ISLAMIC REPUBLIC OF AFGHANISTAN Afghanistan Urban Water Supply and Sewerage Corporation (AUWSSC) RESETTLEMENT FRAMEWORK (RF) Prepared for Afghanistan Water, Sanitation, Hygiene and Institutional Support Project (A-WASH) September 2020 ABBREVIATIONS WB World Bank ARAZI Afghanistan Land Authority (A Directorate within MUDL) AUWSSC Afghanistan Urban Water Supply and Sewerage Corporation AH Affected Household AP Affected Person CBO Community Based Organization CSC Construction Supervision Consultant DABS Da Afghanistan Breshna Sherkat DD Detail Design DMS Detailed Measurement Survey DP Displaced People EMA External Monitoring Agency EA Executive Agency ESIA Environmental and Social Impact Assessment FS Feasibility Study GRC Grievance Redress Committee GRM Grievance Redress Mechanism HSBU Herat Strategic Business Unit IA Implementing Agency Km Kilometer KnSBU Kandahar Strategic Business Unit KSBU Kabul Strategic Business Unit LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LARC Land Acquisition and Resettlement Commission MoF Ministry of Finance MRRD Ministry of Rural Rehabilitation and Development M&E Monitoring and Evaluation MUDL Ministry of Urban Development and Land NWARA National Water Affairs Regulation Authority PIB Project Information Booklet PIU Project Management Unit ROW Right of Way SES Socioeconomic Survey TRTA Transaction Technical Assistance WTP Water Treatment Plant I TABLE OF CONTENTS Executive Summary 1 Potential Impacts .................................................................................................................................1 Objectives of the Resettlement Framework ........................................................................................1 Rationale for Developing Resettlement Framework ............................................................................1 Institutional Arrangement 2 1 Project Background and Description 3 1.1 Project Components ................................................................................................................4 1.2 Anticipated Land Acquisitions and Resettlement Impacts .......................................................5 1.3 Objectives of the Resettlement Framework ............................................................................5 1.4 Rationale for Developing Resettlement Framework ................................................................6 1.5 Guidelines for carrying out census surveys and RAPs ...........................................................7 2 Legal and Policy Framework for Resettlements 8 2.1 The Land Acquisition Law (2018) ............................................................................................8 2.2 Land Registration ..................................................................................................................10 2.3 Land Acquisition and Resettlement ....................................................................................... 11 2.4 World Bank ESS5 ..................................................................................................................12 3 Eligibility for Compensation 26 3.1 General Eligibility ...................................................................................................................26 3.2 Land Tenure and Compensation Entitlement ........................................................................26 3.3 Compensation Entitlements & Livelihood Restoration ..........................................................27 3.4 Unit Compensation Rates and Budget ..................................................................................29 4 INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION 36 5 Gender Mainstreaming into Resettlement Process 37 5.1 Considering Gender Issue .....................................................................................................37 6 PUBLIC CONSULTATIONS, PARTICIPATION AND DOCUMENTS DISCLOSURE 39 6.1 Public Consultation ................................................................................................................39 6.2 Meetings at Community Level ...............................................................................................41 6.3 Consultations with Government Officials and Other Stakeholders .......................................41 6.4 Stakeholder Consultation on Resettlement Framework (RF) ................................................41 7 GRIEVANCE REDRESS MECHANISM 45 8 COSTS AND FINANCING 48 8.1 IMPLEMENTATION SCHEDULE ..........................................................................................48 9 MONITORING AND EVALUATION 49 General ..............................................................................................................................................49 9.1 Internal Monitoring .................................................................................................................49 9.2 External Monitoring ................................................................................................................49 9.3 Management Information System..........................................................................................50 9.4 Reporting Requirement .........................................................................................................50 LIST OF APPENDIXES Appendix 1. Rapid LAR Assessment for this project 51 Appendix 2. Consultations with Project Communities 63 Appendix 3. Outline of a Resettlement Plan 100 Appendix 4. land Clearance and land Valuation process 108 II Definition of Important Terms under this Framework Project Affected Persons (PAPs): means 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. PAPs 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 a complete and accurate count of the population that will be affected by land acquisition and related impacts. The population census will provide the basic information necessary for determining eligibility for compensation. 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 PAPs 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. Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to PAPs, depending on the type and degree nature of their losses, to restore their social and economic base. III Livelihood Restoration means the measures required to ensure that PAPs have the resources to at least restore, if not improve, their livelihoods. Restoration of livelihood of all PAPs 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 the state can use its sovereign force to acquire land (i.e. eminent domain) for public purposes under the legally mandated procedures for eminent domain. National law establishes which public agencies have the prerogative to exercise eminent domain, whereby a person is compelled 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. Land acquisition may also include: (a) Acquisition of unoccupied or unutilized land; (b) Repossession of public land that is occupied or used by individuals or households; and (c) Project impacts that result in lands being submerged or otherwise rendered unusable or inaccessible. “Land� here implies anything grown on or permanently affixed to land, such as crops and building or other improvements, and appurtenant water bodies. Non-titled means those who have no recognizable, formal 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 75 Afghanis (as of November 2018). Relocation means the physical shifting of PAPs from his/her pre-project place or residence, place for work or business premises. Rehabilitation means the assistance provided to PAPs to supplement payment of compensation for acquired land, assets and affected livelihood 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. Transaction Costs are expenses that occur during the purchase or sell of a good or service. 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 because of the project. IV Resettlement Plan means the time-bound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation. 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 and encroachers 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 (vi) Ethnic minorities; and (vii) Women headed households. V EXECUTIVE SUMMARY This document presents the Resettlement Framework (RF) which has been prepared and will be implemented by the Afghanistan Urban Water Supply and Sewerage Corporation (AUWSSC) for the Afghanistan Water, Sanitation, Hygiene and Institutional Support project (A-WASH). The Government of Islamic Republic of Afghanistan (GIRoA) with the financial support from World Bank under ARTF and IDA is initiating a 12-year program consisting a Series of Projects (SoP). The A-WASH project have five Components: Component 1 will support implementation of COVID-19 emergency relief measures in the three largest cities of Afghanistan - Kabul, Kandahar and Herat; Component 2 will finance measures to restructure, reform and improve the urban water utility’s operational and financial performance; Component 3 will fund technically robust, more sustainable infrastructure, including measures to build resilience to climate change, with a strategic focus on Kandahar, Component 4 will support project management and monitoring; and Component 5 - Contingent Emergency Response Component (CERC). The first of the series of projects (“SoP-1�, or “the project�) aims to safeguard essential water services in Afghanistan’s three largest cities (Kabul, Kandahar and Herat) during the ongoing COVID-19 pandemic, and to support a resilient, and sustainable recovery by expanding access to safe water and AUWSSC’s operational performance. The initial Relief phase of the project will focus on the implementation of COVID-19 Emergency Response and Recovery Plans (ERRPs), complemented by capacity building for AUWSSC and in particular the Strategic Business Units (SBUs) in the selected three cities to improve the utility’s operational and financial performance. In order to address the long-term structural challenges of lack of water supply and groundwater depletion, and to contribute to a resilient and sustainable recovery, the project will also undertake strategic capital investments with a focus on Kandahar city. The activities financed by the project will safeguard basic water supply in Kabul, Herat and Kandahar, contribute to the containment of COVID-19 and bolster the country’s resilience to future disease outbreaks and other disasters. Water and sanitation services in the largest three cities of Afghanistan – Kabul, Kandahar and Herat – are a particular concern due to their high share of the country’s population. The existing piped network operated by the AUWSSC covers less than 20 percent of the population across the three cities and operates only intermittently. At present, all three water systems are exclusively supplied from groundwater. The remainder of the population which is not connected to the piped network also relies predominantly on groundwater, tapping into the unconfined shallow aquifers with private wells. In all three cities, this is putting increasing pressure on limited groundwater aquifers. Moreover, water quality is a considerable concern as the shallow aquifers are subject to contamination from surface drainage and untreated wastewater. Wastewater collection is non-existent. Where they exist, onsite household facilities such as septic tanks and manual collection are used to collect and dispose sewage. Across Afghanistan, urban water networks are in a bad state of repair and system water losses (“non-revenue water�) are high, around 50- 60 percent in AUWSSC’s estimate. Potential Impacts The World Bank financed interventions including transmission, treatment, distribution network and rehabilitation and replacement of priority water supply facilities, including water wells, pipes and pumps in target areas will have some social risks and impacts which is expected to be less severe and mostly temporary, predictable and reversable. Works associated with the construction and upgrading of the water network will cause some impact on people’s assets such as crops, buildings, and structures which were built close to the water pipelines and as such restrict access to the network. Objectives of the Resettlement Framework The objective of this RF is to outline the principles of resettlement and compensation thereof as and when the project reaches that stage. This will not only ensure consistency in resettlement 1 planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Lessons learnt during the course of implementation can easily be integrated in improving the various issues related to resettlement planning and its monitoring. The resettlement policy needs to be consistent with both of the following policies: ➢ Existing national laws and policies related to land acquisition and compensation and; ➢ World Bank’s Environmental and Social Standard 5 which deals with Land Acquisition, restrictions on Land Use and Involuntary Resettlement ➢ The provisions of this RF would be applied for all project activities and studies. The Resettlement Framework of Afghanistan Water, Sanitation, Hygiene and Institutional Support (A-WASH) is customized from the Resettlement Framework approved for the World Bank funded AGAS project. It is important to mention that the land acquisition and Resettlement Framework was initially developed by ADB, but in the interest of time and bearing in mind the clients technical capacities to conduct a comparative analysis of ADB Policies and World Bank ESF (ESS5), it was indispensable to develop a new Resettlement Framework (RF) in full compliance with the ESS5 including relevant information (specially consultation with the local communities and other stakeholders) from LARF are included in appendix 2 and 3. Rationale for Developing Resettlement Framework The Resettlement Framework (RF) is a standard instrument used to clarify resettlement principles, eligibility criteria, compensation entitlement, organizational arrangements and guidelines for carrying out census surveys and Resettlement Plan (RP). The RF will be applied in cases where the impacts and physical location of a project-related activity are not known in advance. It is important to notice that the proposed Project provide direct financing support to rehabilitation and construction of Water infrastructure. The nature, type and physical locations of the Pipeline, WTP and distribution network are not known. Once individual activities are defined and the necessary information becomes available, should resettlement activities become necessary, this framework will be expanded into specific RAP(s) proportionate to potential risks and impacts. The guiding principles of this framework are the following: ➢ Avoid or minimize adverse impacts on persons and families likely to be affected by the project (Project-Affected Persons [PAPs]). ➢ All PAPs will be consulted throughout the operation. ➢ All PAPs are eligible for compensation for losses, including restrictions of access and land use resulting from project intervention irrespective of possession of formal title to land. ➢ All compensation for land or lost assets will be at replacement value. ➢ Acquisition of land and related assets may take place only after compensation has been paid, and where applicable, resettlement sites and moving allowances have been provided. ➢ Functional multi-tier GRM will be made available to all PAPs to lodge complaints and suggestions regarding resettlement, compensations and other issues. 1 Legal & Policy Framework for Resettlement All the applicable acts and policies of Government of Afghanistan and relevant World Bank ESF standards in the context of this project are discussed below. The AUWSSC will ensure that project implementation is consistent with the local laws together with World Bank ESF standards. Eligibility for Compensation General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project, as of the formally recognized cut-off date, will be considered as project affected persons (PAPs)�. For purposes of this RF, the concepts of ‘general eligibility’ for compensation and who is a PAP 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 sub-projects. Although it is unlikely that many PAPs will be entitled to compensation or rehabilitation, on the grounds that they are losing a substantial amount of land under the project, it is as well to set out the full picture on who PAPs could include and what they are entitled to under a project: (i) All PAPs losing land, with or without title, formal land-use rights, or traditional land use rights; (ii) Owners of buildings, crops, plants, or other objects attached to the land; and (iii) PAPs losing business, income and salaries. Institutional Arrangement Overall responsibility for the Project will rest with AUWSSC/ESSU. Implementation of guidelines and principles stipulated in the RF will be the sole responsibility of AUWSSC ensuring adherence by all stakeholders to the E&S standards and guidelines of the framework. At the national level, a Project Steering Committee (PSC) will oversee the implementation of the project and subproject activities in target sites. A Project Steering Committee will be responsible for overall project coordination, project progress reporting (including results monitoring) and coordination with other stakeholders. Preparation of Resettlement Plan: Once the land clearance and land valuation surveys are completed by the Expropriating Authority and the complete list of PAPs along with compensation detail and other information are available, the client will develop a Resettlement Plan (RP) in full compliance with the approved Resettlement Framework and ensure all the required information about PAPs, eligibility and entitlement under the RF, land acquisition, land valuation, vulnerable people, institutional arrangements, timeline with budget and GRM are included in the RP. The same reports would need to be submitted to the World Bank for review and approval. 2 1 PROJECT BACKGROUND AND DESCRIPTION The overall objective of the proposed Program is to improve access to safe water and sanitation in selected areas of Afghanistan as well as to strengthen sector capacity. This program development objective (PrDO) is expected to be achieved over a 12-year period through a Series of Projects (SoP), of which the operation detailed in this document is the first. The program approach will ensure continuity of the sector engagement and enhanced coordination, as well as supporting the sustainability of other Word Bank interventions that include WSS components such as the Cities Investment Program (P160619), the Urban Development Support Project (P147147) and the Citizens' Charter Afghanistan Project (P160567). The Program is expected to consist of three projects that will overlap in time and vary in geography, with a consistent component-level design to facilitate scaling-up. The three projects are expected to commence in 2020, 2025 and 2027, respectively. The anticipated duration of each project is expected to be five years. Overall SoP completion is expected by 2032. The Government of Islamic Republic of Afghanistan (GIRoA) with the financial support from World Bank under ARTF and IDA is initiating a 12-year program consisting a Series of Projects (SoP). The A-WASH project have five Components: Component 1 will support implementation of COVID-19 emergency relief measures in the three largest cities of Afghanistan - Kabul, Kandahar and Herat; Component 2 will finance measures to restructure, reform and improve the urban water utility’s operational and financial performance; Component 3 will fund technically robust, more sustainable infrastructure, including measures to build resilience to climate change, with a strategic focus on Kandahar. Component 4 will support project management and monitoring; and Component 5 - Contingent Emergency Response Component (CERC). The first of the series of projects (“SoP-1�, or “the project�) aims to safeguard essential water services in Afghanistan’s three largest cities (Kabul, Kandahar and Herat) during the ongoing COVID-19 pandemic, and to support a resilient, and sustainable recovery by expanding access to safe water and AUWSSC’s operational performance. The initial Relief phase of the project will focus on the implementation of COVID-19 Emergency Response and Recovery Plans (ERRPs), complemented by capacity building for AUWSSC and in particular the Strategic Business Units (SBUs) in the selected three cities to improve the utility’s operational and financial performance. In order to address the long-term structural challenges of lack of water supply and groundwater depletion, and to contribute to a resilient and sustainable recovery, the project will also undertake strategic capital investments with a focus on Kandahar city. The activities financed by the project will safeguard basic water supply in Kabul, Herat and Kandahar, contribute to the containment of COVID-19 and bolster the country’s resilience to future disease outbreaks and other disasters. Kabul is Afghanistan’s largest city and its capital. Its existing piped water supply relies exclusively on groundwater resources which are being abstracted at an unsustainable rate. At present, around 80 million cubic meters (MCM) of water are being extracted per year in Kabul city even as the sustainable recharge capacity is estimated to be only approximately 44 MCM. This has resulted in a rapidly depleting aquifer and thus the risk of future supply shortfalls. Kabul’s piped network is relatively limited compared to the rapidly growing population, with less than 20 percent of households connected to the network. A number of donor countries, including Germany, France, India and the United States, are financing interventions to relieve the unsustainable pressure on Kabul’s groundwater reserves by tapping into surface water sources and to extend network access. To complement these efforts, the focus of the proposed project in Kabul will be on implementation of the COVID-19 ERRP and on utility reform. The capital has 3 been particularly badly affected by the pandemic with the highest case count nationally. This is likely due to its high population and the high degree of trade and mobility in- and out of the city, exacerbated by poor public hygiene and limited access to safe and reliable water supply. Herat is Afghanistan’s third largest city with a comparatively well-developed water supply system. Originally built in the 1970s, and partially rehabilitated in 2008-9 with support from KfW, the system supplies over 60% of the population – the highest degree of access to piped water in any large city of the country. To cope with the growing population and to limit excessive groundwater extraction within the city, the Herat SBU is developing a proposal for a new water production site near the Harirud River. Herat’s location close to the border with Iran made it an early hotspot of the COVID-19 pandemic. This was driven by Afghan migrant labor returning home in the wake of the severe outbreak in Iran. As the city’s water infrastructure is comparatively developed, and the pandemic particularly severe, the focus of the proposed project in Herat will also be on the implementation of the COVID-19 ERRP relief activities and capacity building, to ensure existing services are safeguarded and extended if needed for the COVID-19 response. Kandahar is Afghanistan’s second largest metropolitan area with an estimated population of approximately one million people, although unofficial estimates range as high as 1.5 million. Kandahar is in a highly drought-prone part of the country. The city’s current domestic water supply is limited and entirely dependent on groundwater which is declining due to excess extraction. The city’s historic water infrastructure has deteriorated while demand has increased rapidly. The existing water network covers fewer than 8,000 households, while most of the population obtains water from private wells drawing from a shallow, unconfined aquifer which is depleting and contaminated due to the absence of a sewerage system, as several studies have shown. 1 2 The existing piped network was constructed in the early 1970s and has seen only limited rehabilitation and extension in recent years. The network supply is not being treated as chlorination systems are no longer in working order. The quality of water is reportedly poor, and supply is intermittent. The network is exclusively supplied through wells drawing from a deep aquifer below Kandahar. The wells that remain functional supply approximately 5,000 cubic meters per day, less than 10 percent of the water needed to ensure that the population’s most basic needs are met.3 Contingent Emergency Response Component (CERC) (USD 0.0 million): This component will improve the GoIRA’s ability to respond effectively in the event of an emergency in line with World Bank procedures on disaster prevention and preparedness. Following an eligible crisis or emergency, the Recipient may request the Bank to re-allocate project funds to support emergency response and reconstruction. This component would draw from other project components to cover emergency response. 1.1 Project Components The A-WASH project have four Components: Component 1 will support implementation of COVID-19 emergency relief measures in the three largest cities of Afghanistan - Kabul, Kandahar and Herat; Component 2 will finance measures to restructure, reform and improve the urban water utility’s operational and financial performance; Component 3 will fund technically robust, more sustainable infrastructure, including measures to build resilience to climate change, with a 1JICA, KfW and Feasibility Study financed by ADB and completed in February 2019 2Haziq, M. A., & Panezai, S. (2017). An Empirical Analysis of Domestic Water Sources, Consumption and Associated Factors in Kandahar City, Afghanistan. Resources and Environment, 7(2), 49-61. 3 The WHO recommends at least 50 to 100 liters per day per person. [Doesn’t this then logically mean “at least 50 lpcpd�? 4 strategic focus on Kandahar. Component 4 will support project management and monitoring; and Component 5 - Contingent Emergency Response Component (CERC). 1.2 Anticipated Land Acquisitions and Resettlement Impacts The World Bank financed interventions including transmission, treatment and distribution network will have some social risks and impacts which is expected to be less severe and mostly temporary, predictable and reversable. Works associated with the construction and upgrading of the water network will cause some impact on people’s assets such as crops, buildings, and structures which were built close to the water pipelines and as such restrict access to the network. The project was screened for land acquisition and resettlement impacts and the following are anticipated temporary impacts related to the construction phase of the project: (i) Loss of sources of income and/or livelihoods, particularly agricultural livelihoods and disruption to businesses; (ii) Damage/temporary disruptions to certain agricultural infrastructure (e.g. irrigation); (iii) Loss/damage of annual/perennial crops and trees due to construction activities; (iv) Temporary loss of and/or more difficult access to land for farming or other livelihood related land uses and disturbance to agricultural vehicles/livestock etc.; (v) Loss/damage of the existing electrical poles within the pathways; and (vi) Other unanticipated private or community/public asset losses or impacts on livelihoods. Expansion of the water supply network planned for Kandahar City will trigger impacts on private properties and assets. The LAR team identified locations where impacts will occur. The locations include the start node and end node of the main, sub-main and secondary pipes in Kandahar City. The surveyors assessed the path and noted the locations of key impacts which are summarized in the following tables. There are 50 locations throughout the city with trees and 31 location where private buildings and structures will be affected. Other affected public assets include 23 electric poles, 6 traffic lights, 33 access roads and one flyover. A full land acquisition and resettlement plan (LARP), based on the detailed measurement survey (DMS), complemented with the census and socioeconomic survey (SES) will be prepared for these Project components. (detailed information has been provided in Appendix 1). Type of Impact and Number of Locations with LAR Impact Electric Traffic Access Trees Structures Other poles lights roads 50 31 23 6 33 1 1.3 Objectives of the Resettlement Framework The objective of this RF is to outline the principles of resettlement and compensation thereof as and when the project reaches that stage. This will not only ensure consistency in resettlement planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Lessons learnt during the course of implementation can easily be integrated in improving the various issues related to resettlement planning and its monitoring. The resettlement policy needs to be consistent with both of the following policies: ➢ Existing national laws and policies related to land acquisition and compensation and; ➢ World Bank’s Environmental and Social Standard 5 which deals with Land Acquisition, restrictions on Land Use and Involuntary Resettlement 5 ➢ The provisions of this RF would be applied for all project activities and studies. The Resettlement Framework of Afghanistan Water, Sanitation, Hygiene and Institutional Support Project (A-WASH) is customized from the Resettlement Framework approved for the World Bank funded AGAS project. It is important to mention that the land acquisition and Resettlement Framework was initially developed by ADB, but in the interest of time and bearing in mind the clients technical capacities to conduct a comparative analysis of ADB Policies and World Bank ESF (ESS5), it was indispensable to develop a new Resettlement Framework (RF) in full compliance with the ESS5 including relevant information (specially consultation with the local communities and other stakeholders) from LARF are included in appendix 2 and 3. 1.4 Rationale for Developing Resettlement Framework The Resettlement Framework (RF) is a standard instrument used to clarify resettlement principles, eligibility criteria, compensation entitlement, organizational arrangements and guidelines for carrying out census surveys and Resettlement Plan (RP). The RF will be applied in cases where the impacts and physical location of a project-related activity are not known in advance. It is important to notice that the proposed Project provide direct financing support to rehabilitation and construction of Water infrastructure. The nature, type and physical locations of the Pipeline, WTP and distribution network are not known. Once individual activities are defined and the necessary information becomes available, should resettlement activities become necessary, this framework will be expanded into specific RAP(s) proportionate to potential risks and impacts. The guiding principles of this framework are the following: ➢ Avoid or minimize adverse impacts on persons and families likely to be affected by the project (Project-Affected Persons [PAPs]). ➢ All PAPs will be consulted throughout the operation. ➢ All PAPs are eligible for compensation for losses, including restrictions of access and land use resulting from project intervention irrespective of possession of formal title to land. ➢ All compensation for land or lost assets will be at replacement value. ➢ Acquisition of land and related assets may take place only after compensation has been paid, and where applicable, resettlement sites and moving allowances have been provided. ➢ Functional multi-tier GRM will be made available to all PAPs to lodge complaints and suggestions regarding resettlement, compensations and other issues (including GBV) related to the project. 6 1.5 Guidelines for carrying out census surveys and RAPs • The requiring Agency (AUWSSC) will conduct the census of all Displaced Persons (DP) and inventory of assets, in close coordination with the acquiring agency (Ministry of Urban Development and Land (MUDL) and provincial valuation team/local government officials). To prepare for the census, the requiring ministry will verify that the census instruments are reliable; personnel are well trained, and enough personnel and resources are available to conduct the census quickly. • The census will include a complete inventory of all losses to be incurred by each PAF. This information will include at a minimum: (a) number of persons, main occupation and level of income; (b) number, type, and dimension of the houses; (c) number, quality, and area of all the residential plots; (d) number, category, type, and area of agricultural land held and to be lost by each PAF; (e) tenure status of agricultural land and, amount of rent paid by tenant/lessee, where applicable; (e) quantity, category, and dimension of all rent other fixed assets adversely affected; (g) productive assets lost as a percentage of total productive assets; (h) temporary damage to productive assets; (i) quantity, category, and quality of non-agricultural livelihood adversely affected; (j) quantity, type, and quality of community resources to be acquired. • The census needs to be undertaken as soon as possible to ensure accurate determination of eligibility for entitlement. The census, socio-economic surveys and RAPs will be prepared for sub-project/component prior to invitation of bid for the corresponding civil works. • The date of completion of the baseline survey will be considered the cut-off date for eligibility; those in the areas before the census begin are eligible for compensation and assistance, as relevant, and those who arrive after the cut-off date are not. The cut-off date should be widely communicated at the area ahead of census survey through local media channels. 7 2 LEGAL AND POLICY FRAMEWORK FOR RESETTLEMENTS General Background on Afghan Law/Policy on Land Acquisition The legal framework governing land rights in Afghanistan includes formal (constitutional and civil law), religious, and customary law. Land rights are perceived to be highly insecure and are the source of the majority of disputes brought before the formal court system as well as non- statutory (informal) dispute resolution bodies such as Shura/CDCs and jirgas. The legal and policy framework for land rights and the property registration system are still being developed. An estimated 80% of households in Afghanistan have no formal documentation that can be used to acquire or prove their rights to land and as such they have limited recourse to the formal court system. The Ministry of Justice estimates that 90% of Afghans rely solely on customary law due to a lack of trust in the integrity of formal institutions. The situation is compounded by the lack of a comprehensive cadastral and titling system based on electronic records and the fact that only one third of the land in Afghanistan has ever been surveyed. All the applicable acts and policies of Government of Afghanistan and relevant World Bank ESF standards in the context of this project are discussed below. The AUWSSC will ensure that project implementation is consistent with the local laws together with World Bank ESF standards. There is no country specific resettlement policy in Afghanistan, however Law on Land Acquisition approved in 2018 which provides the legal basis for land acquisition and compensation. The Law entitle the Government of Afghanistan to acquire private property for public purposes upon payment of fair market value. According to these laws, compensation is based on rates determined by the legally constituted resettlement committee. If a land and property are acquired by the government for public purposes, the owner is entitled to receive (i) the value of land; (ii) the value of residential houses and buildings; and (iii) the value of trees and orchards and other assets on the land. The Constitution of Afghanistan (ratified in 2004) has three articles that closely relate to compensation and resettlement. In accordance with the Constitution of Afghanistan, acquisition of a person’s property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with provisions of law (Article 19 of the Constitution). 2.1 The Land Acquisition Law (2018) The Law on Land Acquisition (2018) replaces the Law on Land Expropriation (2009) and provides the legal basis for land acquisition and compensation. Its objectives are to: (i) Allow fair acquisition of individuals’ properties; (ii) Regulate the methods of determination of properties to be acquired; (iii) Allow implementation of urban master plans and all other plans for projects of public interest; (iv) Determine the standards for appraisal of fair compensation for properties subject to acquisition; (v) Allow the transfer of government-owned properties for the implementation of projects of public interest; 8 (vi) Provide for resettlement of the owners of properties acquired as part of major national projects; (vii) Ensure that property owners and all other people affected by the process of expropriation are compensated; and (viii) Increase the positive impact of expropriation on people. The law states that municipal authorities are responsible for enforcement of the law in areas covered by urban master plans areas while a directorate within the Ministry of Urban Development and Land (MUDL) named the Afghan Land Authority (ARAZI) is responsible for rural areas. Article 5 defines 'public interest' projects for which property and assets may be expropriated. Articles 9-12 define the responsibilities of the expropriating authority, affected persons and evaluation committee. The law requires the establishment of a panel tasked with developing a bill of valuation for expropriated properties, and a resettlement committee, which are both headed by the provincial governor. It defines how different types of assets are to be valued and compensated, the timing of compensation payments and the procedures and responsibilities of the resettlement committee. The Land Management Law (2018) is intended to replace the Law on Managing Land Affairs (2008), although it is still under discussion by the National Assembly. The law aims to create a legislated unified, reliable land management system with a standardized system for land titling, subdivision, and registration. Its goals include the prevention of illegal land acquisition and distribution, ensuring access to land for the people, and defining the conditions for the appropriation of lands. The law confirms that government lands are regulated by MUDL and that public welfare projects on government lands must be approved by MUDL. The National Land Policy (2018) deals with land tenure and land acquisition. It indicates that compensation for expropriated land or revocation of rights over land must be enforced by the law and conducted in accordance with the Constitution of Afghanistan. The law provides that property may only be expropriated through defined legal procedures for specific purposes and that no law may permit arbitrary deprivation of property rights. Monetary compensation for expropriated land is based on the value of the land prior to the announcement of the development project being pursued in the public interest. All land in Afghanistan can be classified as privately owned, community owned, government owned, or publicly owned. These classifications are recognized by the 2007 National Land Policy. Properties owned by individuals, families or businesses are considered private land. Community land is property owned by communities which is equitably available for use by all its members. Government land includes registered government land which is used for the provision of public services, unregistered land which is “deemed public land� as well as land without proven individual ownership. Public land is land that belongs to the people of Afghanistan as a whole and is entrusted to the government for the benefit of all people. Ownership is the most common type of tenure in Afghanistan. Ownership may be grounded in formal or customary law, and ownership rights can extend to all land classifications. Ownership confers the right of exclusive possession of land, and owners are entitled to use and dispose of land freely. The Law on Managing Land Affairs (2008) indicates that all land that has not been proven to be private is deemed government-owned land. However, many disputes have arisen over government land because the definition of 'government land' remains unclear despite the various laws that have attempted to define it. A number of presidential decrees have expanded the type of land that the government can own and the distinction between government and publicly-owned land has become less clear. 9 Leaseholds can be established between private parties, subject to requirements for written leases that detail the land and agreement of the parties regarding the length of the lease and payment terms. Private land leases are mostly governed by customary law. Landowners often contract with sharecroppers to cultivate land and the parties agree on terms regarding shares of the outputs and payment. Rights of Access. The Law on Managing Land Affairs (2008) provides that lands such as pastures are public land which neither the state nor individuals can possess (except as otherwise provided by Shari’a) and which must be kept unoccupied to allow activities such as grazing. Customary law allows individuals and communities to obtain exclusive or non-exclusive access to such lands; however, such lands do not belong to them. Pasture lands are the most controversial type of land in Afghanistan and up to 70% of lands in the country are used for this purpose. Occupancy Rights. In general, landholders in formal settlements have formal rights to the land they occupy. Occupants of informal settlements, including squatters, usually have some type of informal rights that are based on principles of customary law, the nature of the land, and the means by which the occupants took possession of the land, although these are limited. The 2007 Land Policy permits the regularization of rights to informal settlement holdings. Mortgage. Formal and customary law recognize two types of land mortgage: (i) debt secured by the land, and (ii) a mortgage in which the lender remains the landowner until the borrower repays the debt. The latter is the most common type of mortgage in Afghanistan. 2.2 Land Registration Land is registered by deeds which are formal legal documents that certify a person’s ownership of a piece of land. Article 5 of the 2008 Law on Managing Land Affairs details the types of documents that can be considered a deed. A deed can be a court-registered proof of land ownership document, a government decree proving purchase of the land from the government, tax payment documents, water rights documents, registered customary deeds and formal titles. Court judges draft and archive deeds. Immovable property is also registered in land registration and taxation books. People can use land as collateral if they have a legal title or use it to prove ownership when claims or disputes arise. Ministry of Urban Development and Land (MUDL) is responsible for carrying out cadastral survey, land clearance (including Land Acquisition, Resettlement and Rehabilitation management). This involves cadastral survey/land clearance (Tasfiya) to be followed with Land acquisition and resettlement and rehabilitation. The role of MUDL (Land clearance and Cadastral team), Ministry of Agriculture, Irrigation and Livestock (MAIL), National Water Affairs Regulation Authority (NWARA), Ministry of Finance (MoF), Provincial agencies (local municipality DEW, DAIL), Presidential Office and Requiring agency is clearly defined. The relevant commission will review all the eligibility documents including formal, customary and tax payment related documents to ensure land ownership and that no PAPs have been discriminated or excluded. Appendix 4 provides process with steps for land clearance and land valuation. While authorities have made a number of efforts to introduce a formal registration system in Afghanistan, only a third of the country's land has been surveyed. Only 10% of rural properties are covered by deeds, and archives are often outdated and inaccurate. As earlier systems were based on self-report rather than a Cadastre, land is often underestimated or overestimated for tax reasons. The switch to a cadastral system with the 2008 Law on Managing Land Affairs did not resolve these problems as cadastral records and court-based records sometimes do not match. 10 Authorities have had difficulty with registering community-owned lands and distinguishing between people who own and lease a particular land plot. As the land registration system has evolved over time, other ways have emerged apart from deeds to prove ownership. Ownership may also be proved through community certification, cadastral records, records from previous governments and customary documents such as bills of sale and purchase, wills, pawn agreements, plot subdivisions and witness accounts. Even if no documentary evidence of ownership exists, a person may claim land if they are putting it to productive use. 2.3 Land Acquisition and Resettlement The Constitution of Afghanistan (2004), the Law on Managing Land Affairs (2008) and the Law on Land Acquisition (2018) entitle the Government of Afghanistan to acquire private or government- owned land for public purposes upon payment of fair market value. According to these laws, compensation is based on rates determined by the legally constituted resettlement committee. If a land and property are acquired by the government for public purposes, the owner is entitled to receive (i) the value of land; (ii) the value of residential houses and buildings; and (iii) the value of trees and orchards and other assets on the land. A person, who loses his /her residential land plot, is entitled to receive a new plot of land of the same value. If they wish, they can receive a residential plot on government property in exchange under proper procedures. Under current law, when private landholdings are acquired for public purposes, compensation is paid to the owner based on the category and location of the land and the value of land for compensation is determined by a valuation committee consisting of the following members: (i) The Provincial Governor, head of the Committee; (ii) The Mayor, deputy head of the Committee; (iii) Director of ARAZI (Withing MUDL); (iv) Representative of cadaster survey of ARAZI (Withing MUDL); (v) Representative of Directorate of Agriculture, Irrigation and Livestock; (vi) Representative of Directorate of Urban Development and Housing; (vii) Representative of Directorate of Justice; (viii) Representative of Directorate of Public Works; (ix) Representative of Mastofiat; (x) Representative of Expropriating Authority; and (xi) Representative of Afghanistan Chamber of Commerce and Industries. The land acquisition process is initiated with the constitution of the commit tee�. If affected persons and their legal representatives are not satisfied with the compensation for an expropriated property, they can present their objection to the Expropriating Authority within 60 days of being notified about their compensation, and the Expropriating Authority shall assess the appeal within 30 days. If the affected person is still dissatisfied, the matter is referred to a jury consisting of (i) a representative of the relevant union of engineers; (ii) a representative of the Afghanistan Chamber of Commerce and Industries; and (iii) a representative of the people of the area subject to expropriation. The decision of the jury is final if the parties agree; otherwise the matter is referred to a competent court. The whole process is based on a negotiated approach and the affected person is included as a member of this legally constituted committee. The committee thus also performs the tasks of a grievance redress committee. 11 Overall, the above laws/regulations provide that the principle of compensation at full replacement cost is reasonable and legally supported. The laws also identify the types of damages eligible for compensation and indicate that compensation is to be given both for loss of physical assets and for the loss of income. 2.4 World Bank ESS5 The proposed project is expected to involve land acquisition and resettlement at the vicinity of project site site. Therefore, ESS5 addressing project-related land acquisition and restrictions on land use applies. The objectives of the World Bank’s Environmental and Social policy can be clearly achieved by following the principles described within ESS5. However, this RPF provides for a more detailed framework which not only complies with the WB policy’s objectives where in all cases, a clear basis for calculation of compensation will be documented by following transparent and inclusive procedures during resettlement. In accordance with the fundamental principles of policy, entitlements for compensation in responses to the adverse impacts due to project implementation are: ➢ Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; ➢ 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; ➢ 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; ➢ Compensation for losses will be delivered at replacement costs and compensation payments must be received prior to taking possession of the required land or other assets. ➢ In order to understand the extent of similarities and differences between the national law and WB ESS5 on land acquisition and resettlement a comparison between both is provided in Table 1 below. The table compares the two systems suggesting ways of reconciling them. Notwithstanding the differences between the national laws and World Bank's Environmental and Social Standard, in all cases of discrepancies between the two in compensation to PAPs, the World Bank's ESS will apply, unless the local requirement sets a higher standard or benefits for the PAPs. 12 Table 1: Comparison between the Law on Land Expropriation and ESS5 with Proposals for Reconciliation WB Environmental and Gaps between LAL and Law Acquisition Law (LAL) Measures to bridge the gaps Social Standards ESS5 ESS5 with comments No legal opportunities provided to Principle that involuntary potential APs and others to challenge or resettlement to be avoided The principle behind ESS5 Potential APs must be able to discuss proposed acquisition and where possible implies is followed in practice in discuss need for acquisition resettlement or for any public debate discussion of necessity for Kabul but the law is silent and alternatives with officials and approval on proposals. In practice and alternatives to on the matter. from the Ministry early discussions do take place. acquisition and resettlement Officials visit area before any official A date set prior to the action to assess land and structures Land values assessed as at No real gaps; just different commencement of acquisition values; values so assessed are the basis pre-project or pre- approaches to the same need should be fixed for land of compensation. This is practice as the displacement value to limit claims and values. This should be the cut- LAL is completely silent on pre- whichever is higher compensation. off date. acquisition procedures and processes. Census conducted of persons in the area to The RF prescribes that a As a matter of practice in Kabul efforts determine eligibility for census of eligible APs to be are made to determine those entitled to No real gap here. assistance, and to limit undertaken at the immediate compensation and resettlement inflow of people ineligible pre-project stage. for assistance; encroachers By article 6 of LAL, the right to own or Prepare resettlement plan on LAL does not provide for There is nothing in LAL to use land is terminated three months how project to be what ESS5 requires. Some prevent a more participative prior to the actual start of the project. implemented and pre-planning of projects will approach to acquisition as is So information on land to be acquired resettlement etc provided exist and informal called for in ESS5. The three- 13 is sent to APs three months before for. Emphasis on discussions with APs month rule could be acquisition. Informal discussions and participation by APs in involve participation. 3 interpreted to mean “not less negotiations occur both on land to be preparation of process and months’ notice may be too than three months� which acquired and on compensation. in project implementation little where relocation is would allow for discussions on It is at this point that donations of land Emphasis on early likely but not rigidly acquisition and its may be ‘invited’. information to be given to adhered to. consequences. The RF should potential APs of possible prescribe a participatory resettlement approach to acquisition and resettlement planning and implementation would not contradict the LAL and is the best way forward. 1. The LAL is silent on Prepare resettlement plan: resettlement but there is contents to include – nothing in the law to suggest Involvement of and ensure that a resettlement plan or APs their rights to 5. No special provision in LAL for a action to implement a (i) compensation resettlement plan or any special resettlement plan would be (ii) relocation assistance Major gap of substance arrangements for resettlement. illegal. (iii) development assistance 2. Provide for resettlement in new location. Distinction plan administratively but drawn between short and 3. Backed up by some full plans, depending on regulations numbers to be resettled. 6. The Council of Ministers approves The spirit of ESS5 conflicts Involvement of owners present expropriation of land. Unlike the No specific procedures with LAL’s non-provision on the land to be acquired and former law, there is no provision for the required by ESS5, but of involvement of the owner greater protection for absentee owner/user and or agent to be present content of resettlement plan apart from that provided for owners should be required by throughout all stages of acquisition. It implies APs will be in article 5. It is not clear the RF which could also serve follows that acquisition may proceed involved in all stages of why that is confined to “the as a prototype for regulations whether the owner etc is present or not. acquisition Municipality�. Given many made under article 22(5) of the However, under article 5 LAL, a absentee owners, it may be new law. commission is to be formed “by the 14 Municipality� on which the owner is unavoidable to allow represented to “determine damage absentee acquisition. incurred due to land expropriation� which is differentiated from compensation. Damage is explained in article 18 LAL. 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 LAL after transfer of A good provision. It does ownership, owner may enter acquired however make plain that the land and harvest crops except where LAL is about taking Not mentioned LAL ahead of ESS5 on this: urgent use of land prevents this agricultural land and does not deal with the issues of pastoralism. Given huge numbers of people 8. The bulk of LAL deals with not having and not going to get compensation but says nothing about formal legal titles to their land who is entitled to compensation. The in the foreseeable future, LAL assumption is that “owners� are should be interpreted so those entitled to compensation, but the law Fundamental principle of living and or working on land does not define “owners�. The old law ESS5 is that all those on Major gap of substance in at the census date receive fair drew a clear distinction between those land are to be entitled to fair the law but given practice in compensation and resettlement with legal title and those with compensation and rural areas, it is not assistance. As with 6 above, customary title or no title with respect assistance with resettlement unbridgeable. the RPF can provisions for to the payment of compensation. irrespective of their title to compensating all those on the Practice in rural areas was quite land. land and this can be a model accommodating to those with for future regulations to be customary titles. made under the LAL. Practice in Kabul is to acquire This is the one major area documentary evidence for a claim for where there is considerable compensation. divergence between LAL and 15 ESS5. It will be necessary to comply with ESS5. The Constitution provides for payment of prior and just compensation. (English translation). The LAL at article 2 provides for the payment of prior and adequate compensation. If there is a distinction between just and ESS5 must be accommodated. adequate, then the constitutional ESS5 requires prompt and There does appear to be a The lack of any detail in LAL provision of just compensation effective cash compensation gap between the LAL and on how to assess compensation prevails. sufficient to replace the lost ESS5. The LAL has a lot of and the content of Article 8 provides that compensation land and other assets at full gaps in it. Sensible not to compensation (apart from shall be “the price� of land or houses or replacement cost in local insist on market value in the article 13) allows for the trees etc and article 10 provides that the markets. absence of reliable creation of a clear Council of Ministers shall determine Compensation for lost functioning markets. comprehensive and fair code the price. But article 15 provides that livelihoods required Biggest gap is compensation on compensation applicable to the municipality and the administration Disturbance compensation for squatters and even their all acquisitions including for agriculture determine the required best practice does provide resettlement and retraining compensation for trees etc. Article 13 Land for land compensation some compensation to those costs which can be a part of the sets out detailed provisions for encouraged. with no legal title. RPF without doing violence to obtaining residential plots where a Resettlement costs and ‘start Practice of paying the existing law. Article 40 of person has had land acquired; the more up’ expenses required. All compensation into a bank the Constitution suggests that land acquired the more residential plots these provisions can be used even when APs not absentee option 3 should be the are paid as compensation. to provide for compensation difficult to reconcile with preferred one. It should be Disturbance compensation not to pastoralists prompt payment of supplemented by guidance on provided for compensation. how to apply the code in Compensation can be land for land practice. Unlike the former law which provided that compensation may be paid into a bank, LAL is silent on the mechanics of paying compensation. No assistance for APs to access bank for their compensation. 16 Practice on the ground is careful and painstaking. No provision in the law on resettlement ESS5 requires The RPF should provide for support. implementation of the making of a resettlement Practice seems a little haphazard and Major gap of substance as resettlement plan the plan (5 above) which should be tends to turn on legality of occupation noted in 4 above. contents of which are noted based on a guided participative of PAPs who are to be relocated at 4 above approach to implementation. ESS5 is silent on judicial Develop grievance handling and administrative LAL provides for administrative practices but keep them arrangements. agencies to manage acquisition A major gap on grievance administrative rather than It requires appropriate and processes and deal with compensation. mechanisms and current legal. accessible grievance APs are part of some committees administrative arrangements Make legal provision for mechanisms to be dealing with compensation. in LAL difficult to reconcile appeals from administrative established for those being No provision for courts to be involved with the participative decisions and decisions on resettled. or for appeals. approach of ESS5. compensation to an Logic of ESS5’s references In practice, committees may act to Earlier laws involved independent body. to ‘meaningful consultation’ solve grievances payment of compensation in The GRM to provide for co- with APs and making use of No provisions for e.g. legal aid to assist the presence of a judge and operation with Shuras and CBOs and NGOs suggests APs to make claims. allowed an appeal albeit community councils in areas preference for decision- Practice at least in Kabul does appear from the judge to a Minister. where PAPs are. RF to provide making process which is not to try and help PAPs. for these just part of the administration. Provide monitoring for WB ESS5 states that the projects as required by ESS5. Major gap on procedures borrower is responsible for Establish specialist monitoring but arguably, monitoring is LAL does not provide for any external adequate monitoring and agency for all projects not part of land acquisition monitoring body or process evaluation of the activities involving acquisition and so no legal impediment to set forth in the resettlement resettlement Empower providing for same. instrument. provincial and local institutions to monitor projects. 17 2.4.1 Resettlement Approach Following national legislations and the ESS5, the framework for resettlement and rehabilitation of the Project Affected Persons by the A-WASH project will be adopted in the following approach: 1. Avoiding acquisition to the extent possible 2. Resettlement Action Plan preparation & disclosure Implementation of RAP i. Notifying acquisition ii. Determination of claims & payments iii. Taking possession 2.4.2 Step 1: Avoiding Acquisition wherever possible ➢ The first step addressed by ESS5 is avoidance of land acquisition and resettlement if possible. Land acquisition should be seen a last resort and resettlement should not be seen as the easy and first option in terms of what governmental action might be necessary; ➢ To meet requirements of the above step, a comprehensive Social Impact Assessment (SIA) and financial analysis of each proposed investments needs to be carried out which will include assessment of alternatives to avoid or minimize acquisition and the financial implications to it; ➢ A preliminary investigation and assessment of the land that may be acquired for the different options must be undertaken. Following the above steps, analysis of alternative options and consultations with potential PAPs and other stakeholders conducted, then a decision on available options are made; ➢ Persons likely to be affected by the project (PAPs) 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 prior to and separate and distinct 18 from affected people (APs) participating in the planning of any resettlement that has to take place; The affected persons shall have access to GRM, in case where he or she has any concern to raise concerning the site selection for relocation site. 2.4.3 Step 2: Prepare a detailed Resettlement Action Plan through consultation and information disclosure The legal land acquisition process is defined by the Law on Land Acquisition of 2017. The key steps are summarized below and include additional requirements to align the regulatory process with World Bank requirements. 1. Application by the Expropriating Authority: The Expropriating Authority will identify the land requirements and provide a sound rationale for the compulsory acquisition of the land. This will be included into an application or notice made by the Expropriating Authority to the Government of Afghanistan. 2. Formation of Evaluation Committee and Technical Valuation Panel: The Government of Afghanistan will establish an Evaluation Committee (Article 12 of the Law on Land Acquisition) as well as the Technical Valuation Panel (Article 22 of the Law on Land Acquisition). 3. Community Sensitization and Engagement: The Expropriating Authority, in coordination with the Technical Panel, will be required to consult with the communities of the area that is targeted for acquisition. To align with World Bank requirements meaningful consultation with PAPs and transparent disclosure of information about land acquisition, compensation and resettlement process is required in a culturally appropriate manner and in the relevant local languages. 4. Land Clearance and Cadaster Survey: Where there is a question on land ownership rights, the Expropriating Authority, through MUDL, will undertake a systemic land registration/verification process prior to the commencement of land acquisition. This should include the cadastral mapping on claimed land, vetting ownership claims to the land and issuing for formal documentation where applicable consistent with the provisions for land clearances in Chapter 4 the Land Management Law of 2017. 5. Cut-off Date: Date of beginning of the census of persons and inventory of assets affected by the Project. If (a) person(s) should occupy the project area after the cutoff date, they will not be eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the cut-off date will not be compensated. Before the census, IA will publish the information about the cut-off date in local newspapers, informing all owners and users of the initiation of the expropriation process. The cut-off date will also be publicly disclosed on notice boards in local communities and relevant municipalities and at consultation meetings, with an accompanying explanation. The public announcement will also be posted, as necessary, on frequently visited locations throughout the affected areas; In the case of this particular RPF, this step will have to be taken several times over with respect to each specific project. 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. 19 6. Asset Inventory: The Expropriating Authority in coordination with Acquiring Agency (Ministry of Urban Development- MUDL (cadaster and land clearance departments, directorate for LAR&R) and provincial valuation team/local government officials)), through the Technical Panel or any person authorized by the Expropriating Authority, may lawfully enter the target land and survey the land and any other fixed assets. This will be linked to formal notification of a Development moratorium. 7. Determine Valuations: The Expropriating Authority, through the Technical Valuation Panel, will establish a compensation schedule or bill of valuations for affected land and assets, consistent with the provisions of the Law on Land Acquisition, 2017. To align with World Bank requirements, the schedule would need to make provision for full replacement value, in addition to legal requirements. The deliberation of the provision of replacement assets to be offered to Affected Persons will also be considered as part of the valuation. The Expropriating Authority, through the Valuation Technical Panel, would need to determine the specifications for all replacement assets (i.e. building designs, infrastructure replacement, business structures) as well as assess the option of providing replacement land. The values will be determined as compensations by a committee of various stakeholders having representation of various ministries, Governor’s office, Arazi, community and representatives of affected families. The replacement cost for land will be estimated considering factors such as recent sales, agricultural productivity yield for 20 years and market rates as reported by the community members. In addition to the land, PAPs will also be eligible for compensation for loss of buildings and structures, trees, crops and other land and non-land assets. 8. Prepare List of Affected Persons and Valuation Schedule: The Expropriating Authority, through the Technical Valuation Panel and MUDL, will establish a definitive list of Affected Persons and the final valuation schedule/report. The list and report will be submitted with the Expropriation Plan / RAP to the Government of Afghanistan and the Evaluation Committee for approval. 9. Preparation of Resettlement Plan: once the land clearance and land valuation surveys are completed by the Expropriating Authority and the complete list of PAPs along with compensation detail and other information are available, the client will develop a Resettlement Plan (RP) in full compliance with the approved Resettlement Framework and ensure all the required information about PAPs, eligibility and entitlement under the RF, land acquisition, land valuation, vulnerable people, institutional arrangements, timeline with budget and GRM are included in the RP. The same reports would need to be submitted to the World Bank for review and approval. 10. Article 9 Notifications: The Expropriating Authority, after approval of the RAP and the Asset Inventory and Valuation reports, will inform PAPs of the intent to acquire the land. This must occur six months prior to implementation, through mass media and the local administration, as per Article 9 of the Law on Land Acquisition. 11. Article 34 Objections: Under Article 34 of the Law on Land Acquisition, Affected Persons may object to the land acquisition process or their compensation offer within 60 days after the date of receiving information about compensation, to the Expropriating Authority. The authority will be required to assess the objection and decide with respect to the objection within 30 days of receiving the objection. 20 Where the Affected Person is not satisfied with the decision of the Expropriating Authority, the objection shall be referred to a Jury established under Article 34 of the Law on Land Acquisition, and thereafter to the Courts. 12. Final Award and Taking Possession of Acquired Property: At the conclusion of the notification and hearing of objections under Article 9 and Article 34, the Expropriating Authority shall pay compensation (including the provision of resettlement assistance where applicable) to the Affected Persons, prior to the implementation of the project. 13. 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. The compensation amount will be transferred into an escrow account in one of the Bank. Once the absentees are appeared then their compensation from an escrow account will be transferred to their individual accounts. 14. Disclosure- The translated version of draft and final RP will be disclosed in accessible places to local people and the English and translated virions should also be disclosed on ministry website and Bank website. The eligibility criteria and entitlement matrix will also be disseminated among the PAPs. During RAP preparation, the following process should be taken into account, which must include measures to ensure that PAPs are: ➢ informed about their options and rights in relation with resettlement and compensation; ➢ consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and ➢ Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project-related land acquisition. If the impacts include physical relocation or displacement of affected persons, the resettlement plan must include measures to ensure that the displaced persons are; ➢ Provided adequate and timely assistance (such as moving allowances) during relocation; and ➢ Provided with residential housing, or housing sites, or, as required, sites for which a combination of productive potential, geographical advantages, and other factors is at least equivalent to the advantages that they had at the old settlement. Where necessary, the resettlement plan should also include measures to ensure that displaced persons are; ➢ 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; 21 ➢ Provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities; ➢ 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, obtain employment in e.g. a commercial mining operation. ➢ RF requires to include specific clauses in the bid document to complete the RAP implementation process three months prior to commencement of civil works and the land handover schedule and process would be included in RAP accordingly. ➢ Established accessible GRM system to address concerns/complaints that might be raised during resettlement process by the affected people. ➢ Issuance of invitations specific to the relevant groups: i) female PAFs; ii) pastoral nomads of the area; iii) displaced PAFs/IDPs, poor and other vulnerable groups. ➢ Considering the Conduct specific consultations with each of these groups separately in a location and venue easily accessible to them. ➢ Consultation with vulnerable people will be conducted throughout the RP preparation and implementation process. There will be separate FGDs arranged with vulnerable people during RP preparation and implementation stages. The key focus will be to explore problems and needs of these groups and how to reach them during the overall land acquisition, resettlement and rehabilitation process. There will also be regular meetings conducted with these group during project implementation. The above provisions require a very judicious estimation of financial and other assistance and need to be dealt very carefully. The RAP should also establish clear and transparent processes to provide for just, fair and equitable distribution of assistance to minimize discretionary and biased approach in the decision-making processes. 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; ➢ Entitlement matrix and eligibility criteria; with special additional allowance for identified vulnerable households ➢ Details of person/s who are 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 including; o Whether the land is occupied and by whom; o What the land is presently being used for; 22 o The condition of the land and its facilities; ➢ All necessary arrangements made by the project implementing agency to facilitate resettlement and disbursement of moving allowances etc. The manner and form in which compensation amounts with clear definitions of categories of land to be acquired and mechanisms to decide on land prices for compensation payable; ➢ An estimate of the compensation payable and of the resettlement expenses; ➢ Budget to implement RAP; ➢ The procedures to be followed in executing the plan; ➢ The arrangements for the involvement of PAPs in execution of the plan; ➢ Participation of PAPs in the design, execution and monitoring of RAP implementation. There will be informal day-to-day meetings among PAPs, MOF 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; (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; ➢ The arrangements to challenge plan execution and compensation (establishment of a Grievance Redress Mechanism easily accessible for PAPs and other stakeholders), in accordance with the WB ESS10. Where possible, the GRM may use existing formal or informal grievance mechanisms suitable for project purposes, supplemented as needed with project-specific arrangements designed to resolve disputes in an impartial manner. ➢ Appropriate Institutional arrangements to implement the RAP; ➢ The arrangement for monitoring mechanism. 2.4.4 Land Donation There must be very clear documentation that any person who ‘donates’ land to the project is made fully aware of his or her right to receive compensation for any land which he or she is losing to the project and specifically waived that right. It is essential to make it certain that such donations are genuinely voluntary, and that the giver of the land does not expect some special benefit or treatment from the project because of the donation. Where there is any possibility of such special treatment or the expectation of same, the donor of the 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 their land acquired compulsorily. Wherever land is donated there will be documented evidence that: ➢ The potential donor or donors have been appropriately informed and consulted about the project and the choices available to them; 23 ➢ person donating the land was not subject to pressure to donate and that he/she could freely have opted not to donate; ➢ Potential donors are aware that refusal is an option, and have confirmed in writing their willingness to proceed with the donation; ➢ The amount of land being donated is minor impacts (as loss of less than 10 percent of an individual’s holdings) and will not reduce the donor’s remaining land area below that required to maintain the donor’s livelihood at current levels; ➢ No household relocation is involved; ➢ The donor is expected to benefit directly from the project; ➢ That the donor has clear title over the land and such land is not being used by a third party who could be affected; ➢ For community or collective land, donation can only occur with the consent of individuals using or occupying the land; ➢ The Borrower will maintain a transparent record of all consultations and agreements reached. The bottom line is that no livelihood or living condition of the landowner and/or user should be adversely affected without having the corresponding mitigation measures. 2.4.5 Eligibility Criteria Project affected persons may be classified and include: i) those with formal legal rights to land, including customary and traditional rights recognized under the law of the country; ii) Those who do not have formal legal rights to land at the time the survey begins but have a claim to such land or assets, provided that such claims are recognized under the law or become recognized through a process identified in the resettlement plan; and iii) Those who have no recognizable legal right or claim to the land they are occupying. 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. The rationale for this assistance is that people in this group are usually the poorest members of a 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 conditions, it is the ESS5 requirement, 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. However, people 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 2.4.6 Step 3: Implementation of RAP The third and final step is the execution of the Resettlement Action Plan, further divided into three subsets provided below. These sub-steps are not set out specifically in ESS5; they are however a necessary part of land acquisition and resettlement and must be written into the RF to take place. 24 1. Notifying acquisition: To ensure public notifications and intensive personal contact with owners and occupiers of land and oral explanations of what is happening and what owners and occupiers should do in order to ensure that they obtain recognition for their occupation of land and compensation for same. Acquisition of land will also necessitate full and clear documentation of what is happening. In the case of temporary displacement (if any), full explanation of the circumstances of such displacement including period for which and where will the occupiers be temporarily located and in what form of accommodation including their eligibility for compensation, if any will have to be recorded. In case of voluntary donation of Land, the donor should be clearly made aware of his/her right to receive compensation and the process should be clearly documented to avoid any future claims or objections; 2. Determination of claims and their payments: To determine the claim amounts payable to each affected person and their speedy disbursements ESS5 distinguishes between compensation and assistance, financial or otherwise, in connection with resettlement. This distinction makes it 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 restore lost livelihood, i.e. to put a person back into the position as close as may be as he/she was prior to having his/her land (including buildings and natural resources on the land) acquired and or the value of retained land diminished and or having to vacate his/her land and move elsewhere, then monetary compensation for loss of assets should be added to what may be called resettlement expenses. In order to comply with ESS5, this sub-step includes below contents: ➢ Making claims for compensation ➢ Provision of assistance to PAPs in making claims ➢ Assessment of claims ➢ Determining claims and dealing with appeals ➢ The payment of compensation Compensation will include; ➢ Full replacement cost of land taken at its market value plus transaction costs (e.g. registration fees, selling/buying taxes, etc.) ➢ alternative land of the same quantity and quality if possible ➢ resettlement expenses (which for these purposes includes temporary displacement) 3. Acquiring Possession: In order to ensure a peaceful and sensitized approach towards taking over of the land – the entering into possession of the land by the acquiring authority – and the departure and resettlement of PAPs. Assistance with resettlement and displacement will include; ➢ Assistance with packing up and moving including moving back on to the land after temporary displacement including working with and providing additional resources for the ‘host’ community 25 ➢ 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 is a need for constant contact with PAPs both individually and via their representatives where there are substantial numbers of PAPs involved. A consensual rather than a confrontational approach must be taken to decision-making on awards of compensation, which means that would be comprehensive consultation and negotiation with PAPs regarding compensation package in order to minimize grievances and complaints. RF requires to include specific clauses in the bid document to complete the RAP implementation process three months prior to commencement of civil works. The land handover schedule and process would be included in RAP. 3 ELIGIBILITY FOR COMPENSATION 3.1 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 (PAPs)�. PAPs - entitled for compensation ➢ All PAPs losing land with or without title, formal land-use rights or traditional land use rights; ➢ Tenants and sharecroppers whether registered or not; ➢ PAPs losing ownership of buildings, crops, plants, access to assets, structures or other objects attached to the land; and ➢ PAPs losing business, income, livelihood and salaries. 3.2 Land Tenure and Compensation Entitlement In the case of A-WASH, persons who may principally be entitled to compensation will be those who may lose small or whole amounts of land as a result of investment in the extractive industry. The following categories of the PAPs will be entitled for compensation for loss of land: 1. Legal Title Owners: Owners having written evidences of land ownership under the formal system of property rights like different kinds of deeds or legal documents with copies in the Court Registries or any other official documentation issued by or on behalf of the government, establishing their right as an owner of the land in question. 26 2. Titles with Customary documents: Owners having documents recognized by both official and customary law as giving rise to ownership rights. 3. Occupiers of Land for a long period: Persons who with oral and other evidence with probative value can prove that they or their family have been in occupation of the land for at least 35 years. 4. Other Occupants of land: Limited to only those persons who have had open, continuous and interrupted possession of land over a very long time that effectively vests in them legal rights over the lands they occupy through acquisitive prescription. Squatters and Encroachers will not be entitled for compensation for loss of land, but Non-land assets will be compensated at replacement cost (especially poor and vulnerable). The poor and vulnerable households will be also eligible for assistance. 3.3 Compensation Entitlements & Livelihood Restoration The PAPs in the project are entitled to various types of compensation and resettlement assistance that will assist in the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All PAPs are equally eligible for cash compensation and rehabilitation assistance, 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, then they would have been without the project. Where PAPs livelihood is mainly depends on land, in this case land- for- land compensation it should be the most preferred form of compensation and cash compensation should be last resort in such cases. Thus, the consultation and negotiations for should focus on land for land. In cases where land impacts are very minor, cash compensation may be the most practical option. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, businesses, mining activities incomes, etc.) as elaborated below: ➢ Agricultural land Loss: It is important to note that preference should be given to land-based resettlement strategy. Loss of agricultural land will be compensated at full replacement value at local market rates4 plus an additional indemnity for 3 months as transitional livelihood allowance. ‘Replacement cost’ is the method of valuation of assets that help determine the amount sufficient to replace lost assets and cover transaction cost. AUWSSC in consultation with MoF will shoulder all fees, taxes, and other charges, as applicable under relevant laws incurred in the relocation and resource establishment and in issuing new title deeds. 4 The Valuation Committee will be represented by local authorities including member of the local municipality, who has engaged fixing prices for the local market and acquire updated information about the local market prices. The compensation amount fixed by the valuation committee members will coincide with the open market rates, otherwise the PAPs would not accept it. 27 ➢ Severe Agricultural Land Impacts: In case PAPs are losing more than 10% of his/her total agricultural landholding, PAPs (owners and other occupiers defined as eligible herein), in addition to the compensation explained above, will be entitled to get an additional amount for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Meanwhile, the PAPs will be provided access to the capacity building and training program on a priority basis for development of an alternative sustainable livelihood. ➢ Residential/Commercial Land Impacts: These impacts will be compensated at replacement value in cash at current market rates free of deductions for transaction costs Also, PAPs are provided with choices among feasible resettlement options, including residential housing or housing sites. Apart from this, the owners/renters of residential buildings will be assisted with finding alternative accommodation and provided with a monthly relocation allowance for a period not exceeding three months or till they move to an alternative accommodation, whichever is earlier. The monthly amount payable will be clarified in the RAP; ➢ Houses, Buildings, Structures 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. Renters/leaseholders will receive an allowance of geared to the rent they are paying for 3 months to cover emergency rent costs; ➢ 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 (fruit growing trees). Productive trees will be valued at gross market value of one year of 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, including fishing and artisanal mining, will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise (small & medium) business loss allowance will be decided based on the market rate of the day and nature of business. Permanent business losses will be based on actual income loss or in cash for the period deemed necessary to reestablish the business (6 months). Compensation for temporary business losses will be cash covering the income of the interruption period up to 6 months based on a monthly allowance of similar business in the region. The details should be provided in the RAP. In the absence of any substantial and verifiable system to calculate incomes 28 of such small businesses in the rural areas of Afghanistan, the compensation for business losses cannot be ascertained. However, these businesses will be entitled to compensation for any loss of asset similar to as described above, such affected persons or members of their families will also be entitled to avail the capacity building and training opportunities made available to the others PAPs; ➢ Community Structures and Public Utilities: Will be fully diverted or rehabilitated so as to satisfy their pre-project functions; ➢ Vulnerable Households: Vulnerable people (PAPs below the poverty line, women headed household, mentally challenged headed households, etc.) will be provided an additional allowance equivalent to 3 month of average household income, 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; ➢ Temporary impacts: Landowners who lose use of their land temporarily because of project activities will be compensated in cash covering the period of interruption based on an agreed monthly allowance. ➢ Transitional Livelihood allowance: PAPs forced to relocate will receive a livelihood allowance (that will be mutually agreed upon) for the duration of the livelihood interruption, computed based on the prevailing wage rate of the time and region. This is also the basis for cash compensation on lost wages; ➢ Land Replacement Values: will be assessed based on a survey of land sales in project areas over the last 3 years and of government rates (if any) as per local revenue papers. Land values and compensation for other assets, will be negotiated between PAPs and competent authorities if concrete data on land market rates are unavailable; ➢ Gender Inclusion: Documentation of ownership or occupancy and compensation payments should be issued in the names of both spouses or single heads of households as relevant, and other resettlement assistance, such as skills training, access to credit, and job opportunities, should be equally available to women and adapted to their needs. 3.4 Unit Compensation Rates and Budget Establishment of Rates for Land Acquisition/Resettlement Prompt and adequate compensation provision is guided in the ‘Land Acquisition Law’ (2018) but is silent on the details of compensation. In the absence of detailed rules; it will not be in conflict with the LAL for details to be developed in the context of this RF and applied to the project. Also, in order to comply with the World Bank’s ESS5, rates used to compensate for lost land and assets must be at 29 replacement cost in local 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 ESS5, “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, attempts will be made to establish access to equivalent and culturally acceptable resources and earning opportunities. 3.4.1 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 buildup 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 including mining 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. 3.4.2 Valuation of Structures The classification of structures (temporary, semi-permanent and permanent) refers to the materials used in construction. The valuation of structures into three classes: Class-1: Mud/brick/wood walls, mud/tin roof; Class-2: Tiled roof and normal cement floor; and Class-3: RCC, single/double store building These classes will be determined after various consultations with some owners who recently built their houses, local contractors and some local civil engineers. 3.4.3 Valuation of Crops and Trees Valuation of crops and trees is quite complicated due to lack of reliable data in terms of yield. The results of the socio-economic survey are not reliable because the majority of the respondents are 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 is 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 will be estimated as per the rate of the day in the market; however, this estimate will be fine-tuned in the preparation of any RAP document. 30 The compensation for productive trees is based on the gross market value of 1 year’s 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 year 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 as a result of the project impact. 3.4.4 Livelihood Restoration Allowances The resettlement strategy is to provide compensation for all lost assets at replacement cost in order that PAPs’ incomes and livelihoods are not adversely affected and where possible improved. All PAPs 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 poor and vulnerable PAPs). PAPs will also be given first preference for employment opportunities on the project related activities. Income Restoration Allowance for Crops Losses: These impacts will be compensated through cash compensation at current market rates for the full harvest of one 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 (6 months). Permanent business will receive an amount equaling to average monthly salary for 6 months. Compensation for temporary business losses will be cash covering the income of the interruption period up to 3 months based on an average monthly allowance in that period in time. Income Restoration Allowance for Business workers and employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months. Income Restoration Allowance for Severe Agricultural Land Impacts: When >10% of a PAP’s agricultural land is affected and or in case remaining land holding become less than minimum land holding5 PAP (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. Again, if the holding is small and the remaining area is not economically viable, the family will be compensated both for the lost asset and for the remaining unproductive asset. 5The minimum economic land holding size is defined when the remaining area is not economically viable for agriculture use. 31 Vulnerable Households: Vulnerable people (PAPs below the poverty line, women headed household, mentally challenged headed households, as identified under ESIA) will be provided an additional allowance equivalent to 3 months of average household income, and priority in employment in project-related jobs; Transitional Livelihood Allowance: PAPs losing productive land or losing a house and forced to relocation will receive a livelihood allowance of average monthly salary until livelihood restoration. Rental Allowance: House Renters who are forced to relocate will receive a rental allowance equivalent to three (3) months’ rent at the prevailing market rate and will be assisted in identifying alternative accommodation. Bank Account: All project affected families eligible to receive cash compensation of some sort will be assisted in opening a bank account in the name of both spouses, to which all compensation will be issued. Employment Opportunity to PAPs (for unskilled and semi-skilled tasks during construction): 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. Table -2: Matrix of Compensation Entitlements and Rates Definition of Type of Loss Application Compensation Entitlements PAPs/PAFs Land Permanent Land PAPs losing Titled Owner: Cash compensation at full replacement cost or a Loss, productive land Owners with fully replacement land plot. If the residual plot regardless of registered (land title) becomes unviable for cultivation, the project will Access or impact severity land ownership. acquire it if the owner so desires. Transitional Damage to allowance for livelihood losses for 3 months Agricultural period. The amount will be determined when the Land project becomes effective. Customary Owners: The ownership rights of these PAPs will be PAPs with formal/ recognized, and the PAPs provided with cash customary deeds, or compensation at full replacement cost or a traditional land rights replacement land plot. Transitional allowance for as vouched for by local livelihood losses for 3 months. The amount will Jirgas, elders or be determined when the project becomes Community effective. Development Council. Non-legal/Informal Non-legalizable PAPs losing agricultural land Settlers: plots will be compensated with one-time PAPs that are not allowances in cash. The sum will be determined legitimate land users, when the project becomes effective. Where or squatters. PAPs are able to prove that they have possessed the property for at least ten years, they may be granted replacement land consistent with Article 32 of the Land Acquisition Law of 2017. 32 Definition of Type of Loss Application Compensation Entitlements PAPs/PAFs Agricultural Full compensation of income of lost crops x the Tenants: PAPs that remaining years (up to 5 years) of lease. In case are documented or of tenancy no crop compensation will be given undocumented farmer to the landowner. tenants. Agricultural Compensation of lost income for the remaining Landlord: PAPs that term of the lease. have documented proof of ownership of land that supports agricultural tenants. Non- PAP losing Titled Owner: Cash compensation at full replacement cost or a Agricultural their Owners with fully replacement land plot. If the residual plot Land commercial/ registered (land title) becomes unviable, the project will acquire it in residential land ownership. its entirety if the owner so desires. Transitional land allowance for livelihood losses for 3 months period. The amount will be determined when the project becomes effective. Customary Owners: The ownership rights of these PAPs will be PAPs with formal/ recognized, and the PAPs provided with cash customary deeds, or compensation at full replacement cost, or an traditional land rights equivalent replacement land plot. Transitional as vouched for by local allowance for livelihood losses for 3 months. Jirgas, elders or The amount will be determined when the project Community becomes effective. Development Council. Non-legal/Informal Non-legalizable PAPs losing a land plot, Settler which is the only land plot used for residence, (Without will be offered a government land and one- registration/valid time allowance in cash. The amount will be documents using land determined when the project becomes permanently.) effective. Temporary N/A N/A Temporary loss of land plots will be Impact on Land compensated for the loss of produce for the Plot duration of the impact. Buildings and Structures Residential and Owners – All PAPs Cash compensation for loss of building/structures Non-residential regardless of their at full replacement cost free of taxes, depreciation Structures/Assets legal ownership/ and covering all transaction costs registration status to structures. Tenants – All PAPs Tenants who are forced to relocate will receive a that are documented rental allowance equivalent to three (3) months’ or undocumented rent at the prevailing market rate and will be tenants occupying assisted in identifying alternative accommodation. structures / assets. Loss of Community Infrastructure/Common Property Resources 33 Definition of Type of Loss Application Compensation Entitlements PAPs/PAFs Loss of Common Community/ Communal Users – Reconstruction of the loss of resource/asset in Property Public Assets The communities that consultation with community and restoration of Resources utilise communal / their functions. public land. Loss of Income and Livelihood Crops* Affected All PAPs (owners or Cash compensation equal to replacement value Standing Crops sharecroppers) of the lost crop, plus cost of replacement of on Affected regardless of legal seeds for the next season. Advance notice to Agricultural status (including harvest crops will be provided. Land legalizable and informal settlers) Trees Trees located All PAPs regardless (i) Wood trees: market value based on the on Affected of legal status value of wood. Land. (including legalizable (ii) Fruit trees (productive): compensated and Informal settlers) according to the price of firewood plus the value of fruit borne by the tree for a period of five years. If the tree has bloomed, the price of that year's yield is paid in addition to the value of fruit born by the tree for a period of five years. (iii) Seedlings: Replacement cost The owner keeps the cut tree. Business/ Permanent or All PAPs regardless Owner: Employment temporary of legal status (i) (permanent impact) cash indemnity of 6 business/ (including legalizable months net income based on paid taxes or in the employment and Informal settlers) absence of income proof, one-time cash loss compensation based on a fixed rate which will be determined when the project becomes effective. (ii) (Temporary impact) cash indemnity of net income for months of business stoppage (up to three months). Assessment to be based on tax declaration or, in its absence, a fixed sum (the amount to be determined at project’s effectiveness). Permanent worker/employees: Indemnity for lost wages equal to actual wage for 3 months or in case of absence of tax declaration, a fixed sum which will be determined at the project’s effectiveness. Allowances Severe Impacts >10% income All severely affected Agricultural income: Additional crop loss PAPs including compensation for 1 year’s yield of the affected informal settlers land or, for other non-agricultural incomes: an allowance covering 3 months of the national minimum subsistence or a fixed sum which will be determined at project’s effectiveness. 34 Definition of Type of Loss Application Compensation Entitlements PAPs/PAFs Relocation/ Transport/ All PAPs to be An allowance covering transport and livelihood Shifting transition costs relocated expenses for the transitional period. (sum to be determined for vehicle hire charge and a fixed sum as a transitional allowance). Vulnerable PAPs below poverty Additional lump sum equivalent to 3 months of an People line, PAPs headed by average family income, as a vulnerability Allowances women, PAPs headed allowance and employment priority in project- by disabled person. related jobs where feasible. Internally displaced persons * Crops that are eligible for compensation are restricted to legal crops only. No provision is made of the compensation of any cultivated poppy plants as this is an illegal activity which cannot be condoned. Provision is however made for Affected Persons to adopt alternative livelihoods consistent with national government policy under the National Alternative Livelihood Policy (Ministry of Counter Narcotics, 2012) 35 4 INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION Overall responsibility for the Project will rest with AUWSSC/ESSU. Implementation of guidelines and principles stipulated in the RF will be the sole responsibility of AUWSSC ensuring adherence by all stakeholders to the E&S standards and guidelines of the framework. At the national level, a Project Steering Committee (PSC) will oversee the implementation of the project and subproject activities in target sites. A Project Steering Committee will be responsible for overall project coordination, project progress reporting (including results monitoring) and coordination with other stakeholders. It is envisaged that PSC will comprise of decision-making representatives of relevant governmental agencies as per the table (1) below. This organizational structure aims to assure sufficient implementation capacity for the project. The following table describes the proposed PSC and its responsibilities for the A-WASH project: Table 5: Proposed PSC structure National Level National Water Affairs Regulation Responsible for management of water resources in the country. Also responsible Authority (NWARA) for implementing the project for increasing the Dahla Dam Reservoir. The World Bank (WB) Project implementation oversight, reporting, Grant Committee administration Ministry of Finance (MoF) Release of project funds and fiscal monitoring of the project Land acquisition and resettlement sustenance. AUWSSC & Ministry of Urban Development and Land (MUDL) & ARAZI National Environmental Protection Oversee the overall ESIA of the project. Stakeholder engagement and Agency (NEPA) environmental auditing of the project activities. Provincial Level Governor’s office Responsible for oversight and coordination of activities implemented within the province. Support in smooth project implementation. Kandahar Strategic Business Units Work parallel with AUWSSC to plan, implement and sustain an expansion of safe water supply. Arghandab Sub-Basin Agency (ASBA) Data sharing related to water resource and technical support in water supply Relevant Directorates of the Ministries Directorates of the substantial and national institutes have the overall influence (MUDL, NWARA) on project implementation and monitoring. Kandahar Municipality The project involves extension of water distribution network and infrastructure in Kandahar city. The municipality will be responsible for overall support in implementation and quality control 36 Preparation of Resettlement Plan: Once the land clearance and land valuation surveys are completed by the Expropriating Authority and the complete list of PAPs along with compensation detail and other information are available, the client will develop a Resettlement Plan (RP) in full compliance with the approved Resettlement Framework and ensure all the required information about PAPs, eligibility and entitlement under the RF, land acquisition, land valuation, vulnerable people, institutional arrangements, timeline with budget and GRM are included in the RP. The same reports would need to be submitted to the World Bank for review and approval. 5 GENDER MAINSTREAMING INTO RESETTLEMENT PROCESS This section provides mechanism for gender mainstreaming into resettlement process, mechanisms for consultation with women on land acquisition impacts. 5.1 Considering Gender Issue The AUWSSC and the contractors must ensure that development plans for affected communities have a specific gender component and ensure that enough benefits of the project operations must flow to women living in the area while their participation in various areas of the operations is encouraged and prioritized. Similarly, the poor and marginalized sections within the communities living in the areas are at a major risk of not benefitting from the economic opportunities of the investments while bearing most of the negative socio-economic impacts in the area. The project intervention may use their land and water which is a source of livelihood and may even result in displacement and homelessness. Their ability to get productive employment the operation is also severely limited by their education and work skills. The poorer sections may get further affected by influx of labor coming from outside which may not only cause social conflict but also put pressure on existing social infrastructure like schools, hospitals, drinking water etc. 1. 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 RAPs. 2. In the project, special attention will be paid to female-headed households, both those with and without land, as they are generally amongst the most vulnerable in communities and risk having their rights ignored. Although women’s ownership of land is not widespread it is important to ensure that their land rights receive equal recognition in the project and in any resettlement activities. Moreover, where land acquisition is at stake, it is important to ensure that both male and female members of the household leaving their lands/houses agree to the resettlement offer made as at times female members are not consulted by their male members when they agree to certain terms on voluntarily giving up their lands or getting cash in return. Thus, the ESMU within the AUWSSC will have special responsibility to: 37 ➢ Ensure that A-WASH project actively promotes and uses women’s CDCs to enhance outreach to women both in terms of seeking their ideas and feedback as well as facilitating their complaints registration and complaints handling to and by the GRM Committee; ➢ Ensure that the Affected Persons do have female members or establish separate female-only APs. ➢ Have multiple and regular consultations with the women of the community to seek women’s feedback and ideas. ➢ Ensure women members of the households affected by resettlement are consulted and that they agree on the actions taken. ➢ Ensure women members are present when and if there is any form of cash transfer to the households. o If the amount is transferred to bank accounts, and for that bank accounts are created, the social unit should make sure bank accounts are joined for the spouses and also created for female heads of household for disbursement of compensation payments o For women who do not have Tazkera or national identification card, the project should encourage and facilitate the process of getting Tazkera so that there is ease in the creation of bank accounts or withdrawal of the cheques they are given by the project. ➢ In case of land-for-land compensation or replacement residential plot, the land title deed will be issued in the names of all spouses. ➢ Revisit incentives in order to attract women to work in RAP and in other capacities at regional level; ➢ Ensure implementing NGOs and the Third-Party Monitoring (TPM) have female project officers. ➢ Make certain that the MIS obtains gender-disaggregated data for future analysis and use. ➢ Documentation of ownership or occupancy and compensation payments should be issued in the names of both husband and wife/wives. Other resettlement assistance, such as skills training, access to credit, and job opportunities, should be equally available to women and adapted to their needs. 38 6 PUBLIC CONSULTATIONS, PARTICIPATION AND DOCUMENTS DISCLOSURE This section describes the mechanisms for public consultation process with the PAPs, disclosure of the RAP through distribution of informative material to create awareness among the PAPs regarding their entitlements and compensation payment procedures and grievances redress mechanism. The Stakeholders Engagement Plan (SEP) following the ESS 10 will be developed and followed to guide the consultation process. 6.1 Public Consultation In addition to formal and informal communication among PAPs, AUWSSC local staff, and other stakeholders, the formal consultation process in the project area will be ongoing and will be undertaken by supervising consultants and the AUWSSC through village meetings, meetings with CDCs 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 PAPs; and the preparation and disclosure of RAP to the PAPs, as explained below. AUWSSC will adopt a proactive approach to disseminate the RAP and entitlements framework. The awareness generation efforts should ensure flow of information up to the most vulnerable groups like women headed households, physically challenged and absentee PAPs. 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. Focus group discussions and public meetings with communities will be conducted to ensure enough information flow on all aspect of the resettlement processes. The translated summary of RAP in local languages (Dari & Pashto) will be shared with all stakeholders and disclosed on AUWSSC Website. The draft resettlement Action Plan for each site will be made available at locations that are convenient to the Displaced Persons and other local stakeholders in a form and language understandable to these groups. The draft resettlement instrument will also be sent to the Bank External Website. 6.2 Engagement methods and tools in light of COVID-19 outbreak With the outbreak and spread of COVID-19, people have been mandated by national or local law to exercise social distancing, and specifically to avoid public gatherings to prevent and reduce the risk of the virus transmission. Various restrictive measures have been adopted including some imposing strict restrictions on public gatherings, meetings and people’s movement, and others advising against public group events. At the same time, the general public has become increasingly aware and concerned about the risks of transmission, particularly through social interactions at large gatherings. WHO has issued technical guidance in dealing with COVID-19, including: (i) Risk Communication and Community Engagement (RCCE) Action Plan Guidance Preparedness and Response; (ii)Risk Communication and Community engagement (RCCE) readiness and response; (iii) COVID-19 risk communication package for healthcare facilities; (iv) Getting your workplace ready for COVID-19; and (v) a guide to preventing and addressing social stigma associated with COVID-19. All these documents are available on the WHO website through the following link: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-guidance. 39 Given the COVID-19 pandemic situation, managing public consultation and stakeholder engagement in the Project needs to adhere to national requirements and any updated guidance issued by WHO. The alternative ways of managing consultations and stakeholder engagement will be in accordance with the local applicable laws and policies, especially those related to media and communication. The suggestions set out below are subject to confirmation that they are in accordance with existing laws and regulations applying to the project. With growing concern about the risk of virus spread, there was an urgent need to adjust the approach and methodology for continuing stakeholder consultation and engagement. Taking into account the importance of complying with national law requirements, below are some suggestions for stakeholder consultation amidst COVID-19 outbreak: • Identify and review planned activities under the project requiring stakeholder engagement and public consultations. • Assess the level of proposed direct engagement with stakeholders, including location and size of proposed gatherings, frequency of engagement, categories of stakeholders. • Assess the level of risks of the virus transmission for these engagements, and how restrictions that are in effect in the country / project area would affect these engagements. • Identify project activities for which consultation/engagement is critical and cannot be postponed without having significant impact on project timelines. • Assess the level of ICT penetration among key stakeholder groups, to identify the type of communication channels that can be effectively used in the project context. Based on the above, specific channels of communication that will be used while conducting further stakeholder consultation and engagement activities need additional considerations. The following are some considerations while selecting channels of communication, in light of the current COVID-19 situation: • Avoid public gatherings (taking into account national restrictions), including public hearings, workshops and community meetings; • If smaller meetings are permitted, conduct consultations in small-group sessions, such as focus group meetings; If not permitted, make all reasonable efforts to conduct meetings through online channels, including WebEx, Zoom and Skype; • Be sure that everyone involved in stakeholder planning articulate and express their understandings on social behavior and good hygiene practices, and that any stakeholder engagement events be preceded with the procedure of articulating such hygienic practices. • Diversify means of communication and rely more on social media and online channels. Where possible and appropriate, create dedicated online platforms and chatgroups appropriate for the purpose, based on the type and category of stakeholders; • Employ traditional channels of communications (dedicated phone-lines, and mail) when stakeholders to do not have access to online channels or do not use them frequently. Traditional channels can also be highly effective in conveying relevant information to stakeholders, and allow them to provide their feedback and suggestions; • Where direct engagement with project affected people or beneficiaries is necessary, identify channels for direct communication with each affected household via a context specific combination of email messages, mail, online platforms, dedicated phone lines with knowledgeable operators; 40 • Each of the proposed channels of engagement should clearly specify how feedback and suggestions can be provided by stakeholders; • However, in situations where none of the above means of communication are considered adequate for required consultations with stakeholders, IA should discuss whether the project activity can be rescheduled to a later time. Where it is not possible to postpone the activity or where the postponement is likely to be for more than a few weeks, IA should consult WB Teams to obtain advice and guidance. 6.3 Meetings at Community Level A chain of community meetings will be held, where the census and socio-economic surveys will be explained and later executed. The aims and objectives of a proposed extractive investment will be explained as well as the necessity for, processes and outcomes of any temporary displacement or resettlement. The community representatives and stakeholders’ meetings will be scheduled based on the availability and the participation of the maximum number of stakeholders. The ESSU of AUWSSC will be responsible for conducting community consultations. In addition to meetings with male stakeholders, separate meeting will be held with women to ensure their understanding with the sub project content and processes. Efforts should be taken to ensure that concerns of vulnerable groups and local minorities are heard and considered. While performing 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 AUWSSC will ensure that the relevant sponsoring ministry prepares a RAP for each extractive industry investment that will ensure that all affected assets are equitably compensated. The approved RAP will be presented and explained to all affected households and persons and other interested parties. The census survey will be conducted in the affected lands. Individual meetings will be held with each PAP (husband and wife(s)) regarding entitlements and compensation payment procedures as well as the grievance redress mechanism. 6.4 Consultations with Government Officials and Other Stakeholders During RAP preparation, the staff from regional and national focal teams 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 RAP. The AUWSSC will coordinate with land clearance team (including land valuation committees) for RAP preparation. There will be coordination with the district governors which have jurisdiction over the sub-project areas as well as village leaders/CDC. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders and affected communities. 6.5 Stakeholder Consultation on Resettlement Framework (RF) Client has conducted multiple rounds of Focused Group Discussions (FGDs) during consultation with the communities and those who will be affected by the project. During each consultation, groups have 41 been briefed about positive outcomes of the proposed project, potential negative impacts and the mitigation measure, GRM system, disclosure policies, and prevailing guidelines. Majority of the concerns revolved around timely completion, having connections within the houses along with efficient customer services and prompt repairs and fair billing systems in place. They also welcomed the project which will have broader social and economic value to the people, especially the women and children who fetch water from distances. Similarly, the consultation with other stakeholders also specifies a smooth communication including engaging relevant agencies during different project implementation stages. The summary of the consultation is detailed in the following table. The key objectives of the consultation workshop are to; • Engage stakeholders by making the process more participatory, sharing project information and on anticipated impacts that might arise due to project activities; • Disseminate project activities to key stakeholders and get their inputs on development and implementation of land acquisition and resettlement framework/plan. • Seek cooperation from representatives of various NGOs, communities and government agencies in better implementation of the Resettlement Framework. Venue and Period The consultation workshop is organized by the consultant together with AUWSSC at a conference hall in Kandahar regional office. The workshop was conducted on January 27, 2020 from 10:00 am to 13:00 pm. 42 Highlights of the meeting (Q&As) NEPA representative: NEPA is a regulatory Response: The consultant responded: NEPA is entity and any determination regarding need already on the project steering committee any for further environmental and social studies impending and future decisions on the size and and assessments must be coordinated with nature of further Environmental and social NEPA. Also detailed assessment and study of assessment will be duly coordinated with NEPA the flora and fauna of the project area is both on central and provincial levels required. UNICEF representative: Kandahar Response: The consultant responded: Proper population shown under the social baseline citation and reference is provided for each number will need to be revisited because recently the and figure in the body and reference section of RF. Kandahar city has been formally and However, the figures, numbers, percentages shown informally expanded and a lot of people from on the report will be revised and corrections will be the neighboring districts have moved to made accordingly. Kandahar city, and the number is not available in books. UN-Habitat Representative: Implementation Response: AUWSSC/ESSU and the contractor will and application of the RF will require be responsible for the RF implementations and financial and human resources. Who will be application during various stages of the A-WASH responsible for that? project. Specific provision on the institutional arrangements, monitoring, reporting and procedures and mechanisms for the land acquisition and resettlement issues is included in the RF. Kandahar Municipality Representatives. 1) Consultant Responded: Necessary correction will Correction: Per capita water consumption in be made as warranted regarding the per capita water Kandahar is shown 50Liter/day in the report, rate in Kandahar city. Regarding more detailed its actually 100 liters/day. mitigation measures for some of the environmental and social concerns, a more detailed mitigation 2) Some of the mitigation measure especially measures will be covered under the ESIA, which during operation stage will need to be more will be prepared for the project. Its might be so early detailed & comprehensives. to identify some of the impacts during the operation stage, but World Bank E&S standards specifically outline certain measures and mechanism that will be used during various stages of the project and will provide specific measures of mitigation as warranted. 43 Director of Arghandab Sub Basin Agency AUWSSC Representative: Why was Dahla identified as the main source There has been series of technical and socio- for A-WASH? Are there any other sources and economic studies assessment and feasibility studies what criteria has been used to select the Dahla conducted as selection process of Dahla dam for the dam? is water supply scheme. Kandahar Municipality representative: AUWSSC Representative: Ministry of Rural Rehabilitation and Development (MRRDs) role is very An official letter of invitation has been sent to important on key aspects of rural concerns MRRD, but no one has shown up for the meeting. and in various stages of the A-WASH project. We will make sure to include them in discussion Why is MRRD representative’s not in the during our forthcoming meetings. meeting today? Director Arghandab Sub Basin Agency: Water AUWSSC Representative: quality remains a major challenge in Kandahar city. Issue related to both chemical Water quality control and regular screening is and biological contamination is quite obvious. precisely included in the project components. As part of capacity building and maintenance A-WASH project will need to purchase lab equipment to properly test the water for biological and chemical contamination. Ministry of Urban Development and Land AUWSSC Representative: Each and every activity representative: It’s important that all activities of A-WASH is/will be property in the Kandahar city are properly coordinated coordinated/consultation and disclosed to the with the city master plan in order to avoid any relevant constituencies. adverse social consequences. The detailed stakeholder consultations on RF took place during February-October 2019 at project site, with participants from NGOs, private sector and local communities in Kandahar province and proposed project site, (please refer to appendix 2 consultations with project communities. 44 7 GRIEVANCE REDRESS MECHANISM Article 34 of Afghanistan’s Law on Land Acquisition 2018 details the grievance redress mechanism as follows: (i) Whenever the owner or his/her legal representative is dissatisfied with the compensation of the expropriated property, he/she may present his/her reasoned objections statement to the Expropriating Authority within 60 days of the date on which they received information about their compensation. (ii) The Expropriating Authority shall assess the objection stated in Paragraph 1 of this article within 30 days and make an appropriate decision. (iii)Whenever the claimant is not satisfied with the decision of the Expropriating Authority, the issue shall be referred to a jury. The jury consists of a representative of the relevant Union of Engineers; a representative of the Afghanistan Chamber of Commerce and Industries; and a representative of the people of the expropriated area. The decision of the jury is final if the parties agree; otherwise the issue is referred to a competent court. A project-specific grievance redress mechanism (GRM) will be established to receive, evaluate, and facilitate the resolution of affected parties’ concerns, complaints, and grievances about the issues related to the project. The GRM will function during all phases of the project implementation. It will provide a time-bound and transparent mechanism to address and resolve grievances arising from the implementation of the project. The GRM is a formalized way for the Project Management Unit (PIU) to identify and resolve concerns and people’s grievances. It offers affected persons a forum to voice their concerns, seek clarifications to queries, or register complaints related to the project’s performance. The scope of the GRM addresses issues related to involuntary resettlement, social and environmental performance, and information disclosure. The APs will have the right to file complaints and/or queries on any aspect of the project, including land acquisition and resettlement. Under the adopted grievance mechanism, the APs may appeal any decision, practice or activity related to the project. All possible avenues will be made available to APs to voice their grievances. The PIU will ensure that grievances and complaints on any aspect of the project are addressed in a timely and effective manner. The fundamental objectives of the Grievance Redress Mechanism are to: (i) reach mutually agreed solutions satisfactory to both the Project and the APs, and to resolve any grievances locally, in consultation with the aggrieved party; (ii) facilitate the smooth implementation of the RP (if required), particularly to cut down on lengthy litigation processes and prevent delays in project implementation; and (iii)facilitate the development process at the local level, while maintaining transparency as well as to establish accountability to the affected people. The APs will be fully informed of their rights and the procedures for addressing complaints, orally and in writing during the consultations and surveys, and will be informed again when the 45 compensation is disbursed. Care will be taken to prevent grievances rather than relying solely on the redress process. This will be achieved through careful RP design and implementation, by ensuring full participation and consultation with the APs, and by establishing extensive communication and coordination between the affected communities, the EA, and local governments in general. The Grievance Redress Committee (GRC) will be formed by AUWSSC and local authorities as a permanent and functional structure, engaging personnel of AUWSSC, and other departments to work on LAR issues and complaint resolution. The AUWSSC will specify that representatives of local/community authorities, elders, auditors, displaced persons and any other persons or entities can be included in the Committee as members. The GRM will be established at three levels: (i) Project/District level; (iii) Province level and (iii) HQ level. If the complaint cannot be resolved at these three levels, a complaint will have a choice to lodge his/her complaint at the related court. AUWSSC is oriented towards resolving complaints at the project level through negotiations with community leaders and representatives of affected persons. These discussions will be conducted by the PIU and will involve the affected groups and members of the relevant grievance redress committee (GRC), and the site manager and chief engineer of the construction contractor, if necessary. If a case cannot be resolved in this way it will be submitted to AUWSSC grievance redress committee, led by the PIU Director. The GRM for the project is outlined below and consists of three levels with time-bound schedules for addressing grievances. The first level and most accessible and immediate venue for the fastest resolution of grievances is the Shura/CDC and the District Governor’s representative. The District Governor’s representative with help of the Shura/CDC and other GRC members, convenes a meeting of the GRC in the project area and conducts proceedings informally to reach an amicable settlement between the parties. The report of the committee is recorded in writing, and copies are provided to the parties involved. For this program, the GRC will be required to meet and reach a decision within 14 days of receiving a complaint (verbally or in writing) from an affected person or his representative. Should the grievance remain unresolved or the AP is not satisfied with the decision, the grievance can be lodged with the Province level office to address the grievance. If a person is dissatisfied with the ruling of the Provincial office decision, s/he or her/his representative may lodge their grievance with the HQ level Office in Kabul which will make a decision within stipulated time. If the appellant is still not satisfied, s/he has the right to take his case to the public courts. At the project level, the PIU environmental/social officer will be responsible for processing and placing all papers before the PIU GRC, recording decisions, issuing minutes of the meetings, and taking follow-up action to see that formal orders are issued, and decisions carried out. In the event that a grievance is not addressed at the previous levels, the affected person can seek legal redress of the grievance in the appropriate courts. The following table summarizes the envisaged grievance resolution process. 46 Table 1. Grievance Resolution Process Steps Process Level 1 The complaint is informally reviewed by the GRC at the District level office with assistance of Shura/CDC, affected persons’ representative and other GRC members, which takes all necessary measures to resolve the dispute amicably. Level 2 • If the grievance is not solved at the previous level, the GRC at the Provincial Office will review the grievance and make a decision • The decisions will be issued by the conveyor and signed by other members of the GRC. The case record will be communicated to the complainant by the GRC at the provincial level. Level 3 If the aggrieved person is unsatisfied with the GRC decision at the provincial level, the next option will be to lodge grievances with the Grievance Redress Committee at the HQ Office (Kabul). Level 4 If the decision fails to satisfy the aggrieved person/s, they can pursue further action by submitting their case to the appropriate court of law (local courts) without reprisal. The aggrieved person can take legal action over the amount of compensation or any other issues, e.g. occupation of their land by the contractor without their consent, damage or loss of their property, restrictions on the use of land/assets, environmental concerns such as dust caused by the contractor’s machinery, etc. 47 8 COSTS AND FINANCING AUWSSC is responsible for securing the project-related funding. It’s worth more specifically mentioned that the compensation to project affected person under this project should be paid by government of Afghanistan. Land compensation value will be provided by a valuation committee. Acquired land, other affected assets and applicable allowances will be paid as per the project-specific Entitlement Matrix. The RP will contain information about the budget, including: (i) Unit compensation rates for all affected items and allowances by indicating methodologies. (ii) A cost table for all compensation expenses including external monitoring and contingencies; (iii)RP implementation costs; (iv) Resettlement assistance to severely affected households, vulnerable families and assistance for relocation/shifting; (v) Monitoring cost; and (vi) RP budget with administrative cost and contingencies. 8.1 IMPLEMENTATION SCHEDULE The AUWSSC will make sure that resettlement planning is carried out before the award of the civil works contract. Any RAP, if required, shall be implemented before the commencement of the civil works. The implementation schedule for LAR tasks will depend on the design of the sub- projects. The tentative RAP preparation and implementation schedule will be detailed in the RAPs. This RF will be applicable to this project. If resettlement occurs, a Land Resettlement Plan (RP) will be prepared. The RP will include detailed compensation and administration budgets and implementation schedules linking acquisition and resettlement tasks to the initiation of civil works. 48 9 MONITORING AND EVALUATION General Project activities will undergo both internal and external monitoring. Internal monitoring will be conducted by the PIU. External monitoring will be assigned to an independent External Monitoring Agency (EMA) to be hired by AUWSSC and approved by the World Bank. 9.1 Internal Monitoring Internal monitoring will be carried out routinely by the AUWSSC/E&S Unitt and results will be communicated to World Bank 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 AUWSSC project director 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 PAPs; ➢ Status of land acquisition and payments on land compensation; ➢ Compensation for affected structures and other assets; ➢ Relocation of PAPs; ➢ Payments for loss of income; ➢ Income restoration activities. 9.2 External Monitoring The implementation of mining projects will take several years. It is therefore crucial to deploy external monitoring consultant with the primary objective to support the project team in implementation of RAP. External monitoring consultant will perform third party monitoring on a regular basis with the results communicated to the national focal team of the AUWSSC and the WB through a bi-annual compliance report; The ToR for the Third-Party Monitoring will be part of the RAP. The EMA will also 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 AUWSSC/the World Bank if the necessary civil works on irrigation rehabilitation and dam building with resettlement impacts can commence a copy of the compliance report and its recommendations will be submitted to the AUWSSC, supervising consultant and the World Bank simultaneously. AUWSSC will also engage an independent consultant (firm or individual) to conduct an audit where RAP implementation (or compensation payment) has already happened. 49 For example, an independent audit will be carried out for sub-project sites to verify full implementation of respective RAPs. The EMA will also assess the status of project affected vulnerable groups such as woman headed households, disabled/elderly and poor families. The following will be considered as the basis to develop the indicators for monitoring and evaluation of the project: ➢ Socio-economic conditions of the PAPs in the post-resettlement period; ➢ Communications and reactions from PAPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; ➢ Changes in housing and income levels; ➢ 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 subproject, the EMA will carry out a post-implementation evaluation of the RAP about 1 year after its implementation to find out whether the RAP objectives were attained or not. The socio-economic survey baseline will be used to compare pre- and post- project conditions. The EMA will recommend supplemental assistance for the PAPs in case the outcome of the study shows that the objectives of the LARP have not been attained. 9.3 Management Information System All information concerning resettlement issues related to land acquisition, socio-economic information of the acquired land and affected structures, inventory of losses by PAPs, 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. 9.4 Reporting Requirement The AUWSSC will be responsible for supervision and implementation of RAP and prepare monthly progress reports on resettlement activities and submi to the Project Director for review. The implementing consultant will also monitor RAP implementation and submit quarterly reports to AUWSSC 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. 50 Appendix 1. Rapid LAR Assessment for this project METHODOLOGY USED FOR THE LAR IMPACT ASSESSMENT The technical design team acquired satellite imagery and prepared a contour map of this project area. Three survey teams were assigned to conduct the rapid land acquisition and resettlement (LAR) impact assessment. The teams worked simultaneously in assigned project zones. The Resettlement Specialist supervised their activities at the site. The LAR teams started with a confirmation of the start node and end note of main, sub-main and secondary pipes from Sarband Bridge up to Kandahar City, while the treasury pipes were excluded in this early design stage. The surveyors conducted a rapid LAR assessment and noted the key area of impacts. However, the detailed resettlement impact will be identified, measured and documented in the detailed measurement survey (DMS), census, socioeconomic survey, public consultations and physical verification of all the affected households and their affected properties during the final design stage. The land acquisition and resettlement plan (LARP) will be prepared for this project component based on the identified impact. The main impact assessment characteristics are described in the following paragraphs. URBAN WATER SUPPLY The Kandahar Water Supply Compound consists of a water treatment plant for the villages, a water treatment plant for Kandahar City, reservoir A for pressure Zone-1, reservoir B for Zone- 2, a booster pump station to pump water to the service reservoir for pressure Zone-1 of Kandahar City, two guard rooms, and an office for administration. The lands proposed for the main infrastructure are located at the west side of Kortal-e-Morchah in Arghandab district. The land is bare, and it belongs to the state. This has been confirmed by ASBA and ARAZI. The following photographs show the proposed locations on the state-owned barren land: Figure 1. Proposed Location for Water Supply Compound and Booster Pump Station Proposed Location for Water Supply Proposed Location for Booster Pump Compound Station Source: TRTA Consultants. 2019 51 Raw Water Transmission Main/ Pipeline: The raw water transmission twin pipes start from the micro hydropower station and end at Kandahar Water Treatment Plant located in the Water Supply Compound at Kortal-e-Morcha. The length of the pipes is 29.676 km and the diameter of approximately1500 mm (1.5m). The raw water transmission twin pipes will be laid down along the Loya Weyala Canal beside the treated water transmission pipes up to Sarkari Bagh. The required corridor will be 7 m for three water transmission pipelines. One of the twin pipelines for Kandahar's water supply will convey raw water to the Kandahar water treatment plant and one will be used for treated water transmission for the adjacent villages. According to the design, a 12 m corridor is the minimum required for construction activities (7 m corridor and 5 m additionally to place the excavated materials and to transfer the construction materials to the destination). The 18.8 km pipeline from Dahla Dam to Sarband Bridge will pass through state-owned barren land and will not cause LAR impacts. From Sarband Bridge to Kortal-e-Morcha, Arghandab district, the pipeline will pass along the Loye Wala Canal and Arghandad-Shawali Kot Road and will be laid down on the left side of the canal (Dahla to Kandahar). As per the ASBA, the total ROW of the Loye Wala Canal is 60 m – 30 m existing canal and the 30 m wide ROW (15 m on each side). The pipes will be laid down on the left side of the canal (Dahla to Kandahar) and will require a 7 m wide trench. During the construction activities, the contractor will require a 12 m wide corridor, while the available existing ROW of the Canal is around 7 m. Encroachers occupy the left side of the Canal ROW and there are mud houses and other structures, planted trees, shops and mosques. If feasible, design changes might be the only solution to avoid acquisition of these assets. The following photographs show the types of encroaching buildings and other assets. Treated Water Transmission Main from Reservoir-A to Pressure Zone-1 of Kandahar City: A 2.5 m corridor is required from the Booster Pump Station to Reservoir-A and Zone-1. The transmission line will end at the eastern side of Kortal-e-Morcha, 9th district of Kandahar City. The distribution network starts after Zone-1. Treated Water Distribution Main from Reservoir-B to Pressure Zone-2 of Kandahar City: The distribution main starts from Reservoir-B (Kortal-e-Morcha) through Zone-2 and ends at Baba Sahib Kotal. The total length of the main is 7.95 km and the diameter is1,500 mm (1.5 m). This requires a 3 m corridor. The sub-main, secondary and tertiary pipelines of the distribution system start after Baba Sahib Kotal, Expansion of the distribution network by constructing a new one in Kandahar city: HDPE material is proposed for all pipes < 600 mm diameter and lined mild steel cement for pipes >600 mm in diameter, for a total length of around 388 km. The expansion distribution network will have an impact on structures, trees, electrical poles, traffic lights, flyovers, access roads and paved pathways within Kandahar City. The detailed locations are presented in Error! Reference source not found.. The following photographs show some of the assets that might be affected during the construction of the network. 52 Figure 2. Assets Likely to be Damaged During Construction Electric pole Reinforced Cement Concrete (RCC) structure Temporary structures Trees along the pathway Source: TRTA Consultants. 2019 Rehabilitation Works of Existing Water Supply System in Kandahar City: This component includes rehabilitation of existing wells, pump stations, and chlorination systems and the rehabilitation of the existing pipe network including the replacement/repair of leaking pipes, and replacement of existing asbestos-cement pipes. The old water supply system was constructed nearly 45 years ago, and it covers some portion of thirteen city zones with a total length of 312 km. The system delivers treated water to 6,600 houses. Most of the pipes are unmarked and buried underground and people constructed their houses close to the water supply system, not realizing that there were water pipes. During the replacement of these pipes, structures located on or close to the water pipes will be damaged. Some old network asbestos-cement pipes were laid down along the road. The pipes were not relocated due to widening of the road, and the municipality constructed roads over the pipes. This will cause an impact on the road during the water network rehabilitation. 53 Figure 3. Proposed location for Village Treatment Plan near Dhala Dam Source: TRTA Consultants. 2019 Treated Water Transmission Pipeline for Villages: The pipeline starts at the Water Treatment Plant at Dahla Dam and passes through the villages of Shawali Kot (Ardux Kalai, Lwar Chaman, Landi Chaman, Mardozai, Ahmad Wyala, Qla Kalai, Darbazan, Markaz Kalai, Manaan, Damana, Haji Payoo, Gare Kalai, Haji Ghulam Qader, Haji Taj Muhammad, Samad Khan, Chak Kalai, Naser Bagri Kalai, Bay Gaz Kalai, Zartalai, Toghai, Marai Karez Kalai, and Shah Agha Kalai) until it reaches Surband Bridge, where it is split into two lines: (i) The first isolated pipe will be laid down along the canal from Sarband Bridge to Baba Sahib and will cause LAR impacts. The people constructed their houses, nurseries, shops, etc. within the canal ROW. The photographs below show the buildings and structures constructed in the Canal ROW. (ii) The second pipe will be laid from Sarband Bridge to Nagahan Village (right side of Arghandab River). It will be 17 km in length and will pass through the following villages of Arghandab District Loye Weyala Intake: Khana Gardab, Shah Tori, Jaaza, Awal Shoyene, Miya Shoyene, Babur, Jelawur, Hadira, Wakil Kala, Luy Munara, Nagahan. The pipeline will go along the village/rural road and will not cause LAR impacts. 54 ANTICIPATED LAR IMPACT DUE TO EXPANSION OF WATER SUPPLY DISTRIBUTION NETWORK IN KANDAHAR CITY Expansion of the water supply network planned for Kandahar City will trigger impacts on private properties and assets. The LAR team identified locations where impacts will occur. The locations include the start node and end node of the main, sub-main and secondary pipes in Kandahar City. The surveyors assessed the path and noted the locations of key impacts which are summarized in the following tables. There are 50 locations throughout the city with trees and 31 location where private buildings and structures will be affected. Other affected public assets include 23 electric poles, 6 traffic lights, 33 access roads and one flyover. A full land acquisition and resettlement plan (LARP), based on the detailed measurement survey (DMS), complemented with the census and socioeconomic survey (SES) will be prepared for these Project components. Type of Impact and Number of Locations with LAR Impact Electric Traffic Access Trees Structures Other poles lights roads 50 31 23 6 33 1 55 Table 2. Anticipated LAR Impact Assessment of Water Supply Distribution Network in Kandahar City LAR Impact Assessment of Water Supply Distribution Network in Kandahar City Location Pipe Required Existing Road Type of LAR Impact Dimension Corridor ROW Private Electric Traffic Access Remarks Zone From To Trees Structure Other (mm) (m) (m) Land Poles Light Road Hirat Hada Qandahar to Hirat Qandahar to Hirat 180 1 No Impact Road Road Qandahar to Hirat Qandahar to Hirat 250 1.2 No Impact Road Road Kandahar Old 8 Length Dand Chowk City Mirawais 250 1.2 20 ˅ ˅ 3,849m Maina Mirwain Neeka Length Mirwais Meina 180 1 20 ˅ ˅ Shrine 1,321m Mirwais Neeka Baghe Pull Motor 180 1 20 ˅ Length 242 m Shrine Show Room Ahmad Wali Kabul Door 20 No Impact 280 1.25 Chowk Square Pathway3-4 Darul Malimeen Road Kabul Door Chaharsaw 10 280 1.25 ˅ ˅ ˅ Square Square Pathway 1-0.5 Darulmalimeen No Impact By Pass Road 180 1 5 Road Faqeer Baba unpaved Road 3rd Zone Old Hirat Bazar By Pass Square 200 1.1 8 ˅ ˅ ˅ City 3 8 Shakafar Door Charsaw Square 280 1.25 ˅ Pathway Sheen Ghazi By Pass Road 200 1.1 8 ˅ ˅ ˅ Another road Ashabi Shrine Sheen Ghazi No Impact By Pass Road 200 1.1 7 Ashabi Shrine Unpaved Street Bacha Khan Jada Fataw Start 200 1.1 8 ˅ ˅ ˅ No Impact Fataw Start Fataw End 200 1.1 8 Unpaved Street Shakafar Door Asmat Posta 200 1.1 8 No Impact 15 Haji Arab daSapoo Ganj 200 1.1 12 ˅ Da Spoo Ganj Loye Zabur 200 1.1 12 No Impact 56 LAR Impact Assessment of Water Supply Distribution Network in Kandahar City Location Pipe Required Existing Road Type of LAR Impact Dimension Corridor ROW Private Electric Traffic Access Remarks Zone From To Trees Structure Other (mm) (m) (m) Land Poles Light Road Kruz door Khama Zabur 200 1.1 No Impact Khama Zabur Ahmadi Karta 200 1.1 6-10 ˅ ˅ ˅ ˅ Simano Bridge Eino Maina Length 3,535 225 1.15 8 ˅ ˅ ˅ Loya Weyala Western Gate m Eino Maina Eino Mena Wall, Length 1,468 200 1.1 8 ˅ ˅ Western Gate Western Region m Ahmad Shahi No Impact Ghach Khana Cornor Eastern 200 1.1 10 Length 154m Side Estern Eino Kartaye 250 1.2 10 ˅ Length 858 m Maina Maliemeen Kartaye Ahmad Shahi No Impact 180 1 10 10 Maliemeen Jada (Cornor) Length 433m Ahmad Shahi Ahmad Wali 350 1.45 20 No Impact Length 695 m Jada (Cornor) Khan Chowk Length 2,585 Maina Tower Ghach Khano 180 1 6 ˅ ˅ m Length 1,052 Loye Weyala Maina Tower 180 1 6 ˅ ˅ ˅ m Ghach Khano Maina Tower Near to Ahmad 180 1 6 ˅ ˅ Length 1,762 Shahi Canal Eino Meena Loye Eino Mena Road 200 1.1 No Impact Weyale Bridge Nawshejan Directorate of 280 1.25 1 ˅ ˅ ˅ ˅ Weyala Disable People Directorate of 6 Dand Chowk 280 1.25 3 ˅ ˅ Disable People Dand Chowk Football Stadium 200 1.1 3-4 ˅ ˅ ˅ ˅ Kabul to 5 Eino Mena road 200 1.1 10 ˅ ˅ Kandahar Road 57 LAR Impact Assessment of Water Supply Distribution Network in Kandahar City Location Pipe Required Existing Road Type of LAR Impact Dimension Corridor ROW Private Electric Traffic Access Remarks Zone From To Trees Structure Other (mm) (m) (m) Land Poles Light Road Sardar Madad Hazrat Jee Baba / 450 1.6 20 ˅ ˅ Length 727 m Square Albilla Hospital Mazal Bagh / Hazrat Jee Baba / Hikmat Petrol 400 1.55 20 ˅ ˅ Length 645 m Albilla Hospital Pump Mazal Bagh / Ahmad Wali Length 1,370 Hikmat Petrol 350 1.45 20 ˅ ˅ Khan Square m Pump Brishna Kot Length 1,478 Bridge / Eastern Dabaro Bridge 315 1.35 8 ˅ ˅ ˅ ˅ m Side Dabaro Bridge Seemano Bridge 225 1.15 8 ˅ ˅ ˅ ˅ Length 360 m Sharkate Mewi/ Seemano Bridge 200 1.1 15 ˅ Length 933 m PRT Road Ahmad Wali Length Seemano Bridge Khan Square / 200 1.1 15 ˅ ˅ ˅ 14 1,366m Shahi Saloon Manzal Bagh Manzal Bagh 200 1.1 16 ˅ Length 18 m Manzal Bagh Ayoubi Hospital 200 1.1 20 ˅ Length 168 m Ahmad Shahi Ayoubi Hospital 200 1.1 16 ˅ Length 50m Jada Ahmad Shahi Ayoubi Hospital 200 1.1 16 ˅ Length 55 m Jada Sharkati Meewi Length 1,220 Ayoubi Hospital 200 1.1 20 ˅ ˅ ˅ ˅ ˅ Road m Kot Baba Nort Hazrat Jee Baba/ Sid eof Loya 180 1 20 No Impact Length 1,063 m Albilal Hospital Weyala Southern Region Loye Weyala 200 1.1 8 ˅ Length 140 m of Loye Weayala Southern Region East Side of the 200 1.1 8 ˅ ˅ Length 152 m of Loye Weayala Sharkate Mewe 58 LAR Impact Assessment of Water Supply Distribution Network in Kandahar City Location Pipe Required Existing Road Type of LAR Impact Dimension Corridor ROW Private Electric Traffic Access Remarks Zone From To Trees Structure Other (mm) (m) (m) Land Poles Light Road East Side of the Himat Bridge 200 1.1 8 ˅ Length 14m Sharkate Mewe Sharkate Mewe Himat Bridge 200 1.1 8 ˅ Length 133 m Road Estren Manzal Manzal Bagha 200 1.1 16 No LAR Impact Length 18 Bagha Estren Manzal Mirwais Neeka 200 1.1 20 ˅ ˅ Length 527 m Bagha High School Mirwais Neeka Haji Habash 200 1.1 16 No Impact Length 1,201m High School Masjid Sharkate Meewe Haji Habash 200 1.1 16 ˅ Length 283 m Road Masjid Haji Habash Mirwais Neeka Length 1,187 200 1.1 16 ˅ ˅ Masjid High School m Mirwais Neeka Sharkate Meewe 200 1.1 16 ˅ ˅ Length 803 m High School Road Mala Sahib Zahir Shahi canal 250 1.2 ˅ ˅ Saraye Door 9 Kotale Morcha Baba Wali Pump 250 1.2 ˅ ˅ Bridhna Kot Breshna Kot 315 1.35 ˅ ˅ Road Road Ahmad Wali Gunbat Jami 180 1 12 ˅ ˅ ˅ ˅ Chowk Mosque Gunbat Jami Ayoubi Trad 180 1 12 ˅ ˅ ˅ Mosque Market Ayoubi Trad Dih Khawaja 180 1 12 ˅ Market 4 Dih Khawaja Popal Market 180 1 12 ˅ ˅ ˅ PopalMarket Darulmalimeen 180 1 12 ˅ ˅ Maki Mosque Charsoup 180 1 12 ˅ ˅ Charsoup Shah Jami 180 1 12 No Impact 59 LAR Impact Assessment of Water Supply Distribution Network in Kandahar City Location Pipe Required Existing Road Type of LAR Impact Dimension Corridor ROW Private Electric Traffic Access Remarks Zone From To Trees Structure Other (mm) (m) (m) Land Poles Light Road Shajami Municipality 180 1 12 ˅ ˅ Municipality Eid Gagah 180 1 12 No Impact Baro Dawaza Eid Gagah 180 1 12 No Impact Chowk Baro Dawaza Karwan Kocha 180 1 12 No Impact Chowk Karwan Kocha Mamoryat 180 1 12 No Impact Mamoryat Darulmalimeen 180 1 12 No Impact Ahingerano Darulmalimeen 180 1 12 ˅ Saryee Ahingeranoo Municipality new 180 1 10 ˅ ˅ Saryee Block Municipality new Baroo Darwaza 180 1 10 ˅ ˅ Block Chowk Darulmalimeen Darulmalimeen 180 1 10 ˅ ˅ ˅ ˅ Flyover Street Street Police Square Baroo Darwaza 180 1 14 ˅ ˅ ˅ Waroo Chowk Zara Jamia 180 1 14 ˅ Zarra Jamia Largo Ganaj 180 1 14 ˅ ˅ Madina and Zafar Kabul door 180 1 14 ˅ ˅ Market Satar Jami Dih Khawaja 180 1 6-12 ˅ ˅ ˅ Mala Sahib Sofi Boys School 200 1.1 10 ˅ Saraye Door 13 Sofia Boys Chawni Road 200 1.1 10 ˅ School 1 Start of the Zone End of the Zone 200 1.1 Various ˅ ˅ ˅ ˅ Rehabilitation 2 Football Stadium Jami Omar 200 1.1 3-4m ˅ ˅ ˅ ˅ Rehabilitation 7 Start of the Zone End of the Zone 200 1.1 Various ˅ ˅ ˅ ˅ Rehabilitation 60 ANTICIPATED LAR IMPACT FROM SARBAND BRIDGE TO THE LOYE WAYALE INTAKE The impact was assessed by satellite imagery from Sarband Bridge to Loye Wayale Inatke (Nagahan). The LAR team conducted the rapid LAR impact assessment with confirmation of the GPS points from Sarband Bridge to Loye Wayale Inatke (Nagahan) and noted that there are no LAR impact as the pipes will be laid down along the road ROW. Table 3. LAR Impact Assessment from Sarband Bridge to Loye Wayale Inatke (Nagahan) Type of LAR Impact Location Require Existin d Impact on Land On Trees On Structures g Road Corrido Ag Barr Resi Frui Com NF. ROW r or ri. en d. t M PC RC From To m. Tre Trench La Lan Lan Tre ud C C Land es nd d d es Loye Weyala Loye Weyala Intake 20m 2m No LAR Impact Identified in this stage Intake Loye Weyala Intake Khana Gardab 20m 2m No LAR Impact Identified in this stage Khana Gardab Shah Tori 9m 2m No LAR Impact Identified in this stage Shah Tori Shah Tori 10m 2m No LAR Impact Identified in this stage Shah Tori Jaaza 10m 2m No LAR Impact Identified in this stage Jaaza Awal Shoyene 8m 2m No LAR Impact Identified in this stage Awal Shoyene Miya Shoyene 8m 2m No LAR Impact Identified in this stage Miya Shoyene Babur 15m 2m No LAR Impact Identified in this stage Babur Babur 8m 2m No LAR Impact Identified in this stage Babur Jelawur 10m 2m No LAR Impact Identified in this stage Jelawur Jelawur 14m 2m No LAR Impact Identified in this stage Jelawur Jelawur 10m 2m No LAR Impact Identified in this stage Jelawur Hadira 10m 2m No LAR Impact Identified in this stage Type of LAR Impact Location Require Existin d Impact on Land On Trees On Structures g Road Corrido Ag Barr Resi Frui Com NF. ROW r or ri. en d. t M PC RC From To m. Tre Trench La Lan Lan Tre ud C C Land es nd d d es Hadira Wakil Kala 8m 2m No LAR Impact Identified in this stage Wakil Kala Wakil Kala 10m 2m No LAR Impact Identified in this stage Wakil Kala Luy Munara 10m 2m No LAR Impact Identified in this stage Luy Munara Nawroza 10m 2m No LAR Impact Identified in this stage Nawroza Nagahan 10m 2m No LAR Impact Identified in this stage Nagahan Nagahan 8m 2m No LAR Impact Identified in this stage Appendix 2. Consultations with Project Communities Participatory consultations with the community around the project areas was carried out as part of the process of information dissemination in order to understand their perception about the project, the benefits they think the project will bring for them and the perceived positive and negative impacts of the project on the community and their livelihood. A total of 20 community consultations were carried out over the area of the proposed project. The consultations involved site inspections, personal contacts, focus group discussions, interviews, and discussions with local people and their community. At the time the community consultations were conducted, all of the participants clearly supported the project being implemented in their locality. They expressed positive feelings about the project and their belief that it will be beneficial for the community. They were all willing to participate in the development of the project. In addition, almost all participants were found to be interested in participating without financial gain. This suggests that there is a clear possibility of voluntary communal participation in the future development or maintenance process of the hydropower transmission lines. Introduction and Objectives of Public Consultations Information dissemination to the project communities and other stakeholders is an important part of LAR processes. Consulting people and ensuring their active participation will reduce potential conflicts and minimize the risk of project delays. In order to include local authorities and representatives of potentially affected persons in the planning and decision-making processes, AUWSSC will continue to engage in dialogue with village and district authorities during the entire project implementation process. The aim of this is to: (i) Raise people’s awareness about the project features, potential losses, implementation arrangements, eligibility and entitlements; grievance procedures and mechanism; disclosure, and implementation schedule; (iii)Fully share information about the project components and LAR activities with the communities; (iv) Obtain information about the needs and priorities of people, as well as receive information about their reactions to proposed policies and activities; (v) Ensure that people are fully informed about the decisions that will directly affect their incomes and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that directly affect them; (vi) Ensure that people are given information about the GRM which will be established in addition to the existing traditional grievance redress mechanisms; and (vii) Ensure transparency in all activities related to land acquisition and resettlement (if any). Public Consultation during LARF Preparation and Implementation Public consultations were held with stakeholders, and every effort was made to ensure that people either directly benefiting from or affected by the Project participated. As part of the LARF preparation activities the TRTA (i) held consultations with project communities and other stakeholders and disseminated information, and (ii) prepared a rapid due diligence survey to inform people about possible impact on their land due to the installation of the transmission poles. Community consultations were arranged at various locations through public meetings in February 2019. Consultations involved sharing information about the Project, possible impact on private properties and open discussions. The consultations were held in 32 villages/locations. A total of 315 people, 138 63 men (including the heads of villages) and 177 women, attended. The list of the consultations are presented in the following Tables. Table 4. List of Focus Group Discussions with Men Type of No of No. Date District Village consultations Participants 1 06.02.2019 Arghandab Changul Elders and villagers 13 Arghandab Dilawar Khan Elders and villagers 2 01.02.2019 11 Kalacha 3 07.02.2019 Arghandab Gul Kalacha Elders and villagers 8 4 02.02.2019 Arghandab Jazah Elders and villagers 6 5 30.01.2019 Arghandab Khishki Elders and villagers 13 6 01.02.2019 Arghandab Khwaja Mulk Elders and villagers 11 7 05.02.2019 Arghandab Nawy Kalai Elders and villagers 10 8 29.01.2019 Arghandab Nawy Mazra Elders and villagers 13 9 03.02.2019 Arghandab Shoyeen Vosta Elders and villagers 8 10 07.02.2019 Arghandab Mira Khoraan Elders and villagers 13 Shah Wali Shah Agha and Elders and villagers 11 07.03.2019 7 Kot Shayesta Gul Shah Wali Darbazan and Elders and villagers 12 07.03.2019 Kot Muhammad Naim 10 villages Shah Wali Markaz Kalai and 13 07.03.2019 Elders and villagers 15 Kot Shayesta villages Total 138 Table 5. List of Focus Group Discussions with Women No of No. Date District Village Participants 1 06.03.2019 Arghandab Mazra 10 2 06.03.2019 Shah Wali Kot Mari Kariz 8 3 06.03.2019 Arghandab Tabin 9 4 07.03.3019 Kandahar City District No. 5 Haji Aziz Mena 5 5 07.03.3019 Kandahar City District No. 7 Kokaran Ziarat 5 6 07.03.3019 Kandahar City District No. 9 Loya Weyala 11 Kandahar City District No. 7 07.03.3019 Dorahi 11 10 8 07.03.3019 Shah Wali Kot Markaz Kala 11 Kandahar City District No. 9 07.03.3019 Aino Mena 11 11 Kandahar City District No. 10 08.03.2019 Loya Weyala 10 12 11 08.03.2019 Arghandab Mazra 9 64 12 08.03.2019 Arghandab Khusray 10 Kandahar City District No. 13 08.03.2019 Loya Weyala 9 12 14 09.03.2019 Arghandab Hajiano Kalacha 8 15 09.03.2019 Arghandab Sami Qalacha 9 16 09.03.2019 Arghandab Tabin 11 17 09.03.2019 Shah Wali Kot Markaz Kala 10 18 09.03.2019 Shah Wali Kot Markaz Kala 10 19 09.03.2019 Shah Wali Kot Markaz Kala 10 Total 177 During the consultations, participants were very supportive of the Project. Participants’ perception regarding the potential benefits of the project was very high. They stated that community access to safe water will bring positive change to their lives. The head of village Jazah stated: “I and our villages stand for this project, we support the project. If the project provides clean drinking water, electricity and irrigation water for the residents of Arghandab and Shah Wali Kot districts, then we support the government�. All consultations stated that people will have improved water that is not exposed to contaminants enroute or through surface runoff. All the farmers will have water for their farms and agriculture lands all year long. As a result, they will yield more crops and more orchards will develop. All the people agreed that this project is for the good of all the people and whoever supports the project, will be doing a good deed for the region. When the effects of the project on their land were discussed, people stated that they would not object even if the project affects their homes, land and orchards. The project will improve their lives and the communities are ready to participate at all stages of the project as well as at the maintenance of the network. In addition, the poor and those in need will have employment during the project construction phase. In people’s opinion, there were no adverse impacts of the Project. In general, the women were unaware of the project. They indicated that some households do not want a water connection because of the associated costs, the fact they do not own the house they reside in, and the unavailability of services in their area. They believe that the project will benefit everyone, especially women and children. The women identified female-heads of household and widows as the most vulnerable groups. The participants expect an uninterrupted, clean water supply with fair billing. The following are the records from the consultations conducted during the preparation of this LARF. 65 FOCUS GROUP DISCUSSIONS (FGD) RECORDS Summary of FGDs with Women Techniques used for Public Consultations/ Focus Group Discussions: In order to gather information about the project, the social surveyors conducted a number of individual consultations based on questionnaires and focus group discussions (FGDs) using structured open-ended interviews. Prior to conducting a meeting with women, the social surveyors met with their partners to inform them about the agenda of the meeting, and after their permission was obtained, the meetings with women took place. The women were informed that the social surveyors would like to collect information about participants’ experiences and concerns regarding the Project. Information about the Project was conveyed, feedback provided, and concerns recorded. The benefits of the project were explained in detail. Some participants were not willing to be in the picture and they were informed that the signing of the attendance sheet is not compulsory and that they did not have to be in the picture. Information shared during Consultation: (i) A-WASH Project with all four components; (ii) Component -3 LAR Impacts; (iii) The Cut-off Date; (iv) Information about the Project, related activities, and socioeconomic and other studies required; (v) Process of preparation and implementation of the Land Acquisition and Resettlement Plan; (vi) Entitlements for land, buildings, structures; business owners and renters, and workers; (vii) Allowances for severely affected and vulnerable groups such as female-headed households, disabled household heads, poor households, elderly households with no means of support, households without security of tenure, cultural or ethnic minorities; and refugees or internally displaced people; (viii) GRM mechanism; and (ix) Valuation of affected land and other assets. The main questions and suggestions during consultations were as follows: No Questions/Discussions Answers We have no idea about the A-WASH project; we are not aware What do you understand about 1 the A-WASH Project? of it. Was the venue suitable forThe venue was suitable, as we are not allowed to attend such meetings outside due to cultural and religious limitations. The FGDs and was the information you received sufficient? venue allowed us enough time for discussion. 2 The focus group was interesting, and the facilitator was effective. The information provided before arrival at the focus group was sufficient, and we are so happy to have learned about the project. Do all households in your Most of the houses in the city have piped water but some do not 3 village have a water due to the unavailability of AUWSSC services. Some 66 No Questions/Discussions Answers connection and do they pay households don’t want to benefit from the services. Others have their water bill to AUWSSC? a connection but mostly do not pay their bills on time. Why do you think some Most commonly, this is because they are unable to pay the households do not wish to connection and meter fee, they are not the owners of the house 4 connect to the existing water they live in, and their residences are in a non-serviceable area. supply system? Do you have a legally installed All the connections are installed by the AWSAC legally, and connection, or do you share a each household has one connection. We also cooperate with and 5 connection from one meter? provide water to households that migrated to the city or are poor and do not have an installed water connection. Will these positive impacts Yes, it will impact all the people, especially women and children 6 affect all people equally? because they are the ones that bring water from a distance when water is unavailable. What is your main source of The participants in Shah Walikot and Arghandab stated that their drinking water supply? main source of drinking water is from common wells and natural ponds but sometimes due to the drought their wells dry out and 7 they get water from natural ponds. They were interested in having piped water in their houses. The participants in Kandahar city mentioned that they benefit from AUWSCC piped water as well as from common wells or taps. Do women own land in their Most of the land is owned by males. We also have the right to names, and if your land is inherit, but traditionally the land is given to males. We are poor impacted due to the project people but we ready to provide space for the project 8 will you support the project? implementation. Due to cultural limitations we are unable to support the project directly by participating in construction etc. but we will convince the men to support the project. In your opinion what are the In our community women, children, girls, female-headed groups that are most likely to households and widows are the most vulnerable. 9 be the most vulnerable in your Female-headed households and widows are poor because it is community? difficult for them to earn money. It is a big challenge, that’s why they face difficulties in daily life. Can males and females of Most of the participants singled out education as a priority need every household in your and stated that women have many of the same needs as men. village gain access to The girls are allowed to attend school in Kandahar city, normally education? up to the age of 14 or 16, but many drop out after that due to 10 family pressures. A number of participants said more than half of the girls are deprived of a high school education due to unwanted traditions in families and society, and harassment from other sectors. How many hours do you want We want 24/7 services for household activities such as washing 11 water for? clothes and dishes; the bathroom; animals; and for drinking. Who should be responsible for All the family members - the men, women, children and youth. awareness about the 12 conservation of treated water at the household level? 67 No Questions/Discussions Answers What is the best source of AUWSSC, municipalities, community-based organizations, awareness raising on water social activists and school teachers can assist in this regard 13 conservation? through TV, radio, newspapers, and a water conservation campaign in communities, schools and universities. What are your expectations of We expect to have safe water free of contamination and reliable the project? (24 hours a day) supply with fair billing. 14 We suggest having connections within the houses along with efficient customer services and prompt repairs. Haji Aziz, Kandahar City District No. 5 Loya Weyala, City District No. 9 Loya Weyala, City District No. 12 Markaz Kala, Shah Wali Kot 68 Markaz Kala, Shah Wali Kot 3 Mazra, Arghandab 69 District: Arghandab Village: Changul Date: 6 February 2019 Time: 02:00 PM Participants: 13 men, the head of the village Salih Mohammad Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Changul village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right of Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances and the GRM were explained to the participants. The questions asked were related to compensation, timing for the demolition of buildings and structures, and compensation for unexpected damages during the construction period. The participants sincerely supported the project in their villages. They expressed their positive feelings about the project and its benefits for the community. They all committed to participate in the construction stage of the project. Almost all participants stated that they would be willing to participate without financial benefit. This suggests that voluntary communal participation in the future development and maintenance process of the water supply main transmission pipes and distribution networks is possible. The main information shared with the participants was about: (i) the A-WASH Project with all four components; (ii) LAR impacts; (iii)the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the implementation and preparation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions during the consultation were as follows: No Questions/ Discussions Answers Have you heard of the A- 1 We heard about the project sometime last year. WASH Project? 70 If this project is carried out, we support it and we all are ready to give away parts of our lands and homes for the 2 Do you support this project? project works and activities, either temporarily or permanently. Salih Mohammad, the head of Changul village and other Shura/CDC members spoke for all the people and stated: ‘… this project benefits our motherland and most importantly our district, Arghandab; so, if something happens and the project does not start, the loss will be ours. The villages and I stand for and support this project. If the project provides clean drinking water, electricity and irrigation water for the residents of Arghandab district, then we support the government. Do you think this project is All villages located along the transmission main in the 3 beneficial for the people? Arghandab Valley will have treated water. People will have improved water quality that's not exposed to contaminants en-route or through surface runoff. All the farmers will have water for their farms and agriculture lands all year long. As a result, they will yield more crops and more orchards will develop. All the people agreed on the common idea that this project is for the good of all the people and whoever supports it will be doing a good deed, and all people of this region will benefit from it, one way or another.’ Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one is 4 (ROW) of Arghandab river, allowed to use the ROW of the canals and roads. The Canals and Roads? ROW is the government's property. Would you have any objections if the water If the project directly impacts people’s houses, 5 transmission pipes and agricultural lands, and orchards, they will not object distribution networks impact because the project will improve their lives. your private lands? Will you contribute to the All participants pledged their contribution for the 6 project during the construction, maintenance and operation of the project. construction? 71 Consultation Meeting in Changul Village Attendance Sheet 72 District: Arghandab Village: Dilawar Khan Kalacha Date: 1 February 2019 Time: 01:00 PM Participants: 11 men, the head of the village Mr. Mohammadzai Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted in a private home at the Dilawar Khan Kalacha village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to compensation in general, timing for the demolition of buildings and structures, and compensation for unexpected damages during the construction period. The participants expressed their support for the project. They are willing to contribute during the construction stage of the project without remuneration which will be beneficial for the future development and maintenance of the water network. The main information shared with the participants was about: (i) the A-WASH Project with all four components; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) The preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) The GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We have heard of the project, but we are worried that Have you heard of the A- 1 some warlords will steal money from this project and WASH Project? that as a result, the project may not be completed. If this project is carried out, we support it and we all are 2 Do you support this project? ready to give away parts of our lands and homes for the 73 project works and activities, either temporarily or permanently. All the villages located along the transmission main in the Arghandab Valley will have clean, drinkable water. People will have clean water, free of exposure to Do you think this project is contamination. The farmers will have water for their 3 beneficial for the people? farms and agricultural lands all year round. As a result, they will produce more crops and more orchards will develop. The people from this area agreed that this project is for the good of all the people of the region. Each canal has its own ROW according to ASBA Do you know the right-of-way standards. We all know about the ROW and no one is 4 (ROW) of Arghandab river, allowed to use the ROW of the canals and roads. The Canals and Roads? ROW is government property. If the water transmission pipes We will not object if the project directly impacts our and distribution networks 5 houses, agricultural lands, and orchards because the impact your private lands, will project will improve our lives. you object? All of the participants agreed that they will do their part Will you contribute the project 6 during the construction, maintenance and operation of during construction? the project. Consultation in Dilawar Khan Kalacha Village 74 District: Arghandab Village: Gul Kalacha Date: 7 February 2019 Time: 12:00 PM Participants: 8 men, the head of the village Haji Paida Mohammad Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Gul Kalacha village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to compensation, project timing, the possible demolition of buildings and structures; and compensation for unexpected damage during the construction period. The participants supported the project and expressed positive feelings about the project's benefits for the community. They all seemed to be willing to participate in the construction stage of the project even without remuneration, which suggests that voluntary communal participation in the future development and maintenance of the water supply networks is possible. The main information shared with the participants was about: (i) the A-WASH Project with all four components; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures, business owners and renters; and workers; (vii) allowances for severely affected and vulnerable groups; (viii) valuation of affected assets and (ix) the GRM mechanism; and (x) valuation of affected land and other assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We have heard about the project, but we are worried that Have you heard of the A- 1 some warlords will steal money from this project, and WASH Project? that as a result the project will not be completed. 75 No Questions/ Discussions Answers We support the project and we are all ready to give away 2 Do you support this project? parts of our lands and homes for the project, either temporarily or permanently. Haji Paida Mohammad, the head of Gul Kalacha village will speak with all the villagers to help secure their support in the future. If the project provides them with clean drinking water, this will be a huge development for their village and the district. Do you think this project is 3 All the villages located along the transmission main in beneficial for the people? the Arghandab Valley will have treated water and the farmers will have water for their farms and agricultural lands throughout the year. All participants agreed that this project is for the good of all the people and the region. Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one is 4 (ROW) of Arghandab river, allowed to use the ROW of canals and roads. The ROW Canals and Roads? is government property. If the water transmission pipes Even if the project directly impacts people's houses, and distribution networks 5 agricultural lands, and orchards they would not have impact your private lands, will any objections as the project will improve their lives. you have any objections? All present people pledged their contribution during the Will you contribute to the 6 construction, maintenance and operation phases of the project during construction? project. Consultation in Gul Kalacha Village 76 District: Arghandab Village: Jazah Date: 2 February 2019 Time: 02:00 PM Participants: 6 men, the head of the village Sayed Shah Agha Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Valuation methods, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was held at a private home in the Jazah village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements; Roads and Canals Right- of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances and the GRM were explained to participants. The questions asked related to the beginning of the project, compensation for affected assets and compensation for unexpected damages during the construction time. The participants supported the project and expressed positive feelings about the project and its benefits for the community. The participants stated that they would be willing to participate in the construction stage of the project without remuneration. This suggests that voluntary communal participation in the maintenance of the water supply main transmission pipes and distribution networks is possible. The main information shared with the participants was about: (i) all four components of the A-WASH Project; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism and (ix) valuation of affected assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We have of the project; however, we are worried Have you heard of the A-WASH that some warlords will steal the money from this 1 Project? project and as a result the project will not be completed. We support the project and we all are ready to give 2 Do you support this project? away parts of our lands and homes for the project’s 77 works and activities, either temporarily or permanently. Amanullah Agha asked whether compensation will be paid if there are impacts on agricultural and other land. The compensation entitlements were explained to the participants. The head of Jazah village and other Shura/CDC members spoke for all the people from their villages and stated that the project will be beneficial for their maternal lands and that most importantly Arghandab district. If the project is not realized, the loss will be ours. The villages and I stand for and support this project. If the project provides clean drinking water, electricity and irrigation water for the residents of Arghandab district, then we support the government. Do you think this project is 3 All the villages located along the transmission main beneficial for the people? in the Arghandab Valley will have treated water. People will have improved water quality that is not exposed to contaminants en-route or through surface runoff. All the farmers will have water for their farms and agricultural lands all year round. As a result, they will produce more crops and more orchards will develop. All the people agreed that this project is for the good of all the people and that supporting it amounts to a good deed for all the people of the region. Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one 4 (ROW) of Arghandab river, is allowed to use the ROW of the canals and roads. Canals and Roads? The ROW is government property. If the water transmission pipes If the project directly impacts people’s houses, and distribution networks impact agricultural lands, and orchards, they will not have 5 your private lands, will you have any objections, because the project will any objections? considerably improve their lives. All participants agreed that they will do their part Will you contribute to the project during the construction, maintenance and operation 6 during construction? stages of the project. 78 Consultation in Jazah Village 79 District: Arghandab Village: Khishki Date: 30 January 2019 Time: 02:00 PM Participants: 13 men, the head of the village Haji Abdul Baqi Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Valuation method, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Khishki village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to compensation, the timing of the project, possible demolition of buildings and structures, principles of compensation and compensation for unexpected damages during the construction period. The participants supported the implementation of the project in their area. They expressed positive attitudes regarding the project's benefits for the community. Participants stated that they would be willing to participate in the construction stage of the project. The majority stated that they would participate even without any payment. This suggests that there is scope for voluntary communal participation in the future development and maintenance process of the water supply main transmission pipes and distribution networks. The main information shared with the participants was about: (i) all four components of the A-WASH Project; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) valuation methods; (vii) entitlements for land, buildings, structures; business owners and renters, and workers; (viii) allowances for severely affected and vulnerable groups; and (ix) the GRM mechanism; (x) valuation of affected assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We have heard over the years that the project will start, but we haven't seen any results. We want the Have you heard of the A-WASH government to start the project as soon as possible. 1 Project? The people whose lands are affected by drought are very poor. At least they will be able to find some work in the project, to make a living. 80 No Questions/ Discussions Answers We want to grow crops, but we cannot due to drought and scarcity of water. If the government implements this project without the interference of corrupt people who steal money and other 2 Do you support this project? resources from the project, we are ready to help the government and the donors with the implementation of the project, and we are also ready to give parts of our land and houses, either temporarily or permanently for the project. The head of Khishki village and other Shura/CDC members spoke for all the people and said that this project benefits their land and their district, so if something prevents the implementation of the project, it will be a big loss for us. The villagers and I stand for and support this project. If the project provides clean drinking water, electricity and irrigation water for the residents of Arghandab district, then we support the government. Do you think this project is All the villages located along the transmission 3 beneficial for the people? main in the Arghandab Valley will have treated water. People will have improved water quality that is not exposed to contaminants en-route or through surface runoff. All the farmers will have water for their farms and agricultural lands all year round. As a result, they will yield more crops and more orchards will develop. All the people agreed that this project is for the good of all people and whoever supports it, will be doing a good deed for all the people of the region. Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one 4 (ROW) of Arghandab river, Canals is allowed to use the ROW of canals and roads. The and Roads? ROW is government property. If the water transmission pipes and If the project directly impacts houses, agricultural distribution networks impact your lands, and orchards the people will not have any 5 private lands, will you have any objections because the project will improve their objections? lives. All of the participants agreed that they would do Will you contribute to the project 6 their part to support the construction, maintenance during construction? and operation of the project. 81 Consultation in Khishki Village District: Arghandab Village: Khwaja Mulk Date: 1 February 2019 Time: 11:00 AM Participants: 13 men, the head of the village Mr. Mohmmad Rafiq Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Valuation methods, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Khwaja Mulk village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to the project duration, compensation, possible demolition of buildings and structures, compensation for unexpected damages during the construction period, and community support for the project. During the consultations, the participants expressed their support for the project and their willingness to help in any way they can. 82 The main information shared with the participants was about: (i) all four components of the A-WASH Project; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We have heard about the project, but we are worried that Have you heard of the A- 1 warlords will steal money from this project, and that the WASH Project? project will not be completed as a result. If this project is carried out, we support the project and we all are ready to give away parts of our lands and 2 Do you support this project? homes for the project works and activities either temporarily or permanently. All the villages located along the transmission main in the Arghandab Valley will have treated water. People will have improved water quality that is not exposed to contaminants en-route or through surface runoff. The farmers will have water for their farms and agricultural Do you think this project is 3 lands all year long. As a result, they will produce more beneficial for the people? crops and more orchards will develop. All the people agree that this project is for the good of all the people and that whoever supports it will be doing a good deed. All the people of the region will benefit from it one way or another. Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one is 4 (ROW) of Arghandab river, allowed to use the ROW of the canals and roads. The Canals and Roads? ROW is government property. If the water transmission pipes If the project directly impacts their houses, agricultural and distribution networks 5 lands, and orchards, people will not object as the project impact your private lands, will is very important to them. you have any objections? All of the participants agreed that they will do their part Will you contribute the project 6 during the construction, maintenance and operation of during construction? the project. 83 Consultation in Khwaja Mulk Village District: Arghandab Village: Nawy Kalai Date: 5 February 2019 Time: 02:00 PM Participants: 10 men, the head of the village Mohammad Ibrahim Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date. Consultations conducted by: Social Surveyors The focus group discussion (FGD) with men was conducted at a private home in the Nawy Kalai village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances and the GRM were explained to the participants. The questions asked were related to compensation, the timing for the demolition of buildings and structures, and compensation for unexpected damages during the construction period. During the community consultation, all of the participants expressed their sincere support for the project and their positive feelings about the project and its benefits for the community. Almost all participants were interested in participating in all phases of the project without any remuneration. The main information shared with the participants was about: (i) all four components of the A-WASH Project; (ii) LAR Impacts; 84 (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We heard over the years that the project would start, and some people say that the project works will start Have you heard of the A-WASH in the coming months. During the project 1 Project? implementation, we want our villagers to work in the projects as unemployment is very high in Shah Wali Kot and Arghandab districts. We are ready to support the government and we will also provide parts of our land and houses for the 2 Do you support this project? implementation of the project. The other villagers said that they support the village head and added that they want jobs in the project’s works. The project is for the people, so our people have the responsibility of supporting the project. We are also stakeholders of this project as we benefit it, so most of the suggestions for the implementation should be provided by the people of the region. All the villages located along the transmission main in the Arghandab Valley will have treated water. Do you think this project is People will have improved water quality that is not 3 beneficial for the people? exposed to contaminants en-route or through surface runoff. All the farmers will have water for their farms and agricultural lands all year long. As a result, they will produce more crops and more orchards will develop. All the people agree that this project is for the good of all the people and whoever supports it will be doing a good deed. All the people of the region will benefit from it in one way or another. Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one 4 (ROW) of Arghandab river, is allowed to use the ROW of the canals and roads. Canals and Roads? The ROW is government property. 85 If the water transmission pipes If the project directly impacts houses, agricultural and distribution networks impact 5 lands, and orchards, people will not object because your private lands, will you have the project will improve their lives. any objections? All of the participants agreed that they will Will you contribute to the project 6 contribute their part for the construction, during construction? maintenance and operation of the project. District: Arghandab Village: Nawy Mazra Date: 29 January 2019 Time: 02:00 PM Participants: 13 men, the head of the village Mulla Din Mohammad Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Nawy Mazra village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The participants stated that they support the project and appreciated the benefits that the project will bring to the communities and the region. Many stated that they would be willing to support the project without remuneration. The participants indicated that poor people would be able to gain employment even for a short period of time which will be beneficial for them. The main information shared with the participants was about: (i) all four components of the A-WASH Project; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. 86 The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers We have heard about the project for years, and some people say that the project works will start in the coming months. During the project implementation, we want Have you heard of the A- 1 our skilled and unskilled workers to be employed in the WASH Project? project. If people are employed to contribute to the works, this will help strengthen security by eradicating unemployment. It is our Islamic duty to support this project as it is for the good of all the people. Other villagers, represented by Din Mohammad, added that since the project is for the benefit of Shah Wali Kot and Arghandab district, the residents of these two districts have a responsibility to 2 Do you support this project? support the project in terms of security and collaboration. If this project is carried out, we support it and we are ready to give away parts of our lands and homes for the project, either temporarily or permanently. The head of Nawy Mazra village and other Shura/CDC members spoke on behalf of the village people and stated that, ‘this project benefits our motherland and most importantly, our district, Arghandab. If anything happens to prevent the project being implemented, the loss will be ours. The villagers and I stand for and support this project. If the project provides clean drinking water, electricity and irrigation water for the residents of Arghandab district, then we support the Do you think this project is 3 government. beneficial for the people? All the villages located along the transmission main in Arghandab Valley will have treated water. People will have improved water quality and the farmers will have water for their farms and agriculture lands all year round. As a result, they will produce more crops and more orchards will be developed.’ All of the present participants agreed that this project is for the good of all the people and that those who support the project will be doing a good deed for the people of the region. Each canal has its own ROW according to ASBA Do you know the Right-of- standards. We all know about the ROW and no one is 4 Way (ROW) of Arghandab allowed to use the ROW of the canals and roads. The river, Canals and Roads? ROW belongs to the government. ‘If the project directly impacts our houses, agriculture If the water transmission pipes 5 lands, and orchards, we will not have any objections and distribution networks because the project will improve our lives. 87 No Questions/ Discussions Answers impact your private lands, will you have any objections? Will you contribute to the All of the present participants committed their support 6 project during construction? during all phases of the project. Consultations in Nawy Mazra Village 88 District: Arghandab Village: Shoyeen Vosta Date: 3 February 2019 Time: 02:00 PM Participants: 8 men, head of the village Abdullah Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Shoyeen Vosta village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to compensation, the timing for the demolition of buildings and structures and compensation for unexpected damages during the construction period. All of the participants stated their support for the project being implemented in their area. They expressed their positive feelings about the project's benefits for the community. They all appeared to be willing to participate in the construction stage of the project. Almost all participants said that they would be interested in participating without remuneration. This suggests that there is scope for voluntary communal participation in the future development and maintenance process of the water supply main transmission pipes and distribution networks. The main information shared with the participants was about: (i) all four components of the A-WASH Project; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions during consultation were as follows: No Questions/ Discussions Answers Most of the villagers and the village elders said that they Have you heard of the A- 1 had heard of the project but are worried that warlords WASH Project? will steal money from this project, which will result in 89 No Questions/ Discussions Answers it not being completed. These sentiments are similar to those expressed by the elder in the village of Jaaza nearby. They all agreed that if this project is carried out, they will support it and are ready to give away parts of their lands and homes for the project’s works and activities, either temporarily or permanently. Participants stated that what they want from the government and the supporting organizations is that the projects are carried out with the close supervision of people and organizations that are not corrupt and who won’t steal anything from the project If any parts of our homes or lands are destroyed for the project, we want compensation for the land. For example, Abdullah, a village elder said, “I cannot destroy my house for the project as I can get drinking water from a well in my house". Other elders, such as the tribal elder and the village imam Maulavi Zabiullah added that “if the government provides us with clean 2 Do you support this project? drinking water, we are ready to help them in any way possible�. All the people agreed that this project is for the good of all the people and whoever supports it will be doing a good deed. Most of the people are hopeful about the project, and the people agree that if the project is carried out correctly, all the people of the region will benefit from it one way or another Salih Mohammad, the head of Shoyeen Vosta village and other Shura/CDC members spoke for all the people and said that this project benefits their motherland and Arghandab district, so if something happens to prevent the project from going ahead, the loss will be theirs. Salih Mohammad said that he and the villagers stand for and support the project, and if the government provides them with clean drinking water and year-round irrigation water, they are prepared to help in any way Do you think this project is 3 possible. All the villages located along the transmission beneficial for the people? main in the Arghandab Valley will have treated water. People will have improved water quality that is not exposed to contaminants en-route or through surface runoff. All the farmers will have water for their farms and agricultural lands all year long. As a result, they will produce more crops and more orchards will develop. All the people agreed that this project is for the good of all the people and that whoever supports it will be doing a good deed. 90 No Questions/ Discussions Answers Each canal has its own ROW according to ASBA Do you know the right of way standards. We all know about the ROW and no one is 4 (ROW) of Arghandab river, allowed to use the ROW of the canals and roads. The Canals and Roads? ROW is government property. If the water transmission pipes If the project directly impacts their houses, agricultural and distribution networks 5 lands, and orchards they will not object because the impact your private lands, will project will improve their lives. you have any objection? The participants agreed that they will contribute their Will you contribute to the 6 part for the construction, maintenance and operation of project during construction? the project. District: Arghandab Village: Mira Khoraan Date: 7 February 2019 Time: 03:00 PM Participants: 13 men, the head of the village Salih Mohammad Information shared: A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Valuation methods, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors A focus group discussion (FGD) with men was conducted at a private home in the Mira Khoraan village. The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to compensation, the timing for the demolition of buildings and structures, and compensation for unexpected damages during the construction time. All of the participants supported the project being implemented in their area. They expressed their positive feelings about the project's benefits for the community. They all appeared to be willing to participate in the construction stage of the project and most would be interested in participating without remuneration. This suggests that there is scope for voluntary communal participation in the future development and maintenance process of the water supply main transmission pipes and distribution networks. The main information shared with the participants was about: (i) all four components of the A-WASH Project; 91 (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the preparation and implementation process of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions during the consultations were as follows: No Questions/ Discussions Answers Many surveyors have come to this district and to our village before. We want the government to help the people Have you heard of the A- 1 upstream and downstream of the project, and those that will WASH Project? be affected. We support the project because it is for our benefit. If the government provides us with clean drinking water, we are ready to help them in any way possible. If the project is carried out correctly, all the people of the region will Do you support this benefit. 2 project? If this project is carried out, we will support it and we all are ready to give away parts of our lands and homes for the project works and activities either temporarily or permanently. Salih Mohammad, the head of Mira Khoraan village and other Shura/CDC members spoke on behalf of all the people and said that this project benefits their motherland district so if something precludes the implementation of the project, the loss will be theirs. The villagers stand for and support this project. If the project provides clean drinking water, electricity and irrigation water for the residents of Arghandab district, then we support the government. Do you think this project is 3 All the villages located along the transmission main in beneficial for the people? Arghandab Valley will have treated water. People will have improved water quality and water that is not exposed to contaminants en-route or through surface runoff. All the farmers will have water for their farms and agricultural lands all year long. As a result, they will produce more crops and more orchards will develop. All the people agreed that this project is for the good of all the people and whoever supports it will be doing a good deed. Each canal has its own ROW according to ASBA standards. Do you know the right of We all know about the ROW and no one is allowed to use 4 way (ROW) of Arghandab the ROW of canals and roads. The ROW is government river, Canals and Roads? property. 92 If the water transmission pipes and distribution ‘If the project directly impacts houses, agricultural lands 5 networks impact your and orchards, we will not object. The project will improve private lands, will you our lives.’ have any objections? Will you contribute to the People will contribute all they can during the construction, 6 project during maintenance and operation phases of the project. construction? District: Shah Wali Kot Village: Shah Agha Date: 7 March 2019 Time: 03:00 PM Participants: 7 men, the head of the village Shayesta Gul Information shared: Project components, GRM information, Entitlements, Valuation methods, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, methodology for valuation, allowances, and the GRM were explained to the participants. The questions asked were related to start of the project, compensation for poor, timing of the demolition of buildings and structures, and compensation for unexpected damages during the construction period. The participants supported the implementation of the project in their area. They expressed positive feelings about the project and its benefits for the community but also asked if possible to avoid demolition of homes and other buildings. They all expressed willingness to participate in the construction stage of the project. The main information shared with the participants was about: (i) the A-WASH Project and all four components; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the process of preparation and implementation of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and 93 (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions at these consultations were as follows: No Questions/ Discussions Answers Yes, we have heard of the project. The implementation of this project will only be possible if Ashraf Ghani remains the Have you heard of the A- 1 President of Afghanistan. Ashraf Ghani fights corruption, WASH Project? which will make it the implementation of a huge project such as the raising of Dahla Dam possible. The project is for the benefit of the people. If someone does Do you support this not support the project, we cannot call him Afghan. In other 2 project? words, we all support the project. We are Pashtuns and we are Afghans. All the people agree that by the implementation of the project, Do you think this project is will provide our crops with year-round water. Our agricultural 3 beneficial for the people? production will flourish, and the lives of the villagers will be better Do you know the right-of Yes, the Arghandab river has a right-of-way. The right-of-way 4 way (ROW) of Arghandab is the property of the government, and only the it has the right river, canals, and Roads? and authority to use it temporarily or permanently. If an electric transmission pole or water transmission pipe If the water transmission passes through parts of our lands, we won’t have any pipes and distribution 5 objections. But we are poor people and we are not able to networks impact your reconstruct the structures by ourselves. We need private lands, will you compensation to be paid to us before demolition of our have any objections? structures, but if possible, please try to avoid the demolition. Isn’t our presence here a confirmation how much we want this Will you contribute to the project? Yes, we will contribute to the project during the 6 project during the construction period and implementation of the project. Most construction? of our villagers don’t have enough land to support their lives. These villagers will work on the project as unskilled workers Any concerns regarding Our main concerns are timely implementation of the project 8 the project? and a high quality of works without corruption. Head of Shah Agha with village participants 94 Attendance Sheet 95 District: Shah Wali Kot Village: Darbazan Date: 7 March 2019 Time: 01:00 PM Participants: 10 men, the head of the village, Mohammad Naeem Information shared: Project components, GRM information, Entitlements, Valuation methods, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, and methodology for valuation, allowances and the GRM were explained to the participants. The questions asked were related to compensation, employment opportunities and timely compensation for poor and timely project implementation. The participants supported the project being implemented in their area. They expressed positive feelings about the project and its benefits for the community but asked for all acquired assets to be compensated before beginning of civil works. The main information shared with the participants: (i) the A-WASH Project and all four components; (ii) LAR Impacts; (iii)the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the process of preparation and implementation of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism; and (ix) valuation of affected land and other assets. The main questions and suggestions at these consultations were as follows: No Questions/ Discussions Answers Yes, we have heard of the project. We heard that the project Have you heard of the A- 1 was due to begin three times although it was delayed due to WASH Project? slow implementation by the government. Yes, we all support the project. Our lands got water for only Do you support this 2 two months last year due to drought, and then we pumped project? underground water for irrigation. That was too expensive for 96 No Questions/ Discussions Answers us. With the implementation of this project, we will get year- round water. Yes, this project is beneficial for the people. Water is essential Do you think this project is 3 for drinking and also water for the irrigation of crops that beneficial for the people? provide us with food. Do you know the right of Yes, the Arghandab river, canal and roads all have a right-of- 4 way (ROW) of Arghandab way. The right-of-way is the property of the government, and river, canals, and Roads? nobody can use it permanently. If the water transmission If part of our lands are impacted either temporarily or pipes and distribution 5 permanently, we won’t have any objection. However, people networks impact on you need to be compensated for lands that are completely private lands, will you destroyed by the project works or transmission pipes. have any objections? No, the government does not implement projects which Did you have any land 6 require land. We used to donate our land for community acquisition before? needs. No, we don’t know about the government procedure for compensation. But, on the village level, if you need some Do you know about the 7 land, you can give me a replacement land or pay cash at the compensation procedure? current market value, and we will give you a customary deed which is a common village practice. Will you contribute the 8 We all support the project. Nobody in our village will be project during the allowed to disrupt the project’s works. construction? Any concerns about the We just wish the project to be implemented on time, that 9 project? works is of good quality and without corruption. 97 District: Shah Wali Kot Village: Markaz Kalai Date: 7 March 2019 Time: 11:00 AM Participants: 15 men, the head of the village Shayesta Gul Information shared: Project components, GRM information, Valuation methods, Entitlements, Government Decree on the Cut-off Date Consultations conducted by: Social Surveyors The A-WASH Project with all components, LAR Impacts, GRM information, Entitlements, Roads and Canals Right-of-Way information, Government Decree on the Cut-off Date, SPS 2009, and methodology for valuation, allowances and the GRM were explained to the participants. The questions asked were related to compensation, timing for the demolition of buildings and structures, and compensation for unexpected damages during the construction time. The participants supported the project being implemented in their area. They expressed positive feelings about the project and its benefits for the community. They all appeared to be willing to participate in the construction stage of the project, and most were willing to do so without remuneration. This suggests that there is scope for communal participation in the future development and maintenance process of the water supply main transmission pipes and distribution networks. The main information shared with the participants: (i) the A-WASH Project and all four components; (ii) LAR Impacts; (iii) the Cut-off Date; (iv) the Project, related activities, and socioeconomic and other studies required; (v) the process of preparation and implementation of the Land Acquisition and Resettlement Plan; (vi) entitlements for land, buildings, structures; business owners and renters, and workers; (vii) allowances for severely affected and vulnerable groups; and (viii) the GRM mechanism and (ix) valuation of affected land and other assets. The main questions and suggestions at these consultations were as follows: No Questions/ Discussions Answers Yes, we have heard of the project. We heard rumors over the Have you heard if the A- 1 past two years that the project would start next month, but it WASH Project? has not started yet Yes, we all support the project. Water is an essential element Do you support this for living. By saving more water in the dam, it will enrich the 2 project? lives of the farmers. The farmers will receive the benefits from the water all year round. That is great. 98 No Questions/ Discussions Answers All the farmers will have water for their farms and agricultural Do you think this project is lands all year long which will let them produce more crops 3 beneficial for the people? and develop more orchards. Everyone agrees that this project is for the good of all the people. Yes, the Arghandab river, canal, and the roads have a right-of- Do you know the right of way, but over time people have settled or opened businesses 4 way (ROW) of Arghandab along the ROW. The ROW is the property of the government river, canals, and Roads? and the government can take it back anytime it needs to use it. If the water transmission pipes and distribution If parts of our lands are impacted either temporarily or 5 networks impact your permanently, we won’t have any objections. However, some private lands, will you villagers stressed that poor people should be compensated. have any objections? Will you contribute the All of our villagers support the government to provide 6 project during the security for the project. Also, the residents of Markaz Kalai construction? want to work in all stages of the project as unskilled laborers. Do you have a title of your Yes, we all have the title of our lands – these are customary 7 land? deeds. Did the government implement in your area Not yet, but if the government plan to do so, we are ready to 8 any project with the LAR support. impacts? Consultations in Markaz Kalai village 99 Appendix 3. Outline of a Resettlement Plan This outline is part of the Safeguard Requirements. A resettlement plan is required for all commensurate with the significance of potential involuntary resettlement impacts and projects with involuntary resettlement impacts. The level of detail and comprehensiveness is risks. The substantive aspects of the outline will guide the preparation of the resettlement plans, although not necessarily in the order shown. If indigenous people are affected, the plan will identify the risks and include special provisions to mitigate these risks. The comprehensiveness of a resettlement plan would correspond to the potential involuntary resettlement impacts/risks and size of the project. The resettlement plan must adequately address all involuntary resettlement issues related to the project, describe specific mitigation measures that will be taken to address the issues, and outline institutional requirement and resources required to implementation of the LARP. The following outline of LARP is suggested for the present project. A. Executive Summary This section provides a concise statement of project scope, key survey findings, entitlements and recommended actions. B. Project Description This section provides a general description of the project, discusses project components that result in land acquisition, involuntary resettlement and identify the project area. It also describes the alternatives considered to avoid or to minimize resettlement. It includes tables with quantified data and provide a rationale for the final decision. C. Scope of Land Acquisition and Resettlement This section: • Discusses the project’s potential impacts and includes maps of the areas or zone of impact of project components or activities; • Describes the scope of land acquisition and explains why it is necessary for the main investment project; • Summarizes the key effects in terms of assets acquired and displaced persons; and • Provides details of any community/government property resources that will be acquired. D. Socioeconomic Information and Profile This section outlines the results of the social impact assessment, the census survey, and other studies, with information and data disaggregated by gender, vulnerability, and other social groupings, including: • Number and description of people and communities to be affected; • likely impacts on land and asset acquisition on the people and communities affected; • Description of the project’s impacts on poor, indigenous and/or ethnic minorities, women, disabled and other vulnerable groups; • Description and analysis of the socioeconomic situation, impacts, needs, and priorities for women. 100 E. Information Disclosure, Consultation, and Participation This section: • Identifies project stakeholders, especially key stakeholders; • Describes the consultation and participation mechanisms to be used during the different stages of the project cycle; • Describes the activities undertaken to disseminate project and resettlement information during the project design and preparation for engaging stakeholders; • Summarizes the results of consultations with affected and displaced persons (including host communities if applicable), and discusses concerns raised and recommendations made for inclusion in the LARP; • Confirms disclosure of the draft LARP to displaced persons and includes arrangements to disclose any subsequent plans; and • Describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) and the process for consultation with displaced and affected persons during the project implementation. F. Grievance Redress Mechanisms This section describes mechanisms to receive and facilitate the resolution of affected persons concerns and grievances. It explains how the procedures are accessible to affected persons and gender sensitive. G. WB Legal Framework The World Bank has introduced ten (10) E&S standards to ensure safe and sustainable environmentally and social policies ensuring reduction of unanticipated or unforeseen threat through its financing. EA is a tool that gauges the potential threat a project poses to the environment. It includes an assessment of the project on the natural environment i.e. air, water and land and health and safety, social aspects i.e. involuntary resettlement and cultural property. The RAP would be prepared in accordance to WB ESS5 (Land Acquisition, Restriction on Land Use and Involuntary Resettlement). H. Entitlements, Assistance and Benefits This section: • Defines displaced persons entitlements and eligibility, and describes all resettlement assistance measures (includes an entitlement matrix); • Specifies all applicable assistance to vulnerable groups, including women, and other special groups; I. Relocation of Housing and Settlements This section: • Describes options for relocating housing and other structures, including replacement housing, replacement cost cash compensation, and/or self-selection (ensure that gender concerns and support to vulnerable groups are identified); 101 • Describes alternative relocation sites considered; community consultations conducted; and justification for selected sites, including details about locations, environmental assessment of sites, and development needs; • Provides timetables for site preparation and transfer; • Describes the legal arrangements to regularizes tenure and transfer titles to resettled persons; • Outlines measures to assist displaced persons with their transfer and establishment at new sites; • Describes plans to provide civic infrastructure; J. Income Restoration and Rehabilitation This section: • Identifies livelihood risks and prepare disaggregated tables based on demographic data and livelihood sources; • Describes income restoration programs, including multiple options for restoring all types of livelihoods; • Describes special measures to support vulnerable groups; • Explains gender considerations; and • Describes training programs where applicable. K. Resettlement Budget and Financing Plan This section: • Details costs for each type of affected assets including applicable allowances; • Provides an itemized budget for all resettlement activities; • Includes a justification for all calculated compensation at a replacement cost, rates and other cost estimates (considering applicable contingencies), plus replacement costs; • Includes information about the source of funding for the resettlement plan budget. L Institutional Arrangements This section: • Describes institutional arrangement responsibilities and mechanisms for carrying out the measures of the RP; • Includes institutional capacity building program, including technical assistance, if required; M. Implementation Schedule This section includes a detailed, time bound, implementation schedule for all key resettlement and rehabilitation activities. The implementation schedule should cover all aspects of resettlement activities synchronized with the project schedule of civil works and provide timing for the land acquisition processes. N. Monitoring and Reporting 102 This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the LARP. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures. 103 Appendix 4. Terms of reference for Resettlement Action Plan (RAP) 1. Objective of the RAP The aim of the RAP is to identify and assess the human impact of the planned A-WASH water supply projects and to prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank applicable standards and Government of Afghanistan policies and laws. The Resettlement Plan will identify the project affected persons (PAPs), engage them in participatory discussions regarding the plan and formulating a plan of action to adequately compensate people for their losses. 2. Scope of Work The consultant will prepare the Resettlement Action Plan (RAP) on the basis of the most recent and accurate information on the: (i) selected projects and the impacts on displaced persons and other adversely affected groups; and (ii) legal issues affecting resettlement. RAP must be based on the principles, planning procedures and implementation arrangements established in this RF. • Prepare the RAP that is consistent in policy and context to the laws, regulations, and procedures adopted by the Federal Government of Afghanistan and the World Bank’s operational policy on involuntary resettlement) covering displacement, resettlement, and livelihood restoration; • Conduct consultations with identified project affected persons (PAPs), based on a census of the affected sites; • Establish committees as appropriate who will be part of RAP implementation, valuation and compensation approaches; • Develop in a participatory manner the proposed grievance mechanism to be covered in the A/RAP; and • Complete a baseline socio-economic survey of PAPs and host communities. An ARAP includes the following contents: a) A census survey of displaced persons and inventory of affected land and assets; b) Description of asset valuation and compensation procedures; c) Eligibility criteria for compensation and any other forms of assistance; d) Compensation rates for all categories of land and other assets e) Consultation and disclosure arrangements; f) Organizational arrangements for implementation g) Timetable and budget; h) Grievance procedures, and; i) Land donation arrangements and documentation, if relevant. 3. Timetable and Outputs The expected output is a report that provides detail information on the scope of adverse social impacts and mitigation measures (resettlement/rehabilitation) actions to be taken by the project. The Consultant is expected to submit to the PIU the following: • Inception report describing the procedures and timetable for completion of the RAP preparation process by first week after contract signing; 104 • Report summarizing the preliminary results of the baseline socio-economic survey and PAPs census (by six weeks after contract signing); • Report summarizing the consultations with PAPs and other key stakeholders (by two months after contract signing); and • Draft RAP report (by nine weeks after contract signing). The main findings of the draft RAP will be shared in consultation forum with PAPs and communities and the final report will be reviewed and cleared by the World Bank and disclosed publicly by the Government of Afghanistan and World Bank Infoshop. 105 Appendix 4: Land clearance and Land valuation process A. Land Clearance (Tasfiya) Summary: There are two distinct phases for transferring land for infrastructure projects. This involves cadastral survey/land clearance (Tasfiya) to be followed with Land acquisition and resettlement and rehabilitation. The role of ARAZI (Land clearance and Cadastral team) which is a directorate within MUDL, Ministry of Agriculture, Irrigation and Livestock (MAIL), National Water Affairs Regulation Authority (NWARA), Ministry of Finance (MoF), Provincial agencies (local municipality DEW, DAIL), Presidential Office and Requiring agency is clearly defined. There is an underlying assumption that with the implementation of IDPL, one of the key services of ARAZI on transfer of land for infrastructure will become efficient. Accurate cadastral maps and clear title to property is a critical action, however, that alone will not expedite transfer of land for projects. It requires other Institutions to work together with ARAZI as described below: Phase 1 - ARAZI’s responsibility towards providing reports on cadastral survey and land clearance covered request for all infrastructure projects. Mobile team from Kabul, representing cadastral and Land clearance, MAIL, NWARA, MoF, visits the province to process the request. Before finalization of the report, the cadastral team prepares map indicating location, shape and size of the property required. Recently, the responsibility to provide cadastral survey and land clearance reports has been decentralized to provinces for linear project, except for some rare cases, such as CASA 1000 transmission-line in which the land acquisition impact is larger. For other development projects, it is retained with the Kabul office (See detail in annex 6 under Table 1.1). The Requiring Agency shall, after approval of the plan by the Arazi evaluation committee and approval of project by the government (Presidential Office), inform the property owner and affected persons under expropriation, six months prior to its implementation through mass media and local competent administrative source regarding the detailed plan of the project plus information relating to land acquisition (objective of expropriation, type and adequate size of property needed for expropriation, estimation of value of property needed for expropriation on the basis of minimum and maximum value of the land, ensuring allocation of prior and just payment of compensation and starting date of project)- [ article 9 of the LAL 2017). (1) Phase 1 – After the land clearance report is approved by the Presidential Office, the requiring body submits request to ARAZI to initiate the process of acquisition. The cadastral and land clearance report is submitted to the Provincial government that constitutes a land valuation team. A report on valuation of the property is prepared which the provincial government submits to ARAZI that for approval by Council of Ministers (CoM). Following the approval of the plan by the evaluation committee and approval of the plan by the CoM, it is sent to Ministry of Finance for release of budget and to Requiring body to disburse the compensation and issue notice to people for evacuation 1 months after receiving compensation- [article 10 of the LML] (see detail in annex 6, under table 1.2). Whenever buildings and establishments are constructed on the expropriated land, the owner may destruct it and transfer the construction materials within a period of three months- [article 13 of the LML]. Phase-1 Table 1.1 presents the processes/procedures with steps for land clearance (Tasfiya) Steps Action Responsibility Duration 106 1 Submit request of land requirement for a project Requiring body Apr, 2019 to Arazi (Clause 48 of LML) (i.e. IDLG, MoMP, NWARA, etc.) 2 Prepare a report on the requirement of land for Land clearance 2-3 days the project, for which the team carries readiness Department/Arazi- filter of whether the project is in the plan, budget at HQ level is allocated, land is required or not.- (Clause x-x LML) 3 Submission of the report to the President for Arazi Office 2 weeks approval- Clause x-x LML 4 President gives consent or decline President office Week time 5 Inform the property owner and affected persons Requiring body 6 months prior under expropriation, six months prior to its to its implementation through mass media and local implementation competent administrative source regarding the detailed plan of the project plus information relating to land acquisition 6 Constitution of land clearance team of Arazi 3 weeks representing MoEW, MAIL, MoF, Cadastral and Tasfiya team. Clause 40 of LML. 7 For development projects, the mobile team Land clearance 4 weeks constituted under step 5 send to the province. Mobile team They meet the Governor and inform him/her regarding the project and land requirement and their role in land clearance and office is provided to them by the Governor. 8 For linear project, the team is constituted at the Provincial 2 weeks province level and the members are the same government indicated in step 5. 9 Information dissemination regarding the nature Land clearance 4 weeks of type of project, location, area required and other basic information via TV, radio, posters, mosques and other means. 10 Submission of ownership documents to the land The affected 3 weeks clearance team. The minimum requirement is owner of the one of the document out of the 11-listed (see concerned land annex 1 A) in clause 80 of the LML. It should meet the conditions stipulated in the LML. 11 The document submitted is verified for history Land clearance 2 weeks of ownership, checking for court approval, etc. 12 Meeting the cadastral team to check whether Land clearance 2 weeks maps are available to verify the location of the land on the cadastral map and owner of the property. 13 If map is available form is filled to calculate size Cadastral team 2 weeks of each parcel of land required for the project, 107 including geometric shapes of the parcels and submitted to the land clearance team. 14 Four-page form is filled, which include personal Land clearance 4 weeks information of the owner, team qualitative/quantitative information of the land, own assessment of balance land to make whether it is grabbed land, additional land, etc. Each member of the land clearance team will include their own observations in the form and sign. This is submitted to Arazi and Amlak or Arazi provincial office for their review/processing. 15 Submit the report to the requiring agency Arazi 2 weeks indicating that land clearance is completed. Phase 2 Table 1.2 presents the processes/procedures with steps for land acquisition and resettlement steps Action Responsibility Duration 1 Submit request for land acquisition to Arazi (Clause Requiring body June 2019 xx of LAL) (i.e. IDLG, MoMP, MoEW, etc.) 2 Analysis the land clearance report and request for LAD of Arazi 2 weeks acquiring and submit it to the provincial Governor to value at the land. 3 Land valuation team is constituted representing Provincial 4 weeks DAIL, DoEW, local municipality and community governor council representatives. (Article 22 LAL). The price is fixed by provincial government which is verified by the land valuation team in some cities. If the price is not determined then the valuation team fixes the price for which standards are stipulated. However, there is no land price in rural and some urban areas. Article 24 of LAL according to which the requiring body constitutes the team (Engineers, and land Owner) to collect prices and market value to determine the rate of compensation. 4 Report prepared and submitted the report on the Land valuation May 2019 value of land and other properties to provincial team governor. 5 Report reviewed and approved. Provincial 1 week government council 6 Report submitted to Arazi for certification ARAZI 2 weeks Certified report submitted to Requiring body ARAZI 1 week 7 Certified report/document submitted to Council of Requiring body 1 week Ministers (CoM) for approval. 108 8 Report with approval sent to requiring body to CoM 2 weeks make payment and MoF to allocate budget. 9 Disbursement of compensation paid to the affected Requiring body 8 weeks people. 10 Public notice issued to evacuate 1 month after Requiring body 4 weeks receiving compensation (RAP implementation). 11 Land deeds from owners deposited to requiring Owner 2 weeks body 12 These deeds submitted to ARAZI Requiring body 2 weeks 13 Change in land owner and use completed of ARAZI 2 weeks acquired land 14 Land allocation for relocation ARAZI 4 weeks 109