SFG3510 Islamic Republic of Afghanistan Ministry of Communications and Information Technology CONSULTANCY SERVICES TO PREPARE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) AND TO CARRY OUT RELEVANT CAPACITY BUILDING FOR DIGITAL CASA AFGHANISTAN PROJECT Resettlement Policy Framework (RPF) for Digital CASA Afghanistan Project Prepared by Jose M. Cabral Environmental Consultant May 2017 CONTENTS Page 1.0 INTRODUCTION .................................................................................................................. 1 2.0 DESCRIPTION OF DIGITAL CASA AFGHANISTAN PROJECT .................................... 3 2.1 Digital CASA Regional Program........................................................................................ 3 2.2 Digital CASA Afghanistan Project ..................................................................................... 4 3.0 ENVIRONMENTAL AND SOCIAL CHARACTERISTICS OF AFGHANISTAN ............ 7 3.1 Geographic Location ........................................................................................................... 7 3.2 Physical Characteristics ...................................................................................................... 8 3.3 Ecological Characteristics ................................................................................................. 10 3.4 Socioeconomic Characteristics ......................................................................................... 12 4.0 LEGAL AND POLICY FRAMEWORK FOR RESETTLEMENT ..................................... 15 4.1 National Regulatory and Policy Framework..................................................................... 15 4.2 World Bank Policy on Involuntary Resettlement (OP 4.12) ............................................ 18 5.0 APPLICABLE WORLD BANK SAFEGUARD POLICIES ............................................... 20 6.0 NEED FOR RESETTLEMENT POLICY FRAMEWORK (RFP) FOR DIGITAL CASA 22 6.1 Project Components and Activities that Raise Environmental and Social Concerns ...... 22 6.2 Description of Component 1 Activities Involving Physical Works ................................. 23 6.3 Potential Environmental and Social Impacts and Risks of Digital CASA ....................... 26 6.4 Justification for RFP and ARPs ........................................................................................ 28 7.0 ELIGIBILITY FOR COMPENSATION .............................................................................. 30 7.1 General Eligibility............................................................................................................. 30 7.2 Land Tenure and Compensation Entitlements .................................................................. 30 7.3 Entitlements to Compensation and Livelihood Restoration ............................................. 31 8.0 UNIT COMPENSATION RATES AND BUDGET ............................................................ 34 8.1 Establishing Rates for Land Acquisition and Resettlement .............................................. 34 8.2 Valuation of Land ............................................................................................................. 34 8.3 Valuation of Structures ..................................................................................................... 35 8.4 Valuation of Crops and Trees ........................................................................................... 35 8.5 Livelihood Restoration Support ........................................................................................ 35 9.0 INSTITUTIONAL ARRANGEMENTS .............................................................................. 48 9.1 Overall Organization ......................................................................................................... 48 9.2 ARP Implementation ........................................................................................................ 48 10.0 STAKEHOLDER CONSULTATION AND PARTICIPATION ..................................... 51 10.1 Public Consultation ....................................................................................................... 51 10.2 Community Meetings.................................................................................................... 51 10.3 Consultations with Government Officials and Other Stakeholders .............................. 51 10.4 Preparation of Project-Specific Information Material .................................................. 51 10.5 Disclosure ..................................................................................................................... 52 10.6 Procedure for Developing a Consultation Plan ............................................................. 53 11.0 STEPS IN APPLICATION OF OP 4.12 AND PREPARATION OF ARPs .................... 54 11.1 First Step: Avoidance of Acquisition to the Extent Possible ........................................ 54 11.2 Second Step: Preparation of an ARP for Each OFC Network Subproject and ................ Adequate Dissemination of Each Plan .......................................................................... 54 11.3 Third Step: Implementation of ARP ............................................................................. 56 12.0 PREPARATORY ACTIONS ........................................................................................... 58 13.0 GRIEVANCE REDRESS MECHANISM (GRM) ........................................................... 59 13.1 Objectives ..................................................................................................................... 59 13.2 Principles....................................................................................................................... 59 13.3 Land Acquisition Committee (LAC) and Grievance Redress Committee (GRC) ....... 60 13.4 GRM Stages .................................................................................................................. 61 14.0 MONITORING AND EVALUATION ............................................................................ 63 14.1 Monitoring .................................................................................................................... 63 14.2 Management Information Systems ............................................................................... 63 14.3 Reporting Requirements ............................................................................................... 63 15.0 PUBLIC DISCLOSURE ................................................................................................... 64 ANNEXES I Digital CASA Proposed OFC Network II Formats for Preparation of a Consultation Plan III Grievance Registration Form IV Grievance Logbook V Grievance Decision Form VI Grievance Report Format ACRONYMS AND ABBREVIATIONS AFTEL Afghan Telecom AIDS Acquired Immunodeficiency Syndrome ARAZI Afghan Independent Land Authority ARP Abbreviated Resettlement Plan ARTF Afghanistan Reconstruction Trust Fund ATRA Afghanistan Telecom Regulatory Authority CASA Central Asia South Asia CDC Community Development Council cm centimeter DABS Da Afghanistan Breshna Sherkat DDF Digital Distribution Frame EIA Environmental Impact Assessment EIS Environmental Impact Statement ES Environmental and Social ESHS Environmental, Social, Health and Safety ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESSMIP Environmental and Social Safeguards Management and Implementation Plans FAO Food and Agriculture Organization GDP Gross Domestic Product GI Galvanized Iron GIS Geographic Information System GovNet Government Networks GRC Grievance Redress Committee GRM Grievance Redress Mechanism GRS Grievance Redress Service HDPE High-Density Polyethylene HIV Human Immunodeficiency Virus HSMP Health and Safety Management Plan ICT Information and Communications Technology IT Information Technology ICTDP ICT Sector Development Project IDA International Development Association ITES Information Technology Enabled Services IUCN International Union for Conservation of Nature Km Kilometer LAC Land Acquisition Committee LH Long-Haul m Meter MAIL Ministry of Agriculture, Irrigation and Livestock MCIT Ministry of Communications and Information Technology MEW Ministry of Energy and Water mm millimeter MOPW Ministry of Public Works MT Metric Ton NEPA National Environmental Protection Agency NGO Non-Governmental Organization OFC Optical Fiber Cable OP Operational Policy OPGW Optical Ground Wire OSP Outside Services Plant PAP Project-Affected Person PID/ISDS Project Information Documents/Integrated Safeguards Data Sheet PMO Project Management Office PPE Personal Protective Equipment PPG Project Preparation Grant PPP Public-Private Partnership PVC Polyvinyl Chloride ROW Right of Way RPF Resettlement Policy Framework SOP Series of Projects STI Sexually Transmitted Infection TAPI Turkmenistan, Afghanistan, Pakistan and India TOR Terms of Reference UNDP United Nations Development Program USEPA United States Environmental Protection Agency UXO Unidentified Explosive Object WB World Bank WHO World Health Organization WTO World Trade Organization 1 1.0 INTRODUCTION This document develops the Resettlement Policy Framework (RPF) for the Digital CASA Afghanistan Project. It consists of fifteen chapters, including this Introduction. Chapter 2.0 describes the Project, presenting an overview of the Digital CASA Regional Program, which provides the context for the development of the Project, and then explaining the Project‟s development objective, cost and components. Chapter 3.0 contains an overview of the geographic location of the Islamic Republic of Afghanistan, and describes the salient physical, ecological and socioeconomic characteristics of the country. Chapter 4.0 explains the legal and policy framework pertinent to the design and implementation of the RPF, discussing the applicable Afghan laws and policies, as well as the World Bank Policy on Involuntary Resettlement (OP 4.12). Chapter 5.0 identifies the World Bank safeguard policies triggered by the Project and explains why. Chapter 6.0 justifies the need for the RPF in the context of Digital CASA based on the potential environmental and social impacts and risks that the implementation of the Project poses, as well as the requirements of the World Bank‟s OP 4.12. Chapter 7.0 details the basis of eligibility for compensation under the RPF, comprising general eligibility for compensation, land tenure and corresponding compensation entitlements, and entitlements to compensation and livelihood restoration. Chapter 8.0 explains the unit compensation rates and budget to apply in the implementation of the RPF, and includes a matrix of compensation entitlements and rates. Chapter 9.0 describes the institutional arrangements for RPF implementation. Chapter 10.0 explains stakeholder consultation and participations mechanisms. Chapter 11.0 details the process of implementation of the Abbreviated Resettlement Plans (ARPs) required for each of the Optical Fiber Cable networks proposed under Component 1 of the Project. Chapter 12.0 elaborates on the necessary preparatory actions for the implementation of the RPF immediately after its formal No-Objection by the World Bank. Chapter 13.0 explains the Grievance Redress Mechanism available to persons and communities affected by the Project. 2 Chapter 14.0 describes the monitoring and evaluation approach to the compensation process associated with the Project. Chapter 15.0 indicates the plans for the public disclosure of the RPF. 3 2.0 DESCRIPTION OF DIGITAL CASA AFGHANISTAN PROJECT This chapter provides details on the Digital Central Asia South Asia (CASA) Afghanistan Project. Section 2.1 presents an overview of the Digital CASA Regional Program, which provides the context for the development of the Project. Section 2.2 describes the proposed Project development objective, and the Project cost and components.1 2.1 Digital CASA Regional Program “The proposed Digital CASA Regional Program aims to implement a regional, cross-border approach to develop a regional transit hub for Internet traffic, and improve broadband Internet connectivity in Central Asia and parts of South Asia. This will be done by catalyzing private sector investments and cross sector infrastructure sharing and by modernizing relevant policies and regulatory frameworks. The ultimate aim is to bring reliable and affordable Internet services to the citizens of the region, link SMEs and workers to the regional and global digital economy, and catalyze innovations in the delivery of public and private services. The approach is three- fold: (a) Supply-side (connectivity) interventions under an appropriate public-private partnership (PPP) framework to deploy high capacity cross-border fiber-optic networks across the region (e.g. a purpose built regional wholesale network). The interventions will seek to capture synergies through cross-sector infrastructure sharing (e.g. energy, transport). (b) Demand-side (digital society and economy) interventions to encourage greater and more productive use of the Internet and the widely spread mobile cellular connectivity by governments, businesses and citizens. Increased demand will facilitate economies of scale to significantly lower the unit costs of investment for both Internet providers and end-consumers, and will help to create new job opportunities, including the facilitation of digital entrepreneurship. (c) Enabling environment (policy, regulatory, and capacity building) interventions to stimulate competition and private sector investment in the deployment of the ICT infrastructure and services at both regional and national levels. The proposed project will take into account experiences from the implementation of regional connectivity projects including in East and West Africa, the Caribbean, and the Pacific region. It will focus on creating an enabling environment for investment by private sector and also develop cross-sector synergy between telecom, transport and energy sectors at national, regional and international levels. The project will aim to leverage as much private investment as possible into the regional fiber optic infrastructure, complemented with targeted catalytic public sector 1 This chapter reproduces literally some paragraphs with the description of the Digital CASA Regional Program and the Digital CASA Afghanistan Project contained in the “Combined Project Information Documents/Integrated Safeguards Data Sheet (PID/ISDS). Concept Stage ” for the Project, prepared by the World Bank, dated 21 June 2016 (pp. 6-9). 4 investments. Fiber optic infrastructure already in place in the focus countries or scheduled to be put in operation over the next decade or so will be the basis for the planning of domestic, regional and international routing, and will take advantage of optical fiber infrastructure available on power transmission networks (optical ground wire, OPGW) including that of currently installed domestic power networks or foreseen for CASA-1000 optical fiber cable to be laid along the Turkmenistan, Afghanistan, Pakistan and India (TAPI) gas pipe lines, as well as the optical fiber owned by railways and other infrastructure service providers. On the supply-side, it will be important to continue to increase the availability, use and development impact of regional and national broadband communications infrastructure, including, as required, deployment of a regional backbone network made up of multiple crossborder fiber optic links, domestic backbone networks, government Intranets, and rural access networks. Cross-border transmission links will be coordinated among the CASA countries and with neighboring countries (such as China, Iran, Pakistan and Russia) to guarantee Internet connectivity to all destinations and services. Purchasing of long term international bandwidth for the Government will be funded under Digital CASA to provide access to high speed optical fiber connectivity at affordable rates, and to connect government offices via the development of appropriate Government Networks (GovNet)”. “Significant emphasis is also expected to be placed on facilitating collaboration and joint approaches for the development of demand-side initiatives to take advantage of this regional infrastructure. This will be done notably through and for the delivery of transformative digital government infrastructure, platforms and services (including data-driven innovations and solutions across sectors) and by improving policies and infrastructure for facilitating digital job opportunities via the development of the IT and information technology enabled services (ITES) industries, among others. The demand-side activities are based on strong interests signaled by the governments to include some of these activities as part of the Digital CASA Program, and to build on current relevant activities supported by the World Bank including e-government, open data initiatives, as well as sector-level ICT applications in agriculture, higher education, health, financial sector development, water management, etc. The Digital CASA Regional Program will be implemented as a series of Projects (SOP) and each phase/project will be based primarily on country readiness. Eligibility criteria to participate in Digital CASA are as follows: (a) existence of a regulatory authority for the sector that is independent from the operators in the market (and/or relevant WTO commitment to establish such regulator), (b) adherence to open access principles; and (c) full liberalization of both domestic and international Internet connectivity, or a time-bound action plan to achieve such liberalization by the midterm review of the Project.” 2.2 Digital CASA Afghanistan Project 2.2.1 Proposed Development Objective “The proposed Development Objective is to increase access to digital services throughout Afghanistan, via a regionally integrated, secure and affordable digital infrastructure, including the expansion of e-Government services and digital job opportunities”. 5 2.2.2 Cost and Components “Digital CASA Afghanistan is estimated at around $90 million, and will consist of a mix of regional and national IDA funds. Since this is a regional program with significant spillover benefits across countries, supplementary regional IDA funding is expected to complement national IDA allocations for up to two-thirds of the total IDA financing of the regional activities. The components will build on the successful implementation of the ongoing ICT Sector Development Project and are expected to be structured as follows: Component 1: Supply-side (digital connectivity), $60million. Under PPP frameworks, this component will finance domestic and cross-border infrastructure that is needed to ensure greater access to affordable high speed Internet services, both within Afghanistan and in neighboring countries. Activities may include but are not limited to: (a) financing and operation of regional backhaul optical fiber networks; this may include connecting Afghanistan with China through the Wakhan Border, and strengthening links with other neighboring countries such as Tajikistan, Uzbekistan and Turkmenistan (b) deployment of high capacity, domestic fiber-optic networks, including the 9 provincial capitals that remain to be connected and select rural areas of the country; (c) financing of the pre-purchase of Internet bandwidth for the Government usage; (d) financing of the establishment of a Government Network (GovNet) for providing broadband connectivity to government institutions, including schools, universities, government offices at central and provincial levels; and (e) financing of investments in Internet exchange point that may be facilitated at the regional level, and for upgrading of the National Internet Exchange of Afghanistan.2 Component 2: Demand-side (digital society and economy), $20 million, will encourage greater and more productive use of enhanced Internet connectivity by government, businesses and citizens. Activities may include but are not limited to: (a) development of shared platform and services to enable automation of central and provincial e-services delivery. This includes leveraging postal networks across the country for ensuring end-to-end delivery of services and citizen feedback; (b) deployment of a government shared e-Procurement platform, and pilot implementation in targeted ministries; (c) enhancement of the National Data Center located within MCIT for enabling a shared digital platform across government (e.g. leveraging cloud computing technologies), including options for backup disaster recovery; (d) targeted interventions aimed at the development of the IT/ITES industry; (e) GIS mapping and development of database to improve national ICT infrastructure monitoring and asset management; (f) and digital jobs and skills development, including for youth and women outside of Kabul. Component 3: Enabling environment, $5 million, will provide technical assistance to MCIT and Afghanistan Telecom Regulatory Authority to support institutional development and capacity 2 Sections 6.1 and 6.2, Chapter 6.0 (Potential Environmental and Social Impacts and Risks of Digital CASA), provide details on Component 1, in particular the activities dealing with the financing and operation of regional backhaul optical fiber networks, and the deployment of high capacity, domestic fiber-optic networks since, of all Project activities, these two have the potential to generate adverse environmental and social impacts and risks of note. 6 building activities, to enhance the effectiveness of the institutional framework for the project, both at the regional and national levels. This may include a combination of support for harmonized regional and domestic enabling environment that are conducive to: (a) promoting a competitive ICT market; (b) private sector investment and digital jobs facilitation; (c) facilitating cross-sector infrastructure sharing; (d) facilitating e-Government standards and interoperability frameworks; (e) developing and implementing robust cyber security frameworks; and (f) developing digital leadership within the government. Component 4: Project Management, $5 million, will finance the provision of technical assistance, equipment, training, and operating costs needed to establish, operate, and strengthen project management functions within MCIT”. 7 3.0 ENVIRONMENTAL AND SOCIAL CHARACTERISTICS OF AFGHANISTAN This chapter provides an overview of the geographic location of the Islamic Republic of Afghanistan, and describes the salient physical, ecological and socioeconomic characteristics of the country.3 3.1 Geographic Location The Islamic Republic of Afghanistan is a landlocked country located within South Asia and Central Asia. It is bordered by Pakistan in the south and east; Iran in the west; Turkmenistan, Uzbekistan and Tajikistan in the north; and China in the far northeast. It lies between latitude 33° 00′ N and longitude 65° 00′ E, and its territory covers 652,000 km2. Figure 3.1 shows the geographic location of the country. Source: University of Texas at Austin, Perry-Castañeda Library Map Collection, 2009. 3 This chapter is based on the following sources, with some paragraphs reproduced literally: DABS, 2014b; World Bank, 2016b; US CIA World Factbook: Afghanistan; and US Library of Congress 2008. 8 3.2 Physical Characteristics The next sections summarize, respectively, the following relevant physical characteristics of Afghanistan: i) climate; ii) topography; iii) geology and soils; iv) hydrology; and v) air quality. 3.2.1 Climate The remarkable feature of Afghan climate is its extreme range of temperatures within limited periods. The smallest daily range in the north is when the weather is cold; the greatest is when it is hot. For seven months of the year (from May to November) this range exceeds 17 °C daily. Waves of intense cold occur, lasting for several days, and low temperatures may reach −24 °C, rising to a maximum of −8 °C. On the other hand, the summer temperature is exceedingly high, especially in the Oxus regions, where a shade maximum of 45–50 °C is not uncommon. Rainfall in Afghanistan is very scarce, and mainly only affects the northern highlands, arriving in March and April. Rainfall in the more arid lowlands is rare, and can be very unpredictable. 3.2.2 Topography The Hindu Kush mountains, running northeast to southwest across the country, divide Afghanistan into three major regions: i) the Central Highlands, which form part of the Himalayas and account for roughly two-thirds of the country's area; ii) the Southwestern Plateau, which accounts for one-fourth of the land; and iii) the smaller Northern Plains area, which contains the country's most fertile soil. Land elevations generally slope from northeast to southwest, following the general shape of the Hindu Kush massif, from its highest point in the Pamir Mountains near the Chinese border to the lower elevations near the border with Iran. To the north, west and southwest there are no mountain barriers to neighboring countries. The northern plains pass almost imperceptibly into the plains of Turkmenistan. In the west and southwest, the plateaus and deserts merge into those of Iran. 3.2.3 Geology and Soils Afghanistan, from a geologic perspective, is a complex amalgamation of small tectono- stratigraphic terrains, each with its own unique geologic history. None of these terrains, save may be the northwestern one, can be said to presently be in the place that it originated. Instead, most of Afghanistan was assembled bit-by-bit out of pieces that came from someplace else. Deciphering what constitutes a contiguous terrain or how many there actually are has proven difficult and no consistent pattern has emerged. Leven (1997) presented the most thorough picture to date and his conclusions are summarized. In his view, the only stable terrain in Afghanistan is the one called the Turan plate, which always was part of the Asian continental landmass. All the other terrains have been somehow thrust onto, slid by, or collided with the Southern margin of Asia during a complex series of events that took place since the middle Mesozoic as the Paleo-Tethyan and Tethyan oceans slowly closed up, culminating in the 9 collision of India and Asia. The timing of these events as well as the points of origin and travel- path histories of the various Afghan terrains are all very poorly understood. Afghanistan is located on the Eurasian Tectonic Plate. The Wakhan Corridor and the rest of northeastern Afghanistan, including Kabul, are situated in a geologically active area where earthquakes may occur almost every year. They can be deadly and destructive sometimes, causing landslides in some parts or avalanches during the winter. Over a dozen earthquakes occurred in this region during the twentieth century. In general, the soils are formed under arid and semi-arid climatic conditions. Textural classes are mostly clay loam to sandy loam. Soil pH and calcium carbonate contents are high. Soil organic matter content ranges from 0.2 to 2.5%. Water holding capacity is low, permeability and infiltration rates are high. Soil salinity is generally not a problem. Soil fertility tests have shown low levels of nitrogen, variable levels of phosphorus and adequate levels of potassium. Micronutrients deficiencies for iron, zinc, copper and boron are common. 3.2.4 Hydrology Afghanistan‟s water resources are divided into five major river basins, which comprise 41 watersheds. The major river basins are i) the Amu Darya River Basin, which contributes about 57 percent of the total river flow in Afghanistan; ii) the Northern River Basin; iii) the Harirud ‐ Murghab River Basin; iv) the Hilmund River Basin; and v) the Kabul (Indus) River Basin. In general, the mountains of Afghanistan have always served as a natural storage facility and source of water. In fact, more than 80% of Afghanistan's water resources originate in the Hindu Kush Mountains. The snow accumulates in the winter and melts in the spring. This, along with the melting of the glaciers in the summer feed important rivers like the Amu Darya. The Amu Darya Basin alone holds more than 55% of Afghanistan's water resources. Unfortunately, drought and warming of air temperatures have reduced the size of the glaciers in Afghanistan. Major glaciers in the Pamir and Hindu Kush have considerably shrunk, while smaller ones have been reported to have completely vanished. A severe drought in 2001 further prevented the feeding of the Sistan Wetlands by the Helmand River, and by 2003 satellite images showed that 99% of the Sistan Wetlands were dried up. As a result, much of the Sistan Basin's natural vegetation has died and an increase in soil erosion has occurred, as well as the spread of sand on to roads, fields and settlements. Waterfowl were also severely affected as the Sistan Wetlands were very important to the birds. In the mid-1970s, there were close to different species of waterfowl that were identified in the area, few to none remain today. The hydrographic network of Afghanistan, rather dense in mountains, is rare on the plains. All rivers come to an end in closed basins or are lost in sand. Water intake for irrigation and strong evaporation lead to even the large rivers becoming dry in the second half of summer. In general, shortage of water constrains agricultural development to a larger area in the country. The primary threat to Afghanistan's water supply is the droughts, which created food shortages for millions in the recent past. The resulting agricultural crises between 1995 and 2001 have 10 driven major migrations from rural to urban areas. In response to drought, deep wells for irrigation have been drilled which decreased the under ground water level, further draining groundwater resources, which rely on rain for replenishment. 3.2.5 Air Quality Air pollution does not constitute a major problem in most of Afghanistan, but its reliance on inexpensive energy has created some issues. Most vehicles run on diesel fuel and household energy often relies on burning wood and other materials. As a result, air pollution in urban areas is visible and may pose health issues. Kabul ranks near the top in terms of worldwide rankings of hazardous airborne contaminants. Measured levels in Kabul were worse than in Beijing and even in Lahore, Pakistan, considered by atmospheric scientists to have some of the worst pollution in the world. Kabul sits in a valley at high altitude and pollutants can't disperse quickly. Levels of individual hazardous compounds, such as carbon monoxide, lead, nitrogen oxide and ozone are all significantly above the United States Environmental Protection Agency‟s (USEPA) primary and secondary standards, and levels of particulate matter are more than 100 percent higher than World Health Organization (WHO) recommended levels. 3.3 Ecological Characteristics The next sections summarize, respectively, the following salient ecological characteristics of the country: i) flora; ii) fauna; iii) fisheries; and iv) protected areas. 3.3.1 Flora Northern Afghanistan forms part of the center of plant diversity for the mountains of middle Asia. The northern highlands, between 1,000 and 1,500 meters (m) have steppe grass lands and low shrubs. Small areas of coniferous forest grow at high altitude. The woody plants in the mountainous areas comprise sparse wild pistachio (Pistachia), almond (Amygdalis) and juniper wood land with tree heights of 4‐ 10 m. Above 3,500 m, only low Alpine flora exists. Over grazing, combined with an increasing population and the corresponding demands for fuel wood over recent decades, have resulted in extensive decline of these woodlands. The grasses, sparse shrubs and trees that form the natural vegetation of the region dry out in summer. The traditional Poplar and Willow hedges are cultivated by farmers in the river plains for subsistence. Herb and grasses are scarce in range land areas where invasive plants like thistles dominate. In the last several decades, 90% of forests in Afghanistan have been destroyed and much of the timber has been exported to neighboring Pakistan. As a result, a large percentage of Afghanistan's land could be subject to soil erosion and desertification. To counter this problem, in recent years millions of saplings have been planted. 3.3.2 Fauna 11 Afghanistan has many species of wild animals. It is estimated that there are 119 species of mammals, 389 species of birds, 2 species of reptiles, and hundreds of species of insects and fish. Some of the endangered species, such as the Markhor (Caprafalconeri), Marco Polo Sheep (Ovisammonpoli), Musk Deer (Moschusmoschiferus), Snow Leopard (Unciauncia) and Siberian Crane (Grusleucogeranus). Animals found in Mountains of Hindu Kush are Leopard (Pantherapardus), Lynx (Felislynx), wolf (Canislupus) and Jackal (Canisaureus). Active hunting occurs in many regions of the country for fur and has caused declines in the numbers of indigenous fauna. The avifauna of dry grass land includes lesser floricans, pipits, sparrows and weavers. Sand grouse and larks are found in most arid deserts, while the cultivated areas are home to drongons, Indian robins, pied bush chats mynas bulbuls tailorbirds, weavers etc. Open deciduous forests are home to minivets, fantails, wood shrikes, bulbuls and sun bird sand white‐ eyes. The coniferous forest provides breeding ground to pheasants, tree creepers, tits, streaked laughing thrushes, with dippers and froktails along the mountain streams. Brandt‟s Mountain Finches survive at altitudes of around 6,000 m in the Hindu Kush. Afghanistan is part of Central‐ Asian Flyway for migratory birds. Many migratory birds from Siberia and Central Asia reach the wetlands of India, Iran or Pakistan via Afghanistan. Numerous species of migratory water fowl and waders seasonally use Afghanistan‟s wetlands of Hamun‐ i‐ Puzak and Hamun‐ i‐ Helmand on the Iranian border; in addition, these species use Ab‐ i‐ Estada and Dashte Nawar for feeding, breeding and rearing their young. These sanctuaries are in south Afghanistan. With very little government capacity to discourage hunting and habitat disappearing because of conflict and drought, much of the country's wildlife is at risk. In 2006, Afghanistan and the Wildlife Conservation Society began a three-year project to protect wildlife and habitats along the Wakhan Corridor and Central Plateau regions. The list of endangered animal species is the following: Snow Leopard (Uncia uncial), Wild Goat (Capra aegagrus), Markhor (Capra falconeri), Marco Polo Sheep (Ovis ammon polii). Urial (Ovis orientalis), Asiatic Black Bear (Ursus thibetanus), Siberian Crane (Grus leucogeranus). The critically endangered species are: White-Headed Duck (Oxyura leucocephala), Marbled Teal (Marmaronetta angustirostris), Pallas‟s Sea Eagle (Haliaeetus leucoryphus), Greater Spotted Eagle (Aquilla clanga), Imperial Eagle (Aquilla heliaca), Lesser Kestrel (Falco naumanni), Corncrake (Crex crex), Sociable Lapwing (Vanellus gregaria), Pale-Backed Pigeon (Columba hodgsonii). Little is known about the status of the salamander Batrachuperus mustersi, which is found only in the Hindu Kush. 3.3.3 Fisheries 12 Fish does not contribute much to the economy of the country and therefore not much attention is paid to them as aquatic resources. No fish species in Afghanistan are classified as endangered. In mountain rivers, available fish species are Brown Trout and Milk Fish, which are basically carp from the family Cyprinidae. Some of the fresh water fishes in Afghanistan are Barbel, Carp, Mahi‐ e‐ Saqan Qul and Mahi Laqa, which is mainly found in the Kunduz River. 3.3.4 Protected Areas The Protected Areas in the country are: 1. National Park: Band-e-Amir (IUCN category-II, 41,000 ha, established in 1973). 2. Waterfowl Sanctuaries: i) Ab-i-Estada (IUCN category IV, 27,000 ha, established in 1977); ii) Dasht-Nawer (IUCN category IV, 7,500 ha, established in 1977); and iii) Hamun-i-Puzak (IUCN category IV, 35,000 ha, established in 1973). 3. Wildlife Reserves: i) Ajar Valley (IUCN category IV, 40,000 ha, established in 1978); ii) and Pamir-i-Buzurg Wildlife Reserve (IUCN category IV, 67,938 ha, established in 1978). 4. Other sites under protection in the country are: i) Bamiyan National Heritage Park, Band-e- Amir National Park; ii) Darqad-Nawar Waterfowl Sanctuary; iii) Darqad (Takhar) Wildlife Managed Reserve; iv) Hamun-i- Puzak Waterfowl Sanctuary; v) Imam Sahib (Kunduz) Wildlife Managed Reserve; vi) Khulm Landmark Protected Area; vii) Kole Hashmat Waterfowl Sanctuary; viii) Northwest Afghanistan Game Managed Reserve; ix) Nuristan Nature Reserve; x) Registan Desert Wildlife Managed Reserve; and xi) Zadran National Reserve. 3.4 Socioeconomic Characteristics The next sections summarize, respectively, the following relevant socioeconomic characteristics of Afghanistan: i) demographics and culture; ii) economy; iii) agriculture and livestock; and iv) forestry. 3.4.1 Demographics and Culture As of 2015, the population of Afghanistan is around 32,564,342, including the roughly 2.7 million Afghan refugees still living in Pakistan and Iran. As of 2013, 46% of the population is under 15 years of age. 74% of the population lived in rural areas in 2014 and is involved in agricultural activities. The country remains one of the world's least urban societies. The only city with over a million residents is its capital, Kabul. The nation is composed of a multi-ethnic and multilingual society, reflecting its location astride historic trade and invasion routes between Central Asia, Southern Asia and Western Asia. The largest ethnic group is the Pashtuns, followed by Tajiks, Hazaras, Uzbeks, Aimaks, Turkmen, Baloch and others. 13 Pashto and Dari (Afghan Persian) are both the official languages of the country. Dari is mostly spoken in the Tajik- and Hazara-dominated areas, while Pashto is spoken mainly in the Pashtun tribal areas south of the Hindu Kush Mountains. Multilingualism is common throughout the country, especially in the major cities. Dari is the predominate language spoken in urban areas but language is not necessarily an indicator of an individuals ethnic or group identity, since Pashto and Dari are both spoken by nearly all of the country's ethnic groups (Turkmen and Uzbeks generally constituting an exception to this rule). Islam is the religion of more than 99% of Afghanistan's citizens. An estimated 80 –90% of the population practices Sunni Islam and belongs to the Hanafi Islamic law school, while 7–19% are Shia. Excluding urban populations in the principal cities, most people are organized into tribal and other kinship-based groups, who follow their own traditional customs. Relevant demographic data for the country are as follows:  Life expectancy (2013): 60 years.  Literacy rate (i.e., people over the age of 15 that can read and write) (2005): 31%, with 43% for males and 20% for females.  School life expectancy (primary to tertiary education) (2004): 8 years, with 11 years for males and 4 years for females. 4.4.2 Economy Afghanistan has made significant progress in areas including primary education and basic health services, but continues to struggle to overcome almost three decades of war and civil strife. Afghanistan‟s political context remains complex and dominated by the Taliban insurgency, narcotics production, and weak governance and rule of law. Nearly 36 percent of the Afghan population continues to live below the national poverty line, and the country ranks 171 out of 188 countries in the UNDP Human Development Report 2015, suffering from shortages of housing, clean drinking water, and electricity. Mountainous terrains and sparsely scattered population have also made the expansion of basic infrastructure and services difficult. As a result, regions in the Northeast, East, and West Central regions in the country appear to have fallen behind due to their remoteness, as well as climatic shocks, and limited reach of aid. Despite steady growth between 2002 and 2012, Afghanistan‟s economy has stagnated due to protracted political and security transitions and slow pace of reforms. Gross Domestic Product (GDP) growth averaged around 9 percent during 2003 to 2012, but sharply declined to 3.7 percent in 2013 and 1.5 to 2 percent in 2014 and 2015. This is mostly the result of protracted political and security transitions, slow pace of reforms, and delays in the elections process and cabinet formation which have continued to fuel uncertainty and affected investor confidence. Unfavorable weather conditions for agriculture production and a fiscal crisis that unfolded in 2014 is continuing to undermine economic recovery. With a 35 percent unemployment rate in 2008, there are significant challenges related to jobs within Afghanistan, particularly for youth, women, and refugees returning from Pakistan and elsewhere. Over the next decade there are not enough jobs to absorb the labor force that is 14 expected to expand by about 400,000 workers per year. In particular, participation of the female labor force in Afghanistan is below 20 percent. Improving the status of women is central to improving economic well-being and to reducing fragility and conflict. A new president and unity government were elected in 2013. The unity government is committed to addressing the country‟s political, social, and economic challenges. 4.4.3 Agriculture and Livestock The Afghan economy has always been agricultural, despite the fact that only 12% of its total land is arable and about 6% is currently cultivated. Agriculture production is constrained by an almost total dependence on erratic winter snows and spring rains for water. As of 2007, the country's fruit and nut exports were at $113 million per year, but according to an estimate could grow to more than $800 million per year in 10 years given sufficient investment. Afghanistan is known for producing some of the finest fruits and vegetables, especially pomegranates, apricots, grapes, melons, and mulberries. Wheat and cereal production is Afghanistan's traditional agricultural mainstay. National wheat production in 2010 was 4,532 metric tonnes (MT). The overall agricultural production dramatically declined following four years of drought as well as the sustained fighting and instability in rural areas. Soviet efforts to disrupt production in resistance-dominated areas also contributed to this decline. Furthermore, since 2002 more than 4 million refugees returned to Afghanistan. Many of these former refugees are now involved in the farming industry. Some studies indicate that agricultural production and livestock numbers may only be sufficient to feed about half of the country's population. Shortages are exacerbated by the country's limited transportation network, which is currently being rebuilt. A report by the Food and Agriculture Organization (FAO) states that Afghanistan was nearing self-sufficiency in grain production. The availability of land suitable for grazing has traditionally made animal husbandry an important part of the economy. There are two main types of animal husbandry: sedentary, practiced by farmers who raise both animals and crops, and nomadic, practiced by animal herders known as Kuchis. Natural pastures cover some 7,500,000 acres (30,000 km2) but are being overgrazed. Oxen are the primary draft power and farmers often share animals for plowing. Poultry are traditionally kept in many houses, mostly in rural households. 4.4.4 Forestry Afghanistan's timber has been greatly depleted. Since the mid-1980s, only about 3% of the land area has been forested, mainly in the east. Significant stands of trees have been destroyed by the ravages of the war. Exploitation has been hampered by lack of power and access roads. Moreover, the distribution of the forest is uneven, and most of the remaining woodland is only found in the Kunar, Nuristan and the Paktia regions in the east of the country. 15 4.0 LEGAL AND POLICY FRAMEWORK FOR RESETTLEMENT This chapter describes the legal and policy framework pertinent to the design and implementation of the RPF. The first section discusses the applicable Afghan laws and policies. The second section summarizes the World Bank Policy on Involuntary Resettlement (OP 4.12). 4.1 National Regulatory and Policy Framework There is no country-specific resettlement policy in Afghanistan. The critical regulatory instrument in the country to deal with the process of land expropriation, acquisition and compensation is the Law on Land Expropriation (2009). Other key legislation and policies influencing the development of the RPF are: i) Law on Managing Land Affairs (2008); ii) Afghan Land Policy (2007); and iii) Constitution of Afghanistan (2004). The next four subsections summarize, respectively, the relevant content of the above legal and policy instruments, focusing on the Law on Land Expropriation (2009) because of its relevance and explaining its implications for the implementation of the Project. 4.1.1 Law on Land Expropriation (2009) This Law on Land Expropriation (2009) stipulates the provisions governing the expropriation or acquisition of land for public interest purposes, such as the construction of public infrastructure or the acquisition of land with cultural or scientific values, land of higher agricultural productivity and large gardens. The Law contains, inter alia, the following key provisions: 1. 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 (Article 2). 2. The acquisition of a plot, or part of it, should not prevent the owner from using the rest of the property, or hamper its use. If this difficulty arises, the whole property will be acquired (Article 4). 3. The right of the owner, or land-user, will be terminated three months prior to the start of civil works on the project and after the proper reimbursement to the owner, or person using the land, has been made. The termination of the right of the landlord, or the person using the land, would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Article 6). 4. 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 (Article 8). 5. The value of land depends on the category and its geographic location (Article 11). 16 6. 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 (Article 13). 7. 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 (Article 15). 8. The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Article 16). 9. 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. 10. Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a “committee” consisting of the following persons:  The landlord or person who uses the land or their representatives.  An official representative of agency who needs to acquire the land (i.e., MCIT).  A representative of the local municipality.  A representative of Ministry of Finance.  A representative of Ministry of Justice. 4.1.1.1 Implications of the Law on Land Expropriation (2009) for the Project As explained in Section 6.3, Chapter 6.0, it is not anticipated that the Project will generate the displacement of people, physical structures or productive activities. Rather, it is foreseen that the Project may have a very limited impact on some productive assets, in particular agricultural crops and fruit trees, as well as some ornamental assets, such as plants and trees. In addition, the Project may temporarily impede access to commercial and institutional establishments, and to residential buildings. In this sense, since expropriations will not be necessary, the applicability of the Law to the Project will be very narrow, circumscribed to the payment of compensation for the impact on productive and ornamental assets, as stipulated in Article 8. This Resettlement Policy Framework addresses all issues dealing with compensation. 4.1.2 Law on Managing Land Affairs (2008) The Law on Managing Land Affairs seeks to create a legislated unified, reliable land management system. This law also aims to provide: i) a standard system for land titling; ii) land segregation and registration; iii) the prevention of illegal land acquisition and distribution; iv) access to land; and v) conditions for the appropriation of land. This Law is currently under revision with amendments being reviewed by the Ministry of Justice. If approved, amendments may have implications for compensation in terms of expanded recognizable claims. Its key provisions are, inter alia: 17 1. The Law on Managing Land Affairs establishes that the management of land ownership and related land management affairs is the responsibility of the Ministry of Agriculture, Irrigation and Livestock (MAIL) (Article 4). However, in June 2013, the Afghan Independent Land Authority (ARAZI) was established as a separate agency, and the mandate for land administration and management transferred from MAIL to ARAZI. 2. If no title deeds are possessed, a land settler may claim land ownership providing conditions are met, which include the following: i) there are signs of agricultural constructions; ii) land owners bordering the said plot can confirm settlement of the land user for at least 35 years; and iii) the land is not under Government projects and is up to a maximum 100 Jeribs (Article 8). 3. A provincial-level Land Settlement Commission will be established to better manage field activities and overcoming problems relating to implementation of the land settlement activities. This Commission is made up of the Provincial Governor; a representative of the Appeal Court; the Head of Ministry of Agriculture, Irrigation and Livestock; the Head of Ministry of Energy and Water; the Land Management Department; and the Department of Geodesy and Cartography (Article 20). 4. The State may appropriate land under a project for permanent use by state departments and institutions (Article 21), whilst land in built-up or under residential structures should be appropriated by the relevant Departments and not the Land Settlement Commission (Article 22). 5. Several Articles, including 23, 81 and 89, provide for dispute settlement in the courts. However, Article 23 also stipulates that the legal court settlement can be resorted to only after attempts to redress grievances with the settlement commission have failed. Article 25 recognizes the possibilities of customary ownership of land, water (Kariz) and other similar community-linked endorsements like by elders, tribal leaders and tribes, etc. 4.1.3 Afghan Land Policy (2007) This comprehensive Policy was approved by the Cabinet in 2007, but is not under implementation yet. Important relevant provisions include: 1. Land Tenure/Land Acquisition: i) the Land Policy provides that compensation for the expropriation of ownership or of rights over land, as enshrined in the Constitution, be strictly enforced by law, underscoring that property rights may only be expropriated under defined legal procedures and for defined legal purposes; ii) it also provides that no law may permit arbitrary deprivation of property rights, establishing that in the event that the government decides to implement a development project in the interest of the public, the value of the land prior to the announcement of the expropriation will form the basis for the amount of monetary compensation to the owners of the property. 18 2. Protection of Property Rights is included within the Land Policy. It states that it is a national policy for the national and provincial governments to take measures to protect citizens, including residents of informal settlements, from arbitrary and forcible eviction. Eviction and relocation of unplanned settlement residents shall be undertaken with community involvement only for necessary spatial rearrangement that should take effect in accordance with the public‟s interest. Compensation for expropriation of rights over land must be provided equitably in accordance with the law. 4.1.4 Constitution of Afghanistan (2004) It contains some articles that relate specifically to compensation and resettlement issues. These include Article 40, which states that no one‟s property shall be confiscated without the order of the law and decision of an authoritative court, and that acquisition of private property shall be legally permitted only for the sake of public interests and in exchange for prior and just compensation. 4.2 World Bank Policy on Involuntary Resettlement (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. If involuntary resettlement is not properly mitigated, it creates severe economic, social and environmental problems in the project area. People face impoverishment when their productive sources are lost and they are relocated to such environment where their productive skills are not properly utilized, the competition for resources is increased and the community institutions and local networks are weakened. Where it is not feasible to avoid resettlement, these activities should be conceived and executed as a sustainable development program. Displaced persons should be properly consulted and should have opportunities to participate in planning and implementing resettlement programs. The fundamental principles of OP 4.12 are: 1. Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. 2. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. 3. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 4. Lack of title would not bar the affected population from resettlement and compensation benefits. 19 5. Compensation for losses will be delivered at replacement costs. 6. Compensation payments must be delivered before taking possession of the required assets. 4.2.1 Steps in Application of OP 4.12 Following the guidance provided in OP 4.12, this RPF adopts the following three steps in the application of this Operational Policy: 1. Avoidance of acquisition to the extent possible. 2. Preparation of an Abbreviated Resettlement Plan (ARP) for each OFC Network subproject and adequate dissemination of each Plan. As explained in Section 6.4, Chapter 4.0, the anticipated resettlement impacts of the OFC Network subprojects are likely to be minor according to the definition set forth in OP 4.12, since “…the affected people are not physically displaced and less than 10 percent of their productive assets are lost (OP 4.12, p. 7). In these instances, an Abbreviated Resettlement Plan (ARP) is applicable and the Project will require the preparation of an ARP for each of the OFC Network subprojects.  Principles for design and implementation of ARPs.  Content of ARPs. 3. Implementation of ARPs. Chapter 11.0 details each of the above steps. 20 5.0 APPLICABLE WORLD BANK SAFEGUARD POLICIES The Digital CASA Afghanistan Project is classified as Category B in the World Bank “Combined Project Information Documents/Integrated Safeguards Data Sheet (PID/ISDS). Concept Stage”, indicating that moderate and minor negative environmental and social impacts and risks are anticipated. Table 5.0 identifies the World Bank safeguard policies triggered by the Project and explains why. Table 5.0 Applicable World Bank Safeguards Policies Safeguard Triggered? Explanation Policies Environmental Yes Two-thirds of the Digital CASA budget (i.e., USD 60 million) will go towards financing the Assessment implementation of Component 1 (Supply Side, Digital Connectivity). Of all of the activities OP/BP 4.01 included in this Component, only those involving physical works are likely to generate negative environmental and social impacts and risks of note. Specifically, these activities are: i) financing and operation of regional backhaul optical fiber networks; and ii) deployment of high capacity, domestic fiber-optic networks. It is anticipated that the adverse environmental and social impacts and risks of the subprojects included in the two activities mentioned above, involving the development of Optical Fiber Cable (OFC) Networks, are likely to be of minor to moderate magnitude, with predominance of the former; localized; temporary; reversible; and easily avoided, managed or mitigated with commonly available measures. The separate Environmental and Social management Framework (ESMF) for the Project conducts an analysis of the potential environmental and social impacts and risks of the Project, and contains a detailed procedure and corresponding instruments to asses and manage anticipated impacts and risks. Natural No All Project activities will take place within the right of way of existing or planned roads, Habitats OP/BP and existing building structures and offices. In case the construction of new 4.04 telecommunications complexes is necessary, these structures will be built on public land plots belonging to the Ministry of Communications and Information Technology (MCIT) or the Afghanistan Telecom Regulatory Authority (ATRA) in consolidated urban or rural areas. Therefore, the Project will not intervene natural habitats. Forests OP/BP No Based on the explanation provided in the previous row, the Project will not be implemented 4.36 in forested areas. Pest No The Project does not require the use of pesticides. Management OP 4.09 Physical No The excavations required to open trenches for the laying of optical fiber cables will take Cultural place within the right of way of existing or planned roads. This approach avoids the need to Resources excavate relatively undisturbed areas where physical, cultural or historical sites, resources, OP/BP 4.11 structures, remnants or artifacts may be present. However, in order to ensure that appropriate measures are taken in case physical works take place in the proximity of physical cultural resources, the ESMF includes a Chance Find Procedure. Indigenous No There are no indigenous peoples settled in the area of implementation of the Project. Peoples OP/BP 4.10 Involuntary Yes The excavation and backfilling operations required to install underground optical fiber Resettlement cables may lead to the partial loss of productive assets (agricultural crops and fruit trees), OP/BP 4.12 partial loss of ornamental vegetation, and temporary limitation of access to commercial and 21 Safeguard Triggered? Explanation Policies institutional establishments, and to residential properties. This Resettlement Policy Framework addresses these impacts, and provides guidelines and procedures for the preparation of Abbreviated Resettlement Plans (ARPs) that will be required for Optical Fiber Network subprojects. As explained in Section 6.4, Chapter 4.0, the anticipated resettlement impacts of these subprojects are likely to be minor according to the definition set forth in the World Bank Operational Policy on Resettlement (OP 4.12), since “…the affected people are not physically displaced and less than 10 percent of their productive assets are lost (OP 4.12, p. 7). In these instances, an ARP is applicable. Safety of Dams No The Project does not involve the construction, rehabilitation or upgrade of dams. OP/BP 4.37 Projects on No The Project will not be implemented on international waterways. International Waterways OP/BP 7.50 Projects in No The Project will not be implemented in disputed areas. Disputed Areas OP/BP 7.60 22 6.0 NEED FOR RESETTLEMENT POLICY FRAMEWORK (RFP) FOR DIGITAL CASA This chapter develops the rationale for preparing an RPF for the Digital CASA Afghanistan Project based on the potential environmental and social impacts and risks that the implementation of the Project poses, as well as the requirements of the World Bank Operational Policy on Involuntary Resettlement (OP 4.12). The first section identifies the Project components likely to generate impacts and risks, and pinpoints the activities within them that are the potential sources of those impacts and risks. The second section describes the activities of concern from the environmental and social point of view. The third section identifies the potential positive and negative impacts and risks of the Project, focusing on those dealing with compensation for partial loss of assets and temporary limitation of access to commercial and institutional establishments and to residential buildings. The fourth section justifies why the RPF is the appropriate resettlement instrument for Digital CASA. 6.1 Project Components and Activities that Raise Environmental and Social Concerns Two-thirds of the Digital CASA budget (i.e., USD 60 million) will go towards financing the implementation of Component 1 (Supply Side, Digital Connectivity). Of all of the activities included in this Component, only those involving physical works are likely to generate negative environmental and social impacts and risks of note. Specifically, these activities are: 1. Financing and operation of regional backhaul optical fiber networks, which may include connecting Afghanistan with China through the Wakhan Border, and strengthening links with other neighboring countries such as Tajikistan, Uzbekistan and Turkmenistan. 2. Deployment of high capacity, domestic fiber-optic networks, including the nine provincial capitals that remain to be connected and select rural areas of the country. The next section of this chapter describes the Optical Fiber Cable (OFC) Networks initially proposed under Component 1 and the civil works associated with their implementation. The remaining activities comprising Component 1 involve financing the creation, expansion and strengthening of internet services, such as the pre-purchase of internet bandwidth for Government usage, the establishment of a Government Network (GovNet) and investments in national and regional internet exchange points. Since all of these activities will take place in already existing building structures, no new building construction is necessary. These activities consist of technically simple operations of very modest scale, such as the installation, upgrade and connection of equipment, software, peripherals, cabling, electricity supply, etc. 23 The activities included in Component 2 (Demand Side, Digital Society and Economy), which aims to encourage greater and more productive use of enhanced internet connectivity by government, businesses and citizens, will not require the construction of new physical structures and also involve technically simple operations of very modest scale, such as the installation, upgrade and connection of equipment, software, peripherals, cabling, electricity supply, etc. From the environmental and social point of view, the implementation of the activities of Component 1 that do not comprise civil works, as well as the activities included in Component 2, raises some concern regarding work site safety. In order to prevent work accidents and injuries to workers, the implementation of these activities requires technically capable and trained personnel to perform the assigned tasks, according to safe work procedures with the appropriate equipment in a safe working environment. These measures are part of the mitigation approaches and techniques contained in Annex III to the accompanying report to this RPF, the Environmental and Social Management Framework for Digital CASA Afghanistan Project. Components 3 (Enabling Environment) and 4 (Project Management) comprise activities such as technical assistance, capacity building and provision of equipment and software, among others, that do not raise environmental or social concerns. 6.2 Description of Component 1 Activities Involving Physical Works As indicated in the previous section, only the activities included in Component 1 whose execution require the implementation of civil works have the potential to produce adverse environmental and social impacts and risks. This section explains the OFC Networks initially proposed under this Component and the civil works involved in their development. 6.2.1 Proposed Optical Fiber Cable (OFC) Networks In order for Afghanistan to fulfill its objective to become a data hub for the CASA Region, it needs to strengthen the country‟s regional and domestic backbone connectivity through Optical Fiber Cable (OFC) Networks. The Backbone Networks of Afghanistan are already connected to networks in Tajikistan, Uzbekistan, Turkmenistan, Iran and Pakistan. Under the Digital CASA Afghanistan Project, it is planned to establish regional connectivity between Afghanistan and China via the Wakhan Border. For Afghanistan to become a data hub, capacities of systems and networks of the country and the CASA Region have to be improved, and many other redundancy routes need to be constructed in Afghanistan. Moreover, within Afghanistan, provinces that are not connected to the backbone need to be connected. Under the OFC projects undertaken in the country from 2006 to 2017, 25 out of 34 provincial capitals have been connected to the backbone. Under Digital CASA, the remaining 9 provincial capitals will also be connected. Overall, the OFC Networks initially proposed as part of the Digital CASA Afghanistan Project cover a total of 3,132 km of cable, consisting of 1,401 km to provide provincial connectivity and redundancy to the domestic network, and 1,731 km to provide network redundancy, specially for regional connectivity. Annex I provides details on the OFC Networks initially planned. It includes a map showing the existing OFC Network in operation, including the networks already operational under the ongoing World Bank-funded ICTDP, as well as the networks under 24 development funded under the ICTDP and anticipated to be functional in July 2017, and the planned networks to be developed under Digital CASA. Further, Annex II contains a table specific to Digital CASA, indicating the initially proposed cable routes and their lengths, the provinces and districts within them to be connected, and the type of roads along which the cables will be laid and whether the roads are built or under construction. 6.2.2 Scope of Work Based on the experience with the Information and Communications Technology (ICT) Sector Development Project (ICTDP), slated for completion in Afghanistan in July 2017 under funding from the World Bank, as well as on standard international technical specifications for the development of ICT projects, the implementation of projects in the ICT sector usually requires two different types of contract, one covering the supply, installation and commissioning of ICT equipment, and the other concerning the Outside Services Plant (OSP). This section focuses on the second type of contract, since the construction works associated with the OSP are the most likely to generate negative impacts and risks under Digital CASA. The negative impacts and risks related to the supply, installation and commissioning of ICT equipment consist mostly of worksite health and safety issues, which are considered in Annex III to the ESMF Report. This Annex deals with the anticipated impacts and risks of the Project, as well as their mitigation. The typical scope of work related to an OSP contract comprises in general the supply, installation, testing, commissioning and maintenance of the OSP and other related goods and equipment. It usually includes the supply, laying, jointing, testing and termination of optical fiber cables from the areas to be serviced to the Digital Distribution Frame (DDF), in order to connect these areas to an existing optical fiber cable backbone. More specifically, the above scope of work consists of the following activities, among others, all of which must be implemented in accordance with established technical specifications:  Performance of a comprehensive engineering survey along each route assigned to the Contractor.  Execution of civil works for trenching, provision of conduits and laying of cable in conduits. Backfilling of trenches, and supply and installation of marker posts for identification of routes.  In addition to the above, civil works may include the construction of a separate new telecommunications compound, which may involve the construction of an access road from the main road to the compound, in addition to physical structures to house telecommunication equipment, perimeter security, etc.  Supply of fiber cable, jointing and installation materials.  Supply and installation of the following materials: warning tapes, manholes, hand holes, fiber glass covers, pipes (High-Density Polyethylene – HDPE, Polyvinyl Chloride – PVC and/or Galvanized Iron – GI), spacers, couplers, etc.  Splicing/jointing of optical fiber cable along each route.  Testing and commissioning of each optical fiber link between districts nodes and provincial nodes. 25 Based on discussions with technical staff at the PMO, it is likely that the technical specifications for the laying of optical fiber cable for Digital CASA will be essentially the same as those used for the ICTDP. A summary of the method statement for the laying of the duct buried optical fiber cable is as follows: 1. Preparation for the excavation of trenches. After studying the route plan and the route, the following steps shall be taken before the actual excavation work commences:  Local authorities shall be informed.  All the required materials shall be on site.  Diversion of traffic shall be organized where necessary.  A line shall be marked on the ground, with a string or marking compound, where the excavation is to be carried out. The trench shall be 1 meter (m) inside from the extreme edge of Right of Way (ROW).  All existing services shall be located. 2. Excavation of trenches in normal soil:  In normal soil, the trench shall be excavated to a depth of 1.6 m; the trench shall be graded to enable the cable to be laid on an even plain. The width of the trench shall be 60 centimeters (cm) at the top and 55-60 cm at the bed. The depth reference for the trench shall be taken from the road surface or the normal earth surface level, whichever is lower.  For metro networks, install 2 x 40 millimeters (mm) HDPE conduits (one for the long haul cable, one for future use) with proper spacer to keep both pipes separated or, in place of the HDPE, install Vikimatic Maxcell Fiber flow 4” 3 cell inner-ducting material into the 4” Schedule 40.  For Long-Haul (LH) networks, 2xHDPE pipe shall be directly placed in the trench.  The Schedule 40 inner-ducts must conform to standard C.I.S. 4-86, which is a standard specification for corrugated inner-ducts produced to I.P.S. dimensions.  A bed of soft soil of 15 cm deep shall be laid along the bottom of the trench and HDPE pipe shall be placed at the center of the trench and shall be compacted.  A soft soil bed 15 cm deep shall be provided above the cable and shall be compacted. 3. There will be locations along the route where soil has been heaped or removed in the line of excavation. In such affected areas, the following procedure shall be applied:  Where soil is heaped for a distance less than 10 meters, it shall be graded to normal ground level (road surface) of the trench mound to achieve 1.6 meters depth measured from the normal ground level (road surface). The method statement for the laying of optical fiber cable synthesized above contains procedures for the more general tasks and field conditions, but it logically also includes procedures for specific situations not reproduced above. Among the latter are procedures for the following: i) excavations in sandy soils and water logged areas; ii) when the soil has been heaped or removed in the line of excavation beyond 10 meters and when there is a trough instead of a heap; iii) laying of cable in standing water areas; iv) reinstatement of eroded areas after excavation; v) river crossings; vi) rainwashable areas; and vii) slope crossing. 26 During the implementation of the ICTDP, a technique not mentioned in the method statement summarized above called “boring” in Afghanistan is used in some instances for the installation of optical fiber cable, and it also might be used in the execution of Digital CASA. Although in the implementation of the ICTDP a horizontal drilling machine is usually used in this trenchless method of cable installation when trenching is not practical, such as in built-up urban areas with high density land uses or when there is a need to bury the cable to cross a heavily-used road, sometimes boring is performed manually with very basic tools such as picks and shovels. The latter form of horizontal directional boring poses serious safety and health hazards associated with working in confined spaces. Annex III to the ESMF Report, which deals with anticipated impacts and risks of the Project and their mitigation, includes measures to address the safety and health hazards of manual boring. According to PMO‟s technical staff, and as described in the documentation about Digital CASA cited in Chapter 2.0 containing a description of the Project, the laying of the fiber optic cable will take place within the ROW of existing roads, as well as roads under construction. In addition, when there is an overhead power transmission line running in parallel with the Digital CASA optical fiber cable, or the add and drop point is the same for both networks, then the existing Optical Ground Wire (OPGW)4 on top of the power line will be used as a backup route for the Digital CASA OFC network. For instance, if there is a single OFC route, the OPGW will be the second route; if there are two OFC routes, the OPGW will be the third redundant or backup path. However, the ROW of the electrical transmission lines will not be used for laying the Digital CASA OFC, only the ROW of roads will be utilized for this purpose. 6.3 Potential Environmental and Social Impacts and Risks of Digital CASA The overall Project impacts are anticipated to be mostly positive. The positive impacts are expected to be significant and widespread. Annex III to the ESMF Report summarizes the potential positive impacts of each of the Components of the Project. Several Project features, as well as the approach to the implementation of civil works,5 will greatly reduce the potential to generate significant and moderate negative impacts and risks. In specific terms: 1. The World Bank has classified the Project as Category B from the environmental and social point of view, indicating that only minor to moderate negative impacts and risks are anticipated. The Project will not finance activities likely to generate significant negative environmental or social impacts and risks such as, among others, the intervention of natural, protected or environmentally sensitive areas, or major dislocations of people, economic activities, productive assets or physical structures. 4 “OPGW is primarily used by the electric utility industry, placed in the secure topmost position of the transmission line where it „shields‟ the all-important conductors from lightning while providing a telecommunications path for internal as well as third party communications. Optical Ground Wire is a dual functioning cable, meaning it serves two purposes. It is designed to replace traditional static / shield / earth wires on overhead transmission lines with the added benefit of containing optical fibers which can be used for telecommunications purposes” (www.aflglobal.com/Products/Fiber-Optic-Cable/OPGW.aspx). 5 Based on discussions with PMO technical staff, MCIT plans to follow in the implementation of construction activities for Digital CASA the approach used in the development of the ICTDP. 27 2. The installation of optical fiber cable will take place exclusively within the right of way of existing and future roads.6 This means that there will be no need to intervene undeveloped areas, thus avoiding some of the potential impacts associated with infrastructure projects such as, among others, removal of vegetation; interruption of hydrological regimes; loss, fragmentation or degradation of terrestrial habitats and species, and severance of animal migration routes and pathways; induced impacts associated with the construction of access roads; and displacement of or damage to physical, cultural and historical sites, resources, structures, remnants and artifacts. 3. The Project does not include the erection of poles or towers, which avoids the likely impacts associated with these structures such as, among others, vegetation removal, erosion and sedimentation, visual landscape degradation, bird collisions and exposure to electromagnetic fields. 4. With the exception of new provincial telecommunications compounds, the Project does not involve the construction of new building structures, since the operations required to expand, upgrade, rehabilitate or update ICT equipment, software, peripherals, systems, etc. in order to extend and increase the efficiency of ICT networks will take place in already existing buildings. The construction of new telecommunications compounds will take place on available public lands, thus avoiding the need to expropriate private lands and displace residents. 5. The civil works necessary for the laying of optical fiber cable consist of, in general, very simple operations from the technical point of view, comprising the excavation, backfilling and compaction of trenches, and the installation of cables in conduits. In addition, these works require very basic machines and tools, such as backhoes, shovels, picks, etc. Further, the trenches are modest in dimension (1.6 m deep and 60 cm wide), thus greatly reducing the community and workplace health and safety risks associated with excavations. 6. There will be no construction camps or construction plants (i.e., concrete batching, stone crushing, cement mixing or asphalt plants). This is so because of, on the one hand and as explained above, the relatively small magnitude of the civil works, workforce and demand for construction materials7 and, on the other, the approach to cable laying consisting of completing all the required work in about three days for a one-kilometer stretch and then moving to the next one-kilometer stretch for the same period of time. This will result in the avoidance of the environmental and social impacts and risks associated with site selection, construction, operation and closeout of construction camps, as well as site selection, installation, operation, maintenance and dismantling of construction plants. Some of these impacts and risks may be moderate to significant if not managed adequately (e.g., development of construction camps in natural areas or close to watercourses that may impact 6 The rights of way of other infrastructures such as electricity transmission lines, or service or utility pipelines (gas, oil, water, etc.) will not be used for cable laying purposes. 7 Food and lodging for workers will be obtained from the communities where the works are underway. Construction vehicles and trucks will be serviced and repaired at local shops. Construction materials will be purchased locally when available. 28 flora and fauna species of high ecological value, inadequate handling of hazardous wastes that may lead to spills and contamination of soils and water bodies, operation of construction plants not well maintained that may generate excessive levels of noise and gas emissions, etc.). Based on the above, it is anticipated that the adverse environmental and social impacts and risks of Digital CASA are likely to be of minor to moderate magnitude, with predominance of the former; localized; temporary; reversible; and easily avoided, managed or mitigated with commonly available measures. The potential negative impacts and risks of the Project are:  Soil erosion.  Water and soil pollution, and landscape degradation.  Air pollution.  Noise and vibration.  Traffic congestion, creation of hazardous driving conditions and obstruction of access.  Interruption of water, telephone or internet services.  Occupational health and safety hazards.  Community health and safety.  Partial loss of productive assets; and temporary limitation of access to commercial and institutional establishments, and to residential properties.  Accidental encounter of mines or unidentified explosive objects. Annex III to the ESMF Report provides a brief description of each of the above impacts and risks, and identifies suitable mitigation measures to address them. 6.4 Justification for RFP and ARPs As established in the World Bank Operational Policy on Involuntary Resettlement (OP 4.12), “The purpose of the policy framework is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to subprojects to be prepared during project implementation. Subproject resettlement plans consistent with the policy framework subsequently are submitted to the Bank for approval after specific planning information becomes available” (OP 4.12, Annex A, p. 4) At the present stage of preparation of the Digital CASA Afghanistan Project, the development of a Resettlement Policy Framework (RPF) is the appropriate resettlement instrument for the Project. This is so because the location, cost, technical characteristics and design for the subprojects dealing with the regional and domestic Optical Fiber Cable (OFC) Networks of Component 1 of the Project have not been defined. These subproject details will be developed during the implementation phase of Digital CASA. As explained above, the only activities that raise environmental and social concerns are those involving physical works included in Component 1. Specifically, these activities are: 29 1. Financing and operation of regional backhaul optical fiber networks, which may include connecting Afghanistan with China through the Wakhan Border, and strengthening links with other neighboring countries such as Tajikistan, Uzbekistan and Turkmenistan. 2. Deployment of high capacity, domestic fiber-optic networks, including the nine provincial capitals that remain to be connected and select rural areas of the country. Among the anticipated environmental and social impacts and risks of the subprojects included in the two OFC Networks mentioned above are the partial loss of productive assets (agricultural crops and fruit trees), partial loss of ornamental vegetation, and the temporary limitation of access to commercial and institutional establishments and to residential buildings, both resulting from excavation and backfilling operations required to install underground optical fiber cable. The above impacts are likely to be minor according to the definition set forth in OP 4.12, since “…the affected people are not physically displaced and less than 10 percent of their productive assets are lost (OP 4.12, p. 7). In these instances, an Abbreviated Resettlement Plan (ARP) is applicable and the Project will require the preparation of an ARP for each of the OFC Network subprojects. This RPF is aligned with other RPFs approved through the World Bank-funded Afghanistan Reconstruction Trust Fund, which is the entity through which the Project Preparation Grant (PPG) Application for the development of Digital CASA was submitted to the International Development Association, a member of the World Bank Group. This ensures consistency in the RPFs across major World Bank-funded investment projects in the country. This RPF is consistent with both the applicable Afghan laws and policies related to land acquisition and compensation, and the World Bank OP 4.12. The guiding principles of this Framework are the following: 1. All Project-Affected Persons (PAPs) are eligible for compensation for losses resulting from Project interventions, irrespective of possession of title to land. However, for compensation for land, a title or some other acceptable evidence will be required. 2. All compensation will be at replacement value. 3. All stakeholders, particularly PAPs, will be consulted and consultation will be an on-going activity throughout Project implementation. 30 7.0 ELIGIBILITY FOR COMPENSATION8 The three sections that make up this chapter detail, respectively, the general eligibility for compensation, land tenure and corresponding compensation entitlements, and the entitlements to compensation and livelihood restoration. 7.1 General Eligibility General eligibility is defined as: “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project, as of the formally recognized cut-off date, will be considered as Project-affected persons (PAPs)”. For 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 by the sub-projects. Although it is not anticipated, as discussed above, that any PAPs will be entitled to compensation or rehabilitation on the grounds that they are losing a substantial amount of land under the Project, it is as well to set out the full picture on which PAPs could be included and what they are entitled to under the Project, as follows:  All PAPs losing land, with or without title, formal land-use rights, or traditional land use rights;  Owners of buildings, crops, plants, or other objects attached to the land; and  PAPs losing business, income and salaries. Compensation eligibility will be limited by the cut-off date. MCIT will inform local communities regarding this cut-off date, through their local offices and through the relevant local government agencies. Those that settle after the cut-off date will be given sufficient advance notice to vacate premises/dismantle affected structures, prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions. 7.2 Land Tenure and Compensation Entitlements Although, once again, it is not anticipated that any PAPs will lose a part of their land, this RPF still defines categories of PAPs in relation to land loss as a precaution in case this impact materializes. Given the technical characteristics of the Project, in case a loss of land occurs, it would be only a partial loss on a very limited in scale. The following categories of the PAPs will be entitled for compensation for loss of land: 1. Legal Title Owners: Owners having written evidences of land ownership under the formal system of property rights, including deeds, or legal documents with copies in the Court 8 This chapter follows closely the following source: Islamic Republic of Afghanistan. Ministry of Rural Rehabilitation and Development (MRRD) and Independent Directorate of Local Governance (IDLG). August 2016. Environmental and Social Management Framework (ESMF) for the Citizens’ Charter Afghanistan Project (CCAP). 31 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. 2. Titles with Customary documents: Owners having documents recognized by both official and customary law as giving rise to ownership rights. 3. Occupiers of Land for a long period: Persons who, with oral and other evidence with probative value, can prove that they or their family have been in occupation of the land for at least 35 years. 4. Other Occupants of land: Limited to only those persons who have had open, continuous and interrupted possession of land over a very long time, which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. The following categories of persons will NOT be entitled for compensation for loss of land: 1. Other occupants of lands, or squatters: Persons outside of the classifications of legal ownership and occupancy, or possession, mentioned above, will not be entitled for compensation for the lands that they occupy, but will be compensated for the permanent improvements or structures they may have introduced or built in the affected lands before the cut-off date. 2. Encroachers: “Persons who extend their property beyond that for which they hold a title are encroachers and would not be eligible for compensation for land for which they do not possess a title”. 7.3 Entitlements to Compensation and Livelihood Restoration The PAPs in the Project are entitled to various types of compensation and resettlement assistance that will assist in the restoration of their livelihoods, at least to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All PAPs are equally eligible for cash compensation and rehabilitation assistance (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, etc.) as detailed below: 1. Loss of Agricultural land: Compensation at replacement value of land in cash, based on current market rates. The rural and urban (if applicable) Community Development Councils (CDCs) will shoulder all transaction costs such as fees, taxes, and other charges, as applicable under relevant laws. 2. Severe Agricultural Land Impacts: In case of a PAP losing more than 10% of his/her total agricultural landholding, PAPs (owners and other occupiers defined as eligible herein), in addition to the compensation explained above, will be entitled to get an additional amount for severe impacts, equal to the market value of a year‟s net income crop yield of the land lost. 32 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. 3. 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. 4. Loss and damages to houses, buildings, structures and settlement utilities: These impacts will be compensated in cash at replacement cost, free of depreciation, salvaged materials valuation committee estimating the compensation rates for the subprojects. 5. Income from crops losses: In case of land being acquired with standing crops, the owner will be allowed to harvest the crop within the period, till such time the sub-project activity is not affected. In case of an urgent need and if the crop is being lost due to the construction related activity, the affected person will be compensated through cash compensation, at current market rates, for the full harvest of one agricultural season. 6. 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‟s income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years‟ investment they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates. 7. Business losses: In the absence of any substantial and verifiable system to calculate incomes of such small businesses in Afghanistan, the compensation for business losses cannot be ascertained. However these businesses will be entitled to compensation for any loss of asset similar to that described above. Such affected persons, or members of their families, will also be entitled to avail the capacity building and training opportunities made available to the others PAPs, as mentioned at 2 above. Shop owners losing their shops will be entitled to preferential allotment of shops in the proposed shopping arcades to be constructed. Construction of shopping arcades will be taken up by the contractor, prior to demolishing the existing shops. 8. Income losses for workers and employees: Such affected persons will also be entitled for the capacity building and training opportunities. The PAPs shall also be given priority in employment in project related activities. 9. House owners: House owners/renters who are forced to relocate their houses will be provided with a monthly relocation allowance for a period not exceeding 3 months, or until they move to an alternative accommodation, whichever is earlier. The monthly amount payable will be clarified in the RAP. 10. Community Structures and Public Utilities: Will be fully replaced, or rehabilitated, so as to satisfy their pre-project functions. 33 11. Vulnerable Households: Vulnerable people, for example female-headed household or disabled-headed households, will be given assistance in the form of a one-time allowance of three months minimum wages for vulnerable PAPs and priority in employment in project related activities. 12. Impacts on irrigation canals and any public facilities/resources: The project will ensure that any irrigation channels are diverted and that public facilities/resources are rehabilitated to previous standards. 34 8.0 UNIT COMPENSATION RATES AND BUDGET9 8.1 Establishing Rates for Land Acquisition and Resettlement As indicated in Section 4.1, Chapter 4.0, the Law on Land Expropriation refers to prompt and adequate compensation, but is silent on the details of compensation, has no specific provisions on resettlement and provides for the Council of Ministers to make decisions on compensation. These provisions fall some way short of what is required by OP 4.12. The Law does not forbid the development of detailed rules on compensation. Therefore, this RPF develops detailed rules on compensation and applies them to the Project. In order to comply with the World Bank‟s OP. 4.12, rates used to compensate for lost land and assets must be replacement cost at current market value, in order to meet the policy objective of “at least” restoring people‟s livelihoods and ensuring that people affected by a project are not left worse off. According to OP 4.12, “replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts will be made to establish access to the equivalent and culturally acceptable resources and earning opportunities. In the absence of any conclusion about the estimated land prices, this RPF provides guidance on the methods of valuation and, further, an Abbreviated Resettlement Plan (ARP) will be prepared for each subproject that may involve land acquisition before the beginning of civil works for the respective subproject. The budget would be part of each ARP, which would come forward once the RPF is accepted and PAPs definitively identified. Provision for funds will be made available for the resettlement costs as part of the budget for each subproject, including not only compensation to PAPs, but also other costs to be incurred throughout the process of development and implementation of ARPs. 8.2 Valuation of Land The location of the land influences the actual price per square meter: the nearer the land to a built- up area (e.g., a village), the higher the valuation and perception of the affected households. Hence, the valuation of the land is pegged on an average, the actual value depending on the nearness to a 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. 9 This chapter follows closely the following source: MRRD and IDLG, 2016a. 35 8.3 Valuation of Structures The classification of structures (temporary, semi-permanent and permanent) refers to the materials used in construction. The valuation of structures into classes 1 (mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double story building) will be determined after various consultations with some owners who recently built their houses, local contractors and some engineers in the government. 8.4 Valuation of Crops and Trees The estimation of valuation of crops is problematic because of a lack of reliable data in terms of yield. Hence, in computing crop losses, a combination of two 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 two main crops will be estimated for inclusion in each ARP. The compensation for productive trees is normally based on the gross market value of one year‟s income for the number of years needed to grow a new tree, with the productive potential of the lost tree. Non-productive trees are to be valued based on the multiple years‟ investment they have required. However, the fluctuation of the value of tree products is influenced largely by the supply and demand, and the absence of post-harvest facilities. Farmers are forced to sell tree crops during off-season months. The compensation rate for a fruit bearing tree is the average yield per tree, multiplied by the age of the tree. For the non-fruit bearing trees, the usual propagation method is grafting. Farmers buy these saplings and these are ready to be transferred in the fields after two years. On the fourth year for the tree, it starts to produce fruits. Hence, it is on this basis that the valuation of non-bearing fruit 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. 8.5 Livelihood Restoration Support 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. The most likely scenario for Digital CASA, based on previous resettlement and compensation experience in Afghanistan such as the National Solidarity Program, is that losses are minimal. PAPs will also be given first preference for employment opportunities on Project-related activities. 36 8.6 Matrix of Compensation Entitlements and Rates ELIGIBILITY CRITERIA FOR IDENTIFYING PAPs How to determine What are they What’s the Who is eligible eligibility and Comments eligible for objective compensation levels Landowners Loss of land 1. Official The aim of OP. As the matrix and rights to documentation 4.12 is to on the comparison land issued by, or on compensate all of the LLE and behalf of, the those who have OP government. lost „their‟ land. 4.12 above OP 4.12 goes shows, there is 2. Customary beyond technical nothing in LLE documents, i.e. rules of law or which prevents documents evidence which, in the approach of recognized by both part, are designed 4.12 being official and to bring disputes adopted here. customary law as over giving rise to land to an end and ownership rights. ensure security to 3. Oral and other title. OP 4.12 aims evidence with at simple and probative value that substantive justice: the claimant and “if you have been his/her family have on this land for a been in occupation long time and there of the land for at is good evidence of least 35 years. that then you should be 4. Open, compensated for continuous and losing it”. uninterrupted possession of persons over a very long time which effectively vests in them legal rights over the lands they occupy 37 ELIGIBILITY CRITERIA FOR IDENTIFYING PAPs How to determine What are they What’s the Who is eligible eligibility and Comments eligible for objective compensation levels through acquisitive prescription. Squatter Permanent Observance of The objective As above. improvements permanent here is to they have made improvements; compensate the to the land they questioning the squatter for have occupied squatter and expenditure on neighbors on when the land but not improvement for the value of made; consulting the land itself. maps and other relevant documents Agricultural Loss of income Cash A fair As above. tenants and compensation approximation of tenants of corresponding to loss of income. artisanal mines one year‟s crop yield of land lost. Sharecroppers Loss of income Their share of the As above. As above. harvest at market rates plus one additional crop compensation. House Costs of Relocation This is a very Not specifically owners/renters relocation to allowance of Afs standard element provided for in other 6,000 per months of compensation in LLE but nothing accommodation until suitable all systems. to stop it being accommodation paid. established, and assistance in identifying alternative accommodation 38 ELIGIBILITY CRITERIA FOR IDENTIFYING PAPs How to determine What are they What’s the Who is eligible eligibility and Comments eligible for objective compensation levels Loss of Replacement 1. Losses will be The aim is to This is already livelihoods by costs for all compensated at provide a an approach agriculturalists losses replacement value reasonable measure which has been in cash based on of compensation accepted in current market rates for loss of Afghanistan plus an additional. livelihoods but Indemnity for 3 on the assumption months as that PAPs will transitional make a go of livelihood things on their new allowance. land. It provides temporary relief. 2. When >10% of an AP‟s 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/commer Replacement Replacement value See above. The As above. cial land impacts costs for all in cash at current same reasoning losses market rates free applies. of deductions for transaction costs 39 ELIGIBILITY CRITERIA FOR IDENTIFYING PAPs How to determine What are they What’s the Who is eligible eligibility and Comments eligible for objective compensation levels Those who lose Replacement These impacts will See above. As above. or have buildings costs be compensated in damaged cash at replacement cost, free of depreciation, salvaged materials, and transaction costs deductions. Renters/leasehold- ers will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. Those who lose Replacement of These impacts will See above. As above. income from lost income be compensated crop losses through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. 40 ELIGIBILITY CRITERIA FOR IDENTIFYING PAPs How to determine What are they What’s the Who is eligible eligibility and Comments eligible for objective compensation levels Those who have Replacement of Income See above. As above. lost income from lost income replacement based loss of trees on types of trees lost. Those who have Replacement of Compensation for See above. As above. suffered business lost income business losses losses will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance. Those who have Replacement of Compensation, See above. As above. suffered loss of lost wages for a based on actual wages limited period income loss for time duration until income source. Vulnerable Additional Vulnerable people This is a As above. households compensation (PAPs below the recognition that over and above poverty line, female those classified strict loss of headed household, as vulnerable income disabled- headed households will households, etc.) likely suffer losses will be given over and above assistance in the income loss and form of a one-time will find it allowance for especially hard to vulnerable PAPs get started equivalent to three again somewhere months minimum else. wages and priority in employment in project-related jobs. 41 ELIGIBILITY CRITERIA FOR IDENTIFYING PAPs How to determine What are they What’s the Who is eligible eligibility and Comments eligible for objective compensation levels Transitional Disturbance PAPs forced to This is a As above. living allowance compensation relocate will standard head of for PAPs forced to receive a compensation in relocate livelihood most systems of allowance for compensation. three months. Transitional livelihood allowance is computed based on the prevailing daily wage rate and the number of days‟ transition. 42 ESTABLISHING VALUATION RATES FOR ACQUISITION How is What is being Indicative valuation Input of PAPs Comments valued figures conducted Matters common Rapid appraisal; Yes, but not Budgets for None to all specific consultation with necessarily ARPs to be types of PAPs; decisive. developed. valuation information derived from census and from local authorities Land including Valuation of the Land values are so None. Land values are easements land is pegged far as possible dealt with after a on an average, determined on the fashion in the (rights of way) the actual value basis of „objective‟ LLE. The over land depending on the factors but it is not Council of nearness to a possible to ignore Ministers built up area. the assumptions of determines values Land prices are PAPs about land but there is a based on the values which do local process that district land play a part in valuation goes prices in the valuation. through. district government. 43 ESTABLISHING VALUATION RATES FOR ACQUISITION How is What is being Indicative valuation Input of PAPs Comments valued figures conducted Structures Structures may In the project from None. This approach be classified which these to structures (temporary, classifications are seems a good one semi-permanent based, they were to adopt. Some and permanent) arrived at after PAPs considered based on the various consultations that the length of materials used with some owners time a structure in construction. who recently build had been They may be their houses, local standing should classified into contractors and some affect value but class local civil engineers. this was not a 1(mud/brick/wo factor used in od walls, mud/tin valuation. roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double storey building). Crops In computing The unit price Valuation was crop losses, a for crop losses for problematic combination of a square meter of because of lack of four main crops land devoted to reliable data in was used to get the four main terms of yield. the average yield crops. The results of the and price. socio-economic survey were not reliable because the majority of the respondents were not aware of size of their land holdings. 44 ESTABLISHING VALUATION RATES FOR ACQUISITION How is What is being Indicative valuation Input of PAPs Comments valued figures conducted Trees Compensation During interviews The The same point for productive with PAPs on trees, compensation as above applies trees is based on it was pointed out rate for a fruit here too. the gross that the fluctuation bearing tree is market value of of the value of tree the average yield 1 year income for products was per tree times the the number of influenced largely by age of the tree. years needed to the supply and grow a new tree demand and the with the absence of post- productive harvest facilities. potential of the Fruit was sold when lost tree. all other farmers sold their fruit. In the off- Non-productive season, prices trees are valued were higher but few based on the farmers could store multiple years‟ their crops until investment they then. 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. 45 ESTABLISHING VALUATION RATES FOR ACQUISITION How is What is being Indicative valuation Input of PAPs Comments valued figures conducted Restoration of Cash No apparent input No figures can As noted in income compensation at from PAPs. But be given. column 3 this current market there may be may not be as 1. Crop losses rates for the full disputes between straightforward harvest of 1 owners and as it seems. agricultural sharecroppers Inter-AP season. In case of which officers from disputes may sharecropping, PMO might become erupt and the crop involved in. GRC called into compensation action. will be paid both to landowners and tenants based on their specific sharecropping agreements. 2. Business Compensation There will be an Permanent This is another losses for permanent issue of whether a business will area where business losses business is receive 6 months disputes could will be in cash permanent or compensation. arise but for the period temporary on which between those deemed Temporary offering and PAPs will wish to necessary to re- business losses those receiving be establish the will be paid for a compensation. consulted and have business. limited number their views taken Compensation of 3 months on board. for temporary business losses will be cash. 46 ESTABLISHING VALUATION RATES FOR ACQUISITION How is What is being Indicative valuation Input of PAPs Comments valued figures conducted 3. Income Indemnity for There may be No figures As above, but in restoration for lost wages for differences of because wages addition, there workers and the period of opinion as to what differ depending could be employees business counts as wages. on the work being disputes between interruption. done. employer and employee on wages which the project will have to arbitrate on. Income When >10% of Given the No figures There may be Restoration the agricultural problems of because the exact disputes which Allowance for land of a PAP is measurement of sums of money will need to be Severe affected, PAPs PAPs‟ holdings – involved will handled Agricultural will get an see above column depend on the use sympathetically. Land Impacts. additional 5 on crop losses – to which the land allowance for this may be difficult is being put. severe impacts to compute and equal to the careful negotiations market value of a with the PAPs will year‟s net income be necessary. crop yield of the land lost. 47 ESTABLISHING VALUATION RATES FOR ACQUISITION How is What is being Indicative valuation Input of PAPs Comments valued figures conducted Vulnerable Vulnerable There will need to A one-time Whether this group allowance people (PAPs be careful and allowance for will be seen as below the sympathetic vulnerable PAPs adequate will poverty line, consultation and and priority in depend on the female-headed negotiation with employment in income forgone. households, these PAPs. project-related disabled- jobs. headed households, etc.) will be given assistance. Transitional PAPs losing land Disturbance is a Compensation This will be livelihood or losing a standard head of for transitional done in the allowance house and compensation but it period. circumstances. forced to will need a relocate will willingness to be receive a flexible on rates as livelihood disturbance is not an allowance. objective matter. Rental allowance House renters Negotiations with 3 months‟ rent What the forced to PAPs central to the at the prevailing prevailing market relocate will operation of this market rate in the rent is will differ receive a rental head of project area. from place to allowance and compensation. place. As with will be assisted other in identifying heads of alternative „allowances‟ accommodation some flexibility must be built into the outcome. 48 9.0 INSTITUTIONAL ARRANGEMENTS 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 RPF. The primary institution involved in the resettlement and compensation process for the Project will be the Ministry of Communications and Information Technology (MCIT) through its Project Management Office (PMO) in a central coordinating role and its regional offices. In addition, the Contractor responsible for the implementation of each OFC Network subproject will be involved. The PMO, the MCIT regional office in the respective province where a given subproject will be implemented and the corresponding Contractor will plan and implement the resettlement and rehabilitation program, with each respective Contractor exercising key responsibilities in the design and execution of the corresponding ARP for the particular subproject under its implementation. 9.1 Overall Organization MCIT is the executing agency of the Digital CASA Afghanistan Project. Through the PMO, MCIT will be responsible for the overall policy level decision, planning, implementation and coordination of Project activities. The PMO will coordinate with other government agencies to resolve the following issues, as necessary: 1. 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 representatives from MCIT, the Ministry of Finance, and the Geology and Cartography Department. 2. Assets Valuation: Values of land and other assets for compensation are determined by the Council of Ministers under the Law on Land Expropriation on the basis of the principles set out in this RPF. The decisions are based on the recommendation of a committee consisting of the following persons:  The landlord or person who uses the land or their representatives.  An official representative of agency who needs to acquire the land (i.e., MCIT).  A representative of the local municipality.  A representative of Ministry of Finance.  A representative of Ministry of Justice. 9.2 ARP Implementation MCIT, through the PMO, will be responsible for the review, approval and coordination of each ARP, with support from the MCIT regional offices in the corresponding jurisdictions where subprojects are implemented. In particular, the Environmental and Social Officer at the PMO will have primary responsibility in the oversight of the implementation of and compliance with the RPF and ARPs. The MCIT regional offices will be responsible for coordinating activities in the field, including the organization of surveys, consultation meetings, and the fixing of specific compensation rates based on the principles set out in the RPF. 49 The preparation of ARPs will be the responsibility of each corresponding Contractor with support from the respective MCIT regional office. The physical delivery of compensation to the PAPs will be assigned to the respective MCIT regional office under the supervision of the PMO. As mentioned above, the PMO will coordinate with other government agencies to obtain all necessary clearances required to initiate and implement all compensation activities. The PMO will also be responsible for ensuring that all stages of the compensation process, including the determination and payment of compensation are fully documented, and that hard and soft copies of the records are kept in a safe and secure environment. 9.2.1 Local Governments The cooperation and coordination with local government units are vital in ARP implementation. These are the provincial government, district government, villages and local Community Development Councils (CDCs). Issues relating 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. In cases of disputes regarding land ownership, land records go through three offices at the district level: the District Administrator, the Revenue Collector and 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 with the local municipality will carry out the tasks of identifying the titles and verifying ownership. The Office of Wolaswal (the appointed District Head) is expected to play a coordinating role. 9.2.2 Gender Considerations It is appropriate to draw special attention to gender issues within the context of Project implementation. Women in villages have important, although varying, roles in agriculture, which is the main activity that will be encountered during Project implementation in rural areas. Factors such as absence of male family members from the village, ethnicity and local cultural norms affect women‟s role in agriculture. Using established community structures to involve women meaningfully in the Project will be a challenge and will need to be approached with renewed effort and imagination. Working with women can be done only with female staff. Women‟s CDC sub-committees should be explored as a possible vehicle for increasing women‟s participation in projects and especially in implementing ARPs. In the implementation of the Project, special attention will be paid to female-headed households, both those with and without land, as they are generally amongst the most vulnerable in communities and risk having their rights ignored. Although women‟s ownership of land is not widespread, it is important to ensure that their land rights receive equal recognition in the Project and in any resettlement activities. Thus, the PMO will have special responsibility to: 50  Ensure that MCIT uses women‟s CDC sub-committees, where required, to enhance outreach to women.  Revisit incentives in order to attract women to work in ARPs and in other capacities at regional level.  Ensure MCIT regional offices have female Social Organizers.  Ensure gender-disaggregation in compensation data (e.g., total number of families and people) in order to pinpoint how many women are likely to be affected by the Project and establish their pre-Project conditions.  Give special attention to the impact of resettlement on women and other vulnerable groups during monitoring and evaluation of the ARPs. 51 10.0 STAKEHOLDER CONSULTATION AND PARTICIPATION This section describes the mechanisms for public consultation process with the PAPs, disclosure of the RPF and corresponding ARPs through distribution of information material to create awareness among the PAPs regarding their entitlements, compensation payment procedures and grievances redress mechanism. 10.1 Public Consultation In addition to informal day-to-day meetings among PAPs, MCIT regional staff, and other stakeholders, the formal consultation process within the Project will be ongoing and will be managed by the PMO and MCIT regional offices through village meetings and public consultations with government officials. All these mechanisms and approaches will also be used during the collection of baseline data and census survey from the PAPs; and the preparation of ARPs and disclosure of ARPs to the PAPs, as explained below. 10.2 Community Meetings A series of community meetings will be held, where the census survey of displaced persons will be explained and later carried out. The aims and objectives of the Project and the respective subproject will be explained, as well as the need for processes and outcomes of any compensation. The village elders and stakeholders meetings will be scheduled based on the availability of participants. The PMO and respective Contractors will be responsible for conducting village consultations. In the census survey, the Project will list the names of the owners/users of assets likely to be acquired, temporarily used, or damaged, for which compensation will be payable and the respective Contractor will prepare an ARP for the corresponding subproject that will ensure that all these affected assets are justly compensated. The approved ARP 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. 10.3 Consultations with Government Officials and Other Stakeholders The PMO will meet with provincial and local officials to ensure that they are fully appraised about the Project, including the formulation and details on the implementation of ARPs. The PMO will coordinate with land valuation committees. There will be coordination with the district governors that have jurisdiction over the subproject areas, as well as village leaders. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders. 10.4 Preparation of Project-Specific Information Material Project-specific information materials will be prepared by the PMO and distributed to the PAPs to create awareness among them regarding their entitlements and compensation payment procedures and grievances redress mechanism. The materials will cover the following topics: 52  After approval of this RPF by the World Bank, it will be translated by the PMO into local languages and disclosed to the stakeholders, especially affected persons, through village meetings. The ARP for each respective subproject will be made available to the concerned district governments, village leaders, directly affected households and MCIT regional offices as an official public document. This RPF will also be disclosed on the MCIT website.  A summary of this RPF will be prepared specifically for disclosure purposes 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 become aware of the benefits/compensations to be made available for various types of PAPs. PMO and MCIT staff at regional offices will distribute the brochures through the village meetings and will explain the mechanisms and procedures of the consultation program and how PAPs will be engaged in compensation activities and the overall process.  A payment disbursement schedule – or preferably transfer of compensation to PAP‟s bank accounts, explaining the date, time and venue for disbursement of compensation payments to each PAP will be prepared in local languages and distributed to all PAPs. This will also be disclosed in the village meetings.  A package containing the following information material will be prepared for each PAP:  Inventory of PAP‟s losses.  Schedule for compensation payment disbursement explaining the date, time and venue for receiving payment.  Pamphlet/ brochure in local languages.  Grievance Redress Mechanism.  Any other relevant information to the PAP. 10.5 Disclosure The RPF will be disclosed to the PAPs through the village meetings, and informal interaction between the PAPs, and MCIT staff. After its approval by the World Bank, the following disclosure plan will be followed:  Provision of the RPF in local languages and English to PMO and MCIT regional offices, PAPs, provincial and district governments, other local and district level offices of the concerned agencies.  Disclosure of the RPF in village meetings.  Posting of the RPF on the MCIT website  Provision of information packets to all PAPs, as described above. Staff at the PMO and MCIT regional offices will again conduct meetings with local government units and other government agencies as part of the disclosure process to acquaint them of the substance and mechanics of the RPF. They will be responsible to return to the affected villages and communities once this RPF is approved and conduct disclosure exercises through village meetings and meetings with PAPs to ensure that affected households will be familiar with this Plan before the actual implementation commences. ARPs will be publically disclosed. 53 10.6 Procedure for Developing a Consultation Plan Annex II contains detailed formats for the preparation of a Consultation Plan. 54 11.0 STEPS IN APPLICATION OF OP 4.12 AND PREPARATION OF ARPs Following the guidance provided in OP 4.12, this RPF adopts the following three steps in the application of this Operational Policy: 1. Avoidance of acquisition to the extent possible. 2. Preparation of an Abbreviated Resettlement Plan (ARP) for each OFC Network subproject and adequate dissemination of each Plan.  Principles for design and implementation of ARPs.  Content of ARPs. 3. Implementation of ARPs. The following three sections detail, respectively, each of the above steps. 11.1 First Step: Avoidance of Acquisition to the Extent Possible The first step addressed by OP 4.12 is the avoidance of land acquisition and resettlement if possible. Land acquisition and resettlement should not be seen as the easy first option; rather, it should be seen as a last resort. A participatory consultative process following the guidelines included in Chapter 8.0 of this RPF will be implemented to allow the affected persons and other stakeholders to deliberate upon the subproject‟s benefits, its negative impact, resultant acquisition and displacement issues etc. will be undertaken in the first step with the communities living on and around the alignment of the subproject. The cut-off date will be determined, after which no one coming into and obtaining land, or a house, in the potential project area will be entitled to any compensation or resettlement benefit. Such a date will have to be determined for each subproject separately. 11.2 Second Step: Preparation of an ARP for Each OFC Network Subproject and Adequate Dissemination of Each Plan The next step is to develop an ARP for each OFC Network subproject, guided by the principles established in this RPF. As explained in Chapter 3.0, an ARP is the appropriate resettlement instrument in accordance with OP 4.12, since the potential resettlement impacts of the OFC Network subprojects (i.e., partial loss of agricultural crops, fruit trees and ornamental vegetation, and the temporary limitation of access to commercial and institutional establishments and to residential buildings) are minor. As explained in Section 9.2, Chapter 9.0 of this RPF, the preparation of ARPs will be the responsibility of each corresponding OFC Network subproject Contractor with support from the 55 respective MCIT regional office. The physical delivery of compensation to the PAPs will be assigned to the respective MCIT regional office under the supervision of the PMO. The principles of the ARP design and implementation process are as follows: 1. All land should be surveyed and mapped and agreement reached with government on explicit eligibility cut-off date. 2. Where land is disputed or land ownership is not clear, the land will be surveyed and a map hereof issued to the affected families. In case of land disputes, attempts should be made to settle disputes prior to project start. 3. Customary and collective rights (e.g., to grazing land and commons) should be verified and documented through community-level consultations and local authorities. Customary and collective rights are also subject to compensation. 4. Compensation for land, housing and assets are based on principles of replacement cost and mutually agreeable solutions based on consultative approach with PAPs. 5. Where affected land provides income, the equivalent to the value of the crop lost will be given in compensation, based on the value of the harvests lost until the replacement crop comes into full production. 6. If land forms basis for other income, the value of the income thereof will be subject to third party assessment. 7. If PAPs are squatters/informal settlers on the land, they will receive economic/material compensation to re-establish themselves elsewhere without suffering damage to their livelihood or living standard. OP 4.12 establishes that an ARP “… covers the following minimum elements:10 (a) a census survey of displaced persons and valuation of assets; (b) description of compensation and other resettlement assistance to be provided; (c) consultations with displaced people about acceptable alternatives; (d) institutional responsibility for implementation and procedures for grievance redress; (e) arrangements for monitoring and implementation; and (f) a timetable and budget” (OP 4.12, Annex A, p. 4). 10 In case some of the displaced persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. 56 11.3 Third Step: Implementation of ARP The third and final step is the execution of the ARP. The process of implementation of ARPs is as follows: 1. Survey of land and assets, and census of PAPs, including squatters and informal settlers:  Initial consultations should be conducted to identify any salient issues or concerns impacting on affected people. Gender-specific consultations should be conducted in order to properly ascertain the views of the women (see Chapters 8.0 of this RPF).  The surveyed land and assets should be identified, marked and photographed, and by the defined eligibility cut-off date the areas should be secured against encroachers.  The PAPs should be identified and registered with full data and photographs. 2. Calculation of individual entitlements. There should be continued consultations with the affected people regarding the project, land acquisition and compensation package in order to reach mutually agreeable solution to land/asset acquisition and/or shifting of house. A compensation package should be developed with categories of impacts and appropriate entitlements to formal and informal settlers, landholders and squatters (see Chapters 5.0 and 6.0 of this RPF). 3. Delivery of compensation to all eligible PAPs. Regarding how compensation will be delivered to PAPs and the prerequisites needed to trigger the release of financial resources to the ultimate beneficiaries, below are the steps involved in this process. These steps are formulated in light of the assumed availability of finance, the security situation and travelling time. No account is taken of the likely situation in any province or district where subprojects might take place. The steps for the delivery of compensation to all eligible PAPs will be the following:  Obtain financial resources: as already indicated, the resources to cover the cost of ARP implementation will come from the Project budget. PMO is responsible to manage payments to the PAPs.  Verification of the list of qualified PAPs: PMO will verify the list of PAPs provided in each ARP 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.  Notification of a detailed compensation package: PMO will prepare and provide each PAP with a detailed breakdown of affected assets, and the unit cost of each asset affected and the total compensation that they will receive.  Final conciliation: PAPs who, after going through the grievance redress mechanism described in Chapter 10.0 of the RPF, still disagree with the amount of the detailed compensation package and how it was determined will be provided with a final chance to settle these issues. In the event that PMO and the PAPs still cannot agree, the PMO will file expropriation proceedings in the appropriate court, asking that MCIT be permitted to take possession of the affected asset. PMO will pay the PAP 70% of the contested sum and deposit the remaining amount in an escrow account in a bank.  Locate absentee owners: PMO, through the village leaders, shall try to locate absentee owners of affected assets. There might be some cases where owners are residing or 57 working outside the subproject area and every effort must be undertaken to locate them. If the absentee owners, or their representative, cannot be located, no acquisition requiring compensation will take place without approval through a court of law and its authorization for the compensation payment.  Notification to the public: available media and community bulletin boards will be utilized to inform the public that assets with the corresponding owners will be affected by the project. These will provide sufficient time for any adverse claimants on assets that will be affected to raise their opposition or claims over the affected assets.  Preparation of invoices: Invoices for each of the eligible PAPs will be prepared by PMO. This document entitles each of the PAPs to receive the amount indicated in the invoice.  Delivery of the money to local bank: the money from MCIT will be remitted preferably to a local bank in the nearest town to the subproject site. The bank account will be opened by PMO, which will receive from Kabul the compensation on behalf of the PAPs.  Payment: PAPs will each receive a check for the whole amount of compensation from the PMO. The PAP will sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the PAP receiving the check and it will be part of the subproject documentation. 58 12.0 PREPARATORY ACTIONS MCIT‟s PMO will begin the planning of RPF implementation immediately after its approval by the World Bank. It will initiate some actions as groundwork and certain preparatory tasks as follows: 1. Creation of the post of Environmental and Social Officer within the PMO. 2. Establishment of official cut-off date as for each subproject area. 3. Implementation of a series of public consultative meetings and workshops with PAPs and local officials for the preparation of the respective ARPs. 4. Definition of a mechanism for the endorsement of the full ARPs by MCIT and their submission to the World Bank for clearance. 5. Establishment of the process for developing the budget for compensation of trees and crops in coordination with the Ministry of Finance. 6. Establishment of criteria, requirements and procedures for disbursement of compensation payments (as applicable). 7. Development of monitoring indicators and procedures. The PMO will also provide adequate advance notice to the PAPs in rural and urban areas and will pay their due compensation, once received, based on the eligibility criteria defined in this RPF prior to start of construction work. If structures (houses, shops, etc.) are affected, the PAPs will be paid their due compensations at least three months (90 days) prior to the demolition of any structures. This time will allow them to dismantle and remove all salvageable materials for rebuilding of houses and reestablishment of businesses. Payment of compensation of assets other than structures (crops, trees, ornamental vegetation) will be made at least 90 days prior to actual possession of the space used by the PAPs. However, in case of a dispute regarding the compensation amount, up to 70% 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. Grievances or objections (if any) will be redressed as per grievance redress procedure specified in Chapter 13.0 of this RPF. However, all activities related to land acquisition and resettlement, if applicable, will be completed prior to initiation of construction works. In case of absentee owners (e.g., conflict-displaced persons); the compensation amount would be deposited in an escrow account and issued to the rightful PAP upon verification of identity and claim. The PMO will take all appropriate means (through electronic and written media, words of mouth through community relations) to identify/locate absentee landowners and provide documentation of these efforts. 59 13.0 GRIEVANCE REDRESS MECHANISM (GRM)11 The Grievance Redress Mechanism (GRM) seeks to address any complaints or concerns of persons or communities potentially affected in relation to negative impacts on productive assets or physical structures caused by the Project. It defines an organizational structure, and clear and transparent procedures for the handling of complaints and concerns from receipt and registration through assessment, and to final resolution and monitoring. Given the particularities of resettlement and compensation issues, as well as the Afghan legal requirements and World Bank OP 4.12 specifications in relation to these issues, this chapter describes the GRM to deal specifically with resettlement and compensation concerns. The ESMF for the Project contains a GRM designed to respond in particular to complaints of individuals or groups of people regarding the environmental and social performance of the Project. 13.1 Objectives The objectives of the GRM are to: 1. Respond to the complaints and concerns of affected persons and communities, and address and resolve their grievances in a timely and straightforward manner. 2. Serve as a conduit for soliciting inquiries, inviting suggestions and increasing community participation. 3. Promote transparency and accountability in the interaction between affected persons and communities, on the one hand, and Project sponsors and implementers, on the other. 4. Help prevent and mitigate social risks associated with the Project. 5. Enhance the Project‟s legitimacy among stakeholders. 6. Collect information that can be used to improve operational performance. 13.2 Principles The following principles guide this GRM: 1. Accessibility: the GRM is easily accessible to persons who wish to submit a grievance, complaint or concern, and will provide assistance to persons that want to lodge a complaint but face barriers such as language, literacy, awareness, cost or fear of reprisal. 2. Predictability: the GRM contains a well-defined procedure with time frames that clearly establish for each stage of the process the types of results that can and cannot be delivered. 11 Some sections of this chapter follow closely the following source: MAIL, 2016. 60 3. Fairness: the Mechanism includes processes that are fair, especially in terms of access to information and opportunities for meaningful participation in the final decision. 4. Rights compatibility: the GRM is consistent with applicable national and international standards and without restriction of access to other redress mechanisms. 5. Transparency: the Mechanism contains transparent processes and outcomes that meet the public interest concerns at stake. 6. Capacity: the PMO will make available adequate levels of technical, human and financial resources for the effective implementation of the GRM. 7. Feedback: the GRM serves as a means to channel citizen feedback to improve Project outcomes for potentially affected persons and communities. 13.3 Land Acquisition Committee (LAC) and Grievance Redress Committee (GRC) Based on the Law on Land Expropriation, when private landholdings are acquired for public purposes, 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:  The landlord or person who uses the land or their representatives.  An official representative of agency who needs to acquire the land (i.e., MCIT).  A representative of the local municipality.  A representative of Ministry of Finance.  A representative of Ministry of Justice. The land acquisition process is initiated with the constitution of the Land Acquisition Committee. As land and other assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual‟s property by the State. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the value of compensation. The LAC inquires 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 PAP or his/her representative is a member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets lost. The LAC thus also performs the tasks of a grievance redress committee. However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the matter to a Project-level Grievance Redress Committee (GRC) to try to resolve the issue. The GRC 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 61 MCIT, which would implement the valuation based on the decision of the LAC. The Project- level GRC will be composed of the following members:  The affected person or his/her duly appointed representative.  A representative from the local government.  The Environmental and Social Officer at MCIT‟s PMO.  A representative from the local legal department,  A representative from local community None of the members of the Committee should have a conflict of interest involving any complaint lodged. The Committee should have female representation. 13.4 GRM Stages The GRM comprises the following four stages: i) reception; ii) investigation and inquiry; iii) response; and iv) follow up and close out. Table 13.4 details the stages and corresponding steps and timeframes of the GRM for Digital CASA, as well as the forms to use in the GRM process. Table 13.4 GRM Stages, Steps, Timeframes and Forms Stage Step Description Time Frame Reception Identification Complaint or concern lodged face to face or by phone; letter 1 Day of complaint or or email, or recorded during public/community interaction concern or consultation. Annex III includes the Grievance Registration Form, which will be used to formally lodge a complaint by the affected party before the Grievance Redress Committee. Investigation Complaint or Significance assessed and grievance recorded in the 4-7 Days and Inquiry concern Grievance Logbook, whose format is attached as Annex IV. assessed and Significance criteria are as follows: logged  Level 1: one off event.  Level 2: complaint is widespread or repeated.  Level 3: any complaint (one off or repeated) that indicates breach of Afghan law or provision of the ESMF or the RPF. Complaint or Acknowledgement of complaint or concern through 7-14 concern is appropriate medium. Days acknowledged Response Development  Complaint or concern assigned to appropriate party for 4-7 Days of response resolution.  Response development with input from Grievance 10-14 Redress Committee and affected person or group. Days 62 Stage Step Description Time Frame Response Redress action approved by Grievance Redress Committee. 4-7 Days signed off The Grievance Decision Form, attached as Annex V, will be used to formally record the decision of the Committee. Implementation Redress action implemented and update of progress on 10-14 and resolution communicated to complainant. Days communication of response Follow Up Complaints Redress action recorded in Grievance Logbook (see Annex 4-7 Days and Close response IV). Out Confirmation with complainant that complaint can be closed or determination of what follow up is necessary. Close Recording of final sign off of grievance. 4-7 Days grievance If grievance cannot be closed, return to second step (Complaint or concern assessed and logged) or refer to recommend third-party arbitration or resort to court of law. The GRM will produce monthly and quarterly reports on the status of processing of all complaints and concerns received using the format provided in Annex VI. The process of grievance redress has been made simple to expedite the process of decision- making and facilitate effective implementation. Grievances are expected to be redressed locally within the existing framework. If no decision has been promulgated within the timeframes specified in Table 13.4, the affected person may take the issue to the next level. The PAP 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 PAP. Communities and individuals who believe that they are adversely affected by a World Bank (WB)-supported project may submit complaints to the WB Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address Project- related concerns. In addition, Project-affected communities and individuals may submit their complaint to the WB‟s Independent Inspection Panel, which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. The process to submit complaints to the World Bank‟s corporate Grievance Redress Service (GRS) is provided at http://www.worldbank.org/GRS. The process on how to submit complaints to the World Bank Inspection Panel is provided at http://www.inspectionpanel.org. 63 14.0 MONITORING AND EVALUATION 14.1 Monitoring Monitoring will be carried out routinely by PMO. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field by MCIT regional offices through the provincial Field Supervisors, and reported monthly to MCIT to assess the progress and results of the implementation of each ARP, and to adjust the work program, if necessary. The monthly reports will be consolidated into quarterly reports and submitted to the World Bank as part of standard Project Supervision Reports. Specific monitoring benchmarks will be as follows:  Information campaign and consultation with PAPs.  Update of Entitlement Matrix.  Disbursement of compensation for affected assets and, if applicable, structures.  Payments for loss of income, if applicable.  Income restoration activities, if applicable.  Valuation of properties.  Grievances received and status of redress. 14.2 Management Information Systems All information concerning compensation issues related to assets and affected structures, inventory of losses by PAPs, compensation and entitlements and payments will be collected by PMO. This data bank will support ARP implementation, monitoring and reporting purposes and facilitate efficient compensation management. 14.3 Reporting Requirements PMO will be responsible for supervision and implementation of ARPs, and preparation of monthly progress reports to be submitted to MCIT for review. PMO will also monitor ARP implementation and submit quarterly reports to the World Bank. 64 15.0 PUBLIC DISCLOSURE The World Bank‟s Policy on Access to Information (2015) requires the disclosure of any information in the Bank‟s possession that is not on its list of exceptions, such as environmental and social safeguard documents related to the operations that the Bank is considering to finance, such as the Digital CASA Afghanistan Project, or operations that the Bank is currently financing or has financed in the past. This RFP will be disclosed before Project Appraisal at the World Bank InfoShop, as well as in- country at MCIT‟s website in English, Dari and Pashto. 65 REFERENCES Islamic Republic of Afghanistan. 2004. Constitution of Afghanistan. _______ . 2007. Afghan Land Policy. _______ . 2008. Law on Managing Land Affairs. _______ . 2009. Law on Land Expropriation. _______ . Afghanistan Reconstruction Trust Fund. 29 June 2016. Request for Funds for Project Preparation for Digital CASA Afghanistan Project. _______ . Da Afghanistan Breshna Sherkat (DABS). 2014. Environmental and Social Management Framework for the Afghanistan Naghlu Hydropower Rehabilitation Project. _______ . Da Afghanistan Breshna Sherkat (DABS). Revised: 30 May 2015. Environmental and Social Management Framework for the DABS Planning and Capacity Support Project. _______ . Kabul Municipality. February 3, 2014. Kabul Municipal Development Project (KMDP). Environment and Social Management Framework (ESMF). _______ . Ministry of Agriculture, Irrigation and Livestock (MAIL). 2016. Grievance Redress mechanism for the Additional Financing to National Horticulture and Livestock Project. _______ . Ministry of Communications and Information Technology (MCIT). 2012a. Project- Afghanistan ICT Sector Development Project. International Competitive Bidding for Design, Supply, Installation, & Commissioning of Optical Fiber Cable (OFC), Ducts, and Other Goods to Connect North Eastern Provincial Capital Cities of Afghanistan (Taloqan&Fayzabad) and Districts enroute with the existing OFC Backbone Ring Project of MCIT. _______ . Ministry of Communications and Information Technology (MCIT). 2012b. Afghanistan ICT Sector Development Project. Project: Design, Supply, Installation & Commissioning of Optical Fiber Cable (OFC), Ducts and Other Goods to Connect North Eastern Provincial Capital Cities of Afghanistan (Takhar and Badakhshan) and Districts enroute with the existing OFC Backbone Ring Project of MCIT. Contract between: Ministry of Communications and Information Technology and Rustam Haidari Construction Company, Kabul _______ . Ministry of Communications and Information Technology (MCIT). Undated. Basic Information on the Proposed Project of MCIT with effect from 2016. _______ . Ministry of Communications and Information Technology (MCIT). Undated. Proposed Plan for Connecting Remaining Provinces (1401.2 Km) with OFC Ring of Afghanistan and Establishing Redundancy for the Ring (in 2017 - 2022). 66 _______ . Ministry of Energy and Water (MEW). December 15, 2010. Irrigation Restoration and Development Project (IRDP). Resettlement Policy Framework. _______ . Ministry of Rural Rehabilitation and Development (MRRD) and Independent Directorate of Local Governance (IDLG). August 2016a. Environmental and Social Management Framework (ESMF) for the Citizens’ Charter Afghanistan Project (CCAP). _______ . August 2016b. Ministry of Rural Rehabilitation and Development (MRRD) and Independent Directorate of Local Governance (IDLG). Resettlement Policy Framework (RPF) for the Citizens’ Charter Afghanistan Project (CCAP). United States CIA World Factbook: Afghanistan (https://www.cia.gov/library/publications/the- world-factbook/geos/af.html). United States Library of Congress. 2008. Country Studies on Afghanistan. University of Texas at Austin. Perry-Castañeda Library Map Collection. 2009. Administrative Map of Afghanistan. World Bank (WB). 2011. OP 4.12, Annex A - Involuntary Resettlement Instruments. Washington, DC: WB. ____. 2013. OP 4.12 - Involuntary Resettlement. Washington, DC: WB. _______ . 2015. Policy on Access to Information. _______ . 21 June 2016. Digital CASA Afghanistan Project. Combined Project Information Documents/Integrated Safeguards Data Sheet (PID/ISDS). Concept Stage. LIST OF ANNEXES I Digital CASA Proposed OFC Network II Formats for Preparation of a Consultation Plan III Grievance Registration Form IV Grievance Logbook V Grievance Decision Form VI Grievance Report Format ANNEX I Digital CASA Proposed OFC Networks ANNEX I Page 1 of 3 Existing and Proposed Optical Fiber Cable Networks in Afghanistan Source: MCIT, undated. ANNEX I Page 2 of 3 Proposed Plan for Connecting Remaining Provinces (1401.2 Km) with OFC Ring of Afghanistan and Establishing Redundancy for the Ring (in 2017 - 2022) S. Route Length in Km Provinces to Road Districts to Remarks No. Description (Approximate) be connected Condition be connected 1 Sar-e-Pol to 60 Sar-e-Pol Asphalted No District Sar-e-Pol Province will be connected with the OFC Ring at Shebergan; Shebergan has already Shebergan on Route been connected under OFC Ring Project of Afghanistan 2 Panjshir to 45 Panjshir Asphalted No District Panjshir Province will be connected with the OFC Ring at Jabal Saraj; Jabal Saraj has already Jabal Saraj on Route been connected under OFC Ring Project of Afghanistan 3 Farah to 85 Farah Asphalted No District Farah Province will be connected with the OFC Ring at Farah Road; Farah Road has already Farah Road on Route been connected with Heraat under OFC Ring Project of Afghanistan 4 Qala-e-naw 255 Qala-e-naw Under Ghormach, Qala-e-naw Province will be connected with the OFC Ring at Ghormach; OFC Route has to Ghormach construction Murghab already been built from Maimana to Ghormach under OFC Ring Project of Afghanistan, which and Karukh needs to be made operational by Afghan Telecom (AFTEL). Karokh District will be connected with the Ring at Qala-e-naw; OFC Route has already been built from Heraat to Karokh under OFC Ring Project of Afghanistan, which needs to be made operational by AFTEL. This connectivity is important to complete the OFC Ring of Afghanistan by reaching up to Heraat from Mazar side. 5 Zaranj to 220 Nimroz Asphalted Khash Rod Zaranj Province along with one District enroute will be connected with Delaram District; Delaram Delaram District has already been connected under OFC Ring Project of Afghanistan 6 Tarinkot to 140.3 Oruzgan Asphalted Shah Wali Tarinkot Province along with one District enroute will be connected with the OFC Ring at Kandahar Kot Kandahar 7 Nuristan to 96.5 Nuristan 50% Nooristan Nuristan Province will be connected with the OFC Ring at Kunar Province; Kunar Province is Kunar Asphalted also planned to get connected with OFC Ring of Afghanistan under this futuristic Plan 8 Bamian to 294.4 Ghor Gravel Dawlatyar Ghor and Lal-wa- Sarjungal 9 Bamian to 205 Daikundi Partially Panjab, Nilli Asphalted Waras and Sharistan ANNEX I Page 3 of 3 Redundancy Routed to Improve the Reliability of the Network (Specially for Regional Connectivity) total 1731.2 Km S. Route Length in Km Provinces to Road Districts to Remarks No. Description (Approximate) be connected Condition be connected 1 Chaghcharan 353.5 Gravel Shahrak, Bamiyan is connected with the OFC Ring at Charikar under ICT Sector Development Project of to Heraat Chisti Sharif, Afghanistan; The aim of Chaghcharan to Heraat connectivity is to provide lateral redundancy to Awbeh, the OFC Ring of Afghanistan Pashtun Zarghun 2 Badakshan to 480.7 60 km Baharak, Badakshan Province will be connected with Wakhan; This important OFC Route will provide Wakhan asphalted and Ishkashim, connectivity with China to achieve Regional Connectivity, From Faizabad to Bahrak is 60km (Afghanistan- 109 km is Khondod, asphalted road and From Barak to Ishkashem 109km is under design of MOPW China under design Broghil, Border) mountainous/ Wakhan Gravel (China Border Point) 3 Tarinkot to 178.8 Gravel Chora, Gizab Tarinkot Province along with two Districts enroute will be connected with Nilli; Nilli is also Nilli planned to be connected under ICT Sector Development Project of Afghanistan; Hence, this is only a Redundancy Route 4 Badakshan to 319 Gravel Deh-e-Parian, Badakshan Province will be connected with Panjshir, which will provide lateral redundancy to Panjshir Anjoman the OFC Ring of Afghanistan 5 Mazar-e- 126.5 Gravel Angarak Mazar-e-Sharif Province will be connected via. Angarak District to Kunduz Province; This Sharif to connectivity will provide lateral redundancy to Mazar-e-Sharif - Kunduz OFC Ring Route, to Kunduz (Via provide more reliable connectivity with Uzbekistan & Tajikistan old Route) 6 Badakshan to 272.5 Gravel No District Badakshan Province will be connected with Nuristan, which will provide lateral redundancy to Nuristan on Route the OFC Ring of Afghanistan Total Distance 3132.2 TOTALS 3132.2 Km 22 Note: Average Estimated Cost per Km = 28,000 USD - all Inclusive [87.71 Mn DISTRICTS USD] Source: MCIT, undated. ANNEX II Formats for Preparation of a Consultation Plan ANNEX II Page 1 of 4 MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (MCIT) Digital CASA Afghanistan Project Project Management Office (PMO) Template for Consultation Plan Title or Topic Subproject / matter being consulted on Consultation Lead Name of person managing the consultation Organization Name of organization the Consultation Lead represents Partners / Team Detail of partnership arrangements and team members assisting with consultation Project Overview Overview of the subproject for which the consultation is taking place Location Location for consultation activities (for each stakeholder group). Purpose/objectives/ Why is the consultation being undertaken? scope What is the policy, plan or strategy you are consulting on/about? What matters need to be decided? Is there an expected / preferred outcome of this consultation? Decide on the level of engagement required: Inform (provide stakeholders with objective information that informs their feedback) Consult (obtain public feedback, alternatives etc.) Engage (work directly with stakeholders to ensure public and private concerns are understood) Participation (involve stakeholders in each aspect of the issue, including developing alternatives, decision-making etc.) Background Does information already exist on the matter? Are there any background issues that need to be monitored? Is it part of a larger project or process? What is the current situation? What sensitive or cultural issues should be considered? Relevant Statutory Describe the specific issues governed by the pertinent regulations. provision Are there any non-statutory needs or requirements that also apply to this consultation? Budget Allocation Outline budget allocation across key tasks or components Stakeholder groups Identification of stakeholders (complete as appropriate: Project-Affected Person, village meeting, local government officials, etc.)      ANNEX II Page 2 of 4      Methods What kind of consultation is most suited to the issue? Introductory letter Information sessions Awareness campaign Radio program Social media and websites Public forums and meetings Workshops Advisory committees Surveys Discussion groups Will the engagement technique suit the capacity and language needs of the stakeholders involved? Information dissemination What information is being provided to stakeholders to inform their input/feedback? Does the information articulate clearly the purposes, objectives and methods of the consultation process? Is the information written/published in a way that is easily understood? (Layman‟s terms?) How will you communication with communities? (e.g., nominated Liaison Officer?) How will you ensure the stakeholders have enough time to absorb the information and understand it before providing comment/input/feedback? Resources and technical Consider sources of expertise. Resources may be available internally, or from other assistance agencies/partners, or available for purchase: Have you investigated experts from other government agencies? Are there provisions for the contracting of advice/support/research if required? Resource considerations: Translation of materials into local vernacular Posters, flyers, radio script, etc Transport requirements, lodging and logistics. Grievance Management Consider the grievance procedures for the subproject: Have the consultation team been familiarized with the grievance procedures? Who will record and report grievances? Ensure the consultation team has access to Grievance resolution template and database and/or person in charge of these. Monitoring, Output and How will the consultation process outcomes be documented and do you know if it Reporting has been successful? How will the information gained from such consultation be used? How will decisions reached from completed consultation be implemented? How will you inform the stakeholder/public of the outcomes? Who should the consultation report be submitted too? ANNEX II Page 3 of 4 Stakeholder Mapping Exercise Representative group/s Identification of stakeholders at local, district, state/provincial, national levels being consulted includes consideration of: who is affected; who is interested, their level of influence and the appropriate level/method of engagement; how representation across all target groups will be ensured; whether there are any other government agencies that hold an interest in the matter on which consultation is required; whether there are there any stakeholders/groups that are difficult to access (and, if so, how will the consultation process allow for their input/feedback?). Consultation Plan prepared by: Approved / Not approved Signature: Date: / / Signature: Name: Date: / / Position held: Name: Position held: ANNEX II Page 4 of 4 Planning Tool for Consultation Budget and Work Plan Code Activity Total Budget Year One days Village/Stakeholder/Subproject: {insert Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec name} Inception meeting 1 Recruit Liaison Officer 7 Identify key 3 stakeholder groups Develop Consultation 7 Plan Develop engagement 5 materials Community pre- 3 awareness Comm. information 2 session/meeting Conduct social 5 assessment Code Activity Total Budget Year Two days Village/Stakeholder/Subproject: {insert Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec name} ANNEX III Grievance Registration Form ANNEX III Page 1 of 2 MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (MCIT) Digital CASA Afghanistan Project Project Management Office (PMO) Grievance Redress Committee (GRC) for Resettlement Issues Grievance Registration Form Grievance Number: ______________ Subproject Name/Code:___________ Location:__________________________________ General Information Name of Grievant………………………………….Position………………….……………… Email …………………………………………. Cell phone …………………....………….. Address…………………………………………..Province…………………………..………. Type of Grievance Please describe the type of grievance and the problem briefly (include specific details) Who or what is the source of the grievance? Have you lodged the grievance previously on the same subject? ANNEX III Page 2 of 2 What you think should be done to resolve the complaint or grievance? Fingerprint and signature of: Grievant…………………………………….……Date………………………………………. Receiver: Name………………………………………... Position………………………………………. Signature…………………………………………Date…………...………………………….. ANNEX IV Grievance Logbook ANNEX IV Page 1 of 1 MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (MCIT) Digital CASA Afghanistan Project Project Management Office (PMO) Grievance Redress Committee (GRC) for Resettlement Issues Grievance Logbook Complainants Name, Decision taken S. No Province District Village Date Complaints address and Phone by Committee ANNEX V Grievance Decision Form ANNEX V Page 1 of 2 MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (MCIT) Digital CASA Afghanistan Project Project Management Office (PMO) Grievance Redress Committee (GRC) for Resettlement Issues Grievance Decision Form Grievance Number: ______________ Subproject Name/Code:___________ Location:__________________________________ General Information Name of Grievant...............................................Type of Grievance............................................... Date Grievance Lodged.................................... Date Grievance Decided...................................... Committee Decision and Justification Please describe the type of grievance, what the committee decided, and how. (include specific details) Discussion: _______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Final Decision: ____________________________________________________________ ________________________________________________________________________ ANNEX V Page 2 of 2 Committee Members 1: Name.....................................Position................................Signature...................Date.......... 2: Name.....................................Position................................Signature...................Date.......... 3: Name.....................................Position................................Signature...................Date.......... 4: Name.....................................Position................................Signature...................Date.......... 5: Name.....................................Position................................Signature...................Date.......... Agreement of the Grievant to the above Decision I ……………………………………………. agree/disagree with the decision taken. Name…………………..……………. Signature………………..…………………Date……..… ANNEX VI Grievance Report Format ANNEX VI Page 1 of 1 MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (MCIT) Digital CASA Afghanistan Project Project Management Office (PMO) Grievance Redress Committee (GRC) for Resettlement Issues Grievance Report for Month/Quarter (please specify month/quarter and year): Solution Complaints Complaints Complaints Complaints Complaints Not Complaints Accepted by Referred to Remarks Received (No.) Discussed Resolved Resolved/Rejected Pending Complainants Court