SFG1159 Resettlement Action Plan Trans-Hindukush Road Connectivity Project i Resettlement Action Plan EXECUTIVE SUMMARY X 1 INTRODUCTION 1 1.1 BACKGROUND 1 1.2 PROJECT DESCRIPTION 2 1.3 OBJECTIVES OF THE RESETTLEMENT ACTION PLAN (RAP) 4 1.4 PROJECT AFFECTED FAMILIES (PAFS) 4 1.5 SCOPE & METHODOLOGY 5 1.6 REPORT PRESENTATION 6 2 PROJECT BASELINE & SOCIO-ECONOMIC PROFILE OF PAFS 7 2.1 BACKGROUND 7 3 LEGAL & POLICY FRAMEWORK FOR RESETTLEMENT 14 3.1 AFGHANISTAN’S LAWS & POLICIES ON LAND ACQUISITION 14 3.1.1 LAW ON MANAGING LAND AFFAIRS 14 3.1.2 LAND EXPROPRIATION LAW 16 3.2 WORLD BANK OPERATING PROCEDURE 4.12 (OP 4.12) 17 3.3 COMPARISON BETWEEN AFGHAN LAWS AND WB OP 4.12 17 3.4 RESETTLEMENT POLICY FRAMEWORK (RPF) 19 4 PUBLIC DISCLOSURES AND CONSULTATIONS 24 4.1 INTER-MINISTERIAL MEETING 24 4.2 STAKEHOLDERS 25 4.3 CONSULTATION PROCESS 26 4.4 SUMMARY OF CONSULTATIONS 28 5 INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION OF RAP 33 5.1 PROJECT MANAGEMENT UNIT (PMU) 33 5.2 ENVIRONMENT AND SOCIAL MANAGEMENT UNIT (ESMU) 34 5.3 IMPLEMENTING NGO 34 5.4 LOCAL GOVERNMENT(S) 35 5.5 CAPACITY BUILDING 35 6 RAP IMPLEMENTATION MECHANISM AND SCHEDULE 36 Trans-Hindukush Road Connectivity Project ii Resettlement Action Plan 6.1 FINALIZATION AND VALIDATION OF PAFS LIST 36 6.2 PROACTIVE DISCLOSURE OF RAP 36 6.3 MIS OF RAP 36 6.4 DISBURSEMENT OF COMPENSATION 37 6.5 GENDER ISSUES 38 7 RESETTLEMENT ACTION PLAN & MITIGATION MEASURES 39 7.1 AVOIDING ACQUISITION TO BE EXTENT POSSIBLE 39 7.2 CUT-OFF DATE 40 7.3 RELOCATION AND RESETTLEMENT ALTERNATIVES 40 7.4 CONTINUED CONSULTATIONS 41 7.5 REBUILDING AND IMPROVEMENT OF COMMUNITY INFRASTRUCTURE 41 7.6 ASSISTANCE TO VULNERABLE GROUPS 41 7.7 ELIGIBILITY FOR COMPENSATION 41 7.7.1 GENERAL ELIGIBILITY 42 7.7.2 LAND TENURE AND COMPENSATION ENTITLEMENTS 42 7.7.3 ENTITLEMENTS TO COMPENSATION & LIVELIHOOD RESTORATION 43 7.7.4 ENTITLEMENT MATRIX 45 8 RAP BUDGET 48 9 GRIEVANCE REDRESS MECHANISM 54 9.1 GRIEVANCE REDRESS MECHANISM; OBJECTIVES AND FUNCTIONS 54 9.2 GRIEVANCE REDRESS COMMITTEE (GRC) 54 9.3 FUNCTIONS OF GRC 55 9.4 PROCEDURE OF DEALING WITH GRIEVANCES 55 9.5 WORLD BANK’S GRIEVANCE REDRESS 56 9.6 TIME LINES 56 9.7 DISSEMINATION 57 10 MONITORING AND EVALUATION 58 10.1 MONITORING AT PMU LEVEL 58 10.2 EXTERNAL MONITORING AGENCY (EMA) 58 10.3 MONITORING INDICATORS 59 COMPILATION OF VIEWS AND SUGGESTIONS RECEIVED IN THE CONSULTATION MEETINGS WITH THE COMMUNITY AND PAPS 72 Trans-Hindukush Road Connectivity Project iii Resettlement Action Plan List of Annexure Annexure A Structured questionnaire used for survey of PAPs Annexure B List of PAFs identified under Segment 1, Trans-Hindukush Road Connectivity Project Annexure C Strip Plan Annexure D Compilation of views and suggestions received in the consultation meetings with the community and PAPs Annexure E List of PAFs under Segment 1 as per type and quantum of loss Trans-Hindukush Road Connectivity Project iv Resettlement Action Plan ACRONYMS/GLOSSARY ADB Asian Development Bank Arazi Afghanistan Independent Land Authority ARTF Afghanistan Reconstruction Trust Fund B2B Bamyan to Baghlan CDC Community Development Council EA Environmental Assessment EIA Environmental Impact Assessment ESIA Environmental and Social Impact Assessment EMA Environmental Management Act ESM Environment and Social Management ESMP Environmental and Social Management Plan ESMU Environmental and Social management Unit GoA Government of Afghanistan GRC Grievance Redress Committee GRM Grievance Redress Mechanism IDA International Development Association Jerib 0.2 Hectares/2000 Square Meters KM Kilometer MIS Management Information System MOEW Ministry of Energy and Water MOI Ministry of Interior MoPW Ministry of Public Works MRRD Ministry of Rural Rehabilitation and Development NEPA National Environment Protection Agency NGO Non-Governmental Organization NIC National Identity Card OP Operational Policy PAP Project-Affected Person Trans-Hindukush Road Connectivity Project v Resettlement Action Plan PAF Project Affected Families PMU Project Management Unit RPF Resettlement Policy Framework RAP Resettlement Action Plan ROW Right-of-Way ToR Terms of Reference UN United Nations USAID United States Agency for International Development USD United States Dollar WB World Bank ZoI Zone of Influence Trans-Hindukush Road Connectivity Project vi Resettlement Action Plan Definitions of words and phrases Affected Persons (APs), for the purposes of this RPF, mean all the people directly affected by project-related land acquisition that leads to their physical relocation or loss of assets, or access to assets, with adverse impacts on livelihoods. This includes any person, household (sometimes referred to as project affected family), firms, or public or private institutions who on account of project-related land acquisition would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house, land (including residential, commercial, artisanal mining, agricultural, plantations, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. APs therefore include; i) persons affected directly by the acquisition or clearing of the right of-way or construction work area; (ii) persons whose agricultural land or other productive assets such as mining, trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to project-related land acquisition impacts; (iv) persons who lose work/employment as a direct result of project-related land acquisition ; and (v) people who lose access to community resources/property as a result of project-related land acquisition. Census means the pre-appraisal population record of potentially affected people, which is prepared through a count based on village or other local population data or census. Compensation means payment in cash or kind for an asset to be acquired or affected by a project at replacement costs. Cut-off-date means the date after which people will not be considered eligible for compensation, if they are not included in the list of APs as defined by the census. Normally, the cut-off date for the titleholders is the date of the detailed measurement survey. Displacement means either physical relocation or economic displacement directly caused by project-related land acquisition. Detailed Measurement Survey means the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground. Trans-Hindukush Road Connectivity Project vii Resettlement Action Plan Encroachers persons who extend their property beyond that for which they hold a title are encroachers and would not be eligible for compensation for land for which they do not possess a title. Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. Livelihood Restoration means the measures required to ensure that APs have the resources to at least restore, if not improve, their livelihoods. Restoration of livelihood of all APs is one of the key objectives of the World Bank’s resettlement policy. It requires that people are given the means and assistance necessary for them to improve, or at least restore, their livelihood and living conditions to pre-project levels. Inventory of Losses means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Jerib means the traditional unit of measurement of Afghanistan. One Jerib is equivalent to 2,000 square meters of land. One hectare is equivalent to 5 jeribs. Land Acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns, possesses, or uses, to the ownership and possession of that agency, for public purposes, in return for prompt and fair compensation. This includes direct acquisition and easement. Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant. Poor Those falling below the UN poverty line of 1 dollar per person per day or equivalent to 52 Afghanis.. Relocation means the physical shifting of APs from his/her pre-project place or residence, place for work or business premises. Rehabilitation means the assistance provided to severely affected APs to supplement payment of compensation for acquired assets in order to improve, or at least achieve full restoration of, their pre-project living standards and quality of life to pre-project level. Replacement Cost means the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this Trans-Hindukush Road Connectivity Project viii Resettlement Action Plan method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to mining, fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Resettlement means all social and economic impacts that are permanent or temporary and are (i) caused by acquisition of land and other fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land as a result of the project. Resettlement Plan means the time-bound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation. Severely Affected APs means APs that are affected by significant impacts within the meaning of the definition below. Significant Impact means PAPs are (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). Sharecropper and/or Tenant cultivator is a person who cultivates land they do not own for an agreed proportion of the crop or harvest. Structures mean all structures affected, or to be acquired, by the project such as living quarters, wells, hand pumps, agricultural structures such as rice bins, animal pens, stores/warehouses, commercial enterprises including roadside shops and businesses. Squatters mean the same as non-titled person i.e. those people without legal title to land and/or structures occupied or used by them. World Bank policy explicitly states that such people cannot be denied assistance to restore livelihoods and living conditions based on the lack of title. Temporary displacement means displacement where an occupier or owner of land is required to vacate land for a limited period to enable public works to be carried out on the land but can then return to the land and use it as before the displacement. Vulnerable means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement i.e; (i) single household heads with dependents; (ii) disabled household heads; (iii) poor households; (iv) elderly households with no means of support; (v) the landless or households without security of tenure; and (vi) ethnic minorities. Trans-Hindukush Road Connectivity Project ix Resettlement Action Plan Executive Summary a) Introduction This document presents the Resettlement Action Plan for the first Segment, from CH 00.00 km to CH 23.7 km of the B2B section, Trans-Hindukush Road Connectivity Project, which will be financed by World Bank. The World Bank’s Involuntary Resettlement Policy (OP 4.12) requires preparation of a resettlement action plan to address issues related to involuntary resettlement and/or the loss of assets or income as a result of the land acquisition. The Ministry of Public Works has developed a Resettlement Policy Framework (RPF) for this project, which has guided the development of this Resettlement Action Plan of the road project. It gives a description of national legislations and World Bank policy for acquisition of land, provides assessment of impacts, calculation of compensation to project affected persons and the total budget for compensation. This document also provides institutional arrangements for implementation of RAP, the implementation mechanism and implementation schedule. Processes designed for grievance redress and monitoring and evaluation are provided in the last chapters of this report. b) Scope of the Resettlement Action Plan (RAP) The contents of this RAP are designed to meet requirements of the World Bank’s involuntary Resettlement Policy (OP 4.12) and requirements of the government of Afghanistan. This RAP is guided by the principles described in the RPF, which is part of the ESIA. The same principles from the RPF will guide preparation of RAPs of all the segments of the road project. To ensure that this has been complied with, the preparation process has:  Has identified the project affected persons along the road corridor of the first segment and an assets inventory has been carried out for all the identified project affected persons. The inventory has included affected land, structures, trees and crops and livelihoods  Public consultations have been held with the PAFs and the community in general, stakeholders and members of the civil society have been consulted through assistance of the local administration  Afghanistan’s legal provisions have been compared with the World Bank policies to identify any gaps and necessary recommendations to harmonize the two have been incorporated in the resettlement plan Trans-Hindukush Road Connectivity Project x Resettlement Action Plan  This RAP provides for the action plan including budget for compensation payable to the affected persons. It also enlists other economic and livelihood restoration measures for mitigating effects of other impacts.  The land acquisition schedule and the resettlement plan have been prepared with the necessary budget to facilitate the implementation. c) Project baseline & Socio-Economic profile of PAFs Baseline information on Socio-Economic condition of the population living in the Zone of Influence was collected through a study commissioned by United States Agency for International Development (USAID) during 2009-10. The survey was carried out in 62 villages within the Zone of Influence (ZoI) covering a sample of 219 households. Further to this, a census of all the Project Affected Families (PAFs) was conducted after a gap of almost 4 years during October-November 2014 to collect the Socio-Economic information of the PAFs living in the villages falling on first segment of the road. Information was collected on demographic characteristics, employment and income and expenditure patterns of these families. During the first survey 36 PAFs were identified who will be directly affected by the project in terms of loss of land having land titles. The second census conducted by PMU team identified another 61 families who will get affected by loss of land, structures (residences, shops etc.) and other assets. The total number of affected families are 97, of which 3 families do not live in the area, hence could not be contacted for collection of detailed socio-economic information. These 97 affected families belong to 10 villages of Dushi district of Baghlan province. d) Legal and Policy Framework for Resettlement The national legislations with respect to land acquisition and resettlement were reviewed along with World Bank OP 4.12 by an international land specialist in 2007 (McAuslan, 2007) and reflected in the RPF of this project. The review is still applicable since no major changes have taken place with regard to the relevant land laws. There are certain gaps between the Afghan legal framework and the WB operational policies, and the RPF and this RAP provides measures for reconciliation. Afghan laws are silent on PAPs survey and RAP, whereas the WB OP 4.12 requires both in order to ensure a more participatory approach to acquisition. There are also differences on eligibility for compensation between both the legal frameworks. WB policy also requires establishment of a grievance redress mechanism and monitoring and evaluation system (further details are included in the RPF). The RAP document provides for a detailed resettlement plan, meeting the objectives of WB policy and provides for a sensitive, transparent and inclusive approach to acquisition and resettlement. e) Public Disclosures and Consultations Trans-Hindukush Road Connectivity Project xi Resettlement Action Plan Starting from the initial consultations carried out at the baseline survey stage during the year 2009-10, a multilevel consultation approach has been adopted informing the general public about project benefits, disclosure of project information and seeking their cooperation and addressing any concerns raised. Multiple rounds of consultations have also been conducted with the potential PAPs for collecting their socio-economic information, informing them about prospective land acquisition and to take their views on the resettlement processes. Communities were also consulted in deciding on possibilities and options available for resettlement, compensation rates and other alternatives. Views and concerns were taken into consideration in development of all aspects of the resettlement plan. f) Resettlement Policy The principles adopted for development of this resettlement plan are in line with the spirit of OP 4.12 where efforts were made to avoid land acquisition to the extent possible and the summary of ESIA findings, consultations held with various stakeholders justified that this amount of displacement is truly a last resort for a project of this nature and size. The consultations concluded that the unavoidable adverse impact were required to be accepted but with a true and fair resettlement process to mitigate the effects of such impacts. g) Eligibility for compensation General eligibility as PAP is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project as of the formally recognized cut-off date will be considered as project affected persons (PAPs)�. Although it is unlikely that many PAPs will be entitled to compensation or rehabilitation on the grounds that they are losing a substantial amount of land under the project, it is as well to set out the full picture on who PAPs are and what they are entitled to under a project: a) All PAPs losing land with or without title, formal land-use rights or traditional land use rights; b) Owners of buildings, crops, plants, or other objects attached to the land; and c) PAPs losing business, income, and salaries. h) Land Tenure and Compensation Entitlements The following categories of the PAPs will be entitled for compensation for loss of land: 1. Legal Title Owners: Owners having written evidences of land ownership under the formal system of property rights like different kinds of deeds or legal Trans-Hindukush Road Connectivity Project xii Resettlement Action Plan documents with copies in the Court Registries or any other official documentation issued by or on behalf government, establishing their right as an owner of the land in question. 2. Titles with Customary documents: Owners having documents recognised by both official and customary law as giving rise to ownership rights. 3. Occupiers of Land for a long period: Persons who with oral and other evidence with probative value can prove that they or their family have been in occupation of the land for at least 35 years. 4. Other Occupants of land: Limited to only those persons who have had open, continuous and interrupted possession of land over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. 5. Agricultural land leaseholders, sharecroppers and workers: PAPs having lease of agriculture land or rented in land, if acquired will be entitled to receive cash compensation amounting to one year’s crop yield of land lost. Sharecroppers will receive their share of harvest at market rates and additional one crop compensation. Contracted workers, where their contracts are interrupted, will be provided indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the harvest. The following categories of the Persons will NOT be entitled for compensation for loss of land: 1. Other occupants of lands or Squatters: Persons outside of the classifications of legal ownership and occupancy or possession mentioned above, will not be entitled for compensation for the lands that they occupy, but will be compensated for the permanent improvements or structures they may have introduced or built in the affected lands before the cut-off date. 2. Encroachers: Persons who extend their property beyond that for which they hold a title are encroachers and would not be eligible for compensation for land for which they do not possess a title. Rates of Compensation The PAPs in the project are entitled to various types of compensation and resettlement assistances. The values determined as compensations have been estimated by a committee of various stakeholders having representation of various ministries, District Governor’s office, Arazi, community and representatives of affected families. The market rates for land have been estimated considering factors such as recent sales, agricultural Trans-Hindukush Road Connectivity Project xiii Resettlement Action Plan productivity yield for 20 years and market rates as reported by the community members. The final compensation rates have been estimated by the committee as follows: a) Agriculture land, cultivated and used for standing fruits trees and other horticulture products or orchards-AFN 530,000 per Jerib b) Any other Agriculture land cultivated or not cultivated-AFN 450,000 per Jerib c) Any other land including used for residential/commercial purposes-AFN 225 per square meter In addition to the land, PAPs will also be eligible for compensation for loss of buildings and structures. An estimation of replacement cost has been done by the valuation committee as under: 1. Structures like residential rooms, shops, other buildings and structures with roof- AFN 550 per square meter of built up area 2. Boundary wall-AFN 512 per meter in length In case of severe impacts following allowances are payable 1. In case of a PAP losing more than 10% of his/her total agricultural landholding will be entitled to get an additional amount for severe impacts equal to the market value of a year’s net income crop yield of the land lost. It has been estimated at AFN 12.5 per square meter of land lost. 2. Affected families required to relocate their houses will be eligible for relocation allowance -AFN 15000 per PAF The Entitlement Matrix Compensation/ Type of Loss Eligibility Responsibility Assistance Cash compensation @ AFN 530,000 PAFs losing their per Jerib for agriculture land Orchard/Standing PMU/ District (Orchard and Loss of Agriculture land fruitful trees land Governor, Standing tress AFN 450,000 per Dushi and/or Non Orchard Jerib for Non or unplanted land) Orchard land is payable to them Cash compensation PAFs losing their PMU/ District Loss of Residential @ AFN 550 per Sq. house structures/ Governor, Structure Mtr. of built-up Buildings Dushi area is payable to Trans-Hindukush Road Connectivity Project xiv Resettlement Action Plan Compensation/ Type of Loss Eligibility Responsibility Assistance them. PAFs losing their homestead land where their houses Cash compensation are built, and other @ AFN 225 per Sq. PMU/ District Loss of homestead land land on the Mtr. of built-up Governor, homestead plot area is payable to Dushi having cattle yards, them. kitchen garden and for other uses Cash compensation PAFs losing their @ AFN 550 per Sq. PMU/ District Loss of other structures shops and other Mtr. of built-up Governor, building/ structures area is payable to Dushi them. Cash compensation PMU/ District PAFs losing their @ AFN 512 per Loss of boundary walls Governor, boundary walls Mtr. of wall length Dushi is payable to them. PAFs losing their A relocation PMU/ District Expenses on relocation, house structures/ allowance of AFN Governor, shifting of residence Buildings and will 10,000 per family Dushi require relocation is also payable In addition to compensation for loss of land, these PAPs will be PAPs losing more entitled for an than 10% of their Loss of income and additional total agricultural PMU/ District livelihood due to severe allowance of AFN land holding and are Governor, agricultural land 12.5 per sqm of the vulnerable to loss of Dushi impacts land lost. Also income and these PAPs will be livelihood provided training and capacity building support and priority Loss of income and PAPs losing their These PAPs will be PMU/ District Trans-Hindukush Road Connectivity Project xv Resettlement Action Plan Compensation/ Type of Loss Eligibility Responsibility Assistance wages shops and other provided Governor, sources of livelihood preferential Dushi/ allotment of shops implementing at the shopping NGO arcades to be developed on the highway. These shops will be allotted to them on subsidised rentals. Not anticipated impacts, will be PMU/ District Any other loss not Owners compensated at Governor, identified market/replacement Dushi value Table below summarizes the type of loss and number of PAFs affected by them Type of Loss No. of PAFs 34 PAFs are losing their agriculture land, out of them 7 PAFs are losing both Orchard and Loss of Agriculture land Non Orchard land. 26 PAFs are losing only Non Orchard land and 1 PAF is losing only Orchard land. 27 PAFs are losing their house structures/ Loss of Residential Structure Buildings 38 PAFs are losing their homestead land where their houses are built, and other land Loss of homestead land on the homestead plot having cattle yards, kitchen garden and for other uses 39 PAFs are losing their shops and 12 PAFs Loss of other structures are also losing other building/ structures Loss of boundary walls 28 PAFs are losing their boundary walls Expenses on relocation, shifting of 27 PAFs are losing their house structures/ residence Buildings will require relocation Loss of income and livelihood due to 14 PAPs are losing more than 10% of their Trans-Hindukush Road Connectivity Project xvi Resettlement Action Plan Type of Loss No. of PAFs severe agricultural land impacts total agricultural land holding and are vulnerable to loss of income and livelihood In addition to the PAPs losing their Loss of income and wages agriculture land, 39 PAPs are also losing their shops i) RAP Budget Total budget estimated for Segment 1, Trans-Hindukush Road Connectivity Project is AFN 12,851,582. As per the description below: Component Amount (In AFN) Compensation for loss of Land 7,426,371 Compensation for loss of Structures 4,379,748 Allowance for severe land impacts 140,463 Relocation allowance 405,000 Budget for Implementing NGO 500,000 Total 12,851,582 j) Other Features of RAP  Provisions are made in the RAP to provide for capacity building and training program for making the PAPs ready for an alternative sustainable livelihood option. Though these provisions will be available for any willing person living in the project area, first priority will be to cover all eligible PAPs.  Community structures and public utilities will be fully replaced so as to satisfy their pre project functions.  A comprehensive Grievance Redress Mechanism (GRM) has been provided for to ensure that views and concerns of those affected by the project activities are heard and their issues are addressed in a timely, effective and a transparent manner. Trans-Hindukush Road Connectivity Project xvii Resettlement Action Plan 1 Introduction 1.1 Background 1.1 Trans Hindukush road connectivity is very crucial for not only economic development of Afghanistan but also its national integration. Salang Highway, built almost half a century before carries almost all the traffic from North to South and vice- versa. It connects the Baghlan-Kunduz region to Jalalabad-Kabul region with almost ten thousand vehicles transporting goods and passengers every day, the Salang highway is one of the highest motor-able roads and gets frequently affected by heavy snowfall and landslides etc. The traffic disruptions cause huge economic costs and losses. Only alternative route to Salang highway is the unpaved Bamyan to Baghlan highway, which due to its limitations only is used by smaller vehicles. The Government of Islamic Republic of Afghanistan (GoIRA) has identified the Bamyan to Baghlan Corridor also called the Bamyan-Dushi Road, located within the Provinces of Bamyan and Baghlan, as a national highway requiring significant construction maintenance because of its strategic importance in providing an alternate route for Salang highway. The World Bank has decided to provide funds for developing the Hindukush road connectivity project having the following two sub projects: a. Upgrading the Bamyan to Baghlan highway (152 Kms.) as an alternative route when Salang highway is closed due to weather related disruptions and maintenance works. b. Long term rehabilitation of Salang highway including repairs to the tunnels and construction of a new reinforced heavy duty concrete pavement for about 86 Kms. length, located between 2,500 and 3,400 meters altitude above sea level. The Trans Hindukush road connectivity project with total estimated cost of US$ 250 million will consist of the following main components: Component 1: Road Construction (US$ 240 million): This will include: i. Civil works for rehabilitation and upgrading of B2B road and the Salang highway. ii. Consulting services, for supervision of works for these roads and regular technical audits. iii. Goods, which will include small equipment items which MPW may need to keep the two roads open during construction. Trans-Hindukush Road Connectivity Project Page | 1 Resettlement Action Plan The total cost of component 1 includes US$ 170 million to be spent on rehabilitation of B2B road, US$ 55 million will be spent on Salang highway and tunnel and US$ 15 million will be spent on goods and services benefitting both the roads. Component 2: Institutional support and project management (US$ 10 million): This will include provisions for road safety arrangements, effective O&M of the upgraded roads, information and communication campaigns, training & capacity building and management support cost of the PMU. The Trans-Hindukush Road Connectivity Project will bring out benefits by way of:  Improvements in the physical and road/alternative access,  Improvement in social services due to quicker and safe mode of transport,  Reduction in traffic congestion in the city/town and Salang pass which is currently used to connect Kabul with the northern parts of the country,  Employment potential-including skilled, semi-skilled and unskilled labour- both during construction, operation and maintenance phases of the project with specific attention to employment potential of local population as well as necessity for imparting any specialized skills to them to be eligible for such employment in the project,  Development of tourism,  Reduced pollution, better vehicle maintenance, fuel saving due to better quality of road,  Overall development of the economy and improved lifestyle for the people. 1.2 This Resettlement Action Plan (RAP) , is the first of several RAPs under the project, and addresses all the acquisition and displacement impacts of the road project and defines the methodology of compensation’ calculation and payment to all those persons whose property and assets will be affected by this project (as outlined in the RPF). This document provides the resettlement action for only the affected persons in the first segment of the road; RAPs for the following segments will be prepared based on a similar framework. 1.3 A detailed Environmental & Social Impact Assessment (ESIA) report has already been prepared, clearly outlining the adverse social impacts of the proposed project including the mitigation measures as per the legal framework prescribed in the Afghanistan Laws and compliance of the relevant World Bank safeguard policies. 1.2 Project Description Trans-Hindukush Road Connectivity Project Page | 2 Resettlement Action Plan 1.4 The upgraded B2B road will provide a year around alternative route to the Salang Pass, as well as increased security by reducing the time to respond to local, regional, or national incidents, and facilitate access to social services and provide new regional trade opportunities including agriculture and mining. The road also responds to an urgent need of the agriculturists and fulfils their long standing demand of better access to markets and preservation infrastructure facilities. Construction of this 152 Km. long road project has been divided into following 6 segments: 1. First segment (CH 00.00 km to CH 23.7 km), 23.70 km 2. Second segment (CH 23.700 to CH 45.2), 21.50 km 3. Third segment (CH 45.2 to CH 66.00), 20.80 km 4. Fourth segment (CH 66.00 to CH 85.8), 19.80 km 5. Fifth segment (CH 85.8 to CH 123.4), 37.60 km 6. Sixth segment (CH 123.4 to CH 152.25), 28.85 km This RAP covers the first Segment, from CH 00.00 km to CH 23.7 km of the B2B section of Trans-Hindukush Road Connectivity Project. The existing road width is between 5 to 12 meters and the planned road width is 10 m (with two 3.5 m lanes with1.5 m road shoulder on either side). In general, this subproject will involve civil works including excavation and embankment, rock blasting, gabions and revet mattresses, slope reinforcement and retaining walls, aggregate courses, construction of 2 new bridges and 133 culverts, reinforcing steel, stone masonry for retaining wall, guard wall, culvert-inlet/outlet structure, bed protection, lined ditch, permanent traffic control and signage, vegetation (bush) clearing, earth (soil) movement, topographic leveling, alignment and re- alignment of road segments, road pavement, coal tarring, etc with potential environmental impacts. The safety measures and specific mitigation measures will be considered in the Site-Specific ESMP. 1.5 The project road passes along the districts of Doshi,TalaWaBarfak, Kahmrad, Saighan and Shibar in Baghlan and Bamyan provinces. It also passes many villages directly along the project road. There are also other villages that are located on the opposite side of the river which will benefit from the project. The works shall consist of the review of design of the horizontal and vertical alignments including super elevation and curve widening of the existing roadway which includes but not limited to construction of new asphalt pavement, replacement or rehabilitation of existing bridges, replacement of cross drainage culverts, construction of new drainage culverts and roadside drains, relocation and improvement of existing irrigation canals, other ancillary works such as stone masonry retaining walls, riprap slope protection, etc. Trans-Hindukush Road Connectivity Project Page | 3 Resettlement Action Plan 1.6 A durable and long term rehabilitation of Salang highway will also be taken up under the project however this includes only repairs to the tunnels and rehabilitation of existing road with reinforced heavy duty concrete pavement. No adverse social impact is expected along the Salang highway and therefore this Resettlement Action Plan deals with losses and impacts related to only rehabilitation works on the B2B road. 1.3 Objectives of the Resettlement Action Plan (RAP) 1.7 This Resettlement Action Plan is developed on the lines of applicable laws and policies of Government of Islamic Republic of Afghanistan and is consistent with the World Bank’s safeguard policy on involuntary resettlement (OP 4.12) and RPF prepared for this project. OP 4.12 requires preparation of a RAP for all the projects having potential social impacts, acquisition of land and displacement affecting the lives of persons living therein. This Resettlement Action Plan is prepared for the resettlement approach for the Segment 1 (Km 0-24) of the road project. This RAP aims at:  Identifying the potential social impacts of the proposed road project.  Assessment of the social impacts and suggestive measures for mitigation.  Identification of Project Affected Persons (PAPs) and Assessment of their entitlements for compensation.  Quantification of individual and total compensation including estimates of other rehabilitation and resettlement expenses.  Developing processes for implementation of the RAP and its monitoring.  Grievance Redress Mechanism to deal with grievances related to resettlement process. 1.4 Project Affected Families (PAFs) 1.8 There are 10 villages falling within the road alignment at Segment 1, and 97 families living in these 10 villages are affected directly in terms of land loss, loss of buildings/ structures, houses and shops and walls etc. Some of these families are also losing a part of their homestead land beyond the built up homes, which include yard for cattle, kitchen garden and land used for other purposes. Trans-Hindukush Road Connectivity Project Page | 4 Resettlement Action Plan Table 1: List of villages and No. of PAFs therein S. No. CDC/ Village No. of PAFs 1. Bagh Mulla Sha 25 2. Char Bagh 2 3. Dahane Kayan 13 4. Gozar 2 5. Kondasang 15 6. Konjak 13 7. Lokhtoghai 12 8. Pule Kondasang 6 9. Rubat 7 10. Shalezar 2 Total 97 1.5 Scope & Methodology 1.9 A Resettlement Policy Framework to guide the process of resettlement and compensation issues was been developed by MoPW, based on an existing RPF developed for the World Bank funded CASA-1000 project and approved by Government of Afghanistan. This RAP is guided by the principles described in the RPF. 1.10 This RAP covers the villages and PAFs provided in Table 1 above and includes the efforts made on consultations and disclosures regarding the resettlement process under the proposed road project. It covers identification of PAPs and assessment of the extent of impact on their shelter, livelihoods and other socio-economic aspects of lives. It also includes review of the legal policy framework and entitlements. This RAP provides for baseline information on the socio-economic condition of the people living in the area and potential impacts of the road. 1.11 This RAP provides for the action plan including budget for compensation payable to the affected persons. It also enlists other economic and livelihood restoration measures for mitigating effects of other impacts. 1.12 The methodology adopted begins from identification of the PAPs, clearly categorized in terms of type of loss, assessment of their socio-economic conditions and calculation of an equitable and just compensation for their losses. The activities taken up for preparation of this action plan included the following: 1. Discussions with relevant stakeholders under the project 2. Development of a Resettlement Policy Framework Trans-Hindukush Road Connectivity Project Page | 5 Resettlement Action Plan 3. Consultation with communities 4. Survey of PAPs using a structured questionnaire 5. Assessment of compensation amounts and valuations 6. Preparation of the RAP 1.6 Report Presentation 1.13 This document is presented in the following chapters: 1. Project baseline & Socio-Economic profile of PAFs 2. Legal & policy framework for resettlement 3. Public disclosures and Consultations 4. Institutional framework for implementation of RAP 5. RAP implementation mechanism and Schedule 6. Gender issues 7. Resettlement Action Plan & Mitigation measures 8. RAP Budget 9. Grievance redress mechanism 10. Monitoring and Evaluation Annexes Trans-Hindukush Road Connectivity Project Page | 6 Resettlement Action Plan 2 Project Baseline & Socio-Economic Profile of PAFs 2.1 Background 2.1 Baseline information on socio-economic conditions of the population living in the Zone of Influence (ZoI) was collected through a study commissioned by USAID during 2009-10. The survey was carried out in a sample of 62 villages (out of a total of 180) within the ZoI covering 219 sampled households. Analysis of baseline conditions has been provided in the ESIA report and can be used for post project impact assessment for assessing the socio-economic impact of the road project. 2.2 The Resettlement Action Plan deals with land acquisition, resettlement issues and mitigation of adverse impacts on the affected persons and it is imperative to discuss the pre-project conditions of the affected persons in this document. A detailed survey was carried out to assess the status of only the affected families under the project. Structured formats used for collecting data during the survey are provided at Annexure A. 2.3 The process of identification of PAFs was initiated during October- November 2014 by the PMU team and a preliminary survey to collect the socio- economic information of the project affected families in the villages falling on 1st Segment of the road was conducted. Information was collected on demographic characteristics, livelihood and income & expenditure patterns. Details were also collected on access to education, health and other facilities. With very little information available on land records and conflicting information on land titles, it was decided to carry out another survey with the help of Arazi team to initially identify the title holders of the land falling on 1st Segment of the road. 2.4 As per this survey, in the first segment of the road project there are 36 PAFs who are directly affected by the project in terms of loss of land having land titles. Further to this, the second 100% household census conducted by PMU team identified another 61 families who will get affected by loss of land, structures (residences, shops etc.) and other assets. The total number of affected families directly affected in terms of loss of land or other assets or both in the 1st segment of the B2B road are thus 97 PAFs. 2.5 63 out of them belong to Tajik community and 34 families are from Hazara community. Out of the 97 families, 3 families do not live in the area and hence could not be contacted for collecting detailed socio-economic information pertaining to their family. List of PAFs identified is provided at Annexure B. Location of PAFs, their assets likely to be affected along the road are reflected on a strip plan provided at Annexure C Trans-Hindukush Road Connectivity Project Page | 7 Resettlement Action Plan Demography 2.6 All the 97 affected families belong to the following 10 villages/CDCs of Dushi district of Baghlan province mentioned in the table below. Table 2: Number of identified PAFs, by village, present/ not present S. No. CDC/ Village Present Not Present Total 1. Bagh Mulla Sha 22 3 25 2. Char Bagh 2 0 2 3. Dahane Kayan 13 0 13 4. Gozar 2 0 2 5. Kondasang 15 0 15 6. Konjak 13 0 13 7. Lokhtoghai 12 0 12 8. Pule Kondasang 6 0 6 9. Rubat 7 0 7 10. Shalezar 2 0 2 Total 94 3 97 2.7 94 PAFs from the above mentioned 10 villages have an average household size of 7 persons. With total to 658 persons of which 56% are male and 44% are female. 35% of the family members are below 14 years of age. Only 22 members (14 male and 8 female) in these families are old aged (above 65 years). Data analysis here pertains to only 94 PAFs, 3 absentee PAFs’ information was not available. Table 3: Number of identified PAPs, by gender, by age category Gender Age Category Total 0-14 15-18 19-65 Above 65 Years Years Years Years Male 128 51 174 14 367 Female 103 40 140 8 291 Total 231 91 314 22 658 Trans-Hindukush Road Connectivity Project Page | 8 Resettlement Action Plan Figure 1 : Survey of PAPs by ESM team of PMU, MoPW Table 4: Number of identified PAPs, by gender, by school going children Families where at least one child Total Going to Not School Going to School Families having girls in age group of 6-18 75 43 32 years Families having boys in age group of 6-18 80 62 18 years 2.8 Out of the 94 PAFs, 80 families have boy(s) in the age group of 6 to 18 and in 43 families at least one of them is going to school. 75 families have girl(s) in the age group of 6 to 18 and in only 43 families at least one of them is going to school. Dwelling Unit (house) 2.9 All the 94 PAFs own a house; have a title and all the houses have permanent walls and roofs. They have sufficient water supply for their needs and have electricity. Ownership of Assets 2.10 The data on ownership of assets reflects an average standard of living, rural characteristic and low middle class income of the families. 6 families own a car also. Table 5: Ownership of Assets, No. of PAFs Asset Type No. of Families Television 33 Trans-Hindukush Road Connectivity Project Page | 9 Resettlement Action Plan Asset Type No. of Families Radio 72 Generator 11 Car 6 Two Wheeler 3 Bicycle 17 Other Vehicles 2 Tractors 3 Other Agricultural Equipment’s 91 Irrigation/ Water Pump 79 Ownership of Livestock 2.11 Majority of the families (74) own cow, some of them own sheep/goat and almost half of them (44/94) own poultry birds. Table 6: Ownership of Livestock, No. of PAFs Livestock No. of Animals/Birds No. of Families Cow 1 14 2 to 4 51 More than 4 9 Goat 2 3 2 to 4 6 5 to 6 3 More than 6 11 Poultry 2 3 2 to 4 11 5 to 10 20 More than 10 10 Employment 2.12 Majority of the PAPs reported their primary occupation in farming (55%) and the next most popular activity was livestock (18%). 7% PAPs are Agricultural Labourers, 6% PAPs are engaged in service related to government and 5% in Trading/Shopkeeper. Majority of the PAPs have employment round the year. Average number of days employed for wage labourers varies between 150-250 days in a year. Trans-Hindukush Road Connectivity Project Page | 10 Resettlement Action Plan Table 7: Primary Occupation of PAPs, by Type of Activity, by Gender Primary Occupation Project Affected Persons (Nos.) % of PAPs Male Female Total Farmer 120 3 123 54.67 Livestock 12 29 41 18.22 Agricultural Labourer 15 0 15 6.67 Skilled Wage Labourer 9 0 9 4.00 Semi/Unskilled Labourer 7 0 7 3.11 Service - Private Sector 5 0 5 2.22 Service – Government 14 0 14 6.22 Trader/Shopkeeper 11 0 11 4.89 Small Entrepreneur 0 0 0 0.00 Others 0 0 0 0.00 Total 193 (86%) 32 (14%) 225 100.00 Income 2.13 Data analysis of the income reported by the PAFs reveals an average annual income of AFN 302,602 which approximately is AFN 12,300 per person per month for the employed population. Table 8: Annual Income of PAFs (AFN.), by Type of Activity Agriculture Wage/ Livestock Other Total Salary No. of PAFs 34 80 24 13 94 Average 97107 329680 20975 65832 303602 Minimum 25000 72000 4100 45000 65500 Maximum 250000 2120000 86000 130000 1850500 Expenditure 2.14 Respondents were requested to provide expenditure incurred per month on various needs. On an average a household spends AFN 7320 per month on food expenses. 52% of their total monthly expenditure is on food items. Some families spend up to 72% and some only 35% of their monthly expenditure on food. Next biggest expenditure is on clothing and health expenses. Trans-Hindukush Road Connectivity Project Page | 11 Resettlement Action Plan Table 9: Average Monthly Expenditure of PAFs (AFN.) No. of Averag Minimu Maximu PAFs e m m Food Items 94 7320 3500 17500 Health and Medicine 94 1000 100 2500 Clothes 94 826 100 4500 Education 58 722 200 3000 Agricultural inputs and farming 86 344 100 1100 related Maintenance of house and building 88 384 100 2500 Maintenance of livestock 61 226 100 1100 Cultural and Religious 93 505 100 1800 Fuel and Electricity 90 251 250 900 Travel and Transport 94 350 180 600 Miscellaneous 22 1800 150 6000 Table 10: Average Monthly Expenditure of PAFs (%) Average Minimum Maximum Food Items 52% 35% 72% Health and Medicine 8% 1% 14% Clothes 12% 1% 19% Education 5% 0% 14% Agricultural inputs and farming related 3% 0% 6% Maintenance of house and building 4% 0% 11% Maintenance of livestock 2% 0% 7% Cultural and Religious 5% 0% 8% Fuel and Electricity 4% 2% 6% Travel and Transport 4% 1% 7% Miscellaneous 1% 0% 20% Trans-Hindukush Road Connectivity Project Page | 12 Resettlement Action Plan Average Minimum Maximum Total 100% Trans-Hindukush Road Connectivity Project Page | 13 Resettlement Action Plan 3 Legal & Policy Framework for Resettlement 3.1 A Resettlement Policy Framework has already been developed by the PMU, MoPW for the Trans-Hindukush Road Connectivity Project which includes resettlement and rehabilitation principles and approach to be followed in minimizing and mitigating the adverse impacts likely to be caused by this project. This RPF is based on a Government of Afghanistan approved RPF developed for the World Bank funded CASA-1000 project. The compensation and resettlement assistance will be paid as prescribed in the RPF. 3.2 All the applicable acts and policies of Government of Afghanistan and relevant World Bank policies in the context of this project are discuss below. The PMU, MoPW will ensure that project implementation is consistent with the local laws and World Bank policies. A brief description of applicable laws and policies is provided below: 3.1 Afghanistan’s Laws & Policies on Land Acquisition Article 19 of the Constitution of Afghanistan No body’s property shall be confiscated without the provisions of law and the order of an authorized court. Acquisition of a person’s property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law. 3.1.1 Law on Managing Land Affairs 3.3 The Law on Managing Land Affairs (LMLA) is aimed at creating a legislated unified, reliable land management system to resolve the problems and issues caused by the different land management and title systems being followed during different regimes. Furthermore, this Law aims to provide a standard system for land titling, land segregation and registration; prevent illegal land acquisition and distribution; access to land to people; and conditions for appropriation of lands. Relevant Provisions from the Law on Managing Land Affairs in Afghanistan are summarized below:  Management of land ownership and related land management affairs is the responsibility of the Ministry of Agriculture, Irrigation and Livestock (Article 4). Trans-Hindukush Road Connectivity Project Page | 14 Resettlement Action Plan  If no title deeds are possessed, a land settler may claim land ownership providing conditions are met, including that: there are signs of agricultural constructions; land owners bordering the said plot can confirm settlement of the land user for at least 35 years; the land is not under Government projects; and is up to a maximum 100 Jeribs (Article 8).  Technical implementation and administration of land management affairs shall be conducted under the Ministry of Agriculture, Irrigation and Livestock, and also involving the Supreme Court, Ministry of Finance, Ministry of Energy and Water, General Department of Geodesy and Cartography and relevant local Departments (Article 13). Representatives of these organisations make up the Settlement Commission (Article 14).  A Provincial Level Land Settlement Commission will be established to better manage field activities and overcoming problems relating to implementation of the land settlement activities. This Commission is made up of the Provincial Governor, representative of the Appeal Court, Head of Ministry of Agriculture, Irrigation and Livestock, Head of MEW, Land Management Department, Department of Geodesy and Cartography (Article 20).  The State may appropriate land under a project for permanent use by state departments and institutions (Article 21), whilst land in built-up or under residential structures should be appropriated by the relevant Departments and not the Land Settlement Commission (Article 22).  Article 90 refers to non-agricultural activities on agricultural lands are only allowed in exceptional circumstances, provided approvals are given by Ministry of Agriculture, Irrigation and Livestock and the President.  Several Articles including Article 23, 81 and 89 provide for dispute settlement in the courts. However, Article 23 also stipulates that the legal court settlement can be resorted to only after attempts to redress grievances with the settlement commission have failed.  Article 25 recognises the possibilities of customary ownership of land, water (Kariz) and other similar community linked endorsements like by elders, tribal leaders and tribes etc. Trans-Hindukush Road Connectivity Project Page | 15 Resettlement Action Plan 3.1.2 Land Expropriation Law 3.4 The land expropriation law was amended in 2005 by a Presidential decree. Some of the important provisions of this law relating to land acquisition and compensation are described below:  The acquisition of a plot or a portion of plot, for public interest is decided by the Council of Ministers and will be compensated at fair value based on the current market rates (Article 2).  The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or hamper its use. If this difficulty arises, the whole property will be acquired (Article 4).  The council of ministers shall be empowered to expropriate a piece of land totally or partly for the purpose of mining and extraction from underground reservoirs (Article 3).  The right of the owner or land user will be terminated three months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Article 6).  In case of land acquisition, the following factors shall be considered for compensation: value of land; value of houses, buildings and the land; values of trees, orchards and other assets on land (Article 8).  The value of land depends on the category and its geographic location (Article 11).  In accordance with the provisions of the law residential land plots shall be distributed to individuals whose lands or houses have been expropriated against a fixed project price. It can be arranged with the owner if he wishes to exchange his property subject to acquisition with government land. The difference on the values of land will be calculated (Article 15).  Where the State-owned lands is being used by State and mixed departments are possessed by the municipality, local chief or other departments, in that case only constructional materials shall belong to the former possessors, and they shall not be paid the land and building prices. (Article 16) Trans-Hindukush Road Connectivity Project Page | 16 Resettlement Action Plan 3.2 World Bank Operating Procedure 4.12 (OP 4.12) 3.5 This policy provides that involuntary resettlement should be addressed in the following manner: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c) Displaced persons should be assisted in their efforts to improve their livelihoods in standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Displaced persons may be classified and include: i. Those with formal legal rights to land, including customary and traditional rights recognized under the law of the country; ii. Those who do not have formal legal rights to land at the time the survey begins but have a claim to such land or assets, provided that such claims are recognized under the law or become recognized through a process identified in the resettlement plan; and iii. Those who have no recognizable legal right or claim to the land they are occupying. 3.6 The Trans-Hindukush Road Connectivity Project involves displacement of persons living on the proposed road alignment. Therefore, OP 4.12 has been triggered to deal with their resettlement issues. Entitlements for compensation on responses to the adverse impacts due to project implementation is presented further in this document. 3.3 Comparison between Afghan Laws and WB OP 4.12 3.7 Taking cue from the similar resettlement frameworks prepared for various development projects in the past, a comparison of existing national laws and World Bank’s OP 4.12 was done. As further specified in the following table, the major reconciliation issues identified between Afghan Laws and OP 4.12 are as under: Trans-Hindukush Road Connectivity Project Page | 17 Resettlement Action Plan i. A structured Resettlement Action Plan ii. Participation of PAPs in the process of acquisition iii. Ascertaining title and ownership of assets iv. Valuation and assessment of compensation amounts v. Capacity building and livelihood restoration support vi. Grievance redress mechanism vii. Monitoring and Evaluation 3.8 The table provided below examines the provisions of Afghan Law and OP 4.12, identifies gaps, possible solutions and actions to fill these gaps through a resettlement policy framework for this project. A detailed resettlement policy framework has been prepared and description of the same is provided in the following part of this chapter. Trans-Hindukush Road Connectivity Project Page | 18 Resettlement Action Plan 3.4 Resettlement Policy Framework (RPF) 3.9 Comparing the model of land acquisition and resettlement provided for by OP 4.12 and the law and practice in Afghanistan, the reconciliation is achieved in a draft framework already prepared for dealing with resettlement issues with respect to the Trans-Hindukush Road Connectivity Project. This RPF provides for a more detailed framework which not only justifies the WB policy’s objectives but also the inherent spirit of it, which entails a sensitive, transparent and inclusive process of acquisition, displacement and resettlement. The RPF of Trans-Hindukush Road Connectivity Project is customized from the RPF approved by Government of Afghanistan for the World Bank funded CASA 1000 project by MoEW. This RPF of sets out the principles and policies to guide development of RAPs of all the Segments of the Trans-Hindukush Road Connectivity Project. The framework for mitigating a plan of resettlement and rehabilitation of the affected persons by the Trans-Hindukush Road Connectivity Project will be adopted in the following approach Figure 2: Resettlement Approach 1. Avoiding acquisition to the extent possible 2. Preparing a detailed Resettlement Action Plan and disseminating it adequately 3. Implementation of RAP ii) Determination of i) Notifying acquisition iii) Taking possession claims and their payments First Step: Avoiding acquisition to the extent possible 3.10 The OP 4.12 is avoidance of land acquisition and resettlement, if possible. Land acquisition and resettlement should not be seen as the easy first option; rather it should be seen as a last resort. 3.11 In order to meet this objective, an exhaustive Social and Environmental Impact Assessment has been undertaken to assess alternatives to avoid acquisition and the financial implications to it. This includes an assessment of the project baseline data and collecting detailed information on the socio-economic profile of all the affected families on the alignment of Segment 1 of the road project. Trans-Hindukush Road Connectivity Project Page | 19 Resettlement Action Plan 3.12 A participatory consultative process to allow the affected persons and other stakeholders to deliberate upon the project’ benefits, its negative impact, resultant acquisition and displacement issues etc. has been undertaken in the first Segment with the communities living on and around the alignment of Segment 1 of the project. 3.13 It has been decided to determine a cut-off date after which no one coming into and obtaining land or a house in the potential project area will be entitled to any compensation or resettlement benefit. Such a date will have to be determined for each Segment separately. 3.14 Structured formats and processes to take up the activities described in the first step have been finalized and completed for the Segment 1 of the road and the same will be have to be replicated for each of the Segment thereafter. Second Step: Preparing a detailed Resettlement Action Plan and disseminating it adequately 3.15 The next step is to develop a detailed Resettlement Action Plan guided by the principles established in this framework document. For the peculiarities and constraints described earlier, the RAP will also be developed in a phased manner for each Segment separately. Each RAP should include provisions to provide for: 1. Timely information dissemination to all the PAPs about their options and rights pertaining to resettlement and compensation; 2. Ensuring that all the PAPs are advised about the offered choices and provided with technically and economically feasible resettlement alternatives; 3. Consistent and objective valuation of loss of income and assets; 4. Disbursement of full replacement cost for losses of assets attributable directly to project-related land acquisition and the amounts are paid promptly to the rightful owners in a transparent manner. 3.16 In case of physical relocation or displacement of the affected persons, the resettlement plan must include measures to ensure that the displaced persons are: (i) Provided adequate and timely assistance (such as moving allowances) during relocation; and (ii) Provided with residential housing, or housing sites, or, as required, sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages they had at the previous site. Trans-Hindukush Road Connectivity Project Page | 20 Resettlement Action Plan 3.17 In order to compensate for the displacement drudgery and consequential costs, the RAP should also have provisions to provide to the affected persons: i. Sufficient financial assistance for a reasonably estimated transition period so as to enable them to restore their livelihood and standards of living; ii. Appropriate development assistance in addition to the compensation measures such as land preparation, training, or job opportunities; iii. Capacity building and training opportunities so that they can either take up a new form of livelihood by virtue of being trained to a higher skill standard. 3.18 The above provisions require a very judicious estimation of financial and other assistance and needs to be dealt with very carefully. The RAP should also establish clear and transparent processes to provide for just, fair and equitable distribution of assistance to minimize discretionary and biased approach in the decision making processes. 3.19 The RAP document and the arrangements to implement it effectively should have structured and clear information on the following aspects: i. List of project affected persons including detail socio-economic information of the household. ii. Total ownership and quantum of loss of the assets to be acquired for each PAP. iii. Details of persons to be displaced and the information on their incomes, pre and post displacement in measurable quantities. iv. Detailed information about title, possession and use of the land to which each displaced person/family will be relocated. The RAP should also provide information on inventory of support infrastructure and facilities at the previous site and the site to which they would be resettled. v. All necessary arrangements made by the project implementing agency to facilitate resettlement and disbursement of moving allowances etc. vi. The procedures to estimate compensation amounts with clear definitions of categories of land to be acquired and mechanisms to decide on land prices. vii. Participation of PAPs in the design, execution and monitoring of RAP implementation. viii. Establishment of a Grievance Redressal Mechanism for PAPs and other stakeholders. ix. A comprehensive monitoring mechanism and information management system. x. Appropriate Institutional arrangements to implement the RAP. Third Step: Implementation of RAP 3.20 The third and final step is the execution of the Resettlement Action Plan, which is further divided into three sub sets: Trans-Hindukush Road Connectivity Project Page | 21 Resettlement Action Plan i. Notifying acquisition: To ensure public notifications and intensive personal contact with owners and occupiers of land and oral explanations of what is happening and what owners and occupiers should do in order to ensure that they obtain recognition for their occupation of land and compensation for same. Acquisition of land will also necessitate full and clear documentation of what is happening. In the case of temporary displacement (if any), full explanation of the circumstances of such displacement including period for which and where will the occupiers be temporarily located and in what form of accommodation including their eligibility for compensation, if any will have to be recorded. In case of voluntary donation of Land, the donor should be clearly made aware of his/her right to receive compensation and the process should be clearly documented to avoid any future claims or objections. ii. Determination of claims and their payments: To determine the claim amounts payable to each affected person and their speedy disbursements. OP 4.12 distinguishes between compensation and assistance, financial or otherwise, in connection with resettlement. This is perfectly logical as it makes clear that persons are entitled to compensation for lost assets etc. whether they are being relocated or not. However, if compensation is understood as money, money’s worth or land and/or other assistance to put a person back into the position as close as may be as he/she was prior to having his/her land (including buildings and natural resources on the land) acquired and or the value of retained land diminished and or having to vacate his/her land and move elsewhere, then we can deal with monetary compensation for loss of assets along with what may be called resettlement expenses. In order to comply with OP 4.12, the content of this sub-step should include:  making claims for compensation  provision of assistance to PAPs in making claims  assessment of claims  determining claims and dealing with appeals  the payment of compensation Compensation will include  Full replacement cost of land taken at its market value plus transaction costs (e.g. registration fees, selling/buying taxes, etc.)  alternative land of the same quantity and quality if possible  resettlement expenses (which for these purposes includes temporary displacement) which in turn may include  financial and other assistance in provision of housing  Training & Capacity Building for livelihood replacement Trans-Hindukush Road Connectivity Project Page | 22 Resettlement Action Plan iii. Taking possession: To ensure a peaceful and sensitized approach towards taking over of the land – the entering into possession of the land by the acquiring authority – and the departure and resettlement of PAPs. Assistance with resettlement and displacement will include  assistance with packing up and moving including moving back on to the land after temporary displacement including working with and providing additional resources for the ‘host’ community  advice and assistance to those being resettled  preparation of land, provision of accommodation and facilities Trans-Hindukush Road Connectivity Project Page | 23 Resettlement Action Plan 4 Public disclosures and Consultations 4.1 Stakeholder’s consultation has been a continuous process since the project design was finalized in order to provide information to local communities, population living in the zone of influence and other stakeholders. The likely socio-economic impacts, both positive and negative were discussed and efforts were made to obtain their views on the proposed resettlement alternatives. The multipronged approach of consultation has helped the design and planning of resettlement solutions and has also resulted in:  Active participation of all the stakeholders in design and development of the project preparation processes  Understanding and incorporating all the major concerns of the affected population  Addressing the needs and priorities of the affected people in the resettlement plan, ensuring optimum benefits of the project and better acceptability of the resettlement solutions. 4.2 The consultation process has been wide and open, gradual and regular thereby resulting in timely, updated and realistic views of all the relevant stakeholders in an open and transparent manner. 4.1 Inter-ministerial Meeting 4.3 An inter-ministerial committee was formed having representatives of the following:  Ministry of Public Works  PMU, Trans-Hindukush Road Connectivity Project  Ministry of Finance  Ministry of Defence  Ministry of Mines and Petroleum  Ministry of Energy and Water  Ministry of Interior Affairs  Ministry of Agriculture, Irrigation and Livestock  Arazi – Afghanistan Independent Land Authority  Independent Directorate of Local Governance (IDLG)  National Environmental Protection Agency (NEPA)  Afghan Geodesy and Cartography Office  National Security Directorate  Community Representatives 4.4 This committee formed primarily aimed at ensuring better co-ordination and monitoring the progress of project activities, also has been discussing issues related Trans-Hindukush Road Connectivity Project Page | 24 Resettlement Action Plan to acquisition and other project impacts. Participation of community representatives has facilitated discussion on issues and opinions of the community on various aspects of resettlement processes. Regular meetings at monthly interval were conducted and minutes were recorded for due circulation to all the stakeholders. Table 11: Dates of meetings of inter-ministerial committee held at MoPW, Kabul S. Community Dates Total participants No. Representatives 1. 31-12-2013 13 - 2. 15-01-2014 20 7 3. 16-02-2014 11 3 4. 25-03-2014 13 1 5. 29-04-2014 11 2 6. 28-05-2014 11 3 7. 02-07-2014 13 3 8. 10-08-2014 13 5 9. 14-09-2014 11 3 10. 18-10-2014 11 2 11. 19-11-2014 12 2 12. 22-12-2014 10 3 13. 21-01-2015 11 4 14. 24-02-2015 9 2 4.2 Stakeholders Figure 3 : Consultations with Dushi District authorities, Community Members and Elders 4.5 The important stakeholders have been identified and most of these stakeholders have been consulted for the purpose of designing the resettlement processes.  Project Affected Persons: people who stand to lose as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources or important cultural sites, commercial properties, tenancy, income-earning opportunities as well as social and cultural networks and activities. Such impacts may be permanent or temporary. Women members of the affected families were also consulted during the process. Trans-Hindukush Road Connectivity Project Page | 25 Resettlement Action Plan  Ministry of Public Works: At the institutional level, the major direct stakeholder is the Ministry of Public Works which is responsible for development of road infrastructure in the country. The concerned officers in the Ministry of Public Works are the stakeholders as they are involved in consultations with the PAPs as well as other relevant institutions.  Office of Governors of Bamyan and Baghlan: the Office of Governors of Bamyan and Baghlan Provinces are also stakeholders as they are involved in the consultations with the villagers as well as in the resettlement process.  District Governors: are important stakeholders as they will be very closely involved in their entire process of land acquisition and payment of compensation to PAPs.  Ministry of Agriculture, Irrigation and Livestock (MAIL): The land management law of 2008 delegates the authority to administer government and public land to MAIL. Currently ARAZI is responsible for carrying out this mandate for all issues related to government and public land that is not with is the jurisdiction of Municipalities. MAIL and ARAZI are also very important stakeholders in the resettlement process.  Population living in the Zone of Influence (ZoI): are stakeholders as they will benefit due to improved connectivity and infrastructure in the region that will be created by the project. Women members of the families living in the ZoI were also consulted.  Provincial Council Members: are stakeholders as they are closely associated and consulted in the socio economic development of the project area.  Local civil society or community based organizations: constitute the indirect group of stakeholders: The local civil society organizations are important stakeholders as they partner with Government in the social and economic development of the project area. 4.3 Consultation Process 4.6 A multipronged, multilevel consultation process has been adopted under the project. Consultation with women are generally challenging in the current Afghan context, as direct consultations need to be gender segregated for cultural reasons. Women of the project area was consulted at different stages of the project – directly through the Baseline study, later through the survey of PAPs, and indirectly through community leaders at different stages of the consultation process. Framework of the consultation process adopted is described below: Table 12: Multilevel consultation process adopted under the project Level Stage Period Target audience Consultations Trans-Hindukush Road Connectivity Project Page | 26 Resettlement Action Plan Population living Assessment of in ZoI, community baseline 2009-10 & Level 1 : Baseline survey leaders, conditions and during July 2014 Provincial/District preparation for officials. SIA ARAZI, Land survey, Provincial/District identification of Identification of October- officials, Level 2 : PAFs, PAFs November 2014 community title/ownership leaders, likely issues PAPs. Respondent head Socio-economic of families, women conditions of Level 3 : Survey of PAFs January 2015 and children, local PAFs, impacts of businesses, the project community leaders Provincial/District officials, Ascertaining Valuation & committee for valuations of land Level 4 : compensation January 2015 valuation of land and other assets to assessment and assets, PAPs, be acquired community leaders Entitlements, Provincial/District disbursement officials, Finalization of process, February-March committee for Level 5 : resettlement resettlement 2015 valuation of land process solutions, and assets, PAPs, grievance redress community leaders mechanism Land Disbursement Provincial/District acquisition & Yet to be process, claims Level 6 : officials, PAPs, disbursement of conducted and objections, community leaders compensation grievance redress 4.7 All the above consultations were organized to conceive and design resettlement activities that truly reflect the needs, priorities and choices of affected people. The consultations were designed to ensure a meaningful consultation structured as described in the figure below: Figure 4: Principles of Consultation Process followed under Trans-Hindukush Road Connectivity Project Trans-Hindukush Road Connectivity Project Page | 27 Resettlement Action Plan Disclosure of Information Open Consultation Active Participation in Decision Making 4.8 The multilevel consultation approach also informed the general public about project benefits thereby creating an enabling atmosphere; it also resulted in improved participation in the further consultation process at the next stage. The open consultations were facilitated after adequate and transparent disclosure of information, meetings were held in the project area in local mosques and villages along with local leaders and community members. Figure 5 : Consultations with community members, elders by ESM team of PMU, MoPW 4.9 These meetings created the much needed entry point trust for the field teams to be able to start an effective consultation process, the feedback of field level consultations also got reflected in the higher level meetings held at MoPW level frequently. 4.4 Summary of Consultations Level 1 : Baseline Survey Stage The initial rounds of consultation were carried out at the baseline survey stage during the Trans-Hindukush Road Connectivity Project Page | 28 Resettlement Action Plan year 2009-10 as part of the assessment commissioned by USAID, the study team performed a detailed consultation with relevant stakeholders in order to assess the potential direct and indirect impact of the project. During the course of consultation, the team met the following: 1. Governor of Bamyan Province 2. Deputy District Governor of Dushi 3. Villagers in Jangal village in Baghlan 4. Headmaster and Pharmacist at Kalan Guzar 5. Shopkeepers at Kunda Sang village 6. Farmers in the ZOI 7. Drivers and Shopkeepers at Gandak 8. Head of Department, Regional NEPA, Bamyan The Summary of the consultation reflects an overwhelming support and appreciation of the project and everyone believed that the road rehabilitation project will bring huge social and economic benefits to the region. Some of the inhabitants though also raised the issue of resettlement and compensation. After the project approval in principle was received from World Bank and setting up of a social safeguard team at the PMU level, during July 2014, the ESM team at the PMU initiated another process of stakeholders’ consultations which was undertaken in the first segment of the project area. This round of public consultations with potential PAPs, community elders and local officials was conducted with the following key objectives:  To inform public about and discuss the nature and scale of adverse impacts of the project on their livelihoods in a more transparent and direct manner and seek their participation in the project cycle.  To give affected communities a chance to have a say and express their views in the planning and implementation of the project that affects them directly.  Explain to the public about project salient features and compensation mechanisms for loss of their lands, trees and properties  To obtain qualitative as well as quantitative information on viable income generation and livelihood interventions which potential affected persons could engage themselves in order to restore their income and livelihoods in a self- sustaining manner.  To inform local authorities of the impacts and the cut-off date, solicit their views on the project and discuss their share of the responsibility for the smooth functioning of the overall project operations. The consultation team also visited communities and held meetings and interacted with elders, men, youth and women as separate groups. In communities where CDCs and other visible organizations were identified, there was interaction with those groups also. Meeting notices were pasted on walls of the local mosques, public places and people were invited for discussions. Trans-Hindukush Road Connectivity Project Page | 29 Resettlement Action Plan Level 2 : Identification of PAFs Stage Further during October-November 2014, the Environment and Social Management (ESM) team of the PMU conducted a survey along with the Arazi team to identify affected families likely to lose their land due to road construction. Lands were identified and marked using GPS tools based on required width of road from the centerline of the road alignment. The owners of the land based on names provided by the Arazi team were interviewed to collect their socio-economic information and to inform them about the project and prospective land acquisition. A repeat of visit was taken up after two weeks to develop better communication levels and validate the information in consultation with the local community leaders. Some of the affected persons in the initial list of 36 provided by the Arazi could not be interviewed and a third round of visit was made to cover them. During the third round the ESM team realized that the number of affected families were far more than the 36 identified by Arazi team. As a result of this, during this round again land survey was carried out using GPS tools and 61 additional families losing land, houses, shops, walls and other structures were identified. The total list of affected families now is 97. Level 3 : Survey of PAFs Stage During January 2015, a detailed survey of all 97 PAFs was carried out and information was collected on their socio-economic profile and the extent of acquisition of their property is described in this RAP document. These 97 PAFs belong to Bagh Mulla Sha, Char Bagh, Dahane Kayan, Gozar, Kondasang, Konjak, Lokhtoghai, Pule Kondasang, Rubat and Shalezar villages in Dushi district of Baghlan province. At this level the resettlement planning was also initiated at the PMU level and efforts were made to make all the PAFs aware of the planning for resettlement and their views were solicited on the compensation amounts. Information was also collected about the prevailing market rates of land in the area. Measurements of area to be acquired were done in the presence of community representatives and concerned PAPs. Level 4 : Valuation & compensation assessment Stage Ministry of Public Works constituted a committee during January 2015 to assess market rates of land to be acquired for the project at the first segment. This committee having the representatives of various authorities was also provided inputs and views of the community and potential PAFs regarding the land rates for compensation. The rates decided after taking all the views in consideration were finalized during March 2015 and Trans-Hindukush Road Connectivity Project Page | 30 Resettlement Action Plan accordingly the compensation amounts have been calculated in this RAP document. This committee had following members: 1) District Governor, Dushi (Mr. Shamsudin Sarhadi) 2) Finance Representative, Dushi (Mr. Ahmad Shah) 3) Representative of Ministry of Justice (Mr. Ahmad Zai) 4) Directorate of Public Works, Baghlan (Engr. Walid) 5) Representative of ARAZI (Mr. Mohd. Zaman) 6) Representative of Municipality, Dushi (Mr. Abdul Hadi) 7) Community Representatives a. Hazi Abdul Haq b. Mr. Agha Gul c. Mr. Soliaman 8) Representatives of PAFs consulted by the committee Level 5 : Finalization of resettlement process Stage During February-March 2015, Environmental Management Unit also initiated extensive round of consultations at inter-ministerial committee, provincial and district officials, community representatives and other stakeholders to decide on resettlement alternatives and options. Three major issues came up during the deliberations: 1) Possibilities and options available to further minimize land acquisitions and displacement of affected persons 2) Exploring of options with providing alternative sites/lands or cash compensation 3) Land ownership claims in the absence of land titles/ownership documents In the process of consultation at this level, all the stakeholders were informed about the Resettlement Policy Framework customized for this project. This RPF was developed on the lines of a similar document prepared by Ministry of Energy and Water for CASA 1000 project, which also a linear project with similar stage wise implementation. This RAP document is guided by the framework defined in the RPF. Level 6 : Land acquisition & disbursement of compensation Stage A revalidation process to ensure collection of latest data on PAFs, accurate measurement of acquisitions is proposed at the final stage of land acquisition and before settling the claims of compensation of all the PAFs. A clear description of resettlement process and dissemination of summary of Resettlement Action Plan in local language is also suggested at this stage. Following comprehensive public dissemination campaign the final cut-off date was announced as 8th April, 2015. 4.10 Summary of views and expectations of the community and population at large is described below: i. People living in the villages along the proposed road came up with their own expectations from this road improvement project. Majority of them are as under: a. Road will bring faster access to Kabul and other parts of Afghanistan. Trans-Hindukush Road Connectivity Project Page | 31 Resettlement Action Plan b. Better public transport and load carriage facilities will be available after the road is built. c. Significant increase in land prices along the road. d. Better security environment. e. Increase in small enterprises and trade opportunities. f. Improved access to health and medical facilities. g. Improved access to education facilities. h. Improved average price realization for crops/fruits. i. Overall sustainable economic development of the area. j. Improved all season access to other parts of country. k. Improved quality of life for women & children. ii. Similarly the consultations also brought out major issues and concerns of the public at large and specifically some of the potential affected persons a. Many people expressed their reservations about adequate amount of compensation for the loss of cultivable land. Higher market rates were demanded. b. Some people also expressed their concerns about weakened security conditions after withdrawal of international security forces and safety to ensure smooth progress of the project. c. Some of the community members were doubtful about smooth resettlement & compensation payment process due to lack of clear titles and ownership documents. d. Concerns were raised by many people about the possibility of getting employment in the road construction project. e. Lack of clarity on grievance redress systems and how to approach them. f. Some concerns were raised about existing public structures and graves etc. g. People also mentioned that the construction company should be firm on design considerations which have been disclosed to them. h. Concerns were also expressed by persons loosing shops etc. demanding livelihood compensation from the Government. i. People also raised issues of speed control and road safety issues. j. Drainages, culverts, road crossings and road side shelters were also demanded by some of the community members. 4.11 This RAP document recommends action on people’s perceptions, suggestions from participants from these consultations and the mitigation measures of all identified potential negative impacts. An effective implementation of RAP will also maximize the positive impacts of this road investment. Trans-Hindukush Road Connectivity Project Page | 32 Resettlement Action Plan 5 Institutional framework for implementation of RAP 5.1 An extensive description of institutional arrangement for overseeing implementation of environment and social safeguards has been proposed in the ESIA report. RAP implementation will be ensured by the ESMU, proposed to be formed under the PMU of MoPW for this project. Figure below describes the ESMU setup. Figure 6: RAP implementation by ESMU under PMU PMU Manager ESMU Implementing NGO Social Safeguards Environment Safeguard Officer Specialist Safeguard Specialist (Female) Provincial ESM Provincial ESM Officers (2) Officers (2) Civil Servants IC-UNOPS 5.1 Project Management Unit (PMU) 5.2 The PMU under MoPW already exists with some administrative staff and a ESM team. Complete responsibility of ensuring implementation of the RAP will rest with the PMU of Trans-Hindukush Road Connectivity Project at MoPW. The PMU, managed by the executive director will be assisted by an Environment and Social Management Unit (ESMU), headed by a Manager, ESMU with specific task as described further herein, will be outsourced to a partner implementing NGO. Primary responsibility of PMU will be to ensure smooth land acquisition, resettlement process and disbursement of compensation amounts. The PMU, in addition to the roles prescribed at the time of its formation will now also be entrusted with the following responsibilities:  Co-ordination with all Ministries, provincial and district offices for implementation of RAP  Facilitate a fair and transparent process of disbursement of compensation amounts to all the eligible affected persons.  Monitor and supervise roles and functions delegated to ESMU and implementing NGO. Trans-Hindukush Road Connectivity Project Page | 33 Resettlement Action Plan  Capacity building of PMU, ESMU staff and other stakeholders.  Overall monitoring of RAP implementation and ensuring compliance of all social safeguards in co-ordination with contractors.  Post project impact assessment  Effective dissemination of RAP document 5.2 Environment and Social Management Unit (ESMU) 5.3 As the name suggests the role prescribed for ESMU is management of all environment and social safeguards provided for in the ESMP. The ESMU will also be responsible for implementation of the RAP. Headed by a dedicated manager having extensive experience of managing social and environment safeguards, preferably a national, the ESMU will be immediately formed as soon as the RAP document is approved. ESMU will be responsible for the following:  Conduct of socio-economic survey of potential PAFs for the next segments on a similar approach like the first Segment.  Stakeholder consultations for the next segments.  Stakeholder consultations at Level 6 described at the previous chapter for the first Segment and the next segments.  Development of RAPs for the next segments, guided by the principles of RPF.  Monitoring of the roles assigned to the implementing NGO.  Ensure implementation of gender considerations  Development and management of a MIS for information on PAFs.  Monitoring the implementation of RAP.  Public disclosure of all resettlement activities under the project. 5.3 Implementing NGO 5.4 Selected and contracted through a transparent, competitive process, the implementing NGO must be a non-profit organization; be legally registered as an NGO in Afghanistan; have operated for at least 3 years; have a minimum of five paid staff; be committed to the principles of gender equality in terms of its own staffing; have a management or advisory board; maintain a proper accounting and financial system; have a long term presence and credibility in districts relevant to the project area; have work with government agencies; and must be willing to undergo training in resettlement work for project implementation. 5.5 The specific tasks of the implementing NGO will be as follows: 1) Work under close coordination with the ESMU, local government units and MoPW local staff to assist in the implementation of RAP. 2) Assist the ESMU in dissemination of the RAP and other resettlement related information. Trans-Hindukush Road Connectivity Project Page | 34 Resettlement Action Plan 3) Generate awareness about livelihood restoration activities and assist the PAPs to make informed choices including participating in government development programmes. 4) Identify training needs of PAPs for income generation activities and provide/conduct such trainings. 5) Provide counselling and awareness generation to resolve RAP related grievances and assist in seeking redress to unresolved grievances from land acquisition and resettlement disputes with the Grievance Redress Committee. 6) Assist the PAPs in claims for just compensation including the collection of timely and complete payments. 7) Submit periodic implementation reports on RAP to the ESMU. 8) Conduct and/or undertake any other activities that may be required in the successful implementation of the RAP. 5.4 Local Government(s) 5.6 The cooperation and coordination of the local government units (LGUs) are vital in RAP implementation. These are the Provincial government, District government, villages and local community Shuras. Issues relating from land records and ownership and assets valuation originate from this level and will only be taken to the Council of Ministers if these issues are not resolved locally. The provincial government, in cases of disputes on valuation of land will constitute a land valuation committee to determine the disputes on rates. 5.7 In cases of disputes regarding land ownership, land records goes through 3 offices at district level, (1) District administrator, (2) Revenue collector (Mustowfiet) and (3) the District Court. These offices have the jurisdiction on any matters related with land acquisition and verification of land entitlements. Staff of the Revenue Department (Mustowfiet), with the local municipality will carry out the tasks of identifying the titles and verification of ownership. The Office of Wloswal (the appointed District head) is expected to play a coordinating role. 5.5 Capacity Building 5.8 The PMU will ensure that need based training and capacity building programs are organized for the PMU and ESMU staff. Basic orientation and sensitization of provincial and district officials on resettlement issues will also be provided by the PMU. The RAP also provides for training on livelihood restoration and capacity building of PAPs based on their needs, this is to be conducted by the implementing NGO after assessing the capacity and training needs of the NGO staff, provisions for training of NGO staff should also be made. Trans-Hindukush Road Connectivity Project Page | 35 Resettlement Action Plan 6 RAP implementation mechanism and Schedule 6.1 In order to ensure smooth and timely implementation of the project, it is necessary that resettlement processes are completed in time and order, as prescribed in this document. Following activities will have to be initiated and completed in the timeframe suggested below: Table 13: RAP implementation Schedule S. No. Activities Timeframe 1. Finalization and validation of PAFs 15th May 2015 list 2. Proactive disclosure of RAP 15th August 2015 3. MIS of RAP 15th September 2015 4. Disbursement of compensation 15th June 2016 6.1 Finalization and validation of PAFs list 6.2 Despite of a multipronged approach adopted for identification of PAFs and collecting their relevant information, a final validation process to review the data collected during the PAF survey will be taken up. As also mentioned above, Level 6 consultation describing the entitlements, process of claiming compensation and grievance redress procedures, will also be taken up with the PAFs. By this time, the project design team should finalize the changes in design (if any) and freeze the land acquisition requirements. Any corrections in the PAFs list and their compensation amounts should be incorporated and this activity will have to be completed by 15th May, 2015. 6.2 Proactive disclosure of RAP 6.3 A proactive approach should be adopted to disseminate the RAP and entitlements framework. The awareness generation efforts should ensure flow of information up to the most vulnerable groups like women headed households, physically challenged and absentee PAPs. Focus group discussions and public meetings with community should be conducted to ensure sufficient information flow on all aspect of the resettlement processes. Summary of RAP, translated in local languages (Dari & Pashto) should be circulated and the complete RAP document should be uploaded on MoPW website. This activity shall be completed by 15th August 2015 6.3 MIS of RAP 6.4 An active database will be prepared to assess individual entitlements including basic socio-economic information of each PAF. A primary database is already developed and needs to be further expanded to incorporate calculations of compensation amounts. This will be completed by 15th September 2015 Trans-Hindukush Road Connectivity Project Page | 36 Resettlement Action Plan 6.4 Disbursement of compensation 6.5 Based on the final verification of PAFs, each of them will be given a unique identification code and an entitlement certificate will be issued to them by the PMU. The certificate will be as per the following format provided below: Figure 7: Format of PAF Entitlement Certificate Trans-Hindukush Road Connectivity Project (Segment 1) Unique ID Project Affected Family-Compensation Entitlement Certificate Name of Head of Family Village/CDC District Province Photograph Age Sex Occupation Acquisition and Compensation for Land S. Type of Land Area (In Sq. Mtrs.) Amount (In AFN) No. 1. Homestead Land 2. Orchard Land Non-Orchard 3. Agriculture Land 4. Other Land Sub Total (A) Acquisition and Compensation for Structures S. Type of Structure Area (In Sq. Mtrs.) Amount (In AFN) No. Residential 1. Buildings 2. Shop 3. Wall Other 4. Structures/Buildings Sub Total (B) Total (A+B) Signature of Signature of Head of Surveyor, Family PMU, MoPW 6.6 Every PAF will be issued a certificate prior to acquisition/taking over of his/her assets. This process is to be completed by 15th June 2016. 6.7 The PAPs will each receive a cheque for the whole amount of compensation from the PMU. The PAP will sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the PAP receiving Trans-Hindukush Road Connectivity Project Page | 37 Resettlement Action Plan the cheque as part of project documentation. The PAP will cash the cheque by presenting their national identification card (NIC) and/or election registration card to the bank. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC. PAPs will be encouraged to open a bank account in any bank and only carry necessary money to their respective villages to avoid unnecessary exposure to those who might wish illegally or with force to relieve them of their cash. The benefits of having a savings account will be part of the information to be provided by the Implementing NGO. 6.5 Gender issues 6.8 It is appropriate to draw special attention to gender issues within the context of project implementation. Discussions with women in villages visited as part of the Social Safeguards requirements’ review confirmed that they have important, although varying, roles in agriculture which is the main activity which will be encountered during the project implementation. Factors such as absence of male family members from the village, ethnicity and local cultural norms all affect women’s role in agriculture. 6.9 Using established community structures to involve women meaningfully in the projects will be a challenge and will need to be approached with renewed effort and imagination. Working with women can be done only with female staff. Women’s CDCs should be explored as a possible vehicle for increasing women’s participation in projects and especially in implementing the RAP. 6.10 In the Trans-Hindukush Road Connectivity Project, special attention will be paid to female-headed households, both those with and without land, as they are generally amongst the most vulnerable in communities and risk having their rights ignored. Although women’s ownership of land is not widespread it is important to ensure that their land rights receive equal recognition in the project and in any resettlement activities. Thus, the ESMU within the PMU will have special responsibility to  Ensure that MoPW uses women CDCs to enhance outreach to women.  Revisit incentives in order to attract women to work in RAP implementation and in other capacities at regional level.  Ensure implementing NGO has female project officers  A female safeguard officer will be employed at the ESMU Trans-Hindukush Road Connectivity Project Page | 38 Resettlement Action Plan 7 Resettlement Action Plan & Mitigation measures 7.1 The project implementation is expected to have significant impact on agriculture land, housing settlements in the villages and other structures or buildings, both public and private. Land clearance for the project will require acquisitions and demolition of houses, shops, walls and other structures on the right of way of the road alignment. This chapter discusses the potential impact, efforts to avoid them and mechanisms to ensure a fair and just compensation to all the affected persons under this project. 7.2 As discussed in the previous chapters, during the social impact assessment and consultations conducted, various options in terms of design alternatives and impact mitigation measures were explored and the most suitable and feasible options have been adopted in developing this Resettlement Action Plan. All the options discussed and finalized were considered with due diligence to ensure compliance of local laws and principles of World Bank’s resettlement policy. The project design has been finalized only up to the first Segment so far and the PAFs have been identified after multiple identification visits and surveys. Wherever feasible, the views and considerations of the community at large and affected persons in particular have been incorporated in developing this Resettlement Action Plan. 7.3 Principles of the framework adopted for developing this Resettlement Action Plan are discussed below: 7.1 Avoiding acquisition to be extent possible 7.4 The OP 4.12 requires avoidance of land acquisition, if possible. Land acquisition and resettlement should not be seen as the easy first option; rather it should be seen as a truly last resort. 7.5 In order to meet this objective, an exhaustive social and environmental impact assessment has been undertaken to assess alternatives to avoid acquisition and the financial implications to it. The assessment by the ESIA and followed up consultations with all important stakeholders concluded that after incorporating all possible design alternatives, this road project which primarily is a rehabilitation of an existing road, the limited amount of acquisition and resultant impacts are unavoidable. 7.6 Summary of the assessment and consultations bring out the following justifications, which can be accepted to illustrate that this amount of displacement is truly a last resort. 1) An independent impact assessment justifies the general welfare value of this very important road rehabilitation project and notwithstanding the most commonly known positive impacts of improved road connectivity, the peculiar circumstances of Afghanistan make the justification for this road project standout on any principle of estimating ‘welfare threshold’. Trans-Hindukush Road Connectivity Project Page | 39 Resettlement Action Plan 2) Consultations with Policy makers at various levels, population residing in the zone of influence and affected persons including marginalized sections of the society were conducted in a fair and transparent manner. The emphatic view of all of them was towards the positive impacts and public value of the project as compared to the degree of risk of harms to the affected persons. 3) There is no direct private benefit or stake involved in development of this road project and the extensive consultation process clearly substantiates the need of this project for better security conditions and economic improvements of the local population. 4) A transparent and participatory process of exploring alternative viable design options was exercised and wherever feasible, the same were incorporated. 5) ‘No project option’ was also discussed with all the stakeholders and was overwhelmingly discarded. 6) This resettlement policy incorporates free, transparent, prior and informed negotiations with all the affected persons and a ‘just’ compensation amount for each of them has been estimated. 7) In line with the basic principle of human rights and in accordance with the spirit of supreme national interest, there was no doubt whatsoever about the need of this project and therefore the unavoidable adverse impacts were required to be accepted but with a true and fair resettlement process to mitigate the effects of such impacts. 7.2 Cut-off date 7.7 For the purpose of establishing eligibility under this RAP the cut-off date for the first Segment of this project is decided as 8th April 2015. The number of PAPs and their compensation based on ownership of land, customary rights, houses and other immovable assets were finally determined as on this date. No transfer of ownership, changes and additions in structures built therein will be entitled for any compensation after this date. The date and its implications was informed to the population living in the area including all affected persons through public announcements and notices posted on community buildings and government offices. 7.3 Relocation and Resettlement alternatives 7.8 Keeping the spirit and principles of national legislations and World Bank’s policy the resettlement alternatives were explored during the consultation process. The following issues justify the selection of final alternatives adopted in this resettlement plan.  Option of relocation at a resettlement site for potential PAFs losing houses was also discussed during the consultations. It was concluded that for a reasonably low number of PAPs eligible for such resettlement, it will not be economically wise to develop a resettlement site with necessary civic infrastructure and community services. Afghanistan being a war torn country and still very under developed lacks these facilities even in its major towns. In the absence of such facilities provided, if a resettlement site will be offered, will lead to many Trans-Hindukush Road Connectivity Project Page | 40 Resettlement Action Plan questions on fundamental components of the right to an adequate standard of living provided by the Government.  Majority of the stakeholders therefore suggested a fair and ‘just’ component of cash compensation ascertained at market rates for enabling the PAFs to relocate their residences at a site of their choice, according to their convenience and preferences. The compensation of losses will be made without deducting depreciation and salvage value in case of structures and other immovable assets.  Payment of allowances to compensate for transitional period in case of livelihood relocation was also considered. Moving a step beyond compensation, it has been decided to adopt a new paradigm of resettlement action, where through this project, enabling initiatives should be taken up to not only help in developing livelihoods but also improve them. The coverage will be expanded to not only the affected persons but any willing person living in the project area. The priority however will be for affected persons and efforts will be made to inform, educate and communicate to them for their participation. Capacity building and training on livelihood options, carefully selected and professionally designed will go a long way much beyond ‘just’ the restoration of their livelihoods to an improved livelihood. 7.4 Continued Consultations 7.9 The RAP entails a continued consultation with not only the PAPs but also the other governmental and non-governmental stakeholders. An effective and systematic dissemination of RAP has been provided and the issues raised grievance redress mechanism will also be used as inputs for better resettlement planning in the future RAPs in this project and other such projects in the country. 7.5 Rebuilding and improvement of community infrastructure 7.10 It is necessary that all community owned facilities affected by the project implementation and any intervention resulting in restricting access to common property resources will be rebuilt, improved and or alternatives provided. The proposed project will require very minimal interventions like this in the first segment about five graves and a small micro hydro power project will have to be relocated. Provisions for cost of these works have been made in the ESMP. 7.6 Assistance to vulnerable groups 7.11 Added efforts have been made to ensure incorporating the special needs of vulnerable sections of the society like physically challenged, elderly persons and women headed households those who are like to get affected by the project. Prioritizing their needs in accessing the resettlement solutions will also be provided for. 7.7 Eligibility for compensation Trans-Hindukush Road Connectivity Project Page | 41 Resettlement Action Plan 7.7.1 General eligibility 7.12 General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project as of the formally recognized cut-off date will be considered as project affected persons (PAPs)�. 7.13 Although it is unlikely that many PAPs will be entitled to compensation or rehabilitation on the grounds that they are losing a substantial amount of land under the project, it is as well to set out the full picture on who PAPs are and what they are entitled to under a project: (i) All PAPs losing land with or without title, formal land-use rights or traditional land use rights; (ii) Owners of buildings, crops, plants, or other objects attached to the land; and (iii) PAPs losing business, income, and salaries. 7.14 Compensation eligibility will be limited by the cut-off date. As mentioned previously, PMU will inform local communities regarding this cut-off date through the relevant local government agencies and other mechanisms. Those that settle after the cut-off date however will be given sufficient advance notice to vacate premises/dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions. 7.7.2 Land Tenure and Compensation Entitlements 7.15 The largest number of PAPs in the case of Trans-Hindukush Road Connectivity Project will be those who will lose a part or whole of their land. The following categories of the PAPs will be entitled for compensation for loss of land: 1. Legal Title Owners: Owners having written evidences of land ownership under the formal system of property rights like different kinds of deeds or legal documents with copies in the Court Registries or any other official documentation issued by or on behalf government, establishing their right as an owner of the land in question. 2. Titles with Customary documents: Owners having documents recognised by both official and customary law as giving rise to ownership rights. 3. Occupiers of Land for a long period: Persons who with oral and other evidence with probative value can prove that they or their family have been in occupation of the land for at least 35 years. Trans-Hindukush Road Connectivity Project Page | 42 Resettlement Action Plan 4. Other Occupants of land: Limited to only those persons who have had open, continuous and interrupted possession of land over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. The following categories of the Persons will NOT be entitled for compensation for loss of land: 1. Other occupants of lands or Squatters: Persons outside of the classifications of legal ownership and occupancy or possession mentioned above, will not be entitled for compensation for the lands that they occupy, but will be compensated for the permanent improvements or structures they may have introduced or built in the affected lands before the cut-off date. 2. Encroachers: “Persons who extend their property beyond that for which they hold a title are encroachers and would not be eligible for compensation for land for which they do not possess a title�. 7.7.3 Entitlements to Compensation & Livelihood Restoration 7.16 The PAPs in the project are entitled to various types of compensation and resettlement assistance that will assist in the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All PAPs are equally eligible for cash compensation and rehabilitation assistance (albeit with differences in entitlements), irrespective of their land ownership status, to ensure that those affected by the project shall be at least as well off, if not better off, than they would have been without the project. The compensation package reflects replacement costs for all losses (such as land, crops, trees, structures, etc.) as detailed below: 1. Loss of Agricultural land: Compensation at replacement value of land in cash based on current market rates after due consultation was ascertained by a committee described at Chapter 4. The committee considered the following inputs and views of the members to conclude on the rates of compensation for land.  Current market rates quoted by local community members  Appraising recent sales and transfers of similar type of land in the nearby area within the district.  Agriculture productivity rate for land based on market rate values of 20 years yield Considering the above factors, the committee established the following rates of compensation payable for the orchard land and non-orchard land. a) Orchard land, which include various types of standing fruitful trees (Mulberry, Apricots, Peach and Almond) -AFN 530,000 per Jerib. Trans-Hindukush Road Connectivity Project Page | 43 Resettlement Action Plan Compensation for the affected trees is based on the prevailing market price and was agreed in consultation with PAFs. b) Non-orchard Agriculture and residential land land -AFN 450,000 per Jerib. The price of residential land per sq. m is AFN 225. 2. Severe Agricultural Land Impacts: In case of a PAP losing more than 10% of his/her total agricultural landholding, PAPs (owners and other occupiers defined as eligible herein), in addition to the compensation explained above, will be entitled to get an additional amount for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Also, these PAPs will be having access to the capacity building and training program on a priority basis for development of an alternative sustainable livelihood. PAPs list along with their total land, land to be acquired and percentages are provided at Annexure E. 3. Loss of Residential/commercial land: These impacts will be compensated at replacement value in cash at current market rates, similarly established by the committee mentioned before. The committee decided on the rate for such land as under: a) Any other land including used for residential/commercial purposes-AFN 225 per square meter 4. Loss & damages to Houses, buildings, structures: These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. An estimation of replacement cost has been done by the valuation committee as under: a) Structures like residential rooms, shops, other buildings and structures with roof-AFN 550 per square meter of built up area b) Boundary wall-AFN 512 per meter in length 5. Income from crops losses: In case of a land being acquired with standing crops, the owner will be allowed to harvest the crop within the period till such time the road construction activity is not affected. In case of an urgent need and if the crop is being lost due to the construction related activity, the affected person will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. 6. Tree losses: Ascertainment of compensation of loss of trees was also attempted however conflicting information was reported by various persons in terms of age, size of trees, weight of wood and yield of fruit bearing trees. It was also reported that some potential PAFs realizing the probability of land acquisition, cut their trees and would now lose on compensation if trees were to be counted for compensation. The committee therefore suggested two land rates as described at 1) above to cover for the losses of trees. 7. Business losses: In the absence of any substantial and verifiable system to calculate incomes of such small businesses in the rural areas of Afghanistan, the compensation for business losses cannot be ascertained. However these businesses Trans-Hindukush Road Connectivity Project Page | 44 Resettlement Action Plan will be entitled to compensation for any loss of asset similar to as described above, such affected persons or members of their families will also be entitled to avail the capacity building and training opportunities made available to the others PAPs as mentioned at 2 above. Shop owners losing their shops will be entitled to preferential allotment of shops in the proposed shopping arcades to be constructed on the road side. The cost for developing/construction of these shopping arcades has been incorporated in the budget provided in the ESIA. 8. Income losses for workers and employees: Such affected persons will also be entitled for the capacity building & training opportunities on a priority basis. These PAPs shall also be given priority in employment in project related activities. 9. House owners: House owners/renters who are forced to relocate their houses will be provided with a lump sum relocation allowance of AFN 15,000 per resident PAF to cover for their relocation expenses for moving to an alternative accommodation. This is in addition to their entitlement for compensation in lieu of loss of land and building as described above. 10. Community Structures and Public Utilities: Will be fully replaced or rehabilitated so as to satisfy their pre-project functions. 11. Vulnerable Households: Vulnerable people like women household heads, mentally/physically challenged will be given priority in support and rehabilitation for suitable employment opportunities in project related activities. 12. Impacts on irrigation canals: Project will ensure that any irrigation channels are diverted and rehabilitated to previous standards. 7.7.4 Entitlement Matrix 7.17 The entitlement matrix to address impacts and define entitlements has been developed and is provided below Compensation/ Type of Loss Eligibility Responsibility Assistance Cash compensation @ AFN 530,000 PAFs losing their per Jerib for agriculture land Orchard/Standing PMU/ District (Orchard and Loss of Agriculture land fruitful trees land Governor, Standing tress and/or AFN 450,000 per Dushi Non Orchard or Jerib for Non unplanted land) Orchard land is payable to them Loss of Residential PAFs losing their Cash compensation PMU/ District Trans-Hindukush Road Connectivity Project Page | 45 Resettlement Action Plan Compensation/ Type of Loss Eligibility Responsibility Assistance Structure house structures/ @ AFN 550 per Sq. Governor, Buildings Mtr. of built-up Dushi area is payable to them. PAFs losing their homestead land where their houses Cash compensation are built, and other @ AFN 225 per Sq. PMU/ District Loss of homestead land land on the Mtr. of built-up Governor, homestead plot area is payable to Dushi having cattle yards, them. kitchen garden and for other uses Cash compensation PAFs losing their @ AFN 550 per Sq. PMU/ District Loss of other structures shops and other Mtr. of built-up Governor, building/ structures area is payable to Dushi them. Cash compensation PMU/ District PAFs losing their @ AFN 512 per Loss of boundary walls Governor, boundary walls Mtr. of wall length Dushi is payable to them. PAFs losing their A relocation PMU/ District Expenses on relocation, house structures/ allowance of AFN Governor, shifting of residence Buildings and will 10,000 per family is Dushi require relocation also payable In addition to compensation for loss of land, these PAPs will be PAPs losing more entitled for an than 10% of their Loss of income and additional total agricultural PMU/ District livelihood due to severe allowance of AFN land holding and are Governor, agricultural land 12.5 per sqm of the vulnerable to loss of Dushi impacts land lost. Also these income and PAPs will be livelihood provided training and capacity building support and priority Loss of income and PAPs losing their These PAPs will be PMU/ District Trans-Hindukush Road Connectivity Project Page | 46 Resettlement Action Plan Compensation/ Type of Loss Eligibility Responsibility Assistance wages shops and other provided Governor, sources of livelihood preferential Dushi/ allotment of shops implementing at the shopping NGO arcades to be developed on the highway. These shops will be allotted to them on subsidised rentals. Not anticipated impacts, will be PMU/ District Any other loss not Owners compensated at Governor, identified market/replacement Dushi value 7.18 Table below summarizes the type of loss and number of PAFs affected by them Type of Loss No. of PAFs 34 PAFs are losing their agriculture land, out of them 7 PAFs are losing both Orchard and Non Loss of Agriculture land Orchard land. 26 PAFs are losing only Non Orchard land and 1 PAF is losing only Orchard land. 27 PAFs are losing their house structures/ Loss of Residential Structure Buildings 38 PAFs are losing their homestead land where their houses are built, and other land on the Loss of homestead land homestead plot having cattle yards, kitchen garden and for other uses 39 PAFs are losing their shops and 12 PAFs are Loss of other structures also losing other building/ structures Loss of boundary walls 28 PAFs are losing their boundary walls Expenses on relocation, shifting of 27 PAFs are losing their house structures/ residence Buildings will require relocation 14 PAPs are losing more than 10% of their total Loss of income and livelihood due agricultural land holding and are vulnerable to loss to severe agricultural land impacts of income and livelihood Trans-Hindukush Road Connectivity Project Page | 47 Resettlement Action Plan Type of Loss No. of PAFs In addition to the PAPs losing their agriculture Loss of income and wages land, 39 PAPs are also losing their shops 8 RAP Budget 8.1 Based on the entitlements and rates established in the previous Chapter, the final compensation values for the losses to affected persons at Segment 1 of the road project are as under: Table 14: Compensation estimates for Segment 1, Trans-Hindukush Road Connectivity Project Compensation Amount (In AFN) S. No. Type of Loss Loss of Loss of Total Land Structures 1. Agriculture Land (Orchard) 1,327,650 - 1,327,650 2. Agriculture Land (Non-Orchard) 4,023,338 - 4,023,338 Other homestead Land (Yard-for- 3. 660,375 - 660,375 cattle) Other homestead Land (Kitchen 4. 50,625 - 50,625 Garden) 5. Other homestead Land (Other uses) 139,032 - 139,032 6. Residential 614,475 1,502,050 2,116,525 7. Shops 442,351 1,081,300 1,523,650 8. Walls - 1,384,448 1,384,448 9. Other Buildings/Structures 168,525 411,950 580,475 Total 7,426,371 4,379,748 11,806,119 8.2 In addition to the cash component payable for loss of assets to the affected persons, the Government of Afghanistan will also be making further contribution of amounts as described below: a. Relocation allowance to 27 PAFs losing their houses @ AFN 15,000 per family – Total AFN 405,000 b. Allowance for severe land impacts to 14 PAFs losing more than 10% of their total land holding – Total AFN 140,463 c. Budget for training and capacity building of PAPs and others for improved livelihoods –Total AFN 500,000 8.3 Description of compensation amounts payable to each of the identified PAFs is provided at table below Trans-Hindukush Road Connectivity Project Page | 48 Resettlement Action Plan Allowan S. ce for Relocation No CDC/Village PAP Name Land Structure severe Total allowance . land impacts Bagh Mulla Muhammad 1 299,700 83,824 0 15,000 398,524 Sha Rahim Bagh Mulla 2 Shah Nazar 228,600 60,500 0 0 289,100 Sha Bagh Mulla Muhammad 3 432,666 108,440 17,550 15,000 556,106 Sha Aman Bagh Mulla Muhammad 4 130,139 172,330 0 15,000 317,469 Sha Kareem bagh 5 Sulaiman 267,243 181,340 0 15,000 463,583 mulla sha Bagh Mulla 6 Del Agha 76,275 164,650 0 15,000 255,925 Sha Bagh Mulla 7 Moneer 47,588 60,080 0 15,000 122,668 Sha Bagh Mulla Ghulam 8 246,725 0 0 0 246,725 Sha Hazrat Bagh Mulla 9 Abdul Hakim 195,750 0 10,875 0 206,625 Sha Bagh Mulla 10 Haji Dawood 202,500 0 0 0 202,500 Sha Bagh Mulla Haji Abdul 11 684,630 0 34,675 0 719,305 Sha Saboor Bagh Mulla Abdul 12 155,700 0 8,650 0 155,700 Sha Rahman Bagh Mulla 13 Gul Ahmad 287,805 0 0 0 287,805 Sha Bagh Mulla 14 Ziawudin 164,700 0 9,150 0 164,700 Sha Bagh Mulla 15 Faiz Rahman 84,150 0 0 0 84,150 Sha Bagh Mulla Muhammad 16 144,000 0 8,000 0 144,000 Sha Jan Bagh Mulla 17 Mula Mezrab 218,250 0 12,125 0 230,375 Sha Bagh Mulla Muhammad 18 240,750 0 0 0 240,750 Sha Yaqoub Bagh Mulla Ghulam 19 207,000 0 0 0 207,000 Sha Qader Bagh Mulla Haji 20 101,250 0 0 0 101,250 Sha Atiqullah Said Shah 21 Gozar 102,600 0 5,700 0 108,300 Mir Kho 22 Gozar Adul Ahmad 7,200 0 0 0 7,200 Trans-Hindukush Road Connectivity Project Page | 49 Resettlement Action Plan Allowan S. ce for Relocation No CDC/Village PAP Name Land Structure severe Total allowance . land impacts Muhammad 23 Konjak 168,750 0 9,375 0 178,125 Easa Muhammad 24 Konjak 286,200 0 0 0 286,200 Azam Ghulam 25 Konjak 174,150 0 9,675 0 174,150 Sakhi 26 Kondasang Zekria 50,400 0 2,800 0 50,400 27 Kondasang Waisudin 45,675 0 2,538 0 45,675 Pole 28 Abdul Satar 121,500 0 6,750 0 121,500 Kondasang Pole 29 Gulabudin 84,375 0 0 0 84,375 Kondasang 30 Kondasang Muhayudin 24,300 0 0 0 24,300 Ghulam 31 Kondasang 10,575 0 0 0 10,575 Sakhi Muhammad 32 Kondasang 14,175 0 0 0 14,175 Ibrahim 33 Konjak Abdul Ghafar 48,600 0 0 0 48,600 34 Kondasang Noorullah 46,800 0 0 0 46,800 35 Kondasang Serajudin 46,800 0 2,600 0 46,800 Haji Abdul 36 Kondasang 162,000 0 0 0 162,000 Rahim Bagh Mulla Ghulam 37 31,725 49,784 0 15,000 96,509 Sha Dastgir Bagh Mulla 38 Najibullah 8,100 30,040 0 15,000 53,140 Sha Bagh Mulla Ghulam 39 86,400 115,380 0 15,000 216,780 Sha Rabani Bagh Mulla 40 Haji Jamil 45,000 0 0 0 45,000 Sha Bagh Haji Merza 41 5,400 0 0 0 5,400 mulla sha Mir 42 Konjak Rahmatullah 31,500 95,580 0 15,000 142,080 Hazi 43 Konjak Muhammad 50,625 170,680 0 15,000 236,305 Jan Baz 44 Konjak 0 40,960 0 0 40,960 Mohammad 45 Konjak Abdul Mobin 0 26,112 0 0 26,112 46 Konjak Hayatullah 40,500 140,640 0 15,000 196,140 Haji 47 Konjak Mohammad 54,675 154,180 0 15,000 223,855 Khan Trans-Hindukush Road Connectivity Project Page | 50 Resettlement Action Plan Allowan S. ce for Relocation No CDC/Village PAP Name Land Structure severe Total allowance . land impacts Abdul 48 Konjak 23,400 73,960 0 15,000 112,360 Qayoum Said Mir 49 Konjak 49,950 105,820 0 15,000 170,770 Khan Abdul 50 Konjak 52,650 154,180 0 15,000 221,830 Rahman 51 Kondasang Hayatullah 24,300 125,960 0 15,000 165,260 52 Kondasang Nasrudin 59,400 158,560 0 15,000 232,960 53 Kondasang Shamsudin 95,400 135,520 0 15,000 245,920 54 Kondasang Abdul Ghafar 25,650 9,900 0 0 35,550 Ghulam 55 Kondasang 43,200 14,850 0 0 58,050 Muhayudin 56 Kondasang Abdul Wahed 34,875 41,250 0 0 76,125 Muhammad 57 Kondasang 45,900 33,000 0 0 78,900 Morad Pule 58 Abdul Satar 80,100 189,968 0 15,000 285,068 Kondasang Pule 59 Abdul Hai 8,100 19,800 0 0 27,900 Kondasang Pule Ghulam 60 32,400 79,200 0 0 111,600 Kondasang Haidar Pule 61 Merza Nazar 26,325 64,350 0 0 90,675 Kondasang 62 CharBagh Abdullah 6,750 16,500 0 0 23,250 63 CharBagh Nematullah 4,050 9,900 0 0 13,950 64 Rubat Amrudeen 10,800 19,250 0 0 30,050 65 Rubat Amrudin 7,875 19,250 0 0 27,125 66 Rubat Najman 4,500 11,000 0 0 15,500 67 Rubat Abdul Nazar 5,400 13,200 0 0 18,600 68 Rubat Khoda Dad 5,400 13,200 0 0 18,600 69 Rubat Ali Dad 13,500 33,000 0 0 46,500 Dahane 70 Noor Big 3,600 8,800 0 0 12,400 Kayan Dahane Mula Ala 71 4,500 11,000 0 0 15,500 Kayan Nazar Dahane 72 Ebrahim 5,400 13,200 0 0 18,600 Kayan Dahane Khosh 73 16,200 57,120 0 15,000 88,320 Kayan Ahmad Muhammad 74 Rubat 46,800 162,640 0 15,000 224,440 Dad Dahane 75 Mir Ahmad 18,000 57,880 0 15,000 90,880 Kayan Trans-Hindukush Road Connectivity Project Page | 51 Resettlement Action Plan Allowan S. ce for Relocation No CDC/Village PAP Name Land Structure severe Total allowance . land impacts Dahane 76 Amrullah 6,075 30,210 0 15,000 51,285 Kayan Dahane 77 Ali Madad 2,700 6,600 0 0 9,300 Kayan Dahane Khadem 78 22,500 55,000 0 0 77,500 Kayan Hossain Dahane 79 Jan Ali 8,100 19,800 0 0 27,900 Kayan Dahane 80 Khairudin 4,500 11,000 0 0 15,500 Kayan Dahane 81 Said Morad 4,500 11,000 0 0 15,500 Kayan Dahane Ghulam 82 28,350 0 0 0 28,350 Kayan Haidar Dahane 83 Paiwand Ali 5,400 13,200 0 0 18,600 Kayan 84 Lokhtoghai Ekramudin 13,500 33,000 0 0 46,500 Ghulam 85 Lokhtoghai 28,350 0 0 0 28,350 Haidar Dad 86 Lokhtoghai 42,075 22,000 0 0 64,075 Muhammad Dad 87 Lokhtoghai 22,050 53,900 0 0 75,950 Muhammad Qari 88 Lokhtoghai 6,300 15,400 0 0 21,700 Abdullah 89 Lokhtoghai Said Morad 7,875 19,250 0 0 27,125 90 Lokhtoghai Abdul Khaleq 16,875 41,250 0 0 58,125 91 Lokhtoghai Niaz Ali 13,500 97,000 0 15,000 125,500 Muhammad 92 Lokhtoghai 41,625 177,410 0 15,000 234,035 Naser 93 Lokhtoghai Merza Nazar 43,200 0 0 0 43,200 94 Lokhtoghai Abdul Aziz 22,500 55,000 0 0 77,500 95 Lokhtoghai Joma Khan 4,500 11,000 0 0 15,500 Haji Ahmad and his 96 Shalezar 109,575 267,850 0 15,000 392,425 Brother's partners 97 Shalezar Khoshamad 54,450 133,100 0 0 187,550 7,426,37 12,351,5 4,379,748 140,463 4,05,000 1 82 Trans-Hindukush Road Connectivity Project Page | 52 Resettlement Action Plan 8.4 Total Budget Estimate for RAP is AFN 12,851,582 as per details summarized at table below Component Amount (In AFN) Compensation for loss of Land 7,426,371 Compensation for loss of Structures 4,379,748 Allowance for severe land impacts 140,463 Relocation allowance 405,000 Budget for Implementing NGO 500,000 Total 12,851,582 Trans-Hindukush Road Connectivity Project Page | 53 Resettlement Action Plan 9 Grievance Redress Mechanism 9.1 The best efforts made in designing the resettlement plan were aimed at ensuring that all potential impacts of the project are identified and all Project Affected Persons (PAPs) are enlisted to provide mitigation measures to address the potential impacts, and to chart out a mechanism to implement these mitigation measures. However during the project implementation, the stakeholders (mostly PAPs) may still have some grievances with respect to the project activities, their impacts, compensation and other mitigation measures. 9.1 Grievance Redress Mechanism; objectives and functions 9.2 The primary objective of this Grievance Redress Mechanism is to ensure that the views and concerns of those affected by project activities are heard and acted upon in a timely, effective and transparent manner. Further it will be to provide a forum to mediate conflict and cut down on lengthy litigation, which often delays the projects. It will also facilitate people who might have objections or concerns regarding the project activities to raise their objections and through conflict resolution so that these can be addressed adequately. The Grievance Redress Mechanism will be transparent, accessible to all, inclusive, participative and unbiased. PAPs will be made fully aware of their rights and the procedures for making a grievance. All grievances need to be recorded in a database along with outcome of grievance redress – and closely monitored and analysed in terms of category of grievances of speed of resolution 9.3 The main functions of the Grievance Redress Mechanism will be as follows:  Provide a mechanism to PAPs to address the problems arising as a result of project activities, eligibility entitlements provided in RAP and compensation paid,  Record the grievance of PAPs, categorize and prioritize the grievances,  Determine and implement the mitigation actions to address the grievances,  Inform PMU, MoPW of serious cases within one week; and  Report to the aggrieved parties about the developments regarding their grievances and the decision of the project authorities  Monitoring and analysis of grievances, tracking response time 9.2 Grievance Redress Committee (GRC) 9.4 A broad based Grievance Redress Committee will be formed comprising of members from following  Representative from PMU, MoPW  Representative from Arazi  Representative from Ministry of Justice  Representative of District Governor Trans-Hindukush Road Connectivity Project Page | 54 Resettlement Action Plan  Representative of Provincial Directorate of Public Works  Safeguard officer from ESMU, PMU  Representative of Implementing NGO  Community Representatives 9.5 This committee shall meet once in two weeks at a time which is informed to villagers in advance so that they can come and talk to committee members about their problems. The proposed system aims to ensure that all relevant entities – government as well as PMU respond in an effective, timely and transparent manner to grievances of the local communities. 9.3 Functions of GRC  Elect among themselves their Chairman who will preside over the meetings of GRC.  Representative of PMU will be the Member Secretary and will be responsible record and report the proceedings of the meetings. In his/her absence, the Safeguard officer of ESMU will be responsible for this role.  The GRC will have meetings every two weeks to meet the community who have grievances so as to redress them on a regular basis; dates of the next two meetings will be informed in the project area.  Ensure that handling of grievances is in accordance with Afghan law and World Bank procedures.  Ensure that follow-up actions in response to grievances are taken within an agreed time-frame. Maintain a database of all registered grievances, along with details on the nature of the issues raised the case history, and actions taken.  Report on resolved/unresolved grievances a weekly basis to the PMU.  Coordinate with Government departments, at district, provincial and national level and civil society organizations for resolving the grievances of the local communities.  Coordinate with community representatives on the efficacy and usefulness of grievance redress procedures and recommend changes if any required to MoPW.  Assign member(s) to undertake site visits to assess issues raised as and when needed. 9.4 Procedure of Dealing with Grievances 9.6 Awareness generation-The PMU through ESMU team will ensure awareness generation campaigns about the project related activities to the extent so as to make the citizens aware to claim their rights and entitlements as described under the resettlement plan. 9.7 Submitting grievances and recording procedures-Grievances can be submitted to the district governor’s office, PMU representative/counterpart at provincial level or to the implementing NGO. In case the issue is not resolve at the local level, it Trans-Hindukush Road Connectivity Project Page | 55 Resettlement Action Plan will be brought to the GRC in the next meeting. The issues can also be resolved at community level and recorded for all future references. 9.8 GRC meetings, proceedings and recommendations- In case an issue raised is not resolved at the local level, a copy of the registered complaint will be forwarded to Member Secretary of GRC, who will then put it up to GRC for consideration. The GRC’s meetings are to be held every second week to assess grievances, identify action to be taken and assign responsibility for follow-up. Cases put before the GRC will be assessed according to their urgency, and the social environmental, technical or operational issues that they may raise. Along with the details of each case, recommendations for referral or action will be entered into a database, to which PMU staff will have access. After the GRC meetings, its’ minutes and recommendations will be sent to the PMU within a week of the GRC meeting. The same information will also be sent to the relevant applicants. All efforts will be made by PMU to implement the recommendations of GRC as soon as possible. ED, PMU will report to inter-ministerial committee about the disposal f complaints and pending status regularly. 9.9 Appeals and legal recourse- Issues not resolved at GRC level will be escalated at the MoPW level, Ministry, if considers necessary will attempt a hearing on the matter in order to resolve it. In case of no resolution, all PAPs have the recourse to the court of law for non-resolution of issues by the GRM. 9.5 World Bank’s Grievance Redress 9.10 Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. The process to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS) is provided at http://www.worldbank.org/GRS. The process on how to submit complaints to the World Bank Inspection Panel is provided at http://www.inspectionpanel.org. 9.6 Time lines  All the claims and objections submitted in writing to the local authorities will be formally recorded, and a written acknowledgement issued.  Every effort will be made to resolve grievances within fixed time-lines, which will be an indicator against which the performance of the handling system is evaluated. Trans-Hindukush Road Connectivity Project Page | 56 Resettlement Action Plan  Acknowledgement of a written submission will be issued to the complainant within 3 working days.  If not resolved earlier by designated staff on site, grievances will be tabled for discussion/resolution during a GRC meeting within 2 weeks of receipt of the written submission.  If not resolved by the GRC, it will be referred for consideration to the Ministry of Public Works within 1 week.  9.7 Dissemination 9.11 The procedures and processes described herein shall be disseminated after translation in local languages in the project area. Trans-Hindukush Road Connectivity Project Page | 57 Resettlement Action Plan 10 Monitoring and Evaluation 10.1 Effective management of RAP implementation necessitates a robust monitoring and evaluation mechanism. Such a system will not only ensure timely execution of resettlement process but also provide reliable data on performance indicators on the resettlement outcomes. It is imperative for a project of this size to ensure systematic collection of data to monitor and evaluate safeguards performance. The World Bank’s policy also requires development of a comprehensive monitoring and evaluation system to ensure that the RAP is being implemented, in line with its objectives, principles and implementation procedures. M&E system will also generate alarm signals for the management in case of an unpredictable impact. 10.2 The monitoring of RAP for this project requires a two pronged approach along with a systematic data management protocol. 10.1 Monitoring at PMU Level 10.3 Internal monitoring will be carried out routinely by the PMU through the ESMU and results will be communicated to World Bank and the MoPW through the regular project implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field and reported monthly to the PMU to assess the progress and results of RAP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated every quarter in standard supervision reports and submitted to the World Bank. Specific monitoring benchmarks will be:  Information campaign and consultation with PAPs;  Status of land acquisition and payments on land compensation;  Compensation for affected structures and other assets;  Temporary displacement of PAPs  Relocation of PAPs;  Payments for loss of income;  Income restoration activities.  Grievance received and status of redress 10.2 External Monitoring Agency (EMA) 10.4 The implementation of the Trans-Hindukush Road Connectivity Project might take several years. It will therefore be necessary that external Third Party monitoring is carried out on a regular basis with the results communicated to the PMU and the World Bank through a bi-annual compliance report. The Environmental Management Act (EMA) will be responsible for the preparation of the compliance report confirming that all compensation and related resettlement assistance in cash or kind are being delivered to the affected households. Based on the results of the compliance report, the EMA will Trans-Hindukush Road Connectivity Project Page | 58 Resettlement Action Plan recommend to MoPW/the World Bank if the necessary civil engineering works can commence. A copy of the compliance report and its recommendations will be submitted to the PMU, supervising consultant and the World Bank simultaneously. 10.5 The EMA will also assess the status of project affected vulnerable groups such as female-headed households, disabled/elderly and poor families. The following will be considered as the basis to develop the indicators for monitoring and evaluation of the project:  Socio-economic conditions of the PAPs in the post-resettlement period;  Communications and reactions from PAPs on entitlements, compensation, options, alternative developments and relocation timetables etc.;  Changes in housing and income levels;  Effectiveness of arrangements for temporary displacements;  Rehabilitation of squatters (if any);  Valuation of property;  Grievance procedures and outcomes;  Disbursement of compensation; and  Level of satisfaction of PAPs in the post resettlement period. 10.6 For each specific section of the project, the EMA will carry out a post- implementation evaluation of the RAP about 1 year after its implementation to find out whether the RAP objectives were attained or not. The socio-economic survey base-line will be used to compare pre- and post- project conditions. The EMA will recommend supplemental assistance for the PAPs in case the outcome of the study shows that the objectives of the RAP have not been attained. 10.3 Monitoring Indicators 10.7 A list of suggestive indicators to monitor the progress of RAP implementation is suggested below: These will include primarily the activities and the entitlements due to the displaced people. These include among others:  Frequency and number of consultations held with various stakeholders; parties engaged in grievance redress and participating in the project such as Community Development Council (CDCs)  Grievances filed by the PAPs and nature of the grievances including the time it has taken to resolve them  Procedures in the operations such as asset verification and valuation procedures including effectiveness of compensation delivery system;  Number of land parcels to resettle the affected persons and amount of compensation proceeds released to the target group;  Number of assets compensated and the amounts paid out to the individuals and public facilities restored; Trans-Hindukush Road Connectivity Project Page | 59 Resettlement Action Plan  Number and category of people paid their compensation and rehabilitated including vulnerable groups receiving assistance;  The growth in number of settlements, market areas and the change in standard of living of the displaced persons. Trans-Hindukush Road Connectivity Project Page | 60 Resettlement Action Plan Annexure A Trans-Hindukush Road Connectivity Project Page | 61 Resettlement Action Plan Trans-Hindukush Road Connectivity Project Page | 62 Resettlement Action Plan Trans-Hindukush Road Connectivity Project Page | 63 Resettlement Action Plan Trans-Hindukush Road Connectivity Project Page | 64 Resettlement Action Plan Trans-Hindukush Road Connectivity Project Page | 65 Resettlement Action Plan Trans-Hindukush Road Connectivity Project Page | 66 Resettlement Action Plan Trans-Hindukush Road Connectivity Project Page | 67 Resettlement Action Plan Annexure B List of PAFs identified under Segment 1, Trans-Hindukush Road Connectivity Project S. No. CDC/Village PAP Name 1 Bagh Mulla Sha Muhammad Rahim 2 Bagh Mulla Sha Shah Nazar 3 Bagh Mulla Sha Muhammad Aman 4 Bagh Mulla Sha Muhammad Kareem 5 bagh mulla sha Sulaiman 6 Bagh Mulla Sha Del Agha 7 Bagh Mulla Sha Moneer 8 Bagh Mulla Sha Ghulam Hazrat 9 Bagh Mulla Sha Abdul Hakim 10 Bagh Mulla Sha Haji Dawood 11 Bagh Mulla Sha Haji Abdul Saboor 12 Bagh Mulla Sha Abdul Rahman 13 Bagh Mulla Sha Gul Ahmad 14 Bagh Mulla Sha Ziawudin 15 Bagh Mulla Sha Faiz Rahman 16 Bagh Mulla Sha Muhammad Jan 17 Bagh Mulla Sha Mula Mezrab 18 Bagh Mulla Sha Muhammad Yaqoub 19 Bagh Mulla Sha Ghulam Qader 20 Bagh Mulla Sha Haji Atiqullah 21 Gozar Said Shah Mir Kho 22 Gozar Adul Ahmad 23 Konjak Muhammad Easa 24 Konjak Muhammad Azam 25 Konjak Ghulam Sakhi 26 Kondasang Zekria 27 Kondasang Waisudin 28 Pole Kondasang Abdul Satar 29 Pole Kondasang Gulabudin 30 Kondasang Muhayudin 31 Kondasang Ghulam Sakhi 32 Kondasang Muhammad Ibrahim 33 Konjak Abdul Ghafar 34 Kondasang Noorullah 35 Kondasang Serajudin 36 Kondasang Haji Abdul Rahim Trans-Hindukush Road Connectivity Project Page | 68 Resettlement Action Plan S. No. CDC/Village PAP Name 37 Bagh Mulla Sha Ghulam Dastgir 38 Bagh Mulla Sha Najibullah 39 Bagh Mulla Sha Ghulam Rabani 40 Bagh Mulla Sha Haji Jamil 41 Bagh mulla sha Haji Merza Mir 42 Konjak Rahmatullah 43 Konjak Hazi Muhammad Jan 44 Konjak Baz Mohammad 45 Konjak Abdul Mobin 46 Konjak Hayatullah 47 Konjak Haji Mohammad Khan 48 Konjak Abdul Qayoum 49 Konjak Said Mir Khan 50 Konjak Abdul Rahman 51 Kondasang Hayatullah 52 Kondasang Nasrudin 53 Kondasang Shamsudin 54 Kondasang Abdul Ghafar 55 Kondasang Ghulam Muhayudin 56 Kondasang Abdul Wahed 57 Kondasang Muhammad Morad 58 Pule Kondasang Abdul Satar 59 Pule Kondasang Abdul Hai 60 Pule Kondasang Ghulam Haidar 61 Pule Kondasang Merza Nazar 62 CharBagh Abdullah 63 CharBagh Nematullah 64 Rubat Amrudeen 65 Rubat Amrudin 66 Rubat Najman 67 Rubat Abdul Nazar 68 Rubat Khoda Dad 69 Rubat Ali Dad 70 Dahane Kayan Noor Big 71 Dahane Kayan Mula Ala Nazar 72 Dahane Kayan Ebrahim 73 Dahane Kayan Khosh Ahmad 74 Rubat Muhammad Dad 75 Dahane Kayan Mir Ahmad 76 Dahane Kayan Amrullah 77 Dahane Kayan Ali Madad 78 Dahane Kayan Khadem Hossain 79 Dahane Kayan Jan Ali Trans-Hindukush Road Connectivity Project Page | 69 Resettlement Action Plan S. No. CDC/Village PAP Name 80 Dahane Kayan Khairudin 81 Dahane Kayan Said Morad 82 Dahane Kayan Ghulam Haidar 83 Dahane Kayan Paiwand Ali 84 Lokhtoghai Ekramudin 85 Lokhtoghai Ghulam Haidar 86 Lokhtoghai Dad Muhammad 87 Lokhtoghai Dad Muhammad 88 Lokhtoghai Qari Abdullah 89 Lokhtoghai Said Morad 90 Lokhtoghai Abdul Khaleq 91 Lokhtoghai Niaz Ali 92 Lokhtoghai Muhammad Naser 93 Lokhtoghai Merza Nazar 94 Lokhtoghai Abdul Aziz 95 Lokhtoghai Joma Khan 96 Shalezar Haji Ahmad and his Brother's partners 97 Shalezar Khoshamad Trans-Hindukush Road Connectivity Project Page | 70 Resettlement Action Plan Annexure C Strip Plan Annexed as separate attachment. Trans-Hindukush Road Connectivity Project Page | 71 Resettlement Action Plan Annexure D Compilation of views and suggestions received in the consultation meetings with the community and PAPs Name of the project location First segment of Trans-Hindukush Road Connectivity Project Name of the villages Covered Bagh Mula Shah, Konjak, Gozar, Konda Sang, Pole during Consultation Meetings Konda Sang, Char Bagh, Robat, Dahane Kayan, Lokhtoghai and Shalezar villages Name of the districts Dushi Name of the provinces Baghlan Number of participants: 110 Consultation meetings 03 Nov 2014 - 10 Nov 2014 (10 village level meetings) (Local people and PAPs) Separate meetings with PAPs 03 Nov 2014 - 10 Nov 2014 (individual meetings with PAPs) Issues Discussed People Views and Suggestion General perception about the project and They have favorable opinion about the project. the awareness about the proposed People were partially aware about the project but (Rehabilitation of 23.7 Km of road in Dushi they became more aware during the consultations district) and meetings. Local people expressed their readiness for (loss of structure/asset, removal of orchard and land acquisition) and cooperation about project rehabilitation and would like the project to start as soon as possible. Support of local people for the proposed All the participants urged that they will extend project full support to the project. They assured their support and security and also promised locally available skilled and unskilled labor and local raw materials like stone and sand for construction at reasonable cost. Identification of Environmental & Social During the transect walk with the community, No sensitive location environmental/socially sensitive location along the roadside was identified. Trans-Hindukush Road Connectivity Project Page | 72 Resettlement Action Plan Issues Discussed People Views and Suggestion Choices during the project design, The community suggested that their viewed construction and operation stages should be considered during the follow up of the existing road alignment in the new design. No major change was suggested by them. They also opined that there should be continuous consultations with the local people. The skilled and un-skilled labor and local available machinery should to be hired on preference from the surrounding villages if needed. Land acquisition Community and PAPs were informed that a comprehensive RAP is being prepared and the land acquisition and compensation process were explained properly to all of them. Also individual consultations were conducted with each individual PAPs. Grievance Redress Committee (GRC) A Grievance Redress Committee was established having representation of PMU, District authorities and representatives of community and PAFs. Tree removal Many trees will have to be removed and the community demanded plantation of new trees. As mentioned in the ESMP, 2000 new tress will be planted along the road corridor in the first segment. General socio-economic impact The main economic activity is agriculture. Farmers are engaged in cultivation of potatoes, rice and wheat are major crops in the area. Due to small land holdings and acute poverty some people are engaged in small business and employment opportunities in Dushi district. The proposed road is expected to benefit all the economic activities directly or indirectly. Other benefits of Project The community expressed that the road rehabilitation project will provide easy access for local inhabitants to markets, schools, clinics and other facilities. Availability of land mine According to MACCA, there is no mine along or close to this road. Trans-Hindukush Road Connectivity Project Page | 73 Resettlement Action Plan Issues Discussed People Views and Suggestion Views of women All women were happy and welcomed the road project. Improve road access to schools and clinics were the highlights. Some women requested job provisions for them in the road project and also demanded support for economic activities like tailoring, livestock etc. Trans-Hindukush Road Connectivity Project Page | 74 Resettlement Action Plan Annexure E (In Sq. Mtr.) Cultivable Land Orchard Land Total Agriculture Land S. No. CDC PAP Name Owned Loss % Owned Loss % Owned Loss % 1 Bagh Mulla Sha Muhammad Rahim 12000 1164 9.70 4000 0 0.00 16000 1164 7.28 2 Bagh Mulla Sha Shah Nazar 24000 861 3.59 5000 0 0.00 29000 861 2.97 3 Bagh Mulla Sha Muhammad Aman 10000 774 7.74 2000 630 31.50 12000 1404 11.70 4 Bagh Mulla Sha Muhammad Kareem 10000 0 0.00 2000 84 4.20 12000 84 0.70 5 bagh mulla sha Sulaiman 12000 159.5 1.33 4000 637 15.93 16000 796.5 4.98 6 Bagh Mulla Sha Del Agha 10000 0 0.00 2000 0 0.00 12000 0 0.00 7 Bagh Mulla Sha Moneer 8000 0 0.00 0 0 N/A 8000 0 0.00 8 Bagh Mulla Sha Ghulam Hazrat 20000 702 3.51 4000 335 8.38 24000 1037 4.32 9 Bagh Mulla Sha Abdul Hakim 4000 870 21.75 0 0 N/A 4000 870 21.75 10 Bagh Mulla Sha Haji Dawood 11000 900 8.18 0 0 N/A 11000 900 8.18 11 Bagh Mulla Sha Haji Abdul Saboor 2000 1262 63.10 8000 1512 18.90 8000 2774 34.68 12 Bagh Mulla Sha Abdul Rahman 2000 692 34.60 2000 0 0.00 4000 692 17.30 13 Bagh Mulla Sha Gul Ahmad 14000 417 2.98 2000 732 36.60 16000 1149 7.18 14 Bagh Mulla Sha Ziawudin 4000 732 18.30 0 0 N/A 4000 732 18.30 15 Bagh Mulla Sha Faiz Rahman 4000 374 9.35 0 0 N/A 4000 374 9.35 16 Bagh Mulla Sha Muhammad Jan 4000 640 16.00 0 0 N/A 4000 640 16.00 17 Bagh Mulla Sha Mula Mezrab 2000 970 48.50 0 0 N/A 2000 970 48.50 18 Bagh Mulla Sha Muhammad Yaqoub 28000 1070 3.82 0 0 N/A 28000 1070 3.82 19 Bagh Mulla Sha Ghulam Qader 72000 920 1.28 2000 0 0.00 74000 920 1.24 20 Bagh Mulla Sha Haji Atiqullah 12000 450 3.75 0 0 N/A 12000 450 3.75 21 Gozar Said Shah Mir Kho 2000 456 22.80 0 0 N/A 2000 456 22.80 22 Gozar Adul Ahmad 5000 32 0.64 0 0 N/A 5000 32 0.64 23 Konjak Muhammad Easa 1000 750 75.00 0 0 N/A 1000 750 75.00 24 Konjak Muhammad Azam 20000 0 0.00 6000 1080 18.00 26000 1080 4.15 Trans-Hindukush Road Connectivity Project Page | 75 Resettlement Action Plan Cultivable Land Orchard Land Total Agriculture Land S. No. CDC PAP Name Owned Loss % Owned Loss % Owned Loss % 25 Konjak Ghulam Sakhi 4000 774 19.35 0 0 N/A 4000 774 19.35 26 Kondasang Zekria 2000 224 11.20 0 0 N/A 2000 224 11.20 27 Kondasang Waisudin 2000 203 10.15 0 0 N/A 2000 203 10.15 28 Pole Kondasang Abdul Satar 4000 540 13.50 1000 0 0.00 5000 540 10.80 29 Pole Kondasang Gulabudin 4000 375 9.38 0 0 N/A 4000 375 9.38 30 Kondasang Muhayudin 4000 108 2.70 0 0 N/A 4000 108 2.70 31 Kondasang Ghulam Sakhi 3000 47 1.57 0 0 N/A 3000 47 1.57 32 Kondasang Muhammad Ibrahim 2000 63 3.15 0 0 N/A 2000 63 3.15 33 Konjak Abdul Ghafar 22000 216 0.98 2000 0 0.00 24000 216 0.90 34 Kondasang Noorullah 4000 208 5.20 0 0 N/A 4000 208 5.20 35 Kondasang Serajudin 2000 208 10.40 0 0 N/A 2000 208 10.40 36 Kondasang Haji Abdul Rahim 14000 720 5.14 0 0 N/A 14000 720 5.14 37 Bagh Mulla Sha Ghulam Dastgir 22000 0 0.00 0 0 N/A 22000 0 0.00 38 Bagh Mulla Sha Najibullah 26000 0 0.00 2000 0 0.00 28000 0 0.00 39 Bagh Mulla Sha Ghulam Rabani 48000 0 0.00 4000 0 0.00 52000 0 0.00 40 Bagh Mulla Sha Haji Jamil 90000 0 0.00 1000 0 0.00 91000 0 0.00 41 Bagh mulla sha Haji Merza Mir 12000 0 0.00 0 0 N/A 12000 0 0.00 42 Konjak Rahmatullah 2000 0 0.00 0 0 N/A 2000 0 0.00 43 Konjak Hazi Muhammad Jan 6000 0 0.00 0 0 N/A 6000 0 0.00 44 Konjak Baz Mohammad 4000 0 0.00 0 0 N/A 4000 0 0.00 45 Konjak Abdul Mobin 4000 0 0.00 0 0 N/A 4000 0 0.00 46 Konjak Hayatullah 4000 0 0.00 0 0 N/A 4000 0 0.00 47 Konjak Haji Mohammad Khan 5000 0 0.00 0 0 N/A 5000 0 0.00 48 Konjak Abdul Qayoum 41000 0 0.00 2000 0 0.00 43000 0 0.00 49 Konjak Said Mir Khan 101000 0 0.00 6000 0 0.00 107000 0 0.00 50 Konjak Abdul Rahman 4000 0 0.00 0 0 N/A 4000 0 0.00 51 Kondasang Hayatullah 44000 0 0.00 0 0 N/A 44000 0 0.00 Trans-Hindukush Road Connectivity Project Page | 76 Resettlement Action Plan Cultivable Land Orchard Land Total Agriculture Land S. No. CDC PAP Name Owned Loss % Owned Loss % Owned Loss % 52 Kondasang Nasrudin 6000 0 0.00 2000 0 0.00 8000 0 0.00 53 Kondasang Shamsudin 76000 0 0.00 4000 0 0.00 80000 0 0.00 54 Kondasang Abdul Ghafar 80000 0 0.00 4000 0 0.00 84000 0 0.00 55 Kondasang Ghulam Muhayudin 80000 0 0.00 4000 0 0.00 84000 0 0.00 56 Kondasang Abdul Wahed 56000 0 0.00 4000 0 0.00 60000 0 0.00 57 Kondasang Muhammad Morad 80000 0 0.00 4000 0 0.00 84000 0 0.00 58 Pule Kondasang Abdul Satar 10000 0 0.00 4000 0 0.00 14000 0 0.00 59 Pule Kondasang Abdul Hai 70000 0 0.00 4000 0 0.00 74000 0 0.00 60 Pule Kondasang Ghulam Haidar 1500 0 0.00 0 0 N/A 1500 0 0.00 61 Pule Kondasang Merza Nazar 64000 0 0.00 2000 0 0.00 66000 0 0.00 62 CharBagh Abdullah 46000 0 0.00 0 0 N/A 46000 0 0.00 63 CharBagh Nematullah 21000 0 0.00 2000 0 0.00 23000 0 0.00 64 Rubat Amrudeen 40000 0 0.00 0 0 N/A 40000 0 0.00 65 Rubat Amrudin 0 0 N/A 0 0 N/A 0 0 N/A 66 Rubat Najman 0 0 N/A 0 0 N/A 0 0 N/A 67 Rubat Abdul Nazar 20000 0 0.00 0 0 N/A 20000 0 0.00 68 Rubat Khoda Dad 24000 0 0.00 2000 0 0.00 26000 0 0.00 69 Rubat Ali Dad 96000 0 0.00 2000 0 0.00 98000 0 0.00 70 Dahane Kayan Noor Big 64000 0 0.00 1000 0 0.00 65000 0 0.00 71 Dahane Kayan Mula Ala Nazar 30000 0 0.00 0 0 N/A 30000 0 0.00 72 Dahane Kayan Ebrahim 46000 0 0.00 0 0 N/A 46000 0 0.00 73 Dahane Kayan Khosh Ahmad 4000 0 0.00 0 0 N/A 4000 0 0.00 74 Rubat Muhammad Dad 16000 0 0.00 0 0 N/A 16000 0 0.00 75 Dahane Kayan Mir Ahmad 0 0 N/A 0 0 N/A 0 0 N/A 76 Dahane Kayan Amrullah 0 0 N/A 0 0 N/A 0 0 N/A 77 Dahane Kayan Ali Madad 0 0 N/A 0 0 N/A 0 0 N/A 78 Dahane Kayan Khadem Hossain 40000 0 0.00 4000 0 0.00 44000 0 0.00 Trans-Hindukush Road Connectivity Project Page | 77 Resettlement Action Plan Cultivable Land Orchard Land Total Agriculture Land S. No. CDC PAP Name Owned Loss % Owned Loss % Owned Loss % 79 Dahane Kayan Jan Ali 0 0 N/A 0 0 N/A 0 0 N/A 80 Dahane Kayan Khairudin 34000 0 0.00 0 0 N/A 34000 0 0.00 81 Dahane Kayan Said Morad 4000 0 0.00 0 0 N/A 4000 0 0.00 82 Dahane Kayan Ghulam Haidar 0 0 N/A 0 0 N/A 0 0 N/A 83 Dahane Kayan Paiwand Ali 0 0 N/A 0 0 N/A 0 0 N/A 84 Lokhtoghai Ekramudin 34000 0 0.00 4000 0 0.00 38000 0 0.00 85 Lokhtoghai Ghulam Haidar 40000 0 0.00 0 0 N/A 40000 0 0.00 86 Lokhtoghai Dad Muhammad 0 0 N/A 0 0 N/A 0 0 N/A 87 Lokhtoghai Dad Muhammad 30000 0 0.00 0 0 N/A 30000 0 0.00 88 Lokhtoghai Qari Abdullah 22000 0 0.00 0 0 N/A 22000 0 0.00 89 Lokhtoghai Said Morad 50000 0 0.00 0 0 N/A 50000 0 0.00 90 Lokhtoghai Abdul Khaleq 6000 0 0.00 0 0 N/A 6000 0 0.00 91 Lokhtoghai Niaz Ali 12000 0 0.00 0 0 N/A 12000 0 0.00 92 Lokhtoghai Muhammad Naser 0 0 N/A 0 0 N/A 0 0 N/A 93 Lokhtoghai Merza Nazar 0 0 N/A 0 0 N/A 0 0 N/A 94 Lokhtoghai Abdul Aziz 48000 0 0.00 0 0 N/A 48000 0 0.00 95 Lokhtoghai Joma Khan 30000 0 0.00 0 0 N/A 30000 0 0.00 Haji Ahmad and his Brother's 96 Shalezar 32000 0 0.00 6000 0 0.00 38000 0 0.00 partners 97 Shalezar Khoshamad 30000 0 0.00 2000 0 0.00 32000 0 0.00 Trans-Hindukush Road Connectivity Project Page | 78