RP1593 Electricity Supply Accountability and Reliability Improvement Project (ПППÐ?Э/ESARIP) Construction of a new substation 35/6/10kV “Orto-Sayâ€? RESETTLEMENT ACTION PLAN Bishkek, 2014 “Severelectroâ€? OJSC Project implementation unit (PIU) Electricity supply accountability and reliability improvement project (ПППÐ?Э/ ESARIP) (P133446) Construction of a new substation 35/6/10kV “Orto-Sayâ€? Electricity Supply Accountability and Reliability Improvement Project (ПППÐ?Э/ESARIP) Construction of a new substation 35/6/10kV “Orto-Sayâ€? RESETTLEMENT ACTION PLAN February, 2014 Safeguards consultant E. Kutmanova Certificate ПР-8.1 â„– 015872 valid through 2016. Bishkek city Tel: +996 709 57 39 30 E-mail: ekutmanova@mail.ru 2 TABLE OF CONTENTS page I. ABBREVIATIONS AND GLOSSARY OF KEY TERMS .................................................. 4 II. EXECUTIVE SUMMARY ................................................................................................ 5 1. JUSTIFICATION OF NECESSITY FOR CONSTRUCTION OF A NEW SUBSTATION . 8 2. LEGAL FRAMEWORK .................................................................................................... 8 3. IMPACT ASSESSMENT ............................................................................................... 10 3.1 CENSUS .......................................................................................................................................... 10 3.2 CATEGORY OF PERSONS ELIGIBLE FOR COMPENSATION DURING RESETTLEMENT .................................................................................................................................. 12 3.3 ASSESSMENT OF COMPENSATION MEASURES ................................................................ 12 3.4 RAP BUDGET ................................................................................................................................. 13 3.5 SOCIAL AND ECONOMIC STATUS OF PAPS ......................................................................... 13 4. PUBLIC CONSULTATIONS, AWARENESS RAISING AND RESOLUTION OF DISPUTES .................................................................................................................... 14 4.1 PUBLIC CONSULTATIONS .......................................................................................................... 14 4.2 AWARENESS RAISING ................................................................................................................ 15 4.3 SETTLEMENT OF DISPUTES ..................................................................................................... 15 5. ORGANIZATIONAL RESPONSIBILITIES ..................................................................... 17 6. MONITORING MECHANISMS ...................................................................................... 17 7. ANNEXES ..................................................................................................................... 19 3 I. ABBREVIATIONS AND GLOSSARY OF KEY TERMS RAP “Resettlement Action Planâ€? is a resettlement document, which contains specific and legally binding requirements to be abided by to resettle and compensate the affected party before implementation of the project activities causing adverse impacts. PAPs Project affected persons WB World Bank KR Kyrgyz Republic SE “Severelectroâ€? OJSC OP Operational policy – document that sets out the resettlement objectives and principles, organizational arrangements and funding mechanisms. RAP is to be prepared in conformity with the provisions of the OP. ESARIP Electricity supply accountability and reliability improvement project MPA Municipal property administration PIU Project implementation unit AMMPL Administration for municipal markets and parking lots Cut-off date “Cut-off dateâ€? is a census completion date, which is a legitimate date of completion for the avoidance of additional persons who wants to get benefits. Compensation Range of activities that include compensation, replacement of losses, assistance, entitlements compensation of lost income to resettled persons, affected by the Project, depending on nature of losses to be restored, their social and economic status. Resettlement Physical resettlement of PAPs from their point of residence or business activity prior to launching of the project. Reinstatement Assistance to PAPs who lost their assets, livelihood means that need to be compensated to improve their living standards or at least reinstate their pre-project standard of living. Reinstatement assistance can be provided in cash or in –kind equivalent, or combination of both to improve or reinstate the pre-project standard of life. 4 II. EXECUTIVE SUMMARY BACKGROUND Electricity supply accountability and reliability improvement project (ПППÐ?Э/ESARIP) (P133446) is aimed at improving of reliability of electricity supply within the project area and strengthening the operating activity management of “Severelectroâ€? OJSC. Project Implementation Unit, which was established under “Severelectroâ€? OJSC and acts as the owner and operator of distribution network 35/10/6/0.4kV in Bishkek city, Talas and Chuy oblast, will implement three following Components of the project: 1. Investments into target segments of distributing infrastructure; 2. Introduction of management information system; 3. Institutional strengthening. Activity of Component 1 is aimed at reduction of technical losses and improving electricity supply reliability by investments that will strengthen distribution infrastructure of SE and it was defined subject to decrease of emergency power outages and lack of alternative financial sources (financing from KfW and own funds of SE). This Component envisages construction of new substations 35/6/10 kV “Orto-Sayâ€? and “Sportâ€? with two power transmission lines 35 kV, length – 3.5-4 km, and replacement of metering devices for customer with excessive power consumption in large towns of Chuy oblast. An issue about necessity of construction of substations emerged owing to unreliable electric power supply and huge losses within SE service area, in 2012 total losses made up 22%, out of which 7% pertain to commercial and the rest is technical losses. A 0.15 ha land parcel in Orto-Say market area in Suerkulov Str. was allocated to “Severelectroâ€? OJSC under the Decree of Bishkek municipal administration dated 11.03.93 No. 272 “On allocation of a land parcel for use to Bishkek electric power enterprise assigned for construction of a transformer substation in 50 let Komsomola Kirgizii Str.â€? 1 Situational layout scheme of “Orto-Sayâ€? substation is shown in annex No.1. 1 See annex 2 5 Pic 1-4. Location site of “Orto-Sayâ€? transformer substation. View from northern, southern, eastern and western sides. During reconnaissance survey of the construction site, it was revealed that a municipal area, being under the supervision of Administration for municipal markets and parking lots of Bishkek mayor’s office, was used by a resident of Bishkek city (PAP No.1) without legally vested right of enjoyment of the land parcel. Meanwhile, a guardhouse, fencing, light posts and asphalt surfacing of a parking lot belong to PAP No.1 based on the right of private property. This property was procured “Kyrgyzavtoservisâ€? CJSC based on sale-and- purchase agreement dated 10.12. 20122 Guardhouse 10 light posts Metal fencing Concrete conduits Pic. 5-7. Assets – 10 light posts, a guardhouse, metal fencing, concrete conduits and asphalt surfacing belongs to PAP No.1. In this respect, there was necessity for undertaking procedures stipulated by requirements of WB policy 4.12 “Involuntary resettlementâ€?, namely, preparation and implementation of RAP. Considering insignificant project impact, an abbreviated RAP has been developed in line with the requirements of OP 4.123. This RAP considers issues of holding resettlement plan and ensuring of PAPs’ participation, whose assets are located within construction site of a new substation and adjacent area. Screening and scaling of the project were held from 4 to 13 January, 2014 for preparation of RAP in order to define potential impact and select an instrument for resettlement and survey arrangements, including: 2 See annex 3 3 Para 25 and footnote 25 of OP 4.12 – “…an abbreviated RAP may be prepared if there are fewer than 200 people subject to displacement, or if the population within project impact area is not subject to physical displacement to new places of residenceâ€? 6 a) Findings of PAP survey with land registry and property right to land; b) Social and economic profiles of PAPs4. During informative consultations, PAP clarified a situation regarding use of the area under existing parking lot as follows: the abovementioned assets located within parking lot area belong to PAP based on the right of private property. There is a verbal agreement with Administration for municipal markets and parking lots of Bishkek mayor’s office, which is in charge of this parking lot, about shared use of PAP’s assets and land parcel, where business activity is carried out by PAP. In this regard, proceeds of activity, after deduction of 5 som for each parking space, are placed by PAP to casher's office of AMMPL. Average daily fill rate of the parking lot is up to 100 cars. Upcoming withdrawal of more than half of parking lot area, which is equal to about 60 cars per day, will lead to loss in income of PAP generated from rendering parking services. Such impact gave rise to consideration of an issue on payment of an indemnity at the cost of the project5. PROJECT IMPACT Inventory of assets were held for identification of PAPs in the 0.1512 ha area, assigned for construction of “Orto-Sayâ€? substation in Suerkulov Str. The findings are as follows: a) “Orto-Sayâ€? substation will be situated and occupy a part of the parking lot area in Suerkulov Str. PAP has assets located within the parking lot, however this PAP has no legally vested right of enjoyment of the land parcel. Parking services are rendered jointly with a state enterprise AMMPL, which is in charge of this land parcel. Pic 8. The parking lot where “Orto-Sayâ€? substation will be situated. b) Based on a study and analysis of all technically feasible alternative options for location of the substation, which were undertaken for avoidance of resettlement, it can be stated, that changing of location of the facility does not seem possible. 4 See annex 4. 5 Paras 15, 16 and footnote 20 of OP 4.12: “…persons referred to category (c) of sub-para 15 of OP 4.12, those who have no recognizable legal right or claim to the land they are occupying, are provided with assistance in the form of cash allowance or compensation, or employment, etc. – as the case may be as compensation for land parcels withdrawn from them thereofâ€?. 7 The estimated RAP budget is 27 000 som, including project expenses for payment of a non-recurring cash compensation for lost part of income that PAP received from rendering parking services using his own assets. Moreover, additional assistance will be provided by “Severelectroâ€? OJSC on dismantling, transportation and loading works of structures and equipment. 1. JUSTIFICATION OF NECESSITY FOR CONSTRUCTION OF A NEW SUBSTATION So far, maximum damaging tendency of electric line (EL) 6 kV is located in a load center area of distribution point (DP) of micro-district 3 of Bishkek city. These are feeder lines from “Vostochnayaâ€? substation 110/35/6 kV and “Abdykalykovaâ€? substation 110/35/6 kV, where transformers’ throughput reaches 110 %. Construction of a new “Orto-Sayâ€? substation 35/6 kV with capacity 2x16 MW broken down to EL 35 kV “Vostochnaya - Abdykalykovaâ€? is required for reduction of technical losses, overloads and damaging tendency of transformers due to overloads of EL 6 kV. Therefore, “Abdykalykovaâ€? and “Vostochnayaâ€? substations 110/35/6 kV will be unloaded by 6kV each, 9 MW. 7-9 MW power reserve will be created ensuring additional electric power ≈ 35 mln. kWh per year. 2. LEGAL FRAMEWORK Land relations in the Kyrgyz Republic are regulated by the following regulatory legal acts: 1. Land Code of the Kyrgyz Republic edition of June 2, 1999 No. 45 - a comprehensive set of rules governing the relationships that arise in the process of ownership, use and disposal of land; 2. The Civil Code of the Kyrgyz Republic, which defines the legal status of actors of civil turnover, and the bases for emergence and order of exercising the rights, contractual obligations, property and non-property relations; 3. Civil Procedure Code of the Kyrgyz Republic, which defines the order, rules and terms of legal protection in the event of litigation on involuntary resettlement. 4. Law of the Kyrgyz Republic "On Roads", edition of June 2, 1998 N 72, which defines economic, legal basis and principles of management of territories and facilities adjacent to the road, area and the order of using the right-of-way; 5. Decree of the Government of the Kyrgyz Republic No. 668 "On Liability for Losses Caused by Damage of Landâ€?, dated September 7, 2004, in the Edition of the Decree of the Government of the Kyrgyz Republic No. 696 as of September 27, 2006, which establishes the order for compensating losses to land users; The above listed laws and regulations determine the order of land acquisition and withdrawal, and define the authorities of the local state and self-government bodies to decide on acquisition of land. The Land Code of the Kyrgyz Republic regulates valuation of land assets and indicates the list of agencies authorized to assess the losses incurred by the landowners following the withdrawal of land (temporary or permanent). It also stipulates an option that if the landowner wishes, an equivalent land parcel can be provided in case of permanent withdrawal. 8 Requirements of the legislation of the Kyrgyz Republic, taking into account the World Bank operational policy 4.12 “Involuntary Resettlementâ€? imply the following: 1. Measures have to be taken to minimize involuntary resettlement; 2. Loss of property has to be compensated based on its replacement value; 3. PAPs6 are to be timely informed and the compensation options have to be clearly explained to them. Generally, if people earn livelihood by using the land, the best option is at the least to provide them with land of equal quality and area. Compensation should be paid for crops as well. 4. Under current law, titled owners are entitled to claim compensation. Illegal users of land or illegal residents are not entitled to compensation for expenses incurred during the illegal use of land. Issues related to withdrawal of land parcels in the Kyrgyz Republic are largely compliant with the WB OP 4.12. However, the regulations of the Kyrgyz Republic do not provide for assistance to affected persons without formal, legally established ownership rights to the lost land or other property. In accordance with the requirements of WB OP 4.12 “Involuntary resettlementâ€? activities are envisaged on informing PAPs about their rights pertaining to resettlement, their participation in consultations and opportunity to select various resettlement options. They should receive a compensation immediately that fully covers the damage pertaining to loss of property owing to project works7, or assistance during resettlement. Under this subproject PAPs refer to C category based on criteria for receiving compensation or assistance 8 , as they have no legal right to the project affected land parcel. Therefore, assistance during resettlement is provided in the form of non-recurring cash compensation for lost income, employment, etc. – as the case may be.9 Principles and procedures of the OP shall be applied, in case of discrepancies between legislation of the KR and requirements of WB OP 4.12 “Involuntary resettlementâ€?. Such priority of the WB regulations over state legislation is a requirement for projects, financed by the World Bank. The guidance should be drawn from the following: 1. World Bank Procedures OP 4.12 “Involuntary Resettlementâ€?; 2. Operational policy OP 4.12, “Eligibility to Compensation and Resettlement Assistanceâ€?; 3. Annex A of the operational policy OP 4.12 “Involuntary Resettlement Instrumentsâ€?, specifying elements of the Resettlement Action Plan; 4. This RAP. 6 The requirement to inform the affected population is established by the Constitutional Law of the Kyrgyz Republic 7 Page 3 of OP 4.12, para 6 а – “…displaced persons shall be informed about their options and rights pertaining to resettlementâ€?. 8 Para 15 (Ñ?) of WB OP 4.12 – “See footnote 6 on page 7â€?. 9 Footnote 20 of WB OP 4.12. “See footnote 6 on page 7â€?. 9 3. IMPACT ASSESSMENT 3.1 CENSUS Census of PAPs with inventory of affected assets, identification of property right to land and socioeconomic status was conducted during screening and covered the parking lot area for 100 car parking spaces. During construction, the parking lot area will be reduced providing enough space for about 60 cars. Pic. 8. Area for location of the substation Census was conducted after informative consultation that was held on February 11, 2014 in a guardhouse of the parking lot with participation of PAP. Pic. 9-10 during consultations and census held on February 11, 2014 within parking lot are A project affected resident of Bishkek city was invited to consultation and informed about the date of census, cut-off date and was enrolled on the list of PAPs. The following affected assets were included to the list: 10 List of PAPs and affected assets. table 3.1 Average daily Area of the number of cars, Other affected Name of land subject No. PAPs status placed on an assets subject to PAP to withdrawal area to be dismantling (ha) withdrawn 1) 10 light posts. 2) Part of metal Has no legal fencing. Resident rights to a 3) Part of concrete PAP of land parcel 0.15 60 irrigation No.1 Bishkek used for conduits. city parking lot 5) idle bread- baking workshop. Pic. 11. Idle bread-baking workshop Survey was held in the presence of PAP’s son. Location of affected assets, their actual conditions, PAP status was identified in his presence and potential impact was specified. Findings of the survey revealed that assistance at the project cost is required to PAP in a form of a non-recurring cash compensation against lost part of income that PAP received from rendering parking services using his own assets. Moreover, additional assistance shall be provided to PAP during resettlement by “Severelectroâ€? OJSC on dismantling of the following project affected assets: 1. 10 light posts; 2. part of metal fencing of the parking lot to be occupied by the substation; 3. part of irrigation conduits also to be occupied by the substation; 4. bread-baking workshop. All dismantled equipment of the PAP will be transported by SE and unloaded to a place specified by the PAP. Such in kind assistance from SE is preferable for the PAP along with a cash compensation paid by SE. Besides, calculation of compensation against lost part of income was carried out adjusted for justified three-month period required for settling 11 organizational and business issues related to further operation on the remaining parking lot area using the PAP’s assets. The census did not include three current workers of the parking lot, as the parking lot will continue its operation. No dismissal of current workers is envisaged, therefore, it will not lead to reduction or loss of their income. 3.2 CATEGORY OF PERSONS ELIGIBLE FOR COMPENSATION DURING RESETTLEMENT Displaced persons may be classified in one of the following three categories: (a) those who have formal legal rights to land in accordance with the law of the Kyrgyz Republic; (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, or those who run business or other activity that provides illegal or informal livelihood. This incorporates those who occupy a land parcel without permission, as well as those who keep part-time farming for sale or their own needs, etc. In this regard, those who are classified in categories specified in sub-para (a) and (b) receive compensation for land parcels withdrawn from them, as well as other assistance. Meanwhile, those who are classified in a category specified in sub-para (c) receive assistance during resettlement as a compensation for land parcels withdrawn from them, in the form of cash allowances and compensations, or employment, etc. – as the case may be. 3.3 ASSESSMENT OF COMPENSATION MEASURES Project expenses in the form of assistance to PAP is 27 000 som and will be used for payment of a non-recurring cash compensation for lost part of income that PAP received from rendering parking services using his own assets. Moreover, at the preference of the PAP as noted earlier, “Severelectroâ€? OJSC will provide additional in kind assistance by doing dismantling, transportation and loading of the following structures and equipment: 1. 10 light posts; 2. part of metal fencing of the parking lot to be occupied by the substation; 3. part of irrigation conduits also to be occupied by the substation; 4. bread-baking workshop. SE will provide its own means for rendering additional assistance based on actual expenses for transportation and handling operations, as it is impossible to identify this type of expenses at the development stage of the RAP. These expenses will become known to SE only after PAP indicates a site for placing his assets prior to construction of the substation. This issue was stipulated during informative consultations between SE and 12 PAP, since assets subject to dismantling will be sold by PAP, and transport costs will depend on place of delivery after such sale. Calculation of compensation payments to be paid in the form of non-recurring cash compensation is shown in table 3.2. table 3.2 Name Project affected Income Income Compensation Compensatio of PAP parking spaces, generated generated size per n size per - N, (pcs.) from a car from total month – quarter – per day – number of S(KGS) = B× Q(KGS)= S × A, (KGS) cars per day 30 (days) 3 months –B= N×A,(KGS) PAP 60 5 300 9 000 27 000 No.1 3.4 RAP BUDGET RAP budget will incorporate: 1. 27000 som in cash paid by SE. 2. In kind in the form of assistance due to internal resources of SE, based on actual expenses for dismantling, transportation and handling of PAP’s assets. 3.5 SOCIAL AND ECONOMIC STATUS OF PAPS Collection of information on social and economic status of PAPs was completed in parallel with the census, by interviewing the PAPs based on a specially designed questionnaire. The questionnaire included the following questions: I. For business entities: 1. Activity type 2. Age 3. Average monthly income 4. Number of workers II. For households, except for abovementioned: 5. Number of able-bodied and working persons in the household 6. Number of people living in the house 7. Number of children younger than 13 years old 8. Number of people older than 60 years old 9. Number of students. Findings of the social economic profiling are presented in Annex 4. However, with respect to privacy, information pertaining to certain persons and households, i.e. the information presented in Annex 4 of RAP shall not be disclosed to the public. 13 4. PUBLIC CONSULTATIONS, AWARENESS RAISING AND RESOLUTION OF DISPUTES 4.1 PUBLIC CONSULTATIONS Required procedures pertaining to preparation of the given document, including measures on personal involvement of displaced persons in resettlement activity, holding of consultations and ensuring participation of PAPs in preparation and implementation of resettlement measures jointly with representatives of SE, AMMPL under Bishkek mayor’s office were carried out prior to construction of “Orto-Sayâ€? substation. Besides, PAPs played a key role during execution of these procedures. To this end, during consultations the PAP received clear explanations of legal issues about selection of assistance options pertaining to loss of his assets. Resettlement issues were clarified considering the lack of legal rights to a project affected land parcel, where construction of “Orto-Sayâ€? substation is pending. Direct negotiation was selected as the most trusted source of information for holding public consultations on subproject impact assessment. During interview, respondents gave their priority to this information source as a source preferable for PAPs. Consultations were held on February 11 and 13, 2014 at the parking lot located in Suerkulov Str. and in AMMPL office in the presence of invited PAP, security staff of the parking lot and AMMPL staff members. Minutes of informative consultations is shown in annex 5. During the meeting, Kutmanova E.V. - a consultant on social issues, gave clear, plain and comprehensive clarifications about objectives and procedures of WB OP 4.12 “Involuntary resettlementâ€? and explained principles of RAP preparation. Information about starting and duration of census was announced. During consultations, PAP explained the reason for shared use of the parking lot, requirement was voiced on payment of a non-recurring cash compensation for lost part of income that he received by rendering services to the population using his own assets, as well as about assistance in dismantling, transportation and handling operations of the structures and equipment. Pic. 12-13. Informative consultation in AMMPL office held on February 13, 2014. During calculation of a cash compensation PAP, kindly requested to consider time required for settling organizational and business issues related to further operation on the remaining parking lot area. It was envisaged that the parking lot will continue its operation within the remaining area, and current workers will not lose their income. 14 4.2 AWARENESS RAISING Upon completion, this RAP will be submitted to the head of PIU for approval. Once it is revised, RAP will be submitted to the WB for review and no-objection for compliance with the requirements of OP 4.12 “Involuntary resettlementâ€?. Then, in line with public awareness principles, namely disclosure of information in established manner, this RAP will be disclosed on the “Severelectroâ€? OJSC website and WB info-shop website and will be sent to AMMPL of Bishkek city and PAPs. This order of information coverage is summarized in the table below: table 4.1 No. Order of information Result of information RAP is submitted to disclosure activities activity 1 After development of RAP PIU Approved RAP Revision of RAP subject to 2 comments and proposals Again to PIU Re-approved RAP 1. Published on “Severelectroâ€? OJSC WB for review and no- website and on WB 3 RAP agreed with PIU info-shop website. objection 2. Shared among all stakeholders English and Russian version of RAP will be available on “Severelectroâ€? OJSC website. RAP will be translated into Kyrgyz and disseminated among stakeholders as may be required. 4.3 SETTLEMENT OF DISPUTES If risks arise or adverse impact on PAPs occurs, concerns and complaints regarding resettlement can be impartially dealt with through the grievance redress mechanism built on the following principles: a) Compliance of grievance redress mechanism to the scope of the project impact; b) Prompt consideration of issues, use of free, accessible and open process, acceptable and understandable to all stakeholders; c) Provision of access to legal and administrative measures, i.e. rights to appeal to court; d) Due informing of the concerned community about this mechanism. 15 Order of submission, review and addressing of complaints table 4.2 Claim procedure Time for Complaint is Form of review Grievance management order submitted to submission of the compl aint 1) Assistant of the head of the department registers a complaint in the log10 and assigns a Project reference number to each Implementation Unit complaints; (PIU) addressed to 2) Follows up the process of Abdykasymov Marat grievance review and redress; Rakymbergenovich 3) Reports to the management of – Head of the PIU on the status grievance Department of redress activity on a quarterly In writing, I instance External Economic basis. dated and Relations and 20 days signed Kutmanova E., Safeguards Distribution substation - (+ 996 consultant (tel. + 996 709 57 39 312- 33 33 95). 30): Address: Chkalova 1) Maintain direct liaison with the Str. 3, Lebedinovka PAPs; village, KR. 2) Cooperates with the head of the e-mail: PIU on issues pertaining to validity severpiu@mail.ru of a complaint and in case of proven validity, arranges and holds consultations with a complainant and develops corrective measures. In writing, if the complaint was not 1) Coordination with all resolved at II instance stakeholders; AMMPL of Bishkek the 1st 2) Adoption of legalized decision in 30 days mayor’s office instance, it is the form of the decision of the directed from mayor’s office the PIU to the mayor’s office 10 Format of Grievance log is presented in Table 6.2, 6.3 16 The complaint is sent to the court of first instance if Followi the ng the Court of first complainant Following the court procedures court instance is not proced satisfied with ures III instance the decision of the mayor’s office 5. ORGANIZATIONAL RESPONSIBILITIES The responsibility of the PIU includes the following: a) Development of RAP in cooperation with the LSGB and participation of PAPs; b) Implementation of RAP; c) Ensure reliability of PAP census and registry of their assets. The RAP will be implemented after the WB approval. Afterwards the RAP will be disclosed to all stakeholders of the process, including PAPs. 6. MONITORING MECHANISMS The Safeguards consultant of the subproject will follow up implementation of RAP throughout the course of construction. Monitoring mechanisms will be included into a quarterly general project progress report, including the indicators and the following information: RAP implementation monitoring mechanism: table 6.1 Number and No. Monitoring indicator recording of information 1 Complaints and proposals received from the PAPs 2 Pending complaints Payment of compensations to PAPs for impact of the project 3 during its implementation, supported by acquittances. SE dismantled, transported and loaded structures and 4 equipment as desired by PAP A separate file will be opened for this RAP and the following documents will be stored in it: a) Minutes and lists of participants during consultation; b) Findings of PAP census; c) Social and economic profiles of PAPs; d) Log for registration of complaints and proposals presented in Tables 6.2 and 6.3. 17 Log for registration of complaints by Authorized Project Representative (APR) I Instance of grievance redress order table 6.2 Date when the Full name of PAP and Date when complaint was Date when the Is the PAP satisfied with his/her contract details the complaint sent to reply for the the results of review by No. Content of complaint (address and telephone was received AMMPL of complaint was this instance (yes/no) number) by the PIU Bishkek received and why mayor’s office 1 2 3 4 5 6 7 Log for registration of complaints by the II instance of the grievance redress order11 and court decisions table 6.3 Date when the Is the PAP satisfied with Date when complaint was the results of review by Date of appeal to â„– Content of repeated Decision adopted on the PAP received by this instance (yes/no) the court and the п/п complaint the complaint received the AMMPL of the and why court ruling reply mayor’s office 1 2 3 4 5 6 7 11 This Log will be filled out if the PAP is not satisfied by the decision adopted on the complaint by the I instance. 18 The Logs will be filled out as the complaints and proposals will be submitted by PAPs, and complaints/proposals will be managed following the order of submission, review and redress of complaints (table 4.2). The documents listed above will be stored in a cumulative folder until completion of construction. Upon completion of the Project, control verification will be carried out to ascertain compliance with the RAP requirements. 7. ANNEXES 1. Situational layout scheme of “Orto-Sayâ€? electric power substation. 2. Resolution of Bishkek municipal administration as of 11.03.93. No. 272. 3. Copy of sale-and-purchase agreement. 4. Social and economic profile of PAP. 5. Minutes of informative consultation held on February 13, 2014. 6. Opinion of the state bodies on granting of a land parcel in Suerkulov Str. for construction of “Orto-Sayâ€? transformer substation. ANNEX 1 Situational layout scheme of “Orto-Sayâ€? electric power substation 20 21 Situational scheme Suerkulov Str. Maintenance of buildings and facilities Items as per Description Notes scheme I Open switchgear -35 kV II Power transformer 35/6 kV III Complete distribution device of external installation – 6kV (type K-59) IY switch board building and server complex of automated measuring and information system for electric power fiscal accounting Y Relay protection & automatic equipment and substation control building YI Technological passway to the substation YII Oil interceptor YIII Area for vehicles IX Operating staff premises (DEP, DEM) - Resolution of Bishkek mayor’s office No. 31 dated 18.01.2007 land parcel for 5 years for existing parking lot (0.401 ha) Construction of substation -35/6kV in microdistrict 3 (near Orto-Say market) in Bishkek city 22 ANNEX 2 Resolution of Bishkek Municipal Administration as of 11.03.93. No. 272 23 courtesy translation (on the letterhead of Bishkek Municipal Administration of the Kyrgyz Republic) Resolution No. 272 dated 11.03.93 On granting a land parcel to Bishkek electric power enterprise for construction of a transformer substation in 50 let Komsomola Kirgizii Str. Following consideration of a request of Bishkek electric power enterprise on allocation of a land parcel for construction of a transformer substation in 50 let Komsomola Kirgizii Str., opinion of Bishkek Main Department for Architecture, and based on article 89 of Land Code of the Kyrgyz Republic, I hereby Resolve to: 1. Grant a 0.15 ha land parcel to Bishkek electric power enterprise for construction of a transformer substation “KL-35kVâ€? “Novo-Vostochnayaâ€? and a substation 35/6 kV “microdistrict 3â€? in 50 let Komsomola Kirgizii Str., Bishkek according to attached scheme: 2. Oblige the employer to: - displace fencing of the existing parking lot according to the design of a transformer substation; - improve the allocated land parcel and adjacent area and keep them in proper sanitary condition. 3. It is prohibited to commence construction within allocated land parcel without permission from State architecture and construction supervision department. 2. State Administration of Oktyabr raion and Bishkek Main Architecture Department shall be charged with supervising the execution of this resolution. Head of administration [stamp of Bishkek Municipal Administration J. Ibraimov of the KR affixed] 24 ANNEX 3 Copy of sale-and-purchase agreement 25 Sale-and-purchase agreement Date: 10.12.2012 Bishkek city “Kyrgyzavtoservisâ€? Closed joint stock company, represented by the president, Koybagarov A.M., acting on the basis of the Charter, hereinafter referred to as “ the Sellerâ€?, on the one part, and Yunusaliev Abdukhalil, passport A 133 2662, issued by MIA 50-55 dated 17.11.2003, residing at: 36/39 microdistrict 7, Bishkek city, hereinafter referred to as “the Buyerâ€? on the other part, have concluded the present agreement as follows: 1. Subject of the agreement and principal conditions. 1.1. This agreement was concluded for defining order of interactions and settlement of accounts of the parties during sale-and-purchase of property of the fee-based parking lot “Orto-Say marketâ€?, located at: “Orto-Say market, Suerkulov Str., Bishkek cityâ€?. 2. Rights and liabilities of the parties. 2.1. The Seller undertakes to transfer property of the fee-based parking lot “Orto-Say marketâ€? to the Buyer. 2.2. The Buyer bears all required expenses related to execution of sale-and-purchase transaction in all institutions. 3. Payment procedure and responsibilities of the parties 3.1. The Buyer shall pay to the Seller 70 000 (Seventy thousand) som. 3.2. Payment to the Seller shall be made in national currency. 4. Other terms and conditions 4.1. An offending party shall bear responsibility for inflicted financial damage in case of non-execution or improper execution of the terms of the given agreement. 4.2. The agreement shall become effective after signing and will be valid until full execution of responsibilities by the parties. 4.3. All disputes shall be settled based on the current legislation of the Kyrgyz Republic. 5. Legal address of the parties. The Seller The Buyer “Kyrgyzavtoservisâ€? CJSC Yunusaliev Abdukhalil 2, Alma-Atinskaya Str. Leninskoe village, passport A 133 2662, issued by MIA 50-55 Alamudun raion State Tax Department of dated 17.11.2003, residing at: 36/39 the KR, microdistrict 7, Bishkek city Current account 1250200020019497, BIC 125008, Branch of OJSC “Halyk Bank Kyrgyzstan-Bishkekâ€? TIN 00601199210033 Koybagarov A.M [stamped and signed] Yunusaliev A. [signed] 26 Minutes of a meeting of the board of “Kyrgyzavtoservisâ€? CJSC held at 09:00 19.04.2012 Bishkek city Chairman: Koybagarov A.M. Chairman of the Board – President of CJSC Attendees: Kotenev V.M. Member of the board of “Kyrgyzavtoservisâ€? CJSC Imatov L.V. Member of the board of “Kyrgyzavtoservisâ€? CJSC Invitees: Zaytsev G.Ya. Director of the CJSC’s parking lots Agenda: 1. Sale of property (fixed assets) of the parking lot No.5 located in Suerkulov Str., Bishkek city due to completion of a rental period with Municipal Property Administration of Bishkek city. Regarding the first issue of the agenda - director of “Kyrgyzavtoservisâ€? CJSC’s parking lots, Zaytsev G.Ya. informed that a request was received from private entrepreneur – a citizen of the Kyrgyz Republic, Yunusaliev Abdukhalil, passport A 133 2662, issued by MIA 50-55 dated 17.11.2003, residing at: 36/39 microdistrict 7, Bishkek city about his willing to buy the property of “Kyrgyzavtoservisâ€? CJSC located in a parking lot No.5 in Suerkulov Str., Bishkek city – Orto-Say market based on negotiated price. The committee proposes to sell this property at negotiated price of 72 000 (seventy two thousand) som. Regarding the first issue of the agenda, the Board resolved as follows: 1. To sell the property of the parking lot of “Kyrgyzavtoservisâ€? CJSC located in Suerkulov Str., Bishkek city – Orto-Say market to a citizen of the Kyrgyz Republic - Yunusaliev Abdukhalil at negotiated price of 72 000 (seventy two thousand) som. 2. The director of fee-based parking lots – Zaytsev G.Ya. shall prepare documents for execution of a sale of property and transfer it to the buyer following receipt of money by the cashier's office of the Company. 3. The director of fee-based parking lots – Zaytsev G.Ya. shall provide “Kyrgyzavtoservisâ€? CJSC with all necessary documents on sale-and-purchase transaction in compliance with the legislation of the Kyrgyz Republic. 4. Chief accountant – Imatova L.V. shall introduce respective changes into accounting documents. Resolution was taken unanimously. Chairman of the Board of “Kyrgyzavtoservisâ€? CJSC [signature affixed] A. Koybagarov Members of the Board [signature affixed] V. Kotenev [signature affixed] I.Imatova 27 ANNEX 4 Social and economic profile of PAP Findings of a survey of PAP and nature of affected assets No Full name of Description and . of PAP and Current condition location of affected Status of PAP Project impact PA contract of affected asset asset, characteristics P details 1 2 3 4 5 6 Shared use with To be 60 parking spaces in AMMPL In service demolished “Orto-Sayâ€? parking lot Yunusaliev Abdukhalil Bread-baking To be Private property Out of service workshop and dismantled Address: concrete conduits 39/36 microdistrict Used for lighting of To be 1 10 light posts Private property the parking lot dismantled 7, Bishkek city. Metal fencing of the Used for fencing of Part to be Private property Mobile tel: parking lot the parking lot dismantled 0772 51-70- Private property 39 Used by the staff of Will stay in Guardhouse building the parking lot service Social and economic profile of PAP Profile of the household Number of people living bodied/working people Number of students Type of activity Number of children above 60 years old under 13 years old Number of people in the household Number of able- Full name of Age PAP (contract details) 1 2 3 5 6 7 8 9 Yunusaliev Abdukhalil Entrepreneurship Address: 39/36 73 1 3 1 2 - microdistrict 7, Bishkek city. Mobile tel: 0772 51-70-39 29 ANNEX 5 Minutes of informative consultation held on February 13, 2014. 30 MINUTES of informative consultation on releasing of a part of the parking lot area in Suerkulov Str. at Orto-Say market area of Bishkek city for construction of a transformer substation by “Severelectroâ€? OJSC Bishkek city February 13, 2014 Purpose of activity: informing of PAPs on aspects of the project related to resettlement, conducted census and findings of affected assets. Venue: office of the Administration for municipal markets and parking lots of Bishkek mayor’s office. Date: February 13, 2014, at 1 p.m. Attendees: From “Severelectroâ€? OJSC - Azamat Mambetjanov – deputy technical director of “Severelectroâ€? OJSC, director of AMMPL – Ulan Karagulov, PAP – Abdukhalil Yunusaliev, security staff members of the parking lot – Zamir Kerimbekov and Ruslan Yunusaliev, consultant – Elena Kutmanova. Agenda: 1. About location of a transformer substation within parking lot area. 2. About procedures of the WB OP 4.12 “Involuntary resettlementâ€?. 3. About findings of a preliminary survey of affected assets of PAPs that were affected under the project. Speakers: Azamat Mambetjanov informed about technical aspects of future electric power substation, its importance for improving infrastructure of Bishkek city, and assured that all impact on residents, which can take place during construction and further operation of the facility will be minimized and damages will be compensated by “Severelectroâ€? OJSC. Elena Kutmanova clarified issues related to application of the WB OP 4.12 “Involuntary resettlementâ€?. Procedure arrangements of OP, namely: holding of a census, participation of PAPs in the given activities, public consultations, awareness raising, etc. Ulan Karagulov expressed a position of AMMPL regarding administration’s no -objection for withdrawal of a part of the parking lot area for state and public needs. He also assured that the PAP will not be affected following transferring of the part of the area to “Severelectroâ€? OJSC. Activity of the parking lot will be resumed after holding certain business procedures. Abdukhalil Yunusaliev does not object to construction of a substation in the part of the parking lot area. The only thing he kindly requests is to render financial compensation for 31 loss of a part of income generated from parking spaces for 60 cars, as well as take into account a three-month period required for improving the remaining parking lot area and settling organizational and business issues. Resolved: To support construction of an important facility for Bishkek citizens, not to hinder its erection. The PAP was satisfied by preliminary results on receiving compensation in the amount of 27 000 som as well as assistance on dismantling his property located within future construction site. Signatures: 32 ANNEX 6 Opinion of the state bodies on granting of a land parcel in Suerkulov Str. for construction of “Orto-Sayâ€? transformer substation 33 Courtesy translation (on the letterhead of Ministry of Health of the KR Center for sanitary and epidemiological supervision of Bishkek city) 23.03.2012 No. 011-281 Bishkek Main Architecture Department To your Ref. No. ЛГО/572 dated 19.03.12 Following the consideration of documents, Center for State sanitary and epidemiological supervision of Bishkek city does not object to granting of a land parcel for construction of substation “KL -35 kV Novo- Vostochnaya in Suerkulov Str. Applicant: Municipal Property Administration of Bishkek city (“Severelectroâ€? OJSC) It is suggested to strictly observe the norms and rules. Chief medical officer [signature affixed] Mamasadykov N.M. Prepared by: Tynaliev M.M. – 544539 34 Courtesy translation (on the letterhead of State Agency for Environment and forestry protection under the Government of the KR; Chuy – Bishkek Local Administration for environment protection and development of forest ecosystems) Report on the site inspection No. Э93Б February 15, 2012 Oktyabr raion 1. Name of enterprise: “Severelectroâ€? CJSC 2. Name of facility: Substation “KL- 35 kVâ€? 3. Location: microdistrict 3, Suerkulov Str., Bishkek city 4. Name of documents based on which this report was prepared: letter of Bishkek Main Department of Architecture, Ref. No. 96 dated 03.02.12. 5. Composition of a committee that held survey of the site: Chuy – Bishkek Local Administration for environment protection and development of forest ecosystems 6. Nature of the site; location and borders: from south – trade halls from north – parking lot from west – trade halls from east – Suerkulov Str. Area of the land: 0.15 ha; type of ownership: municipal According to regulations on environment protection and management of natural resources - Chuy – Bishkek Local Administration for environment protection and development of forest ecosystems shall approve location of a facility subject to observance of the following conditions: 1. According to art. 16 of the Law of the KR “On environment protectionâ€? and art. 13 of the Law of the KR “On environmental expertiseâ€?, detailed design estimates incorporating chapter on environment protection shall be presented prior to construction for obtaining opinion of state environment expertise in Chuy – Bishkek Local Administration for environment protection and development of forest ecosystems. 2. Construction and installation of the substation in Orto-Say market shall be agreed with neighboring enterprises. Bishkek main architecture department and Raion administration for architecture and urban development shall consider environment requirements and terms of this opinion during preparation and approval of architectural planning specifications, architectural planning assignment. In case of non-compliance with requirements for allocation of the given land parcel, agreement becomes ineffective. Head of State Agency for Environment and forestry protection under the Government of the KR; Chuy – Bishkek Local Administration for environment protection and development of forest ecosystems Umaraliev E. [stamped and signed] 35 Courtesy translation (on the letterhead of the Ministry for emergencies and fire safety management of Bishkek city) Ref. No. 8/2 -125 Date: 04.02.2012 TO: Head of the unit: Architectural planning specification of Bishkek Main Architecture Department Ms. Trenina A. Following revision of your letter No.96 as of 03.02.2012 on preparation of architectural planning specifications for designing of “KL-35 kV transformer substationâ€? Novo-Vostochnaya in A.Suerkulov Str. the Department for fire safety of Bishkek city considers it possible to grant a land parcel for further designing of the facility. All requirements of current norms and rules on fire safety shall be envisaged during designing. Head (Colonel) [signature affixed] E. Beyshebaev 36 Courtesy translation (on the letterhead of Mayor’s office of Bishkek city of the KR; Municipal property administration) Ref. No. 5-2656/05 Date: 03.12.10 Bishkek Main Architecture Department According to the resolution of Bishkek mayor’s office “On approval of order of interaction between Bishkek main architecture department and Bishkek municipal administration for land management and registration of rights to property, mayor’s office of Bishkek city and its organization departments dealing with granting of rights to land parcels and implementation of investment and construction intentions in Bishkek cityâ€? dated September 8, 2006, No. 641, for the purpose of preparation of materials in a timely and quality manner for the committee on granting rights for land parcels in Bishkek city, you are kindly requested to consider the letter of “Severelectroâ€? OJSC within 10 working days and prepare an opinion on the issue related to granting of a land parcel for construction and installation of additional substations in Orto-Say market, microdistrict 3. Attachment: a copy of the letter (1 page). Deputy head [signature affixed] Japarkul uulu Myrzabek Prepared by: Dayirbekov K.M. tel. 454401 37