RP1380 V3 1 Kyrgyz Republic`s Community Development and Investment Agency (ARIS) Additional Financing for the Bishkek and Osh Urban Infrastructure Project (AF BOUIP) REHABILITATION OF WATER SUPPLY SYSTEM IN TASH-KUMYR TOWN RESETTLEMENT ACTION PLAN (RAP) Safeguards consultant E. Kutmanova Certificate ПР-8.1 № 015872 Tel: +996 709 57 39 30 E-mail: ekutmanova@mail.ru Bishkek city June 2014 2 Table of contents I. Abbreviations and glossary of key terms ...................................................................................... 3 II. Executive summary ..................................................................................................................... 4 II.I. Background information ........................................................................................................... 4 II.II. Project impact ........................................................................................................................ 4 II.III. Estimated cost ..................................................................................................................... 4 1. Introduction ................................................................................................................................... 4 2. Project description ......................................................................................................................... 7 3. Basic normative acts, principles and approaches .......................................................................... 8 4. Impact assessment ........................................................................................................................ 9 4.1. Census ..……………..………………………………………………………………………9 4.2. Category of residents entitled for compensation during resettlement …………..................10 4.3.Assessment of compensation measures….………………………………………..…....11 5. Mechanisms and procedures required for achieving compliance with OP 4.12 “Involuntary resettlement” .................................................................................................................................... 13 5.1. Dispute settlement……………………………………………………………………..13 5.2. Consultations and awareness raising……….…………………………………………..15 5.3. Monitoring and evaluation…………………………………………………………………17 6. Organizational responsibilities…………………………………………………………………19 7. Annexes…………………………………………………………………………………………19 Annex 1: Schematic layout of Tash-Kumyr water supply system with marking of the orchards’ area of PAPs No.1 and 2 affected by the project; Annex 2: Addendum No. 2 to the Cooperation Agreement between ARIS and Tash-Kumyr Mayor’s Office as of October 9, 2013; Annex 3: Announcement about holding informative consultation; Annex 4: Request letter to Tash-Kumyr Mayor’s Office about compensatory payments; Annex 5: Resolution of Tash-Kumyr town kenesh deputies’ session on compensatory payments to PAPs for tree cutting; Annex 6: Consent of PAPs for laying the route of the water main. 3 I. Abbreviations and glossary of key terms RAP “Resettlement Action Plan” is a resettlement document, which contains specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. PAP Project affected persons who were forced to hand over their land or other assets due to the project. WB World Bank RFP Resettlement Framework Policy is a document that sets out the objectives and principles of resettlement, organizational arrangements and funding mechanisms. RAP is designed in accordance with the provisions of RFP. HH Household BOUIP Bishkek and Osh Urban Infrastructure Project WTP Water Treatment Plant AF Additional Financing Right to A number of measures, including compensation, recovery of losses, compensation support, recovery of profit to displaced affected persons, depending on the nature of their losses to restore their economic and social situation. Resettlement Physical resettlement of PAP from his/her place of residence or business before the project. 4 II. Executive summary II.I. Background information The project “Rehabilitation of water supply system in Tash-Kumyr town” is aimed at ensuring access and compliance with drinking water quality standards for townsmen and residents of “Aksy” micro-district. This document considers elements of the resettlement plan and ensures participation of PAP, whose assets, namely fruit trees are affected by the project. Besides the orchards, where the designed route of the water main to be laid, are located in unofficially occupied territories. Screening and scaling of the project were held from April 22-30, 2014 for preparation of the RAP in order to: a. Determine the potential impact, select a tool to organize the resettlement; b. Search the assets affected by the project with defining land ownership as well as PAP socio-economic characteristics. Consents of Tash-Kumyr residents were received (annex 6) during holding informative consultations with PAP and preparation of RAP for laying the water main and cutting a part of the fruit trees, located in unofficially occupied territories. In addition, impossibility of changing the route of the water main to an alternative option was taken into account, under which there would have been no impact of the project to the residents and their fruit trees. II.II. Project impact The following was revealed during the screening: 1. A part of two land parcels located at 122 Baetova Str. and 31 Umetalieva Str., with area ~ 0.01 ha each, which were unofficially occupied by PAPs No.1 and No. 2 for orchards was subject to construction of the route of the water main on it (annex 1); 2. Absence of an alternative route to lay the water main resulting in impossibility of avoiding involuntary resettlement procedures; 3. Possibility to minimize cutting of the trees due to manual excavation works for arranging the trench for the water main, i.e. without involvement of construction machineries in the orchard sites. In such case, only one apricot tree instead of 8 fruit-bearing trees in each orchard will be subject to cutting. II.III. Estimated cost The budget of the RAP in monetary value is 12 200 som, including compensation for four year crop of apricot and cost of saplings, moreover such compensation will be provided at the cost of the Mayor’s Office of Tash-Kumyr town, which is in line with clause 1.6 of the Addendum No.2 to the Cooperation Agreement concluded between ARIS and the Mayor’s Office on October 9, 2013. 1. Introduction The project "Rehabilitation of water supply system in Tash-Kumyr" is a BOUIP A-4 subcomponent of the main A component, which finances the improvement and expansion of the water supply system, roads and other basic infrastructure, and the restoration and improvement of access to basic services both in Bishkek and Osh novostroiki and small towns of the country. 5 The water supply system in Tash-Kumyr shall be rehabilitated due to obsolete and energy- intensive pumping equipment, lack of pressure in the water supply network during peak hours of the water consumption, and in general, limited water supply to customers from 3 to 6 hours a day, lack of water metering and out-of-service disinfection system. Pictures 1-4. Current technical condition of the WTP” site Following rehabilitation the improvement of the system’s operation in general is expected along with reduction of operational expenses including: 1. Three-fold reduction of electricity bills with the increase of daily water supply from 6 000 m3 to 17 000 m3; 2. Installation of a high-efficiency unit pump station with frequency regulation; 3. Arrangement of a booster pump station for water supply to “Aksy” microdistrict, enabling unlimited water supply 24/7. One of the objectives of the project is to construct a new water main section with the length 2531m made of PE pipes, diameter – 315mm, designed within the process flow diagram for switching the existing water main located in the lower part of the town. The designed water main will be laid from the underground booster pump station and its part will be laid through central streets of the town – Baetova and Umetalieva Str. as it shown in the layout below. 6 Water main layout diagram with marked project affected sections Water intake Booster pump station Place of laying the water main in the orchard site of the PAP No.2 (122, Baetova Str.) Place of laying the water main in the orchard site of the PAP No. 1 (31, Umetalieva Str.) Based on the findings of the screening of the project for determination of the potential impact on social sector held in April 2014 it was revealed that the route of the pending new water main along Baetova and Umetalieva streets will be laid within the orchard sites of two residents of Tash- Kumyr town. Moreover, the lands occupied for the orchards do not have legal right of ownership for such land parcels and are currently used by the both PAP unofficially. There are the PAPs’ assets, namely – fruit-bearing trees within the place of pending construction of the route of water main. 7 Pictures 5-6. Orchard of the PAP No. 1 at 31, Umetalieva Str. Pictures 7-8. Orchard of the PAP No.2 at 122, Baetova Str. In this regards, there was a necessity in preparation of the RAP in line with the requirements of BOUIP RFP for taking social protection actions. 2. Project description The project envisages the following activities and recommendations for improving the water supply system in Tash-Kumyr town: 1. Implementation of activities in WTP site, including the following:  Reequipping of the existing chlorination building with installation of disinfection system and installation of dosing pumps for supply of chlorine water to reservoirs. The chlorination station operates on sodium hypochlorite, produced from sodium chloride by electrolysis plant, which enables to exclude a problem pertaining to procurement of liquid chlorine;  Installation of highly efficient pumping equipment in the existing chlorination building is envisaged, thus enabling to commission a new pumping station without taking the existing pumps out of service;  Installation of booster pumps with frequency regulation, 2 booster plants (capacity 700m3/hour and 60 m water head) will be accepted as estimate indicators. Each plant comprises 4 pumps out of which 3 operational and 1 backup;  A water meter shall be installed in a pressure line within WTP site for recording supplied water volume;  On-site networks shall be carried out for connecting a new pumping station to the existing water mains. 8 2. Underground pumping station (capacity 25 m3/hour and 61m water head) was designed for supply of water to “Aksy” microdistrict. Connection of the pumping station shall be done from the existing water main dia. 426mm. Water supply to the microdistrict will be carried out through existing water main dia. 426mm to the end of the building system. The water main shall be plugged at the end point. 3. Switching of existing water main D = 426mm from the water main located in the lower part of the town by laying a new section with length about 2,531 km made of PE pipes dia. 315mm. 3. Basic normative acts, principles and approaches In the Kyrgyz Republic, despite the fairly detailed list of legal documents, there is no directly applicable law providing processes and procedures for involuntary resettlement 1 of citizens during seizure of lands for state or public needs in connection with placement and construction of facilities. Requirements relating to the issues of alienation of land and property of citizens and legal persons for state and public needs are set out in the Constitution, the Civil Code, the Town Planning Code, the Housing Code and the Land Code of the Kyrgyz Republic The general approach of the national legislation and the requirements of the World Bank OP 4.12 "Involuntary Resettlement" is that alienation of property of individuals / entities for public use can be made only with the prior and fair compensation (including through provision of equivalent land or monetary compensation). If the parties do not reach agreement, the issue of involuntary resettlement shall be resolved through the courts. Requirements of the legislation of the Kyrgyz Republic taking into account the World Bank OP 4.12 "Involuntary Resettlement" is aimed to ensure that: 1. measures to minimize involuntary resettlement were taken; 2. the loss of property is compensated at the replacement value of the property; 3. affected persons whose interests are affected are timely informed and compensation options are explained. Generally, if people derive income from the use of land, the best option is to give them land at least equal in quality and area. Affected persons should also be compensated for the crops; 4. under the current law, citizens who have the right to own land can claim for compensation. Persons, who illegally own land or illegally reside on them, are not entitled to compensation for expenses incurred by them during their illegal use of land. Comparing OP 4.12 "Involuntary Resettlement" and Kyrgyz legislation, it should be noted the consistency and coherence of OP 4.12, a great opportunity for participation of people in the preparation and implementation of the resettlement plan, rehabilitation and adaptation to the new location, as well as better responsiveness to the interests of the relocated population. Issues of land seizure in the Kyrgyz Republic comply largely with the WB 4.12 policy requirements. However, the regulations of the Kyrgyz Republic do not provide for assistance to affected persons without a full, legally enforceable title to the lost land or other property. For this particular case, alienation of a part of land parcels, which are in unofficial use of PAP No.1 and No.2 for growing orchard crops, the norms of the land legislation of the Kyrgyz 1 In the Kyrgyz law, the term "involuntary resettlement" has a different meaning. This term is applied only to the change of residence of the citizens as a result of violence or harassment, or threat thereof. Therefore, in the Kyrgyz Republic it is recommended to use the term "resettlement", but not "involuntary resettlement." It should be borne in mind that the term "resettlement" is not in the legislation, but is found only in individual acts of normative-technical and normative-methodical character as SanPiN, etc. 9 Republic do not provide for compensation. In addition, the national legislation does have provisions for rendering assistance resulting from the impact of the project on PAPs’ assets located in unofficially used territories. Since PAPs No.1 and No.2 do not have legal ownership rights to the land, thus there is discrepancy can be seen between the laws of the KR and the requirements of the World Bank OP 4.12 policy on “Involuntary resettlement 2. In case of discrepancy between the laws of the Kyrgyz Republic and the requirements of the World Bank OP 4.12 policy on Involuntary Resettlement, the OP 4.12 principles and procedures should be applied. This priority of WB standards over state law is a requirement for projects funded by the World Bank 3. Whereby it is necessary to be guided by: 1. Bank Procedures OP 4.12 "Involuntary Resettlement"; 2. Operating policies OP 4.12 "The right to compensation and resettlement assistance"; 3. Annex A of the operational policies OP 4.12 "Tools for the organization of involuntary resettlement" - defining elements of the resettlement plan; 4. RFP for the BOUIP AF project and this RAP. 4. Impact assessment 4.1 Census During screening held in April 2014 to determine the potential social impact on social sector it was revealed that the design water mains intrude the territory of two land parcels, which are unofficially occupied for orchard crops by the residents of Tash-Kumyr town. Pictures 9-10. Census of PAPs During the screening process: 1. a number of PAPs was clarified; 2. scaling of the project to determine the potential impact; 3. selection of a tool for the organization of resettlement was identified; 2 pages 9,10 RFP BOUIP 3 page 11 RFP BOUIP 10 4. census and examination were held including surveys’ data of PAPs with inventory of land assets, affected property and proprietary rights to land as well as PAP social-economic characteristics. Inventory of assets was held along the designed route of the water mains and WTP site. The following was revealed during examination: 1. A part of two land parcels located at 122 Baetova Str. and 31 Umetalieva Str., with area ~ 0.01 ha each, which were unofficially occupied by PAPs No.1 and No. 2 for orchards was subject to construction of the route of the water main on it (annex 1); 2. Absence of an alternative route to lay the water main resulting in impossibility of avoiding involuntary resettlement procedures; 3. Possibility to minimize cutting of the trees due to manual excavation works for arranging the trench for the water main, i.e. without involvement of construction machineries in the orchard sites. In such case, only one apricot tree instead of 8 fruit-bearing trees in each orchard will be subject to cutting. Pictures 11-12. The apricot trees of PAPs No. 1 and No.2 subject to cutting During the social-economic survey, the PAPs were informed about census starting and cutoff dates. The status of the land parcels was identified with them, where construction of water main is planned, as well as the issues were clarified pertaining to cutting of the affected trees. It was mentioned that the trench for the water main within the territory of the orchards will be excavated manually thus enabling to reduce the number of the trees subject to cutting out from 8 to 1 in each orchard. 4.2. Category of residents entitled for compensation during resettlement The category of persons who are entitled to compensation and assistance includes resettled persons who may be included in one of the following three categories: 4 a) persons who have formal legal rights to land in accordance with the legislation of the Kyrgyz Republic; b) persons who have no formal legal rights to land at the start of the census, but claimed rights to such land or assets - provided that such claims are recognized by the national legislation or in an order stipulated in the resettlement plan; c) persons who have no formal rights to land or property affected, or running on this plot business or other activities that provide means of living illegally or informally. This includes those involved in informal small business, and business or persons occupying the area without any permit, persons who have farm household for sale or for their own needs, etc. 4 RFP chapter 6.1 page 11 11 In this case, the persons assigned to the categories under subparagraphs (a) and (b) receive compensation for their withdrawn land, as well as other support. And persons falling within the categories specified in subparagraph (c), instead of compensation for their withdrawn land, shall receive assistance during moving to a new location, and if necessary, other forms of assistance, such as to restore livelihoods. It should be noted that the Kyrgyz legislation does not oblige to pay compensation and render assistance to persons identified in subparagraphs (b) and (c). However, in order to achieve the objectives of the World Bank OP 4.12 “Involuntary resettlement”, such compensation is defined by the matrix of rights in BOUIP RFP 5. Abstract of the matrix of rights for compensation RFP, PAP entitlement for compensation, affected assets and guidance on compensations Table 1 Guidance on Project impact PAP category Asset affected compensation 1 2 3 4 Acquisition of land Unofficial user Land Land compensation is not envisaged Owner of fruit-bearing Owner Fruit-bearing Cash compensation for tree tree and yield affected assets based on market value 6 and cash compensation of the crop’s cost multiplied by the number of years, which is required for a sapling to reach its maturity In this particular case, the PAPs No.1 and No.2 fell into category (c) persons who have a right for receiving cash compensation for affected assets and compensation based on market value for the crop’s cost multiplied by the number of years, which is required for a sapling to reach its maturity. Therefore, the WB policy 4.12 “Involuntary resettlement” falls on the PAP category in question, through cash compensation of affected assets and crop, though such measures are not envisaged in the acting legislation of the Kyrgyz Republic. 4.3 Assessment of compensation measures Calculation of compensation to PAPs for the crop and assets affected by the project is shown in Table No.2. Cost of compensation was determined based on survey data of Tash-Kumyr residents. Survey of residents was conducted simultaneously with a social screening of the project following which an average crop yield of apricot and its maximum market value within the town were identified. 5 RFP page 13-15 6 In this case monetary value of an apricot sapling is compensated 12 Calculation of compensation for the crop and recovery cost for the assets affected by the project Table 2 # Names of PAP Description Number Average crop Maximum Compensation per Number of Compensati Total (address and of the trees of trees yield, market value season, years on amount Compensation compensat contact details) subject to subject Y 7, (kg per tree) per product required for for crop of amount for ion cutting to unit 8, C1=S×Y×P, a sapling to apricot for cost of amount, cutting, P (Som per (Som) reach its four years, saplings, S, (pcs.) kg of apricot) maturity, N C2=C1×N, C3 (Som) Q=C2+C3, (Som) (Som) 1 2 3 4 5 6 7 8 9 10 11 PAP No.1 Suranchieva Anara Fruit-bearing 1х150х10= 1 (31, Umetalieva 1 150 10 4 6 000 100 6 100 apricot tree 1 500 Str. Tash-Kumyr town) tel.: + 996 (778) 37 35 66 PAP No.2 Jumabaev Kuldurkan Fruit-bearing 1х150х10= 2 (122, Baetova 1 150 10 4 6 000 100 6 100 apricot tree 1 500 Str. Tash-Kumyr town) tel.: + 996 (779) 68 93 16 TOTAL: 12 200 According to survey data of town residents, an average crop yield of apricot is ≈ 150 kg per tree. 7 8 Maximum market value of apricot as of July 2013 is approx. 10 som/kg. 13 RAP budget will be executed at Tash-Kumyr Mayor’s Office cost in line with clause 1.6 of the Addendum No.2 to the Cooperation Agreement concluded between ARIS and the Mayor’s Office on October 9, 2013 (annex 2). The budget of the RAP in monetary value is 12 200 som, including compensation for four year crop of apricot and cost of saplings. Compensation amounts, designated for PAPs No. 1 and 2, shown in table 2, were agreed by Tash- Kumyr Mayor’s Office with PAPs prior to preparation of the RAP. Following the receipt by the Mayor’s Office of a request letter from ARIS (Annex 4), the PAPs No. 1 and 2 were invited to the vice-mayor, Masabirov I.A., on June 16, 2014 for agreeing the issues pertaining to laying of the water main route through their orchards and outstanding amounts for compensation, where the PAPs received clear explanation about the current situation. PAPs regarded with favor to the decision of this issue, by providing their written consent to laying of the water main route (annex 6), and only upon agreement with PAPs, the Resolution No. 7 dated June 26, 2014 about compensation amount was adopted by a joint decision (annex 5) during the session 19 of Tash- Kumyr town kenesh deputies. 5. Mechanisms and procedures required for achieving compliance with OP 4.12 “Involuntary resettlement” 5.1. Dispute settlement If risks arise or negative impact on PAPs occurs, concerns and complaints regarding resettlement can be impartially dealt with through the grievance redress mechanism built on the following principles: a) Compliance of grievance redress mechanism to the scope of the project impact; b) Prompt consideration of issues, use of free, accessible and open process, culturally acceptable and understandable to all stakeholders; c) Provision of access to legal and administrative measures, i.e. rights to appeal to court; d) Due informing of the concerned community about this mechanism. Order of submission, review and addressing of complaints Table 3 Claim procedure PAP submits Time for Form of his/her Grievance management order review of the submission complaint to complaint 14 Authorized 1) The APR registers the complaint Project in the log 9, assigns it a reference I Instance Representative number. (APR) - director 2) The APR follows up the process of water utility of grievance review and redress; Verbal 5 days company 3) The APR reports to the (Vodokanal) management of the Mayor’s Office E.M. Kuluev, and ARIS on the status of tel.: + 996 (770) grievance redress activity on 46 35 46 monthly basis Coordinator of BOUIP ARIS Umetov B.U. Address: ARIS Central Office, 102 Bokonbaev ARIS Safeguards Specialist, II Instance Street, Bishkek, Kutmanova E. Tel: + 996 (709) 57- Kyrgyz Republic, 39-30: In writing, 720040, 1) Maintains direct liaison with the dated, Tel: + PAPs; 14 days signed 996(312) 30–18– 2) In case of proven validity, 05, 30–17–53, organizes and holds consultations 30–17–54, 62– with the complainant and develops 07–52 corrective measures fax: + 996(312) 62–47– 48, e-mail: office@aris.kg In writing, if the complaint Tash-Kumyr was not III Instance Mayor’s Office, resolved at tel. +996 (03745) the 2nd 1) Coordination with all 5–04- 10 instance, it stakeholders; 30 days Fax: is directed 2) Adoption of legalized decision + 996 (03745) from the of Tash-Kumyr Mayor’s Office 5-00-30 ARIS to Tash- Kumyr Mayor’s Office 9 Format of Grievance log is presented in Table 6 and 7 15 The complaint is sent if the complainant is not According to Court of first satisfied According to the court procedures the court instance with the procedures IV Instance decision of Tash- Kumyr Mayor’s Office 5.2. Consultations and awareness raising Procedures required according to RFP requirements on personal involvement of displaced persons in resettlement activity, holding of consultations and ensuring participation of PAPs in activities pertaining to resettlement jointly with representatives of Tash-Kumyr Mayor’s Office were carried out. Besides, PAPs played a key role during execution of these procedures. Citizens of the town were timely informed about holding of the consultations from announcements posted in public places (annex 3). Pictures 13-14. Announcement about holding of the consultations During consultations, the PAP received clear explanations of legal issues related to compensation from Mayor’s Office for crop of apricot and cost of saplings subject to cutting. Consultations on impact assessment of the project were held in a form of meeting and direct negotiations considered to be the most reliable and acceptable source of information for PAPs. During the meeting, the coordinator of BOUIP - Umetov B.U, and the consultant on social issues – Kutmanova E.V. gave clear, plain and comprehensive clarifications about objectives and procedures of WB OP 4.12 “Involuntary resettlement” and explained principles of RAP preparation. Information about starting and cutoff dates of the census was announced and issues on compensatory payments during resettlement were explained. 16 Pictures 15 – 22. Fragments of consultation and awareness raising activity Upon completion, this RAP will be submitted to the Coordinator of BOUIP ARIS for approval and further dissemination among the stakeholders, PAPs and Tash-Kumyr Mayor’s Office. Comments and proposals will be accepted during two weeks following the disclosure. The received comments and proposals will be analyzed to assess their validity and incorporate relevant ones into the plan, and once again approved by ARIS and further submitted to the WB for review and approval for compliance with the requirements of OP 4.12 “Involuntary resettlement”. 17 Then, using established information disclosure principles, in particular information disclosure in a proper manner, this RAP will be disclosed on the WB info-shop website and ARIS webpage, and will be disseminated again in Tash-Kumyr Mayor’s Office and sent to PAPs. This order of information coverage is summarized in the table below: Table 4 No. Order of information Result of information RAP is submitted to disclosure activities activity Disseminated among Coordinator of BOUIP stakeholders, PAPs and 1 After development of RAP ARIS for approval in Tash-Kumyr Mayor’s Office 1. Published on the WB info-shop website For 14 days following the Once again to the and disclosed on the initial publication, Coordinator of BOUIP ARIS website. comments and proposals ARIS for repeat 2 2. Disseminated again are collected, their validity approval and further in Tash-Kumyr is analyzed for inclusion of submission to the WB Mayor’s Office and comments into the RAP for review and approval among PAPs On the ARIS website the RAP will be available in English and Russian. It will also be translated into Kyrgyz and disseminated among the stakeholders if needed. 5.3. Monitoring and evaluation ARIS Safeguards Specialist will supervise the progress of RAP implementation through the entire construction period. The monitoring mechanism will be included in the quarterly general report on project implementation in general including indicators and records of the following information: RAP implementation mechanisms Table 5 Information No. Monitoring indicators volume and records 1 Grievance/complaints and proposals received from PAPs 2 Unresolved complaints Compensatory payments by Tash-Kumyr Mayor’s Office for four 3 seasons’ crop of apricot and cost of saplings prior to project commencement The RAP will be kept in a separate file containing the following documents: 1. RAP 2. Log of grievance/complaints and suggestions, shown in tables 6 and 7; 3. Copies of documents on receiving by PAPs compensatory payments from Tash-Kumyr Mayor’s Office. 18 Log for registration of complaints by APR, I instance of claim procedure Table 6 Date when the Date when the Full name of PAP and Date when the Is the PAP satisfied with the results complaint was reply for the No. his/her contact details Content of complaint complaint was of review by this instance (yes/no) received by complaint was (address and phone number) sent to ARIS and why APR received 1 2 3 4 5 6 7 Log for registration of complaints by the III instance of the grievance redress order 10 and court decisions Table 7 Date when the Is the PAP satisfied with complaint was the results of review by Decision of the Mayor Date when the № Content of repeated received by this instance (yes/no) and Date of appeal to the court adopted on the PAP received complaint Tash-Kumyr why and the court ruling complaint the reply Mayor’s Office 1 2 3 4 5 6 7 10 This Log will be filled out if the PAP is not satisfied by the decision adopted on the complaint by the I and II instances. 19 The Logs will be filled out on a rolling basis as soon as the complaints and proposals are received from PAPs, and complaints/ proposals will be managed following the order of submission, review and redress of complaints (Table 3). The documents listed above will be stored in a cumulative folder until completion of construction. Upon completion of the Project, control verification will be carried out to ascertain compliance with the RPF requirements. 1. Organizational responsibilities ARIS is responsible for the following items: a) Preparation of RAP in cooperation with Tash-Kumyr Mayor’s Office with participation of PAPs; b) Implementation of the plan; c) Reliability of census of PAPs and their assets; d) Information sharing among PAPs about final RAP; e) Dissemination of the RAP approved by the WB to all stakeholders. Tash-Kumyr Mayor’s Office is responsible for the following: a) making compensatory payments to PAPs for four agricultural seasons’ crop of apricot and cost of saplings; 7. Annexes 19 20 ANNEX 1 Schematic layout of Tash-Kumyr water supply system with marking of the orchards’ area of PAPs No.1 and 2 affected by the project 20 ANNEX 2 Addendum No. 2 to the Cooperation Agreement between ARIS and Tash-Kumyr Mayor’s Office as of October 9, 2013. (courtesy translation) Addendum No.2 to the Cooperation Agreement between Community Development and Investment Agency of the Kyrgyz Republic And Tash-Kumyr Mayor’s Office Addendum to the agreement was signed on October 9, 2013 Based on the Agreement on additional financing of the Bishkek and Osh Urban Infrastructure Project signed on May 3, 2012 between the Kyrgyz Republic and the International Development Association, ratified by Jogorku Kenesh [the Parliament] of the Kyrgyz Republic on June 21, 2012 and signed by the President of the Kyrgyz Republic on June 29, 2012 this addendum is made to the cooperation agreement signed on October 10, 2012 between Community Development and Investment Agency of the Kyrgyz Republic (ARIS) with an address at 102, Bokonbaeva Str., Bishkek, Kyrgyz Republic represented by the Executive director of ARIS – Mr. Ismailov K. on the one part and Tash-Kumyr Mayor’s Office with an address at 24, Sydykov Str., Tash-Kumyr, Kyrgyz Republic represented by the Mayor – Mr. Minbaev B.B. on the other part. Hereby the parties have agreed as follows: 1. Clauses (b) Article 4 Chapter 2. “Rights and responsibilities of the Mayor’s Office” shall be amended to read as follows: Under “A4” subcomponent of the Project: • Determine (assign) an authorized representative of the Mayor’s Office and entrusting him/her with responsibilities to hold monitoring of subproject implementation, accept and sign Statements of accomplished works (SAW), including phased SAW, participate in activities arranged by ARIS under the subproject etc. Upon assignment of an authorized representative, the Mayor’s Office shall inform ARIS in writing and provide the latter with a certified signature of an authorized representative. • Sign the contract, prepared by ARIS, with a selected contracting organization. • Co-financing of the Mayor’s Office shall be provided as payment of a respective share of an invoice issued by the contractor. Co-financing shall be provided at least 5 days after submission of an invoice by the contractor supported by an advance bank guarantee (for advance payment) or statement on accomplished works issued by authorized bodies of the Mayor’s Office (for payment of accomplished works). Upon provision of co-financing, the Mayor’s Office shall furnish ARIS with request for payment to the contractor with attached invoice and supporting documents on performance of obligations pertaining to co-financing by the Mayor’s Office. • If allocation of a land parcel is needed for implementation of a subproject – a land parcel shall be allocated for implementation of a subproject according to established procedure with consequent registration of the land parcel in “Gosregistr” [state agency for registration of rights to immovable property]. • If Detailed Design Estimates (DDE) is needed for implementation of a subproject – such DDE shall be developed and approved according to established procedures by relevant authorized bodies. • Consider ARIS requests on execution of Cooperation agreement and implementation agreement and take appropriate measures (if needed); • Ensure information sharing among the population about the progress of the subproject implementation. All information relating to implementation of the subprojects (allocated funds, prices of procured works and materials, implementation timeframe, full names of responsible persons etc.) shall be available on notice boards. • Ensure quarterly Media coverage of the progress of the Project implementation and at least once a year to report on the progress of the Project implementation at Town Kenesh session. • Ensure commissioning of completed subprojects in compliance with the legislation of the Kyrgyz Republic, take them in municipal ownership and hand over for use to operating entity. 2. This addendum shall come into force when signed. PARTIES SIGNATURE Community Development and Investment Agency Tash-Kumyr Mayor’s Office of Kyrgyz of the Kyrgyz Republic Republic 102, Bokonbaeva Str., Bishkek, 24, Sydykov Str., Tash-Kumyr, Kyrgyz Republic Kyrgyz Republic signature and stamp affixed signature and stamp affixed Executive director of ARIS Mayor Ismailov K. Minbaev B. ANNEX 3 Announcement about holding informative consultation ANNOUNCEMENT Community Development and Investment Agency (ARIS) jointly with Tash-Kumyr Mayor’s Office hold informative consultation for citizens of the town Consultation will be held on April 22, 2014 at 10:00 in the assembly hall of the Mayor’s Office building Agenda: 1. Information sharing among the public about starting of the project implementation “Reconstruction of water supply system in Tash-Kumyr”; 2. About holding of social-economic survey and if required – about participation of the population in planning and implementation of resettlement program; 3. Presentation of the participants of the consultation; 4. Question-and-answer session; 5. Conclusion and wrap-up of the meeting. ANNEX 4 Request letter to Tash-Kumyr Mayor’s Office about compensatory payments (courtesy translation) (on the ARIS letterhead) 09.06.2014 Ref. No. 09-585 To: Mayor of Tash-Kumyr town Minbaev B.B. Copy to: Director of Tash-Kumyr Vodokanal Kuluev E.M. Dear Bekbolot Beknazarovich, As you may know, Community Development and Investment Agency (ARIS) is starting implementation of the project “Reconstruction of water supply system in Tash-Kumyr town”, aimed at improvement of access, quality and efficiency of provided services. Following the public hearings held in April 2014 in the Mayor’s Office of Tash-Kumyr town, the route of water mains was inspected to determine potential impact of the project to the social sector. Representatives of town water utility company (vodokanal), design institute, ARIS and residents of the town affected by the project participated in this activity. Findings of the inspection of the water main route revealed two persons – Suranchieva Anara and Jumabaev Kuldurkan, residing at 31, Umetalieva Str. and 122, Baetova Str. respectively, whose apricot trees (one tree per PAP) are subject to cutting. According to the requirements of the Operational Policy of the World Bank 4.12 “Involuntary resettlement” compensations shall be paid to them in the amount specified in attached calculation below. In this regard, according to clause 1.6 of the Addendum No.2 to the Cooperation Agreement between ARIS and Tash-Kumyr Mayor’s Office dated October 9, 2013, we kindly request you to pay compensations from the town budget for the crop of apricot and cost of the saplings by June 20, 2014. For timely implementation of the project, we would like to request you to expedite this process and confirm the payments in writing. Thank you for your cooperation in advance. Kind regards, Project Coordinator [signature affixed] Umetov B.U. Attachment: one-page calculation of the compensation Prepared by: Kutmanova Elena Tel: 0 7097 57 39 30 ANNEX 5 Resolution of Tash-Kumyr town kenesh deputies’ session on compensatory payments to PAPs for tree cutting (courtesy translation) (on the letterhead of Tash-Kumyr town kenesh) XXVI convocation Regular session No.19 Resolution No.7 “Regarding the request letter to the Mayor’s Office “about introduction of amendment and addition to the approved local budget for 2014” Following the hearing and discussion of the information, regarding the request letter to the Mayor’s Office dated 16.06.2014 No. 03-5/734 “about introduction of amendment and addition to the approved local budget for 2014” presented by the chairperson of the permanent committee on “Economic and budgetary affairs” under the town kenesh, Kuluev E. as well as suggestions and opinions of the deputies, the session No.19 of XXVI convocation of the town kenesh deputies hereby decrees: 1. Consider the information of the chairperson of the permanent committee on “Economic and budgetary affairs” under the town kenesh, Kuluev E. regarding the request letter to the Mayor’s Office dated 16.06.2014 No. 03-5/734 “about introduction of amendment and addition to the approved local budget for 2014. 2. Introduce an amendment to the revenue side of the approved local budget of Tash-Kumyr town for 2014 through increasing it by 12 200 (twelve thousand two hundred) som due to funds received from selling of nonagricultural lands. 3. Introduce an amendment to the expenditure side of the approved local budget of Tash- Kumyr town for 2014, • According to ARIS project “Reconstruction of water supply system in Tash- Kumyr town” for compensation for cutting two fruit-bearing apricot trees located within the route of the water mains, total amount of 12 200 som shall be allocated from the local budget through the Mayor’s Office: 6100 som to the resident of the town – Suranchieva A., residing at 31, Umetalieva Str. and 6100 som to the resident of the town – Jumabaev K., residing at 122, Baetov Str. 4. Incorporation of this resolution into the state register shall rest with the town kenesh office. 5. The resolution will come into force when published in mass media. 6. The permanent committee on “Economic and budgetary affairs” under the town kenesh (Kuluev E.) shall be charged with supervising the execution of this resolution. Chairperson of the Tash-Kumyr town kenesh deputies [signature and stamp affixed] Kuldyshev M.S. ANNEX 6 Consent of PAPs for laying the route of the water main (courtesy translation) Explanatory note I, Jumabaev Kuldurkan, write this explanatory note as I reside at 120-2, Baetov Str., Tash-Kumyr town. In view of the implementation of the taza suu (clean water) program under ARIS project the route of the water main passes through my garden and encounters with one fruit-bearing apricot tree of my orchard. In view of water supply to the citizens of the town, I agreed to cut one apricot tree. 20.06.2014 Tel: 0779 68 93 16 [signature affixed] (courtesy translation) Explanatory note I, Suranchieva Anaraim, write this explanatory note as I reside at 31, Umetaliev Str., Tash-Kumyr town. In view of the implementation of the taza suu (clean water) program under ARIS project the route of the water main passes through my garden and encounters with one fruit-bearing apricot tree of my orchard. In view of water supply to the citizens of the town, I agreed to cut one apricot tree. 12.06.2014 Tel: 0778 37 38 XX [signature affixed]