REPUBLIC OF KAZAKHSTAN MINISTRY OF INVESTMENTS AND DEVELOPMENT COMMITTEE FOR ROADS RESETTLEMENT ACTION PLAN FOR KURTY - BURYLBAITAL ROAD SECTION (KM 2295 - KM 2380) WESTERN EUROPE - WESTERN CHINA INTERNATIONAL TRANSIT CORRIDOR SOUTH WEST ROAD PROJECT (P099270) ILI & ZHAMBYL DISTRICTS, ALMATY REGION FINANCED BY INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT AND THE REPUBLIC OF KAZAKHSTAN Prepared for: Prepared by Committee for Roads KazdorNII in association with Sapa SZ Ministry for Investments and Development 21 Manatau Str., office 10 Republic of Kazakhstan Astana City, Republic of Kazakhstan 32/1, Kabanbai Batyr Ave. E-mail: pmc_kazdornii@mail.ru MARCH 2018 1 Resettlement Planning Document Document Title: Resettlement Action Plan Document Stage: Draft (for disclosure) Prepared on: January 2017 Updated on: March 2018 Language of Document: Russian (original) Country : Republic of Kazakhstan Project Code : P099270 Project Title : SOUTH-WEST Project Section : KURTY-BURYLBAITAL Section, km : 2295-2380 Prepared by the Committee for Roads of the Ministry for Investments and Development, by the Government of the Republic of Kazakhstan for International Bank for Reconstruction and Development (IBRD). The land allocation and resettlement plan is a borrower's document. The view expressed in this document does not necessarily reflect the views of the Board of Directors of the IBRD, the Office or the personnel and may be provisional. 2 Table of Contents ABBREVIATIONS ....................................................................................................... 5 GLOSSARY .................................................................................................................. 6 EXECUTIVE SUMMARY ........................................................................................... 7 1. INTRODUCTION AND THE BACKGROUND ..................................................... 9 1.1. Project Description ............................................................................................. 9 1.2. Project Location .................................................................................................. 9 1.3. Current Status and Project Implementation Conditions ................................... 11 1.4. Objective of the Resettlement Action Plan ....................................................... 11 1.5. Approach and Methodology ............................................................................. 11 1.6. Identification of Project Affected People ......................................................... 12 2. LEGISLATIVE FRAMEWORK FOR THE LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT ........................................................................ 13 2.1. Legal Framework in Kazakhstan ...................................................................... 13 2.1.1. Constitution ................................................................................................ 13 2.1.2. Civil Code................................................................................................... 13 2.1.3. Land Code .................................................................................................. 13 2.1.4. The Law On State Property ........................................................................ 14 2.2. WB’s Involuntary Resettlement Policy ............................................................ 16 2.3. National Laws and WB’s Policy Gap Analysis ................................................ 16 3. SOCIAL AND ECONOMIC CHARACTERISTICS OF THE REGION.............. 19 3.1. Social and Economic Characteristics of Project Area ...................................... 19 3.2. Profile of Affected Population .......................................................................... 21 3.2.1. The Number and Size of Affected Households ......................................... 21 3.2.2. Age, Family Status and Education Level of Head of Affected Households .............................................................................................................................. 22 3.2.3. Ethnic Composition of Affected Population .............................................. 22 3.2.4. Incomes of Households .............................................................................. 22 4. SOCIAL IMPACT AND RISK IDENTIFIED .................................................... 24 4.1. Physical and Economic Impacts ....................................................................... 24 4.2. Loss of Lands .................................................................................................... 24 4.3. Impact on Vulnerable Groups/People ............................................................... 25 4.4. Potential Construction Induced (Temporary) Impacts ..................................... 25 4.5. The Project Affected Parties ............................................................................. 26 5. LAND ACQUISITION, COMPENSATION AND MITIGATION MEASURES 28 5.1. Entitlement for Compensation .......................................................................... 29 5.2. Process of Property Valuation .......................................................................... 29 5.3. Provision for Informal Land Use ...................................................................... 33 6. PUBLIC CONSULTATIONS.............................................................................. 35 7. GRIEVANCES REDRESS MECHANISM ........................................................ 37 7.1. Levels and Procedures of Grievances Redress ................................................. 37 3 7.1.1. GRM: Regional (Oblast) Level .................................................................. 37 7.1.2. GRM: Central Level ................................................................................... 38 7.1.3. GRM: Legal System ................................................................................... 38 7.1.4. Grievance Coordinators.............................................................................. 38 7.1.5. Information Disclosure ............................................................................... 39 8. INSTITUTIONAL ARRANGEMENT ................................................................ 40 8.1. Committee for Roads ........................................................................................ 40 8.2. NC KazAutoZhol JSC ...................................................................................... 40 8.3. Akimats ............................................................................................................. 41 8.4. Project Management Consultant ....................................................................... 41 8.5. Construction Supervision Consultant ............................................................... 42 8.6. Other Authorities and Agencies ........................................................................ 42 9. MONITORING AND EVALUATION PROCEDURE ...................................... 44 10. BUDGET ........................................................................................................... 46 ANNEXES .................................................................................................................. 48 Annex 1. List of Landowners/Users, Permanent Acquisition ..................................... 48 Annex 2. List of Landowners/Users, Temporary Acquisition .................................... 52 Figures Figure 1. Km 2295 – Km 2335 Section .............................................................................................10 Figure 2. Km 2335 – Km 2380 Section .............................................................................................11 Figure 3. RAP Implementation Arrangement ....................................................................................43 Tables Table 1. Road Sections and Sources of Financing ...............................................................................9 Table 2. Comparison of Two Sets of Principles.................................................................................17 Table 3. Population of the Project-affected Districts by Ethnic Composition (People) ....................20 Table 4. The Size of Households Surveyed .......................................................................................21 Table 5. Age of the Surveyed Heads of Households..........................................................................22 Table 6. Education of the Surveyed Heads of Households ................................................................22 Table 7. Monthly Income of the Surveyed Household (per member) ...............................................23 Table 8. Impact Level.........................................................................................................................24 Table 9. Land Plots Permanently Acquired .......................................................................................24 Table 10. Land Plots Temporarily Acquired ......................................................................................25 Table 11. Data on Affected People by Categories .............................................................................26 Table 12. Entitlement and Compensation Matrix ..............................................................................31 Table 13. Land Acquisition Implementation Schedule ......................................................................34 Table 14. Consultations Summary Matrix .........................................................................................35 Table 15. Documentation-Related Expenses (Administrative Costs) ................................................46 Таблица 16. Overall Budget for Land Acquisition ...........................................................................47 4 ABBREVIATIONS ADB Asian Development Bank AP Affected People CR Committee for Roads MID Ministry for Investment and Development IDB Islamic Development Bank EBRD European Bank for Reconstruction and Development GRP Gross Regional Product EBRD European Bank for Reconstruction and Development IFI International Financial Institutions KZT Kazakhstan Tenge LARF Land Acquisition and Resettlement Framework LARS Land Acquisition and Resettlement Survey NGO Non-Government Organization PAP Project Affected Person OP Operational Procedure PMC Project Management Consultant CSC Construction Supervision Consultant CC Construction Contractor PIB Public Information Brochure RAP Resettlement Action Plan GRM Grievance Redress Mechanism RK Republic of Kazakhstan ROW Right of Way TOR Terms of Reference WB World Bank WE-WC Western Europe Western China ORM Operational Requirement Management RPF Resettlement Policy Framework CURRENCY RATE (as of February 15, 2018) Currency Unit – Tenge (KZT) KZT 1.00 = $0.0031 $1.00 = 322,55 KZT NOTE In this report USD means United States Dollar KZT means Kazakhstan Tenge 5 GLOSSARY Affected People, Households, or Legal Entities affected by project related changes in use of land, water, Persons natural resources, or income losses. Compensation Payment in cash or kind to which the Affected People are entitled in order to replace land or other assets taken for project use. Cut-off-date Date after which people WILL NOT BE considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Encroachers People who move into the project area, or who have trespassed into government land adjacent to their own, after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Persons informally using or occupying land prior to the cut-off date are eligible for compensation or alternative forms of assistance. Entitlement Entitlement means the range of measures comprising compensation in cash or kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to APs, depending on the type, degree and nature of their losses, to restore their social and economic base. Household Household means all persons living and eating together as a single-family unit and eating from the same kitchen whether or not related to each other. The census used this definition, and the data generated by the census forms the basis for identifying a household unit. Income Income Restoration means re-establishing productivity and Livelihoods of APs. Restoration Involuntary Any resettlement, which does not involve willingness of the persons being adversely affected, but are Resettlement forced through an instrument of law. Land Land Acquisition means the process whereby a person is compelled by a public agency to alienate all acquisition or part of the land she/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation. Rehabilitation Assistance provided to affected persons to supplement their income losses in order to improve, or at least achieve full restoration of, their pre-project living standards and quality of life. Socially Population, who have income less then living wage, or have other sources of personal vulnerability Vulnerable to hardship in adapting to changes caused by the project. Operationally, this is defined as people People eligible for State Targeted Assistance, as per January 2011 information from Statistic Department of Almaty region. Landowner Physical or legal entity, which uses land plot based on the right of private property, i.e. has purchased the right for property from the state. Lease-Holders A person or a legal entity who holds a right of leasing the land (long or short term) on a contractual bases. Typical long-term lease is 49 years. 6 EXECUTIVE SUMMARY This Resettlement Action Plan (RAP) is prepared for Kurty-Burylbaital road section located between km 2295 and km 2380 that is a part of Astana-Karaganda-Balkhash-Kapshagai-Almaty corridor connecting Almaty, the largest city and business center of the country with Astana, the capital of Kazakhstan. The RAP includes an assessment of the project impact on the parties, resulting from involuntary land acquisition, a description of the social and economic status of the people whose lands are to be permanently and/or temporarily acquired for construction purposes, an outline of the national legislation, the World Bank Operational Policy and comparison table for these two involuntary land acquisition-related frameworks, property evaluation and compensation processes, entitlement and compensation matrix, public consultations and disclosure of information, institutional arrangements, grievance redress mechanism, land acquisition timeframe and monitoring and assessment framework. Project description. This project is a part of the current Government program for reconstruction of Western Europe – Western China Corridor International Transit Corridor. The reconstruction of Kurty-Burylbaital road is financed by loan provided by the World Bank to the Government of the Republic of Kazakhstan within the frameworks of South-West Road Project. The existing K-B road section is two-lane asphalt-paved road of Category II and is going to be reconstructed to Category I four-lane road with asphalt pavement. The entire road section consists of four sub-sections, Lots, where reconstruction of two of them are financed by EBRD and two, 40 km and 45 km, by the World Bank. Traditionally long road sections to be reconstructed are divided into several Lots. Two Lots in subject are located in Almaty oblast, in Zhambyl and Ili districts thereof. This RAP is prepared to mitigate the project adverse impacts on people living in proximity to the area of reconstruction and who are likely to be affected by the land acquisition required for permanent and temporary construction purposes. It describes the scope and scale of land acquisition, regulating laws and mechanisms, measures to identify all affected people who require compensation or assistance. The guiding principles and standards for compensation based on the legislations approved by the Committee for Roads and the Bank policy requirements included in this RAP and applied to this Project. Project impact. This project does not envisage any physical or economic displacement, neither people nor structures, businesses or plantations, only acquisition of bare land plots is needed. Therefore, the impacts are defined as insignificant. In total, 30 parties are affected by the project, where 10 are legal entities, i.e. registered organizations, and 20 households. Each part of land plots required is less than 1% of the land plot owned by each party and, none of the 30 affected parties loses an entire land plot. Project implementation will not lead to loss of employment by any persons as well. Some of the lands are acquired permanently for the road construction, some are required temporarily for other construction-related purposes. Permanent acquisition affects totally 30 parties, and 187.9497 ha of their land plots, both privately owned and leased. Temporary acquisition affects 6 parties out of the same list of 30 parties, where 2 are legal entities and 4 are households, and 20.4190 ha, one in private ownership and five leased ones. Hence, land plots of some persons are acquired both temporary and permanently. None of the lands are of residential category or having built structures, mostly agricultural and just a few are using land for some research and experiment (commercial) purposes. The road designs are developed in such a way that no access restrictions to public places such as burial sites or archaeological monuments within the right-of-way of the alignment. Residential or commercial land plots are not affected by temporary acquisition. 7 Social and economic status. Social survey (census) has been carried out among the affected households to identify social and economic characteristics, project area, affected populated localities, composition and socio-economic status of families affected by the project. Out of 20 households 14 were available during the census survey1. Details of households were obtained from the local Akimats. More than a half of households surveyed (57%) consist of 4-6 members, while 29% include 3 and less members, and 14% of families – 7-9 members. 4 out of 14 surveyed households are women-headed. The average size of a household is 4 people. All 14 households surveyed have been consulted by Road Committees and aware of the road expansion and likely impacts to their lands. None of the affected households entirely depend on agriculture and animal husbandry. They have multiple sources of income including remittent from members working outside the country and other areas of the country. The salary and animal husbandry are the sources of income for most of households affected. Average monthly salary is more than KZT100,000 (USD310) which is over the national poverty line, determined as 40% of the minimum subsistence level which is KZT28,784.00 per person as of January and no vulnerable households among the project affected parties. The first public consultations regarding the proposed Project have been carried out during the development of the preliminary design in August 2014. Representatives of the Committee for Roads, Almaty oblast akimat and designers took part in consultations held in Akshi village of Kurty rural district to provide the basic information on the Project, impacts and issues of the RAP. The second public consultations were held in March 2015 in Aidarly village of Zhambyl district and the third final public consultations were held in April 2017 also in Aidarly village. Information on the road section project, approaches to and aspects of land acquisition and resettlement, requirements of IBRD to resettlement, entitlements for compensation, procedures of grievance redress, data collection and other process under RAP, and monitoring has been presented during these public consultations. Grievance Redress Mechanism. A three tier grievance redress mechanism has been established and functioning in all Akimats that the road constructions are planned. RAP budget includes estimated amount of administrative costs only, since the main mode of compensation is ‘land to land’ (alternative lands) payment of compensation is not required. There are also no expenses related to payment of cash compensation to socially vulnerable persons as there are no such groups/persons living in the project affected area. Akimats of Zhambyl and Ili districts are responsible for all expenses on land acquisition. As stated above, there are no expenses for land acquisition, and budget is only related to documentation of all deeds, re-registration of remained land plots, registration of new land plots, and all associated administrative costs. The total costs of RAP are KZT 2,192,378.76 that is USD 6,796.91 based on currency rate KZT322.55 for 1 USD. The RAP is publicly consulted and will be disclosed both in local languages and in English after obtaining clearance from the World Bank. 1 The reason why only 14 out of 20 households have been surveyed is that some of affected people, notwithstanding that they have property in the area but residing elsewhere, or have no contact people there. Neither akimats nor local people could provide any information on their addresses or other contacts. 8 1. INTRODUCTION AND THE BACKGROUND 1. The Government of the Republic of Kazakhstan now gives priority to the reconstruction of the transit route Centre South Corridor “Astana-Karaganda-Balkhash-Kapshagai-Almatyâ€? under the South West Road Project, and Kurty - Burylbaital Road Section, km 2295 - 2380 is part of the above road. This is the country’s principal link with the international transit corridor from China to Europe often characterized as the New Silk Road. The World Bank (WB), Asian Development Bank (ADB), Islamic Development Bank (IDB), European Bank for Reconstruction and Development (EBRD) and other international financial institutions (collectively referred to as IFIs) have been involved in this major task with the Committee for Roads, Ministry for Investments and Development (CR, MID) as the executing agency (EA) and the Akimat of Almaty Oblast as the Implementing Agency of the RAP. 1.1. Project Description 2. Physically, this proposed reconstruction of the road will require upgrading of the existing two-lane highway within the current right-of-way (ROW), road expanding from two to four lanes road. Reconstruction of major part of the corridor will be rather simple and straight forward, but some sections require more complex inputs from soil testing and new surveying to preparing detailed designs and environmental assessments, determining needs for some land acquisition consulting local officials and stakeholders to gain support, and planning and managing the logistics of getting labor, machinery and materials to the remote locations. 3. The Government of Kazakhstan is seeking the World Bank’s financial support for a proposed “Kurty - Burylbaitalâ€? Road Section under the South West Roads Project, running between Almaty (the largest city and a major business center of the country) and Astana - capital of Kazakhstan. The project is a part of the Government’s ongoing Western Europe-Western China international transit road program, for which the World Bank has already provided its support under existing South-West Road Project. 4. Kurty - Burylbaital Road section will be a heavy traffic road segment connecting Kazakhstan and Russia, Almaty and Astana via WE-WC corridor, as well as ensuring transportation from China to Europe. The proposed project is planned to start in 2018 and would contribute to the Government’s goal of upgrading the entire WE - WC road corridor. 5. The entire K-B road section is divided into 4 parts. The Bank funds will be used only for two sections of the roads given in the table below. Table 1. Road Sections and Sources of Financing Total Length Length, by Source of Part No. Road Sections Designer km Sections, Financing km Part 1 Km 2152-2214 143 62 Kazdorproject LLP EBRD Part 2 Km 2214-2295 81 TOP Geodezia LLP EBRD Part 3 Km 2295-2335 85 40 Kazdorproject LLP IBRD Part 4 Km 2335-2380 45 Doris LLP IBRD Total 228 1.2. Project Location 6. The project the World Bank is considering for financing consists of two parts. The first part 9 is between km 2295 and km 2335 with length of 40,04 km, designed by Kazdorproject LLP. The main direction of the road is towards south-west. The second part is designed by Doris LLP with the length of 45 km, between km 2335 and km 2380. The designed road section is in Almaty oblast, in two districts – Ili and Zhambyl. The existing road “Astana – Karaganda – Balkhash – Kapchagai – Almatyâ€? on km 2295-2380 stretches through Zhambyl and Ili districts of Almaty oblast, within the existing 40 m right-of-way. 7. The Project will include expansion of two-lane rural road up to four-lane highway. The 85 km road, divided into two lots, runs along Ashisu, Aidarly and Akshi villages. The project location is Almaty oblast, including two road sections of 40 km and 45 km. The construction is better to carry out by two Contract lots those are described further in the document, including special information, data on classification of safeguards measures and designing of safeguard instruments. 8. The project corridor runs parallel to the Tien Shan mountain range over its entire length at a distance ranging from 10 to 30 km. The major portion of the corridor (km) runs through nonresidential lands with only small number of people dwelling near the road. There will be no significant transformations on untouched habitats under the project. However, settlements close to the road may be affected by the noise in future. The total number of population in two project districts: Zhambyl district is 153 946 people and Ili district 190 426 people respectively. Figure 1. Km 2295 – Km 2335 Section 10 Figure 2. Km 2335 – Km 2380 Section 1.3. Current Status and Project Implementation Conditions 9. Currently, for this road section, land re-configuration has been implemented (i.e. alternative land plots have been provided to affected people). Such land re-configuration included shifting coordinates of land plots without any changes in title documents, namely coordinates have been moved to vacant government land plots. The month from which all legal and illegal land users were identified is January 12, 2017 which is considered as the final ‘cut off dateâ€?. 10. The proposed project includes land acquisition and associated impacts, which are expected to be minimal in the project of road with length of 85 km. Just a few landowners fell under the impact of the proposed reconstruction of the 4-lane road corridor. The road construction works are expected to begin in May 2018 (only after RAP is approved by the Bank) and subsequent procedures provided for by the Republic of Kazakhstan. RAP will be fully implemented before the beginning of any construction activities. 11. This RAP describes the scope and scale of land acquisition required, as well as the main provisions and procedures followed. The RAP compares this process with the main provisions and procedures set out in LARF, agreed between the Bank and the Committee for Roads in November of 2015 to identify gaps those could arise. In addition, RAP determines measures to identify all persons whose interests have been affected which may require different forms of additional compensation or necessary assistance harmonize land acquisition process with the agreed standards. 1.4. Objective of the Resettlement Action Plan 12. The objective of this RAP is to prevent and mitigate adverse impact on people, their property and livelihood activities in the development process. The Resettlement Action Plan for Kurty - Burylbaital Road Section in Almaty Oblast is designed to mitigate potentially adverse project impacts. It outlines the remedial measures essential for mitigation of adverse impacts of the Kurty - Burylbaital. 1.5. Approach and Methodology 11 13. To achieve the objective of this Resettlement Action Plan, systematic, participatory and collaborative approaches have been adopted. Methodology to collect information included a desk review of the project documents and design drawings, study of alignment maps, a census of project affected people, public consultations, interviews with key affected persons, questionnaire survey, field investigations and consulting the local executive authorities. 14. Akimat issued a decree on 12th of January 2017. The decree identifies land areas to be added to existing land reserve, and working land areas to be acquired for permanent and temporary use, for instance for borrow pits and construction sites, as specified below: • 187.9497 ha of land are to be acquired permanently for road construction; • 20.4190 ha are required for other road construction-associated purposes. 1.6. Identification of Project Affected Persons 15. Process of identification of structures and land plots affected by the project is based on three methods: • Identification of official land users: Two instruments have been used to identify land users: (1) the existing cadastre and land use data available from the oblast branch of State Corporation “The Government for Citizensâ€? (NPCzem); and (2) a 1: 2,000 survey map conducted by designers in each site, where all the buildings are indicated, and which are tied to coordinates, 120 m wide, following the road route plan. It will show all the facilities within the existing right-of-way, where work will be carried out. • Identification of Informal Land Users: Roadside surveys along the entire route plan have been carried out by designers to identify and describe any forms of informal use of the Right-of-Way or Territory affected by construction of bypass roads or other land acquisition that do not affect visible structures and they remain unnoticed in the methods described above for the definition of formal structures. This type of land user includes, for example, informal agricultural enterprises (gardens, small fields, seasonal outlets), facilities for the cultivation of animals and birds that are illegally located in the right-of-way. 16. Information on any registered site and its location with topographic coordinates is kept in the Real Estate Centers of the Ministry of Justice. This information is also collected by the RSE "State Research and Production Center for Land Resources and Land Management" (GosNPCzem) under the Agency for Land Management. Designers involved by CR have received information about landowners who may be potentially affected from the GosNPCzem regional departments in the form of maps with a scale of 1:25 000 showing the projected road and land plots intersected by the road or located in close proximity to it. The designers compared these maps to the information they received during topographic surveys on the route, performed as standard measures in their work. 17. In order to identify informal land users, the designers compared the official land use data received from GosNPCzem with their own data from the latest surveys. Thus, each designer has the possibility to identify structures erected (usually within the right-of-way) illegally and without registration of ownership. 18. In addition, a census survey and public consultations have been carried out to obtain specific details of project affected parties/households. 12 2. LEGISLATIVE FRAMEWORK FOR THE LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT 19. The Legal Framework Section of this RAP describes all laws, decrees and regulations of the Republic of Kazakhstan related to the resettlement and land acquisition activities associated with the project, as well as IBRD’s Involuntary Resettlement Policy and fundamental principles. Legislation is presented in hierarchical order. Since physical involuntary displacement of community is not required in this project, the Laws and Regulations presented are related to land acquisition, entitlements, state property, including the summary of procedures. 2.1. Legal Framework in Kazakhstan 20. Land in Kazakhstan mainly is owned by the Government. However, the lands may be privately owned, transferred, sold or rented by individuals. When land is in private ownership, the Government may claim it back for the special use only, including road construction. Any ownership deprivation shall be carried out in accordance with the governing procedures provided by the Codes and Laws and after payment of compensation for all losses to affected people. Some of the main regulations related to land acquisition for public interests and needs are the Constitution of the Republic of Kazakhstan, the Land Code, the Civil Code, and the Law “On the State Propertyâ€?. 2.1.1. Constitution 21. Laws/Regulations related to land and land ownership in Kazakhstan are primarily based on the provisions of the Constitution. • Article 6.3 states that land (above and below the surface) belongs to the Government, but may also be privately owned. • Article 26.3 states that ‘No one may be deprived of his ownership unless stipulated by a court decision. Any forced deprivation of ownership for public use can be carried out subject to equal compensation, in exceptional cases, provided by the Law’. 2.1.2. Civil Code 22. The Civil Code, Clauses 4 and 5 of Article 9, states that compensation amount shall include cost of the property and full amount of losses incurred by a landowner/user as a result of forced land acquisition for public use and (or) termination of the obligations of an owner or non-state land user to third parties. 23. Currency of compensation shall be Kazakhstan Tenge. 24. If the landowner/user agrees, he/she may be provided with an alternative land plot of equal value or titles on it. This value is based on cadastral (estimated) value in replacement of land acquired for public needs. 25. Compensation shall be paid in full amount before ownership rights on this property are transferred to the Government. 2.1.3. Land Code 26. The Land Code No. 442 dated of 20th of June 2003 provides for the land reservation for public needs stating in Article 84.1 that ‘land plot may be reserved for public needs by purchasing 13 it or providing equivalent land plot to a landowner or land user with their consent’. Article 84.2.4 states that road construction is one of those public needs and private land may be acquired by the Government. Article 84.4 indicates that when land plot is leased, the lease contracts are terminated and compensation is paid to the lease-holder in amount sufficient to cover all losses and the lease- holder may be given an alternative land plot, if available. 27. Forced acquisition of land plot or any property for public needs is an exceptional case of deprivation of an individual and a legal entity of ownership that can exclusively be accepted when there are no other options to satisfy public needs. 28. The Land Code also distinguishes the nature of public needs and private commercial purposes where the latter relates to land acquisition by nongovernment legal entities in pursue of their commercial interests and without performing any public functions. In that case, the deed between seller and buyer is confirmed by the contract. 29. The amount of land for acquisition shall not exceed amount of land required to meet public needs. 30. Before the beginning of forced land acquisition, the Government or local executive body (further - Akimat) issues a decree about the beginning of land acquisition process. This decree shall include: 1) The aim and justification of forced land acquisition; 2) Location, oblast, cadastral number; 3) Property owner or user; 4) Date of acquisition (no earlier than 3 months after the date of this decree); 5) Place where landowner or user can come to perform conciliation procedures. In case if any changes are introduced in clauses 2 and 4 the procedure of the land acquisition is to start again from the date of Amendments introduced in the decree. 31. These decrees shall be published in the national and local mass media within three working days after they are signed. 32. In case when private ownership is not registered, the landowner may arrange for the proper and necessary registration of private ownership for the land plot in subject after the decree is signed. 33. At that the term for forced land acquisition determined by the decree shall be extended for no more than six months. 34. Regarding compensation, the Land Code offers a choice to landowner/user, namely alternative land plot/property can be provided instead of monetary compensation. Although these alternative lands are not always easily accessible, affected people shall be properly informed about such option. 2.1.4. The Law On State Property 35. The Law ‘On Sate Property’, Chapter 6, is the main governing regulation related to involuntary land acquisition for public use that describes all aspects of the land acquisition procedure. The Law specifies the subject, general provisions, the principles, start and end of such land acquisition, the manner of notification and procedure of land acquisition, titles of the owner, the amount of compensation, form and dates of compensation payment, and conciliation procedures as well. All necessary procedures are carefully set out in this Law in details. There are important provisions outlined below. 14 36. Executive body shall send a written notification to the landowner/user within three calendar days after publication of the decree that his land plot is subject to acquisition for public use. Together with notification the landowner/user receives the draft contract on purchase of this land plot or other property. The notification shall be sent by mail with written confirmation of its receipt. In case of no written confirmation of the notification receipt, the documents shall be sent again. 37. The Law describes the procedure of land acquisition. The basis of forced acquisition of land or other property for public needs is a Contract on land acquisition, or court decision. 38. The local executive body (Akimat) shall send to the relevant representative body the draft contract for land acquisition or property within two months from the moment of notification received by the landowner or user. The permanent commission of the local representative body within two weeks reviews the draft contract in presence of the landowner or people whose rights are to be terminated or limited. After agreement is achieved, executive body approves the contract and then the landowner or user signs it. Such contract as ascribed by the Law shall include the following information: • Cost of the land plot, determined pursuant to this Law, Article 67, and identification characteristics of the immovable property or land plot provided to the landowner or user instead of acquired one; • Difference in cost possible if alternative land is of less value; • Amount of losses to be compensated, including cost of property acquired; • Dates of payment for the land plot/property or transfer of alternative land plot to the landowner/user; • Composition of the property acquired for public needs; • List of people whose titles to land are to be terminated or limited; • Information about funding such land acquisition for public use by the Government. 39. If the landowner/user does not agree with the decree on land acquisition issued by the Government or local executive body, cost of the land acquired or amount of losses to be compensated, the local executive body can file a claim in court for involuntary acquisition of land or property for public needs. Such claim shall be filed after three months from the date of land acquisition notification received by the landowner/user but not later than the date of beginning of land acquisition process. The court will consider such civil cases of involuntary land acquisition within one month. If this law case is denied, all damages caused to the landowner/user shall be covered by the Government. 40. The actual transfer of the land plot or property can only be carried out after the landowner/user receives compensation in a manner set out in this Law. Termination of the ownership/lease title shall be officially registered given that a document confirming payment of compensation to the landowner/user is provided to the registering authority. 41. The landowner/user may use his titles and perform all necessary expenses related to the use of land or property based on their intended purpose from the moment of notification about the beginning of land acquisition is received and until the cost and losses to be compensated are agreed, or the court decision taken. Meanwhile, the landowner/user takes risk of losses and damages related to new construction, expansion or reconstruction of buildings (structures and constructions) or other property during this period. 42. The Law also specifies that if after acquisition of a part of the land the remainder becomes unusable in the same way as before, then the entire land plot shall be acquired. 43. The cost of the land plot or other property located on it and acquired for public needs shall 15 not exceed their market price and be determined by the independent valuator at the moment when the landowner/user receives notification about involuntary land acquisition. 44. Compensation shall be performed from the Government budget based on the Contract for purchase of land plot or other property for public needs. Payment shall be made within one month after the Contract is signed or after the court decision becomes effective. Payment of compensation by installments is not allowed. 2.2. WB’s Involuntary Resettlement Policy 45. In this Sub-Clause the main safeguards and fundamental principles developed by WB’s teams in relation to involuntary resettlement and employed in development projects are set out below. 46. World Bank Policy OP 4.12 (Involuntary Resettlement) describes the principles applicable for temporary and permanent impacts on households caused by loss of lands, buildings or others basic assets, change in land use or business, restriction for use of lands, accommodation or business. Principles shall be applied to all “affected peopleâ€? including those who do not have formal legal licenses or property right, but experiencing impact resulted from land acquisition or resettlement for public needs. These principles are as follows: • Land acquisition and resettlement shall be avoided or minimized; • Affected people shall be entitled for compensation of full replacement cost for their lost assets, incomes and businesses, including temporary losses or impacts, without adjustments for depreciation or deductions for any other purpose; • Compensation (and other forms of assistance, as warranted) shall allow affected people to improve, or at least restore their pre-project incomes and living standard; • Affected people shall be consulted on resettlement planning; • Affected people shall be fully informed of their compensation options; • Land-for-land swap is the preferred compensation for lost agricultural land if it is available, unless an affected person chooses cash compensation; • Costs of property transfer —purchase or swap—are waived or borne by the investor, including taxes, fees, documentation and court appeals; • Compensation shall be made giving equal consideration to women and men; • Lack of formal legal property right does not dispossess affected people from their entitlements or assistance required to achieve the objectives of the Policy; • Affected people shall be supported during resettlement; • Special attention shall be given to women-headed households and other vulnerable population and appropriate assistance provided to assure that their living standards are maintained or improved; • Land acquisition and resettlement shall be implemented as a part of Project and fully funded • Compensation shall be fully provided until access for land is obtained to perform civil works or demolition. • In case of unavailability of the landowner or heirship registration (or left the country), etc., the Government shall put compensation amount and 10% in ESCROW account. 2.3. National Laws and WB’s Policy Gap Analysis 47. Table 2 demonstrates provisions of two legal frameworks related to involuntary resettlement and land acquisition, namely World Bank’s Involuntary Resettlement Policy and legal practices employed in Kazakhstan. While they mainly correspond with each other, some discrepancies can be 16 seen in two approaches to land acquisition and involuntary resettlement, such as different approach in identifying the value of property acquired, cadastral in KZ and market value in WB. In addition, only those having legal ownership are entitled for compensation v/s compensation shall be paid for non-land property. Kazakhstan Laws do not include the requirement of restoration of livelihood or goals to improve living standards and ensure local population benefitting from the development project, or assistance provided to population with their moving to a new place. The World Bank also envisages involvement of independent valuator as third party in negotiations and carrying out external and internal monitoring while in Kazakhstan legislation there are no such requirements Please see below table 2. Table 2. Comparison of Two Sets of Principles Land Plots Acquisition Practices in Kazakhstan The WB Resettlement Policy Compensation for the land plots that are Compensation for the land plots that are privately privately owned is calculated based on the owned is based on the total cost of the resettlement cadastral value, including the opportunity to process as per market value (the full cost of exchange it for another land plot. replacement). Compensation for land and non-land property Persons affected by resettlement (APs) without is specifically provided only to the entitled formal legal rights and claims are entitled for owners or tenants of land, who purchased out compensation for the non-land property (for ownership or rights to lease from the example, in case of loss of plants, trees and Government. structures). The purpose does not specifically include The objective of the policy is to restore restoration of livelihoods and standards of livelihoods and living standards of the APs, living. regardless of ownership right or legal status. There are no requirements to provide Physically displaced persons (irrespective of their assistance to APs and examine their legal status in respect to the land) are provided with opportunities in resettlement process to benefitthe following: from the project. (i) assistance in resettlement, guaranteed ownership of the land plot, where they were resettled to, improvement of living conditions in the resettlement sites with comparable access to the previous employment and production capabilities, as well as civilian infrastructure and services, if necessary, (ii) provision of support within the transition period and assistance aimed at development, such as land development, credits provision, training or employment opportunities, as well as (iii) possibilities to obtain the relevant benefits from the project. Compensation, other than compensation for The economically resettled persons will be the acquired property and loss of income from provided with the following: the lost business (including future losses), is (i) assistance (for example, access to credits not provided to support the economically obtaining, training and employment) resettled persons. (ii) possibilities to obtain the relevant benefits from the project, (iii) compensation for: (i) the cost of recovery of 17 Land Plots Acquisition Practices in Kazakhstan The WB Resettlement Policy commercial activities in another site, (ii) net income lost during the transition period, and (iii) the cost of relocation and reinstallation of a plant, machinery and other equipment. Census and socio-economic studies are not Socio-economic research (studies) and the census required. in the presence of the relevant socio-economic data are necessary to identify all the APs and assess socio-economic impacts of the project on them. There are no special requirements for Identification of vulnerable groups and identification and assistance to vulnerable development of targeted measures to ensure that groups. they are not subjected to adverse effects and are not at a disadvantage in terms of distribution of benefits and opportunities for development. There are no requirements for the RAP Preparation, approval, disclosure of information preparation and approval. Consultation with and monitoring of the Resettlement Action Plan the APs is not required in relation to land (RAP) based on consultation with the APs and acquisition. social impacts assessment are required. The possibility of negotiations without a It contributes to land acquisition through third party is considered as an initial negotiations, which must be confirmed by third approach to address land acquisition issues. If parties, the independent valuator, in order to agreement cannot be reached, then involuntary ensure appropriate compensation relevant for all acquisition procedures will be started through the costs of relocation and substantial consultation the court. with the APs. There are no requirements for internal or Depending on the category of the project, the WB external monitoring requires both, internal and external monitoring 48. In case of any discrepancies in two legal bases, the safeguard principles set out in the World Bank’s OP 4.12 (Involuntary Resettlement) shall prevail over national legislation, be applicable and adhered to when carrying out involuntary resettlement and land acquisition process. To avoid issues related to such discrepancies, the Government of Kazakhstan signed and ratified the Loan Agreement for road reconstruction with the World Bank, where the Government agreed to follow the WB’s principles in involuntary land acquisition of private land and resettlement of households in the public interests under this project. The principles are applied in case of temporary or permanent impacts on households resulting from loss of land, structures or other fixed assets; changes in land use or business; restrictions in the use of land, housing or businesses. The principles apply to all “project-affected personsâ€?, including those without formal licenses or titles, who experience impacts as the result of land acquisition or resettlement for public needs. 18 3. SOCIAL AND ECONOMIC CHARACTERISTICS OF THE REGION 49. Kazakhstan is one of the biggest countries in the Central Asia with vast road network with the length of 88 thousand km, including about 23 thousand km of republican roads. About 93% of roads are paved with asphalt concrete. However, condition of the roads is not compliant with the existing standards and traffic composition. Transport corridor of 1,700 km long connecting Almaty, Karaganda, Borovoe, Kokshetau, Petropavlovsk is considered as one of the most important in the country. The vital transport communications between the Republic of Kazakhstan and such countries as Uzbekistan, Tajikistan, China and the Russian Federation are performed on this corridor. 50. The main destinations of domestic transportation are Astana, Kokshetau, Petropavlovsk, Kostanai, Karaganda, Almaty, and Shymkent. The main sources of international transportations are Western Europe, Russia (Siberia), Uzbekistan and Kyrgyzstan. Percentage of international transportation is 30% of the total traffic flow. 51. The proposed road project is implemented in Almaty oblast. This oblast is situated in the South-East part of the Republic of Kazakhstan. The area is 223.9 thousand km and includes 777 populated localities. Population consists of 103 ethnic nationalities and ethnic groups. Oblast center is Taldykorgan. Oblast includes 16 rural districts and 3 oblast cities (Taldykorgan, Kapshagai, and Tekeli). Oblast center, Taldykorgan city, is at the distance of 1,480 km from Astana. Its territory is 224 thousand square km. Population as of 1st of January, 2018 is 1,953.6 thousand people. Oblast is located at the edge south- east of the Republic and borders with PRC in the East, Kyrgyzstan in the South, with East-Kazakhstan oblast in the North, Balkhash lake in the North-West, and with Zhambyl oblast in the West. 3.1. Social and Economic Characteristics of Project Area 52. Road section km 2295-2380 stretches through two districts Zhambyl and Ili. Zhambyl district is located in the south-west of Zailiisk Alatau spur, in the western part of Almaty oblast. The area of the territory is 19.3 thousand square km and includes 61 populated localities. Population is presented by 30 ethnic nationalities and groups. District center is Uzynagash village with the population of 42,107 people. The soil-vegetation features of the northern part of the region are characterized as belonging to the desert and steppe zone. Zhambyl district belongs to agrarian regions. Important factor is proximity to cultural and financial center of Kazakhstan - Almaty city. Climate conditions are continental and arid, moderate in the southern part, and quite severe in the northern part. Soil zones range from high-mountain black soil to dry steppe soils. In the northern part of the region, large area is covered with sands. The Project involves three settlements, namely Ashisu, Aidarly and Akshi. The main characteristics of population in these settlements are described below: 53. Ashisu is a village in Zhambyl district of Almaty oblast, administrative center and the only settlement of Sarytaukum rural district. In 1999, the village population was 621 people (327 men and 294 women). Census in 2009 revealed that population decreased to 340 people (173 men and 167 women). 54. Aidarly is a village in Zhambyl district of Almaty oblast, administrative center and the only settlement of Aidarly rural district. In 1999, the village population comprised 1,246 people (659 men and 587 women). Census in 2009 showed that population was 1,251 people (623 men and 628 women). 55. Ili district is located in the south-western part of Almaty oblast and borders with Balkhash district in the north-east, Karasai and Zhambyl districts in the west, Almaty city in the south-east 19 and with Talgar district in the east. The district was created in 1928, and in 1972 within the current borders. In 1997 Kurty rural district has been abolished and villages including Akshi and Kurty were merged in Ili district. The territory of the district is 7.8 thousand square km. There are 10 rural districts, 31 populated localities, among them 1 settlement and 30 villages. Population is composed of 49 ethnic nationalities and groups, including 67,8% of Kazakhs, 21,2% of Russians, 1,5% of Uigurs, 1.4% of Azerbaijans, and 1,4% of Turks. The district center, settlement of urban type, Otegen Batyr, is located three km from Almaty city. Households of the district are connected with the district center and Almaty city through republican and oblast roads and highways. 56. About 80% of the district territory is located in desert and semi-desert zones, Sarytaukum and Karaoi Plato sands. Karaoi Plato is used for dry agriculture. Sarytaukum sands are winter, spring and summer pastures. The relief is characterized by the presence of ridges and ridges-hilly sandy formations. Sheep breeding and meat and dairy cattle breeding are developed. The project includes Akshi village in the Ili district. 57. Akshi is a village in Ili district of Almaty oblast, administrative center of the Kurtinsk rural district. It is located on the right bank of Kurty River, about 82 km to the south-east from Otegen Batyr settlement, administrative center of the district, at an altitude of 507 meters above sea level. In 1999, the village population was 4,662 people (2,300 men and 2,362 women). Census in 2009 showed increase in population to 5,646 people (2,800 men and 2,846 women). 58. The main activity in all three villages is livestock raising, namely camels, cattle, horses and sheep and small animals for milk and meat. Therefore, land plots are used mainly as pastures and lands with fertile soil used to grow some highland crops (gourds). 59. In Kazakhstan, indigenous population - Kazakhs is dominated - 66.5%, followed by Russians - 20.6%, Uzbeks - 3.1%, the rest of the nationalities - 9.8%. In Almaty oblast - Kazakhs - 70.7%, Russians - 14.3%, Uigurs - 7.9%. Table 3. Population of the Project-affected Districts by Ethnic Composition (People) District Total population Kazakhs Russians Uigurs Other ethnic groups Ili 190,426 129,175 40,438 2,896 17,917 Zhambyl 153,946 130,282 11,612 4,179 7,873 60. As shown in the Table, in Ili district, the Kazakhs make 67.8%, the Russians - 21.2%, the Russians - 21.2%, the Uigurs - 1.5%, and in Zhambyl district the Kazakhs - 84.6%, the Russians - 7.5%, the Uigurs – 2.7%. 61. All PAPs are Kazakhs. In accordance with Article 14 of the Constitution of the Republic of Kazakhstan, everyone shall be equal before the Law - "No one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances". 62. For the last 15 years, Kazakhstan achieved remarkable economic growth, at average by 6,5% per year, due to resources industries, oil, gas and minerals in particular. Such growth contributed in reduction of poverty by providing employment opportunities; access to capital, social and economic infrastructure and services; and also increase in income per capita. This led to significant improvement of households’ well-being. Gross domestic product (GDP) of the country has been growing averagely by 2,5% annually. Gross regional product in Almaty oblast for January-September 2017 was KZT 1,738.066 billion. In whole, the number of economically active population of Almaty oblast in 2017 included 1,039.544 thousand people, where 990,716 thousand 20 people have been employed. Economically inactive population comprised 346,552 thousand people. Total number of the unemployed was 48.828 thousand people and registered unemployed was 4.8 thousand people. 63. For the last decade, poverty in Kazakhstan has reduced by 90%. With the launch of the government poverty reduction program in 2002, the share of people with income below minimum subsistence level has dramatically decreased. Poverty has been reduced significantly: approximately from 46,7% in 2001 to 6,5% in 2010 and its level has been lowered by more than 4,9 times during the period from 2005 to 2010. The level of poverty in Kazakhstan in 2010 was 6,5%, and extreme poverty indicator was registered at the level of 0,4% while the same parameters in Aktobe oblast were 6,0% and 0,2% respectively. 64. The population consists of more than 40 ethnic groups (nationalities). The Kazakhs (70,7%) is the main group composing permanent population of the oblast, followed by the Russians (16,7%), and the Ukrainians (6,9%). The Tatars (1,7%), the Germans (1,6%), Belarusians (0,4%) and Moldovans (0,3%) composing minor part of the oblast population. All ethnic groups are completely integrated in the Kazakh majority and have equal access to lands and natural resources, health service, education, life supporting and social systems. 65. The average salary in Almaty oblast in 2017 was KZT 116,209, in Zhambyl district – 92,261 and in Ili district – 149,476. The highest salary in Almaty oblast in 2017 was registered in financial and insurance area – KZT 217,099. The lowest average monthly salary was registered in real estate sphere, namely KZT 70,985. The average nominal income per capita was 62,752.0 Tenge, while average income was 72,969.0 Tenge. 3.2. Profile of Affected Population 66. To collect information on social and economic situation and life conditions of the affected households, and to make further assessment of impact of land acquisition, the secondary data has been obtained from the government agencies, as well as social survey of 70% of AP (households) has been carried out. Formal and informal interviews have been conducted in February 2018 using questionnaires translated into Russian. Social and economic survey has been carried out based on the preliminary list of affected property and people, provided by design consultants. 67. It was found that this road construction will impact on bare lands of 30 affected parties. Out of 30, 20 are households and 14 heads of households were interviewed for RAP preparation. Although all efforts have been taken by the akimats, and project staff to contact 6 household units, they are out of reach and non-contactable. 3.2.1. The Number and Size of Affected Households 68. More than a half of households surveyed (57%) consist of 4-6 members, while 29% include 3 and less members, and 14% of families – 7-9 members. 4 out of 14 surveyed households are women-headed. The average size of a household is 4 people. All 14 households surveyed have agreed to provide data on their households that has been analyzed. See Table 4 below. Table 4. The Size of Households Surveyed Size of Households Number Percent 3 and less 4 29 4–6 8 57 21 7 and more 2 14 Total 14 100 3.2.2. Age, Family Status and Education Level of Head of Affected Households 69. The average age of surveyed household is 61.5 years. Age of the majority ranges between 50 and 59 years (50%). However, the age of some households heads (7%) is or more than 60 years and 14% - 70 and more years. As for family status, the dominant majority (86%) of heads of household are married. At the same time, there is one unmarried head of household and one widow heading a household. Regarding level of education, more than a half of households (57%) have secondary level of education, and 43% - high education. Among surveyed households, there not those having secondary professional education. See Tables 5 and 6 below. Table 5. Age of the Surveyed Heads of Households Age of Household Head Men Women Total Number Number Number % Under 30 0 0 0 0 30 – 39 1 0 1 7 40 – 49 3 0 3 22 50 – 59 5 2 7 50 60 – 69 0 1 1 7 70 and older 1 1 2 14 Total 10 4 14 100 Average age = 61.5 Table 6. Education of the Surveyed Heads of Households Education Men Women Total Number Number Number % High 4 2 6 43 Secondary professional 0 0 0 0 Secondary 6 2 8 57 Total 10 4 14 100 3.2.3. Ethnic Composition of Affected Population 70. By ethnic composition, all affected households – the Kazakhs, comprising local population. The other ethnic groups are migrants those having been settled in the region for many years. None of these groups have cultures or social life different from the main culture of Kazakhstan and those corresponding to definition of indigenous people in accordance with IBRD. They have complete and equal access to institutes and economic opportunities as the rest of the population. 3.2.4. Incomes of Households 71. The salary and animal husbandry are the sources of income for most of households affected. None of households are dependent on income from trading or social support from the Government. 22 72. Almost all households have more than one income source. As for income, only 22% of households earn KZT 100,000 or less per month. The majority (57%) earns between KZT 101,000.0 and 200,000.0 per month. Other 7% of households have income more than KZT 201,000.0 per month. Average data provided by 14 surveyed APs is presented in Table 7 below. Table 7. Monthly Income of the Surveyed Household (per member) Range of Income (in KZT) Number of HH % 50,000 and less 2 14 51,000 – 100,000 3 22 101,000 – 150,000 6 43 151,000 – 200,000 2 14 201,000 and more 1 7 Total 14 100 73. Families, whose leased land plots (bare graze lands) are partially affected by the Project, dwell in separate houses. The half of these houses (50%) are built of hand-formed bricks (mixture of clay and straw). The remainder is built of limestone (30%) and bricks (20%). The majorities of houses (80%) have been constructed after 2000, while approximately 20% of houses between 1950 and 1999. Average house has one floor and 6 rooms, connected to central water supply and electricity systems. 70% of houses are connected to gas system and 80% has telephone lines. None of the houses is connected to sewerage system, all of them use pit latrines as the toilets. 23 4. SOCIAL IMPACT AND RISK IDENTIFIED 4.1. Physical and Economic Impacts 74. The Project envisages permanent acquisition of 187.9497 ha, of 10 legal entities and 20 households, and temporary acquisition affecting 2 legal entities and 4 households. There are no economic losses or impact, since there no economic activities carried out by landowners/users on the lands to be acquired. Table 8. Impact Level No. Districts Impact Minimal Average Maximal Legal Households Legal Households Legal Households Entities Entities Entities 1 Zhambyl 7 13 0 0 0 0 2 Ili 3 7 0 0 0 0 Total: 10 20 0 0 0 0 4.2. Loss of Lands 75. In total, the land plots of 30 owners (landowners) occupying the area of 187.9497 ha are located in the corridor of impact (CI). One legal entity has three land plots, two LEs have two land plots each, and one household has also two land plots falling within the area of impact. However, none of these lands are residential. Agricultural land is 64% and 36% of commercial category2. Agricultural lands to be acquired are used as natural pastures. All these land plots will be acquired partially; none of them is required in their entirety. Moreover, there are no structures located on those parts of land plots affected by the project. The major portion of these lands is of agricultural category (24 landowners) with total area of 122.6665 ha leased from the Government on the long- term basis (5-49 years) and only two land plots with area of 31.2612 ha are privately owned. See Table 9 below. Table 9. Land Plots Permanently Acquired Land Type Number of landowners by Total Land areas (ha) by property Total area, property status number of status ha land plots Private Short- Long- of Private Short- Long-term ownershi term term landowners ownership term lease lease p lease lease Residential 0 0 0 0 0 0 0 0 Agricultural 2 0 24 26 31.2612 122.6665 153.9277 Commercial 3 0 2 5 0.1005 0 33.9215 34.0220 Total 5 0 2 31 31.3617 0 156.5880 187.9497 Note: Kazagroinnovacia JSC owns land plots of both agricultural and commercial category and thus there is double counting of number of landowners and totally the number landowners (land users) is 31, not 30. 2 Commercial land refers as land use for research and experiment purposes, and for commercial development as well. However, lands allocated for commercial development have not been used with this purpose, no income earning or profit oriented business, no buildings or structures are in these lands. 24 76. The land affected by the project, while being of agricultural category, does not conform to standard agricultural purposes and has an official sub-category of pastures. Pastures are numerous in this area and such land will also be offered as alternative land plots, if preferred by affected people. Affected part of land plot varies between 0.03 – 4.10% of total area of land plot. In other words, the loss of lands by person is less than 5% of the total they owned or uses under lease agreement. Thus, acquisition of land for road construction is insignificant and no impact to their livelihood or overall income. 77. There are no built structures affected by the project (business, residential houses) on Kurty- Burylbaital road section, and thus displacement of any households will not be required. None of 30 landowners will lose their structures permanently and be displaced economically. 4.3. Impact on Vulnerable Groups/People 78. In Kazakhstan, according to the Law on Government Targeted Social Aid (No 246-II dated of 17th of July, 2001, recent amendment dated of 20th of June, 2017), families with average income per capita below poverty line (determined as 40% of the minimum subsistence level) are considered as socially vulnerable groups, entitled for the Government Targeted Social Aid Program. As of January, 2018, official minimum subsistence level in Kazakhstan is KZT28,784.00 per person 3. Respectively, income poverty line is KZT11,513.60 per person4. In addition, big families with 4 children under 18 years of age, households with the disabled family members, are also considered as vulnerable and entitle for the Government benefits payment. Identification of the poor and socially vulnerable households in a district is an obligation of the local Akimats. During social and economic research in the region, the work on identification of the poor and socially vulnerable households has been carried out. Among the affected households, no household has been considered as vulnerable which include income below minimum subsistence level, 4 or more underage children, be woman-headed, include a disabled member, or the elderly left without family support. 4.4. Potential Construction Induced (Temporary) Impacts 79. Temporary land acquisition will be required during the entire period of road construction for, soil sampling, access roads, construction camps, parking of road equipment and storage of materials on the site. Temporarily use lands will be obtained through agreement between the Contractor and the landowners and land is subject to reclamation. Details of the land plots (leased and privately owned) in construction zone of the Project for reconstruction of Kurty-Burylbaital Road Section (km 2295-2380), together with the general land plots, are presented in Annex 1. 80. The privately owned land plots of 1 landowner and 5 lease-holders are to be temporarily acquired. Land plots of 2 legal entities (one of them has three plots affected by the project) and 4 households (see Annex 2 for details).Totally, land plots of 6 landowners shall be temporary acquired that is 20.4190 ha. None of plots are used as residential or commercial lands. Agricultural lands compose 100%. No land plot will be acquired entirely, all of them are affected partially and there are no structures located on part of the land plot required for the project. The major portion of land of agricultural category (5 landowners) with the total land area of 15.9236 is leased from the Government on the long-term basis (5-49 years) and only one landowner has 4.4954 ha in private ownership. See Table 10 below. Table 10. Land Plots Temporarily Acquired 3 According to the Law ‘On Republican Budget for 2018 -2019’ the rate of minimal monthly salary for 2018 is KZT28,784.00 per person. 4 The poverty line is determined as 40% of minimum subsistence level that is KZT28,784.00 as of 2018. 25 Land Type Number of landowners by Total Land areas (ha) by property Total area, property status number of status ha land plots Private Short- Long- of Private Short- Long-term ownershi term term landowners ownership term lease lease p lease lease Residential 0 0 0 0 0 0 0 0 Agricultural 1 0 5 6 4.4954 0 15.9236 20.4190 Total 1 0 5 6 4.4954 0 15.9236 20.4190 81. Wheat-grass grows on temporary acquired as well as other lands. None of 6 landowners will lose their structures permanently or be displaced. No legal entity or household will be affected permanently or temporary by the project. None of legal entities or households will lose income from business activities. There are no economic displacement due to loss of income or employed people on parts of the land plots to be acquired. 82. 36 land plots required for permanent land acquisition either in long-term lease or privately owned by 30 parties affected by the project (including commercial enterprises/cooperatives). All lands to be acquired are registered and have titles or lease-holder contracts. No squatters or encroachers have been found. 4.5. The Project Affected Parties 83. 30 affected legal entities (registered organizations) and households will suffer various losses/impacts in project implementation. All legal entities and households will lose access to part of private or leased agricultural and commercial land plot. However, no business will be affected permanently. See Table 11 below. Table 11. Data on Affected People by Categories AP Category Number of affected households / legal Estimate entities number of (Type of impact) Absolute (without APs double counting) Permanent acquisition A. Loss of Land A1. Agricultural land: 26 26 26 owned 1 1 1 leased 25 25 25 A2. Residential Land - - - A3. Commercial land: 4 4 4 owned 3 3 3 leased 1 1 1 Total (Ð?1+Ð?2+Ð?3) 30 30 30 Temporary acquisition B. Loss of Land 26 AP Category Number of affected households / legal Estimate entities number of (Type of impact) Absolute (without APs double counting) Permanent acquisition B1. Agricultural land: 6 6 6 owned 1 1 1 leased 5 5 5 B2. Residential Land - - - B3. Commercial Land - - - Total (B1+B2+B3) 6 6 6 Total (Ð?+B) 36 36 36 Note: lands of total 30 legal entities and households are to be permanently and temporarily acquired (see Annexes 1 and 2 for details). 27 5. LAND ACQUISITION, COMPENSATION AND MITIGATION MEASURES 84. The land acquisition process begins with series of feasibility studies. • Proposed alignment and estimates of the amount of land to be permanently acquired, amount needed temporarily for construction sites and borrow pits; • Assessment on the number of buildings that would be demolished; • Estimated cost of acquisition, rental, compensations and livelihood restoration of affected lands. 85. The above information is sent to authorities of oblast and district levels for review and comments. Then, it is sent to Astana. Meanwhile, district akimat issues a decree determining territory affected by changes in the alignment and design of the land. On this stage, CR requests the local executive body to reserve land plots in order to suspend land transactions in the area to avoid speculation. Meanwhile, landowners/users are notified that their land may be acquired. 86. The final design has been prepared based on bilateral interaction, involving intensive work and a. Ongoing consultations with local officials, particularly on the district level. The process of designing generally starts with meeting of all relevant officials of the oblast — agriculture, land resources, registration, utilities, public works, and others — where they are informed about the tentative alignment and requested information that shall be considered in the final design. b. The final design includes more detailed maps of individual lands to be affected, complete ownership data from the cadastre, as well as estimated compensation for acquisition and losses. 87. Once the alignment is agreed with local authorities, the design team obtains maps of cadastral lands ownership records and requests the district akimat to bring affected owners together to discuss the land acquisition process. The data are then given to the licensed valuators who are responsible for determining the market value of the property and negotiations related to compensation. 88. In Kazakhstan, assessment of rural property to identify its cost is rather new and transactions are not common in many areas. To determine rural property values, the assessor takes into consideration quality of soil, productivity, trees, and other production characteristics, in addition to recent land transactions, if there are examples available. The valuators are expected to negotiate with owners and sign agreements, if possible, which are used for purposes of estimating project costs, but are not binding. 89. Once akimat approves the final alignment, the CR can proceed with acquisition or expropriation. If the owners and CR cannot agree on the terms, CR and akimat can request to district (city) court after half year notification period ends. If CR and akimat or owner appeals to the court, the court makes a decision that includes the amount of compensation to be given to the owner. The court must be impartial, favoring either the government or the owner, depending on the case. The important element which Bank policy also concurred is that land cannot be accessed until compensation has been paid and the title has been transferred to the government. 90. District Akimat had previous practice in establishing an assessment commission that included officials and landowners. It was expected that the use of licensed assessors would reduce 28 claims and result in a smoother acquisition process, but the final results will be seen once the acquisition process begins. 91. The final design identifies possible locations for construction camps, storage and facilities, borrows pits and other sites for temporary use during construction. Contractors can use the information to estimate costs and logistics, but are not required to use the recommended construction sites. According to preliminary data, construction will employ about 2 000 people. However, it will depend on Contractors, since it is their technical, production and qualification competences (also risks). Road workers, kitchen staff, electricians, drivers and other non-qualified personnel will be employed from the local community5. 92. Civil works contracts will require Contractors to negotiate for temporary land use and restoration of all land required outside of the right of way for construction camps, offices, borrow pits, materials storage sites, materials processing sites and pit roads from the contractors. Contractors will select land plots and negotiate on agreements with landowners to use the land and extraction of materials. If Contractor fails to reach agreement with a landowner, he shall select an alternative site and negotiate a new agreement. No land can be occupied involuntarily for temporary construction purposes. Contractors are expected to rent the government land plots, rather than private property, but the choice is at their discretion. In either case, the arrangements must be a subject of a written agreement between the contractor and the owner, and land plots are required to be returned to their original condition after the works completion. 5.1. Entitlement for Compensation 93. The entitlement for compensation will be limited by the date when collection of data is completed, namely the last day of processing of census and losses data. The completion date for data collection in the project area is January 12, of 2017 (cut-off date). After this date, households and legal entities those making any improvements on project affected land plots will not be entitled for compensation. However, they will be preliminary notified and requested to clear the land plots and dismantle the affected structures before the project implementation. These dismantled structures will not be subject to confiscation, any fines, or compensation. 94. According to Articles 16-18 of the Land Code and 61-69 of the Law On State Property dated of 1st of March, 2011, acquisition of land plots or other real estate for construction of the road shall be carried out by the local executive authorities, Almaty district Akimat in particular. This draft, therefore, shall be agreed by Akimat of Almaty oblast for implementation of necessary procedures in accordance with the Bank’s policies. 95. In the Republic of Kazakhstan, pursuant to the Article 6 Clause 4 of the Law On Valuation Activities compulsory valuation shall be performed in accordance with legislative acts of RK on acquisition of property from the owner for public needs. 5.2. Process of Property Valuation 96. To evaluate the cost of land and structures acquired, subject to demolition, Akimat of Almaty oblast (akimats of districts of Almaty oblast) will conclude contracts with properly licensed valuators. Having based on data about needs in the land collected by the designers, the valuators will contact people potentially affected in order to evaluate the cost of their property. 5 Information on the exact number of such employees is unavailable now, since it depends on the Contractor and the actual need in staff during construction works. Although this RAP does not provide this data, the contractors will develop Labor Camp Management Plan specifying details on staffing and outlining a range of mitigation measures designed to avoid/reduce undesired camp management impacts during construction and maintain constructive relationships between local communities and workers’ camps. 29 97. After the project is agreed, the final list of people and their property affected by the project is submitted to Akimat of Almaty oblast. This shall be done after Akimat issues the decree on land acquisition to carry out final evaluation of property affected and for purposes of compensation payment. 98. The first affected property evaluation shall be carried out by the independent valuator upon instruction of the Committee for Roads for RAP preparation. 99. The process of identifying individuals and properties affected by the project began in August 2014 and ended in January 2017. Independent property evaluation agencies have been appointed to assess the properties affected by the project. These agencies, based on the documents provided by the owners, made an initial assessment of the property affected by the project. After the approval of this project, and in accordance with the Kazakh legislation, local Akimats will be responsible for conducting another independent evaluation. In the event of any discrepancy between the calculated value and the full replacement of the value during the independent evaluation, compensation to people affected will be based on the most recent full cost of replacement. The following documents will be reviewed during the evaluation: • Identification document • The state acts for land with the land plot dimensions • Technical passports with details 100. Lists of affected people identifies are approved by akimats of the relevant districts. Based on the evaluation report, the relevant akimats will sign contracts on land acquisition. Commissions appointed by Akimat for impact assessment consist of undefined number members appointed from staff of oblast departments of land resources management, architectural, town-planning and other respective services. Evaluation will be carried out with presence of affected people. 101. The following three types of evaluation methods, common in Kazakhstan, have been applied: a) Cost Method – Rate of Return method. Cost method is based on landowner’s expenditures and the fact that cost of this land plot and its improvement will not raise the market price of already improved land plot, with lands of equal category and quality. For instance, in case of using this method, the production material, i.e. quality and cost of property material, year of construction, condition of the object and etc. shall be considered. Generally, this method is used for residential premises. b) Comparative Method. Comparative method is based on comparison of the property cost with similar property objects and land plots located on the same territory. Valuator shall consider prices, indicated in local newspapers or TV sale advertisements of the similar property and land plot on this territory. In addition, prices of similar property recently sold on the open market, where cost decisions are taken by buyers and sellers, shall be compared. This approach is based on principle of replacement: an informed buyer does not offer price for valuated property object higher than the price existing on the market for objects similar in quality and usefulness. This principle is mainly applied to valuation of residential premises. c) Income Method – Discounted cash flow method. Profit approach is used to valuate commercial and agricultural objects only (fuel stations, cafes, shops, points of sale, empty commercial lands, farming lands and others) to identify cost of the object that can bring income in future during a particular period of its use. The cost represents a sum of future income and profit due to resale of the object valuated. This method is based on the principle 30 of waiting, where informed buyer (investor) acquires land plot obtaining the future income or profit. This approach requires thorough analysis of economic conditions and tendencies that can influence on profitability in part of valuation of the object location, and using such procedures as discounting and capitalization. Documents- based valuation (tax declaration, income statement, etc.) has been carried out. 102. To identify the cost of agricultural land plots the method based on evaluation of loss of agricultural production when land is acquired. The methods applied meet the requirements, norms and regulations of Kazakhstan legislation. The amounts of compensation calculated by valuators have been discussed with the majority of owners and representatives of relevant district akimats of Almaty oblast. 103. According to Clause 4 of the Law on Valuation Activities of the Republic of Kazakhstan, compulsory valuation shall be performed in accordance with legislative acts of RK for acquisition of property from owners for public needs. 104. As stated above, alternative land plots have been provided to all landowners and land users in vicinity of their land plots, therefore compensations have not been paid. 105. All people affected by acquisition of pastures will be additionally supported by akimats on the basis of agreed matrix of titles in RPF. Table 12. Entitlement and Compensation Matrix Property Description Affected Entitlement for Number of PAPs and type People Compensation of compensation offered Permanent loss Lease holders All lost Long-Term • Cash compensation in Under this activity, 25 of agricultural land, Lease-holder amount equal to market long-term lease-holders land [including regardless and private value of gross harvest (or provided with alternative pasture of the owners indexed matrix for pasture land plots category] and severity of quality) for the remaining private owners the impact term of lease, or • Renewal of lease contract for alternative land plot on previous conditions. • In case of temporary land acquisition, and as a result partial or complete cessation of work of irrigation, drainage, erosion control systems (structures), losses can be based on the cost of the works to construct the new or rehabilitate existing facilities and structures (systems), including the cost of design and survey works. • Compensation for full market cost of land or provision of equal land plot as preferred by the affected person 31 Property Description Affected Entitlement for Number of PAPs and type People Compensation of compensation offered Severe Owner, Lease- • Cash compensation equal to None Impact— holder market value of two more than livestock grazing years. 10% of income lost Commercial Owners • Compensation by 5 landowners, provided with Land alternative land plot which alternative land plots of the is equal to acquired one, or same commercial category, • Cash compensation for size and quality acquired land plot at a market price without payment of taxes, registration fees and transaction costs, including all losses, which he has due to the early termination of obligations before the third parties; and • Compensation for cessation of business if any Houses, Owners of • Compensation of the full None Buildings and permanent market value or at the Structures structures request of the owner provision of structure in replacement; if the value of structure provided is lower than acquired, the owner is paid the difference in price, or • Cash compensation for outstanding (or unauthorized) construction at the price of replacement of lost structure and other material assets at the price of building materials, construction work and labor, excluding the cost of recycled materials, depreciation and charges for the transfer of property. Compensation includes the cost of lost connections to water supply and other engineering services. Business and Temporary All people • Owner: allowance is paid None employment or affected for lost salaries for the permanent period of forced break in loss of work up to 3 months. business or • Owner: if permanent loss, 32 Property Description Affected Entitlement for Number of PAPs and type People Compensation of compensation offered employment cash compensation is paid, which is equal to one year income; if temporary loss, cash compensation is paid for the period for which income is lost. Compensation is calculated on the basis of tax declaration or official minimum salary. Temporary loss Land used for Subject to Owners • Contractor shall pay cash 6 landowners, alternative road negotiation (private or compensation at the local land plots have been construction between public) commercial rental rates for provided for temporary use, owner and duration of use the land will be restored to contractor • Land shall be restored to original status before return original status at the end to landowner of rental period Land for Subject to Owner (private • Contractor shall pay cash None borrow pits negotiation or public) compensation at the local between commercial rental rates for owner and duration of use contractor • Land shall be restored to original status at the end of rental period Unforeseen District Akimats and the Committee for Roads of the adverse Ministry for Investments and Development of the Republic consequences of Kazakhstan RSE shall deal with any unforeseen project of impacts impacts during and after the project implementation concerning compliance with social safeguard principles to protect people affected. 106. Totally 36 land plots are permanently acquired, they are owned by 30 project affected parties, 10 legal entities and 20 households (see Annex 1 for details). Even though the national law stipulate that all people losing more than 10% of their agricultural productive lands shall be given an allowance in amount of double annual crop grown on the acquired land, no one is losing more than 10% of their productive land along Kurty – Burylbaital road section (km 2295 – km 2380). 5.3. Provision for Informal Land Use 107. In accordance with long term and historically accepted local practice, farms generally have open access to Government-owned land for livestock grazing (normally sheep, goats and cattle). Some of this lands will be acquired for project. There will be no change to this local practice, and the District Akimats will ensure that farmers can continue to enjoy open access to Government- owned land as grazing fields. Given minor impact and abundance of land in the region, any significant negative impacts are not expected. It will be important that crossing routes (normally tunnels under the road) are constructed at regular intervals to allow cattle to cross the road. Representatives of CR of MID RK has agreed that additional crossing points can be provided if the 33 community states that the route is required, and that there are no engineering obstacles. It is better that decisions on the location of any additional crossings are made before construction starts. Table 13. Land Acquisition Implementation Schedule Tasks/steps Responsibility Deadline Status No. June, 2014 Almaty oblast akimat, Public Consultations March, 2015 Completed 1 CR, PMC April, 2017 Notifying PAPs about land plots Almaty oblast akimat January, 2017 Completed 2 acquisition Establishing Grievance Redress The Committee for Mechanism to lodge Roads, Almaty oblast January, 2017 Completed 3 concerns/complaints on land akimat, PMC and CSC acquisition January- Census CR, PMC Completed 4 February, 2017 Approval of land use designs, Almaty oblast akimat, issuance of decrees by akimats on The Committee for January, 2017 5 Completed land acquisition Roads Preliminary negotiations with January- landowners about payment of Almaty oblast akimat 6 February, 2017 Completed compensation Valuation of land plots Almaty oblast akimat 2017 Not required 7 Social and economic research: The Committee for February, 2018 Completed 8 questionnaire survey, analysis of data Roads, PMC Not required as Applying for allocation of funds from land to land the government budget for payment Almaty oblast akimat 2017 9 options preferred of compensations and documentation by all PAPs Approval of application for allocation 10 of funds from the government budget The Committee for 2017 Not required by the republican budget commission Roads Signing of contracts on allocation Almaty oblast akimat, 11 (lease) of alternative land plots with May 2017 Completed The Committee for the landowners Roads Payment of compensation to the Almaty oblast akimat, 12 2017 Not required landowners and users The Committee for Roads Take possession of land plots and Almaty oblast akimat, January- 13 legally transferred to relevant Completed The Committee for February, 2017 authorities Roads Not completed After contracts Expected in April with 14 Issuance of the Notice to Proceed The Committee for 2017 (after contractors are Roads, PMC clearance of signed RAP) Monthly from 15 Internal Monitoring/Supervision The Committee for the beginning Not completed Roads, CSC of civil works 34 6. PUBLIC CONSULTATIONS 108. The first public consultations regarding the proposed Project have been carried out during the development of the preliminary design in August 2014. Representatives of the Committee for Roads, Almaty akimat and designers took part in consultations held in Akshi village of Kurty rural district to provide basic information on the Project, project impacts and aspects of the RAP. The second public consultations were held in March 2015 in Aidarly village of Zhambyl district and the third final public consultations were held in April 2017 also in Aidarly village. Information brochure summarizing approaches employed in the RAP was developed and distributed during public consultations. Specialists of CR, JSC NC KazAutoZhol, representatives of akimats and resettlement and environment consultants as well took part in the consultations. 109. Representatives of Almaty oblast KazAutoZhol presented information on engineering details of the proposed road reconstruction and design solutions related to the road section located in this region. Then, information on land acquisition and resettlement has been presented including aspects of the relevant legislation and approaches, details on entitlement for compensation, grievance redress mechanism, functions and responsibilities of authorities involved in Resettlement Action Plan and next steps. 110. People actively participated in the meeting. Questions and comments were related to project activities, including construction works program, land acquisition process, etc. Representatives of Almaty oblast KazAutoZhol and resettlement and environment consultants answered the questions with necessary explanations. 111. Wider audience and potentially affected people showed a lively interest to the project. Possibly this campaign has been the first public disclosure of the project details. The main questions asked at this meeting concerned the opportunities of employment for local population during reconstruction, amounts and types of compensation for the land plots that can be acquired, the soonest beginning of the project and early informing communities thereof. 112. In addition to public consultations, individual meetings with representatives of the relevant Akimats and other authorities have been held by resettlement and social development consultants. Discussions with the heads of households and road businesses have also taken place. Table 14. Consultations Summary Matrix Date Place Participants Main questions discussed August Akshi village, Representatives of Presentation of preliminary design of 2014 Ili district, KazAutoZhol NC JSC, road section, approaches to and issues Almaty oblast Almatyzhollaboratoria of land acquisition and resettlement, SE, Ili district Akimat, requirements of IBRD, entitlements resettlement and for compensation, grievance redress environment consultants procedures, collection of data and other RAP-related processes, and monitoring. March Aidarly Representatives of the Presentation of preliminary design of 2015 village, Committee for Roads of road section, approaches to and issues Zhambyl MID RK, KazAutoZhol of land acquisition and resettlement, district, NC JSC, requirements of IBRD, entitlements Almaty oblast Almatyzhollaboratoria for compensation, grievance redress SE, Zhambyl district procedures, collection of data and 35 Date Place Participants Main questions discussed Akimat, resettlement and other RAP-related processes, and environment consultants monitoring. April 2017 Aidarly Representatives of the Presentation of preliminary design of village, Committee for Roads of road section, approaches to and issues Zhambyl MID RK, KazAutoZhol of land acquisition and resettlement, district, NC JSC, requirements of the World Bank, Almaty oblast Almatyzhollaboratoria entitlements for compensation, SE, Zhambyl district grievance redress procedures, Akimat, resettlement and collection of data and other RAP- environment consultants related processes, and monitoring. 113. Also, information brochures containing key project information, description of land acquisition, entitlements for compensation, Resettlement Action Plan preparation and grievance redress mechanism establishment as well. Brochure has been prepared in Russian and Kazakh and distributed among the public during consultations. 114. RAP document will be translated into Russian and Kazakh languages and published on the Committee for Roads’ web-site of. NC KazAutoZhol JSC will provide copies of RAP to Akimat of Almaty oblast, akimats of Ili and Zhambyl districts of Almaty oblast, etc. English version of RAP will be available for downloading on the WB’s web-site. 36 7. GRIEVANCES REDRESS MECHANISM 115. Project-related grievance redress procedures are designed to ensure effective and systemic mechanism to answer questions, feedbacks and consideration of grievances of affected people, public and other stakeholders. 7.1. Levels and Procedures of Grievances Redress 116. Grievance redress mechanism (GRM) is available for people dwelling or working in areas affected by the project. Any person impacted or concerned by the project activities can take part in GRM, have easy access to it and be assisted in so doing. The proposed GRM is not a substitute of public grievances and conflicts redress mechanism, provided for by Kazakhstan legal system, but attempt to minimize its use as possible. 117. The overall responsibility for the timely GRM implementation is held by CR and NC KazAutoZhol JSC, with the support of consultants such as the Project Management Consultant (PMC), Construction Supervision Consultant (CSC) involved in the management and supervision of construction works, as well as other activities under the investment program, while the Contractors carry out construction works. GRM also include oblast and district akimats, duly authorized to carry out tasks related to grievance consideration, and mediators / non-governmental organizations (NGOs) that participate in assisting in the amicable resolution. 118. This GRM includes two levels of grievances redressing for the road sector projects implemented by Committee for Roads: Grievance Redress Committee (GRC) on the regional (oblast) and central (Astana) levels in accordance with the Guidelines on Grievance Redress Mechanism on Environment and Social Safeguards in Road Sector Projects approved by CR in August, 2014 (GRM Guidelines). GRC consists of members appointed from CR, akimats, NC KazAutoZhol JSC, PMC, CSC and the Contractors. GRC on regional and central levels are chaired by top managers responsible for overall work of GRM and its effective and timely implementation. Meanwhile, coordinators are responsible for involvement of relevant parties and coordination GRC work on regional and central levels. 7.1.1. GRM: Regional (Oblast) Level 119. First, the following steps below will be taken in attempt to redress grievance at the regional level through GRC: 120. Registration of grievances: complainant or other stakeholders may visit, call, fax, or send a letter in hard or soft copy to district akimat, grievance coordinator of the Contractor, PMC, and GRC coordinator in NC KazAutoZhol JSC as well. Acceptance of grievances filed personally, by telephone, letter in hard or soft copy, or by fax will be confirmed. GRC on the regional level also considers anonymous grievances, when complainant refuses to provide contact information or if contact information is not indicated in grievance received by mail in hard or soft copy, or fax. 121. Processing of grievances. Inquiries and grievances in relation to which clarifications have been given and a decision taken at the moment of their submission are closed immediately. Cases requiring further actions are reviewed by GRC at the regional level. Regional GRC: (i) holds regular meeting twice a month and special meetings for particular cases when required; and (ii) reviews and discusses grievance within ten working days and gives recommends its redressing to the parties. Coordinator of GRC at the regional level distributes relevant information among GRC members, prepares minutes of meeting and reports on work progress and ensures that actions and 37 decisions are properly documented. 122. Feedback. The receipt of grievances filed personally or by telephone will be confirmed. The receipt of grievances received in hard copy by mail or soft copy by electronic mail will also be confirmed by hard letter, by e-mail, or fax within 3 working days from the date of receipt by GRC at the regional level. If grievance is not related to project activities and cannot be considered in terms of this GRM Guidelines, the authority (rural district, district, or oblast Akimat respectively) where this grievance have been forwarded will be indicated in the feedback provided to complainant. 123. If grievance is redressed at the regional level, the complainant will be informed about the results. If not redressed at the regional level and transferred to central GRC, complainant will be informed thereof including the date when case has been transferred to the central GRC and the expected date of decision to be taken at the central level. 124. If anonymous grievance, a paper-based answer will be placed on information stand of the relevant oblast branch of NC KazAutoZhol JSC, as well as relevant Akimat so to make it easily accessible for the complainant. 7.1.2. GRM: Central Level 125. In case of no effect at the regional level, the following steps below will be taken in attempt to review the grievance by GRC at the central level. 126. Processing of grievances: If grievance cannot be redressed at the regional level, it will be transferred to the central GRC including all relevant documents. The central GRC: (i) holds regular meeting twice a month and special meetings for particular cases when required; and (ii) reviews and discusses grievance within twenty working days and gives recommends its redressing to the parties. Coordinator of GRC at the central level distributes relevant information among GRC members, prepares minutes of meeting and reports on work progress and ensures that actions and decisions are properly documented. 127. Feedback. If grievance is redressed at the regional level, the complainant will be informed about the results. If not redressed at the central level, the complainant will be informed thereof and explained why the grievance has not been redressed, including recommendations where to seek for a solution within the local legal system of the Republic of Kazakhstan. 128. If anonymous grievance, a paper-based answer will be placed on information stand of the relevant oblast branch of NC KazAutoZhol JSC, as well as relevant Akimat so to make it easily accessible for the complainant. 7.1.3. GRM: Legal System 129. If after consideration and assistance from regional and central GRCs no decision has been taken or the complainant has not been satisfied by the system of grievance redress, the case will be referred to court for solution according to Kazakhstan legislation. 130. At the same time, it should be highlighted that management of GRC does not limit the right of a complainant to refer the case to court at the first stage of grievance redress process. 7.1.4. Grievance Coordinators 38 131. Affected people and other stakeholders may visit, call or send a letter, fax to the regional GRC in Almaty oblast or to the central GRC in Astana. Contact information in Astana as follows: - 32/1 Kabanbai Batyr Avenue, Astana, 010000, Kazakhstan, the Committee for Roads of the Ministry for Investments and Development of the Republic of Kazakhstan, tel. +7 (7172) 75-46-41, email: n.ramazanova@mid.gov.kz. 7.1.5. Information Disclosure 132. Information on grievance redress process under this RAP have been and will be disclosed to the public by means of information brochures and placed on information stands in rural district/district/oblast akimats and EA (or representative of EA at the regional level). Grievance redress mechanism will also be presented by representatives of PMC, NC KazAutoZhol JSC and/or EA regional representative during public consultation and unofficial meetings on the project territory. Information on grievance redress will be briefly described in progress reports of EA/CR for submission to the IBRD. 39 8. INSTITUTIONAL ARRANGEMENT 133. Preparation, implementation, monitoring and assessment of RAP require relevant organizational and institutional support. Functions of different divisions involved in RAP preparation and implementation are described in this section. 8.1. Committee for Roads 134. EA/CR through relevant akimats bears complete responsibility for preparation, implementation, funding, reporting and assessment of RAP with the support of KazAutoZhol JSC. CR performs: (a) assessment and endorsement of RAP before approval by the World Bank; (b) taking decisions in land acquisition and compensations to affected people; (c) coordination with the government agencies and akimats involved in land acquisition, distribution of land plots and reviewing and redressing grievances; (d) providing budget sufficient for compensation and support to communities and resettlement; (e) harmonizing the process of land acquisition and resettlement with the provisions of approved RAP; and (f) involving experts/consultants for RAP preparation and update (if necessary), and for its monitoring/assessment. 135. The Committee for Roads is also responsible for ensuring interdepartmental coordination and relations with relevant government authorities, involved in RAP implementation, high-level decisions taking, including grievance related decisions and assistance in court proceedings. As for grievance redress, CR will be responsible for creation of a grievance redress committee (s). CR is also responsible for safeguards implementation and observing of Loan Agreement and all other relevant documents. 8.2. NC KazAutoZhol JSC 136. KazAutoZhol NC JSC will be responsible for daily RAP implementation. Person responsible for RAP issues in KazAvtoZhol NC JSC will assist and coordinate preparation and implementation of final RAP. This person will be reporting to Director of NC KazAutoZhol JSC and assignments of this group will include, but not be limited to: 1. Assistance in census and social and economic survey of affected people and valuation of land / property acquired; 2. Coordination with relevant government authorities to provide all necessary documents and data for preparation and completion of RAP; 3. Monitoring work progress and assisting to relevant Akimats in drafting and adoption of land / property acquisition decrees in project implementation; 4. Monitoring work progress and assisting to relevant Akimats in timely notifying affected people of forthcoming land / property acquisition, further negotiations and signing of agreements; 5. Coordination of activities of grievance redressing committees created at the regional level, ensuring their proper functioning and reporting; 6. Control of receipt, registration, permission and reporting of grievances related to the land redemption process and other aspects of the Project; 7. Assistance in monitoring. 137. PMC and CSC will also assist to NC KazAutoZhol JSC since their staff includes specialists in grievance redress, RAP-related and environment issues. 40 8.3. Akimats 138. Although CR/KazAutoZhol NC JSC will play a central role in coordinating of RAP implementation, Akimats of Zhambyl and Ili districts of Almaty oblast will play an important role in consulting affected people, issuing decrees, grievance redress and providing alternative land plots to long-term lease-holders, ensuring budget for RAP and payment of compensation. Akimats issue decrees on land acquisition for public needs, and are responsible for initiating the RAP process and informing affected people. At the same time, respective district akimats will cover expenses related to re-registration of land plots from the local / district budget, as well as related administrative and bank expenses. In particular, the functions of Akimats relating to RAP implementation shall include, but not be limited to, the following: • Regular coordination and communication with relevant government agencies in Almaty oblast (for example, oblast branch of “The Government for Citizensâ€? (NPCzem), Department of Justiceâ€?) and respective Akimats; • Control and assistance to the respective Akimats in preparation and adoption of land/property redemption resolutions for project implementation; • Control and assistance to the respective Akimats in notifying affected people of forthcoming land/property acquisition; • Assistance in census and social and economic research of affected people and valuation of land/property acquired; • Preparation of documents for discussion of compensation with affected people; • Preparation of documents for signing agreements with affected people and payment of compensation; • Disclosure of RAP and information brochures; • Planning and management of RAP implementation and distribution of compensation; • Assisting in work of project consultants; • Control of expropriation cases; • Facilitating field research, re-registration of the remaining parts of land plots of affected people; • Coordination with relevant government agencies to provide all the necessary documents and ensure an early allocation of RAP budgets for affected people; • Assistance in obtaining, registering, permission and reporting on grievance relating to land acquisition and other Project aspects; • Assist in discussions and agreements between affected people and other neighboring land users regarding land swap and land expansion; • Assisting affected people who may wish to change the category parts of their land plots remained those are no longer suitable for continuation of agricultural activities; • Facilitate field research and re-registration of the remaining parts of land plots of affected people; • Monitoring / supervision of temporary acquisition of land by contractors involved in the project; • Assistance in monitoring. 8.4. Project Management Consultant 139. PMC will assist NC KazAutoZhol JSC with functions related to the finalization, implementation, supervision, monitoring and evaluation of RAP activities. PMC will recruit a full- time national expert who will be responsible for RAP assignments and monitoring. In addition, expert responsible for communication with affected people and concerned parties, as well as grievance redress may be recruited by PMC. In particular, PMC’s assistance to CR will include, but 41 not limited to: 1. Ensuring that Akimats completed the RAP properly prior to commencement of construction works, ensuring that Contractors undertake full responsibility for RAP implementation with regard to temporary impacts during construction works; 2. Immediate elimination of any non-compliance with RAP requirements; 3. Assistance in monitoring; 4. Consulting of KazAvtoZhol NC JSC, regional representatives of EA / CR regarding RAP and grievance settlement; 5. Provision of the relevant RAP reports. 8.5. Construction Supervision Consultant 140. CSC will assist to EA/CR, NC KazAutoZhol JSC, EA/CR’s regional representative and coordinate actions with PMC to ensure full completion of RAP activities prior to construction works commencement. CSC shall also ensure that Contractors take all necessary actions properly in case of any temporary land acquisition and provide detailed information in Monthly Progress Reports. CSC will be responsible for performing internal RAP monitoring and preparation of reports thereon. One of the main responsibilities of CSC is ensuring management and control of Contractors’ compliance with the specified mitigation measures, mitigation of social and environmental Project-associated impacts. 8.6. Other Authorities and Agencies 141. Some other agencies will participate in RAP preparation and implementation, including: • The other Authorities and Agencies will participate in financing compensation for land / property acquisition and resettlement. The Ministry of Finance on behalf of the Government will also sign the Loan Agreement with the World Bank under the Project; • Local courts. The judicial system will be involved in the RAP implementation if agreement between Grievances Redress Committee and the owner / user of the affected land / property. The judicial system of the Republic of Kazakhstan has a pyramidal hierarchy and includes: (i) a District Court; (ii) the Oblast Court; and (iii) the Supreme Court of the Republic of Kazakhstan. Meanwhile, judicial proceedings include the following stages: (i) the Court of First Instance; (ii) Appeal Court; (iii) Cassation Court; and (iv) the Supreme Court. In the case of any issues related to acquisition, Akimat will rely on the judicial system based on proper legal procedure. Cases of acquisition will be reviewed, hearings held and a decision made whether the land / property is acquired and at what price; • Independent valuators. Accredited / licensed private firms hired by Akimats / NC KazAutoZhol JSC to evaluate the assets affected by acquisition / expropriation. 42 Figure 3. RAP Implementation Arrangement The Government, Executive Agency/Committee for Roads Authorities of Almaty oblast NC KazAutoZhol Consultants and • Akimats of rural districts JSC Contractors • Oblast branch “The • Designer Government for • PMC Citizensâ€? (NPCzem) Regional • CSC • Oblast Judicial Representative of • Contractors Department EA/CR Independent Valuator Court Affected People 142. If necessary, a special seminar may be organized in Almaty oblast with non-governmental organizations and civil society organizations to ensure that all necessary information is disclosed to the public and PAPs and suggestions, if any. 143. The Project Management Consultant (PMC) will play a key role in organization of Land Acquisition and Resettlement Management during project implementation. According to the Terms of Reference of PMC (TOR), there are two Social Safeguards Specialists (one international and one national) working for PMC throughout the entire project period. Management and implementation of this RAP will be a part of the PMC’s functions and responsibilities. 144. The PMC will conduct an independent evaluation of the land acquisition process to inform Project Management (Committee for Roads and the World Bank), and prepare one final External Monitoring Report and Resettlement Evaluation Report and submit it to the World Bank. 43 9. MONITORING AND EVALUATION PROCEDURE 145. RAP implementation is subject to both internal and external monitoring. 146. The monitoring is required since RAP implementation frequently is important stage of any project including construction works because land acquisition, compensations and resettlement may cause delays in such works. Early identification of delay causes will allow CR (supported by individual consultants), NC KazAutoZhol JSC, akimats, PMC and CSC to develop mitigation measures in the process of RAP implementation. In the project, CSC in cooperation with PMC and CR will carry out internal monitoring. 147. All works related to land acquisition and resettlement are limited in time. Contractors and CSC will frequently conduct internal monitoring of RAP-related activities and report the results to CR and IBRD. Bi-annual or quarterly reports will be prepared depending on scale and importance of impacts. The relevant information will be collected for monthly assessment of the work progress and results of implementation and if needed for correction of the work program. 148. Internal monitoring reports shall include the following indicators connected with the land acquisition and compensation payment process is shown n the table below: Indicator Method of verification information shared with PAPs and Site visits/ Meetings with PAPs consultations completed with affected people and other stakeholders; GRM at local Akimat Level established and Leaflets produced/ Visits to local bodies PAPs are aware of existence of GRM Provision of alternate land lots ( land for Agreement/consent formed signed and land compensations) verified Payment of compensation for lands and Records of payments/ meetings with PAPs affected property ( people opted for this option) Re-registration/registration of the land plots in Records checking and site visits local Akimats, Transferred ownership to RoC for civil work Restoration and additional support provided Site visits/meetings with PAPs for PAPs livelihood restoration Land lots earmarked/refenced for Site visits/Records commencement for civil work 149. The following approaches will be used in monitoring of the above indicators: (a) examination of detailed measures for all AP; (b) consultants and informal interviewing of AP; in- depth study of the particular cases; (d) sampling study; interviews with the key informants; and (f) meetings with the local community dwelling on project territory. 150. If significant impact, a mitigation measures plan shall be prepared, approved and disclosed before EA/CR proceed with implementation of individual components of the project. 151. The monitoring will be carried out during RAP implementation and finished after 44 completion of the RAP. This will be a basis for the Committee to apply to IBRD for their approval of awarding civil works contract. 45 10. BUDGET 152. This section contains a detailed budget for all acquisition/resettlement actions under RAP implementation. Budget includes estimated amount of administrative costs only as alternative lands are provided and compensation payment is not required. There are also no expenses related to payment of cash compensation to socially vulnerable communities due to their absence. Expenses on internal monitoring and assessment are included in CSCs’ contracts (5 person-months) under the Project. 153. Akimats of Zhambyl and Ili districts are responsible for all expenses on land acquisition. As stated above, there are no expenses related to land acquisition, but only on documentation of deeds related to alternative lands provision, such as re-registration of remained land plots, registration of new plots, and all associated administrative costs. According to requirements of Valuation Standard “Valuation of land plot acquired for public needsâ€? (Approved by the Government’s decree No 124 dated of 12th of February, 2013), expenses on property documentation have been calculated acquired in replacement of land acquired for public needs. Breakdown of expenses is shown in Table 15 below. Table 15. Documentation-Related Expenses (Administrative Costs) Source of Information Expenses on documentation of Rates Number Total, KZT property obtained in replacement of (averaged), required acquired for public needs KZT Permanent acquisition http:enis.kz/Article/ Notarization of the documents - 24, 050.00 30 721,500.00 Details/101 10 MCIs (Minimum Calculation Index) http:enis.kz//egov.kz Issue of new state act - 3.84 9,235.20 90 831,168.00 /cms/ru/Articles/cost MCIs http://egov.kz/ - _of_earth_act http:enis.kz//egov.kz State duty for the state 1,202.50 90 108,225.00 /cms/ru/Articles/rate registration of land plot 0.5 s_for_registration MCIs - http://egov.kz/ Total 1,660, 893.00 Temporary acquisition http:enis.kz/Article/ Notarization of the deed - 10 24, 050.00 6 144,300.00 Details/101 MCIs http:enis.kz//egov.kz Issue of new state act - 3.84 MCI 9,235.20 18 166,233.60 /cms/ru/Articles/cost http://egov.kz/ - _of_earth_act http:enis.kz//egov.kz State duty for the state 1,202.50 18 21,645.00 /cms/ru/Articles/rate registration of land plot 0.5 MCI s_for_registration - http://egov.kz/ Total 332,178.60 Grand Total 1,993,071.60 Note: 1 MCI as of 15th of February, 2018 is - 2, 405.00 Tenge (since 1st of January, 2018) 46 Table 16. Overall Budget for Land Acquisition Type of expenses/Name Number of Number Estimate Estimate APs Budget (KZT) Budget (USD) Permanent Acquisition 1 Compensation for leased 10 LE and 20 187.9497 ha 0 (alternative 0 (alternative (private) lands HH land plots) land plots) 2 Registration of new land 10 LE and 20 30 contracts and 90 1,660, 893.00 5,149.25 plots, re-registration of HH units for re- existing land plots, notarial documentation and certification of the contract, payment of state duties registration of new (land plots will be contract/revision of lease divided in parts, and contract registration of plots is also required) Temporary Acquisition 1 Compensation for leased 1 LE and 5 20.4190 ha 0 (alternative 0 (alternative (private) lands HH land plots) land plots) 2 Registration of new land 1 LE и 5 HH 18 units for re- 332,178.60 1,029.85 plots, re-registration of documentation and existing land plots, notarial payment of state duties certification of the contract, (land plots will be registration of new divided in parts, and contract/revision of lease registration of plots is contract also required) Total 1,993,071.60 6,179.10 Contingencies (10%) 199,307.16 617.91 Total + Contingencies 2,192,378.76 6,796.91 154. The total expenses under Resettlement Plan are KZT 2,192,378.76. Dollar equivalent is 6,796.91. Calculation in Dollars is based on 322.55 KZT for 1 USD. Budget includes all expenses related to administrative costs. Note: Currency rate for USD to KZT – web-site of Kazakhstan National Bank http://nationalbank.kz – 1 USD – 322.55 KZT as of 15.02.2018. 47 ANNEXES Annex 1. List of Landowners/Users, Permanent Acquisition % of Type of Name of Total Area to be No. Land Category Ownership acquisition Vegetation Note Landowner/User Area, ha Acquired, ha (0.00) (Structures) Pasture (no Agricultural Bare land, an alternative land 1 Agromerkur TDO Temporary Land Use 3632.2900 20.5029 0.56 structures, no (pasture) plot is provided plants) Commercial (for No structures, no Bare land, an alternative land 2 Akshi LLP commercial Private Property 0.1000 0.0041 4.10 plants plot is provided development6) Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 3699.0000 12.4000 0.34 structures, no (pasture) plot is provided Bozoi LLP (has two land plants) 3 plots) Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 8406.0000 19.4853 0.23 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land Private Property 821.0600 4.3673 0.50 structures, no (pasture) plot is provided Daulet-Beket LLP (has plants) 4 two land plots) Pasture (no Agricultural Bare land, an alternative land Private Property 6859.4300 26.3923 0.38 structures, no (pasture) plot is provided plants) Pasture (no Land plot void of any Bare Agricultural 5 Karasai Batyr LLP Temporary Land Use 14406.3000 7.4000 0.05 structures, no land, an alternative land plot is (pasture) plants) provided Pasture (no Agricultural Bare land, an alternative land 6 Izen-Su LLP Private Property 44.1000 0.5016 1.14 structures, no (pasture) plot is provided plants) KazAgroInnovacia JSC Commercial (for No structures, no Bare land, an alternative land 7 Temporary Land Use 3053.0000 18.1000 0.59 (has three plots) scientific projects7) plants plot is provided 6 This land plot was acquired for carrying out business activities. However, no building/structure had been constructed on this land plot by the time of the project. The alternative land plot provided to the landowner in replacement of part of his land acquired was of the same land category, for commercial development, the same size and quality. The landowner can use this alternative land plot with the originally intended purpose, without any time delays or expenses on changing of the land category, if provided with the land of category other than commercial. 7 Scientific projects are in the area of selection and livestock management technology. 48 Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 404.5000 2.6007 0.64 structures, no (pasture) plot is provided plants) Commercial (for No structures, no Bare land, an alternative land Temporary Land Use 57.8800 0.3215 0.55 scientific projects8) plants plot is provided Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 184.8200 1.6473 0.89 structures, no (pasture) plot is provided Kurty-Sayakhat (has two plants) 8 land plots) Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 5970.6600 1.7709 0.03 structures, no (pasture) plot is provided plants) Kazakh Scientific and Commercial (for No structures, no Bare land, an alternative land 9 Research Institute for Temporary Land Use 2063.0000 15.5000 0.75 scientific projects9) plants plot is provided Livestock Prodution Pasture (no Agricultural Bare land, an alternative land 10 PK named after T.Bokin Temporary Land Use 8871.0000 11.5022 0.13 structures, no (pasture) plot is provided plants) Commercial (for No structures, no Bare land, an alternative land 11 Altebaev Bekbolat commercial Private Property 1.0000 0.0809 8.09 plants plot is provided development10) Pasture (no Agricultural Bare land, an alternative land 12 Akshalov Kerim Temporary Land Use 500.000 9.0000 0.18 structures, no (pasture) plot is provided plants) Pasture (no Abdrakhmanov Agricultural Bare land, an alternative land 13 Temporary Land Use 230.0000 0.0775 0.03 structures, no Aryngazy (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 14 Bilel Unziyrai Temporary Land Use 350.0000 3.6000 1.03 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 15 Duisenbayeva Oryngul Temporary Land Use 400.0000 0.6675 0.17 structures, no (pasture) plot is provided plants) 8 See footnote 7. 9 Scientific projects include breeding of new varieties of cows and horses. 10 See footnote 6. 49 Pasture (no Agricultural Bare land, an alternative land 16 Gabbasov Batyrbek Temporary Land Use 1000.0000 6.5852 0.66 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 17 Illyasov Ertore Temporary Land Use 1800.0000 3.3000 0.18 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 18 Imanbayev Bakytbergen Temporary Land Use 398.0000 1.9195 0.48 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 19 Kaderan Kalan Temporary Land Use 225.2400 1.8000 0.80 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 20 Kasimov Bakytzhan Temporary Land Use 1000.0000 4.9463 0.49 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 21 Khairoyev Sairap Temporary Land Use 1500.0000 1.2650 0.08 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 22 Koktubayev Ekebai Temporary Land Use 500.0000 2.5383 0.51 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 23 Manasov Zhumabek Temporary Land Use 500.0000 1.4703 0.29 structures, no (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 24 Nesippaeva Kaldykyz Temporary Land Use 200.0000 3.4000 1.70 structures, no (pasture) plot is provided plants) Commercial (for Pasture (no Bare land, an alternative land 25 Nusupbayev Ernar commercial Private Property 0.5000 0.0155 3.10 structures, no plot is provided development11) plants) Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 200.0000 0.1847 0.09 structures, no (pasture) plot is provided Omarova Kulsun (has plants) 26 two land plots) Pasture (no Agricultural Bare land, an alternative land Temporary Land Use 50.0000 0.0616 0.12 structures, no (pasture) plot is provided plants) 11 See footnote 6. 50 Pasture (no Omarov Anarbek (heiress Agricultural Bare land, an alternative land 27 Temporary Land Use 50.0000 0.0379 0.08 structures, no Omarova Kulsun) (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 28 Syrgabayev Kairat Temporary Land Use 400.0000 1.2797 0.32 structures, no (pasture) plot is provided plants) Pasture (no Tadzhamaganbetova Agricultural Bare land, an alternative land 29 Temporary Land Use 300.0000 0.3237 0.11 structures, no Alamagul (pasture) plot is provided plants) Pasture (no Agricultural Bare land, an alternative land 30 Tyshkambaev Kanat Temporary Land Use 1783.6300 2.9000 0.16 structures, no (pasture) plot is provided plants) Total 187.9497 51 Annex 2. List of Landowners/Users, Temporary Acquisition % of Type of Name of Total Area to be No Land Category Ownership acquisition Vegetation Note Landowner/User Area, ha Acquired, ha (0.00) (Structures) Pasture (no Agricultural Bare land, an alternative land Private Property 6859.4300 1.1236 0.02 structures, no (farming) plot is being provided plants) Pasture (no Daulet-Beket LLP (has Agricultural Bare land, an alternative land 1 Private Property 821.0600 0.7923 0.10 structures, no three land plots) (farming) plot is being provided plants) Pasture (no Agricultural Bare land, an alternative land Private Property 6859.4300 2.5795 0.04 structures, no (farming) plot is being provided plants) Pasture (no Agricultural Bare land, an alternative land 2 PK named after T.Bokin Temporary Land Use 8871.0000 5.7944 0.06 structures, no (farming) plot is being provided plants) Pasture (no Agricultural Bare land, an alternative land 3 Duisebaeva Oryngul Temporary Land Use 400.0000 0.0915 0.02 structures, no (farming) plot is being provided plants) Pasture (no Agricultural Bare land, an alternative land 4 Koktubayev Ekebai Temporary Land Use 500.0000 8.8978 1.77 structures, no (farming) plot is being provided plants) Pasture (no Agricultural Bare land, an alternative land 5 Omarova Kulsun Temporary Land Use 200.0000 0.7222 0.36 structures, no (farming) plot is being provided plants) Pasture (no Tadzhimaganbetova Agricultural Bare land, an alternative land 6 Temporary Land Use 300.0000 0.4177 0.14 structures, no Almagul (farming) plot is being provided plants) Total 20.4190 52