RP1596 Resettlement and Compensation in connection with CASA Community Support Project Resettlement Policy Framework Prepared by: Ministry of Rural Rehabilitation and Development Islamic Republic of Afghanistan This resettlement policy framework is a document of the borrower. The views expressed herein do not necessarily represent those of the World Bank’s Board of Directors, Management, or staff, and may be preliminary in nature. 1 Contents Abbreviations and Acronyms 4 Definitions of words and phrases used in the RPF 7 Preface 11 1. Outline of the activity 12 1.1 Project context 12 1.2 CASA CSP at a glance 12 2.1 Proposed Objective: Resettlement Policy Framework: CASA CSP 19 2.2 Why a Resettlement Policy Framework 20 3. Legal & Policy Framework for Resettlement 22 3.1 Afghan Law & Policy on Land Acquisition 22 3.2 Principles of World Bank OP 4.12 on acquisition, Resettlement and compensation 24 A table of comparison between the Laws on Land Expropriation And OP 4.12 with proposals for reconciliation 34 4. Eligibility for compensation 39 4.1 General eligibility 39 4.2 Land Tenure and Compensation Entitlements 39 4.3 Entitlements to Compensation & Livelihood Restoration 43 5. Unit Compensation Rates and Budget 46 5.1 Establishing Rates for Land Acquisition & Resettlement 46 5.2 Valuation of Land 48 5.3 Valuation of structures 48 5.4 Valuation of crops and trees 49 5.5 Income restoration allowances 49 6. Institutional Arrangements 51 6.1 General 51 6.2 Overall Organization – Ministry of Energy and Water 51 6.3 Project Implementation 52 6.3.1 Ministry of Rural Rehabilitation and Development 52 6.3.2 Implementing NGO 53 6.3.3 Local Government 54 6.3.4 Gender 54 2 7. Public Consultation and Participation 56 7.1 General Public Consultation 56 7.2 Public consultation 56 7.3 Community meetings 56 7.4 Consultations with Government Officials and Other Stakeholders 57 7.5 Preparation of Project Specific Informative Material 57 7.6 Disclosure 58 8. Preparatory Actions and Implementation Schedule 59 8.1 Preparation Actions 59 8.2 Process of LARP Implementation 60 9. Complaints and Grievance Redress 62 10. Monitoring & Evaluation 63 10.1 General 63 10.2 Internal Monitoring 64 10.3 External Monitoring 64 10.4 Management Information Systems 65 10.5 Reporting Requirements 65 11.1 Matrix of Actions under the RPF 66 11.2 Matrix of Compensation Entitlements and Rates 69 3 ABBREVIATIONS AND ACRONYMS AC Alternative Current ADB Asian Development Bank AFN Afghani (currency) AIB Afghanistan International Bank APA Assistant Political Agent AP Affected Persons ARDS Afghanistan Reconstruction and Development Services AREU Afghanistan Research & Evaluation Unit BAT Best Available Techniques BP Bank Procedures of the World Bank CASA Central Asia-South Asia CASAREM Central Asia-South Asia Regional Electricity Market CBD Convention on Biological Diversity CITES Convention on International Trade of Endangered Species COI Corridor of Impact CRM Conflict/ Complaints Resolution Mechanism CSE Construction Supervision Engineer DB Decibel DC Direct Current DEM Digital Elevation Model DFI Direct Foreign Investment DMC Developing Member Countries EA Executing Agency EC European Commission EBRD European Bank for Reconstruction and Development EIA Environmental Impact Assessment EMA External Monitoring Agency EMMP Environmental Management and Monitoring Plan EMMM Environmental Mitigation Management Matrix EMP Environmental Management Plan EMF Electro-magnetic Field EMI Electro-magnetic Interference EMO Environmental Management Organization EMS Environmental Management System EPA Environmental Protection Agency E&SE Environmental and Social Expert E&W Energy and Water E&WD Energy and Water Department ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan FI Financial Intermediary GoA Government of Afghanistan GB Gigabyte GDP Gross Domestic Product 4 GIS Geographical Information System GoA Government of Afghanistan GoT Government of Tajikistan GW Giga Watt GPS Global Positioning System GRC Grievance Redress Committee ha Hectares HDI Human Development Index HH Household HPP Hydro Power Plant HVAC High Voltage Alternate Current HVDC High Voltage Direct Current IAP International Advisory Panel IC International Consultant IDP Internal Displacement Policy IEE Initial Environmental Examination IEIA Initial Environmental Impact Assessment IFC International Finance Corporation IFIs International Financial Institutions IGC Inter-governmental Council ILO International Labour Organisation IMC Inter Ministerial Committee IOL Inventory of Losses IPPs Independent Power Producers IRA Islamic Republic of Afghanistan IRP Involuntary Resettlement Policy ISDB Islamic Development Bank ISIA Initial Social Impact Assessment Kg Kilograms Km Kilometers kV Kilo volts LARP Land Acquisition Resettlement Plan LARF Land Acquisition and Resettlement framework LLE Law on Land Expropriation LML Land Management Law Meters MASL Mean above Sea Level MCWG Multi Country Working Group MEW Ministry of Energy and Water MOU Memorandum of Understanding MMM Mitigation Management Matrix MRRD Ministry of Rural Rehabilitation and Development MW Mega Watt NEB National Energy Board NEPA National Environmental Protection Agency NEQS National Environmental Quality Standards 5 NGO Non-Governmental Organization NRP National Resettlement Policy NTDC National Transmission & Dispatch Company OD Operational Directive OM Operational Manual OP Operational Procedures of the World Bank OMS Operational Manual Statements OD Operational Directives of the World Bank PAC Project Affected Committee PAPs Project Affected Persons or People PC/C Proponent Contractor/ Consultant PEO Project Environmental Officer PIP Participant Involvement Plan PIU Project Implementation Unit PMU Project Management Unit PPE Personal Protective Equipment PPP Public-Private Partnership PS Performance Standard RAP Resettlement Action Plan Row Right of Way RP Resettlement Plan RPF Resettlement Policy Framework RTE Rare, Threatened or Endangered SES Safety Environment Supervisor SEO Site Environmental Officer SIA Social Impact Assessment SME Small and Medium Enterprises SNC SNC Lavalin TOR Terms of Reference T/L Transmission Line TSS Total Suspended Solids TSP Total Suspended Particles UN United Nations UNEP United Nations Environment Programme UNESCO United Nations Education Scientific and Cultural Organization UXO Unexploded Ordinance WB World Bank WHO World Health Organization 6 Definitions of words and phrases used in the RPF 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. Encroachers mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, 7 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 oflivelihood 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 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. 8 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. 9 Preface This draft Resettlement Policy Framework (RPF) sets out the general principles and steps to be followed in connection with any land acquisition and resultant resettlement which will occur during the implementation of CASA1000 Community Support Project by or with the co-operation of the Ministry of Rural Rehabilitation and Development (MRRD). It has drawn on the extensive work of Integrated Environments (2006) Ltd. (IEL) of Canada which prepared an Environmental and Social Impact Assessment and Environmental and Social Management Plan (ESIA/ESMP) of the Central Asia South Asia Electricity Transmission Project (CASA 1000) and ESMF for NSP-III. This draft has also drawn on the Resettlement Policy Framework prepared by the consultant in connection with the Irrigation Restoration and Development Project (IRDP) of the Ministry of Energy and Water in 2010, and for CASA-1000 which was developed through a consultative process and cleared by inter-ministerial councils Common standards and approaches to resettlement across government increase efficiency and effectiveness in the administration of such programmes. Officials can more easily grasp what is required; capacity can be enhanced and affected persons (APs) in all projects will have greater confidence that they are being treated fairly, so reducing the likelihood of grievances and legal and other challenges to resettlement which can delay the implementation of projects. Common standards in practice will also make it easier to develop a national law on resettlement as and when the government decides to move in that direction. It should however be emphasised that this RPF is designed solely for resettlement in connection with CASA 1000 and CASA- Community Support Project. It may have wider uses but these are a bye-product of and not the main purpose of this framework. 10 Resettlement Policy Framework 1. Outline of the activity 1.1 Project Context The objective of the CASA-Community Support Project is to strengthen community support for CASA-1000 transmission line by providing access to electricity and other social and economic infrastructure services to communities within the Corridor of Influence. The project will benefit all those communities that live along a 2 kilometre ‘Corridor of Influence’ each side of the CASA-1000 transmission line. It is expected that there will be approximately 700 communities spread over 23 districts in 6 provinces, with a total of over 152,000 families along the corridor of influence (COI). Given the terrain along the COI, as well as the unique nature of community mobilization in High risk areas, there will be some flexibility to work with communities outside of the COI – funding for this will come from the ‘contingency fund’. The project consists of four components namely: (i) Community grants for (economic infrastructure) sub-projects; (ii) Community Mobilization of CDCs to plan, implement and maintain infrastructure; (iii) Project implementation support; and (iv) Communications & Outreach. Given the nature of the project and context, there will also be an unallocated fund for use in cases where the number of communities in the COI increases if an alternate route is chosen for the CASA-1000 transmission line, for any unforeseen costs when working in High Risk Areas etc. The unallocated funds if applied will be allocated across all four components. 1. CASA-CSP will be implemented using the same institutional and implementation arrangements as NSP – this includes the arrangements in HQ, Provinces and Districts as well as with FPs and CDCs. There are basically three levels of implementation management that CSP will also use: (a) At the national level, MRRD provides general oversight and the Program Management Office (PMO) manages implementation; (b) At the provincial level, outsource project implementation to Facilitating Partners, while Provincial Management Units (PMUs) established under NSP, closely monitor FP performance. The FPs mobilize communities to form CDCs and provide CDCs technical guidance for managing grants, planning and implementing subprojects at the village level; and 11 (c) At the village level, communities agree on their developmental needs and implement subprojects through CDCs. The CDCs ensure a high level of accountability and transparency to the ultimate beneficiaries. They will continue to be the primary units responsible for the planning and execution of the CSP subprojects under the technical guidance of the FPs. The CDC is a community-based decision making body that includes as office bearers a chairperson, vice-chairperson, secretary, and treasurer. A project management committee, a procurement committee and an O& committee are also often established to support the CDC. LAND USE: Except for the segment near the Kabul-Jalalabad road, the COI is very dry and poorly vegetated with low biological diversity due to the limited rainfall, poor soil and decades of over exploitation. Wherever there are shrubs and bushes they are trimmed for fodder and fuel wood. Fuel wood is short in supply pushing people to work intensely in agricultural spaces. There are few trees in the COI and the majority of the trees that do exist are fruit trees. Biodiversity in Afghanistan is generally low because of water shortages, minimal rainfall and poor soil. Vegetation is also sparse due to excessive exploitation in the vicinity of the COI. There are no reserve forests or protected areas in the COI. AGRICULTURE: The most valuable trees that are found in the COI are fruit trees. The following fruit trees are found along the COI: almond, apple, apricot, banana, berry, citron, date, fig, grapes, loquat, melon, mulberry, olive, orange, peach, pear, pistachio, plum, pomegranates, quince, rhubarb, vine, and walnut. Poppy production for illicit drug use and trade is one of the largest crops grown for profit in Afghanistan. The majority of the land in the COI is rough and mountainous with very little vegetation and generally unused. Flat areas near water resources support agricultural activities. Between Jabulseraj and Kabul, and between Surkh Dewaland Torkham. The average yield of wheat is 2,721 kg/ha and 1,217 kg/ha for maize. However, a lot of agricultural lands have become unusable because of destroyed irrigation systems and land mines. An average household owns 1.2 ha of agricultural land. The common sources of income for local residents in the COI are agriculture, daily wage labour, transportation and small businesses. The average annual household spends over 75 percent of their annual income on basic food needs. More than 67 percent of residents live in mud houses, the remainder of the population lives in homes that are built with various amounts of concrete. The water sources include nearby streams, springs, and 12 rivers that are heavily contaminated by land mines. Approximately 50 percent of the population has access to electricity but not to health facilities, schools and paved roads. WATER: There are seven perennial rivers along the proposed T/L route in Afghanistan. The Kabul River is used for agricultural activities. There are two irrigation canals in the COI, one is near the Tajikistan border and the other is near Jalalabad. Groundwater quality is poor due to the contamination from mines but it is used for agricultural activities. 2.1 Proposed objective Resettlement Policy Framework CASA 1000 The Ministry of Rural Rehabilitation and Development has prepared this Resettlement Policy Framework for CASA-CSP based on the CASA1000 RPF: this sets out the general principles and policies to be followed in connection with any land acquisition and resultant resettlement that will occur under the auspices of the Ministry. This RPF is designed to tackle the specific issues noted above and set out a clear framework for the , assessment, mitigation and compensation and, where necessary, the settling of disputes arising out of such activities with respect to resettlement, albeit temporary on occasions, and compensation 2.2 Why a Resettlement Policy Framework? The components of transmission line activity for which a Resettlement Policy Framework (RPF) are required are some purchases of land, easement imposition, and some temporary displacement in the areas through which the transmission line is likely to pass. The transmission line has not and cannot be finalised at this stage so it is not possible at this stage to developany site-specific resettlement plan with the full details of all Affected Persons who are likely to have to be relocated or who are going to suffer adverse impacts from project-related land acquisition The purpose of the RPF is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to specific transmission line activities as and when they take place. In this way a consistent approach to resettlement practice will be ensured for all activities involving land acquisition and displacement. 13 In addition, an RPF can contribute to the development of technical capacity within the Ministry of Rural Rehabilitation and Development (MRRD) in the following ways: (i) Provision of technical assistance to the Project Coordination Unit (PCU) within the Ministry and its regional offices involved in project implementation, including project management, procurement, contract management, financial management, survey construction supervision and quality control, and environmental and social management. (ii) Support for building capacity in MRRD in various technical fields in procurement, contract management, financial management, internal audit, monitoring and evaluation, and management of environmental and social issues. (iii) Support for building capacity of local institutions including community groups, university faculties, and local construction industry. (iv) Support for the continuation and strengthening of monitoring and evaluation activities including input, output, process, and outcome monitoring. Progress of various components would be monitored as an integral part of project implementation. The PCU will be responsible for monitoring physical progress and collation of progress reports. Monitoring of Results/Outcomes would be carried out by an M&E Unit independent of the PCU. This Unit will be responsible for collection and analysis of panel data, conducting a limited number of case studies, and for providing continuous feedback to the PCU. The M&E Unit would be strengthened through training and provision of specialists and field staff. There are several interlinked issues that must be addressed by way of introduction to the policy. First, the resettlement policy framework is required to be consistent both with the World Bank’s Operational Policy 4.12 which deals with Involuntary Resettlement and with existing local laws and policies. Where there is inconsistency between the two the WB policy prevails, unless the local requirement sets a higher standard or benefit for the Affected Person. Second, before the details of the RPF can be outlined and explained, the basic principles and objectives of the RPF may be set out. But whereas OP 4.12 contains such principles and objectives, no laws or policies in Afghanistan deal with resettlement. There are relevant laws that will be discussed later – principally a Law on Managing Land Affairs 14 of 2008, as amended (including proposed amendments) and a Law on Land Expropriation of 2009 but neither deal with involuntary resettlement. So setting out the principles of an RPF at the outset of developing one is unavoidably to give priority to World Bank policies on resettlement. The principles of the RPF are:  first, avoid or minimise adverse impacts on persons and families likely to be affected by the project (APs)  second, ensure that where land acquisition is unavoidable, APs are o consulted on the operation of the project o compensated for lost assets at replacement costs o provided with assistance to improve/restore livelihoods and standards of living to pre-displacement levels in the event of displacement. The RPF spells out how these principles will be met. It should be said at the outset that while the relevant laws of Afghanistan might not cover these matters in any detail there would appear to be nothing in the laws to stop these principles being given effect to in practice. 3. Legal & Policy Framework for Resettlement 3.1 Afghan Law & Policy on Land Acquisition There is no country specific resettlement policy in Afghanistan. A comprehensive land policy was approved in 2007 by the cabinet; however it has yet to be fully operationalized. Ratified in early 2004, the Constitution of Afghanistan has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, the Law on Land Expropriation (LLE) enacted in 2009 provides that: (i) The acquisition of a plot or portion of a plot for public purpose is decided by the Council of Ministers and is compensated at fair value based on current market rates (Section 2); 15 (ii) 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 (Section 4); (iii) The right of the owner or land user will be terminated three months prior to the 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 (Section 6); (iv) In cases of land acquisition, the following factors shall be considered for compensation: (a) Value of land; (b) Value of houses and buildings on the land; (c) Value of trees, orchards and other assets on land (Section 8); (v) The value of land depends on the category and its geographic location (Section 13) (and see too proposed new clause 45 of the Land Management Law published in December 2012); (vi) A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He/she has the option to get residential land or a house on government property in exchange, under proper procedures (Section 13); (vii) If a landowner so wishes his/her affected plot can be swapped with unaffected government land and if this is valued less than the plot lost, the difference will be calculated and reimbursed to the affected plot owner (Section 15); (viii) The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16); and (ix) A property is valued at the current rate at the locality concerned. The owner or his/her representative must be present at the time of measuring and valuing of property. Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a “committee” consisting of the following 16 (i) The landlord or person who uses the land or their representatives; (ii) Official representative of agency who needs to acquire the land (viz., MRRD); (iii) Representative of local municipality; (iv) Representative of Ministry of Finance; and (v) Representative of Ministry of Justice. The Law on Land Acquisition is undergoing a thorough review and amendment process but as of March 2014, no final decisions had been taken on any amendments.. 3.2 Principles of World Bank OP 4.12 on acquisition, resettlement and compensation This part of the RPF will discuss the World Bank’s Operating Policies 4.12. Rather than attempting to repeat OP 4.12 verbatim, it will be more helpful to attempt to set out the requirements of OP 4.12 in a form in which they might be provided for in any set of legal provisions or how they might be addressed by an administrative agency following a logical approach to land acquisition. The fundamental principles of policy which inform the Bank’s position on resettlement and land acquisition and will be followed under this RPF for CASA 1000, are : (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 and 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. (e) Lack of title would not bar the affected population from resettlement and compensation benefits. (f) Compensation for losses will be delivered at replacement costs; (g) Compensation payments must be delivered before taking possession of the required assets; 17 Step 1: Preliminary issues: is acquisition necessary The first step addressed by 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 a last resort. From the point of view of what governmental action might be necessary to meet this first step, it is necessary that alongside an environmental impact assessment, a social impact assessment and a financial analysis of the proposed project that is required to be undertaken,  a preliminary investigation and assessment of the land that may be acquired must be undertaken;  persons likely to be affected by the project (APs) and other interested parties should be given an opportunity to contribute to or comment on the location of the proposed project and the necessity of acquiring the proposed land for the project. This involvement is separate and distinct from APs participating in the planning of any resettlement that has to take place;  a cut off date for any ultimate assistance and compensation for APs must be determined and announced. After that date, no one coming into or obtaining land or a house in the potential project area will be entitled to compensation. In the case of this particular RPF, this step will have to be taken many times over with respect to each specific erection of a tower or location of a substation. There will be a risk that there may be some speculative encroaching as word gets out unofficially about likely projects in the future. This will need careful handling. Step 2: Preparing an acquisition and resettlement plan The second step in the process is to prepare a land acquisition and resettlement plan which must include measures to ensure that APs are, in the words of OP 4.12: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and 18 (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to project-related land acquisition. If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are (i) provided 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 of the old site. Where necessary to achieve the objectives of the policy, the resettlement plan should also include measures to ensure that displaced persons are (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; (ii) provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities; (iii) provided with retraining or training opportunities so that they can either take up a new form of livelihood or by virtue of being trained to a higher skill standard In terms of what must be contained in either or both law and administrative arrangements to ensure that these requirements are met, the following would need to be in any land acquisition and resettlement plan:  the land to be acquired  the persons who will be suffering any losses of assets, income, sources of livelihoods  the persons to be required to move  the place or places to which such persons are to be moved to  the circumstances of the place to which persons are to be moved to: viz o whether the land is occupied and by whom o what the land is presently being used for 19 o the condition of the land and its facilities  the arrangements to be made to facilitate resettlement and integration  the manner and form in which compensation is to be assessed and paid  the heads of compensation payable  an estimate of the compensation payable and of the resettlement expenses  the procedures to be followed in executing the plan  the arrangements for the involvement of APs in plan execution  what opportunities there will be to challenge plan execution and compensation In practice, the preparation of this plan should commence as part of the exercise of developing projects for it is regarded as a part of the project but in terms of process, it is sensible to keep separate the issue of whether any land acquisition and resettlement is necessary from the issue of what resettlement will take place and how it will be conducted. This second step however is also to involve APs in participation in the preparation of the plan and not just in being given a chance to object to a plan made by officials. OP 4.12 spells this out very clearly as follows: (a) Displaced persons and their communities, and any host communities receiving them, are to be provided with timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are to be established for these groups. (b) In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are to be provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder). (c) Patterns of community organization appropriate to the new circumstances must be based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities should be preserved and resettlers’ preferences with respect to relocating in preexisting communities and groups honoured. 20 The preparation of a plan must be preceded by and involve in its development meetings with potential APs and more general public consultation. There will be informal day-to- day meetings among APs, MRRD local staff, and other stakeholders. The more formal consultation process in the sub-project areas will be through: (a) one-on-one meetings with directly affected households/companies; (b) village and community meetings; and (b) public consultations with government officials. Informative materials will have to be prepared and distributed within the sub-project areas before the meetings. This is set out in more detail below. Step 3: Paying compensation, resettling the dispossessed, acquiring the land The third step is the execution of the plan: that is the acquisition of the land and the resettlement of those persons displaced by the acquisition. This is the central part of the process of acquisition and resettlement and must be broken down into several sub-steps. Not all these sub-steps are set out specifically in OP 4.12; they are however a necessary part of land acquisition and resettlement and must be written into the RPF to take place. Before each sub-step is summarised, a general point about the legal framework must be made. There will need to be in place a set of clear rules on the whole of step 3. This code will need to cover –  the empowerment of institutions to execute, regulate and monitor the process  which officials are empowered to take actions and give orders  what actions and orders must or may these officials take or give  the processes and institutions of participation and consultation  to which APs and others will these actions and orders apply  what must APs do to comply with orders and take required actions  what must APs do to gain benefits and assert rights under the law  with respect to compensation o the scope and form of compensation o the manner of assessment of compensation and in particular the assessment of compensation (if any) for temporary displacement o the manner and timing of claiming and paying compensation o the process of decision-making and appeals on compensation  with respect to resettlement and displacement o process and procedures on resettlement and displacement 21 o financial assistance with resettlement and displacement (in the case of displacement this will be assistance in moving temporarily from the land and then returning to the land) o assistance with retraining or development of new livelihoods  processes and institutions relating to challenging and contesting decisions. The ensuing discussion of the sub-steps assumes that such a code will be in place. Sub-step 1 The first sub-step is the process of acquiring the land; informing all the qualified owners and occupiers of the land of the intention to acquire the land and pay compensation for any land so acquired. This will involve 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, full explanation of the circumstances of such displacement – how long for; where will occupiers be temporarily located and in what form of accommodation; whether compensation will the paid – will be needed. LAND DONATIONS This is especially relevant where some land may be ‘donated’ by PAPs. There must be very clear documentation that any person who has ‘donated’ land to a project was made fully aware of his or her right to receive compensation for any land which he or she is losing to a project and specifically waived that right. In the past, reports have indicated that there had been inadequate documentation of this practice and that there have been some disputes arising out of the practice. While not going so far as to suggest that voluntary donations should be rejected or banned, it will be essential to make certain that they are genuinely voluntary and that the giver of the land does not expect some special benefit or treatment from the project as a result of the donation. Where there is any possibility of such special treatment or the expectation of same, the donor of land should receive compensation under the resettlement plan rather than obtain special treatment outside the plan; in other words, a donor will be treated as if he or she had had their land acquired compulsorily. 22 land is donated there must be documented evidence that: -The person donating the land was not subject to pressure to donate and that he/she could have opted not to donate -That the donor has clear title over the land and such land is not being used by a third party who could be affected  That livelihood impact of land donation does not exceed 10% livelihood impact and is below 100 sqm.  The use of donated land does not disrupt productivity of remaining land The bottom-line is that no livelihood or living condition from land owner and/or user should be adversely affected without having the corresponding mitigation measure. ELIGIBILITY CRITERIA/OCCUPIERS With respect to references to ‘occupiers’ of land OP 4.12 states that these embrace (a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; (c) those who have no recognizable legal right or claim to the land they are occupying. OP 4.12 states that the first two categories of occupiers are entitled to receive compensation for loss of their land; the third category is entitled to receive resettlement assistance. However, this provision must be read in the light of the requirement in OP 4.12 that at the time of the identification of the project area, a census must be carried out within the area of those who will be affected by the project and will be eligible for assistance. Persons who encroach on the project area after the cut-off date which will be the completion of the census will not be entitled to any compensation or other assistance. OP 4.12 thus makes clear that squatters , PAPs without recognized (legal or customary) title , must receive some compensation and assistance with resettlement. The rationale for this is that such persons are usually the poorest members of the community and those most likely to be the hardest hit by having to move. While this group does not have legal rights over the land, as part of the efforts to restore their livelihoods and living 23 conditions, it is good practice, in relevant cases, to provide solutions that help ensure that those affected have security of tenure at their new relocation site, in the case of those being physically displaced or being offered land for land. Sub-step 2 The second sub-step involves determining claims to compensation, assessing amounts of compensation and paying compensation. 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 near 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 APs 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 so far as possible  compensation for ‘injurious affection’i of land not taken  resettlement expenses (which for these purposes includes temporary displacement) which in turn may include o costs of moving (disturbance compensation) o financial and other assistance in provision of housing o income support and livelihood replacement including retraining 24 The issue of replacement cost is dealt with in OP 4.12 which states: “Replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this 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 fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. The details of how to calculate various heads of compensation are dealt with below. Sub-step 3 The third sub-step involves the actual taking of the land – the entering into possession of the land by the acquiring authority – and the departure and resettlement of APs. This will need to be handled sensitively with plenty of notice given to APs. OP 4.12 does not specifically deal with this sub-step but it is a necessary part of the process of acquisition, displacement and resettlement. Assistance with resettlement and displacement will include  assistance with packing up and moving including moving back on to the land after temporary displacement  provision of transport for those being resettled  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 The whole process of leaving one’s land, moving to another area, relating to a new community, getting started again is likely to be extremely stressful. There will need to be constant contact with APs both individually and via their representatives where there are substantial numbers of APs involved. A consensual rather than a confrontational approach must be taken to decision-making on awards of compensation. 25 Seven main ethnic groups and six main tribes reside along the COI. Each tribe has their own traditions and customs. Dari and Pashto are the common languages spoken in the area. Official land registries are unreliable. This will impact the length of time involved in negotiating land acquisition and resettlement action planning. Lacking any specific knowledge about local contexts (lacking household and community data) project proponents must move forward acknowledging that their presence in these economically and socially devastated urban and rural areas is intense. Thus, it will be necessary in developing RAPs on the basis of this RPF to deal with each community as a distinct and separate entity, with its own concerns and its own approaches to resettlement and temporary displacement. To what extent does law and practice in Afghanistan conform to the model of land acquisition and resettlement provided for by OP. 4.12? It is to this matter this report now turns via a table which compares the two systems suggesting ways of reconciling them. Notwithstanding the differences between the national laws and World Bank's Operational policies, in all cases of gaps between the two, the World Bank's Operational Policy will apply , unless the local requirement sets a higher standard or benefit for the Affected Person as reflected in this RPF will apply. 26 A table of comparison between the Law on Land Expropriation and OP 4.12 with proposals for reconciliation1 Law on Land Expropriation WB Operating Procedure Gaps between LLE and OP Possible solutions to gaps What RPF should provide (LLE) 4.12 (OP 4.12) 4.12 with comments PART ONE: PRE ACQUISITION PROCEDURES 1. No legal opportunities Principle that involuntary The principle behind OP 4.12 No reason why practice in Potential APs must be able to provided to potential APs and resettlement to be avoided is followed in practice in Kabul could not be applied in discuss need for acquisition others to challenge or discuss where possible implies Kabul but the law is silent on other areas and alternatives with officials proposed acquisition and discussion of necessity for and the matter. from the PIU and the Ministry resettlement or for any public alternatives to acquisition and debate and approval on resettlement proposals. In practice early discussions do take place. 2. Officials visit area before Land values assessed as at pre- No real gaps; just different No gaps A date set prior to the any official action to assess project or pre-displacement approaches to the same need to commencement of acquisition land values; values so assessed value whichever is higher limit claims and compensation. should be fixed for land are the basis of compensation. values. This should be the cut- This is practice as the LLE is off date completely silent on pre- acquisition procedures and processes. 3. As a matter of practice in Census conducted of persons No real gap here. Given the practice in Kabul, A legal framework will require Kabul efforts are made to in the area to determine there would be no problem in a census of eligible APs to be determine those entitled to eligibility for assistance, and to adopting OP 4.12 as the undertaken at the immediate compensation and resettlement limit inflow of people practice to be followed in this pre-project stage. ineligible for assistance; RPF encroachers 4. By article 6 of LLE, the Prepare resettlement plan on LLE does not provide for what There is nothing in LLE to A legal framework within the right to own or use land is how project to be implemented OP 4.12 requires. Some pre- prevent a more participative RPF allowing for a terminated three months prior and resettlement etc provided planning of projects will exist approach to acquisition as is participatory approach to to the actual start of the for. Emphasis on participation and informal discussions with called for in OP 4.12. The acquisition and resettlement project. So information on land by APs in preparation of APs involves participation. 3 three month rule could be planning and implementation to be acquired is sent to APs process and in project months notice may be too little interpreted to mean “not less would not contradict the LLE three months before implementation where relocation is likely but than three months” which and is the best way forward. 1 Gap Analysis of OP 4.12 and Afghan Legal Framework, Prof. McAuslan (2007) 27 acquisition. Informal Emphasis on early information not rigidly adhered to. would allow for discussions on discussions and negotiations to be given to potential APs of acquisition and its occur both on land to be possible resettlement consequences. acquired and on compensation. It is at this point that donations of land may be ‘invited’. 5. No special provision in LLE Prepare resettlement plan: Major gap of substance 1. The LLE is silent on 2 and 3 the preferred option. for a resettlement plan or any contents to include – resettlement but there is special arrangements for Involvement of and ensure nothing in the law to suggest resettlement. APs their rights to that a resettlement plan or (i) compensation action to implement a (ii) relocation assistance resettlement plan would be (iii) development assistance illegal. in new location. Distinction 2. Provide for resettlement drawn between short and full plan administratively but plans, depending on numbers 3. Backed up by some to be resettled. regulations PART TWO: ACQUIRING THE LAND 6. The Council of Ministers No specific procedures The spirit of OP 4.12 conflicts Spirit of OP 4.12 could be met Involvement of owners present approves expropriation of required by OP 4.12 but with LLE’s non-provision of by more protective provisions on the land to be acquired and land. Unlike the former law, content of resettlement plan involvement of the owner and or practice on dealing with greater protection for absentee there is no provision for the implies APs will be involved apart from that provided for in absentee acquisition. The owners should be provided by owner/user and or agent to be in all stages of acquisition article 5. It is not clear why silence of LLE on the details a legal framework developed present throughout all stages that is confined to “the of acquisition may be taken as part of the RPF which could of acquisition. It follows that Municipality”. Given many quite legitimately as providing also serve as a prototype for acquisition may proceed absentee owners ,it may be a gap which can be filled by regulations made under article whether the owner etc is unavoidable to allow absentee appropriate participatory 22(5) of the new law. present or not. However under acquisition. arrangements. There is no article 5 LLE ,a commission is reason why the damage to be formed “by the provisions of article 18 Municipality” on which the shouldn’t equally apply to all owner is represented to acquisitions of land. “determine damage incurred due to land expropriation” which is differentiated from 28 compensation. Damage is explained in article 18 LLE. Under article 22, the owner etc is obliged to hand over all documentary evidence relating to land to the acquiring authority 7. Under article 6 LLE after Not mentioned LLE ahead of OP 4.12 on this: A good provision. It does No change transfer of ownership, owner however make plain that the may enter acquired land and LLE is about taking harvest crops except where agricultural land and does not urgent use of land prevents this deal with the issues of grazing land or pastoralism. PART THREE: COMPENSATION PAYMENT PROCEDURES 8. The bulk of LLE deals with Fundamental principle of OP Major gap of substance in the Accommodate OP 4.12 by Given huge numbers of people compensation but says nothing 4.12 is that all those on land law but given practice in rural changing practices where not having and not going to get about who is entitled to are to be entitled to fair areas, it is not unbridgeable. necessary. formal legal titles to their land compensation. The assumption compensation and assistance Advantage may be taken of in the foreseeable future, LLE is that “owners” are entitled to with resettlement irrespective absence of legal definition of should be interpreted so those compensation but the law does of their title to land. “owner” to accommodate living and or working on land not define “owners”. The old those with customary titles at the census date receive fair law drew a clear distinction which is likely to be the compensation and resettlement between those with legal title majority in project areas. assistance. As with 6 above, and those with customary title the RPF can develop a legal or no title with respect to the framework for compensating payment of compensation. all those on the land and this Practice in rural areas was can be a model for future quite accommodating to those regulations to be made under with customary titles. LLE. Practice in Kabul is to acquire This is the one major area documentary evidence for a where there is considerable claim for compensation. divergence between LLE and OP 4.12. It will be necessary to comply with OP 4.12. 9. The Constitution provides OP 4.12 requires prompt and There does appear to be a gap 1. OP 4.12 must be Article 40 of the Constitution for payment of prior and just effective cash compensation between the LLE and OP 4.12. accommodated. Other suggests that option 3 should compensation. (English sufficient to replace the lost The LLE has a lot of gaps in it. resettlement plans developed be the preferred one. It should 29 translation).The LLE at article land and other assets at full Sensible not to insist on in connection with ADB be supplemented by guidance 2 provides for the payment of replacement cost in local market value in the absence of projects more or less ignore on how to apply the code in prior and adequate markets. reliable functioning markets. the LLE and provide detailed practice. compensation. If there is a Compensation for lost Biggest gap is compensation frameworks for assessment distinction between just and livelihoods required for squatters and even their and payment of compensation. adequate, then the Disturbance compensation best practice does provide 3. The lack of any detail in constitutional provision of just required some compensation to those LLE on how to assess compensation prevails. Land for land compensation with no legal title. compensation and the content Article 8 provides that encouraged. Practice of paying of compensation (apart from compensation shall be “the Resettlement costs and ‘start compensation into a bank even article 13) allows for the price” of land or houses or up’ expenses required. All when APs not absentee creation of a clear trees etc and article 10 these provisions can be used to difficult to reconcile with comprehensive and fair code provides that the Council of provide for compensation to prompt payment of on compensation applicable to Ministers shall determine the pastoralists and artisanal compensation. all acquisitions including price. But article 15 provides miners resettlement and retraining that the municipality and the costs which can be a part of administration for agriculture the RPF without doing determine the compensation violence to the existing law. for trees etc. Article 13 sets out detailed provisions for obtaining residential plots where a person has had land acquired; the more land acquired the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land Unlike the former law which provided for compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for APs to access bank for their compensation. Practice on the ground is 30 careful and painstaking. 10. No provision in the law on OP 4.12 requires Major gap of substance as If preferred option at 4 above The RPF should provide for resettlement support. implementation of resettlement noted in 4 above. accepted, resettlement plan the making of a resettlement Practice seems a little plan the contents of which are implementation is issue:. plan (5 above) which should haphazard and tends to turn on noted at 4 above Choice is between formal top- be based on a guided legality of occupation of APs down and participative participative approach to who are to be relocated involvement of APs which OP implementation. 4.12 requires. PART FOUR: ADMINISTRATIVE & JUDICIAL PROCEDURES 11. LLE provides for OP 4.12 silent on judicial and A major gap on grievance Develop grievance handling A combination of law and administrative agencies to administrative arrangements. mechanisms and current practices but keep them practice guidance would be the manage acquisition processes It requires appropriate and administrative arrangements in administrative rather than best way forward. and deal with compensation. accessible grievance LLE difficult to reconcile with legal. Grievance mechanisms to APs are part of some mechanisms to be established the participative approach of Make legal provision for provide for co-operation with committees dealing with for those being resettled. OP 4.12. appeals from administrative shuras and community compensation. Logic of OP 4.12’s references Earlier laws involved payment decisions and decisions on councils in areas where APs No provision for courts to be to ‘meaningful consultation’ of compensation in the compensation to an are. RPF to provide for these involved or for appeals. with APs and making use of presence of a judge and independent body. In practice, committees may CBOs and NGOs suggests allowed an appeal albeit from act to solve grievances preference for decision- the judge to a Minister. No provisions for e.g. legal aid making process which is not to assist APs to make claims. just part of the administration. Practice at least in Kabul does appear to try and help PAPs. 12. LLE does not provide for OP 4.12 states that the Major gap on procedures but Provide monitoring for WB Meaningful monitoring is any external monitoring body borrower is responsible for arguably, monitoring is not projects as required by OP required by OP 4.12. New or process adequate monitoring and part of land acquisition so no 4.12 institutions should be kept to a evaluation of the activities set legal impediment to providing Establish specialist monitoring minimum. Consideration forth in the resettlement for same. agency for all projects should be given to use instrument. involving acquisition and provincial authorities and resettlement NGOs. Regular reports should Empower provincial and local be made and published institutions to monitor projects. 31 4. Eligibility for compensation 4.1 General eligibility 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 (APs)”. For purposes of this RPF, the concepts of ‘general eligibility’ for compensation and who is an AP will be extended to include persons who may be temporarily displaced but who may be entitled to some compensation through loss of land by the erection of a tower or substation. Although it is unlikely that many APs 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 APs are and what they are entitled to under a project: (i) All APs losing land with or without title, formal land-use rights or traditional land use rights; (ii) Tenants and sharecroppers whether registered or not; (iii) Owners of buildings, crops, plants, or other objects attached to the land; and (iv) APs losing business, income, and salaries. Compensation eligibility will be limited by the cut-off date. MRRD will inform local communities regarding this cut-off date through their local offices and through the relevant local government agencies. 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. 4.2 Land Tenure and Compensation Entitlements In the case of all projects, persons who may principally be entitled to compensation will be those who may lose small amounts of land. It is necessary therefore to consider the types of interests in land that such persons may have and whether those interests would entitle them to compensation. It is important to understand the prevailing land 32 relationships and the documents and/or declarations that evince these rights over land and the various assets. The following paragraphs summarise the different types of formal and informal land ownership/possession in Afghanistan. This will be the basis for the land impacts and the more important question of who are entitled for compensation of land affected by the project. The system of Afghan property rights is broadly divided into two categories: formal and informal. Under the formal system, the 2012 proposed amendments to the Land Management Law define ownership of land as State-owned land; private land; special land of village or villages, and public land. Public land includes Mar’aa land which is divided into special Mar’aa land and general Mar’aa land. A fifth category of land is endowed land (Waqf land). Written evidences of land ownership under the formal system of property rights are different kinds of deeds or legal documents with copies in the Court Registries. Other formal written documentation may also be utilised for this purpose. Details are to be found in Chapter 3 of the Law on Land Management. Land owned by an individual is considered as private property. According to Shari’a, private property can be owned individually or collectively. Private ownership may be acquired through (a) purchase, (b), allocation from a municipality, (c) transfer of ownership of which the most common form is inheritance. In addition, private land can be acquired through the principle of “dead land” or “zameen-e-Bayer.” This classification entitles all legal owners to compensation for affected land. Village land is land verified by Afghan Independent Land Authority (ARAZI) located and linked with respective village or villages, and the residents of the same village or villages as a legal person may commonly get the use of it for their own interests for their specified purposes, and which is not under the ownership of State. Special land of village or villages shall never be purchased, sold, donated, bequeathed, exchanged, mortgaged and leased, unless CEO of Afghan Independent Land Authority agrees and the President approves otherwise. Protection and maintenance of special land of village or villages is the common responsibility of the residents of respective village or villages, particularly the respective elected land commission. Public land is classified as (a) owned by the state, (b) owned by public juridical persons, (c) allocated for public interests, and (d) recognized by law as public property. In addition to the above, cultivable land which has no owner is deemed to be public land. The law 33 prohibits acquisition of such land without the permission of the government. The state has recently strengthened its grip over land based on a statute of limitation which states that all individual claims to land that has been held by the state for a period exceeding 37 years shall be barred and the state shall be considered the owner of the property. The decree provides that all land in which the ownership of individuals is not established legally shall be considered the property of the state. This classification does not entitle an occupant to compensation for the affected land but such a person is entitled to compensation for all immovable assets which are permanently fixed on the land. Mar’aa Land meaning “dead land”. In practice, this term refers to land which is not suitable for cultivation. The concept of mar’aa requires three elements: 1) the ownership history of the land is not known; 2) it has not been cultivated and constructed, and 3) currently the land is not owned by any person. Even barren land (zameen-e-bayer) that does not have an owner may only be acquired with the permission of the government. The person who acquires and develops barren land with the permission of the government shall own the land. Shari’a generally recognizes mar’aa land as property neither owned by a private individual nor by the state and which could be acquired through renovation. Consistent with this, mar’aa land is recognized under the laws, but whoever wants to acquire mar’aa land must first secure permission from the President. In theory then, private property may be acquired in accordance with this concept. If mar’aa land is in the process of being legally acquired or have been acquired by an individual but some formal legal requirements have not been complied with, the possessor/owner is entitled to compensation for his/her affected land. Informal System of Property Rights – There are two types of owners/possessors under the informal system that will be entitled for compensation over land affected by the project. The first group entitled for compensation is the customary or traditional owners of land and their heirs. These are individuals who inherited land that their ascendants occupied for more than fifty years. The original owners were either individuals who received royal land grants (Farman) in the form of decrees or legal letters, etc from the ruler of the time, or the original settlers of the land or their survivors who peacefully occupied the land for many generations. In the rural areas, these occupants may have (1) tax receipts or are included in the tax records, (2) unofficial land deeds and (3) been declared or recognised as legitimate users of lands by community development councils, jirgas or local elders. Households or persons who hold customary or traditional deeds for their properties are 34 people who acquired de facto ownership of their land through purchase from customary or traditional owners of land. The second type of owners/possessors under the informal system entitled to compensation are de facto owners of property who have bought land or a house from legal owners but did not fulfil the legal formalities required to formalize ownership. The transaction was legal but the legal formalities required to obtain a legal deed from the competent court were not completed. In many instances, buyers and sellers conclude customary agreements based on good faith and traditional norms and disregard the need to formalize the sales transaction in a competent court. Many persons perceive that a customary deed suffices to prove ownership of their property, especially when the original owner holds a formal document. The two types of ownership/possession under the informal system of property rights have customary documents called “orfi” to prove their ownership/possession. These documents are usually witnessed by their neighbours, and especially local village and/or religious leaders. These documents include bills of sale and purchase, pawn agreements, wills, subdivision agreements, etc. These two types of informal ownership/possession will receive compensation for land affected by the project. These two types of land rights under the informal system cannot be classified any more as public land. In the customary or traditional rights, the adverse, open, continuous and interrupted possession of owners over a very long time has effectively vested in them legal rights over the lands they occupy through acquisitive prescription. In the second type of land rights under the informal system, the lands involved have been effectively segregated from the classification of public land because the lands have been titled by the former owners and the failure of the new owners to comply with the formal requisites to register the lands under their names do not change the private character of these lands. Hence, the two types of land under the formal system are by their very nature private lands and as a consequence, owners will be compensated. The other occupants of lands outside of the classifications of legal and legalisable occupancy or possession such as squatters will not be compensated for the lands that they occupy but will be compensated for the permanent improvements they may have introduced in the affected lands and restoration assistance. The other type of land occupants are encroachers. These are people who move into the project area after the cut- 35 off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. 4.3 Entitlements to Compensation & Livelihood Restoration The APs 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 APs 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 packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, mining activities incomes, etc.) as detailed below: • Agricultural land impacts -- These impacts will be compensated at replacement value of land in cash based on current market rates plus an additional indemnity for 3 months as transitional livelihood allowance. MRRD will shoulder all transaction costs such as fees, taxes, and other charges, as applicable under relevant laws incurred in the relocation and resource establishment. • Severe Agricultural Land Impacts -- When >10% of an AP’s agricultural land is affected, APs (owners, leaseholders and sharecroppers), in addition to the compensation explained above, they will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost. • Residential/commercial land impacts -- These impacts will be compensated at replacement value in cash at current market rates free of deductions for transaction costs. • Houses, buildings, structures (fixed assets) damages -- These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Compensations will include the cost of lost water supply, electricity or telephone connections. 36  Renters/leaseholders - will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. • Income from crops losses -- These impacts will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. • Tree losses -- These impacts will be compensated in cash based on the principle of income replacement. Fruit trees will be valued based on age of the tree in two categories: (a) not yet productive; and (b) productive. Productive trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates. • Business losses—Compensation for business losses will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance computed as AF x a month. Permanent business losses will be based on actual income loss or in cash for the period deemed necessary to re-establish the business . Compensation for temporary business losses will be cash covering the income of the interruption period based on a monthly allowance of AF x . Business loss is computed at AF x per day as average net income of typical road businesses such as small stores, repair and vulcanizing shops and small food establishments. The details should be part of the RAP. • Income losses for workers and employees -- Indemnity for lost wages for the period of business interruption up to a maximum of 3 months. • Agricultural land leaseholders, sharecroppers, and workers -- Affected leaseholders will receive cash compensation corresponding to one year’s crop yield of land lost. Sharecroppers will receive their share of harvest at market rates plus one additional crop compensation. Agricultural workers, with contracts which are interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the harvest . 37 • House owners/renters -- House owners/renters who are forced to relocate their houses will be provided with relocation allowance equivalent to AF x for the time necessary and will be assisted in identifying alternative accommodation. • Community Structures and Public Utilities -- Will be fully replaced or rehabilitated so as to satisfy their pre-project functions. • Vulnerable Households -- Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs equivalent to AF x and priority in employment in project-related jobs. • Impacts on irrigation canals -- Project will ensure that any irrigation channels are diverted and rehabilitated to previous standards. • Transitional Livelihood allowance -- APs forced to relocate will receive a livelihood allowance of AF x for the duration of the livelihood interruption time.. Transitional livelihood allowance is computed based on the prevailing wage rate of AF x per day times for the duration needed This is also the basis for cash compensation on lost wages. Where there is temporary displacement which lasts for less than three months, a livelihood allowance will be paid only for the period of temporary displacement. Land Replacement Values will be assessed based on a survey of land sales in project areas over the last 3 years.. Land values and compensation for other assets, will be negotiated between APs and competent authorities if concrete data on land market rates are unavailable. Easements. An easement may, for the purpose of the RPF, be described as a right of way which one person (the owner/occupier or user of the ‘superior’ or ‘dominant’ land) has over the land of another person (as specified above) of ‘inferior’ or ‘servient’ land. The occupier of the servient land is under an obligation to allow the occupier of the dominant land to come on to the servient land and the occupier of the dominant land is obliged to keep to a defined path or right of way across the servient land. It is quite possible for an easement to be limited in its scope; that is to say, an easement or right of way could be limited to be used only for a specific purpose or benefit and not confer a general right of way for the dominant occupier over the servient land. 38 An easement is a species of land right which may be the subject of a market transaction; that is the occupier of the servient land can sell a right of way to the owner of the dominant land. There is nothing in the law which would prevent one person (A) from obtaining or buying a right of way similar to an easement over the land of another person (B) even though A did not own land which could be benefited from the use of an easement over the land of B. It will be necessary for the managers and operators of e.g power lines – MRRD or a public or private sector entity which is operating the electricity supply system in Afghanistan – to have a right of way on to land on which a tower or substation is located so that they can go on to the land at any time to inspect and or to repair the towers and substations. The usefulness of using the term easement to describe this right of way is that it emphasises that the occupier of the land over which the right of way is to be acquired is being disadvantaged and is losing the full use of a small portion of his/her land. For this such a person must be compensated. However rather than receiving a lump sum for the loss of land, it is more appropriate that an annual payment in the nature of a rent or annual fee is paid for the use of the land set aside as a right of way. This ‘rent’ should be a percentage of the value of the land over which the right of way exists. Even allowing for the fact that some rights of way may be longer than others, it is recommended that in order to keep costs down, only two categories of easement are provided for; an easement to enter land to inspect and repair etc. towers and an easement to enter land to inspect and repair etc. substations. The first easement could attract an annual fee of 5% of the value of the land; the second an annual fee of 10% of the value of the land. 5. Unit Compensation Rates and Budget 5.1 Establishing Rates for Land Acquisition & Resettlement As noted in the table above at paragraphs 9 and 10, the Law on Land Expropriation refers to prompt and adequate compensation but is silent on the details of compensation, has no specific provisions on resettlement and provides for the Council of Ministers to make decisions on compensation. These provisions fall some way short of what is required by OP 4.12 but it was suggested in the table that the absence of detail could be used to the advantage of developing rules and principles of compensation. The Law does not forbid the development of detailed rules on compensation and the fact that regulations may be made under the Law suggests that that is where details may ultimately be developed. In 39 the absence of detailed rules, it does not do violence to the Law for details to be developed in the context of this RPF and applied to the project. To comply with the World Bank’s OP. 4.12, rates used to compensate for lost land and assets must be replacement cost at current market value, in order to meet the policy objective of “at least” restoring people’s livelihoods and ensuring that people affected by a project are not left worse off. According to OP 4.12, “replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this 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 fishing, grazing, or forest areas or mining assets), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. The principles and the methods of calculation of the rates of compensation suggested are drawn from a Resettlement Planning Document prepared in October 2009 for the North– South Corridor Project Mazar-i-Sharif–Pul-e-Baraq Road Section by the Ministry of Public Works (MPW) in respect of a contract to be funded by the ADB. A further point must be made about the rates. In a specific project, there would have been, as part of the process of putting a project document together, at the very least a preliminary survey of the land to be affected by the project and the numbers of APs likely to be affected and the way in which they would be affected; e.g. loss of land, loss or diminution of assets, loss of livelihood etc. Discussions would have taken place with such persons so a reasonable estimate could be made of what they would be likely to claim as compensation. So alongside an explanation of the rates that are to be applied to the determination of compensation, a budget would be developed showing the amount of money that would be needed at the proposed rates to satisfy the requirements of compensation for the APs in the project area. But an RPF is different. An RPF is prepared “when it is not possible to identify precise siting alignments or specific impacts/affected population during project preparation (financial intermediary operations, and projects with multiple subprojects)” and “a Resettlement Action Plan (RAP) is [then] prepared for each subproject that may involve land acquisition, before the subproject is accepted for Bank financing.” So an RPF cannot be accompanied by a budget showing the probable total project costs of the rates of 40 compensation which the RPF is suggesting should be applied. The budget would be a part of each RAP which would come forward once the RPF had been accepted and a particular section of the project had started. The rates for land, structures, crops and trees that have been used in the cost estimates prepared in the MPW plan were derived through rapid appraisal and consultation with affected parties through the census and inventory of loss survey and relevant local authorities. The affected households were asked about their personal valuation of the affected lands and other assets. This would be an essential preliminary aspect of an RAP. The overall budget of resettlement cannot with any certainty be determined at this stage. However, the budgeting agency needs to ensure that funds are available for the resettlement costs, including not only compensation to PAPs, but also cost of consultations throughout the process, sustaining a grievance redress mechanism, M&E, and independent consultants as required (e.g. for final review of RAP implementation). 5.2 Valuation of Land The location of the land influences the actual price per square meter: the nearer the land to a build-up area (e.g. a village), the higher the valuation and perception of the affected households. Hence, the valuation of the land is pegged on an average, the actual value depending on the nearness to a build-up area. In the valuation of agricultural land, the availability of water is very important to determine the fair value or market rates. Residential and commercial lands are largely dictated by the existing road alignment for accessibility rather that crop potential. The land prices are based on the district land prices in the district government. The prices follow the trend that the nearer the land to a population centre, the higher the price of the land. 5.3 Valuation of Structures In the study area of the MPW project, almost all structures were made of mud or mud and bricks except for some government-owned structures that used cement as the binder in lieu of mud, straw and lime. The classification of structures (temporary, semi-permanent and permanent) refers to the materials used in construction. The valuation of structures into class 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double storey building) were determined after various consultations 41 with some owners who recently build their houses, local contractors and some local civil engineers. 5.4 Valuation of Crops and Trees This was quite problematic because of lack of reliable data in terms of yield. The results of the socio-economic survey were not reliable because the majority of the respondents were not aware of size of their land holdings. Their measurements of farm lots are determined on the basis on the amount of seeds they use in sowing. Hence, they know that a certain parcel will require one kilogram of seeds and expected to yield a certain amount. Hence, in computing crop losses, a combination of four main crops was used to get the average yield and price. The unit price for crop losses for a square meter of land devoted to the four main crops was estimated at AF 5.00 per sqm, but would be fine tuned at the time of the RAP. The compensation for productive trees is based on the gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment they have required. However, during interviews on trees, the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post harvest facilities. Farmers are forced to sell tree crops when everyone one else is doing so During off-season months, the prices of tree crops quadrupled. The compensation rate for a fruit bearing tree is the average yield per tree times the age of the tree. For the non-fruit bearing trees, the usual propagation method is grafting. Farmers buy these saplings and these are ready to be transferred in the fields after two years. On the fourth year of the tree, the tree starts to produce fruits. Hence, it is on this basis that the valuation of non-bearing fruit trees was determined. The compensation for non- productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. 5.5 Income Restoration Allowances The resettlement strategy is to provide compensation for all lost assets at replacement cost in order that APs’ incomes and livelihoods are not adversely affected and where 42 possible improved. All APs whose livelihood are affected will be supported for income losses and those whose livelihoods are affected adversely provided with livelihood restoration measures (including allowances and interventions for severely affected, poor and vulnerable APs). Income Restoration Allowance for Crops Losses -- These impacts will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. Income Restoration Allowance for Business Losses -- compensation for permanent business losses will be in cash for the period deemed necessary to re-establish the business (x months). Permanent business will receive AF x a month for x months. Compensation for temporary business losses will be cash covering the income of the interruption period based on a monthly allowance of AF x Income Restoration Allowance for Business workers and employees -- Indemnity for lost wages for the period of business interruption. . Income Restoration Allowance for Severe Agricultural Land Impacts -- When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost. This will be unlikely to occur in this project. Vulnerable Group Allowance -- Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs equivalent to AF x and priority in employment in project-related jobs. Transitional Livelihood Allowance -- APs losing land or losing a house and forced to relocation will receive a livelihood allowance of AF x a month until relocation and livelihood restoration is completed Rental Allowance – House Renters forced to relocate will receive a rental allowance at the prevailing market rate until a suitable accommodation has been found and will be assisted in identifying alternative accommodation. Similar payments will be made to 43 those who suffer temporary displacement from their land or house during the erection of a tower or a substation. Project-related employment (for unskilled and semi-skilled tasks during construction) - severely affected and vulnerable groups will be given priority for project-related employment opportunities as drivers, carpenters, masons, clearing and digging work, and if possible as clerks or basic administration support staff. 6. Institutional Arrangements 6.1 General The resettlement and rehabilitation program described in this RPF involves distinct processes, dynamics and different agencies. This section deals with the roles and responsibilities of different institutions for the successful implementation of the project. The primary institutions that are involved in the land acquisition and resettlement process are the following; 1. Islamic Republic of Afghanistan (IRA) 2. Ministry of Rural Rehabilitation and Development (MRRD) 3. Project Management Unit (PMU) 4. Environment and Social Safeguards Unit (ESSU) at PMU level 5. Project Implementation Unit (PIU) 6. Implementing Non Governmental Organization (NGO) 7. Local level MRRD 8. Local Government Units (LGUs) The agencies involved in the planning and implementation of a resettlement and rehabilitation programme are MRRD as the executing agency (EA) and the Provincial and District governments together with the appointed NGO referred to above . MRRD will be acting in the project through the project management office. In the field, it will act and implement through the PIU with the support of a consulting engineer and the implementation consultant who will co-ordinate all activities related to resettlement implementation. All activities will be coordinated with the relevant local government agencies and community shura in which the package will be implemented. 44 6.2 Overall Organization – Ministry of Rural Rehabilitation and Development (MRRD) The Ministry of Rural Rehabilitation and Development will be the executing agency (EA). The minister and deputy minister will be responsible for the overall policy level decision, planning, implementation and coordination of project activities. The EA will have proper coordination with other departments of the Government of Afghanistan to resolve the following issues: 1. Land Records and Ownership. To resolve issues related to land records and ownership, a land management committee will be formed in the central level and will include members from the MRRD, Ministry of Finance, and the ARAZI (Afghan Independent Land Authority) . 2. Assets Valuation. Values of land and other assets for compensation is determined by the Council of Ministers under the LLE on the basis of the principles set out in this RPF. The decisions are based on the recommendation of a committee consisting of the following (i) the landlord or person who uses the land or their representatives, (ii) an official representative of the agency that needs to acquire the land (e.g. MRRD), (iii) a representative of the local municipality, (iv) a representative of the Ministry of Finance, and (v) a representative of the Ministry of Justice. 6.3 Project Implementation 6.3.1 Ministry of Rural Rehabilitation and Development (MRRD) MRRD, through the project management unit (PMU) will be responsible for the approval and implementation of a Land Acquisition and Resettlement Plan (LARP). Within the PMU, LARP tasks will be handled by two units described below. Local MRRD office and local governments will be responsible for co-ordinating activities in the field including the organization of surveys, consultation meetings, and the fixing of specific compensation rates based on the principles set out in the RPF. The provision of the LARP compensation finances will be the responsibility of MRRD and the physical delivery of compensation to the APs will be assigned to a committee selected by the MRRD which will include members such as the local governments but under the supervision of the PMU and of the Supervision consultants. 45 There will be two units within the PMU that will be involved in the implementation of the LARP, namely the Environment and Social Safeguards Unit (ESSU) and the Project Implementing Unit (PIU). The ESSU will be primarily responsible for the social safeguard issues. The PIU will be responsible for the daily field level activities, getting all the necessary clearances required to initiate and implement all resettlement works. It will coordinate with the ESSU in the implementation of the project. As necessary, the ESSU/PIU will coordinate with ARAZI, Cadastre Survey Department, local Governorates, NGOs and the CDCs. The PIU will be responsible for ensuring that all stages of the processes of resettlement, determining and paying compensation, and acquiring land are fully documented and that hard and soft copies of the records are at all times kept in a safe and secure environment. An international social safeguards and resettlement specialist will be retained as an advisor to the ESSU for resettlement issues. In addition, a national safeguards officer will be appointed and local safeguards officers will be located in each of the regional offices. The international safeguards adviser will have overall responsibility for ensuring/monitoring compliance with safeguards. The international adviser would be responsible for mentoring/building the capacity of regional safeguards officers to (i) work with regional technical teams to ensure adherence to safeguard requirements at each stage of sub-project development and (ii) facilitate outreach to other development agencies. 6.3.2 Implementing NGO The specific tasks of the implementing/supervisory NGO will be as follows: 1. Work under close coordination with the ESSU/PIU, local government units and MRRD local staff to implement the LARP. 2. Assist the ESSU/PIU in dissemination of the LARP and other resettlement related information. 3. Generate awareness about livelihood restoration activities and assist the APs to make informed choices including participating in government development programmes. 4. Identify training needs of APs for income generation activities and ensure that these are properly funded. 5. Provide counselling and awareness generation to resolve LARP related grievances and assist in seeking redress to unresolved grievances from land acquisition and resettlement disputes with the Grievance Committee. 6. Assist the APs in claims for just compensation including the collection of timely and 46 complete payments. 7. Submit periodic implementation reports on LARP. 8. Conduct and/or undertake any other activities that may be required in the successful implementation of the LARP. 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 focal agencies; and must be willing to undergo training in resettlement work for project implementation. 6.3.3 Local Government The cooperation and coordination of the local government units (LGUs) are vital in LARP implementation. These are the provincial government, district provincial government, villages and local CDCs. 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. 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. 6.3.4 Gender It is appropriate to draw special attention to gender issues within the context of project implementation. What follows draws heavily on the report of the Social Safeguards 47 Requirements Review for MEW’s EIRP from 2010, which reflects on gender norms and gendered division of labor in rural areas Discussions with women in projects/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. Factors such as absence of male family members from the village, ethnicity and local cultural norms all affect women’s role in agriculture. For example, in Herat the consultant heard that women had primary responsibility for cultivating vegetables and fruit trees as well as looking after sheep. Women considered sheep the second most important household asset after land. In some Mazar villages it was also accepted practice for women to carry out agricultural work in the fields ( e.g. weeding and harvesting) where their husbands or other male family members were absent from the village. In Jalalabad women said they have responsibility for looking after animals and poultry close to their home although examples were given of poor women and widows working in the fields away from the immediate household. Representatives from women’s Community Development Councils (CDCs) in villages visited said that they had some knowledge of schemes and projects through their husbands or other family members. In Mamizal (Turkmani) and Shahara Khiz (Tajik) women CDC members expressed the view that if projects were beginning in their villages now, they would be consulted from the outset and much better informed about the project’s progress as a result of membership of the CDC. In both villages women CDC members said that the head of the men’s CDC regularly consulted t he head of the women’s CDC on planned projects for the village and that women were able to influence the prioritisation of these projects. The government’s commitment to addressing gender equality principles in social and economic development is evident in the Afghan National Development Strategy (ANDS). 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 LARPs. 48 The current consultation approach tends to assume that communities are essentially homogenous. Specific efforts are not made to seek the views of those groups within communities who are not usually involved in decision-making processes, particularly women. In projects under the MRRD, 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 ESSU within the PMU will have special responsibility to  Ensure that MRRD uses women’s CDCs to enhance outreach to women.  Revisit incentives in order to attract women to work in LARP and in other capacities at regional level.  Identify NGOs working with women in locality and consider whether/how to ‘piggy-back’ on their work in order to increase the effectiveness of projects.  Ensure implementing NGOs have female project officers 7. Public Consultation and Participation 7.1 General Public Consultation This section describes the mechanisms for public consultation process with the APs, disclosure of the RPF and corresponding LARPs through distribution of informative material to create awareness among the APs regarding their entitlements and compensation payment procedures and grievances redress mechanism. 7.2 Public Consultation In addition to informal day-to-day meetings among APs, MRRDlocal staff, FPs , and other stakeholders, the formal consultation process in the project will be ongoing and will be managed by the PMU through CDC/ community meetings and public consultations with government officials. All these mechanisms and approaches will also be used during the collection of baseline socio-economic data from the APs; and the preparation of LARP and disclosure of LARP to the APs, as explained below. 7.3 Community Meetings 49 A series of community meetings will be held, where the census and socio-economic surveys will be explained and later carried out. The aims and objectives of a project will be explained as will the necessity for, processes and outcomes of any resettlement or temporary displacement. The CDC and stakeholders meetings will be scheduled based on the availability of the participants. The FPswill be responsible for conducting community consultations. The community consultations will follow the principles laid out in NSP’s Operation Manual and the process will be facilitated by CDCs. The consultation process with CDCs will include elders and other key actors who are part of the same community. The implementing agencies will ensure that all occupants of land and owners of assets located in a proposed subproject area are consulted. There will be gender-separate community meetings for each affected mantaqa/gozar (urban infrastructure) or village (other projects) to inform the local population about their rights to compensation and options available in accordance with these Guidelines. The minutes of the community meetings shall reflect the discussions held; agreements reached, and include details of the agreement. The implementing agency shall provide a copy of the Minutes to affected persons and confirm in discussions with each of them their requests and preferences for compensation, agreements reached, and any eventual complaint. Copies will be recorded in the posted project documentation and be available for inspection during supervision”. In the socio-economic survey, the project will list the names of the owners/users of assets likely to be acquired, temporarily used or damaged for which compensation will be payable and the MRRD will prepare a land acquisition and resettlement plan (LARP) for each defined section of the project that will ensure that all these affected assets are justly compensated. The approved LARP will be presented and explained to all affected households and persons and other interested parties. The census survey will conducted in the affected lands. At all times, all people will be encouraged to express their own options about resettlement. These will be relevant to the resettlement options of the APs themselves The primary purpose of these meetings will be to provide the affected households and persons and host communities the opportunities to air and ventilate their issues, concerns and opinions about the project while on the side of the supervision consultants, it is also an opportunity to clarify and elucidate initial results of surveys as well as inquire on subject matters that were not sufficiently covered by questionnaires. 7.4 Consultations with Government Officials and Other Stakeholders 50 The supervising consultants will meet with provincial and local officials to ensure that they are fully appraised about the project including the formulation and details on the implementation of the LARP. The PIU will coordinate with land valuation committees. There will be coordination with the district governors which have jurisdiction over the sub-project areas as well as village leaders. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders. 7.5 Preparation of Project Specific Informative Material Project specific informative materials will be prepared and distributed to the APs to create awareness among the APs regarding their entitlements and compensation payment procedures and grievances redress mechanism. They will cover the following:  After approval of this RPF by the World Bank, it will be translated into local languages and disclosed to the stakeholders especially affected persons by the MRRDthrough consultants and at village meetings. LARPs for sub-projects will be made available to the concerned district governments, CDCs and directly affected households and MRRD’s field offices as an official public document. This RPF will also be disclosed on the MRRD website.  A summary of this RPF will be prepared specifically for this purpose and will be translated into local languages and presented to all APs in the form of a pamphlet/ brochure, to enable the APs and local communities to read it by themselves and be aware of the benefits/compensations to be made to available for various types of APs, as given in the ‘entitlement matrix’. MRRDfield staff, FPs will distribute the brochures through the village meetings and will explain the mechanisms and procedures of the consultation programme and how APs will be engaged in resettlement activities and the overall process.  A cheque disbursement schedule – or preferably transfer of compensation through e- paisa to PAP bank accounts, explaining the date, time and venue for disbursement of compensation cheques of each AP will be prepared in local languages and distributed to all APs. This will also be disclosed in the village meetings.  A package containing following information material will be prepared for each AP. o Inventory of AP’s losses o Schedule for compensation cheque disbursement explaining the date, time and venue for receiving cheque, vacating land and demolition of structures 51 o Pamphlet/ brochure in local languages o Any other relevant information for the AP 7.6 Disclosure Key features of this RPF will be disclosed to the APs through the village meetings, and informal interaction between the APs, consultants and PIU staff. After its approval by the World Bank, the disclosure plan will be followed:  Provision of the RPF in local languages and English to PIU, MRRD field offices, APs, provincial officers and district provincial offices, other local and district level offices of the concerned agencies and FPS.  Disclosure of the RPF in village meetings  The RPF will be available in all public institutions for general public information  Posting of RPF on MRRD website  Publicity will be given to the RPF through all forms of media  Provision of information packet to all APs The local safeguards officers will again conduct meetings with the PIU staff, local government units and other government agencies as part of the disclosure process to acquaint them of the substance and mechanics of the RPF. They will be responsible to return to the affected villages and communities once this RPF is approved by MRRD and the World Bank and conduct disclosure activities through village meetings and meetings with water users’ associations to ensure that affected households will be familiar with this plan before the actual implementation commences. 8. Preparatory Actions and Implementation Schedule 8.1 Preparation Actions MRRD/PMU will begin the implementation process of each section of the project immediately after its approval by the World Bank. It will initiate some actions as groundwork and certain preparatory tasks regarding implementation of the LARP as follows:  Establishment of a Project Management Unit (PMU) and Project Implementation Unit (PIU)  Creation of post of National Safeguards Officer (NSO) 52  Creation of posts of regional safeguards officers (RSOs)  Appointment of two types of resettlement specialists (consultants)  Establishment of Affected Persons Committees (APCs)  Conduct socio-economic survey/census  A series of public consultative meetings and workshops with APs and local representatives and active involvement APs for the preparation of the final LARP  Endorsement of the first LARP by PMU and PIU and its submission to World Bank for approval  The process for developing the budget for compensation of land, trees, and crops will have already been coordinated with the Ministry of Finance  Establishment of criteria, requirements and procedure for disbursement of compensation cheques  Identification of the implementing consultant that will assist MRRD in LARP implementation  Development of internal monitoring indicators and procedures  Identification of external monitoring agency who will undertake independent monitoring MRRD is also committed to provide adequate advance notice to the APs and pay their due compensation based on the eligibility criteria defined in this RPF for resettlement including relocation and income restoration/assistance prior to start of construction work. The APs of affected structures/assets (houses, shops, etc.) will be paid their due compensations at least three months (90 days) prior to demolition of any structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and reestablishment of businesses. Payment of compensation of assets other than structures (land, crops, and trees) will be made at least 90 days prior to actual possession of the space being utilized by the APs. However, in case of a dispute regarding the compensation amount, up to 70% of the assessed/allocated amount of compensation will be paid to APs and the rest pledged in an escrow account in the names of the concerned APs, pending the resolution of the dispute. In case of dispute over rightful ownership, the compensation would be deposited in an escrow account awaiting the court resolution of rightful ownership. In such an exceptional case, the MRRD may possess the land without full payment of compensation. Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this RPF. However, all activities related to land acquisition and resettlement 53 will be completed prior to initiation of civil works in connection with the transmission line, the erection of towers and substations with resettlement and temporary displacement impacts. In case of absentee owners (e.g. conflict displaced persons), the compensation amount would be deposited in an escrow account and issued to the rightful PAP upon verification of identity and claim. The government will take all appropriate means (through electronic and written media, words of mouth through community relations) to identify/locate absentee landowners and provide documentation of these efforts. 8.2 Process of LARP Implementation The following paragraphs explain in detail how compensation will be delivered to APs and the prerequisites needed in triggering the release of financial resources to the ultimate beneficiaries. These steps are formulated in the light of the assumed availability of finance, the security situation, and travelling time. No account is taken of the likely situation in any province or district where sub-projects might take place. The steps for the delivery of compensation for all eligible APs will be the following: i. Obtain financial resources based on the final budget of each LARP. PMU shall obtain the needed money for its counterpart to fund the land acquisition component from the Ministry of Finance. ii. Verification of the list of qualified APs: PMU through the implementing consultant will verify the list of APs provided in the LARP to ensure that all eligible APs will be properly compensated and non-eligible APs will be excluded. To ensure that identification and qualifications are guaranteed, village elders and community Shuras will be consulted to resolve issues rising from the list. iii. Notification of a detailed compensation package: PMU through the implementing consultant will prepare and provide each APs with a detailed breakdown of affected assets, and the unit cost of each asset affected and the total compensation that they will receive. iv. Final conciliation/expropriation: APs who disagree with the amount of the detailed compensation package and how it was arrived at will be provided with a last or final chance to settle these issues with the implementing consultant facilitating this meeting. In the event that PMU and the APs still cannot agree, the PMU will file expropriation proceedings in the appropriate court, asking that MRRD be permitted to take possession of the affected asset. The PMU will pay the AP 70% of the contested sum and deposit the remaining amount in an escrow account in a bank . 54 v. Locate absentee owners: The PMU through the implementing consultant and village leaders shall try to locate absentee owners of affected assets. There are some cases where owners are residing or working in other places and every effort must be undertaken to locate these absentee owners. vi. Notification to the public: available media and community bulletin boards will be utilized to inform the public that lands with the corresponding owners will be affected by the project. These will provide sufficient time for any adverse claimants on lands that will be affected to raise their opposition or claims over the affected lands. vii. Preparation of invoices: Invoices for each of the eligible APs will be prepared by PMU/Implementing consultant. This document entitles each of the APs to receive the amount indicated in the invoice. viii. Delivery of the money to local bank: the money from MRRD/MoF will be remitted to a local bank in the nearest town to the sub-project site. However, the MRRD/PMU may remit the money for compensation to any bank of its choice. The bank account will be opened by PMU which will receive from Kabul the compensation in behalf of the APs. ix. Payment: the APs will each receive a cheque for the whole amount of compensation from the PMU. The AP 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 AP receiving the cheque as part of project documentation. x. The AP 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. APs 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 saving account will be part of the information to be provided by the implementing consultant. 9. Complaints and Grievance Redress Based on the LLE when private landholdings are acquired for public purposes such as dam building, compensation is paid to the owner based on the category and location of the affected land and the values of land for compensation are determined by the Council 55 of Ministers. The decision is based on the recommendation of a land acquisition committee (LAC) consisting of the following members:  Affected person who uses the land or his/her representative,  Representative of Ministry of Rural Rehabilitation and Development,  Representative of the Ministry of Finance,  Representative of the Ministry of Justice, and  Representative of the local municipality, The land acquisition process is initiated with the constitution of the land acquisition committee. As land and other assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual’s property by the state. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the value of compensation. The LAC inquiries into the matter and reviews the valuation and tries to arrive at a win-win solution. The whole process is based on a negotiated approach and as the AP or his/her representative is a member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets lost. The LAC thus also performs the tasks of a grievance redress committee. However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the matter to a Grievance Redress Committee (GRC) to try to resolve the issue. It should be pointed out however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an advisory body or facilitator to try to resolve issues between the affected household and the MRRD/PMU who would implement the valuation based on the decision of the LAC. The GRC will be composed of the following members:  Affected person or his/her duly appointed representative,  Representative of the local administration (from the office of the governor),  Representative from MRRD - ESSU,  Representative from the local legal department, Representative of the implementing FPThe grievance redress committee will register the unresolved matter and meet to try toresolve the issue. A recommendation should be made within 7–10 working days. In the case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. If no decision has been promulgated after 10 working days from the last meeting of the grievance redress committee, the affected person may take the issue to the next level. The AP always has the final recourse to seek redress through the legal system. 56 However, every effort must be exerted to avoid this alternative because it entails loss of time and expenses of the part of the AP. As the concept of just compensation for affected assets for public works such as dams or for major commercial or infrastructural activities such as development of electricity transmission lines is new to Afghanistan, the ESSU and the implementing consultant (NGO) will assist in disseminating this concept to APs, its procedures and prerequisites in filing the proper complaints. The process of grievance redress has been made simple to hasten the process of decision-making and facilitate getting on with the works. The grievance redress committee includes a representative from the local administration and the affected individual. Grievances are expected to be redressed locally within the existing framework. 10. Monitoring & Evaluation 10.1 General Project activities will undergo both internal and external monitoring. Internal monitoring will be conducted by the PIU, assisted by the Supervision Consultant. External monitoring will be assigned to an independent External Monitoring Agency (EMA) to be hired by MRRD/PMU, and approved by the World Bank. 10.2 Internal Monitoring Internal monitoring will be carried out routinely by the PMU through the PIU and results will be communicated to World Bank and the MRRD 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 LARP 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 APs;  Status of land acquisition and payments on land compensation;  Compensation for affected structures and other assets;  Temporary displacement of APs  Relocation of APs; 57  Payments for loss of income;  Income restoration activities.  Grievance received and status of redress 10.3 External Monitoring The implementation of the CASA CSP project will 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 ToR for the Third Party Monitoring will be part of the LARP). The 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 recommend to MRRD/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. 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 APs in the post-resettlement period;  Communications and reactions from APs 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 APs in the post resettlement period. For each specific section of the project, the EMA will carry out a post-implementation evaluation of the LARP about 1 year after its implementation to find out whether the LARP 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 58 assistance for the APs in case the outcome of the study shows that the objectives of the LARP have not been attained. 10.4 Management Information Systems All information concerning resettlement issues related to land acquisition, socio- economic information of the acquired land and affected structures, inventory of losses by APs, compensation and entitlements, payments and relocation will be collected by the implementing consultant. This data bank would form the basis of information for RAP implementation, monitoring and reporting purposes and facilitate efficient resettlement management. 10.5 Reporting Requirements The implementing consultant will be responsible for supervision and implementation of LARP and prepare monthly progress reports on resettlement activities and submit to the PMU for review. The implementing consultant will also monitor RAP implementation and submit quarterly reports to MRRD/PMU and the World Bank. The external monitoring agency (EMA) will submit bi-annual reviews directly to the World Bank and determine whether or not resettlement goals have been achieved; more importantly whether livelihoods and living standards restored/enhanced and suggest suitable recommendations for improvement. 59 11.1 Matrix of Actions under the RPF ACTIONS, MEASURES, COMPENSATION ENTITLEMENTS AND CATEGORIES IN THE RPF ACTIONS TO IMPLEMENT THE PROJECTS Who What When Why (Objective) Comments MRRD Establish liaison arrangements Assuming these arrangements To facilitate the smooth The vital first step in the with other Ministries and already exist with respect to implementation of the process of developing the agencies which will earlier or existing projects beginning and operation of the project necessarily be involved in the involving MRRD they can be project CASA CSP: ARAZI; MOF; utilised as soon as possible to MOJ; bring Ministries up to date on future projects MRRD Establish PMU in two On approval of RPF by World Creation of the internal Preparatory work to be done divisions: Bank Ministry arrangements to before approval of RPF 1. ESSU implement RPF 2. PIU MRRD Appoint national safeguards Desirable to appoint these Creation of internal Ministry Early appointment will officer and regional safeguards officers well before the arrangement to implement facilitate training of these officers commencement of the project RPF officers. Training organised by ESSU MRRD Commence the preparation of As soon as possible and not To give as much advance No need to wait for approval materials on the RPF for later than end 2013 publicity to any project as of RPF by World Bank. This distribution to probable APs possible and to alert probable work should start as soon as APs of resettlement possible MRRD Prepare terms of reference for As soon as possible and mot To ensure rapid recruitment There will need to be international social safeguards later than end 2013. processes once RPF approved considerable consultation on consultant Advertisements can go out this post so action needs to before RPF approved but start early on appointment would be dependent on RPF approval MRRD Appoint the implementing Initial work on appointment – The implementing NGO will Where no or very small-scale NGO/consultant which is terms of reference; basic have an important role to play resettlement will take place, going to carry out the requirements for an in all significant resettlement the ESSU and the regional processes of resettlement NGO/consultant to be exercises. safeguards officer could be the qualified to apply; vetting implementers but anything 60 applicants – can start in early over that and the implementing 2014. Appointment would not NGO would be involved. be made until RPF approved MRRD Continue with process of ongoing To ensure no delay in process No comment needed. Self- fixing the route of the of erecting the transmission evident action. PIU transmission line and location lines of substations and preparing technical plans MRRDEW Where likely resettlement will This action should begin to be To ensure no delay in Processes for preparing RAP be involved in a site located for incorporated into plans beginning of implementation set out in the text of RPF a power substation begin developing the sites for action. preparation of RAP under the RPF MRRD Census of residents and As early as possible once An essential first step in the Explanation of the importance probable APs within sub- project site identified process of resettlement of this in the RPF project area MRRD Begin the processes of Alongside taking the census of An essential first step in the Consultation must be genuine. publicity and consultation with APs process of planning As much information as APs. resettlement and developing a possible must be given to APs. resettlement action plan Utilise village meetings and other community processes MRRD Consult and liaise with local Alongside consultation with Essential to ensure that These bodies will be needed to governments and regional APs Ministries and local assist with village meetings offices of associated Ministries governments know of what is and consultation with APs. on above actions. happening MRRD Undertake the process of Part of the process of Compensation and the process ESSU and NGO will be inviting APs to submit claims consultation and preparing an of resettlement are at the heart involved here for compensation; assessing RAP as an RAP must contain of an RAP and its discussing and settling claims precise details of the implementation. with APs compensation and resettlement payments GRC The GRC will be involved in The GRC should be ready to To assist in the process of The GRC must be prepared to attempting to settle any be involved from the settling claims to work speedily and flexibly so grievances which APs may commencement of the process compensation as to ensure that the project 61 have over the compensation of assessing and determining does not get bogged down in that they are being offered the compensation payable to never-ending disputes about APs compensation. MRRD Finalise RAP Preparation of RAP is a A necessary step to RAP must be approved by continuous process commencing action on the World Bank commencing with consultation ground in connection with census taking MRRD Prepare information pack for The information pack to be The pack provides all the basic This is a vital component of an each AP distributed when RAP information which an AP will RAP. The details of what must approved need to know. What is to occur be in the information pack are on resettlement; how much contained in the RPF compensation will be provided; how the compensation will be provided and the opportunities for complaints and settling same. MRRD Implement the compensation Everything should be ready to Once the APs have been paid It is absolutely vital to bear in and resettlement processes of be rolled out once the RAP is their compensation and been mind that all APs claims must the RAP approved resettled, infrastructural be settled (subject to the activities on the ground may limited exception of payment commence of only part of compensation if a dispute is going to court as set out in the RPF) before entry may be made on to land from which APs have been moved and infrastructural activities may commence. Implementing NGO/consultant 1. Work closely with ESSU in Throughout the execution of The presence of an This is a key element in the generating awareness of all the RAP independent agency whose RPF. It will be important that a aspects of resettlement and prime function is to act on reputable and effective NGO is compensation behalf of and support APs in appointed and that the external 2. Work closely with APs in their claims for compensation monitoring body has terms of assisting in making, is designed as a guarantee that reference that embrace the negotiating and if necessary the process complies with monitoring on the NGO taking to the GRC claims for principles of substantive and compensation procedural (administrative) 62 3. Submit regular reports on justice the process to MRRD and the monitors GRC Handle AP grievances over During the process of As with the implementing Another key element on the compensation determining compensation. NGO, a GRC is a further RPF. Important that the Meet regularly and aim to guarantee to APs that the members of the GRC see settle disputes within 10 days. process is both substantively themselves as independent and (a second and independent operate accordingly. They are opinion on compensation) and not there ‘to save government procedurally ( an AP can have money’. a hearing and put his/her case) fair MRRD Internal monitoring conducted Throughout the process of the The PMU is responsible for An essential aspect of the RPF by PMU implementation of an RAP managing projects. It will not as it provides an element of with regular reports to the have the major hands-on role project assurance to the World World Bank which will be that of the Bank with respect to the implementing NGO. So it is in implementation of CASA CSP a good position to monitor and report on what is happening and will do that via officers of MRRD in the field EMA. Must be independent of External monitoring conducted Throughout the process of the An independent overview of The independence of the EMA all bodies involved in the by the EMA. implementation of the IDRP the implementation of the must be assured in the contract implementation of CASA with regular reports to the CASA CSP between it and the MRRD. CSPand with independent World Bank and guaranteed The World Bank has a standing in its own right. access to sites; APs; substantial interest in the EMA Could be a University documents; officials in and its outputs so will likely be department or a consortium of MRRDand other relevant involved in the selection departments. public and private bodies process. 11.2 Matrix of Compensation Entitlements and Rates 63 ELIGIBILITY CRITERIA FOR IDENTIFYING APs Who is eligible What are they eligible for How to determine eligibility What’s the objective Comments and compensation levels Landowners Loss of land and rights to 1. Official documentation The aim of OP. 4.12 is to As the matrix on the land issued by or on behalf compensate all those who comparison of the LLE and government have lost ‘their’ land. OP OP 4.12 shows, there is 2. Customary documents; :i.e. 4.12 goes beyond technical nothing in LLE which documents recognised by both rules of law or evidence prevents the approach of 4.12 official and customary law as which in part are designed to being adopted here giving rise to ownership rights bring disputes over land to an 3. Oral and other evidence end and ensure security to with probative value that the title. OP 4.12 aims at simple claimant and his/her family and substantive justice: “if have been in occupation of the you’ve been on this land for land for at least 35 years. a long time and there is good 4. Open, continuous and evidence of that then you interrupted possession of should be compensated for persons over a very long time losing it” which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. Squatter Permanent improvements Observance of permanent The objective here is to Ditto to above. they have made to the land improvements; questioning the compensate the squatter for they have occupied squatter and neighbours on expenditure on the land but when improvement made; not for the value of the land consulting maps and other itself relevant documents Agricultural tenants and tenants of Loss of income Cash compensation A fair approximation of loss Ditto artisanal mines corresponding to one year’s of income crop yield of land lost. Sharecroppers Loss of income Their share of the harvest at Ditto to above Ditto market rates plus one additional crop compensation. 64 House owners/renters Costs of relocation to other relocation allowance of Afs x This is a very standard Not specifically provided for accommodation per months until suitable element of compensation in in LLE but nothing to stop is accommodation established, all systems being paid and assistance in identifying alternative accommodation Loss of livelihoods by Replacement costs for all 1. losses will be compensated The aim is to provide a This is already an approach agriculturalists losses at replacement value in cash reasonable measure of which has been accepted in based on current market rates compensation for loss of Afghanistan plus an additional . Indemnity livelihoods but on the for x months as transitional assumption that APs will livelihood allowance. make a go of things on their 2. When >10% of an AP’s new land. It provides agricultural land is affected, temporary relief but not an APs will get an additional amount which invites future allowance for severe impacts indolence equal to the market value of a year’s net income crop yield of the land. Residential/commercial land Replacement costs for all Replacement value in cash at See above. The same Ditto impacts losses current market rates free of reasoning applies deductions for transaction costs Those who lose or have buildings Replacement costs These impacts will be See above. Ditto damaged compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Renters/leaseholders will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. Those who lose income from crop Replacement of lost income These impacts will be See above Ditto losses compensated through cash 65 compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. Those who have lost income from Replacement of lost income Income replacement based on See above Ditto loss of trees types of trees lost. Those who have suffered business Replacement of lost income Compensation for business See above Ditto losses losses will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance. Those who have suffered loss of Replacement of lost wages Compensation, based on actual See above Ditto wages for a limited period income loss for time duration until income source . Vulnerable households Additional compensation Vulnerable people (APs below This is a recognition that Ditto over and above strict loss of the poverty line, women those classified as vulnerable income household heads, mentally households will likely suffer challenged headed households, losses over and above etc.) will be given assistance in income loss and will find it the form of a one-time especially hard to get started allowance for vulnerable APs again somewhere else. equivalent to AF x and priority in employment in project- related jobs. Transitional living allowance for Disturbance compensation APs forced to relocate will This is a standard head of Ditto APs forced to relocate receive a livelihood allowance compensation in most of AF x a month for three systems of compensation. months. Transitional livelihood allowance is computed based on the prevailing wage rate of AF x per day times during 66 transition time .. ESTABLISHING VALUATION RATES FOR ACQUISITION What is being valued How is valuation conducted Input of APs Indicative figures Comments Matters common to all specific Rapid appraisal; consultation Yes but not necessarily Where figures are given they none types of valuation with APs; information decisive are indicative only being derived from census and based on a 2009 valuation from local authorities exercise. They will almost certainly be changed when budgets for RAPs are developed CASA CSPCSP Land including easements (rights of Valuation of the land is Land values are so far as None Land values are dealt with way) over land pegged on an average, the possible determined on the after a fashion in the LLE.. actual value depending on basis of ‘objective’ factors but The Council of Ministers the nearness to a built up it is not possible to ignore the determines values but there area. Land prices are based assumptions of APs about land is a local process that on the district land prices in values which do play a part in valuation goes through. the district government valuation Structures Structures may be classified In the project from which these None This approach to structures (temporary, semi-permanent classifications are based, they seems a good one to adopt. and permanent) based on the were arrived at after various Some APs considered that materials used in consultations with some the length of time a structure construction. They may be owners who recently build had been standing should classified into class their houses, local contractors affect value but this was not 1(mud/brick/wood walls, and some local civil engineers. a factor used in valuation mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double storey building) Crops in computing crop losses, a The unit price for crop losses Valuation was problematic combination of four main for a square meter of land because of lack of reliable crops was used to get the devoted to the four main data in terms of yield. The average yield and price.. crops results of the socio-economic survey were not reliable because the majority of the respondents were not aware of size of their land holdings. 67 Trees Compensation for productive During interviews with APs on The compensation rate for a The same point as above trees is based on the gross trees, it was pointed out that fruit bearing tree is the applies here too market value of 1 year the fluctuation of the value of average yield per tree times income for the number of tree products was influenced the age of the tree. years needed to grow a new largely by the supply and tree with the productive demand and the absence of potential of the lost tree. post harvest facilities. Fruit Non-productive trees are was sold when all other valued based on the multiple farmers sold their fruit. In the years investment they have off-season, prices were higher required. but few farmers could store Compensation for non- their crops until then productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. Restoration of income cash compensation at current No apparent input from APs. No figures can be given As noted in column 3 this 1. Crop losses market rates for the full But there may be disputes may not be as harvest of 1 agricultural between owners and straightforward as it seems. season. In case of sharecroppers which officers Inter-AP disputes may erupt sharecropping, crop from the implementing NGO and the GRC called into compensation will be paid and possibly from ESSU might action. both to landowners and become involved in tenants based on their specific sharecropping agreements. 2. Business losses compensation for permanent The figures in the next column Permanent business will This is another area where business losses will be in do not seem to admit of receive AF x a month for 6 disputes could arise but cash for the period deemed negotiation but there will be an months. between those offering and necessary to re-establish the issue of whether a business is Temporary business losses those receiving business Compensation for permanent or temporary on will be paid for a limited compensation. temporary business losses which APs will wish to be number of months at AF x will be cash consulted and have their views a month taken on board 68 3. Income restoration for workers Indemnity for lost wages for This does not admit of much No figures because wages Ditto but in addition, there and employees the period of business negotiation although there may differ depending on the work could be disputes between interruption be differences of opinion of being done employer and employee on what count as wages wages which the project will have to arbitrate on. Income Restoration Allowance for When >10% of the Given the problems of No figures because the exact Although this has the Severe Agricultural Land Impacts. agricultural land of a AP is measurement of APs’ sums of money involved will appearance of objectivity for affected, APs will get an holdings – see above column 5 depend on the use to which reasons noted in column 3 additional allowance for on crop losses – this may be the land is being put there may be disputes which severe impacts equal to the difficult to compute and will need to be handled market value of a year’s net careful negotiations with the sympathetically. income crop yield of the land APs will be necessary lost. Vulnerable group allowance Vulnerable people (APs There will need to be careful A one-time allowance for Whether this will be seen as below the poverty line, and sympathetic consultation vulnerable APs equivalent to adequate will depend on the women household heads, and negotiation with these APs at least AF x and priority in income forgone. It might be mentally challenged headed employment in project- advisable to build in some households, etc.) will be related jobs. flexibility here hence the ‘at given assistance. least’. Transitional livelihood allowance APs losing land or losing a Disturbance is a standard head At least AF xa month for This is very much a house and forced to relocate of compensation but it will transitional period ‘guestimate’. It may be the will receive a livelihood need a willingness to be best that can be done in the allowance. flexible on rates as disturbance circumstances. Here too the is not an objective matter. words ‘at least’ have been added to provide for some flexibility Rental allowance House renters forced to Negotiations with APs central x months’ rent at the What the prevailing market relocate will receive a rental to the operation of this head of prevailing market rate in the rent is must differ from place allowance and will be compensation project area to place. It is probably not assisted in identifying worth while trying to create a alternative accommodation ‘shadow’ market. As with other heads of ‘allowances’ some flexibility must be built into the outcome. 69