Resettlement Planning Document

Land Acquisition and Resettlement Plan (LARP) Document Stage: Final Project Number: 40086-013 October 2013

UZB (SF): Water Resources Management Sector Project

Subproject: Kyzyl-Ravat-2 Prepared by the Ministry of Agriculture and Water Resources of Uzbekistan for the Asian Development Bank. The land acquisition and resettlement plan is 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. This updated LARP is prepared for inception of turn-key project (designing, construction, plant supply, installation and commissioning).

 

ABBREVIATIONS

ADB – Asian Development Bank AH – Affected Household AF – Affected Family AP – Affected Person CC – Civil Code CBO – Community based organization DI – Design Institute DMS – Detailed Measurement Survey EA – Executing Agency GOU – Government of Uzbekistan HC – Housing Code IA – Implementing Agency IR – Involuntary Resettlement Km – Kilometer KMK – Construction norms BNC – Big Namangan canal NFC – North Fergana canal LA – Land Acquisition LARC – Land Acquisition and Resettlement Commission LARP – Land Acquisition and Resettlement Plan LARF – Land Acquisition and Resettlement Framework LC – Land Code LRCD – Land Resources and Cadastre Department NGO – Non-Governmental Organization PMO – Project Management Office PPTA – Project Preparatory Technical Assistance RC – Resettlement Consultants SCLRGCSC – State Committee on Land Resources, Geodesy,

Cartography and State Cadastre MAWR – Ministry of Agriculture and Water Resources of

Uzbekistan ROW – Right-of-way SPS – Safeguard Policy Statement (ADB 2009) TBC – To be confirmed

 

 

CURRENCY EQUIVALENTS (As of October1, 2013)

Currency Unit – Sum (UZS)

UZS 1.00 = $0.000465 $1.00 = UZS 2152.51

NOTE In this report,

i. “$” refers to United State Dollars (USD) ii. UZS refers to Uzbekistan Sum

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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GLOSSARY

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

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 AHs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Affected Persons

Affected persons(APs) arethosewhoexperience full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.APs could be of three types: (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land.

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 AH, depending on the type and degree nature of their losses, to restore their social and economic base. All entitlements will be given to all affected households as per the entitlement matrix.

Inventory of Loss

The inventory of assets getting affected by project.

Hokimiyat Local government authority that interfaces between local communities and the government at the regional and national level. It has ultimate administrative and legal authority over local populations residing within its jurisdiction.

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 fair compensation.

Massive This is an area that reflects pre-independence boundaries of collective farms and has been retained as an administrative arrangement by the GoU but it is structurally different to the Mahalla that is recognized as a local-level community-based organization. The function of the missive is to manage land and coordinate agricultural-based activities. It has a quite restricted legal status but most of the AHs are located in these massive.

Mahalla Is a local level community-based organization recognized official by the GoU that serves as the interface between state and community and is responsible for facilitating a range of social support facilities and ensuring the internal social and cultural cohesiveness of its members. Mahalla leaders are elected by their local communities.

 

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Meaningful Consultation

A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Illegal HHs that are not registered their business, agriculture, residential and orchard and those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal lease to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people are entitled to compensation for their non-land assets.

Low Income According to the GoU low-income households are classified as households where the monthly per capita income is less than the equivalent of UZS 137 295(approximately US$2.13 per capita per day).

Replacement cost

Replacement cost is the principle to be complied with in compensating for lost assets. Calculation of which should include: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Where market conditions are absent or in a formative stage, APs and host populations will be consulted to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. Baseline data on housing, house types, and construction materials will also be collected. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account.

Vulnerable Households

Low-income households, female-headed households with fewer than 2 adult income-earners, the elderly headed with unemployed family members, and disabled.

Leaseholder Juridical person (farm) running agricultural production with the use of land parcels granted to him on a long-term lease. Lease term is limited up to fifty years but not less than for ten years. Leaseholder cannot sell - buy, mortgage, present, exchange the land.

Land Use rights

According to Land Code (article 17) real persons (can have the land plot under the right of lifelong inheritable possession and land parcel use transferred as descent. This right is given to individual residential housing construction and collective gardening and vineyard (orchards), peasant farms. Juridical persons (enterprises, stores, business) can posses land parcels according to the right to permanent possession, permanent use, temporary use, lease and property. In two above case when person wants to sell the Property (land and building), he will sell the building & structure and subsequently land parcel will be sold as an attachment (right is being sold).

 

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TABLE OF CONTENTS

Page

Glossary 1

Summary on changing on detailed project component and impacts

associated with land acquisition

4

Executive Summary 9

I Introduction 13

II Scope of Land Acquisition and Resettlement 17

III Socioeconomic Profile of Affected Population 22

IV Public Consultations 33

V Institutional Arrangements 36

VI Grievance Redress Mechanism 40

VII Legal Framework 42

VIII Entitlements and Compensation Strategy 47

IX Relocation of Housing and Settlement 52

X Income Restoration and Rehabilitation 53

XI Resettlement Financing and Budget 54

XII Implementation Schedule 56

XIII Monitoring and Reporting 57

XIV Conclusions and recommendations 58

Annexes:

Annex I: Census Survey Questionnaire Annex II: Socioeconomic Survey Questionnaire Annex III: Comparison of ADB SPS and Uzbekistan Law and Regulation for Land Acquisition and Resettlement Annex IV: Project Impact by land acquisition. New and previous preliminary design Annex V. New preliminary design (Project design - option 3) Annex VI: Project impact on AHHs Annex VII: Project RIGHT-OF WAY (ROW) Annex VIII: Detailed compensation Annex IX: Reports of Evaluating Company

 

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SUMMARY ON CHANGING ON DETAILED PROJECT COMPONENT AND IMPACTS ASSOCIATED WITH LAND ACQUISITION

LARP March 2013 Update LARP October 2013

The Project was scheduled to be implemented from 2009 to 2014, with ADB financial assistance comprising a loan of US$ 85 million from the Ordinary Capital Resources (OCR) and an Asian Development Fund loan of US$ 15 million (ADF), to an aggregate amountofUS$ 100 million. The Government of the Uzbekistan contributes equivalent to US$ 44.05 million including taxes, duties and annual maintenance costs of project facilities during the implementation period.

No changes.

CHANGING ON PROJECT DESIGN

1 The subproject irrigation area is situated on the sloping plain of Kasansay Adyr in its southeast part. Surface is heavily eroded by dry valleys and ravines, with breakout depth of 30-50 m and valleys width of 10-30 m. Absolute elevation marks are 615-852 m.

No changes.

2 Kyzyl Ravat 2 pumping station subproject proposes to build one new pumping station and installation of 2line pressure water pipelines having of 1100 meters of length each.

Kyzyl Ravat 2 pumping station subproject proposes to build one new pumping station and installation of 2line pressure water pipelines having of 1000 meters of length each.

3 The pumping station will draw water from the North Ferghana canal (NFC) to Big Namangan canal (BNC) and mitigate loss of production in 17,800 ha of irrigated agriculture land in Uychi, Chartak, Yangikurgan and Namangan districts of Namangan region.

No changes.

4 The cost for rehabilitation of the irrigation infrastructure including associated costs was estimated at US$ 14,062 thousands, equivalent to UZS 23,202 million.

No changes.

5 Total cost including 10% of physical and price contingency was estimated at US$ 22.238 thousand, or UZS36.692 million.

No changes.

6 The RoW for proposed water pipeline is limited to 48 m (The land size under ROW of 48 meter)

The RoW for proposed water pipeline is limited to 30 m (The land size under ROW of 30 meter).30 m of RoW is agreed by by Design institute as

 

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permitted by Construction norms and regulations in accordance with alternative design options approved by August 5, 2013

7 ROW is applied for water pipeline that is steel and having of diameter from 1640 mm.

No changes.

8 The proposed water pressure pipeline is laid down under the ground and after construction ends the land plot will be given back to owners.

No changes.

CHANGING ON IMPACTS ASSOCIATED WITH LAND ACQUISITION AND RESETTLEMENT

1 The Project construction would entail temporary land acquisition and involuntary resettlement impacts on land and structures.

The Project construction would notentail temporary land acquisition and involuntary resettlement impacts on land and structures.The 30m RoW will require only the permanent land acquisition and all the civil works will be carried out on this area.

2 The census identified a total of 9 affected households (AHs) comprising of 57 persons that will be affected as a result of the Project

The census identified a total of 4 affected households (AHs) comprising of 27 persons that will be affected as a result of the Project. These AHs will be affected in accordance with the 3ddesign option (30m of RoW).

3 The project area is located in Ravat city assembly of citizens (CAC) of Uychi district (Namangan region).

No changes.

4 A total of 4.73 ha of land would be required for the project. Of this, 4.65 ha is individually held land whereas the remaining 0.08 ha community utilized facilities.

A total of 3.0 ha of land would be required for the project. Of this, 0.77 ha is individually held land – private dekhkan farm, 1.2 ha is cropping farmland whereas the remaining 0.08 ha community utilized facilities and 0.95 ha is hokimiyat land.

5 Of the 4.65ha of affected individually-held land, a total of 0.64 ha comprises of cropping farmland belonging to one farmer and a total of 4.01 ha comprises of orchard land belonging to 9 affected households.

Among the 4 AHs affected by the project 2 AHs are cropping farmers and 2 AHs are dekhkan farmers. The total area of the affected agricultural land is 1.97 ha. One of the cropping farmers cultivates cotton (the total affected area of his farm is 0.6 ha), other 3 AHs (the total affected area is 1.37 ha) are

 

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orchard owners (one of them is farmer with 0.6 ha total affected area and dekhkans with 0.77 ha of total affected area).

6 Of the 774 trees287 fruit trees and 487 timber trees will be affected to orchard owners with lifelong inheritable land rights would experience impact.

Of the 131 trees 51 fruit trees and 80 timber trees will be affected to orchard owners with lifelong inheritable land rights would experience impact.

7 A total of 0.08 ha community utilized facilities (CUF) such as roads, streets, pavements and water pipelines will also be impacted.

No changes.

RELOCATION OF HOUSING AND SETTLEMENTS

1 No affected households will be relocated. Only 2 temporary structures of households will be affected. AHs have their own permanent houses and therefore relocation optionswill not be covered.

No affected households will be relocated. AHs have their own permanent houses and therefore relocation optionswill not be covered.

INCOME RESTORATION AND REHABILITATION

1 6 households will lose more than 10% of their orchard. These households have been included in the category of as Severely Affected households. Special assistance has been included in the EM for such AHs.

3 households will lose about 11% of their orchard. These households have been included in the category of as Severely Affected households. Special assistance has been included in the EM for such AHs.

RESETTLEMENT FINANCING AND BUDGET

1 The estimated LARP Budget is around US$ 27,354. This includes direct costs of trees, structures, severely impact allowances, valuation and indirect cost of resettlement assistance and rehabilitation.

The estimated LARP Budget is around US$ 7,642. This includes direct costs of trees, structures, severely impact allowances, valuation and indirect cost of resettlement assistance and rehabilitation.

SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS

1 Average household size in the sub-project area is 6, which is more typical for urban households.

No changes.

2 In terms of gender status 60% males and 40% females comprising of 57 persons in total.

In terms of gender status 48% males and 52% females comprising of 27 persons in total.

3 Education status of affected households is Of the 27 APs, 20 persons (74%) over

 

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64% and 74% of the total men and women have formal education.

the age of 16 have formal education. Remaining 7 APs, below the age of 16 were not included in the survey. Among the 20 persons with formal education, 16 persons obtained professional and vocational education (college education). 4 have studied till college. No one APs have higher education. 7 persons (26%) of the 27 AP are younger than 16 years. 4 APs are schoolchildren and 3 persons are under school age.

4 Among the affected persons, 49% APs are dependent upon agriculture as their primary source of income whereas 26% of the APs works in government and around 3% of the APs are engaged in small businesses and enterprises. The remaining 23% APs comprised of retired people, unemployed and others.

Among the affected persons, 39% APs are dependent upon agriculture as their primary source of income whereas 22% of the APs works in government and around 6% of the APs are engaged in small businesses and enterprises. The remaining 33% APs comprised of unemployed and others.The census survey shows that among the affected persons there is no retired person.

5 According to census survey no vulnerable households were identified.

No changes.

INSTITUTIONAL ARRANGEMENTS

1 MAWR (Ministry of Agriculture and Water Resources) will have overall responsibility to implement the LARP as the executing agency (EA).

No changes.

2 The Program Management Office (PMO) within MAWR will be responsible for the management of LARP implementation. The PMO team will consist of safeguard team responsible for planning, implementation and internal monitoring of LARP.

No changes.

3 The PMO will work closely with mahalla, local authority representatives of the Namangan province hokimiyat and Uychi district hokimiyats, departments of Goskomzemgeocadastre (Land Resource and Cadastre Committee).

No changes.

LEGAL FRAMEWORK

1 The LARP has been prepared in line with national and local laws and regulations and ADB SPS 2009. In case of any gaps between the national law and ADB SPS 2009, for this project purpose the ADB SPS 2009 shall prevail.

No changes.

 

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Compensation eligibility will be limited by a cut-off date established based on the last day of the census of AHs (February 12, 2013).

Compensation eligibility will be limited by a cut-off date established based on the last day of the census of AHs (October 14, 2013).

 

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Executive Summary

A. Project Introduction 1. The Government of Republic of Uzbekistan, as part of national priority for economic development in rural sector initiated Water Resources Management Sector Project (WRMSP), with the assistance of Asian Development Bank (ADB) to improve the productivity in irrigated agriculture by rehabilitation of irrigation infrastructure. The project strategy is to ensure a reliable water supply to the users, support the private agricultural producers in their efficient production, increase the employment level and living standards of the population, and improve the environmental situation in the subproject area

2. This Kyzyl Ravat 2 pumping station project is part of Water Resource Management Sector Project subproject and proposes to build one new pumping station and installation of 2 line pressure water pipelines having of 1000 meters of length each. The pumping station will draw water from the North Ferghana canal (NFC) to Big Namangan canal (BNC) and mitigate loss of production in 17,800 ha of irrigated agriculture land in Uychi, Chartak, Yangikurgan and Namangan districts of Namangan region.

3. The Project will support improved irrigation, drainage, and water resources management from the basin to the on-farm level. The Project will also support a basin and irrigation and drainage management institutional optimization and coordination study to prepare a plan and capacity development program to improve water use efficiency and productivity for inter-farm irrigation and drainage in the Fergana & Zarafshan Vallies.

4. The contract # WRMSP/ICB3/LOT 1 on civil works of Kyzyl – Ravat 2 Pumping Station was sign on December 18, 2012 and came into force on April 30.2013.

5. The previous LARP was prepared by the Resettlement specialist, Tolmas Boltayev on March 2013. In accordance with approved alternative (3d) design option (on August 5, 2013) the updated LARP was prepared in October 2013 by the Resettlement specialist, Maria Malinovskaya. Ms. Malinovskaya visited the project area and included all the updates in this LARP. The public consultations conducted by the Resettlement specialist with AHs also included representatives of local communities, water users associations (WUA), officials of government organizations as well as representative of MAWR.

6. According to the previous draft LARP it was proposed to build one new pumping station and installation of 2 line pressure water pipelines having of 1100 meters of length each. The RoW of the proposed water pipeline was limited to 48m. The total area of land required for the project was 4.73 ha. The total number of affected households was 9 AHs. Taking into account the updates of LARP made in accordance with alternative (3d) design option approved on August 5, 2013 the length of each water pipelines is 1000 meters. The RoW of the proposed water pipeline is limited to 30m. The total area of land required for the project was 3.0 ha. The total number of affected households was 4 AHs.

7. The Ministry of Agriculture and Water Resources (MAWR) has developed this draft Land and Resettlement Plan (LARP) for the project. The plan has been prepared on the basis of the census and socioeconomic survey findings in compliance with ADB’s Safeguard Policy Statement (SPS) 2009 to protect the rights of affected households/persons1. This LARP has been prepared based on feasibility design and shall be updated in line with the detailed design. The final and implementable LARP will be submitted to ADB for approval and is a condition for the award of civil works. B. Project Benefits Impacts

                                                            1The Affected persons are those who are physically Affected(relocation, loss of residential land, or loss of shelter) and/or economically Affected(loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas’ (Source: ADB Safeguard Policy Statement, 2009).

 

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8. The subproject of Kizil-Ravat-2 Project emphasizes construction of new pumping station, improved water distribution through laying down new water pressure pipeline that enables water withdrawal from the NFC to BNC during the irrigation period. The command area of the subproject has been suffered from shortage of water in the Big Namangan canal in summer times. Therefore, the project will provide sustainable water supply for agricultural lands. C. Measures to Minimize the Impact 9. The overall resettlement impacts can be avoided or minimized through development of alternative options and/or careful shortening of ROW during the design stage. The design shall avoid impacting of two temporary structures. If possible project should avoid impacting orchard land that will have less impact (about 10%). Additional efforts will be made during the detailed design to further reduce the project impacts. D. Objective of the Land Acquisition and Resettlement Plan (LARP) 10. The aim of this LARP is to mitigate all involuntary resettlement impacts caused by the project and provide adequate resettlement and rehabilitation assistance to the affected households to restore or improve their pre-project standard of living. E. Scope of Land Acquisition and resettlement

11. The Project construction would entail temporary land acquisition and involuntary resettlement impacts on land and structures. The census identified a total of 4 affected households (AHs) comprising of 27 persons that will be affected as a result of the Project. The project area is located in Ravat city assembly of citizens (CAC) of Uychi district (Namangan region). 12. A total of 3.0 ha of land would be required for the project. Of this, 0.77 ha is individually held land – private dekhkan farm, 1.2 ha is cropping farmland whereas the remaining 0.08 ha community utilized facilities and 0.95 ha is hokimiyat land. 13. Among the 4 AHs affected by the project 2 AHs are cropping farmers and 2 AHs are dekhkan farmers. The total area of the affected agricultural land is 1.97 ha. One of the cropping farmers cultivates cotton (the total affected areaof his farm is 0.6 ha), other 3 AHs (the total affected area is 1.37 ha) are orchard owners (one of them is farmer with 0.6 ha total affected area and dekhkans with 0.77 ha of total affected area). 14. Of the 131 trees 51 fruit trees and 80 timber trees will be affected to orchard owners with lifelong inheritable land rights would experience impact. 15. A total of 0.08 ha community utilized facilities (CUF) such as roads, streets, pavements and water pipelines will also be impacted. F. Socio-Economic Profile of the Affected Households 16. Average household size in the sub-project area is 6, which is more typical for urban households. In terms of gender status 48% males and 52% females comprising of 27 persons in total.Of the 27 APs, 20 persons (74%) over the age of 16 have formal education. Remaining 7 APs, below the age of 16 were not included in the survey. Among the 20 persons with formal education, 16 persons obtained professional and vocational education (college education). 4 have studied till college. No one APs have higher education.7 persons (26%) of the 27 AP are younger than 16 years. 4 APs are schoolchildren and 3 persons are under school age.

 

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17. Among the affected persons, 39% APs are dependent upon agriculture as their primary source of income whereas 22% of the APs works in government and around 6% of the APs are engaged in small businesses and enterprises. The remaining 33% APs comprised of unemployed and others.The census survey shows that among the affected persons there is no retired person. G. Institutional Arrangements 18. MAWR (Ministry of Agriculture and Water Resources) will have overall responsibility to implement the LARP as the executing agency (EA). The Program Management Office (PMO) within MAWR will be responsible for the management of LARP implementation. The PMO team will consist of safeguard team responsible for planning, implementation and internal monitoring of LARP. The PMO will work closely with mahalla, local authority representatives of the Namangan province hokimiyat and Uychi district hokimiyats, departments of Goskomzemgeocadastre (Land Resource and Cadastre Committee). H. Grievance Redress Mechanism 19. Complaints can be submitted to mahalla, village assembly of citizens, farmer councils, women association or directly to MAWR. Although usually, the district hokimiyat will be the entry point for receiving complaint or known as a Grievance Focal Point (GFP)2. Upon receipt of a complaint, the GFP will establish contact with MAWR and its PMO and mahalla and other relevant bodies. All complaints will be resolved in 15-20 days, and in case additional details are required, a maximum of 30 days will be used to resolve and close the complaint. The Project Grievance Redress Mechanism does not prevent any AH to approach the national/government legal system to resolve their complaints at any stage of the grievance redress process. The APs can address their complaints to the courts at any time and not only after using the GRM. I. Legal Framework

20. The LARP has been prepared in line with national and local laws and regulations and ADB SPS 2009. In case of any gaps between the national law and ADB SPS 2009, for this project purpose the ADB SPS 2009 shall prevail. J. Entitlements and compensation strategy 21. All AHs are entitled to receive compensation for all losses and affected assets based on the principle of replacement cost. All compensation and assistance will be paid as per the entitlement matrix included in the LARP. Special assistance will be provided to vulnerable and severely affected households. The LARP will be fully implemented prior to commencement of any civil works. Compensation and other assistances will be paid to APs prior to their physical or economic displacement and commencement of civil work. K. Relocation of housing and settlements 22. In this LARP no affected households will be relocated. AHs have their own permanent houses and therefore this plan will not cover relocation options. L. Income Restoration and Rehabilitation 23. Four households will lose insignificant part of their land. The consultant based on the discussions with the heads of the affected households concluded that the land loss would not have negative impact on the farmers’ crop yields and wellbeing in the future. As a result,

                                                            2 Under the Government Grievance mechanism, the District Hokim is designated as the Grievance Focal Point.

 

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the LARP will not provide any trainings, additional compensation and assistance to the affected households except compensations for trees and crop yields determined by the appraiser. M. Resettlement Financing and Budget 24. The estimated LARP Budget is around US$ 7,642. This includes direct costs of trees, agricultural crops. N. Implementation schedule 25. This section includes a detailed, time bound, implementation schedule for all key land acquisition and resettlement activities synchronized with the project schedule of civil works construction. O. Monitoring and Reporting 26. Monitoring would include internal monitoring. PMO Safeguard Team will carry out internal monitoring routinely in close coordination with local hokimiyat. Internal monitoring will be done on a quarterly basis. Related information will be collected from the field and reported to the PMO to assess the progress and results of LARP implementation, and to adjust the work program, if necessary. In order to ensure that all Affected households are compensated prior to commencement of civil work, a monitoring will be undertaken based on which a Compliance Report will be submitted to ADB and MAWR. The Monitoring/Compliance report will be used by ADB and MAWR as a basis to issue notice to proceed with civil work activities to the contractor for the Kyzyl Ravat-2 pumping station construction. P. Conclusions and recommendations 27. In this section the possibilities to minimize the impact by moving project red line by decreasing the width of ROW is described. Also it is foreseen that in order to minimize or avoid the impact the construction shall start in winter period when a harvest already collected. PMO has developed alternative (3d) design together with design groupapproved by August 5, 2013. The alternative option was developed in order to minimize or avoid the impact the construction.

 

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I. INTRODUCTION 1.1. Background 1. The draft Land Acquisition and Resettlement Plan (LARP) has been prepared for the UZB-40086-013: Water Resources Management Sector Project (WRMSP), subproject Kyzyl Ravat-2. It is based on the detailed design provided by PMO to consultant. The final LARP will be submitted to ADB for approval prior to implementation and is a condition for the award of civil works contract. 2. The Government of Republic of Uzbekistan, as part of national priority for economic development in rural sector initiated Water Resources Management Sector Project (WRMSP), with the assistance of Asian Development Bank (ADB) to improve the productivity in irrigated agriculture by rehabilitation of irrigation infrastructure.The project strategy is to ensure a reliable water supply to the users, support the private agricultural producers in their efficient production, increase the employment level and living standards of the population, and improve the environmental situation in the subproject area. 3. The Project was scheduled to be implemented from 2009 to 2014, with ADB financial assistance comprising a loan of US$ 85 million from the Ordinary Capital Resources (OCR) and an Asian Development Fund loan of US$ 15 million (ADF), to an aggregate amountofUS$ 100 million. The Government of the Uzbekistan contributes equivalent to US$ 44.05 million including taxes, duties and annual maintenance costs of project facilities during the implementation period.

4. This updated Land Acquisition and Resettlement Plan (LARP) is prepared in accordance with developed alternative (3d) design approved by August 5, 2013. The updated LARP has been prepared in October 2013 by the Resettlement specialist, Maria Malinovskaya. Ms. Malinovskaya visited the project area and included all the updates in this LARP. 1.2. Water Resources Management Sector Project

5. The Project will support improved irrigation, drainage, and water resources management from the basin to the on-farm level. The Project will also support a basin and irrigation and drainage management institutional optimization and coordination study to prepare a plan and capacity development program to improve water use efficiency and productivity for inter-farm irrigation and drainage in the Fergana & Zarafshan Vallies. 6. The study will (i) analyze existing institutional and organization structures of BISAs, ISA, MCA, Department of Pump Station Operations (DPSO), WUAs, local government, and other relevant stakeholders; (ii) analyze their existing management rules, regulations, procedures, and systems to identify bottlenecks and inefficiencies for irrigation, drainage, and water management; (iii) analyze coordination between water management stakeholders; (iv) develop options and a plan to improve (a) the institutional and organization structures, (b) management and operational procedures and systems, and (c) coordination between stakeholders; and (v) develop and implement a capacity development program to support the recommendations. 7. The WRMSP provides funding for the rehabilitation of irrigation infrastructure of the core and noncore subprojects. Two core subprojects, Narpay in the Zarafshan river basin and Besharyk in the Ferghana valley, had been identified and feasibility studies completed by the PPTA consultants. In addition, the PMO has identified five candidate noncore subprojects conforming to ADB selection criteria, namely, Suvli subproject in Zarafshan

 

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od water

 

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10. Kyzyl Ravat 2 pumping station subproject proposes to build one new pumping station and installation of 2 line pressure water pipelines having of 1000 meters of length each. The pumping station will draw water from the North Ferghana canal (NFC) to Big Namangan canal (BNC) and mitigate loss of production in 17,800 ha of irrigated agriculture land in Uychi, Chartak, Yangikurgan and Namangan districts of Namangan region. 1.4. Project Benefits and Impacts 11. Project emphasizes rehabilitation and construction of pumping facilities, gravity head-works, inter-farm distribution canals, and drainage to ensure increased reliability of irrigation supplies, improved water distribution and reduced soil degradation. The Rehabilitation and upgrading (R&U) of pumping facilities will look into replacement of unusable pumps and motors with more efficient and energy saving. 12. The subproject Kizil-Ravat-2 proposes to construct new pumping station that enables draw water from the NFC to BNC during the irrigation period. The command area of the subproject has been suffered from shortage of water in the Big Namangan canal in summer times when Toktogul water reservoir (Kyrgyzstan) starts to collect water. Consequently, cultivated area of the subproject has been declining, due to inadequate supply of water. Therefore, socio-economic status in the area will be enhanced by increased agricultural production. 13. The cost for rehabilitation of the irrigation infrastructure including associated costs was estimated at US$ 14,062 thousands, equivalent to UZS 23,202 million. Total cost including 10% of physical and price contingency was estimated at US$ 22.238 thousand, or UZS36.692 million. 14. Economic internal rate of return (EIRR) of the subproject was estimated at 11.55%, which indicates the subproject is appraised highly economically feasible.

15. According to Feasibility study, Kizil-Ravat-2 subproject will ensure reliable irrigation water supply to the designed command area consisting of 17,800 ha of fertile land and that will encourage farmers to expand cultivation area and to increase agricultural production. Subsequently, household income, livelihood of the poor rural population and living environment in the subproject area will be improved and economy of the area will be revitalized. 16. The Project is classified as Category B3 for involuntary resettlement in accordance with ADB's Safeguards Policy Statement (SPS, 2009), as there are not deemed significant land acquisition and/or involuntary resettlement impacts. The Project construction would entail temporary land acquisition for the construction period of water pipelines during 5 month (winter period). 17. In order to assess the level temporary land acquisition, a detailed census survey was undertaken on the project area. A total of 4 households comprising of 27 persons will be affected. No Indigenous People household will be affected. In total 3.0ha of land will be acquired. Of this, 0.08 ha is community utilized facilities, 0.95 ha is hokimiyat land whereas the remaining 1.97 ha is agricultural land.4. A total of 4 affected households including                                                             3A project is assigned to one of the following categories depending on the significance of the probable involuntary resettlement impacts: (i) Category B – A proposed project is classified as Category B if it is likely tohave not deemed significant impacts. A resettlement plan, including a assessment of social impacts, is required. The involuntary resettlement impacts of an ADB-supported project are considered not significant if less than 200 persons will experience major impacts, which are defined as (i) being physically affected from housing, or (ii) losing 10% or more of their productive assets (income generating). 4In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. As per the Official State Act, the District hokimiyat grants the right to land to individual households.

 

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3orchard land andone croppingfarmlandwill be impacted. The details of project impact are further elaborated in Section II of this LARP. 1.5. Minimization of Resettlement Impacts

18. Efforts to be made to minimize the resettlement impacts along the proposed project line by adjustments in the technical design. The contractor will hire the design group for detail and final design of the water pressure pipeline. The diameter of the pipeline will be 1620mm and will have 2parallel lines. The soil type of the project area are classified as light loam and therefore during the recultivating to bring to pre project condition heavier soil will be brought from another areas. The construction of pipeline should consider to reconstruction of existing roads, pavements and pipelines to previous condition. 19. Based on existing regulations5, the RoW for proposed water pipeline is limited to 48 m. According to existing norms and regulations this ROW is applied for water pipeline that is steel and having of diameter 1640 mm. The land size under ROW of 30 meter will be taken for the project construction works. The proposed water pressure pipeline is laid down under the ground and after construction ends the land plot will be given back to owners. 1.6. Objectives of the Land Acquisition and Resettlement Plan (LARP) 20. The aim of this LARP is to mitigate all involuntary resettlement impacts caused due to the project and provide adequate resettlement and rehabilitation assistance to the affected households to restore or improve their pre-project standard of living. 21. The LARP has been prepared on the basis of the census and socioeconomic survey and consultation with various stakeholders in compliance with the ADB’s Safeguard Policy Statement (SPS) 2009 to protect the rights of the AHs/APs6. The issues / aspects identified and addressed in this LARP are as follows:

i. Inventory of all kind of losses, irrespective of title of affected households. ii. Type and extent of loss of land and non-land assets, loss of livelihood or

income opportunities and common property resources and social infrastructure;

iii. Impacts on Vulnerable groups; iv. Consultation with stakeholders and scope of peoples participation in the

project; v. Legal framework; vi. Entitlement matrix with details of all entitlements for each category of loss and

provisions for special assistance for vulnerable households and severely affected households, relocation assistance and support for restoration of businesses/income;

vii. Grievance redress mechanism. viii. Cost Estimates for LARP implementation; and ix. Institutional framework for LARP implementation, x. Monitoring and evaluation mechanism.

                                                            5KMK 2.10.03-97-Construction norm for allocation of land to main water and sewerage pipelines issued by State Committee on Architecture and Construction of Uzbekistan. 6The affected persons are those who are physically affected (relocation, loss of residential land, or loss of shelter) and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas’ (Source: ADB Safeguard Policy Statement, 2009).

 

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II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1. Scope of the LARP 22. The Land acquisition and resettlement plan (LARP) has been prepared based on the initial design and feasibility study “Water Resources Management Sector Project” for the subproject Kyzl Ravat-2 Pump Station prepared by consortium of consulting companies of the WRMSP project7. This LARP will be updated subsequently on the basis of the detailed design that will be performed by contractor and will be submitted to ADB for approval prior to commencement of any civil work activities. 23. The designed water pressure pipeline, with the total length of 1000 meters, will be built in Uychi district of Namangan region. Since the existing pump station Kyzyl Ravat-1’s capacity is not sufficient to pump out water to BNC the proposed construction of Kyzyl Ravat-2 pump station and water pressure pipeline would entail temporary land acquisition impacting cropping farms, temporary structures, orchards and public and community infrastructure. In order to accurately assess the impacts of temporary land acquisition, the following studies were undertaken prior to LARP preparation:

i. Detailed Measurement Survey (DMS) aimed to measure the size of land, building, and number as well as the types of private and communal assets that will be affected by land acquisition,

ii. Census to gather the socioeconomic conditions of affected households and inventory of all impacted assets.

iii. Estimation of Compensation Rates at market replacement value iv. Comparison of compensation estimate through independent valuator.

24. The DMS counted, and measured the immovable affected properties and identified the owners and their places of residence with commune authorities. After identifying the affected assets, a census of the AHs was undertaken. The objective of the census was to identify the affected persons (APs) and generate an inventory of the social and economic impacts on the AHs/APs, the structures affected, socio-economic profile of the AHs/APs, their perceptions about the project and rehabilitation and compensation at market value options. The census and socio economic questionnaire are enclosed as AnnexIand AnnexII respectively. 2.2. Project Impacts 25. The proposed pressure water pipeline with the pipeline diameter of 1620mm in two lines will be constructed in one trench. The length of proposed line will be 1000 meters passing through the orchard, cropping farm and community utilized facilities of Ravat city assembly of citizens (CAC). The Ravat CAC is located in Uychi district of Namangan region. However, the owners of orchards and cropping farms are living in different mahallas such as Kyzyl Ravat village assembly of citizens (VAC), Uychi VAC, Ezgulik VAC and Ruzibaev VAC.

26. A total of 4 households comprising of 27 persons will be affected. All affected households are living in Uychi district but in different mahallas.

                                                            7 Consortium of Consultant Companies consists of 1.DongShin Engineering & Consultants C.Ltd (South Korea), 2.Korea Rural Community Co. (South Korea), 3.Engineering Company Pvt.Ltd (Sri Lanka), 4.Rhythm Plus Consulting Company (Uzbekistan)

 

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Table 2.1: Summary of Affected Households (AHs) and Persons

AHHS Name of Settlement APs

1. Gofurov Shuhrat Ravot CAC 8

2. Rustamov Qodirjon Ravot CAC 5

3. Rustamov Bahodir Ruzibaev VAC 8

4. Qobulov Gulomjon Ezgulik VAC 6

TOTAL 27

2.2.1. Impact on Land

27. The census identified that a total of three types of land will be affected as a result of the Project. The details of impact on each of these land categories is presented in Table 2.2 below:

Table 2.2: Category of Land Affected and Ownership Status of Affected land

LAND CATEGORY In this LARP

According to Land Code of Uzbekistan

category of land

Category of Rights

Deed or document provided8

Land affected (in ha)

No. of Affected House holds (AHs)

Cropping farms

Land of Agriculture

Lease for 30-50 years

Contract

0.60

1

Orchard lands Land of Agriculture

Lifelong inheritable possession

State Act granting the right for Lifelong inheritable possession.

1.37 3

Community utilized facilities

Roads, streets, pavements and water pipelines.

Permanent use

State Act granting the right for permanent possession

0.08 N.A

Municipal / Hokimiyat land

Municipal land Permanent use

0,95 Khokimiyat

TOTAL 3.0 4

28. A total of 3.0 ha of land would be required for the project. Of this, 0.77 ha is individually held land – private dekhkan farm, 1.2 ha is cropping farmland whereas the remaining 0.08 ha community utilized facilities and 0.95 ha is hokimiyat land. 9 2.2.1.1 Impact on Cropping Farm Land 29. In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. In case of cropping farmland, depending on the availability of land in an area, the land is issued to individual households for temporary use on lease (between 30 to to 50 years) by the District Hokimiyat.

                                                            8Some documents are issued by the Cabinet of Ministers. Others are issued by the district or regional hokim. 9In Uzbekistan, land is under state ownership and owned by either the City or the District hokimiyat. As per the Official State Act, the District hokimiyat grants the right to land to individual households. The same have been enumerated in Table 2.2 above.

 

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30. In line with the above, a total of 0.60 ha of cropping farmland will be affected as a result of this project. One leaseholder households is using this land. The main crops cultivated in the affected cropping farms mainly include wheat and cotton. 31. Severity of Impact on Cropping Farmland: Affected household incurring impact on his cropping farmland will experience significant impact (adverse impact on not more than 10% of their productive assets) since the impact in terms of percentage consists of 2%.

Table 2.3: AH Losing Farmland

AHHs Total

landholding, ha Affected land,

ha

Impact in %

Type of crops

Rustamov Qodirjon 42 0.60 2 % Wheat &Cotton

2.2.1.2 Impact on Orchards

32. Of the total affected land, 1.37 ha land is under Orchards. As per the Uzbekistan land rights, the Official State Act grants the right for lifelong inheritable possession to individual households in case of Orchard land. A total of 3 AHHs with lifelong inheritable land rights would be affected. All 3 AHHs are carrying out their gardening activity project area located in Ravat VAC and Ezgulik VACof Uychi district. 33. Altogether the 3 AHHs have a total of 12.2 ha of land under orchards. The impacted portions represent approximately 11% of the total area of their orchards. (See Table 2.4).

Table 2.4: Land wise Detail of Orchards getting affected

AHHs Total land (ha) Affected land,

(ha) Impact

(%) Affected

trees

Gofurov Shuhrat 1.20 0.32 26% Fruit & Timber

Qobulov Gulomjon 7.00 0.6 8.6% Fruit & Timber

Rustamov Bakhodir 4.00 0.45 11% Fruit

TOTAL 12.2 1.37 11%

34. Severity of Impact: Of the 3 households incurring impact on orchards (about 11% of their productive asset), one households will experience significant impact on their income. (See Table 2.4) Such household have been classified as severely affected households. Special assistance will be provided for these AHHs. 2.2.2. Impact on Crops 35. Of the affected 1.97 ha of agricultural land partly is planted with groundnuts, potatoes, onions and other crops. Orchard owners are planting crops between trees whereas farmer is planting as second crop after harvesting wheat. A crop loss impact has not been assessed in the preparation of this draft LARP since the construction of new pressure pipeline is foreseen to build in winter times after harvesting period for the duration of 5 month (October-February). After this period EA shall return timely the land plot to the landowners and land-users, in appropriate condition suitable for agricultural activity. If there is need for extension of the use of the land beyond the specified terms, the EA must submit a request for extension of the period of utilization of the land to the organization which provided the authorization to use the land. In such case crop impact will be determined and

 

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will be paid as per the entitlement matrix. Loss of income from crops will be calculated based on 1 year production costs plus an allowance equivalent to 1 year average net income (based on income over the past 3 years from affected crops). 2.2.3. Impact on Trees 36. A total of 131 trees would be felled along the proposed ROW belonging to a total of 3 AHHs. 37. A total of 131 trees comprising of timber trees and 5 varieties of fruit bearing trees would be affected in these orchards. Total trees of AHHs comprise approximately 1244 trees, thus the impact in terms of percentage consists of 11%.

Table 2.6: Tree wise Detail of Orchards getting affected

AHHs

AFFECTED TREES 

FRUIT BEARING TIMBER 

Pomegranate

Walnut Plum Almond Fig TOTAL FRUIT

Poplar TOTAL TIMBER

Gofurov Shuhrat  12 12 30 30 Qobulov Gulomjon 20 16 1 37 50 50 Rustamov Bakhodir  2 2 TOTAL 51 80

38. Severity of Impact on Affected Trees: Of the 4 AHs, 3 AHs will experience severe impacts on their trees. In order to create condition for civil works all trees will be cut on 30 meters of ROW. A total of 51 fruit trees and 80 timber trees need to be felled. (See Table 2.7)

Table 2.7: Impact of Treesgetting affected

AHHs Total tree10 Affected Tree Impact %

Gofurov Shuhrat 830 42 5%

Qobulov Gulomjon 403 87 22%

Rustamov Bahodir 11 2 18%

TOTAL 1244 131 11%

2.2.4. Impact on Income and livelihood

39. Among the affected persons, 39% APs are dependent upon agriculture as their primary source of income whereas 22% of the APs works in government and around 6% of the APs are engaged in small businesses and enterprises. The remaining 33% APs comprised of unemployed and others. The census survey shows that among the affected persons there is no retired person. 2.2.4.1. Impact on Employees

                                                            10Total trees included only project affected types of trees. For example, as the result of previous LARP

Consultant has the following information: orchard owners cultivate apple, pear, apricots and other sort of fruits. Therefore in total orchard owners have more trees than total number of trees affected by the project.

 

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40. The census also identified that in all of the orchard type 3 AHs the employees are family members and only one farm there are seasonal employees consisting of 33 persons including 13 women and 20 male. According to the census survey all seasonal employees are not employed during winter time period during the construction of water pipeline period. All of these employees are living in Uychi district. 41. In case the construction will be performed during seasonal times then these affected employees will be provided assistance for lost wages paid for the duration of work time disruption in line with the provision of the entitlement matrix of this LARP. 2.2.5. Impact on Government Land 42. The affected Government land in this LARP comprises only Community Utilized Facilities (CUF) such as asphalt roads, field roads, canals and municipal / hokimiyat lands. The affected CUFs will be restored as pre project or better condition. 43. Impact on Community Structures and/or Community-Utilized Facilities (CUF) and municipal lands:In total of 0.08 ha of land under community-utilized facilities would also be affected as a result of the Project thereby impacting field type road, soil type road and existing water pipelines, and 0.95 ha municipal / hokimiyat lands EA shall restore those facilities to previous condition after the construction ends and within the 5 month period during winter times. 44. The EA shall also take into consideration suitable flow connection for existing brook that is used for mud flow in case of damage during the construction period.This mud brook is located near land plots of Qobulov Gulomjon АНН. 2.3. Vulnerability Status of the Affected Households 45. According to census survey no vulnerable households were identified. The poverty criteria based on income for Uzbekistan is equivalent to US$2.13 per day per capita. Each AHH in the project location would require income of US$12.78 per day to be above the income poverty line. 46. However, the entitlement matrix provides for measures for mitigating the impact on the vulnerable AHHs. The vulnerable AHHs will be entitled to special assistance over and above the compensation for affected assets in order to ensure that they are able to restore or improve their pre-project standard of living.

2.4. Perception on Project Benefits 47. During the census, all the 4 AHHs and local employees of existing pumping station voiced that the project is critical for the development of their villages and district. The proposed water pressure pipeline is essential during vegetation period towards increasing employment rate and agricultural production. AHHs are supportive of the project even though it means loss of their assets. For the loss of assets, they said that they understood and accepted that the same was necessary for the greater good of their communities.

 

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III. SOCIOECONOMIC INFORMATION AND PROFILE 48. The following section presents the analysis of the key field data collected during the census survey to elucidate the understanding of the socio-economic profile of the project affected households. The findings have been organized as demographic and social characteristics, economic profile, asset ownership and access to services.

3.1 Field Methodology 49. After obtaining the pre-requisite location maps, field layout and proposed design (Annex3.) intensive fieldwork was carried out to prepare this document. The field methodology included carrying out of an Inventory of Loss (IOL) comprising Census and Socio-Economic Survey of one Affected Household (AHH) consisting of interviews and discussions with head of AHH. 3.2 Socio-economic profile of the Namangan Province 50. Namangan Province is a viloyat (province) of Uzbekistan, located in the northern part of the Fergana Valley in far eastern part of the country. It is on the right bank of Syrdarya River and borders with Kyrgyzstan, Fergana Province and Andijan Province. It covers an area of 7,440 km2. The population is estimated to be around 2.379 mln., with 35% of the population living in rural areas.

Table 3.1: Area and population of Namangan Province

Total territory

km2

Population( ‘000 ) Share in% Population density

People per km2 Total Including Including

Urban rural urban rural

7440 2379.5 1529.7 849.8 64.3 35.7 319.8

51. Namangan Province is divided into 11 administrative districts. The capital is the city of Namangan (estimated population 453,500 inhabitants). Other major cities include Kosonsoy, Pop, Uchqo‘rg‘on, To‘raqo‘rg‘on, Chortoq, Haqqulobod and Chust. 52. Subproject Kasansay and Yangikurgan districts are located in the northern foothills of the Namangan province. Uychi and Chortok districts are located to the east from the Namangan city. 53. The climate is a typically continental climate with extreme differences between winter and summer temperatures. The average temperature in July is 27 – 28 ºC. The winter is comparatively cold, snow cover period lasts 43 days. Duration of frost-free period is 240 days. The average annual rainfall constitutes 189-200 mm per year. Evaporation is 1156 mm per year, and 945 mm during the growing season. The sum of positive temperatures is 4000-4150 ºC. 54. The province area is characterized by high standing sun in a year. Length of Day in summer is 15 hours, in winter is not less than 9 hours. Agricultural land comprises 287.1 thousand hectares, or 57% of 505.3 thousand hectares of the total area of Namangan province. 55. Natural resources include deposits of petroleum, natural gas, gold, lead, copper, quartz and antimony. Main agriculture includes cotton, horticulture and sericulture, animal husbandry, including breeding of Angora goats for their valuable down hair.

 

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56. Industry is primarily based on textiles, with two large silk production complexes, a non-woven fabric manufacturing plant, cotton yarn processing, and numerous smaller textile, leather and footwear plants.

3.2.1 Sub-Project Area information 57. Kizil-Ravat sub-project covers 43 makhallas in 9 RACs. These populated localities are located in Chortok, Yangikurgan, Namangan and Uychi districts of Namangan Province. There are 25,307 households and 34,354 families in the sub-project area. Total population of the area covered is 142,529.

Table 3.2: Settlement information in sub-project area

Sub-Project Kizil-Ravat Quantity

Districts 4

RACs 9

Makhallas 43

Households 25,307

Families 34,354

Population 142,529

Table 3.3: Area and population of sub-project districts

Districts / Province Total

territory km2

Population( ‘000 ) Share in% Population density

People per km2

Total Including Including

Urban rural urban rural

Chartak 377,8 160,8 105,1 55,7 65,4 34,6 425,6

Yangikurgan 529,4 176,0 135,6 40,4 77,0 23,0 332,5

Namangan 235,8 183,9 71,5 112,4 38,9 61,1 779,9

Turakurgan 275,2 180,1 100,0 80,1 55,5 44,5 654,4

Uychi 309,8 189,1 85,3 103,8 45,1 54,9 610,4

Kasansay 517,8 160,9 102,8 58,1 63,9 36,1 310,7

Namangan city 98,8 441,3 441,3 0 100,0 0 4466,6

Namangan province 7439,4 2258,5 1458,8 799,7 64,6 35,4 303,6

3.2.2 Population, Income, Expenditure, Employment and Education 3.2.2.1 Demographic Profile 58. Dependency ratio defined as ratio of the number of dependents to the number nondependents, is 50% for the sub-project area. % of persons migrated in the sub-project area is 0.6. 59. The most significant for households is income from crop farming. 37% of households receives rather significant income from hired employment in the non-agricultural sector. The share of pensions in the structure of incomes is rather small and constitutes 7% of total population’s income.

 

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Table 3.4: Demographic Data

Indicator Numbers

Total Population 142,529

Total No of HH 25,307

Average HH Size 5,6

Total No of Families 34,354

No of children below 1 year 2,361

No of children below 5 years 10,169

No of children below 7 years 5,306

No of children below 16 years 22,036

Total No of children below 16 years 39,872

No of adults > 60 7,659

Total No of Dependents 47,531

Dependency ratio 50,0

Dependency ratio (Employed) 54,4

No of Elderly age pensioners Total 11,674

% of Elderly age pensioners in Popln. 8,2

No Disabled / handicapped Total 2,829

% of Disabled / handicapped in Popln. 2,0

No of Persons Migrated Total 924

% of Persons Migrated 0,6

Table 3.5: Structure of Household Income

% in Total Income % of HH having such

income

Crop Farming 59% 68% Livestock Farming 2% 24% Full time employment on the farm/field 3% 9%

Part time seasonal employment on the farm/field 4% 20%

Salary 11% 37% Full time employment in the city 3% 11% Part time seasonal employment in the city 0% 1% Crafting 3% 15% Trading 2% 11% Money transfers from overseas 4% 9%

Pension 7% 37% Other 1% 5%

60. The most significant expenditure item is food that constitutes 57% of the total household expenditures. Households spend 19% of all expenditures for clothes and footwear. Medical treatment and education expenditures constitute 8% and 6% of total expenditures, while the total cost of utilities is 6%. Only 1% of total expenditures are spent on potable water.

 

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Table 3.6: Structure of Household Expenditures

Expenditures HH having such expenditures

Foodstaff 57% 100% Clothes & Footwear 19% 88%

Education 6% 61% Medicine 8% 77% Natural Gas 3% 88% Electricity 3% 94% Potable Water 1% 72% Furniture 1% 50%

OtherExpenditures 2% 25%

3.2.2.2 Employment 61. Total workforce in the sub-project area constitutes 96,991 people. Employed population comprises 90.2% of the total workforce. The largest share of population is employed in agriculture (13.4%) and government sector (10.4%). Majority of economically active women in the sub-project area are housekeepers. 62. However, these housekeepers are involved in a number of agricultural activities, such as livestock growing in households and cotton harvesting. Unemployment rate is moderate and constitutes 3% of the total population.

Table 3.7: Employment Data

Indicator Number

Total No in Work Force 96,991 No Economically Active in Work Force 87,447

% Economically Active (Emp.) in work force 90,2% % of employed in government sector 10,4%

% employed in Agriculture 13,4% % of Private non-agricultural businessmen 5,2% % of Other Employment 9,6%

% of Housekeepers 22,7%

% of Unemployed 3,0% No of employed in government sector 14,847

No of employed in Agriculture 19,152 No of Private non-agricultural businessmen 7,423 No of Other Employment 13,659

No of Housekeepers 32,366

No of Unemployed 4,318

Male

% of employed in government sector 6,6% % employed in Agriculture 9,7% % of Private non-agricultural businessmen 4,6%

% of Other Employment 7,3%

% of Housekeepers 5,5%

 

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% of Unemployed 0,1%

No of employed in government sector 9,353 No of employed in Agriculture 13,807 No of Private non-agricultural businessmen 6,533

No of Other Employment 10,393

No of Housekeepers 7,869 No of Unemployed 148

Female

% of employed in government sector 3,9% % employed in Agriculture 3,8%

% of Private non-agricultural businessmen 0,6%

% of Other Employment 2,3% % of Housekeepers 17,2%

No of employed in government sector 5,494 No of employed in Agriculture 5,345 No of Private non-agricultural businessmen 890

No of Other Employment 3,266

No of Housekeepers 24,497 No of Unemployed 4,170

Economically inactive

% of Students (aged above 16) 1,1% Male 0,4%

Female 0,7%

No of people with disabilities 2,829

Male 1,439

Female 1,390

No of Students (aged above 16) 1,593

Male 637

Female 956

No of people not looking for a job 804

3.2.2.3 Education 63. The education level in the sub-project area is typical for most rural areas of Uzbekistan. However, the rate of people with complete secondary education (16.3%) is below average among surveyed sub-project areas (23.4%).

 

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Table 3.8: Education data

Indicator Kyzyl-Ravat

No of uneducated Persons 0 % of uneducated Pop. 0 No of Persons Who are Continuing Education 1 593 % of Population Continuing Education 1,1% No of Persons who have not Completed Secondary Education 4 077 % of Pop. who have not Completed Secondary Education 2,9% No of Persons who have Completed Secondary Education 23 180 % of Pop. who have Completed Secondary Education 16,3% No of Persons who have Completed Secondary Professional Education 1 122 % of Pop. who have Completed Secondary Professional Education 0,8% No of Persons who have Completed University or Higher Education 5 437 % of Pop. who have Completed University or Higher Education 3,8%

64. Education data by gender is presented in a table below:

Table 3.9: Education Data by Gender

Indicator Kyzyl-Ravat

No of Persons who have not Completed Secondary Education 4,077

% of Male 58.6%

% of Female 41.4%

No of Persons who have Completed Secondary Education 23,180

% of Male 40.2%

% of Female 59.8%

No of Persons who have Completed Secondary Professional Education 1,122

% of Male 59.2%

% of Female 40.8%

No of Persons who have Completed University or Higher Education 5,437

% of Male 82.1%

% of Female 17.9%

3.2.3 Potable Water, Utilities, Sanitation & Health 3.2.3.1 Potable water 65. Potable water supply is a particularly serious problem for the project area. Only 32.9% of households in the sub-project area have water pipeline in the house or in the courtyard. 32.1% of households have access to street water taps. On average, pipeline water is available 1 to 2 hours a day. 66. River, Canal, Ditch and Spring water is used, at least time to time, by 50.2% of households. 1.3% of population get water using hand pumps within or outside compound. 10.2% of households use other sources of water. 67. Therefore, people in the sub-project area drink and cook on water, which falls short of sanitary standards. In order to clean water, people mainly use two methods: boiling and settling.

 

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Table 3.10: Potable Water Supply in the Kizil-Ravat sub-project area

Indicator Number

Total No of Households 25,307

No of HH with Home Tap Water Connection 8,336

% of HH with Home Tap Water Connection 32.9

No of HH Using Street Taps 8,123

% of HH Using Street Taps 32.1

No of HH Using Water Hand Pumps within or outside compound 326

% of HH Using Water Hand Pumps within or outside compound 1.3

No of HH Using River, Canal, Ditch, Spring water 12,704

% of HH Using River, Canal, Ditch, Spring water 50.2

No of HH Using Other Sources of Water 2,589

% of HH Using Other Sources of Water 10.2

3.2.3.2 Utilities

68. Households located in the sub-project area have limited access to certain utilities, and availability of these utilities has no dependence on the family’s living standard (e.g. lack of gas in the pipes means no gas both for poor and non-poor families). 69. 97.2% of households are connected to electricity supply network, but power cuts are very frequent. This, in particular, is caused by use of electricity by pump stations, since most part of the electricity supplied to the area is used by pump stations. On average, electricity is available 1 to 2 hours a day. 70. Gas supply represents another problem for project area population: only 82.9% of households are connected to natural gas pipelines. Natural gas is supplied irregularly, with frequent interruptions/low pressure. 71. 16.3% of the households are connected to telephone lines. On the other hand, nearly 100% of households use mobile phones due to easy access to mobile communications.

 

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Table 3.11. Utilities Supply in the Kizil-Ravat sub-project area

Indicator Number

Total No of Households 25,307

No of HH Connected to Natural Gas Network 20,985

% of HH Connected to Natural Gas Network 82.9

No of HH Connected to Electricity 24,604

% of HH Connected to Electricity 97.2

No of HH Connected to Telephone Line 4,123

% of HH Connected to Telephone Line 16.3

3.3 Socioeconomic Profile of Affected People 72. Household Size:4 AHs would be affected as a result of the project. As described in Table 3.12 below, the 4 HHs comprise of 27 APs with 48% males and 52% females. (See Table 3.12) The average household size is 6 members per household with the largest household comprising of 8 members and the smallest comprising of 5member. (See Table 3.13)

Table 3.12: Gender distribution of affected persons

Category No. of APs / AHs %

No. of AHs 4

No. of APs 27 100%

No. of Male 13 48%

No. of Female 14 52%

No. of children under 16 age (born before 1997 year) 8 30%

Table 3.13: Family Size of Affected Households

Category No. of APs

Maximum HH size 8

Average HH Size 6

Minimum HH size 5

73. Education Status: Of the 27 APs, 20 persons (74%) over the age of 16 have formal education. Remaining 7 APs, below the age of 16 were not included in the survey. Among the 20 persons with formal education, 16 persons obtained professional and vocational education (college education). 4 have studied till college. No one APs have higher education. 74. 7 persons (26%) of the 27 AP are younger than 16 years. 4 APs are schoolchildren and 3 persons are under school age.

3.3.1 Economic Profile

 

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3.3.1.1 Main Economic Activities: 75. Among the affected persons, 39% APs are dependent upon agriculture as their primary source of income whereas 22% of the APs works in government and around 6% of the APs are engaged in small businesses and enterprises. The remaining 22% APs comprised of retired people, unemployed and others. (See Table 3.14)

Table 3.14: Employment of the APs

Employment No. of APs %

Agriculture (heads of farm, farm-worker) 7 39% Government employees 4 22% Unemployed 6 33% Business 1 6%

TOTAL 18 APs 100%

 

76. Male-Female Work Participation: In terms of gender roles in the economic realm, men were found to be dominating agriculture work. Women in the affected households are largely confined to household activities and not engaged in income-generation activities. (See Table 3.15. below)

Table 3.15: Affected Persons’ Work Participation by Gender

Type of Work No. of Affected Persons

Males % Females % Total %

Agriculture (heads of farm, farm-worker)

7 78% - 0% 7 39%

Government employees 2 22% 2 22% 4 22%

Business - 0% 1 11% 1 5%

Unemployed, Retired, house keeper - 0% 6 67% 6 34%

TOTAL 9 100% 9 100% 18 100%

 

77. Household Income and Expenditure: The poverty criteria based on income for Uzbekistan is equivalent to US$2.1311 per day per capita. As mentioned earlier, the average family size found among the AH is 6. Considering the same, an average household would require income of US$12.78 per day to be above the income poverty line. 78. The census data shows the average income of the AHs. As can be seen in table 3.16 below, the average income for a household is 545.87 USD. Average daily income per capita of AHs is 83.92 USD per capita or 2.79 USD per day. The minimum income per capita per day is 2.13 USD. The average income for AH is above the accepted income minimum by 162.47US$.

                                                            11This data is based on Resolution # 165 of Cabinet of Ministers of Uzbekistan and calculated as 1.5 times minimum salary wage per person in the family (on 03.10.2013 minimum salary wage is 42.52 USD, therefore 1.5 minimum salary wage is 63.78 USD. According to the exchange rate of Central Bank of the Republic of Uzbekistan is 1 USD = 2152.51 Uzbek sum). The minimum income per capita per day is 2.13 USD.

 

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Table 3.16: HH’s IncomePer AHs and Per capita of AHs (US$)

No. of AHs Income per AH Income per capita

Max 696,86 120,78

Average 545.87 83.92

Min 418,11 58,07

Notes: Min= Minimum, Max= Maximum

79. The census data shows the average expenditures of the AHs. As can be seen in table 3.17 below the largest portion of expenditures for AH is expenditures for food.

Table 3.17: Structure of Household Expenditures

Expenditures HH having such

expenditures

Food 68% 100% Clothing 9% 100% Health 7% 75% Education 2% 25% For utilities (gas, electricity, etc.) 5% 100% Communications 4% 75% Agriculture (hiring tools, seed, etc) 6% 75% Social functions 5% 75%

OtherExpenditures 3% 50%

 

3.3.2 Access to Household Utilities 80. Water: all affected households have access to piped water supplied by the local water supply company generally of relatively good quality but has to be boiled for cooking and drinking purposes, especially for younger children and older adults. None of the AHs purchase water for domestic consumption. 81. Toilet/Bathroom: All AHs have toilets and bathrooms in their houses. The toilets and bathrooms are detached from the main living accommodation of the housing compound and are quite typical of rural households in Uzbekistan. This ensures sanitation and hygiene in the households. 82. Electricity: All AHs have access to electricity. Electricity is used for lighting, refrigeration, heating, cooling, and watching television. For heating purposes majority of the AHs were found to rely on coal rather than electricity. 3.3.3 Access to Tele-Communication 83. Telecommunications: While all 4 AHs own at least one mobile phone. APs prefer the convenience and reliability of mobile phones over fixed landlines. None of the AHs has access to cable internet, as there are limited Internet outlets in the districts. Nonetheless, households have access to Internet via mobile or USB modems. 84. Television and Radio: All 4 AHs own at least one color television set and over half own at least one DVD player. Similarly all AHs own at least one radio.

 

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85. Transport:No one of the AHs ownany vehicle. Majority of the APs rely on bicycle for intra-village journeys or transport services provided at a local level by private transport operators. 3.3.3. AHH’S SELF IDENTIFICATION 86. The census survey shown that the heads of AHH are males. The ethnic background of APs is Uzbek. All the heads of AHH haveformal education. They graduated college or another vocational or professional educational organization. 87. APs do not consider themselves part of a minority or disadvantaged because of this. 88. The census survey shown that no one of AH’s family members migrated for work to other parts of Uzbekistan or other foreign countries in the last three years. 89. Of the 4 AHHs 2 AHHs are owners of their land plots and 2 AHHs are tenants of their land plots. The average total area of AHHs land plots is 7.5 hundred square meters. The average number of buildings in the AHHs is 5. The average building area is 3.7hundred square meters. 90. AHHs self-assessedthe value of theirwealthiness. The table below shows the average value of the AHHs:

Table 3.18: Value of Household wealthiness

Million Uzbek Sum USD (US$)

Durable assets (Car, Bicycle, TV, Video, etc.),

2 375 000 1103.35

Household items 8,500,000 3948.85

Livestock 7,600,000 3530.74

 

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IV. PUBLIC CONSULTATON, INFORMATION DISSEMINATION AND DISCLOSURE  91. Public consultations were carried out in 4 affected households in October 2013 in accordance with alternative (3d) design option developed together with design group and approved by August 5, 2013.Consultations and discussions were held with each of the AHs during the time of the census survey. These public consultations included representatives of local communities, water users associations (WUA), officials of government organizations as well as representative of MAWR and Resettlement specialist. 92. The key objectives of the consultations were to: (a) notify the AHs on updated option of design including some changes in Land Acquisition and Resettlement Plan; (b) identify and help address affected household concerns related to the implementation of the updated LARP; (c) get inputs on affected household preferences for the type and delivery of compensation; and (d) minimize affected household apprehensions and ensure transparency in LARP activities. 93. The consultations were carried out in each affected households and were held during the census. The venue, number, dates of the consultations and number of participants are summarized in Table 5.1.  

Table 5.1: Venue, Date and Participants in the Consultation Meetings

№ Consultation place Number of meetings Date of Consultations

1 Ravot CAC 2 (2 AHs) October 4-5, 2013

2 Ruzibaev VAC 1 (AHs) October 4-5, 2013

3 Ezdulik VAC 1 (AHs) October 4-5, 2013

Total 4 I.

 94. During the public consultation meetings, several important questions were raised. The PMO, local hokimiyats, cadastral officers and social safeguard team addressed these questions. The questions/queries were related to land acquisition and compensation, commencement of civil works, affect to existing pipelines, who will be responsible for what.  95. The main issues that were brought forth in the consultations are have been summarized below:

96. During the consultations with the heads of the affected households, they were informed about the procedure ofevaluation and compensation of lossesfor the affected assets and land as a result of the construction phase of the project in accordance with the regulations and rules. The affected households were informed that all the activities on the compensation of losses will be carried out according to the developed entitlement matrix and compensation strategy and includes the following provisions:

Compensation eligibility will be limited by a cut-off date established based on

the last day of the census of AHs (October 14, 2013). Households who settle in the affected area and/or make any changes in their orchards or construct or erect new physical structures after the cut-off date will not be eligible for compensation.

 

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Although compensation for agricultural land on a “land for land” basis was provided by the project, all affected farmers chose monetary compensation. It was related to the fact that the share of the affected lands will be very small and the land loss will not cause adverse impact on the yield crops and wellbeing of the affected households in the future. The information was confirmed after consultations with the farmers whose land would be acquired for the project use, where farmers claimed that they did not need ay forthcoming trainings, additional compensations and assistance.

Alternatively, cash compensation for agricultural land at replacement cost will also be provided. The compensation for the permanent loss of land use rights over the affected agricultural land will be compensated equivalent to 4 years net average income of the past 3 years (of the affected annual crop).

In cases of severe loss of agricultural land. In the case of severe impact, where more than 10% of a productive asset (leased and unleased land) is to be acquired, a severe impact allowance will be paid. This will be equal to the net income from an annual crop production (inclusive of winter and summer crop in addition to standing crop compensation). This is in addition to the compensation for land loss.

Loss income from crops planted on the affected land will be compensated in cash at replacement cost based on 1 year of production cost (inputs) plus an allowance equivalent to 1 year average net income computed based on the average income over the past 3 years. Loss income from fruits trees will be compensated in cash based on the average annual income for the past 3 years multiplied by the 4 times to reflect the duration from planting to reach the productive stage. In the case of loss of timber trees, compensation will be based on the market value of their dry wood volume. The compensation for trees will be free of deduction for the value of the wood left to the AH.

HH losing business will be paid cash compensation for the period of business interruption up to 6 months, or 6 months cash compensation in case of permanent closure of business. This will be calculated based on the estimated average monthly income in the past 3 years multiplied by the number of months of business interruption. Workers from the affected businesses will be paid for lost wages for the duration of business interruption up to 6 months, or 6 months cash compensation in case of permanent closure of business. In case of agricultural workers losing their employment as a result of land acquisition, cash compensation will corresponding to their salary (in cash and in kind) for the remaining part of the agricultural year or contractual period whichever is higher.

97. As a result of these consultations the affected households said that the compensation for agriculture land on a "land for land" basis is unfavorable and unprofitable for them. It is caused by the following: as a result of the project implementation (construction phase) and land acquisition, AHswill lose small outer part of their land and if the District Hokimiyat will provide them with the same land somewhere else (outlying plot), it will require additional costs for travel expenses and additional time to get to this site. In this regard, Consultant recommends to make the compensation of losses of affected households according to the procedures of cash compensation and withdraw the lost lands from the cadastral registration form of the household.

 

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98. During these consultations the rest 5 AHs who had been affected by the previous design option were also informed about the alternative (3d) design option approved by August 5, 2013. The lands and other assets of these HHs will not be affected by the project and do not fall under the updated land acquisition and resettlement plan. These non-affected HHs include the following:

i. Hudoyberdiev Shuhrat, Kyzyl Ravat VAC ii. Nishonov Holmamat, Kyzyl Ravat VAC iii. Yuldoshev Mirzakbar, Uychi VAC iv. Mamasoliyev Qosimboy, Ezgulik VAC v. Razzakov Jasur, Ruzibaev VAC.

99. The procedure of valuation process was explained to the APs during the consultations. The LARP sets eligibility and entitlement provisions establishing compensation rates in accordance with guidelines from the Land Code of the GoU and ADB SPS 2009. 100. All compensation and assistance to be provided for this project is summarized in the entitlement matrix of this LARP.   

 

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V. INSTITUTIONAL ARRANGEMENT 101. This section provides a comprehensive assessment of institutional capacity and resource capability for preparing, implementing, and monitoring resettlement activities, and describes additional measures necessary to enhance institutional capacity. It describes the organizational procedures for delivering entitlements; and describes the implementation process, including how resettlement preparation, approval, and implementation will be linked to contract awards and the start of the project’s civil works. 102. The main institutions that will be involved in LAR activities are Ministry of Agriculture and Water Resources (MAWR) as xecuting Agency (EA), Project Management Office (PMO), Contractor Company (CC), Design Institute (DI), Project Consultants (PC), Provincial (Province) and District (District) and municipal towns authorities, Goskomzemgeodezcadastr (State Committee on Land Resources, Geodesy, Cartography and State Cadaster (SCLRGCSC) at district level. 5.1 Minsitry of Agriculture and Water Resources (MAWR) – Project Management Office

(PMO)

5.1.1. The MAWR 28. As the Project EA, its tasks related to LARP implementation will cover the following: (i) establishment of the PMO composed of international and domestic consultants; describe skills, numbers and period of recruitment (ii) identification of subprojects; (iii) approval of adequate budgetary support upon closing of the agreement with Representatives of Farming Association, Nature Conservation Inspection and the Council of Rural Citizens on land allocation, and release of funds for LARP implementation by PMO prior to marking of land boundaries. (iv) facilitate coordination by PMO with the oblast and rayon offices of SCLRGCSC on LAR activities; (v) assign one Project Accountant to PMO; and (vi) endorsement of LARP to ADB. It will request ADB for the release of remaining part of loan to subproject upon substantial compliance of LARP implementation, as validated by the external monitor. Substantial compliance means the complete payment of compensation to APs with the lands are cleared and ready for marking. 5.1.2. The PMO 30. As the executing arm of MAWR for the Project, the PMO will be headed by the National Project Director who will be assisted by a team of consultants. The PMO responsibilities include: (i) assist the MAWR in identifying and processing of Kyzyl Ravat -2 subproject and other subprojects within WRSMP; (ii) contracting a Resettlement Specialist for final LARP preparation and implementation; (iii) providing advance information to APs on land acquisition and initiating public consultations and information dissemination; (iv) filing of application on land acquisitions with SCLRCGCSC at the oblast and rayon levels; (v) facilitating the transfer of funds from the EA to authorized State bank for payment of compensation to APs; (vi) coordination with rayon administration in temporary land allocation bringing to pre project condition; (vii) preparation of LARP; (viii) design and implementation of internal monitoring for LARP implementation; (ix) submission of report to ADB upon completion of LARP implementation; (x) assist external monitoring agent during the monitoring of LARP compliance; (xi) coordination on the status of LARP compliance to facilitate request to ADB for the release of this subproject loan.

 

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103. PMO within MAWR will be responsible for the day to day management of the Program including cross-agency coordination, and via the Safeguard Team (ST) for LARP implementation and monitoring the compensation and disbursement. 104. The Safeguard Team (ST) under PMO will be directly involved in all LAR related planning, implementation, inter-agency coordination, monitoring and reporting. They will receive supports from the Project Appraisal Consultants (PAC) of the Program and benefit from inputs from the Design Institute (DI), district/municipal executive powers and SCLRGCSC as appropriate. The Safeguard Team in collaboration with the DI will review the LARP. 5.2. Design Institute (DI)

105. The Design Institute will be in charge of elaborating the design and construction documents for the project. It will collaborate and work closely with the PMO/ Safeguard Team and PAC to:

(i) look for measures and alternatives to avoid and minimize land acquisition and resettlement impacts;

(ii) assemble all documents required for compensation; (iii) carry out topographic surveys of the expropriated land and replacement

lands; (iv) elaborate layouts indicating the location of the worksites and the permanent

infrastructures and the perimeter of the required surfaces differentiating the land use patterns in the areas being occupied to serve as a base for the selection of compensation land;

(v) Conduct land marking and pegging of the land assigned for temporary use of acquired land.

5.3. Regional and District State Committee on Land Resources, Geodesy, Cartography and State Cadastre

106. This is a permanent committee at Provincial and District level. However it plays an enhanced role throughout implementation. It is responsible for:

(i) identifying land losses incurred by land owners and land users plus agricultural output losses;

(ii) determining the degree and area of land restitution, including removal and temporary storage of productive soil layer;

(iii) determining the need forprotective sanitary and waterprotection zones around constructions;

(iv) preparing proposals on allocation of land plots of equal value under land for land;

(v) investigating alternatives to acquiring currently used land through developing unused land;

(vi) approving the Implementation Act and the attached plan; (vii) amending government edicts on land use and land ownership as well as other

cadastre documents. 5.4. Province/District Government

107. Local government agencies involved in the LARP review and implementation are Province (Province) and District (District) Executive Authorities who will form the Province Commission on Land Acquisition and District Evaluation Commissions. These will form a provincial land acquisition and resettlement committee (PLARC) which will undertake the following: (i) outline locations of constructions and structures affected by the project;

 

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(ii) prepare and approve legislation for the right (lease) to use land plots and; (iv) approves the Act for the right to temporary use of the land plot. 108. The PLARC will also estimate losses of landowners and land users in accordance with ADB policy SPS 2009. The Commission will prepare Acts for the right to specific plots of land specifying the acquired land area and losses and allowances as determined under the LARF entitlement matrix. 109. It is proposed that Land Acquisition and Valuation Committee as part of the PLARC composed of the following members:

(i) MAWR (ii) Provincial/District Department of Agriculture and Water Resources (iii) Provincial/District of Environmental Protection (iv) Organizations to which the alienated land has been transferred for use (EA,

PMO/ST and DI). (v) Mahalas (CBO) leaders, NGO, Dehkan Association (as relevant) (vi) Representatives of the affected people

110. Farmer’s and Dehkan Associations (FDEA) and Mahalla authorities will be involved in resettlement activities to ensure the rights and interests of affected households. 111. Implementation of LARP will require close coordination with the local Mahalla and farmer associations. 5.5. Independent Valuation Firms

112. Independent Valuation Firms will comprise of an accredited private firm with valid license for valuation activities. These firms will be involved both by displaced households and if required by the PMO to estimate the replacement cost of the affected assets. 5.6. Monitoring of LARP implementation

113. Implementation of the LARP will be subject to verification by monitoring. This monitoring will be conducted by a qualified Safeguard Officer of the PMO. 114. Figure 5.1 below illustrates the Institutional and Project Implementation arrangement for this Project.

 

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Figure 5.1: Project Implementation Arrangement

Consultation Information exchange Reporting

Asian Development Bank (ADB)

MAWR

Environment and Resettlement Consultants of

Project Management Office

(PMO)

Affected Households

Independent Monitoring

Oblast and District

Khokimiyat

District office of Land Resources and Cadastre

Department (including Land Acquisition and

Valuation Committee and Land Acquisition and

Resettlement Commission)

Design Institute

Farmer association, Mahalla committee

Independent Valuation Firm

 

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VI. GRIEVANCE REDRESS MECHANISM

6.1 Grievance Redress Mechanism 115. The APs will have the right to file complaints and queries on any aspect of land acquisition compensation, and resettlement. The MAWR will ensure that grievances and complaints on any aspect of the land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner. All possible avenues are made available to the APs to resolve their grievances at the project level. However, APs are free to address their complaints to the courts at any time and not only after using the GRM. Under the proposed project level grievance mechanism, affected households may appeal any decision, practice or activity connected with the assessment or valuation of land or other assets, acquisition and compensation. All AHs will be made aware of the procedures they can follow to seek redress, including, if necessary resort to the courts through the Government’s grievance mechanism. The Project Grievance Mechanism will be disseminated via the LARP leaflet that will be distributed to affected households through the mahalla or village assembly of citizens or farmers councils during the disclosure workshops. 6.2 Grievance Redress Mechanism 116. The PMO of MAWR will establish a simple and accessible Grievance Redress Mechanism. Figure 6.1 gives the details of the grievance redress mechanism. The GRM provides a number of avenues and levels for grievance resolution and appeals process. 117. The main objective behind project specific grievance mechanism is to ensure timely and user-friendly solution to the complaints received from the AHs. However, the Project Grievance Redress Mechanism does not prevent any AP to approach the national/ Government legal system to resolve their complaints at any stage of the grievance redress process. The APs can address their complaints to the courts at any time and not only after using the GRM. 118. Level 1 (Mahalla/Village Assembly). Under this project grievance redress mechanism, complaints can be submitted to Mahalla, Village Assembly of Citizens, Farmer Councils, Women Association or directly to PMO. The mahalla/village assembly will try to resolve or clarify the issue within 1 week. Unresolved issues will be referred to the district hokimiyat GFP.

119. Level 2 (District Hokimiyat). Usually, the District Hokimiyat will be the entry point for receiving complaint or known as a Grievance Focal Point (GFP)12. In case, complaint is submitted to the GFP, the GFP will establish a contact with the MAWR and its PMO, mahalla and other bodies such as village assembly of citizens, farmers councils of which AH are members and will try to resolve the issue within 1 to 2 weeks. 120. Level 3 (Project Management Office). The MAWR through its PMO on a regular basis will check with the GFP whether any complaint is received by GFP. The PMO, on receipt of a complaint from GFP or any other local bodies, will immediately take the following actions:

(i) Will inform the complainant within 2 days (ii) Inform ADB office both resident mission and HQ; (iii) Establish complaint handling team with members Head of PMO,

representatives from MAWR area representative office, District Hokimiyat: Cadastral Department, and Mahalla or Village Assembly of Citizens or/and Farmer’s Councils, or/and Women Association. The team will be headed by

                                                            12 Under the Government Grievance mechanism, the District Hokim is designated as the Grievance Focal Point.

 

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one of the MAWR management staff designated for handling grievances of the project.

(iv) The team will consult the complainant and gather complainant’s concerns; (v) The team will also take advise from independent valuator (in case of

grievances related to valuation) (vi) All complaints will be resolved in 15-20 days, and in case additional details

are required, a maximum of 30 days will be used to resolve and close the complaint.

(vii) If complaint is not resolved by Project Grievance Mechanism Team, the PMO will inform ADB office and District Hokimiyat regarding the same.

121. Level 4 (Provincial Hokimiyat). If a grievance is not resolved within 30 days, the complainants or her/his representative can submit its complaint to the provincial hokimiyat. The Provincial hokimiyat will also have 15 calendar days to resolve the complaint. 122. Level 5 (Court). If the complaint is still unresolved, the complainant can submit his/her complaint to the appropriate court of law. 123. The grievance mechanism applies equally to all affected households. When reference is made to the Mahalla, it is to the Mahalla that the affected households’ orchards or farms are located. 124. The PMO will be responsible for recording the complaint, the step taken to address grievance, minute of the meetings, and preparation of a report for each complaint. The complaint handling process will be reported to ADB through project implementation report.

Figure 6.1: Grievance Mechanism

District Complaint Handling System

(GFP)

MAWR

Project Grievance Mechanism Team (15-20 days to resolve the compliant)

Mahalla, Village Assembly of

Citizens, Farmer Councils, Women

association PMO

Resettlement Consultants

Affected Household

 

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VII. LEGAL FRAMEWORK  125. The LARP outlines the objectives, policy principles and procedures for land acquisition, compensation and other assistance measures for affected persons (APs). The Executing Agency will endorse the LARP prior to Project Appraisal. The LARPwill be updated based on detailed design, disclosed to the APs and submitted to ADB for review and approval prior to commencement of any civil works. Compensation and other assistances will have to be paid to APs prior to any physical or economic displacement of displaced households. 126. The resettlement principles adopted in this LARP reflect the national and local laws and regulation and the ADB Safeguards Policy Statement (SPS, 2009). The specific details of these legal and policy framework are enumerated below. 7.1 Relevant 7.1.1. Land code (30 April 1998) 127. The Land Code (LC) is the main regulatory framework for land related matters in Uzbekistan. The LC regulates allocation, transfer and sale of land plots, defines ownership and rights on land. It describes responsibilities of different state authorities (Cabinet of Ministers, province, district, city Hokimiyat) in land management; rights and obligations of land possessor, user, tenant and owner; land category types, land acquisition and compensation, resolution of land disputes and land protection. The LC also defines the terms of rights termination on land plot, seizure and land acquisition of land plot for state and public needs, and terms of seizure of land plot in violation of land legislation. 7.1.2. Housing Code (24 December 1998) 128. The Housing Code (HC) is a regulatory framework for housing related matters of individuals and legal entities. This law regulates seizure, compulsory purchase and compensation on housing matters. Housing Code defines ownership types of housing, rights and obligations of owners, terms of use, and maintenance of housing. The HC provides legal and regulatory framework in case of seizure and compulsory purchase of housing from individuals and legal entities. 7.1.3. Civil Code (29 August 1996) 129. The Civil Code (CC) defines the legal status of participants of civil relations, the grounds and procedure of implementation of property rights and other proprietary rights, rights on intellectual property, regulates the contractual and other obligations, as well as other property and related personal non-property relations. The CC defines general rules of property seizure, determination of property cost and rights for compensation, terms of rights termination. 7.1.4. Resolution of Cabinet of Ministers № 146 (25 May 2011) 130. This Resolution is aimed to improve the procedure of granting land plots, protect the rights of legal entities and individuals on land, improve the architecture of settlements and the efficient use of their land for construction in accordance with the Land Code and the Town Planning Code. 131. This resolution has approved two Regulations: (i) Regulation on the procedure for granting land for urban development and other non-agricultural purposes, (ii) Regulation on

 

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the procedure of compensation for land possessors, users, tenants and owners, as well as losses of agriculture and forestry. 132. The Regulation on the procedure for granting land for urban development and other non-agricultural purposes contains the following provisions:

i. Order of land plot location, preparation and approval of site selection and land allocation documents without approved planning documentation;

ii. Order of placement, selection and land allocation with approved planning documentation,

iii. Order for rejection in the selection and land allocation for construction; iv. Provision(sale) of land plots for individual housing construction; v. Elements of urban planning documents and development regulation lines.

133. The Regulation on the procedure of compensation for possessors, users, tenants and land owners, as well as losses of agriculture and forestry includes the following:

i. Compensation for losses of owners, users, tenants and land owners; ii. Compensation for losses of agriculture and forestry; iii. cost of irrigation and developing equal new land plot in return for seized

irrigated agricultural land; iv. Cost of fundamental improvement of grassland and pasture; v. Scheme for determination of losses of land possessors, users, tenants and

owners, as well as losses of agriculture and forestry; vi. Coefficients on location of seized land plots.

134. The losses of land possessors, users, tenants and owners, as well as losses of agriculture and forestry should be compensated before granting of documents certifying rights on land plot. 135. The regulation also orders that demolition of house, or building shall be done only after agreeing on compensation and providing replacement premises. The regulation orders that compensation has to be paid before starting any construction work. 136. The land possessors, users, tenants and owners, whose land plots are seized and to whom land plots are granted, in case of disagreement with defined amount of losses, can appeal to court. 137. In case of acquisition and temporary occupation of land plot or part thereof, the following would be subject to compensation:

i. Cost of land plot, owned by individuals and legal entities; ii. Cost of residential houses, constructions and installations, including

incomplete constructions, and also located outside of allocated plot, if its further utilization is impossible due to seize of land plot.

iii. Cost of fruits and berries, protection and other perennial plants; iv. Cost of incomplete agricultural production; v. Lost profit.

138. Above described Laws and Regulations mention that non-titled and squatters on land and building/structures are ineligible for any compensations. 139. Collectively, these regulations provide a sound basis for acquiring land for public purposes and for compensating land users according to the registered use of the land in Uzbekistan.

 

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7.1.5. Tax code 140. The Tax Code (TC) is a regulatory framework for taxation related matters of individuals and legal entities. This law regulates compensation for vulnerable group of people in terms of applying discounts or exemption from property taxes, income tax and other taxes stipulated in this TC. 7.1.6. KMK 2.10.03-97

141. Instruction that regulates construction norms for temporary and permanent allocation of land plot to main water and sewerage pipelines. This construction norm is issued by State Committee on Architecture and Construction of Uzbekistan which is the controlling authority for all type of constructions within Uzbekistan. According to this KMK permanent land acquisition will be allowed for on ground pipelines only and in case there will be underground pipeline laying down then temporary land acquisition will be applied only. In this LARP temporary land acquisition will be applied only 7.2. Relevant ADB Policies 7.2.1. ADB Safeguards Policy (SPS), 2009 142. ADB Safeguard Policy Statement 2009, recognize and address the R&R impacts of all the Displaced Persons irrespective of their titles and require for the preparation of RP in every instance where resettlement occurs. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the projects. The guiding principles on ADB’s policy on Involuntary Resettlement are prescribed in SR2 of the 2009 SPS. The objectives are to: (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups. 143. The involuntary resettlement requirements apply to full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (a) involuntary acquisition of land, or (b) involuntary restrictions on land use or on access to legally designated parks and protected areas. Resettlement is considered involuntary when displaced individuals or communities do not have the right to refuse land acquisition that result in displacement. This occurs in cases where (i) lands are acquired through expropriation based on eminent domain; and (ii) lands are acquired through negotiated settlements, if expropriation process would have resulted upon the failure of negotiation. 7.2.2. Other Cross-Cutting Policy Themes 144. Gender and Development (1998). ADB policy adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process for development activities. The 2009 SPS also reiterates the importance of including gender issues in the preparation of safeguard documents at all stages to ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and restoration/improvement of their living standards; and to ensure that women will receive project benefits.

 

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145. Public Communications Policy (2011). This policy seeks the active participation of affected people and other stakeholders during the development and review of safeguard policies on ADB-assisted programs and projects. With respect to land acquisition and involuntary resettlement, the EA shall make available the social safeguards document to APs in the following manner, consistent with ADB’s OM Section F1/OP (January 2010): (i) before Project appraisal, the draft document; (ii) after completion, the final document; and (iii) following revisions as a result of detailed technical design or change in scope in the program or project, the revised social safeguards document. The information thereon can be made available in the form of brochures, leaflets or booklets in the local language/s. When APs include non-literate people, other appropriate communication methods will be used. The social safeguards document in the forms of draft, final and revised version shall be publicly disclosed at ADB website. 146. Accountability Mechanism (2012). This mechanism is part of ADB’s continued efforts to enhance its capacity in responding to and/or resolving the problems associated with the implementation of its policies in all programs or projects it assists. It consists of a consultation phase and a compliance review phase, by which the problems or issues raised by the affected people and/or stakeholders are investigated and resolved. The complaints who have exhausted the effort to resolve problem with the Project and ADB’s operation, can submit their complaint in written in any national language of the affected people to Compliance Review Panel. In Uzbekistan, the complaints could be submitted through the ADB Resident Mission at 1A.Khodjaev Street, Tashkent 100027 (Tel: +998711401920: Fax: +998711401900; Website: www.adb.org/urm). 7.3. Comparison of Uzbek Laws, Regulations and Procedures and ADB SPS

147. Comparison of the Uzbekistan LAR Policy with the ADB Involuntary Resettlement Safeguard Policy indicates that key elements of the ADB Policy are present - particularly those related to valuation of immovable property. The ADB’s principle of avoidance or minimization of resettlement is reflected in Uzbekistan Legislation. 148. The key policy differences are related to APs without title, or registration (businesses and structures). In order to remedy this, Uzbekistan has ensured that all land, businesses and structures will be registered prior to resettlement, at no cost to the AP, and then transferred or compensated under the relevant entitlement. 149. Some of the other areas of difference between ADB Policy and National Laws are issue of information dissemination and consultation with displaced households, lack of clarity on land compensation, lack of compensation for businesses that lose income as a result of the Project, and no provision for severely affected households. 150. A summary comparison between the Uzbekistan Law and Regulation and ADB policies, and reconciliation provisions to fill the gaps is presented as Annex III. 151. The reconciliation provisions to fill these gaps have been agreed upon between MAWR and ADB after a series of meetings where MAWR requested that the TA Resettlement Consultants more fully explain the implications of both GoU and ADB policies for the overall impact of land acquisition and resettlement on the Project, specifically what costs would be incurred by MAWR for meeting compensation payments and when AHs would need to be compensated. 7.4. Resettlement Policy & Principles for the Project

152. In line with the Uzbek national and local laws and regulations on land acquisition and compensation and incorporating ADB SPS (2009), the following principles for the

 

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compensation/rehabilitation of families affected by the Project will be followed, and communicated to all stakeholders:

(i) All affected households will receive compensation, even if they are without lease or formal recognition. This includes any temporary structures, informal agricultural activities. In case of unregistered land users in case of Orchard land, to enable the Project to compensate such unregistered land users for land losses under Uzbekistan laws, representatives from the District Cadastral Offices will such advise affected land users to register or update the registration of their lands. Under the LARP those who have unregistered land will be registered free of charge prior to compensation. This will be facilitated by the MAWR.

(ii) All construction through agricultural land will be timed to minimize any impacts on the income and activities of adjoining land parcels.

(iii) All construction over public rights of way – footpaths, pipelines, driveways and roads will be undertaken rapidly and without undue delay to avoid inconvenience to orchards and farmer.

(iv) A defined grievance procedure has been established. When a land leaseholder or user does not agree with a decision regarding compensation or change of the land use (lease), it may not be exercised before the dispute is resolved judicially. In addition, any person who feels that they are in any way worse off can take their grievance to the highest level, at the cost of the project.

(v) Those people who face significant impacts (losing more than 10% of their productive asset and/or physically displaced from housing) will receive additional support, assistance and compensation.

(vi) Vulnerable groups, including female-headed households, the poor, disabled, or families with significant numbers of elderly or disabled members will receive additional support, assistance and compensation to ensure that they are not severely affected.

(vii) APs may use and exercise their rights to a land plot and make necessary expenditures in compliance with its purpose after notification of acquisition for public needs until compensation is agreed. However, there will be no entitlement to additional compensation based on these improvements if made after the cut-off date.

 

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VIII. ENTITLEMENTS AND COMPENSATION STRATEGY

8.1. Entitlements to Compensation

153. The following groups of affected persons (APs) are included in the LARP:

(i) All APs losing land (with different title status namely lifelong inheritable possession, permanent possession status, leaseholder, unregistered but willing to pay tax and become leaseholders).

(ii) APs losing structures, crops, tree, or other objects attached to the land; and, (iii) Employees.

154. Compensation eligibility will be limited by a cut-off date established based on the last day of the census of AHs (October 14, 2013). Households who settle in the affected area and/or make any changes in their orchards or construct or erect new physical structures after the cut-off date will not be eligible for compensation. They will, however, be given sufficient advance notice requesting them to vacate premises/corridor and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and will not be subject to fine or compensation.

8.2. Formalization of Lease/Registration

155. To enable the Project to compensate unregistered land users under Uzbekistan laws, representatives from the District Cadastral Offices will advise affected land users to register or update the registration of their lands. Under the LARP those who have unregistered land will be registered free of charge prior to compensation. This will be facilitated by the MAWR. 156. APs who have already paid for registration after project identification, and feel that this was unjust, can register their case to the grievance committee providing proof of date and amount charged. GRC depending on merit of case may refund their registration fee.

8.3. Compensation and Valuation of Assets

157. This section details the entitlements for compensation for assets affected by the project.

8.3.1. Land

158. In this LARP no land will be taken on permanent period but for temporary period. Therefore, no compensation is applied as land to land basis. However if the permanent land acquisition will be unavoidable then following entitlements will be applied to affected households. 159. Compensation for agriculture land will be on a “land for land” basis, with land being provided to owners by the District Hokimiyat following assessment by the LARC. Such land will be of equal value/productivity in a nearby location and with comparable associated services/ facilities, or compensation to provide such services. Transaction costs, registration fees, if any, will be borne by EA. 160. Alternatively, cash compensation for agricultural land at replacement cost will also be provided. The compensation for the permanent loss of land use rights over the affected agricultural land will be compensated equivalent to 4 years net average income of the past 3 years (of the affected annual crop).

 

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161. In cases wherein all or parts of the lease holding become unviable, unaffected portions of a plot will also be compensated. 162. In the case of Orchards, APs who do not have a formal lease at the cut-off date, will have a choice to pay unpaid land taxes13 and formalize the lease. The affected leased land will then be compensated as per a normal leaseholder. 163. Severe loss of agricultural land. In the case of severe impact, where more than 10% of a productive asset (leased and unleased land) is to be acquired, a severe impact allowance will be paid. This will be equal to the net income from an annual crop production (inclusive of winter and summer crop in addition to standing crop compensation). This is in addition to the compensation for land loss.

8.3.2. Crops and Trees 164. Loss income from crops planted on the affected affected land will be compensated in cash at replacement cost based on 1 year of production cost (inputs) plus an allowance equivalent to 1 year average net income computed based on the average income over the past 3 years. Loss income from fruits trees will be compensated in cash based on the average annual income for the past 3 years multiplied by the 4 times to reflect the duration from planting to reach the productive stage. In the case of loss of timber trees, compensation will be based on the market value of their dry wood volume. The compensation for trees will be free of deduction for the value of the wood left to the AH.

8.3.3. Loss of Income/Livelihood

165. HH losing business will be paid cash compensation for the period of business interruption14 up to 6 months, or 6 months cash compensation in case of permanent closure of business. This will be calculated based on the estimated average monthly income in the past 3 years multiplied by the number of months of business interruption. Workers from the affected businesses will be paid for lost wages for the duration of business interruption up to 6 months, or 6 months cash compensation in case of permanent closure of business. In case of agricultural workers losing their employment as a result of land acquisition, cash compensation will corresponding to their salary (in cash and in kind) for the remaining part of the agricultural year or contractual period whichever is higher.

8.3.4. Relocation 166. No relocation cost is foreseen in this LARP since only temporary structures are being affected. Affected households have their own living buildings apart these affected structures.

8.3.5. Vulnerable Households 167. Vulnerable households will be provided with a one-time additional allowance equivalent to their 3 month average household income. In addition, members of vulnerable households will also be prioritized in project related employment. The Mahallas and district government have a record of all households in the communities and will be tapped in identifying and certifying vulnerable households.

8.3.6. Community Utilized Facilities

                                                            13This unpaid land tax relates to the use or lease of land. Such is different from the transaction costs related to the processing of compensation which will be shouldered by the project. 14 Business interruption includes the time for receiving a new land plot, and designing/building of a new commercial structure.

 

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168. Any impact to the social infrastructures of local communities will be rehabilitated as of pre-project condition. MAWR will provide cash compensation either will restoreto the local communities or other agency responsible to maintain any affected social infrastructures.

8.4. Valuation Process

169. All valuation of the property and assets will be at the replacement value. The LARP sets eligibility and entitlement provisions establishing compensation rates in accordance with guidelines from the Land Code of the GoU and ADB SPS 2009. 170. Structures will be valued through calculating the replacement cost based on cost of materials, type of construction, labor, transport and other construction costs as on date. No deductions will be applied for depreciation or transaction costs. Salvaged materials will be allowed to be taken away by the APs prior to demolition at no charge. 171. Assessment of the affected structures will be done by a certified valuation expert requested directly by the AHs. Fees paid for valuation service will be paid by MAWR to AH. 172. All compensation and assistance to be provided for this project is summarized in the entitlement matrix below (See Table 8.1). This entitlement matrix is in compliance with LARF and also updated as of current State law. However conditions in this LARP have been increased in comparison of LARF.

Table 8.1: Entitlements Matrix

Type Specifications Affected HHs Entitlement

A. Impact on Land A.1. Agricultural land

All land losses independent of impact severity.

Leaseholders 1. Land for land compensation with plots of equal value/productivity class, comparable location, and agricultural support services (or compensation to provide such services); OR Cash Compensation at replacement cost by providing compensation for loss of land use rights equivalent to 4 years of the net average income of the past 3 years (of the affected annual crops.)

2. Compensation for pastureland will be compensated in cash based on the average annual production of pasture grass (at market rate) multiplied by four (4 years).

3. Unaffected portions of an affected arable plot will also be compensated, if the same becomes unviable after impact.

4. Transaction cost, registration fee, related to new plot allotted, to be will be borne by MAWR.

Additional provision in case of severe impacts (more than 10% loss of productive assets)

Leaseholders 1. Severe impact allowance equal to the net income from annual crop production (inclusive of winter and summer crop in addition to standing crop compensation)

A.2. Orchard land

Land Loss Lifelong inheritable

1. Land for land compensation through provision of a plot comparable in

 

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Type Specifications Affected HHs Entitlement

possession/ permanent possession

value/location to the plot lost including services (or compensation to provide such services) to plots lost with registration and transfer charges if any to be borne by the project.

2. Unaffected portions of a plot will also be compensated if they become unviable after impact occurs.

3. All mandatory fees for registering the land, completion of required house design, surveys, acquiring permission for construction under the AHs name and any other related costs will be paid by MAWR.

A3. Unregistered agricultural land

Land loss Unregistered lessee but willing to pay unpaid land taxes15 and become a leaseholder.

1. All entitlements for agricultural land losses as stated above for lease holder.

B. Impact on Structures Structures Full or partial loss

of Structures Temporary possession

1. Cash compensation at full replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. OR

C. Impact on Crops and Trees Agriculture land, orchard, within residential complex

Loss of crops All affected Households

1. Cash compensation at replacement cost for primary (and secondary crops if any) on affected land based on 1 year of production costs (inputs) plus an allowance equivalent to 1 year average net income based on the average income over the past 3 years..

Loss of fruitTrees All Affected Households

(including non leased land

owner)

1. Cash compensation for fruit trees will be based on the average annual income for past 3 years multiplied by by 4 times (years) to reflect the duration from planting to reach the productive stage

2. Felled fruit trees will be kept by the AHs.

Loss of timber trees

All Affected Households

1. Cash compensation for timber trees will be compensated based on market value of dry wood volume.

2. Felled trees will be kept by the AHs.. D. Impact on Income and Livelihood Employment from affected agricultural land

Loss of employment from affected agricultural land

Agricultural workers losing their contract

1. Cash indemnity corresponding to their salary (in cash and in kind) for the remaining part of the agricultural year/or contractual period whichever is higher in

                                                            15 Such taxes are different from all transaction-costs related to the processing of compensation which will be shouldered by the project.

 

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Type Specifications Affected HHs Entitlement

monetary value E. Vulnerable Households

Vulnerable Affected

Households

Low income households,

female-headed households with

fewer than 2 adult income-earners,

the elderly headed HHs with

unemployed family members16 and

disabled)

1. One-time additional allowance equivalent to their 3-month average household.

2. Priority for employment in project-related jobs, training opportunities, self-employment and wage employment assistance.

F. Impact on Community Structures and Assets Community Structures and Assets

Loss or damage to public

infrastructure and utility

Community owned Assets

1. Rehabilitation/replacement of affected structures/utilities (i.e. roads, pavements, pipelines) to pre-Project level.

G. Temporary Impacts during construction Temporary impact on private or

public Land, assets and/or

Income

All affected households and

assets

1. Any kind of temporary land acquisition or impact on private and public assets during project implementation for civil work purposes will be compensated by contractor based on replacement value for structures, rentals for land use, replacement value for crop and tree loss as stated above in the entitlement matrix.

H. Any unanticipated Impacts Any unanticipated impacts identified during Project implementation will be compensated in full at replacement rate or the entitlements listed in the Resettlement Framework prepared for this Project.

                                                            16In case of unemployed APs, necessary required paper from local Labor authorities.

 

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IX. RELOCATION OF HOUSING AND SETTLEMENTS

173. In this LARP no affected households will be relocated. No temporary structures of households will be affected. AHs have their own permanent houses and therefore this section will not cover relocation options.

 

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X. INCOME RESTORATION AND REHABILITATION 174. There are only four affected households that would lose part of their agricultural land. However, it would not affect them adversely, as the share of land plots that will be acquired for the project use is very small compared to the whole agricultural land of these households. In addition, the project area will cross only the boundary of the farmers’ land. Therefore, the loss of the small plot of land would not affect their wellbeing and they would continue working on their land as they used to do it before. After discussion the issue with the heads of the affected households, the consultant determined that the land loss would not have negative impact on their agricultural activity and income. Hence, the LARP does not include the income restoration and rehabilitation. Only costs of the orchard trees and cotton yields of the four affected households that were determined by the appraiser would be compensated for these four households.

 

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XI. RESETTLEMENT FINANCING AND BUDGET

175. This section provides an itemized budget for all resettlement activities, including all compensation and assistance and cost for implementation of LARP. 176. In order to ensure that sufficient funds are available for LAR tasks, the MAWR will ensure allocation of 100% of the cost of compensation at replacement cost and expected allowances estimated in each LARP plus contingencies before LARP implementation. As the EA, MAWR will approve the budgets and facilitate the release of funds for implementing the LAR. The LARPs will describe the flow of funds including the accounting systems required for it as this is part of the overall Development Expenditures of the Project for which ADB, through the EMA, will monitor the disbursements for LARP. 177. MAWR will provide compensation for lost assets and other allowances in accordance with the entitlements agreed in the LARP and reflected in the Entitlement matrix. 178. The details of the compensation cost for each category of impact are provided in the following sections. 11.1 Agricultural Land 179. According to the KMK norms no land will be acquired for permanent period and construction will not affect any crops of farm. In case there will be permanent land acquisition from cropping farm the following entitlements will be given to AHs. The compensation for the permanent loss of land use rights over the affected agricultural land has been determined using the following formula:

Compensation = Total agricultural area affected by LA X 4 net income based average net income of the last 3 year.

The compensation for affected agricultural lands will include the compensation for 4 years in accordance with average net income of the last 3 years. 180. According to the EA’s design institute information the whole construction procedure of water pressure pipeline will not exceed more than 5 (five) month and construction activity is planned during the winter time when there is no crop on the field. 181. The construction of new building of pumping station Kyzyl Ravat-2 will not affect to any AHs’ orchards not farming crops given in this LARP. 182. In case there will be crop impact or construction period will be extended for the cropping period then, compensation for the temporary loss of land use rights over the affected agricultural land is determined by the following formula:

Compensation = Total agricultural area affected by LA X 1 net income based average net income of the last 3 year. Multiplication for 1 is the construction period of 1 year during which it is impossible to continue with normal agricultural cropping activities.

11.2 Trees 183. Fruit trees will be compensated at replacement cost equivalent to the average year net income from last three years plus input costs multiplied by 4 times (years) to reflect the duration from planting to reach the productive stage. The estimate has taken into account

 

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legal regulations of GoUz, view of the affected households through consultation, information from valuators and other relevant authorities. The total fruit tree compensation is US $ 4 344. 184. The timber trees will be compensated at the rate equal to the market value of dry wood volume of the tree. The compensation for the affected trees will be free of deduction for the value of the timber left to the affected households. The total timber tree compensation is US $ 1 000.Table 11.1 below enumerates the compensation for fruit and timer trees respectively.

Table 11.1: Compensation for Trees

Type of tree Number of trees Compensation, UZS Compensation, USD

Fruit 81 9,328,782 4,334 Timber 50 2,151,790 1,000 Total 131 11 480 572 5,334

185. Detailed budget for trees is presented in Annex VIII. 11.3. Agricultural crops 186. The agricultural crops will be compensated at the rate equal to the market value of crop yield per ha. The total agricultural crops compensation is US $ 1 000. Table 11.2 below enumerates the compensation for agricultural crops respectively.

Table 11.2: Compensation for agricultural crops

Type of crop Number of trees Compensation, UZS Compensation, USD

Cotton 0,6 4 968 000 2 308 Total 0,6 4 968 000 2 308

187. Detailed budget for crops is presented in Annex VIII. 11.4. Summary Budget 188. The tentative LARP Budget is around US$ 7,642. The detailed budget items are summarized in Table 11.3 below.

Table 11.3: Summary Budget

Description UZS USD

TREES (including fruit and timber tress) 11 480 572 5,334

AGRUCULTURAL CROPS 4 968 000 2,308

TOTAL 16 448 572 7,642

 

 

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XII. IMPLEMENTATION SCHEDULE 189. This section includes a detailed, time bound, implementation schedule for all key land acquisition and resettlement activities synchronized with the project schedule of civil works construction. 190. A timeline for updating LARP preparation, implementation and post implementation is summarized in Table 12.1.

Table 12.1: Steps for LARP Activities

Step Action Responsibility Timing

A) IMPLEMENTATION

1. Preparation of plan for payment of each affected asset

District Land Acquisition and Resettlement Committee and Resettlement Consultant PMO

November 2013

2. Public consultation and information sharing on LAR activities

District Land Acquisition and Valuation Committee and

Resettlement Consultant PMO November 2013

3. Detailed schedule for compensation action plan District Land Acquisition and

Valuation Committee and PMO November2013

4. Disbursement of compensation payments for physical structures of AH

MAWR November -

December 2013

5.

Disbursement of checks for other forms of compensation payable (e.g. agricultural crops) and other assistance (e.g. income support expenses)

MAWR November -

December 2013

6. No objection notice from ADB if LARP implementation found to be satisfactory

ADB December 2013

7. Notice to proceed for civil works is issued ADB/MAWR December 2013

D) ITERATIVE TASKS

1. Internal monitoring. PMO continuous

2. Inter-agency coordination and Communication with AP

PMO-MAWR continuous

 

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XIII. MONITORING AND REPORTING 191. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continues as originally planned. Monitoring is important for ensuring that the LARP is effectively implemented, unforeseen impacts related with land acquisition activities can be identified and appropriate measures to address the same can be taken in a timely manner. 192. The implementation of LARP will be monitored by the Safeguard Officer of the PMO in close coordination with local khokimiyat and CBOs. The report on LARP implementation will be prepared by Resettlement Specialist. 193. Internal Monitoring: Internal monitoring of LAR will be routinely performed by the PMO. Related information will be collected from the field and reported to the PMO to assess the progress and results of LARP implementation, and to adjust the work program, if necessary. Indicators for the internal monitoring will be those related to process and immediate outputs and results, in which benchmarks will be: (i) Information campaign and consultation with APs; (ii) Status of land acquisition and payments on land compensation.  

 

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XIV. CONCLUSIONS AN RECOMMENDATIONS 194. In this section the possibilities to minimize the impact by moving project red line, by decreasing the width of ROW is described. During the examination of the project area it has been found that PMO has developed alternative (3d) design together with the design group. The alternative option was developed in order to minimize or avoid the impact of the construction works. Analyzing cost effectiveness of new red line or proposed red line, it is anticipated that the construction works would be launched in winter time when the harvest is already collected. 195. New design’s impact is very small and only 4 AHHs are would be affected. During the consultation with the design group and contractors it has been determined that there is no temporary structures to be affected. 196. In order to avoid negative impacts on crops and consequently income of employees, laying down of water pressure pipelines must be carried out in winter, from October 2013 till March 2014.. 197. New design will foresee the possibility of decreasing the width of ROW (30 meters). This minimization should correspond to construction norms. 198. Project will minimize the impact on trees, particularly on those with the relatively great age and large diameters. 199. The compensation will account to approximately 7.642 USD (16.4 mln. UZS)

 

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ANNEX I: Census Survey Questionnaire

I. Basic Information 1. Questionnaire No.: 2. Date (d/m/y): 3. Name of Interviewer (First/Last/Patronymic):

4. Region: 5. District: 6. Massive: II. Land Acquisition 7. Length of the line crossing the land plot (m): 8. Temporary land acquisition (ha): 9. Width of the line (m): 10. Permanent land acquisition (m2): III. Land Use Information 11. Name of the affected plot owner (First/Last/Patronymic):

12. Gender: Male Female 13. Land plot size (ha): 14. Ownership: Owner Tenant Sharecropper Other (specify): ____________________________________________ 15. Land use type: Agricultural Residential Commercial Industrial Other: __________________________________ (If “Agricultural” go to “16”, otherwise go to “18”) 16. Land category: Irrigated Arable Pasture Grassland Garden Other: ________________________________________ 17. Soil bonitet: _____________ IV. Economic Assessment of the Agricultural Farm 18. Crop I name: ________________________________________________________________ 2010 2011 2012 a. Planting area (ha): b. Yields (centner/ha): c. Production costs per tons: d. Average price per tons: e. Gross harvest: f. Product price per tons g. Average profit 19. Crop II name: ________________________________________________________________ 2010 2011 2012 a. Planting area (ha): b. Yields (centner/ha): c. Production costs per tons: d. Average price per tons: e. Gross harvest: f. Product price per tons g. Average profit 20. Crop III name: ________________________________________________________________ 2010 2011 2012 a. Planting area (ha): b. Yields (enter/ha): c. Production costs per tons: d. Average price per tons:

 

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e. Gross harvest: f. Product price per tons g. Average profit V. Affected Trees 21. What are the trees that will be affected under the program? Type of tree Total unit Number of

affected units Cost to grow one unit

Income/Year 2010 2011 2012

a. Fruit tree:(i)______ Fruit tree: (ii)________ Fruit tree: (iii)_______ Fruit tree: (iv)_______ b. Timber: (i)_______ Timber: (ii)__________ Timber: (iii)_________ Timber: (iv)_________ c. Design d. Other ___________ VI. Affected Structures (Buildings) 22. Structure I (name, description): ____________________________________________________ a. Subject for demolition (Y/N) b. Type of the building c. Construction year d. Ownership right e. Ownership since (year)

Structure detailsf. Total building area (sq.m) g. Foundation material h. Wall material i. Roof material j. Overall condition (1-lowest, 5-highest) k. Estimated replacement cost l. Length m. Width n. Height o. Availability of legal documents to support claim for compensation (Y/N) p. Document name 23. Structure II (name, description): ____________________________________________________ a. Subject for demolition (Y/N) b. Type of the building c. Construction year d. Ownership right e. Ownership since (year)

Structure details f. Total building area (sq.m) g. Foundation material h. Wall material i. Roof material j. Overall condition (1-lowest, 5-highest) k. Estimated replacement cost

 

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l. Length m. Width n. Height o. Availability of legal documents to support claim for compensation (Y/N) p. Document name 24. Structure III (name, description): ____________________________________________________ a. Subject for demolition (Y/N) b. Type of the building c. Construction year d. Ownership right e. Ownership since (year)

Structure details f. Total building area (sq.m) g. Foundation material h. Wall material i. Roof material j. Overall condition (1-lowest, 5-highest) k. Estimated replacement cost l. Length m. Width n. Height o. Availability of legal documents to support claim for compensation (Y/N) p. Document name 25. Available utilities: Electricity Drinking water Hot water Gas Other ___________________________________ VII. Affected Business 26. Please indicate the following information in case business affected under the project: a. Ownership b. Type of business c. Registration d. Value if business sold e. Income per year f. Expenditure per year g. Profit per year

Workers h. Number of workers i. Number in full time equivalent

Including j. Number of male workers k. Number of female workers l. Average salary (monthly)

Tenants m. Rent paid per month n. Contract validity VIII. Annual Income 27. Please indicate your income by source and by year starting 2010:

Source Years 2010 2011 2012

a. Agricultural production

 

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b. Forest products c. Livestock d. Renting e. Remittances f. Other (specify): ________________ 28. Will construction of the water pressure pipeline affect the value of your land plot? Yes No (if “Yes” go to 29, otherwise go to 30) 29. In what terms construction of the water pressure pipeline affect?

30. Comment on potential land acquisition or resettlement

Checked by (signature of interviewer): ____________________________________________ I have been informed that I will not be compensated any trees planted or structures built after cut off date___________________ Name _____________________________________ Date (d/m/y): _________________ Signature______________________________ Phone number________________________

IX. Additional Information. To be filled-in by interviewer 31. Type of effect: Losing Structure Losing total land Losing part of land Losing source of income only Losing only land fixtures (trees) Other (specify): ______________________________________________________ 32. Ownership as per revenue records and field verification: Owner as per revenue record and at site is same Owner is not residing/cultivating land but given on lease/rent Absentee land lord Present Owner is not registered his land-ownership record in the name of previous owner Recently purchased land, not registered yet Other (specify): ______________________________________________________ 33. Any additional comments

 

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ANNEX II: Socioeconomic Survey Questionnaire

I. Basic Information 1. Questionnaire No.: 2. Date (d/m/y): 3. Name of Interviewer (First/Last/Patronymic):

4. Region: 5. District: 6. Massive: 7. Name of the respondent (First/Last/Patronymic):

8. Respondent’s relationship to head of the household: Father Mother Brother Sister Other: ___________________ II. Household Identification 9. Name of the Head of household (First/Last/Patronymic):

10. Gender: Male Female 11. Ethnic background: Uzbek Tajik Kazakh Karakalpak

Jewish Russian Ukrainian Korean Other: ___________________________

12. Religion: 13. Address: (house No., street)

14: Total area (ha): 15. Number of buildings: 16. Building area (ha): 17. Do you consider yourself part of a minority? Yes No N/A 18. Do you consider yourself disadvantaged because of this? Yes No N/A 19. How many other households in your minority do you know? 20. Household Head (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 21. Family member II (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status:

 

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Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 22. Family member III (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 23. Family member IV (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 24. Family member V (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________

 

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25. Family member VI (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 26. Family member VII (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 27. Family member VIII (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 28. Family member IX (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school

 

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Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 29. Family member X (Name) (First/Last/Patronymic):

a. Relationship: Father Mother Brother Sister Other: ___________________ b. Gender: Male Female c. Age: d. Marital status: Married Single Divorced Widowed Other: ___________________ e. Education: Cannot read and write Elementary school High school Other: __________________________________________________ f. Main occupation: g. Secondary occupation: h. Skills: i. Requires special care of disabled: Special care Disabled Other: ____________________________________ 30. Average annual income of the family: III. Expenditure Pattern 31. What are the main expenditures of the household?

Expenditures Amount a. Food b. For utilities (gas, electricity, etc.) c. Clothing d. Health e. Education f. Communication g. Social functions h. Agriculture (hiring tools, seed, etc) i. Other (specify) j. Total IV. Indebtedness 32. Have you received any loans in the last year? Yes No (if “No” go to next section) 33. Source I: who issued you the loan? Bank Private Other: ______________ a. How much is the loan? b. How much you have repaid? c. How much is interest rate? 34. Source II: who issued you the loan? Bank Private Other: ______________ a. How much is the loan? b. How much you have repaid? c. How much is interest rate? 35. Source III: who issued you the loan? Bank Private Other: ______________ a. How much is the loan? b. How much you have repaid? c. How much is interest rate?

 

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V. Assets 36. What assets do you have?

Type of assets Value a. Durable assets (Car, Bicycle, TV, Video, etc.), list: b. Household items c. Livestock d. Agricultural assets e. Other: ________________________________ f. Total VI. Coverage Under Government Development Schemes 37. Do you have any benefits under government schemes? Yes No (if “No” go to 40) 38. What is the name the scheme? 39. What benefit did you get? Loan Training Employment Other ________________ VII. Migration 40. Did any of your family members out migrated for work to other parts of Uzbekistan, in the last three years? Yes, Where:____________ No (If “No” go to 46) 41. Did any of your family members out migrated for work to foreign countries, in the last three years? Yes, Where: ____________ No (If “No” go to 46) 42. Was this migration permanently? Yes No 43. When did they visit home last time? ___________________________________________ 44. What kind of employment has the person undertaken? Agricultural labour Construction Trade & business Other________________ 45. How much, on average, did the person/s earn? ________________ VIII. Resettlement and Rehabilitation Options 46. If the proposed project affects your land or structure will you allow voluntarily getting land plot in temporary period? Yes No (if “No” go to 48) 47.If the proposed project affects your trees will you allow voluntarily to cut off trees? 48. Would you require assistance? Yes No 49. What kind of assistance will you prefer? ____________________________________________ 50. Do you require compensation? Yes No 51. What is your legal status towards the property? Legal owner (skip 53) Tenant/sharecropper (go to 53) 52. What kind of compensation would you prefer? Land for land Cash compensation Part property and part cash Other (please, specify)______________________________________________

53. How far will you move from here to find a work (km)? ___________________________

 

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ANNEX III: Comparison of ADB SPS and Uzbekistan Law and Regulation for Land Acquisition and

Resettlement

ADB Safeguards Requirements

UZBEKISTAN Laws and Regulations for

Land Acquisition and Resettlement

Reconciliation

Apart from AH with formal rights to land the ADB recognizes AH without formal rights but who are recognized or recognizable under national laws and AH who have lost the land they occupy in its entirety or in part or who have no formal legal rights or recognizable claims to such lands.

Compensation is provided only to titled and registered landholders.

The issue is not relevant for agricultural land for this LARP, because, all farmers affected by the land acquisition are title holders. For impacts to the housing there are two AHs that do not have formal title to their house but the EA has stated it will assist both AHs to obtain title at no cost to either AH. In case, the process to legalize affected people title on housing is failed, for this LARP, the EA will provide compensation in-kind (not cash) in the form: assist the process to apply to local government to get land for new house, provide a labor to bring the house (salvage materials) to the new place, provide construction materials for new house equal to the affected house, provide temporary shelter when the new house is being constructed for maximum 24 months.

Borrower is required to provide adequate and appropriate replacement land and structures at full replacement cost for lost land and structures, an adequate level of compensation for partially damaged structures, and relocation assistance, if applicable, to all eligible AH. Eligible AH are defined as those who occupied the land or structures in the Project area prior to the cutoff date for resettlement assistance.

Provide compensation for buildings, crops, trees and other assets. However, land compensation is not fully defined for those that lease land only for those that have the right to use the land.

This Project will provide compensation for loss of use rights, buildings and crop losses. Cut-off dates have been established for this section of the road construction based on the day the IOL was completed.

 

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ADB Safeguards Requirements

UZBEKISTAN Laws and Regulations for

Land Acquisition and Resettlement

Reconciliation

Preference will be given to land-based resettlement strategies for AH whose livelihoods are land-based. Where replacement land is offered AH are provided for land for which there is a combination of productive potential, favorable location advantages, and other factors at least equivalent to the advantages of the land acquired. If land is not the preferred option of AH, or sufficient land is not available at a reasonable price, non-land based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost.

Land compensation at market rate is specifically indicated for land ownership only. For permanent loss of land use right or leasehold is compensated as land to land, However it is unclear how compensation should be for permanent loss of land use right if land to land is not applicable.

Land will be compensated either by provision of replacement plot or in cash. For agricultural land, replacement cost will be computed based on the net income of the affected plot. For this LARP the replacement costs will be equal to average net income for the last 3 years multiple by 4 times. For the replacement of residential housing there is the possibility to provide land-for-land in the Project area and this also applies to for non-agricultural land that other physical structures are located.

Rate of compensation for acquired housing and other assets will be calculated at full replacement cost. Where market conditions are absent or in a formative stage, the borrower will consult with AH to obtain adequate information about recent house sale transactions and other related information

There is a formal market for houses in Uzbekistan but not in the rural areas of Namangan where some parts of this Project is located. Nevertheless, it has been possible to calculate full replacement cost for acquired housing and other physical assets. Compensation for land of housing will be provided by the Government in the same administration area. The replacement of land plot for housing will be located in the area with all necessary communal services (access road, water supply, electricity and gas).

For rate of compensation for housing to be acquired the Project based its estimates on (i) values of houses constructed under the ADB-financed Rural Housing Project; (ii) recent house sales identified by AH and other local informants; and (iii) current cost estimates of construction markets in Namangan.

For economically AH, regardless of whether or not they are physically displaced, the borrower will promptly compensate for loss of income or

Provision exists for the prompt payment of compensation for loss of income or livelihood sources at full replacement cost but not for other forms of assistance.

For all affected paid workers they will be entitled to receive an equivalent income on loss of employment or be provided with work of a similar nature at or in excess of income currently received for up to two years.

 

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ADB Safeguards Requirements

UZBEKISTAN Laws and Regulations for

Land Acquisition and Resettlement

Reconciliation

livelihood sources at full replacement cost. The borrower will also provide assistance such as credit facilities, training, and employment opportunities so that they can improve, or at least restore their income-earning capacity, production levels, and standards of living to pre-displacement levels.

For crops, Uzbekistan laws and regulations will only compensate in cash the costs inputted to grow the crops. In addition the EA will provide an additional allowance equal to 1 year net income irrespective of the age of the crops. For fruit trees, Uzbekistan laws and regulations allow cash compensation for the cost of seedling, planting, and maintaining to raise the tree until productive harvesting age. Costs incurred for growing trees until they reach productive harvesting age will be paid based on an additional allowance equal to 1 year net income. For timber trees, Uzbekistan laws and regulations allow the cash compensation at the same treatment with fruit trees. For this LARP, aside from costs to grow the trees until productive harvesting age, additional cash payment equal with the market price of the wood will be provided. The compensation for the affected trees will be free of deduction for the value of the wood left to the AHs.

Affected business owners are entitled to (i) the costs of reestablishing commercial activities elsewhere; (ii) net income lost during the transition period; and (iii) costs of transferring and reinstalling plant, machinery, or other equipment. Business owners with legal rights or recognized or recognizable claims to land where they carry out commercial activities are entitled to replacement property of equal or greater value or cash compensation at full replacement cost.

Affected Business will be compensated for losing the structure at the market value and for land plot the Government will provide replacement land plot in the same administrative area. However, AH who derive their income from businesses and who incur losses as a result of a project are not compensated for such losses.

For businesses, Uzbekistan laws and regulations allow the payment of compensation for the loss of business premises but this LARP provides for all AH who derive income from business activities to be paid cash compensation based on average net income over the past 3 years until the AP is able to resume normal business activities and at least at pre-Project levels of profitability.

Where AH are physically displaced the borrower will provide (i) relocation assistance; (ii) secured

Provision exists to meet the requirements of (i) and (ii) but not (iii) to (v) inclusive.

As this Project does not require the relocation of AH to resettlement sites in different communities (iv) and (v) are not applicable. However, (iii) applies but AH will

 

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ADB Safeguards Requirements

UZBEKISTAN Laws and Regulations for

Land Acquisition and Resettlement

Reconciliation

tenure to relocation land; (iii) better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services as required; (iv) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and, (v) opportunities to derive appropriate benefits from the Project.

be compensated so they can rebuild houses to at least the pre-displacement standard but if they choose to build better houses the Project requires them to pay the difference between actual replacement cost and the costs they incur building new houses. For crops, Uzbekistan laws and regulations will only compensate in cash the costs inputted to grow the crops. In addition the EA will provide an additional allowance equal to 1 year net income irrespective of the age of the crops. For fruit trees, Uzbekistan laws and regulations allow cash compensation for the cost of seedling, planting, and maintaining to raise the tree until productive harvesting agecomprising 4 years. Aside costs for growing tree until reach productive harvesting age, additional allowance equal to 1 year net income will be provided. For timber trees, Uzbekistan laws and regulations allow the cash compensation at the same treatment with fruit trees. For this LARP, aside from costs to grow the trees until productive harvesting age, additional cash payment equal with the market price of the wood will be provided. The compensation for the affected trees will be free of deduction for the value of the wood left to the AHs.

Involuntary resettlement should be conceived of and executed as part of a development project. The best strategy is to share project benefits in addition to providing compensation and resettlement opportunities.

No provision or mention of such developmental outcomes.

A project of this nature is limited as to what it can achieve but this project will create at least some temporary waged positions in communities where such opportunities are at present extremely limited. This also provides such AH with work experience of a non-agricultural nature and enhances their employability outside of the agricultural sector where there are more waged employment opportunities of a non-seasonal nature at higher levels of remuneration. For severely AH the Project will provide allowances in cash equal to 3 months income based on the tax declaration of the AP and for those without a taxable income

 

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ADB Safeguards Requirements

UZBEKISTAN Laws and Regulations for

Land Acquisition and Resettlement

Reconciliation

allowances will be based on the minimum wage for 3 months.

The borrower will ensure that no physical or economic displacement will occur until: (i) compensation at full replacement cost has been paid to each AP for project components or sections that are ready to be constructed; (ii) other entitlements listed in the RP (LARP) have been provided to AH; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to assist AH improve, or at least restore, their incomes and livelihoods.

Provision exists for (i) and (ii) but not (iii).

A comprehensive income and rehabilitation program has not been prepared for this Project because of its very limited impacts but AH will be paid compensation in full prior to the commencement of civil works.

 

ANNNEX IV: Projject Impactt by land ac

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cquisition.

New and pprevious prreliminary ddesign

 

ANNNEX V. Neww prelimina

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ary design

(Project deesign – option 3)

 

AANNEX VI:

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Projectimppact on AHHs

 

76

 

77

 

78

 

79

 

ANNEX VII: Pro

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oject RIGHTT-OF WAY (ROW)

 

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ANNEX VIII: Detailed compensation

Detailed compensation of trees17

Name of AHHs

Tree Compensation

Name Type Total Affected

Age Diamet

er

Market value per tree UZS

Average net income per year / 1 tree

UZS USD

Gofurov Shuhrat

Plum fruit 30 12 8 60 9 400 20 000 1 072 800 498

Poplar timber 800 30 5 15 30 223 - 906 690 421

Qobulov Gulomjon

Pomegranate

fruit 52 20 15 5 2 564 12 000 1 011 280 470

Fig fruit 9 1 15 50 18 800 30 000 138 800 64

Walnut fruit 42 16 15 40 27 346 60 000 4 277 536 1 987

Poplar timber 300 50 6 20 24 902 - 1 245 100 578

Rustamov Bahodir

Almond fruit 11 2 15 110 34 183 345 000 2 828 366 1 314

TOTAL 1244 131 300 11 480 572 5 334

Detailed compensation of agricultural crops18

Name of AHHs

Agricultural crops Compensation

Name Type Total area /

ha

Affected area / ha

Annual crop

yield per ha

Lost income per year

/ kg

Cost per kg

Average lost

income (crop

yield) per year

Lost income for 4 years,

UZS USD

Rustamov Qodirjon

Cotton a/c 20 0,6 27,6 1656 750 1 242 000 4 968 000 2 308

TOTAL

4 968 000 2 308

                                                            17 Market value per tree is estimated by appraisal company "NAMANGAN KO'CHMAS MULK VA SARMOYALAR AGENTLIGI" Ltd according to the acts and regulations currently in force in the Republic of Uzbekistan

18 Market value is estimated by appraisal company "NAMANGAN KO'CHMAS MULK VA SARMOYALAR AGENTLIGI" Ltd according to the acts and regulations currently in force in the Republic of Uzbekistan