RP1469 The Kyrgyz Republic Ministry of Transport and Communication Central Asia Road Links Project – Kyrgyz Republic Resettlement Policy Framework Date: September 4, 2013 TABLE OF CONTENTS Abbreviations ....................................................................................................................... III Glossary of Terms................................................................................................................ IV Chapter 01: Introduction........................................................................................................ 1 1.1. Project Background ............................................................................................... 1 1.2. Proposed Road Sections and Potential resettlement impact ................................. 1 1.3. Objectives of Resettlement Planning ..................................................................... 2 1.4. Scope of Land Acquisition and Resettlement under the Project ............................ 3 Chapter 02: Land Acquisition And Resettlement Framework................................................. 4 2.1. Land Acquisition & Resettlement Processing Requirements ................................ 4 2.2. Legal and Policy Background ............................................................................... 5 2.3. Comparison of Kyrgyz Republic and World Bank Policy Requirements ................ 9 Chapter 03: Institutional Arrangement ................................................................................. 12 3.1. Institutional setup ............................................................................................... 12 3.2. Ministry of Transport and Communication .......................................................... 12 3.3. LAR Interdepartmental Commission ................................................................. 122 3.4. Supervision Consultants and Independent Assets Valuator ................................ 13 3.5 Civil Society ....................................................................................................... 13 Chapter 04: Screening, Resettlement Plan Preparation and Implementation ...................... 15 4.1. Screening Resettlement Impacts ....................................................................... 15 4.2. Procedure for Resettlement Plan Preparation ................................................... 16 4.3. Review and Approval of Plans ........................................................................... 18 4.4 Vulnerable Groups ............................................................................................ 19 4.5. Gender Impact and Mitigation Measures ........................................................... 19 Chapter 05: Policy Framework and Entitlements ................................................................. 20 5.1. Project Affected People – Eligibility ................................................................... 20 5.2. Compensation Entitlements ............................................................................... 21 Chapter 06: Establishing Compensation Rates ................................................................... 25 6.1. Background ....................................................................................................... 25 6.2. Assessment of Compensation Unit Values ........................................................ 26 6.3. Provision of Land for Land Compensation ......................................................... 26 6.4. Resettlement Budget and Financing .................................................................. 27 Chapter 07: Consultation, Participation and Documents Disclosure .................................... 28 7.1. Introduction ....................................................................................................... 28 7.2. Objectives of Public Information and Consultation ............................................. 28 7.3. Consultation during RP Preparation and Implementation .................................. 29 7.4. Public Information Booklet ................................................................................. 29 [I] 7.5. Disclosure ......................................................................................................... 30 Chapter 08: Grievance Redress Mechanism ....................................................................... 31 8.1. Objectives ......................................................................................................... 31 8.2. Grievance Redress Group (GRG)...................................................................... 31 8.3. Local Authorized Person ................................................................................. 321 8.4. Functioning of the GRG within the Grievance Redress Mechanism ................. 332 8.5. Technical Experts .............................................................................................. 33 8.6. Grievance Resolution Process .......................................................................... 33 8.7. GRG Records and Documentation .................................................................. 355 Chapter 09: Monitoring and Evaluation ............................................................................... 36 9.1. Internal Monitoring ............................................................................................. 36 9.2. External Monitoring ........................................................................................... 36 9.3. Training in ‘RP’ implementation ......................................................................... 37 Chapter 10: Implementation Process .................................................................................. 39 Appendix-1: Screening form & Checklist Appendix-2: Sample Abbreviated Resettlement Plan Appendix-3: Sample Full Resettlement Plan Appendix-4: Complaints and Grievance Submission Form [II] ABBREVIATIONS AH - Affected Household AP - Affected People/Person CBO - Community-Based Organization DP - Displaced Person DMS - Detailed Measurement Survey EA - Executing Agency EMP - Environmental Management Plan GRG - Grievance Redress Group GRM - Grievance Redress Mechanism IMA - Independent monitoring agency IOL - Inventory of Losses IPIG - Investment Project Implementation Group NSC - National Statistical Committee MOF - Ministry of Finance MoTC - Ministry of Transport and Communications NGO - Non-Governmental Organization PAH - Project Affected Household PAP - Project Affected Person ROW - Right-of-Way PIU - Project Implementation Unit RMS - Road Management Services RMU - Road Maintenance Unit RPF - Resettlement Policy Framework RP - Resettlement Plan SAEPF - State Agency for Environment Protection and Forestry TA - Technical Assistance TOR - Terms of Reference PIB - Public Information Booklet NRRP - National Road Rehabilitation Project [III] GLOSSARY OF TERMS Compensation : Means payment in cash or in-kind at replacement cost for an asset to be acquired by the Project. Cut-off Date : Means the date that a population record or census, preferably at the project identification stage, serves as an eligibility cut-off date in order to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. The cut-off date will be the date when the census for the RP is completed Detailed : Means the detailed inventory of losses that is completed after de- Measurement tailed design and marking of project boundaries on the ground. Survey (DMS) Displacement : Means either physical relocation or economic displacement whereby the impact of loss of incomes force people to relocate in order to initiate alternative strategies of income restoration. Encroachers : Means those people who move into the project area after the cut- off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Entitlement : Means the range of measures comprising compensation, income restoration, transfer assistance, income substitution, and reloca- tion which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Inventory of : Means the pre-appraisal inventory of assets as a preliminary rec- Losses ord of affected or lost assets. Land Acquisition : Means the process whereby a person is compelled by the local administration through the Executing Agency of the Project to al- ienate all or part of the land s/he owns or possesses in favor of the State in the implementation of the Project or any of its components in return for consideration. Non-Titled : Means people using private or state land without legal ownership right or formal permission of the real owners/entities. Project Affected : Means a person or household affected by direct economic and so- Person (PAP) or cial impacts caused by: a. the involuntary taking of land resulting in Project Affected (i) relocation or loss of shelter; (ii) loss of assets or access to as- Household (PAH) sets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; b. in- voluntary restriction of access to legally designated parks and pro- tected areas resulting in adverse impacts on the livelihoods of the displaced persons. Relocation : Means the physical shifting of a PAP from his/her pre-project place of residence and/or business. Replacement : Means the amount in cash or in-kind needed to replace an asset [IV] Cost and is the value determined as compensation for: (a) Agricultural land and fishpond based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on productive val- ue; (b) Residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displace- ment, and in the absence of such recent land sales, based on similar location attributes; (c) Houses and other related structures based on current market prices of materials and labor without de- preciation nor deductions for salvaged building materials; (d) Crops based on current market value; (e) Trees and other peren- nials based on current market value; and (f) Other assets (i.e., in- come, cultural, aesthetic) based on replacement cost or the cost of mitigating measures. Rehabilitation : Means assistance provided to seriously affected people due to the loss of productive assets, incomes, employment or sources of liv- ing that require to be compensated in order to improve, or at least achieve full restoration of living standards to pre-project level. The livelihood support may be given in cash or in kind or a combination of the two in order to improve, or at least achieve full restoration of living standards to pre-project levels. Resettlement : Means all measures taken by the Project proponents to mitigate any and all adverse social impacts of the Project on the PAPs, in- cluding compensation for lost assets and incomes, and the provi- sion of other entitlements, income restoration assistance, and re- location as needed. Resettlement : Means the time-bound action plan with budget setting out reset- Plan tlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation. Significant : Means PAPs being: (i) physically displaced from housing, and/or Impact (ii) having 10% or more of their productive, income generating as- sets lost. Affected people experiencing significant impacts are re- ferred to as being “severely affected’’. Structures : Mean all structures affected, or to be acquired, by the project - liv- ing quarters, wells, hand pumps, agricultural structures such as rice bins, animal pens, stores/warehouses, commercial enterprises including roadside shops and businesses. Vulnerable : Means distinct groups of people who might suffer disproportionate- Groups ly from the loss of fixed and movable assets, other assets and production base from the effects of resettlement and specifically include: (i)divorced or widowed female headed households with dependents and low income;(ii) households with disabled or invalid persons; (iii) households with persons falling under the generally accepted indicator for poverty as defined by the Ministry of Labor and Social Welfare, or the landless; and (iv) elderly households with no means of support. [V] CHAPTER 01: INTRODUCTION 1.1. Project Background 1. Within the framework of Central Asia Regional Economic Cooperation (CAREC) Pro- gram, the countries of Central Asia are working together to increase regional transport connectivity by coordinating investments in transport infrastructure and aligning respective policy and regulatory reforms to make the impacts of those investments sustainable. This is to improve the region’s competitive- ness, reduce poverty and expand trade, both among Central Asian econo- mies, regionally, and globally. CAREC program focuses on investment and other activities along six transport corridors that link north, south, east and west through Central Asia. 2. Specifically, the Governments of Tajikistan and the Kyrgyz Republic approached the World Bank to consider financing for the Osh-Khujand road corridor of which the Osh – Baken – Isfana Road is an integral part. 3. The proposed Central Asia Road Links program is being prepared as part of a regional program on improvements of priority road links in Central Asia which is ex- pected to have substantial positive impacts on poverty reduction and econom- ic growth, not only because of the high population density along the catch- ment area of the corridor, but also high poverty rates and related impacts on cohesion and migration. 4. The following road sections which will link the Kyrgyz Republic with its neighboring countries are expected to be financed by the proposed program: (a) Isfana to border crossing point at Kairagach/Madaniyat (34.77 kilometers), (b) Batken to Tortkul (14.30 kilometers) and (c) Batken to border crossing point at Kyzyl Bel/Guliston (6.11 kilometers). 1.2. Proposed Road Sections and Potential resettlement impact 5. Potential resettlement impacts for road sections under the project are expected to be as follows: 6. Road Section between Batken and Kyzyl-Bel (6.11 kilometers): The existing road which this route option follows is wide enough to accommodate the required cross section. Thus, no physical resettlement is anticipated to occur. Page | 1 7. Batken to Tortkul (14.30 kilometers): The existing road which this route option follows is wide enough to accommodate the required cross section. Thus, no physical resettlement is anticipated to occur. 8. Isfana – Sulukta: The existing road through the settlements is partly not wide enough to accommodate the required cross section. Thus, some land acquisition is an- ticipated to be required, but no buildings are likely to be affected. 9. Sulukta – Koltso on the narrow gauge railway track: Behind the start the alignment runs through the built-up area of Sulukta. This option will most likely have impact on private land, trees and structure. 10. Koltso – Kairagach: The existing road is wide enough to accommodate the required cross section. Thus, no physical resettlement is anticipated to occur. 1.3. Objectives of Resettlement Planning 11. This Resettlement Policy Framework (RPF) has been prepared for the proposed Project and outlines the resettlement principles and procedures to ensure that if reset- tlement needs are identified, the executing agency (EA) – the Ministry of Transport and Communications (MoTC) of the Kyrgyz Republic – will follow the procedures for involuntary resettlement in compliance with the Govern- ment’s applicable laws and regulations and World Bank’s policy. The RPF sets out the objectives, eligibility criteria for project affected people (PAPs), entitlements, legal and institutional framework, establishing compensation rates and unit rates, modes of compensation and rehabilitation, participation and consultation procedures, and grievance redress mechanisms which will be employed to compensate, and rehabilitate the livelihoods and living stand- ards of PAPs. The RPF also sets out the steps for preparation and implemen- tation of resettlement plans (RPs) to be prepared under the Project. 12. The main objectives of the RPF are to: (i) guide in properly identifying, compensating, and restoring the livelihoods of PAPs, (ii) serve as a binding document to en- sure payment of compensation and assistance to PAPs, and (iii) provide di- rection in preparing, updating, implementing and monitoring subprojects’ RPs. The RPF includes measures to ensure that PAPs are (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full re- placement cost for losses of assets attributable directly to the Project. 13. This RPF is a document prepared by the MoTC of the Kyrgyz Republic which has been reviewed and cleared by the World Bank. The RPF is uploaded to the PIU’s Page | 2 website WWW.PIUMOTC.KG and the World Bank’s web-site, where it is available through the development centre/Infoshop, in compliance with the World Bank’s policy. The RPF is translated into Kyrgyz and Russian, and will be distributed to local government agencies and potential PAPs. The RPF should be read in conjunction with the World Bank’s OP 4.12 Involuntary Re- settlement policy and Kyrgyz laws. 14. The RPF comprises three important elements: (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of re- location sites with appropriate facilities and services; and, (iii) assistance for rehabilitation to achieve at least the same level of well-being with the Project as without it. The RPF is based on the following principles: • Involuntary resettlement is to be avoided or at least minimized; • Compensation must ensure the maintenance of the PAPs’ pre-project living stand- ards; • PAPs should be fully informed and consulted on compensation options; • PAPs’ socio-cultural institutions should be supported/used as much as possible; • Compensation will be carried out with equal consideration of women and men; • Lack of formal legal land title should not be a hindrance to rehabilitation; • Particular attention should be paid to households headed by women and other vul- nerable groups and appropriate assistance should be provided to help them improv- ing their status; • Land acquisition and resettlement should be conceived and executed as a part of the project, and the full costs of compensation should be included in project costs and benefits; and • Compensation/rehabilitation assistance will be paid prior to ground leveling, demoli- tion, and in any case, before an impact occurs. 1.4. Scope of Land Acquisition and Resettlement under the Project 15. The initial assessment through reconnaissance identified potential resettlement impact in maximum roads options and major type of impacts in some options are land, structure, fences, trees and crops. As such cases, final selection of pro- posed road options will be the scope of information of actual resettlement im- pacts for this project and requirement of the compensation and consultation adheres to the provisions of this RPF. Page | 3 CHAPTER 02: LAND ACQUISITION AND RESETTLEMENT FRAMEWORK 2.1. Land Acquisition & Resettlement Processing Requirements 16. In respect of resettlement1, based on World Bank’s Policy OP 4.12 “Involuntary Reset- tlement” and practice, the approval of the implementation of subprojects will require the preparation of a number of documents as follows: • This RPF for the overall project and applicable to all sections of road rehabilitation or subprojects; • A resettlement checklist and categorization form (Appendix 1) indicating for each section of road rehabilitation or subproject, whether land acquisition impacts are like- ly to occur, type of impacts, likely magnitude.; • If land acquisition will occur, a RP for each section of rehabilitated road or subproject based on detailed design. The RP will include detailed compensation and administra- tion budgets and implementation schedules linking land acquisition and resettlement planning tasks to the initiation of civil works. As detailed in OP 4.12 of the World Bank, the complexity and contents of RPs vary depending on the degree of impacts severity of a subproject. When impacts are considered significant, a subproject is classified as Category “A” and a full RP is to be prepared (Appendix 3); and • For subprojects that will create minor or insignificant land acquisition and resettle- ment impacts, they will be classified as Category “B” and only an abbreviated RP is to be prepared (Appendix 2). 1 It should be noted that according to WB’s Policy OP 4.12, the term resettlement encompasses more than the ‘physical relocation or resettlement’ of affected people. It is defined as the social and economic impacts of a pro- ject that are permanent or temporary and are caused by the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (iv) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Page | 4 2.2. Legal and Policy Background 2.2.1. Land Ownership 17. Following the Kyrgyz Republic’s independence from the USSR, land reform changed the status of land tenure in rural areas. State owned collective farms reverted to a system of village governments - Ayi-lokmotus and it is at this level that re- forms have taken place. Three quarters of the land from collective farms was divided among households with initial 49-years use rights, which were later extended to 99 years. 18. In 1998, following a public referendum, the law was altered so that land became private- ly owned with a five-year moratorium on sale. The remaining 25% of the land from collective farms was leased out by the Ayil-okmotus to individuals or farm entities. This provides the source for land funds from which compensa- tion for land acquisition is carried out. Pastoral land remains the property of the state, and is leased out to shepherds. Until land privatization measures were taken, compulsory acquisition practices rarely affected households as, when land was required for state purposes, it could be found in the inventory of publicly owned land. However, as the proportion of privately owned and separately delineated land increases, land acquisition and resettlement issues will become more important and will need to be dealt with in a consistent and transparent manner. 2.2.2. Law on Land Acquisition and Resettlement in Kyrgyz Republic 19. The main legal document concerning the rights of Kyrgyz’s citizens is the Constitution of the Kyrgyz Republic (came into force by Kyrgyz law on 27th of June 2010). According to the Constitution of the Kyrgyz Republic land is in state, munici- pal, private and other forms of ownership. As well as the basic rights provided for under the Constitution, the Land Code (1999) govern land use and land acquisition. The relevant articles of the Constitution include: • Article 12 1. In the Kyrgyz Republic the diversity of forms of property shall be recognized and equal legal protection to private, state, municipal and other forms of property shall be guaranteed. 2. Property shall be inviolable. No one can be arbitrarily deprived of his/her proper- ty. Confiscation of property against the will of the owner shall be allowed only upon decision of a court. 5. The land, its resources, airspace, waters, forests, flora and fauna, as well as oth- er natural resources shall be the exclusive property of the Kyrgyz Republic; these shall be used for the purpose of preserving a unified environmental system Page | 5 as the basis of life and activity of the people of Kyrgyzstan and shall enjoy spe- cial protection from the State. Land may also be in private, municipal and other forms of ownership except for pastures which may not be in private property. 6. The limits of and procedure for the exercise of rights by owners and implementa- tion of guarantees of their protection shall be determined by law. 20. The following are the most relevant articles of the Land Code as they pertain to land use and acquisition: • Article 4 The right of the State to land shall be exercised by the Government of the Kyrgyz Republic throughout the entire territory of the Republic within jurisdiction established by this Code. State - owned land shall include lands allocated to state land users, lands of forest, water funds, lands of especially protected territories, lands of reserve stock, lands of frontier area, lands of the agricultural estate state fund, pastures of rural settlements, pastures in the zone of intensive use, as well as distant pastures, and other land not transferred in private or communal ownership. • Article 7 The use of a land plot may be open-ended (without indication of term) or fixed-term (temporary). A fixed-term (temporary) use of the land plot, including land use based on a lease agreement, is one limited up to 50 years. After expiration of this period, the period of use of the land plot may be prolonged subject to the agreement of the parties Agricultural land of the agricultural estate state fund shall be leased out as a rule for the period of not less than 5 years. • Article 35 The owner of a land share or a land user has the right to transfer his full or part of his right to other natural or legal person without any permission from public bodies un- less otherwise provided by this Code, other legislative acts of the Kyrgyz Republic or conditions of allocation of a land plot. At transferring the right to a land share by the owner or a land user to other natural or legal person size of payment for a land share is defined by an agreement of parties. • Article 56 In cases stipulated by the present Code and other legislation the authorized body has the right to establish compulsory easement on demand of the interested person. Compulsory easement can be established for providing: 1) access to a land share if another access is impossible, extremely complicated or requires disproportionate charges; 2) construction and operation of transmission lines, communication, provi- sion of water and heat supply, melioration and other needs that cannot be provided without an establishment of compulsory easement. Page | 6 • Article 57 Losses, caused to the owner or the land user of a land share by the establishment of compulsory easement, are subject to compensation by the person in whose interests the easement is established. • Article 68 Acquisition of a land share for public needs can be effected on the basis of a contract between the authorized body and the owner of a land share or the land user. In case of disagreement of the owner of a land share or the land user with acquisition or its conditions the authorized body has the right to appeal to the court in two-month term with a claim of chargeable acquisition of a land share from the moment of reception of refusal. Compensation for the land share will reflect market cost of the right to a land share and buildings and constructions, and also losses caused to the owner or the land us- er related to the termination of the right to a land share, including losses concerned with a pre-schedule cessation of obligations before third parties at determination of the redemption price. 2.2.3. World Bank Policy on Involuntary Resettlement 21. The World Bank’s safeguard policy on Involuntary Resettlement – OP 4.12 (December 2001) revised on April 2013 – seeks to ensure that impoverishment risks due to involuntary resettlement are addressed and minimized. 22. The overall objectives of the World Bank's policy on involuntary resettlement are: (a) Involuntary resettlement should be avoided where feasible, or minimized, ex- ploring all viable alternative project designs. (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing suffi- cient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing re- settlement programs. (c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project im- plementation, whichever is higher. Page | 7 23. The policy covers direct economic and social impacts that result from (a) the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected ar- eas resulting in adverse impacts on the livelihoods of PAPs. 24. Where impacts on the entire displaced population are minor (fewer than 200 people are displaced)2, an abbreviated resettlement plan may be prepared. For projects causing significant resettlement (more than 200 people are displaced), a full resettlement plan is required. The resettlement plan will include measures to ensure that the displaced persons are informed about their options and rights pertaining to resettlement; consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and pro- vided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. The policy requires that in the reset- tlement planning process: • Displaced persons and their communities, and any host communities receiving them, are provided timely relevant information, consulted on resettlement options, and of- fered opportunities to participate in planning, implementing, and monitoring resettle- ment activities. Appropriate and accessible grievance mechanisms are established for these groups; • In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar re- sources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder); • Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and re- settlers’ preferences with respect to relocating in pre-existing communities and groups are honored. 2 Impacts are considered "minor" if the affected people are not physically displaced and less than 10% of their productive as- sets are lost. Page | 8 25. To achieve the objectives of the policy, World Bank requires that particular attention be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, or other displaced persons who may not be protected through national land compensation legislation. 2.3. Comparison of Kyrgyz Republic and World Bank Policy Requirements 26. Differences between Kyrgyz Republic Law (Land Code) and World Bank’s policy are outlined in Table 2.1 below. Table-2.1: Comparison of Kyrgyz Law and World Bank Policy Provisions of Kyrgyz Republic’s World Bank’s Policy on Involuntary Resettlement Land Code Compensation for acquired land on- Lack of formal title to land will not be a bar to PAPs ly for titled landowners, those with from entitlements, those people without legal title to formal land use shares, or holders of land and/or structures occupied or used by them are customary rights. entitled to various options of resettlement assistance, provided they cultivated/occupied the land before the eligibility cut-off date. Consultation with PAPs or communi- PAPs are to be fully informed and consulted on com- ties in respect of land or asset con- pensation, entitlements and resettlement options incl. fiscation not relocation sites. Includes consultation, participation, required information dissemination campaigns, and opportuni- ties to participate in monitoring. Resettlement plans to be developed and prepared in consultation with PAPs and other stakeholders. Grievance redress mechanisms are to be established. Requirement for gender specific consultation and information disclo- sure. Land compensation is at replace- Land for land as a priority, with replacement land to ment rates through provision of land be acceptable to PAPs and to be of same size and for land or in cash. Normative land productive capacity. If suitable land cannot be found, prices are established through coef- compensation in cash, or a combination of land and ficients. No reference as to whether cash, at current market value without deduction of the there are deductions. costs of any transaction (administrative charges, tax- es, registration or titling costs), or depreciation Compensation for other assets The amount of cash or kind needed to replace an as- (structures, crops and trees and set in its existing condition, at current market price business income) is at replacement without deduction of the costs of any transaction cost. No provision for severe im- (administrative charges, taxes, registration or titling pacts or vulnerable PAPs. Does not costs), depreciation or for any material salvaged. In- provide for transportation and transi- cludes provision of transfer or relocation allowances tion expenses/costs. At infrastructure planning stage, Any land acquisition and resettlement is to be avoid- proposals for acquisition of agricul- ed, or if it cannot be avoided, it should be minimized tural or high-yielding land by exploring all viable options. Page | 9 Provisions of Kyrgyz Republic’s World Bank’s Policy on Involuntary Resettlement Land Code discouraged when other land is available. No provision for income/livelihood Requires rehabilitation for income/livelihood, for se- rehabilitation measures, allowances vere losses, and for expenses incurred by the PAPs for severely affected PAPs and vul- during the acquisition or resettlement process. In- nerable groups, or resettlement cludes provision of transfer or relocation allowances, expenses. subsistence allowances, technical and financial sup- port for crop or production intensification of diversifi- cation, training for alternative employment, creation of jobs, linking with existing livelihood development or poverty alleviation projects in the area. Requires spe- cific measures to improve the status of the poor and vulnerable, incl. strategies to create new income op- portunities. Includes restoration of access to public facilities and infrastructure, cultural property and common property resources. 27. In principle, the Land Code of Kyrgyz Republic and World Bank Policy both adhere to the objective of compensation at replacement cost, but Kyrgyz law does not provide for rehabilitation and in practice this has been left to ad hoc arrange- ments taken by project proponents in order to meet international donor re- quirements. To clarify these issues and reconcile eventual gaps between Kyr- gyz law and World Bank Policy, this RPF has been drafted for the Project, en- suring compensation at replacement cost of all items, the rehabilitation of non- titled people and informal settlers, and the provision of subsidies or allowanc- es for PAPs that may be relocated, suffer business losses, or may be severely affected. 28. The main provisions affording reconciliation of the differences between Land Code and World Bank Policy includes: • Any PAPs, regardless of title or not, will be entitled to compensation (for structures, crops and trees) and rehabilitation measures under the project. This includes land- less people using land and squatters; • PAPs and affected communities will be consulted on options and any impacts of land acquisition and resettlement; • If land for land compensation is not technically or sociably feasible, compensation will be in cash at full replacement cost at current market value; • Compensation for any other assets affected (structures, crops and trees, as well as business/income loss) will be in cash or kind at full replacement cost at current mar- ket value. Vulnerable and poor PAPs will be entitled to additional measures as rele- vant, and gender issues will be addressed; • Maintenance works will avoid or minimize, as far as possible, the need for land ac- quisition and resettlement; and Page | 10 • The RPF includes measures for severely impacted PAPs and requires that any RP prepared for the project include all costs related to rehabilitation and/or livelihood res- toration. Page | 11 CHAPTER 03: INSTITUTIONAL ARRANGEMENT 3.1. Institutional setup 29. Several agencies and parties will be involved in LAR Interdepartmental Commission. IPIG under direct control of MoTC, will act as an agency responsible for LARP. Local administration and Project Supervision Consultant will assist to IPIG in LARP. Their role is described in the text below; figure- 3.1 describes the institutional setup and table-3.1: describe the functions of the different agencies/parties involved in preparation, implementation and monitoring of LARPs necessary for each sub-projects/project. 3.2. Ministry of Transport and Communication 30. As the executing agency MoTC has overall responsibility on the preparation and imple- mentation of LARPs project roads as selected for improvement under the pro- ject. Specific management of resettlement tasks has been assigned to the IPIG. Within the IPIG issues related to safeguards (including resettlement, en- vironment and social assessment) are assigned to a Safeguards Unit com- posed by four officers. The Safeguards Unit is tasked with the management of all activities related to RP preparation and implementation, including supervi- sion and coordination of the impacts surveys, hiring and supervising of the in- dependent asset valuator, RP disclosure, management of public consultation, grievance redress, compensation agreements signing, RP implementation monitoring, and distribution of compensation payments. In project areas MoTC will manage RP tasks thorough the Roads Maintenance Unit (RMU) at Rayon level and the Roads Management Service (RMS) at Oblast level. 3.3. LAR Interdepartmental Commission 31. Appropriate ministries/agencies and local authorities will be involved in the Interdepart- mental Commission for the assessment of assets of household which will be located in the ROW. Page | 12 3.4. Supervision Consultants and Independent Assets Valuator 32. The supervision consultant’s team comprising an international resettlement specialist, one local surveyor and one local resettlement specialist, will carry out the De- tail Measurement (DMS) and Census surveys, the AP census and the socio- economic survey. The affected assets will be evaluated/valuated by a certified independent asset valuator. The results of the surveys and of the valuation would be sent to the State Expertise Department at the State Construction of the Kyrgyz Republic for further consideration and disclosure. 3.5 Civil Society 33. One local NGO will be tasked with the External Monitoring of RP implementation and monitoring with close coordination to and necessary support from the Griev- ance Redress Group. Figure-3.1: Institutional Setup Page | 13 34. Table-3.1: describe all agencies and their responsibilities Table-3.1: Agencies and their responsibilities SL Agencies Responsibilities 1 World Bank • Guidance for RP preparation • Approval of RP • Disclosure of RP on World Bank website • Issuance of no objection letter for resumption of non-essential civil works. 2 Government of Kyrgyz • Approval of RP and its budget Republic • Decision to allocate government budget for RP im- plementation 3 MoTC • Overall RP responsibility 4 IPIG • Consultations with APs • Preparation of RP • RP disclosure • Compensation agreement with APs • Implementation of RP • Preparation of RP implementation progress report and completion report 5 Grievance Redress • Resolve grievance during implementation of this RP Group 6 Inter-departmental • Review/approval of Identification of impacts surveys Commission and AP census • Consultation of APs • Approval of assets valuation • Supervision of RP preparation and implementation 7 Ministry of Finance • Budget allocation 8 Independent evaluator • Valuation of affected assets 9 Consultants • Execution of impacts surveys and socio economic surveys. • Acting as LPC 10 NGOs • Participation in consultations • External monitoring • Assistance to GRG and APs for grievance redress Page | 14 CHAPTER 04: SCREENING, RESETTLEMENT PLAN PREPARATION AND IMPLEMENTATION 4.1 Screening Resettlement Impacts 35. Sub-project screening is used to identify the types, nature and magnitude of potential resettlement impacts that are likely under the Project, and to provide ade- quate measures to address these impacts which ensure that potential PAPs are: • Informed about their options and rights pertaining to resettlement; • Included in the consultation process and given the opportunity to participate in the selection of technically and economically feasible alternatives; and • Provided with prompt and effective compensation at full replacement cost for losses of land, assets, or access to assets and livelihoods as a result of sub-project works. 36. The screening checklist is provided in Appendix 1. A screening form will be prepared for each road section/sub-project put forward for financing under the Project. The checklist will be completed by the EA, assisted by the project implementation team. Each screening form will be reviewed and cleared by World Bank. World Bank will advise (i) whether an additional assessment should be carried to avoid or reduce the physical or economic displacement; or, (ii) whether the conclusion of the sub-project screening is based on sufficient evidence for recommendations proposed. The World Bank will confirm the best course of action. For any sub-project that will create resettlement impacts, a draft RP that conforms to this RPF and has been satisfactorily implemented is a condi- tion of sub-project construction. Where impacts on the entire population of PAPs are determined to be minor (i.e. PAPs are not physically displaced and less than 10% of their productive assets are lost), or fewer than 200 PAPs are affected, an abbreviated plan will be prepared. Where impacts are significant, a FULL resettlement plan will be prepared. Page | 15 4.2. Procedure for Resettlement Plan Preparation 37. For each road section or subproject requiring a RP, social impact assessment surveys based on either an inventory of losses (IOL) or detailed measurement survey (DMS)3 and census. The IOL or DMS, covering the type of information indi- cated in Table 4.1, will be completed for all PAPs/PAHs losing land or assets or losing access to land or assets under the Project, i.e. coverage of the IOL or DMS will be 100% of PAPs/PAHs. Table 4.1 – Data to be captured in IOL/DMS Data about PAPs/PAHs Data on land and assets affected • Total number of PAPs/PAHs; • Map of the area and villages affected by • Demographic information of PAH mem- land acquisition; bers including; who the household head • Total land area (by type) acquired; is, gender, • Land type, use and ownership arrange- number, age, language group/ethnicity, ments; education, literacy, religion, any vulnera- • Assets lost (by type and number) bilities; • Existing community facilities and • Livelihood and economic activities of all infrastructures; and members of PAHs; • Cultural resources, traditional systems • Income sources and regularity of income; and special sites • Land tenure and use; • Socio-economic production systems and use of natural resources; • Inventory of all property and assets af- fected; • Inventory of common property resources used (if any); and • Social networks and social organization 38. The entitlement matrix in this RPF (provided in Table 5.1) will be used, and the IOL or DMS will enumerate each PAP/PAH by identifying their location (sub-village, village, sub-district and district), the area and type of land affected (and total land holding of PAP), the type, size and use of any other assets affected (physical and non-physical), community property affected, and the compensa- tion for each type of loss. 39. The RP will also include measures to ensure that socio-economic conditions, needs, and priorities of women are identified, and to ensure that land acquisition and resettlement does not disadvantage women. 3 An IOL or DMS is dependent on the level of design available. An IOL is usually undertaken based on preliminary design while a DMS is usually undertaken based on detailed design and demarcation of the extent of impact on the ground. Any plans pre- pared on the basis of an IOL will be updated following detailed design through the completion of a DMS. Page | 16 40. The RP will include a budget for implementation identifying where the funds will come from and an implementation schedule linked with the design and civil works. Construction civil works will not commence until compensation has been paid to PAPs. Compensation will be determined based on the assessment of an certified independent asset valuator, prevailing market rates, and discussion with district administrations, with additional grants as required, to ensure re- placement value at current market rates. 41. For each sub-project requiring an RP, the following steps should be followed: 42. Step 1: A screening checklist (Appendix 1) will be completed. If it is determined a plan (short or full) is required, steps 2 through 5 will be followed. 43. Step 2: An IOL or DMS will be carried out for each sub-project requiring land acquisition or resettlement. An IOL/DMS form will be prepared by the project implementa- tion consultant for use in any sub-projects requiring RPs. The IOL/DMS form will be used to gather socio-economic data of the APs and the measurement of type and level of loss. The IOL/DMS will be carried out with participation of PAPs (preferably the head of the PAH or their spouse) and/or with the attend- ance of Village Head (or other leaders). 44. Step 3: Analysis of the IOL/DMS data - information on market prices for land, crops, trees and other assets need to be collected through discussions with the PAPs as well as from respective district and village authorities, and also local markets, so that the cost estimates for the RP can be prepared. The budget for the sub-project RP will be prepared based on the compensation unit rates that are sufficient to reflect replacement cost at current market value of all af- fected assets. 45. Step 4: Preparation of a draft ABBREVIATED plan if impacts are not significant and less than 200 APs are affected or a draft FULL plan if impacts are significant and more than 200 APs are affected. The contents of ABBREVIATED and FULL plans are described in Appendix 2. 46. Step 5: During RP preparation APs and other stakeholders will be consulted. Comments and suggestions relevant to sub-project design and compensation and reset- tlement options will be incorporated into the draft RP, which will be made available. This process will be fully documented in the RP. The draft RP can be presented at public meetings in each subproject location and/or made available, in a form and language that PAPs can properly understand, at dis- trict and village administration offices, the RP will also be uploaded to World Bank’s Infoshop and web-site. Page | 17 47. The DMS process is a participatory process involving the PAPs, with the following pro- cedures established for the project: • IPIG informs the PAPs in advance of the DMS schedule, and provides them with clear information about the project, the rights and entitlements of PAPs and the pro- cedures for the DMS and payment of compensation; • In cases where PAPs are unavailable for the DMS, the IPIG staff will make three call- backs to collect data from PAPs. The IPIG staff will attach the callback reports to the DMS Form; • Once the DMS survey has been completed with the cooperation of PAPs, the PAPs and the IPIG staff undertaking the DMS will sign the DMS Form containing infor- mation on the rate and nature of the compensation; • If a PAP disagrees with the results or compensation rates and the matter cannot be settled during the DMS survey, he/she can address his/her grievances through the Grievance Redress Groups (GRG) will be established by the project. The establish- ment of grievance redress mechanism (GRM) is discussed in Chapter-8. • The DMS and subproject compensation chart or summary/list of all PAPs will be pre- pared by the IPIG/consultants and will be submitted to MoTC. 4.3. Review and Approval of Plans 48. As required, RP preparation activities will be initiated as part of the preparation/design of each road section. The IPIG with assistance from the design and supervision consultant will be responsible for preparing the resettlement checklist and RP if required. Following the completion of detailed design each RP will be re- viewed and if necessary updated prior to its implementation. 49. RPs will require updating during the subproject civil works if there are design changes during construction that will result in changes to resettlement impacts. Amended RPs must also be submitted to World Bank for approval. 50. The project supervision consultant will have both international and national resettlement capacity sufficient to assist IPIG/MoTC to cover all land acquisition and reset- tlement planning and implementation needs for each road section/subprojects as they are prepared and implemented. 51. World Bank will provide capacity to the Republic of Kyrgyz Republic’s Resident Mission in Bishkek for the review and approval of ‘Category B’ RPs, while ‘Category A’ Page | 18 RPs will be reviewed and approved at World Bank headquarters in Washing- ton DC. 4.4 Vulnerable Groups 52. As long as the impacts of a subproject are limited to land acquisition and resettlement effects affecting single social units the adaptation to be undertaken will be es- sentially the production of a culturally appropriate and sensitive RP. 53. Special attention will also be given to identifying and addressing the needs of disadvan- taged groups such as the landless, the poor, female-headed households, the elderly, and the disabled, through measures included in the resettlement plan to try and improve (over and above restoration of) their livelihoods. 4.5. Gender Impact and Mitigation Measures 54. Women hold important economic roles in project areas and engage in a very wide range of income generating activities in the agricultural and marketing sector. The project will pay particular attention to ensure that women are the recipients of the compensation pertaining to their activities and to ensure that women who are household heads are clearly listed as beneficiaries of compensation and rehabilitation proceedings under the loan. In order to ensure the above the fol- lowing actions will be considered: • Inclusion of women as impact enumerators; • Conduction of gender-disaggregated DMS/census to pinpoint how many women are likely to be affected by the subproject and establish their pre project conditions; • Inclusion of women as major participants in the consultation processes; • Emphasize the effect of land acquisition and resettlement impacts on women in monitoring and valuation of RP; • Provision to women and poor households of training for new employment opportuni- ties; • Joint registration of land use rights in the names of husband and wife in instances where households are allocated alternative agricultural and/or residential land; • Use of participation/consultation strategies that encourage the involvement of wom- en, and poor households in resettlement planning and implementation; • Emphasis will be given to complaints/grievances lodged by women or poor house- holds; • Give access of women and poor households to project related employment opportu- nities; and • Include female government officials in the coordinating committees established to fa- cilitate RP preparation and implementation. Page | 19 CHAPTER 05: POLICY FRAMEWORK AND ENTITLEMENTS 5.1. Project Affected People – Eligibility 55. The RPF stipulates eligibility and provisions for compensating all types of losses (land, crops/trees, structures, business/employment, and workdays/wages). All PAPs and project affected households (PAHs), including non-titled or informal dwellers, will be compensated for lost assets (crops, structures, trees and/or business losses) and they will receive (i) compensation (as required, to match replacement value), and / or (ii) replacement land, structures, seedlings, other resettlement assistance such as shifting allowance, assistance with rebuilding structures, compensation for loss of workdays/income. 56. The criteria for eligibility is based on PAPs belonging to one of three groups: (a) those who have title or formal legal rights to land; (b) those who do not have formal legal rights to land at the time of the IOL/DMS or census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the RP4; and, (c) those who have no recognizable legal right or claim to the land they are occupying (i.e. non-titled users or informal settlers). 57. The PAPs who are entitled to compensation under the Project include: • Persons whose houses or structures are in part, or in total, affected temporarily or permanently by the Project; • Persons whose residential or commercial premises and/or agricultural land (or other productive land) is in part, or in total, affected (permanently or temporarily) by the Project; • Persons whose businesses are affected in part, or in total, (temporarily or perma- nently) by the Project; • Persons whose employment or hired labor is affected, temporarily or permanently, by the Project; • Persons whose crops (annual and perennial) and/or trees are affected in part, or in total, by the Project; • Persons whose access to community resources or property is affected in part, or in total, by the Project. 4 This includes people who have not yet completed registration and who are considered as "legalizable" users (this will be identified as a form of land tenure in the IOL), they will be entitled to compensation as if they are le- gal/titled owners of land. The RPs prepared will establish that continued facilitation of the registration process will be undertaken as part of livelihoods/wellbeing restoration under the Project’s resettlement process. Page | 20 58. Where land is to be acquired outside of, owners (titled or legalizable PAPs) will receive compensation for land acquired by the Project at replacement cost and this will be in cash at replacement value or land-for-land (of equal size and/or pro- ductive value and be satisfactory to the PAP). Non-titled PAPs are not eligible for compensation for land but will receive compensation for assets attached to land and other assistance as required (especially in the case of poor or vul- nerable PAPs). 59. Households headed by single women with dependents and other vulnerable households will be eligible for further assistance to fully mitigate project impacts. Table 5.1 below presents the Project’s entitlement matrix, based on potential losses. 60. Compensation eligibility will be limited by a cut-off date to be set for each subproject on the stating day of the PAP census and impact assessment. PAPs who settle in the affected areas after the cut-off date will not be eligible for compensa- tion. They, however will be given sufficient advance notice, requested to va- cate premises and dismantle affected structures prior to project implementa- tion. Their dismantled structures will not be confiscate and they will not pay any fine or sanction. Forced eviction will only be considered after all other ef- forts are exhausted. 5.2. Compensation Entitlements 61. Entitlement provisions for PAPs losing land, houses, assets, income, and rehabilitation subsidies, will include provisions for permanent and temporary land losses, house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. 62. These entitlements are detailed below: • Agricultural land impacts will be compensated at replacement value in: (i)cash at current market rates or (ii) through replacement land equal in value/productivity to the plot lost5.When >10% of an PAP’s income or agricultural land is affected, PAP (own- ers, leaseholders and sharecroppers) will get an additional allowance for severe im- pacts equal to the market value of a year’s gross yield of the land lost (inclusive of both winter and summer harvest). The PAP will not be liable for any eventual trans- action taxes/fees, these will be paid by the implementing agency or waived by local governments; 5 Market rates will be assessed through an appraisal of prevalent land prices in subproject areas. This assessment will be car- ried out in association with local government financing institutions. Page | 21 • Residential/commercial land will be compensated at replacement value either (i) in form of land for land or, (ii) cash at current market rates free of deductions for trans- action costs; • Houses, buildings, structures will be compensated in cash at replacement cost without any deductions for depreciation, salvaged materials, or transaction costs. The compensation for houses/buildings will include the cost of lost water and electricity connections; • Trees: Cash compensation shall reflect income replacement; • Crops: Cash compensation at current market rates for the net harvest actually lost being as it may the winter, the summer crop, or both. Crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements; • Businesses: compensation for permanent business losses will be in cash for a 1- year income based on tax declaration or, if unavailable, based on the official mini- mum salary; compensation for temporary business will be cash covering the income of the interruption period based on tax declaration or, unavailable, official minimum salary; • Business workers and employees: Indemnity for lost wages for the period of busi- ness interruption up to a maximum of three (3) months. • Agricultural land leaseholders and workers: Affected leaseholders will receive ei- ther a renewal of the lease in other plots or cash corresponding to the yearly yield of land lost for the remaining years of the lease up to a maximum of 3 years. Share- croppers will receive their share of harvest at market rates (if impact is temporary) plus 1 additional crop compensation (if the land is lost permanently). Agricultural workers, with contracts to be interrupted, will get an indemnity in cash corresponding to their salary in cash and kind for the remaining part of the agricultural year (inclu- sive of both winter and summer crop) • Residential land renters/leaseholders and house renters: who have leased land and/or a house for residential purposes will be provided with a cash grant of three (3) months’ rent at the prevailing market rate in the area and will be assisted in identify- ing alternative accommodation; • Relocation subsidy: PAPs forced to relocate will receive a relocation subsidy suffi- cient to cover transport costs and living expenses for one month; • Assistance for vulnerable people: Vulnerable people (as defined in the Glossary of Terms) will be given priority in employment in project-related jobs. In addition to the Page | 22 compensation of lost land and assets to social benefits will be paid, to cover the cost of living. Participation in the programs of income recovery. 63. The entitlement matrix is provided in Table 5.1. Table-5.1: Entitlement Matrix Asset Specification Affected People Compensation Entitlements Permanent All land loss- Farmer/Titleholder Land for land compensation with plots impact on es Legalizable of equal value and productivity to the Arable Land independently plots lost; or; Cash compensation for from impact affected land at replacement cost severity based on market value free of taxes, registration, and transfer costs Leaseholder Renewal of lease in other plots of (registered or not) equal value/productivity of plots lost, or Cash equivalent to market value of gross yield of affected land for the re- maining lease years (up to a maximum of 3 years). Permanent Agricultural Cash indemnity corresponding to their impact on workers losing their salary (including portions in kind) for Arable Land contract the remaining part of the agricultural year. Nontitled/ 1 rehabilitation allowance equal to Squatters market value of 1 gross harvest (in ad- dition to crop compensation) for land use loss. Additional Farmer/Titleholder 1 severe impact allowance equal to provisions for Legalizable market value of gross harvest of the severe im- Leaseholder affected land for 1 year (inclusive of pacts winter and summer crop and additional (More than to standard crop compensation) 10% of land Non titled/ 1 severe impact allowance equal to loss) Squatters market value of gross harvest of the affected land for 1 year (inclusive of winter and summer crop and additional to standard crop compensation) Residential/ Land loss Titleholder Land for land compensation through Commercial provision of a plots comparable in val- Land ue/location to plot lost or cash com- pensation for affected land at full re- placement cost free of taxes, registra- tion, and transfer costs Renter/Leaseholder 1-3 months allowance Squatters Accommodation in a government re- settlement area or a self-relocation al- lowance Houses and All relevant PAPs Cash compensation at replacement Structures (including rates for affected structure and other squatters) fixed assets free of salvageable mate- Page | 23 Asset Specification Affected People Compensation Entitlements rials, depreciation and transaction costs. In case of partial impacts full cash assistance to restore remaining structure. Crops Crops affect- All PAPs (including Crop compensation in cash at full mar- ed squatters) ket rate for one harvest (either winter or summer) and it will be paid both to landowners and tenants based on their specific sharecropping agreements Trees Trees affect- All PAPs (including Cash compensation shall reflect in- ed squatters) come replacement Business Temporary or All PAPs (including Business owner: (i) Cash compensa- Employment permanent squatters) tion equal to one year income, if loss is loss of permanent; (ii) cash compensation for business or the period of business interruption, if employment loss is temporary. Worker/employees: Indemnity for lost wages for the period of business interruption up to a maxi- mum of 3 months. Relocation Transport and All PAPs affected Provision of sufficient allowance to transitional by relocation cover transport expenses and liveli- livelihood hood expenses for one month. allowances Community Access shall be maintained or rein- resources stated; Rehabilitation/substitution of the af- fected structures/utilities (i.e. bridges, roads, schools, health-centers, etc.) Vulnerable PAPs below pov- Employment priority in project-related PAP liveli- erty line; jobs; hood disabled people; participation in income restoration pro- pensioners; grams; widows; in addition to compensation for assets female headed lost, a disturbance allowance set to be households; one year payment of the subsistence impoverished level; households; Unforeseen As required Any As required, in the spirit of the policy impacts framework Page | 24 CHAPTER 06: ESTABLISHING COMPENSATION RATES 6.1. Background 64. In effect, the Land Code says little on the subject of compensation measures in the event of compulsory acquisition. It simply states that if a land plot is withdrawn for state or public needs, another land plot may be allocated to the land own- er/user, subject to the owner/user’s consent, and the value of the right to it shall be credited to the redemption price. 65. In February 1998 the Government published the Resolution No. 66 “Passage of Regula- tions for Indemnification of Losses incurred by Agricultural Industry due to Withdrawal of Lands for Non-Agricultural Purposes. 66. These regulations (and subsequent resolution) determine the rules to be followed for indemnification of losses incurred by agricultural industry due to withdrawal of lands for non-agricultural purposes. 67. The following are the most relevant articles of the above mentioned resolution: • Article 3: Compensation for losses due to withdrawal of lands has to be paid to the previous land owner / user by the new one calculated per year and hectare as follows: 1.760 Kyrgyz Som (KGS) for irrigated arable land, 610 KGS for not irrigated arable land, 350 KGS for haying land and 90 KGS for pasture land (according to the resolution No. 310 of the Government of the Kyrgyz Republic dated 19th of May 2009). • Article 4: The total indemnification of losses incurred by agricultural industry due to withdrawal of lands shall be based on the actual duration of compulsory acquisition; in case of open-ended land use respectively transfer of ownership for a 99 years or 25 years respectively (according to the resolution No. 310 of the Government of the Kyrgyz Republic dated 19th of May 2009). • Article 5: The State Agency of the Government of the Kyrgyz Republic for Reg- istration of estate titles agreed with the Ministry of Finance to introduce cor- recting factors to the indemnification rules, which will reflect the change in cost of agricultural production and producer prices for wheat at the domestic market (according to the resolution No. 310 of the Government of the Kyrgyz Republic dated 19th of May 2009). Page | 25 68. Compensation for loss should be paid before implementation of Project. 69. Any disputes about the amount of compensation for losses or damages caused shall be settled either through the Project’s grievance redress process (described in Chapter-8) or in court/ state arbitration body. 70. The Government also has published a decree for approving the procedure for determin- ing costs for agricultural land, in cases of compensation for losses and dam- ages while acquiring land for public needs. 6.2. Assessment of Compensation Unit Values 71. Land for land as a priority, with replacement land to be acceptable to PAPs and to be of same size and productive capacity. If suitable land cannot be found, compen- sation in cash, or a combination of land and cash, at current market value without deduction of the costs of any transaction (administrative charges, tax- es, registration or titling costs), or depreciation. • Land shall be valued at replacement cost based on a land sales survey in the year before the impact survey. No deductions for taxes/transaction costs will be applied; • Houses/buildings will be valued at replacement value based on cost of materials, type of construction, labor, transport and other construction costs. • No deductions will be applied for depreciation, salvaged materials and transaction costs; • Annual crops will be valued at net market rates at the farm gate for the first year crop. In the eventuality that more than one-year compensation is due to the PAPs the crops after the first will be compensated at gross market value; • Fruit trees will be valued based on age category (a. seedling; b. not yet productive; c. productive). Productive trees will be valued at gross market value of 1 year income x the number of years needed to grow a new tree with the productive potential of the lost tree 6.3. Provision of Land for Land Compensation 72. When land for land is the chosen land compensation option the RP will locate on map the replacement plots and will identify the associated technical features need- ed for the case such as roads, drainage, irrigation (for agricultural land), sani- tation, water supply and electricity (for residential land) and relative site- preparation costs. The relocation will be carried out keeping in view the socio- Page | 26 cultural and religious profiles of PAPs and host communities and by minimiz- ing as much as possible the distance between the new and the old plots. 6.4. Resettlement Budget and Financing 73. All land acquisition and resettlement preparation and implementation costs, including cost of compensation and land acquisition administration, will be considered an integral part of subproject cost. Each RP will include a budget section indi- cating (i) unit compensation rates for all affected items and allowances, (ii) methodology followed for the computation of unit compensation rates, and (iii) a cost table for all compensation expenses including administrative costs and contingencies. 74. Finances for compensation, allowances, and administration of RP preparation and im- plementation will be provided by the Government as counterpart funds. Costs for external monitoring tasks can be allocated under the loan. In order to en- sure that sufficient funds are available for land acquisition and resettlement tasks, the government will have to allocate 100 per cent of the cost of com- pensation at replacement cost and expected allowances estimated in each RP plus a five per cent contingency before RP implementation. 75. Being the project owner, MoTC is responsible for the timely allocation of the funds needed to implement the RPs. Allocations will be reviewed twice a year based on the budget requirements indicated by the RPs. Page | 27 CHAPTER 07: CONSULTATION, PARTICIPA- TION AND DOCUMENTS DISCLOSURE 7.1. Introduction 76. Oblast, rayon, and Ayil-okmotus officials will be informed about the project, and their assistance will be solicited in the conduct of the inventory of affected assets and the census of PAPs. Also, prior to the finalization of the RP, and its sub- mission by IPIG, PAPs will be thoroughly informed on the results of the cen- sus and inventory of impacts, and their preferences on compensation and/or other resettlement assistance will be given due consideration. The processes and mechanisms ensuring the active involvement of PAPs and other stake- holders will be detailed in the RPs which will also include an appendix with date, list of participants, and minutes of consultation meetings. 7.2. Objectives of Public Information and Consultation 77. Information dissemination to PAPs and involved agencies is an important part of RP preparation and implementation. Consultation with PAPs and ensuring their active participation will reduce the potential conflicts and minimize the risk of project delays. To ensure that local authorities, as well as representatives of PAPs, will be included in the planning and decision-making processes. IPIG/MoTC will continue a dialogue with district and village authorities and NGOs, as relevant, during subproject implementation and ensure: • To fully share information about the proposed subproject components and RP ac- tivities with the PAP; • To obtain information about the needs and priorities of PAPs, as well as receiving information about their reactions to proposed policies and activities; • To ensure that PAPs are fully informed about the decisions that will directly affect their incomes and living standards, and that they will have the opportunity to par- ticipate in activities and decision-making about issues that will directly affect them; • To obtain the cooperation and participation of the PAPs and communities in activ- ities necessary for resettlement planning and implementation; • To ensure transparency in all activities related to land acquisition and resettle- ment Page | 28 7.3. Consultation during RP Preparation and Implementation 78. Public consultation and participation plan will be included in the Project to involve the stakeholders, especially the people either directly benefiting from, or affected by, the subprojects, through participation in the design, implementation, and monitoring of the subprojects. All communications will be in the language most appropriate for involved parties in the project region. During RP prepara- tion and implementation, IPIG, with assistance as required from the project supervision consultant, will undertake the following: • Conduct information dissemination and consultation for all PAPs, NGOs and other stakeholders; • Establish the rates/unit prices to be used as the basis of compensation awards, and con- firm land acquisition and impact on properties through the IOL/DMS/census and demar- cation, in consultation with PAPs; • A survey (as part of the IOL/DMS) to (a) inform them about possible resettlement op- tions; (b) request information from PAPs about their preferences and choices of reset- tlement options; and, (c) request that PAPs indicate services such as educa- tion/health/markets that they are currently using and their distance from such services; • Consultation regarding PAPs preferred option for livelihood stabilization and/or rehabilita- tion assistance (where required). This applies to PAPs experiencing significant impacts and vulnerable PAPs. 7.4. Public Information Booklet 79. To ensure that PAPs, their representatives, and local government agencies in sub- project areas fully understand the details of the RP process, and are also in- formed about the compensation and rehabilitation packages applicable to the Project, a Public Information Booklet (PIB) will be prepared by the consultant for each section/subproject requiring a RP. 80. This PIB will be distributed to all PAPs and communities in the subproject area. The PIB will be translated into Kyrgyz and Russian (and other languages as required). The general contents of the PIB will include the following: • Brief description of the project, implementation schedule; • Project impacts, entitlements and rights of PAPs; • Resettlement and rehabilitation policies for all types of impacts; • Institutions responsible for resettlement and time-frame (schedule); • Information dissemination to and consultations with PAPs and stakeholders; • What to do if PAPs have a question or a problem; • Outline of the grievance redress procedure; and • Requirements for monitoring and evaluation, including independent monitoring. Page | 29 7.5. Disclosure 81. In addition to the PIB, this RPF (or its summary), RPs (or their summary) and overall implementation schedule will be posted in affected villages and the MoTC central and regional/oblast offices. These postings will be updated whenever adjustments to the RF or RPs are made. Any amendments to RPs will also be disclosed to PAPs (including DMS, detailed asset valuations, entitlements, and special provisions, grievance procedures, timing of payments and imple- mentation schedule) before submission to World Bank for review and approv- al. 82. These activities will continue throughout the implementation of the subproject. There will also be press releases to print and electronic media prior to advise of the commencement of the consultation process 83. This RPF will be translated into Kyrgyz and Russian and will be disclosed to the PAPs; The RF and RPs in English will be posted on the World Bank website and made available through Infoshop after endorsement by the MoTC. Page | 30 CHAPTER 08: GRIEVANCE REDRESS MECHANISM 8.1. Objectives 84. Grievance redressing mechanism will be established to allow APs appealing any disa- greeable decision, practice or activity arising from implementation of RPs. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, time of compensation and implementation of the project. Care will always be taken to prevent grievances rather than going through a long redress process. 85. The GRM will cover issues related to social, environmental and other safeguard issues under the Wold Bank Safeguard covenants and Kyrgyz Law. 8.2. Grievance Redress Group (GRG) 86. The GRG will be established for the duration of project implementation. The GRG is tasked with all activities needed to discuss a grievance, assess its validity, as- sess the scope of eventual impacts, decide eventual compensation needed and instruct/facilitate the functioning of the grievance redress mechanism. It will consist of representatives of the IPIG, consulting companies, road admin- istration and maintenance units, local authorities, PAP’s and NGO’s. 87. GRG is for individuals and their communities, for local people and representatives of civil society, located in projects area. 88. Assessment of received complaint is tasked to local authorized person or to responsible point of GRG on local level. 8.3. Local Authorized Person 89. Local Authorized Person - a person who is officially assigned to perform and timely re- sponses to complaints and petitions received from individuals and their com- munities. 90. After the registration of complaint an authorized person to the applicant explains the grievance redress process. Page | 31 91. After receiving the complaint or the local authorized person must to carry out a meeting with the person (or persons) within 3 working days and obtain documentary evidence confirming the complaint or petition. 92. The authorized person must consider the complaint or petition and make a decision on the issue with informing the complainer. 93. Local authorized person responsible for receiving and registration of complaints to the GRG, record keeping each registered a complaint. 8.4. Functioning of the GRG within the Grievance Redress Mechanism 94. The grievance redress mechanism (GRM) involves the following 2 stages appeals: Stage 1, Local Level 95. The grievances will be first lodged at the local level. The complainant will report his case to the Local authorized person (Assistant of engineer), who is nominated to GRG by MoTC. The LPC will trigger the action of the Grievance Redress Group (GRG) which will assess the situation and seek a solution through con- sultation with complainants, local Roads Maintenance Unit (RMU), IPIG, rep- resentatives of local government bodies and local NGO. After consultation with IPIG, the authorized person makes the final decision on submitted com- plaints and determines the eligibility of the complaint, as it notifies the appli- cant. In case the grievance is still not resolved at local level in the complaint or statement of claims, the relevant information is sent to the applicant and the regional level of GRG. Stage 2, Regional Level 96. In case that within 3 days the grievance is still not resolved at local level, the complain- ant with support of the local authorized person will further raise the issue to regional level. Regional level of GRG, which consists of representatives of the IPIG, road administration, local authorities, PAP’s and NGO’s, will timely look into the complaint, decide on the eligibility and on the complaint case. In case the grievance is still not resolved at regional level, the relevant information is sent to the applicant and the central level of GRG. Stage 3, Central Level 97. In case within additional 15 days the grievance is still not resolved at regional level, the relevant information by the applicant is sent to the central level of GRG. Cen- tral level of GRG together with representatives of IPIG decides on the eligibil- Page | 32 ity of the complaint, on ways how to resolve the issue. In case the grievance is still not resolved at central level, the relevant information is sent to the ap- plicant together with information on his rights to appeal in international organi- zations, including international financial institutions, finding specific project. 8.5. Technical Experts 98. As needed Once summoned to provide expert advice for the assessment or valuation of an impact claimed by a complainant the relevant technical expert will carry out the needed investigations and prepare a report to be handed to the complain- ant and the other members of the GRG. The tasks will include: • Provision of relevant technical opinion for the case reviewed; • Carry out the needed investigations relevant to their expertise; • Provide recommendation when the legal opinion from the relevant state agencies is necessary. 8.6. Grievance Resolution Process 99. The LPC of GRGs will be regularly available and accessible for APs to address con- cerns and grievances. He will assist the aggrieved APs in formally lodging their claims to the GRG. The complaints and grievances from the APs will be addressed through the process described below in table-8.3 Table-8.1: Grievance Resolution Process Steps Action level Process Timeline Step 1 Local Level The grievances will be first lodged at the local level. The complainant will report his case to the Local 3 days authorized person (Assistant of engineer), who is nominated to GRG by MoTC. The LPC will trigger the action of the Grievance Redress Group (GRG) which will assess the situation and seek a solution through consultation with complainants, local Roads Maintenance Unit (RMU), IPIG, representa- tives of local government bodies and local NGO. After consultation with IPIG, the authorized person makes the final decision on submitted complaints and determines the eligibility of the complaint, as it notifies the applicant. In case the grievance is still not resolved at local level in the complaint or statement of claims, the relevant information is sent to the applicant and the regional level GRG. Page | 33 Steps Action level Process Timeline Step 2 Central In case within additional 15 days the grievance is Level still not resolved at local level, the complainant with 15 days support of the local authorized person will further raise the issue to regional department of MoTC’s (representatives of IPIG). Regional level of GRG after consultations issues with representatives of IPIG will decide on the eligibility and on the com- plaint case. In case the grievance is still not re- solved at local level, the relevant information is sent to the applicant and the central level of GRG. Step 3 Central In case within additional 15 days the grievance is still Level not resolved at regional level, the relevant information 15 days by the applicant is sent to the central level of GRG – Office of IPIG, MoTC. Central level of GRG together with representatives of IPIG decides on the eligibility of the complaint, on ways how to resolve the issue. In case the grievance is still not resolved at central level, the relevant information is sent to the applicant togeth- er with information on his rights to appeal in interna- tional organizations, including international financial institutions, finding specific project. 100.The GRM will not restrict or influence the AP from applying to court for legal remedies or World Bank. The figure-8.1: shows grievance redress process flowchart. Figure-8.1: Grievance Redress Process flowchart Central GRG (15 days) Grievance Unre- solved Local GRG (15 days) Grievance Resolved Complain not settled Complain dicussed-1 No objection Complain settled (3 days) Affected People (AP) Page | 34 8.7. GRG Records and Documentation 101.IPIG of MoTC will maintain record of all complaints for regular monitoring of grievances and results of services performed by the GRGs, and for periodic review of Wold Bank. Page | 35 CHAPTER 09: MONITORING AND EVALUATION 9.1. INTERNAL MONITORING 102.Internal monitoring will be carried out routinely by the IPIG, the results will be communi- cated to World Bank through the project implementation progress reports, on a quarterly basis. Indicators for the internal monitoring will be those related to process and immediate outputs and results. This information will be collected directly from the field and reported monthly to the IPIG to assess the progress and results of RP implementation, and to adjust the work program, if neces- sary. The monitoring reports will be consolidated in the standard supervision reports to World Bank. Specific monitoring benchmarks will be: • Information campaign and consultation with PAPs; • Status of land acquisition and payments on land compensation; • Compensation for affected structures and other assets; • If required, relocation of PAPs; • Payments for loss of income; • If required, selection and distribution of replacement land areas; and • Income restoration activities 103.The above information will be collected by the resettlement staff of IPIG and resettle- ment specialists on the project supervision consultants’ team who are respon- sible for monitoring the day-to-day resettlement activities of the project through the following methods: • Review of census information for all PAPs; • Consultation and informal interviews with PAPs; • Sample survey of PAPs; • Key informant interviews; and • Community public meetings 9.2. External Monitoring 104.External monitoring will be carried out twice a year, and its results will be communicated to the IPIG and World Bank through semi-annual reports. Subprojects with an implementation timeframe of less than six months will be monitored only once. Indicators for external monitoring include: Page | 36 • Review and verify internal monitoring reports prepared by IPIG; • Review of the socio-economic baseline census information of PAPs; • Identification and selection of impact indicators; • Impact assessment through formal and informal surveys with the affected persons; • Consultation with PAPs, officials, community leaders for preparing review report; and • Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning. 105.The IMA will also assess the status of project affected vulnerable groups such as female headed households, disabled/elderly and families below the poverty line. The following will be considered as the basis for indicators in monitoring and eval- uation of the project: • Socio-economic conditions of the PAPs in the post-resettlement period; • Communications and reactions from PAPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; • Changes in housing and income levels; • Rehabilitation of squatters; • Valuation of property; • Grievance procedures; • Disbursement of compensation; and • Level of satisfaction of PAPs in the post resettlement period. 106.The IMA will carry out a post-implementation evaluation of the RP about a year after completion of its implementation. The compelling reason for this study is to find out if the objectives of the RP have been attained or not. The benchmark data of socioeconomic survey of any severely affected PAPs conducted dur- ing the preparation of the RP will be used to compare the pre and post project conditions. The IMA will recommend appropriate supplemental assistance for the PAPs should the outcome of the study show that the objectives of the RP have not been attained. 9.3. Training in ‘RP’ implementation 107.All concerned staff within IPIG involved in the land acquisition and resettlement activi- ties, including officials of local government, and NGO staff will be provided training in World Bank resettlement policy and management. The training will be provided by the international specialist under the project supervision con- tract and will cover the following topics: • Principles and procedures of land acquisition; • Public consultation and participation; • Entitlements and compensation & assistance disbursement mechanisms; Page | 37 • Grievance redress; and • Monitoring of resettlement operations. Page | 38 CHAPTER 10: IMPLEMENTATION PROCESS 108.Based on experience, it is expected that implementation of a ‘Category A’ (full) RP may take up to one year. A local NGO or a local consultant may be hired by MoTC to assist in the RP implementation process. For ‘Category B’ (short) RPs im- plementation may take three to six months depending on the number of PAPs involved. 109.For all subprojects MoTC will announce the cut-off-date based on the date of census for the proposed subproject and the eligibility criteria defined in this RPF. The PAPs of affected structures/assets (houses, shops, etc.) will be paid their due compensations at least 1 months (30 days) prior to demolition of the struc- tures from the corridor of impact. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and re-establishment of businesses. 110.However, MoTC reserves the right of directly demolishing such structures if this has not been done by the PAP within the agreed deadline. Grievances or objections may be referred to the IPIG Safeguards Unite through the process set out in GRM operational procedure 111.The basic steps for the preparation and implementation of RPs are summarized in Ta- ble-10.1 Table-10.1: Implementation process Step Action Responsibility Preparation of checklist indicating for each specific subpro- ject whether land acquisition is needed. If so, a scheduled 1 IPIG /Consultants action plan detailing RP tasks to be assigned to IPIG, con- sultants, local government, and NGO will be established Prepare impacts/PAP surveys forms, train impact assess- 2 ment and valuation teams, and establish coordination with IPIG/Consultants relevant local government agencies Verify land records in affected areas, update cadastral Local government/ 3 maps and carry out impacts and valuation surveys IPIG & Consultant Check surveys and, if necessary, request additional field- 4 Consultants work to improve them Conduct public consultations and negotiations IPIG/Local govern- 5 ment/ Consultant/NGO Integrate impacts base-line and results of consulta- 6 IPIG/Consultants tions/negotiations into RP Submission of RP to MoTC, local government. After this MoTC/IPIG/Local 7 the RPs will be sent to World Bank for approval. government/World Page | 39 Step Action Responsibility Bank Step Action Responsibility RP disclosure: Distribution of RP and information pam- IPIG/Consultants/Local 8 phlets in Kyrgyz, Russian ; and posting of RP in English on government/World World Bank website Bank 9 Approval of contract awards World Bank Engagement of IMA IPIG/MoTC/World 10 Bank Conduct of baseline socio-economic survey for external 11 IMA M&E 12 Distribution of evacuation and relocation notices to PAPs IPIG/MoTC Payment of compensation and implementation of liveli- IPIG/Ayil- 13 hood restoration activities okmotus/PAP 14 Demolishing/relocation of affected structures/assets PAP/IPIG/NGO Review of RP implementation IPIG/PS 15 consultant/NGO/World Bank Notice to proceed for civil works subject to satisfactory im- 16 World Bank/IPIG plementation of RPs 17 Independent monitoring and evaluation (semi-annual) IMA Internal monitoring. Quarterly progress report to World 18 IPIG Bank on the progress of RP implementation Page | 40 Appendices Appendix- 1: Screening form & Checklist Appendix-2: Sample Abbreviated Resettlement Plan Appendix-3: Sample Full Resettlement Plan Appendix-4: Complaints and Grievance Submission Form Appendix-1: Land Acquisition & Resettlement Screening and Checklist a) Location: District, Sub-district, Village/Settlement Brief Description: [i.e. length of road, need/purpose of works, proposed works (list/explain activities), number of villages (approx. population) affected, describe communities to be af- fected, land types, land use, squatters/non-titled, include photos] b) Screening Questions for Resettlement Categorization Probable Involuntary Resettlement Ef- Yes No Possible Remarks fects* Will project include any physical construc- tion works Does the project include upgrading or re- habilitation of any facilities? Is the subproject likely lead to loss of housing, other assets, resource use or in- comes/livelihoods? Is land acquisition likely to be necessary? Is the site for land acquisition is known? Is the ownership status and current usag- es of the land known? Will easements be utilized within an exist- ing ROW? Are there any non-titled people who live and earn their income at the site or within the ROW? Will there be loss of housing? Will there be loss of agriculture plot? Will there be loss of crops, trees, and fixed assets? Will there be loss of business or enterpris- es? Will people loss access to facilities, ser- vices or natural resources? If involuntary resettlement impact are expected: Are local laws and regulations compatible with World Bank’s Involuntary Resettle- ment policy? Will coordination between government agencies be required to deal with land ac- quisition? Is there sufficient skilled staff in the Exe- cuting Agency for resettlement planning and implementation? Are training and capacity-building interven- tions required prior to resettlement plan- ning and implementation? Appendices INFORMATION ON AFFECTED PEOPLE Any estimate of the likely number of households that will be affected by the project? [ ] Yes; [ ] No If yes, approximately how many households? Are any of the households vulnerable i.e. households that (i) are headed by divorced or wid- owed females with dependents and low income; (ii) include disabled or invalid persons; (iii) include persons falling under the generally accepted indicator for poverty as defined by the Ministry of Social Security/Secretariat of State of for Social Assistance & Natural Disasters, or the landless; and/or, (iv) are elderly with no means of support? [ ] Yes; [ ] No If yes, approximately how many households? If yes, briefly describe their situation: If yes, briefly describe their situation: c) Involuntary Resettlement Category After reviewing the answers above, the Project Team Leader and Social Develop- ment/Resettlement Specialist agree, subject to confirmation, that: Project Categorization and Resettlement Planning Requirements Based on the definition of impacts in the World Bank’s OP 4.12 Involuntary Resettlement, what is the category? [ ] CATEGORY A – significant (severe) resettlement impact, a FULL resettlement plan is required [ ] CATEGORY B – marginal or non-significant resettlement impact, an ABBREVIAT- ED resettlement plan is required [ ] CATEGORY C – minimal or no resettlement impact, no resettlement is required, generic social impact mitigation specifications will apply Screening Form & Checklist compiled by: Name: Signature: Designation: Date: Screening Form checked by: Name: Signature Date: Screening Form approved by: Name: Signature: Designation: Date: Appendices Appendix- 2: Contents of Abbreviated Resettlement Plan Topic Contents Introduction • Description of sub-project components; • Summary description of adverse impacts and asset acquisition; Scope of land ac- • Describe alternative options, if an, considered to minimize land quisition acquisition and its effects, and why the remaining effects are una- and resettlement voidable; • Summarize key effects in terms of land acquired, assets lost, and people displaced from homes or livelihoods; Objectives, policy • Describe key national and local land, compensation and resettle- framework, and ment policies, laws, and guidelines that apply to project; entitlements • Explain how World Bank policy on Involuntary Resettlement will be achieved; Socio-economic • Define, identify and enumerate people to be affected; information • Describe likely impact of land acquisition on people affected, taking into account social, cultural, and economic parameters;. • Identify all losses for people affected by land acquisition; • Provide details of any common property resources; Consultation, • Describe consultation processes and procedures for redress of grievance redress Grievances; and participation Compensation, • Describe arrangements for valuing and disbursing compensation; relocation, • Describe arrangements for housing relocation, including transfer and and income resto- establishment; ration • Describe income restoration measures to be implemented; • Identify any risks, describe management and monitoring steps; Institutional • Identify main tasks and responsibilities in planning, managing and framework monitoring land acquisition and resettlement. Resettlement • Identify land acquisition and resettlement costs and funding sources; budget and financing Implementation • Provide time schedule showing when, which and how the resettle- schedule ment activities will be performed for payment of compensation and assistance to the people affected people before demolition begins; Monitoring and • Specify arrangements for M&E; evaluation Appendices • As required; Appendices Appendix-3: Contents of Full Resettlement Plan Topic Contents Introduction • Description of sub-project components; • Summary description of adverse impacts and asset acquisition • Identification of principal stakeholders including social groups vulnerable to impoverishment or debilitation; • Indicate measures taken to minimize adverse impacts; Census and So- • Review of socio-economic characteristics of project APs, including: cioeconomic o Spatial distribution, household size and composition; age- Survey Results sex o structure; income levels, including primary occupation, sup- plementary sources of income, and subsistence activities; tenure and ownership status (land and structures); o characteristics of collective land holdings, including area and qualitative characteristics; o characteristics of structures, including construction types. In- formation should be provided disaggregated by lan- guage/ethnic groups, if any, gender, and socio- economic/income group Categories and numbers of PAPs by type and degree of impacts such as: severely affected households due to loss of productive assets and required to relocate; severely affected households due to loss of resi- dence, business premises; o partially-affected households likely to be marginalized due to the loss of land, house, or business premises but not re- quired to relocate; households affected by minor impacts, receiving only easement compensation or “moving back” assistance; o tenants, laborers, employees, or other non-landed persons adversely affected by the project; Compensation • Description of objectives of compensation policy; Entitlements • Eligibility criteria for PAPs, including ‘cut-off date’ if necessary; • Description of compensation entitlements and other forms of assis- tance for each category of PAPs; • Description of specific measures to mitigate adverse impacts on vulnerable groups (if relevant); • Entitlement matrix consistent with above; Relocation plan (if • Review of suitability of alternative relocation sites; required) • Site selection criteria; • Review of environmental protection and management at resettle- ment sites; • Preliminary relocation options of PAPs; • Review of options for provision of shelter, infrastructure and social services; • Review of consultation procedures with PAPs in selection of reset- tlement alternatives during implementation; • Socio-economic data regarding host population, if applicable; Income • Description of eligibility criteria for income restoration measures; Appendices Topic Contents Restoration • Feasibility analysis of any alternative income restoration programs Measures including the use of collective land compensation, Training needs of PAPs in the context of employment opportunities and market demand, access to credit and micro-enterprise support for PAPs in- terested in small business development; • Institutional arrangements to finance and manage income restora- tion programs Consultation, • Public consultation exercises conducted during the RP preparation Participation, Dis- (provide details), including gender-specific consultation and infor- closure, and mation disclosure. This would include special attention to guaran- Grievance tee women’s assets, property, and land-use rights; and to ensure Redress the restoration of their income and living standards; • Description of opportunities for PAPs to participate in resettlement planning and implementation; • Procedures adopted for filing complaints, review, and decision- making; • Procedures for disclosing RPs and resettlement information on compensation and resettlement options to PAPs in a form and lan- guage that they can understand; Institutional • Administrative set-up and plans for training and capacity building framework, as needed; arrangements & • Timetable for implementation of all resettlement activities, tied to implementation overall sub-project timetable; schedule • Procedures for implementation or delivery of key elements, as rele- vant: • Review of land-for-land arrangements, including timetable and funding for development of relocation sites and necessary services or other inputs; • Review of procedures for payment of compensation; • Procedures for assessing adequacy of compensation; • Operational procedures for job placement, micro finance, or other income-restoration programs; • Legal covenants for inclusion in civil contracts; Monitoring and • Listing of performance monitoring indicators Evaluation • Institutional responsibilities and procedures for internal project monitoring • Discussion of role, if any, of Community Based Organization (CBO) and non-benefit organizations. • Content and frequency of monitoring reports • Indicators for external monitoring Appendices • As required Appendices Appendix-4: Complaints and Grievance Submission Form Detail Information of Complainer Name: Village: Ayilokmotu: City: Rayon: Oblast: Mobile: Phone: Email: Fax: Languages for communication Kyrgyz English Russian Describe reasons of grievance/claim (the compliant about and complain for): Complain submission date: Date of hearing: Results/decisions of complain after hearing: If complaints/grievance does not solved, write down the reasons: Signature: ____________________________ Date: _______________________________ Appendices