land acquisition and resettlement plan · public consultations, ala archa-frunzenskaya ohl, june...

Land Acquisition and Resettlement Plan

Project Number: 43456 July 2017

Kyrgyz Republic: Power Sector Improvement Project

Prepared by JSC “National Electric Grid of Kyrgyzstan” for the Asian Development Bank. This Land Acquisition and Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In Preparing any country program or strategy, financing any project or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development bank does not intend to make any judgments as to the legal or other status of any territory or area.

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CONTENTS

EXECUTIVE SUMMARY 7

I. INTRODUCTION 10

A. Background and Project Description 10 B. This Land Acquisition and Resettlement Plan 12

II. IMPACT ASSESSMENT AND DP/AH CENSUS 12

A. Impacts Assessment Activities 12 B. DPs Census and Impact Status 13

III. LEGAL FRAMEWORK AND RECONCILIATION WITH ADB REQUIREMENTS 15

A. Legal framework 15

B. Involuntary Resettlement Safeguards Requirements of ADB SPS 2009 19 C. Reconciliation with ADB requirements 21

D. Resettlement principles for the Project 26

IV. COMPENSATION ELIGIBILITY AND ENTITLEMENTS 26 A. Eligibility 26

B. Entitlements 26

V. SOCIO ECONOMIC SURVEY 27-29

VI. GRIEVANCE REDRESS MECHANISM 29

A. Grievance redress process 29

B. The local point of contact 29 C. Grievance redress groups 30

VII. CONSULTATIONS, PARTICIPATION AND DISCLOSURE 31

A. Public consultations 31 B. Disclosure 32

VIII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION 32

A. NEGK 32 B. Turnkey Contractor 33

C. LAR Commissions 33

D. Summary of institutional arrangements and implementation 33

IX. COMPENSATIONS AND RESETTLEMENT BUDGET 34

A. Compensation rates 34

B. Compensation cost assessments 35

X. MONITORING 36

A. LARP Implementation (Compliance) Report 36

B. Social safeguard monitoring 36

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List of Annexes

ANNEX 1: Pictures of technique and equipment will be used during stringing work

ANNEX 2: Description of LAR impacted areas on Ala Archa-Frunzenskaya OHL

ANNEX 3: Cut-off date announcement (clipping from newspaper)

ANNEX 4: Decrees on establishment of LAR Commissions

ANNEX 5: Confirmations of Local Authorities related to LAR impacted area, DPs and types of crops

ANNEX 6: Decisions on Establishment of Grievance Redress Mechanism

ANNEX 7: Materials of Public consultations within the project “Power Sector Improvement” (Ala Archa-Frunzenskaya OHL)

ANNEX 8: Resettlement Information Pamphlet ANNEX 9: LARP Preparation and Implementation Schedule for Ala Archa-Frunzenskaya OHL

within the Power Sector Improvement Project (RRP KGZ 43456-02)

ANNEX 10: DPs costs related to compensation issues (from Valuation report for Ala Archa-

Frunzenskaya OHL)

ANNEX 11: The total amount of compensation for Ala Archa-Frunzenskaya OHL in the

framework of the Power Sector Improvement Project (from Valuation report for Ala

Archa-Frunzenskaya OHL)

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List of Tables

Table 1. Entitlement Matrix

Table 2. Public Consultations, Ala Archa-Frunzenskaya OHL, June 2017

Table II.1 Information about affected areas and DPs on Ala Archa-Frunzenskaya OHL

Table II.2 Information on number of DPs by LAR affected types of crops on Ala Archa-

Frunzenskaya OHL

Table III.1 Comparison of LAR Provisions between ADB Policy and Kyrgyz Legislation

Table IV.1 Entitlement Matrix

Table V.1 Profile of LAR impacted areas in the context of districts

Table V.2 Ethnic composition of DPs by districts

Table VII.1 Public Consultations, Ala Archa-Frunzenskaya OHL, June 2017

Table VIII.1. Responsibility of involved agencies/parties

Table IX.1 Total budget for compensation

List of Figures

Figure 1: Location of OPGW

Figure 2: Example of Existing OHL Route

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Abbreviations

ADB Asian Development Bank AH Affected Household AMDA Automated metering and data acquisition system AA Ayil Aimak (Administrative-territorial unit, within which the

community carries out local self-government) CC Civil Code of the Kyrgyz Republic DP Displaced person GRG Grievance Redress Group LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LA Local Authority (Ayil Okmoty or Town administration) LC Land Code of the Kyrgyz Republic NEGK JSC “NatТonal ElectrТc GrТd of Kyrgyzstan” OPGW Optical ground wires OHL High-voltage power lines Project Power Sector Improvement Project SCADA Supervisory control and data acquisition system Turnkey Contractor BrancС “Ak-Ay ElektrТc DТs. TТcaret Koll STI” in Kyrgyz

Republic

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DEFINITION OF TERMS

Displaced Person (DP) / Affected Household (AH)

People affected by the Project through land acquisition, relocation, or loss of incomes and includes any person, household, firm, or public or private institution. AHs therefore include: (i) persons affected directly by the road corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons losing privately owned or used buildings and structures (residential dwellings and supplementary structures); (iii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iv) persons whose businesses are affected and who might experience loss of income due to the Land acquisition and Resettlement (LAR) impact; (v) persons who lose work/employment as a result of LAR impact; and (vi) people who lose access to community resources/property as a result of the Project. AH refers to number of entities (household, business) etc. while DP is the total number of individual people comprising the AH.

Compensation Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.

Cut-off date The date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of DPs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Detailed Measurement Survey (DMS)

The detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground.

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

Land acquisition The process whereby a person is compelled by a public

agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for compensation at replacement costs.

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EXECUTIVE SUMMARY

A. The Project and LAR Impacts

1. This Land Acquisition and Resettlement Plan (LARP) is prepared for Ala Archa-

Frunzenskaya OHL within the Power Sector Improvement Project (RRP KGZ-43456-02). There

are 9 high-voltage power lines in Chui region within the Project. The Ala Archa-Frunzenskaya

OHL with 108,8 km length is situated in Panfilov, Jayil, Moscow, Sokuluk and Alamudun districts

of Chui region. 2. OPGW will be pulled over existing transmission towers on existing lines, where temporary

impact on crops of 54 displaced persons (DP) is expected. Total impacted area is 4,6148

hectares. No land acquisition and resettlement are expected on this OHL.

B. Compensation Eligibility and Entitlements

3. The LARP defines compensation eligibility and entitlements to fit the requirements of the

ADB Safeguard Policy Statement (2009) and local law. All DPs, whose crops will be impacted durТng cТvТl works on tСe strТngТng of OPGW wТtСТn tСe Project “Power sector Тmprovement” are entitled to compensation.

4. The compensation entitlements for DPs by the Project are detailed in the Entitlement

Matrix in Table 1 below.

Table 1. Entitlement Matrix

Impact type

Eligible DPs Entitlements Notes

Crops All DPs (actual users of land: owners or tenants)

Compensation for:

1. One season harvest based on data from National Statistics Committee of the Kyrgyz Republic and market analysis.

2. DPs costs related to compensation issues.

Determined by evaluator. The sum of compensation depends on the size of land plot and type of the crop.

Compensation should be paid in accordance with the contract between NEGK and DP

5. Compensation eligibility is limited by setting of cut-off date as 9 June, 2017. DPs have the

right to get compensation for type of crop defined before this date.

C. Grievance Redress Mechanism

6. The grievance redress mechanism is available to allow DPs to appeal any disagreeable

decision related compensation. The GRM involves 3 stages appeals process as follows:

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Local level (Local Authority). The Grievance Redress Group (GRG) is established at local authority

level accordТng to Turnkey contractor’s order dated July 29, 2016, Ref.No.LNGK 73/15_102a. Commission consists of Representatives of Local Authority, Complainant and Turnkey contractor. The

grievances will be first lodged at the local authority (LA) level. The complainant will report his/her case to tСe Local PoТnt of Contact (LPC), wСo Тs offТcТally appoТnted to process DP’s querТes and complaТnts. GRG at local level consider and take a decision in 14 working days.

Central level (NEGK). If within 14 working days the grievance is still not resolved at local level, the

complaТnant wТll furtСer raТse tСe Тssue to NEGK’s GrТevance Redress CommТssТon (GRC) Тn BТsСkek, wСТcС Тs establТsСed accordТng to NEGK’s decТsТon dated May 22, 2014, Reg.No 154. GRC of NEGK will take a decision in 14 working days.

Court of law. If within additional 14 days the grievance is still not resolved at central level the

complainant can appeal the decision and bring the case to the local courts.

D. Consultation, Participation and Disclosure

7. To prepare this LARP, NEGK and Turnkey contractor conducted 5 meaningful public

consultations on 19 and 20 June 2017, where all DPs affected by Ala Archa-Frunzenskaya OHL

were invited. Details on number of participants in the relevant local authorities are provided in the

Table 2 below.


## Local Authority Location Date Number of participants

1 Frunze LA

Kurama LA

Orto LA

Voznesenovka LA

Panfilovka village,

Panvilov district, Chui

oblast, Kyrgyz Republic

19 June 2017 21

2

Kyzyl Dyikan LA

Petropavlovka village,

Jayil district, Chui oblast, Kyrgyz Republic

19 June 2017 11

3 Asylbash LA

Gavrilovka LA

Asylbash village, Sokuluk

district, Chui oblast,

Kyrgyz Republic

20 June 2017 18

4

Tosh Bulak LA

Tosh Bulak village,

Sokuluk district, Chui


20 June 2017 20

5 Baytik LA

Baytik village, Alamudun


Kyrgyz Republic

20 June 2017 8

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8. NEGK and Turnkey contractor conducted presentations on:

(i) Project’s information, including goal, benefits and duration;

(ii) OPGW work, especially short description of work and machinery will be used for work

spaces and under the line between the towers without sky wire;

(iii) LAR impact, method of calculation of compensation, crop yield, cost structure;

(iv) Grievance redress mechanism, Local Point of Contact and Grievance Registration

Logbook.

9. During public consultations, the questions were raised regarding the following:

(i) Compensation issues: amount of compensation, who will pay, who can get the

compensation?

(ii) Contractor: who will install the OPGW?;

(iii) Duration for compensation payments and civil work.

All questions raised during public consultations were provided with sufficient answers. Detailed

information about Public consultations, including list of questions and answers, is given in the

special section VII. Consultations, participation and disclosure.

10. This LARP will be disclosed in English and Russian languages on the ADB website and in

RussТan on NEGK’s websТte. TСe Resettlement Information Pamphlet was disclosed on NEGK

website and distributed both in Russian and Kyrgyz languages to all DPs and LA prior to the public consultations.

E. Budget and Financing

The compensation calculations were made based on the results of Detailed Measurement Survey.

Valuation date is 3 June 2017. According to the results of the Valuation Report in Annex 11

hereto, total budget of compensation for Ala Archa-Frunzenskaya OHL is 230334.00 (Two

hundred thirty thousand three hundred thirty four) soms or 3378.80 (Three thousand three

hundred seventy eight) US dollars and eighty cents.

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I. INTRODUCTION

A. Background and Project Description

1. The Kyrgyz Republic received a loan from the Asian Development Bank (ADB) to implement the Power Sector Improvement Project (tСe Project). JSC “NatТonal ElectrТc GrТd of Kyrgyzstan” (NEGK) Тs tСe executТng agency (EA). Total project cost Тs estТmated at $56.0 million of which ADB will finance $44.8 million from its resources. The Project commencement date is 08.12.2010 and completion date is 12.12.2017.

2. Project's impact is improved reliability of national and regional power supply in the Kyrgyz Republic and Central Asia. The outcome is the improved operational efficiency of the power companies.

3. Project's physical outputs are:

(i) Automated Metering and Data Acquisition System (AMDA) will bring transparency to wholesale electricity transaction between the unbundled power companies1 as well as in regional

power trade. AMDA will eliminate errors and rampant metering data manipulation, untraceable

using the current archaic technology. Commercial loss is estimated at 40%. Loss reduction will

make more power available domestically and improve the financial performance of the power companies. Accurate power flow data is indispensable to improve commercial performance. The

system also supports regional power trade through (i) meeting the CAPS metering accuracy

requirement, and (ii) eliminating unauthorized exports.

(ii) Substation Rehabilitation. This will improve reliability of system by replacing dilapidated circuit-

breakers and instrument transformers that have reached their economic lives, are technologically

obsolete, or do not meet the accuracy requirement for regional power trade. Since the Kyrgyz

system is intricately interconnected with the CAPS, rehabilitation increases reliability of the regional system and underpins regional power trade.

(iii) Communications and Supervisory Control and Data Acquisition (SCADA).This will link seven major substations and the control centers via optical fiber. This enables the system

operator to make efficient dispatching based on real-time data. SCADA will reduce technical

losses through avoidance of overloading, and enable faster detection and restoration of faults.

The system improves overall efficiency and reliability of the system and CAPS.

4. Equipment installation for establishing AMDA and rehabilitating the substations are

implemented inside the premises of existing substations, and therefore do not entail any land

acquisition and resettlement (LAR).

5. The development of the modern communication system for the SCADA involves (i)

stringing of optical ground wires (OPGW) on existing transmission lines, and (ii) laying of

underground optical fiber cables. The modern communication system will focus only in the north of the country in Chui Oblast (region). The estimated length of OPGW is 552 km and underground

cable is 20 km.

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Figure 1. Location of OPGW

6. OPGW is strung over existing transmission towers on existing transmission lines which are

located mostly on agricultural land or barren land. Hydraulic conductor stringing -puller are used for stringing the OPGW. Pictures of machinery and equipment will be used are attached. (Annex

1).

7. This activity requires work space and access, and involves temporary crop damage since most of the existing transmission towers are located on agricultural land (please see Google Earth

image below). Since the transmission towers already exist, permanent land acquisition and

resettlement are not expected.

Figure 2. Example of Existing OHL Route

8. Example of Existing OHL with LAR impact is shown in the Figure 2 above. OHL is marked in

blue, LAR impacted area – in red and existing access road – in green.

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B. This Land Acquisition and Resettlement Plan

9. TСe Project Тs classТfТed as Category B Тn accordance wТtС ADB’s Safeguard PolТcy Statement 2009 because all DPs experience only temporary impact and nobody is physically

displaced. There are 9 high-voltage power lines (OHL) in Chui region within the Project. Decision

on preparation of LARP for each of 9 OHL was taken after discussions with NEGK Turnkey contractor and ADB. Ala Archa-Frunzenskaya OHL with 108,8 km length is situated in Panfilov,

Jayil, Moscow, Sokuluk and Alamudun districts of Chui region.

10. To fit the requirements of the ADB Safeguard Policy Statement (2009), NEGK with turnkey contractor has prepared the Land Acquisition and Resettlement Plan (LARP) for Ala Archa-

Frunzenskaya OHL, detailing Land Acquisition and Resettlement (LAR) impacts, compensation

entitlements, mechanisms and procedures.

11. A temporary crop damage has been defined during detailed design for stringing OPGW,

supply and installation of the equipment works. According to the detailed design, there are 28

work spaces on Ala Archa-Frunzenskaya OHL, also distance under line between towers without

sky wire along the line.

As a result of detailed measurement survey (DMS) it was defined the following. Agricultural land

with LAR impact was defined in:

4 Ayil Aimaks of Panfilov district;

1 Ayil Aimak of Jayil district;

3 Ayil Aimaks of Sokuluk district;

1 Ayil Aimak of Alamudun district.

Description of LAR impacted areas is attached in Annex 2 hereto.

12. The LARP is reviewed by the Project Implementation Unit (PIU) of NEGK, approved by NEGK

and endorsed by ADB. On-site installation works shall not commence until the endorsed LARP is fully implemented, LARP Implementation (Compliance) Report approved and no objection to start

the works is provided by ADB.

II. IMPACT ASSESSEMENT AND DP/AH CENSUS

A. Impacts Assessment Activities

13. The impacts assessment for the LARP was carried out from 3 May 2017 to 5 June 2017. Date

of valuation is 3 June 2017. Cut-off date for Impacts and compensation eligibility is defined as date of announcement Тn newspaper “Slovo Kyrgyzstana” and NEGK’s web sТte. Cut-off date is 9

June 2017. lipping from newspaper is attached (Annex 3). LAR impacts occurred or detected

after this date will be handled by the Grievance Redress Group (GRG) and compensated if found

valid and eligible by the GRG.

14. To define the list of DPs and types of losses members of LAR commissions were involved.

LAR commissions were established according to decrees of Alamudun, Sokuluk, Moscow, Jayil and Panfilov dТstrТcts’ state administrations dated accordingly of 14 March 2016, Reg.No 67-р, 10

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March 2016, Reg.No 59-p, 16 March 2016, Reg.No 53-p, 16 March 2016, Reg.No 63-р and 16

March 2016, Reg.No 42-p. The commission consists of the representatives of District state

administration, NEGK, Local Registration Office, Department on Agrarian Development,

Department on Construction and Architecture, Forest structure and LA (Annex 4).

15. Turnkey contractor conducted detailed measurement survey (DMS) with LAR Commissions

and prepared Census of AHs/DPs whose properties are affected by the project activities. This

work included:

(i) DefТne Тmpact zones togetСer wТtС turnkey contractor’s EngТneer: work space around the tower and access road to the tower; strip of land under line between the towers without sky wires.

(ii) Visit impact zones together with representatives of LA/member of LAR Commissions and DP for identification measurements, definition of type of crops.

(iii) Confirmation of actual land users by LA.

B. DPs Census and Impact Status

16. The 54 DPs have LAR impacts on Ala Archa-Frunzenskaya OHL. DPs’ lands are situated in 9

Ayil Aimaks of Panfilov, Jayil, Moscow, Sokuluk and Alamudun districts of Chui region.

Confirmations from Local Authorities approved by Head of Local Authorities – members of LAR

commissions related to LAR impact area, DPs and type of crops are attached (Annex 5).

Table II.1 provides information about the affected areas in the context of LA (Ayil Okmotu) on Ala

Archa-Frunzenskaya OHL.

Table II.1 Information about affected areas and DPs

on Ala Archa-Frunzenskaya OHL

№

Name of Local

Authority

Number

of DPs

Work places including

access road

Passage (5 meter)

between towers

Quantity of

towers,

units.

The

affected

area, ha

Number

of towers

The

affected

area, ha

1 Frunze LA Panfilov district

2 - - 67-70 0.3060

2 Kurama LA

Panfilov district 7 - - 76-85 0.4975

3 Orto LA Panfilov

district 3 - - 97-133 0.1360

4 Voznesenovka LA Panfilov district

3 - - 135-139 0.1375

5 Kyzyl-Dyikan LA 5 - - 201-209 0.4485

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Jayil district

6 Asylbash LA

Sokuluk district 15 1 ( 262) 0.1600 216-276 0.8325

7 Tosh-Bulak LA

Sokuluk district 14 1 ( 306) 0.1600 297-310 0.5918

8 Gavrilovka LA

Sokuluk district 1 - - 328-329 0.1000

9 Baytik LA

Alamudun district 4 1 ( 361) 0.1600 355-364 1.0850

Total 54 3 0.4800 4.1348

Total land area having a temporary impact on crops during works conducted for stringing of

OPGW on Ala Archa-Frunzenskaya OHL is 4,6148 hectares.

17. Table II.2 provide an information on LAR affected types of crops in the context of LA.

Table II.2 Information on number of DPs by LAR affected types of crops

on Ala Archa-Frunzenskaya OHL

# Name of local

authorities

Number of DPs by type of crops

Wh

eat

Ba

rle

y

Be

ets

Cu

cu

mb

er

Ra

sp

be

rry

Co

rn

Clo

ve

r

Sa

info

in

Ha

yfi

eld

s

1 Frunze LA

Panfilov district 1 1 1

2 Kurama LA Panfilov district

3 2 2

3 Orto LA

Panfilov district 2 1

4 Voznesenovka LA

Panfilov district 1 1 1 1

5 Kyzyl-Dyikan LA Jayil district

1 2 3

6 Asylbash LA

Sokuluk district 1 15

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7 Tosh-Bulak LA

Sokuluk district 1 1 2 13

8 Gavrilovka LA

Sokuluk district 1

9 Baytik LA Alamudun district

3 2

Total 3 6 3 1 1 3 7 7 31

III. LEGAL FRAMEWORK AND RECONCILIATION WITH ADB REQUIREMENTS

A. Legal Framework of the Kyrgyz Republic

18. The legal framework of the Project is based on the legislation of the Kyrgyz Republic related to Land AcquТsТtТon and Resettlement (LAR) and ADB’s Safeguard PolТcy Statement (2009), (ADB SPS (2009)). A.1. Enforcement of the Financing Agreement and ADB SPS 2009 in the Kyrgyz Republic 19. Constitution of the Kyrgyz Republic is the principal and supreme law to which all other Kyrgyz laws must conform. According to the Constitution, international agreements to which the Kyrgyz Republic is a party that have entered into force under the established legal procedure shall be the constituent part of the legal system of the Kyrgyz Republic. Order and Conditions of application of international agreements [treaties] and international human rights principles and treaties shall be defined by laws1. Enforcement of an international agreement may be done through its signing, exchange of notes and letters, ratification, approval, accession to an international agreement, or other way agreed by the parties of such international agreement2. 20. The Financing Agreement for Power Sector Improvement Project between Kyrgyz Republic and Asian Development Bank dated of 8 December 2010 enforcing LAR requirements under ADB SPS 2009 has been enforced though its ratification by the Law of the Kyrgyz Republic dated of 16 May 20113 (Financing Agreement) as international agreements providing other rules than the rules provided in the constitutional laws, codes or laws of the Kyrgyz Republic has to be ratified. 21. One of the provisions in the Financing Agreement that provide other rules than the rules provided in the legislation of the Kyrgyz Republic is para 6 of Schedule 5 of the Financing Agreement, which requires:

1 Part 3 of Article 6 of the Constitution of the Kyrgyz Republic dated of 27 June 2010 (last amended on 1 December 2017). 2 Article 5 of the Law of the Kyrgyz Republic on International Agreements dated of 24 April 2014, last amended 27 |March 2017. 3 For the purpose of this legal analysis, the given reason has be identified as a requirement for ratification of the Financing

Agreement. However, please note, that the Financing Agreement has been ratified due to enforcement of financial obligations to

the state budget and other reasons provided in the Article 11 of the Law of the Kyrgyz Republic on International Agreements

dated of 24 April 2014, last amended 27 March 2017.

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“The Beneficiary, through NEGK, shall ensure that Project implementation shall not involve any land acquisition and/or resettlement impacts within the meaning of ADB’s Safeguard Policy Statement (2009), with the exception of limited crop compensation for temporary land acquisition to be identified in the detailed design and implementation of Part 1(c) of the Project where the compensation shall be carried out in accordance with ADB’s Safeguard Policy Statement (2009), the LARF, the LARP (to be prepared and agreed upon between the Beneficiary and ADB) and applicable laws and regulations of the Beneficiary. NEGK shall ensure that: (a) the compensation shall be based on the prevailing market rates for the crops; (b) sufficient budgetary resources are allocated for the compensation; and (c) on-site installation work under Part 1(c) of the Project shall not commence until the LARP has been implemented by NEGK, including full compensation to all affected persons by NEGK.” 22. As the Financing agreement has been ratified the law indicated above, requirements of ADB SPS 2009, including the Involuntary Resettlement Safeguards shall be required for implementation in the Project within the legal framework of the Kyrgyz Republic. A.2 LAR Legal Framework of the Kyrgyz Republic 23. Legal framework of the Kyrgyz Republic consists of the following normative legal acts having the listed enforcement hierarchy4: - Constitution of the Kyrgyz Republic, law introducing amendments and additions to the Constitution; - Constitutional Law; - Code; - Law; - Decree of the President; - Resolution of the Parliament; - Resolution of the Government; - Acts of National Bank; Central Commission on Elections and Conducting Referendum; - Normative legal acts of state authorities having the delegated legislative authority with the relevant act; - Normative legal acts of representative LA. A.2.1 Constitution 24. The Constitution of the Kyrgyz Republic provides that: (i) The Kyrgyz Republic recognizes diversity of ownership forms and guarantees equal legal protection to private, state, municipal and other types of ownership (Article 12, Clause 1). (ii) Land can be in private, municipal or other types of ownership with an exception of pasture lands that cannot be held in private ownership (Article 12, Clause 5). (iii) Ownership is inviolable and no one can be dispossessed of its property arbitrarily. The property can be acquТred by tСe state agaТnst tСe person’s (party’s) wТll only based on tСe court’s ruling (Article 12, Clause 2)

4 Article 3 of the Law of the Kyrgyz Republic on Normative Legal Acts dated of 20 July 2009, last amended on 29 December 2016.

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(iv) Acquisition of property for public purposes, as defined in the national laws, can be carried out only tСrougС tСe court’s rulТng and wТtС tСe faТr and prТor payment of tСe compensatТon for tСe affected property as well as other costs (Article 12, Clause 2).

A.2.2 Civil Code 25. The Civil Code. Part 1 (dated of 8 May 1996; last amended on 8 June 2017) provides that: a party whose rights are violated can claim full compensation for its losses, unless the national legislation or agreements (contracts) prepared in line with the national legislation indicate the contrary (Article 14, Clause 1). The Civil Code also specifies that compensable losses include: (i) Costs tСat tСe party concerned Сas Тncurred or was goТng to Тncur for reТnstatТng tСe party’s violated right (Article 14, Clause 2); (ii) Losses or damages of the property (Article 14, Clause 2); and (iii) Lost profit that the party was supposed to receive under the normal conditions, if the party’s rТgСts were not vТolated (opportunТty costs) (ArtТcle 14, Clause 2).

A.2.3 Land Code

26. The Land Code (dated of 2 June 1999; last amended on 1 June 2017) provides that:

(i) Land can be acquired (purchased) for state and public purposes based on agreement between the authorized body and land owner or land user. In case the land owner or land user disagrees with the acquisition (purchase), the authorized body can within 2 months turn to the court with the request to carry out the acquisition with the payment to the owner or land user the compensation for the land (Article 68, Clause 1)5. (ii) When determining the compensation for the land being acquired, it (compensation) should reflect the market value of the right to the land and associated structures, losses that the land owner or land user incurs and liabilities to the third parties (Article 68, Clause 3). (iii) When acquiring the land for state or public purposes with the consent of the land owner or land user, owner\user can be allocated replacement land with the value of this land to be counted towards compensation for the land acquired (Article 68, Clause 4). (iv) The Land Code specifies instances when the right to the land and associated structures can be terminated. These include: a) Failure to use the land according to its targeted purpose6; b) Land needed for state or public purposes; c) Non-use of land provided for agricultural use for three years; d) Failure to use land provided for non-agricultural purposes for the period indicated in the original provision; e) Non-payment of land taxes;

5 There are certain exceptions to application of this mechanism, such as land plots provided for servicing a housing

building and for private subsidiary farming shall not be involuntarily resettled for state, municipal and public needs per Part 6 of

Article 32 of the Land Code of the Kyrgyz Republic dated of 2 June 1999; last amended on 1 June 2017.

6 The use of land according to its targeted purpose is the use of the land according to the purposes specified in the title, lease

agreement, or other officially endorsed documents (Article 2, Clause 30, Land Code 1999). The rights to the land can be

terminated in case of failure to use the land according to its targeted purpose. The termination of rights, however, can be ruled

only by the court (Article 67, Clause 1, Land Code 1999).

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f) Non-payment of social taxes; g) Annulment of lТcense for mТnТng on tСe basТs of tСe Kyrgyz RepublТc’s mining law. 27. A court decision is required to officially terminate the rights to land and associated structures

for instances 1 through 4.The acquisition of the land under instances 1 through 4 (above) can be effected only after compensating the costs of the rights termination and associated costs (Article

49, Clause 4).

28. According to Article 49, Clause 1, unless the legislation, land title or lease contract indicates the contrary, the land owners or user can has the right to: (i) Use land based on owner’s/user’s own dТscretТon and Тn accordance to tСe targeted purpose of the land (Article 49, Clause 1, sub-Clause 1) (ii) Build structures on the land, according to its targeted purpose, following the established procedures and meeting architectural, construction, environmental, sanitary, fire safety and other requirements (Article 49, Clause 1, sub-Clause 6) (iii) Claim compensation for losses suffered, as specified by the Kyrgyz Republic legislation (Article 49, Clause 1, sub-Clause 5.) 29. Finally, the Land Code (Article 78, Clause 2) specifies the use regime with regards to the lands of common use. It particularly indicates that lands of common use in

settlements/towns/villages (e.g. roads, streets, squares, sidewalks, driveways, park bands,

boulevards, mini parks, water bodies, etc.) cannot be in private ownership, and only in exceptional

instances can be rented by the authorized state body to legal entities and individuals for maximum of 5 years. The authorized state body may permit construction of light (not capital) structures on

lands of common use (Clause 78, Clause 3).

A.2.4. Law on State Registration of Property Rights and Associated Transactions (26 November 1998, last amended on 10 February 2017) 30. The law provides that the State recognizes and protects the property rights and encumbrances, which are registered following the legally established procedures (Chapter 1, Article 1, Clause 1). Any right establishing document or document that relates to the property rights or encumbrances should be registered within 30 days since the abovementioned document was produced or prepared (Chapter 1, Article 7, Clause 1). The property rights and encumbrances which are subject to the mandatory registration include (Chapter 1, Article 4): (i) Ownership rights; (ii) Management rights; (iii) Use rights; (iv) Perpetual (term less) right for the land plot; (v) Property rights arising from the mortgage or collateral related obligations; (vi) Temporary rights, lease or sub-lease for a period of 3 or more years; (vii) Servitudes; (viii) Encumbrances on property rights related to designing, construction, and maintenance of the property; (ix) Property rights arising from the court decisions; (x) Rights to use the national resources; (xi) Rights arising from the legalization of the property.

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31. The property rights, which are not subject to the registration, but are recognized and

protected by the State include (Chapter 1, Article 6):

(i) Access rights to the communication lines, pipelines, geodesic localities, and other pieces of infrastructure meant for the public purpose; (ii) Rights of spouses, children, and other individuals; (iii) Temporary rights, lease or sub-lease for a period of under 3 years; (iv) Actual use rights for the primary or preferential use of the property; (v) Rights arising from the taxation requirements; (vi) Encumbrances arising from the common rules on healthcare, public safety, environmental protection etc. A.2.5 Law on Grievances (dated of 4 May 2007, last amended on 27 July 2016) 32. The Law on Grievances (23 March 2007, last amended on 27 July 2016) provides that the grievance from the Kyrgyz Republic citizens should be registered, given due consideration, and

adjusted in an equitable, timely and accountable manner (Article 2 and 4). The grievance

registered with the state agency or the local government should be processed within no more than

30 days (Article 8). For the grievance to be given due consideration, it should be filed in written, showcasing the substance of the complaint and, if necessary, supported by the relevant

documentation (Article 4 and 5). The grievance submitted should be processed and resolved

strictly following the relevant national laws and regulations (Article 11).

A.2.6 Regulation on Assets Valuation 33. The valuation of the assets is carried out on the basis of the Temporary rules for the

valuators and valuation companies (Government Resolution, as of 21 August 2003, # 537, last amended on 3 December 2012 # 807), Valuation standards for the valuators (Government

Resolution, 03 April 2006, # 217, last amended on 15 November 2016 # 593) and other provisions

of national legislation.

B. Involuntary Resettlement Safeguards Requirements of ADB SPS 2009

34. TСe tСree Тmportant elements of ADB’s Тnvoluntary resettlement polТcy are (Т) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the project cycle, taking into account the following 12 key policy principles for IR. These can be summarized as follows:

(i) Screen the project early on to determine past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, related to resettlement impacts and risks.

(ii) Carry our meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and

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evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and resolve the affected persons’ concerns. Support tСe socТal and cultural ТnstТtutТons of dТsplaced persons and tСeТr host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

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

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

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

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

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

(viii) Prepare a resettlement plan elaboratТng on dТsplaced persons’ entТtlements, tСe Тncome and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

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

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

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

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

35. The ADB SPS 2009 distinguishes three categories of displaced persons, with variable

compensation needs:

(i) DPs with formal rights: DPs with formal legal rights to land lost in its entirety or in part; (ii) DPs with semi-formal rights: DPs without formal legal rights to land lost in its entirety or part but who have claims to such lands that are recognized or are recognizable under national law and; (iii) DPs with no formal rights: DPs who have neither formal legal rights nor recognized/recognizable claims to land lost in its entirety or in part.

36. For categories (i) and (ii) above, borrowers are expected to provide compensation at full

replacement cost for lost land, structures, land improvements and relocation assistance. For DPs in category (iii) (informal settlers), the borrower/client is expected to compensate all assets other

than land (i.e. buildings, trees, crops, businesses) at full replacement cost. The risk of

opportunistic encroachment on land designated for acquisition by the project is managed through

a cut-off date.

37. Compensation for lost land may be in form of replacement land (preferable if feasible) or in

casС. WСen “land for land” compensatТon Тs not feasТble casС compensatТon can be valued based on market rates or, in absence of land markets, through other methods (i.e. land productivity or

reproduction costs)7. Independently from the valuation method used compensation is to be provТded at “full replacement cost”. TСТs Тncludes: (Т) transactТon costs; (ТТ) Тnterest accrued; (ТТТ) transitional and restoration costs; and (iv) other applicable payments, if any. Compensation for all

other assets is to be provided in cash at replacement cost without deductions for amortization,

salvaged materials and transaction costs.

C. RECONCILIATION WITH ADB REQUIREMENTS (GAP Analysis)

38. The Table III.1 Comparison of LAR Provisions between ADB Policy and Kyrgyz

Legislation below summarizes the gaps between the IR requirements of the ADB SPS 2009 and

7 Based on the SPS (Appendix 2, para. 10) in absence of well established land markets land compensation will be provided based

on a thorough study of the land transaction, use, cultivation and productivity patterns in project areas. One method accepted by

ADB in such a situations would be to provide land compensation ased on land produ tivity or land reprodu tion osts.”

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of the Kyrgyz laws and regulations through a direct comparison. The exercise takes into

consideration both formal principles (principles) and the way these principles are applied in

practice by ADB and the Government (application). This table also specifies the reconciliation needs per that were addressed in the Entitlement Matrix provided in the Chapter IV hereto.

Table III.1 Comparison of LAR Provisions between ADB Policy and Kyrgyz Legislation

Impact/Issue ADB SPS (2009) and ADB practice for application*

Kyrgyz Republic Reconciliation Needs

1. Livelihood rehabilitation

ADB Policy requires rehabilitation/ improvement of AP livelihood standards.

Notion of livelihood rehabilitation not sanctioned by national law.

No Policy reconciliation needs. Application already reconciled in previous ADB projects but to be formalized regarding indirect/livelihood impacts rehabilitation..

2. Compensation entitlements

A. DPs with formal title have to be compensated for lost land/other assets. B. DPs with formalizable title have right to be compensated for lost land and assets after the EAs helps them in legalizing their assets. C. DPs with no legal title are compensated for lost non-land assets.

A. DPs with formal title are compensated for lost land/other assets. B/C. DPs with legalizable or no legal title. Legalizable are not distinguished and considered non-legal as legalization is a burden of the DPs. Non-legal DPs have no right to be compensated for land and non-land assets.

A. Same in principle/ application. No reconciliation needed B/C. Critically different in principle and application. Application already reconciled in previous ADB projects but .formal Reconciliation on both counts through a Decree for ADB projects is needed.

3. Compensation

A. Permanent loss of land. Replacement land as preferred option or cash compensation at full market rate. At least for legal/legalizable DPs. B. Replacement of leased land. Based on replacement of lost income through cash compensation of gross income x the remaining lease years or through a replacement land lease C.Loss of structures/ buildings. Cash

A. Permanent loss of land. Cash compensation at market rate or replacement land for legal/ legalizable DPs. B. Replacement of leased land. Based on lease replacement. C.Loss of structures/buildings. Cash

A. Same in principle/ application. Technical improvement of valuation mechanisms/process needed. B. Same in principle. Application to be further improved. No reconciliation needed but a method to replace the lease in cash is needed. To be reflected through an instruction for ADB projects. C. Different in policy and application. Informally reconciled

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compensation at replacement cost for lost item free of depreciation, transaction costs, other deductions D.Loss of indirectly affected items. Non affected parts of an asset no longer usable after impact will have to be compensated as well. E. Business losses. Reimbursement of actual losses + business re-establishment costs. For application based on tax declared income for period of business stoppage. In absence of tax declaration based on maximum non-taxable salary. F. Loss of wood/unproductive trees. Irrespective of legal land occupancy status compensation at market rate. Application based on tree type/ wood volume or other methods ensuring AP rehabilitation. G. Loss of productive trees. Compensation at replacement cost based for application on various methods: tree reproduction cost, income lost (x tree type x market value of 1 year income x full production years lost). H.Loss of crops.

compensation at market rate deduced of depreciation. D.Loss of indirectly affected assets. Law is silent on how to compensate when only part of the land is to be taken. E. Loss of business. Cash compensation at market value for all damages/ opportunity costs incurred. Burden of proving opportunity costs rests on the DP based on recognized documented evidence but no clear methodology. F. Loss of wood/unproductive. trees. Mandate in general terms by the law but often not provide as leaving the salvaged timber to the DPs is equated with compensation. G. Loss of productive trees. Mandate by law but selectively applied depending on situation. Valuation standards differ from SPS standards. H.Loss of crops. Mandated by

in previous projects but formal application reconciliation by a Decree x ADB projects needed. D. The Kyrgyz Republic law is silent on this point. While no reconciliation is needed the point needs to be clearly agreed and sanctioned through a Decree for ADB projects. E. Same in principle but ADB does not consider opportunity cost. Application reconciliation needed to define a clear methodology and distinguish short- and long- term losses. F. Same in principle, different in application. Already adjusted for previous ADB projects but Application reconciliation is needed through a decree for ADB projects ensuring that also cash compensation is provided by default. G. Same in principle different in application. Already adjusted for previous ADB projects. Application reconciliation needed through a decree for ADB projects ensuring systematic law implementation and use of valuation standards fitting SPS. H.As above.

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Compensation of crop in cash at market price. I. Loss of jobs. Indemnity for lost income ensuring DP rehabilitation. Based for application on stoppage period up to a maximum of 12 months of declared salary (formal employees) or minimum salary (informal employees.) Compensation directly disbursed to DPs.

law (Art. 14 of Civil Code of KR) but selectively applied. I. Loss of jobs. Compensation for loss of employment equal to 3 months average salary + severance pay worth at least 2 months average salary. Compensation provided by employer and then reimbursed by EA.

I. Same in principle but different in implementation. Application reconciliation needed through a Decree for ADB projects establishing mechanisms to asses temporary/permanent income loss indemnity of both formal and informal employees and guaranteeing direct disbursement to the DPs.

4. LAR Planning, assessment and valuation of impacts

A.Resettlement Plan (LARP). LARP preparation includes: a) impacts assessment/DP census; b) definition of entitlements, income/livelihood restoration strategy, compliance & grievance mechanisms, institutional arrangements; c) consultation results; d) monitoring schemes; e) budget and implementation schedule. RP requires the following surveys: i.Measurement survey. Measures all affected items. ii.DP Census. Identifies all DPs and establishes legitimate beneficiaries based on legal status. iii. Socio-economic survey. Provides background information on DP’ socТo-economic features. iv.Valuation survey a) Land: If land market exist based on a survey of recent transactions; without

A. Resettlement Plan. There are no requirements to prepare integrated and stand-alone LARPs. LAR planning entails similar but less extensive/simpler assessment/survey efforts than ADB Policy, as detailed below: i.Measurement survey. Land and buildings impacts measured. Other impacts identified but not measured. ii. DPs Identification. Identifies only legal DPs iii.Socio-economic survey. No comparable requirements exist. iv.Valuation survey a) Land: valued at market rate based on a transactions survey. Valuation includes transaction costs/third party liabilities. b) Buildings and structures.

A. Partly different in principle and application. No reconciliation needed as law/regulation is silent on this matter and SPS requirements have been already applied in previous ADB projects. Still, clear instructions regarding ADB projects ensuring the measurement of all impacts and the counting of all DP are needed for mainstreaming purposes. i. Detailed Measurement Surveys to be mainstreamed for all impacts. ii. Detailed count of individuals to be mainstreamed. iii. The execution of the survey is to be mainstreamed. iv.Valuation survey a) Same in principle/application; . b) Already reconciled for previous ADB projects but Formal reconciliation needed. c) Already reconciled for

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land market based on land productivity/ income; b) Buildings and structures. Replacement cost of materials, labor and transport and special features of building/structure without discounting depreciation, salvaged materials and transaction costs; c) Trees/crops. Based on the methodology detailed in section 2.

Market value of materials, labor, transport and special building features but discounted for depreciation, salvaged materials or transaction costs. c) Trees/crops. If compensated is provided based on the methodology detailed in section 3H or based on an agreed lump sum.

previous ADB projects but Formal reconciliation needed(See 3.H. above.) Detailed valuation for each tree based on SPS requirements to be mainstreamed.

5. Procedural mechanisms

A. Information disclosure. Resettlement-related documents to be timely disclosed in the DP language. B.Public consultation. Meaningful public consultations are to be held with the DPs. DPs should be informed about their entitlements and options, as well as resettlement alternatives C. Grievance procedure. A Grievance Redress Mechanism (GRM) is to be established for each project. I information on GRM to be communicated to the DPs D. Asset acquisition conditions. Property can be acquired only after full compensation is paid to the DPs

A. Information disclosure. No disclosure requirement exists. B. Public consultation. Matters of local importance to be publicly discussed with local authorities. But no requirement to consult directly the DPs C. Grievance Procedures. Each state agency/ministry should define a process for registering and reviewing the concerns and claims from citizens. D. Asset acquisition conditions. Property can be acquired only after full compensation is paid to DPs

A. Different in principle and application. Already reconciled for ADB projects. B. Same in principle but different in application. Already reconciled for ADB projects. Better application needed. C. Same in principle but different in application. Already reconciled for ADB projects. Better application needed. D. Same in principle, but unsystematic in application. Application to be improved.

6. Assistance to vulnerable and severely affected DP

A. These DPs are to be identified and special assistance is provided to restore/ improve their pre-

A. No special consideration is given to these DPs.

A. Critically different in principle/ application. Permanent reconciliation through a decree for ADB projects needed.

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project level of livelihoods.

* As applied in ADB Resettlement Plans in the Kyrgyz Republic

D. Resettlement Principles for the Project

39. Based on the above analysis of national legislation provisions and ADB policy, the broad resettlement principles for this Project shall be the following:

(i) DP impacts must be avoided or minimized as much as possible;

(ii) If impacts are unavoidable, the DPs will be identified and assisted in improving or regaining their standard living;

(iii) Information on the preparation /implementation of a LARP will be disclosed to all DPs and

people’s partТcТpatТon wТll be ensured Тn plannТng and Тmplementation.

(iv) Land acquisition for the project will be done as per Kyrgyz Legislation and ADB policy. Additional support would be extended for meeting the replacement value of the losses. Lack of formal legal land title should not be a bar to compensation

(v) An entitlement matrix for different categories of DPs has been prepared and provisions will be kept in the budget for those who were not present at the time of census survey.

However, people moving in the project area after the cut-off date notification will not be

entitled for assistance.

(vi) Appropriate grievance redress mechanism will be established to ensure resolution of disputes in rapid manner.

(vii) All activities related to resettlement planning, implementation and monitoring would

ensure the involvement of women and other vulnerable groups (viii) DPs should be fully informed and consulted on LAR compensation options and

implementation.

IV. COMPENSATION ELIGIBILITY AND ENTITLEMENTS

40. This LARP will apply to all DPs in the Project area. This will ensure that all persons affected

by the Project, will get appropriate compensation for all losses.

A. Eligibility

41. All DPs losТng crops durТng work of strТngТng of OPGW wТtСТn tСe project “Power sector Тmprovement” are entТtled to compensatТon.

42. Compensation eligibility for Ala Archa-Frunzenskaya OHL is limited by cut-off date - 9 June 2017 -

announced Тn local newspaper and NEGK’s websТte. DPs have the right to get compensation for type of crop defined before this date.

B. Entitlements

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43. The entitlements for DPs having LAR impact by the Project are detailed in the following Table IV.1

below.

Table IV.1 Entitlement Matrix

Impact type

Eligible DPs Entitlements Notes

Crops All DPs (actual users of land: owners or tenants)

Compensation for:

1. One season harvest based on data from National Statistics Committee of the Kyrgyz Republic and market analysis.

2. DPs costs related to compensation issues.

Determined by evaluator. The sum of compensation depends on the size of land plot and type of the crop.

Compensation should be paid in accordance with the contract between NEGK and DP

V. SOCIO - ECONOMIC SURVEY

44. LAR impacts associated with stringing of OPGW are limited to the areas of Chui region is

located in northern Kyrgyz Republic. The territory of the region is divided into 8 administrative

districts: Alamedin, Jayil, Kemin, Moscow, Panfilov, Sokuluk, Chuy and Ysyk-Ata. There are 6

towns (district level) and 1 town (oblast level), 105 Ayil Aimaks (AA) and 331 settlements in the region. Population is 870,300 people.

45. Chui Region is one of the largest agricultural regions of the country. Chui Oblast represents

only 10% of tСe country’s land area, but Тt accounts for one-third of all the arable and irrigated lands of the country. 81,600 people are employed in agriculture, it is 21,9% of total employed

population.

46. Profile of LAR impacted areas in the context of districts is given below in the table V.1:

Table V.1 Profile of LAR impacted areas in context of districts

# Indicators LAR impacted areas by districts Panfilov Jayil Sokuluk Alamudun

1 Number of villages, units 11 2 9 5 2 Population, people 30442 3475 15584 8234 3 Including men 15334 1732 7579 4243 4 women 15108 1743 7436 3991 5 Employable population,

people 19989 2341 9466 2789

6 Total agricultural land, ha 82132 13952 26862 14422 7 Including total area of

arable land, ha 31763 4504 7616 2442

8 Schools, units 17 2 8 4 9 Health facilities, units 16 2 6 5 10 Culture facilities, units 9 4 9 3

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47. Local population in LAR impacted Ayil Aimaks is mainly engaged in crop production and

livestock. LAR impacted land plots are in private ownership, except hayfields. All DPs live in rural

area. They use arable land for crop production, which is for own use and sale. Leased hayfields

are mainly used for own livestock, also for sale.

48. 54 DPs within this project are not in the list of low-income and poor households.

In accordance with the Law of the Kyrgyz Republic "On state benefits in the Kyrgyz Republic":

(i) low-income household - a household with a monthly income per household member below

the guaranteed minimum income, which is set in the amount of 810 soms8;

(ii) poor household - a household with a monthly income per household member below the

poverty line, which is set in the amount of 2631 soms by National Statistic Committee of

the Kyrgyz Republic.

49. All population has an access for social services as secondary education, medical services. 75-

100% of local population has an access to clean water.

50. 5 DPs are women, which is 9,2% of total number of DPs. All DPs (100%) are Kyrgyz. The

ethnic composition of the population of LAR impacted areas by districts is the following:

Table V.2 Ethnic composition of APs by districts

# Nationality

LAR impacted areas by districts Panfilov Jayil Sokuluk Alamudun

number % number % number % number %

1 Kyrgyz 23424 76,9 3011 86,6 12857 82,5 8147 98,9

2 Kazakh 454 1,5 39 1,1 108 0,7 20 0,2

3 Russian 3048 10,0 195 5,6 1452 9,3 44 0,6

4 Ukrainian 737 2,4 156 4,5 181 1,2 - -

5 Uzbek 498 1,6 9 0,3 96 0,6 - -

6 Azeri 405 1,3 - - - - - -

7 Tajik 279 0,9 - - 1 0 - -

8 Turk 173 0,6 - - - - - -

9 Others 1424 4,7 65 1,9 889 5,7 23 0,3

Total 30442 100 3475 100 15584 100 8234 100

VI. GRIEVANCE REDRESS MECHANISM

A. Grievance redress process

51. A grievance redress mechanism (GRM) is available for each DP. Its objective is to allow a DP

appealing any disagreeable decision, practice or activity arising from assets compensation and

8 Decree of tСe Government of tСe Kyrgyz RepublТc № 408 from June 24, 2015 "On raТsТng socТal protectТon of low-income families and enhancing the targeting of monthly benefits low-income families with children "

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other matters in the process of implementing this LARP. Decisions on Grievance redress

mechanism are attached (Annex 6).

52. The GRM involves 3 stages appeals process as follows:

(i) Local level (Local Authority). The grievances will be first lodged at the Grievance Redress Group (GRG) at Local Authority level. The complainant will report her/his case to the Local

Point of Contact (LPC) who is officially appointed by Local Authority to promptly process

and respond to AP’s querТes and complaТnts. TСe LPC wТll trТgger tСe actТon of tСe GRG which will assess the situation and seek a solution through consultation with complainants, representatives of Local Authority, DP and Turnkey contractor. GRG will take a decision in

14 working days.

(ii) Central level (NEGK). If within 14 days the grievance is not resolved at Local Level the

complaТnant wТll furtСer raТse tСe Тssue to NEGK’s GrТevance Redress Commission in Bishkek again with the support of the LPC of Local Authority and representatives of DP.

NEGK’s CommТssТon wТll take a decТsТon Тn 14 workТng days. (iii) Court of law: if within additional 14 days the grievance is still not resolved at central level

the complainant can appeal the decision and bring the case to the local courts.

B. The local point of contact

53. The Local point of contact (LPC) is a locally based person, officially appointed by NEGK

agreed with Local Authority and trained on LARP issues, who will deal with monitoring of LARP implementation and timely responding to queries and complaints from DPs. LPC shall initiate the

grievance review and convene the Local GRG meeting no later than 5 days since the complaint

was registered. All supporting documents – photo and video materials, required certificates, legal

opinions, technical expert opinions – should be prepared prior to the meeting. The minutes of the each meeting and resolution should be agreed and signed by the majority members of the GRC

no later than 3 days following the meeting.

54. The main functions of the LPC are:

(i) Timely submission of information on LARP progress to Turnkey contractor and NEGK

(ii) Documentation of the queries, concerns and complaints (iii) Communication of the queries, concerns and complaints of DPs to the Local Authority,

Turnkey Contractor and NEGK.

C. The grievance redress groups (GRG)

55. In order to efficiently and rapidly mobilize the human resources needed to implement the

above scheme Turnkey contractor has established a Grievance Redress Group (GRG). The GRG

will assess the validity of the complaint, assess the scope of eventual impacts, propose eventual compensation needed and instruct/facilitate the functioning of the Grievance Redress

mechanisms.

56. The GRG is composed as follows:

(i) Local level

- Head of Local Authority

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- Specialist on land issues of LA

- Representative of Turnkey contractor

- Representative of DP

(ii) Central Level

NEGK has taken the decree on GRM at central Level for this Project. It has special department

for consideration of complaints and applications of citizens within as GRG.

57. At each level of appeal the GRG will be assisted as needed by the professional capacity needed to solve each specific case. This will include:

- Representatives of the Local Authority;

- Chairman and Members of LAR commissions; - Representatives of other state bodies involved.

The Project will also cover compensation costs for impacts found eligible by the GRG from NEGK’s budget.

VII. CONSULTATIONS, PARTICIPATION AND DISCLOSURE

A. Public Consultations

58. To prepare this LARP, NEGK and Turnkey contractor conducted 5 meaningful public

consultations on 19 and 20 June 2017, where all DPs affected by Ala Archa-Frunzenskaya OHL

were invited. Details on number of participants in the relevant local authorities are provided in the

Table 2 below.


## Local Authority Location Date Number of participants

1 Frunze LA

Kurama LA

Orto LA

Voznesenovka LA

Panfilovka village,

Panvilov district, Chui oblast, Kyrgyz Republic

19 June 2017 21

2

Kyzyl Dyikan LA

Petropavlovka village, Jayil district, Chui oblast,

Kyrgyz Republic

19 June 2017 11

3 Asylbash LA

Gavrilovka LA

Asylbash village, Sokuluk district, Chui


20 June 2017 18

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4

Tosh Bulak LA

Tosh Bulak village,

Sokuluk district, Chui


20 June 2017 20

5 Baytik LA

Baytik village, Alamudun


Kyrgyz Republic

20 une 2017

8

59. NEGK and Turnkey contractor conducted presentations on:

(i) Project’s ТnformatТon, ТncludТng goal, benefТts and duratТon; (ii) OPGW work, especially short description of work and machinery will be used for work spaces

and under the line between the towers without sky wire;

(iii) Project impact, method of calculation of compensation, crop yield, cost structure;

(iv) Grievance redress mechanism, Local Point of Contact and Grievance Registration

Logbook.

60. During public consultations, the questions were raised regarding the following:

(i) Compensation issues: amount of compensation, who will pay, who can get the compensation?

(ii) Contractor: who will install the OPGW?;

(iii) Duration for compensation payments and civil work.

61. All questions raised during public consultations were provided with sufficient answers

given below.

Question: If an optical fiber can perform several functions, why each entity that uses this

function does not pay compensation?

Answer: Now NEGK installs optical fiber and pays you compensation. And compensation, as

already explained, fully covers all the damage associated with the works on installation of

fiber optic lines.

Question: Who will perform the installation of OPGW?

Answer: The tender was won by the Turkish company Ak-Ay Electric, which is a contractor

of NEGK. We kindly ask you not to interfere with the work, but to provide assistance, as it is

in our interests, in the interests of our state.

Question: When will the compensation be paid?

Answer: In accordance with ADB's policy, compensation should be paid before the

commencement of work, it is planned at the end of June 2017.

Question: Can the spouse of the AP receive compensation?

Answer: For this, it is necessary to present a power of attorney that the AP trusts the spouse

to receive compensation. This is possible with a power of attorney and a passport of a

trustee.

Question: When will the work be conducted?

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Answer: The work on the Ala Archa-Frunzenskaya OHL is planned for July-August 2017.

The exact date when the Contractor will work on your site is unknown, maybe you will have

time to mow the hayfield. Regardless of this, compensation will be paid before

commencement of work on this line.

The materials of public consultations are attached (Annex 7).

B. Disclosure

62. This LARP will be disclosed in English and Russian languages on the ADB website and in

Russian on NEGK’s websТte. TСe Resettlement InformatТon PampСlet was dТsclosed on NEGK website and distributed both in Russian and Kyrgyz languages to all DPs and LA prior to the public consultations (Annex 8).

VIII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION

63. Several agencies and parties were involved and will be involved in LARP preparation and

implementation. They are NEGK, LAR Commissions and Turnkey contractor.

A. NEGK

64. NEGK, as the executing agency, has the overall responsibility to ensure implementation and

funding of all LAR-related tasks. Project Implementation Unit (PIU) of NEGK is responsible to(i) ensure that the LARP is prepared by the turnkey contractor in accordance with the LARF, and that

the LARP is implemented in full before installation works begТn Тn tСe fТeld; (ТТ) approve Evaluators’ candidacy and Evaluation report; (iii) establish cut-off date; (iv) hold Public consultations; (v) sign

compensation agreements and pay compensations; (vi) LARP implementation and monitoring.

65. In project areas NEGK will manage organization of stringing of OPGW work, as:

(i) inform local population through LA about the starting dates of works planned within the project;

(ii) cut of electricity according to agreed time schedule; (iii) taking measures on safety of lives and road security.

B. Turnkey contractor

66. In order to prepare LARP, Turnkey contractor hired Resettlement specialist and Independent

evaluator. Turnkey contractor is responsible for drafting of LARP and for LAR related activities as

(i) scoping of LAR impact; (ii) preparing LARP Action Plan; (iii) data collection; (iv) detailed measurement survey (DMS) based on detailed design of the stringing of OPGW; (v) evaluation

and compensation definition; (vi) socio-economic survey; (vii) LARP disclosure; (viii) establishment

of grievance redress mechanism.

C. LAR commissions

67. In order to assist LARP preparation and implementation process LAR commissions were established at district level. LAR Commissions assist during implementation of tasks as data collection, identification of affected properties, types of crops and AHs, social status of local population. Also LAR commission should be involved in taking on decision controversial issues, if any. There are several institutions in LAR commission: District state administration, Local

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Registration Office, Department on Agrarian Development, Department on Construction and Architecture, Forest Unit and Local Authorities.

D. Summary of institutional arrangements and LARP implementation 68. Table VIII.1 summarizes the functions of the different agencies/parties involved in LARP

preparation and implementation.

Table VIII.1. Responsibility of involved agencies/parties

# Activity Responsible 1 Prepare LARP Action Plan Turnkey Contractor, NEGK,

ADB 2 DMS, Evaluation, SES and drafting of LARP Turnkey Contractor 3 Establishment of cut-off date NEGK 4 Supervision of LARP related activities LAR Commissions 5 Public Consultations NEGK, Turnkey Contractor,

LAR Commissions 6 Review and Approval of LARP NEGK, ADB 7 Payment of compensation NEGK 8 LARP Implementation (Compliance) report NEGK 9 Notification of installation starting date to DPs/AHs

and LAR commissions NEGK

10 Ensure the access to compensated land for turnkey contractor for OPGW stringing

NEGK

11 Beginning of installation Turnkey Contractor 12 Internal Monitoring NEGK

69. LARP preparation and implementation schedule is attached (Annex 9).

IX. COMPENSATIONS AND RESETTLEMENT BUDGET

A. Compensation rates

70. Collection and analyzing of market, statistical and other information were carried out in order to calculate the resettlement budget.

The compensation was defined for crop losses and DPs costs related to compensation.

A.1 Crop losses

71. Crop losses amount is determined on the basis of the material damage caused by the DPs in

the process of project implementation. For calculating the amount of damage from the loss of the harvest was used the official data of the National Statistical Committee of the Kyrgyz Republic,

information on the actual crop yields in the district/AA and information about types of crops from

LAs and DPs.

72. In determining the amount of damage from the loss of DPs crop was used the algorithm

shown below:

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(i) Determine the mass in kilograms of the crop, which will be lost as a result of the Project

implementation.

(ii) Determination the price per one kilogram of the relevant crop for the district/AA.

(iii) The estimated mass of the crop multiplied by the price of one kilogram. For perennial

grasses calculated weight divided by the average weight of a bale (20 kg), then the

resulting value is multiplied by the cost of one bale.

A.2 DPs costs related to compensation

73. DPs costs related to compensation include:

(i) Transport costs of DPs during LARP preparation;

(ii) Copy documents;

(iii) Lost profit determined based on conditions of working time loss required for the

implementation of activities related to the Project by using the data from National

Statistical Committee of the Kyrgyz Republic.

Detailed approach for calculation of DPs costs related to compensation is attached (Annex 10).

B. Compensation cost assessments

74. The compensation calculations were made based on the results of the Detailed Measurement Survey. Valuation date is 3 June 2017. According to the results of the evaluation, total budget of

compensation for Ala Archa-Frunzenskaya OHL is 230334.00 (Two hundred thirty thousand three

hundred thirty four) soms or 3378.80 (Three thousand three hundred seventy eight) US dollars

and eighty cents. The exchange rate of National Bank of Kyrgyz Republic on the valuation date is 68.1700 KGS/$. Final compensation calculations are attached (Annex 11).

75. Table IX.1 shows the total budget for Ala Archa-Frunzenskaya OHL.

Table IX.1 Total budget for compensation

# Name of Ayil Aimak

Sum of compensation for crop losses, som

Sum of compensation for DP costs, som

Total, som

1 Frunze LA

Panfilov district 17 591 3052 20 643

2 Kurama LA


3 Orto LA Panfilov district 10 601 4578 15 179

4 Voznesenovka LA


5 Kyzyl-Dyikan LA

Jayil district 12 316 7630 19 946

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6 Asylbash LA

Sokuluk district 15 813 22890 38 703

7 Tosh-Bulak LA

Sokuluk district 42 350 21364 63 714

8 Gavrilovka LA Sokuluk district 1 000 1526 2 526

9 Baytik LA

Alamudun district 26 100 6104 32 204

Total, som 147 930 82404 230334

X. MONITORING

A. LARP Implementation (Compliance) Report

76. The monitoring activities will start immediately after ADB approval of the LARP and will last until LARP implementation is concluded. The PIU of NEGK will prepare LARP implementation

(Compliance) report and submit it to ADB after compensation payment to ensure that the

implementation of the LARP has produced the desired outcomes.

77. The report will include well argued sections on the following:

(i) Assessment of the way the compensation has been carried out in relation to LARP

stipulations;

(ii) Verification that all DPs were compensated in the amounts stipulated in the LARP;

(iii) Review of complaint and grievance cases and of their solution;

(iv) Assessment of the satisfaction of the DPs;

(v) Lesson learned to be applied to the next lines;

(vi) General assessment of LARP implementation and recommendations to ADB regarding the provision of no objection Letter to start the civil works.

B. Social safeguard monitoring reports

78. Semi-annual social safeguard monitoring reports, including progress of the implementation of the LARP and any compliance issues and corrective actions will be prepared by PIU of NEGK

and submitted to ADB. Internal monitoring will be carried out routinely by the PIU of NEGK in

close communication with the Turnkey Contractor.

land acquisition and resettlement plan · public consultations, ala archa-frunzenskaya ohl, june...

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