government of the islamic republic of afghanistan · 2/6/2019 · other related activities in...

Government of Islamic Republic of Afghanistan – Ministry of Urban Development and Land (MUDL) Afghanistan Land Administration System Project (ALASP)–The World Bank Assisted Resettlement Policy Framework – Final Report February 2019

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GOVERNMENT OF THE ISLAMIC REPUBLIC OF AFGHANISTAN

MINISTRY OF URBAN DEVELOPMENT AND LAND (MUDL)

Afghanistan Land Administration System Project (ALASP) The World Bank assisted

(P164762)

Resettlement Policy Framework Final Report

February 2019

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Table of Contents

Contents List of Tables ........................................................................................................................ 5 List of Acronyms ................................................................................................................. 6 Executive Summary ............................................................................................................ 9

1. Introduction.................................................................................................................... 17 1.1 Background and Project Description .................................................................... 17 1.2 Project Development Objective(s) ......................................................................... 19 1.3 Project Components ................................................................................................ 20 1.4 Rational for applicability of Operational Policy on Involuntary Resettlement (OP 4.12) .............................................................................................................................. 20 1.5 Resettlement Policy Framework ........................................................................... 24 1.6 Objective of RPF ...................................................................................................... 24 1.7 Methodology ............................................................................................................ 25

2 Profile and Perception Survey ..................................................................................... 26 2.1 Socio-Economic Profile (secondary and primary data) ..................................... 26 2.2 Housing Tenure ....................................................................................................... 26 2.3 Land Holding Size .................................................................................................. 26 2.4 Poverty Incidence .................................................................................................... 26 2.5 Information based on primary data ..................................................................... 27 2.6 Average Monthly Income ...................................................................................... 27 2.7 Ownership of Land ................................................................................................. 28 2.8 Perception on the implementation of the processes to deliver OC. ................. 28 2.9 Satisfaction with Land Surveys ............................................................................. 28 2.10 Occupancy Certificates – Issuance ................................................................... 29 2.11 Occupancy Certificates - Perceptions .............................................................. 29 2.12 Title Deeds ........................................................................................................... 32 2.13 Stakeholder Engagement – Consultations ...................................................... 32

2.13.1 Observations/ Suggestions/ Expectations from FGDs and KIIs ........... 33 2.13.2 Public Consultation and Disclosure Workshop ........................................ 34

3 Legal Policy Framework ............................................................................................... 36 4 Mitigation and Relocation and Rehabilitation .......................................................... 47

4.1 Impacts and Mitigation .......................................................................................... 47 4.2 Resettlement Principles and Definitions .............................................................. 48

4.2.1 Resettlement Principles ................................................................................. 48 4.2.2 Definitions ....................................................................................................... 49

5 Gender strategy ............................................................................................................. 51 5.1 Introduction ............................................................................................................. 51 5.2 ALASP Gender Study ............................................................................................. 51 5.3 Key Actions .............................................................................................................. 52

6 Relocation of Housing and Settlements ..................................................................... 54 6.1 Basic Provision for Relocation ............................................................................... 54 6.2 Need for Relocation ................................................................................................ 54 6.3 Development of Relocation Sites .......................................................................... 54


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6.4 Reconstruction of affected community structures ............................................. 55 7 Livelihoods Restoration and Rehabilitation .............................................................. 56

7.1 Livelihoods Restoration Measures ....................................................................... 56 7.2 Impact Categories and Livelihoods Restoration Schemes ................................ 56 7.3 Principles of Livelihoods Restoration .................................................................. 56 7.4 Livelihoods Restoration Activities ........................................................................ 56 7.5 Livelihoods Restoration Procedures..................................................................... 57

8 Stakeholder Engagement ............................................................................................. 59 8.1 Introduction ............................................................................................................. 59 8.2 Citizen Engagement Strategy ................................................................................ 59

8.2.1 Communications Strategy ............................................................................ 59 8.2.2 Stakeholder Consultations: Participatory Planning, Implementation and Monitoring ...................................................................................................................... 60 8.2.3 Citizen Feedback Model - ICT ..................................................................... 60 8.2.4 Support from Grievance Redress Mechanism ........................................... 61 8.2.5 Independent External Third Party Monitoring ......................................... 61 8.2.6 Information, Education and Communication Strategy ............................ 61

9 Grievance Redress Mechanism (GRM) ...................................................................... 62 9.1 Objective of the GRM.............................................................................................. 62

9.1.1 Grievance Redress Committee (GRC) ........................................................ 62 9.1.2 Project Grievance Redress Committee (PGRC) ......................................... 63 9.1.3 Documentation of the GRM Processes ....................................................... 64 9.1.4 Other Options ................................................................................................. 64 9.1.5 Legal Options to PAFs .................................................................................. 65

10 Institutional and Implementation arrangements ...................................................... 66 10.1 Overall Institutional Arrangements ................................................................. 66

10.1.1 Social Safeguards Implementation Arrangements ................................... 67 11 Monitoring and Evaluation .......................................................................................... 68

11.1 Monitoring and Evaluation ............................................................................... 68 11.1.1 RPF and RAP .................................................................................................. 68 11.1.2 Social Indicators ............................................................................................. 68 11.1.3 Half-Yearly Independent External Third Party MEAL (IETP MEAL) ... 69 11.1.4 Monitoring Plan ............................................................................................. 69

12 Capacity Building and Training Plan ......................................................................... 71 12.1 Capacity Building Strategy ............................................................................... 71

12.1.1 Objectives ........................................................................................................ 71 12.1.2 Approach ........................................................................................................ 71 12.1.3 Training Providers ......................................................................................... 71 12.1.4 Details of Training Programs ....................................................................... 72 12.1.5 T1. Orientation/ Learning Training Programs .......................................... 72 12.1.6 T2. Training on the RPF and Management Plans ..................................... 72 12.1.7 T3. Training on Social Management ........................................................... 72 12.1.8 Training Budget ............................................................................................. 73

13 Implementation Schedule ............................................................................................ 74 13.1 Coordination with Project Activities ............................................................... 74

14 Budget ............................................................................................................................. 75


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14.1 Cost of Implementation of RPF ........................................................................ 75 14.2 Means of Disclosure ........................................................................................... 75

15 Annexures....................................................................................................................... 77 15.1 Annexure 1: Content of RAP ............................................................................ 77 15.2 Annexure 2: Household Survey Questionnaire ............................................. 79 15.3 Annexure 3: Focus Group Discussions & Key Informant Interviews Check List 83 1.5 Annexure 4: Public Consultation and Disclosure Workshop ........................... 84


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List of Tables

Table 1: Project Components and Applicability of OP 4.12 ........................................ 21 Table 1: Distribution of Families on the Basis of Average Monthly Income ..................... 27 Table 2: Average Income of Different Income Groups ....................................................... 27

Table 3: Average Monthly Income by Source ..................................................................... 27 Table 4: Duration of Ownership of Land ............................................................................ 28 Table 5: Reasons for Satisfaction / Dissatisfaction from Land Surveys ............................. 28 Table 6: Occupancy Certificate Obtained ........................................................................... 29 Table 7: Perceived Use of OC ............................................................................................. 29 Table 8: Perceptions on the benefits of OC ......................................................................... 30

Table 9: Difficulties in OC Application Process ................................................................. 30

Table 10: Suggestions for Improving OC Process ............................................................ 30

Table 11: Use of OC in Land Transaction ........................................................................ 31 Table 12: Registration of Land by Owners ....................................................................... 31 Table 13: Benefits of Having OC ..................................................................................... 31 Table 14: Suggestions on Process for getting OC ............................................................ 31

Table 15: Knowledge about Title Deeds .......................................................................... 32 Table 16: Where to get the Title Deeds From................................................................... 32

Table 17: Community Observations/ Suggestions/ Expectations of Respondents .................. 33 Table 18: Process of Community Validation and Issuance of Occupancy Certificate. ........... 38 Table 19: Risk Analysis ........................................................................................................... 40

Table 20: A comparison of The World Bank Involuntary Resettlement Policy and Regulation

of Registration of Urban Informal Properties (RRUIP) (OC Regulation) ............................... 42

Table 21: Relocation and Rehabilitation Matrix ................................................................ 47 Table 22: Grievance Redressal Mechanism ............................................................................. 63 Table 23: Implementation Arrangements ................................................................................. 67

Table 24: Monitoring Indicators .............................................................................................. 69 Table 25: List of Training Programs ........................................................................................ 73 Table 26: Training Budget ....................................................................................................... 73 Table 27: Total indicative budget for mitigating/ managing social impacts ............................ 75


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List of Acronyms AFPOS Afghanistan Positioning System

ALASP Afghanistan Land Administration System Project

ALCS Afghanistan Living Conditions Survey

ALPIS Afghanistan Land Pricing Information System

ANDAP Afghanistan National Disability Action Plan

ANPDF Afghanistan National Peace and Development Framework

MUDL Afghanistan Independent Land Authority

ASA Afghanistan Surveyors Association

BCE Before Common Era

BP Bank Policy

CDCs Community Development Councils

CEDAW Convention on the Elimination of all forms of Discrimination against Women CEO Chief Executive Officer

CFA City for All

CHMP Cultural Heritage Management Plan

CoC Certificate of Compliance

CORS Continuously Operating Reference Stations

CSO Central Statistics Organization

CTU Cadastral Territorial Unit

DBMS Database Management System

DLC Developing the Land Code

DMS Document Management System

EHS Environmental Health and Safety

EIA Environmental Impact Assessment

EIS Environmental Impact Statement

EMF Environmental Management Framework

EMP Environmental Management Plan

ESIA Environmental and Social Impact Assessment

ESMF Environmental and Social Management Framework

FAO Food and Agriculture Organization

FAQs Frequently Asked Questions

FGD Focus Group Discussion

GIS Geographic Information System

GoIRA Government of Islamic Republic of Afghanistan

GPS Global Positioning System

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

GRS Grievance Redress Service

GSM Global System for Mobile Communications

HH Households

ICLA Institute of Cartography and Land Administration

ICT Information and Communications Technologies

ID Identity Deeds


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IDLG Independent Directorate of Local Governance

IDPL Institutional Development Plan for Land Administration

IDPs Internally Displaced Persons

IETP Independent External Third Party

IGS International Geodetic Service

ISAF International Security Assistance Force

ISSP Information System Strategic Plan

IT Information Technology

ITRF International Terrestrial Reference Frame

KIIs Key Informant Interviews

LAL Land Acquisition Law

LAP Land Administration Policy

LARA Land Reform in Afghanistan

LGAF Land Governance Assessment Framework

LIS Land Information System

LML Land Management Law

LTERA Land Titling and Economic Restructuring Activity

M&E Monitoring & Evaluation

MEAL Monitoring Evaluation Audit and Learning

MIS Management Information System

MMR Maternal Mortality Ratio

MTR Mid-Term Review

MUDL Ministry of Urban Development and Land

NEET Not in Education, Employment and Training

NEPA National Environmental Protection Agency

NGOs Non Governmental Organizations

NLC National Land Code

NLP National Land Policy

NRVA National Risk and Vulnerability Assessment

NSDI National Spatial Data Infrastructure

OC Occupancy Certificates

OP Operational Policy

PAFs Project Affected Families

PDO Project Development Objective

PGRC Project Grievance Redress Committee

PIU Project Implementation Unit

PMU Project Management Unit

QA Quality Assurance

QC Quality Control

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

RTK Real Time Kinematic

SA Social Assessment

SDLC System Development Life Cycle

SIA Social Impact Assessment


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SMF Social Management Framework

SMP Social Management Plan

SNGP Sub National Governance Policy

SOA Service Oriented Software Architecture

SOPs Standard Operation Procedures

TA Technical Assistance

TD Title Deeds

TIKA Turkish International Cooperation and Development Agency

TKGM Turkish Land Administration Agency

TV Television

UN United Nations

UNDESA United Nations Department of Economic and Social Affairs

USAID United States Agency for International Development

USD United States Dollar

VGGT Voluntary Guidelines on the responsible Governance of Tenure of Land

WB World Bank


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Executive Summary Background The Afghanistan land sector is plagued by a multitude of problems linked to weak governance, corruption and lack of capacity. There are competing claims to land, widespread conflicts, resultant landlessness and poverty. Other issues are limited availability of undisputed farmland, difficulties in accessing grazing lands and many disputes over pasture lands. These issues are exacerbated by conflicting land ownership systems, insecure land tenure and registration, weak land governance environment and uncertain and incomplete legal frameworks. Further, formal and informal dispute resolution mechanisms coexist with inadequate resolution of conflicts over land. Project Description The Afghanistan Land Administration Systems Project is being prepared by the Ministry of Urban Development and Land (MUDL) with support from The World Bank. The Development Objective of the project is (a) to support the development of the Afghanistan land administration system; and (b) to provide the population in selected areas with improved land registration services, including issuance of Title Deeds (TD) and Occupancy Certificates (OC). The Project will comprise three components: (1) Land Policy and Institutional Strengthening; (2) Developing Technological Capacity, Information and Systems for Land Administration; and (3) Project Management, Monitoring and Evaluation. The project will focus on the critical building blocks required to develop a modern land administration system in the country, while allowing implementing agencies to gain experience in land survey, registration and other related activities in Kabul, Herat and six other cities. Building upon the work led by UN Habitat, the project will also support the issuance of land Occupancy Certificates (OCs) and Title Deeds population in Urban Informal Settlements. The transition from deed to title registration will continue as well as the development of national capacity for land survey and valuation. Subsequently, the Land Information System (LIS) would be made fully interoperable with other relevant information systems in the country, leading in time to the eventual establishment of a National Spatial Data Infrastructure (NSDI). Cadastral surveying and land registration will focus on selected urban districts of Kabul and Herat, with an expected target of 100,000 parcels. Issuance of OCs and TDs in informal settlements will focus on 8 cities – Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan, with an expected target of 150,000 parcels. Resettlement Policy Framework The objective of this RPF is to provide a better standard of living to the project affected families or at least restore their standard of living to that of before project. If the affected persons belong to Below Poverty Line1 (BPL) category before the project, then this RPF aims to bring them Above Poverty Line (APL). The other objectives are to avoid or minimize adverse impacts and risks where feasible, exploring all viable alternatives, mitigate the adverse impacts and risks, assist affected persons in improving/ restoring their former living standards, income earning capacity and production levels, which were adversely affected due to loss of land, asset, access, etc., provide assistance to affected people, encourage stakeholder engagement in planning and implementing resettlement and lay out a robust Grievance Redressal Management.

1 Afs. 2,064/- per person per month as per Afghanistan Living Conditions Survey 2016-17


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Legal and Policy Framework The key laws governing the land sector include the Law on Land Acquisition (2017) and the Land Management Law (2017). In 2018, the cabinet approved the National Land Policy, which provided the policy framework for compensation in case of land expropriation. The Law on Land Acquisition provides the legal basis for land acquisition and compensation. It provides for the range of public interest projects (including infrastructure) for which property may be expropriated and also defines properties whose expropriation is prohibited. The law contains provisions for valuation, compensation and resettlement in case of expropriation. The Land Management Law (2017) aims to create a legislated, unified, reliable land management system. It provides for a standard system for land titling, land segregation and registration; prevent illegal land acquisition and distribution; access to land to people; and conditions for appropriation of lands. It also provides for regulation of government lands by the Land Authority (erstwhile ARAZI, present MUDL). The Regulation on Registration of Urban Informal Properties 2017 (RRUIP) provides for issuance of Occupancy Certificate (OC). It lays down the principles to provide an Occupancy Certificate (OC), and facilitate issuance of Title Deed (TD) to households, collect safai tax by the municipalities, and is a step towards providing secured assets that are on state and private land. Based on the assessment, it can be safely concluded that the process covers two phases. Phase I is a community-led validation process to survey land plots and identify households occupying such plots within the informal areas (which has been implemented by UN-HABITAT supported by European Union and USAID under City For All program from 2016 onwards and will end in 2020). This includes a participatory process to map areas of each land plot in informal urban areas. The Phase II will cover the processes for issuance of OCs under the RRUIP by MUDL. Phase II and will be supported by the ALASP project.

World Bank’s Policy on Involuntary Resettlement (OP/BP 4.12) The World Bank’s policy on involuntary resettlement (OP/BP 4.12) would be applicable in respect of the activity on supporting issuance of Occupancy Certificates. The potential adverse impacts with the implementation of the OC regulation are likely to arise from: a. The broad principles, eligibility criteria and cut-off date will exclude people from

accessing benefits on many accounts such as establishing that the settlement was 15 years prior to issue of the regulation (January 2017) and excluding those who occupy public land and water source areas:

b. Leaving lands that are included for planned development for 10 years without indicating the start and end date for considering the 10 years may create uncertainty during identification of which plot will fall within the planned area.

c. People may not be able to meet the cost towards documentation. d. The occupant may not be able to pay the fair valuation or market valuation for land

between 300 and 1,000 sq.m. Then the OC will be issued for the minimum 300 sq.m. The status quo of the balance area (between 300-500 or 500-1000 sq.m.) may be maintained and that creates a lot of uncertainty amongst the occupiers to bring it under any productive use;

e. Privately owned land may not have traditional documents to establish ownership; f. Occupiers of land above 1000 sq.m. will have to surrender land without compensation; g. Structures may become unviable after surrendering the area beyond the threshold limit

and lack of capacity of occupiers to meet the cost to purchase the area beyond the threshold limit;


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h. The occupiers are required to surrender their right to be consulted if land in question is required for development purposes. This provision suggests that the occupiers will get “user rights”.

OP/BP 4.12 would also be applicable with respect to stakeholder engagement, citizen feedback and Grievance Redressal Management. Accordingly, the Resettlement Policy Framework has been developed for the project to assess risks and adverse impacts, along with mitigation plan to improve or at least restore the livelihood; stakeholder engagement; Grievance Management; institutional arrangement, monitoring systems and budget.

Social Risks The RPF analyzes the RRUIP to identify the key social risks as follows:

Provisions Broad Risks

The key definition covers occupants2, business area3 and residential house4. (Article 3)

Terms such as informal properties, informal areas, displaced people and returnees are not defined and should be clarified in the procedures.

RRUIP recognizes those who occupy state land; and owners of private land to prove their ownership with original documents of their property. The property should be within the boundaries of the master plan and/or urban strategic plan. The settlement should be able to be included in “urban plan” by the municipality and should have existed for at least 15 years before the passing of the OC regulation, i.e. 15 years before January 30, 2017. The property should not be in an area that is planned for the development of government or public projects within a period of ten years.

Structures on private and state land will be considered and those on public land excluded. In the absence of land records, it will be challenging to demarcate boundaries of state and public land.

There is an underlying assumption that approved plans for development projects exist for 10 years; people would be aware of the specific locations of these planned projects that may be a factor for people not to construct even on private land.

The eligibility criteria could exclude those unable to furnish proof of ownership of private land; those who may have entered into transaction without documentation; whose structures (both on state and private land) are within the planned development areas.

The occupiers of state land are required to surrender their user rights and rights to be consulted for development projects.

Occupancy Certificates will be granted only to occupants of residential houses in informal settlements. (Article 8)

This provision excludes commercial structures and residential cum commercial structures. In the absence of a definition of “informal settlement”, there is an assumption that such settlements on state land may be considered as “informal settlement”. This implies that only residential structures on state land and private land will be considered.

If a property in an informal settlement is on state land, up to 300 sq.m. will be registered in the name of the occupant or his/her descendant with a nominal fee.

There is an underlying assumption that people have the paying capacity to meet the cost of the documentation and purchase at fair price and market value; all irrespective of their vulnerable status have the capacity to pay.

2 Occupants - means a real person who has constructed a residential dwelling and is entitled to be

granted a deed according to this regulation (They are informally settled in state or private land, and at least on state land do not have legal rights to such land. Through the OC program the government is granting occupancy rights).

3 Business area - a place or a building which is in an informal settlement area and a real or legal person uses it for business or trading

4 Residential house - individual or shared structure which is built in an informal settlement area such as an apartment block or single-family house.


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If a property in an informal settlement is on state land, any additional area from 300 Sq.m. up to 500 Sq.m. that is not required by the state can be sold to the occupant based on a just and fair price considering the location of the land.

If a property in an informal settlement is on state land, any additional area from 500 sq.m. up to 1000 sq.m. that is not required by the state can be sold to the occupant at the prevailing market price and considering the location of the land.

If a property in an informal settlement is on state land, any additional area exceeding 1000 Sq.m. will be repossessed by the state from the occupant or his/her descendants.

(Article 9)

The residential structures may become structurally unsafe if they span beyond the threshold limit and/or the occupant is unable or unwilling to pay for the excess land.

Procedures should clarify how what action will be taken in case the occupant cannot or is not willing to pay for the excess land beyond 300 sq.m (300-1000 sq.m).

Occupiers are required to sign a contract agreeing to conditionalities for properties on state land for OC, including agreeing to evacuate the property for implementation of public development plans or public infrastructures. If the informal settlement area is reorganized by the government and private sectors jointly, the occupant will have the rights based on relevant legal documents. (Article 10)

The conditionality to agree to vacate the property if land is required for public purpose, then the occupier is expected to surrender its rights to be consulted. The occupier will not enjoy rights to the property if only government is responsible for re-organization of the informal settlement

Registration of properties in informal settlements occupied by displaced people will be organized in a separate procedure document. (Article 23)

The regulations will not cover the displaced and returnees and will be rehabilitated as per the 305 Decree. There is a robust data available on IDPs and Returnees.

Recognizes share of owners established by courts (Article 18)

This provision is applicable to structures on private land

Relocation The threshold of 300, 500, and 1000 sqm may force people to move out of unviable structure or to meet the cost to restore the same. Paying capacity of the occupiers and owners may create barriers to access project benefits, especially the women and vulnerable. It may increase the gap in asset ownership amongst the occupiers and private owners and increase poverty.

Stakeholder Engagement There is a risk that the right to be consulted for development projects is denied to affected persons. Weak consultations with affected people on the provisions of the OC, its’ implication on the asset either on state land and private land, roles and responsibilities of the implementing agencies, supporting to meet the cost requirements, etc, may exclude people from accessing the benefits of the program.

Impacts and Mitigation


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The following mitigation measures are proposed for the potential social impacts identified in the RPF. Impact Category

Mitigation Proposed

Occupancy Certificate not granted (eligibility)

All eligible occupants will be granted with Occupancy Certificates, provided they deposit the fee stipulated under the regulation.

Those unable to meet the cost or the eligibility criteria, will receive concession for payment within specified time period and develop appropriate procedures to address the risks of exclusion.

Conduct social Impact assessment to identify all households dependent on land within the geographical coverage of the Municipalities after establishing the eligibility under Phase II of the process who will be covered under ALASP.

Implement the provisions of LML for those with/ without documents as per LML article 18 (that prescribes documents as valid proof of ownership) and article 19 (that prescribes the procedures for person without valid documents. Government directorate to find the document that may be available in the land registration books at ARAZI and with Makhzan (city archive)

Implement the eligibility criteria of affected Person as defined in LAL and the census carried out as part of SIA. According to LAL, affected person is a person who is not the owner of acquired property, but is affected by the process of expropriation (Article 3).

As per the LAL, Inform and consult with community of the area under expropriation regarding implementation of the project (article 8, 9)

Include all informal areas that are within the boundary of municipalities

Loss of Land For those who lost part of land will be paid just compensation at market rates for the land lost.

For those who lost all land are eligible for a) compensation at market rates for the land lost and b) a plot of 300 Sq.m. for every adult member of the household.

Loss of Assets Implement the provisions of compensation at replacement value and the process to arrive at the replacement value for impacted assets to owners included in LAL (Chapter 5 - Article 23 - 29). It recognizes that those settled on state land will receive compensation for the structure only.

All common and community/ communal assets lost will be built/ provided in due consultation with and engagement of the community.

Loss of Livelihoods

Implement the provisions of compensation at replacement value and the process to arrive at the replacement value for impacted assets to owners included in LAL (Chapter 5 - Article 23 - 29)

Those who lost livelihoods will be provided (a) subsistence allowance at a rate of Afs 2500/- per person per month for each adult member of the household for six months; and (b) Income Generation Asset of Afs. 100,000/-

For loss of commercial assets, the replacement cost of assets to be provided to the occupants. When livelihoods are affected, they will be provided with livelihood assistance to restore the livelihoods

Relocation The relocation of the people whose property becomes unviable following the implementation of threshold limits, as per the provisions laid down in article 40, 41. The owners shall be eligible for receiving a residential plot in the resettlement project. Implementation of the resettlement project shall be applied after determination and confirmation of owners of the expropriated properties who need to be resettled and affected persons by the Resettlement Committee, prior to implementation of the expropriation project or their transfer.

No permission for renting

All affected tenants will be eligible for six months rental allowance and shifting allowance.


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leasing and mortgaging properties

Evacuation for public development/ infrastructure

When such evacuation takes place the for public development/ infrastructure purposes, the affected people will be paid compensation and other benefits, as per the Law on Land Acquisition and the principles of this RPF.

Displaced people not considered

The displaced and Returnees will be rehabilitated under Decree 305.

Land for zonal Registration Offices

All land required for this project will be acquired as per the Law on Land Acquisition the principles of this RPF.

Women and other Vulnerable affected people

Women and other vulnerable people impacted will be paid an additional 25% over and above their eligible compensation and allowances.

Stakeholder engagement

The program will have consultants to design a citizen engagement strategy and program, and to have staff at field level to assist the occupants not only in engagement in the program gut in improving their quality of living.

The detailed communication strategy developed for the project includes guidelines for stakeholder mapping, analysis, tools for communication for both internal and external purposes and systems for Citizen Feedback.

Relocation The MUDL will provide adequate and appropriate replacement land and structures or cash compensation for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance. The MUDL will compensate PAPs/ PAFs for the loss of land and assets, such as dwellings, and also for other improvements to the land. Those who lost part of land will be paid just compensation at market rates for the land lost. Those who lost all land are eligible for (a) compensation at market rates for the land lost and (b) a plot of 300 Sq.m. for every adult member of the household. The MUDL in consultation with the concerned city municipality will identify suitable land for relocation. Housing units with an area of about 300 sq. m will be constructed if more than 20 families are affected in a CTU in accordance with principles detailed in the relevant chapter. The MUDL and project authorities will replace and reconstruct all community assets before demolition. It will be ensured that these processes are consultative.

Gender Strategy As the National Land Policy (2017) mentions, Sharia law and the Civil Code guarantee comprehensive rights (ownership and inheritance) to land for both men and women. However, two factors prevent women’s attainment of their legal rights: the lack of knowledge about such laws and regulations and strongly embedded male-dominated social norms. has a Gender Equity Policy and Action Plan which provides for work place diversity and equal employment opportunity and deals with work place harassment and discrimination. The elements of the Gender Strategy include the following:

• When MUDL develops the land registry and LIS, it will include gender disaggregated information on women and other vulnerables as part of the baseline data collection for subsequent usage during mid-term and end-term evaluation.

• Separate Consultations/ FGDs would be conducted at suitable times and locations with experienced Communications Experts of MUDL field offices at all stages of project interventions.


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• Gender and other vulnerables disaggregated monitoring indicators would be developed to monitor and evaluate the project

• Representation of women in the GRM would be mandatory, both at GRC and at PGRC. • Female staff, wherever possible, would be deployed in MUDL and in ALASP operations

to the extent possible. MUDL would deploy at least fifty percent women Communication Experts in its field offices. The project will establish a special desk at MUDL provincial offices, staffed by women, to process the OCs and facilitate property/ land leasing, renting and acquisition/ registration. MUDL is expected to follow the new government policy (IARCSC 2018) on increasing women’s participation in Civil Service by increasing the number of female staff by 2% every year.

• To help promote normative change, the project will support comprehensive public awareness campaigns about women’s land rights in Islam.

• The project has also taken up a study on Gender and the recommendations of this study will be implemented by the project.

Livelihoods Restoration and Rehabilitation Livelihoods restoration activities would include short-term and long-term activities. In the short-term, the PAPs’ income during periods immediately before and after relocation would be restored. For the long-term, there would be provision of shops/ work sheds for those losing their total livelihoods, to re-establish their commercial activities. Shopping units/ Work sheds with an area of 100-200 sq. ft. will be constructed, at a suitable location agreeable to PAPs/ PAFs, if more than 20 shops/ sheds are affected in a CTU and if the PAPs/ PAFs opt for these. It also includes purchase of income generating assets up to Afn. 100,000. The livelihoods restoration plan also includes provision for trainings and monitoring.

Citizen Engagement Strategy Citizen Engagement (CE) will form an integral part of ALASP project implementation to enable an effective two-way interaction between citizens and governmental officials. The primary focus will be to ensure that project beneficiaries understand what to expect from this project, so as to gain their trust and confidence during surveying, registration and issuance of OC certificates. MUDL will develop an information calling center. The proposed social mobilisers would act as a communication bridge between citizens and the Ministry. The Communications Strategy will have a mix of mass communications, advocacy (general and targeted), community mobilization and social messaging and use tools including mass media, social advertising, direct interaction, and development of platforms and champions, at the local levels. The strategy would aim at a) informing the occupants about the OC program; b) making the occupants aware of the provisions of RRUIP, LML and this RPF; c) creating awareness about the document requirements for granting OCs; and d) creating awareness on the Grievance Redress Mechanism. Grievance Redressal Mechanism MUDL will establish a Grievance Redress Mechanism (GRM) for ALASP, to respond to queries about the project, resolve problems and addressing complaints and grievances. The Grievance Redress Committee will be established at the provincial level under the chairmanship of the Head of MUDL Field Office for redressal of grievances of the stakeholders. The Communications Expert of the MUDL Field Office would be the convener of this Committee. Provincial level heads of related departments (such as heads of municipalities) along with a community representative and a prominent Social Worker of the Province would be members. Grievances cannot be kept pending for more than a month. The GRC would be responsible for implementation of the redress with support from the MUDL field office. In case the aggrieved party is not satisfied with the proposed redress measures by the GRC, then the party can


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approach the MUDL Head Office for redressal. In order to address grievances which are escalated to MUDL Head Office, the Project GRC (PGRC) is formed with the CEO, MUDL as chairman and Social Specialist at MUDL Head Office as the convener. The PGRC will also monitor and review the grievances filed at MUDL Field Offices. This committee will include representatives from municipalities, a prominent academician, a prominent woman development professional and representative of a prominent voluntary organization. There is a provision for documentation of GRM processes and the GRM is envisioned as a continuous, transparent and participatory process that would be an integral part of the project’s accountability and governance agenda. Institutional and Implementation Arrangements The Project will be implemented by MUDL through a Project Implementation Unit (PIU). The core team of the PIU will include a Social Specialist who would have overall responsibility for social safeguards issues and implementation of RPF. MUDL will incorporate the provisions of this RPF as actionable points in the Project Operations Manual or other similar document prepared for the project. The Social Specialist will oversee the application of these provisions and guide the process, while at the same time building the capacity of the field units. At the provincial level, one Communications Expert would be appointed at each field office for community engagement, communications, grievance redressal, gender, etc. Monitoring As part of the supervision plan, all the provinces where ALASP is being implemented will be visited at regular intervals by the Social Specialist. Once every year, the MUDL will prepare a report of the social safeguards status in the project districts including data and analysis of relevant parameters detailed in the document. The monitoring framework also provides for Independent External Third Party Monitoring Evaluation Audit and Learning (MEAL) consultants appointed by MUDL, who will do half-yearly social monitoring and audit of sub-projects, on a sample basis, for social safeguards compliance.

Capacity Building Strategy The RPF provides for capacity building for social management in MUDL for ALASP staff and participating communities. The objectives of these initiatives are to build and strengthen the capability of MUDL, participating agencies and to integrate sound social management into sub-project implementation. The trainings will also build capacity for RPF implementation, including social appraisal, preparation and supervision of mitigation plans, community-led social monitoring etc. There would be a training needs assessment. Suitable training resources from among national and international experts would be identified by MUDL. The participants would include key officials of the project, participating agencies and members of community institutions. All the trained staff and master trainers developed for different training components will conduct onsite or offsite trainings (at provincial level). Periodic tracking of learning outcomes would help to institutionalize best practices.

Budget The total administrative budget for RPF implementation under the proposed ALASP has been worked out as Afn. 66.1 Million (USD 860,000). The cost of implementing the proposed mitigation measures is given only for a sample population for one CTU at 10 PAPs for land loss, asset loss and livelihoods loss. The actuals need to be worked out for each CTU and RAP prepared accordingly, as these are not included in this costing. The detailed budget is detailed in the document.


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1. Introduction 1.1 Background and Project Description Afghanistan is a deeply fragile and conflict affected state. It has been in almost constant conflict for over 35 years. Civilian casualties remained at unprecedent levels in 2017 and 2018 while some areas of the country are still difficult to access because of insecurity. This situation has had a destabilizing effect on the social cohesion of the country, exacerbating ethnic divisions and weakening government institutions and rule of law. As a result, competing claims to land, and conflicts between individuals, communities, and citizens and the state have accumulated over time. Falling economic growth, high incidence of poverty and sharp inequalities drive the country’s developmental challenges and have contributed to Afghanistan remaining among the least developed in the world. The political context of Afghanistan remains complex and dominated by the Taliban insurgency, narcotics production, weak governance and rule of law. Despite challenges, substantial improvements in development outcomes in areas such as water, sanitation, electricity, education and health, have been observed in the country since 2001. However, the poverty rate has increased from 38 percent in 2011-2012 to 55 percent in 2016-2017, and it is expected to remain high in the medium-term5. Afghanistan’s development depends, to a large extent, on the efficient use of its land resources. Afghan cities have witnessed rapid urban growth, estimated at 4.7 percent per annum (2010-2015) which is increasing the pressure on land. Today an estimated 8 million people (25 percent of total population) live in cities and it is projected that half the country’s population will reside in urban areas by 2060. This growth is in part due to the influx of returnees and Internally Displaced Persons (IDPs). Currently, 18 percent of Afghanistan's poor live in urban areas, mostly in informal settlements, with urban poverty concentrated in Kabul, Herat, Kandahar, Balkh, and Kunduz. Overall, insecure land tenure and registration are a serious drag on investment. In this context, improving the functioning of land markets can help bolster both private sector confidence and state legitimacy. Strengthening of institutions and service delivery capacity and improving revenue policies and administration is critical. The proposed project is thus intended to support achievable and important reforms within a difficult environment. Weaknesses in Afghanistan’s land governance environment are a major source of conflict and poverty. The post-Taliban period has seen strong political will from the government, as well as international donors’ support, for land reform. Demand for land for agriculture, commercial development as well as physical infrastructure, housing and urban development is high. Addressing this demand adequately requires a legal and institutional framework that allows efficient and effective allocation of

5 Based on the poverty headcount rate, which measures the share of the population whose monthly per capita

expenditure falls below the poverty line (World Bank, 2016, Trends in Poverty and Inequality 2007-17).


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land, provision of land for public infrastructure, the resolution of conflicts over access and usage of land, and the establishment of a comprehensive land information database. Recent analytical work, including a World Bank Land Governance Assessment Framework Report (2016), shows that Afghanistan faces critical constraints including outdated systems, overlapping responsibilities across agencies, lack of capacity at local levels, conflicting systems for land ownership, and uncertain or incomplete legal frameworks. Compounded by decades of conflict and widespread displacement, these have resulted in weak property rights, inequitable distribution, and widespread land-related conflict. Limited availability of undisputed farmland and tenure insecurity have contributed to the increasing number of land-poor and landless families. Moreover, land-grabbing has been a recurrent issue, with almost 240,000 hectares of state lands having been grabbed by powerful people and warlords. Rapid urbanization since the overthrow of the Taliban in 2001 has dramatically reshaped the spatial and demographic profile of Afghanistan and increased the need for providing tenure security. Rapid urban growth is increasing the pressure on land and posing challenges to urban policy and planning. Much of the urban population growth has been driven by IDPs and refugee returnees, over 5.8 million of whom returned to Afghanistan between 2002 and 2015. Since 2015, moreover, the number of Afghan refugees returning from Pakistan and Iran have substantially increased6. Land tenure insecurity in urban areas is a significant issue, while the majority (61 per cent) of the housing stock consists of unplanned, informal housing7. The 2013-2014 Afghanistan Living Conditions Survey estimates that 74 percent of the urban population lived in underserved, informal settlements, many of which faced the potential risk of eviction. Improving the tenure security for this population can have substantial social and economic impact. An important, positive step has been the consolidation of land administration agencies, culminating in the establishment of the Ministry of Urban Development and Land (MUDL) in 2018. In August 2009, The Government of the Islamic Republic of Afghanistan (GoIRA) merged the AMLAK8 with the Independent Commission for the Restitution of Illegally Occupied Land, naming the new organization ARAZI and ascribing it under the Ministry of Agriculture, Irrigation and Livestock (MAIL). However, through a Presidential Decree in 20139, ARAZI became Afghanistan’s Land Authority. At the same time, the Cadastral Survey Department of the Afghanistan Geology and Cartography High Office (AGCHO) was merged with ARAZI, with all structure and service transferred to ARAZI. A new National Land Policy (NLP) governs ARAZI’s functions, while its 50 Year Roadmap describes its mandate. In general, MUDL / ARAZI has an extensive mandate over land administration

6 According to the United Nation’s High Commission for Refugees in 2011 74.3 percent of returnees in the

country did not have access to land. 7 Matthew French, Abdul Popal, Habib Rahimi, Srinivasa Popuri and Jan Turkstra, institutionalizing participatory slum upgrading: a case study of urban co-production from Afghanistan, 2002–2016 8 AMLAK is another term for lands or property which in this context refers to the Land Management Department

of Ministry of Agriculture, Irrigation and Livestock. 9 Resolution No. 11 dated 27 May 2013 (1392/3/6).


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demanding a balanced approach between: (i) land administration services in support of individual and collective tenure security through land registration; and (ii) land allocation and the provision of land to support private sector investment in infrastructure, natural resources, agriculture and industry. While maintaining its mandate and basic structure, as of December 2018, ARAZI became the Deputy Ministry of Land (DML) under MUDL. An important building block for a modern land administration is the legal and policy framework, which is still under development in Afghanistan. The NLP was endorsed by the Afghanistan Cabinet on May 03, 2018. Moreover, the President endorsed two new land-related laws, including the Land Management Law (LML) on April 03, 2017, during the summer recess of the House of Representatives10. Next step would be making the LML fully operational in terms of requisite implementing rules and regulations. An Outside Courts Land Dispute Resolution law is also being prepared. It is essential to continue completing and clarifying the legal framework for land in Afghanistan as several important areas require laws and regulations, including land survey, land registration, geodetic services, and valuation. This effort would be consistent with Afghanistan’s medium-term goal of establishing a comprehensive Land Code. Land registration in the country is highly fragmented while property registration is low. Afghanistan does not have one single land register (apart from filing of documents related to purchase, sale, mortgages and transition procedures). Currently, the information, which tends to be outdated, is scattered across several registries under different ministries and agencies with limited interconnection or synchronization. Many documents were destroyed due to the war, while document forgery is a prevalent issue, which increases the difficulty in updating of registers and compromises the reliability of registry information. Under such circumstances, more than 80 percent of lands in the country are unregistered. Less than 30 percent properties in urban areas, and less than 10 percent of properties in rural areas have been registered by official institutions of the state, mostly by the primary courts, which are the lead custodian for property and land transactions in the country. Moreover, the limited land cadaster, covering only around one-third of total land, is outdated as it has not been outdated since it was first conducted almost 40 years ago. 1.2 Project Development Objective(s) The Project Development Objective is (a) to support the development of the Afghanistan land administration system; and (b) to provide the population in selected areas with improved land registration services, including issuance of Titles and

10 New laws after endorsement by the President acquire the force of law. However, legislative decrees shall be

presented to the National Assembly within thirty days of convening its first session, and if rejected by the National Assembly, they become void. The LML is still under discussion by the National Assembly. The other law endorsed by the President is the Land Acquisition Law, which includes provisions on resettlement, livelihood restoration, and clearer guidance on fair compensation. This law has recently received Parliamentary

approval.


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Occupancy Certificates. The Project will contribute to the establishment of a modern land administration system that will secure land tenure rights for all citizens and the State, based on an adequate policy, legal, institutional and technological framework that is responsive to the country’s context, needs and aspirations. 1.3 Project Components The Project is designed within a programmatic framework, considering the land administration challenges faced by the country. These challenges create the need to build over time a clearer and comprehensive policy and legal enabling framework, institutional and technical capacity, professional knowledge and experience, technology and systems, as well as adequate cadaster and property registry information. Drawing on the overall framework of the IDPL, the project will focus on critical building blocks required to develop a modern land administration system in the country, while allowing MUDL and other relevant stakeholders, including municipalities and local communities, to gain experience in implementing land survey, registration and other land-market-related activities in two of the IDPL’s selected cities, namely Kabul and Herat. Moreover, building upon the work led by UN Habitat, the project will support the issuance of land Occupancy Certificates (OCs) to informal urban population ensuring a systematic approach to land tenure rights. Emphasizing modern technological approaches and global good practices suitable to the Afghan context, subsequent phases would help expand systematic land survey and registration to other urban, and eventually rural areas, as MUDL capacity is strengthened at the provincial level and new land policies and laws are made operational. This would further help decentralize land administration services and build citizens’ trust at the local level. In addition, the transition from deed to title registration will continue as well as the development of national capacity for land survey and valuation. Subsequently, the Land Information System (LIS) would be made fully interoperable with other relevant information systems in the country, leading in time to the eventual establishment of a National Spatial Data Infrastructure (NSDI). The project will cover the following selected areas: (a) the cadastral surveying and land registration will focus on selected urban districts of Kabul and Herat, with an expected target of 100,000 parcels; and (b) issuance of OCs in informal settlements will focus on 8 cities, Kabul, Herat, Jalalabad, Kandahar, Mazhar e Sharif, Nili, Farah and Bamyan, with an expected target of 150,000 parcels. In the case of OC issuance, the selected areas have been expended to make Project support consistent with the geographical scope under the CFA program. 1.4 Rational for applicability of Operational Policy on Involuntary Resettlement

(OP 4.12) MUDL, in coordination with UN HABITAT is implementing the Program for Registration of Urban Informal Settlements following the “Regulation for Registration of Urban Informal Settlements” across 8 cities of Afghanistan. Over a million properties are expected to be surveyed by UN HABITAT and around 0.5 million


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properties are expected to be informal settlements whose owners could potentially receive “Occupancy Certificates” (OC) subject to their satisfying set criteria. This is a new initiative of the Government of Afghanistan, and systems and processes are being established at MUDL to handle the volume of work related to this activity. UNHABITAT with support from USAID and EU established a survey and community led validation system that has resulted in over 0.5 million surveyed properties being delivered to MUDL’s newly formed Occupancy Certificate Directorate to process. A broad analysis of the scope of the components linked with it the applicability of specific related to OP 4.12 is included below, and further detailed in Chapter 3. Table 1: Project Components and Applicability of OP 4.12

Component / Sub-component Applicability of OP 4.12

Component 1 - Land Policy and Institutional Strengthening

Strengthening the Land Policy, Regulatory and Institutional Framework a. The development and consultation of new laws and

regulations for key areas such as land survey, land registration, land valuation, and geodetic activities, including consideration of disaster risk and climate change in land survey and information management

b. Supporting the development of standard operation procedures (SOPs) and uniform service standards for MUDL, as well as related technical and field manuals.

N/A. Given the scope of the project, MUDL would not support activities including classification, allocation of land related issues with the existing Forests Land Law, Pasture and Grazing Land Law and Wildlife Land Law. Similarly, the project would not review or entails revision or update of the existing laws/regulations related to forest and other areas of natural resources.

Institutional and Technical Capacity Building a. The preparation of a professional and training needs

assessment related to land administration, including key areas such as land survey and land valuation;

b. The development of specialized curricula and learning modules for academic and training programs for technicians and professionals of MUDL and land agencies in general;

c. Provision of geo-spatial and training equipment to partner organizations (Polytechnic and Technical Institute)

d. Carrying out of training for MUDL staff on basic principles of climate-induced disaster risk management and the use of available risk information;

e. Preparation of a medium-term strategic staffing plan to support the operational needs of MUDL;

f. Undertaking South-South knowledge exchanges to facilitate relevant learning and sharing of experiences; and

g. Provision of support to the Afghanistan Surveyors Association for development of professional requirements and certification.

N/A. The Project supports training and capacity building activities under this component.

Public Awareness Raising, Communication and Citizen Engagement a. the carrying out of project-related public awareness and

communication activities, as reflected in MUDL’s Communication Strategy;

b. the implementation of an institutional Grievance Redress Mechanism(GRM), including MUDL’s offices in the selected areas, with capability for tracking of cases and their resolution; and

Provisions of the OP would be applicable with respect to stakeholder engagement, citizen feedback and Grievance Redressal Management


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c. the assessment, design, implementation and training on guidelines and procedures on alternative dispute resolution mechanisms.

Component 2 - Developing Technological Capacity, Information and Systems for Land Administration

Developing Geo-Information Infrastructure a. Supporting the establishment of Afghanistan’s

Geodetic Reference Network (AFPOS), including permanent GNSS stations, equipment and related works, and the preparation of a technical and financial sustainability plan;

b. the generation of orthophotography and vector base maps;

c. the strengthening of MUDL’s information communications technology (ICT), including an ICT Feasibility and Design Study, communications network, and connectivity between central and offices in the selected areas, a data center, and adjustments to underlying physical infrastructure of offices in the selected areas.

N/A. The Project supports under this component systems development, and ICT investments.

Designing and Implementing a Land Information System a. the preparation of a user needs study, design and

feasibility studies, and technical specifications; b. software development and testing of modules

comprising the LIS; c. the integration of the Afghanistan Land Pricing

Information System (ALPIS) into LIS; d. incorporation of available disaster risk information

by linking the existing disaster risk platform with the LIS; and

e. provision of hardware and training.

N/A. The Project supports systems development.

Supporting cadastral surveying and land registration in selected areas a. the surveying, adjudication and registration of

urban land parcels, including preparation of procedures, standards and technical manuals, field work, validation of results, and quality assurance;

b. the incorporation of information from surveying and registration in the Land Information System; and

c. the establishment of zonal land registration offices, including construction of facilities, equipment and training of personnel.

The systematic cadastral and registration activities are considered to be largely outside the purview of OP 4.12 as set forth in footnote 8 of this policy regarding disputes between private parties in land titling projects. The OP is applicable to build the infrastructure facilities for the project. Land included in the city plans have been transferred to MUDL by the municipalities. However, small parcels of land may be required for the offices.

Supporting Issuance of Occupancy Certificates.

a. Strengthening of MUDL capacity for issuing OCs, including provision of technical and other expertise, training, and equipment;

b. The carrying out of field work and collection and analysis of information;

c. Developing a database management system and digital archive of OCs; and

The OP is applicable. The potential adverse impacts with the implementation of the OC regulation are likely to arise from: (a) The broad principles, eligibility criteria and cut-off date will exclude people from accessing benefits on many accounts such as establishing that the settlement was 15 years prior to issue of the regulation (January 2017) and


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d. Strengthening of capacity of MUDL and municipalities to carry out valuation to support the OC process.

excluding those who occupy public land and water source areas: (b) Leaving lands that are included for planned development for 10 years without indicating the start and end date for considering the 10 years may create uncertainty during identification of which plot will fall within the planned area. (c) People may not be able to meet the cost towards documentation. (d) The occupant may not be able to pay the fair valuation or market valuation for land between 300 and 1,000 sq.m. Then the OC will be issued for the minimum 300 sq.m. The status quo of the balance area (between 300-500 or 500-1000 sq.m.) may be maintained and that creates a lot of uncertainty amongst the occupiers to bring it under any productive use; (e) Privately owned land may not have the traditional documents to establish ownership; (f) Occupiers of land above 1000 sq.m. will have to surrender land without compensation; (g) Structures may become unviable after surrendering the area beyond the threshold limit and lack of capacity of occupiers to meet the cost to purchase the area beyond the threshold limit; (h) The occupiers are required to surrender their right to be consulted if land in question is required for development purposes. This provision suggests that the occupiers will get “user rights”. Accordingly, the Resettlement Policy Framework has been developed for the project to assess risks and adverse impacts; mitigation plan to improve or at least restore the livelihood; stakeholder engagement; Grievance Management; institutional arrangement, monitoring systems and budget.

Component 3 - Project Management, Monitoring and Evaluation


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3.1 Supporting Project Management

i. the carrying out of the coordination, administrative, and social, environmental and fiduciary aspects of the Project; and

ii. the provision of training and the carrying out of workshops

The OP includes guidance on institutional mechanism and capacity support to implement the safeguard instrument prepared for the project i.e. RPF

3.2 Supporting Monitoring and Evaluation i. implementation of an institutional M&E system

with links to offices in the selected areas; ii. the carrying out of surveys and other activities

related to the measurement of the Project’s results framework; and

iii. the preparation of any required project reports, including the midterm review evaluation and final evaluation reports; as well as social assessments and required monitoring relevant to the OC issuance process.

The OP requires appropriate monitoring mechanism and reporting the implementation of the RPF and its compliance.

1.5 Resettlement Policy Framework This Resettlement Policy Framework for the Afghanistan Land Administration Systems Project (ALASP) is drawn in accordance with generally accepted and practiced principles of resettlement and rehabilitation. The framework comprises of the following sections:

a. Project Adverse Impacts b. Legal Framework (described in detail under Social Assessment) c. Gaps in RRUIP in comparison with The World Bank’s OP 4.12 d. Proposed Mitigation Measures e. Resettlement Principles and Definitions f. Citizen Engagement g. Grievance Redress

1.6 Objective of RPF The primary objective of this RPF is to provide better standard of living to the project affected families or at least restore their standard of living to that of before project. If the affected persons belong to Below Poverty Line (BPL) (Afs. 2,064/- per person per month as per Afghanistan Living Conditions Survey 2016-17) category before the project, then this RPF aims to bring them Above Poverty Line (APL). The other objectives of this RPF are to:

a. Avoid or minimize adverse impacts and risks where feasible, exploring all viable alternatives

b. Mitigate the adverse impacts and risks c. Establishes the eligibility criteria for settlement and household eligible for OC

and process to identify if the Household may be adversely affected due to loss of asset or livelihood, if any, with the issuance fo OC


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d. Assist affected persons in improving/ restoring their former living standards, income earning capacity and production levels, which were adversely affected to loss of land, asset, access, etc.

e. Provide assistance to affected people regardless of the legality of land tenure. f. Provide specific mitigation measures for loss of asset and livelihood if the

implementation of OC will lead to surrender of land. A Resettlement Action Plan will be prepared (if required) after validation and identification of the affected people after selection of the specific “settlement” to be covered under OC during implementation of the project. It will be approved, disclosed in local language in country and implemented in parallel with the issuance of the OC.

g. Encourage stakeholder engagement in planning and implementing resettlement

h. Lays out a robust Grievance Management. 1.7 Methodology The approach and methodology used for conducting this assignment is summarized below:

1. Literature Collection and Review 2. Desk Analysis 3. Tools (Household Survey Questionnaire and Community Consultation

Checklist) Preparation and Field Testing – Inception Report 4. Field Surveys - Primary Data Collection 5. Community Consultations through FGDs and KIIs 6. Data and Dialogue Analysis – Secondary Review Report 7. Stakeholder Consultation 8. Resettlement Policy Framework (RPF) Preparation – Draft Report 9. Revising Reports based on Comments and Suggestions 10. RPF Final Report Submission


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2 Profile and Perception Survey

2.1 Socio-Economic Profile (secondary and primary data) The analysis of the profile of Afghans, is derived from secondary and primary survey. Both the sources of information confirm that the conflict over the years has led to decrease in ownership of asset in urban areas. This indicates that the IDPs/Refugees are settling in comparative safer and more secured areas in Urban settlements. 2.2 Housing Tenure ALCS reports that the majority of Afghan households are owners (where they have a document to prove ownership) of the units where they live (around 87.2% in 2016-17 and 88.9% in 2013-14). The proportion of households who own a dwelling is considerably higher in rural areas than in urban areas (94.2 and 66.9 percent, respectively). The owned dwellings include inherited units, units provided by the family, purchased dwellings and dwellings constructed by the household. Within the group of households who own their dwelling, it is interesting to observe that the national percentage of inherited or constructed housing units has slightly decreased, and more so in urban areas, in comparison to the ALCS 2013-14 round, from 50.6% to 48.5%. As per ALCS 2016-17, the percentage of households living in constructed dwellings is higher for the rural population, in comparison with the urban population. AS per ALCS 2016-17, renting has increased and is more common in urban areas. At provincial level, Kabul presents an interesting characteristic: the percentage of households owning their dwelling is rather below the national average, about 64.9%. Indeed, 27.6% of Kabul households are renting the units where they live, showing a more ‘modern’ attitude than in other provinces. 2.3 Land Holding Size A disquieting underlying trend is the decreasing land size of households engaged in irrigation farming. Every successive NRVA/ ALCS survey reported smaller average plot sizes – from 6.7 jeribs in NRVA 2007-08 (1.3 ha.), to 4.9 jeribs (1.0 ha.) in ALCS 2016-17 – and larger proportions of small land holdings. The limited availability of arable land in combination with very high population growth inevitably results in increasing pressure on farm land and fragmentation of land holdings and is a likely contributor to the observed increasing poverty in the country. 2.4 Poverty Incidence Poverty rates increase steadily with household size and households of larger size are both more prevalent and face a higher poverty rate. Education (or the lack thereof) is another important correlate of poverty in Afghanistan. Low levels of educational attainment are pervasive and households with illiterate heads account for 74% of the population. These illiterate households face poverty rates of 63% on average, when


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compared to 40% poverty rates among households with literate heads. While unemployment of the head of household is correlated with higher poverty, employment is no guarantee against poverty. As per ALCS 2016-17, roughly half the population belonging to households with employed heads lives in poverty; few have access to productive or remunerative employment. Afghans living in households where the household head is employed in agriculture are likely to face higher poverty rates (63%) and account for a third of the poor population. More broadly, almost 60% of the population belongs to households where the head of household holds vulnerable employment, or in other words, is self-employed or works on own-account, is a day labourer or is an unpaid worker. 2.5 Information based on primary data 2.6 Average Monthly Income Table 1: Distribution of Families on the Basis of Average Monthly Income

City Less Than 5000

5000-10000

10000-20000

20000-30000

30000-50000

More than 50000

Grand Total

Herat 10% 20% 30% 15% 20% 5% 20

Jalalabad 50% 25% 20% - 5% - 20

Kandahar 25% 60% 15% - - - 20

Mazar-e-Sharif 40% 45% 15% - - - 20

Grand Total 25 30 16 3 5 1 80

% 31.3% 37.5% 20.0% 3.8% 6.3% 1.3% 100%

Among the sampled households, the households from Jalalabad, Kandahar and Mazar-e-Sharif have incomes upto Afn. 20,000/- per month. About 40% of the sampled households in Herat have income above Afn. 20,000/-. Table 2: Average Income of Different Income Groups

Row Labels

Less Than 5000

5000-10000

10000-20000

20000-30000

30000-50000

More than 50000

Grand Total

Herat 4000 6250 11167 20000 35000 80000 19000

Jalalabad 2550 5800 10500 - 35000 - 6575

Kandahar 3400 6500 10000 - - - 6250

Mazar-e-Sharif 3188 5556 11333 - - - 5475

Grand Total 3040 6067 10813 20000 35000 80000 9325

The average monthly income of sample households in Herat is Afn. 19,000/-, followed by Jalalabad (Afn. 6575), Kandahar (Afn. 6250) and Mazar-e-Sharif (Afn. 5475). Table 3: Average Monthly Income by Source

What are the sources of above income

Count %

Monthly Income

Avg. Monthly Income


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Agriculture 2 2.5% 11000 5500

Pension 3 3.8% 5500 1833

Wages 2 2.5% 12000 6000

Others 72 90% 682501 9479

Service 1 1.3% 35000 35000

Grand Total 80 100% 746001 9325

The average monthly income of the sampled households by source reveals that those in Service have highest monthly income (Afn 35,000) followed by Others (Afn 8479), Wages (Afn 6000), Agriculture (5500) and Pension (1833). 2.7 Ownership of Land Table 4: Duration of Ownership of Land

Name of City Less than 5 Years

5-10 Years

10-15 years

15-20 Years

More than 20 Years

Grand Total

Herat 15% 20% 15% 15% 35% 20

Jalalabad 15% 25% 10% 15% 35% 20

Kandahar 10% 15% 50% 20% 5% 20

Mazar-e-Sharif 5% 25% 40% 30% - 20

Grand Total 9 17 23 16 15 80

% 11.3% 21.3% 28.8% 20.0% 18.8% 100%

Most households (28.8%) informed that they own the land for the last 10-15 years, whereas 18.8% of them for more than 20 years. About 11.3% of the households claim that they own their land for less than 5 years. 2.8 Perception on the implementation of the processes to deliver OC. All the HH surveyed possess land and they have Urfi Qabala11 documents to support their ownership. The respondents inform that no one had ever had any boundary dispute with their neighbours. All the respondents except 2 respondents in Mazar-e-Sharif stated that the Surveys of land have been conducted. Survey was conducted by MUDL Office. Surveys were done using the measuring tapes and all the respondents were aware of the process. 2.9 Satisfaction with Land Surveys Table 5: Reasons for Satisfaction / Dissatisfaction from Land Surveys

Reasons for satisfaction/ Dissatisfaction Count % Cumulative

We will get legal document and would feel safe about ownership of the property 66 82.5% 47.5%

our land will be secured against the claims and disputes 6 7.5% 80.0%

11 Urfi Qabala is a property document given by property dealers issued by Ministry of Justice


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we will have the ownersh

government of the islamic republic of afghanistan · 2/6/2019 · other related activities in...

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