“WATER SECTOR PROJECTS IMPLEMENTATION UNIT” STATE AGENCY OF STATE COMMITTEE OF WATER ECONOMY OF MINISTRY OF ENERGY INFRASTRUCTURE AND NATURAL RESOURCES OF REPUBLIC OF ARMENIA MASTARA RESETTLEMENT ACTION PLAN RESERVOIR PROJECT PRELIMINARY VERSION FEASIBILITY SURVEY, PRELIMINARY DESIGN, AND PROJECT DOCUMENTS PREPARATION PHASE FEBRUARY, 2019 1 TABLE OF CONTENTS Definition of Terms .................................................................................................................................. 5 I. INTRODUCTION ................................................................................................................................ 7 1.1. General Information ..................................................................................................................... 7 1.2. Project Objective .......................................................................................................................... 7 1.3. Project Description ....................................................................................................................... 7 1.4. Objective of the Preliminary Resettlement Action Plan (RAP) ........................................................ 9 1.5. Scope and Status of Preliminary Resettlement Action Plan ............................................................ 9 II. IMPACT ASSESSMENT ..................................................................................................................... 10 2.1. Preliminary Assessment of Land Acquisition and Resettlement Impacts ...................................... 10 2.2. Land Impacts .............................................................................................................................. 10 2.3. Other Impacts ............................................................................................................................. 16 III. Characteristics of Project Affected People........................................................................................ 17 IV. LEGAL AND POLICY BACKGROUND .............................................................................................. 18 RA Legislation on Land Acquisition and Resettlement ............................................................................. 18 V. WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT ............................................................... 23 VI. COMPARISON OF ARMENIAN LEGISLATION ON LAR AND WB INVOLUNTARY RESETTLEMENT POLICY 24 VII. LAND ACQUISITION AND RESETTLEMENT PRINCIPLES AND ENTITLEMENTS ADOPTED FOR THE PROJECT ................................................................................................................................................ 27 VIII. COMPENSATION ELIGIBILITY AND ENTITLEMENTS ....................................................................... 28 8.1 Eligibility .......................................................................................................................................... 28 8.2. Cut-Off Date .................................................................................................................................... 28 8.3. Compensation Entitlements ............................................................................................................ 28 8.4. Provisional Entitlement and Compensation Matrix .......................................................................... 32 8.5. Assessment of Compensation Unit Values ....................................................................................... 36 8.6. Conditions for Expropriation ........................................................................................................... 37 2 8.7. Legalization Requirements .............................................................................................................. 38 IX. PUBLIC CONSULTATIONS AND INFORMATION DISCLOSURE ......................................................... 39 9.1. Public Consultations ................................................................................................................... 39 9.2. Disclosure of LAR-Related Documents ......................................................................................... 39 9.3. Grievance Redress Mechanism.................................................................................................... 40 X. RAP IMPLEMENTATION AND MONITORING RESPONSIBILITIES ........................................................ 43 10.1. Institutional Arrangements ......................................................................................................... 43 MEINR/SCWS/WSPIU ............................................................................................................................. 43 Local Self Government ........................................................................................................................... 44 Donor Organization ............................................................................................................................... 44 10.2. Implementation Responsibilities and Structure ........................................................................... 45 XI. RAP FINALISATION AND IMPLEMENTATION PROCESS.................................................................. 49 11.1. Final RAP Preparation Phase .......................................................................................................... 49 Social-economic survey (SES) and Census ............................................................................................... 50 11.2. RAP Implementation Phase ........................................................................................................... 50 11.3. RAP Post-Implementation Evaluation .............................................................................................51 XII. RAP FINALIZATION AND IMPLEMENTATION SCHEDULE ............................................................... 52 XIII. RESETTLEMENT BUDGET AND FINANCING ................................................................................... 54 XIV. MONITORING AND EVALUATION ................................................................................................ 56 ANNEXES ............................................................................................................................................... 57 Annex 1. Cadastral Map ......................................................................................................................... 57 Annex 2 Public Consultations Minutes, List of Participants, Photos ......................................................... 59 Annex 3․ Information Booklet (Preliminary) .......................................................................................... 76 Annex 4. Letters from Local Authorities .................................................................................................. 82 3 Abbreviations AMD Armenian Dram AP Affected person DC Design consultant DP Displaced persons EMA External monitoring agency FS Feasibility study GFP Grievance focal person HH Household ISMP Irrigation System Modernization Project LA Local authorities (community authorities) LAR Land acquisition and resettlement LSGB Local Self-Governing Body MA Ministry of Agriculture MEINR Ministry of Energy Infrastructure and Natural Resources MNP Ministry of Nature Protection MTA Ministry of Territorial Administration MRP Mastara reservoir project NGO Non-governmental organization OP Operational policy PAP Project affected person PC Public consultations RA Republic of Armenia RAP Resettlement action plan RIT Resettlement implementation team RPF Resettlement policy framework SES Social-economic survey SCREC State Committee of the Real Estate Cadaster SCWE State Committee of Water Economy USD United States Dollar WB World Bank WSPIU Water Sector Project Implementation Unit WUA Water Users Associations 4 Definition of Terms Affected Households The affected household as a whole. This unit operates as a single economic and (AH) domestic unit and may consist of an individual, a single nuclear family or an extended family. This is the essential unit entitled for compensation/rehabilitation. Project Affected Any person (individual) affected by project-related changes in the use of land, water Person/People (PAP) and other natural resources, or by project induced income losses. Compensation Payment for restoration or the replacement cost of the acquired assets Eminent Domain A regulatory measure by government to obtain land. Entitlement Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Expropriation Government’s action in taking or modifying property rights in the exercise of the right of Eminent Domain. Host Population Community residing near the area where the Project beneficiaries propose to voluntarily resettle as part of the Project. Informal Tenants An Affected Person who uses affected agricultural land or asset based on an informal agreement with an absent owner or the community as confirmed by a statement from a Community Leader. Land Acquisition The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration Rehabilitation Compensatory measures provided under the Policy Framework on involuntary resettlement other than payment of the replacement cost of acquired assets. Relocation The physical relocation of a PAP/AH from her/his pre-Project place of residence/business Replacement Cost The method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. Resettlement Plan A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Vulnerable Households Vulnerable households are any household that has any of the following characteristics:  Households which included family(s) who are registered in the family benefit system (vulnerability assessment system) and receive family allowances.  Households, headed by women, where there is no other adult of working age, except for elderly persons (people of old pension age), persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years full-time studying at educational institutions  Households, headed by elderly persons (people of old pension age), where there is no other person of working age, except for persons doing compulsory military 5 service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years studying full-time at educational institutions.  Households headed by persons with disability of 1st and 2nd group, where there is no other person of working age, except for persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years studying full-time at educational institutions. Legalizable PAP PAPs who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets--provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan. They are provided compensation for the land they lose only after the legalization of their ownership rights and other assistance in accordance with the RAP. Non – legalizable PAP PAPs who use affected land and adjacent asset but do not have legal possibility of eligibility to obtain ownership or other property rights toward the affected land according to restrictive provisions and regulations of legislation. Tenants are provided with resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in the RAP. 6 I. INTRODUCTION 1.1. General Information In Armenia surface water flow is very unequally distributed both per regions and per seasons. In conditions of severely dry climate water shortage is more severely felt in the sector of irrigated agriculture. In such conditions it is impossible to manage surface flows without reservoirs. The decision to build Mastara reservoir was made for management of mud flows of Selav Mastara River. The Selav Mastara River originates from mountain Aragats, at the height of 3,000m and is fed by snow layer of Aragats and its springs. The length of the river is 98 km. The Government of the Republic of Armenia (RA) has received a grant from the Multi-Donor Europe and Central Asia Capacity Development Trust Fund (ECAPDEV TF) administered by the International Bank for Reconstruction and Development/International Development Association (“World Bank”). The development objective of the grant is to prepare the preliminary design for the Mastara Reservoir Project (MRP), to develop the project documents and to enhance capacity of the “Water Sector Projects Implementation Unit” State Agency (WSPIU) of the State Committee of Water Economy (SCWE) of the Ministry of Energy Infrastructure and Natural Resources (MEINR) of the Republic of Armenia (RA) to prepare and implement projects in the areas of procurement, monitoring and evaluation 1.2. Project Objective The construction of the Mastara reservoir aims to provide supplementary water to Armavir main canal to improve irrigation in 6 communities of the RA Armavir Marz (Province) – Hatsik (1,081ha), Myasnikyan (836 ha), Khanjyan (533.5 ha), Lukashin (689.4 ha), Norapat (252.9 ha) and Noravan (315.6 ha). In 2017 the total irrigated area in these communities was 3,708 ha of land. With the construction of the reservoir additional 675 ha of land will be irrigated in Hatsik (60.6 ha), Myasnikyan (517 ha), Khanjyan (22 ha), Lukashin (54.8 ha), Norapat (20 ha) and Noravan (1 ha) which are currently non-irrigated arable lands. The MRP envisages the following outcomes:  Provision of guaranteed irrigation water volumes with low cost,  Energy savings (about 1.5mln. kwt/h) as a result of stopping the use of deep wells and reduction in maintenance expenses through conversion of irrigation from mechanical to gravity,  Regulation of Selav Mastara River flow and avoiding adverse consequences of floods, Extension of irrigated areas and improved agricultural production. 1.3. Project Description Due to water shortage construction of reservoirs is the only means for water collection In Armenia. The objective of this project is to design and build Mastara reservoir in Armavir Marz, in the valley of Selav Mastara, in the riverbed, 4km north to Armavir canal, on the territory of Dalarik and Lernagog communities. The reservoir construction will make it possible to provide gravity irrigation water to communities located downstream, from 27km of Armavir canal, stopping the operation of deep wells; and to decrease water intake from Ararat valley underground basin by 3.3mln m3 annually. Availability of guaranteed low-cost irrigation water volumes is essential for strengthening and development of agriculture. It will ensure increase in agricultural production and incomes of rural population. The reservoir will be fed by 2 sources – mud flows of Selav Mastara and Akhuryan rivers. Selav Mastara River originates from mountain Aragats, at the height of 3,000m and the flow of the river forms from melted snow waters and rainfalls in its water basin (the flow is about 5.3mln m3). Spring mud flows of Akhuryan River are not used for irrigation either so they can be conveyed to Mastara reservoir though Talin irrigation scheme tunnel (free flow is about 42/41mln m3). 7 Image 1. Map of Project Area 8 1.4. Objective of the Preliminary Resettlement Action Plan (RAP) The objective of this preliminary Resettlement Action Plan (RAP) is to avoid, minimize and mitigate the loss of private lands and assets due to the implementation of the Mastara Reservoir Project (MRP) in line with the regulatory requirements of the Republic of Armenia as well as World Bank Safeguards Policies and Procedures, notably the World Bank’s Operational Policy on Involuntary Resettlement (OP 4.12). A RAP describes the applicable legal and administrative framework, analysis of gaps with the Bank OP 4.12 and gap filling measures, preliminary scope and scale of potential land acquisition and resettlement impacts, eligibility criteria, entitlements for compensation and rehabilitation measures, valuation methodology, and implementation arrangements for conducting land acquisition and resettlement in a manner consistent with OP 4.12 and the RA legislation including framework for monitoring and evaluation as well as Grievance Redress Mechanisms 1 . This preliminary RAP will be further elaborated based on the census to be conducted and the detailed inventory of loss to be developed once the Detailed Designs are developed. 1.5. Scope and Status of Preliminary Resettlement Action Plan This draft Preliminary RAP is based on preliminary estimates of the LAR impacts derived from analysis of 2 preliminary design options (FSL at 950m and FSL at 951.5m) of the feasibility survey, available cadastral maps, detailed area surveys and verifications received from Local Governments. Detailed measurements of affected lands were not conducted at this stage, but will be carried out during the detailed design phase based on the final design. The preliminary valuation of affected lands was conducted based on the Reference Book “The RA Real Estate Market in February, 2018”rates published by the State Committee of Real Estate Cadaster (SCREC) of the GoA. Final valuation of the affected land plots and other property (including structures, trees, crops, etc.) and other impacts on affected persons will be carried out in the detailed design phase by an independent valuator based on the assessment of replacement cost compensation rates for various types of lost assets in the affected locations. The area is deprived of vegetation except the narrow stripes on the banks of the river. During the meetings in the communities the Consultant clarified if the area is used by the shepherds as pastures for cattle. It was revealed that the area is hardly used as a pasture for cattle by Dalarik community. While Lernagog community takes the cattle to the river bank for grazing (letters from local authorities are presented in Annex 4). During the meetings in the affected communities the issue of pastures was discussed. The community members think after the construction of the reservoir there will not be any impact on stock breeding community as the reservoir shores covered with grass will be used as pastures. More details are provided in Chapter 6. Once the detailed designs is ready and the scope and scale of impact become known, a census of affected people will be carried out, and a socio-economic profile of affected people will be prepared based on the socio-economic survey of representative sample of households that are residents of the affected communities. An impact survey will be conducted and an Inventory of Loss will be developed based on the result. The LAR impact assessment, valuation of lost assets and socio-economic analysis will be presented in the final RAP. 1 RAP final version will be finalized at detailed design stage. 9 II. IMPACT ASSESSMENT 2.1. Preliminary Assessment of Land Acquisition and Resettlement Impacts Currently, in the feasibility study phase, the preliminary design was prepared, according to which Mastara Reservoir will be constructed in the administrative area of Dalarik and Lernagog communities. The preliminary cadastral maps were received from the RA Government State Committee of Real Estate Cadaster (SCREC). The Cadaster data on the land plots in the administrative area of Dalarik community fully comply with the data available in Dalarik municipality. The Cadaster data on the land plots in the administrative area of Lernagog community are not completely consistent with the cadastral data2 (letters obtained from local authorities are presented in Annex 5). In particular there is an inconsistency for one land plot. According to the municipality data no ownership right is registered for that particular land plot. The data about the land plots presented below were verified with the affected communities’ leaders during meetings. Such inconsistencies in cadastral data will be clarified and those who co-own the land plot without registration will be assisted to register and legalize their ownership rights. The available data were supplemented with details collected during the field work (e.g. structures, total number of trees, etc.). It is noteworthy that, since detailed design has not been prepared yet, this preliminary assessment of the scope and scale of project impact is subject to change as a result of the detailed design. The outline of reservoir basin suggested by the preliminary design has been overlaid on the cadastral maps, in order to identify in advance the number of affected lands and their borders/area, and to present general information for this Preliminary draft RAP. During the detailed design phase, the information on affected households’ number, composition and vulnerability will be collected from local self-governing bodies as well as in consultation with representatives of the PAPs, based on the list of the owners of affected land plots provided by SCREC. Information on crops, trees as well as other improvements and impacts will be collected during detailed measurement and census surveys. RAP finalization will involve the following steps: (i) measurement of the plots under acquisition, demarcation of the land part that will be acquired and verification in cadastral maps in the presence of land owners or community authorities by a team of skilled land surveyors; (ii) description of land plots and crops/trees, by a team of agronomists and specialized valuators of agricultural property 3 ; (iii) description of structures/buildings by real estate valuation specialists4; (iv) valuation of other affected property and calculation of relevant rehabilitation allowances in accordance with the entitlement matrix; (v) Census and SES with a representative sample of the affected households by a team of trained field workers. Additionally, all necessary documents will be collected to complete the profiles of the PAPs. 2.2. Land Impacts Background In the result of observation of the overall affected area it became clear, that all the lands envisaged for Mastara reservoir are free from constructions, trees and crops. Therefore, in this preliminary RAP, only potential land impacts have been considered. The derivation pipeline, apart from one private land where water intake structure is envisaged and the acquisition of which is considered in this preliminary RAP, will pass through community lands. It is assumed based on the preliminary deisng and field survey conducted for the present RAP, that no land acquisition is required for the underground pipeline and the community permission for temporal land use will be acquired during the final design stage. Based on the preliminary land acquisition and resettlement (LAR) assessment, it is estimated, that the Project will permanently acquire 36 land plots covering 68.630 ha of land according to FSL at 950m of which 2.465 ha of state lands 2 In some cases the cadastral maps do not comply with those of the local authorities due to not registering the lands privatized during the land privatization period or at later period. 3 The study results at this stage showed the affected lands are non-cultivated and deserted 4 The study results at this stage showed there are no structures/buildings on the affected lands 10 (1.255 ha in Lernagog and 1.210 ha in Dalarik), 12.881 ha of community lands (2.618 ha in Lernagog and 10.263 ha in Dalarik), and 55.284 ha of private lands (43.096 ha in Lernagog and 10.188 ha in Dalarik). According to FSL at 951.5m design option it is estimated that the Project will permanently acquire 75.303 ha of land of which 2.806 ha of state property (1.029 ha in Lernagog and 1.777 ha in Dalarik), 14.629 ha of community lands (1.280 ha in Lernagog and 13.349 ha in Dalarik), 57.868 ha of private lands (46.544 ha in Lernagog and 11.324 ha in Dalarik).5 The lands for safety zones will not be acquired but servitude contracts will be signed with the land owners for right-of-way (ROW) to approach to the reservoir. The detailed design will specify where exactly and what kind of servitude or ROW will be required based on which the final RAP will describe the land use restrictions. The expected scope of impact under servitude agreement is not included in this preliminary impact assessment but it will be assessed when the detailed designs are prepared and the approximate number of people who may be affected under servitude agreements become clearer. The estimated number of AHHs in two communities is 12 presented in the Table 1 below. The field observations and studies showed that there are no residents, no houses and/or structures, no trees and crops in the area of the reservoir. So the PAPs and AHHs will be affected only by land loss without any non-land economic displacement. In administrative territory of Dalarik there are 17 land plots that will be affected from which 3 land plots with state ownership (2 lands of transport and 1 land of water category), 8 community land plots and 6 private land plots belonging to different AHHs. In administrative territory of Lernagog there are 19 affected land plots, from which 1 land plot with state ownership (water category), 1 community land and 17 private land plots. 10 land plots belong to 4 AHHs, 6 lands belong to a real estate agency “Real Estate Development Company” CJSC and 1 land plot with the need of legalization. Lernagog municipality data do not correspond with the cadastral data in regard with this land plot. No ownership right is registered for that particular land plot in the municipality. In the process of the final RAP development the issue of this land plot will be clarified and the co-owners of the land plot (according to Cadaster data) will be explained the necessity of legalizing their ownership rights. This draft preliminary RAP is based on preliminary estimates of the LAR impacts derived from an analysis of the available cadastral maps and the reservoir footprint, discussions with local authorities, community members and some representatives of AHHs. No measurements were conducted at this stage. Based on the discussions and observations the Consultant concluded that currently the affected area of the reservoir as well as the neighboring area is deserted, the lands belonging to different owners and having different categories (agricultural, arable land, pastures, agro-industrial lands, etc.) are not separated by fences or any other way. In Lernagog the total size of community owned pasture lands is 581.8ha of which only 1.272ha (0.22%) will be acquired by the project and the total size of private pasture lands is 1008.2ha of which 36.096ha will be acquired (3.57%). The affected owners of the pastures do not live in Lernagog (2 AHHs reside and the Real Estate Agency is located in Yerevan, the capital of Armenia) and they do not use the pastures for stock or any other purpose. No right-of-way is given to anybody for cattle breeding. So the cattle can be taken to the river bank by anybody without any restriction. The same practice will be carried out after the reservoir construction – either other sections of the river or the reservoir shores will be used for cattle breeding. However, the final RAP will review the LAR and social impacts of acquiring the pastures on the private land owners and the community during the detailed design phase. Details on final LAR impacts, valuation of affected property, and socio-economic profile of the population of the affected area will be collected during the detailed design phase. The LAR impact assessment, valuation of lost assets and socio-economic analysis will be presented in the final RAP. Type of Land Losses According to the maps provided by SCREC and data received from local authorities (LA) the following legal categories of land could be affected as a result of the Project implementation: (i) privately-owned land plots; (ii) community lands; and (iii) Government lands. Analysis of available cadastral data and maps show that out of 36 affected land plots 4 are state property, 9 are 5 This data present land acquisition volumes required for the construction of the reservoir, new road and the diversion pipeline. 11 community property and 23 are private property. Table 3a presents (FSL 950m) and Table 3b (FSL 951.5) affected lands as per their type and status based on the available data. Table 3a. Mastara Reservoir (FSL at 950m) Lands as per Purpose of Use and Ownership Water Comm Category of land/ Reservoir, Spillw New road, Total, Status Function of land Dam, ha shed, unity purpose ha ay, ha ha ha ha Energy, transport, communication, Transport State ownership communal infrastructures 0.285 0.285 Water River 0.970 0.970 Total 0.970 0.000 0.000 0.000 0.285 1.255 Community Pasture 1.213 0.059 1.272 Agricultural ownership Other agricultural 1.346 1.346 Total 1.213 0.059 0.000 0.000 1.346 2.618 Lernagog Arable land 0.191 0.340 0.075 0.606 Agricultural Pasture 34.796 0.446 0.827 36.069 Other agricultural 0.709 0.284 0.993 Ownership right (Private lands) Industrial, mining and Agro-industrial other industrial 4.585 0.843 5.428 Total 40.281 1.629 0.827 0.075 0.284 43.096 TOTAL 42.464 1.688 0.827 0.075 1.915 46.97 Energy, transport, communication, Transport State ownership communal infrastructures 0.405 0.015 0.420 Water River 0.774 0.016 0.790 Total 1.179 0.030 0.000 0.000 0.000 1.210 Pasture Community Agricultural ownership Other agricultural 9.681 0.582 10.263 Dalarik Total 9.681 0.582 0.000 0.000 0.000 10.263 Arable land Agricultural Pasture Other agricultural 9.771 0.417 Ownership right (Private lands) Industrial, mining and Agro-industrial other industrial 10.188 Total 9.771 0.417 0.000 0.000 0.000 10.188 TOTAL 20.631 1.029 0.000 0.000 0.000 21.66 TOTAL 63.095 2.717 0.827 0.075 1.915 68.630 12 Table 3b. Mastara Reservoir (FSL at 951.5m) Lands as per Purpose of Use and Ownership Communi Category of land/ Reserv Spillway, Water New road, Status Function of land Dam, ha Total, ha ty purpose oir, ha ha shed, ha ha Energy, transport, State communication, Transport ownership communal infrastructures 0.000 Water River 1.007 0.022 1.029 Total 1.007 0.022 0.000 0.000 0.000 1.029 Community Pasture 1.214 0.066 1.280 Agricultural ownership Other agricultural 1 0.000 Total 1.214 0.066 0.000 0.000 0.000 1.280 Lernagog Arable land 1.014 0.400 0.071 1.485 Agricultural Pasture 38.028 0.545 0.830 39.402 Other agricultural = 0.000 Ownership right (Private lands) Industrial, mining and Agro-industrial other industrial 4.715 0.942 0.000 5.657 Total 43.757 1.887 0.830 0.071 0.000 46.544 Total 45.978 1.975 0.830 0.071 0.000 48.853 Energy, transport, State communication, Transport ownership communal infrastructures 0.642 0.017 0.285 0.659 Water River 0.816 0.018 0.834 Total 1.457 0.035 0.000 0.000 0.285 1.777 Community Pasture 0.000 Agricultural ownership Other agricultural 11.459 0.543 1.346 12.002 Dalarik Total 11.459 0.543 0.000 0.000 1.346 13.349 Arable land 0.000 Agricultural Pasture 0.000 Other agricultural 10.372 0.669 0.284 11.324 Ownership right (Private lands) Industrial, mining and Agro-industrial other industrial 0.000 Total 10.372 0.669 0.000 0.000 0.284 11.324 13 TOTAL 23.288 1.247 0.000 0.000 1.915 26.450 69.266 3.222 0.830 0.071 1.915 75.303 Image 2 presents Mastara Reservoir map as per used land plots ownership status, based on the cadastral data. Image 2.1 (FSL 950m) and image 2.2 (FSL 951.5m) show the lands envisaged for Mastara reservoir and the new road construction. Image 3 shows the diversion pipeline from the reservoir to Armavir main canal on the map of land plots. The map shows that the diversion canal mainly passes through state and community lands except for one private land next to the dam. The land acquisition required for the pipeline is included in the total estimate. During the final RAP development a detailed study of the land will be conducted and the compensation for the loss of available assets will be evaluated. At the downstream section the pipeline will pass along the community road between the private lands. 14 Image 2.1. Mastara Reservoir land plots as per ownership Image 2.2. Mastara Reservoir land plots as per ownership status (FSL 950m) status (FSL 951.5m) Image 3. Diversion pipeline from Mastara reservoir to Armavir main canal 15 2.3. Other Impacts Building and Structures on the Affected Lands Based on the cadastral maps, preliminary data received from Local Governments and detailed survey of the area, it is obvious that there are no buildings and constructions on the affected lands at this stage, including on lands where pipeline and access roads are to be built. PAPs Involuntary Displacement/Physical Resettlement Under the Mastara Reservoir Project existing draft design no involuntary displacement or physical resettlement is expected – there are no residents in the area suggested for the reservoir basin, including on lands where pipeline and access roads are to be built. Impacts on Crops and Trees Based on the preliminary information from Local Governments and thorough observation of the area, it is obvious that the affected lands are uncultivated on the moment of report preparation and there are no trees and crops on the lands at this stage, including on lands where pipeline and access roads are to be built. Impacts on Business and Employment Based on the preliminary data received from Local Governments and thorough observation of the area, it is evident that there are no persons involved in business or any other activity on the affected lands, including on lands where pipeline and access roads are to be built. Depending on the final LAR impacts the number of businesses permanently or temporarily affected by the project will be determined, if any. In addition, the impacts on employees who are expected to lose their employment either permanently or temporarily will be defined. The number of affected businesses and employees and type of the impact will be determined during phase 2 of works while preparing the final RAP. Severely Affected Some of the AHHs might be identified as severely affected, in case they are to lose more than 10% of their productive asset (e.g. agricultural land, etc.) or requiring relocation. Taking into account the preliminary data available for 36 land plots, according to FSL 950m design in the administrative area of Lernagog community 16 out of 19 land plots and in the administrative area of Dalarik community 13 out of 17 land plots (about 80.5% of total land plots) will be affected by more than 10%. In the meantime it should be noted that these land plots include also those owned by the state and community, thus the number of severely affected households will be 18, which is 50% of the total land plots. According to FSL 951.5m design in the administrative area of Lernagog community 17 out of 19 land plots and in the administrative area of Dalarik community 14 out of 17 land plots (about 86.1% of total land plots) will be affected by more than 10%. In the meantime it should be noted that these land plots includes also those owned by the state and community, thus the number of severely affected households will be 18, which is 50% of the total land plots. Based on the final LAR impacts supplemented by field investigation the final list of the severely affected households will be identified and appropriate allowance calculated. Vulnerable AHHs During the discussions with the local authorities and verifications of the maps, as well as discussions with some of the PAPs, the social profile and status of the potentially affected AHHs was revealed. Based on available information it seems, that there are no vulnerable AHHs: no women headed, pensioner headed AHHs, or any AHHs with disabled person, no AHHs is registered in the Family Benefit System6. This information will be updated during the census on the stage of detailed design preparation. 6 The main state social allowance program in Armenia operating since 1999. 16 III. Characteristics of Project Affected People The Consultant studied the data available in the local municipalities on AHHs and talked to representatives of the affected households living in the affected (6 AHHs) communities. 3 of the studied households consist of 4 persons, 1 household of 5 persons and 2 households of 6 persons. Except for 1 household in Dalarik whose income source is farming (not in the affected area), the household income of the other 5 AHHs is formed from salary and pension. The studied families are not vulnerable. None of them uses the lands in the affected area for any purpose. The reason for not cultivating the land is absence of fertile layer of soil. During the talks they expressed their interest in alienation of their land plots in the reservoir area as they do no use those lands for any purpose. In the meantime to supplement missing information at this stage, the data on socio-economic profiles of the affected communities was collected and the available information is presented below for each of 2 communities7. Dalarik Community population is 4,412, number of households (HH) is 977, including 114 recipients of family benefits, 10 representatives of national minorities, and about 100 women headed HHs. During the recent 3 years, nobody migrated from Dalarik for the permanent residence, but about 20 persons each year leave for foreign countries for seasonal works. The total area of Dalarik community lands is approximately 3,500 ha, of which 1,500 ha are arable irrigated lands. In 2016, about 47% (700 ha) of total arable lands were cultivated. The main reason for non-cultivating is lack of irrigation water. About 80% of Dalarik community households is involved in agriculture, cultivating their own lands, mainly 700 m2 area of homestead land plots (the average size of a land plot in Dalarik community is about 1.2 ha). The main occupation of the population is land cultivation and livestock farming. Of educational institutions in the community there are a school, kindergarten, music school and library, and of cultural institutions, there is a culture house. There are no sport and industrial institutions. There is a medical ambulatory in Dalarik community. There is also the newly constructed Church. Lernagog Community population is 2,380, number of households (HHs) is 614, including 103 recipients of family benefits, 2 national minorities and about 60 women headed households. During the recent 3 years, about 20 HHs migrated from Lernagog for the permanent residence, and about 50 persons each year leave for foreign countries for seasonal works. The total area of Lernagog community lands is approximately 2,280 ha, of which 1,100 ha are arable lands. In 2016, only about 4% of total irrigated lands, which were only homestead land plots (40 ha), were cultivated. The main reason for non-cultivating is the poor condition of irrigation network – the secondary and tertiary networks, need major repair. About 59% of Lernagog community households is involved in agriculture, cultivating a part of homestead land plots, i.e. about 150 m2 (the average size of a land plot in Lernagog community is about 0.6 ha). The main occupation of the population is agriculture, livestock farming and poultry. In the community there are a school, kindergarten, music school, library, health post, post office branch and a cemetery. There are no sport institutions and a Church in the community. There is a bread factory operating in the community. 7Data on the communities are derived from statistical sources, web pages of the Ministry of Territorial Administration and Development and Armavir Marz Office (http://armavir.mtad.am/about-communities), as well as interviews and discussions with the Community Mayors. 17 IV. LEGAL AND POLICY BACKGROUND RA Legislation on Land Acquisition and Resettlement In the RA the legal framework for land takings and resettlement issues mainly consist of the following legal acts: 1) The Constitution of the Republic of Armenia (adopted in 1995, amended in 2005, Constitutional Amendments 2015, published in Official Bulletin No 67 *1156) on 09.10.2015); 2) The Civil Code of the Republic of Armenia (adopted on 05.05.1998, entered into force from 01.01.1999, published in Official Bulletin No 1998/17 on 10.08.1998), 3) The Law # 185-N on Alienation of Property for the Needs of Society and State (adopted on 27.11.2006, entered into force from 30.12.2006, published in Official Bulletin No 2006/64 on 20.12.2006); amended law #121-N (adopted on 19.05.2009, entered into force from 27.05.2009, amended law #105-N, adopted on 21.06.2014, entered into force from 19.07.2014) 4) The Land Code of the Republic of Armenia (adopted on 02.05.2001, entered into force from 15.06.2001, published in Official Bulletin No 2001/17 on 15.06.2001); 5) The Law on Real Estate Valuation Activity (adopted on 04.10.2005, entered into force from 26.11.2005, published in Official Bulletin No 2005/71 on 16.11.2005); 6) The RA Law on State Registration of Rights on Real Estate (adopted on 17.06.1998, entered into force on 01.01.1999, published in Official Bulletin No 1998/20 on 09.09.1998), 7) The Code of Civil Procedure (adopted on 17.06.1998, entered into force from 01.01.1999, published in Official Bulletin No 1998/20 on 09.09.1998); 8) The Code of Administrative Procedure (adopted on 28.11.2007, entered into force from 01.01.2008, published in Official Bulletin No 2007/64 on 19.12.2007). The Constitution Article 8 of the Constitution of the RA (hereinafter referred to as the Constitution) generally acknowledges that the right to property (ownership right) is recognized and protected in the RA. Article 31 of the Constitution states that the property can be alienated for social and state needs only in case of exceptional priority public interest, in accordance with the procedure set by the law and on the basis of appropriate compensation. In this context special attention shall be paid to Article 1 of Protocol 1 of the European Convention of Human Rights, stating that “Ev ery physical or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided by law and by general principles of international law”. The Civil and Land Codes Though the process of land/property takings are mainly governed by the law mentioned above there is a separate group of issues that may arise during the implementation of the project related to the right of limited use of the other’s property. These issues are addressed in the Civil and Land Codes of the Republic of Armenia. The RA Land Code (2001, May) classifies land of the Republic of Armenia into the following 9 categories: (1) Agricultural; (2) Settlements/Residential; (3) Industrial, Mining and Production; (4) Power, Transport, Communication, Utility Infrastructure Facilities; (5) Protected Land for Special Purposes; (6) Special Significance; (7) Forested; (8) Water; and (9) State Reserve Lands. The affected lands fall into the following three groups as per their ownership status:  Lands with private ownership: these are lands belonging to individuals or entities, with the ownership rights to them being registered in the RA Government State Committee of Real Estate Cadaster.  Community lands: these are lands belonging to the community and managed by the Local Authorities. Community lands may be unused, used for common purposes, such as pastures for community members, rented to a person or entity, used illegally (unregistered) by households/entities. 18  State lands: these are lands, belonging to the RA Government. State lands may be unused, used for main roads, state objects, military and other purposes. Some state lands may be rented or be illegally (unregistered) used by households/entities. Article 210 of the Civil Code (as well as Article 50 of the Land Code) states that the owners/users of a land plot can demand from the owner of the land plot neighboring with theirs and/or from the owners of other land plots to grant the right of limited use of their land plots (servitude). A servitude may be established to provide for walking and riding through the neighboring land parcel, installation and exploitation of lines of electric transmission, communication and pipelines, provision of water supply and melioration. The servitude can be voluntary or compulsory, if the agreement on servitude is not reached between the parties. Article 212 (3) of the Civil Code stipulates that for preservation and maintenance of pipelines, engineering infrastructures established to serve the public needs, a compulsory permanent free of charge servitude shall be established. Articles 102 and 104 of RA Land Code and Article 218 of RA Civil Code prescribe property acquisition for public and State interests, in exceptional cases of paramount public interest based on law and with prior equivalent compensation. There was adopted RA Law on Alienation of Property for Public and State Purposes (hereinafter “the Law”) following the requirements of RA Constitution and the above mentioned legal norms, which is considered to be the major law regulating land acquisition and compensation procedures. The Law prescribes the legal grounds, requirements on property acquisition for public and state interests, regulations for compensation for land acquisition, and determination of the exclusive cases of prevailing public interest and its consideration with regards. The first paragraph of Article 3 of the Law prescribes that the Constitutional basis for acquisition of property for public and state purposes is the exclusive prevailing public interest, and the application of its Constitutional requirements are as follows: a) land acquisition as prescribed by law and b) prior equivalent compensation for the acquired land. Paragraph 1 of Article 4 of the above mentioned Law constitutes the principles of determination of exclusive cases of prevailing public interest for the acquisition of property for the public and state purposes, and Paragraph 2 of the same Article constitutes the possible purposes followed by exclusive prevailing public interest. The Law define the fundamental principle according to which a) public benefit must outweigh the expropriated property owner's loss, b) an efficient application of the public interest would not be ensured unless that property is acquired) the acquisition of the property must not unjustifiably harm the property owner, d) the public interest must be declared as prevailing by a Government decree) there may be filed a lawsuit on the exclusive public interest matters. The Law also regulates requirements on acquisition of property, compensation and rules on decision-making with regards to property alienation. In particular, Article 5 of the Law defines that in case of alienation of the land relevant real estate (buildings, building structures and other attached property, etc.) located on the land as well as all existing improvements on the land are also subject to alienation. In case of acquisition of the building or construction, the relevant servicing lands shall be subject to alienation as well. The Law on Alienation of Property for the Needs of the Society and the State The most important legal act dealing with the issues of land/property takings and resettlement issues is the Law on Alienation of Property for the Needs of Society and State (the Law). The Law stipulates the cases when the alienation of the property needs to be executed and the procedure how the alienation should be conducted. Article 3 of the Law stipulates the exceptional public interest as the constitutional basis for the alienation and sets the following requirements for execution of the alienation in question: (i) alienation in accordance with the procedure set by the law, and (ii) prior payment of appropriate compensation against the property to be alienated. Article 4 of the Law sets the principals/conditions in accordance to which the exceptional priority public interest should be determined. Thus, the Law stipulates that (i) the public interest must be superior over the interests of the owner of the property, (ii) the effective implementation of the public interest cannot be achieved without the alienation of the property, (iii) the alienation of the property must not do unjustified harm to the owner of the property, (iv) the public interest must be acknowledged as superior through the Government decision, (v) the fact of existence of the exceptional public interest may be argued through litigation in the court . 19 The same article states that exceptional public interest shall serve the following purposes: (a) protection of public and state security, (b) implementation of the obligations assumed by the Republic of Armenia under international treaties, (c) preservation of historical and cultural values or monuments of international and national importance, and creation and preservation of special protected nature areas, (d) protection of the environment, (e) development of education, healthcare, sport as well as science and culture, (f) implementation of projects of community and intercommunity importance in the fields of communication, transport, energy, land use, city construction, energy and water supply, (g) protection of the property, health and private life of citizens, (h) prevention and/or mitigation/reduction of the possible effects of emergencies. The Law also regulates the issues related to the determination of the scope of the property under alienation. In particular, Article 5 of the Law stipulates that, in case of alienation of a land parcel, all the items of real estate (buildings and other property) as well as all the improvements on the land parcel are also subject to alienation. In case of alienation of a building, the land plot necessary for the usage of the property is also subject to alienation. If a part of a property is alienated, then the non-alienated part(s) of the property should also be alienated at the demand of the owner. Such a demand should be presented within two months after the decision of the Government on acknowledgement of the exceptional public interest enters into force. Furthermore, the RA Law 105-N on “Making amendments in the Law on Alienation of property for the needs of the society and the state” defines the cases when the owner of the alienated property has the right to demand alienation of the part of the property that is not alienated; in cases when non-alienated part of the property loses economic or functional importance compared with the condition before alienation, regardless of alienated and non-alienated proportions of the property; when non-alienated part of the property is insignificant compared with the alienated part. If the owner, in compliance with the procedure defined by the Article 5 of the law, claims for alienation of non- alienated part of the property and the acquirer refuses to alienate the non-alienated part of the property, the owner has the right to appeal to the court with the claim to oblige the acquirer to alienate the non-alienated part of the property within a month after getting rejection from the acquirer or expiration of the deadline defined by Part 1 of this Article. The Law furthermore stipulates that the state, a community and/or an organization can act as the acquirers of the property being alienated for public and state needs. Article 7 of the Law states that the restrictions arising from the resolution of the Government on acknowledging the exceptional superior public interest shall be registered in accordance with the procedure set by the law within 15 days upon entering into force of the resolution of the Government. The resolution is sent to the owners of the property and other persons having registered property rights in that property within 7 days after the subject Government resolution enters into force. The Government resolution shall be published in the Official Bulletin of the Republic of Armenia and in mass media being published in not less than 3000 copies and can be appealed in the court within one month from the day it enters into force. The same article also stipulates that, after the Government resolution enters into force, the protocol (census) on the description of the property should be prepared by the authorized governmental authority whereas the owner and the persons having property rights over the property subject to alienation are entitled to take part in the preparation. The copy of the census is sent to the owner and to the parties having property rights over the property within 3 days after it is completed. The census can be challenged / appealed before the government authorized body or the court within 10 days after they receive the copy. The Law recognizes also the option to conduct preliminary study of the property subject to alienation (which includes also the preparation of census) before the adoption by the Government of the resolution mentioned above at the request of the potential acquirer. The preliminary study is conducted based on the resolution of the Government. Article 10 of the Law states that the acquirer/purchaser of the property shall, before the final date of starting the alienation of property for public and state needs set by the Government, send to the owners and other persons having 20 property rights over the property the draft of the agreement of alienation of the property. The owners of the property are obliged to inform the acquirer/purchaser within two weeks from the date of receipt of the agreement on the persons having property rights over the property who have not registered their rights or are not subject to registration. If the owner does not inform the acquirer about the mentioned persons then he/she bears the liability for the losses of those persons arising out of the alienation without their participation. Article 11 of the Law stipulates that equal compensation shall be paid to the owner against the property to be alienated whereas the price exceeding the market price by 15 per cent shall be deemed to be equal compensation for the purposes of the Law. The market price of the real property and/or property rights over the property shall be determined in accordance with the procedure set by the Law of the Republic of Armenia on Activity of Real Estate Valuation. In this context, it should be mentioned that the Real Estate Valuation Law (Article 8) states that the valuation of the real estate is mandatory in the cases of alienation of the property for social/public and state needs, whereas the valuation is to be conducted by licensed valuators/appraisers based on the agreement. The results of valuation are reflected in the valuation statement, which shall, inter alia, include (i) the names of real estate valuation subjects, their addresses, (ii) the date when the real estate was visited and valuated, (iii) the reference of application of three classical methods of valuation to valuation standard, (iv) the rights and restrictions over the property valuated, (v) the data about valuated real estate, the source of their authenticity, (vi) the result of on-site examination of the property and the description of the property valuated, (vii) the calculations of market prices received as a result of application of three classical valuation methods and their reconciliation, (viii) the terms of commercial secrecy of the results of real estate valuation, (ix) the analysis of the most efficient use of the property, if the customer requests so, (x) the list of documents used in the process of valuation, (xi) the liability of the valuator before the customer and third parties, (xii) the full name and signature of valuator and his/her license number. The Law also stipulates that the persons having property rights over the property under alienation are compensated from the amount of the compensation paid against the property being alienated. As per articles 12 of the Law, if no agreement on alienation of the property is signed between the acquirer and the owners/persons having property rights over the property within three months after sending the draft alienation agreement to them, the acquirer must deposit the compensation amount with the notary public or the court, whereas the amount of compensation shall be calculated as of not more than one week prior of the date when the deposit is made. If the amount of deposit is received by the owners and/or persons having property rights before the court’s decision on alienation of the property, the agreement of alienation is deemed to be made. Article 13 of the Law provides that if no agreement on alienation is signed within 7 days after the acquirer deposits the amount of compensation, then, for the alienation of the property, the acquirer must resort to the court within one month. In this case only the issue on the size of the compensation amount can be the matter for discussion. The court’s decision on the amount of compensation shall be the basis for alienation of the property. The law also provides for the grounds when the resolution of the Government on acknowledging the superior public interest will become void. In particular, Article 16 states that if the acquirer does not send the draft alienation agreement to the owner and/or persons having property rights, or does not deposit the amount of compensation with the notary public or court within the time set by the Law, or does not resort to the court within the time period set by the Law then it will be construed as waiver from the right to acquire the property and all the documents on recognizing the superior public interest related to that item of property shall be deemed void. The mentioned resolution may be recognized as void by the court if the acquirer, inter alia, have not started the activity serving as a basis for property alienation for two years from the enactment of the resolution. Another group of issues which are relevant to the resettlement project is the one connected with the procedure of application to the court should PAPs decide to choose the court for settlement of disputes arising out in the process of resettlement. In this respect it should be noted that the Law contains also several provisions setting “limitation of actions” i.e. time periods for being entitled to challenge/appeal some issues before or in the courts. Thus, the Law stipulates that the resolution of the Government on acknowledging the superior public interest can be challenged before the court within one month and the resolution of the Government on conducting preliminary study within two months after their enactment. 21 These resolutions shall be challenged / argued in the Administrative Court of the Republic of Armenia in accordance with the requirements of the Code of Administrative Procedure. As per Article 3 an individual or a legal entity shall be entitled to resort to the Administrative Court, if the actions and/or inactions and administrative acts of state or municipal bodies or their officials have violated or will violate his rights and freedoms guaranteed by the Constitution of the Republic of Armenia, international treaties, laws and other legal acts. In the meantime, it should be noted that the Code does not set a time frame for the proceedings in the Administrative Court. Article 81 states that the court proceedings shall as a rule be completed in one session, without delays. The preparation to court proceedings and the proceeding itself shall be completed within a reasonable period of time. Along with the above-mentioned, the Code of Administrative Procedure provides for simplified/accelerated proceedings in several cases, among which the most applicable in our case are the following: (i) when the presented claim is evidently well-substantiated or (ii) when the presented claim is evidently groundless. The decision of the Administrative Court enters into force from the moment it is publicized. The case is a bit different when the case goes to court in the cases provided by article 13 of the Law (the signing of alienation agreement by resort to court). These cases are heard by the court of General jurisdiction if the amount of compensation in dispute is less than AMD 5mln and by the civil court if it is equal to or exceeds AMD 5mln. The proceedings in court are conducted as per the requirements of the Code of Civil Procedure of the Republic of Armenia. As in the previous case, the Code of Civil Procedure also does not stipulate any strict time limits for case hearings and set that the case should be heard in the court within a reasonable time period (Article 111). Here also the court may use accelerated hearings. Article 125 of the Civil Procedure Code stipulates that the court is entitled to use accelerated hearings if (i) the nature of the case requires immediate hearing; (ii) the claim is evidently substantiated; (iii) the claim is evidently groundless. The decisions of the courts of general jurisdiction and the civil court enter into force after one month and can be appealed to the appeal court for civil cases. In its turn, the appeal court also is not bound by strict time-frames and shall hear the case within reasonable period taking into consideration the time period when the case was heard by the general jurisdiction / civil court. The decision of the appeal court enters into force from the moments it is publicized. 22 V. WORLD BANK POLICY ON INVOLUNTARY RESETTLEMENT Involuntary Resettlement The primary objective of the WB OP 4.12 is to explore all alternatives to avoid, or at least minimize, involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood. People whose livelihood is negatively affected by a project should have their livelihood improved or at minimum restored and/or adequately compensated for any losses incurred. As such, where physical or economic displacement is unavoidable, the WB requires the promoter to develop an acceptable Resettlement Action Plan. The plan should incorporate and follow the right to due process, and to meaningful and culturally appropriate consultation and participation, including that of host communities. Vulnerable Groups All policies, practices, programs and activities developed and implemented by the promoter should pay special attention to the rights of vulnerable groups. Such groups may include indigenous people, ethnic minorities, women, migrants, the very young and the very old. The livelihoods of vulnerable groups are especially sensitive to changes in the socio-economic context and are dependent on access to essential services and participation in decision-making. Consultation, Participation and Public Disclosure Consultation and participation is essential for investment sustainability through increased local ownership and support through informed involvement. Moreover, meaningful dialogue and participation is crucial to promoting and supporting the rights of people affected by a project. This includes the rights to due process via recourse to independent appeal and arbitration procedures in the case of disputes. As such, public consultation is a general requirement of the environmental and social safeguards of the WB, as well as being applied to specific social issues, e.g. involuntary resettlement. 23 VI. COMPARISON OF ARMENIAN LEGISLATION ON LAR AND WB INVOLUNTARY RESETTLEMENT POLICY Table 4. Comparison of the Armenian Legislation on LAR and the WB Involuntary Resettlement Policy WB Involuntary Resettlement Actions to address Legislation of the Republic of Armenia Conclusion on gaps Policy the gaps 1. Eligibility a) Persons having documented a) Persons who have formal legal In general the To address this gap it ownership over the property (land, rights to land (including customary provisions of the is recommended: buildings, etc.) are eligible to receive and traditional rights recognized Armenian legislation 1) WB OP 4.12 is compensation for the land being under the laws of the country) are and WB’s OP are the followed, alienated, damages/ demolition and lost provided compensation for the same, except of crops caused by a project (the Law on land they lose at replacement provision on persons 2) The GoA allows the Property Alienation for Social/Public and value; lacking the formal application of WB OP State Needs), or in the cases their lands legal right over the 4.12 for the MRP. are not alienated but partially used for property. public projects (servitude) (the Civil Code (Articles 210-218), Land Code (Articles 50-and 100)), b) Persons who do not have formal legal b) Persons who do not have formal rights to the assets, but could have such, legal rights to land but have a claim should register their rights according to to such land or assets – provided the law in 15 days after Eminent Domain that such claims are recognized decree enters into force to be eligible for under the laws of the country or compensation (the Law on Property become recognized through a Alienation for Social/Public and State process identified in the Needs (Article 7.4)). resettlement plan – are provided compensation for the land they lose at replacement value; c) Persons having built a construction or c) Persons who have no planted trees in areas belonging to recognizable legal right or claim to others cannot receive compensation for the land they are occupying are loss of assets. provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance as necessary, if they occupy the project area prior to the cut-off date. 2. Entitlements As per Armenian legislation the PAPs are provided resettlement Provisions of the - compensation is paid only to the owners assistance in lieu of compensation Armenian legislation and persons having the property rights for the land they occupy, and other and WB’s OP are the over the assets if the assistance, as necessary, to achieve same. ownership/property rights have been the objectives set out in this policy, 24 acquired before the project cut-off date, if they occupy the project area whereas all the improvements done prior to a cut-off date. after the cut-off date in excess of the scope set by the law and all the encumbrances generated over the property after the cut-off date are not subject to compensation. The adequate compensation should be Compensation levels should be Both Armenian TO address this gap it paid to the owner in case of alienation, sufficient to replace the lost land legislation and WB OP is recommended to whereas the amount of compensation and other assets at full 4.12 provide for follow local legislation exceeding the market value by 15% will replacement cost in local markets. compensation for lost in case of be considered as adequate (The Law on land and assets. compensation to legal Alienation of the Property for owners and National legislation Social/Public and State Needs Article 11) compensation for appears to be more structures beneficial for the legal owner PAPs. No provision for income/livelihood The WB policy requires Armenian legislation To address this gap it rehabilitation measures and/or rehabilitation for does not provide any is recommended: allowances for severely affected PAPs income/livelihood, for severe provision for 1) WB OP 4.12 is and vulnerable groups, and/or losses, and for expenses incurred livelihood restoration followed, resettlement expenses (see above by any and all PAPs during the mentioned RA laws) relocation process 2) The GoA allows the application of WB OP 4.12 for the ISMP. 3. Information Requirements The resolution of the Government on Information related to Requirements of the TO address the gap it acknowledgment of exceptional superior quantification and costing of land, WB OP 4.12 are is recommended: public interest is to be properly structures and other assets, broader than national 1) WB OP 4.12 is communicated to the owners and entitlements, and amounts of legislation applied, including all persons having property rights over the compensation and financial the mechanisms assets within seven days after it enters assistance are to be disclosed in full envisaged by the into force. The owner and the persons to the affected persons. Local legislation having property rights over the property to be alienated are entitled to participate in completing the description of the property to be alienated. The copy of the protocol on description is to be sent to the owner and the persons having property rights over the property. (The Law on Alienation of the Property for Social/Public and State Needs Article 7) Local municipalities are required to acknowledge the communities through mass media and public discussions on expected changes in their living environment (Government Resolution No 660 dated 28 October 1998). 4. Meaningful Consultation 25 There is no specific legislative provision OP 4.12 requires the project to Requirements of the To address this gap it in the “The Law on Alienation of the conduct meaningful consultation Armenian legislation is recommended: Property for Social/Public and State with PAPs along all the project and the WB OP 4.12 1) WB OP 4.12 is Needs” to ensure meaningful cycle are different. followed, consultation with affected people and communities. Local authorities are 2) The GoA allows the obliged to acknowledge the communities application of WB OP through mass media and public 4.12 for the MRP. discussions on expected changes in their living environment (Government Resolution No 660 dated 28 October 1998 In principle, Armenian laws and regulations relevant to land acquisition and resettlement and WB OP 4.12 adhere to the objective of compensation for affected families or persons, WB OP 4.12 also to the objective of rehabilitation. The principal differences between RA Legislation and WB Policy on land acquisition and resettlement are as follows: Armenian laws are unclear on how rehabilitation is to be achieved. Another significant difference between the RA laws and the WB policies is that WB OP 4.12 recognizes titled and non-titled owners/users as well as registered and unregistered tenants, i.e. lack of legal title is no bar to compensation and rehabilitation. Bridging the gaps between the Armenian laws and regulations and WB OP 4.12, this RAP envisions compensation to both titled and non-titled land users for all affected assets, as well as rehabilitation assistance to eligible non registered users of the assets. In addition, RPF envisions that RAPs should include appropriate rehabilitation packages for PAPs that may be vulnerable and/or need to be relocated, and/or may suffer business losses, and/or may be severely affected. Furthermore, while public disclosure and consultation are not well articulated in the RA laws, the project will ensure due inclusion of (potential) PAPs and their advocates or representatives (e.g. civil society organizations), in particular, of vulnerable groups affected by the project, in the public consultation and participation process prior to and during project implementation. In addition, an accessible grievance redress mechanism will be instituted and physical project implementation works will not commence until all compensation and rehabilitation measures of a project or sub component are completed. 26 VII. LAND ACQUISITION AND RESETTLEMENT PRINCIPLES AND ENTITLEMENTS ADOPTED FOR THE PROJECT The following principles will govern the land acquisition and resettlement under the project: i. Land acquisition, and other involuntary resettlement impacts will be avoided or minimized by exploring all viable alternative project designs; ii. When detailed design becomes available, this preliminary RAP will be updated to include the exact scale and scope of impact, applicable entitlements and estimated costs, and consulted with and made available to affected people and other stakeholders for comments; iii. No civil works that cause loss of private land and non-land private assets will commence prior to the finalization and implementation of the final RAP. iv. Consultation with PAPs on compensation, disclosure of resettlement information to PAPs, and participation of PAPs in planning/implementing sub-projects, such as providing their views on design alternatives and participating in monitoring activities, will be ensured; v. Vulnerable and severely affected PAPs will be provided special assistance; vi. Non-titled PAPs (e.g., informal dwellers or squatters, PAPs without registration details) will receive a livelihood allowance in lieu of land compensation and will be fully compensated for the other losses other than land as defined by the Entitlement matrix of LAR; vii. Legalizable PAPs will be legalized and fully compensated for land losses; viii. Provisions will be made for income restoration and rehabilitation; ix. The RAP will be disclosed to the PAPs in Armenian; x. Payment of compensation, resettlement assistance and rehabilitation measures will be fully provided to the PAPs prior to initiation of Physical Civil Works and actual taking of the land. xi. Appropriate redress mechanisms to solve PAPs grievances will be established. 27 VIII. COMPENSATION ELIGIBILITY AND ENTITLEMENTS 8.1 Eligibility PAPs entitled to compensation and/or rehabilitation under the Project are: i) Land owners, legalizable owners, APs having property rights including the leaseholders, all APs deprived of the right to use the land or deprived of the opportunity to use it or those who de facto possess and use the land regardless of the rights registered on the land; ii) APs owning buildings/structures, possessing property right including lessees, the constructors, de facto possessors and users of buildings/structures, constructors of illegal buildings/structures; iii) The owners, PAPs having property rights of trees, yield, cultured plants or other property and improvements including, leaseholders and de facto possessors and users. No compensation is given for additional improvements made after the date of signing of the acquisition property description protocols, which is the cut-off date except the cases provided the by the Law and final RAP which will be defined based on the final social impact assessment. PAPs who inhabited affected areas or make any improvements there, after the Cut-off date will not be eligible for compensation and additional allowances. However they shall be given prior notice with request to vacate premises and demolish affected buildings/structures prior to project implementation. The materials of demolished buildings will not be confiscated and they will not pay any fine and no sanctions will be applied towards them Any encumbrance or rights toward the property to be acquired, given or obtained by third parties, compensation shall be given only in cases provided by the entitlement matrix, subject to the formalization and rights registration (legalization) of legalizable APs. In all other cases the mentioned rights are terminated without right to compensation. Besides the compensation for the acquired property, the eligibility for compensation and additional allowance for other impacts provided by the final RAP it will also be limited by the deadline which is the date when description protocol is signed, the data of implemented census and detailed measurement survey are also recorded (hereafter: Cut-off date) . 8.2. Cut-Off Date Compensation eligibility is limited by a cut-off date that will be defined jointly with the Client as soon as the finalization of the inventory of lost assets, detailed measurement survey, census and socio-economic survey commences during the phase 2 of the works and will be disclosed to affected communities. All improvements on affected lands implemented after the setup of the cut-off date, will not be subject for compensation. 8.3. Compensation Entitlements Entitlements for APs losing land, houses, and income and rehabilitation subsidies will include provisions for permanent or temporary land losses, buildings/structures’ losses, yield/ crops and trees losses, a relocation subsidy, and a compensation for loss in revenues due to the stoppage of business (entrepreneurship) based on tax declarations or lump sums. Such entitlements are provided under this preliminary RAP as a precautionary purpose – the assessment based on site observation and documentation review as well as interview with local leaders indicate that no physical displacement or economic displacement other than loss of lands that are currently not used for productive purposes is expected for this Mastara Reservoir Project. These entitlements are as follows: Land Loss a) The land impact will be compensated at either: (i) in cash at replacement cost assessed at market or cadastral values (whichever is highest) plus a 15%, or (ii) through replacement land equal in value/productivity to the plot lost acceptable to the AP, in case of existence of equal land and in agreement of LA. Non-directly affected sections of a plot, which become inaccessible or unviable for cultivation or use for the same purpose after the impact will be included in the affected land. When more than 10% of a PAP’s agricultural plot is affected, PAP (owners, 28 leaseholder and land users) will get an additional allowance for severe impacts equal to the market cost of a year’s gross yield of the land lost. b) PAPs whose rights toward the affected land are eligible for formalization and state registration (hereinafter: legalization) will be formalized and after that their losses must be compensated as owners. PAPs who cannot be legalized or who use the affected land without the formal legal rights (unregistered user/informal tenant) will be compensated only for the improvements existing on the land. c) Leaseholders on the community or state land for more than 10 years will be legalized in cases provided by legislation and compensated as full owners, or will be given a new lease subject to availability of the land and consent of the owner (lessor). If neither of the options is possible they will be compensated in cash at market or cadastral cost (whichever the higher) of the affected land plus a 15% allowance in proportion to the remaining years of lease as follows: a) < 1 year - 5% of land compensation cost; 2) < 15 years - 14% of land compensation cost; 3) < 25 years - 20% of land compensation cost; 4) 25 years and more- 25% of land compensation cost. d) Leaseholders on lands of natural persons and legal entities’ will be given cash compensation for the unused lease already paid and for the indivisible improvements made with the consent of the Lessor. Loss of Residential Buildings a) Residential Buildings and structures will be compensated to all PAPs regardless of the formal legal rights or legal status towards the building, structure in cash at replacement cost plus a 15%. Compensation will be free from depreciation and salvaged materials and decrement of transaction costs regardless of the status of registration of building. In case of partial impacts and unwillingness of the owner to alienate building entirely, impacts will cover only the affected portion of a building and its full rehabilitation to previous use if it is technically possible. b) Relocated leaseholders will be given cash compensation of the unused rent already paid. Relocated leaseholders will also be given all relocation and severe impacts allowances defined by RAP (see below). Loss of Non-Residential Buildings a) Non-Residential Buildings will be compensated to all PAPs regardless of the formal legal rights or legal status towards the building, structure in cash at replacement cost plus 15%. b) Relocated leaseholders will be given cash compensation for the unused portion of the already paid rent. Loss of Public Property The community and state-owned buildings and public utilities must be replaced or recovered in consultation with communities and respective state agencies. This will be done in a way so as the affected assets could implement the functions having occurred before the Project. Loss of Yield/Crops Loss of yield/crops will be compensated in case at current market values for the gross value of 1 year’s yield to those PAPs (owners, leaseholders, factual land users) who are the actual land users and the owners of the yield/crops (if they do not manage to gather the harvest because of the project). The above-mentioned compensation provisions are not applied to compensation for the losses of trees and their yield. Loss of Trees and Yield Landowners, the leaseholders and the actual land users are entitled to cash compensation for the trees and harvest losses regardless of their title for the land at market value based on type, age and productivity of trees as follows: a) The private, community or state landowners will receive the entire compensation for the trees8: 8 *Cash compensation at replacement cost based on type of the tree. Particularly, -Wood trees will be valued based on the category (a. seedling; b. medium growth and c. full growth) and wood value and volume; -Decorative trees will be valued based on market value of the tree; 29 i) if the existing leaseholders are not entitled to compensation according to the sub point b) of this paragraph or; ii) if affected tree have been planted by the factual land user, as it is established by the sub point c). b) If the trees belong to the lease holder, the compensation for trees will be given to the leaseholder, if trees were planted by the leaseholder with the consent of the landowner. c) If the community or state lands are actually used without formal legal rights of PAPs, the entire compensation for trees will be provided to such land users with the consent of the landowner d) The actual users of private owners and legal entities’ property will be compensated only to the extent of a year yield value. Interruption of Business (Entrepreneurship) a) Compensation for loss of business with tax declaration will be provided in case permanent and temporary stoppage of business (entrepreneurship), as follows:  Permanent loss of business (entrepreneurship) will be compensated in cash equal to a 1- year net income based on tax declaration;  Temporary impact i.e. stoppage of business (entrepreneurship) will be compensated in cash equal to the monthly income based on tax declaration for the months of stoppage.  State registration and license fees will also be compensated, if any. b) In absence of tax declaration permanent and temporary losses business (entrepreneurship) the compensation will be made in the above-mentioned way based on the minimum monthly salary. State registration and license fees will also be compensated, if any. Job Loss a) Cash compensation based on extent of the average month salary for 6 months will be provided to the workers permanently losing their job and working in any day prior to 2 months before the Cut-off date at the affected business (company/IE), if the employment contract is terminated as a result of permanent stoppage of business on the affected land. b) In case of temporary job loss (compulsory downtime) cash compensation will be given by the same principles based on the forced stoppage (downtime) of the working months. Allowances for Severe Impacts a) Cash compensation is given for Project severe impacts causing economic displacement to those AHs (including the AHs as leaseholders and actual land users) in case of loss of 10% and more of their owned or used agriculture land is affected and they receive benefits such as fruits, yield and crops by the result of land-use. The calculation of the above mentioned allowance is based on the actual use (operational purpose) of the lands regardless the purpose stated in the cadastral files, state registration certificates and other documents certifying the right on land. If the non-agricultural land is impacted 10 % and more but is used as agricultural and actually there are crops, yield on the land, then the latter is subject to compensation in accordance with the above mentioned principles without the requirement of legalization provision. The PAPs will be entitled to one severe impact allowance equal to market value of one year net harvest of the affected land for one year in addition to crop compensation. If >10% of pasture land is lost the AH/PAP will receive allowance which will be defined during the final RAP preparation. -Fruit/ productive trees will be valued based on the category (a. seedling; b. adult-not yet fruit bearing; and c. fruit bearing). Stage (a) and (b) trees are compensated based on the value of the investment made (including price of the seedling and other expenses for water, pesticides, etc.); stage (c) trees are compensated at net market value of 1 year income x number of years needed to grow a new fully productive tree plus the cost of seedlings. 30 b) AHs to be relocated (including the relocated leaseholders) will receive rehabilitation allowance for severe impacts equal to monthly minimum salary for 6 months. Relocation Allowances a) Relocation and livelihood expenses: AHs to be relocated (including leaseholders) from their affected residences will receive relocation allowance for 1 month living expenses equal to monthly minimum salary as well as cash allowance to cover transport costs. AHs who have not actually lived in the affected residence or residential building for at least three months before the cut-off date relocation in the affected house or residential building, will not receive relocation allowance. b) Expenses of the movable assets. All AHs having movable assets on the affected land or building, regardless of their existing rights towards the affected land or building, will receive cash allowance to cover transport costs for movable assets to be relocated. Allowances to the Vulnerable People/AHHs Vulnerable people (AHs below poverty line and households headed by women or elder or disabled persons) will be given a rehabilitation allowance equal to 6 months of minimum salary and priority in Project-related employment. Socially Vulnerable people/households are:  Households which included family(s) who are registered in the family benefit system (vulnerability assessment system) and receive family allowances.  Households, headed by women, where there is no other adult of working age, except for elderly persons (people of old pension age), persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years full-time studying at educational institutions  Households, headed by elderly persons (people of old pension age), where there is no other person of working age, except for persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years studying full-time at educational institutions.  Households headed by persons with disability of 1st and 2nd group, where there is no other person of working age, except for persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years studying full-time at educational institutions. Temporary Impact Temporarily affected PAPs and /AHs if identified will be given compensation for damages. The compensation provided to the temporarily affected PAPs and AHs will not include provision of vulnerability allowances. During construction, the contractor should avoid the use of other private lands. Particularly, for construction camps only community lands or leased lands can be used. Nevertheless, some non-envisaged circumstances and obstacles may make the construction contractor face the private lands use problems which had not been envisaged by the design (unforeseen impacts). In such cases, the construction shall immediately be stopped and the PIU shall initiate the design modification works through the Design Consultant and prepare Resettlement Action Plan (RAP) if necessary. At the same time, the construction related temporary and permanent damages will be addressed by the provision of the Environmental and Social Management Plan. Unforeseen LAR Impacts (if any) WSPIU will consider unforeseen LAR impacts during the project implementation and will compensate and/or will provide rehabilitation allowance based on the provisions in the entitlement matrix, after preparing an Addendum to the RAP in which such unforeseen impacts and how they will be mitigated are described. Compensations for Improvements The improvements, which are not included in the entitlement matrix but exist on the affected land (excluding the movable assets) will be compensated at replacement cost. 31 8.4. Provisional Entitlement and Compensation Matrix Since the exact scale and scope of impact will be known only after the detail designs are prepared, the preliminary Entitlement Matrix presented was developed and attached below based on the preliminary assessment of the project impact and the Entitlement Matrix provided in the Resettlement Policy Framework (RPF) of the Irrigation System Modernization Project. Table 2. Preliminary Entitlement Matrix Type of loss Specification Affected people Entitlements 1. Permanent All land losses, Land owner, * Land for land compensation with plots of equal value 9 loss of land irrespective of legalizable owner and productivity to the plots lost if possible; or severity of impact after the * Cash compensation for affected land at market price or registration of cadastral (whichever is highest) free of taxes, ownership rights registration, and transfer plus 15%. * If residual portions of affected plots become economically unviable or rendered unusable, such remaining lands will be acquired and compensated at replacement value. For these cases, in accordance with RA law, PAPs should request the project to acquire his/her entire land plot and not only its affected part within 60 days after the Eminent Domain Decree enters into force. *Legalizable owners will be supported to register their right including registration fees. Registered * Leaseholders on the community or state land for more leaseholder on than 10 years will be legalized in cases provided by community and legislation and compensated as full owners, or will be state land given a new lease subject to availability of the land and consent of the owner (lessor). If neither of the options is possible they will be compensated in cash at market or cadastral cost (whichever is higher) of the affected land plus a 15% allowance in proportion to the remaining years of lease as follows: a) < 1 year - 5% of land compensation cost; 2) < 15 years - 14% of land compensation cost; 3) < 25 years - 20% of land compensation cost; 4) 25 years and more- 25% of land compensation cost. * Leaseholders on lands of private owners and legal entities’ will be given cash compensation for the unused lease already paid and for the indivisible improvements made with the consent of the Lessor. 9 Temporal loss of land and assets compensated and/or restored to pre project condition by the Contractor as reflected in ESIA/ESMP land issues of temporal land use will be ESIA/ESMP which is a part of the Contractor’s TOR. 32 Type of loss Specification Affected people Entitlements Non-registered land * Rehabilitation allowance equal to market value of one users on the year net harvest (in addition to crop compensation) for community or state land use loss; additional rehabilitation assistance as land appropriate will be given to severely affected or vulnerable PAPs Additional All PAPs regardless * One severe impact allowance equal to market value provisions for of legal status of one year net harvest of the affected land for one year severe impacts on in addition to crop compensation (a precautionary income generated entitlement since preliminary studies show that no PAPs asset (> 10% of will have income loss) agricultural land loss) 2. Houses, Owners of the a) Residential Buildings and structures will be building and registered compensated to all PAPs regardless of the formal legal structures structures rights or legal status towards the building, structure in cash at replacement cost plus a 15%. Compensation will be free from depreciation and salvaged materials and Users of the non- decrement of transaction costs regardless of the status of registered registration of building. In case of partial impacts and structures unwillingness of the owner to alienate building entirely, impacts will cover only the affected portion of a building and its full rehabilitation to previous use if it is technically possible, b) Relocated leaseholders will be given cash compensation of the unused rent already paid. Relocated leaseholders will also be given all relocation and severe impacts allowances defined by the final RAP, c) Non-Residential buildings will be compensated to all PAPs regardless of the formal legal rights or legal status towards the building, structure in cash at replacement cost plus 15%, d) Relocated leaseholders will be given cash compensation for the unused portion of the already paid rent. 3. Crops Standing crops All PAPs regardless *Loss of yield/crops will be compensated in case at affected/lost of legal status current market values for the gross value of 1 year’s yield to those PAPs (owners, leaseholders, factual land users) who are the actual land users and the owners of the yield/crops (if they do not manage to gather the harvest because of the project). The above-mentioned compensation provisions are not applied to compensation for the losses of trees and their yield. “All PAPs will be given the opportunity to harvest standing crops. 33 Type of loss Specification Affected people Entitlements 4. Trees Trees affected/lost All PAPs * Cash compensation for the trees and harvest losses (landowners, the regardless of their title for the land at market value based leaseholders and on type, age and productivity of trees as follows: the actual land a) The private, community or state landowners will receive users) regardless of the entire compensation for the trees10: legal status i) if the existing leaseholders are not entitled to compensation according to the sub point b) of this paragraph or; ii) if affected tree have been planted by the factual land user, as it is established by the sub point c). b) If the trees belong to the lease holder, the compensation for trees will be given to the leaseholder, if trees were planted by the leaseholder with the consent of the landowner. c) If the community or state lands are actually used without formal legal rights of PAPs, the entire compensation for trees will be provided to such land users with the consent of the landowner d) The actual users of private owners and legal entities’ property will be compensated only to the extent of a year yield value. 5. Business/ Temporary loss of All PAPs regardless In case of temporary job loss (compulsory downtime) Employment business or of legal status cash compensation will be given by the same principles employment based on the forced stoppage (downtime) of the working months. (a precautionary entitlement since preliminary studies show that no businesses will be affected) Permanent loss of All PAPs regardless Cash compensation based on extent of the average business or of legal status month salary for 6 months will be provided to the employment workers permanently losing their job and working in any day prior to 2 months before the Cut-off date at the affected business (company/IE), if the employment contract is terminated as a result of permanent stoppage of business on the affected land (a precautionary entitlement since preliminary studies show that no businesses will be affected) 10 *Cash compensation at replacement cost based on type of the tree. Particularly, -Wood trees will be valued based on the category (a. seedling; b. medium growth and c. full growth) and wood value and volume; -Decorative trees will be valued based on market value of the tree; -Fruit/ productive trees will be valued based on the category (a. seedling; b. adult-not yet fruit bearing; and c. fruit bearing). Stage (a) and (b) trees are compensated based on the value of the investment made (including price of the seedling and other expenses for water, pesticides, etc.); stage (c) trees are compensated at net market value of 1 year income x number of years needed to grow a new fully productive tree plus the cost of seedlings. 34 Type of loss Specification Affected people Entitlements 6. Livelihoods Loss of social All PAPs regardless *Restoration of livelihoods to pre-project levels through support systems of legal status skill development, wage employment or self- employment, including access to credit. (a precautionary entitlement since preliminary studies show that no structure will be affected) 7. Relocation Transport and a) Relocation and livelihood expenses: AHs to be relocated All PAPs affected by of owners and transitional Relocation (including leaseholders) from their affected residences tenants will receive relocation allowance for 1 month living livelihood costs expenses equal to monthly minimum salary as well as Tenants who have cash allowance to cover transport costs. AHs who have leased a house not actually lived in the affected residence or residential building for at least three months before the cut-off date relocation in the affected house or residential building, will not receive relocation allowance. b) Expenses of the movable assets. All AHs having movable assets on the affected land or building, regardless of their existing rights towards the affected land or building, will receive cash allowance to cover transport costs for movable assets to be relocated. (a precautionary entitlement since preliminary studies show that no physical relocation will be necessary) 8. Community * Rehabilitation/substitution of the affected assets structures/utilities (i.e. places of worship, footbridges, roads, schools, health centers, pastures, woodlots, etc.) to pre-project functions in consultation with the communities. 9. Vulnerable PAP below poverty Vulnerable people (AHs below poverty line and people‘s line, women households headed by women or elder or disabled livelihood headed, pensioner persons) will be given a rehabilitation allowance equal to headed households, 6 months of minimum salary and priority in Project- AHH with disabled related employment. persons11 11Households including family(s) who are registered in the family benefit system (vulnerability assessment system) and receive family allowances; headed by women, where there is no other adult of working age, except for elderly persons (people of old pension age), persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years full-time studying at educational institutions; headed by elderly persons (people of old pension age), where there is no other person of working age, except for persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years studying full-time at educational institutions; Households headed by persons with disability of 1st and 2nd group, where there is no other person of working age, except for persons doing compulsory military service in the Armed Forces of RA, persons having disability of 1st or 2nd groups, and students up to 23 years studying full-time at educational institutions. 35 Type of loss Specification Affected people Entitlements 10. Severe Land owners, actual *Cash compensation is given for Project severe impacts impacts land users, causing economic displacement to those AHs (including leaseholders the AHs as leaseholders and actual land users) in case 10% and more of their owned or cultivated agriculture land is affected and they receive benefits such as fruits, yield and crops as a result of land-use. The calculation of the above mentioned allowance is based on the actual use of the lands regardless of the registered category of the land (agricultural or non-agricultural) If the non-agricultural land is impacted 10 % and more but is used as agricultural and actually there are crops, yield on the land, then the latter is subject to compensation in accordance with the above mentioned principles without the requirement of legalization provision. The PAPs will be entitled to one severe impact allowance equal to market value of one year net harvest of the affected land for one year in addition to crop compensation. AHs to be relocated (including the relocated leaseholders) will receive rehabilitation allowance for severe impacts equal to monthly minimum salary for 6 months. * If >10% of pasture land is lost the AH/PAP will receive allowance which will be defined during the final RAP preparation. 11. Temporary All PAPs Temporarily affected PAPs and /AHs if identified will be Impacts given compensation for damages provided based on the principles listed above. The compensation provided to the temporarily affected PAPs and AHs will not include provision of vulnerability allowances. During construction, the contractor should avoid the use of other private lands. Particularly, for construction camps only community lands or leased lands can be used. 8.5. Assessment of Compensation Unit Values For the purposes of this Preliminary draft RAP valuation of affected land and buildings is based on the rates provided in the annual analysis of the real estate market in the Republic of Armenia published by the SCREC of the GoA. For this draft Preliminary RAP the February 2018 Real Estate Market Analysis data were used. During the finalization of the RAP, replacement cost compensation rates will be determined based on the following: i. Assessment of the real estate values will be valued at replacement cost, i. e. market or cadastral value (whichever is higher) plus 15%. 36 ii. Houses / Buildings will be valued at replacement rate based on construction type, materials cost, labor, transport/other construction costs. No deduction/decrement for depreciation/transaction costs or salvaged materials will be applied. iii. Annual Crops will be valued based on average farm gate prices and average yields for the previous 3 years. In cases when more than one-year compensation is due to the PAPs for their crops the compensation will be equal to gross market value after the first year. iv. Trees (bushes) will be valued according to different methodologies depending whether the tree (bush) lost is a productive or a not-productive tree (bush). a) Not-productive trees (bushes): wood and decorative trees will be valued based on following groups (a. small trees; b. medium trees and c. big trees) based on the type of tree (bush) and the following valuation indicators such as: timber (firewood or construction wood) volume, height of the tree (bush), as well as other applicable indicators for the given tree (bush) to be determined by RAP. b) Fruit/productive trees (bushes, vineyards) will be valued based on the planting age. The compensation for fruit/productive trees (bushes, vineyards) will be paid based on the investment value (including price of the seedling and other expenses for water, pesticides, etc.) and as much as the market value of the given tree (bush) for 1 year multiplied by the number of years calculated from the planting date, but no more than the number of years needed to grow a new fully (industrial) productive tree (bush). The acquirer compensates for the financial obligations (taxes, fines, mandatory payments) from the state or local government bodies related to the property alienation. The resettlement cost estimate for this Project in the final RAP shall include eligible compensation, rehabilitation allowances and support costs of RAP implementation. Compensation costs will be determined by the independent valuator. The support costs, which include administrative expenses, shall be part of the overall resettlement budget. Contingency provisions (25% of the total cost including 15% to be added to the market or cadastral price of the alienated lands12 possible notary/translation expenses as well as inflation and other expenses) will also be made to take into account variations from the provided estimate. In case of any cost over-run, MEINR/SCWE will provide additional funds as needed in a timely manner. 8.6. Conditions for Expropriation Property acquisition is performed in accordance with relevant procedures established by law. In particular, for public and state needs the property may be acquired: a) in accordance with contract; b) by the transfer of compensation amount to the deposit account; or c) via litigation. The Property may be acquired under the contract between the acquirer and the owner of acquired property. In this case the amount of compensation, terms, conditions, procedures and liability of parties is determined by mutual agreement that shall not contradict the relevant sections of the final RAP and the Entitlement Matrix in it. Persons with property rights known to the owner of the property shall also be party of the acquisition contract. Under the Project WSPIU will do its best to acquire the land via negotiations. In case of failure of negotiations and disagreement of PAPs in the case the statutory term of 3 month expired, the acquirer shall transfer the compensation amount according to the entitlement provided in the final RAP for the acquired property to the deposit account of the court or of the notary public in the timeframes defined by the Law. PAPs may receive the compensation within 7 days. 12RA Law “On Property Alienation for Public and State Needs”, 27 November, 2006, Article 11 “Reimbursement Against Property Alienation for Public and State Needs”, Point 1 “The Owner is paid adequate reimbursement against the alienated property. Market price of the alienated property plus 15% is considered as adequate reimbursement”. 37 In this case (as well as in case of the reception of compensation from the deposit account until the judgment was rendered by court) the acquisition contract is considered as concluded. If the PAP does not receive the compensation amount from the deposit account within the statutory term the acquirer shall bring the compulsory property acquisition case to the court within one month. Acquisition of land through expropriation proceedings entails lengthy procedures. Such an approach will thus be pursued under the Project only in extreme cases when negotiations between APs, the Acquirer and WSPIU/SCWS fail and no alternative land is available to implement the Project. The acquirer shall not possess the acquired land until: a) the acquirer’s ownership right is registered toward the acquired property; b) the relevant judicial act enters into force in accordance with law and the acquired land is handed-over to the acquirer; c) entitlements provided in the final RAP has been paid to affected people. 8.7. Legalization Requirements All “legalizable” PAPs (person who has the documents certifying his rights on acquired property, but who has not still registered his ownership right) shall register their ownership and other property rights related to the acquisition of the property in compliance with the procedure established by RA legislation on their own account. PAPs that have rights on acquired property recognized by the law, but have not ensured its proper formalization or state registration in accordance with law, are entitled either to acquire lawful rights towards the affected property and receive the compensation corresponding to their newly formalized (state registered) rights till the Acquisition contract conclusion or till the rendering of judicial act, in a result of legalization procedure. Terms and conditions of the legalization procedure per rights of PAPs toward acquired property (lawful possessors of property, actual possessors of property with prescription, tenants, PAPs who has built illegal structures on private land etc.), WSPIU assistance forms and procedure will be defined in the final RAP within the Legalization plan to be prepared and implemented during the RAP implementation. PAPs not eligible to acquire ownership or any other right toward acquired property or those that discretionally have not formalized and registered their right recognized by law toward property will receive compensation for lost structures, crops and other non-land assets that are lost as a result of the Project. 38 IX. PUBLIC CONSULTATIONS AND INFORMATION DISCLOSURE This Chapter of the preliminary RAP describes the process of the Public Consultation (hereinafter - PC) conducted with the affected communities and PAPs. Public consultation has two rounds: (i) first round during the FS phase to inform and consult public on proposed design solutions and potential impacts associated with that solutions, as well as to obtain their suggestions and concerns; (ii) second round during the detailed design phase to inform and consult population of affected communities and stakeholders on design solutions, RAP related activities and approaches. The public consultation during the current FS phase was held in Dalarik and Lernagog communities administration buildings, and during the second round of consultations the discussions again will be held in each affected community. 9.1. Public Consultations The public consultation to discuss Preliminary draft Resettlement Action Plan of the Mastara Reservoir Project took place on February 6, 2018. The public consultation was organized by the team of Econom Eco LLC and EAAC LLC Joint Venture and was convened on February 6, 2018, at 11:00 in Dalarik and at 13:00 at Lernagog Village Mayor Offices. The announcement on public consultation was posted on the information boards at Dalarik and Lernagog Community Mayor Offices (photos of posted Announcements are presented in Annex 2). The representatives of Econom Eco LLC and EAAC LLC Joint Venture have presented in detail the works carried out to develop the preliminary RAP, including the works carried out for the purpose of revealing the possible issues and impacts. The participants of the public consultations (12 participants in Dalarik, 8 male and 4 female, 8 participants in Lernagog, 7 male and 1 female) were given information regarding the approaches applied while preparing the Initial draft RAP, stages of LAR process, as well as eligibility and entitlements, further steps to be implemented. After the presentation the participants of the meeting were given the opportunity to express their opinion and to ask questions. There were two PAPs among the participants of the public consultation in Dalarik community. The minutes of public consultation were also prepared and signed. Once further consultations are carried out the table providing the overall summary of issues and concerns raised by participants will be added to this section. The lists of participants, minutes of public consultations (full translation from original in Armenian, including questions and suggestions / concerns raised and answers provided), as well as scan of the newspaper announcement, photographs of the information board and those made during the meetings are presented in Annex 2. When detailed designs are being developed, public consultations will be conducted involving as many PAPs/AHHs as possible and inputs/ comments will be sought from them for the development of the final RAP. The NGOs working in Armavir region will be informed through Armavir marzpetaran’s channels and the representatives of the interested NGOs will be supported to travel to the affected communities to participate in the PC. 9.2. Disclosure of LAR-Related Documents The draft preliminary RAP in both English and Armenian languages will be published on WSPIU and SCWS websites. A summary of the draft RAP in Armenian will be available at Armavir Governor’s Office, as well as at the Local Authorities' Offices in both affected communities. A LAR Information Brochure (preliminary version included in Annex 5), explaining the purpose and scope of the project, as well as PAPs entitlements to compensation and the grievance redress mechanism will be prepared in Armenian, and distributed to the PAPs during the public consultations in all affected communities at the time of final RAP preparation. The draft final RAP will be prepared in English, Armenian and Russian languages and posted on the SCWS and WSPIU websites. A final Project Information Brochure providing a summary of the impacts, implementation arrangements and of the RAP compensation policy will be sent to all PAPs immediately after the approval of the final RAP. 39 9.3. Grievance Redress Mechanism Grievance Redress Mechanism (GRM) is a system, through which people may submit project related requests, proposals and concerns, and receive timely feedback. The GRMs will proactively and promptly resolve the concerns and complaints of the affected people, using an understandable, communicated, and transparent process that is gender responsive, culturally appropriate, and accessible to all segments of affected people ad beneficiary community at no cost. WSPIU has established a Grievance Redress committee (GRC) to address affected people's and beneficiary communities’ representatives concerns and complaints, through which all the grievances in design, RAP preparation and construction phases will be resolved. Local Authorities The GRC collaborates with local authorities and will involve them in the Grievance Redress Mechanism. To provide direct communication with local community representatives and PAPs, WSPIU will establish Grievance Redress direct connection with Local Authorities, to record grievances together with Local Authorities and to resolve them timely. During all public consultations (1 for RAP and 3 for ESIA) the WSPIU representatives provided information to the communities how to express their grievances through various channels (in person to local authorities, over phone, email or online). The complaints and grievance from the stakeholders, affected communities and NGOs will be submitted to WSPIU GRC from local authorities if received by them. The mechanism will not impede access to the Country’s judicial or administrative remedies. Prior to Construction works, WSPIU inform ed the beneficiary communities about the grievance redress mechanism and provided contact details of persons responsible for grievance collection and response in the community. Once final RAP preparation works start the WSPIU will also explain the importance of selecting some volunteers who can be project focal points for the community to assist persons from their village with resolving or escalating grievances as needed. Grievance Redress Mechanism Grievance Redress Committee WSPIU Local Authorities focal point Grievance Redress Committee: Tasks and composition The GRC includes WSPIU staff: the environmental specialist (head of committee), the social specialist, engineers, coordinating design and construction works, and the lawyer. The head of the GRC coordinates the works of the committee and as an environmental specialist he also responds to complaints and/or concerns related to environmental flow, protection of biodiversity, climate change and other environmental issues. The social specialist responds to complaints of social nature or those related to private land or community land use. The communication specialist is responsible for provision of information and clarifications to media inquiries. The engineers are responsible for addressing grievance related to technical solutions and design of the project. And the lawyer supports the team in redressing more complicated complaints when knowledge or study of the relevant law and regulation is needed. 40 The information on creation of GRC with possibility for online submission of grievance and complaints is posted in the WSPIU website. The grievance mechanism is designed to avoid lengthy court procedures. The grievance mechanism will be implemented so that people can get their problems solved and grievances redressed in a timely and effective manner without directly addressing the court. All grievances will be responded to within a week of receipt and resolved within maximum one month of receipt. The information on the GRM as well as the hotline will be communicated to the communities and households who will be affected by the project, to local authorities and NGOs during public consultation and posters about the construction works posted at the construction sites and the Municipalities so that the affected persons can submit their feedback and complaints during construction and operation phases. WSPIU will maintain a detailed log of all questions or grievances received, including the date of submission, contact information of the person submitting, nature of feedback or complaints, date of response, date of resolution, and any follow-up actions if needed. Should the inhabitants of the beneficiary or impacted communities of the Project, other stakeholders, NGOs or other organizations have any complaints, proposals, or need any clarification, they may apply and communicate with GRM commission which was established and operates under the PIU. The information about the Commission is presented in the PIU’s web site piu.am. The contacts of the Commission members are presented below: Martiros Nalbandyan, WS PIU Environmental Specialist 041 111450, Marine Vardanyan, WS PIU Social Specialist 041 111437, Margarit Sargsyan, WS PIU Communication Specialist 041 111435, In case of any complaints, proposals, or need any clarification, the inhabitants of the beneficiary or impacted communities of the Project or other stakeholders may write to following e-mail address as well: info@wsdp.am WSPIU will put all the possible efforts to peacefully resolve through GRM all the revealed problems and complaints in the framework of RAP. During the preparation of the final RAP, in parallel with the public consultations, WSPIU or the Consultant will train the relevant community representative. Training shall include recording of grievances, communication with PAPs, main principles of RAP, including eligibility and rights, project schedule and arrangements, as well as other topics that shall be explained in details at the initial stage of RAP preparation. In order to collect effectively all the grievances from the potential PAPs, there may be designated area(s), for the timely submission and collection of grievances. PAPs may submit oral complaints (that shall be precisely documented in the designated area, at the moment of submitting of a grievance) or written complaints. The feedback will be provided within a week after receiving of a grievance, and if a grievance resolution is within the WSPIU competence – it will be resolved within a month. If an issue is not resolved at the level of a Grievance Redress Committee, it may be submitted to the court at the initiative of either party. All the necessary payments for the mentioned will be made by the project, if it is confirmed, that the project affected person is the RA Family Benefit System beneficiary. Expropriation procedure If WSPIU and PAP fail to reach agreement on the alienation of the private property, the RA Government will pursue the expropriation procedure in accordance with the RA Law “On Alienation of Property for the Needs of the Society and the State” (HO-185-N, November 27, 2006) and the RA Law “On Making amendments in the RA Law on Alienation of Property for the Needs of the Society and the State” (HO-105-N, 21.06.2014). Court In accordance with the RA Law “On Alienation of Property for the Needs of the Society and the State” (Article 13) – the acquirer must apply to the court, if the owner and/or persons with the ownership right to the property to be 41 alienated do not voluntarily sign the Agreement on Alienation, at the same time, only the amount of compensation is subject to consideration in court. The courts functioning in Armenia are the final instance for RAP-related complain and grievance resolution. Should the WSPIU and PAP fail to reach agreement on the private property alienation, the RA Government, using its mandate for confiscation based on national legislation, will file a confiscation suit in court. Upon its approval and following prescribed procedures, the given property is transferred to the Government, when the latter is granted the right to confiscation by the court. If the grievance redress system, including the Grievance Redress Committee, fails to satisfy the PAP, he/she can pursue their complaint further by submitting their case to the appropriate court of law. The court decision if final and subject to execution. 42 X. RAP IMPLEMENTATION AND MONITORING RESPONSIBILITIES 10.1. Institutional Arrangements Several Government agencies play important roles in the RAP finalization and implementation process. The State Committee of Real Estate Cadaster of the Government of the Republic of Armenia and its Cadaster Regional Offices are responsible for providing information about the status of real estate ownership and registration of ownership. Local government administrations are closely involved. The role of some of the key actors is detailed below. MEINR/SCWS/WSPIU The Water Sector Project Implementation Unit (WSPIU) of the State Committee of Water Economy of Armenia under the RA Ministry of Energy Infrastructure and Natural Resources is the Agency that has overall responsibility for the Project management, including for procurement, financial management, reporting, monitoring and evaluation (M&E). WSPIU Social and Environmental Specialists will be responsible for safeguards supervision. WSPIU has implemented many projects within 20 years aimed at modernization of irrigation systems, construction of new pipelines, and efficient water resources management in Armenia. During the last decade numerous projects were implemented to convert mechanical irrigation to gravity, to ensure the safety of irrigation schemes and to strengthen their reliability. The WSPIU also implements dam and reservoir modernization, rehabilitation and construction projects. The exploitation of Marmarik reservoir started in 2013. Presently WSPIU has 4 projects of reservoirs including MRP at different stages of implementation. The WSPIU has safeguard specialists in its staff: two social safeguard specialists and 2 environmental specialists, as well as a communication specialist and a lawyer. One of the social safeguard specialists is responsible for coordination of this assignment. During RAP implementation stage all safeguard specialists can be involved in RAP implementation monitoring if required, the communication specialist can be involved in stakeholder engagement activities and the lawyer in preparation of land acquisition agreements, negotiations with project affected persons (PAPs) and agreements signing process. The WSPIU is responsible for: (i) coordinating with Cadastral Office and local governments; (ii) obtaining the cadastral maps and land records; (iii) assisting the Consultants in Mapping, Surveying and Verification Activities; (iv) assisting the Consultants in hiring independent asset valuators for each affected item; (v) organizing public consultation meetings assisted by Consultants (if needed) and LSGBs; (vi) updating the RAP as and when detailed designs become available; (vii) disclosing the final RAP when ready and the information brochure; (viii) planning and managing RAP implementation and the distribution of compensation; (ix) initiating eventual expropriation cases and coordination with the courts as necessary; (x) assisting in settlement of individual complaints; (xi) ensuring proper internal monitoring; (xii) hiring the External Monitoring Agency (EMA), (xiii) maintaining AP data base and (xiv) coordinating with the appropriate government agencies to provide all needed documentation and ensuring prompt allocation of LAR budgets to PAPs and maintaining coordination of all LAR related activities; and any other issue that is related to resettlement and rehabilitation of PAPs. The WSPIU’s lawyers and the two existing social development specialists will form the Resettlement Coordination Team (RCT) in carrying out the implementation activities. The IT can be employed and mobilized as soon as RA Government approves the RAP through a Decree and LAR finances are allocated. The head of RCT will be the Team Leader for the IT. The IT will be responsible for the overall implementation of implementation-ready RAP (including the expropriation stage). The main tasks for the IT might include but will not be limited to followings:  Undertake public information campaigns to inform the affected communities of the Resettlement Policies and entitlement packages;  Carry out regular meetings with affected people, particularly through the Grievance Redress Group; 43  Assist PAPs in resolving their grievances through the grievance redress mechanism set out in the RAP and assist PAPs to pursue any grievances to a suitable remedy;  Review and address, if needed, the comments on the draft contracts sent by PAPs and reply to them;  Organize the acquisition contract signing process;  Assist PAPs with opening of their Bank account for those who have not yet done so;  Consult and assist legalizable PAPs, if any, with their legalization;  Assist PAPs in getting the compensation for their land and properties acquired for the Project;  Assist PAPs in verifying that their compensation complies with their entitlements. In case of any discrepancy, the IT will assist the PAP in pursuing the matter through the grievance redress mechanism;  Initiate and implement the expropriation procedures in accordance with the RA legislation for cases, when the signing of acquisition contract has failed.  Make arrangements for the smooth relocation of the PAPs and their businesses;  Assist PAPs in obtaining employment with the Contractor during the construction phase based on the skills available and as required by Contractor;  Other tasks as necessary. Local Self Government The community authorities provided information on PAPs and will continue to do so. They supported the social surveys, land measurements and in identifying the type of land. They also helped in organizing communities and PAPs for consultations. They will assist in the resolution of complaints and grievances and participate in other issues as required. Even though compensations will be directly paid into the Bank accounts of the PAPs, support from local authorities will be required in informing PAPs on the disbursements. Local authorities can also provide community lands for temporal use or permanent acquisition for the Project activities including access roads, construction camps, pipelines installation, etc. In such cases the LAs become a party for a community land alienation/use agreement. Donor Organization The Donor organization will provide no objection to start construction based on the approved compliance report. Other Ministries, Organizations and Agencies Several other institutions will participate in the preparation and implementation of LAR tasks. These are: i. Ministry of Finance: The Ministry of Finance will provide the budgets for the implementation of the RAP to MEINR/SCWS following the official approval of the final RAP; ii. State Committee of Real Estate Cadaster of the Republic of Armenia is responsible for providing information about the status of real estate ownership, and is in-charge of the state registration of land ownership; iii. Local Courts: For cases of expropriation MEINR/SCWS will have to rely on the Marz court for legal processes to review the expropriation cases, carry out hearings and decide whether the land can be expropriated and at what price; iv. Consultants involved in RAP related tasks:  Resettlement Action Plan Development Consultants responsible for finalizing the Mastara Reservoir Project RAP during the detailed design phase;  Independent Asset Valuators are accredited private firms hired to evaluate the affected assets; 44  External Monitoring Agency will be hired if the RA Government considers during the detailed design phase it necessary based on the scope of LAR and available means. 10.2. Implementation Responsibilities and Structure An efficient organizational structure is important for the management of involuntary resettlement. The dedicated participation of the institutional actors outlined above is required. The responsibilities of the different public entities for the RAP implementation is presented in Table 5 below. Table 5: Roles and Responsibilities of Agencies Involved in RAP Implementation Responsible Agency Activity MEINR/SCWE  Overall responsibility for the Program;  Implementation and financing of all LAR tasks; and  Cross-agency coordination and linkages. Ministry of Finance  Provide budget for the implementation of the RAP. State Committee of  Provide information about the status of real estate ownership and other relevant Real Estate Cadaster data required for RAP. Local Court  Review the expropriation cases;  Carry out hearings and decide whether the land can be expropriated and at what price. Local Self Government  Assist in the resolution of complaints and grievances and participate in other issues Bodies as required;  Support PIU in informing APs on RAP implementation procedures and the disbursements;  Provide PIU/IT with needed information/references/abstracts etc. during the RAP implementation. 45 WSPIU RIT  Coordinating with Cadastral Office and LSGBs;  Obtaining the cadastral maps and land records;  Assisting the Consultants in Mapping, Surveying and Verification Activities;  Organizing public consultation meetings assisted by Consultants and LSGBs;  Disclosing the RAP and the information pamphlets;  Notification of APs in different stages of RAP implementation according to the legislation;  Planning and managing RAP implementation and the distribution of compensation (including the implementation of Legalization plan);  Initiating expropriation cases and coordination with the courts as necessary;  Maintaining RAP database;  Assisting in settlement of individual complaints through GRM;  Ensuring internal monitoring and reporting;  Hiring the External Monitoring Agency (EMA);  Implementation of LAR corrective measures (if any);  Coordinating with the appropriate government agencies to provide all needed documentation;  Ensuring prompt allocation of LAR budgets;  Maintaining coordination of all LAR related activities;  Any other issues related to resettlement and rehabilitation of APs.  Assist in notification to Head of Communities and other affected persons on RAP commencement and implementation stages, procedures;  Preparation of acquisition contracts and agreements, cover letters, in accordance with the terms and requirements of Law and RA legislation:  Support in collection of documents required for the signature of acquisition contracts and agreements for each land and other property, as well as consultation and support to PAPs on the procedure of obtaining and provision of these documents;  Assistance to PAPs towards the correction, update and restoration of their incomplete or incorrect documents;  Preparation of separate package for each AP based on updated data for the implementation of respective cadastral and notarial operations aimed at acquisition;  Update of existing RAP database for the required information in RAP implementation stage;  Entering and updating of the data regarding the processing status of court proceedings, suspension, issues and completion in the RAP database, as well as preparation of progress reports and submission to PIU;  Organize the process of due separation, division and state registration of affected part from the private property by SCREC;  Support in the handing-over of the entitlement certificates of the non-acquired parts registered by the territorial subdivisions of cadaster after the separation procedure to the co-owners;  Support the state registration for acquisition of community land, by ensuring the approval by the heads of communities and other ground required for state registration;  Provide information to the PIU on the communal and mandatory payments debts of PAPs to the local and state budget for the acquired property; 46  Organize the opening of bank accounts for the PAPs ensuring the collection of required data from PAPs;  Assist in submission the documents package required for the conclusion of acquisition contracts/agreements to the relevant notarial offices in order to implement notarial operations for ratification of contracts/agreements;  Organize the acquisition contract/agreement with PAPs in the notarial offices;  The submission of payment applications to PIU in order to proceed with the payment of compensation;  Obtain and submit RA entitlement state registration certificates with attached maps/plans to the PIU for proper documentation;  Provide support to the heirs - to open the inheritance for the lands with succession issues, in obtaining the succession certificates; implementation of state registration actions;  Contact the owners residing abroad and provide necessary advice and support for power of attorney;  Support PAPs for the extension of validity of passports or obtainment of new passports;  Organize the process to correct and clarify the clerical mistakes and discrepancies in the documents required for acquisition and contracts agreements;  Implement any legal action to redress the legal obstacle of the acquisition in accordance with the RAP;  Ensures the recording of PAPs complaints with the community representative in the grievance logbook;  Ensure documenting of complaints in hard and soft copies and submit to PIU; assisting the PIU throughout the whole process of the examination and solution thereof;  Support to PIU in organizing and implementing of Grievance Review Group (GRG);  Involvement in GRG sessions as a member or expert (if needed);  Assistance to PAPs in the resolution of their complaints throughout the GRM established by RAP;  Implementation all LAR correction action plan(s) that is identified by External Monitoring Agency’s RAP Compliance reports;  Ensuring the transfer of the compensation amount to the PAP’s account;  Provide information to AP’s about the transfer of compensation amount to their account;  Prepare and submit the lawsuit to the court for property acquisition case where AP did not accept or claimed the compensation amount;  Participation in all court hearings as the plaintiff (and/or respondent) representative of PIU;  Obtain judicial acts and submit them to PIU;  Inform the PAPs about the property-related tax liabilities, organize the calculation of taxes, and submit the details to PIU;  Updating of the information regarding the processing status of court proceedings, suspension, issues and completion thereof in the RAP database, as well as preparation of progress reports and submission to PIU;  Support PIU preparing necessary documentation, measurement, valuation of assets in case of changes to the design requiring amendment to RAP and acquisition. 47 Responsible Agency Activity External Monitoring  Conduct external monitoring and evaluation of the RAP implementation; Agency13  Prepare Compliance Report of the RAP implementation for the WSPIU/SCWE of MEINR and for Donor Organization. 13 If the RA Government decides it necessary to involve an EMA 48 XI. RAP FINALISATION AND IMPLEMENTATION PROCESS The schedule for implementation of the resettlement plan is based on the overall Project implementation program. All activities related to the land acquisition and resettlement have been planned to ensure that compensation is paid prior to displacement and commencement of civil works. The RAP implementation definite schedule may not be presented in the Feasibility stage. 11.1. Final RAP Preparation Phase The development of the Final RAP will commence after when the preparation of the detailed design proceeds to an advanced stage and when the final RoW is defined. Full assets inventory, socioeconomic survey and census will be conducted for final RAP preparation. The main activities to be undertaken include, but are not limited, to the following: a. Update of cadastral maps and data on affected lands b. Verification of cadastral maps with local authorities and land owners c. Establishment of Cut-off date d. Census and measurement survey as well as inventory of losses of PAPs; e. Consultations with PAPs as well as public consultation in the affected community f. Identification of focal points for Grievance Redress mechanism in the affected communities g. Development of Entitlement Matrix; h. Valuation of lost land and assets not earlier, than a year before payment of the compensation to be done by the licelced valuator based on the surveys and field visits; i. Documenting the implementation arrangements for resettlement, including asset acquisition, compensation, relocation and rehabilitation j. Preparation of the budget and schedule for implementation. k. Endorsement of the final RAP by the donor organization, WSPIU, RA SCWE. l. Approval of the Final RAP with the RA Government Decree. m. Disclosure of the final RAP on the website of implementing agency and to the PAPs in the affected communities. Special consideration will be made during the finalization of the RAP to the following issues: Plots with Liens. Among the private plots to be acquired by the project there might be the land plots, which have a lien attached to their titles as they have been used by their owners as collateral for a bank loan, will be identified during the impact assessment surveys and consultations at the time of the preparation of the final RAP. Plots to Be Expropriated. Any AHs losing land through expropriation according to the eminent domain law will be identified during the impact assessment surveys and consultations at the time of the preparation of the final RAP. These will include: i) PAPs who are deceased and whose heirs have not been identified; ii) PAPs who live outside of the RA and cannot be contacted or who have not given power of attorney to another person enabling them to receive their compensation; iii) unknown property owners, and 49 iv) PAPs who refuse to sign land acquisition protocols and/or draft contracts after several negotiations and after the EA has provided documentary proof to the PAP of the results of the market rates valuation survey. It shall be noted, that the legalization and expropriation issues are covered in more details in the Chapter Legal and Policy Background of this preliminary draft RAP. Relocation Requirements and Approach During preparation of the final RAP, depending on the final LAR impacts the number of AHs and businesses subject to relocation will be determined, if any. It is expected that the affected AHs will self-relocate and in addition to the full compensation of their affected assets will receive a special relocation allowance in cash, covering transport costs and livelihood allowance. The assistance package to be provided to the severely affected PAPs for rehabilitation will be defined as per type of impact, its significance and required assistance. Impacts on structures and buildings During the detailed design stage, a detailed field survey will be implemented on the cut-off date, protocols will be prepared for each affected household (AHH) including the evaluator the factually existing property to be alienated. Impacts on trees and crops During the detailed design stage, the detailed field studies will be implemented on the cut-off date, the protocols prepared for each AHH including the evaluation of the factually existing property, assets, trees and crops. Affected Vulnerable Households During the final RAP preparation the profile and social status of the affected households will be updated based on the final LAR impacts supplemented by field investigation. If the final list of the AHHs include vulnerable households appropriate allowance will be calculated and provided to them. Social-economic survey (SES) and Census The census and SES of the AHHs/PAPs will be carried out during the detailed design phase as a part of preparing the final RAP. The list of AHHs/PAPs for the census will be defined on the basis of the precise cadastral information and identified LAR impacts. In addition to AHHs/PAPs census the socio-economic details of the affected households will be collected based on a sample socio-economic survey (SES) to obtain information on socio-economic profile and living conditions of the displaced households and further assess the LAR impacts of the project. Socio-economic information will be collected from HHs through a structured socio-economic questionnaire. The results of the AHH/PAP census and SES, as well as analysis of the data obtained from Local Governments will be presented in the final RAP. 11.2. RAP Implementation Phase WSPIU will establish/ appoint an entity to act as the Resettlement Implementation Team (RIT) and to implement approved final RAP for the Project. RIT will work under the supervision of the WSPIU and donor organization. The source of funds (either the state budget or loan funds) to cover all activities indicated in the RAP shall be decided during the signing of loan agreement. And all activities indicated in the Final RAP shall be completed prior to commencing related construction activities. In case of the small scale of the impact, WSPIU can decide to delegate the functions of RIT to one of the WSPIU units. In that case, as needed WSPIU capacity will be strengthened with the short- term services of some specialists (for example licensed measurement specialist) as needed. Major responsibilities and activities of the RIT include, but may not be limited to, the following: 1. Closely consult with PAPs and Local Authorities. Provide the public with necessary information, and ensure transparent and timely awareness-raising and communications around resettlement issues with all affected communities (not only PAPs); 2. Verify the RAP census and asset inventory data; 3. Undertake cadastral and topographic surveys and ensure correction of data of measuring and inventory if required by possible design changes; 4. Prepare contracts and/or agreements to be signed by PAPs. Negotiate and agree them with PAPs; 50 5. Prepare documentation for registration of new land plots or cadastral registration of servitude writes for the land as needed; 6. Deliver compensation. Cash compensations will be paid by bank transfer. If PAP will not have bank account, the last will be opened for him/ her by the Project free of charge. 7. Observe grievance procedures; 8. Court processing of cases where no agreement is reached; 9. Construction of infrastructure (in case the resettlement is necessary) and arrangement of relocation of PAPs; 10. Prepare RAP Completion Report. It should be noted that acceptable completion of the RAP is the precondition for commencement of civil works. 11.3. RAP Post-Implementation Evaluation Compliance review will start in parallel with RAP implementation and the Compliance Review Report will be prepared by the RIT or EMA, if available, immediately after the completion of RAP implementation. The post implementation evaluation will be done 1 year after RAP implementation. 51 XII. RAP FINALIZATION AND IMPLEMENTATION SCHEDULE A detailed RAP implementation schedule is presented in Table 6 below. Table 6. RAP Implementation Schedule Responsibil M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12 Action ity 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 RAP development RAP Consultant Preliminary RAP assessment RAP Consultant SES tools development RAP Consultant Information booklet RAP Consultant development Obtaining cadastral data and DC maps Alienation zone observation RAP Consultant/ with LAs, community WSPIU Cut-off date announcement WSPIU Public consultations with RAP Consultant/ PAPs WSPIU Census RAP Consultant Land ownership verification, RAP Consultant ownership rights registration Resolution on eminent RA Government/ domain SCWE Licensed sub- Property measurements consultant Inventory of affected RAP Consultant property Licensed sub- Property evaluation consultant Property description RAP Consultant/ protocols WSPIU RAP report development RAP Consultant RAP approval by donor bank Donor bank RAP Consultant/ RAP disclosure WSPIU RAP review/ finalization RAP Consultant Final approval by donor bank Donor bank RAP submission to RA SCWE Government RAP approval by RA RA Government Government Decree RAP implementation SCWE/WSPIU preparation RAP implementation group WSPIU formation Bank selection for compensation WSPIU implementation RAP implementation SCWE/WSPIU Compensation payments WSPIU/SCWE Compliance report RAP Consultant/ preparation WSDP WSPIU Compliance report approval Donor bank 52 CIVIL WORKS Contractor COMMENCEMENT Ongoing works Contractor/WSPIU Internal monitoring of RAP WSPIU implementation Grievance Redress WSPIU 53 XIII. RESETTLEMENT BUDGET AND FINANCING The compensation calculated for the purposes of this Preliminary draft RAP is provisional and is based on the information provided by the SCREC. The calculations were done based on the market costs provided in the reference book “The RA Real Estate Market , February 2018” published by SCREC for lands only, as during Feasibility Survey stage, both on private and community lands in the area envisaged for the Reservoir there are no buildings, structures, trees and crops. Based on the available data the total estimated cost of compensation for land (for FSL at 950m) comprises to 194,865,850.0 AMD which is equivalent to 403,515.8 USD14; the total estimated cost of compensation for land (for FSL at 951.5m) comprises to 213,514,540.0AMD which is equivalent to 442,132.32 USD15. Detailed calculation of compensation will be provided in the final RAP, and the SCWS/WSPIU will ensure that the funds for the compensation of land acquisition and resettlement are approved and allocated by the Ministry of Finance and transferred to the accounts of SCWS/WSPIU in time for the implementation of the final RAP. In addition to the estimated compensation amount for land there are various other costs (allowances, registration cost, contingency, taxes etc.), so 10% will be added to the total budget as contingency. Table 7a. Land Compensation as per Type of Land (FSL at 950m) Affected Lands, Agricultural Affected Lands, Industrial Community Other agricultural Arable land Pasture Agro-industrial Total Land Total Cost, AMD Compensation Surface, m2 Cost (unit Surface, m2 Cost (unit Surface, m2 Cost (unit cost Surface, m2 Cost (unit cost Cost (including cost cost 256.1AMD/m2) 256.1AMD/m2) 15% added to 256.1AMD/m 256.1AMD/ land cost), AMD 2) m2) Dalarik 204,510.0 52,375,011.0 - - - - - - 52,375,011.0 60,231,263.0 Lernagog 23,390.0 5,990,179.0 6,060.0 1,551,966.0 373,410.0 95,630,301.0 54,280.0 13,901,108.0 117,073.554.0 134,634,587.0 Total 227,900.0 58,365,190.0 6,060.0 1,551,996.0 373,410.0 95,630,301.0 54,280.0 13,901,108.0 169,448,565.0 194,865,850.0 Table 7b. Land Compensation as per Type of Land (FSL at 951.5m) Affected Lands, Agricultural Affected Lands, Industrial Communit Other agricultural Arable land Pasture Agro-industrial Total Land Total y Cost, AMD Compensation Surface, m2 Cost (unit Surface, m2 Cost (unit Surface, m2 Cost (unit cost Surface, m2 Cost (unit cost Cost (including cost cost 256.1AMD/m2) 256.1AMD/m2) 15% added to 256.1AMD/m 256.1AMD/ land cost), AMD 2) m2) Dalarik 246,730.0 63,187,553.0 - - - - - - 63,187,553.0 72,665,686.0 14 1 USD$ = 482.92AMD according to the exchange rate established by the Central Bank of the Republic of Armenia on 13 April, 2018. 15 1 USD$ = 482.92AMD according to the exchange rate established by the Central Bank of the Republic of Armenia on 13 April, 2018. 54 Lernagog - - 14,850.0 3,803,085.0 406,820.0 104,186,602.0 56,570.0 14,487,577.0 122,477,264.0 140,848854.0 Total 246,730.0 63,187,553.0 14,850.0 3,803,085.0 406,820.0 104,186,602.0 56,570.0 14,487,577.0 185,664,817.0 213,514,540.0 55 XIV. MONITORING AND EVALUATION WSPIU will make arrangements for internal monitoring of resettlement activities. If deemed necessary an external monitoring entity will be involved to ensure independent monitoring of RAP implementation activities, particularly for the compliance review and reporting. The RAP (and future RAPs under the Project) will be updated as a result of the findings of the RAP final audit. Resettlement activities in all components will be regularly supervised and monitored by personnel of WSPIU. Reporting on internal monitoring will be carried out by the WSPIU and included in all regular Project Progress Reports. At the end of the RAP completion, the RAP Completion Report will be submitted to the Donor Organization. Internal monitoring and supervision will: 1. verify that the census of all PAPs has been carried out; 2. assure that the RAP and baseline survey (as appropriate) has been prepared where it is required; 3. assure that property valuation and resettlement has been carried out in accordance with the provisions of the RPF and the respective RAP; 4. oversee that all resettlement measures are implemented as approved; and 5. ensure that funds for implementing resettlement activities are provided in a timely manner, are sufficient for their purposes, and are spent in accordance with the provisions of this RPF and the respective RAP. If deemed necessary in the RAP an external monitoring entity will be engaged to carry out independent monitoring of resettlement activities. In addition to verifying the reports generated by internal monitoring, external monitoring will: 6. evaluate the social and economic impact of resettlement on the PAPs; 7. verify if the objective of enhancement or at least restoration of income levels and standards of living of the PAPs has been met; and 8. as needed, provide suggestions for improvement of resettlement implementation to ensure achievement of the principles and objectives set forth in this RPF and respective RAP(s). As soon as the construction is finished, RAP will be updated if needed by WSPIU or by its consultants. It can be for example, a supervising company or external monitoring entity. 56 ANNEXES Annex 1. Cadastral Map A. FSL at 950m 57 B. FSL at 951.5m 58 Annex 2 Public Consultations Minutes, List of Participants, Photos MINUTES of Public Consultations of the Draft Resettlement Action Plan (RAP) for Mastara Reservoir Construction Project in Dalarik community of the RA Armavir Marz, on February 06, 2018 (Public Consultations notice was published on January 23, 2017 on the announcement board of the Local Government Office) Participants Pargev Saghatelyan Dalarik Community Mayor Hrant Soghomonyan Assistant Community Mayor Rostam Sahakyan Deputy Community Mayor Samvel Shahbazyan Secretary of Community Administration Staff Tatul Vardanyan Community Administration Senior Specialist Lusine Gasparyan Community Administration Staff member Marine Hovhannisyan Community Administration Referent Marine Khachatryan Community Administration Specialist Gagik Grigoryan Resident Garnik Grigoryan Resident Seda Saghatelyan Resident Slavik Poghosyan Resident Asatur Yeritsyan Design Consultant Karine Movsisyan Chief Specialist of the Center of Expertise for Environmental Impact Assessment Martiros Nalbandyan PIU Environmental Specialist Marine Vardanyan PIU Social Specialist Vram Tevosyan ESIA Expert Team Leader, Consecoard LLC Director Emma Mkrtchyan Mastara Reservoir Construction Project RAP Preparation Legal Expert, “Econom Eco” LLC 59 Speeches Pargev Saghatelyan made an opening speech presenting the objective and participants of the Meeting. It has been noted, that the community is interested in receiving information on the potential land use/acquisition and asked to present the Mastara Reservoir Construction Project Draft Resettlement Action Plan (RAP). Emma Mkrtchyan presented the objective of preparation of the Mastara reservoir Construction Project Draft Resettlement Action Plan, the results of study and mapping of the area, approximate volumes of the potential land acquisition/resettlement, as well as the RA Legislation and WB Safeguards Policies and Procedures related to the resettlement, particularly the WB’s Operational Policy on Involuntary Resettlement - OP 4.12. She also presented in details the preliminary entitlement matrix, detailing the types of assistance and compensation that different categories of affected people will be entitled to, including the additional assistance provided the vulnerable groups, as well as explained the meaning and importance of the cut-off date in the RAP implementation process. Marine Vardanyan Presented the Grievance Redress Mechanisms and processes to be used for inquiries and complaints that arise during the design, RAP preparation and construction phases. She encouraged the participants to voice all the questions and issues of concern related to the potential land acquisition/resettlement in the frames of the Mastara Reservoir Construction Project, in order to receive answers and find solutions to those. Then there were exchange of opinions, questions and answers Question Gagik Grigoryan I am the owner of a land that could potentially be used for the Mastara Reservoir Construction Project, therefore I am very interested in understanding in details some issues related to the RAP implementation. Could you please advise me if I should sell my land, as I have clients for that land now, or if I’d better wait for the Mastara Reservoir Construction Project implementation and provide you my land against compensation? Answer Emma Mkrtchyan we cannot advise you regarding that issue for several reasons: this is the Project feasibility stage and it is still unknown if the Project will be implemented, in addition, we are in the Preliminary RAP preparation stage now and the extent of compensations are to be defined during the preparation of the final RAP based on the estimations of the independent measurement specialist, and finally, your decision regarding your land should be only the free expression of your will and nobody can impose anything on you. Question Slavik Poghosyan There are so-called Saints in the area of Dalarik community, those are Chapels very dear for the community population, therefore, we are very interested to know if they also are in the lands which will be used for the Mastara reservoir. Answer Marine Vardanyan We carried out studies and found out there was no need for the acquisition of lands of the mentioned Chapels for the Mastara reservoir. Question Gagik Grigoryan If you need to acquire only part of my land, and the rest of the land may not be used anymore, what will I do then? Answer Emma Mkrtchyan Payment of cash compensation for lost assets may be appropriate in cases when the land taken for the Project is a small fraction of the entire asset, land-based livelihood, which is still economically viable. Estimates 60 whether the remaining land or structure is viable for continued use will be done in inventory phase, and if it turns out that the remaining land or structure is not economically viable, it will also be acquired at its full replacement cost. Question Hrant Soghomonyan You provide compensation for private lands, but do you also envisage providing compensation for community lands? Answer Martiros Nalbandyan The community may also claim and receive compensation for its lands. Wrap-up and closing remarks Pargev Saghatelyan As we already mentioned at ESIA consultations, our community is looking forward to the implementation of the Project, as this reservoir was a long cherished dream for so many people. We would like to thank the Expert Team for the RAP presentation and express our readiness to support in Project preparation and implementation works. 61 MINUTES of Public Consultations of the Draft Resettlement Action Plan (RAP) for Mastara Reservoir Construction Project in Lernagog community of the RA Armavir Marz, on February 06, 2018 (Public Consultations notice was published on January 23, 2017 on the announcement board of the Local Government Office) Participants Sargis Margaryan Community Mayor Gor Galstyan Community Administration employee Aleksandr Davtyan Community Administration Secretary Varditer Galstyan Community Administration first category specialist Servenik Avetisyan Community Administration employee Andranik Ghazaryan Resident Mher Miroyan Resident Mkrtich Sukiasyan Resident Asatur Yeritsyan Design Consultant Karine Movsisyan Chief Specialist of the Center of Expertise for Environmental Impact Assessment Martiros Nalbandyan PIU Environmental Specialist Marine Vardanyan PIU Social Specialist Vram Tevosyan ESIA Expert Team Leader, Consecoard LLC Director Emma Mkrtchyan Mastara Reservoir Construction Project RAP Preparation Legal Expert, “Econom Eco” LLC Speeches Sargis Margaryan made an opening speech presenting the objective and participants of the Meeting. It has been noted, that the community is interested in receiving information on the potential land use/acquisition and asked to present the Mastara Reservoir Construction Project Draft Resettlement Action Plan (RAP). Emma Mkrtchyan Presented the objective of preparation of the Mastara reservoir Construction Project Draft Resettlement Action Plan, the results of a study and mapping of the area, approximate volumes of the potential land acquisition/resettlement, as well as the RA Legislation and WB Safeguards Policies and Procedures related to the resettlement, particularly the WB’s Operational Policy on Involuntary Resettlement - OP 4.12. She also presented in details the preliminary entitlement matrix, detailing the types of assistance and compensation that different categories of affected people will be entitled to, including the additional assistance provided the vulnerable groups, as well as explained the meaning and importance of the cut-off date in the RAP implementation process. Marine Vardanyan Presented the Grievance Redress Mechanisms and processes to be used for inquiries and complaints that arise during the design, RAP preparation and construction phases. She encouraged the participants to 62 voice all the questions and issues of concern related to the potential land acquisition/resettlement in the frames of the Mastara Reservoir Construction Project, in order to receive answers and find solutions to those. Then there were exchange of opinions, questions and answers Question Sargis Margaryan who is eligible for compensation for trees and how will the compensation cost be estimated? Answer Emma Mkrtchyan All PAPs, regardless of legal status will receive cash compensations for trees at replacement cost based on the type of tree: Particularly, wood trees will be valued based on the category (a. seedling; b. medium growth and c. full growth) and wood value and volume; decorative trees will be valued based on market value of the tree; fruit/ productive trees will be valued based on the category (a. seedling; b. adult-not yet fruit bearing; and c. fruit bearing). Stage (a) and (b) trees are compensated based on the value of the investment made; stage (c) trees are compensated at net market value of 1 year income x number of years needed to grow a new fully productive tree. Question Sargis Margaryan what is the procedure for defining and announcing the cut-off date? Answer Marine Vardanyan As we already mentioned, the eligibility for compensation will be limited by a cut-off date, and the PAPs, who occupy Project affected areas after the cut-off date are not eligible for compensation. The precise cut- off date will be publicly announced by the WSPIU and Local Authorities in advance, immediately being followed by the PAPs census survey/assets inventory. All people, organizations moving into the project area and/or people conducting construction works, planting trees, etc. after the cut-off date are non-eligible PAPs and thus will not receive any compensation. They, however, will be given sufficient advance notice, requesting them to vacate their premises and dismantle affected structures prior to project implementation. Question Andranik Ghazaryan What if I bought my land say for a very high or for a very low price, will it somehow affect the compensation cost, as now I am the owner of that land and do not want to provide it for a small compensation. Answer Emma Mkrtchyan No, the price you paid for your land or construction may not affect the compensation cost. As we have already mentioned, the registered landowner receives the following compensation: cadastral or market price, whichever is higher, and additional 15%. The additional 15% is provided by the RA Legislation, and as, in this case the RA Legislation is more beneficial for the PAPs than the WB OP 4.12, and it’s been decided to apply the provisions of the RA Legislation. Question Mkrtich Sukiasyan Could it happen that today you promise to compensate for the lost lands and structures and tomorrow you come and take them without any compensation? Answer 63 Marine Vardanyan We assure you it will never happen. According to the safeguards procedures we apply for the involuntary resettlement, the construction cannot commence before all the PAPs receive the compensations they are eligible for. Question Andranik Ghazaryan The cadastral costs of lands compared to their market costs are lower, so could it happen that you pay us by the cadastral cost, i.e. pay us less then we could have received. Answer Emma Mkrtchyan No, as we have already mentioned you will be compensated at the cost which is most beneficial for you, i.e. at market or cadastral cost, whichever is higher. Question Mher Miroyan And how is the market price of the land defined? Answer Emma Mkrtchyan The market value of the real estate is defined as per the RA Law on Real Estate Valuation Activity. Wrap-up and closing remarks Sargis Margryan as we already mentioned at ESIA consultations, despite the fact that our community is not a beneficiary of the reservoir, we are looking forward to the implementation of the Project. We would like to thank the Expert Team for the RAP presentation and express our readiness to support in Project preparation and implementation works. 64 Photos Public Consultations in Dalarik Public Consultations in Lernagog 65 66 67 68 69 70 71 72 73 Announcements on Public Consultations In Dalarik Community 74 In Lernagog Community 75 Annex 3․ Information Booklet (Preliminary) 76 77 78 79 80 81 Annex 4. Letters from Local Authorities Cadastral maps for the RA Armavir Marz Dalarik community lands were compared with the community lands maps of Dalarik Municipality in the frames of Mastara Reservoir Project Resettlement Action Plan development activities. It turned out that the cadastral maps of the land plots in the area of the reservoir are identical with those available in Dalarik municipality without deviations. P. Saghatelyan Dalarik Village Mayor 82 The area selected for Mastara reservoir construction during MRP feasibility study (according to the attached map) are not used by Dalarik community as pastures due to poor vegetation. The river is used for watering the cattle. After the construction of the reservoir other sections of the river will be used for the same purpose. P. Saghatelyan Dalarik Village Mayor 83 Cadastral maps for the RA Armavir Marz Lernagog community lands were compared with the community lands maps of Lernagog Municipality in the frames of Mastara Reservoir Project Resettlement Action Plan development activities. It turned out that the cadastral maps of the land plots in the area of the reservoir have some deviations from those available in Lernagog municipality. S. Margaryan Lernagog Village Mayor 84 The area selected for Mastara reservoir construction during MRP feasibility study (according to the attached map) are used by Lernagog community as pastures as they are close to water. S. Margaryan Lernagog Village Mayor 85