SFG2410 ISLAMIC REPUBLIC OF AFGHANISTAN Ministry of Public Works (MPW) And Ministry of Rural Rehabilitation and Development (MRRD) National Rural Access Program (NRAP) Resettlement Policy Framework (RPF) To guide resettlement and compensation related issues For AFGHANISTAN RURAL ACCESS PROJECT ADDITIONAL FINANCING (ARAP AF) July-2016 1 Table of Contents ABBREVIATIONS: ...................................................................................................................................... 3 1. PROJECT DESCRIPTION .................................................................................................................... 4 2 OBJECTIVES OF THE RESETTLEMENT POLICY FRAMEWORK (RPF) ..................................................... 6 3 LEGAL & POLICY FRAMEWORK FOR RESETTLEMENT ........................................................................ 7 3.1 AFGHAN LAW & POLICY ON LAND ACQUISITION ...................................................................................... 7 3.2 WORLD BANK OP 4.12 ...................................................................................................................... 8 4. ELIGIBILITY FOR COMPENSATION .................................................................................................. 20 4.1 GENERAL ELIGIBILITY ......................................................................................................................... 20 4.2 LAND TENURE AND COMPENSATION ENTITLEMENTS ............................................................................... 20 4.3 ENTITLEMENTS TO COMPENSATION & LIVELIHOOD RESTORATION ............................................................. 21 5. UNIT COMPENSATION RATES AND BUDGET .................................................................................. 24 5.1 ESTABLISHING RATES FOR LAND ACQUISITION & RESETTLEMENT ............................................................... 24 5.2 VALUATION OF LAND ........................................................................................................................ 24 5.3 VALUATION OF STRUCTURES .............................................................................................................. 24 5.4 VALUATION OF CROPS AND TREES ....................................................................................................... 25 5.5 LIVELIHOOD RESTORATION SUPPORT ................................................................................................... 25 5.6 MATRIX OF COMPENSATION ENTITLEMENTS AND RATES .......................................................................... 26 6. INSTITUTIONAL ARRANGEMENTS .................................................................................................. 36 6.1 GENERAL ........................................................................................................................................ 36 6.2 OVERALL ORGANIZATION................................................................................................................... 36 6.3 PROJECT IMPLEMENTATION................................................................................................................ 37 7. PUBLIC CONSULTATION AND PARTICIPATION................................................................................ 39 7.1 GENERAL PUBLIC CONSULTATIONS ...................................................................................................... 39 7.2 PUBLIC CONSULTATION ..................................................................................................................... 39 7.3 VILLAGE MEETINGS .......................................................................................................................... 39 7.4 CONSULTATIONS WITH GOVERNMENT OFFICIALS AND OTHER STAKEHOLDERS.............................................. 39 7.5 PREPARATION OF PROJECT SPECIFIC INFORMATIVE MATERIAL................................................................... 39 7.6 DISCLOSURE .................................................................................................................................... 40 8. PREPARATORY ACTIONS AND IMPLEMENTATION SCHEDULE ........................................................ 42 8.1 PREPARATION ACTIONS ..................................................................................................................... 42 8.2 PROCESS OF RAP IMPLEMENTATION.................................................................................................... 43 9. COMPLAINTS AND GRIEVANCE REDRESS ....................................................................................... 45 10. MONITORING & EVALUATION ............................................................................................................ 46 10.1 GENERAL ........................................................................................................................................ 46 10.2 INTERNAL MONITORING ................................................................................................................... 46 10.3 INDEPENDENT-THIRD PARTY MONITORING ........................................................................................... 47 10.4 MANAGEMENT INFORMATION SYSTEMS ............................................................................................... 48 10.5 REPORTING REQUIREMENTS ............................................................................................................... 48 1 APPENDIX 1: GUIDELINE FOR ABBREVIATED RAP........................................................................... 49 2 2 APPENDIX 2: GUIDELINES FOR LAND DONATION AND COMMUNITY COMPENSATION .................. 51 Abbreviations: AF Additional Finance ARP Abbreviated Resettlement Plan ARAP Afghanistan Rural Access Project CDC Community Development Council ESMF Environment and Social Management Framework ESMO Environment &Social Management Officer ESMP Environment and Social Management Plan ESMU Environmental and Social Management Unit GRC Grievance Redress Committee LAC Land Acquisition Committee LGU Local Government Units LLE Law on Land Expropriation MoEW Ministry of Energy and Water MoF Ministry of Finance MoJ Ministry of Justice MoU Memorandum of Understanding MoPW Ministry of Public Work MRRD Ministry of Rural Rehabilitation and Development NGOs Non-Governmental Organization NRAP National Rural Access Program O&M Operation and Maintenance OP/BP Operational Policy/Bank Policy PAF Project Affected Families PAP Project Affected Person PIU Project Implementation Unit R&R Resettlement and Rehabilitation RAP Resettlement Action Plan ROW Rights of Way RPF Resettlement Policy Framework SIC Social Inclusion Committee THRCP Trans-Hindukush Road Connectivity Project TPM Third Party Monitoring WB World Bank 3 1. Project Description The proposed additional finance and changes include the following: Component A: Secondary Road (US$105 million) Financial gaps for revised construction costs (US$69 m): The sub component is to cover the financial gaps of US$69 million for the construction of works for about 392 kilometer gravel road and 92 kilometer asphalt pavement upgrading. The roads have been identified in the parent project. Network expansion (US$33.5 m): The sub component supports: (a) the civil works of extending road network to 2 selected isolated areas, namely Wakhan Corridor and Nuristan Province, which include about 100km road improved from donkey path to secondary road standard and about 20 kilometers asphalt pavement to connect provincial capital to national highway network; and (b) paving selected heavy traffic secondary road to corridors, which include asphalt pavement construction works on about 110 km road; Operation and Maintenance (O&M) supports on national road network (about $2.5 million): O&M supports to MPW are focused to improve the capacity of 4 selected provincial departments (Bamyan, Baghlan, Parwan and Kabul) and headquarter departments to improve the efficiency and lower down market barriers to involve mini and small rural enterprises and local communities in O&M. This subcomponent includes civil works of maintenance camps at selected locations, procurement and installation of emulsified and modified asphalt in the camps, procurement and installation of traffic counting and road condition data collection apparatus and technical assistance of transplant and mainstreaming road asset management system to existing government system, traffic counting and road condition data collection and evaluation, and setting up community based and output based maintenance mechanism. Component B: Tertiary Road (US$40 million) Accessibility improvement and pilot job creation measures (US$38.5 million), which is mainly tertiary road construction and upgrading with aims to provide basic access (tertiary roads, about 150 km unpaved road) to villages in the above 2 isolated areas (Wakhan Corridor and Nuristan Province,) and improve accessibility in Bamyan Valley (about 15 km paved road with local materials and traffic management facilities) and leverage job opportunities to the 4 selected areas that with national famous agriculture products or local handicrafts. The selected local products, e.g. Jalalabad Province fruit products and Kabul Province porcelain products, are sensitive to transport services and the activities include construction of 100 km unpaved road and upgrading 150 km 4 unpaved with low cost pavement. Relevant works to enhance the transport service chain, e.g. loading/unloading area, storage places, are also included with the road works. The beneficiary rural enterprises will be assigned with the responsibility of operation and maintenance. CDC and local provincial departments of rural development will monitor and evaluate the O&M performance. Operation and Maintenance (O&M) supports for tertiary road network (US$1.5 million): The O&M activities are to be focused on the above selected provinces. MRRD is the rural infrastructure and service facilitator for villagers. O&M supports to MRRD are focused to assist provincial departments to set up tertiary road inventory system and supervise CDCs and beneficiary enterprises on O&M. Component C Institutional strengthening Vocational training: Having seen the shortage of skill labor and experienced engineers in the job market, the project will enhance its vocational training program for road professionals. The subcomponent includes expanding internship programs to graduated professionals, and skill training to staff of contractors, employees of private consulting firms and local communities. The component will sponsor MPW and MRRD to utilize their own fixed asset, like classrooms, and hire experienced engineers and proper teachers via consultant contracts. Other technical supports: include studies of commercializing implementation service delivery, analysis of feasible measures of enhancing the client functions of project planning, study of quality assurance and fiduciary (procurement, financial management and contract management) management; and policy research to involve private sector. In addition, the following changes are proposed: (i) update of the result framework to better capture the intended outcomes of the proposed scale up on job creation; (ii) triggering O.P. 4.11 Physical Cultural Resources to achieve added value; (iii) review and revision of Finance Management risk mitigation measures; (iv) extension of closing date of existing ARAP project by 2 years to March 31, 2020; (v) revision of components, costs and financing plan to reflect the proposed additional fund; and (vi) revision of disbursement estimation of both parent project and the additional finance. 5 2 Objectives of the Resettlement Policy Framework (RPF) A Resettlement policy framework is prepared because the extent and location of all sub- projects to be financed under ARAP- AF activities cannot be known at appraisal. The policy framework for ARAP AF activities establishes resettlement objectives and principles, organizational arrangements, entitlement matrix and eligibility criteria for any resettlement operation that may be necessary during project implementation. The RPF of Afghanistan Rural Access Project (ARAP) AF activities is customized from the RPF approved by the line ministries for the World Bank funded THRCP project of MoPW. THRCP is a linear project like the present project, and the RPF thus only required minor customization to be applicable. The THRCP RPF was based on a RPF developed in December 2010 by Ministry of Energy and Water, reviewed and approved by an inter-ministerial committee and cleared by the World Bank. The present RPF was carefully reviewed and consulted in both MoPW and MRRD, which adopted it in order to align with existing RPFs in other line ministries and have a consistent policy across major investment projects. The Abbreviated RAPs for the road sub-projects (where needed) will all be subject to consultations with the affected peoples. The objective of this RPF is to outline the principles of resettlement and compensation thereof as and when the project reaches that stage. This will not only ensure consistency in resettlement planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Lessons learnt during the course of implementation can easily be integrated in improving the various issues related to resettlement planning and its monitoring. The resettlement policy needs to be consistent with both of the following policies: 1. Existing local laws and policies related to land acquisition and compensation and; 2. World Bank’s Operational Policy 4.12 which deals with Involuntary Resettlement. The guiding principles of this framework are: 1. All PAPs are eligible for compensation for losses resulting from project intervention, irrespective of possession of title to land. However, for compensation for land a title or some other acceptable evidence would be required. 2. All compensation will be at replacement value. 3. All stakeholders particularly PAPs will be consulted and consultation will be an on- going activity of the project. 6 3 Legal & Policy Framework for Resettlement 3.1 Afghan Law & Policy on Land Acquisition There is no country specific resettlement policy in Afghanistan. A comprehensive land policy was approved in 2007 by the cabinet; however it has yet to be fully operationalized. Ratified in early 2004, the Constitution of Afghanistan has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, the Law on Land Expropriation (LLE) enacted in 2009 provides that: (i) The acquisition of a plot or portion of a plot for public purpose is decided by the Council of Ministers and is compensated at fair value based on current market rates (Section 2); (ii) The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or hamper its use. If this difficulty arises, the whole property will be acquired (Section 4); (iii) The right of the owner or land user will be terminated three months prior to the start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Section 6); (iv) In cases of land acquisition, the following factors shall be considered for compensation: (a) Value of land; (b) Value of houses and buildings on the land; (c) Value of trees, orchards and other assets on land (Section 8); (v) The value of land depends on the category and its geographic location (Section 13) (and see too proposed new clause 45 of the Land Management Law published in December 2012); (vi) A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He/she has the option to get residential land or a house on government property in exchange, under proper procedures (Section 13); 7 (vii) If a landowner so wishes his/her affected plot can be swapped with unaffected government land and if this is valued less than the plot lost, the difference will be calculated and reimbursed to the affected plot owner (Section 15); (viii) The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16); and (ix) A property is valued at the current rate at the locality concerned. The owner or his/her representative must be present at the time of measuring and valuing of property. Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a “committee� consisting of the following (i) The landlord or person who uses the land or their representatives; (ii) Official representative of agency who needs to acquire the land (viz., MoPW); (iii) Representative of local municipality; (iv) Representative of Ministry of Finance; and (v) Representative of Ministry of Justice. 3.2 World Bank OP 4.12 This policy deals with the issues and concerns related to land/assets acquisition, their compensation for all categories of affected persons and affected assets, relocation, resettlement, loss of livelihood, access and related issues. If involuntary resettlement is not properly mitigated, it creates severe economic, social and environmental problems in the project area. People face impoverishment when their productive sources are lost, and they are relocated to such environment where their productive skills are not properly utilized, the competition for resources is increased, the community institutions and local networks are weakened. Where it is not feasible to avoid resettlement, these activities should be conceived and executed as a sustainable development program. Displaced persons should be properly consulted and should have opportunities to participate in planning and implementing resettlement programs. The following are the main objectives of Bank’s OP 4.12:  Involuntary resettlement should be avoided up to the possible limit or minimized by exploring other viable alternatives; 8  Where it is not feasible to avoid, resettlement, resettlement activities should be conceived and executed as sustainable development program, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits;  Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least restore to the extent of pre-displacement levels.  Displaced persons may be classified and include: i. Those with formal legal rights to land, including customary and traditional rights recognized under the law of the country; ii. Those who do not have formal legal rights to land at the time the survey begins but have a claim to such land or assets, provided that such claims are recognized under the law or become recognized through a process identified in the resettlement plan; and iii. Those who have no recognizable legal right or claim to the land they are occupying. The objectives of the World Bank’s policy can be clearly achieved by following the principles described therein however, this RPF provides for a more detailed framework which not only justifies the WB policy’s objectives but also the inherent spirit of it which entails a sensitive, transparent and inclusive process of acquisition, displacement and resettlement. The framework for resettlement and rehabilitation of the affected persons by the project will be adopted in the following approach 1. Avoiding acquisition to the extent possible 2. Preparing a detailed Resettlement Action Plan and disseminating it adequately 3. Implementation of RAP ii) Determination of i) Notifying acquisition iii) Taking possession claims and their payments First Step: Avoiding acquisition to the extent possible 9 The OP 4.12 is avoidance of land acquisition and resettlement, if possible. Land acquisition and resettlement should not be seen as the easy first option; rather it should be seen as a last resort. In order to meet this objective, an exhaustive Social and Environmental Impact Assessment has been undertaken to assess alternatives to avoid acquisition and the financial implications to it. This includes an assessment of the project baseline data and collection of detailed socio-economic data in connection with a 100% household census of all potential PAPs in order to calculate loss of income/livelihood and monitor subsequent livelihood restoration measures. A participatory consultative process to allow the affected persons and other stakeholders to deliberate upon the project’ benefits, its negative impact, resultant acquisition and displacement issues etc. will be undertaken in the first step with the communities living on and around the alignment of the project. The cut-off date will be determine after which no one coming into and obtaining land or a house in the potential project area will be entitled to any compensation or resettlement benefit. Such a date will have to be determined for each subproject separately. Second Step: Preparing a detailed Resettlement Action Plan or Abbreviated Resettlement Action Plan and disseminating it adequately The next step is to develop a detailed Resettlement Action Plan guided by the principles established in this framework document. For the peculiarities and constraints described earlier, the RAP will also be developed separately. Each RAP should include provisions to provide for: 1. Timely information dissemination to all the PAPs about their options and rights pertaining to resettlement and compensation; 2. Ensuring that all the PAPs are advised about the offered choices and provided with technically and economically feasible resettlement alternatives; 3. Disbursement of full replacement cost for losses of assets attributable directly to project-related land acquisition and the amounts are paid promptly to the rightful owners in a transparent manner. In case of physical relocation or displacement of the affected persons, the resettlement plan must include measures to ensure that the displaced persons are: (i) Provided adequate and timely assistance (such as moving allowances) during relocation; and (ii) Provided with residential housing, or housing sites, or, as required, sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages they had at the previous site. 10 In order to compensate for the displacement drudgery and consequential costs, the RAP should also have provisions to provide to the affected persons: i. Sufficient financial assistance for a reasonably estimated transition period so as to enable them to restore their livelihood and standards of living; ii. Appropriate development assistance in addition to the compensation measures such as land preparation, training, or job opportunities; iii. Capacity building and training opportunities so that they can either take up a new form of livelihood by virtue of being trained to a higher skill standard. The above provisions require a very judicious estimation of financial and other assistance and needs to be dealt with very carefully. The RAP should also establish clear and transparent processes to provide for just, fair and equitable distribution of assistance to minimize discretionary and biased approach in the decision making processes. The RAP document and the arrangements to implement it effectively should have structured and clear information on the following aspects: i. List of project affected persons (100% household census of PAFs) including all detailed socio-economic information of the household. ii. Entitlement matrix and eligibility criteria iii. Details of persons to be displaced and the information on their incomes, pre and post displacement in measurable quantities. iv. Detailed information about title, possession and use of the land to which each displaced person/family will be relocated. The RAP should also provide information on inventory of support infrastructure and facilities at the previous site and the site to which they would be resettled. v. All necessary arrangements made by the project implementing agency to facilitate resettlement and disbursement of moving allowances etc. vi. The procedures to estimate compensation amounts with clear definitions of categories of land to be acquired and mechanisms to decide on land prices. vii. Participation of PAPs in the design, execution and monitoring of RAP implementation. viii. Establishment of a Grievance Redressal Mechanism for PAPs and other stakeholders. ix. A comprehensive monitoring mechanism and information management system. x. Appropriate Institutional arrangements to implement the RAP. xi. Documentation of consultations with PAPs conducted. 11 Third Step: Implementation of RAP The third and final step is the execution of the Resettlement Action Plan, which is further divided into three sub sets: i. Notifying acquisition: To ensure public notifications and intensive personal contact with owners and occupiers of land and oral explanations of what is happening and what owners and occupiers should do in order to ensure that they obtain recognition for their occupation of land and compensation for same. Acquisition of land will also necessitate full and clear documentation of what is happening. In the case of temporary displacement (if any), full explanation of the circumstances of such displacement including period for which and where will the occupiers be temporarily located and in what form of accommodation including their eligibility for compensation, if any will have to be recorded. In case of voluntary donation of Land, the donor should be clearly made aware of his/her right to receive compensation and the process should be clearly documented to avoid any future claims or objections. ii. Determination of claims and their payments: To determine the claim amounts payable to each affected person and their speedy disbursements. OP 4.12 distinguishes between compensation and assistance, financial or otherwise, in connection with resettlement. This is perfectly logical as it makes clear that persons are entitled to compensation for lost assets etc. whether they are being relocated or not. However, if compensation is understood as money, money’s worth or land and/or other assistance to put a person back into the position as close as may be as he/she was prior to having his/her land (including buildings and natural resources on the land) acquired and or the value of retained land diminished and or having to vacate his/her land and move elsewhere, then we can deal with monetary compensation for loss of assets along with what may be called resettlement expenses. In order to comply with OP 4.12, the content of this sub-step should include:  making claims for compensation  provision of assistance to PAPs in making claims  assessment of claims  determining claims and dealing with appeals  the payment of compensation 12 Compensation will include  Full replacement cost of land taken at its market value plus transaction costs (e.g. registration fees, selling/buying taxes, etc.)  alternative land of the same quantity and quality if possible  resettlement expenses (which for these purposes includes temporary displacement) which in turn may include  financial and other assistance in provision of housing  Training & Capacity Building for livelihood replacement iii. Taking possession: To ensure a peaceful and sensitized approach towards taking over of the land – the entering into possession of the land by the acquiring authority – and the departure and resettlement of PAPs. Assistance with resettlement and displacement will include  assistance with packing up and moving including moving back on to the land after temporary displacement including working with and providing additional resources for the ‘host’ community  advice and assistance to those being resettled  preparation of land, provision of accommodation and facilities 13 A table of comparison between the Law on Land Expropriation and OP 4.12 with proposals for reconciliation Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for PROVISION FOR A STRUCTURED RESETTLEMENT ACTION PLAN No special provision in A detailed Resettlement Major gap of substance The Afghan Law is silent on A detailed resettlement action Afghan Laws for a Action Plan to include resettlement but there is plan guided by RPF will be resettlement plan or any Involvement of and ensure nothing in the law to suggest prepared special arrangements for PAPs their rights to that a resettlement plan or resettlement. (i) Compensation action to implement a (ii) Relocation assistance resettlement plan would be (iii) Development assistance illegal. Solution could be to in new location. Distinction provide for a resettlement drawn between short and full action plan administratively plans, depending on numbers but backed up by some to be resettled. regulations to ensure it implementation PARTICIPATION OF PAPs IN THE PROCESS OF ACQUISITION No legal opportunities Principle that involuntary The principle behind OP 4.12 This can be incorporated in Potential PAPs must be able provided to potential PAPs resettlement to be avoided can be followed however the the RPF, Potential PAPs can to discuss need for and others to challenge or where possible implies law is silent on the matter. be consulted, their views may acquisition and alternatives discuss proposed acquisition discussion of necessity for not be decisive with officials from the PIU and resettlement or for any and alternatives to acquisition and the Ministry public debate and approval on and resettlement proposals. In practice early discussions do take place. By article 6 of LLE, the right Resettlement plan on how LLE does not provide for There is nothing in LLE to A participatory approach to to own or use land is project is to be implemented what OP 4.12 requires. Some prevent a more participative acquisition and resettlement terminated three months prior and resettlement issues are pre-planning of projects will approach to acquisition as is planning and implementation to the actual start of the provided for therein. exist and informal discussions called for in OP 4.12. The is provided. project. So information on Emphasis on participation by with PAPs involve three month rule could be land to be acquired is sent to PAPs in preparation for participation. 3 months’ interpreted to mean “not less PAPs three months before resettlement process and in notice may be too little where than three months� which 14 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for acquisition. Informal project implementation relocation is likely but not would allow for discussions discussions and negotiations Early information to be given rigidly adhered to. on acquisition and its occur both on land to be to potential PAPs of possible consequences. acquired and on resettlement compensation. The Council of Ministers No specific procedures The spirit of OP 4.12 Spirit of OP 4.12 could be Involvement of owners approves expropriation of required by OP 4.12 but conflicts with LLE’s non- met by more protective present on the land to be land. Unlike the former law, content of resettlement plan provision of involvement of provisions and or practice on acquired and greater there is no provision for the implies PAPs will be the owner apart from that dealing with absentee protection for absentee owner/user and or agent to be involved in all stages of provided for in article 5. acquisition. The silence of owners should be provided by present throughout all stages acquisition Though it is confined to “the LLE on the details of a legal framework developed of acquisition. It follows that Municipality�. It can be acquisition may be taken as part of the RPF which acquisition may proceed assumed to be applicable to quite legitimately as could also serve as a whether the owner is present all authorities acquiring the providing a gap which can be prototype for regulations or not. However under article assets or implementing the filled by appropriate made under article 22(5) of 5 LLE, a commission is to be project. participatory arrangements. the new law. formed “by the Municipality� There are some absentee There is no reason why the on which the owner is owners, it may be provisions of article 18 represented to “determine unavoidable to allow absentee shouldn’t equally apply to all damage incurred due to land acquisition. acquisitions of land. expropriation� which is differentiated from compensation. Damage is explained in article 18 LLE. Under article 22, the owner is obliged to hand over all documentary evidence relating to land to the acquiring authority 15 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for ASCERTAINING TITLE AND OWNERSHIP OF ASSETS The bulk of LLE deals with Fundamental principle of OP Major gap of substance in the Accommodate OP 4.12 by Given huge numbers of compensation but says 4.12 is that all those on land law but given practice in rural changing practices where people not having and not nothing about who is entitled are to be entitled to fair areas, it is not unbridgeable. necessary. going to get formal legal titles to compensation. The compensation and assistance Advantage may be taken of to their land in the assumption is that “owners� with resettlement irrespective absence of legal definition of foreseeable future, LLE are entitled to compensation of their title to land. “owner� to accommodate should be interpreted so those but the law does not define those with customary titles living and or working on land “owners�. The old law drew a which is likely to be the at the census date receive fair clear distinction between majority in project areas. compensation and those with legal title and resettlement assistance. This those with customary title or is the one major area where no title with respect to the there is considerable payment of compensation. divergence between LLE and Practice in rural areas was OP 4.12. It will be necessary quite accommodating to those to comply with OP 4.12. The with customary titles. RPF provides for compensation to occupants also, but defined with limitation on who is eligible and who is not. VALUATION AND ASSESSMENT OF COMPENSATION AMOUNTS Officials visit area before any Land values assessed as at No real gaps; just different No gaps RPF provide for valuation official action to assess land pre-project or pre- approaches to the same need and market rates at a cut of values; values so assessed are displacement value to limit claims and date, application of principles the basis of compensation. whichever is higher compensation. of equity with a common rate This is practice as the LLE is applicable for all PAPs. completely silent on pre- acquisition procedures and processes. 16 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for Efforts are made to determine Census conducted of persons No real gap here. No issues with adopting OP RPF will require an those entitled to in the area to determine 4.12 as the practice and to be identification of all eligible compensation and eligibility for assistance, and followed in this RPF PAPs to be undertaken at the resettlement to limit inflow of people immediate pre-project stage, ineligible for assistance subject to cut-off date. The Constitution provides for OP 4.12 requires prompt and There does appear to be a gap The lack of any detail in LLE RPF has provisions payment of prior and just effective cash compensation between the LLE and OP on how to assess describing the process of compensation. The LLE at sufficient to replace the lost 4.12. The LLE has a lot of compensation and the content valuation and assessment of article 2 provides for the land and other assets at full gaps in it. Sensible not to of compensation (apart from compensation amounts. payment of prior and replacement cost in local insist on market value in the article 13) allows for the adequate compensation. If markets. absence of reliable creation of a clear there is a distinction between Compensation for lost functioning markets. comprehensive and fair code just and adequate, then the livelihoods required Biggest gap is compensation on compensation applicable constitutional provision of Disturbance compensation for squatters and even their to all acquisitions including just compensation prevails. required best practice does provide resettlement and retraining Article 8 provides that Land for land compensation some compensation to those costs which can be a part of compensation shall be “the encouraged. with no legal title. the RPF without being price� of land or houses or Resettlement costs and ‘start contrary to the existing trees etc and article 10 up’ expenses required. law(s). provides that the Council of Ministers shall determine the price. But article 15 provides that the municipality and the administration for agriculture determine the compensation for trees etc. Article 13 sets out detailed provisions for obtaining residential plots where a person has had land acquired; the more land acquired the more residential 17 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land Unlike the former law which provided for compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for PAPs to access bank for their compensation. GRIEVANCE REDRESS MECHANISM LLE provides for OP 4.12 silent on judicial and A major gap on grievance Develop grievance handling Grievances redress administrative agencies to administrative arrangements. mechanisms and current practices but keep them mechanism to provide for co- manage acquisition processes It requires appropriate and administrative arrangements administrative rather than operation with shuras and and deal with compensation. accessible grievance in LLE difficult to reconcile legal. community councils. PAPs are part of some mechanisms to be established with the participative Make legal provision for committees dealing with for those being resettled. approach of OP 4.12. appeals from administrative compensation. Logic of OP 4.12’s references Earlier laws involved decisions and decisions on No provision for courts to be to ‘meaningful consultation’ payment of compensation in compensation to an involved or for appeals. with PAPs and making use of the presence of a judge and independent body. In practice, committees may CBOs and NGOs suggests allowed an appeal albeit from act to solve grievances preference for decision- the judge to a Minister. No provisions for e.g. legal making process which is not aid to assist PAPs to make just part of the administration. claims. 18 Afghan Laws WB OP 4.12 Gaps Possible solutions to gaps RPF provides for MONITORING AND EVALUATION LLE does not provide for any OP 4.12 states that the Major gap on procedures but Provide monitoring for WB External monitoring agency external monitoring body or borrower is responsible for arguably, monitoring is not projects as required by OP and monitoring by PMU is process adequate monitoring and part of land acquisition so no 4.12 provided for. evaluation of the activities set legal impediment to Establish specialist forth in the resettlement providing for same. monitoring agency for all instrument. projects involving acquisition and resettlement Empower provincial and local institutions to monitor projects. 19 4. Eligibility for compensation 4.1 General eligibility General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project as of the formally recognized cut-off date will be considered as project affected persons (PAPs)�. For purposes of this RPF, the concepts of ‘general eligibility’ for compensation and who is an PAP will be extended to include persons who may be temporarily displaced but who may be entitled to some compensation through loss of land by the road project. Although it is unlikely that many PAPs will be entitled to compensation or rehabilitation on the grounds that they are losing a substantial amount of land under the project, it is as well to set out the full picture on who PAPs are and what they are entitled to under a project: (i) All PAPs losing land with or without title, formal land-use rights or traditional land use rights; (ii) Owners of buildings, crops, plants, or other objects attached to the land; and (iii)PAPs losing business, income, and salaries. Compensation eligibility will be limited by the cut-off date. MoPW and MRRD will inform local communities regarding this cut-off date through their local offices and through the relevant local government agencies. Those that settle after the cut-off date however will be given sufficient advance notice to vacate premises/dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions. 4.2 Land Tenure and Compensation Entitlements The largest number of PAPs in the case of this project will be those who will lose a part of their land. The following categories of the PAPs will be entitled for compensation for loss of land: 1. Legal Title Owners: Owners having written evidences of land ownership under the formal system of property rights like different kinds of deeds or legal documents with copies in the Court Registries or any other official documentation issued by or on behalf of the government, establishing their right as an owner of the land in question. 2. Titles with Customary documents: Owners having documents recognized by both official and customary law as giving rise to ownership rights 20 3. Occupiers of Land for a long period: Persons who with oral and other evidence with probative value can prove that they or their family have been in occupation of the land for at least 35 years. 4. Other Occupants of land: Limited to only those persons who have had open, continuous and interrupted possession of land over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. The following categories of persons will NOT be entitled for compensation for loss of land: 1. Other occupants of lands or Squatters: Persons outside of the classifications of legal ownership and occupancy or possession mentioned above, will not be entitled for compensation for the lands that they occupy, but will be compensated for the permanent improvements or structures they may have introduced or built in the affected lands before the cut-off date. 2. Encroachers: “Persons who extend their property beyond that for which they hold a title are encroachers and would not be eligible for compensation for land for which they do not possess a title�. 4.3 Entitlements to Compensation & Livelihood Restoration The PAPs in the project are entitled to various types of compensation and resettlement assistance that will assist in the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All PAPs are equally eligible for cash compensation and rehabilitation assistance (albeit with differences in entitlements), irrespective of their land ownership status, to ensure that those affected by the project shall be at least as well off, if not better off, than they would have been without the project. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, etc.) as detailed below: 1. Loss of Agricultural land: Compensation at replacement value of land in cash based on current market rates. MoPW or MRRD will shoulder all transaction costs such as fees, taxes, and other charges, as applicable under relevant laws. 2. Severe Agricultural Land Impacts: In case of a PAP losing more than 20% of his/her total agricultural landholding, PAPs (owners and other occupiers defined as eligible herein), in addition to the compensation explained above, will be entitled to get an additional amount for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Also, these PAPs will be having access to the capacity building and training program on a priority basis for development of an alternative sustainable livelihood. 21 3. Loss of Residential/commercial land: These impacts will be compensated at replacement value in cash at current market rates free of deductions for transaction costs. 4. Loss & damages to Houses, buildings, structures and settlement utilities: These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. An estimation of replacement cost would be done by the valuation committee for estimating the compensation rates for the subprojects. 5. Income from crops losses: In case of a land being acquired with standing crops, the owner will be allowed to harvest the crop within the period till such time the road construction activity is not affected. In case of an urgent need and if the crop is being lost due to the construction related activity, the affected person will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. 6. Tree losses: These impacts will be compensated in cash based on the principle of income replacement. Fruit trees will be valued based on age of the tree in two categories: (a) not yet productive; and (b) productive. Productive trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years’ investment they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates. 7. Business losses: In the absence of any substantial and verifiable system to calculate incomes of such small businesses in the rural areas of Afghanistan, the compensation for business losses cannot be ascertained. However these businesses will be entitled to compensation for any loss of asset similar to as described above, such affected persons or members of their families will also be entitled to avail the capacity building and training opportunities made available to the others PAPs as mentioned at 2 above. Shop owners losing their shops will be entitled to preferential allotment of shops in the proposed shopping arcades to be constructed on the road side. Constructions of shopping arcades will be taken up by contractor prior to demolishing the existing shops. 8. Income losses for workers and employees: Such affected persons will also be entitled for the capacity building & training opportunities. The PAPs shall also be given priority in employment in project related activities. 9. House owners: House owners/renters who are forced to relocate their houses will be provided with a monthly relocation allowance for a period not exceeding 3 months or till 22 they move to an alternative accommodation, whichever is earlier. The monthly amount payable will be clarified in the RAP. 10. Community Structures and Public Utilities: Will be fully replaced or rehabilitated so as to satisfy their pre-project functions. 11. Vulnerable Households: Vulnerable people like women household heads, mentally challenged headed households will be given assistance in the form of a one-time allowance for vulnerable PAPs and priority in employment in project related activities. 12. Impacts on irrigation canals: Project will ensure that any irrigation channels are diverted and rehabilitated to previous standards. 23 5. Unit Compensation Rates and Budget 5.1 Establishing Rates for Land Acquisition & Resettlement The Law on Land Expropriation refers to prompt and adequate compensation but is silent on the details of compensation, in the absence of detailed rules, it will not be in conflict with the Law for details to be developed in the context of this RPF and applied to the project. Also in order to comply with the World Bank’s OP. 4.12, rates used to compensate for lost land and assets must be replacement cost at current market value, in order to meet the policy objective of “at least� restoring people’s livelihoods and ensuring that people affected by a project ar e not left worse off. According to OP 4.12, “replacement cost� is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms, attempts will be made to establish access to equivalent and culturally acceptable resources and earning opportunities. In the absence of any conclusion so far about the estimated land prices, this RPF is prepared which guides on the methods of valuation and “a Resettlement Action Plan (RAP) will be prepared for each subproject that may involve land acquisition, before the beginning of the construction activity in the subproject. The budget would be part of each RAP which would come forward once the RPF had been accepted and final identification of PAPs. Provision for funds will be made available for the resettlement costs, including not only compensation to PAPs, but also other costs to be incurred throughout the process of development and implementation of RAPs. 5.2 Valuation of Land The location of the land influences the actual price per square meter: the nearer the land to a build-up area (e.g. a village), the higher the valuation and perception of the affected households. Hence, the valuation of the land is pegged on an average, the actual value depending on the nearness to a build-up area. In the valuation of agricultural land, the availability of water is very important to determine the fair value or market rates. Residential and commercial lands are largely dictated by the existing road alignment for accessibility rather than crop potential. The land prices are based on the district land prices in the district government. The prices follow the trend that the nearer the land to a population center, the higher the price of the land. 5.3 Valuation of Structures The classification of structures (temporary, semi-permanent and permanent) refers to the materials used in construction. The valuation of structures into class 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double story building) 24 will be determined after various consultations with some owners who recently build their houses, local contractors and some engineers in the government. 5.4 Valuation of Crops and Trees The estimation of valuation of crops was quite problematic because of lack of reliable data in terms of yield. The results of the socio-economic survey were not considered reliable because many respondents could not provide the exact size of their land holdings and quantity produced. Hence, in computing crop losses, a combination of two major crops was used to get the average yield and price. The unit price for crop losses for a square meter of land devoted to the two main crops was estimated at AFN 12.5 per sqm, the same has been fine-tuned in the RAP document. The compensation for productive trees is normally based on the gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees are to be valued based on the multiple years’ investment they have required. However, during interviews on trees, the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post-harvest facilities. Farmers are forced to sell tree crops when everyone one else is doing so during off-season months, the prices of tree crops quadrupled. The compensation rate for a fruit bearing tree is the average yield per tree times the age of the tree. For the non-fruit bearing trees, the usual propagation method is grafting. Farmers buy these saplings and these are ready to be transferred in the fields after two years. On the fourth year of the tree, the tree starts to produce fruits. Hence, it is on this basis that the valuation of non-bearing fruit trees can be determined. The compensation for non-productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. 5.5 Livelihood Restoration Support The resettlement strategy is to provide compensation for all lost assets at replacement cost in order that PAPs’ incomes and livelihoods are not adversely affected and where possible improved. All PAPs whose livelihoods are affected will be supported for building their capacities for livelihood restoration measures. These supports will be provided through an NGO and supervised by the ESMU. PAPs will also be given first preference for employment opportunities on the project related activities. 25 5.6 Matrix of Compensation Entitlements and Rates ELIGIBILITY CRITERIA FOR IDENTIFYING APs Who is eligible What are they How to determine What’s the Comments eligible for eligibility and objective compensation levels Landowners Loss of land and 1. Official The aim of OP. As the matrix rights to land documentation 4.12 is to on the issued by or on compensate all comparison of behalf government those who have the LLE and lost ‘their’ land. OP 4.12 2. Customary OP 4.12 goes shows, there is documents; :i.e. beyond technical nothing in LLE documents rules of law or which prevents recognised by both evidence which the approach of official and in part are 4.12 being customary law as designed to bring adopted here giving rise to disputes over ownership rights land to an end 3. Oral and other and ensure evidence with security to title. probative value that OP 4.12 aims at the claimant and simple and his/her family have substantive been in occupation justice: “if of the land for at you’ve been on least 35 years. this land for a long time and 4. Open, continuous there is good and interrupted evidence of that possession of then you should persons over a very be compensated long time which for losing it� effectively vests in them legal rights over the lands they occupy through acquisitive prescription. 26 Squatter Permanent Observance of The objective Ditto to above. improvements permanent here is to they have made improvements; compensate the to the land they questioning the squatter for have occupied squatter and expenditure on neighbors on when the land but not improvement made; for the value of consulting maps the land itself and other relevant documents Agricultural Loss of income Cash compensation A fair Ditto tenants and corresponding to approximation of tenants of one year’s crop loss of income artisanal mines yield of land lost. Sharecroppers Loss of income Their share of the Ditto to above Ditto harvest at market rates plus one additional crop compensation. House Costs of relocation This is a very Not owners/renters relocation to allowance of Afs x standard element specifically other per months until of compensation provided for in accommodation suitable in all systems LLE but accommodation nothing to stop established, and is being paid assistance in identifying alternative accommodation Loss of Replacement 1. Losses will be The aim is to This is already livelihoods by costs for all compensated at provide a an approach agriculturalists losses replacement value reasonable which has been in cash based on measure of accepted in current market rates compensation for Afghanistan plus an additional. loss of Indemnity for x livelihoods but months as on the transitional assumption that livelihood APs will make a allowance. go of things on their new land. It 27 2. When >10% of provides an AP’s agricultural temporary relief land is affected, but not an APs will get an amount which additional invites future allowance for indolence severe impacts equal to the market value of a year’s net income crop yield of the land. Residential/comm Replacement Replacement value See above. The Ditto ercial land costs for all in cash at current same reasoning impacts losses market rates free of applies deductions for transaction costs Those who lose or Replacement These impacts will See above. Ditto have buildings costs be compensated in damaged cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Renters/leaseholder s will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. Those who lose Replacement of These impacts will See above Ditto income from crop lost income be compensated losses through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will 28 be paid both to landowners and tenants based on their specific sharecropping agreements. Those who have Replacement of Income See above Ditto lost income from lost income replacement based loss of trees on types of trees lost. Those who have Replacement of Compensation for See above Ditto suffered business lost income business losses will losses be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance. Those who have Replacement of Compensation, See above Ditto suffered loss of lost wages for a based on actual wages limited period income loss for time duration until income source. Vulnerable Additional Vulnerable people This is a Ditto households compensation over (APs below the recognition that and above strict poverty line, women those classified loss of income household heads, as vulnerable mentally challenged households will headed households, likely suffer etc.) will be given assistance in the form losses over and of a one-time above income allowance for loss and will find vulnerable APs it especially hard equivalent to AF x to get started and priority in again somewhere employment in else. project-related jobs. 29 Transitional living Disturbance APs forced to This is a Ditto allowance for APs compensation relocate will standard head of forced to relocate receive a livelihood compensation in allowance of AF x most systems of a month for three compensation. months. Transitional livelihood allowance is computed based on the prevailing wage rate of AF x per day times during transition time. ESTABLISHING VALUATION RATES FOR ACQUISITION What is being How is Input of APs Indicative Comments valued valuation figures conducted Matters common Rapid appraisal; Yes but not Where figures none to all specific consultation with necessarily decisive are given they types of valuation APs; information are indicative derived from only being based census and from on a 2009 local authorities valuation exercise. They will almost certainly be changed when budgets for RAPs are developed. Land including Valuation of the Land values are so None Land values easements (rights land is pegged far as possible are dealt with of way) over land on an average, determined on the after a fashion the actual value basis of ‘objective’ in the LLE. depending on the factors but it is not The Council of nearness to a possible to ignore Ministers built up area. the assumptions of determines Land prices are APs about land values but based on the values which do there is a local district land play a part in process that 30 prices in the valuation valuation goes district through. government Structures Structures may In the project from None This approach be classified which these to structures (temporary, classifications are seems a good semi-permanent based, they were one to adopt. and permanent) arrived at after Some APs based on the various considered that materials used in consultations with the length of construction. some owners who time a structure They may be recently build their had been classified into houses, local standing class contractors and should affect 1(mud/brick/woo some local civil value but this d walls, mud/tin engineers. was not a roof), 2 (tiled factor used in roof and normal valuation cement floor) and 3 (RCC, single/double storey building) Crops In computing The unit price Valuation was crop losses, a for crop losses problematic combination of for a square because of lack four main crops meter of land of reliable data was used to get devoted to the in terms of the average yield four main crops yield. The and price.. results of the socio- economic survey were not reliable because the majority of the respondents were not aware of size of their land holdings. Trees Compensation During interviews The The same point for productive with APs on trees, compensation as above 31 trees is based on it was pointed out rate for a fruit applies here the gross market that the fluctuation bearing tree is too value of 1 year of the value of tree the average yield income for the products was per tree times the number of years influenced largely age of the tree. needed to grow a by the supply and new tree with the demand and the productive absence of post potential of the harvest facilities. lost tree. Fruit was sold when all other farmers Non-productive sold their fruit. In trees are valued the off-season, based on the prices were higher multiple years but few farmers investment they could store their have required. crops until then Compensation for non- productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. Restoration of Cash No apparent input No figures can As noted in income compensation at from APs. But there be given column 3 this current market may be disputes may not be as 1. Crop losses rates for the full between owners straightforward harvest of 1 and sharecroppers as it seems. agricultural which officers from Inter-AP season. In case the implementing disputes may of NGO and possibly erupt and the sharecropping, from ESMU might GRC called crop become involved in into action. compensation will be paid both to landowners 32 and tenants based on their specific sharecropping agreements. 2. Business losses compensation for The figures in the Permanent This is another permanent next column do not business will area where business losses seem to admit of receive AF x a disputes could will be in cash negotiation but month for 6 arise but for the period there will be an months. between those deemed issue of whether a offering and Temporary necessary to re- business is those receiving business losses establish the permanent or compensation. will be paid for a business temporary on which limited number Compensation APs will wish to be of months at for temporary consulted and have AF x a month business losses their views taken on will be cash board 3. Income Indemnity for This does not admit No figures Ditto but in restoration for lost wages for of much negotiation because wages addition, there workers and the period of although there may differ depending could be employees business be differences of on the work disputes interruption opinion of what being done between count as wages employer and employee on wages which the project will have to arbitrate on. 33 Income When >10% of Given the problems No figures Although this Restoration the agricultural of measurement of because the has the Allowance for land of a AP is APs’ holdings – see exact sums of appearance of Severe affected, APs above column 5 on money involved objectivity for Agricultural Land will get an crop losses – this will depend on reasons noted Impacts. additional may be difficult to the use to which in column 3 allowance for compute and the land is being there may be severe impacts careful negotiations put disputes which equal to the with the APs will will need to be market value of a be necessary handled year’s net sympatheticall income crop y. yield of the land lost. Vulnerable group Vulnerable There will need to A one-time Whether this allowance people (APs be careful and allowance for will be seen as below the sympathetic vulnerable APs adequate will poverty line, consultation and equivalent to at depend on the women negotiation with least AF x and income household heads, these APs priority in forgone. It mentally employment in might be challenged project-related advisable to headed jobs. build in some households, etc.) flexibility here will be given hence the ‘at assistance. least’. Transitional APs losing land Disturbance is a At least AF x a This is very livelihood or losing a house standard head of month for much a allowance and forced to compensation but it transitional ‘guestimate’. It relocate will will need a period may be the receive a willingness to be best that can be livelihood flexible on rates as done in the allowance. disturbance is not circumstances. an objective matter. Here too the words ‘at least’ have been added to provide for some flexibility 34 Rental allowance House renters Negotiations with x months’ rent at What the forced to APs central to the the prevailing prevailing relocate will operation of this market rate in market rent is receive a rental head of the project area must differ allowance and compensation from place to will be assisted place. It is in identifying probably not alternative worth while accommodation trying to create a ‘shadow’ market. As with other heads of ‘allowances’ some flexibility must be built into the outcome. 35 6. Institutional Arrangements 6.1 General The resettlement and rehabilitation program described in this RPF involves distinct processes, dynamics and different agencies. This section deals with the roles and responsibilities of different institutions for the successful implementation of the project. The primary institutions that are involved in the land acquisition and resettlement process are the following; 1. Ministry of Public Works ( MoPW) 2. Ministry of Rural Rehabilitation and Development (MRRD) 3. Project Implementation Units (PIUs) 4. Regional offices (all nine regional offices) 5. Environment and Social Management Unit (ESMU) at PIUs level 6. Local Government Units (LGUs) The agencies involved in the planning and implementation of a resettlement and rehabilitation program are MoPW and MRRD as the executing agencies (EAs) and the Provincial and District governments together with the appointed NGO referred to above. MoPW and MRRD will be acting in the project through the Project Implementation Unites (PIUs). In the field, it will act and implement through the regional level offices with the support of regional safeguard officers who will co-ordinate all activities related to resettlement implementation. All activities will be coordinated with the relevant local government agencies and community shuras/CDCs or Social Inclusion Committees (SICs). 6.2 Overall Organization The Ministry of Public Works (MoPW) and Ministry of Rural Rehabilitation and Development (MRRD) will be the executing agencies (EAs). The minister and deputy minister will be responsible for the overall policy level decision, planning, implementation and coordination of project activities. The EAs will have proper coordination with other departments of the Government of Afghanistan to resolve the following issues: 1. Land Records and Ownership. To resolve issues related to land records and ownership, a land management committee will be formed in the central level and will include members from the MoPW/MRRD, Ministry of Finance, and the Geology and Cartography Department. 2. Assets Valuation. Values of land and other assets for compensation are determined by the Council of Ministers under the LLE on the basis of the principles set out in this RPF. The decisions are based on the recommendation of a committee consisting of the following 36 (i) The landlord or person who uses the land or their representatives, (ii) An official representative of the agency that needs to acquire the land (e.g. MoPW or MRRD), (iii) A representative of the local CDC, (iv) A representative of the Ministry of Finance, and (v) A representative of the Ministry of Justice. 6.3 Project Implementation 6.3.1 Ministry of Public Works (MoPW) and Ministry of Rural Rehabilitation and Development (MRRD) MoPW and MRRD, through the project Implementation units (PIUs) will be responsible for the approval and implementation of a Resettlement Action Plan (RAP) or Abbreviated RAP. Within the PIU, RAP or Abbreviated RAP tasks will be handled by the units described below. Local MoPW or MRRD offices and local governments will be responsible for coordinating activities in the field including the organization of surveys, consultation meetings, and the fixing of specific compensation rates based on the principles set out in the RPF. The provision of the RAP or Abbreviated RAP compensation finances will be the responsibility of MoPW and MRRD and the physical delivery of compensation to the PAPs will be assigned to a committee selected by the MoPW and MRRD which will include members such as the local governments but under the supervision of the PIUs. There will be two units within the PIUs that will be involved in the implementation of the RAP or Abbreviated RAP, namely the Environment and Social Management Unit (ESMU) and the Project Implementing Unit (PIU). The ESMU will be primarily responsible for the environmental and social safeguard issues. The PIU will be responsible for the daily field level activities, getting all the necessary clearances required to initiate and implement all resettlement works. It will coordinate with the ESMU in the implementation of the project. As necessary, the ESMU/PIU will coordinate with ARAZI, Cadaster Survey Department, local Governorates, NGOs and the community shuras, locally elected councils . The PIU will be responsible for ensuring that all stages of the processes of resettlement, determining and paying compensation, and acquiring land are fully documented and that hard and soft copies of the records are at all times kept in a safe and secure environment. 6.3.2 Local Government The cooperation and coordination of the local government units (LGUs) are vital in RAP or Abbreviated RAP implementation. These are the provincial government, district provincial 37 government, villages and local community Shuras. Issues relating from land records and ownership and assets valuation originate from this level and will only be taken to the Council of Ministers if these issues are not resolved locally. The provincial government, in cases of disputes on valuation of land will constitute a land valuation committee to determine the disputes on rates. In cases of disputes regarding land ownership, land records goes through 3 offices at district level, (1) District administrator, (2) Revenue collector (Mustowfiet) and (3) the District Court. These offices have the jurisdiction on any matters related with land acquisition and verification of land entitlements. Staff of the Revenue Department (Mustowfiet), with the local municipality will carry out the tasks of identifying the titles and verification of ownership. The Office of Wolaswal (the appointed District head) is expected to play a coordinating role. 6.3.4 Gender It is appropriate to draw special attention to gender issues within the context of project implementation. Discussions with women in villages visited as part of the Social Safeguards Requirements Review confirmed that they have important, although varying, roles in agriculture which is the main activity which will be encountered during the project. Factors such as absence of male family members from the village, ethnicity and local cultural norms all affect women’s role in agriculture. Using established community structures to involve women meaningfully in the projects will be a challenge and will need to be approached with renewed effort and imagination. Working with women can be done only with female staff. Women’s CDCs should be explored as a possible vehicle for increasing women’s participation in projects and especially in implementing RAPs. In the project, special attention will be paid to female-headed households, both those with and without land, as they are generally amongst the most vulnerable in communities and risk having their rights ignored. Although women’s ownership of land is not widespread it is important to ensure that their land rights receive equal recognition in the project and in any resettlement activities. Thus, the ESMU within the PIU will have special responsibility to  Ensure that MoPW and MRRD uses women’s CDCs to enhance outreach to women.  Revisit incentives in order to attract women to work in RAP and in other capacities at regional level.  Ensure PIUs regional offices have female ESM Officers 38 7. Public Consultation and Participation 7.1 General Public Consultations This section describes the mechanisms for public consultation process with the PAPs, disclosure of the RPF and corresponding RAPs through distribution of informative material to create awareness among the PAPs regarding their entitlements and compensation payment procedures and grievances redress mechanism. 7.2 Public Consultation In addition to informal day-to-day meetings among PAPs, MoPW and MRRD local staff, and other stakeholders, the formal consultation process in the project will be ongoing and will be managed by the PIUs through village meetings and public consultations with government officials. All these mechanisms and approaches will also be used during the collection of baseline data and census survey from the PAPs; and the preparation of RAP and disclosure of RAP to the PAPs, as explained below. 7.3 Village Meetings A series of village meetings will be held, where the census survey of displaced persons will be explained and later carried out. The aims and objectives of a project will be explained as will the necessity for, processes and outcomes of any resettlement or temporary displacement. The village elders and stakeholders meetings will be scheduled based on the availability of the participants. The PIUs’ safeguards team will be responsible for conducting village consultations. In the census survey, the project will list the names of the owners/users of assets likely to be acquired, temporarily used or damaged for which compensation will be payable and the MoPW and MRRD will prepare a Resettlement Action Plan (RAP) or Abbreviated RAP for the road sub-projects (where needed) that will ensure that all these affected assets are justly compensated. The approved RAP will be presented and explained to all affected households and persons and other interested parties. The census survey will be conducted in the affected lands. 7.4 Consultations with Government Officials and Other Stakeholders The supervising consultants will meet with provincial and local officials to ensure that they are fully appraised about the project including the formulation and details on the implementation of the RAP. The PIUs will coordinate with land valuation committees. There will be coordination with the district governors which have jurisdiction over the sub-project areas as well as village leaders. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders. 7.5 Preparation of Project Specific Informative Material Project specific informative materials will be prepared and distributed to the PAPs to create awareness among the PAPs regarding their entitlements and compensation payment procedures and grievances redress mechanism. They will cover the following: 39  After approval of this RPF by the World Bank, it will be translated into local languages and disclosed to the stakeholders especially affected persons by the MoPW through consultants and at village meetings. RAPs for each subproject will be made available to the concerned district governments, village leaders and directly affected households and MoPW and MRRD’s regional offices as an official public document. This RPF will also be disclosed on the MoPW and MRRD websites.  A summary of this RPF will be prepared specifically for this purpose and will be translated into local languages and presented to all PAPs in the form of a pamphlet/ brochure, to enable the PAPs and local communities to read it by themselves and be aware of the benefits/compensations to be made available for various types of PAPs. PIUs staff will distribute the brochures through the village meetings and will explain the mechanisms and procedures of the consultation program and how PAPs will be engaged in resettlement activities and the overall process.  A cheque disbursement schedule – or preferably transfer of compensation to PAP’s bank accounts, explaining the date, time and venue for disbursement of compensation cheques of each PAP will be prepared in local languages and distributed to all PAPs. This will also be disclosed in the village meetings.  A package containing following information material will be prepared for each PAP. - Inventory of PAP’s losses - Schedule for compensation cheque disbursement explaining the date, time and venue for receiving cheque, vacating land and demolition of structures - Pamphlet/ brochure in local languages - Grievance redress mechanism - Any other relevant information for the PAP 7.6 Disclosure The RPF will be disclosed to the PAPs through the village meetings, and informal interaction between the PAPs, consultants and PIUs staff. After its approval by the World Bank, the following disclosure plan will be followed:  Provision of the RPF in local languages and English to PIUs, MoPW and MRRD field offices, PAPs, provincial officers and district provincial offices, other local and district level offices of the concerned agencies.  Disclosure of the RPF in village meetings  The RPF will be available in all public institutions for general public information  Posting of RPF on MoPW and MRRD website  Publicity will be given to the RPF through all forms of media  Provision of information packet to all PAPs 40 The local safeguards officers will again conduct meetings with the PIU staff, local government units and other government agencies as part of the disclosure process to acquaint them of the substance and mechanics of the RPF. They will be responsible to return to the affected villages and communities once this RPF is approved by MoPW, MRRD and the World Bank and conduct disclosure exercises through village meetings and meetings with PAFs to ensure that affected households will be familiar with this plan before the actual implementation commences. 41 8. Preparatory Actions and Implementation Schedule 8.1 Preparation Actions MoPW/MRRD/PIUs will begin the implementation process of each section of the project immediately after its approval by the World Bank. It will initiate some actions as groundwork and certain preparatory tasks regarding implementation of the RAP as follows:  Establishment of official cut-off date  A series of public consultative meetings and workshops with PAPs and local representatives and active involvement PAPs for the preparation of the final RAP or Abbreviated RAP  Endorsement of the abbreviated RAP or RAP by PIUs and its submission to World Bank for clearance  Establishment of criteria, requirements and procedure for disbursement of compensation cheques  Development of internal monitoring indicators and procedures  Identification of external monitoring agency who will undertake independent monitoring MoPW and MRRD are also committed to provide adequate advance notice to the PAPs and pay their due compensation based on the eligibility criteria defined in this RPF for resettlement including relocation and income restoration/assistance prior to start of construction work. The PAPs of affected structures/assets (houses, shops, etc.) will be paid their due compensations at least three months (90 days) prior to demolition of any structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and reestablishment of businesses. Payment of compensation of assets other than structures (land, crops, and trees) will be made at least 90 days prior to actual possession of the space being utilized by the PAPs. However, in case of a dispute regarding the compensation amount, up to 70% of the assessed/allocated amount of compensation will be paid to PAPs and the rest pledged in an escrow account in the names of the concerned PAPs, pending the resolution of the dispute. In case of dispute over rightful ownership, the compensation would be deposited in an escrow account awaiting the court resolution of rightful ownership. In such an exceptional case, the MoPW and MRRD may possess the land without full payment of compensation. Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this RPF. However, all activities related to land acquisition and resettlement will be completed prior to initiation of road construction activity. In case of absentee owners (e.g. conflict displaced persons); the compensation amount would be deposited in an escrow account and issued to the rightful PAP upon verification of identity and claim. The government will take all appropriate means (through electronic and written media, words of mouth through community relations) to identify/locate absentee landowners and provide documentation of these efforts. 42 8.2 Process of RAP Implementation The following paragraphs explain in detail how compensation will be delivered to PAPs and the prerequisites needed in triggering the release of financial resources to the ultimate beneficiaries. These steps are formulated in the light of the assumed availability of finance, the security situation, and travelling time. No account is taken of the likely situation in any province or district where sub-projects might take place. The steps for the delivery of compensation for all eligible PAPs will be the following: i. Obtain financial resources: Based on the final budget of each RAP. PIUs shall obtain the needed money for its counterpart to fund the land acquisition component from the Ministry of Finance. ii. Verification of the list of qualified PAPs: PIUs will verify the list of PAPs provided in the RAP to ensure that all eligible PAPs will be properly compensated and non-eligible PAPs will be excluded. To ensure that identification and qualifications are guaranteed, village elders and community Shuras will be consulted to resolve issues rising from the list. iii. Notification of a detailed compensation package: PIU will prepare and provide each PAPs with a detailed breakdown of affected assets, and the unit cost of each asset affected and the total compensation that they will receive. iv. Final conciliation/expropriation: PAPs who disagree with the amount of the detailed compensation package and how it was arrived at will be provided with a last or final chance to settle these issues. In the event that PIUs and the PAPs still cannot agree, the PIUs will file expropriation proceedings in the appropriate court, asking that MoPW and MRRD be permitted to take possession of the affected asset. The PIUs will pay the PAP 70% of the contested sum and deposit the remaining amount in an escrow account in a bank. v. Locate absentee owners: The PIUs through the village leaders shall try to locate absentee owners of affected assets. There are some cases where owners are residing or working in other places and every effort must be undertaken to locate these absentee owners. vi. Notification to the public: available media and community bulletin boards will be utilized to inform the public that lands with the corresponding owners will be affected by the project. These will provide sufficient time for any adverse claimants on lands that will be affected to raise their opposition or claims over the affected lands. vii. Preparation of invoices: Invoices for each of the eligible PAPs will be prepared by PIUs. This document entitles each of the PAPs to receive the amount indicated in the invoice. 43 viii. Delivery of the money to local bank: the money from MoPW/MRRD/MoF will be remitted to a local bank in the nearest town to the sub-project site. However, the MoPW/MRRD/PIU may remit the money for compensation to any bank of its choice. The bank account will be opened by PIUs which will receive from Kabul the compensation on behalf of the PAPs. ix. Payment: The PAPs will each receive a cheque for the whole amount of compensation from the PIUs. The PAP will sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the PAP receiving the cheque as part of project documentation. The PAP will cash the cheque by presenting their national identification card (NIC) and/or election registration card to the bank. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC. PAPs will be encouraged to open a bank account in any bank and only carry necessary money to their respective villages to avoid unnecessary exposure to those who might wish illegally or with force to relieve them of their cash. The benefits of having a savings account will be part of the information to be provided by the PIUs. 44 9. Complaints and Grievance Redress Based on the LLE when private landholdings are acquired for public purposes such as dam building, compensation is paid to the owner based on the category and location of the affected land and the values of land for compensation are determined by the Council of Ministers. The decision is based on the recommendation of a land acquisition committee (LAC) consisting of the following members:  Affected person who uses the land or his/her representative,  Representative of Ministry of Public Works or MRRD  Representative of the Ministry of Finance,  Representative of the Ministry of Justice, and  Representative of the CDC The land acquisition process is initiated with the constitution of the land acquisition committee. As land and other assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual’s property by the state. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the value of compensation. The LAC inquiries into the matter and reviews the valuation and tries to arrive at a win-win solution. The whole process is based on a negotiated approach and as the PAP or his/her representative is a member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets lost. The LAC thus also performs the tasks of a grievance redress committee. However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the matter to a project level Grievance Redress Committee (GRC) to try to resolve the issue. It should be pointed out however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an advisory body or facilitator to try to resolve issues between the affected household and the MoPW/MRRD/PIUs who would implement the valuation based on the decision of the LAC. The project level GRC will be composed of the following members:  Affected person or his/her duly appointed representative,  Representative of the local government,  Representative from MoPW or MRRD - ESMU,  Representative from the local legal department,  A representative from local community  45 The project level GRC will register the unresolved matter and meet to try to resolve the issue. A recommendation should be made within 7–10 working days. In the case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. If no decision has been promulgated after 10 working days from the last meeting of the grievance redress committee, the affected person may take the issue to the next level- Regional GRC or HQ (PIU) level GRCs at MRRD and MoPW. The PAP always has the final recourse to seek redress through the legal system. However, every effort must be exerted to avoid this alternative because it entails loss of time and expenses on the part of the PAP. The process of grievance redress has been made simple to expedite the process of decision- making and facilitate effective implementation. The grievance redress committee includes a representative from the local administration and the affected individual. Grievances are expected to be redressed locally within the existing framework. Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non- compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. The process to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS) is provided at http://www.worldbank.org/GRS. The process on how to submit complaints to the World Bank Inspection Panel is provided at http://www.inspectionpanel.org. 10. Monitoring & Evaluation 10.1 General Project activities will undergo both internal and external monitoring. Internal monitoring will be conducted by the PIUs. Third party monitoring has been assigned to MSI who provides regular monthly and quarterly reports. 10.2 Internal Monitoring Internal monitoring will be carried out routinely by the PIUs through the PIUs regional offices and results will be communicated to World Bank and the MoPW and MRRD through the regular project implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field 46 and reported monthly to the PIUs to assess the progress and results of RAP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated every quarter in standard supervision reports and submitted to the World Bank. Specific monitoring benchmarks will be:  Information campaign and consultation with PAPs;  Status of land acquisition and payments on land compensation;  Compensation for affected structures and other assets;  Temporary displacement of PAPs  Relocation of PAPs;  Payments for loss of income;  Income restoration activities.  Grievance received and status of redress 10.3 Independent-Third Party Monitoring During the last three years, the third party monitoring agency’s monthly monitoring reports have covered safeguards compliance at field level using site specific ESMPs and Abbreviated RAP. The agency’s reports are informed by field observation visits and discussions with community representatives and various members of the project team. Recently responsibility for Third Party Monitoring has been transferred to a new organization (MSI) which will be responsible for monitoring safeguards compliance under the AF. The role of the Third Party Monitor is increasingly important as security considerations prevent World Bank staff from visiting most sub projects. Safeguards staff from both Ministries plan to meet regularly with MSI to review their safeguards findings and recommendations. The third party will also assess the status of project affected vulnerable groups such as female- headed households, disabled/elderly and poor families. The following will be considered as the basis to develop the indicators for monitoring and evaluation of the project:  Communications and reactions from PAPs on entitlements, compensation, options, alternative developments and relocation timetables etc;  Changes in housing and income levels;  Effectiveness of arrangements for temporary displacements;  Rehabilitation of squatters (if any);  Valuation of property;  Grievance procedures and outcomes;  Disbursement of compensation; and  Level of satisfaction of PAPs in the post resettlement period. 47 The third party monitoring agent will carry out a post-implementation evaluation of the RAP or Abbreviated RAP about 1 year after its implementation to find out whether the RAP objectives were attained or not. The socio-economic survey base-line will be used to compare pre- and post- project conditions. The third party monitoring will recommend supplemental assistance for the PAPs in case the outcome of the study shows that the objectives of the RAP have not been attained. 10.4 Management Information Systems All information concerning resettlement issues related to land acquisition of the acquired land and affected structures, inventory of losses by PAPs, compensation and entitlements, payments and relocation will be collected by the PIUs. This data bank would form the basis of information for RAP implementation, monitoring and reporting purposes and facilitate efficient resettlement management. 10.5 Reporting Requirements The PIUs will be responsible for supervision and implementation of RAP and prepare monthly progress reports on resettlement activities and submit to the PIU for review. The PIUs will also monitor RAP implementation and submit quarterly reports to the World Bank. The external monitoring agency (third party monitoring- MSI) will submit monthly and quarterly reviews to the World Bank and determine whether or not resettlement goals have been achieved; more importantly whether livelihoods and living standards restored/enhanced and suggest suitable recommendations for improvement. 48 1 Appendix 1: guideline for Abbreviated RAP Institutional responsibilities The regional PIUs, in co-ordination with the Shura/CDC at the village/district level and project engineer of respective subproject will be responsible for the planning and implementation of resettlement and addressing social issues. The most important issue will be documentation of these proceedings to avoid any communication gap in future. The procedures are as hereunder: Task 1:  Selection of Roads, for widening/rehabilitation/ new construction  Dissemination of Project Information, after selection of roads and prior to finalization of the alignment through Transect Walk;  Finalization of alignment through community planning involving the local communities and provincial departments during Transect Walk Consultations, a strip plan will be used to make inventory of social features and identify impacted properties;  Consultation with affected persons, to verify whether concerns of the communities and PAPs have / have not been incorporated into the project design through disclosure of outputs of Transect Walk.  Integrating Abbreviated RAP in project document where additional land is required, ensuring that the designs for the ARAP AF roads are sensitive to social issues and have incorporated the social considerations; Task 2:  Disclosure of process of land requirement and entitlement provisions, to provide information to PAPs.  If land acquisition is taken place with compensation to PAPs, compensation shall be issued and received by each PAP prior to physical acquisition and start of physical works.  Serving Advance Notice (not less than 3 months), for removal of encroachments and clearance of assets or standing crops;  Entering MoUs between CDC/NRAP and Individual/Group Landowners, to be coordinated by Regional PIU, which will submit a copy each to district governor and PIU at Kabul. This will ensure documented record of land donated or transferred to the ministry against compensation. In case of projects where individual PAPs are not significant in terms of numbers and amount of the land/asset loss of each PAP, MoU between PAPs and CDC /NRAP can be signed. In such case, MoU paper shall contain name and signature of all the persons whose land/asset will be transferred to the road voluntarily.  Information Disclosure and Consultations before construction: The community representative/contractor, as the case may be, shall, prior to mobilization of work, provide details of temporary impacts during construction such as disruption on existing pathway, increased pollution levels, possible damages to adjacent land due to movement of machinery and project completion date so that community is well aware of the project 49 issues. Similar provision shall be made for separate consultation with women of the community. Exclusion Criteria In accordance with World Bank OP/BP 4.12, on involuntary resettlement, a project requires a full Resettlement Action Plan (RAP) in case the number of affected people is from 200 and above and/or when the land acquisition has significant impact, i.e. exceeding 10 percent of the total holding and/or livelihood impact. Such sub-projects will not be funded under the present ARAP AF project. If 200 people or less will be involuntarily displaced or affected, an Abbreviated Resettlement Action Plan (ARAP) will be prepared. Format of Abbreviated RAP An Abbreviated RAP covers the following minimum elements: a. a census survey of displaced persons and valuation of assets; b. description of compensation and other resettlement assistance to be provided; c. consultations with displaced people about acceptable alternatives; d. institutional responsibility for implementation and procedures for grievance redress; e. arrangements for monitoring and implementation; and f. A timetable and budget. 50 2 Appendix 2: Guidelines for Land Donation and Community Compensation No land or asset acquisition may take place outside of these guidelines. These guidelines provide principles and instructions to ensure (1) the truly voluntary nature of any land donation, and (2) no donations effecting a livelihood impact exceeding ten (10) percent be allowed without to the individual/community. Voluntary Donations and Acquisition against Community Compensation a. Voluntary contributions. In accordance with traditional practices, individuals may elect to voluntarily contribute land or assets without compensation. However, the voluntary nature of any donation has to be clearly and fully documented by the individual PAP and supported by an assessment by the Safeguards Officer of the livelihood impact of the donation. No donation resulting in livelihood impact exceeding 10% is allowed. b. Voluntary contribution, or contribution against compensation, should be documented. (a) All land documentation should specify that the land is free of any squatters, encroachers or other claims. (b) No physical work can be initiated until agreed compensation has been paid. (c) Land transfer should be legally registered. Consultation Process The implementing agencies will ensure that all occupants of land and owners of assets located in a proposed subproject area are consulted. There will be gender-separate community meetings for each affected site or village (other projects) to inform the local population about their rights to compensation and options available in accordance with these Guidelines. The minutes of the community meetings shall reflect the discussions held; agreements reached, and include details of the agreement. The implementing agency shall provide a copy of the Minutes to affected persons and confirm in discussions with each of them their requests and preferences for compensation, agreements reached, and any eventual complaint. Copies will be recorded in the posted project documentation and be available for inspection during supervision. Sub-Project Approval In the event that a subproject involves acquisition against compensation, the implementing agency shall: 51 a. not approve the subproject unless a satisfactory compensation has been agreed between the affected person and the local community; b. not allow works to start until the compensation has been delivered in a satisfactory manner to the affected persons; Complaints and Grievances All complaints should first be negotiated to reach an agreement at the local community/village level. If this falls, complaints and grievances about these Guidelines, implementation of the agreements recorded in the Community Meeting Minutes or any alleged irregularity in carrying out the project can also be addressed by the affected persons or their representative at the ARAP Grievance Redress Mechanism If this also fails, the complaint may be submitted to the relevant implementing agency for a decision. Verification The Community Meeting Minutes, including agreements of compensation and evidence of compensation having been made shall be provided to the MoPW/MRRD, to the supervising engineers, who will maintain a record hereof, and to auditors and socio-economic monitors when they undertake reviews and post-project assessment. This process shall be specified in all relevant project documents, including details of the relevant authority for complaints at MoPW/MRRD or implementing agency level. 52