SFG3950 REV Islamic Republic of Afghanistan Ministry of Finance (MOF) Resettlement Policy Framework (RPF) For Public-Private Partnerships and Public Investment Advisory Project May 14, 2018 Table of Contents Abbreviations and Acronyms ........................................................................................................................ 1 Executive Summary ...................................................................................................................................... 5 I. Project Overview .................................................................................................................................. 9 A. Project Context.............................................................................................................................. 9 B. PPIAP Objective ........................................................................................................................... 9 C. Project Components ...................................................................................................................... 9 II. Why a Resettlement Policy Framework (RPF)? .................................................................................. 9 III. Legal and Policy Framework for Resettlement ............................................................................... 10 A. Afghanistan Law and Policy on Land Acquisition ..................................................................... 10 B. World Bank OP 4.12 ................................................................................................................... 11 C. Comparison between the Law on Land Expropriation and OP 4.12 with Proposals for Reconciliation ......................................................................................................................................... 13 IV. Key Elements of a Resettlement Policy Framework....................................................................... 18 First Step: Avoid acquisition wherever possible .................................................................................... 18 Second Step: Prepare a detailed RAP through consultation and information disclosure ....................... 18 Third Step: Implement the RAP ............................................................................................................. 21 V. Eligibility for Compensation .............................................................................................................. 21 A. General Eligibility ....................................................................................................................... 21 B. Land Tenure and Compensation Entitlements ............................................................................ 22 C. Entitlements to Compensation and Livelihood Restoration........................................................ 22 VI. Unit Compensation Rates and Budget ............................................................................................ 24 A. Establishing Rates for Land Acquisition and Resettlement ........................................................ 24 B. Valuation of Land ....................................................................................................................... 25 C. Valuation of Structures ............................................................................................................... 25 D. Valuation of Crops and Trees ..................................................................................................... 25 E. Valuation for Livelihood Restoration Support................................................................................ 26 F. Matrix of Compensation Entitlements and Rates............................................................................ 27 VII. Institutional Arrangements .............................................................................................................. 30 A. General ........................................................................................................................................ 30 B. Overall Organization - Ministry of Finance ................................................................................ 30 C. Project Implementation ............................................................................................................... 31 VIII. Public Consultation and Participation ......................................................................................... 33 A. Public Consultation .................................................................................................................... 33 B. Public Consultation ..................................................................... Error! Bookmark not defined. C. Village and Neighborhood Meetings .......................................................................................... 33 D. Consultations with Government Officials and Other Stakeholders ............................................ 33 E. Preparation of Project-specific Informative Material ..................................................................... 34 F. Disclosure ....................................................................................................................................... 34 IX. Preparatory Actions and RAP Implementation Schedule ............................................................... 35 A. Preparation Actions ..................................................................................................................... 35 B. Process of RAP Implementation ................................................................................................. 36 X. Complaints and Grievance Redress .................................................................................................... 37 A. Matrix of Actions under the RPF ................................................................................................ 39 Annex 1: Summary of different types of formal and informal land ownership and possession in Afghanistan ................................................................................................................................................. 43 Annex 2: Resettlement Action Plan Content............................................................................................... 45 Abbreviations and Acronyms ARAZI Afghanistan Independent Land Authority CDC Community Development Council CPA Central Partnership Authority EA Executing Agency EMA External Monitoring Agency ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework GoIRA Government of the Islamic Republic of Afghanistan GRC Grievance Redress Committee GRM Grievance Redress Mechanism IPPF Infrastructure Project Preparation Facility LAC Land Acquisition Committee LGU Local Government Unit LLE Law on Land Expropriation M&E Monitoring and Evaluation MOF Ministry of Finance NGO Nongovernmental Organization NIC National Identification Card PAP Project-Affected Person PPP Public-Private Partnership PPIAP Public-Private Partnerships and Public Investment Advisory Project RAP Resettlement Action Plan RCC Reinforced Cement Concrete RPF Resettlement Policy Framework TA Technical Assistance TAT Technical Assistance Team 1 Definitions of words and phrases used in the RPF Project-Affected Persons (PAPs), for the purposes of this Resettlement Policy Framework (RPF), mean all the people directly affected by project-related land acquisition that leads to their physical relocation or loss of assets, or access to assets, with adverse impacts on livelihoods. This includes any person, household (sometimes referred to as project-affected family), firms, or public or private institutions who on account of project-related land acquisition would have their (a) standard of living adversely affected; (b) 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 (c) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. PAPs therefore include (a) persons affected directly by the acquisition or clearing of the right-of-way or construction work area; (b) persons whose agricultural land or other productive assets such as mining, trees, or crops are affected; (c) persons whose businesses are affected and who might experience loss of income due to project-related land acquisition impacts; (d) persons who lose work/employment as a direct result of project-related land acquisition; and (e) people who lose access to community resources/property as a result of project-related land acquisition. Census means the pre-appraisal population record of potentially affected people, which is prepared through a count based on village or other local population data or census. Compensation means payment in cash or kind for an asset to be acquired or affected by a project at replacement costs. Cut-off date means the date after which people will not be considered eligible for compensation, if they are not included in the list of 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 in-kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to PAPs, depending on the type and nature of their losses, to restore their social and economic base. 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 is a traditional unit of measurement of Afghanistan. One jerib is equivalent to 2,000 m2 of land. One hectare is equivalent to 5 jeribs. Land acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns, possesses, or uses, to the ownership and possession of that agency, for public purposes, in return for prompt and fair compensation. This includes direct acquisition and easement. 2 Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit, or grant. Poor means those falling below the United Nations poverty line of US$1 per person per day or equivalent to AFN 52. Relocation means the physical shifting of a PAP from his/her pre-project place or residence, place of work, or business premises. Rehabilitation means the assistance provided to severely affected PAPs to supplement payment of compensation for land acquired 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 (for example, access to public services, customers, and suppliers or to mining, fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Resettlement means all social and economic impacts that are permanent or temporary and are caused by (a) acquisition of land and other fixed assets, (b) change in the use of land, or (c) restrictions imposed on land because of the project. Resettlement plan means the time-bound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring, and evaluation. Severely affected PAPs means PAPs who are affected by significant impacts within the meaning of the definition below. Significant impact means PAPs are (a) being physically displaced from housing or (b) losing 10 percent or more of their productive assets (income generating). Sharecropper and/or tenant cultivator is a person who cultivates land s/he does not own for an agreed proportion of the crop or harvest. Structures and encroachments 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, and commercial enterprises including roadside shops and businesses. Squatters and encroachments mean the same as non-titled person, that is, 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, that is, (a) single household heads with dependents, (b) disabled household 3 heads, (c) poor households, (d) elderly households with no means of support, (e) the landless or households without security of tenure, and (f) ethnic minorities. The RPF of the Public-Private Partnerships and Public Investment Advisory Project (PPIAP) draws on recently approved RPFs developed by the line ministries for the World Bank-funded Citizens’ Charter Afghanistan Project (CCAP), Irrigation Restoration and Development Project Additional Financing, and Central Asia and South Asia 1000 and Trans-Hindukush Road Connectivity Projects. The present RPF was carefully reviewed and consulted within the Ministry of Finance (MOF), which adopted it to align with existing RPFs in line ministries, several of which will be sponsoring ministries for future PPP investment, to have a consistent policy across major investment projects. All Resettlement Action Plans (RAPs) to be developed under the PPIAP and anticipated future investment projects will be subject to extensive consultations with the affected peoples. Common standards and approaches to land acquisition and resettlement across government increase efficiency and effectiveness in the administration of such programs. Officials can more easily grasp what is required; capacity can be enhanced and affected persons (PAPs) in all projects will have greater confidence that they are being treated fairly, thereby reducing the likelihood of grievances and legal and other challenges to resettlement which can delay the implementation of projects. Common standards in practice will also make it easier to develop a national law on resettlement as and when the government decides to move in that direction. 4 Executive Summary Public-Private Partnerships and Public Investment Advisory Project (PPIAP) Project Context Project background. Public-private partnerships (PPPs) provide a mechanism for the Government of the Islamic Republic of Afghanistan (GoIRA) to attract private investment and leverage private sector efficiencies and innovation, by transferring responsibility for technical and financial aspects of project implementation to the private sector. This allows the GoIRA to focus on overseeing and regulating project implementation. In the absence of a robust enabling environment, PPP experience to date in Afghanistan has been mixed. The PPIAP will, therefore, take account of lessons learned and the GoIRA’s limited PPP experience and capacity and adopt a flexible approach to private sector investment opportunities that may enable private sector development (PSD) and private sector-led growth. The proposed PPIAP has been rated Category A under the World Bank Operational Policy on Environmental Assessment (OP 4.01). The project will finance the design and initial funding of an Infrastructure Project Preparation Facility (IPPF), which will fund preparatory Technical Assistance (TA) activities, including pre-feasibility and feasibility studies for development projects. The project will not itself finance these development projects and as such there will be no resettlement under the PPIAP. However, some of the public and PPP projects may involve resettlement and land acquisition during implementation, which is beyond the scope of the project. Project Objective. The Project Development Objective is to develop a pipeline of feasible private and publicly funded projects. The project has three components. Component 1 will strengthen the institutional framework and technical capacity of relevant agencies. Component 2 will establish and provide initial funding for an IPPF to support project appraisal and preparation. Component 3 will cover project management. Project area. The PPIAP is national in coverage and will respond to priorities identified in the GoIRA’s National Infrastructure Plan (2017–2021). Resettlement Policy Framework (RPF) Purpose of the RPF. The main purpose of the RPF is to clarify resettlement principles, eligibility criteria, compensation entitlements, and organizational arrangements for land acquisition, asset loss, and resettlement of people that may be necessary during future PPIAP investments. Guiding principles of the RPF. (a) Avoid or minimise adverse impacts on persons and families likely to be affected by the project (PAPs), (b) all PAPs will be consulted throughout the operation, (c) all PAPs are eligible for compensation for losses resulting from project intervention irrespective of possession of title to land, and (d) all compensation for land or lost asses will be at replacement value. Contents of the RPF. The RPF provides guidelines for preparation of Resettlement Action Plans (RAPs). This will not only ensure consistency in resettlement planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Legal and Policy Framework for Land Acquisition, Resettlement, and Rehabilitation 5 Afghan Law and Policy. There is as yet no country-specific resettlement regulation in Afghanistan. A comprehensive land policy was approved in 2007 by the Cabinet; however, it has not been fully operationalized. A working group, formed to review and amend this policy, will shortly submit an amended Land Policy for review to the High Council for Land and Water. Ratified in early 2004, the Constitution of Afghanistan has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, the Law on Land Acquisition (2017) replaces the Law on Land Expropriation (LLE, 2009) in providing the legal basis for land acquisition and compensation. World Bank OP 4.12. This policy deals with the issues and concerns related to land/assets acquisition, their compensation for all categories of affected persons and affected assets, relocation, resettlement, loss of livelihood, access, and related issues. It requires, among other things, that appropriate and accessible Grievance Redress Mechanisms are established for those losing land/assets or being resettled. The PPIAP’s RPF Approach Eligibility for Compensation General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income, loss of access to assets and other assets because of involuntary land taking by the Project, as of the formally recognized cut-off date, will be considered as Project affected persons (PAPs).� For the purposes of this RPF, 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/assets or access to assets by the projects. (a) PAPs losing land, with or without title, formal land-use rights, or traditional land use rights (b) PAPs losing buildings, crops, plants, or other objects attached to the land (c) PAPs losing business, income, and salaries 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. Unit Compensation Rates and Budget To comply with the World Bank’s OP. 4.12, rates used to compensate for lost land and assets must be replacement cost at current market value, to meet the policy objective of ‘at least’ restoring people’s livelihoods and ensuring that people affected by a project are not left worse off. According to OP 4.12, ‘replacement cost’ is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In the absence of any conclusion about the estimated land prices, this RPF provides guidance on the methods of valuation of assets and the development of an RAP to be prepared for each project that may involve land acquisition before the beginning of the construction activity in the project. The budget would be part of each RAP which will be prepared after the RPF has been accepted and the final identification of PAPs. The GoIRA is responsible for all costs associated with RAP implementation. 6 Institutional arrangements. The primary institutions that are involved in the preparation of safeguards instruments addressing land acquisition and resettlement process in the PPIAP are • The MOF • Central Partnership Authority (CPA) within the MOF • Technical Assistance Team (TAT) within the CPA • Sponsoring ministries • National focal teams within sponsoring ministries • Implementing nongovernmental organization (NGO) • Focal teams within regional departments of sponsoring ministries • Local Government Units (LGUs) • Afghanistan Independent Land Authority (ARAZI) While the MOF will have overall responsibility for ensuring compliance with RPF procedures, the executing agencies will be the sponsoring ministries which will be responsible for the planning and implementation of resettlement and rehabilitation programs through designated safeguards staff in national and regional focal teams and in close liaison with private sector partners. At the regional level, sponsoring ministries will act in close coordination with relevant provincial and district governments. National focal teams will be responsible for ensuring that the sponsoring ministry’s private partner is kept informed and updated regularly on RAP development and implementation. The MOF, through the CPA and the TAT, will be responsible for submitting RAPs to the World Bank for approval and clearance. Public consultation and participation. The formal consultation process at project level will be ongoing and will be managed by the focal teams in the relevant sponsoring ministry through village/neighbourhood meetings as well as meetings with provincial and district government officials. The findings of pre- feasibility and full feasibility studies will be shared with communities for their comment and feedback. A series of meetings will be held with communities to explain/discuss the aims and objectives of a project, the census survey of displaced persons and how it will be carried out as well as the processes of any resettlement or temporary displacement. Separate consultations will be organized with women to make sure that they are made fully aware of the processes and their entitlements. Staff from the focal teams within the sponsoring ministry will meet with provincial and local officials to ensure that they are fully appraised about the project, including the formulation of and details on the implementation of the RAP. Project-specific information materials will be prepared and distributed to PAPs. Separate meetings will be held with each PAP regarding entitlements and compensation payment procedures as well as the Grievance Redress Mechanism (GRM). The RAP will be disclosed to the PAPs through village and neighborhood/gozar meetings and interaction between the PAPs and safeguards staff from the sponsoring ministries. 7 GRM. The Land Acquisition Committee (LAC) performs the tasks of a Grievance Redress Committee (GRC). However, if after this negotiated approach the issue remains unresolved, the affected person may elevate the matter to a GRC to try to resolve the issue. It should be pointed out, however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an advisory body or facilitator to try to resolve issues between the affected household and the sponsoring ministry/national focal team who would implement the valuation based on the decision of the LAC. The GRC will be composed of the following members: • Affected person or his/her duly appointed representative • Representative of the local administration (from the office of the governor) • Representative from regional focal team of the sponsoring ministry • Representative from the local legal department • Representative of the implementing NGO The GRC will register the unresolved matter and meet to try and resolve the issue. A recommendation should be made within 7–10 working days. If any of the members are absent during the decision-making process, an appropriate candidate will be nominated by the original representative. If no decision has been promulgated after 10 working days from the last meeting of the GRC, the affected person may take the issue to the next level. The affected person always has the final recourse to seek redress through the legal system. 8 I. Project Overview A. Project Context 1. Public-private partnerships (PPPs) provide a mechanism for the Government of the Islamic Republic of Afghanistan (GoIRA) to attract private investment and leverage private sector efficiencies and innovation, by transferring responsibility for technical and financial aspects of project implementation to the private sector. This allows the GoIRA to focus on overseeing and regulating project implementation. In the absence of a robust enabling environment, PPP experience to date in Afghanistan has been mixed. Afghanistan has some experience of private sector participation in infrastructure. There has been notable success in the telecommunications sector with contracts competitively tendered and overseen by the Afghanistan Telecom Regulatory Authority. Afghanistan has had less success with mining concessions, where inadequate procurement procedures and contract oversight has led to poor performance and a loss of potential GoIRA revenue. 2. The preparation of a PPP regulatory framework (PPP Policy, PPP Law, and PPP Regulations), and the establishment of a Central PPP Authority within the Ministry of Finance (MOF) are positive indications of the GoIRA’s intent to develop a robust and sustainable PPP program that can attract and manage private participation and investment. 3. For the purposes of the Public-Private Partnerships and Public Investment Advisory Project (PPIAP), given the lessons learned, Afghanistan’s limited PPP experience and capacity, and the challenging investment environment, it is deemed prudent to adopt a flexible approach to private sector investment opportunities that may enable private sector development and private sector-led growth. B. PPIAP Objective 4. The Project Development Objective is to develop a pipeline of feasible private and publicly funded projects. C. Project Components 5. The project has three components. Component 1 will strengthen the institutional framework and technical capacity of relevant agencies. Component 2 will establish and provide initial funding for an Infrastructure Project Preparation Facility (IPPF) to support project appraisal and preparation. Component 3 will cover project management. II. Why a Resettlement Policy Framework (RPF)? 6. The PPIAP will finance preparatory Technical Assistance (TA) activities including feasibility studies and Environmental and Social Impact Assessments (ESIAs) of potentially significant investments in areas such as agribusiness, logistics, and other opportunities with a strong value chain and growth. Whereas the TA support will not finance these investments, ESIAs will be conducted in parallel with feasibility studies for investment projects to be selected. Some of the ESIAs’ findings may identify the need for acquisition of land and/or loss of assets from people living, farming, or carrying out other work near these proposed investments. The location of the specific investment activities cannot be finalized at this stage, so it is not possible to develop any site-specific resettlement plan with full details of all affected people who may suffer adverse impacts from project-related land acquisition or asset loss. The purpose of the RPF, therefore, is to clarify resettlement principles and compensation, as well as organizational arrangements, to be applied should any of the projects whose preparation was financed by the PPIAP be implemented (outside the scope of the PPIAP). This will not only ensure consistency in resettlement 9 planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Lessons learned during implementation can easily be integrated in improving the various issues related to resettlement planning and its monitoring. The guiding principles of this framework are the following: • Avoid or minimise 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 resulting from project intervention irrespective of possession of 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. 7. This RPF spells out how these principles will be considered in the preparation of feasibility studies, including safeguards documents. The Project will also finance detailed design and tender documents for PPP projects. If during implementation, a request is received for the financing of detailed designs and tender documents regarding projects that may involve the use or potential pollution of international waterways, riparian notification will be undertaken either by the recipient or by the Bank on the recipient’s behalf, prior to such financing, as is required under OP 7.50. While the relevant laws of Afghanistan might not cover these matters in detail, there would appear to be nothing in the laws to stop these principles being implemented in practice. III. Legal and Policy Framework for Resettlement A. Afghanistan Law and Policy on Land Acquisition 8. There is no country-specific resettlement policy in Afghanistan nor is there a country-specific resettlement regulation. A comprehensive land policy was approved in 2007 by the Cabinet; however, it has not been fully operationalized. A working group, formed to review and amend this policy, will shortly submit an amended Land Policy for review to the High Council for Land and Water. Ratified in early 2004, the Constitution of Afghanistan has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific value, land of higher agricultural productivity, or large gardens, the Law on Land Acquisition (2017) replaces the Law on Land Expropriation (LLE, 2009) that provides the legal basis for land acquisition and compensation. The acquisition of a plot or portion of a plot for public purpose is decided by the Council of Ministers and is compensated at fair value based on current market rates (Section 2). 9. The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or hamper its use. If this difficulty arises, the whole property will be acquired (Section 4). 10. The right of the owner or land user will be terminated three months before the start of civil works on the project and after proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Section 6). 10 11. In cases of land acquisition, the following factors shall be considered for compensation: • Value of land • Value of houses and buildings on the land • Value of trees, orchards, and other assets on land (Section 8) 12. The value of land depends on the category and its geographic location (Section 13) (see also the proposed new clause 45 of the Land Management Law published in December 2012). 13. A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He/she has the option to get residential land or a house on government property in exchange, under proper procedures (Section 13). 14. If a landowner so wishes his/her affected plot can be swapped with unaffected government land and if this is valued less than the plot lost, the difference will be calculated and reimbursed to the affected plot owner (Section 15). 15. The values of orchards, vines, and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16). 16. A property is valued at the current rate at the locality concerned. The owner or his/her representative must be present at the time of measuring and valuing of property. 17. Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a ‘committee’ consisting of the following persons: (a) The landlord or person who uses the land or their representatives (b) Official representative of agency who needs to acquire the land (that is, the MOF) (c) Representative of local municipality (d) Representative of the MOF (e) Representative of the Ministry of Justice B. World Bank OP 4.12 18. The fundamental principles of policy which inform the World Bank’s position on resettlement and land acquisition and which will be followed under this RPF for the PPIAP are the following: • Involuntary resettlement should be avoided where feasible or minimized by exploring other viable alternatives. • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as a sustainable development program, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. • Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least restore to the extent of pre-displacement levels. 11 • Displaced persons may be classified and include those (a) With formal legal rights to land, including customary and traditional rights recognized under the law of the country; (b) 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 (c) Who have no recognizable legal right or claim to the land they are occupying. • Compensation for losses will be delivered at replacement costs and compensation payments must be received before taking possession of the required land or other assets. 19. The objectives of the World Bank’s policy can be clearly achieved by following the principles described therein. However, this RPF provides for a more detailed framework which not only justifies the World Bank policy’s objectives but also the inherent spirit of it which entails a sensitive, transparent , and inclusive process of acquisition, displacement, and resettlement. 20. To what extent does law and practice in Afghanistan conform to the model of land acquisition and resettlement provided for by OP. 4.12? The following table compares the two systems, suggesting ways of reconciling them. Notwithstanding the differences between the national laws and the World Bank’s Operational Policies, in all PAP cases, between the two, the World Bank’s Operational Policy will apply, unless the local requirement sets a higher standard or benefit for the affected person. 12 C. Comparison between the Law on Land Expropriation and OP 4.12 with Proposals for Reconciliation Afghan Laws OP 4.12 GAPs Possible Solutions to GAPs RPF Provides For… PROVISION FOR A STRUCTURED RESETTLEMENT ACTION PLAN No special provision in A detailed Resettlement Major gap of substance The Afghan Law is silent on A detailed RAP guided by the Afghan Laws for a resettlement plan Action Plan (RAP) to resettlement but there is RPF will be prepared. or any special arrangements for include involvement of nothing in the law to suggest resettlement and ensure PAPs their that a resettlement plan or rights to action to implement a (a) Compensation, resettlement plan would be (b) Relocation assistance, illegal. The solution could be and to provide for an RAP (c) Development administratively but backed assistance in new location. up by some regulations to ensure its implementation. Distinction drawn between short and full plans, depending on numbers to be resettled. PARTICIPATION OF PAPs IN THE PROCESS OF ACQUISITION No legal opportunities provided to Principle that involuntary The principle behind OP This can be incorporated in Potential PAPs must be able to potential PAPs and others to resettlement to be avoided 4.12 can be followed; the RPF; potential PAPs can discuss need for acquisition challenge or discuss proposed where possible implies however, the law is silent be consulted; their views may and alternatives with officials acquisition and resettlement or for discussion of necessity for on the matter. not be decisive. from the Project any public debate and approval on and alternatives to Implementation Unit and the proposals. In practice early acquisition and ministry. discussions do take place. resettlement. By Article 6 of the LLE, the right to Resettlement plan on how The LLE does not provide There is nothing in the LLE A participatory approach to own or use land is terminated three the project is to be for what OP 4.12 requires. to prevent a more acquisition and resettlement months before the actual start of the implemented and Some pre-planning of participative approach to planning and implementation project. So, information on land to be resettlement issues are projects will exist and acquisition as is called for in is provided. acquired is sent to PAPs three provided for therein. informal discussions with OP 4.12. The three-month months before acquisition. Informal Emphasis on participation PAPs involve rule could be interpreted to discussions and negotiations occur by PAPs in preparation participation. Three mean “not less than three both on land to be acquired and on for resettlement process months’ notice may be too months� which would allow compensation. and in project little where relocation is for discussions on acquisition implementation. Early likely but not rigidly and its consequences. intimation of possible adhered to. 13 Afghan Laws OP 4.12 GAPs Possible Solutions to GAPs RPF Provides For… resettlement to be given to potential PAPs. The Council of Ministers approves No specific procedures The spirit of OP 4.12 The spirit of OP 4.12 could Involvement of owners present expropriation of land. Unlike the required by OP 4.12 but conflicts with the LLE’s be met by more protective on the land to be acquired and former law, there is no provision for content of resettlement nonprovisional provisions and or practice on greater protection for absentee the owner/user and or agent to be plan implies PAPs will be involvement of the owner dealing with absentee owners should be provided by present throughout all stages of involved in all stages of apart from that provided acquisition. The silence of the a legal framework developed acquisition. It follows that acquisition acquisition. for in Article 5. Though it LLE on the details of as part of the RPF, which may proceed whether the owner is is confined to “the acquisition may be taken could also serve as a prototype present or not. However, under Municipality,� it can be quite legitimately as for regulations made under Article 5 of the LLE, a commission is assumed to be applicable providing a gap which can be Article 22(5) of the new law. to be formed “by the Municipality� to all authorities acquiring filled by appropriate on which the owner is represented to the assets or participatory arrangements. “determine damage incurred due to implementing the project. There is no reason why the land expropriation� which is There are some absentee provisions of Article 18 differentiated from compensation. owners; it may be should not equally apply to Damage is explained in Article 18 of unavoidable to allow all acquisitions of land. the LLE. Under Article 22, the owner absentee acquisition. is obliged to hand over all documentary evidence relating to land to the acquiring authority. ASCERTAINING TITLE AND OWNERSHIP OF ASSETS The bulk of the LLE deals with Fundamental principle of Major gap of substance in Accommodate OP 4.12 by Given large numbers of compensation but says nothing about OP 4.12 is that all those the law but given the changing practices where people not having and not who is entitled to compensation. The on the land are entitled to practice in rural areas, it necessary. going to get formal legal titles assumption is that “owners� are fair compensation and is not unbridgeable. Advantage may be taken of to their land in the foreseeable entitled to compensation but the law assistance with absence of legal definition of future, the LLE should be does not define “owners�. The old resettlement irrespective “owner� to accommodate interpreted so that those living law drew a clear distinction between of their title to land. those with customary titles, and or working on the land at those with legal title and those with which is likely to be the the census date receive fair customary title or no title with majority in project areas. compensation and respect to the payment of resettlement assistance. This compensation. Practice in rural areas is the one major area where was quite accommodating to those there is considerable with customary titles. divergence between the LLE and OP 4.12. It will be necessary to comply with OP 4.12. The 14 Afghan Laws OP 4.12 GAPs Possible Solutions to GAPs RPF Provides For… RPF provides for compensation to occupants also but defined with limitation on who is eligible and who is not. VALUATION AND ASSESSMENT OF COMPENSATION AMOUNTS Officials visit the area before any Land values assessed as No real gaps; just No gaps RPF provides for valuation official action to assess land values; at pre-project or pre- different approaches to and market rates at a cut-off values so assessed are the basis of displacement value, the same need to limit date; application of principles compensation. This is the practice as whichever is higher. claims and compensation. of equity with a common rate the LLE is completely silent on pre- applicable for all PAPs. acquisition procedures and processes. Efforts are made to determine those Census conducted of No real gap here. No issues with adopting OP RPF will require an entitled to compensation and persons in the area to 4.12 as the practice and to be identification of all eligible resettlement. determine eligibility for followed in this RPF PAPs to be undertaken at the assistance and to limit immediate pre-project stage, inflow of people subject to cut-off date. ineligible for assistance The Constitution provides for OP 4.12 requires prompt There does appear to be a The lack of any detail in the RPF has provisions describing payment of prior and just and effective cash gap between the LLE and LLE on how to assess the process of valuation and compensation. Article 2 of the LLE compensation sufficient OP 4.12. The LLE has a compensation and the assessment of compensation at provides for the payment of prior to replace the lost land lot of gaps in it. Sensible content of compensation amounts. and adequate compensation. If there and other assets at full not to insist on market (apart from Article 13) is a distinction between just and replacement cost in local value in the absence of allows for the creation of a adequate, then the constitutional markets. reliable functioning clear, comprehensive, and provision of just compensation Compensation for lost markets. fair code on compensation prevails. livelihoods required. Biggest gap is applicable to all acquisitions, Article 8 provides that compensation Disturbance compensation for including resettlement and shall be “the price� of land or houses compensation required. squatters and even their retraining costs which can be or trees and so on and Article 10 Land for land best practice does provide a part of the RPF without provides that the Council of compensation some compensation to being contrary to the existing Ministers shall determine the price. encouraged. those with no legal title. law(s). But Article 15 provides that the Resettlement costs and municipality and the administration ‘start up’ expenses for agriculture determine the required. compensation for trees and so on. Article 13 sets out detailed provisions for obtaining residential 15 Afghan Laws OP 4.12 GAPs Possible Solutions to GAPs RPF Provides For… plots where a person has had land acquired; the more land acquired, the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land. Unlike the former law which provided that compensation may be paid into a bank, the LLE is silent on the mechanics of paying compensation. No assistance for PAPs to access bank for their compensation. GRIEVANCE REDRESS MECHANISM LLE provides for administrative OP 4.12 requires that the A major gap on grievance Develop grievance handling GRM to provide for agencies to manage acquisition RAP include “affordable mechanisms and current practices but keep them cooperation with shuras and processes and deal with and accessible procedures administrative administrative rather than community councils. compensation. PAPs are part of for third-party settlement arrangements in the LLE legal. some committees dealing with of disputes arising from is difficult to reconcile Make legal provision for compensation. resettlement; such with the participative appeals from administrative No provision for courts to be grievance mechanisms approach of OP 4.12. decisions and decisions on involved or for appeals. In practice, should take into account Earlier laws involved compensation to an committees may act to solve the availability of judicial payment of compensation independent body. grievances. recourse and community in the presence of a judge No provisions, for example, legal aid and traditional dispute and allowed an appeal, to assist PAPs to make claims. settlement mechanisms� albeit from the judge to a (Annex A, paragraph 17). minister. It requires appropriate and accessible grievance mechanisms to be established for those being resettled. Logic of OP 4.12’s references to ‘meaningful consultation’ with PAPs and making use of community-based organizations (CBOs) and nongovernmental 16 Afghan Laws OP 4.12 GAPs Possible Solutions to GAPs RPF Provides For… organizations (NGOs) suggests preference for decision-making process which is not just part of the administration. MONITORING AND EVALUATION The LLE does not provide for any OP 4.12 states that the Major gap on procedures Provide monitoring for External monitoring agency external monitoring body or process borrower is responsible but arguably, monitoring World Bank projects as (EMA) and monitoring by for adequate monitoring is not part of land required by OP 4.12. Project Management Unit is and evaluation (M&E) of acquisition, so no legal Establish specialist provided for. the activities set forth in impediment to providing monitoring agency for all the resettlement for the same. projects involving instrument. acquisition and resettlement. Empower provincial and local institutions to monitor projects. 17 IV. Key Elements of a Resettlement Policy Framework 21. The framework for resettlement and rehabilitation of the PAPs will be adopted using the following approach. First Step: Avoid acquisition wherever possible 22. The first step addressed by OP 4.12 is avoidance of land acquisition and resettlement, wherever possible. Land acquisition and resettlement should not be the easy first option; rather it should be a last resort. 23. To meet this requirement a comprehensive ESIA and financial analysis of each proposed investment needs to be carried out, which will include assessment of alternatives to avoid acquisition and the financial implications to it. 24. A participatory consultative process should be put in place to allow people likely to be affected by the project (PAPs) and other interested parties, to have an opportunity to contribute to, or comment on, the location of the proposed project and the necessity of acquiring the proposed land for the project. This involvement is separate and distinct from PAPs participating in the planning of any resettlement that must take place. 25. A cut-off date will be determined and announced at the start of the household census, after which no one coming into and obtaining land or a house in the potential project area will be entitled to any compensation. 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 management. Second Step: Prepare a detailed RAP through consultation and information disclosure 26. The next step is to develop a detailed RAP guided by the principles established in this framework document. This should include measures to ensure that PAPs (a) Are informed about their options and rights pertaining to resettlement and compensation; (b) Are advised about the offered choices and provided with technically and economically feasible resettlement alternatives; and (c) Provided prompt and effective compensation at full replacement cost for loss of assets attributable directly to project-related land acquisition. 27. In case of physical relocation or displacement of the affected persons, the resettlement plan must include measures to ensure that the displaced persons are (a) Provided adequate and timely assistance (such as moving allowances) during relocation; and (b) Provided with residential housing, or housing sites, or, as required, sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages they had at the previous site. 28. In addition, where necessary, the RAP should also make provision to provide to the affected persons (a) Sufficient financial assistance for a reasonably estimated transition period to enable them to restore their livelihood and standards of living; 18 (b) Appropriate development assistance in addition to the compensation measures such as land preparation, training, or job opportunities; and (c) Capacity building and training opportunities so that they can take up a new form of livelihood by being trained to a higher skill standard. 29. These provisions require a very judicious estimation of financial and other assistance and need to be dealt with very carefully. The RAP should also establish clear and transparent processes to provide for just, fair, and equitable distribution of assistance to minimize discretionary and biased approach in the decision-making processes. 30. The RAP document and the arrangements to implement it effectively should have structured and clear information on the following aspects: (a) The land to be acquired. (b) List of PAPs including all detailed socioeconomic information of the household. (c) Entitlement matrix and eligibility criteria. (d) Details of persons who will be required to move. (e) Detailed information about the place to which displaced people will be moved to. (f) The circumstances of the place to which persons are to be moved to, including whether the land is occupied and by whom and what the land is presently being used for and the condition of the land and its facilities. (g) All necessary arrangements made by the project implementing agency to facilitate resettlement and disbursement of moving allowances and so on. (h) The manner and form in which compensation amounts are to be paid with clear definitions of categories of land to be acquired and mechanisms to decide on land prices. (i) The heads of compensation payable. (j) An estimate of compensation payable and resettlement expenses. (k) Budget to implement RAP. (l) The procedures to be followed in executing the plan. (m) 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 project areas will be through (i) one-on-one meetings with directly affected households, (ii) village and community meetings, and (iii) public consultations with government officials. Informative materials will have to be prepared and distributed within the project areas before the meetings. (n) The arrangements for PAPs to be involved in execution of the plan. (o) The arrangements to challenge plan execution and compensation (establishment of a GRM for PAPs and other stakeholders). (p) Appropriate institutional arrangements to implement the RAP. 19 (q) The arrangement for a monitoring mechanism. Land Donation 31. 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 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 had their land acquired compulsorily. 32. Wherever land is donated, there will be documented evidence that • The person donating the land was not subject to pressure to donate and that he/she could have opted not to donate; • The donor has clear title over the land and such land is not being used by a third party who could be affected; • The livelihood impact of land donation does not exceed 10 percent and is below100 m2; • The use of donated land does not disrupt productivity of the remaining land; • The potential donor or donors have been appropriately informed and consulted about the project and the choices available to them; • Potential donors are aware that refusal is an option and have confirmed in writing their willingness to proceed with the donation; • For community or collective land, donation can only occur with the consent of individuals using or occupying the land; and • The borrower will maintain a transparent record of all consultations and agreements reached. 33. 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. Eligibility Criteria/Occupiers 34. These embrace those persons who • Have formal legal rights to land (including customary and traditional rights recognized under Afghan law); • Do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under Afghan law or become recognized through a process identified in the resettlement plan; and • Have no recognizable legal right or customary claim to the land they are occupying. 35. 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 20 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 OP 4.12 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. 36. 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. Third Step: Implement the RAP 37. The third and final step is the execution of the RAP, that is, the acquisition of the land and the resettlement of those persons displaced by the acquisition. This is the central part of the process of acquisition and resettlement and is divided into two subsets. (a) Acquiring the land. This requires informing all the qualified owners and occupiers of the land of the intention to acquire the land and pay compensation for any land so acquired. This process will involve intensive personal contact with owners and occupiers of land and oral explanations of what is happening and what owners and occupiers should do 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. (b) Taking possession. Ensure a peaceful and sensitized approach toward taking over of the land—taking possession of the land by the acquiring authority—and the departure and resettlement of PAPs. 38. Assistance with resettlement and displacement will include • Assistance with packing up and moving, including moving back on to the land after temporary displacement; • Working with and providing additional resources for the ‘host’ community; • Advice and assistance to those being resettled; and • Preparation of land and provision of accommodation and facilities. V. Eligibility for Compensation A. General Eligibility 39. General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income, loss of access to assets and other assets because of involuntary land taking by the Project as of the formally recognized cut-off date will be considered as Project affected persons (PAPs).� For the purposes of this RPF, 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/assets or access to assets by the projects. 40. It is as well to set out the full picture on who PAPs are and what they are entitled to under a project: (a) PAPs losing land with or without title, formal land-use rights, or traditional land use rights (b) PAPs losing buildings, crops, plants, access to assets, or other objects attached to the (c) PAPs losing business, income, and salaries. 21 41. Compensation eligibility will be limited by the cut-off date. The MOF and sponsoring ministries will inform local communities regarding this cut-off date through their regional offices and through the relevant local government agencies. Those that settle after the cut-off date are not eligible for compensation or assistance under the project. B. Land Tenure and Compensation Entitlements 42. The PAPs in the case of the PPIAP are those who will be affected by future investment projects to be prepared by this project. (See annex 1 for a summary of the different types of formal and informal land ownership/possession in Afghanistan.) 43. The following categories of PAPs will be entitled to compensation for loss of land: (a) Legal title owners. Owners having written evidences of land ownership under the formal system of property rights, including 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. (b) Titles with customary documents. Owners having documents recognized by both official and customary law as giving rise to ownership rights. (c) 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. (d) Other occupants of land. Limited to only those persons who have had open, continuous, and uninterrupted possession of land over a very long time, which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. C. Entitlements to Compensation and Livelihood Restoration 44. The PAPs in the project are entitled to various types of compensation and resettlement assistance that will help in the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All PAPs are equally eligible for cash compensation and rehabilitation assistance (albeit with differences in entitlements), irrespective of their land ownership status, to ensure that those affected by the project shall be at least as well-off, if not better-off, than they would have been without the project. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, and so on) as detailed here: (a) Loss of agricultural land. Compensation at replacement value of land in cash based on current market rates. The MOF will shoulder all transaction costs such as fees, taxes, and other charges, as applicable under relevant laws. It is important to note that preference should be given to land-based resettlement strategy. (b) Severe agricultural land impacts. In case of an affected person losing more than 10 percent 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 which is equal to the market value of a year’s net income crop yield of the land lost. Also, these PAPs will be having access to the capacity building and training program on a priority basis for development of an alternative sustainable livelihood. 22 (c) Loss of residential/commercial land. 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. (d) Loss and damages to houses, buildings, structures, and settlement utilities. These impacts will be compensated in cash at replacement cost and 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 geared to the rent they are paying for three months to cover emergency rent costs. (e) Income from crops losses. These losses will be compensated at current market rates for the affected people. In case of share cropping, crop compensation will be paid to landowners and tenants based on their specific sharecropping arrangements for the full harvest of one agricultural season. Affected agricultural land leaseholders will receive cash compensation corresponding to one year’s crop yield of land lost. Agricultural workers, with contracts which are interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both, as applicable, for the remaining part of the harvest — duration to be determined in RAP. (f) Tree losses. These impacts will be compensated in cash based on the principle of income replacement. Fruit trees will be valued based on the age of the tree in two categories: (a) not yet productive and (b) productive. Productive trees will be valued at gross market value of one-year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years’ investment they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates. (g) Business losses. Compensation for business losses, including fishing, will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance computed as AFN 7,500 per month. 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 AFN 7,500. Business loss is computed at AFN 250 per day as average net income of typical road businesses such as small stores, repair and vulcanizing shops, and small food establishments. The details should be part of the RAP. In the absence of any substantial and verifiable system to calculate incomes of such small businesses in the rural areas of Afghanistan, the compensation for business losses cannot be ascertained. However, these businesses will be entitled to compensation for any loss of asset 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 other PAPs. (h) Community structures and public utilities. These will be fully replaced or rehabilitated to satisfy their pre-project functions. (i) Vulnerable households. Vulnerable people, especially women household heads, and households headed by persons with disabilities will be given assistance in the form of a one-time allowance equivalent to AFN 7,500 for vulnerable PAPs and priority in employment in project-related activities. 23 (j) Impacts on irrigation canals. Projects will ensure that any irrigation channels are diverted and rehabilitated to previous standards. (k) 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. (l) Transitional livelihood allowances. PAPs forced to relocate will receive a livelihood allowance of AFN 7,500 for the duration of the livelihood interruption. Transitional livelihood allowance is computed based on the prevailing wage rate of AFN 250 per day times duration of interruption of their livelihood activities. This is also the basis for cash compensation on lost wages. (m) Land replacement values. This will be assessed based on a survey of land sales in project areas over the last 3 years plus transaction cost. Land values and compensation for other assets will be negotiated between PAPs and competent authorities if concrete data on land market rates are unavailable. VI. Unit Compensation Rates and Budget A. Establishing Rates for Land Acquisition and Resettlement 45. The LLE refers to prompt and adequate compensation but is silent on the details of compensation. In the absence of detailed rules, it will not conflict with the LLE for details to be developed in the context of this RPF and applied to the project. Also, to comply with the World Bank’s OP. 4.12, rates used to compensate for lost land and assets must be replacement cost at current market value, to meet the policy objective of “at least� restoring people’s livelihoods and ensuring that people affected by a project are not left worse-off. According to OP 4.12, “replacement cost� is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. 46. In applying this method of valuation, depreciation of structures and assets should not be considered. 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. 47. In the absence of a survey of any likely investment project-affected community or any consultations carried out with potential stakeholders under the proposed PPIAP, the figures which follow are drawn from a Resettlement Planning Document prepared in October 2009 for the North-South Corridor Project Mazar-i-Sharif-Pul-e-Baraq Road Section by the Ministry of Public Works in respect of a contract to be funded by the Asian Development Bank (ADB). These figures would not necessarily be the same for the PPIAP but the principles are the same and the methods of calculation of the compensation rates are, it is suggested, sound and may be followed in this RPF. 48. A further point must be made about the rates. In the PPIAP-related investments, there would have been, as part of the process of putting a project document together, at the very least a preliminary survey of the land to be affected by the project and the numbers of PAPs likely to be affected and the way in which they would be affected; for example, loss of land, loss or diminution of assets, loss of livelihood, and so on. Discussions would have taken place with such persons, so a reasonable estimate could be made of what they would be likely to claim as compensation. So, alongside an explanation of the rates that are to be applied to the determination of compensation, a budget would be developed showing the amount of money that would be needed at the proposed rates to satisfy the requirements of compensation for the PAPs in the project area. 49. An RPF is prepared “when it is not possible to identify precise siting alignments or specific impacts/affected population during Project preparation (financial intermediary operations, and Projects 24 with multiple projects)� and “a Resettlement Action Plan is [then] prepared for each project that may involve land acquisition, before the project is accepted for Bank financing.� So, an RPF cannot be accompanied by a budget showing the probable total project costs of the rates of compensation which the RPF is suggesting should be applied. The budget would be a part of each RAP which would come forward once the RPF had been accepted and the project had started. However, the budgeting agency (MOF) needs to ensure that funds are available for any resettlement costs, including not only compensation to the PAPs but also cost of consultations throughout the process, sustaining a GRM, M&E, and independent consultants as required (for example, for final review of RAP implementation). 50. The rates for land, structures, crops, and trees that have been used in the cost estimates prepared in the Ministry of Public Works (MPW) plan were derived through rapid appraisal and consultation with affected parties through the census and inventory of loss survey and relevant local authorities. The affected households were asked about their personal valuation of the affected lands and other assets. This would be an essential preliminary aspect of a RAP. B. Valuation of Land 51. The location of the land influences the actual price per square meter: the nearer the land to a built-up area (for example, 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 proximity to a built-up area. In the valuation of agricultural land, the availability of water is very important to determine the fair value or market rates. Residential and commercial lands are largely dictated by the existing road alignment for accessibility rather than 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 center, the higher the price of the land. C. Valuation of Structures 52. The classification of structures (temporary, semipermanent, and permanent) refers to the materials used in construction. The valuation of structures into class 1 (mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor), and 3 (reinforced cement concrete [RCC], single/double storey building) will be determined after various consultations with some owners who recently built their houses, local contractors, and some engineers in the government. D. Valuation of Crops and Trees 53. The estimation of valuation of crops was quite problematic because of lack of reliable data in terms of yield. The results of the socioeconomic survey were not considered reliable because many respondents could not provide the exact size of their landholdings and quantity produced. Hence, in computing crop losses, a combination of four major crops was used to get the average yield and price. The unit price for crop losses for a square meter of land devoted to the four main crops will be estimated per m2 but will be fine-tuned in the preparation of an RAP document. 54. The compensation for productive trees is normally based on the gross market value of 1-year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees are to be valued based on the multiple years’ investment they have required. However, during interviews on trees, the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post-harvest facilities. Farmers are forced to sell tree crops when everyone one else is doing so during off-season months, and 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. In the fourth year, the tree starts to produce fruits. Hence, it is on this basis that the valuation of non-fruit-bearing trees can be determined. The compensation for non-productive fruit-bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. 25 E. Valuation for Livelihood Restoration Support 55. 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 livelihoods are affected will be supported for building their capacities for livelihood restoration measures (including allowances and interventions for severely affected, poor, and vulnerable PAPs). 56. Income restoration allowance for crop 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. 57. Income restoration allowance for business losses. Compensation for permanent business losses will be in cash for the period deemed necessary to reestablish the business (6 months). Permanent business will receive AFN 7,500 each month for 6 months. Compensation for temporary business losses will be cash covering the income of the interruption period based on a monthly allowance of AFN 6,000. The duration is to be determined in the RAP. 58. Income restoration allowance for business workers and employees. This covers indemnity for lost wages for the period of business interruption. The duration is to be determined in the RAP. 59. Income restoration allowance for severe agricultural land impacts. When more than 10 percent of the agricultural land is affected, the affected person (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. Also, these PAPs will have access to the capacity-building and training program on a priority basis for development of an alternative sustainable livelihood. 60. Vulnerable group allowance. Vulnerable people (PAPs below the poverty line, women household heads, households headed by persons with disabilities, and so on) will be given assistance in the form of a one-time allowance equivalent to AFN 7,500 and priority in employment in project-related jobs. 61. Transitional livelihood allowance. PAPs losing agricultural land or losing employment or business will receive a livelihood allowance of AFN 7,500 per month until livelihood restoration is completed. 62. Rental allowance. House renters, including house owners forced to relocate, will receive a rental allowance equivalent to the prevailing market rate for the duration of three-month rental. 63. Project-related employment (for unskilled and semiskilled 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. 26 F. Matrix of Compensation Entitlements and Rates ELIGIBILITY CRITERIA FOR PAPs Who is eligible What are they eligible for How to determine eligibility and compensation levels Comments Landowners Loss of agriculture land and rights to 1. Official documentation issued by or on behalf government As the matrix on the comparison of the land 2. Customary documents, that is, documents recognized by LLE and OP 4.12 shows, there is both official and customary law as giving rise to ownership nothing in the LLE which prevents the rights approach of OP 4.12 being adopted 3. Oral and other evidence with probative value that the here. claimant and his/her family have been in occupation of the land for at least 35 years 4. Open, continuous, and interrupted possession of land over a very long time, which effectively vests in them legal rights over the lands they occupy through acquisitive prescription Squatters and Permanent improvements they have Observance of permanent improvements; questioning the Same as above encroachers made to the land they have occupied squatter and neighbors on when improvement was made; consulting PAPs and other relevant documents Agricultural Loss of income Cash compensation corresponding to one year’s crop yield of Same as above tenants land lost Sharecroppers Loss of income Their share of the harvest at market rates plus one additional Same as above crop compensation House Costs of relocation to other Relocation allowance equivalent to AFN 7,500 per month Not specifically provided for in the LLE owners/renters accommodation until suitable accommodation established. but nothing to stop it being paid Renters/leaseholders will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. Loss of livelihoods Replacement costs for all losses 1. Losses will be compensated at replacement value in cash This is already an approach which has by agriculturalists based on current market rates plus an additional indemnity been accepted in Afghanistan up to 6 months based on a monthly allowance of AFN 7,500 as transitional livelihood allowance. 2. When >10% of agricultural land is affected, PAPs will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land. Residential/comme Replacement costs for all losses Replacement value in cash at current market rates free of Same as above rcial land impacts deductions for transaction costs 27 ELIGIBILITY CRITERIA FOR PAPs Who is eligible What are they eligible for How to determine eligibility and compensation levels Comments Those who lose or Replacement costs These impacts will be compensated in cash at Same as above have buildings replacement cost, free of depreciation, salvaged materials, damaged and transaction costs deductions. Renters/leaseholders will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. Those who lose Replacement of lost income These impacts will be compensated through cash Same as above income from crop compensation at current market rates for the full harvest of 1 losses agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. Those who have Replacement of lost income Income replacement based on types of trees lost. Same as above lost income from loss of trees Those who have Replacement of lost income Compensation for business losses will be based on actual Same as above suffered business income to be established by pertinent receipts or other losses documents if demonstrable, otherwise based on business loss allowance. Duration to be determined in RAP. Those who have Replacement of lost wages for a limited Compensation based on actual income loss for time duration Same as above suffered loss of period until income source reestablished. wages Vulnerable Additional compensation over and above Vulnerable people (PAPs below the poverty line, women Same as above households strict loss of income household heads, households headed by persons with disabilities, and so on) will be given assistance in the form of a one-time allowance equivalent to AFN 7,500 and priority in employment in project-related jobs. Transitional living Disturbance compensation PAPs forced to relocate will receive a livelihood allowance Same as above allowance for of AFN 7,500 per month until livelihood restoration is PAPs forced to completed. Transitional livelihood allowance is computed relocate based on the prevailing wage rate of 250 Afghanis per day times during transition time. ESTABLISHING VALUATION RATES ACQUISITION What is being valued How is valuation conducted Matters common to all specific Rapid appraisal; consultation with PAPs; information derived from census and from types of valuation local authorities 28 ESTABLISHING VALUATION RATES ACQUISITION Land Valuation of the land is pegged on, an average, the actual value depending on the proximity to a built-up area. Land prices are based on the district land prices in the district government Structures Structures may be classified (temporary, semipermanent, and permanent) based on the materials used in construction. They may be classified into class 1 (mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor), and 3 (RCC, single/double storey building). Crops In computing crop losses, a combination of four main crops was used to get the average yield and price. Trees Compensation for productive trees is based on the gross market value of one-year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees are valued based on the multiple years ’ investment they have required. Compensation for non-productive fruit-bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. Restoration of income Cash compensation at current market rates for the full harvest of 1 agricultural season. 1. Crop losses In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. 2. Business losses Compensation for permanent business losses will be in cash for the period deemed necessary to reestablish the business (compensation for temporary business losses will be in cash). 3. Income restoration for Indemnity for lost wages for the period of business interruption up to a maximum of 3 workers and employees months Income restoration allowance for When >10% of the agricultural land is affected, PAPs will get an additional allowance severe agricultural land impacts for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Vulnerable group allowance Vulnerable people (PAPs below the poverty line, women household heads, households headed by persons with disabilities, and so on) will be given assistance. Transitional livelihood PAPs losing land or losing a house and forced to relocate will receive a livelihood allowance allowance. Rental allowance House renters forced to relocate will receive a rental allowance and will be assisted in identifying alternative accommodation 29 VII. Institutional Arrangements A. General 64. The resettlement and rehabilitation program described in this RPF involves distinct processes, dynamics, and different agencies. This section deals with the roles and responsibilities of different institutions for the successful implementation of the project. The primary institutions that are involved in the land acquisition and resettlement process are the following: (a) The MOF (b) Central Partnerships Authority (CPA) within the MOF (c) Technical Assistance Team (TAT) within the CPA (d) Sponsoring ministries (e) National focal teams within sponsoring ministries (f) Implementing NGO (g) Focal teams within regional departments of sponsoring ministries (h) Local Government Units (LGUs) (i) Afghanistan Independent Land Authority (ARAZI) 65. The agencies involved in the planning and implementation of a resettlement and rehabilitation program are the MOF as the overall authority together with the relevant sponsoring ministry as the executing agency (EA) and the provincial and district governments together with the appointed NGO referred to above. The MOF will be acting in the project through the CPA. At project or investment level, the sponsoring ministry will act primarily through the designated safeguards staff within the regional focal teams and/or with an NGO recruited as a consultant to implement an RAP. They will be supported by the safeguards staff within the sponsoring ministry and within the TAT who will coordinate all activities related to resettlement implementation. The designated safeguards staff in the national focal team will be responsible for ensuring that the ministry’s private partner is kept fully informed and updated at all stages of RAP implementation. All activities will be coordinated with the relevant local government agencies and community shuras/community development councils (CDCs). B. Overall Organization - Ministry of Finance 66. The MOF will have overall oversight of resettlement activities and will be responsible for ensuring that the guidelines and procedures set out in this RPF are adhered to by each sponsoring ministry. The relevant sponsoring ministry of proposed investments will be the EA. 67. The minister and deputy minister of the sponsoring ministry will be responsible for the overall policy-level decision, planning, implementation, and coordination of investment activities. The EA will have proper coordination with other departments of the GoIRA to resolve the following issues: 30 • Land records and ownership. To resolve issues related to land records and ownership, a land management committee will be formed at the central level and will include members from the sponsoring ministry, MOF, Ministry of Justice, and ARAZI. • Assets valuation. Values of land and other assets for compensation is determined by the Council of Ministers under the LLE, based on the principles set out in this RPF. The decisions are based on the recommendation of a committee consisting of the following: (a) The landlord or person who uses the land or their representatives (b) An official representative of the agency that needs to acquire the land (for example, Ministry of Public Works) (c) A representative of the local CDC (d) A representative of the MOF (e) A representative of the Ministry of Justice C. Project Implementation 68. The designated safeguards staff within the national and regional focal teams of the sponsoring ministries will be involved in the implementation of the RAP. The national focal teams will be primarily responsible for overseeing effective compliance with social safeguard requirements. National focal teams will be responsible for ensuring that the sponsoring ministry’s private partner is kept informed and updated regularly on RAP development and implementation. 69. The regional focal team, through the regional offices of the sponsoring ministry, will be responsible for the daily field-level activities, getting all the necessary clearances required to initiate and implement all resettlement works. The regional focal team will also be responsible for ensuring that all stages of the processes of resettlement, determining and paying of compensation, and acquiring of land are fully documented and that hard and soft copies of the records are at all times kept in a safe and secure environment. 70. Regional focal teams, in close liaison with their colleagues at the national level, will be responsible for coordinating activities in the field, including the organization of surveys and consultation meetings and the fixing of specific compensation rates based on the principles set out in the RPF. As necessary, the regional focal team will coordinate with other relevant government bodies including ARAZI and local Governorates as well as NGOs and women’s and men’s CDCs. C.3 Implementing NGO 71. The specific tasks of the implementing NGO will be as follows: (a) Work under close coordination with safeguards staff in the regional focal team, other staff within the sponsoring ministry, and relevant LGUs to implement the RAP. (b) Assist the designated safeguards staff in both the regional and national focal teams to disseminate information about the RAP and other related issues. 31 (c) Generate awareness about livelihood restoration activities and assist the PAPs to make informed choices, including participating in government development program. (d) Identify training needs of PAPs for income generation activities and provide/conduct such trainings. (e) Provide counselling and awareness generation to resolve RAP-related grievances and assist in seeking redress to unresolved grievances from land acquisition and resettlement disputes with the Grievance Committee. (f) Assist the PAPs in claims for just compensation, including the collection of timely and complete payments. (g) Submit periodic implementation reports on RAP. (h) Conduct and/or undertake any other activities that may be required in the successful implementation of the RAP. 72. The implementing NGO must be a nonprofit organization, be legally registered as an NGO in Afghanistan, have operated for at least 3 years, have a minimum of five paid staff, be committed to the principles of gender equality in terms of its own staffing, have a management or advisory board, maintain a proper accounting and financial system, have a long-term presence and credibility in districts relevant to the project area, have work with government focal agencies, and must be willing to undergo training in resettlement work for project implementation. C.4 Local Government 73. The cooperation and coordination of LGUs are vital in RAP implementation. These are the provincial government, district provincial government, and CDCs at village and neighborhood levels. Issues related to land records and ownership and assets valuation originate from this level and will only be taken to the Council of Ministers if these issues are not resolved locally. The provincial government, in cases of disputes on valuation of land, will constitute a land valuation committee to determine the disputes on rates. 74. In cases of disputes regarding land ownership, land records go through three offices at district level: (a) district administrator, (b) revenue collector (Mustowfiet), and (c) the District Court. These offices have the jurisdiction on any matters related to land acquisition and verification of land entitlements. Staff of the Revenue Department (Mustowfiet), with the local municipality, will carry out the tasks of identifying the titles and verification of ownership. The Office of Wloswal (the appointed district head) is expected to play a coordinating role. C.5 Gender 75. It is essential to draw special attention to gender issues within the context of project implementation. Using established community structures to involve women meaningfully in the proposed investment projects will be a challenge and will need to be approached with sensitivity to cultural norms 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 proposed projects and especially in implementing RAPs. 76. In the project, special attention will be paid to female-headed households, both those with and without land, as they are generally among 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 32 rights receive equal recognition in the project and in any resettlement activities. Thus, the designated safeguards staff within the regional focal teams will have special responsibility to • Ensure that the PPIAP actively promotes outreach to women’s CDCs; • Examine incentives to attract women to work in RAP implementation and in other capacities at regional level; and • Ensure implementing NGOs have female project officers. VIII. Public Consultation and Participation A. Public Consultation 77. This section describes the mechanisms for public consultation process with the PAPs and disclosure of the RPF and corresponding RPAPs through distribution of informative material to create awareness among the PAPs regarding their entitlements and compensation payment procedures and GRM. 78. In addition to informal day-to-day meetings among PAPs, staff from regional focal teams, and other stakeholders, the formal consultation process in the project will be ongoing and will be managed by the regional focal teams through village and neighborhood meetings as well as public consultations with government officials. The findings of pre-feasibility and full feasibility studies will be shared with communities for their comment and feedback. All these mechanisms and approaches will also be used during the collection of baseline socioeconomic data from the PAPs and the preparation of RAP and disclosure of RAP to the PAPs, as explained below. B. Village and Neighborhood Meetings 79. A series of community-level meetings will be held, where the census and socioeconomic surveys will be explained and later carried out. The aims and objectives of a proposed PPP investment will be explained as will the necessity for, processes, and outcomes of any resettlement or temporary displacement. The village elders and stakeholders’ meetings will be scheduled at a time which allows the participation of the maximum number of stakeholders based on the availability of the participants. Separate meetings will be held with women to ensure that they understand the project content and processes. The regional focal team will be responsible for conducting village consultations. 80. In the socioeconomic 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. The MOF/CPA will ensure that the relevant sponsoring ministry prepares an RAP for each defined section of a proposed investment that will ensure that all affected assets are justly 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 regarding entitlements and compensation payment procedures as well as the GRM. C. Consultations with Government Officials and Other Stakeholders 81. Staff from the regional and national focal teams will meet provincial and local officials to ensure that they are fully appraised about the proposed investment activities, including the formulation and details on the implementation of the RAP. The national focal team, supported as necessary by the CPA, will coordinate with land valuation committees. There will be coordination with the district governors, which have jurisdiction over the areas where investment activities will be implemented as well as community 33 leaders. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders. D. Preparation of Project-specific Informative Material 82. Project-specific informative materials will be prepared and distributed to the PAPs to create awareness among the PAPs regarding their entitlements and compensation payment procedures and grievances redress mechanism. They will cover the following: • After this RPF has been cleared by the World Bank, it will be translated into local languages and disclosed to the stakeholders, especially persons affected by the proposed project, through social safeguards staff and consultants and at village meetings. RAPs for proposed investment projects will be made available to the concerned district governments and village leaders, directly affected households, and regional offices of the sponsoring agency. This RPF will also be disclosed on the websites of the MOF and all sponsoring agencies. • A summary of this RPF will be prepared specifically for this purpose and will be translated into local languages and presented to all PAPs in the form of a pamphlet/ brochure, to enable the PAPs and local communities to read it by themselves and be aware of the benefits/compensations to be made available for various types of PAPs. Social safeguards staff and other members of the focal teams will distribute the brochures through community meetings and will explain the mechanisms and procedures of the consultation program and how PAPs will be engaged in resettlement activities and the overall process. • A check disbursement schedule—or preferably transfer of compensation to the PAP’s bank accounts, explaining the date, time, and venue for disbursement of compensation checks of each affected person—will be prepared in local languages and distributed to all PAPs. This will also be disclosed in the village and neighborhood meetings. • A package containing the following information will be prepared for each affected person. o Inventory of affected person’s losses o Schedule for compensation check disbursement explaining the date, time, and venue for receiving check, vacating land, and demolition of structures o Pamphlet/brochure in local languages o GRM details o Any other relevant information for the affected person E. Disclosure 83. Consultations on the first draft RPF and Environmental and Social Management Framework (ESMF) took place on January 25, 2017, which were attended by the line ministries, private sector companies, academia, and NGOs. The MOF conducted a second round of consultations with all these stakeholders, which were held on December 17, 2017. The updated ESMF and RPF were shared with stakeholders to seek their feedback and comments. The summary of the consultations and participants’ lists are provided in the ESMF. 34 84. The updated RPF and ESMF were cleared by the World Bankon April 24, 2018, and redisclosed in country on the MOF website and on the World Bank’s external website on May 14, 2018. 85. Since the PPIAP has been upgraded from environmental assessment Category B to A, the MOF had made consequential edits to the RPF and ESMF. The revised versions were circulated/shared on April 3, 2018, with all participants from both consultation meetings (January 25, 2017, and December 17, 2017) for their feedback and comments. No additional comments or feedback have been provided related to the new changes. It means that the new changes to the revised versions are acceptable. 86. The revised RPF and ESMF for this Category A were shared with the World Bank’s Regional Safeguards Adviser for review and clearance on March 22, 2018, who requested some additional changes, which have already been made. The revised RPF and ESMF were cleared by the World Bank’s RSA on April 24, 2018, and redisclosed in-country on the MOF website and the World Bank’s external website on May 14, 2018. IX. Preparatory Actions and RAP Implementation Schedule A. Preparation Actions 87. The MOF/CPA and the respective sponsoring ministry will begin the implementation process after its approval by the World Bank. They will initiate tasks regarding implementation of the RAP as follows: • Establishment of official cut-off date as per need • A series of public consultative meetings and workshops with PAPs and local representatives and active involvement of PAPs for the preparation of the full RAP or Abbreviated RAP • Endorsement of the full RAP, or abbreviated RAP, by the minister of the sponsoring ministry and the Director General of the CPA and its submission to World Bank for clearance • Establishment of criteria, requirements, and procedure for disbursement of compensation payments by the CDCs/CCDCs/GAs (as applicable) • Development of internal monitoring indicators and procedures • Identification of EMA to undertake independent monitoring 88. The MOF, through the sponsoring ministry, is also committed to provide adequate notice to the PAPs and pay their due compensation based on the eligibility criteria defined in this RPF for resettlement, including relocation and income restoration/assistance before start of construction work. The PAPs of affected structures/assets (houses, shops, and so on) will be paid their due compensations at least three months (90 days) before demolition of any structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and reestablishment of businesses. 89. Payment of compensation of assets other than structures (land, crops, and trees) will be made at least 90 days before actual possession of the space being utilized by the PAPs. However, in case of a dispute regarding the compensation amount, up to 70 percent of the assessed/allocated amount of compensation will be paid to PAPs and the rest pledged in an escrow account in the names of the concerned PAPs, pending the resolution of the dispute. In case of dispute over rightful ownership, the compensation would be deposited in an escrow account awaiting the court resolution of rightful ownership. In such an exceptional case, the sponsoring ministry may possess the land without full payment of compensation. Grievances or 35 objections (if any) will be redressed as per grievance redress procedure adopted in this RPF. However, all activities related to land acquisition and resettlement will be completed before initiation of construction activity. In case of absentee owners (for example, conflict displaced persons), the compensation amount would be deposited in an escrow account and issued to the rightful affected person, upon verification of identity and claim. The escrow is the offered amount plus 10 percent for contingency. The government will take all appropriate means (through electronic and written media, word of mouth through community relations) to identify/locate absentee landowners and provide documentation of these efforts. B. Process of RAP Implementation 90. The following paragraphs explain in detail how compensation will be delivered to PAPs and the prerequisites needed to trigger the release of financial resources to the ultimate beneficiaries. These steps are formulated in the light of the assumed availability of finance and the security situation. No account is taken of the likely situation in any province or district where projects might take place. 91. The steps for the delivery of compensation for all eligible PAPs will be the following: (a) Obtain financial resources. This is based on the final budget of each RAP. The national focal team in the sponsoring ministry shall obtain the needed money for its counterpart to fund the land acquisition component from the MOF. (b) Verification of the list of qualified PAPs. The national focal team of the sponsoring ministry, through the implementing NGO, will verify the list of PAPs provided in the RAP to ensure that all eligible PAPs will be properly compensated and non-eligible PAPs will be excluded. To ensure that identification and qualifications are guaranteed, village elders and CDCs will be consulted to resolve issues rising from the list. (c) Notification of a detailed compensation package. The national focal team, through the implementing NGO, will prepare and provide each affected person with a detailed breakdown of affected assets and the unit cost of each asset affected and the total compensation that they will receive. (d) Final conciliation/expropriation. PAPs who disagree with the amount of the detailed compensation package and how it was arrived at will be provided with a last or final chance to settle these issues, with the implementing NGO facilitating this meeting. If the national focal team of the sponsoring ministry and the PAPs still cannot agree, the sponsoring ministry will file expropriation proceedings in the appropriate court, asking that it be permitted to take possession of the affected asset. The sponsoring ministry will pay the affected person 70 percent of the contested sum and deposit the remaining amount in an escrow account in a bank. The escrow is the offered amount plus 10 percent for contingency. (e) Locate absentee owners. The national and regional focal teams of sponsoring ministries, through the implementing NGO and village leaders, shall try to locate absentee owners of affected assets. There are some cases where owners are residing or working in other places and every effort must be undertaken to locate these absentee owners. (f) Notification to the public. Available media and community bulletin boards will be utilized to inform the public that lands with the corresponding owners will be affected by the project. These will provide sufficient time for any adverse claimants on lands that will be affected to raise their opposition or claims over the affected lands. 36 (g) Preparation of invoices. Invoices for each of the eligible PAPs will be prepared by national focal team/implementing NGO. This document entitles each of the PAPs to receive the amount indicated in the invoice. (h) Delivery of the money to local bank. The money from the MOF/sponsoring ministry will be remitted to a local bank in the nearest town to the project site. However, the MOF/sponsoring ministry may remit the money for compensation to any bank of its choice. The bank account will be opened by the regional focal team of the sponsoring ministry, which will receive, from Kabul, the compensation on behalf of the PAPs. (i) Payment. The PAPs will each receive a check for the whole amount of compensation from the regional focal team of the sponsoring ministry. The affected person will sign a document acknowledging the receipt of the whole compensation and a waiver attesting that s/he has no longer any pending claim over the affected property. A photograph shall be taken with the affected person receiving the check, as part of project documentation. The affected person will cash the check by presenting his/her national identification card (NIC) and/or election registration card to the bank. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC. PAPs will be encouraged to open a bank account in any bank and only carry necessary money to their respective villages to avoid unnecessary exposure to those who might wish to illegally or with force relieve them of their cash. The benefits of having a savings account will be part of the information to be provided by the implementing NGO. X. Complaints and Grievance Redress 92. Based on the LLE, when private landholdings are acquired for public purposes such as dam building, compensation is paid to the owner based on the category and location of the affected land and the values of land for compensation are determined by the Council of Ministers. The decision is based on the recommendation of a Land Acquisition Committee (LAC) consisting of the following members: • Affected person who uses the land or his/her representative • Representative of the relevant sponsoring ministry • Representative of the MOF • Representative of the Ministry of Justice • Representative of the CDC 93. The land acquisition process is initiated with the constitution of the LAC. As land and other assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual’s property by the state. Usually, dissatisfactions arise with these acquisitions, mostly relating to the value of compensation. The LAC enquires into the matter and reviews the valuation and tries to arrive at a win-win solution. The whole process is based on a negotiated approach and as the affected person or his/her representative is a member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets lost. The LAC thus also performs the tasks of a Grievance Redress Committee (GRC). 94. However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the matter to a GRC to try and resolve the issue. It should be pointed out, however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an 37 advisory body or facilitator to try and resolve issues between the affected household and the sponsoring ministry/national focal team who would implement the valuation based on the decision of the LAC. The GRC will be composed of the following members: • Affected person or his/her duly appointed representative • Representative of the local administration (from the office of the governor), • Representative from regional focal team of the sponsoring ministry • Representative from the local legal department • Representative of the implementing NGO 95. The GRC will register the unresolved matter and meet to try and resolve the issue. A recommendation should be made within 7–10 working days. If any of the members are absent during the decision-making process, an appropriate candidate will be nominated by the original representative. If no decision has been promulgated after 10 working days from the last meeting of the GRC, the affected person may take the issue to the next level. The affected person always has the final recourse to seek redress through the legal system. However, every effort must be exerted to avoid this alternative because it entails loss of time and expenses on the part of the affected person. 96. The process of grievance redress has been made simple to speed up decision making and facilitate effective implementation. The GRC includes a representative from the local administration and the affected individual. Grievances are expected to be redressed locally within the existing framework. 97. Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported Project may submit complaints to existing Project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed to address Project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, because of WB noncompliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. The process to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS) is provided at http://www.worldbank.org/GRS. The process on how to submit complaints to the World Bank Inspection Panel is provided at http://www.inspectionpanel.org. 38 A. Matrix of Actions under the RPF ACTIONS TO IMPLEMENT THE PPIAP Who What When Why (Objective) Comments MOF/CPA Establish liaison Assuming these arrangements To facilitate the smooth The vital first step in the process arrangements with ministries already exist (MOF), they can be implementation of the of developing the PPIAP which will necessarily be used as soon as possible to bring planning and operation of involved in the PPIAP: these ministries up to date on the the PPIAP MPW, MAIL, MOJ. proposed PPIAP. MOF/CPA/TAT Establish institutional On approval of RPF by World Creation of the internal Preparatory work to be done Sponsoring Ministry arrangements for ensuring Bank CPA/sponsoring before approval of RPF safeguards compliance. ministry/private partner arrangements to implement RPF MOF/CPA/TAT Appoint national safeguards Desirable to appoint these officers Creation of internal CPA/ Early appointment will facilitate Sponsoring officers within the TAT and well before the commencement of sponsoring ministries training of these officers; Ministries sponsoring ministries. PPIAP arrangements to implement training organized by the World RPF Bank MOF/CPA/TAT Commence the preparation of During the initial stage of project To give as much advance No need to wait for approval of materials on the RPF for implementation publicity to the PPIAP as RPF by World Bank. This work distribution to probable possible and to alert should start as soon as possible. PAPs. probable PAPs of resettlement MOF/CPA/TAT Prepare terms of reference for Before the appraisal, To ensure rapid recruitment There will need to be Sponsoring international social advertisements can go out before processes once RPF is considerable consultation on this Ministries safeguards consultant. RPF is approved but appointment approved post, so action needs to start would be dependent on RPF early on. approval TAT/Sponsoring Appoint the implementing Initial work on appointment— The implementing NGO Where only very small-scale Ministry consultant who is going to terms of reference; basic will have an important role land acquisition and resettlement carry out the processes of requirements for a consultant to to play in all significant will take place, the national and resettlement. be qualified to apply; vetting resettlement exercises. regional focal teams within the applicants—can start after sponsoring ministries could be completion of pre-feasibility the implementers but for study. Appointment would not be anything over that scale, the made until RPF is approved. implementing NGO would be involved. 39 ACTIONS TO IMPLEMENT THE PPIAP Who What When Why (Objective) Comments MOF/CPA Continue with process of Ongoing To ensure no delay in No comment needed. Self- Sponsoring Ministry locating sites and preparing beginning implementation evident action. technical plans and so on for of PPIAP project investments under the PPIAP. MOF/CPA Where likely resettlement This action should begin to be To ensure no delay in Processes for preparing RAP set Sponsoring will be involved in a site incorporated into plans for beginning of out in the text of the RPF (ARAZI) located for investment under developing the sites for action implementation of the the PPIAP, begin preparation under the PPIAP. PPIAP of RAP under the RPF. ARAZI Census of residents and As early as possible after studies An essential first step in the Explanation of the importance of Sponsoring probable PAPs within project completed process of resettlement this in the RPF Ministries area CPA/TAT/national Begin the processes of Alongside taking the census of An essential first step in the Consultation must be genuine. and regional focal publicity and consultation PAPs process of planning As much information as possible teams within the with PAPs. resettlement and developing must be given to PAPs. Utilize sponsoring ministries an RAP village and other meetings. CPA/TAT/ Consult and liaise with local Alongside consultation with PAPs Essential to ensure that These bodies will be needed to Sponsoring Ministry governments and regional ministries and local assist with village meetings and offices of associated governments know what is consultation with PAPs. ministries on above actions. happening CPA/TAT/ Undertake the process of Part of the process of consultation Compensation and the Safeguards staff within will be Sponsoring Ministry inviting PAPs to submit and preparing an RAP, as an RAP process of resettlement is at involved here. ARAZI claims for compensation; must contain precise details of the the heart of an RAP and its assessing, discussing, and compensation and resettlement implementation. settling claims with PAPs payments GRC The GRC will be involved in The GRC should be ready to be To assist in the process of The GRC must be prepared to attempting to settle any involved from the commencement settling claims to work speedily and flexibly to grievances which PAPs may of the process of assessing and compensation ensure that a project does not get have over the compensation determining the compensation bogged down in never-ending that they are being offered. payable to PAPs. disputes about compensation. Focal teams within Finalize RAP Preparation of RAP is a A necessary step to RAP must be approved by sponsoring continuous process commencing commence action on the World Bank. ministry/CPA/TAT with consultation regarding ground census taking. Focal teams within Prepare information pack for The information pack to be The pack provides all the This is a vital component of an sponsoring ministry each affected person. distributed when RAP is approved basic information which an RAP. The details of what must affected person will need to 40 ACTIONS TO IMPLEMENT THE PPIAP Who What When Why (Objective) Comments know: what is to occur on be in the information pack are resettlement, how much contained in the RPF. compensation will be provided, how the compensation will be provided, and the opportunities for complaints and settling same. Sponsoring Implement the compensation Everything should be ready to be Once the PAPs have been It is vital to bear in mind that all ministry/MOF/ and resettlement processes of rolled out once the RAP is paid their compensation and PAPs claims must be settled ARAZI the RAP. approved. been resettled, (subject to the limited exception, infrastructural activities on such as in case of absentee the ground may commence. owners or land/properties dispute issue, the compensation amount would be deposited in an escrow account and issued to the rightful affected person upon verification of identity and claim) before entry may be made to land from which PAPs have been moved and infrastructural activities may commence. Implementing 1. Work closely with Throughout the execution of the The presence of an This is a key element in the RPF. agency safeguards officers in RAP independent agency whose It will be important that a generating awareness of all prime function is to act on reputable and effective NGO is aspects of resettlement and behalf of and support PAPs appointed and that the external compensation. in their claims for monitoring body has terms of 2. Work closely with PAPs in compensation is designed as reference that embrace the assisting in making, a guarantee that the process monitoring of the NGO. negotiating, and if necessary complies with principles of taking to the GRC claims for substantive and procedural compensation. (administrative) justice. 3. Submit regular reports on the process to focal teams within the sponsoring ministry and the monitors. 41 ACTIONS TO IMPLEMENT THE PPIAP Who What When Why (Objective) Comments GRC Handle affected persons’ During the process of determining As with the implementing Another key element on the grievances over compensation. Meet regularly and NGO, a GRC is a further RPF. Important that the compensation. settle disputes within 10 days. guarantee to PAPs that the members of the GRC see process is both substantively themselves as independent and (a second and independent operate accordingly. They are opinion on compensation) not there ‘to save government and procedurally (an money’. affected person can have a hearing and put forward his/her case) fair. National and Internal monitoring Throughout the process of the The focal teams within the An essential aspect of the RPF regional focal teams conducted by safeguards staff implementation of an RAP with sponsoring ministry will be as it provides an element of within the within focal teams regular reports to the World Bank responsible for managing project assurance to the World sponsoring ministry the site-specific investment Bank with respect to the under the PPIAP. implementation of the PPIAP and future anticipated investments. The EMA must be External monitoring Throughout the process of the An independent overview of The independence of the EMA independent of all conducted by the EMA implementation of the PPIAP with the implementation of must be assured in the contract bodies involved in regular reports to CPA. The PPIAP investments between it and the MOF. The the implementation World Bank involvement in the World Bank has a substantial of the PPIAP and monitoring of RAP interest in the EMA and its with independent implementation is only where the outputs, so will likely be standing in its own World Bank supports the involved in the selection process. right. Could be a investment projects to be prepared university under PPIAP; PAPs; documents; department or a officials in the sponsoring consortium of ministry and other relevant public departments. and private bodies 42 Annex 1: Summary of different types of formal and informal land ownership and possession in Afghanistan 1. The system of Afghan property rights is broadly divided into two categories: formal and informal. Under the formal system, the land law defines ownership of immovable property as private, public, and mawat lands. Written evidences of land ownership under the formal system of property rights are different kinds of deeds or legal documents with copies in the Court Registries. Other formal written documentation may also be used for this purpose. Details are to be found in Article 5 of the Law on Land Management. 2. Immovable property owned by an individual is considered as private property. According to Shari’a, private property can be owned individually or collectively. Private ownership may be acquired through (a) purchase, (b) allocation from a municipality, or (c) transfer of ownership, of which the most common form is inheritance. In addition, private land can be acquired through the principle of ‘dead land’ or ‘zameen-e-Bayer’. This classification entitles all legal owners to compensation for affected land. 3. Public land is classified as (a) owned by the state, (b) owned by public juridical persons, (c) allocated for public interests, and (d) recognized by law as public property. In addition to the above, cultivable land which has no owner is deemed to be public land. The law prohibits acquisition of such land without the permission of the government. The state has recently strengthened its grip over land based on a statute of limitation which states that all individual claims to land that has been held by the state for a period exceeding 37 years shall be barred and the state shall be considered the owner of the property. The decree provides that all land in which the ownership of individuals is not established legally shall be considered the property of the state. This classification does not entitle an occupant to compensation for the affected land but such a person is entitled to compensation for all immovable assets which are permanently fixed on the land. 4. Mawat land means ‘dead land’. In practice, this term refers to land which is not suitable for cultivation. The concept of mawat requires three elements: (a) the ownership history of the land is not known; (b) the land has not been cultivated and constructed, and (c) currently the land is not owned by any person. Even barren land (zameen-e-bayer) that does not have an owner may only be acquired with the permission of the government. The person who acquires and develops barren land with the permission of the government shall own the land. Shari’a generally recognizes mawat land as property neither owned by a private individual nor by the state and which could be acquired through renovation. Consistent with this, mawat land is recognized under the laws, but whoever wants to acquire mawat land must first secure permission from the President. In theory then, private property may be acquired in accordance with this concept. If mawat land is in the process of being legally acquired or has been acquired by an individual but some formal legal requirements have not been complied with, the possessor/owner is entitled to compensation for his/her affected land. 5. Informal system of property rights. There are two types of owners/possessors under the informal system that will be entitled for compensation over land affected by the project. The first group entitled for compensation is the customary or traditional owners of land and their heirs. These are individuals who inherited land that their ascendants occupied for more than 50 years. The original owners were either individuals who received royal land grants (Firman) in the form of decrees or legal letters and so on from the ruler of the time or the original settlers of the land or their survivors who peacefully occupied the land for many generations. In the rural areas, these occupants may have (a) tax receipts or are included in the tax records, (b) unofficial land deeds, and (c) been declared or recognized as legitimate users of lands by community development councils (CDCs), jirgas, or local elders. Households or persons who hold customary or traditional deeds for their properties are people who acquired de facto ownership of their land through purchase from customary or traditional owners of land. 43 6. The second type of owners/possessors under the informal system entitled to compensation are de facto owners of property who have bought land or a house from legal owners but did not fulfil the legal formalities required to formalize ownership. The transaction was legal but the legal formalities required to obtain a legal deed from the competent court were not completed. In many instances, buyers and sellers conclude customary agreements based on good faith and traditional norms and disregard the need to formalize the sales transaction in a competent court. Many persons perceive that a customary deed suffices to prove ownership of their property, especially when the original owner holds a formal document. 7. The two types of ownership/possession under the informal system of property rights have customary documents called ‘orfi’ to prove their ownership/possession. These documents are usually witnessed by their neighbors, especially local village and/or religious leaders. These documents include bills of sale and purchase, pawn agreements, wills’ subdivision agreements, and so on. These two types of informal ownership/possession will receive compensation for land affected by the project. 8. These two types of land rights under the informal system cannot be classified any more as public land. In the customary or traditional rights, the adverse, open, continuous, and uninterrupted possession of owners over a very long time has effectively vested in them legal rights over the lands they occupy through acquisitive prescription. In the second type of land rights under the informal system, the lands involved have been effectively segregated from the classification of public land because the lands have been titled by the former owners and the failure of the new owners to comply with the formal requisites to register the lands under their names do not change the private character of these lands. Hence, the two types of land under the formal system are by their very nature private lands and as a consequence, owners will be compensated. 44 Annex 2: Resettlement Action Plan Content The scope and level of detail of a resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups and (b) the legal issues involved in resettlement. The resettlement plan covers the elements in the following sections, as relevant. When any element is not relevant, it should be noted in the resettlement plan. 1. Description of the Project Area General description of the project and description of the project area 2. Potential Impacts Identification of • The project component or activities that give rise to resettlement; • The zone of impact of such component or activities; • The alternatives considered to avoid or minimize resettlement; and • The mechanisms established to minimize resettlement to the extent possible during project implementation. 3. Objectives The main objectives of the resettlement program 4. Socioeconomic Studies The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including the following: • The results of a census survey covering (a) current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (b) standard characteristics of displaced households, including a description of production systems, labor and household organization, and baseline information on livelihoods ( including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (c) the magnitude of the expected loss—total or partial—of assets, and the extent of displacement, physical or economic; (d) information on vulnerable groups or persons as provided for in OP/BP 4.12 paragraph 8, for whom special provision may have to be made; and (e) provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. • Other studies describing the following: (a) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based systems (including fishing, grazing, or use of forest area) governed by local recognized land allocation mechanisms and any issues raised by different tenure systems in the 45 project area; (b) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; (c) public infrastructure and social services that will be affected; and (d) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (for example, community organizations, ritual groups, NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Legal Framework The RAP is based on the RPF which sets out the legal and regulatory framework governing resettlement, land acquisition, and asset loss for the Irrigation Restoration Development Project-Afghanistan (IRDP-AF) (see section II of the RPF). 6. Institutional Framework The findings of an analysis of the institutional framework covering • The identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; • An assessment of the institutional capacity of such agencies and NGOs; and • Any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for the resettlement implementation. 7. Eligibility Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 8. Valuation of and Compensation for Losses The methodology to be used in valuing losses to determine their replacement cost, a description of the proposed types and levels of compensation under local law, and such supplementary measures as are necessary to achieve replacement cost for lost assets. 9. Resettlement Measures A description of the packages of compensation and other resettlement measures, including an entitlement matrix, that will assist each category of eligible displaced persons to achieve the objectives of the policy (see OP 4.12 paragraph 6). In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons and prepared in consultation with them. 10. Site Selection, Site Preparation, and Relocation Alternative relocation sites considered and explanation of those selected covering • Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors 46 is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; • Any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; • Procedures for physical relocation under the project, including timetables for site preparation and transfer; and • Legal arrangements for regularizing and transferring titles to resettlers. 11. Housing, Infrastructure, and Social Services Plans to provide (or to finance resettlers’ provision of) housing, infrastructure (for example, water supply, feeder roads), and social services (for example, schools, health services)—plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 12. Environmental Protection and Management A description of the boundaries of the relocation area and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 13. Community Participation, Involvement of Resettlers, and Host Communities • A description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities • A summary of the views expressed and how these views were considered in preparing the resettlement plan • A review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (for example, places of worship, pilgrimage centers, cemeteries) • Institutionalized arrangements by which displaced persons can communicate their concerns to project authorities throughout planning and implementation and measures to ensure that vulnerable groups such as indigenous peoples, ethnic minorities, the landless, and women are adequately represented 14. Integration with Host Populations Measures to mitigate the impact of resettlement on any host communities, including • Consultations with host communities and local governments; 47 • Arrangements for prompt tendering of any payment due to the hosts for land or other assets provided to resettlers; • Arrangements for addressing any conflict that may arise between resettlers and host communities; and • Any measures necessary to augment services (for example, education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. 15. Grievance Procedures Grievances and complaints raised during the implementation of the RAP will be dealt with in accordance with the GRM set out in Section VIII of the RPF. The LAC, established by the Council of Ministers under the LLE, also performs the duties of a GRC in relation to the value of land and/or assets acquired. The LAC will use a negotiated approach to reach a consensus on the replacement value of lands and assets. If this approach fails, an affected person may bring the matter to a GRC which will try and resolve the issue and make a recommendation within 7–10 days. If no decision is reached after 10 days, the affected person may seek recourse through the legal system as a last resort. 16. Organizational Responsibilities The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; any measures (including TA) needed to strengthen the implementing agencies’ capacity to design and carry out resettlement activities; provisions for the transfer to of responsibility local authorities or resettlers themselves for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 17. Implementation Schedule An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and termination of the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 18. Costs and Budget Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 19. Monitoring and Evaluation Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the World Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent activities. 48 Abbreviated Resettlement Action Plan An abbreviated RAP must contain a minimum of the following elements: (a) A census survey of displaced persons and valuation of assets (b) Description of compensation and other resettlement assistance to be provided (c) Consultation with displaced people about acceptable alternatives (d) Compensation matrix with all PAPs and their complete entitlements and so on (e) Institutional responsibilities for implementation and procedures for grievance redress (f) Arrangements for M&E (g) A timetable and budget 49