SFG1089 V2 REPUBLIC OF KAZAKHSTAN MINISTRY OF INVESTMENTS AND DEVELOPMENT COMMITTEE FOR ROADS SOUTH WEST ROAD CORRIDOR PROJECT: UZYNAGASH-OTAR ROAD SECTION OF “ALMATY-KORDAY-BLAGOVESCHENKA-MERKE-TASHKENT-TERMEZ” DRAFT RESETTLEMENT ACTION PLAN FINANCED BY INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT AND THE REPUBLIC OF KAZAKHSTAN JANUARY 2017 , TABLE OF CONTENTS 1. INTRODUCTION………………………………………………………………………………. 5 2. PROJECT DESCRIPTION…………………………………………………………………........ 6 2.1. Project Background………………………………………………………………………… 6 3. SOCIO-ECONOMICAL BASELINE 8 3.1. Socio-Economical characteristics of project sites 9 4. BRIEF DESCRIPTION OF THE LAND ACQUISITION……………………………………… 9 5. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK………………………………… 12 6. LAND ACQUISITION PROCESS……………………………………………………………… 18 6.1. Involuntary Land Acquisition /Resettlement Principles ……………………………………... 19 6.2. Principles of Resettlement Planning and Implementation…………………………………... 20 6.3. Additional Measures…………………………………………………………………….......... 20 6.4. Encroachment and Informal Land Use………………………………………………….......... 20 6.5. Land Swaps vs. Cash Compensation 21 6.6. Socio–economic baseline for Identification of Project Affected Persons (PAPS) ….………. 21 7. PROPERTY VALUATION AND COMPENSATION PROCESS………………………………. 23 7.1. Valuation Process…………………………………………………………………………..... 23 7.2. Affected Population……………………………………………………………………........... 24 7.3. Land Acquisition and Resettlement Impacts for Kurty – Burylbaital Rod Section…………... 24 7.4. Project Impacts on Structures……………………………………………………………….... 26 8. PUBLIC CONSULTATION AND DISCLOSURE…………………………………………........... 26 8.1. Institutional Arrangements and Grievance Redress Mechanism……………………………... 28 9. GRIEVANCE REDRESS MECHANISM INCLUDING GRIEVANCE DURING 28 CONSTRUCTION…………………………………………………………………………………... 9.1.Grievance Registration................................................................................................................... 29 10. MONITORING AND EVALUATION............................................................................................... 33 11. IDENTIFICATION OF ADDITIONAL COMPENSATION REQUIRED BY WB............................ 34 11.1 Identification and Additional Payment to Vulnerable People....................................................... 35 11.2 Transitional Allowance for Relocation.......................................................................................... 35 11.3 Significantly Affected Families..................................................................................................... 35 12. MONITORING AND EVALUATION............................................................................................... 36 13. IMPLEMENTATION OF THE COMPENSATION SCHEME......................................................... 37 14. SCHEDULE AND BUDGET................................................................................................................ 41 14.1. ASSESSMENT OF COSTS ……………………………….................................................... 42 14.2. GENERAL BUDGET………….………………………………........................................ ............ 42 APPENDICES: Appendix - 1: Information on the Land Plots Appendix – 2: Minutes of public hearings 2 , ABBREVIATIONS ADB Asian Development Bank AP Affected People CR Committee for Roads MoID Ministry for Investment and Development EBRD European Bank for Reconstruction and Development GRP Gross Regional Product IDB Islamic Development Bank IFI International Financial Institutions KZT Kazakhstan Tenge LARF Land Acquisition and Resettlement Framework LARS Land Acquisition and Resettlement Survey NGO Non Governmental Organization PAPS Project Affected Persons OP Operational Procedure PMC Project Management Consultant CSCs Construction Supervision Consultants CCs Construction Contractors PIB Public Information Booklet RAP Resettlement Action Plan GRM Grievance Redress Mechanism RK Republic of Kazakhstan ROW Right of Way SSICOL State Scientific Industrial Center on Land TOR Terms of Reference WB World Bank WE-WC Western Europe Western China ORM Operational Requirement Management RPF Resettlement Policy Framework 3 , Glossary Affected People, Households, or Legal Entities affected by project related changes in use and access Persons to land, water, natural resources, or income losses. Compensation Payment in cash or kind to which the Affected People are entitled in order to replace land or other assets taken for project use. Cut-off-date Date after which people WILL NOT BE considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Self- People who move into the project area, or who have trespassed into government land Encroachers adjacent to their own, after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Persons informally or without legal documents using or occupying land prior to the cut-off date are eligible for compensation or alternative forms of assistance. Entitlement Entitlement means the range of measures comprising compensation in cash or kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to APs, depending on the type, degree and nature of their losses, to restore their social and economic base. Household Household means all persons living and eating together as a single-family unit and eating from the same kitchen whether or not related to each other. The census used this definition, and the data generated by the census forms the basis for identifying a household unit. Income Income Restoration means re-establishing productivity and Livelihoods of APs. restoration Involuntary Any resettlement which does not include desire of persons to get under negative Resettlement impact, but forcedly get under influence, via law tools. Involuntary resettlement refers both to physical displacement (relocation or loss of. shelter) and to economic displacement (loss. of assets or access to assets that leads to loss of income sources or means of livelihood. Land Land Acquisition means the process whereby a person is compelled by a public agency to acquisition alienate all or part of the land she/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation. Rehabilitation Assistance provided to affected persons to supplement their income losses in order to improve, or at least achieve full restoration of, their pre-project living standards and quality of life. Socially Population, who have income less than average income or below the poverty line or have vulnerable other sources of personal vulnerability to hardship in adapting to changes caused by the people project. Operationally, this is defined as people eligible for State Targeted Assistance, as per January 2011 information from Statistic Department of Almaty region. Land Owner Physical or legal entity, who uses land plot based on the right of private property, i.e. has purchased the right for property from the state. Lease-Holders A person or a legal entity who holds a right of leasing the land (long or short term) on a contractual bases. Typical long-term lease is 49 years. 4 , 1. EXECUTIVE SUMMARY The World Bank is financing 1,200 km of highway between Aktobe and Zhambyl Oblasts, about half of the Western China – Western Europe road corridor. Activities include road management enhancement and road safety along the newly constructed roads. For Otar-Uzynagash section:civil works will include the upgrade of an existing Otar-Uzyngash road section from km 56 to km 162 of the «Almaty- Kordai - Blagoveschenka-Merke-Tashkent-Termez» road. The road section will be upgraded to a two carriageway, four lane, class-1 road with asphalt surface. Three bridges and four interchanges are envisaged. The pavement design will allow 13 tons single axle load, while the design speed will be set to 120 km per hour. This draft Resettlement Action Plan (RAP) is based on detailed designs prepared by the Government agencies and follow up social impact assessments including a census survey and public consultations. The RAP takes into account all persons, parties, property, business, legal and illegal The RAP includes a socio- economic analysis of status of affected persons, types and magnitude of project impacts, and mitigation measures that need to be taken to ensure that affected persons are benefited by the project, and also to restore or increase their incomes at the end of the project. A full census survey to be completed only after full and final design data, where information is available regarding land tenure, land use, ownership, expected losses, temporary impacts for properties that are affected during construction by the project. The RAP also incorporates Kazakhstan laws and procedures and the World Bank Resettlement Policy requirements to compensate all the persons whose private land status is affected permanently or temporarily due to reconstruction of the road section, including purchase and temporary use during construction. Under the proposed road section, most of the land is state-owned. A total of 15 land lots have been identified for permanent and temporary land acquisition, which are private. These plots that will be acquired include livestock grazing and commercial lands. Land owners of rented land plots have been offered alternative land plots as a compensation instead of seized land plots. Of 15 affected lands plots 10 are pasture land of 18.18 hectares and 5 commercial plots of1.13 hectares. No residential land is affected. The affected agricultural land is used for grazing and not for cultivation. According to the current legislation of the Republic of Kazakhstan, Akimats of Almaty and Zhambyl districts of Almaty region together with owners, whose land plots are subject to seizure, will carry out measures to select alternative land plots at will. Landowners of lands subject to acquisition at this road section expressed a desire to obtain alternative land plots instead of those seized according to the current legislation of the RK, local executive bodies provided them with alternative land plots. The alternative plots are of equivalent size and productive value for the livelihood activities they used such as grazing and agricultural activities. The Akimat has paid due attention provide alternative lands in close proximity in order to ensure smoot transition of the livelihood activities they used to do in the original land plots. There are some temporary impacts anticipated during the construction period: This is for construction of site office and other related structures identified by the contractor. It is estimated that temporary acquisitions will be limited to six to twelve months period at a given road section/location. If the duration of the acquisition is extended beyond that period or if a temporary acquisition is converted into a permanent taking of land, the entitlements received during the temporary acquisition will not be deducted. Other than construction related buildings, constructions may disrupt cattle crossing paths and restrictions for pedestrian crossings. The Contractor will provide alternative access for cattle and pedestrian crossings with the consent of local communities The PAPs including land owners will be able to express their grievances through the Grievance Redress Mechanism (GRM) established under the project at any stage of the project. The resettlement budget at this stage includes only costs for formal land registration and transfer fees or taxes. The final RAP will be translated to Kazak and Russian language and will be disclosed locally and the World Bank website. 5 , 2. INTRODUCTION World Bank OP 4.12, Involuntary Resettlement, sets out planning requirements to be met when proposed projects would cause land acquisition or associated impacts. The policy generally presumes that such a planning process can be initiated prior to land acquisition. Overall, the operational policy document based on the assumption, that the planning process can be started before the land acquisition. It is necessary to prepare Resettlement Action Plan regarding future land acquisition within the framework of “Almaty – Korday – Blagoveschenka – Merke – Tashkent – Termez” road construction project, section km 63-159 of republican road. This “Uzynagash – Otar” RAP outlined the resettlement plan, which includes the specific details of the project, laws and mechanisms, regulatory issues, land acquisition and resettlement impact in "Uzynagash-Otar" project and aspects of compensation. The draft resettlement plan shall necessarily be approved by the Akimat of Almaty and Zhambyl oblasts, since according to Art. 18 Art. 16-18 of the Land Code of the Republic of Kazakhstan and Art. 61-69 of the Law "On State Property" dated March 1, 2011 acquisition, purchase of land and immovable property for the construction of the road shall be carried out by local executive bodies - in particular district Akimats of Almaty and Zhambyl oblasts. As described in greater detail below, the RAP presents the scope and scale of land acquisition that is required, as well as the principles and procedures by which it will be undertaken. The processes are compared with the principles and procedures set out in land acquisition and resettlement document that will be agreed by the Bank and the Committee for Roads, in order to identify possible shortcomings. The RAP outlines and specific procedure for determining affected people and who may require various forms of compensation or assistance, so that the processes of land acquisition in the future are in line with the agreed standards. 3.1 Project Background Otar - Uzynagash Road Project has a total length of 95,376 km, including bypasses of Samsy village 17,071 km and Targap village 10 km, is a part of Almaty-Korday-Blagoveschenka-Merke- Tashkent-Termez republican road which will provide necessary link in the international corridor between Western China and Western Europe. The Corridor’s objective is to provide a separate road through Western China, Kazakhstan and Russia in all weather conditions. This corridor will increase economic profit, significantly improve the flow of goods, tourists; improve social contact between China and Kazakhstan. Designed section of route from km 63 to km 159 is a part of “Western Europe – Western China” transit corridor. In 2006 the road was reconstructed, of which 49 km (km 14-63) is I Technical Category (4 lanes, 6 , 2 lanes in each direction with dividing strip), 99 km (km 63-162) is II Technical Category (2 lanes, 1 lane in each direction). Fig. 1 – “Uzynagash – Otar” section layout The design provides two bypass of settlements, which are specified below (Samsy and Targap Bypass). Length of the route with alignment prelimenary equals to 102.801 (from km 56 to km 158+801). Alignment and bypass of Samsa village - km 63+000 - 80+398 (bypass length is 17.071 km); Bypass of Targap village - km 89+705 - 100+000 (bypass length is 10 km). Section (63 km) begins at the north-west of Almaty city from Uzynagash village and ends connecting with bypass Korday in Otar. "Uzynagash-Otar" road section runs through the highlands, plains and hilly terrain. The road is initially in the northern direction, starts at an altitude of 765 m, goes flat terrain on Karatorpak gorge, descending to 685 m, and then runs up to 27 km in hilly terrain with several passes with elevations up to 760 m, the latter pass lead to dropdown valley. Samsy and Ungurtas villages are located 13 km and 18.50 km, respectively, from the end of the dual carriageway that passing from Almaty at approximate distance of 57 km through Uzynagash towards Otar. Cillages like Ulguli, Ungurtas, Targap, Kopa, Degeres, Beriktas are located along the road between Uzynagash and Otar. During the field survey, conducted in October 22, 2014, all the detailed features of the existing roads were studied and analyzed, including the proposed bypasses of Samsy and Targap villages. The attached drawings shows the suggested bypasses that will improve highway roads, road safety, reduce the number of traffic accidents and reduce the length of the road and provide the possibility of future expansion of settlements, which are not located far away from them, in order to avoid the 7 , negative impact of bypasses. The proposed bypasses, which will ensure safety near settlements, are the most optimum and are likely to positively affect the future development of the growing population, including social and economic development of two settlements. Fig. 2 – Mentioned bypass layout ROW of the existing road is 40 m. Due to the expansion of the road, according to preliminary estimates it is required to purchase land along the route and suggested bypasses. Some agricultural lands will be affected along Section. The project provides replacement of old culverts for new bigger culverts, some additional pipes will be provided as and when necessary. About 80% of the section will pass along the existing road which is much smaller and worth by quality. The section ends near Korday bypass at 162 km. There are no natural areas, ecosystems or sensitive habitats along this section. There is surface water in road location area. The main surface water sources in the area of the road to be reconstructed are rivers Karasu, Kurozek, Samsy, Zhyrenaygyr, Targap. The rivers’ nutrition is mostly soil and atmospheric and water levels are dependent on the annual amount of solid precipitation. The extent of mineralization in spring is little, and in summer and winter it increases. The region is dominated by groundwater of modern Quaternary and Paleozoic sediments that lie at great depths. Groundwater is widespread. The depth of its occurrence varies from 2 to 10 meters. In terms of quality it is fresh. In some places, the alluvial cone base groundwater wedging out forms spring and wetlands (saz). In spring and summer many rivers floods, as a result of which there is a flooding of bridges. Spring and mud floods of mountain rivers carry large amounts of gravel and sand deposits. When running from mountains, the water of rivers are intensely used for irrigation. The project includes two interchanges at different levels of the "trumpet" type, at km 59 + 120. 8 , Existing bridges will be reconstructed with the broadening of the additional two lanes. The average level of section is 600 meters above sea level; with a minimum of 560 meters and maximum of 640 meters. Artificial structures along "Uzynagash-Otar" road section to skip the maximum discharge of water of rain floods, are presented by round and box culverts of different diameters and sizes. All pipes were built in 2004 and are in relatively good condition. Condition of the existing road according to the parameters of the plan, longitudinal and cross section profiles does not meet the requirements of technical category Ib according to SNIP RK 3.03-09-2006 *. Working designs of "Western Europe-Western China” corridor reconstruction", "Uzynagash-Otar” sections km 63-101 and km 101-143 of "Almaty-Korday-Blagoveschenka-Merke-Tashkent- Termez" republican road were developed by the institute LLP "PII Kazdorproject" based on assignments of Almaty regional branch of JSC "National company "KazAvtoZhol". Further, km 143-159 of republican road "Almaty-Korday-Blagoveschenka-Merke-Tashkent- Termez", was developed by the Design Institute LLP "SK Engineering" based on Assignment of Zhambyl regional branch of JSC "National Company "KazAvtoZhol". For development of working design institute LLP "PII" Kazdorproject" and LLP "SK Engineering" in 2015-2016 made complex topograpic surveying and geotechnical investigations. Relevant activities on approval made with all stakeholders in the prescribed manner: land acquisition under the highway, location of new culverts, intersection and convergence of communications with the road with their owners, received the approval on water withdrawal from local sources for technical needs. All approvals have been discussed and accepted at the public hearings. In addition to that the one of the mandatory requirement of State expertise is obligatory, approval of projects with local executive bodies.. Areas for short-term stop of cars In order to provide to drivers and passengers en route of appropriate conditions for the observance of the regime of work, food, rest, meet other needs, to check the technical condition of vehicles and cargo the project provides construction of areas for short-term stop of cars. Capacity of rest area is 10 vehicles (5 cars, 5 trucks). The following are provided on rest area: trestle for the technical inspection of cars, two-seat toilet, a gazebo with benches and tables. Bus stops. Design for road section reconstruction provides the construction of bus stops, with acceleration and deceleration lanes, installing the bus shelters. Construction of landing spots, installation of bus shelters, benches, litter bins, as well as construction of sidewalks in the direction of the main flow of passengers at a distance of not less than the distance of lateral visibility, marking of pedestrian crossings is provided at bus stops. 9 , All the bus stops are designed according to the requirements and design standards SNIP RK 3.03- 09-2006 * and standard project 503-05-8.84 and VSN25-86. The intensity of traffic is a key indicator in the justification of the road category, appointment of the main elements of the road in plan and profile, defining of the pavement and its calculation. The study of traffic intensity helps to reveal and to clarify the size and composition of the traffic witinh 24 hours, and the ratio of local and transit traffic. At the same time the estimated traffic for 20 year perspective, in transport units will be 15,474 vehicles/day, lead to passenger car 26,158 units/day. Mostly, the route passes through the open areas, the level of population living directly next to the road, is very low. The proposed design involves the acquisition of land and the associated impacts that are expected to be minimal in the road project, with a length of 95 km route plan. Project Management Consultant (PMC) will assist the Committee with the management of all activities related to the project in a joint effort between the World Bank and the Government to ensure the effective and transparent implementation of the WE – WC program. PMC will also transfer the knowledge to MID personnel, as part of capacity-building efforts. Construction supervision consulting services within the modernization and reconstruction of the road will include the review of the detailed engineering design and the implementation of supervision. According to administrative division 80 km of the projected section passes through the territory of Zhambyl district of Almaty region and 16 km runs through Korday District of Zhambyl region. 4. SOCIO-ECONOMIC PROFILE OF THE PROJECT IMPACT ZONE 4.1. SOCIO-ECONOMIC CHARACTERISTICS OF PROJECT SITES Reconstructed road passage oblast consists of the following settlements: Uzynagash village, Samsy village, Sarybastau village, Ungurtas village, Targap v., Degeres v.. Uzynagash is a village in Zhambyl district of Almaty region of Kazakhstan, the administrative center of Zhambyl district. The administrative center of Uzynagash rural district. Uzynagash is located in 43 km to the West of Almaty. Two routes lead to it - Almaty - Bishkek road and the upper road along the mountain slopes. There are 3 settlements in the district: the center of the district - Uzynagash Village, Zhanakurylys Village, Yntymak Village. The population is 41 089 people, including 19 542 men and 21 547 women, the area is 41439,22 ha of land, Livestock population is 15 416 heads. There are 7 schools in the district: Abai Secondary School, Berdikulov Secondary School, Ryskulov Secondary School, Valikhanov Secondary School, 10 , Nauryzbai Batyr Secondary School, Karsakbayev Secondary School, Yntymak Secondary School, as well as Boarding School. Number of school students is 7 606, 12 kindergartens, 1 hospital, 2 rural outpatient clinics, 3 first aid stations (hereinafter referred to as FAS), 156 stores, 605 farms. Sarybastau is a village in Zhambyl district of Almaty region of Kazakhstan. It is included in the Ungurtas rural district. There are 4 settlements in the district: Ungurtas, Sarybastau, Akdala, Kokkainar; the district center is Ungurtas Village. The population is 4 315 people, including 2214 men and 2101 women, the area is 32 460 ha of land, livestock population is 4 444 heads. There are 4 schools in the district: Ungurtas Secondary School, Sarybastau Secondary School, Akdala incomplete education secondary school, Kokkainar Secondary School. The number of students is 589, there are 3 FAS, 2 production cooperatives (hereinafter referred to as PC), 2 limited liability partnerships (hereinafter referred to as LLP), 13 stores, 103 farms and 1 café. Ungurtas Village is located 34 kilometers away from the District Center of Uzynagash Settlement. Samsy is a village in Zhambyl district of Almaty region of Kazakhstan. The administrative center of Samsy rural district. Samsy Rural District is composed of three settlements: Samsy, Targap, Kopa, where there are 3 503 people living. The population is 3503 people, including 1701 men and 1802 women, the area is 32 460 ha of land, livestock population is 20 518 heads. There are 3 schools in the district: T.Sarsenbekov Secondary School, Targap Secondary School, Kopa incomplete education secondary school. The number of students is 529, there are 2 FAS, 1 PC, 3 LLPs, 20 stores, 90 farms and 2 cafés. Samsy Village is located 23 kilometers away from the district center of Uzynagash Settlement. Targap is a village in Zhambyl district of Almaty region of Kazakhstan. It is included in the Samsinskiy rural district. It is located about 40 kilometers west of the Uzynagash village. There are 5 settlements in Degeres Rural District: Degeres, Besmoinak, Bulak, Sunkar, Karaarsha, the district center is Degeres Village. The population is 4 060 people, including 1985 men and 2075 women, the area is 53 989 ha of land. There are 5 schools in the district: Ospankhan Secondary School, Aubakirov Secondary School, Zhangeldin Secondary School, Sunkar Secondary School, Bulak Elementary School, and Karaarsha Elementary School. The number of students is 582, there is one rural outpatient clinic, 4 first aid stations, 1 “Bobek and Bobekzhaiy” Kindergarten, 2 post offices, 5 stores, 2 toikhana (restaurants), 1 baths, 3 LLPs, 142 farms. Degeres Village is located 65 kilometers away from the district center of Uzynagash Village. The existing "Almaty-Korday-Blagoveschenka-Merke-Tashkent-Termez" road km 63-159 passes through Zhambyl district of Almaty region and Korday District of Zhambyl region, within the existing right of way of 40 meters CoR, MID RK. In all the above villages, residents are engaged in cattle breeding, in particular the breeding of camels, cattle, horses, sheep and goats. Lands are used for grazing, and land plots where there is fertile soil, vine crops are grown. In addition to that it should be mentioned that the project does not have significant impact on agriculture, since reconstructed road passes along the existing road (it is widened only: changed from category 2 to category 1) and the project stipulates artificial structures (cattlepasses, culverts, 11 , bridges and etc.), which have been agreed with local executive bodies (akimats) and heads of farms. In August 2015, social surveys have been carried out throughout the entire Center-South Transport Corridor (questionnaire-based surveys, which have been approved by the experts of the World Bank). The subject of the survey carried out was the issue related to the impact of the transport infrastructure on social and economic conditions of life among population. The objects of the survey were the stakeholders and users of the road construction project: population, employees of state and budget organizations, entrepreneurs. The survey covered 224 households from 9 settlements affected by the Center-South project. In addition to the survey, there were focus groups involving participation of representatives of akimats, education and healthcare institutions envisaged acting as structures that are most frequently in contact with population and that are most aware of its needs (list of questions is attached). Results of the social surveys were represented in the form of a report, which has been provided to the World Bank. According to this survey, it has become clear that construction and reconstruction of the road will lead to positive social impacts on weakly protected groups of population (who are stakeholders of the project), since due to the increase in transit, development of small-sized businesses is possible along the road. Results of the surveys carried out have shown that the stakeholders are understanding the initiative as a rather useful one and bind them with certain expectations. The carried out social and economic survey has identified that there is acute need for improvement of the situation in relation to the transport communication in the region. The questioned people have noted that the existing roads are in unsatisfactory condition. It leads to the problems associated with delivery of patients to hospitals, school children to educational institutions, as well as the problem with communications inside the project region in general. All the questioned persons are confident that the road construction will positively affect the region development: travel time will be reduced, access to other regions will be improved, which will contribute to the development of the village and improvement of life in population. As a result of the road construction, businesses and trade will be further developed; and due to the reduction of travel time, it will be easier to reach medical and educational institutions. 5. BRIEF DESCRIPTION OF THE LAND ACQUISITION The Right of Way of the existing road is 40 m. In connection with the expansion of the road, according to preliminary estimates along the route and suggested bypasses it is necessary to purchase land. Some agricultural lands and irrigation system will be affected along section. About 80% of the section will pass along the existing road which is much smaller and worth under the quality. Land acquisition for permanent use is required for the reconstruction of the road. Household area survey was carried out in the presence of representatives of all stakeholders and the affected land users, for the purpose of selection of land plots for the reconstruction of "Almaty-Korday- Blagoveschenka-Merke-Tashkent-Termez" republican road km 63-159 under the I-b category, and acts of land selection were prepared and signed by the commission. 12 , To accommodate the new elements of the road lane permanent allotment is accepted as 70 m according to "Standards and regulations for the allotment of public roads", so additional allotment is required across the road. The total area of permanent land acquisition is 19.31 hectares (see Annex 1). Land Acquisition is agreed with all stakeholders in the prescribed manner according to the Land Code of the Republic of Kazakhstan. The need for private or leased land from the state to the temporary allotment will not be required. 6. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK RELATED TO LAND ACQUISTION AND RESETTLEMENT 6.1 National Legal Framework for Land Acquisition. Land is state owned. It can be transferred, sold, or rented to individuals or enterprises. Generally, it is leased for 49 years. Once land is in private hands, the State can reclaim it only for specific uses, and only after compensating the owner. Kazakhstan’s laws and regulations regarding land and land ownership derive from the Constitution, which states that land (surface and underground) is in principle owned by the State, but can also be privately owned (Article 6.3). Article 26.3 also states that no one may be deprived of property unless stipulated by a court decision. Forcible alienation of property for public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation. The Land Code of the Republic of Kazakhstan (CODE No. 442 of 20 June 2003) covers the reservation of land for State needs, stating that “[a] land plot may be reserved for state needs by way of purchase or by granting an equivalent land plot with the consent of the owner or land user” (Article 84.1). In the case of land under lease, the land user is compensated for the full amount of losses and may be granted an alternative plot (Article 84.4). The availability of suitable land to swap varies from one location to another, however. Landowners and users must be notified of the decision to purchase a year in advance, unless the owner or user agrees to release the land more quickly (Article 85.2). If part of a land plot is reserved and the remainder of the plot cannot be used as before (creating orphaned parcels), then the whole plot should be purchased (Article 86 para 2). Outside of towns and settlements, land is generally owned by the state and managed by the district administration. Land used for agriculture or livestock is typically leased to land users at a modest rent on a 49-year term. Informal use is prohibited. Some areas where construction is anticipated are currently leased out to private users, primarily for grazing. Fortunately, the area is characterized by ample open space where alternative areas are generally available. Meetings with district officials confirm that land taken for construction works could be replaced by other land in the vicinity to ensure that the current size or integrity of land leases is maintained. No physical displacement of people is anticipated. The price of a land plot purchased for State needs is determined by agreement with the owner or land user (Article 87.1). The payment price includes the market value of a land plot or rights to it 13 , and of real estate situated on it, as well as all losses caused to the owner or land user due to loss of a land plot, including losses that they incur in connection with the premature termination of obligations to third parties (Article 87.2). If the owner or land user agrees, another plot of equal value can be substituted instead of cash compensation (Article 87.3). If an owner disagrees with the decision to purchase (reserve) or disagrees with the price offer or other conditions of the purchase, the authority that issued the decision to purchase can file a lawsuit to ask the court to purchase the plot (Article 88 para 1) after the year of notification has passed (Article 88 para 2). In disputed cases, the land cannot be accessed until the court adjudicates a settlement that specifies levels of compensation and losses (Article 166.7). Prior to the beginning of the forced alienation of land or other immovable property the Resolution of the Government of the Republic of Kazakhstan or local executive body (Akimat) in accordance with the Land Code (Article 84) of the Republic of Kazakhstan assigning a local executive body (Akimat) to act within the competence provided by the Land Code of the Republic of Kazakhstan. In the decree on the beginning of forced alienation of land or other immovable property in connection with the land acquisition for public use are indicated: 1) the purpose and the basis of forced alienation for public use; 2) location, area, cadastral number of the land; 3) the owner of the property or non-state land user; 4) the date of forced alienation, but not earlier than three months from the date of the official publication of the given decree; 5) places where have to appeal to the owner or non-state land users for procedure of reconciliation. In case if any changes are made in the specified decree regarding to subparagraphs 2) and 4) of this given paragraph, then the procedure of forced alienation for public use is carried out again from the date of publication of the decree on amendments and additions to this given decree. These decrees shall be published respectively in the national or local media within three working days from the date of their adoption. In the case, if the right of private ownership of the land in accordance with the legislation of the Republic of Kazakhstan, is not registered, the owner after the decree, can make the necessary arrangements to confirm the right of private ownership of the land in respect of which the decree has made. At the same time the period of forced alienation for public use, which accepted by the decree, is extended for not more than six months. Executive authority or on behalf of the superior body, subordinating executive body shall not later than three calendar days after publication of the decree, should send to owner or non-state land owner a written notice of forced alienation of land or other immovable property in connection with the land acquisition for public use with the attachment of draft contract on land acquisition or other immovable property in connection with the land acquisition for public use by the post mail 14 , with mandatory receipt of the notification of the receipt of posting. In the absence of notification of the receipt of posting the documents specified in given paragraph shall be sent again. Notification of forced alienation of land or other immovable property in connection with the land acquisition for public use as a legal claim is subject to state registration in accordance with the Law of the Republic of Kazakhstan "On state registration of rights to immovable property." The basis forced alienation of land or other immovable property in connection with the land acquisition for public use is a contract of land acquisition or other immovable property in connection with the land acquisition for public use or court decision. Local executive body (Akimat) submits to the relevant local representative body (Maslikhat) of draft agreement on land acquisition or other immovable in connection with the land acquisition for public use within two months from receipt by owner or non-state user of notification of alienation of land or other immovable property in connection with the land acquisition for public use or rights for it. Draft agreement on land purchasing or other immovable property in connection with land acquisition for public use is considered by the Standing commission of the local representative body not later than two weeks from the date of its submission with the obligatory invitation of the owner and the persons whose rights in relation to the alienated property will be terminated or limited. Upon reaching an agreement with the owner or non-state land user of alienated for public use property and other persons whose rights in relation to the alienated property will be terminated or limited at forced alienation, agreement on land acquisition or other immovable property in connection with the land acquisition for public use is approved by the executive authority by the agreement with the local representative body and signed by the owner or land user. In the agreement on land purchasing or other immovable property in connection with the land acquisition for public use shall include: 1) the price for the land which has no be acquired, determining in accordance with the procedure established by Article 87 of the Land Code of the Republic of Kazakhstan and Article 67 of the Law "On State Property" and identifying characteristics of the property or the land plot, provided to the owner or land user instead of acquired land; 2) the difference in cost in case if the price of the acquired land plots would be higher than the price (value) of land provided instead; 3) the amount to be reimbursed losses, including the value of immovable property which is acquired in connection with the land acquisition for public use, if incurred in connection with the forced alienation; 4) the period of payment of the price (value) for the acquired land or other immovable property in connection with the land acquisition for public use or transfer of land plot (other immovable property) provided to the owner instead of acquired for public use; 5) property assets to be acquired for public use; 15 , 6) a list of persons whose rights in relation to the alienated property will be terminated or limited; 7) the financing expense procedure of the government on the acquisition of property for public use. In case of disagreement of the owner of acquired property for public use or non-state land user with the decree referred to paragraph 2 of Article 63 of the Law of the RK "On State Property" and (or) the failure to reach an agreement with him about the value of acquired property for public use and the amount of damages which are have to be reimbursed at the end of three months from the date of receipt of the notification by the owner or non-state land user, but no later than (date) the implementation of forced alienation which is determined in the decree referred to paragraph 2 of Article 63 of the Law "On State Property", the local executive body have the right to go to court with a claim of forced alienation of land or immovable property in connection with the land of acquisition for public use. Civil cases upon claims of forced land alienation or other immovable property in connection with the land acquisition for public needs are considered and resolved within one month. 8) In the case of claim rejection on forced alienation of land or immovable property in connection with the land acquisition for public use damages inflicted to the owner or non-state land user, in the result of filing of a claim and submission of decree referred in paragraph 2 of Article 63 of the Law "On state property "shall be compensated from the budget. 9) The actual transfer of acquired land for public use or other immovable property in connection with the land acquisition for public use may be implemented only after the receipt by the owner or non-state land user whose rights in respect of acquired property is terminated or limited during the forced alienation, fair reimbursement, produced in the manner of determined by the Law of the RK "On State Property". State registration of the termination of the rights of the owner or non-state land user and the emergence of the state to the property is implementing by the submission to the body, which is providing the state registration of rights on immovable property, a document confirming the payment of reimbursement. The owner or non-state land user from the time of receipt of the notification on procedure initiation of forced land alienation or other immovable property in connection with the land acquisition for public needs before the reach an agreement on the value of acquired property for public use and the amount of damages to be reimbursed, or a court decision on forced land alienation or other immovable property in connection with the land acquisition for public use may implement its rights to land and other property and make the necessary expenses to ensure the use of the property in accordance with its intended purpose. In this case, the owner or non-state land user bears the risk of attributing to it the damages and losses associated with new construction, expansion or reconstruction of buildings (structures) and other immovable property in a given period. If the owner or non-state land user after the part of land acquisition for public use cannot use the past intended purpose of the rest part of land, then whole land plot is alienated. 16 , 1) during the transfer of property within the time specified in paragraph 1 of this article to another person by means of alienation or for other reasons, as well as by changing the right of owner by virtue of universal succession. Procedure of forced land alienation or other immovable property in connection with land acquisition for public use is applied (continued) in relation to the new right holder. The value of land alienated for state needs (excluding losses), acquired by the owner from the state, is determined by the amount which is paid to the state, except cases provided in paragraph 2 of this Article. At incomplete payment of value for the land (excluding losses), sold by the state by installments, and its acquisition at forced alienation for public use, price of alienated land is defined in the value amount paid to the State. 2) The value of the land alienated for state needs provided for individual housing construction, for private farming (except field plots), which has an individual house, in the amount is determined by the value of the land and located on it real estate, in the amount which is not exceeding their market value. The cost of land alienated for state needs which is passed to the owner under the civil law agreement or by court decision, is determined by the value specified in the civil contract or in the court decision, but not exceeding the market value. If in the civil contract price for the land is not specified, the cost of land is determined by its cadastral (appraised) value. 3) The cost of real estate located on the land is determined in an amount which is not exceeding the market value. The market value of the land or other immovable property alienated in connection with the land acquisition for public use is determined by an independent appraiser in accordance with Article 208 of this Act at the time of the receipt the notification by the owner or the non-state land user about coming forced land alienation for public use. 4) The amount of reimbursement is determined in accordance with paragraphs 4 and 5 of Article 9 of the Civil Code of the Republic of Kazakhstan on the basis of the value of the property and incurred losses caused by the owner or non-state land user as a result forced land alienation for public use and (or) caused by the early termination of obligations by the owner or non-land user to third parties. The amount of reimbursement to other persons whose rights in relation to forced land alienation for state needs will be terminated or limited, is determined on the basis of the losses that arise from this forced alienation. 5) Reimbursement is determined in KZT. 6) Under the agreement with the owner of the land or non-state land user, he may be granted instead of acquired land during expropriation for public use, other land taking into account the value of provided land or the rights to it in the value of the alienated land or the rights to it for cadastral (appraised) value. 17 , Reimbursement of the cost of land or other immovable property in connection with the land acquisition for public use and losses, which are to be recovered, is made in full before the date of transition to the Republic of Kazakhstan or administrative-territorial unit of ownership on specified property. 6.2 Reimbursement is made from the budget. Reimbursement by, other than money, property is permitted by agreement between the Republic of Kazakhstan represented by the Government of the Republic of Kazakhstan or political subdivision in the face of the local executive body and the owner of the property. This agreement shall be in writing on the contract of purchase of land or other immovable property in connection with the land acquisition for public use. Reimbursement is paid at the same time not later than one month from the date of signing of the purchase contract of land or other immovable property in connection with the land acquisition for public use or from the date of entry into legal validity of the court decision It is not allowed to carry out forced land alienation or other immovable property in connection with land acquisition for public use, providing installment payment of reimbursement. The owner of the acquired property or non-state land user from the time of the receipt of written notification of expropriation of land or other immovable property in connection with the land acquisition for public use within one month may initiate conciliation by filing appeal to the local executive body. The above appellation is recorded on the day of submission. Local executive body during one month is required to consider the proposals of the owner or non- state land user to the draft agreement on the purchase of land or other immovable property in connection with the land acquisition for public use according the composition of acquired property to persons whose rights in respect of acquired property will be terminated or limited, and the amount of damages to be recovered. From the time of receipt of proposals local executive authority must arrange for an independent assessment of the value of acquired property for public use and to determine the regulations of financing losses of the government on acquisition of property and to carry out other activities associated with the transfer of ownership of the property. Upon reaching an agreement between the local executive body and the owner or non-state land user of acquired property for public use, as well as other persons whose rights in respect of acquired property will be terminated or limited under expropriation, the draft agreement on purchase of the land or other immovable property in connection with the land acquisition for public use has to be sent to the local representative body for approval. If there is no agreement on the transfer of property from any of the interested persons, referred in paragraph 3 of this Article, the forced land alienation or other immovable property in connection with land acquisition for public use is carried out in the courts. Requirements for reimbursement before the transfer of ownership of the property to the Republic of Kazakhstan or to the administrative unit and other terms of reimbursement which are set out in Articles 67 and 68 of the Law of the RK "On State Property” cannot be canceled by mutual agreement. 18 , If in case of signing an appropriate finance agreement between the Republic of Kazakhstan and International Financial Institution, which is an integral part of the agreements, ratified by the Law of the Republic of Kazakhstan and, accordingly, the Land Acquisition and Resettlement Program expresses the views of the Government of the Republic of Kazakhstan and have the status of the International agreement. Along with it, the International agreements ratified by the Republic of Kazakhstan, identify provisions, which are different from mentioned in the Land Code of the RK, then the provisions of the above agreements will apply. International agreements ratified by the RK directly apply to the land relations. (Land Code of the RK, article 7). 6.3 LAND ACQUISITION PROCESS The feasibility study for an investment includes a proposed alignment and estimates of the the land area to be acquired permanently; the area of lands, needfor temporary acquisition for construction sites and borrow pits; and the number of buildings that would be demolished; cost of exactable property, rent, land restoration, falling within impact, is estimated. The document is sent to the oblast and region levels for review and comments. Then It is sent to Astana. Meanwhile, the region akimat issues a decree identifying the area, falling within impact. At this point, CoR requests the local executive bodies to reserve land plots for the purpose of stop the land dealing to prevent speculation. At the same time, owners are notified that their land may be acquired for government needs. i. The final design is prepared in an interactive manner, involving intensive field work and ongoing consultations with local officials, particularly on the rayon level. The design process generally starts with a meeting of all relevant officials in the oblast—agriculture, land resources, registration, utilities, public works, and others—to inform them of the tentative alignment and requesting information that should be taken into account in the final design. The final design includes more detailed maps of individual landholdings to be affected, complete ownership data from the cadastre, and estimated compensation for acquisition and losses. ii. Once the alignment is agreed with local bodies, the design team obtains maps of cadastral lands (lay out) on owners and Committee for Roads will ask the Akimat of the rayon to call affected owners together to discuss the land acquisition process. The data are then given to the licensed assessors who are responsible for determining the “market value” of the property to be acquired and negotiating compensation with owners. Although there is established precedent for assessing urban property values, rural property assessment is rather new, and transactions are not common in many areas. To determine rural property values, the assessor takes into consideration soil quality, productivity, trees, and other production characteristics, in addition to recent land transactions, if there are examples available. The assessors are expected to negotiate with owners and sign agreements, if possible, which are used for purposes of estimating project costs, but are not binding. Once the Akimat approve the final alignment, the CR can proceed with acquisition or expropriation. If the owners and akimat cannot agree terms, the Akimat can initiate a rayon (city) court after half year notification period ends. If Akimat or owner appeals to the court, the court renders a decision that includes the amount of compensation to be given to the owner. Judgments are said to be impartial, in favour of the Government or owner, depending on the case. Land cannot be accessed for road construction (reconstruction) until compensation is paid and the title is transferred to Government. 19 , iii. The previous practice was for the Rayon Akimat to establish a valuation commission that included officials and landowners, without specialized inputs. The use of licensed assessors was expected to reduce claims and result in a smoother acquisition process, but the final results will be seen once the acquisition process begins. iv. The final design identifies possible locations for work camps, storage and staging facilities, borrows pits and other sites for temporary use during construction. Contractors can use the information to estimate costs and logistics, but are not required to use the recommended sites. Based on the preliminary data of the design institutes, 2 000 people will be involved during construction. But, at the same time, it should be noted that the number of workers shall be determined by the contractors themselves, since these are their technical, production and qualification capabilities (as well as risks). For example, general workers, road workers, cooks, dishwashers, electricians, drivers and other specialists will be certainly involved from local population according to qualification requirements. Involvement of workers from other regions is possible, including Contractors will certainly involve their technical and engineering employees. It, in turn, will lead to improvement of a social status of the population in a construction (reconstruction) zone and road users. For instance, contractors can purchase fabricated reinforced concrete products for artificial structures or will underpour themselves by cast in-situ method, which will result in involvement of labor force for this amount of works. Civil works contracts will require the contractors to be responsible for negotiating for temporary land use and reinstatement of all land required outside of the right of way for construction camps, offices, borrow pits, materials storage sites, materials processing sites and haul roads. The contractors will select the land parcels they require and they will be responsible for negotiating agreements with land owners to use the land and extract materials. If a contractor fails to obtain an agreement with a landowner, the contractor must select an alternative site and negotiate a new agreement. No land can be occupied involuntarily for temporary construction purposes. Contractors are assumed to prefer to rent State land, rather than private property, but the choice is theirs. In either case, the arrangements must be subject to a written agreement between the contractor and the owner and lands are required to be returned to their original state after work is completed. 6.5 World Bank Policy related to Involuntary Land Acquisition/Resettlement Principles The World Bank policy O P 4.12 (Involuntary Resettlement) describes the principles apply in temporary or permanent impacts on households resulting from loss of land, structures or other fixed assets; changes in land use or business; restrictions on the use of land, housing or businesses. The principles apply to all “affected persons”, including those without formal licenses or titles, who experience impacts as the result of land acquisition or resettlement for State Needs.  Avoid or minimize land acquisition and resettlement;  Affected persons are entitled to be compensated at full replacement cost for their lost assets, incomes and businesses, including temporary losses or impacts, without adjustments for depreciation or deductions for any other purpose; 20 ,  Compensation (and other forms of assistance, as warranted) should enable affected persons to improve, or at least restore, their pre-project incomes and standard of living;  Affected persons must be consulted in resettlement planning;  Affected persons must be fully informed of their compensation options;  Land-for-land swap is the preferred compensation for lost agricultural land if it is available, unless an affected person chooses cash compensation;  Costs of transfer of property—purchase or swap—are waived or borne by the investor, including taxes, fees, documentation and court appeals;  Compensation will be made giving equal consideration to women and men;  Lack of formal title or use agreement does not bar affected persons from entitlements or assistance required to achieve the objectives of the policy;  Relocated affected persons receive assistance for relocation;  Special attention should be given to households headed by women and other vulnerable persons and appropriate assistance provided to assure that their living standards are maintained or improved;  Land acquisition and resettlement are executed as part of the Project and fully funded  Compensation will be fully provided before land can be entered for civil works or demolition.  For cases of disagreement with compensation the Government shall put the compensation amount plus 10% in an escrow account. Table 2 Comparison between Kazakhstan and World Bank Land Acquisition and Resettlement Policy/Practices Standard Practice of Land Acquisition in WB Policy on Involuntary Resettlement Kazakhstan Compensation of private land plot for WB policy requires explicit full replacement agricultural/livestock grazing purposes, cost coverage (market rate plus associated purchased from the State by the land owner and fees) it acquisition for public use must be determined as an equal sum on market price of land plot. Certain sub-categories of land ownership can be appraised at the cadastre purchase value, or civil-law value. Harvest/livestock grazing, trees and structures AP without legal rights and requirements are compensated only for registered (with legal have the right for compensation for lost of titles) AP’s. harvest, trees and structures (non-land assets). The Kazakh legislation does not explicitly The main purpose is considering the recovery require restoration of livelihood and standards of livelihood and living standards of relocated of living people, regardless of property right or legal status. 21 , Additional assistance for vulnerable group, Displaced persons should be assisted in their costs on relocation and on period of relocation efforts to improve their livelihoods and are not provided. However, targeted assistance standards of living or at least to restore them for socially vulnerable groups of the to the level at the moment when they were not population . resettled. Kazakh legislation suggests that the negotiated settlement finalized by a commission consisting of local authorities and regional (city) maslikhats. 7 LAND ACQUISITION PROCESS The feasibility study for an investment includes a proposed alignment and estimates of the the land area to be acquired permanently; the area of lands, needfor temporary acquisition for construction sites and borrow pits; and the number of buildings that would be demolished; cost of exactable property, rent, land restoration, falling within impact, is estimated. The document is sent to the oblast and region levels for review and comments. Then It is sent to Astana. Meanwhile, the region akimat issues a decree identifying the area, falling within impact. At this point, CoR requests the local executive bodies to reserve land plots for the purpose of stop the land dealing to prevent speculation. At the same time, owners are notified that their land may be acquired for government needs. v. The final design is prepared in an interactive manner, involving intensive field work and ongoing consultations with local officials, particularly on the rayon level. The design process generally starts with a meeting of all relevant officials in the oblast—agriculture, land resources, registration, utilities, public works, and others—to inform them of the tentative alignment and requesting information that should be taken into account in the final design. The final design includes more detailed maps of individual landholdings to be affected, complete ownership data from the cadastre, and estimated compensation for acquisition and losses. vi. Once the alignment is agreed with local bodies, the design team obtains maps of cadastral lands (lay out) on owners and Committee for Roads will ask the Akimat of the rayon to call affected owners together to discuss the land acquisition process. The data are then given to the licensed assessors who are responsible for determining the “market value” of the property to be acquired and negotiating compensation with owners. Although there is established precedent for assessing urban property values, rural property assessment is rather new, and transactions are not common in many areas. To determine rural property values, the assessor takes into consideration soil quality, productivity, trees, and other production characteristics, in addition to recent land transactions, if there are examples available. The assessors are expected to negotiate with owners and sign agreements, if possible, which are used for purposes of estimating project costs, but are not binding. Once the Akimat approve the final alignment, the CR can proceed with acquisition or expropriation. If the owners and akimat cannot agree terms, the Akimat can initiate a rayon (city) court after half year notification period ends. If Akimat or owner appeals to the court, the court renders a decision that includes the amount of compensation to be given to the owner. Judgments are said to be impartial, in favour of the Government or owner, depending on the case. Land cannot be 22 , accessed for road construction (reconstruction) until compensation is paid and the title is transferred to Government. vii. The previous practice was for the Rayon Akimat to establish a valuation commission that included officials and landowners, without specialized inputs. The use of licensed assessors was expected to reduce claims and result in a smoother acquisition process, but the final results will be seen once the acquisition process begins. viii. The final design identifies possible locations for work camps, storage and staging facilities, borrows pits and other sites for temporary use during construction. Contractors can use the information to estimate costs and logistics, but are not required to use the recommended sites. Based on the preliminary data of the design institutes, 2 000 people will be involved during construction. But, at the same time, it should be noted that the number of workers shall be determined by the contractors themselves, since these are their technical, production and qualification capabilities (as well as risks). For example, general workers, road workers, cooks, dishwashers, electricians, drivers and other specialists will be certainly involved from local population according to qualification requirements. Involvement of workers from other regions is possible, including Contractors will certainly involve their technical and engineering employees. It, in turn, will lead to improvement of a social status of the population in a construction (reconstruction) zone and road users. For instance, contractors can purchase fabricated reinforced concrete products for artificial structures or will under pour themselves by cast in-situ method, which will result in involvement of labor force for this amount of works. Civil works contracts will require the contractors to be responsible for negotiating for temporary land use and reinstatement of all land required outside of the right of way for construction camps, offices, borrow pits, materials storage sites, materials processing sites and haul roads. The contractors will select the land parcels they require and they will be responsible for negotiating agreements with land owners to use the land and extract materials. If a contractor fails to obtain an agreement with a landowner, the contractor must select an alternative site and negotiate a new agreement. No land can be occupied involuntarily for temporary construction purposes. Contractors are assumed to prefer to rent State land, rather than private property, but the choice is theirs. In either case, the arrangements must be subject to a written agreement between the contractor and the owner and lands are required to be returned to their original state after work is completed. 7.1 Involuntary Land Acquisition/Resettlement Principles The Government has agreed to apply the following principles in the acquisition of private land and resettlement of households for investments in the given Corridor, which reflect the principles incorporated into the LARF, consistent with resettlement policies of the World Bank. The principles apply in case of temporary or permanent impacts on households resulting from loss of land, structures or other fixed assets; changes in land use or business; restrictions on the use of land, housing or businesses. The principles apply to all “affected persons”, including those without formal licenses or titles, who experience impacts as the result of land acquisition or resettlement for State Needs.  Avoid or minimize land acquisition and resettlement; 23 ,  Affected persons are entitled to be compensated at full replacement cost for their lost assets, incomes and businesses, including temporary losses or impacts, without adjustments for depreciation or deductions for any other purpose;  Compensation (and other forms of assistance, as warranted) should enable affected persons to improve, or at least restore, their pre-project incomes and standard of living;  Affected persons must be consulted in resettlement planning;  Affected persons must be fully informed of their compensation options;  Land-for-land swap is the preferred compensation for lost agricultural land if it is available, unless an affected person chooses cash compensation;  Costs of transfer of property—purchase or swap—are waived or borne by the investor, including taxes, fees, documentation and court appeals;  Compensation will be made giving equal consideration to women and men;  Lack of formal title or use agreement does not bar affected persons from entitlements or assistance required to achieve the objectives of the policy;  Relocated affected persons receive assistance for relocation;  Special attention should be given to households headed by women and other vulnerable persons and appropriate assistance provided to assure that their living standards are maintained or improved;  Land acquisition and resettlement are executed as part of the Project and fully funded  Compensation will be fully provided before land can be entered for civil works or demolition. 7.2 Principles of Resettlement Planning and Implementation The majority of permanent Project impacts will cluster for dueling and at intersections, where most land acquisition will occur. Demolition of structures is not stipulated. Once final designs are completed and accepted by the rayon and oblast, they are passed to CR for final review and approval. This RAP has been subsequently prepared, based on the following steps:  An inventory of land use and users and their properties such as owned or leased land, enterprises, structures, or agricultural activities  Local consultations to engage affected persons in the design of the Plan  Publication of the plan for comment  Submission of the final plan and cost estimates to the World Bank for concurrence before funding is authorized. These steps also provide the basis for future tracking impact on affected persons as well as the effectiveness of RAP implementation and determine whether additional mitigation measures 24 , should be developed. A socioeconomic assessment to supplement current information will be executed early in project implementation to establish 7.3 Additional Legal Measures Land and Housing Codes in Kazakhstan regarding the acquisition of land and assets for State needs are mostly concordant with the World Bank’s OP 4.12 in most topics. In the absence of standard regulations and procedures, implementation may vary in practice. The steps described below ensure more consistent implementation and compliance with Bank policies and international good practice during implementation. Under terms of the RAP Entitlements Matrix, all entities required to relocate by the project will receive a transitional allowance sufficient to cover transport expenses. There is no need to relocate any PAPS at this road section. 7.4 Encroachment and Informal Land Use In accordance with long term and historic accepted local practice, local farmers generally have open access to use of state owned land for the grazing of livestock (normally sheep, goats and cattle). Some of this state land will be lost due to the road construction. There will be no change to this local practice, and the District Akimats will ensure that farmers will continue to enjoy open access to use of state owned land for the grazing of their livestock. Given minor impacts and abundant presence of land in the area, this is not expected to have any significant negative impacts. It will be important that crossing routes (normally tunnels under the road) are constructed at regular intervals to allow the farmers with cattle to cross the road. Representatives of CoR of MID RK has agreed that additional crossing points can be provided if the community shows that a route is necessary for the farmers or other land users in the area, and that it has no engineering issues. Preferably decisions on the location of any additional cattle passes should be made prior to construction start. According to the Law "On State Property" - If private ownership for land plot is not registered in accordance with the legislation of the Republic of Kazakhstan, after receiving of decree the owner, can make the necessary arrangements for the confirmation of private ownership on land plot, in respect of which the decree was adopted. Herein, period of alienation for public use, established by decree, is extended for not more than six months. It should be noted that the designers and local executive bodies in the project impact zone have not found any illegal land users. 7.5 Land Swaps vs. Cash Compensation: The Land Code offers owners the option to swap land or buildings in lieu of compensation. In some areas of the country the alternative lands may not be readily available. Nonetheless, all affected persons will be informed of the option and all local Akimats have been requested to assess the availability and location of substitute lands. Given that the land is available for swap, officials involved in the land acquisition process are instructed to offer affected persons the option to swap land and buildings for compensation instead of cash, if they choose the latter. 25 , 8 8.1 Valuation process The final list of Affected People along with their affected properties will be provided to the Akimat of Almaty and Zhambyl Oblasts after project approval. This will be followed by issuing of Akimat’s Decision on land plots acquisition for final assessment of the affected properties and AP’s compensation purposes. The first assessment of the valuation of the affected properties was undertaken by the independent evaluator under the Committee for Roads for the preparation of RAP. The affected properties valuation have been carried out by the Independent evaluators, on the basis of documents provided by respective owners carried out the evaluation of affected assets. Following documents have been checked and examined during evaluation:  Identity Card  State Act on Land with measurements of the land  Technical Passport Three types of evaluation methods which are common in Kazakhstan have been applied. These are (a) Cost Method – Rate of Return method Cost approach represents the expenditures of owner. It’ based on the fact that the cost for this land plot and its improvement will not increase the market price for already improved land plot with the equal on purpose and quality land improvements. For instance, in case of using this method, the manufacturing material: the quality and cost of property material, year of construction, state of the object and etc. should be considered. Mainly this method is used for habitable premises. (b) Comparable Method Comparative approach represents the comparison of similar property objects and land plots, which are on the same territory. Valuator should take local newspaper or TV sale advertisement of the similar property and land plot on this territory that is for defining of cost of evaluating object by comparison of recent sales of similar objects on the effective function independent market, where independent customers and independent sellers sale and buy comparative property, taking independent decisions. The approach is based on the principle of substitution: wise buyer doesn’t pay larger amount for evaluated object, then that amount that is available on the market for similar of quality and utility objects. This principle is working mainly for residential premises. (c) Income Method – Discounted cash flow method Profit approach is applied only for objects for commercial and agriculture purposes (filling stations, cafes, shops, points of sale, empty commercial lands, farming lands and others) for identifying of cost of evaluating object that is capable to bring income in future during definite 26 , period of its use. The cost represents the amount of future income by the moment and profit due to resale of evaluating object. The approach is based on the principle of waiting, that is wise buyer (investor) acquires land plot expecting the future income or profit. The application of this approach requires thorough analysis of economics conditions and tendencies, that impact on the level of property profitability in the area of evaluation object location, and using of such procedures as discounting and capitalization. Evaluator on the basis of documents (tax return, income statement and etc.) defines the evaluating cost. In Republic of Kazakhstan as per the clause 4, article 6 of RK Law “About evaluation activity” the obligatory evaluation should be performed in accordance with legislative acts of RK for redemption and acquisition of property from owner for the Government needs. 9. SOCIAL IMPACTS AND MITIGATAION MEASURES 9.1 Overall Impact A quality road benefits not only a road user t, but is also an important condition f in terms of support given to other economic activities as production, purchase/sales and advertising of a huge number of other.. The better are the roads that are constructed, which meet the needs of transport road users, the better environment is created for the development of economy as a whole. Roads are defined as “infrastructure" facilities; so they affect (either positively or negatively) the set of branches as a whole, providing connections between different economic agents. The stronger connections between producers, retailers and consumers, the greater amount of goods and services can be created and, respectively used, to improve consumer satisfaction, and sources of wealth, labor productivity, capital, etc. Therefore, the importance of roads for human life in the successful development of the society are difficult to be overestimated. The importance of roads in the socio-economic development of society and public livelihood support has unambiguously positive effect. With the improvement of transport and operating road indicators, the public services quality will be significantly improved as a result of implementation of works under roads construction. People are affected most of all by automobile emissions. The most dangerous type of traffic pollutions is emissions to the atmosphere of exhaust gases, as well as other types of energy losses: noise, vibration, electromagnetic radiation. The main criterion of the danger of these impacts is considered to be damage to people's health. Construction processes impact will last for a relatively short time, although crash situations possibility may occur due to the poor condition of roads. Approach to Identification of Project Affected Persons (PAPS) The approach for the identification of affected structures and land plots relies on three approaches:  Identification of formal use: two instruments were used for identification (1) existing cadaster and land use data maintained by the Land Resource Agency and (2) the construction survey conducted by designers for each individual section at a scale of 1:2,000, in which all structures within a ribbon of ca. 120 m width following the project alignment are detected and geo-referenced. This includes all structures within the existing ROW where works will take place.  Identification of informal use: Roadside surveys along the entire alignment were conducted by the designers to identify and describe any form of informal use of the ROW or areas 27 , affected by bypass construction or other land take, which would not result in visible structures and thus go undetected by above described methods for identification of formal use. This type of use would, for example, involve informal agriculture (gardens, small fields, seasonal stand) encroaching on the ROW or animal or poultry husbandry. Information on any registered plot and its location with topographical coordinates are kept in the Centers of Registration under the Ministry of Justice. This information is also being collected by the “State Scientific Production Centre on Land” (GosNPTsZem) under the Land Resource Agency. Designers contracted by CR received information on potentially affected landowners from the oblast level departments of the GosNPTsZem in the form of a 1:25,000 scale map indicating the projected road and land plots intersecting with or touching the alignment. The designers combined these maps with information they themselves generated by topographic alignment surveys carried out as a standard measure upstream in their work. For the identification of informal land users designers compared the official land use data received from GosNPTsZem with their own to-date construction survey. Thus each designer could identify structures which were built (commonly within the ROW) illegally and without formal title. In order to assess costs of land to be acquired and structures to be demolished, Akimat of Almaty region (Akimats of Almaty and Zhambyl districts) will sign an agreement with appraisers who have appropriate license. Based on the land requirement data compiled by the designers, the valuers contacted potentially affected parties to assess the value of their properties. Valuation methods used to estimate compensation for structures were similar to common international practices based on (i) expenses, (ii) profits, and (iii) comparison with similar structure with a known cost. Valuations were to be based on current market values. Cost method was applied for valuing industrial and commercial premises in which the manufacturing material, the quality and cost of property material, year of construction, and state of the object were considered. The comparative method applied is mainly based on principles of substitution; this is mainly applied for residential premises. The profit approach is based on the principle of waiting, that is wise buyer (investor) acquires land plot expecting the future income or profit. The application of this approach requires thorough analysis of economics conditions and tendencies, that impact on the level of property profitability in the area of valuation object location, and using of such procedures as discounting and capitalization. Valuation on the basis of documents (tax return, income statement and etc.) defines the valuation. At evaluation of agricultural land plots value is used method based on assessment of agricultural losses, in case of land acquisition. The used methods were based on the national Kazakh laws, procedures and regulations. The compensation amounts calculated by the appraisals were negotiated between most of the owners and representatives of Akimat of appropriate districts of Almaty and Zhambyl regions. (See. Appendix 1 “Information on the Land Plots Affected by the Construction for “Uzynagash-Otar km 63-159 Road Reconstruction” Project). The process of identification of project affected people and assets has been started in 2015 and completed in 2016. At this stage the land plots getting under withdrawal have been revealed (cadastral numbers of the land plots, the square, location, their owners, a species of vegetation, which grows on their lands, whether there are structures on commercial lands,) all this information with documents of title has been transferred to appraisers. For the purpose of objects evaluation the independent valuation agencies were appointed to assess affected assets. The valuers, on the basis of documents provided by respective owners carried out the initial valuation of affected 28 , assets. Following this project approval, and in accordance with Kazakh legislation, the local Akimats will be responsible for conducting another independent valuation. In cases of any discrepancy between the estimated costs and full replacement values at the time of independent appraisal, the compensation payments to the affected people will be based on the most recent full replacement costs. Following documents will be reviewed during the valuation: 1. Owners/Users Identity Card 2. State Land Act with measurements of the land 3. Building Plan with details Lists of identified, affected persons by the project will be approved by the decisions of Akimats of the appropriate districts. On the basis of the evaluation report, relevant Akimats will sign an agreement on expropriation. Commission appointed by the relevant Akimats for impact assessment were consisted from unspecified number of members, consisting from the staff of regional departments of land recourses management, architectural, town - planning and other related services. The appraisal is done in the 9.2 Land Acquisition and Resettlement Impacts The private lands that will be acquired include livestock grazing and commercial lands. The details regarding lands to be acquired for the Project’s road section, are given in the following Tables: Table 3: Land to be acquired for Project purpose Resettlement Impact on Land to be acquired Number of affected land (purchased) hectare plots due to lan d acquisition Residential land - - Agricultural land (Pasture) 18.18 10 Commercial land 1.13 5 Total 19.31 15 Note: Commercial land is undeveloped land, there are no structures on these land plots, respectively there are no losses of the income. Table 4: Estimated value on Land Acquisition Item No. Type of land No. of plots Total Compensation in KZT based on present market price Land Agricultural land 10 268,158 compensation (Pasture) Land Commercial land 5 2,001,526 compensation Total Land compensation 15 2,269,684 29 , The above tables clearly indicates that most part of these lands, which will be acquired for this project, is agricultural/pasture, followed by commercial land. Residential land does not fall for seizure. Agricultural land is used only for grazing, with no cultivation. All the people insignificantly affected by seizure of grazing land, will be compensated by additional support by akimats based on the agreed RPF entitlement matrix, which is specified below in the table 9.3 Project Impacts on Structures The Project will not affect structures (business) in Uzynagash – Otar road section, and no household relocation will be required. In Republic of Kazakhstan as per the clause 4, article 6 of RK Law “About valuation activity” the obligatory valuation should be performed in accordance with legislative acts of RK for redemption and acquisition of property from owner for the Government needs. Moreover there are acting the Evaluation standards, approved by the Government of the RK "On some issues of evaluation activity» № 124 from 12.02.2013 9.4 Construction Induced Social Impacts The road construction may cause temporary impacts such restrcitions for crossing points for farmers and cattle. This information are not available until the detailed designs are drawn and identified such locations along the road sections. The final RAP will include the details of crossing points and impacts will be assessed with appropriate mitigation measures Table 5: Entitlement and Compensation Matrix Property Description Affected People Entitlement for compensation Lease holders for All lost land, agricultural land regardless of the [including pasture severity of the Long Term  Cash compensation in the amount of market category] impact Leaseholders value of gross harvest{or indexed matrix for the to pasture quality} for the remaining lease term; renewal of lease agreement on alternative land plot on previous conditions In case of alienation or temporary land acquisition, as a result occurs partially or completely disrupted work of irrigation, drainage, erosion control structures (systems), losses can be based on the cost of the works for the construction of new or rehabilitation of existing facilities and structures (systems), including the cost of design - survey works. Severe Impact— Owner,  Cash compensation is equal to market value more than 10% of Leaseholders of two livestock grazing years. income loss Commercial Land Owners  Land compensation with provision to the ownership the equal land plots; or  Cash compensation for alienated acquired land on market price without payment of taxes, registration fees and transaction, including all losses, which he has due to the early termination of obligations owed to third parties; and 30 , Property Description Affected People Entitlement for compensation  Compensation for interuption of business if such takes place Houses, Buildings and Owners of  Compensation of the full market value or at Structures permanent the request of the owner the provision of structure structures in exchange; if the value of provided structure is lower than alienated, the owner is paid the difference in price, or  Cash compensation for outstanding (or unauthorized) construction on price of replacement of lost structure and other material assets on price of building materials value, construction work and labor, excluding the cost of recycled materials, amortization and charges for the transfer of property. The cost of lost connections to the water supply and other utilities included in the compensation. Business employment Temporary or  Owner: allowance is paid for lost wages for permanent loss of the period of forced break in work up to 3 business or months. Owner: if permanent, cash compensation employment is paid, which is equal to one year income; if All affected temporary, cash compensation is paid for the persons period of income loss. Compensation is calculated on the basis of tax declaration or official minimum wage.  Owner: allowance is paid for lost wages for the period of forced break in work up to 3 months. Temporary Loss Land used for Subject to Owner (private or  Contractor pays cash compensation at local construction activities negotiation public) commercial rental rates for duration of use between owner  Land restored to original status at end of and contractor rental Land for borrow pits Subject to Owner (private or  Contractor pays cash compensation for negotiation public) rental and materials at market rates between owner  Land restored to original status at end of and contractor rental Unforeseen  Rayon Akimats and RSE "Committee for Roads of the Ministry for Investment and the adverse impacts Development of the Republic of Kazakhstan" will deal with any unforeseen impacts of the project during and after the period of implementation of the project in terms of implementation of the principles of social protection of affected. Persons losing more than 10% of their grassing productive lands will receive assistance in the form of two times the annual crop value of the land area lost. However, there are no such persons in this project. None of all 10 agricultural lands lose 10% or more lands. But from 4 land plots out of 5 commercial lands lose more that 10% lands. All 5 commercial lands are empty (there are no structures). He compensation amount is calculated for them as for alienated acquired land on market price without payment of taxes, registration fees and expenses. 9.5 Employment Opportunities and Labor Influx Issues During the construction period many work places will be created, including for local residents, who will be able to participate in the road construction. Road reconstruction will dramatically 31 , improve conditions for traffic, increase speed and travel time on the road as well as will increase traffic safety. According to preliminary calculations during the road construction approximately 2000 persons will work on this road section. It is expected, for example, general laborers, road workers, cooks, dishwashers, electricians, drivers and other specialists will certainly be hired from local population in accordance with thier qualification However, total number of labor force requirements, potential impacts associated to labor-influx cannot be assessed at this stage but will be addressed in detail in the final RAP to ensure that adequate mitigation measures are included. It is possible that workers from other regions will join the labor force, along with contractors bringing in their own technical and engineering staff. This, in its turn, will open up an opportunity for communities along the road alignment to sell locally produced goods and services and thus improve their socio-economic standing. Moreover, the locals could benefit from the new knowledge and technology brought by technical and engineering staff of contractors. The construction camps that will be built for workers will have proper conditions for their safety and health. At the same, coordination between contractors, local akimats and community representatives would be established on the rules of conduct to mitigate any potential risks of conflict, including those related to health and well-being of the local population. The construction camps, in their turn will be provided by the contractors with the best and high-quality management along with healthcare facilities, grievance redress systems. The grievance redress system will be used for resolution of issues arising among workers and/ or with communities. . 10. PUBLIC CONSULTATION AND DISCLOSURE At project design stage, Committee for Road MoID RK and Akimats of Almaty and Zhambyl regions and the Designers in Akshy village of Kurtinskyi rural district consulted with all owners when the alignment was being agreed in August 2014. The following groups of people were invited to the Public Hearings: * Local population, whose interests are likely to be affected during road reconstruction; (The list of participants is attached in the Minutes of Hearings) * NGOs working in the environmental and social areas; * Representatives of the official authorities in the area of environmental design and social issues. During the consultations all technical parameters of the road, schedules of the proposed works, the expected benefits, expected impacts, including the expected mitigation measures, the number of underpasses, design solutions for junctions, design of bypasses, junctions and underpasses for the needs of owners of land and farms, the definition of placement of production base and a testing ground for debris removal, consideration of the possibility of the use of water for technical needs of the nearest water bodies, information on land set aside for farms within the area of construction of the road have been submitted. 32 , The second public hearings under resettlement plan issues were held in March 30, 2015 in Aidarly village. During the second consultations/Public Hearings matters of the Documents on environment management and resettlement policy were discussed during these meetings including distributing brochures that describe the process and clarify rights and responsibilities, compensation rates, payment schedules and grievance redress options. One brochure has been provided general information about the project and a general explanation of processes and owners’ or users’ rights includes the list of all categories of compensation or other assistance to which APs are entitled, describes grievance procedures available to APs, and provide contact information for APs with questions or grievances. Project Management Consultant has an important role in the public information process by preparing and distributing brochures that describe the process and clarify rights and responsibilities, compensation rates, payment schedules and grievance redress options. The third public hearings on issues of final road design, resettlement plan, ESIA with participation of design institutes and representatives of “Almatyzhollaboratory” and “Zhambylzhollaboratory” were held in May 27, 2016 in Sarubastau village of Zhambyl district of Almaty region and Kenen village of Korday district of Zhambyl region accordingly. In addition all the identified APs, in the public hearings, were provided with information brochure that discusses relevant regulations, entitlements, compensation rates, payment, and grievance redress mechanisms. Also these brochures and other project related information is available in all regional and district Akimats, where every interested person can visit and get the information. At the public consultations, it has been stated that the required approvals with all the stakeholders have been obtained in accordance with the legislation: land acquisition for the road, crossings and approaching utilities with road has been endorsed with their owners; approval for water intake from local resources for process needs has been obtained. The RAP will be published on the Western Europe – Western Chine project website – Europe- china.kz and the websites of the revenant district akimats. The RAP in English will be disclosed on the WB website. All the public hearings have been recorded, and interests of the local communities and population have been taken into account according to the norms of the RoK. The consultation process during preparation stage of the project was mainly focused on key informants interviews, focus group discussion, workshops, and community meetings. The consultation program involved following people: a. Head of households likely to be affected b. Household members c. Community d. Respective Akimat e. Major project stakeholders such as women, highway user groups, health professionals f. Distribution of Public Information Booklet 33 , This Public Information Booklet (PIB) will be included the following useful information concerning the Resettlement Plan: a. Brief description of the project; b. Types of impacts expected; c. Basic Compensation policy and entitlements; d. Outline of livelihood restoration measures; e. When and where APs will receive their entitlements; f. Consultation and participation by APs and community; g. Implementation schedule; h. Grievances Redress Mechanisms; i. Roles and responsibilities of ‘Head of Local Self-Government, Deputy Akim of Rayon, RK, and Grievance Coordinators, in Grievances Redresses; j. Contact details, including CoR MID RoK, their names, contact phone numbers and address Table 6 Held Public Hearings No. Settlement Date Notes 1 Akshi Village of Kurty Rural District of August 2014 Zhambyl District in Almaty Oblast 2 Aidarly Village of Zhambyl District in Almaty March 2015 Oblast 3 Kenen Village of Kordai District in Zhambyl May 2016 Oblast 4 Sarybastau Village of Zhambyl District in May 2016 Almaty Oblast It is also planned to hold additional public hearings in April 2017. In August 2015, social surveys have been carried out throughout the entire Center South Transport Corridor (questionnaire-based surveys, which have been approved by the World Bank experts). Number of respondents was 224 (individual interviews), 47 enhanced interviews, and 57 people have been questioned within focus groups. The survey has been carried out among the population of six districts in three oblasts that are affected by the project: Almaty, Zhambyl and Karaganda oblasts. Enhanced interviews have been carried out with representatives of public and private structures. Focus groups have been carried out in five villages among representatives of akimats, education, healthcare, private business and farms. The last public hearings were carried out in the period from 17.04.2017 to 18.04.2017. On these hearings design institutes, representatives of CfR MID RK, «Kazavtozhol» NC JSC and consultants described to all participants already completed projects of roads with receiving of the positive conclusions of state expertise and all questions concerning environmental protection, resettlement, withdrawing and cultural and archaeological heritage. All attendees had wishes that the road reconstruction project began as soon as possible, so they wait from it only for the positive effects. More details are specified in minutes of public hearings. 34 , The Project Management Consultant (PMC) will play a key role in the organizational setup for Resettlement and Lands Acquisition Management during Project implementation. According to the PMC’s Terms of Reference (TOR) there will be two social safeguards specialists (One International and one National) working in the PMC for the duration of the Project. Part of their duties and responsibilities will be the management of implementation of this RAP. The PMC will carry out an independent assessment of the land acquisition process to inform the Committee for Roads and World Bank and prepare one final report on external monitoring and evaluation of resettlement and submit to the World Bank. 11. GRIEVANCE REDRESS MECHANISMS Guideline on Grievance Redress Mechanism (GRM Guideline) was developed and approved in 2014 by Committee for Roads MID RK for all road sector projects. GRM Guideline is intended to be used as a guidance document for stakeholders involved in design, preparation and implementation of road projects, and complements grievance redress requirements incorporated in the loan agreements, as well as environmental and social safeguard documents (in case of projects funded by IFIs). The overall objective of the GRM Guideline is to establish an effective communication channel among the stakeholders for providing a timely and efficient two-way feedback mechanism to address any complaints made about the project, including those from members of the communities, local businesses and other stakeholders, as well as raising public awareness on the projects and on the availability of a GRM mechanism. The Grievance redress procedure suggests resolution of grievances in the spirit of mediation between the parties, and should comply with the spirit of IFI standards and practices. Specific objectives of GRM Guideline include:  Facilitation of an effective dialogue and open communication between the project stakeholders;  Development of an accessible, transparent and efficient complaint procedure for people involved in and/or impacted by road sector projects;  Clear definition of roles and responsibilities of the various parties involved in consideration and resolution of grievances;  Establishment of procedures and standards for recording, sorting, investigating, handling of grievances, and providing feedback;  Establishment of a mechanism for responding to complaints in an understanding, transparent and culturally appropriate way;  Increase of awareness on project activities and available mechanism for amicable resolution of grievances,  Minimization of grievances regarding the project activities and impacts, better management of expectations; 35 ,  Improvement of the projects performance (including environmental and social performance) through ensuring monitoring of grievance redress process and periodic progress reporting. The GRM will be available for those living or working in the areas impacted by the project activities. Any person impacted by or concerned about the project activities will have the right to participate in the GRM, will have easy access to it, and will be encouraged to use it. The proposed GRM does not replace the public mechanisms of complaint and conflict resolution envisaged by the legal system of the RoK, but attempts to minimize use of it to the extent possible. This GRM Guidelines envisages two levels for grievance redress for the projects of the road sector that are implemented under the management of the CfR: grievance redress by the Grievance Redress Committees (GRC) at the regional (oblast) and central (Astana) levels. The scheme for GRM process is specified in the Figure 3 below. Figure: GRM Process Scheme Grievance has been submitted and registered Grievance has been Grievance has not been resolved on site resolved on site Response has been Grievance reviewed by the provided to the claimant regional GRC  Oblast branch of Kazavtozhol,  CSCs, Grievance has not been  Contractors, resolved by the regional  akims,  NGOs GRC Grievance has been resolved Grievance reviewed by on site the central GRC Response has been provided.  CfR The grievance has been  Kazavtozhol JSC closed  NGOs Grievance has been Grievance has not been resolved on site resolved 36 Response has been GRC has not benefited provided. The grievance has been closed Decision to be taken at , 12. MONITORING PMC will assign for internal monitoring of resettlement, who will work closely with the PMC safeguards specialists and develop a detailed plans and indicators for monitoring for subsequent phases of this RAP. The monitoring specialists will submit semi-annually information about the progress of resettlement to be incorporated into Project reports. Expenditures for this internal monitoring have been incorporated into the project budget. A general system of monitoring indicators is explained in Almaty and Zhambyl oblasts Resettlement Action Plan. If necessary, the PMC will hire specialist for conducting an independent evaluation of the process and results of the resettlement, which will then be discussed with the Management of the Project. This specialist is responsible for monitoring will decide whether the conditions of the resettlement plan during its implementation have been observed, whether the sources of income of the individuals, whose interests have been affected, has been restored, and whether any unplanned or unexpected consequences of the resettlement occurred there. Following table gives detailed scope of work of Internal Monitoring and External Monitoring Scope of work of ‘Internal Monitoring’ Notes Land Acquisition Payment of compensation Dissemination of information Consultation with APs and other stakeholders Grievance Redress Mechanism Restoration of livelihood and income Ability of vulnerable APs, including women APs, to improve their livelihood The indicators established to ensure attainment of the RAP objectives, as given in the Resettlement Framework, will be followed during internal monitoring. The monitoring at the field level will be done by Social Safeguard Specialist of PMC in coordination with respective CoR and Akimat experts. The monitoring will rely mainly on the following information gathering methods: a) review of files b) informal sample survey of APs c) key informant interview d) in-depth case studies and e) community public meetings. 37 , The PMC will send monthly progress reports to the Committee for Roads. 13. IDENTIFICATION OF ADDITIONAL COMPENSATION REQUIRED BY THE WORLD BANK In accordance with World Bank OP 4.12 and the agreed Land Acquisition and Resettlement Framework dated May 2008 and updated February 2009, additional compensation or assistance shall be considered for 1) for vulnerable people who may have difficulty adapting to project- related changes, 2) for those required to relocate (in this case, commercial enterprises) who will have transitional expenses associated with moving, and 3) for those who will lose a significant part of their productive land (more than 10% and above). These modes of assistance are normally supplemental to standard Government compensation. It was also explained that in case of signing the loan agreement between the Republic of Kazakhstan and World Bank these requirements were to apply. The following section defines the requirements and present status. Initially the section “Almaty-Termez” was planned to be implemented by republican budget financing. However, because of the impossibility of financing it had to involve other sources. In this case, Akimats of relevant regions of Almaty and Zhambyl oblasts are ready to pay all the additional types of assistance to persons who are entitled thereto and to pay compensation and other assistance as per requirements of the World Bank in case additional affected owners or land users are identified during project implementation. 13.1 Identification and Additional Compensation to Vulnerable People Vulnerable people are people, whose income is less than living wage, or who have other sources of vulnerability to the difficulties in adapting of changes, caused by the Project. Such could involve elderly people, low income groups, people with disabilities. As of January 01, 2017 in the Republic of Kazakhstan the living wage according to the Statistic Department of Almaty Oblast is 24 459 KZT. Operationally, this is defined as people eligible for State Targeted Assistance, on the basis of Information of living minimum received from Statistic Departments of Almaty and Zhambyl oblasts. No vulnerable groups have been identified in the area. After an agreement between the World Bank and the Committee for Roads, a letter will be issued to relevant akimats of Almaty and Zhambyl oblasts, where they will be requesting to use the list of “State Targeted Public Assistance Act”, No. 246-II of July 17, 2001 to define vulnerable people. This list defines all families requiring some form of public assistance. This is a special program for payment of lump-sum allowances to socially vulnerable and poor families in each community. It was agreed by the akimats of relevant districts of Almaty and Zhambyl oblasts that all families on the vulnerable list who are affected by resettlement or land/building acquisition would be paid additional one-time payment compensation. 13.2 Transitional Allowance for Relocation 38 , Similarly, in accordance with the agreement between the akimats of Almaty and Zhambyl oblasts, the Committee for Roads and the World Bank all AP that are required to be relocated because of the project will receive a transitional allowance sufficient to cover transport expenses or to assist help by transport. For households required to relocate, prior to displacement a lump sum allowance will be paid and as well as for shops or enterprises required to relocate or assist help in relocation. The compensation process that has been conducted took into consideration not only the basic evaluation of the land and the property located on it, but also other parameters such as the presence of orchard –taking into account the age of the trees— and any other property of activity that could provide revenues to the affected people but that would be affected by the acquisition of the land, resulting in losses for the owner/lease holder. As stated above, no relocation of owners/lease holders is assumed, and, respectively, relocation compensation shall not be paid. 13.3 Significantly Affected Families As per the RPF dated May 2008 persons deemed significantly affected (e.g., those losing more than 10% of their productive land area), are to receive supplemental assistance of at least two times the annual agricultural output value of the acquired land area. This assistance is supplemental to land compensation normally provided in Kazakhstan. The following principles were used to assess whether the compensation already paid match the requirement of the RAP: Regarding the leaseholders: For the leaseholders, the compensation for income loss is calculated based on the estimate profit associated with the usage of the land for the remaining time of their lease terms, up to a maximum of 49 years (which represents the maximum rental period in Kazakhstan). The evaluators will use the principle outlined above, resulting in lost profit being paid for some sections. This results in the requirements of the RAP being met. Regarding the land owners: For those owners, out of the three standard evaluation methods detailed above, only the comparison method is considered appropriate by evaluators. This method resulted in the owners receiving compensations aligned with the market practice in the area. The evaluators conducted comparison with other plots (five similar quotes on average) for which the seller factored in the price for his/her land and all the expenses and the expected income from this land plot (mainly harvest). As a result, the akimats of Almaty and Zhambyl oblasts believe that significantly affected landowners have received compensation aligned with the RPF. The CR, as well as akimats of Almaty and Zhambyl oblasts and the World Bank will conduct review the compensation information. Based on the results of that review, CR, as well as akimats of Almaty and Zhambyl oblasts will take additional measures to comply with provisions of the Resettlement Action Plan, if deemed necessary, once the Project is approved. 14. MONITORING AND ANALYSIS Since land acquisition and resettlement work has not yet started, their monitoring will be conducted. Monitoring indicators are presented in the following table. 39 , Table 7. Monitoring Indicators Purpose Activities Monitoring indicators Determination of Checking of list of compensation Number of people on the list of compensation recipients compensation recipients eligible for compensation who are not eligible for compensation (inclusion by recipients mistake) Identifying of persons who may The number of people who meet the criteria but are not claim to edibility compensation, but included in the list of recipients of compensation are not included in the list of (exclusion by mistake) compensation recipients. For each type of compensation should be carried out separate inspection. Controlling types Confirmation of the territories The land for temporary acquisition, for which of Compensation which are affected temporarily or compensation will be paid permanently under the final RAP The land subject to permanent acquisition for which compensation will be paid Compensation Examination of financial documents Number of people who receive compensation promptly control and in full with the breakdown under type of compensation Identifying and analysis of the Number of people who receive compensation in a timely reasons for which compensation has manner with the breakdown under type of compensation not been paid in full and on time The amount of funds allocated for compensation Impact on Follow up socio-economic survey Changes in income / livelihood of households, households of affected households (year 3) comparison of the results of socio-economic census to (income follow up survey restoration) Consultation and Determining the level of Number of compensation recipients who participated in participation involvement and identification of the consultation and coordination meetings at each stage reasons for inadequate participation of land acquisition The analysis of disputes and Number of complaints complaints content. Conflict resolution Number of complaints granted. 15. IMPLEMENTATION OF THE COMPENSATION SCHEME The CoR, akimats of Almaty and Zhambyl oblasts recommend that this report shall be accepted by all parties as the agreed approach for all remaining land acquisition and resettlement in connection with the construction of “Almaty-Kordai-Blagoveschenka-Merke-Tashkent-Termez road section. Akimats of Almaty and Zhambyl oblasts will ensure that all APs will be paid compensation defined above. It is obvious that in the event of disagreement about whether payment was made in accordance with the legislation of Kazakhstan or resettlement policy of the World Bank, APs shall receive the compensation, which is higher. In particular, Akimat commits to the following: 40 , a) Vulnerable Persons: Persons whose interests are affected by the project will be subject to the operational definition of socially vulnerable persons, additional assistance (target social assistance) will be provided. b) Illegal Users: all illegal users (specifically livestock grazers) will continue to be allowed to use remaining adjacent State Land for grazing of livestock if such found c) Assistance to Significantly Affected Households: Following formal project agreement with the World Bank, akimats of Almaty and Zhambyl oblasts will provide data regarding income factors incorporated into land compensation for all significantly affected households, and further have to pay supplemental assistance to any households that have received less than two years’ agricultural output value as a factor in determining land compensation. d) Support to indirectly affected persons by the project: akimats of Almaty and Zhambyl oblasts, as well as the CfR will give due consideration to measures intended to support existing communities along the initial Almaty-Kordai-Blagoveschenka-Merke-Tashkent- Termez road, in order to enable them to benefit from the construction of a new road. e) Grievance Redress and TOR: The grievance mechanism outlined in this document is used as a means insuring the communities concerns and complaints are fairly dealt with from now and during construction stage. For the purposes to support the mechanism a separate specialist is included in the terms of reference of consultants for supervision. f) Monitoring and evaluation: to be carried out. Funds will be allocated from the national budget to the akimat of Almaty Oblast on the basis of calculations of compensation. Then, the akimat will pay relevant compensation to proprietors and land owners. This plan incorporates the calculation of compensation as of January 2017. 16. Schedule and Budget Table 8 Proposed Performance Schedule Task Institution in Charge Performance Status Timing Approval of land management projects, Akimats of Almaty and August 2016 Completed issuance of decisions by akimats on land Zhambyl oblasts, Committee acquisition for Roads Issuance of notice on land acquisition to Akimats of Almaty and August- Completed PAPs Zhambyl oblasts September 2016 Preliminary negotiations with land owners Akimats of Almaty and September- Completed for formation of contracts on compensation Zhambyl oblasts October 2016 payment Land plots appraisal Akimats of Almaty and October- Completed Zhambyl oblasts November 2016 Census and SEI, data output and its analysis Committee for Roads, PMC October- Completed December 2016 Application for allocation of funds from the Akimats of Almaty and January 2017 Completed national budget for compensation payment Zhambyl oblasts Approval of application for allocation of Committee for Roads February 2017 Completed 41 , funds by the national budget commission Preparation of RAP and its submission to Committee for Roads, PMC January-February Under the WB for approval 2017 implementati on Formation of contracts for compensation Akimats of Almaty and March-April 2017 Not payment with proprietors Zhambyl oblasts, Committee completed for Roads Compensation payment to proprietors and Akimats of Almaty and April-May 2017 Not land owners Zhambyl oblasts, Committee completed for Roads Cleaning of RoW Akimats of Almaty and May-July 2017 Not Zhambyl oblasts completed Issuance of notice on the commencement of Committee for Roads, PMC After signing Not construction works contracts with completed contractors Grievance Redress Committee for Roads, Constantly, upon Not Akimats of Almaty and receipt completed Zhambyl oblasts, PMC and Construction Supervision Consultants Internal monitoring Committee for Roads, PMC Quarterly, since Not the construction completed commencement 14.1. Assessment of Costs The budget includes tentative cost of compensation for the land plot, relocation, restoration of income, assistance provision in obtaining the PAPs’ entitlements, administrative costs (2,5 % of the total budget), unforeseen expenses (10 % of the total budget). 16.2 General Budget General costs for Resettlement Plan amount to 2 553 394 KZT, which is 7 962 USD. USD calculation is based on the exchange rate of 320.7 KZT for one USD. The budget incorporates all the expenses related to the land acquisition, relocation, rehabilitation, restoration, of income, administrative expenses, external control, as well as unforeseen expenses. Further details of expenses from the budget are provided in the Table below: Table 9 Calculated Costs for Land Acquisition and Resettlement Item Ownership Type Purpose of Use Total, KZT Total, USD Land State-owned land - - - Compensation Private land Agricultural 268 158 836 Commercial 2 001 526 6 241 Rented - - - Total A Land 2 269 684 7 077 42 , Compensation Facilities State-owned land - - - Compensation Private land - - - Rented - - - Total B - - - Total, A+B 2 269 684 7 077 Administrative 56 742 177 Expenses, 2,5% Unforeseen 226 968 708 Expenses, 10% Total 2 553 394 7 962 Note: USD to KZT exchange rate – website of the National Bank of Kazakhstan http://nationalbank.kz – 1 USD is 320.7 KZT as of 16.02.2017 43 APPENDIX 1 Information on the Land Plots within “Uzynagash-Otar km 63-159 Road Reconstruction” Project Construction Area Area Subject Proprietor or Land Entitlement Total Area, to Compensation Amount, No. Intended Use Acquisition % Vegetation Type Owner Type ha Acquisition, KZT ha Undeveloped Commercial (for Petrol Private 1 "Olimp Center" LLP 0,1000 0,1000 100 land, no 1 754 226 Station) ownership structures Atanov Dautbek Private 2 Agricultural (farming) 47,3000 2,0000 4,2 Pasture 24 300 Kelgenovich ownership Sydykov Sagatbek Private 3 Agricultural (farming) 35,0000 0,8500 2,4 Pasture 7 140 Ikhsanovich ownership Ussakbayeva Zakhira Private 4 Agricultural (farming) 140,0000 0,6500 0,5 Pasture 7 898 Iskenderovna ownership Undeveloped Kali Zheksebai Commercial (canteen, Private 5 2,0000 0,0200 1 land, no 3 836 Zhuasbaiuly store and service station) ownership structures Utegulova Amankul Private 6 Agricultural (farming) 100,0000 5,7000 5,7 Pasture 123 120 Seysebekovna ownership Kaliyev Seydzhan Private 7 Agricultural (farming) 130,617 0,5000 0,4 Pasture 4 200 Seydakhmetovich ownership Commercial (construction Undeveloped and maintenance of trade Private 8 "Tsentr-Aziya" LLP 1,0000 0,7000 70 land, no 175 000 center facility, petrol ownership structures station and service station) Madiyarov Kattaubek Private 9 Agricultural (farming) 74,0000 0,1800 0,2 Pasture 655 Umirbekovich ownership , Undeveloped Kali Zheksebai Placement of trade Private 10 0,4600 0,0900 19,6 land, no 27 544 Zhuasbaiuly complex and hotel ownership structures Bimenov Danabek Private 11 Agricultural (farming) 105,0000 0,5000 0,5 Pasture 6 075 Yussupovich ownership Aidarkulova Bakitgul Private 12 Agricultural (farming) 97,7000 4,5000 0,05 Pasture 54 675 Yessimovna ownership Undeveloped Kali Zheksebai Placement of trade Private 13 0,7340 0,2200 30 land, no 40 920 Zhuasbaiuly complex and hotel ownership structures Mirazov Ryskali Private 14 Agricultural (farming) 586,2000 0,3000 0,05 Pasture 3 645 Tureyevich ownership Private 15 Iskandar Alen Agricultural (farming) 115,0000 3,0000 2,6 Pasture 36 450 ownership TOTAL: 19, 3100 2 269 684 45 APPENDIX 2 Grievance Registration Complainants or concerned individuals may visit, call or send a letter or e-mail or fax to the rural akimat, grievance focal point at CCs and CSCs, GRC Coordinator, representatives of CfR MID RK in Almaty and Zhambyl oblasts and register their grievances related to road sector projects. Receipt of grievances received through a letter or e-mail or fax shall also be acknowledged through a letter / e-mail / fax within 3 working days upon receipt by GRC coordinator at regional level. Receipt of grievances lodged in person or via phone will be acknowledged immediately. Each project level party participating in the GRC at regional level shall maintain a record-book to register the complaints, and regularly share the grievance details with GRC coordinator at regional level, in order to keep the track of grievances and the status of their resolution. The GRC coordinator at the regional level shall coordinate with each member of the GRC on a weekly basis, collect relevant documents, maintain a consolidated registry of complaints received, follow-up on the status of resolution of each complaint received, maintain an up-to-date grievance database and provide relevant reporting. Whichever channel is used for receiving the grievance (e.g. e-mail, mail, fax, call, etc.), its registration will be made by the GRC coordinator at the regional level, who will acknowledge receipt and follow up with the grievance investigation and consideration by the GRC at regional level. All the grievances will be recorded in a standard format, which will include but not limited to the following details:  Contact information of the affected party;  Date, time, and place where the complaint was received;  Name of the person who received the grievance;  Details of the grievance. The project will pursue a participatory approach in all stages of planning and implementation. This is expected to ensure that the affected people have nothing or little to complain about. However, some people may still remain dissatisfied for some reason or the other. Many grievances arise due to inadequate understanding project policies and procedures, and can be promptly resolved by properly explaining the situation to the compliant. In case the complainant refuses to provide contact details or no contact information is available in the grievance received by e-mail / mail / fax, the GRC at the regional level will consider the anonymous complaint. In such cases, the printed response will be posted at the information board of the KazAutoZhol’s respective regional branch, as well as at the information board of the relevant Akimat, so as the complaining party can approach and get familiarized with the feedback. The GRC coordinator at regional level will collect the data on grievances and centralize the grievance registry to assure that every affected person, group or community has an individual registry number and that follow-up and corrective actions are implemented as per resolution provided, or if the issue was not resolved at regional level, it is passed for consideration at the central level. The grievance database will be maintained and updated on a bi-monthly basis by the , GRC coordinator at regional level for each project. The database will be designed to make it simple and easy to input data, provide information on grievance and status of its resolution, timeline for resolution and level at which the issue was considered and resolved, track individual grievances, etc. The grievance database will specify details of grievance resolution and include information on satisfaction of complaining party by the resolution provided (excluding the cases of grievance lodged anonymously). Where it will not be possible to resolve grievances to the satisfaction of both parties, appropriate information will be reflected in the database. The GRC coordinator at regional level for each project will share the grievance database with the safeguard specialist of KazAutoZhol central office / GRC coordinator at central level, who will maintain and update the centralized grievance database for all road sector projects. Grievance Processing Depending on the nature of grievance, this step may include verification, investigation, negotiation, mediation or arbitration, coordination with appropriate agencies and decision-making. Verification includes gathering of documents, proofs and facts, as well as clarifying background information in order to have a clear picture of the circumstances surrounding the grievance case. Verification will be undertaken by members of the GRC at the regional level, and overall coordination of activities will be ensured by the GRC coordinator. Results of verification or fact- finding activities will be presented at the meeting of the GRC at regional level, where the issue will be considered and resolution will be sought. The GRC at regional level will discuss the grievance case within ten working days and recommend its settlement to parties. Meetings of the GRC at the regional level will be held on a bi-monthly basis; however, special ad hoc meetings can be arranged is between of regular meetings as needed. The GRC coordinator at regional level will ensure that actions and decisions are properly documented in order to demonstrate that the GRC at regional level is providing an appropriate attention to the grievance and is actively seeking ways to obtain resolution that could satisfy the parties. If grievance cannot be resolved by the GRC at the regional level and is passed for consideration by the GRC at the central level, appropriate documents collected during investigation and fact- finding shall be shared with the GRC coordinator at the central level. The GRC coordinator at the central level will circulate such documents among the members of GRC at central level, to ensure that they are aware of all relevant details prior to GRC meeting. Consideration of grievance case by GRC at central level, may require further verification of the issue, including gathering of additional documents, obtaining input from various state stakeholders and project parties in order to have a clear picture of the circumstances surrounding the grievance case. Additional verification will be undertaken by members of GRC at the central level (as needed), and overall coordination of activities will be ensured by the GRC coordinator at central level. Results of verification will be presented at the meeting of GRC at the central level, where the issue will be considered and resolution will be sought. The GRC at the central level will discuss the grievance case within twenty working days and recommend its settlement to parties. Regular meetings of GRC at central level will be held on a monthly basis; however, special ad hoc meetings can be arranged is between of regular meetings as needed. 47 , If following its consideration by the GRC at central level, the grievance cannot be resolved to the satisfaction of the parties, the recommendation will be made to seek resolution through the courts. Irrespective of the outcome of grievance consideration, documentation regarding the case by the GRCs at regional and central levels will be collected and maintained by GRC coordinator at central level (with input from GRC coordinator at regional level). The GRC coordinator at the central level will keep a separate track of cases, which were not resolved through GRM and were referred to the RoK legal system. Feedback Provision At the regional level, for grievances lodged in the office or via phone to the GRC coordinator at regional level the acknowledgement of grievance receipt will be confirmed immediately. For mailed, e-mailed or faxed grievances acknowledgement of receipt will be provided by GRC coordinator at regional level not later than 3 working days. In case the grievance is not related to project activities or impacts generated due to the project implementation and cannot be considered under this GRM Guideline feedback will be provided to the complaining party to which entity (community/rayon/oblast level Akimat, as relevant) it has been forwarded. Acknowledgement of the grievance receipt, as well as response/recommendation will be provided to complaining party through preferred mode of communication mentioned in grievance registration form. If grievance was resolved at regional level, the complaining party will be informed of the outcome. If grievance was not resolved at the regional level and was passed to the GRC at the central level for consideration and resolution, appropriate information will be provided to the complaining party, including the date when the case was passed to GRC at the central level and the date by which the outcome at the central level is expected. If the grievance was resolved at the central level, the complaining party will be informed on the outcome of grievance resolution. If grievance was not resolved by the GRC at central level, appropriate information will be provided to the complaining party, including details why the case was not resolved, as well as recommendation to seek for resolution through RoK legal system. If the grievance was anonymous or the complainant refused to provide contact details, the information on status of grievance redress and outcomes resolution process, will be posted on the information boards of relevant regional branch of CoR MID RoK and relevant community / rayon / oblast Akimats. Outcomes of the grievance resolution process will also be documented in the grievance database and reflected in the project periodic progress reports. The GRC coordinator at the regional level will coordinate GRM activities with members of GRC at regional level on a weekly basis to update GRC’s consolidated database of complaints for each project. Each member of the GRC at the regional level will have access to the grievance database and will be provided with an electronic copy of the grievance database file in MS Excel format. The GRC coordinator at regional level will monitor the grievance resolution process and prepare a summary report on GRM, which will be included in its quarterly progress report. The GRC coordinator at the regional level will submit the grievance monitoring forms (relevant parts completed), as well as grievance database for each project to the GRC coordinator at central level on a monthly basis. 48 , The GRC coordinator at central level will collect data from the GRC coordinators at regional level, undertake monitoring of the overall GRM process, track timelines of grievance resolution, recommend corrective actions to GRC coordinators at regional level (as needed), and prepare a summary report on GRM, which will be shared with CoR (and IFIs, as needed) on quarterly basis. In addition, the GRC coordinator at central level will maintain a centralized grievance database for all road sector projects funded by IFIs and will update that on monthly basis. The copies of the grievance database should be shared with CoR (and IFIs, as needed) on a monthly basis. In addition, the GRC coordinator at central level will prepare summary reports on a semi-annual and annual basis (as needed) and submit them to the CoR (and respective IFI, as needed). To ensure timely and effective resolution of grievances, it is recommended to establish a tracking system and define key performance indicators. This approach will enable the assessment of the overall effectiveness of the GRM and allow for corrective actions as needed. Disclosure of Grievance Redress procedure The grievance redress procedure for the project will be disseminated through information leaflets and brochures, and presented during the project related meetings and public consultations. During these gatherings, it should be emphasized that the informal GRM is aimed at quick and amicable resolution of complaints and does not substitute the legal process established under national legislation. At the beginning of each project (commencement of construction at each section of the road) community consultation shall be carried out by CCs and CSCs under the coordination and supervision of the GRC coordinator at regional level to ensure people’s awareness of the availability of the GRM, steps of grievance resolution as well as contacts and locations of focal points to be approached in case of grievance. CCs, CSC, PMCs, regional branches of Kazavtozhol and akimats, as well as NGOs and professional mediators are considered as the key actors of the GRM and play a crucial role in disseminating the information on GRM and facilitating quick and amicable resolution of complaints. The GRC coordinator at the regional level shall coordinate information dissemination activities on GRM, and ensure that the posters providing details on GRM and contacts of grievance focal points at CCs and CSCs, GRC coordinator at regional level are posted in publicly accessible and visible places at every construction site and in every affected community. In addition, the information on GRM (leaflets, brochures), including contact details grievance focal points at CCs and CSCs, GRC coordinator at regional level, should be available at the offices of CCS, CSCs, PMCs, Akimats, regional branches of Kazavtozhol. In the areas populated by minority groups meetings shall be held and information leaflets shall be provided in the linguistically appropriate manner, if the language used by the minority group is different from official language of RoK Certain persons or groups of persons with grievances in regard to the project can address to the employees of Zhambyl and Kordai district akimats of Almaty and Zhambyl oblasts correspondingly and the Committee for Roads of the Ministry for Investment and Development of the Republic of Kazakhstan, in particular, to the deputy akims of the relevant districts that are coordinating housing and utilities issues, roads and to representatives of the CfR MID RoK in these regions. 49 , Heads of the above government institutions are obliged to provide responses to the requests and review complaints received from the affected persons and their representatives within one month. Public reception should be provided at the work place in the specified and informed weekdays and hours according to the schedule approved by the first deputy head of the relevant government authority. If complaints are not resolved at the rural or district level, then these complaints will be forwarded to the level of the CfR MID RoK. Persons in charge: Karymbayeva Assel - 8-7172-754641, e-mail: a.karymbaeva@mid.gov.kz APPENDIX 3. MINUTES OF PUBLIC HEARINGS Minutes of Public Hearings within the Implementation of “Kurty-Burylbaital” Road Section Reconstruction Project Almaty Oblast 15.00 pm Zhambyl District March 30, 2015 Aidarly Rural District The Building of the Center of Culture Agenda: “Discussion of “Kurty-Burylbaital” Road Section Reconstruction Project: Environmental and Social Issues” Attended by: employees of the Committee for Roads of the Ministry for Investment and Development, “Almatyzhollaboratory” RSE and Almaty Branch of “Kazavtozhol” JSC, chief engineers of the projects of “Doris” LLP, “Kazdorproject” LLP and “Top-Geodesy” LLP and employees of local executive authorities, community (list of participants is attached). Deputy Akim of Zhambyl District of Almaty Oblast Yertas Nurlan Yertassuly made his introductory speech and opened the public hearings. The Director of “Almatyzhollaboratory” RSE Kenzhegul Sakhi introduced employees of the Committee for Roads MID RoK, Almaty Branch of “Kazavtozhol” JSC and chief engineers of the projects of “Doris” LLP, “Kazdorproject” LLP and “Top-Geodesy” LLP, and then he pointed out the main objectives and tasks of the project and highlighted that under the implementation of “Kurty-Burylbaital” Road Project and in accordance with the requirements of IFIs, it is required to hold public hearings. He also expressed his gratitude for the participation in public hearings, familiarized the attendees with the subject of the public hearings and financing of this project at the expense of funds (loans) of the World Bank and 50 , European Bank for Reconstruction and Development. He clarified that the main objective of this public hearing is disclosure of information, social and environmental issues, as well as land acquisition issues. He stressed out the importance of this road section reconstruction. The Chief Engineer of the Project of “Kazdorproject” LLP Solnetsova Yelena familiarized the attendees with the history of the project development, main technical provisions of the draft design of “Astana- Almaty” road section reconstruction km 2295-2335, goals and objectives of this project, informed about the main technical and economical indicators for the object reconstructed. Further, the Chief Engineer of the Project of “Doris” LLP Yaschenko Sergei made his speech in regard to “Astana-Almaty” road section reconstruction km 2335-2380. He presented his section of the road and main technical provisions of the draft design for “Kurty-Burylbaital” road section reconstruction that had been performed by “Doris” LLP. The Chief Engineer of “Top-Geodesy” LLP Kozlov Yuriy reported on the project of “Astana-Almaty” road section reconstruction km 2214-2295 and spoke about the main technical and economical indicators of the object reconstructed. The participants asked a series of questions, for which the following clarifications were provided: Questions Answers What is the size of the cattle underpass? In accordance with the standards, the size of the cattle underpass is 4X2.5 meters How many traffic lanes are there on the new 4 traffic lanes with median strip road? What is the load axis? The load axis is 13 tons per 1 axis How many meters are provided for Permanent land acquisition for the road is permanent land acquisition for the road? 35 meters each on both sides from the road axis What kind of procedure is used for land According to the “Land Code” of the RoK acquisition for the road? and the Law of the RoK “On Public Property”, Akimat of Ili District will issue a decision on the permanent land acquisition attaching the list of number of land owners and area of the land plots subject to acquisition, and after the decision issuance, all the land owners and land users will receive a notice within three calendar days. The acquisition shall be carried out by local 51 , executive authorities. Will there be any bypass roads during No, since this project envisages construction? reconstruction. The project provides 4 lane traffic and correspondingly the construction of a new traffic lane. After the completion of one traffic lane construction, the completed lane will be opened and the old traffic lane will be reconstructed. Road construction term Based on the design, the road construction term is 34 months Is it possible to provide additional cattle Currently, the availability and location of all underpasses? the cattle underpasses have been approved with the local executive authorities. During construction period, it is possible to include construction of additional cattle underpasses as required and in strict compliance with the standards. Is it possible to built commercial facilities No, construction of commercial facilities along the road? (café, service station, etc.) along the road, as well as provision of land plots along the road is prohibited until the completion of construction. Will there be any guardrails? Yes, the design envisages guardrails along the road When is it planned to reconstruct this road? “Kurty-Burylbaital” road reconstruction is planned in 2016 How will the land provided for temporary All the land plots provided for temporary acquisition (bypass roads, borrow pits, land acquisition will be restored through stocking of inert materials) be returned? technical and biological reclamation, and after that they will be returned to owners Are there any opportunities for the local Employment of local population is population to get jobs? provided, however, candidates shall comply with the qualification requirements. After the discussion of the set out questions and suggestions in the course of the public hearings, the following decision was taken: 52 , To continue the active work in relation to informing the public on the progress of “Kurty-Burylbaital” road reconstruction project implementation, namely: 1. To publish the summary of the public hearings outcomes in the media; 2. To publish the main provisions of the road design and provide access of the residents of all the nearby settlements to them through placing it in several copies in the buildings of public libraries or akimats. Chairman of the Meeting [signature] S. Kenzhegul Secretary of the Meeting [signature] K. Serdaliyev [stamp] 53 , 54 , 55 , 56 , 57 , 58 Minutes of Public Hearings within the Implementation of “Kurty-Burylbaital” Road Section Reconstruction Project Almaty Oblast 10.00 am Ili District March 30, 2015 Kurty Rural District The Building of Akimat Attended by: employees of the Committee for Roads of the Ministry for Investment and Development, “Almatyzhollaboratory” RSE and Almaty Branch of “Kazavtozhol” JSC, Chief Engineer of the project of “Doris” LLP, employees of Kurty Rural District Akimat, local community (list of participants is attached). Akim of Kurty Rural District of Ili District in Almaty Oblast Ogizbayev Daniyal Rakhymbayevich made his introductory speech and opened the public hearings. The Director of “Almatyzhollaboratory” RSE Kenzhegul Sakhi introduced employees of the Committee for Roads MID RoK, Almaty Branch of “Kazavtozhol” JSC and the Chief Engineer of the project of “Doris” LLP, and then he pointed out the main objectives and tasks of the project and highlighted that under the implementation of “Kurty-Burylbaital” Road Project and in accordance with the requirements of IFIs, it is required to hold public hearings. He also expressed his gratitude for the participation in public hearings, familiarized the attendees with the subject of the public hearings and financing of this project at the expense of funds (loans) of the World Bank. He clarified that the main objective of this public hearing is disclosure of information, social and environmental issues, as well as land acquisition issues. He stressed out the importance of this road section reconstruction. The Chief Engineer of the Project of “Doris” LLP Yaschenko Sergei familiarized the attendees with the history of the project development, main technical provisions of the draft design of “Kurty-Burylbaital” road section reconstruction, goals and objectives of this project, informed about the main technical and economical indicators for the object reconstructed. The participants asked a series of questions, for which the following clarifications were provided: Questions Answers What is the size of the cattle underpass? In accordance with the standards, the size of the cattle underpass is 4X2.5 meters How many traffic lanes are there on the new 4 traffic lanes with median strip road? How many meters are provided for Permanent land acquisition for the road is permanent land acquisition for the road? 35 meters each on both sides from the road , axis What kind of procedure is used for land According to the “Land Code” of the RoK acquisition for the road? and the Law of the RoK “On Public Property”, Akimat of Ili District will issue a decision on the permanent land acquisition attaching the list of number of land owners and area of the land plots subject to acquisition, and after the decision issuance, all the land owners and land users will receive a notice within three calendar days. The acquisition shall be carried out by local executive authorities. Is it possible to provide additional cattle Currently, the availability and location of all underpasses? the cattle underpasses have been approved with the local executive authorities. During construction period, it is possible to include construction of additional cattle underpasses as required and in strict compliance with the standards. Is it possible to built commercial facilities No, construction of commercial facilities along the road? (café, service station, etc.) along the road, as well as provision of land plots along the road is prohibited until the completion of construction. Will there be any guardrails? Yes, the design envisages guardrails along the road When is it planned to reconstruct this road? “Kurty-Burylbaital” road reconstruction is planned in 2016 Are there any opportunities for the local Employment of local population is population to get jobs? provided, however, candidates shall comply with the qualification requirements. How will the land provided for temporary All the land plots provided for temporary acquisition (bypass roads, borrow pits, land acquisition will be restored through stocking of inert materials) be returned? technical and biological reclamation, and after that they will be returned to owners. 60 , The Deputy Akim of Zhambyl District of Almaty Oblast Yertas Nurlan Yertasuly has thanked everyone who made their speeches at these hearings and for the answers provided on behalf of all the attendees, as well as noted that the population of Zhambyl District supports the road reconstruction. After the discussion of the set out questions and suggestions in the course of the public hearings, the following decision was taken: To continue the active work in relation to informing the public on the progress of “Kurty-Burylbaital” road reconstruction project implementation, namely: 1. To publish the summary of the public hearings outcomes in the media; 2. To publish the main provisions of the road design and provide access of the residents of all the nearby settlements to them through placing it in several copies in the buildings of public libraries or akimats. Chairman of the Meeting [signature] S. Kenzhegul Secretary of the Meeting [signature] K. Serdaliyev [stamp] 61 , 63 , MINUTES of Public Hearings Sarybastau Village of Zhambyl District Date: May 27, 2016; 16:30 pm Location: Building of the Secondary School of Ungirtas Rural District of Zhambyl District in Almaty Oblast Public hearings have been organized by: Akimat of Zhambyl District of Almaty Oblast and “Zhambylzhollaboratory” RSE Information on the public hearings has been provided to the pubic through: announcement Participants: residents of Zhambyl District, representatives of local executive authorities, representatives of “Zhambylzhollaboratory” RSE, PMC KazdorNII/Sapa-SZ, “Kazdorproject” LLP (list of participants is attached) Agenda: “Familiarization of the public with “Otar-Uzynagash” project, introduction of detail design for the road section reconstruction project that is being developed, as well as Draft Environmental and Social Impacts Assessment and Environmental Management Plan to the local communities” 1. Election of the Public Hearings Chairman 2. Election of the Public Hearings Secretary 3. Summarization of the public decision on the subject of the hearings 4. Time limit on speeches is 3 minutes Based on the majority of votes: The Director of “Zhambyl District Department for Housing and Utilities, Passenger Transport and Roads” of Almaty Oblast Daniyarov A. was elected as the Public Hearings Chairman. The Chief Specialist of the Personnel of Akim of Ungirtas Rural District of Zhambyl District in Almaty Oblast Daurenbayev Ye. was elected as the Public Hearings Secretary. Speeches made by: 64 , 1. The Director of “Zhambyl District Department for Housing and Utilities, Passenger Transport and Roads” of Almaty Oblast Daniyarov A. greeted everyone present, introduced representatives of “Almatyzhollaboratory” RSE, PMC KazdorNII/Sapa-SZ, “Kazdorproject” LLP to the residents of Zhambyl District. 2. The objective of the public hearings is discussion of “Otar-Uzynagash” project, familiarization of local residents with Environmental and Social Impacts Assessment and Environment Management Plan. 1. Representative of “Almatyzhollaboratory” RSE Assanova G. After greeting everyone, she thanked them for participation in the public hearings. Further, she provided a brief summary of Terms of Reference for the development of the road reconstruction design. Importance of the public hearings was stressed out and it was told that the road construction is the main component of “Nurly Zhol” new economic policy of the country, as well as that the reconstruction and ne w construction will transform the existing road. 2. The Chief Engineer of “Kazdorproject” LLP Kulinov I. He made a presentation showing the main technical details of the project for improvement of “Otar- Uzynagash” road section km 63-101, which is under the design stage at the moment. 3. The Chief Engineer of “Kazdorproject” LLP Zhumabekov A. He made a presentation showing the main technical details of the project for improvement of “Otar- Uzynagash” road section km 63-101, which is under the completion of the design stage at the moment. 4. Representative of PMC KazdorNII/Sapa-SZ Serdaliyev K. After greeting and thanking everyone for their participation in the public hearings, he noted the importance of public hearings and said that the main element for economic activities impact on the environment is indicators of environmental situation and social sphere. In order to comply with the environmental legislation of the Republic of Kazakhstan and decrease adverse impact on the environment and health state of the population that can be caused by the planned activities, environmental and social management plan, as well as mitigation measures for impacts managements are provided. 1. Resident of the Village Question: How many cattle underpasses are there in “Otar-Uzynagash” section km 101-143? Answer: In this section, 9 cattle underpasses are provided. 65 , 2. Resident of the Village Question: What is the size of a cattle underpass? Answer: According to the effective standards, the size of a cattle underpass is as follows: height is 2.5 meters and width is 4 meters. 3. Resident of the Village Question: What are the land plots that are located within the area of permanent acquisition? Answer: Currently, the design is under development and after its approval by relevant authorities and allocation of financing according to the Land Code of the Republic of Kazakhstan and the Law of the RoK “On Public Property”, the decision will be issued by the relevant akimat and the list with specified land plots will be attached. Further, akimat will take required action, according to the current legislation. In addition, in accordance with the current legislation of the RoK, local executive authorities are engaged in land acquisition process. 4. Resident of the Village Question: What is the distance between the cattle underpasses? Answer: According to the current standards, average distance is 10-40 km depending on the population density and cattle population size. 5. Resident of the Village Suggestion: An additional bridge at km 99 of “Otar-Uzynagash” road section should be provided in design. Response: Your suggestion has been taken into consideration and will be reviewed in accordance with standards. 6. Resident of the Village Question: What is the timing for the construction commencement and completion for this road? Answer: It is planned to commence construction in the end of 2017 and complete the construction in the end of 2020. Public Hearings Conclusions Based on the results of considerations and discussion of the detail design, as well as Draft ESIA, and based on “no objection” and upon consensus in regard to the fact that the planned activities will not significantly affect environment and health state of the population adversely, the following has been summarized: 66 , The developed “Otar-Uzynagash” road reconstruction project was clarified and approved with the public and population of Zhambyl District of Almaty Oblast. Public Hearings Chairman Director of “Zhambyl District Department for Housing and Utilities, Passenger Transport and Roads” of Almaty Oblast Daniyarov A. [signature] Public Hearings Secretary Chief Specialist of the Personnel of Akim of Ungirtas Rural District of Zhambyl District in Almaty Oblast Daurenbayev Ye. [signature] [stamp] 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , MINUTES of Public Hearings Kenen Village of Kordai District Date: May 27, 2016; 10:00 am Location: Building of the Assembly Hall of the Center of Culture, Kenen Rural District of Kordai District in Zhambyl Oblast Public hearings have been organized by: Akimat of Kenen Rural District of Kordai District of Zhambyl Oblast and “Zhambylzhollaboratory” RSE Information on the public hearings has been provided to the pubic through: announcement Participants: residents of Kordai District, representatives of local executive authorities, representatives of “Zhambylzhollaboratory” RSE, PMC KazdorNII/Sapa-SZ, “SK Engineering” LLP (list of participants is attached) Agenda: “Familiarization of the public with “Otar-Uzynagash” project, introduction of detail design for the road section reconstruction project that is being developed, as well as Draft Environmental and Social Impacts Assessment and Environmental Management Plan to the local communities” 1. Election of the Public Hearings Chairman 2. Election of the Public Hearings Secretary 3. Summarization of the public decision on the subject of the hearings 4. Time limit on speeches is 3 minutes Based on the majority of votes: Akim of Kenen Rurdal District of Kordai District in Zhambyl Oblast Tlemissov D.M. was elected as the Public Hearings Chairman. The Specialist of the Personnel of Akim of Kenen Rural District of Kordai District in Zhambyl Oblast Yeraliyeva B.I. was elected as the Public Hearings Secretary. Speeches made by: 75 , 1. Akim of Kenen Rurdal District of Kordai District in Zhambyl Oblast Tlemissov D.M. greeted everyone present, introduced representatives of “Zhambylzhollaboratory” RSE, PMC KazdorNII/Sapa-SZ, “SK Engineering” LLP to the residents of the village. 2. The objective of the public hearings is discussion of “Otar-Uzynagash” project, familiarization of local residents with Environmental and Social Impacts Assessment and Environment Management Plan. 1. Chief Engineer of the Project, “SK Engineering” LLP Mussayev M.T. After greeting everyone, he thanked them for participation in the public hearings. Further, he provided a brief summary of Terms of Reference for the development of the road reconstruction design. Importance of the public hearings was stressed out and it was told that the road construction is the main component of “Nurly Zhol” new economic policy of the country, as well as that the reconstruction and new construction will transform the existing road. Representatives made a presentation showing the main technical details of the project for improvement of “Otar-Uzynagash” road section km 63-101, which is under the design completion stage at the moment. 2. Representative of PMC KazdorNII/Sapa-SZ Serdaliyev K. After greeting and thanking everyone for their participation in the public hearings, he noted the importance of public hearings and said that the main element for economic activities impact on the environment is indicators of environmental situation and social sphere. In order to comply with the environmental legislation of the Republic of Kazakhstan and decrease adverse impact on the environment and health state of the population that can be caused by the planned activities, environmental and social management plan, as well as mitigation measures for impacts managements are provided. 1. Resident of Kenen Village Question: What are the land plots that are located within the area of permanent acquisition? Answer: Currently, the design is under development and after its approval by relevant authorities and allocation of financing according to the Land Code of the Republic of Kazakhstan and the Law of the RoK “On Public Property”, the decision will be issued by the relevant akimat and the list with specified land plots will be attached. Further, akimat will take required action, according to the current legislation. In addition, in accordance with the current legislation of the RoK, local executive authorities are engaged in land acquisition process. 2. Resident of Kenen Village Question: What is the timing for the construction commencement and completion for this road? 76 , Answer: It is planned to commence construction in the end of 2017 and complete the construction in the end of 2020. 3. Resident of Kenen Village Question: How many trees are subject to deforestation during reconstruction? Answer: Preliminary, the project envisages deforestation for 74 trees, and after reconstruction it provides planting 222 trees. 4. Resident of Kenen Village Question: What is the size and number of cattle underpasses? Answer: In this section, 3 standard cattle underpasses are provided with the height of 2.5 meters and width of 4 meters. Public Hearings Conclusions Based on the results of considerations and discussion of the detail design, as well as Draft ESIA, and based on “no objection” and upon consensus in regard to the fact that the planned activities will not significantly affect environment and health state of the population adversely, the following has been summarized: The developed “Otar-Uzynagash” road reconstruction project was clarified and approved with the public and population of Kordai District of Zhambyl Oblast. Public Hearings Chairman Akim of Kenen Rurdal District of Kordai District in Zhambyl Oblast Tlemissov D.M. [signature] Public Hearings Secretary The Specialist of the Personnel of Akim of Kenen Rural District of Kordai District in Zhambyl Oblast Yeraliyeva B.I. [signature] [stamp] 77 , 78 , 79 , MINUTES OF PUBLIC HEARING Public Hearings conducting Sarybastau village of Zhambyl district Date: April 17, 2017, 4:00 pm Venue: Building of secondary school of Ungirtas rural district of Zhambyl district of Almaty oblast Public hearings have been organized by: Akimat of Zhambyl district of Almaty oblast and CfR MID RK, «Kazavtozhol» NC JSC Information about public hearings has been provided to the pubic through: Announcement Participants: residents of Zhambyl district, representatives of local executive authorities, representatives of CfR MID RK, «Kazavtozhol» NC JSC, PMC «KazdorNII/Sapa-SZ», «Kazdorproject» LLP (list of participants is attached) Agenda: «Familiarization of the public with «Otar-Uzynagash» project, familiarization of locals with developed technical decision of road reconstruction project and documents on Environmental and Social Impacts Assessment, Resettlement Action Plan and conclusion of Archeological and cultural heritage» 1. Election of the Public Hearings Chairman; 2. Election of the Public Hearings Secretary; 3. Summarization of the public decision on the subject of the hearings; 4. Time limit on speeches is 3 minutes. Based on the majority of votes: A.Daniyarov, manager of SE «Zhambyl district department of HCA, passenger transport and roads» of Almaty oblast was elected as Chairman of Public hearings. E.Daurenbayev, senior specialist of administrative office of akim of Ungirtas rural district of Zhambyl district of Almaty oblast, was elected as secretary of public hearings. Speeches made by: 1. A.Daniyarov, manager of SE «Zhambyl district department of HCA, passenger transport and roads» of Almaty oblast having greeted all participants, presented to locals the representatives of CfR MID RK, «Kazavtozhol» NC JSC, PMC «KazdorNII/Sapa-SZ», «Kazdorproject» LLP. 2. The objective of the public hearings is discussion of «Otar-Uzynagash» project, familiarization of local residents with developed technical decisions of road reconstruction project and documents on 80 , Environmental and Social Impacts Assessment, Resettlement Action Plan and conclusion of Archeological and cultural heritage». 1. Representative of «Kazavtozhol» NC JSC Akyltayev N. After greeting everyone, he thanked them for participation in the public hearings. Further he explained summary of Terms of Reference for road reconstruction project development. He noticed the importance of the public hearings and told, that road construction is the main component of new economic policy of the country «Nurly Zhol» and the reconstruction and new construction will transform the existing road. 2. Main Engineer of «Kazdorproject» LLP Kulinov I. He made a presentation showing the main technical details of the project for improvement of «Otar- Uzynagash» road project km 63-101 and km 101-143, which is under the design completion stage at the moment. 3. Representative of PMC «KazdorNII/Sapa-SZ», Serdaliyev K. After greeting and thanking everyone for their participation in the public hearings, he noted the importance of public hearings and said that the main element for economic activities impact on the environment is indicators of environmental situation and social sphere. In order to comply with the environmental legislation of the Republic of Kazakhstan and other legislations of RK and decrease adverse impact on the environment and health state of the population that can be caused by the planned activities, environmental and social management plan, mitigation measures for impacts managements and conclusion of archeological and cultural heritage are provided. 1. Resident of village Question: How many cattle passes on «Otar-Uzynagash» section km 101-143? Answer: At this road section the project stipulates 9 cattle passes. Question: How many cattle passes on «Otar-Uzynagash» section km 63-101? Answer: At this road section the project stipulates 7 cattle passes. 2. Resident of village. Question: What dimensions are cattle passes? Answer: According to valid standard the dimensions of cattle passes are: height 2,5 m and width 4m. Question: Will the local population be employed during road construction? Answer: The project stipulates employment of local population during road construction. 3. Resident of village 81 , Question: What distance is between cattle passes? Answer: According to valid standard average distance is 10-40 km depending on density of settlement and cattle pass number. 4. Resident of village Question: When will road construction starting date and completion date be? Answer: Construction start – the end of 2017, completion – end of 2020 is planned. Public Hearings Conclusions Based on the results of considerations and discussion of the developed technical solutions on road reconstruction project and documents on ESIA, Resettlement Action Plan and conclusion of archeological and cultural heritage based on «no objection» and upon consensus in regard to the fact that the planned activities will not significantly affect environment and health state of the population adversely, the following has been summarized: The developed «Otar-Uzynagash» road reconstruction project was clarified and approved with the public and population of Zhambyl district of Almaty Oblast. Public Hearings Chairman: Manager of SE «Zhambyl district department of HCA, passenger transport and roads» of Almaty oblast Daniyarov A. signature Public Hearings Secretary: Senior Specialist of Administrative office of Akim of Ungirtas rural district of Zhambyl district of Almaty oblast Daurenbayev E. signature 82 , MINUTES OF PUBLIC HEARING Public Hearings conducting Kenen village of Kordai district Date: April 18, 2017, 3:00 pm Venue: Building of assembly hall of cultural centre of Kenen rural district of Kordai district of Zhambyl oblast Public hearings have been organized by: Akimat of Kenen of Kordai district of Zhambyl oblast, «Kazavtozhol» NC JSC Information about public hearings has been provided to the pubic through: Announcement Participants: residents of Kordai district, representatives of local executive authorities, representatives of CfR MID RK, «Kazavtozhol» NC JSC, PMC «KazdorNII/Sapa-SZ», «SK Engineering» LLP (list of participants is attached) Agenda: «Familiarization of the public with «Otar-Uzynagash» project, familiarization of locals with developed technical decision of road reconstruction project and documents on Environmental and Social Impacts Assessment, Resettlement Action Plan 1. Election of the Public Hearings Chairman; 2. Election of the Public Hearings Secretary; 3. Summarization of the public decision on the subject of the hearings; 4. Time limit on speeches is 3 minutes. Based on the majority of votes: Zh.Aiypova, senior specialist of administrative office of akim of Kenen rural district of Zhambyl oblast was elected as Chairman of Public hearings. B.Yeraliyeva, specialist of administrative office of Kenen rural district of Kordai district of Zhambyl oblast was elected as secretary of public hearings. Speeches made by: 1. Zh.Aiypova, senior specialist of administrative office of akim of Kenen rural district of Zhambyl oblast having greeted all participants, presented to locals the representatives of CfR MID RK, «Kazavtozhol» NC JSC, PMC «KazdorNII/Sapa-SZ», «SK Engineering» LLP. 83 , 2. The objective of the public hearings is discussion of «Otar-Uzynagash» project, familiarization of local residents with developed technical decisions of road reconstruction project and documents on Environmental and Social Impacts Assessment, Resettlement Action Plan. 1. Main Engineer of «SK Engineering» LLP project After greeting everyone, he thanked them for participation in the public hearings. Further he explained summary of Terms of Reference for road reconstruction project development. He noticed the importance of the public hearings and told, that road construction is the main component of new economic policy of the country «Nurly Zhol» and the reconstruction and new construction will transform the existing road. He made a presentation showing the main technical details of the project for improvement of «Otar- Uzynagash» road project, which have been completed at this moment and received positive conclusion from state expertise. 2. Representative of PMC «KazdorNII/Sapa-SZ», Serdaliyev K. After greeting and thanking everyone for their participation in the public hearings, he noted the importance of public hearings and said that the main element for economic activities impact on the environment is indicators of environmental situation and social sphere. In order to comply with the environmental legislation of the Republic of Kazakhstan and other legislations of RK and decrease adverse impact on the environment and health state of the population that can be caused by the planned activities, environmental and social management plan, mitigation measures for impacts managements and conclusion of archeological and cultural heritage are provided. 1. Resident of Kenen village Question: Will the local population be employed during road construction? Answer: The project stipulates employment of local population during road construction. 2. Resident of Kenen village Question: When will road construction starting date and completion date be? Answer: Construction start – the end of 2017, completion – end of 2018 is planned. 3. Resident of Kenen village Question: What dimensions are cattle passes? Answer: On this section the project stipulates 2 standard cattle passes: height 2,5 m and width 4m. Public Hearings Conclusions 84 , Based on the results of considerations and discussion of the developed technical solutions on road reconstruction project and documents on ESIA, Resettlement Action Plan and based on «no objection» and upon consensus in regard to the fact that the planned activities will not significantly affect environment and health state of the population adversely, the following has been summarized: The developed «Otar-Uzynagash» road reconstruction project was clarified and approved with the public and population of Kordai district of Zhambyl Oblast. Public Hearings Chairman: Senior specialist of Administrative office of Akim of Kenen rural district of Kordai district of Zhambyl oblast Aiypova Zh. signature Public Hearings Secretary: Specialist of Administrative office of Akim of Kenen rural district of Kordai district of Zhambyl oblast Yeraliyeva B. signature 85