SFG3305 ISLAMIC REPUBLIC OF AFGHANISTAN Ministry of Agriculture Irrigation and Livestock (MAIL) Resettlement Policy Framework (RPF) For the Afghanistan Agricultural Inputs Project (AAIP) April-2017 a Table of Contents ABBREVIATIONS ........................................................................................................................ D 1. PROJECT DESCRIPTION ................................................................................................... 1 1.1 BACKGROUND ................................................................................................................... 1 1.2 PROJECT OBJECTIVES AND COMPONENTS .......................................................................... 1 1.3 IMPLEMENTATION APPROACH .......................................................................................... 3 1.4 PROJECT AREA .................................................................................................................. 3 2 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK (RPF) ............... 3 3 LEGAL & POLICY FRAMEWORK FOR RESETTLEMENT........................................ 5 3.1 AFGHAN LAW & POLICY ON LAND ACQUISITION ............................................................. 5 3.2 WORLD BANK OP 4.12 ..................................................................................................... 6 4. ELIGIBILITY FOR COMPENSATION ........................................................................... 17 4.1 GENERAL ELIGIBILITY..................................................................................................... 17 4.2 LAND TENURE AND COMPENSATION ENTITLEMENTS ..................................................... 17 4.3 ENTITLEMENTS TO COMPENSATION & LIVELIHOOD RESTORATION ............................... 18 5. UNIT COMPENSATION RATES AND BUDGET........................................................... 21 5.1 ESTABLISHING RATES FOR LAND ACQUISITION & RESETTLEMENT ............................... 21 5.2 VALUATION OF LAND ..................................................................................................... 21 5.3 VALUATION OF STRUCTURES .......................................................................................... 21 5.4 VALUATION OF CROPS AND TREES ................................................................................. 22 5.5 LIVELIHOOD RESTORATION SUPPORT ............................................................................. 22 5.6 MATRIX OF COMPENSATION ENTITLEMENTS AND RATES .............................................. 23 6. INSTITUTIONAL ARRANGEMENTS ............................................................................. 31 6.1 GENERAL ........................................................................................................................ 31 6.2 OVERALL ORGANIZATION .............................................................................................. 31 6.3 PROJECT IMPLEMENTATION ............................................................................................ 32 7. PUBLIC CONSULTATION AND PARTICIPATION ..................................................... 35 7.1 GENERAL PUBLIC CONSULTATIONS ................................................................................ 35 7.2 PUBLIC CONSULTATION .................................................................................................. 35 7.3 COMMUNITY MEETINGS ................................................................................................. 35 7.4 CONSULTATIONS WITH GOVERNMENT OFFICIALS AND OTHER STAKEHOLDERS ............ 35 7.5 PREPARATION OF PROJECT SPECIFIC INFORMATIVE MATERIAL ..................................... 36 7.6 DISCLOSURE.................................................................................................................... 36 8. PREPARATORY ACTIONS AND IMPLEMENTATION SCHEDULE ....................... 38 8.1 PREPARATION ACTIONS .................................................................................................. 38 8.2 PROCESS OF RAP IMPLEMENTATION .............................................................................. 39 9. COMPLAINTS AND GRIEVANCE REDRESS ............................................................... 41 10. MONITORING & EVALUATION ................................................................................ 43 10.1 GENERAL ........................................................................................................................ 43 10.2 INTERNAL MONITORING ................................................................................................. 43 10.3 INDEPENDENT-THIRD PARTY MONITORING .................................................................... 43 10.4 MANAGEMENT INFORMATION SYSTEMS ......................................................................... 44 10.5 REPORTING REQUIREMENTS ........................................................................................... 44 APPENDIX 1: GUIDELINE FOR ABBREVIATED RAP ....................................................... 45 b APPENDIX 2: GUIDELINES FOR LAND DONATION AND COMMUNITY COMPENSATION........................................................................................................................ 47 c Abbreviations AILA-Arazi Afghanistan Independent Land Authority - Arazi AAIP Afghanistan Agricultural Inputs Project CDC Community Development Council CHMP Cultural Heritage Management Plan EHS Environmental Health & Safety EIA Environmental Impact Assessment EC Environmental Clearance ESMF Environmental Social Management Framework ESMP Environmental & Social Management Plan ESS Environmental and Social Safeguards ESSU Environmental and Social Safeguards Unit FP Facilitating Partner GA Gozar Assembly GRM Grievance Redress Mechanism ICR Implementation Completion Report IP Implementation Partner LAC Land Acquisition Committee MACA Mine Action Centre for Afghanistan MAIL Ministry of Agriculture, Irrigation and Livestock MoI Ministry of Interior Affairs MoIC Ministry of Information and Culture MoMP Ministry of Mines and Petroleum NEPA National Environmental Protection Agency OP/BP Operation Procedures/Bank Policy O&M Operation and Maintenance PAP Project Affected Person PIU Program/Project Implementation Unit IMST Implementation Management and Support Team RAP Resettlement Action Plan RoW Right of Way SIA Social Impact Assessment TA Technical Assistance ToR Terms of References WB World Bank d 1. Project Description 1.1 Background Afghanistan remains one of the poorest countries in the world. This is despite strong average economic growth since 2002. Per capita annual income has increased to US$426 in 2008/09 and to US$ 580 in 2010/11, but from a very low base of US$189 in 2002/03. A substantial part of Afghanistan‘s population is dependent on the agriculture sector (defined as crops and livestock), which together on average have accounted for nearly 40 percent of the total GDP during the past decade. According to the 2008 National Risk and Vulnerability Assessment (NRVA), 36 percent of the population lives below the poverty line and nearly half of the population lives on less than120 percent of the poverty line, making them highly vulnerable to negative shocks. Economic development in Afghanistan is highly dependent on the performance of the agricultural sector. About 80 percent of the population lives in rural areas. The NRVA 2007/08 data show that 36 percent of households rely on farming as their main source of income while another 6 percent depend on farm wages as their main source of income. The government has given agricultural development high priority. Building on the Agriculture Master Plan, the government in collaboration with its development partners has defined a number of appropriate priorities for agricultural investments and policies under the National Agricultural Development Framework (NADF). In order to increase farmers‘ incomes and improve the food security situation, the Government is giving foremost attention to strengthening of the agricultural production base. Despite recent donor-assisted programs, agricultural productivity in Afghanistan is generally low. Compared to the pre-conflict era agricultural (and livestock) productivity levels have declined significantly as a result of decades of conflict, systematic destruction of productive rural infrastructure, insufficient basic services, and low availability of quality agricultural inputs. Limited access to quality inputs at affordable prices is a key constraint to higher agricultural productivity. Increasing the quantity and quality of key agricultural inputs, and their delivery systems, is an important step towards increasing farm production and productivity which in turn would improve food security and boost farm incomes through higher marketable surpluses. Expanding farm production and crop productivity require sustained availability of high quality seeds; establishment of quality control systems for agrochemical inputs; and improvements in systems of inputs delivery. Afghanistan has a National Seed Law (2005), a recently updated Seed Policy (2012) and Official Seed Rules and Regulations are in the process of legal and technical scrutiny. A National Seed Board (NSB) overviews the seed sector, which consists of variety selection and improved seed production by Govt and private sector agencies, and a functioning (but not yet formalized) Seed Certification Agency (SCA). These organizations not only require institutional strengthening to make them functional, but also capacity building to support implementation of their functions. Fertilizers and other agrochemicals (pesticides, fungicides, herbicides, etc.) are nearly entirely imported but often of unreliable quality. Afghanistan currently lacks the legal and regulatory frameworks, as well as the infrastructure to exercise and enforce quality control for fertilizers and other agro-chemicals. Farmers’ access to inputs is often insufficient and knowledge regarding their safe transport, storage and use remains weak. The agricultural inputs delivery network remains underdeveloped, weakly regulated, and of a rather monopolistic nature. 1.2 Project objectives and components The Afghanistan Agricultural Inputs Project (AAIP) aims to address the above situation through investments in infrastructure and human capacity in the institutions involved with the 1 Development Objective “Strengthened institutional capacity and reliability of agricultural inputs and sustainable production of certified wheat seed”. The project was designed as a USD 74.7 million grant to the Islamic Republic of Afghanistan, and became effective on July 1, 2013. For further improving its results, the project is currently being restructured, following to the determination of the mid-term review carried out in May, 2016. The project’s activities are organized in four components that are described as follows: Component A: Improved Seed Production. This component aims to strengthen a sustainable, commercially viable, and technically efficient seed production and certification system. The project focuses on strengthening seed production and distribution for wheat – the country‘s main staple crop – while supporting other food crops including vegetables and grain legumes where appropriate. The project covers the entire seed chain beginning with research in variety selection to generate breeder seed, production of foundation and registered seeds from breeder seed, and multiplication of registered seed into certified seed. In addition, the project encourages compliance with the seed industry regulatory framework comprising the national seed policy, the seed law, and accompanying seed rules and regulations. Component A is organized into 3 sub-components - A1: Assistance to Agricultural Research Institute of Afghanistan (ARIA) including Varietal Selection and Production of Breeder Seed, A2: Assistance to Improved Seed Enterprise (ISE) including production of Foundation and A3: Coordination of Seed Sector by providing support to National Seed Board (NSB), Seed Certification Directorate (SCD) and Private Seed Enterprise (PSE) through the Afghanistan National Seed Companies Union (ANSCU). Under this restructuring, the government has removed the class of "registered" seed from the certification scheme. This does not affect the total amount of seed that can be produced but changes the quantity of "breeder" and "foundation" class seed to be produced by ARIA, ISE and PSEs. Component B: Quarantine Networks and Quality Control of Agro-chemicals. This component aims to build and strengthen institutional capacity and physical infrastructure required for quality control of agrochemicals and plant quarantine. Physical infrastructure includes establishment of Border Quarantine Stations and fumigation facilities to facilitate export to the higher paying markets. Project activities focus on preventing marketing of banned, hazardous, sub-standard, and unreliable pesticides and fertilizers, as well as preventing introduction and spread of quarantine pest into the Country. This is b eing achieved through facilitating enforcement of the recently finalized Pesticides and Plant Quarantine Acts and Regulations. The goal is to comply with international standards for quality control of agrochemicals and plant quarantine practices. Component B is organized into 2 sub- components - Quality Control of Agrochemicals and Plant Quarantine Networks. Component C: Improved and Expanded Inputs Delivery Systems. The main purpose of Component C, as per the PAD, is to analyze current agricultural input delivery systems and to develop a plan of action, to be followed by a pilot input delivery system. Specific activities under this component were supposed to be identified after the MTR. However, this has not yet happened due to limited capacity of the Project. Since the Project now has limited time ahead, it was decided to downsize the scope of this component to piloting a voucher system for wheat seed, which is the primary seed produced under the project. The main goal is to explore the possibility of replacing the currently insufficient government-led seed distribution system that is mainly based on providing subsidized seeds to a limited number of farmers. This approach has hindered the development of a vibrant market-based wheat seed distribution system. This pilot is an attempt to improve the situation by creating an environment which strengthens linkages between seed producers and farmers while the government phases out its involvement in seed distribution and focuses on its regulatory role. With this structuring, the Component will not pursue piloting an ICT system as outlined in the PAD. Accordingly, these activities will be cancelled. Component D: Project Implementation and Management. This component hosts the Implementation Management and Support Team (IMST) in MAIL with overall responsibility 2 for Monitoring and Evaluation, Management Information System, Procurement, Financial Management, and implementation of the ESMF and PMP. The following main technical Directorates from the MAIL side have been involved in the preparation and implementation of the project: (i) for Component A: the Agricultural Research Institute of Afghanistan (ARIA), the Improved Seeds Enterprise (ISE) and the National Seed Board (NSB); (ii) for Component B: the Directorates for Plant Protection and Quarantine (PPQD). 1.3 Implementation Approach The implementation of the AAIP is the responsibility of a Implementation Management Support Team (IMST) created and staffed under the Ministry of Agriculture, Irrigation and Livestock (MAIL). A Project Implementation Plan (PIP) and an Operations Manual (OM) are developed. Other key documents include the Environmental and Social Management Framework (ESMF) and the Pest Management Plan (PMP). The project documents outline the roles and responsibilities of all agencies involved in the AAIP main project, as well as details of project processes and implementation steps. The IMST for the AAIP is headed by a National Project Directorate its head office in Kabul and falls directly under the office of the Technical Deputy Minister. The IMST is comprised of a team of subject matter experts who are assisted by international experts. 1.4 Project Area AAIP aims to rehabilitate a number of government owned research stations and seed production farms, while it supports the construction of a laboratory complex and several Border Quarantine Stations (BQS). The current closing date is June 30, 2018, however the project is being restructuring and its closing date is being extended to June 30,2019. Criteria for subproject site selection are as follows: 1. The sites for rehabilitation of research stations and seed production units have been selected in the seven agro-ecological zones to allow the government undertake its research and seed production programs under different climatic conditions of the country. 2. Agricultural Research and Seed Production Farms: The project focuses on rehabilitation of existing farms that are owned is by the Government. 3. The subproject sites for BQS have been selected close to borders or inside the airport or Customs Department. 4. Laboratory Complex: The site is selected in Kabul inside the agricultural research station of Badam Bagh. 5. Government Land: The land for the subprojects should be government property. 2 Objectives of the Resettlement Policy Framework (RPF) During the preparation phase of the project back in 2012, the government identified land for all of the planned infrastructure sub-projects in the research and seed production farms. Furthermore, sites for the Border Quarantine Stations were determined to be governmental, however, it has recently been reported that in some cases individuals have claimed ownership of land at a few of the sites. These claims are now being reviewed by the governmental departments including the courts. If any sites are found to be the property of private owners, under the current safeguards arrangements of the project, the government will not be able to acquire the land in these locations even with compensation for the owner. Thus this policy framework is developed to establish resettlement objectives and principles, organizational 3 arrangements, entitlement matrix and eligibility criteria for any resettlement operation that may be necessary during project implementation. With this, 3 scenarios for land acquisition that might require resettlement are anticipated: 1. Private voluntary donation through voluntary donation - could only be obtained through either private voluntary donations or compensation paid by the community (i.e. transaction between willing buyer-willing seller). See appendix 2 which provides guideline for land donation and community compensation. 2. Provision of government land - the government provides land to the owner as compensation for land allocated for subproject that require no resettlement and/or compensation for losses, if there are no squatters. If the land does lead to squatters, compensation will be paid in accordance with this RPF. 3. Acquisition of private land requiring resettlement and/or compensation for losses. Since the government, particularly MAIL owns a large swaths of land across the country, in case of private land acquisition, the most primarily compensation will be land to land. If no government land is available in a particular location to be used for compensation, the value of land will be determined by the land acquisition committee based on its market value and consultation with PAPs and accordingly payment compensation will be made. The RPF of the Afghanistan Agricultural Inputs Project activities is customized from the RPFs approved by World Bank-funded projects. The present RPF was carefully developed and reviewed by MAIL. The RPF has been adopted in order to align with existing RPFs in other line ministries and have a consistent policy across major investment projects. The Abbreviated RAPs for the AAIP sub-projects (where needed) will all be subject to consultations with the affected people. The objective of this RPF is to outline the principles of resettlement and compensation thereof as and when the project reaches that stage. This will not only ensure consistency in resettlement planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Lessons learnt during the course of implementation can easily be integrated in improving the various issues related to resettlement planning and its monitoring. The resettlement policy framework needs to be consistent with both of the following policies: 1. Existing local laws and policies related to land acquisition and compensation and; 2. World Bank’s Operational Policy 4.12 which deals with Involuntary Resettlement. The guiding principles of this framework are: 1. All PAPs are eligible for compensation for losses resulting from project intervention, irrespective of possession of title to land. However, for compensation for land, a title or some other adaptable evidence would 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 of the project. 4 3 Legal & Policy Framework for Resettlement 3.1 Afghan Law & Policy on Land Acquisition There is no country-specific resettlement policy in Afghanistan. A comprehensive land policy was approved in 2007 by the cabinet; however, it has yet to be fully operationalized. Ratified in early 2004, the Constitution of Afghanistan has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity and large gardens, the Law on Land Expropriation (LLE) that was formulated in year 2000 (1421 Hejri Qamari) and published in official gazette 794. This law was enacted in 2009 with its amendments in 2006 and 2010 provides that: I. The acquisition of a plot, or portion of a plot, for public purpose is decided by the Council of Ministers and is compensated at fair value, based on current market rates (Section 2) II. The acquisition of a plot, or part of it, should not prevent the owner from using the rest of the property, or hamper its use. If this difficulty arises, the whole property will be acquired (Section 4) III. (The right of the owner, or land-user, will be terminated three months prior to the start of civil works on the project and after the proper reimbursement to the owner, or person using the land, has been made. The termination of the right of the landlord, or the person using the land, would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Section 6) IV. In cases of land acquisition, the following factors shall be considered for compensation: i. Value of land ii. Value of houses and buildings on the land iii. Value of trees, orchards and other assets on land (Section 8) V. The value of land depends on the category and its geographic location (Section 13) (and see too proposed new clause 45 of the Land Management Law published in December 2012) VI. A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He/she has the option to get residential land or a house on government property in exchange, under proper procedures (Section 13) VII. If a landowner so wishes his/her affected plot can be swapped with unaffected government land and if this is valued less than the plot lost, the difference will be calculated and reimbursed to the affected plot owner (Section 15) VIII. The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16); and IX. A property is valued at the current rate at the locality concerned. The owner or his/her representative must be present at the time of measuring and valuing of property. X. Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a “committee” consisting of the following: i. The landlord or person who uses the land or their representatives ii. Official representative of agency who needs to acquire the land (through MAIL/AAIP) 5 iii. Representative of local municipality iv. Representative of Ministry of Finance v. Representative of Ministry of Justice 3.2 World Bank OP 4.12 This policy deals with the issues and concerns related to land/assets acquisition, their compensation for all categories of affected persons and affected assets, relocation, resettlement, loss of livelihood, access and related issues. 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 following are the main objectives of Bank’s OP 4.12:  Involuntary resettlement should be avoided where possible, or minimized by exploring other viable alternatives  Where it is not possible to avoid resettlement, resettlement activities should be conceived and executed as a sustainable development program, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits  Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living, or at least restore to the extent of pre-displacement levels. Displaced persons may be classified and include: i. Those with formal legal rights to land, including customary and traditional rights recognized under the law of the country ii. Those who do not have formal legal rights to land at the time the survey begins but have a claim to such land or assets, provided that such claims are recognized under the law or become recognized through a process identified in the resettlement plan iii. Those who have no recognizable legal right or claim to the land they are occupying. The objectives of the World Bank’s policy can be clearly achieved by following the principles described therein. However, this RPF provides a more detailed framework which not only justifies the WB policy’s objectives but also the inherent spirit of it , which entails a sensitive, transparent and inclusive process of acquisition, displacement and resettlement. The framework for resettlement and rehabilitation of the affected persons by the project will be adopted in the following approach: 6 1. Avoiding acquisition to the extent possible 2. Preparing a detailed Resettlement Action Plan and disseminating it adequately 3. Implementation of RAP ii) Determination of i) Notifying acquisition claims and their iii) Taking possession payments/compensation First Step: Avoiding acquisition to the extent possible The OP 4.12 is avoidance of land acquisition and resettlement if possible. Land acquisition and resettlement should not be seen as the easy first option; rather it should be seen as a last resort. A participatory consultative process to allow the affected persons and other stakeholders to deliberate upon the project’ 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 project. 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 sub-project separately. Second Step: Preparing a detailed Resettlement Action Plan or Abbreviated Resettlement Action Plan and disseminating it adequately The next step is to develop a detailed Resettlement Action Plan, guided by the principles established in this framework document. For the peculiarities and constraints described earlier, the RAP will also be developed separately. Each RAP should include provisions to provide for: 1. Timely information dissemination to all the PAPs about their options and rights pertaining to resettlement and compensation. 2. Ensuring that all the PAPs are advised about the offered choices and provided with technically and economically feasible resettlement alternatives. 3. Disbursement of full replacement cost for loss of assets attributable directly to project- related land acquisition, with the amounts paid promptly to the rightful owners in a transparent manner. In case of physical relocation, or displacement of the affected persons, the resettlement plan must include measures to ensure that the displaced persons are: (i) Provided adequate and timely assistance (such as moving allowances) during relocation. (ii) Provided with residential housing, or housing sites, or, as required, sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages they had at the previous site. 7 In order to compensate for the changes caused by displacement and consequential costs, the RAP should also have provisions to provide to the affected persons: i. Sufficient financial assistance for a reasonably estimated transition period so as to enable them to restore their livelihood and standards of living; ii. Appropriate development assistance, in addition to the compensation measures, such as land preparation, training, or job opportunities; iii. Capacity building and training opportunities, so that they can take up a new form of livelihood by virtue of being trained to a higher skill standard. The above provisions require a very judicious estimation of financial and other assistance and needs to be dealt very carefully. The RAP should also establish clear and transparent processes to provide for just, fair and equitable distribution of assistance, to minimize a discretionary and biased approach in the decision making processes. The RAP document and the arrangements to implement it effectively should have structured and clear information on the following aspects: i. List of project affected persons (100% household census of PAFs) including all detailed socio-economic information of the household. ii. Entitlement matrix and eligibility criteria iii. Details of persons to be displaced and the information on their incomes, pre- and post-displacement, in measurable quantities. iv. Detailed information about title, possession and use of the land to which each displaced person/family will be relocated. The RAP should also provide information on the inventory of support infrastructure and facilities at the previous site and the site to which they would be resettled. v. The RAP will include the cost and budget section for all resettlement activities, including compensation, assistance as well as consultation, grievance mechanism and monitoring. vi. All necessary arrangements made by the project implementing agency to facilitate resettlement and disbursement of moving allowances etc. vii. The procedures to estimate compensation amounts with clear definitions of categories of land to be acquired and mechanisms to decide on land prices. viii. Participation of PAPs in the design, execution and monitoring of RAP implementation. ix. Establishment of a Grievance Redress Mechanism for PAPs and other stakeholders. x. A comprehensive monitoring mechanism and information management system. xi. Appropriate institutional arrangements to implement the RAP. xii. Documentation of consultations with PAPs conducted. xiii. Third Step: Implementation of RAP 8 The third and final step is the execution of the Resettlement Action Plan, which is further divided into three sub sets: i. Notifying acquisition: To ensure public notifications and intensive personal contact with owners and occupiers of land, and oral explanations of what is happening and what owners and occupiers should do in order to ensure that they obtain recognition for their occupation of land and compensation for the land acquired. Acquisition of land will also necessitate full and clear documentation of what is happening. In the case of temporary displacement (if any), full explanation of the circumstances of such displacement including the period for which the occupiers will be temporarily located, where and in what form of accommodation, and their eligibility for compensation, if any, will have to be recorded. In case of voluntary donations of land, the donor should be clearly made aware of his/her right to receive compensation and the process should be clearly documented to avoid any future claims or objections. ii. Determination of claims and their payments: To determine the claim amounts payable to each affected person and their speedy disbursements. OP 4.12 distinguishes between compensation and assistance, financial or otherwise, in connection with resettlement. This makes clear that persons are entitled to compensation for lost assets etc., whether they are being relocated or not. However, if compensation is understood as money, a cash value, or land; and/or other assistance to put a person back into the position as close as may be as he/she was prior to having his/her land (including buildings and natural resources on the land) acquired; and/or the value of retained land diminished; and/or having to vacate his/her land and move elsewhere, then monetary compensation for loss of assets, along with what may be called resettlement expenses will be considered. In order to comply with OP 4.12, the content of this sub-step should include:  making claims for compensation  provision of assistance to PAPs in making claims  assessment of claims  determining claims and dealing with appeals  the payment of compensation Compensation will include  Full replacement cost of land taken at its market value, plus transaction costs (e.g. registration fees, selling/buying taxes, etc.)  alternative land of the same quantity and quality if possible  resettlement expenses (including temporary displacement) which in turn may include  financial and other assistance in provision of housing  training & Capacity Building for livelihood replacement 9 iii. Taking possession: To ensure a peaceful and sensitized approach towards taking over the land – the entering into possession of the land by the acquiring authority – and the departure and resettlement of PAPs. Assistance with resettlement and displacement will include:  assistance with packing up and moving, including moving back on to the land after temporary displacement and working with and providing additional resources for the ‘host’ community  advice and assistance to those being resettled  preparation of land and the provision of accommodation and facilities 10 A table of comparison between the Law on Land Expropriation and OP 4.12 with proposals for reconciliation Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for PROVISION FOR A STRUCTURED RESETTLEMENT ACTION PLAN No special provision in A detailed Resettlement Major gap of substance. The Afghan Law is silent on A detailed resettlement Afghan Laws for a Action Plan to include resettlement but there is action plan, guided by the resettlement plan or any Involvement of and ensure nothing in the law to suggest RPF, will be prepared. special arrangements for PAPs their rights to that a resettlement plan or resettlement. (i) Compensation action to implement a (ii) Relocation assistance resettlement plan would be (iii) Development assistance illegal. Solution could be to in new location. Distinction provide for a resettlement drawn between short and full action plan administratively plans, depending on numbers but backed up by some to be resettled. regulations to ensure implementation. PARTICIPATION OF PAPs IN THE PROCESS OF ACQUISITION No legal opportunities Principle that involuntary The principle behind OP 4.12 This can be incorporated in Potential PAPs must be able provided to potential PAPs resettlement to be avoided can be followed; however the the RPF, Potential PAPs can to discuss need for and others to challenge or where possible implies law is silent on the matter. be consulted. acquisition and alternatives discuss proposed acquisition discussion of necessity for, with officials from the PIU and resettlement, or for any and alternatives to, and the Ministry. public debate and approval acquisition and resettlement. on proposals. In practice, early discussions do take place. By article 6 of LLE, the right Resettlement plan on how LLE does not provide for There is nothing in LLE to A participatory approach to to own or use land is project is to be implemented what OP 4.12 requires. Some prevent a more participative acquisition and resettlement terminated three months and resettlement issues are pre-planning of projects will approach to acquisition as is planning and implementation prior to the actual start of the provided for therein. exist and informal called for in OP 4.12. The is provided. project. Information on land Emphasis on participation by discussions with PAPs three month rule could be to be acquired is sent to PAPs in preparation for involve participation. 3 interpreted to mean “not less 11 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for PAPs three months before resettlement process and in months’ notice may be too than three months” which acquisition. Informal project implementation little where relocation is would allow for discussions discussions and negotiations Early information to be given likely but not rigidly adhered on acquisition and its occur both on land to be to potential PAPs of possible to. consequences. acquired and on resettlement. compensation. The Council of Ministers No specific procedures The spirit of OP 4.12 Spirit of OP 4.12 could be Involvement of owners approves expropriation of required by OP 4.12 but conflicts with LLE’s non - met by more protective present on the land to be land. Unlike the former law, content of resettlement plan provision of involvement of provisions and or practice on acquired and greater there is no provision for the implies PAPs will be the owner, apart from that dealing with absentee protection for absentee owner/user and or agent to be involved in all stages of provided for in article 5. acquisition. The silence of owners should be provided present throughout all stages acquisition. Though it is confined to “the LLE on the details of by a legal framework of acquisition. It follows that Municipality”. It can be acquisition may be taken developed as part of the RPF, acquisition may proceed, assumed to be applicable to quite legitimately as which could also serve as a whether the owner is present all authorities acquiring the providing a gap which can be prototype for regulations or not. However under article assets or implementing the filled by appropriate made under article 22(5) of 5 LLE, a commission is to be project. participatory arrangements. the new law. formed “by the When there are absentee There is no reason why the Municipality” on which the owners, it may be provisions of article 18 owner is represented to unavoidable to allow should not equally apply to “determine damage incurred absentee acquisition. all acquisitions of land. due to land expropriation” which is differentiated from compensation. Damage is explained in article 18 LLE. Under article 22, the owner is obliged to hand over all documentary evidence relating to land to the acquiring authority. 12 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for ASCERTAINING TITLE AND OWNERSHIP OF ASSETS The bulk of LLE deals with Fundamental principle of OP Major gap of substance in the Accommodate OP 4.12 by Given huge numbers of compensation but says 4.12 is that all those on land law but given the practice in changing practices where people not having and not nothing about who is entitled are to be entitled to fair rural areas, it is not necessary. going to get formal legal to compensation. The compensation and assistance unbridgeable. Advantage may be taken of titles to their land in the assumption is that “owners” with resettlement irrespective absence of legal definition of foreseeable future, LLE are entitled to compensation of their title to land. “owner” to accommodate should be interpreted so but the law does not define those with customary titles, those living and/or working “owners”. The old law drew which is likely to be the on land at the census date a clear distinction between majority in project areas. receive fair compensation those with legal title and and resettlement assistance. those with customary title or This is the one major area no title with respect to the where there is considerable payment of compensation. divergence between LLE and The practice in rural areas OP 4.12. It will be necessary was quite accommodating to to comply with OP 4.12. The those with customary titles. RPF provides for compensation to occupants also, but defined with limitation on who is eligible and who is not. VALUATION AND ASSESSMENT OF COMPENSATION AMOUNTS Officials visit area before Land values assessed as at No real gaps; just different No gaps. RPF provide for valuation any official action to assess pre-project or pre- approaches to the same need and market rates at a cut-off land values; values so displacement value, to limit claims and date and application of assessed are the basis of whichever is higher. compensation. principles of equity, with a compensation. This is the common rate applicable for practice, as the LLE is all PAPs. completely silent on pre- 13 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for acquisition procedures and processes. Efforts are made to Census conducted of persons No real gap here. No issues with adopting OP RPF will require an determine those entitled to in the area to determine 4.12 as the practice and to be identification of all eligible compensation and eligibility for assistance, and followed in this RPF PAPs to be undertaken at the resettlement. to limit inflow of people immediate pre-project stage, ineligible for assistance subject to cut-off date. The Constitution provides for OP 4.12 requires prompt and There does appear to be a The lack of any detail in LLE RPF has provisions payment of prior and just effective cash compensation gap between the LLE and OP on how to assess describing the process of compensation. The LLE at sufficient to replace the lost 4.12. The LLE has a lot of compensation and the valuation and assessment of article 2 provides for the land and other assets at full gaps in it. It is sensible not to content of compensation compensation amounts. payment of prior and replacement cost in local insist on market value in the (apart from article 13) allows adequate compensation. If markets. absence of reliable for the creation of a clear there is a distinction between Compensation for lost functioning markets. comprehensive and fair code just and adequate, then the livelihoods required. Biggest gap is compensation on compensation applicable constitutional provision of Disturbance compensation for squatters, when best to all acquisitions including just compensation prevails. required. practice does provide some resettlement and retraining Article 8 provides that Land for land compensation compensation to those with costs, which can be a part of compensation shall be “the encouraged. no legal title. the RPF without being price” of land or houses or Resettlement costs and ‘start- contrary to the existing trees etc. and article 10 up’ expenses required. law(s). provides that the Council of Ministers shall determine the price. But article 15 provides that the municipality and the administration for agriculture determine the compensation for trees etc. Article 13 sets out detailed provisions for obtaining residential plots 14 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for where a person has had land acquired; the more land acquired the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land. Unlike the former law, which provided compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for PAPs to access bank for their compensation. GRIEVANCE REDRESS MECHANISM LLE provides for OP 4.12 silent on judicial A major gap on grievance Develop grievance handling Grievances redress administrative agencies to and administrative mechanisms and current practices but keep them mechanism to provide for co- manage acquisition processes arrangements. administrative arrangements administrative rather than operation with Community and deal with compensation. It requires appropriate and in LLE is difficult to legal. Development Councils. PAPs are part of some accessible grievance reconcile with the Make legal provision for committees dealing with mechanisms to be established participative approach of OP appeals from administrative compensation. for those being resettled. 4.12. decisions and decisions on No provision for courts to be Logic of OP 4.12’s Earlier laws involved compensation to an involved or for appeals. references to ‘meaningful payment of compensation in independent body. In practice, committees may consultation’ with PAPs and the presence of a judge and act to solve grievances making use of CBOs and allowed an appeal, albeit No provisions for e.g. legal NGOs suggests a preference from the judge to a Minister. aid to assist PAPs to make for decision-making claims. 15 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for processes which are not just part of the administration. MONITORING AND EVALUATION LLE does not provide for any OP 4.12 states that the Major gap on procedures but, Provide monitoring for WB External monitoring agency external monitoring body or borrower is responsible for arguably, monitoring is not projects as required by OP and monitoring by IMST is process adequate monitoring and part of land acquisition, so 4.12. provided for. evaluation of the activities no legal impediment to Establish specialist set forth in the resettlement providing for the same. monitoring agency for all instrument. projects involving acquisition and resettlement. Empower provincial and local institutions to monitor projects. 16 4. Eligibility for compensation 4.1 General eligibility General eligibility is defined as, “people who lose lands, assets or access to them as a result of taking land by the project, as of the formally recognized cut-off date, will be considered as project affected persons (PAPs)”. Information regarding the cut-off date will be well documented and will be disseminated throughout the project area in written and (as appropriate) non- written forms and in local languages. This will include posted warnings that persons settling in the project area after the cut-off date may be subject to removal. 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 unlikely that many PAPs will be entitled to compensation or rehabilitation, on the grounds that they are losing a substantial amount of land under the project, it is as well to set out the full picture on who PAPs could include and what they are entitled to under a project: (i) All PAPs losing land, with or without title, formal land-use rights, or traditional land use rights; and (ii) Owners of buildings, crops, plants, or other objects attached to the land Compensation eligibility will be limited by the cut-off date. MAIL 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. 4.2 Land Tenure and Compensation Entitlements The largest number of PAPs in the case of this project will likely be those who will lose a part of their land. 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 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. 17 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”. They will be compensated for permanent improvements and structured they may have introduced or built in affected lands before the cut-off date. 4.3 Entitlements to Compensation & 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 will be either land-to-land or land-to-cash based on consultation with PAPs. But preference will be given to land-based resettlement and justification will be provided for cash compensation. For land-to-cash compensation, these impacts will be at replacement value of land in cash, based on current market rates. Either way will depend on the case, scenario and consultation with PAPs. The rural and urban (if applicable) 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. 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. 18 3. Loss of residential/commercial land: Compensation will be either land-to-land or land-to- cash based on consultation with PAPs. But preference will be given to land-based resettlement and justification will be provided for cash compensation. Either way will depend on the case, scenario and consultation with PAPs. For land-to-cash compensation, these impacts will be compensated at replacement value in cash at current market rates, free of deductions for transaction costs. 4. Loss & damages to houses, buildings, structures and settlement utilities: These impacts will be compensated in cash at replacement cost, free of depreciation, salvaged materials and transaction costs deductions. An estimation of replacement cost would be done by the 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 provided compensation and will be entitled for the capacity building & training opportunities. The PAPs shall also be given priority in employment in project related activities. 19 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. 11. Vulnerable Households: Vulnerable people, for example female-headed householders, disabled-headed households, will be given assistance by CDC members 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. 20 5. Unit Compensation Rates and Budget 5.1 Establishing Rates for Land Acquisition & Resettlement The Law on Land Expropriation refers to prompt and adequate compensation, but is silent on the details of compensation. In the absence of detailed rules, it will not be in conflict with the LLE for details to be developed in the context of this RPF and applied to the project. Also 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, attempts will be made to establish access to the equivalent and culturally adaptable resources and earning opportunities. In the absence of any conclusion about the estimated land prices, this RPF is prepared which guides on the methods of valuation and a Resettlement Action Plan (RAP) will be prepared for each subproject that may involve land acquisition, before the beginning of the construction activity in the subproject. The budget would be part of each RAP which would come forward once the RPF had been accepted and the final identification of PAPs. Land-to-Land Compensation and Provision for funds will be made available for the resettlement costs by MAIL, including not only compensation to PAPs, but also other costs to be incurred throughout the process of development and implementation of RAPs. 5.2 Valuation of Land Land Valuation is done by the committee under article 5 of LLE/1421. 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. 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. 5.3 Valuation of Structures Structure valuation is done by the committee under article 5 of LLE/1421. The classification of structures (temporary, semi-permanent and permanent) refers to the materials used in construction. The valuation of structures into class 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double story building) will be determined after various 21 consultations with some owners who recently built their houses, local contractors and some engineers in the government. 5.4 Valuation of Crops and Trees The estimation of valuation of crops is problematic because of a lack of reliable data in terms of yield. Article 5 of LLE/1421 can be used as provision to estimate the values the crops and trees. The results of the socio-economic survey were not considered reliable because many respondents could not provide the exact size of their land holdings and quantity produced. 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 the RAP document. 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, during interviews on trees, the fluctuation of the value of tree products was influenced largely by the supply and demand, and the absence of post-harvest facilities. Farmers are forced to sell tree crops 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. 5.5 Livelihood Restoration Support Afghan government is responsible for losses stated under LLE, article 8. 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. PAPs will also be given first preference for employment opportunities on the project related activities. The compensation and livelihood restoration support will be organized by the communities, facilitated through the relevant departments of MAIL. This will be monitored by the IMST during the mobilization and construction phase of the subprojects. IMST will advocate to DAIL/ARIA/PPQD to support PAPs on compensation and restoration of their livelihood, where necessary. 22 5.6 Matrix of Compensation Entitlements and Rates Who is eligible What are they How to determine What’s the objective eligible for eligibility and compensation levels Landowners Loss of land and 1. Official documentation The aim of OP. 4.12 is rights to land issued by, or on behalf of, to compensate all those the government. who have lost ‘their’ land. OP 4.12 goes 2. Customary documents, beyond technical rules i.e. documents recognized of law or evidence by both official and which, in part, are customary law as giving designed to bring rise to ownership rights. disputes over land to an 3. Oral and other evidence end and ensure security with probative value that to title. OP 4.12 aims at the claimant and his/her simple and substantive family have been in justice: “if you have occupation of the land for been on this land for a at least 35 years. long time and there is good evidence of that 4. Open, continuous and then you should be uninterrupted possession compensated for losing of persons over a very it”. long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. Squatter Permanent Observance of permanent The objective here is to improvements they improvements; compensate the squatter have made to the questioning the squatter for expenditure on the land they have and neighbors on when land but not for the occupied improvement made; value of the land itself. consulting maps and other relevant documents Agricultural Loss of income Cash compensation A fair approximation of tenants corresponding to one loss of income. year’s crop yield of land lost. 23 Sharecroppers Loss of income Their share of the harvest As above. at market rates plus one additional crop compensation. House Costs of relocation Relocation allowance This is a very standard owners/renters to other based on market price element of accommodation until suitable compensation in all accommodation systems. established, and assistance in identifying alternative accommodation Loss of Replacement costs 1. Losses will be The aim is to provide a livelihoods by for all losses compensated at reasonable measure of agriculturalists replacement value in cash compensation for loss based on current market of livelihoods but on the rates plus an additional assumption that APs Indemnity for 3 - 6months will make a go of things depending on the cropping on their new land. It region as transitional provides temporary livelihood allowance. relief. 2. When >10% of an AP’s agricultural land is affected, APs 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/com Replacement costs Replacement value in cash See above. The same mercial land for all losses at current market rates free reasoning applies. impacts of deductions for transaction costs Those who lose Replacement costs These impacts will be See above. or have compensated in cash at buildings replacement cost, free of damaged depreciation, salvaged materials, and transaction costs deductions. Renters/leasehold-ers will receive an allowance 24 geared to the rent they are paying for 3 months to cover emergency rent costs. Those who lose Replacement of These impacts will be See above. income from lost income compensated through cash crop losses compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. Those who have Replacement of Income replacement based See above. lost income from lost income on types of trees lost. loss of trees Those who have Replacement of Compensation for See above. suffered lost income business losses will be business losses 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, based on See above. suffered loss of lost wages for a actual income loss for wages limited period time duration until income source. Vulnerable Additional Vulnerable people (APs This is a recognition households compensation over below the poverty line, that those classified as and above strict female headed household, vulnerable households loss of income disabled- headed will likely suffer losses households, etc.) will be over and above income given assistance in the loss and will find it form of a one-time especially hard to get allowance for vulnerable 25 APs and priority in started again employment in project- somewhere else. related jobs. Transitional Disturbance APs forced to relocate will This is a standard head living allowance compensation receive a livelihood of compensation in for APs forced allowance for three most systems of to relocate months. Transitional compensation. livelihood allowance is computed based on the prevailing daily wage rate and the number of days’ transition. What is being How is valuation Input of APs Indicative figures valued conducted Matters common Rapid appraisal; Yes, but not necessarily Budgets for RAPs to be to all specific consultation with decisive. developed. types of APs; information valuation derived from census and from local authorities Land including Valuation of the Land values are so far as None. easements land is pegged on possible determined on the (rights of way) an average, the basis of ‘objective’ factors over land actual value but it is not possible to depending on the ignore the assumptions of nearness to a built APs about land values up area. Land which do play a part in prices are based on valuation. the district land prices in the district government. Structures Structures may be In the project from which None. classified these classifications are (temporary, semi- based, they were arrived at permanent and after various consultations permanent) based with some owners who on the materials recently build their used in houses, local contractors construction. They 26 may be classified and some local civil into class engineers. 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double story building). Crops In computing crop The unit price for crop losses, a losses for a square combination of meter of land devoted to four main crops the four main crops. was used to get the average yield and price. Trees Compensation for During interviews with The compensation rate productive trees is APs on trees, it was for a fruit bearing tree is based on the gross pointed out that the the average yield per market value of 1 fluctuation of the value of tree times the age of the year income for the tree products was tree. number of years influenced largely by the needed to grow a supply and demand and new tree with the the absence of post- productive harvest facilities. Fruit potential of the lost was sold when all other tree. farmers sold their fruit. In the off-season, prices were Non-productive higher but few farmers trees are valued could store their crops based on the until then. multiple years’ investment they have required. Compensation for non-productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree 27 was cut because of the project. Restoration of Cash compensation No apparent input from No figures can be income at current market APs. But there may be given. rates for the full disputes between owners 1. Crop losses harvest of 1 and sharecroppers which agricultural season. officers from the In case of implementing entity and sharecropping, possibly from ESSU might crop compensation become involved in. will be paid both to landowners and tenants based on their specific sharecropping agreements. 2. Business Compensation for There will be an issue of Permanent business will losses permanent business whether a business is receive 6 months losses will be in permanent or temporary compensation. cash for the period on which APs will wish to Temporary business deemed necessary be consulted and have losses will be paid for a to re-establish the their views taken on limited number of business. board. months Compensation for temporary business losses will be cash. 3. Income Indemnity for lost There may be differences No figures because restoration for wages for the of opinion as to what wages differ depending workers and period of business counts as wages. on the work being done. employees interruption. 28 Income When >10% of the Given the problems of No figures because the Restoration agricultural land of measurement of APs’ exact sums of money Allowance for a AP is affected, holdings – see above involved will depend on Severe APs will get an column 5 on crop losses – the use to which the Agricultural additional this may be difficult to land is being put. Land Impacts. allowance for compute and careful severe impacts negotiations with the APs equal to the market will be necessary. value of a year’s net income crop yield of the land lost. Vulnerable Vulnerable people There will need to be A one-time allowance group allowance (APs below the careful and sympathetic for vulnerable APs and poverty line, consultation and priority in employment female-headed negotiation with these in project-related jobs. households, APs. disabled- headed households, etc.) will be given assistance. Transitional APs losing land or Disturbance is a standard Compensation for livelihood losing a house and head of compensation but transitional period. allowance forced to relocate it will need a willingness will receive a to be flexible on rates as livelihood disturbance is not an allowance. objective matter. Rental House renters Negotiations with APs 3 months’ rent at the allowance forced to relocate central to the operation of prevailing market rate will receive a this head of compensation. in the project area. rental allowance and will be assisted in identifying alternative accommodation 29 30 6. Institutional Arrangements 6.1 General The resettlement and rehabilitation program described in this RPF involves distinct processes, dynamics and different agencies. This section deals with the roles and responsibilities of different institutions for the successful implementation of the project. The primary institutions that are involved in the land acquisition and resettlement process are the following; 1. Ministry of Agriculture, Irrigation and Livestock (MAIL) 2. Implementation Management and Support Teams (IMST) 3. Regional offices (all regional offices) 4. Provincial Staff 5. Environment and Social Safeguards Unit (ESSU) at central level 6. CDC (Community Development Council) 7. AILA - Arazi The agencies involved in the planning and implementation of a resettlement and rehabilitation program are MAIL and the Provincial and District governments, together with the appointed FPs (Construction Companies and External Monitoring Agency) in urban areas. MAIL will be acting in the project through the Implementation and Management Support Team (IMST). In the field, it will act and implement through the regional level offices, with the support of regional staff that includes Plant Breeder/Agronomist/Site Engineer, who will co-ordinate all activities related to resettlement implementation. All activities will be coordinated with the relevant local government agencies and CDCs. 6.2 Overall Organization AAIP-MAIL will be the executing agency (EA). The Minister, Technical Deputy Minister and the Director General of Planning and Programs Coordination and Implementation Management and Support Team for MAIL and will be responsible for the overall policy level decision, planning, implementation and coordination of project activities in subproject sites. The EA will have proper coordination with other departments of the Government of Afghanistan to resolve the following issues: 1. Land Records and Ownership. Issues on land record and ownership can be resolved by Land Management Committee in accordance with article 7/8 of LML. The land management committee will be formed in the central level and will include members from the MAIL, AILA-Arazi, Ministry of Finance, the Geology and Cartography Department, Municipality and Revenue Department (Mustowfiet). 31 2. Assets Valuation. Values of land and other assets for compensation are determined by the Council of Ministers under the LLE on the basis of the principles set out in this RPF. The decisions are based on the recommendation of a committee consisting of the following (i) The landlord or person who uses the land or their representatives, (ii) An official representative of the agency that needs to acquire the land (i.e. MAIL), (iii) A representative of the local CDC, (iv) A representative of the Ministry of Finance, and (v) A representative of the Ministry of Justice. 6.3 Project Implementation 6.3.1 Ministry of Agriculture, Irrigation and Livestock (MAIL) MAIL, through the Implementation Management and Support Team (IMST) at provincial level, will be responsible for the approval and implementation of a Resettlement Action Plan (RAP), or Abbreviated RAP. Additionally the draft RAPs and Abbreviated RAPs will be submitted to the World Bank for approval before the subproject is accepted for World Bank’s financing. Within the IMST, RAP or Abbreviated RAP tasks will be handled by the units described below. Local MAIL/Regional offices and local governments 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. The provision of the RAP or Abbreviated RAP will be the responsibility of MAIL. The physical delivery of compensation to the PAPs, if it is to be provided by the Government, will be assigned to a committee selected by the MAIL which will include members of the CDCs/CCDCs/GAs (as required) and representatives from local government, but under the supervision of the IMST. The Environmental and Social Safeguards Unit (ESSU), at the national level, will be primarily responsible for the environmental and social safeguard issues, and will be responsible to oversee the implementation of and compliance with the ESMF, RPF and RAP, overseeing all safeguards activities. At the regional level, the Plant Breeder/Agronomist/Site Engineer(s) will support the IMST and provide the link to the ESSU. The IMST will be responsible for the daily field level activities and getting all the necessary clearances required to initiate and implement all resettlement works. It will coordinate with the Plant Breeder/Agronomist/Site Engineer(s) in the implementation of the project. As necessary, the Plant Breeder/Agronomist/Site Engineer /IMST will coordinate with ARAZI, Cadaster Survey Department, local Governorates, NGOs and the CDCs/CCDCs/GAs. The IMST will be responsible for ensuring that all stages of the processes of resettlement, determining and paying compensation, and acquiring land are fully documented and that hard and soft copies of the records are kept in a safe and secure environment. 32 6.3.2 Local Government The cooperation and coordination of the local government units (LGUs) are vital in RAP or Abbreviated RAP implementation. These are the provincial government, district provincial government, villages and local CDCs. Issues relating from land records and ownership and assets valuation originate from this level and will only be taken to the Council of Ministers if these issues are not resolved locally. The provincial government, in cases of disputes on valuation of land will constitute a land valuation committee to determine the disputes on rates. In cases of disputes regarding land ownership, land records goes through 3 offices at district level, (1) District administrator, (2) Revenue collector (Mustowfiet) and (3) the District Court. These offices have the jurisdiction on any matters related with land acquisition and verification of land entitlements. Staff of the Revenue Department (Mustowfiet), with the local municipality will carry out the tasks of identifying the titles and verification of ownership. The Office of District Governor is expected to play a coordinating role. 6.3.4 Gender It is appropriate to draw special attention to gender issues within the context of project implementation. Discussions with women in villages visited as part of the Social Safeguards Requirements Review confirmed that they have important, although varying, roles in agriculture, which is the main activity and will be encountered during the project in rural areas. Factors such as absence of male family members from the village, ethnicity and local cultural norms all affect women’s role in agriculture. Using established community structures to involve women meaningfully in the projects will be a challenge and will need to be approached with renewed effort and imagination. Working with women can be done only with female staff. Women’s CDC sub-committees should be explored as a possible vehicle for increasing women’s participation in projects and especially in implementing RAPs. In the project, special attention will be paid to female-headed households, both those with and without land, as they are generally amongst the most vulnerable in communities and risk having their rights ignored. Although women’s ownership of land is not widespread , it is important to ensure that their land rights receive equal recognition in the project and in any resettlement activities. Thus, the ESMU within the PIU will have special responsibility to  Ensure that MAIL uses women’s CDC sub-committees, where required, to enhance outreach to women  Revisit incentives in order to attract women to work in RAP and in other capacities at regional level  Total number of families and people must be gender-disaggregated to pinpoint how many women are likely to be affected by the project and establish their pre-project conditions 33  Special attention will be given to the impact of resettlement on women and other vulnerable groups during monitoring and evaluation of the RAP. 34 7. Public Consultation and Participation 7.1 General Public Consultations This section describes the mechanisms for public consultation process with the PAPs, disclosure of the RPF and corresponding RAPs through distribution of informative material to create awareness among the PAPs regarding their entitlements and compensation payment procedures and grievances redress mechanism. 7.2 Public Consultation In addition to informal day-to-day meetings among PAPs, MAIL local staff, and other stakeholders, the formal consultation process in the project will be ongoing and will be managed by the IMST through village meetings and public consultations with government officials. Women and other vulnerable groups will be consulted to address their concerns and determine mitigation measures/assistance for them. 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 RAP and disclosure of RAP to the PAPs, as explained below. 7.3 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 a project will be explained as well the necessity for, processes and outcomes of any resettlement or temporary displacement. The village elders and stakeholders meetings will be scheduled based on the availability of the participants. Women and other vulnerable groups will be consulted to address their concerns and determine mitigation measures/assistance for them. The IMST’ regional staff 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 MAIL will prepare a Resettlement Action Plan (RAP) or Abbreviated RAP for the sub-projects (where needed) that will ensure that all these affected assets are justly compensated. The approved RAP will be presented and explained to all affected households and persons and other interested parties. The census survey will be conducted in the affected lands. 7.4 Consultations with Government Officials and Other Stakeholders The IMST will meet with provincial and local officials to ensure that they are fully appraised about the project including the formulation and details on the implementation of the RAP. The IMST will coordinate with land valuation committees. There will be coordination with the district governors which have jurisdiction over the sub-project areas as well as village leaders. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders. 35 7.5 Preparation of Project Specific Informative Material Project specific informative materials will be prepared and distributed to the PAPs to create awareness among the PAPs regarding their entitlements and compensation payment procedures and grievances redress mechanism. They will cover the following:  After approval of this RPF by the World Bank, it will be translated into local languages and disclosed to the stakeholders especially affected persons by the MAIL through village meetings. RAPs for each subproject will be made available to the concerned district governments, village leaders and directly affected households and MAIL and provincial offices as an official public document. This RPF will also be disclosed on the MAIL websites.  A summary of this RPF will be prepared specifically for this purpose and will be translated into local languages and presented to all PAPs in the form of a pamphlet/brochure, to enable the PAPs and local communities to read it by themselves and be aware of the benefits/compensations to be made available for various types of PAPs. IMST staff 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 resettlement activities and the overall process.  A payment disbursement schedule for the assets it applies except land– or preferably transfer of compensation to PAP’s bank accounts, explaining the date, time and venue for disbursement of compensation payments of 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 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, vacating land and demolition of structures - Pamphlet/ brochure in local languages - Grievance redress mechanism - Any other relevant information for the PAP 7.6 Disclosure The RPF will be disclosed to the PAPs through the village meetings, and informal interaction between the PAPs, and IMST 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 IMST and MAIL field offices, PAPs, provincial and district offices, other local and district level offices of the concerned agencies.  Disclosure of the RPF in village meetings  The RPF will be available in all public institutions for general public information  Posting of RPF on MAIL website  Provision of information packet to all PAPs 36 37 8. Preparatory Actions and Implementation Schedule 8.1 Preparation Actions MAIL will begin the implementation process after its approval by the World Bank. It will initiate some actions as groundwork and certain preparatory task regarding implementation of the RAP as follows:  Establishment of official cut-off date as per need  A series of public consultative meetings and workshops with PAPs and local representatives and active involvement PAPs for the preparation of the full RAP or Abbreviated RAP  Endorsement of the full RAP, or abbreviated RAP, by IMST and its submission to World Bank for clearance/approval  Establishment of criteria, requirements and procedure for disbursement of compensation payments for the assets where applies except land by the MAIL and IMST (as applicable)  Development of internal monitoring indicators and procedures  Identification of external monitoring agency to undertake independent monitoring MAIL/IMST is also committed to provide adequate advance notice to the PAPs and will pay the due compensation in subproject sites for assets other than land, once received, based on the eligibility criteria defined in this RPF for resettlement including relocation and income restoration/assistance prior to start of construction work. The PAPs of affected structures/assets (houses, shops, etc.) will be paid their due compensations at least three months (90 days) prior to demolition of any structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and reestablishment of businesses. Payment of compensation of assets (crops, and trees) other than structures and land will be made at least 90 days prior to actual possession of the space being utilized 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. Escrow accounts are subject to prior agreement with World Bank. Compensation placed in escrow will be made available to eligible persons in a timely manner as issues are resolved. In case of dispute over rightful ownership, the compensation would be deposited in an escrow account awaiting the court resolution of rightful ownership. In such an exceptional case, the MAIL may possess the land without full payment of compensation. Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this RPF. However, all activities related to land acquisition and resettlement will be completed prior to initiation of construction activities. In case of absentee owners (e.g. conflict displaced persons); the compensation amount would be deposited in an escrow account and issued to the rightful PAP upon verification of identity and claim. The government will take 38 all appropriate means (through electronic and written media, words of mouth through community relations) to identify/locate absentee landowners and provide documentation of these efforts. 8.2 Process of RAP Implementation The following paragraphs explain in detail how compensation will be delivered to PAPs and the prerequisites needed in triggering the release of financial resources to the ultimate beneficiaries. These steps are formulated in the light of the assumed availability of finance, the security situation, and travelling time. No account is taken of the likely situation in any province or district where sub-projects might take place. The steps for the delivery of compensation for all eligible PAPs will be the following: i. Obtain financial resources: The IMST/MAIL is responsible to manage the payment for the PAP, whether, in the unlikely event that compensation payments are required to be made by the Government or, more likely, compensation comes from the benefitting community. For sub-projects with large scale resettlement impacts, the relevant government agency (MAIL) shall obtain the needed money to fund the land acquisition component from the Ministry of Finance. ii. Verification of the list of qualified PAPs: IMST will verify the list of PAPs provided in the RAP to ensure that all eligible PAPs will be properly compensated and non-eligible PAPs will be excluded. To ensure that identification and qualifications are guaranteed, village elders and relevant government entities involved will be consulted to resolve issues rising from the list. iii. Notification of a detailed compensation package: IMST 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. iv. Final conciliation/expropriation: PAPs who 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 IMST and the PAPs still cannot agree, the IMST will file expropriation proceedings in the appropriate court, asking that the MAIL be permitted to take possession of the affected asset. The IMST will pay the PAP 70% of the contested sum and deposit the remaining amount in an escrow account in a bank. v. Locate absentee owners: The IMST, through the village leaders, shall try to locate absentee owners of affected assets. There are some cases where owners are residing or working in other places and every effort must be undertaken to locate these absentee owners. vi. Notification to the public: Available media and community bulletin boards will be utilized to inform the public that lands with the corresponding owners will be affected by the project. These will provide sufficient time for any adverse claimants on lands that will be affected to raise their opposition or claims over the affected lands. 39 vii. Preparation of invoices: Invoices for each of the eligible PAPs will be prepared by IMST. This document entitles each of the PAPs to receive the amount indicated in the invoice. And the document is part of the subproject proposal. viii. Payment: The PAPs will each receive cash for the whole amount of compensation from IMST/MAIL in front of CDC members. 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 cash as part of project documentation. 40 9. Complaints and Grievance Redress Based on the LLE, 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:  Affected person who uses the land or his/her representative,  Representative of MAIL  Representative of the Ministry of Finance  Representative of the Ministry of Justice  Representative of Afghanistan Independent Land Authority (AILA) Arazi  Representative of the CDC/CCDC/GA as applicable The land acquisition process is initiated with the constitution of the land acquisition committee. As land and other assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual’s property by the state. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the value of compensation. The LAC inquiries into the matter and reviews the valuation and tries to arrive at a win-win solution. The whole process is based on a negotiated approach and as the 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. It should be pointed out however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an advisory body or facilitator to try to resolve issues between the affected household and the MAIL/IMST who would implement the valuation based on the decision of the LAC. The project level GRC will be composed of the following members:  Affected person or his/her duly appointed representative,  Representative of the local government,  Representative from MAIL– Plant Breeder/Agronomist/Site Engineer ,  Representative from the local legal department,  A representative from local community The project level GRC will register the unresolved matter and meet to try to resolve the issue. A recommendation should be made within 7–10 working days. In case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the 41 original representative. If no decision has been promulgated after 10 working days from the last meeting of the grievance redress committee, the affected person may take the issue to the next level- Regional GRC or HQ (IMST) level GRCs at MAIL. 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. The process of grievance redress has been made simple to expedite the process of decision-making and facilitate effective implementation. The grievance redress committee includes a representative from the local administration and the affected individual. Grievances are expected to be redressed locally within the existing framework. Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that compla ints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, 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. 42 10. Monitoring & Evaluation 10.1 General Project activities will undergo both internal and external monitoring. Internal monitoring will be conducted by the IMST. Third party monitoring will be contracted once the project is approved to provide regular reports. 10.2 Internal Monitoring Internal monitoring will be carried out routinely by the PMU and results will be communicated to World Bank and the MAIL and through the regular project implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field and reported monthly to the IMST to assess the progress and results of RAP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated every quarter in standard supervision reports and submitted to the World Bank. Specific monitoring benchmarks will be:  Information campaign and consultation with PAPs;  Status of land acquisition and payments on land compensation;  Compensation for affected structures and other assets;  Temporary displacement of PAPs  Relocation of PAPs;  Payments for loss of income;  Income restoration activities.  Grievance received and status of redress 10.3 Independent-Third Party Monitoring The third party monitoring agency’s monthly monitoring reports will cover safeguards compliance at field level using site specific ESMPs and Abbreviated RAP. The contracted third party monitor’s reports will be informed by field observation visits and discussions with community representatives and various members of the project team. The role of the Third Party Monitor is increasingly important as security considerations prevent World Bank staff from visiting most sub projects. Safeguards staff from MAIL plans to meet regularly with the contracted organization to review the safeguards findings and recommendations. The third party will also assess the status of project affected vulnerable groups such as female- headed households, disabled/elderly and poor families. The following will be considered as the basis to develop the indicators for monitoring and evaluation of the project:  Communications and reactions from PAPs on entitlements, compensation, options, alternative developments and relocation timetables etc.  Changes in housing and income levels 43  Effectiveness of arrangements for temporary displacements  Rehabilitation of squatters (if any)  Valuation of property  Grievance procedures and outcomes  Disbursement of compensation; and  Level of satisfaction of PAPs in the post resettlement period. The third party monitoring agent will carry out a post-implementation evaluation of the RAP or Abbreviated RAP about 1 year after its implementation to find out whether the RAP objectives were attained or not. The socio-economic survey base-line will be used to compare pre- and post- project conditions. The third party monitoring will recommend supplemental assistance for the PAPs in case the outcome of the study shows that the objectives of the RAP have not been attained. 10.4 Management Information Systems All information concerning resettlement issues related to land acquisition of the acquired land and affected structures, inventory of losses by PAPs, compensation and entitlements, and relocation will be collected by the IMST. This data bank would form the basis of information for RAP implementation, monitoring and reporting purposes and facilitate efficient resettlement management. 10.5 Reporting Requirements The regional staff of AAIP will be responsible for supervision and implementation of RAP and prepare monthly progress reports on resettlement activities and submit to the IMST for review. The IMST will also monitor RAP implementation and submit quarterly reports to the World Bank. The external monitoring agency will submit monthly and quarterly reviews to HQ and then from HQ to the World Bank and determine whether or not resettlement goals have been achieved; more importantly whether livelihoods and living standards restored/enhanced and suggest suitable recommendations for improvement. 44 Appendix 1: Guideline for Abbreviated RAP Institutional responsibilities An abbreviated RAP is acceptable if fewer than 200 people are displaced. Even if more than 200 people are affected, if all land acquisition is minor (10 percent or less of all holdings is taken) and no physical relocation is involved, an abbreviated RAP is acceptable. The MAIL will be responsible for the planning and implementation of resettlement and addressing social issues. The most important issue will be documentation of these proceedings to avoid any communication gap in future. The procedures include: Task 1:  Selection of subproject, for widening/rehabilitation/ new construction  Dissemination of subproject Information;  Finalization of alignment through community planning involving the local communities and provincial departments during Consultations, a strip plan will be used to make inventory of social features and identify impacted properties;  Consultation with affected persons, to verify whether concerns of the communities and PAPs have / have not been incorporated into the project design through disclosure of outputs of Consultation.  Integrating Abbreviated RAP in project document where additional land is required, ensuring that the designs for the AAIP subprojects are sensitive to social issues and have incorporated the social considerations; Task 2:  Disclosure of process of land requirement and entitlement provisions, to provide information to PAPs.  If land acquisition is taken place with compensation to PAPs, compensation shall be issued and received by each PAP prior to physical acquisition and start of physical works.  Serving Advance Notice (not less than 3 months), for removal of encroachments and clearance of assets or standing crops;  Entering MoUs between MAIL and Individual/Group Landowners, to be coordinated by IMST, which will submit a copy each to district governor and HQ at Kabul. This will ensure documented record of land donated or transferred to the ministry against compensation. In case of projects where individual PAPs are not significant in terms of numbers and amount of the land/asset loss of each PAP, MoU between PAPs and MAIL can be signed. In such case, MoU paper shall contain name and signature of all the persons whose land/asset will be transferred to MAIL/AAIP’s subproject voluntarily.  Information Disclosure and Consultations before construction: The community representative/contractor, as the case may be, shall, prior to mobilization of work, provide details of temporary impacts during construction such as disruption on existing pathway, increased pollution levels, possible damages to adjacent land due to movement of machinery and project completion date so that community is well aware of the project issues. Similar provision shall be made for separate consultation with women of the community. 45 Format of Abbreviated RAP An Abbreviated RAP covers the following minimum elements: 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. 46 Appendix 2: Guidelines for Land Donation and Community Compensation No land or asset acquisition may take place outside of these guidelines. These guidelines provide principles and instructions to ensure (1) the truly voluntary nature of any land donation, and (2) no donations effecting a livelihood impact exceeding ten (10) percent be allowed without to the individual/community. Voluntary Donations and Acquisition against Community Compensation a. Voluntary contributions. In accordance with traditional practices, individuals may elect to voluntarily contribute land or assets without compensation. However, the voluntary nature of any donation has to be clearly and fully documented by the individual PAP and supported by an assessment by the Safeguards Officer of the livelihood impact of the donation. No donation resulting in livelihood impact exceeding 10% is allowed. b. Voluntary contribution, or contribution against compensation, should be documented.  The infrastructure must not be site specific.  The impacts must be minor, that is, involve no more than 10 percent of livelihood  The area of any holding and require no physical relocation.  The land required to meet technical project criteria must be identified by the affected community, not by line agencies or project authorities (nonetheless, technical authorities can help ensure that the land is appropriate for project purposes and that the project will produce no health or environmental safety hazards).  All land documentation should specify that the land is free of any squatters, encroachers or other claims.  Verification (for example, notarized or witnessed statements) of the voluntary nature of land donations must be obtained from each person donating land.  If any loss of income or physical displacement is envisaged, verification of voluntary acceptance of community-devised mitigation measures must be obtained from those expected to be adversely affected.  If community services are to be provided under the project, land title must be vested in the community, or appropriate guarantees of public access to services must be given by the private titleholder  The land donation format should be prepared and signed by land owner who is donating his/her land voluntarily, statement and signatures of two witnesses, confirmation of local CDC, district court/governor and provincial officials are required. The land donation documents need to be prepared in 3 copies which to be kept within Land Owner, district Court and AAIP HQ.  No physical work can be initiated until agreed compensation has been paid.  Land transfer should be legally registered.  Grievance mechanisms must be available. 47