Social Accountability Pilot in Mining Sector in Afghanistan GRIEVANCE REDRESS MECHANISM TRAINING MANUAL AT AYNAK INTERNATIONAL RESCUE COMMITTEE CDR PROGRAM The key purposes of the SA Pilot are:  To assist the relocating households in building their capacity to monitor the implementation of the RAP;  To educate PAFs about the grievance redress mechanism and to publicize the complaints procedures to the affected families; April 2013 Implementing Agency: International Rescue Committee (IRC) CDR Program Grievance Redress Mechanism -Training Manual The government of Afghanistan prepared its first resettlement action plan (RAP) in January 2012 for the PAFs at Aynak area of Logar province. The RAP covers the initial five villages, where there were need for relocation of PAFs and land acquisition. Table 2.1 below provides details of the affected villages under the Aynak RAP. The RAP includes compensation details with livelihood restoration measures for the affected people as well as budget for delivering essential services at relocated site in As-hab Baba town. The RAP also includes complaint handling procedures and arrangements for implementation and monitoring. There is a Grievance Redress Committee (GRC) already in place, which includes members from the relevant stakeholders including a community representative. The WB has initiated social accountability pilot in mining sector in Afghanistan and the key purpose of this initiative is to assist the relocating households in building their capacity to monitor the implementation of the RAP. The social accountability pilot is intended to provide training for the affected people in knowing their rights and entitlements as per RAP and awareness on the functioning of the GRC. This training manual on grievance handling has two sections; (i) summary of Aynak RAP, (ii) training for the affected people on functioning of GRC. The session on “summary of Aynak RAP” will be conducted by a representative from Aynak Project Authority of MoMP and the IRC’s local staff will be responsible to publicize the complaints procedures to the affected families and will also be responsible for the implementation of the social accountability pilot. There are five villages in the area around Aynak mine which will be directly affected due to the mining and associated activities. The names of these villages are given below: Table2.1: Number of PAFs in 5 villages Sr. No Name of Resident PAFs Absentee PAFs Total Village 1 WaliKillai 42 13 55 2 KoozChinarai 20 18 38 3 Adam Killai 0 10 10 4 Bar Chinarai 0 7 7 5 SisoTangai 0 7 7 Total 62 55 117 The absentee families will be given compensation only after they prove their identity through National Identity Card, (tazkara) etc. the compensation amount for these families will be kept in Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual a separate account in the bank. These families will be given a time period of one year to claim the compensation and if they do not claim in this period, this money will be credited to government account. Efforts will be made to reach out to these families through village heads, local mosques and information brochures, pamphlets at MCC office, office of Loagar Governor, sub Governor etc. (Ref: Aynak RAP section 1 page 12). Cut-off dates was for eligibility under this RAP established as 1st July 2010 to determine the number of PAPs and compensation for which they are eligible based on the ownership of land, customary rights, houses and other immovable assets. The cut-off date was informed to the villagers through the information pasted in the local office of MJAM, local offices of the government, announcements in the local area etc. 2.4 The Aynak project Authority of MoM has the responsibility to conduct separate sessions for both male and female project affected members to describe details of compensation as per the approved RAP for Aynak.The IRC’s local staff will facilitate training sessions. Table 1.2: Summary of compensation details S/N Type of Losses Eligibility and compensation Responsibilities 1 residential land (i) MCC losses (i) Cash compensation: Cash compensation at the rate of 37,500 Afswill bepaid to eachaffected familyfor their residential land losses. This is the price of 2.5 beswa of land at the (ii) Government price 15000 per beswa. It will be paid by MCC. (ii) New plots in As-hab Baba town: Government will provide free of cost plot of land of the size 450 square meters to each displaced family in resettlement site ( Ashab Baba). (iii)-Additional assistance for rent and shifting materials) (iii) MCC A lump sum shifting and rental allowance of a total of 10,000 Afsto each affected family. 2 Agriculture Land (i) Cash compensation (i) MCC loss Presidential decree (2/8/1390):- (Title holders)-Compensation for loss of agriculture land at the rate of 300,000 Afghanis per Jerib of lost land Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual Government to allocate 10 Jeribs of Grade 7 agriculture land to each displaced family to (ii) government compensate them for the loss of livelihood to these families. 3 Loss of structure (i) Compensation for loss of houses: MCC Cash Compensation on the basis of rate quoted by the villagers for their houses, number of rooms in the house and family size. (ii) Compensation for loss of boundary walls:  The compensation value of mud boundary wall is 130Afs per square meter,  220 Afs per square meter for masonry wall and veranda,  300 Afs of labor rates for digging of 1 meter of well, since water is available at about 40 meters therefor the average compensation value of the well has been taken as 12000Afs. 4 Loss of trees and (i) Compensation for lost tree: MCC crops Fruit tree:  The fruit tree of one year will be compensated 1400 Afs.  Fruit tree of 2 years at 2100Afs.  Fruit tree of 3 years at 2800Afs. Non fruit tree:  Tree of the age between 1-3 year will be 300Afs,  Tree of 3-5 years 1000Afs.  Trees of 5 or more years 1500Afs. (ii) Compensation of crops:  There is no compensation considered for crops, because it is an arid area and there are hardly any crops in the field and whatever is there, people will be harvesting it before shifting out. 5 All eligible PAPs will be ensured job at the Aynak mine. MCC livelihoods Those engaged in agriculture are being provided MoMP livelihood through a piece of agriculture land being allocated by Government to each PAF (Project Affected Family). 6 Loss of Relocated site at As-Hab Baba town: MoMP community  The new relocated site at As-hab Baba includes the structures (i.e. essential facilities like Mosque, school, cemetery, mosque, water network system (house connection), access road, cemetery and drains, and flood protection. etc).,.  There are a total of 512 plots of the size of 450 sq. m in the As-hab Baba site.  Proper consultation will be made with PAPs during allocation of plots at the resettlement site. Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual Some measures are proposed below for restoring livelihoods of the PAPs:  The MCC/MJAM has the obligation to offer skills training to the PAPs and to provide 240 days of man-days of work annually. The females in the area could be provided skill training in jewelry making and they could use the copper slag available at the mine site to make jewelry, which could be an important source of livelihood for them.  Government will also support the displaced families by giving them each 10 Jeribs of Grade 7 agricultural land in Mohammad Agha district as a livelihood restoration measure. Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual The following guide on grievance redress mechanism is prepared; (i) to inform PAFs about the present arrangements for grievance handling, (ii) to describe procedures to submit complaint (to inform PAFs about where to go and who to contact if they have a compliant), and (iii) to educate PAFs on how to fill the compliant form. The IRC local staff has the responsibilities to conduct sessions to the affected communities for building awareness about the process of grievance handling. The implementing agency/IRC will conduct a total of 12 training sessions (six sessions for male members and six sessions for female members) on the above topics related to grievance redress mechanism. The following table includes number of sessions, which will be conducted on grievance redress procedures for Ayanak: Table 3.1-sesions on GRM Topics Sessions To inform PAFs about the present arrangements for Session-1 grievance handling To describe procedures to submit complaint Session-2 To educate PAFs on how to fill the compliant form Session-3 Table 4.1- session 1 topics: S/N Topics of the session 1 of the GRM manual 1 Purpose of the training manual 2 Aynak Grievance Redress Committee 3 Key Responsibilities and functions of GRC There will be a total of 3 training sessions conducted on GRM to each group. There are currently four groups of the PAFs (Wali Kali -2 groups, male and female members, KozChinary 2 groups, same separate male and female groups). The main purposeof this training manual is to educate PAFs about the grievance mechanism and to publicize the complaints procedures to the affected families. It will also inform PAFs about the present arrangement for grievance handling and to assist them to seek redress to unresolved grievance from land acquisition, resettlement dispute and it will also facilitate people who might have objections or concerns regarding the project activities to raise. Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual A broad Grievance Redress Committee has been formed comprising of:  Representative from Aynak Authority.  Representative from Ministry of Agriculture.  Representative from Logar province Governor.  Representative from M.Agha district governor office.  Representative from civil society organization.  Representative form MCC Company.  Representative from Social Development Advisory of Ministry of Mines.  Representative from Aynak PAFs/ CDCs (secretary of the elected CDC). Structure of GRC for Ayank Head of GRC Member Rep. of Social Rep. of local / Representative Representative Secretary (Aynak Rep of NGO Department, Rep. of PAF Provincial Govt. MoM of MCC from MAIL Authority)  Elect among themselves their Chairman and Secretary to GRC who will assist in organizing meetings of GRC.  Have meetings every two weeks to meet the villagers who have grievances so as to redress them.  Ensure that handling of grievances is in accordance with Afghan law and World Bank procedures.  Ensure that follow-up actions in response to grievances are taken within an agreed time- frame.  Maintain a database of all registered grievances, along with details on the nature of the issues raised the case history, and actions taken.  Report on outstanding/resolved grievances a weekly basis to the Aynak Authority particularly the serious cases.  Coordinate with MCC, Government departments, at district, provincial and national level and civil society organizations for resolving the grievances of the local communities.  Ensure the availability of grievance forms (in Dari & Pashtu) in the project area. The blank grievance forms is attached herewith  Coordinate with community representatives on the efficacy and usefulness of grievance redress Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual  procedures and recommend changes if any required to Ministry of Mines  Undertake site visits to assess issues raised by those who lodge grievances. S/N Topics of the session 2 of the GRM manual 1 How to submit a complaint form? 2 Community dialogue 3 Grievance Redress Committee 4 Aynak Appeals Board 5 Timeline for Meeting 6 Procedure for handling grievances of women 7 How will the absentee families address their concerns or complaints 8 Central Database How to submit a complaint form? There are a variety of channels to handle complaints:  The complaints might be submitted to the village elders/CDC, the district or provincial representative to whom the community people might have ease of access.  They can also submit their complaint to Aynak Authority officials directly on week days during office hours.  The complainants can put their grievances into the complaints boxes, which then will be open during the GRC meeting.  Received complaints that might be of any grievance or which would be submitted to any source should be registered in the Complaint Registration Form at the first stage and signature or finger print should be taken on the form from the person complaining.  The IRC local staff will acknowledge the receipt of complaints and log them into central register book. There may be complaints that might be solved before reaching to the GRC meetings. The complaint form and details of the case solved should be recorded and maintained for future uses.  The implementing agency has the responsibility to provide complaint registration form and the register book. They should also assist the complainant in filling of the form.They will also inform complainant about the timeframe in which a response can be expected. Note: There is separate session considered on how to fill the complaint registration form. Schedules for decisions Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual (1) Community dialogue  The designated Aynak Authority officials along with staff of SDRC will first try to resolve issues of local communities through community dialogue (CDC)  The minutes of the meetings will include details of the grievance and the manner of its resolution - or need for referral.  A written confirmation will be issued to the complainant, if the case resolved  IRC will facilitated the meeting Time line: The complaint should be solved within one Week and final written report to be submitted to GRC within two weeks. (2) Grievance Redress Committee (GRC)  If a grievance cannot be resolved through community dialogue-  A copy of the registered complaint will be forwarded to Secretary of GRC who will then put it up to GRC for consideration.  The GRC’s meetings are held every second week to assess grievances, identify action to be taken and assign responsibility for follow-up  Along with the details of each case, recommendations for referral or action will be entered into a database  IRC will prepare a minutes of meeting  SDRC will report to MoM about the disposal of complaints in the project coordination meetings.  The decisions taken by the GRM should be announced in written to the parties who had complained so that they are convinced on the decision taken. Time line: action should be taken within 2 two weeks for all those complaints submitted to the GRC. (3) Aynak Appeals Board(AAB)  Cases that prove impossible to resolve through community dialogue or the GRC may be referred to an (AAB) to be appointed by H.E. MoM.  The AAB will send its response to MoM in cases AAB is not able to resolve the complaints of the villager or group of villagers, Ministry will then examine the complaint and if it is still not possible to resolve, will refer it to court of law. Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual The GRC committee will meet once in two week and everyone can submit and present their compliance to this committee directly or through the CDC. The GRM for Aynak is accessible to diverse members of the affected communities’ members, including women. Multiple points of entry will be available, including face-to-face meetings, written complaints, telephone conversations, or e-mail. The IRC social staff (female community mobilizer) will conduct separate session for the affected women to educate them about the procedures for lodging complaints. The affected women can submit their complains to the female CDCs then this is responsibility of CDC to assist the complainant in filling of Grievance registration form There are overall 117 families in 5 villages, out of which 55 families are absentees. The absentee families are also eligible to receive compensation. As per the approved RAP the absentee families will first have to prove their identity through the tazkara or national identity. Once they proved their identity, then they can also address their concerns through the channels introduced. The implementing agency/IRC and the MoM’s Social Department will have overall responsibilities to maintain records of the grievances in the complaint log or central database. All grievances need to be recorded in a database along with outcome of grievance redress and closely monitored and analyzed in term of category of grievance of speed of resolution. Also the GRC will ensure that the database of all grievances submitted is updated on a regular basis, and that information on the status of individual cases is made available to the head, Aynak Authority and Ministry of Mines as required. According to above information we can say that all submitted complains and grievance will be added to a well-developed database and each complaint and grievance should be ranked, analyzed and monitored according to the kind, accessibility and degree of priority. Topics of session 3 S/N Topics of session 3 1 Filling of the Grievance Registration form 2 Monitoring of complaints follow-up 3 Type of Grievances 4 The form for Monitoring of Grievance Redress Committee 5 Complaints Registration Form The implementing agency/IRC will conduct training sessions to train CDC and the PAFs’ members on how to fill the form (Annex 1). As most of the villagers are illiterate, so the trained Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual literate villagers and CDCs can help illiterate villagers in filling the form. On the other hand, the implementing agency will provide sufficient forms to the PAPs/CDC, since the villagers have no Complaint Registration form. The CDC will maintain empty form in their file. Once a complainant filled the form then it is the responsibilities of CDCs to present the form to the GRC. After resolving the Grievance a written confirmation will be issued by Aynak Authority to the complainant. For easy access of villagers to the grievance registration form and its filling it is necessary that:  IRC should handover sufficient copies of Grievance Registration forms to the CDC.  IRC should inform the villagers during the training sessions regarding availability of form with the CDCs.  IRC should train CDC and the villagers regarding, filling the form and presenting the form at the time of Grievance committee meetings.  CDC should have the form in their files for using.  Villagers can get the form from CDCs.  The CDC or literate member of the community will help illiterate villager in filling the form. The Social Development and Reconstruction Unit SDRC (this unit headed by head Aynak Authority will have members from Aynak Authority dealing in social issues, representative from Provincial and Local government ) will carry out internal monitoring of RAP on a monthly basis. It will prepare quarterly progress reports. The monitoring process will take into account communication with PAPs, assessment of their reactions on entitlements, valuation of properties; usage of the grievance redress mechanism and disbursement of compensation amounts and other assistance. Implementation process of RAP will be regularly monitored and checked by SDRC. Internal monitoring shall include: a) Clarifying information desired by PAFs and evaluate damaged assets, review compensation, land acquisition and resettlement based on regulations; b) Monitoring whether RAP personnel implement in accordance with design and planning or not; c) Monitoring that allocated funds for project implementation are used timely and for intended purposes as requested and approved in the RAP; d) Using database of GRM, look into all complaints and settlement options and ensure that grievance redress is solved within the stipulated period. e) Monitor that PAPs receive full compensation as per RAP in a timely manner and without hindrance There was an assessment of the types of grievance conducted and as per the findings to date the following types of grievances are likely to arise during Aynak RAP implementation: Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual The types of grievances given below are mostly related to RAP implementation, however, the training manual is open to a wide range of concerns and it includes other types of grievance, which could be raised during the process. Table 4.1- type of grievances that can be encountered: Type of grievances Examples Responsibilities Complaint related to The PAFs may have to address concerns related GRC compensation for the lost to processing of cash compensation for their lost residential residential land or structures, i.g. boundary wall, land/structures: verandah, and etc., if not happened earlier. (The approved RAP for Aynak includes full details, including measurements of structures for each individual PAP. Summary of compensation details for the lost residential land/structures is given in table 1.2 above. )  The relevant government agency (s) may fail GRC for Aynak to allocate agriculture land for the PAFs as per the approved RAP. Complaint relevant to  The PAFs may feel they are not fairly/fully compensation for lost compensated and or may have any concern Agricultural Lands: related to the process of agriculture land allocation. (Summary of compensation details for the lost agriculture land is given in table 1.2 above).  PAFs may have concerns over compensation GRC for Aynak (i.e delay in compensation payment) for fruit Complaint related to tree and non-fruit trees. compensation for lost (The compensation details for fruit tree and non-fruit trees are fruit trees and non-fruit given under summery of compensation. The Aynak RAP trees includes full details for each individual. )    PAFs may have concerns over the GRC for Aynak process of allocation of new plots in the relocated site (i.e.delays in distribution of Claim over allocation of new plots). new plots in relocated  Claim over location of new plots (i.g. site at Ashab Baba some of the affected families may claim township that the new plot should be close to their tribe people. The summery of compensation in table 1.2 contains details on new plots.  The PAFs may have concerns that the GRC for Ayank Complaint over provision relocated site in As-hab Baba town doesn’t of essential facilities at include all the essential facilities, promised Resettlement site. in the approved RAP.  The PAFs may have complaint regarding provision of essential services, i.e. delays in Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual water network-house connection system.  The PAFs may feel that the MCC doesn’t GRC Complaint over providing provide on-the job skill training and or training and employment employment, which has been promised in the approved RAP.  There may be complaints regarding the CDC process of election for CDC, or in their role GRC (or that of the implementing agency). Ideally, such issues can be resolved between the CDC and the complainant, with the Complaint over CDC facilitation of staff from the implementing formation. agency/IRC social team members as appropriate. If any Grievance remain unsolved then the complainant can present the complaint to the GRC.  Annex-1: Monitoring of Grievance Redress Committee: The work of the GRC will be monitored as per the table given below: Name aggrieved held (with date0 No of meetings Time taken for Status of case Reference to court or not resolution grievance Remarks Type of person Status Sl no (see RAP section 7.2 SDRC and 9.1 Internal Monitoring and 9.5 monitoring of grievance redressal committee). Prepared by IRC/CDR Department Grievance Redress Mechanism -Training Manual Annex-2 Complaints Registration Form General Information: Village: ………………………………… District: ………………………………….. NAME OF COMPLAINANT: _______________________________ Taskara(ID)namber: ______________________________ ADDRESS: _________________________________________________ Telephone # : __________________________________ Please point out your complaint from the below list:-  CDC Formation  Inter- community dispute  Process delays.  Compensation for losing of assets.  Other (Specify). Brief description of the grievance: What is the perceived cause? Suggested action (by complainant) to address grievance: Complainer’s Sign and Finger Print……………………………………………………………………..……. Date……………………………………………………………. Receiver and recorder of the issue / complaint Name…………………………………………………………………………………………... Job title…………………………………….……………………………………………….. Sign……………………………………………………………………………………………... Date…………………………………………………………………………………………. Prepared by IRC/CDR Department