SHORT RESETTLEMENT PLAN

Supplementary Appendix to the Report and Recommendation of the President to the Board of Directors

on the

POWER TRANSMISSION AND DISTRIBUTION PROJECT

IN

AFGHANISTAN

Ministry of Energy and Water

This Report was prepared by the Borrower and is not an ADB document.

October 2004

Table of Contents I. II. Executive Summary Short Resettlement Plan A. B. Introduction Scope of Land Acquisition and Resettlement 1. 2. 3. 4. 5. 6. 7. C. Imam Sahib to Shekhanbandar Transmission Line Khan Abad and Taluqan City Distribution Transmission Line from Kabul to Gardez Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam Sarepul Substation Charikar City Distribution Project Affected Persons 1 2 2 2 3 3 3 i 1 1

Legal Framework and Compensation Policy 1. 2. 3. 4. 5. The Relevant Provisions from Law on Land Acquisition in Afghanistan 4 ADB’s Policy on Involuntary Resettlement 5 Project Principles and Policies 5 Eligibility and Entitlements 10 Project Entitlement Matrix 14

D.

Organizational Framework 1. 2. 3. 4. 5. The Environmental and Social Impact Assessment Office The Role of ESIAO/ Project Manager Project Supervision Consultant Provincial and Municipal or District Governments District and the Village Resettlement Committees 16 16 17 17 17

E.

Implementation and Operational Framework 1. 2. 3. 4. Pre-Resettlement Implementation Activities Implementation Phase Post-Resettlement Implementation Phase Implementation Schedule 18 21 22 22

F.

Grievance Redressal 1. 2. Objective and Procedures Facilitating the Filing of Grievances 22 23

G.

Social Rehabilitation Measures 1. 2. Direct Employment to the Project Fund for Social Development of Women and Minorities 23 23

Power Transmission & Distribution TA October 2004

H.

Resettlement Cost 1. 2. Estimated Expenses Plan for Financing Resettlement 24 24

I.

Monitoring and Evaluation 1. 2. Internal Monitoring External Monitoring and Evaluation 24 25 28

J.

Indigenous People’s Development Plan

Power Transmission & Distribution TA October 2004

or changes made to the original alignment to avoid encroachment. 4. including the scope for both internal and external monitoring. and land in the form of access-ways will only be required temporarily during construction. 5. however in some cases land holders will be required to remove or trim back trees which would interfere with lines. the significant challenge for the project. Where transmission lines are to be introduced to areas without existing alignments. and suggests how this may be assisted by the Project Supervision Consultant (PSC). with regards to implementation of the Resettlement Action Plan (RAP). and final budget.I. will be the implementation of land acquisition activities. There is no resettlement and very limited land acquisition required by the Power Transmission and Distribution project (the Project) since much of the project involves restoration of existing lines and substations.000). The social survey results indicated a very low proportion of female headed households (less than 1%) and no anticipated negative impacts on ethnic minorities. An amount of $1. The largest budget allocation is for locally procured external monitoring ($53. Lines will be placed on roadside reserves (northeast).420. 3.600 has been budgeted for a Fund for Social Development since the years of conflict in Afghanistan have greatly limited the roles of women in development on one hand. Following detailed design and before award of civil works contracts. 2. Since land acquisition has been minimised and there is no requirement for resettlement. the budget is a modest $68. Power Transmission & Distribution TA October 2004 Page i . As such compensation for a number of small land parcels (each in the range of 3-4 m2) has been budgeted for. or constructed on hillsides (south) not used for agriculture or habitation. designs are to be selected which will minimise potential resettlement issues. final asset inventory and valuation. As such this document also outlines the responsibilities of the government together with the relevant policy framework. including full census of affected persons. and displaced many minorities on the other. Disclosed to affected people. of which only $11. and the remainder for disclosure to project affected persons (APs) and associated activities. and Submitted to ADB for approval. MWP. Some areas with existing alignments have had tower footprints encroached upon by the surrounding croplands over the 20 years or so since they were last functional. existing local distribution structures will be upgraded where possible (east). however the project has conservatively been categorised B for indigenous peoples. While the land acquisition is minimal. EXECUTIVE SUMMARY 1. the short resettlement plan will be: • • • Revised based on the detailed measurement survey. given the existing negligible capacity of the Executing Agency.350 is for compensation for productive land and assets (mainly trees). In general there is no requirement to purchase land underneath power lines.

less than 200 people are displaced from housing. Introduction Short Resettlement Plan 6. The site for the substation has been selected. B. monitoring and evaluation. this report fulfils the requirements of a short resettlement plan. Provision has been made in the budget for some removal or cutting back of productive trees in the 5 km stretch from the substation running west. the project can be categorised as having Insignificant Resettlement: • Category B: Insignificant Resettlement . Some project areas were visited by the resettlement specialist. This chapter summarises recommendations with regard to the resettlement and land acquisition requirements of the proposed project. The resettlement field work and analysis was undertaken in Afghanistan during JuneJuly 2004. or 200 people or more will experience minor impacts. during which time the lease will be terminated. As such. 9. less than 200 people will lose less than 10 percent of their productive assets (income generating). Imam Sahib to Shekhanbandar Transmission Line 11. A. The crop was harvested in August 2004 and the land will be fallow until next planting season. Brief socio-economic profiles of the proposed project areas as they apply to resettlement and land acquisition are presented in the following subsections. Power Transmission & Distribution TA October 2004 Page 1 . This document also sets out best practices and responsibilities for RAP implementation. The farmer also owns the land adjacent to the site that he uses for farming. According to the Asian Development Bank definition below. together with the relevant policy framework. 7. It also outlines the responsibilities of the Islamic Republic of Afghanistan (IRA or the governement). The 20 km 110 kV transmission line from Shekhanbandar to Imam Sahib involves construction of a new substation in western Imam Sahib town and a new transmission line from the switching station south of Shekhanbandar running east through 15 km of desert and thereafter through sparsely populated agricultural land for about 5 km. others by the social/poverty specialist. 1. A Short RAP will be prepared. 8. This new line connects with the existing north-south 110 kV transmission line from Tajikistan through Shekhanbandar running down to Kunduz. with regards to implementation of the Resettlement Action Plan (RAP). It is government owned land currently leased to a farmer and being cropped in wheat. There are no adjoining houses or land uses which would be adversely affected.II. and the remainder (specifically in the south and east) by the domestic consulting team (due to the security situation at that time) to collect the information relevant to this report. Scope of Land Acquisition and Resettlement 10. It is a triangular site on the corner of the main Shekhanbandar to Imam Sahib town road and the road to a quarry.

Starting from Kabul. Transmission Line from Kabul to Gardez 15. which is currently barren and largely uninhabited due to presence of land mines and no irrigation (in stark contrast to the northern side of the road. • • 4. which is extensively cultivated in opium poppy Power Transmission & Distribution TA October 2004 Page 2 . corn and livestock. No known female headed households or ethnic minorities affected. by providing city distribution from a new substation in Taluqan (and in the case of Khan Abad from a 20kV feeder from Kunduz). The same can be said for Khan Abad. etc. further agricultural land with trees to the east and to the south the site borders a factory. Estimate of affected households: Less than 20. which is mainly in the valleys adjacent to the road. The area around Gardez is prominent for forestry (fuel lumber) and other areas for production of wheat. with 32 km link to Mehtarlam. so new routes will be designed to avoid settlements and agricultural land. The Taluqan substation is to be sited at the entrance to the city just over the main bridge and to the south of the road. The proposed 75 km 110 kV transmission line from Naghlu beside the settlement of Surobi. running east to Jalalabad. The identified site is flat bare land currently owned by the Ministry of Food and Industry. No existing transmission routes exist in this area. Khan Abad and Taluqan City Distribution 12. No major land acquisition or resettlement is envisaged in this area but some contingency has been set aside. 13. with Link to Mehtarlam 16. Transmission Line from Naghlu to Jalalabad. then rice paddies and the river to the west side. structures will be located on the southern side of the road. presents no land acquisition or resettlement issues since existing local distribution structures will be utilised or upgraded. 14. There was no evidence of any informal/temporary land use as the weeds were well established. The site is large (approximately 100 x 250 m) and the footprint of the proposed substation sufficiently small in comparison. • • 3. Where this is not possible. bare land adjacent to the main road on the north side (this site is currently being used as a second hand car sales yard and includes one dwelling). the 220 kV transmission line will go south from Kabul via Logar (Puli-Alam) to Gardez (94 km).• • 2. above the tree line. The site is adjacent to an access road (unsealed) beside an irrigation canal. Likely impact on income or sustenance by removal/trimming trees: minimal. that neighbouring land-users will not experience any negative impacts by way of noise and vibration. Estimate of affected households: None Likely impact on income or sustenance by transmission poles: minimal. by siting towers relatively high on hillsides. The component complements construction by Tajikistan (not part of this project) of a new 75 km 110 kV transmission line from Kunduz to Taluqan. Estimate of affected households: None Likely impact on income or sustenance by substation and city distribution: none. No issues will arise as a result of the city distribution network since existing poles and wiring will be used where they exist and the relatively unobtrusive bundle type conductors will be specified.

20. Sarepul Substation 17. Located about 5 km north of the Sarepul town centre. No IR impacts expected Project Affected Persons 19. There are no neighbouring activities or dwellings and therefore no likely impacts.and rice). No known female headed households or ethnic minorities affected. The link north to Mehtarlam will follow the roadside reserve in order to minimise the need for land acquisition. 21. The site is clear of UXO although some abandoned military vehicles remain. This is validated in the social survey.currently a challenging situation in Afghanistan but the subject of forthcoming technical assistance projects.000 m2 property owned by the provincial government. resettlement is very limited and compensation largely confined to removal of trees and small losses to productive land. • 6. approximately 10km north of Charikar towards Jabulsaraj. Estimate of affected households: Less than 20. Hundreds of thousands of Afghans fled the country over the last two decades and many are now returning from overseas or from elsewhere within the country. Essential records and information that were destroyed during the period of conflict such as parcellary maps of land properties are likewise being retrieved or developed under the transitional government. It is worth noting that many such returnees and internally displaced persons (IDPs) could be holders of qabala (title) to the properties they left behind during the years of conflict. No IR impacts expected. Exact figures of project affected persons in the six subprojects will require further confirmation during implementation in response to: • • Final detailed design of the transmission routes Clarification of land ownership issues . The site for the proposed Charikar substation. following detailed design and before award of civil works contracts. • 5. Charikar City Distribution 18. Likely impact on income or sustenance by transmission poles: minimal. Since the land acquisition required under this project is largely temporary during construction. The 350m x 350 m site is currently owned by MWP (certificate sighted). the short resettlement plan will be: Power Transmission & Distribution TA October 2004 Page 3 . is on a remote hillside with no apparent current landuse. A small contingency has been set aside for this route. the Sarepul 110/20 kV substation has already been established on a 5. Currently government ministries and agencies are undergoing an intensive programme of public administration reform. The land is presently clear and construction of the buildings associated with the substation is already underway. the difficult situation with regard to land titling and population mobility will have insignificant impact. • • 5. However.

for public interest is decided by the Council of Ministers by which compensation is based on equal and fair value according to the current market rates.• • C. Section 11. The right of the owner or person using the land will be terminated… three months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. The Compensation Policy Framework and Entitlements for PTDP were formulated with reference to the salient sections of Law on Land Acquisition and the ADB’s Policy on Involuntary Resettlement2. No law has yet been promulgated from these constitutional provisions however a pre-Taliban law remains in effect today. Section 13. 1 2 These refer to Articles 14. the value of houses. vineyards with economic significance. Section 2. Revised based on the detailed measurement survey. The Relevant Provisions from Law on Land Acquisition in Afghanistan 23. final asset inventory and valuation. The acquisition of land or a portion of the land. ADB’s Handbook on Resettlement: A guide to Good Practice (1998) and OM Section F2/BP October 29. Chapter 1. Legal Framework and Compensation Policy 22.25. 40 and 51. If such difficulty arises. For the purpose of public interest like the establishment/construction of public infrastructures and facilitation for acquisition of land with cultural or scientific values. Related to land acquisition. Chapter 1. including full census of affected persons. the following factors shall be considered for compensation: the value of land. He has the option to get residential land or a house on government property in exchange. A person whose residential land is subject to acquisition will receive a new plot of land of the same value. buildings and the land. Ratified in early 2004. the new Constitution of Afghanistan has three articles1 that are closely related to compensation and resettlement. Chapter 1. The acquisition of land or part of it should not prevent the owner from the use of the rest of his property or bring about difficulty for his usage. Section 8. 2003. Section 6. large gardens. the following provisions on land acquisition are applied: Chapter 1. Section 4. and final budget. and the values of trees. 24. except when there is emergency evacuation. 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. orchards and other assets on land. under proper procedures. Chapter 1. the entire property should be acquired. Chapter 1. Power Transmission & Distribution TA October 2004 Page 4 . land of higher agricultural productivity. The value of land depends on the category and its geographic location. Submitted to ADB for approval. They are presented as follows: 1. and land with forests and dams as well as lands for some exclusive circumstance.

h. i. It can be arranged with the owner if he wishes to exchange his property subject to acquisition with government land. so that their economic and social future would be generally as favourable as it would have been in the absence of the Project. such as indigenous peoples and ethnic minorities. The objectives and principles of ADB’s Policy on Involuntary Resettlement are the following: a. The difference on the values of land will be calculated. People unavoidably displaced should be compensated and assisted. 2. b. particular attention should be paid to households headed by women and other vulnerable groups. Cost of resettlement and compensation may be considered for inclusion in the Bank loan financing for the project. 3. Section 15. and resettlers should be integrated economically and socially with host communities. The values of orchards. The full cost of resettlement and compensation should be included in the presentation of project costs and benefits. Section 16. this should be minimised by exploring all viable options. g. Project Principles and Policies d. ADB’s Policy on Involuntary Resettlement 26. c. People affected should be fully informed and consulted in resettlement and compensation options.Chapter 1. If displacement of population is unavoidable. Involuntary resettlement should be avoided where feasible. Chapter 1. Involuntary resettlement should be conceived and executed as part of the project. A comparison of the above laws and policies are summarised in Table 1. e. The absence of formal legal title to the land by some affected groups should not be a bar to compensation. vines and trees on land under acquisition shall be determined by the competent officials of the municipality. f. and appropriate assistance provided to help them improve their status. 27. Existing social and cultural institutions of resettlers and their hosts supported and used to the greater extent possible. Power Transmission & Distribution TA October 2004 Page 5 .

Related to land acquisition. Remarks Neither the 2003 Afghanistan Constitution nor the Law on Land Acquisition has provisions for public consultations. Its compensation package does not address the unregistered users of land but which may be also displaced by land acquisition. The provision of the local law is silent on cost of social preparation and livelihood programmes. The ADB policy and the local law are compatible on their policies. Section 2 of the Law on Land Acquisition) People unavoidably displaced should be compensated and assisted. buildings and the land. this should be minimised by exploring all viable options. so that their economic and social future would be generally as favourable as it would have been in the absence of the Project. (Chapter 1. The acquisition of land or part of it should not prevent the owner from the use of the rest of his property or bring about difficulty for his usage. Section 6 of the Law on Land Acquisition). ethnic minorities and pastoralists who may have usufruct or customary rights to the land. Public consultation is an important aspect in implementing resettlement. the Law on Land Acquisition suggests that compensation is only for those who have titles of ownership. The second statement in the provision of the Law on Land Acquisition should be adopted in project policy. so long as the compensation is adequate and according to market rates. except when there is emergency evacuation (Chapter 1. The acquisition of land or portion of the land. People affected should be fully informed and consulted in resettlement and compensation options. Section 8 of the Law on Land Acquisition). The right of the owner or person using the land will be terminated… three months prior to start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made. the following factors shall be considered for compensation: the value of land. (Chapter 1. Power Transmission & Distribution TA October 2004 Page 6 . This provision of the Law on Land Acquisition in Afghanistan is very much consistent with the explanations behind this ADB policy. Section 4 of the Law on Land Acquisition).Table 1: Comparison of Law on Land Acquisition in Afghanistan and ADB’s Policy Relevant Provisions from the Law on Land Acquisition in Afghanistan Applicable ADB’s Policy on Resettlement People affected should be fully informed and consulted in resettlement and compensation options. for public interest is decided by the Council of Ministers by which compensation is based on equal and fair value according to the current market rates. (Chapter 1. If such difficulty arises. The Bank agrees on full acquisition of land if it is no longer economically feasible and socially viable according to its usage. If displacement of population is unavoidable. 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. The full cost of resettlement and compensation should be included in the presentation of project cost and benefits. People unavoidably displaced should be compensated and assisted. However. It does not cover the indigenous groups. ADB Policy and that of the Law on Land Acquisition agree on fair market value according to the current market rates. so that their economic and social future would be generally as favourable as it would have been in the absence of the Project. the entire property should be acquired. the value of houses. and the values of trees orchards and other assets on land.

Affected populations in the sub-project areas will be systematically informed and consulted about the Project. under proper procedures. the following project principles and policies for the project shall apply: a. This provision is very much consistent with the compensation mechanism recognised by ADB. A person whose residential land is subject to acquisition will receive a new plot of land of the same value. For the reference of MWP in the design and implementation of Resettlement Plans. some provisions in the Law on Land Acquisition have been waived to make it consistent with resettlement principles of ADB’s Policy on Involuntary Resettlement. (Chapter 1. This provision is also recognised in ADB’s policy and is practiced by projects in other countries The same is recognised by ADB so long as the computation for compensation is based on current market rates. the rights and options available to them and proposed mitigating measures and to the extent possible be involved in the decisions that are made concerning their resettlement. Section 13 of the Law on Land Acquisition) It can be arranged with the owner if he wishes to exchange his property subject to acquisition with government land. (Chapter 1. (Chapter 1. He has the option to get a residential land or house on government property in exchange. vines and trees on land subject to acquisition shall be determined by the competent officials of the municipality. Section 15 of the Law on Land Acquisition). Power Transmission & Distribution TA October 2004 Page 7 . non-government organizations (NGOs). provided with appropriate social.Relevant Provisions from the Law on Land Acquisition in Afghanistan The value of land depends on its category and geographic location. children and the elderly) and ensure they are considered in the formulation of RAP and in the options and mitigation measures identified. (Chapter 1. The values of orchards. Applicable ADB’s Policy on Resettlement Remarks While its policy is generic. ethnic minorities. The difference on the values of land will be calculated. women. economic and operational as well as engineering solutions that have the least adverse impacts on populations along the RoW corridors of sub-projects. 28. Section 16 of the Law on Land Acquisition). c. such as. Given the assessment. leaders of host communities. b. the Bank recognises these considerations in valuating the prices of land in Afghanistan. Section 11 of the Law on Land Acquisition). The consultative process will include not only those directly affected but also representatives of the local governments of the areas in which the power transmission and distribution lines shall be located. women’s association and members of local ethnic minority communities. The Resettlement Action Plans (RAPs) for sub-projects will consider the needs of those most vulnerable to the adverse impacts of resettlement (including the poorest. Land acquisition and involuntary resettlement of people will be avoided where feasible or minimised by identifying possible alternative routes for power transmission and distribution lines.

However. All APs included in the list of families to be compensated and rehabilitated or able to prove their residency in the affected land before the cut-off date in DMS are equally eligible for compensation at current market rates of replacement cost. Compensation rates for houses and other structures. training for alternative livelihood and support to cover income losses during training and social rehabilitation programs including employment on project civil works. the last day of detailed measurement survey (DMS) that shall be carried out in each village where lands shall be acquired for the Right of Ways (RoWs) of power transmission and distribution lines will be the cut-off date for eligibility for receiving compensation. tenancy. residential. her or their: • Standard of living adversely affected. any person or household who on account of the execution of the project has or would have his. compensation of affected populations dependent on agricultural activities will be land-based wherever possible. temporarily or permanently. g. As part of the resettlement planning process. the use of indigenous materials for reestablishment of affected houses or structures shall be promoted but not at the expense of the environment and areas designated for protection and conservation. but also temporary loss of business and livelihood. households and communities losing assets. or • Social and cultural activities and relationships and other losses that may be identified during the process of resettlement planning. business occupation. h. commercial properties. such as access to services and traditional Power Transmission & Distribution TA October 2004 Page 8 . A Guide to Good Practice. Operations Manual and Handbook on Resettlement. with cash compensation avoided as an option as this may not address losses that are not easily quantified. Where practical and appropriate. Compensation will include not only immediate losses. livelihood and other resources will be fully compensated and assisted so that they can improve or at least restore their former economic and social conditions. individuals. The RAPs will be designed in accordance with the cultural practices of the Afghans affected by property acquisitions but which should be consistent with ADB’s Policy on Involuntary Resettlement. Compensation and rehabilitation or reconstruction support will be provided to any Affected Person (AP) that is. Affected populations within the sub-projects will be consulted and involved by the EA in the process of developing and implementing the RAP. j. work or place of residence or habitat adversely affected temporarily or permanently. and entitled to benefits from rehabilitation measures and social development support.d. i. k. the executing agency (EA) will take into account the rights of occupants who were forced to migrate due to political conflicts that are likely to return in their places. agricultural and grazing land. • Income earning opportunities. or interest in or right to use any land (i. • Right. m. e. and non-physical assets will be calculated at prevailing market rates for replacements without provision for deduction of depreciation. title or interest in any house. l. f. Where population displacement is unavoidable.e. Since Afghanistan has adequate reserves of lands. or right in annual or perennial crops and trees or any other fixed or movable assets) acquired or possessed.

this will include the provision of adequate human resources for supervision. w. x. failing which sites should be identified that minimise the social disruption of those affected. female-headed households. o. p. Grievances arising from the issues on payment of compensation and entitlement should be resolved prior to resettlement implementation abiding by the recommendation of the Committee on Compensation3 (CoC). Appropriate reporting (including auditing and redress functions). Clear budget commitments are required for critical activities such as final detailed physical surveys and administrative functions associated with compensation and resettlement. Rehabilitation measures for APs must also be in place. Affected populations that stand to lose only part of their physical assets will not be left with a proportion that will be inadequate to sustain their current standard and convenience of living. rights. Payment of compensation or replacement of affected assets and any resettlement to new locations must be completed before the award of civil works contract on sub-projects. and may eventually lead to those populations being worse off than without the Project. research institutions or a group of educators. s. q. but not necessarily be complete as these may include on-going activities. such a minimum size being identified and agreed upon during the resettlement planning process. monitoring and evaluation mechanisms. settlement clusters. and other vulnerable families will be carried out with respect to their cultural values and specific needs. Compensation of ethnic minorities. Monitoring reports shall be forwarded directly to ADB. families with disabled. u. Displaced households shall be assisted with the move and supported during the transition period at the resettlement site. Power Transmission & Distribution TA October 2004 Page 9 .n.1 for the composition of CoC. such lands should have access to services and facilities similar to those available in the lands affected. Organization and administrative arrangements essential for the effective implementation of the resettlement plan will be identified and in place before the commencement of the process. The EA will commit adequate budgetary support and make it available to cover the compensation and resettlement with the agreed implementation period. Replacement lands shall be within the immediate vicinity of the affected lands and of comparable productive standards and potential. t. The EA could have the options to finance resettlement activities with funds coming from different international donor institutions. will be identified and set in place as part of the resettlement management system. productive assets (income generating) and cultural assets shall be adversely affected by the subproject. liaison and monitoring of land acquisition and rehabilitation activities. The award of construction works contracts will be given “no objection” after the evaluation of resettlement plan implementation by IMAs have been cleared by ADB noting that the required lands for the Project have been fully acquired and 3 Refer to last paragraph of Section E. v. or from its own coffers. r. Development plan for indigenous people or ethnic minorities shall be prepared if part of their domain. Such agencies that could be qualified as IMAs are NGOs. The MWP will hire independent monitoring agencies (IMAs) to evaluate the propriety and adequacy of resettlement processes.

Entitlements of Unregistered or Customary Users (Not holding land titles or certifications for on-going application for land titles) The same as for Legal Owners. (b) tax payment receipt. lands. the APs are defined as those who are eligible for compensation and that they are able to demonstrate their eligibility by means of: (a) land title and/or certification for on-going application for a land title with appropriate government agency. The entitlements for each type of APs are based on the types and levels of losses that would affect the lands and properties as observed during the field assessments in the project component areas. Eligibility 29. or better than. (For budget. Their land shall be restored to its previous condition. 4. They will not be compensated for land if returned to its original use. land-to-land compensation with the EA to shoulder the cost related to land titling. a. (c) residency or community certificate. a. The APs are those who owned (either legally or customarily) the houses. Project Impacts and Entitlements 30. i. (i) (ii) Agricultural Land and/or Grazing Land Temporary Loss of Agricultural Land Entitlements of Legal Owners (Holders of land titles or have certifications for on-going application for land titles) They shall be paid rent during temporary use of their land. and (e) cadastral record. b.populations appropriately compensated and relocated in compliance with the preceding project policies. by providing measures to improve its quality in cases the land is adversely affected or acidified. or (f) simply being listed in the DMS inventory on or before the cut-off date in each village. Under this framework. crops and trees and other assets. (i) (ii) Power Transmission & Distribution TA October 2004 Page 10 . Permanent Loss of Agricultural Land For Legal Owners For fully affected agricultural land that is no longer economically feasible for its present use. (d) business permits and licenses. the market price of land to be acquired has been calculated at the rate of $4 per square metre but shall be adjusted at the time of detailed measurement to reflect actual regional land prices). For partially affected agricultural land which remains economically feasible for its use. (i) 2. Eligibility and Entitlements a. 1. land-to-land compensation if property is b.

1. cash compensation for the portion of land to be acquired. For Unregistered or Customary Users The same as for Legal Owners Residential and/or Commercial Land Permanently affected Residential and/or Commercial Land with Structures Built Thereon Legal Owners For fully affected residential and/or commercial land that is no longer economically feasible for its present use. the market price of land to be acquired has been calculated at the rate of $4 per square metre but shall be adjusted at the time of detailed measurement to reflect actual regional land prices). Power Transmission & Distribution TA October 2004 Page 11 . House owners (regardless if land is owned or not) a. or.adjacent to government land with similar land use and nobody is using it customarily. the market price of land to be acquired has been calculated at the rate of $4 per square metre but shall be adjusted at the time of detailed measurement to reflect actual regional land prices) Unregistered and/or Customary Users The same as for Legal Owners. (For budget. The owner could have the option to be relocated in government land. (i) (ii) b. land-to-land compensation. For partially affected residential and/or commercial land which remains economically feasible for its present use. cash compensation for the portion of land to be acquired. the market price of land to be acquired has been calculated at the rate of $4 per square metre but shall be adjusted at the time of detailed measurement to reflect actual regional land prices). b. (i) iii. The compensation policy on houses and structures is provided as contingency in case there will be houses that shall be affected by the PTDP subproject. Partially Affected Permanent and Semi-Permanent Structures The structures considered in this category are those which are still feasible for human settlements and present use thereon. or. (For budget. Houses and Structures a. The owner has the option to acquire a government land in exchange for the portion of the property acquired for the project. land-to-land compensation with EA to shoulder the cost related to land titling. (i) ii. (For budget. 1.

(i) (ii) d. or cash. and Afs 423 (USD 9. (i) (ii) b. the rate shall be at Afs 200 (USD 4. Entitlement to reconstruction allowance (refer to Item 3 below). the market price of trees to be compensated for has been calculated at the rate of $5 per tree but shall be adjusted at the time of detailed measurement to reflect actual regional prices.00) for the skilled ones. and agreed with affected persons. a. House owners (regardless if land is owned or not) Provision for equivalent replacement materials with values are based on current unit market prices without deduction for depreciation. the latter will apply. However. Entitlement to reconstruction allowance for cost of labour (Refer to Item 3 below).(i) (ii) Provision for replacement materials with values equivalent to current market price of materials to be replaced without deduction for depreciation. b. Power Transmission & Distribution TA October 2004 Page 12 . or a combination of both according to the actual loss. c. Cash compensation for loss of fruit trees and wood trees with ages that range at 3 years and above. or cash. 3. For house owners who want to build the house on contractual arrangement. Fully Affected Houses or Structures The houses and/or structures under this category are: (a) partially affected but which are no longer suited for human settlements. if the above rates differ from the prevailing rates paid in the subproject location. or a combination of both according to the actual loss. type and size of tree. the rate would be at Afs 470 (USD 10) per m2 for house made of concrete. and (b) those that shall be totally affected by land acquisition for RoW. (For budget purposes. Temporary Loss of Business 2.) Reconstruction Allowance For house owners opting to pay the workers on a daily basis.00) for unskilled. a. Affected Crops and Trees Owners (regardless if land is owned or not) Cash compensation for loss of crops at current market prices. and Afs 450 (USD 9) per m2 for house made of earth and other indigenous materials. No compensation for trees below three (3) years old as these can still be transplanted.

(i) a. The APs or any eligible adult member of their households will be given employment upon mobilisation of sub-project civil works in their respective villages. b.000 as grant for small business. Power Transmission & Distribution TA October 2004 Page 13 . ethnic minorities and the very poor will receive Afs 3.(i) A lump sum one-time grant of Afs 3. In addition. their family will be assisted on the following: Project-related Employment. e.000 (USD 60)4 for loss of business and income restoration. Fund for Social Development (FSD) Eligible head of household or person from socially disadvantaged groups such as women. Training for Livelihood or Alternative Income Sources. The eligible APs or any member of their households shall be given training for livelihood or alternative income sources. The women. widows heading the family and very poor regardless of ethnic groups shall be given preference. 4 A figure determined through consultations in the field as sufficient for small business set up costs – usually small retail.

Consultation with APs on the acceptability of land.No compensation if land is returned to its original use.Cash compensation for necessary transition costs (i. .Cash compensation for necessary transition costs.Assessment of current market values . etc.Consultation with APs .Consultation with APs . Implementation Issues Temporary loss of agricultural land. EA has to reconstitute title .Restoration of land to original condition . Project Entitlement Matrix 31. Table 2: Entitlement Matrix Type of Loss Eligibility of APs Legal owners holding title of the land and/or other certification Owners with ongoing application for a title. . per diem during move. Legal owners of fully affected lands holding titles or certification for ongoing application for a title. . cash compensation for portion to be acquired. .Cash compensation payments. The EA has to shoulder the cost of titling to legal owners . The entitlement matrix in Table 2 summarises the provisions for compensation and entitlements as described in the likely impacts in any of the sub-project of PTDP. Permanent loss of agricultural land.Land-to-land compensation . Same as for legal owners .Payment of cash compensation.Payment of cash compensation . Compensation Policy .The EA will shoulder the cost of land titling. Customary or unregistered users of fully affected lands.or. Customary or unregistered users of partially affected lands.Consultation with APs .Land-to-land compensation for both users. Unregistered and customary users.5.List of unregistered users.). 1 . . Same as for legal owners . .MWP pay rent to AP for the duration of temporary use .Cash compensation for necessary transition costs. Legal owners of fully affected land holding title of the and/or other certification Owners with ongoing application for a title.Compensation of standing crops and trees at current market rates. 2 Permanently affected residential and/or commercial land. Power Transmission & Distribution TA October 2004 Page 14 .Has option to be relocated in government land .Cash compensation payments.Assessment of current market values .Consultation with APs .e. Land-to-land compensation if property is adjacent to government land.Cash compensation of standing crops and/or trees.List of unregistered users. . . Legal owners of partially affected lands holding titles or certification for ongoing application for a title. .Consultation with APs .

Cash compensation for necessary transition costs.Cash compensation for necessary transition costs. Owners of partially affected houses or structures regardless of owner-ship on land 3 Loss of houses and Structures . . Trees below three years old will not be compensated.000 for loss of business and income restoration . or cash payment without deduction for depreciation. 5 Reconstruction Allowance Owners of affected houses or structures Payment of cash compensation 6 Loss of business Owners regardless if land and house are owned or not.Provision for equivalent replacement materials with values equivalent to current market prices without deduction for depreciation. Legal owners of partially affected land holding title of the and/or other certification Owners with ongoing application for a title. .Consultation with APs . .Type of Loss Eligibility of APs Customary and unregistered users of fully affected lands.Land-to-land compensation . Cash compensation Power Transmission & Distribution TA October 2004 Page 15 .Cash compensation payments Same as for legal owners . Or can be a combination of both with due consideration to actual loss.Updated list of APs . cash compensation for the portion of land to be acquired. Compensation Policy Same as for legal owners . .A lump sum one-time grant of Afs. Implementation Issues . Owners regardless if land is owned or not.Payment of cash compensation.Consultation with APs . .Consultation with APs .Payment of cash compensation.Consultation with APs .Updated list of DMS. Customary and unregistered users of partially affected lands.Cash compensation at current market rates.Provision for replacement materials with values equivalent to current market prices. 4 Loss of crops and trees.List of unregistered users.or.Owners opting to build house on daily basis will be provided with cash based on workers daily rate . Cash compensation for necessary transition costs. 6. . Owners of fully affected structures. Or combination of both with due consideration to actual loss. .Owners opting contract the building of house will be provided with cash equivalent to cost of materials per m2 (Refer to Item E of Project Impacts and Entitlements) .Payment of cash compensation. .Updated list of APs .

cities or districts and villages to carry out the activities outline in the RAP. international donor organizations. Best practices for project implementation follow regarding organizational framework for resettlement and land acquisition. the present organizational structure of MWP is an interim one and it has no office for environmental and social impact assessments. D.Training on livelihood and and the very poor other income sources APs. Organizational Framework 1. which shall initially compose of one civil engineer. An ongoing World Bank-assisted study is being undertaken on the restructuring of government bureaucracy with the recommendations have yet to be finished before or after the country’s national elections in early 2005. Created under the transition government. Note: Implementation issues are the concerns that are likely to occur during the implementation of RAP in each sub-project. minorities . (c) assessment of property values.Identification of eligible Fund for dis-advantaged member in the Project civil candidates by the Ministry 7 Social groups such as of Women. Whatever the recommendations drawn from this study. 3. (g) resettlement and organizational framework.Eligibility of APs Compensation Policy Implementation Issues Eligible head of . (b) principles and procedure of land acquisition. The Deputy Director or staff from ESIAO will be designated as the PTDP full-time Chief Resettlement Officer (CRO) to assist the PM in the daily activities related to RAP implementation. The training will deal with issues concerning (a) consultation and participation. Rehabilitation works women. implementation and operational framework. They will assist the Director in environmental impact assessment. The Environmental and Social Impact Assessment Office 33. social survey and resettlement planning. MWP is expected to create an Environmental and Social Impact Assessment Office (ESIAO) for better management of land acquisition. budget and implementation arrangement. and supervision and monitoring of RAP implementation. It will be also responsible for hiring an Independent Monitoring Agency. an environmental science graduate and a statistician. resettlement and environmental issues on power projects. one with social scientist. and (h) monitoring and evaluation. Through the CRO in co-ordination with the provincial and the district governments as well as the district resettlement committees (DRCs) and village resettlement committees (VRCs). Type of Loss 32. (e) grievance redressal.A grant of Afs. The Role of ESIAO/ Project Manager 34. (d) payment of compensation. and resettlement committees at various levels. and social rehabilitation measures. the MWP is expected to benefit from ADB technical assistance (TA) to strengthen the social and environmental management capacity of ESIAO.Employment of household . the PM will monitor the progress of land acquisition and resettlement Power Transmission & Distribution TA October 2004 Page 16 .000 for household or small business persons from socially . A Director will head the ESIAO. grievance redressal. (f) resettlement infrastructure development. Prior to the implementation of PTDP. The CRO will be responsible for organising the affected provinces. 2. with one Deputy Director and four staff. The Director will serve as the Project Manager (PM) in charge of resettlement and land acquisition. The ESIAO Director will be responsible for overall co-ordination with various relevant ministries/agencies.

In order to simplify the co-ordination and save on operational cost. if required. Provincial and Municipal or District Governments 36. MWP will recommend to the local governments that members of the VRCs should be the officials of the village governments and two representatives from APs. and (e) the local police. The provincial and the municipal or district governments will be involved in RAP implementation. As it is in the interest of PTDP to make the relocation of APs successful. 5. such as: (a) Ministry of Women’s Affairs. (d) Ministry of Social Affairs. 4. At the district or municipal level. The resettlement committees are pivotal in RAP implementation. The Resettlement Specialist will design the appropriate information system in collecting information from the affected villages for internal monitoring. District and the Village Resettlement Committees 37. They will be also involved in the resolution of complaints and grievances. The VRCs will be also tasked in the resolution of complaints and grievances Power Transmission & Distribution TA October 2004 Page 17 . MWP will arrange with the provincial governments for them to act as the centre of co-ordination between MWP and the municipal or districts during RAP implementation. It will assign a Resettlement Specialist who will provide the direction to ESIAO in implementing the RAP including the internal monitoring. The Project Supervision Consultant (PSC) Resettlement Specialist will provide support to the ESIAO in the implementation of the RAPs. the Planning Office of the provincial government will be designated to co-ordinate with the planning offices at the district or municipal level which will then co-ordinate and communicate with the resettlement committees of the district and the villages. It is envisaged that co-ordination with local government shall be routed through their respective regional planning offices.management in various locations of PTDP subprojects. which will in turn co-ordinate with district and the village resettlement committees. will be designated to manage the Power Transmission and Distribution Project (PTDP) following the ADB’s approval of the loan. (c) Ministry of Public Health. They will assist the village resettlement committees during relocation. A Project Supervision Consultant (PSC) that will assist the MWP. 38. the PSC will provide technical support to MWP in RAP implementation. MWP or the new ministry will recommend to the provincial governments that the deputy governors should be in-charge of the district resettlement committees with members including representatives of national offices in the locality. 3. (b) Ministry of Rural Rehabilitation and Development. The Provincial Planning Office will collect and compile the information from the municipal or district offices. As part of project preparation. Project Supervision Consultant 35. Commission on Human Rights.

Power Transmission & Distribution TA October 2004 Page 18 .E. In every consultation. On Land Values (i) It will request verification of recent land use rights in urban and rural areas in the province where the subproject shall be located. the NGO responsible for DMS will calculate the compensations for APs. and will validate the findings of the independent firm or professional practitioners by way of the following: a. Land acquisition under this project however is sufficiently limited that the cost of such a survey would far outstrip the purpose and therefore it has not been budgeted for. The MWP will give them orientation on the purpose of the survey. Its personnel shall be trained on the approaches and procedures in preparing and implementing the resettlement plan. MWP will ensure that compensation to APs is adequate based on the principle of replacement cost as stipulated in this framework. 41. Parcellary Survey of Properties and Public Information Campaign 39. and commission an independent firm or practitioners in property appraisal to determine the market values of lands or properties which must be acquired under the project. MWP will arrange with provincial governments concerned to advise their respective districts/municipalities to prepare parcellary maps of properties covered by PTDP RoWs. including the appropriate documentation of payment for compensation in order to reduce the cases of grievances from the APs. with losses of land. Pre-Resettlement Implementation Activities a. Many essential government records have either been destroyed or lost as land demarcations were misplaced during the years of conflict in Afghanistan. Based on the report on market values. detailed measurement surveys will be conducted in project affected areas. MWP will see to it that the people are adequately informed and there will be presentation of visual aids illustrating the subproject RoWs. including the entitlements stipulated in Section C. MWP will however co-ordinate with the provincial agriculture offices for information on the prevailing cost of wood and fruit trees as well as plants and crops. rather than written information since a large proportion of the target population are illiterate. b. which can be designed by the implementation consultant and carried out by a local NGO. Valuation of Lands and Assets 42. The aim should be to ensure that the rights and entitlements and compensation procedures are clear and acceptable to APs. Following the reestablishment of property boundaries (as required) and the public information campaigns. Project disclosures and a project information campaign shall be also initiated in this phase in which the cooperation of the provincial and the district governments is highly valuable in order to reach the people in the villages. 40. The ESIAO will be also responsible for an information campaign. houses and other assets recorded in the DMS questionnaire. stakeholders and the APs. and (ii) Determine the sufficiency of established rates for the value of land it will provide to APs in exchange of the land that will be acquired from them. whenever available. There will be public consultations and focus group discussions with community leaders. and grievance redressal (see Section F) as well as monitoring and evaluation (Section I) shall be emphasized during consultations. The release of compensation and entitlements. Implementation and Operational Framework 1.

(ii) Obtain cost estimates by consulting at least three suppliers of materials in the area. (ii) representative of the government agency that will acquire the land. Through the ESIAO. the updating of values and prices shall be done only once prior to award of construction contract of the subproject. mosques and other amenities available in their present locations. the MoJ and the representative of the district or municipality shall serve as the CoC (Committee on Compensation) in which the MWP and the AP shall abide to the recommendation. In order to shorten the process. and (v) representative of the Ministry of Justice (MoJ). The subprojects are envisaged to be constructed one at a time. d. On Structures (i) Appraise whether the compensation for houses or structures will enable the APs to rebuild their affected structures by consulting selected persons on the following: • The source of materials. When both parties agreed on compensation. if it continues to go down. On Plants and Trees (i) As they are the authority. the MWP will also consult the host villages prior to the transfer of APs. c. the MWP will prepare the list of APs and summarize the amount of compensation for budget approval. MWP will ensure that the places are free from risks or danger arising from unexploded land mines. Prior to the transfer. the latest price should apply.b. (iv) representative of the Ministry of Finance (MoF). Assisted by the district governments. Power Transmission & Distribution TA October 2004 Page 19 . (iii) representative of the district or municipality. In cases of disagreements. They will be consulted as to their preference on locations. Foremost considerations in site selection are the availability of water source and access to transportation. 43. Section 5 of the Law on Land Acquisition provides that the district where the land shall be acquired will facilitate the resolution where the following parties shall be called upon: (i) the owner or representative of the owner of the land. and • The types of labour used if the workers were hired by the owner and paid daily wage. The MoF. the MWP shall then negotiate the compensation with APs. In case of off-site relocation. distance of transport and the cost of various materials. On the other hand. The MWP will see to it that the relocation sites should be equal with or better than during the pre-project levels where the APs could restore their livelihood and rehabilitate themselves socially. c. or built by a contractor. the provincial offices of the Ministry of Agriculture shall be consulted for the price of plants and trees prevailing in the province. the average between the lowest and the highest price during the last 12 months shall be applied for compensation. The provision for resettlement sites is a contingency measure in this framework in the event that involuntary resettlement cannot be avoided. Selection of Resettlement Sites 45. If the price appears on the rising trend. 44. MWP will prepare a document that legally binds such agreement. place of work and livelihood. On Crops (i) The prices of crops are subject to seasonal fluctuations.

If the latter option is the most viable. The DoA will ensure that the APs will not be evicted from the assigned lots. (The MWP will assist the APs if the latter is not capable to do so). For partially affected land without a title but which remains economically feasible for its existing use. Compensation Process 46. or directly pay the commercial suppliers offering the lowest prices within the areas covered by the district government hosting the subproject and have the replacement materials delivered to APs. wood and other construction materials other than earth. the AP shall receive cash for lost land. (ii) In case of replacement bricks. Section 5.d. or. the MWP will arrange with the District or Municipal government having jurisdiction of the lands for the issuance of Deeds of Assignment (DoA) to APs. concrete. Replacement Land for Unregistered or Customary Users Regardless of Land (i) For owners of affected lands without titles and which are no longer economically feasible for their existing use. MPW will ensure that the sources. and will follow the steps described in the preceding procedures. When the titles for replacement land become available. Nº 4 [b] of the Legal and Compensation Policy Framework provides for cash and non-cash compensations. On the other hand. 1. landto-land compensation if the property is adjacent to government land and nobody is using it customarily. the MWP will pay for the affected portions with cash compensation. are free from unexploded land mines. the values of replacement lands shall be included in the compensation budget. The MWP shall indicate the value of replacement lands in the budget for compensation. The values of replacement lands shall be reflected on the budget for compensation.3. Non-Cash Compensation Land-to-land Compensation for Legitimate Owners Regardless of Land Use (i) For affected land that is no longer economically feasible for its existing use. (ii) For partially affected land but which remains economically feasible. the MWP will prepare its own Deeds of Sale to APs for the replacement land. 2. MWP will be responsible for the reconstitution of titles of the land. MWP will advise the district governments to identify the areas where replacement earth materials could be obtained. the MWP will advise the APs to prepare a Deed of Sale to MWP. the MPW could pay cash compensation to APs. which shall be co-ordinated by MWP. The procedures are as follows: a. Power Transmission & Distribution TA October 2004 Page 20 . the owners shall then surrender the title of property to be acquired to MWP. With assistance from the appropriate UN agency. including the road access. Replacement Materials for House or Structures (i) In consultation with the local officials. Although a non-cash compensation. Use (ii) 3. Both Deeds of Sale shall be submitted to the District Government as among the requirements for the issuance of qabala (title).

51. • The DRCs and the village governors shall then advise the APs to produce the necessary legal documents for their identification in claiming the compensation and entitlements due to them. Cash Compensation 48. Following the approval of budgets for cash compensation. MWP will see to it that the APs will not be disenfranchised from their assistance. It will co-ordinate with international institutions and provide them the list of APs so that they will continue receiving such assistance. Prior to relocation. or access to it during the transition process. • The district office of the MoF will request the APs to present the documents pertaining to their identification to facilitate the release of compensation and entitlements due to them. the likely office that will be in charge of the release is the district office of the Ministry of Finance (MoF). The MWP will arrange with the district governments. through the provincial governments. When all of the above procedures have been completed. It will see to it that the disabled and the elderly members of the family. food for work. the ESIAO will inform the APs of the schedule of fund release. Prior to relocation. the ESIAO will advise the APs to make a list of their personal belongings and check them after they have been relocated. small Power Transmission & Distribution TA October 2004 Page 21 . Afghanistan is presently dependent on assistance from the United Nations and other international donor institutions. The ESIAO will also advise the APs to produce acceptable legal documents pertaining to their identification for claiming the compensation. It is the main responsibility of MWP to ensure that all the compensations and entitlements have been paid to and settled with APs prior to clearing the RoWs. MWP will advise the DRCs and the village governors on the schedules of fund release to APs. The MWP will initiate the following steps in releasing the cash compensation and entitlements to APs: • Through the district governments. Coordination with Relevant International Organizations 49. food for asset creation. In which case. The VRC shall organise the neighbourhoods that are not affected for their assistance in which the male members could be requested to help for the transfer of personal belongings while the female members shall accommodate the affected families in their houses for temporary shelters. MWP will see to it that they have food. e. Given the situation. Implementation Phase 50. food for education. 2. • The MWP will arrange with the district or city government for the release of payment for compensation and entitlement to APS. Likewise they shall be advised to cage their pets or herd their domestic animals in proper places. such as. the APs will sign a document signifying their satisfaction on the compliance of MWP on the agreement. for the orderly transfer of APs after they received their compensation and entitlements.47. b. The PSC Resettlement Specialist will guide the MWP in preparing a pro-forma document to be used for the settlement of obligation in the replacement of affected land and/or materials for house and structures. • The district office of the MoF will require the APs to sign a document indicating the receipt of their compensation and entitlements. etc.

These are as follows: a. This is because the internal monitoring which is the responsibility of ESIAO. If the AP is not satisfied or no reply from VRC. The duration of implementing resettlement will vary in each subproject area owing to the length of their respective power transmission and distribution lines. Several activities are also envisaged by MWP following the completion of resettlement of APs. The APs should be aware of the procedures on the resolution of grievances. approaches for which are described in Section 5. there should be also health personnel. The review is expected to last a week or two before the Bank confirms that it has “no objection” to MWP for the award of contract to the contractor. The details of Monitoring and Evaluation are discussed in Section 5. as set out in this framework. Objective and Procedures 54. The main objective of MWP in providing for a redressal mechanism is to avoid potential delays on the award of construction works for PTDP subprojects. F. will be the basis of MWP in requesting from ADB its “no objection” for the award of construction works to private contractors. pregnant women. c. police security and a representative from district women’s affairs. they can forward their complaints to the CoC which will issue the final decision within 30 days.7. Implementation Schedule 53. will be the basis of ADB in giving its “no objection” to the award of construction works. The grievance will be reviewed under the Project Policy Framework of PTDP and decisions regarding grievances shall be consistent with the approved Project policies and entitlement of PTDP. or in the absence of any reply from the DRC. The MWP will request from the district government that during relocation. the grievance applications will be forwarded to their respective DRCs. sick persons and mothers with newly born children are taken care of. Monitoring of resettlement activities and the compliance of the project policies by MWP. b. Social rehabilitation will be implemented. The DRC must decide within 15 days from the date the APs have filed their complaints. 4. which the ESIAO will inform to project stakeholders during project disclosures and public consultations. However. ADB will also conduct a mid-term evaluation to ensure that there are no adverse involuntary resettlement effects. Again. if the AP is not satisfied with the decision. which is the responsibility of IMA. This framework provides three-stage procedures for redress of grievances and complaints. are also the main agenda in this phase. Complaint by an AP on compensation and unpaid losses may be filed to their respective VRCs. Grievance Redressal 1. The VRC is obliged to reply and explain the decision within 15 days from the date the complaint was received.9. 3. Post-Resettlement Implementation Phase 52. the external monitoring and evaluation of project policy compliance by MWP. will not overlap with the schedules of construction activities in each subproject because the ADB has yet to review the external monitoring and evaluation report by IMA which shall be submitted after all the APs have been relocated. On the other hand.children. as laid out in the preceding framework. the MWP assumes that resettlement activities. The Independent Monitoring Agency (IMA) shall be invited to witness the relocation process. Power Transmission & Distribution TA October 2004 Page 22 .

This plan recommends a budget contingency of Afs 78. Fund for Social Development of Women and Minorities 58. The letter form shall be prepared in three copies. digging the foundation of poles and civil works as well as carrying of cables and other accessories to work sites. The VRC should assist the APs in filling out the form in every stage of filing the complaint. 1. employment. exclusive of compensation to their loss assets and resources. such as. size of the family. APs shall be selected from each subproject area. and displaced many minorities on the other. 5 This equates to USD 60. construction of temporary camps. it may be sensible for the NGO contracted to monitor the resettlement action plan to use it to provide training to project affected women and minorities on a suitable livelihood programme or through provision of micro finance. the PSC Resettlement Specialist will design a pro-forma letter that shall be used by APs for filing their complaints or grievances. It is given that the stable supply of power and electricity will have positive socioeconomic impacts in Afghanistan.0005 for small business/alternative income generation. The years of conflict in Afghanistan have greatly limited the roles of women in development on one hand.2. The MWP will stipulate a provision in the contract with contractors for preferential employment of APs. minorities and the poor. As the concept on compensation is new to the Government of Afghanistan.g. the subprojects will require many unskilled workers for its various activities. especially women. current income/expenditure. From mobilisation to actual construction. The objective of this measure. a figure determined through consultations in the field as sufficient for small business set up costs. Facilitating the Filing of Grievances 55. ESIAO will have the list of APs in each PTDP subproject area which shall be furnished to contractors. Direct Employment to the Project 57. Rather than provincial governments administering this fund. minorities and the poor can benefit more from the subprojects during their implementation. Under the PTDP. the following will be implemented as social development packages which are designed to offer opportunities and resources to APs. such as livestock. Social Rehabilitation Measures 56. etc. Each eligible household will receive Afs 3. some specific directions are needed for poverty reduction under the RAP implementation so that project-affected women. Power Transmission & Distribution TA October 2004 Page 23 . transfer of equipment and machines. Such compliance will be monitored by the IMA. quality of housing. The ESIAO will co-ordinate with the sub-project administrator to identify for each selected household a set of baseline data (e. It will explain to contractors that such is essential since employment of APs in the Project construction will be an added source of income in their income restoration process which is one of the principles of resettlement. and the third copy to the complainant AP.000 to set up a fund for social development (FSD) to assist up to 200 affected women and minorities in poverty. the original to VRC. is to establish their self-sustaining economic and productive potentials that will pull them out of poverty in the short and long-term. The ESIAO representative will inform the public of this requirement and the procedures for filing complaints and grievances during public consultations. However. carpet weaving. micro enterprise. savings mobilisation. G. 2. the duplicate to the MWP.

000 4. Internal Monitoring 61. It follows that the setting of time on Power Transmission & Distribution TA October 2004 Page 24 .420 (refer to Table 3: Resettlement Cost Estimate).600 750 68. Plan for Financing Resettlement 60. B C D E F G H I Land acquisition Loss of Trees House/Structure/W all Relocation Training/W orkshops Project Disclosures . The total budget for executing the resettlement for seven PTDP subprojects is Afs 3.all project areas Public Consultation .all project areas Land Survey Detailed Measurement Survey Internal Monitoring by MW P Diesel Per diems J K L M Supervision of Grievance Committee External Monitoring Fund for Social Development Loss of Business TOTAL 5 150 70 830 310 53.000 80 330 850 0 0 2.000 1. It may also request assistance from international donors to allot portions of their funds to resettlement activities which are consistent with their missions in Afghanistan. several options may be considered for financing the cash portions of resettlement expenditures.35 million or USD 68.health and education) to be utilised for monitoring of both poverty programme and impact of resettlement. All the activities in resettlement plan implementation are time bound and their completion precede the awarding of contracts to contractors.600 5. As the entire operation of the government is largely dependent on UN agencies and international donors. Monitoring and Evaluation 1. Resettlement Cost 1. Estimated Expenses 59. The Government of Afghanistan is responsible for payment of compensation and land acquisition. H. MWP may arrange with the host provincial and district governments to share expenses. Resettlement plan implementation in areas where the PTDP subprojects are viable to operate shall be undertaken by MWP.000 10 1 20 Size m 4 2 Unit Cost USD Total USD 4 5 20 80 1. I.420 not budgeted not budgeted Quantity 100 1. Assumptions for resettlement costs are given in Appendix 5B Table 3: Resettlement Cost Estimate Amount/Nº A.

and the construction areas are free of all encumbrances before the awarding of contracts to contractors. Development and implementation of the Fund for Social Development programme (ii) (iii) Power Transmission & Distribution TA October 2004 Page 25 . 62. the IMA will identify the categories of impacts and evaluate the quality and timeliness of delivering entitlements (compensation and rehabilitation measures) for each category of impact. External Monitoring and Evaluation 63. The ESIAO will make the RAPs and the completed DMS questionnaires available to IMA from which it will design the approaches in conducting the evaluation. and (c) were able to restore their incomes to pre-project levels. Given the significance of resettlement on PTDP. It will also evaluate whether all compensation and resettlement activities have been satisfactorily completed and rehabilitation measures put in place. The information obtained from APs shall be cross-checked with MWPESIAO and other offices involved in the implementation of RAPs. The IMA will submit the External Monitoring and Evaluation report directly to ADB. how entitlements were used and their impacts and adequacy to meet the objectives of RAPs. Evaluation of Delivery and Impacts on Entitlements. Survey of APs and Clarifications with MWP. (b) have re-established their structures. Based on information from APs. one for the representative sample of APs. Two sets of questionnaires shall be developed for the evaluation of RAPs. Basically. (ii) adequacy of organizational mechanism for implementing the RAPs. the scope of activities of IMA shall cover the following: (i) Preparation of Evaluation Questionnaires. and (iii) the handling of complaints and grievances. When all resettlement activities have been completed. Reports from host provinces shall be collected by ESIAO-CRO on or before the end of the month. the ESIAO-CRO will closely monitor and constantly co-ordinate with the concerned provincial governments for compliance of all actions and activities in resettlement plans according to their allotted time for completion. duly approved by ADB. A consolidated report shall then be released to MWP management a week after. Entitlements as specified in the RAPs b.the mobilisation for construction of PTDP subprojects will depend on the findings of internal monitoring. From the list of APs. the ESIAO Director will prepare a terminal report from which the MWP will base its request the “no objection” from ADB for the award of contract to contractors. The IMA that has been recommended be hired by MWP-ESIAO will evaluate the resettlement plan implementation in the PTDP subprojects. The evaluation will cover but not be limited to: (i) compliance with resettlement compensation policies. Entitlements and other mitigation measures to be evaluated shall include but not limited to: a. IMA will select and establish representative samples that shall provide information on the adequacy of entitlements. 2. the other is for the organization responsible for the implementation of RAPs. a. the dates and the manner they were resettled as well as compliance to Project Policies. It will assess whether the activities in the resettlement plan were carried out according to the Project Policy Framework established in the RAPs. Income restoration measures c. Scope of Activities 64. The IMA will see to it that the APs: (a) have been provided with replacement lands.

A Guide to Good Practice. Power Transmission & Distribution TA October 2004 Page 26 . One refers to the evaluation of RAP implementation before MWP should be advice by ADB that it has “no objection” for the award of contracts to contractors. it will describe further mitigation measures needed to meet the needs of any AP or family perceiving themselves to be worse off as the result of resettlement. Descriptions of any outstanding future issues that are required to bring the resettlement into compliance with ADB’s Policy on Involuntary Resettlement. the changes in living standards and livelihoods and the restoration of the economic and social base of the APs. Evaluation of Consultation and Grievance Procedures. quantify and qualify the types of conflicts and grievances reported and resolved. strategies and approaches. or otherwise. The IMA will provide a summation of whether involuntary resettlement was implemented in accordance with the Project Policies established in the RAPs. The IMA will identify. pp. The report shall be prepared at least one ex-post evaluation survey to assess the achievement of resettlement objectives. Likewise. of basic resettlement objectives. Indicators for External Monitoring and Evaluation The following indicators shall be observed by IMA in the evaluation of RAPs: Table 4: Indicators for External Monitoring and Evaluation External Monitoring Indicators • • • • • • • Basis for Indicators Location Composition and structure. 67. ages. Reporting Requirements 65. 66. There will be descriptions of lessons learned from the evaluation that might be useful in developing future resettlement policies in Afghanistan. The other type of evaluation report should provide the opportunity for ADB to reflect more broadly on the success. The IMA will use appropriate investigative and analytical techniques in assessing the post-Project socio-economic conditions of the APs in relation to the baseline socio-economic data on income and living standards.80-81.6 c. Declaration of Successful Implementation. This procedure is adapted from the practice that there should be inspection before the project turn over is accepted by the EA. Two types of report shall be prepared by IMA on the monitoring and evaluation of RAPs for PTDP. Lessons Learned. This declaration will be the basis of ADB to grant the request of MWP for “no objection” in awarding the contracts to contractors. b. educational and skill levels Gender of household head Ethnic group Housing type Land and other resource ownerships and their uses Income levels and their sources Basic Information on AP or households 6 ADB Handbook on Resettlement.(iv) (v) (vi) (vii) The quality and timeliness of delivery and sufficiency of entitlements shall be verified by IMA from independent sources like the neighbours of APs and village leaders. Issues and Follow-Up Actions. and the consultation and participation procedures.

APs • compensated with replacement land.External Monitoring Indicators • • • Restoration of living standards • • • Restoration of livelihoods (data to be disaggregated for APs • moving houses. • • • • • • • Effectiveness of Resettlement Planning • • • • • • • • Impacts of Poverty Reduction Strategy: • • • • Levels of AP Satisfaction • • Other Impacts Power Transmission & Distribution TA October 2004 Page 27 Basis for Indicators Agricultural production data (for rural households) Value of all assets forming compensation and resettlement entitlements Were house compensation payments made to the APs free of depreciation. Fund for Social Development of Women and Minorities Has the FSD been implemented? What activities were planned? Implemented by whom? How? Have small businesses been supported? Which businesses? How many? Type of support? Impact for women and minorities? Has women’s selfemployment and productive capacity been improved? Have women’s welfare and social protection been improved? Do APs know their entitlements? Do they know if these have been met? How do APs assess the extent to which their own living standards and livelihood have been restored? How much do APs know about grievance procedures and conflict resolution procedures? Were there unintended environmental impacts? Were there unintended impacts on employment or income? • • . fees or transfer costs? Have resettlement strategies achieved the objective of restoration of living standards for all APs including the vulnerable APs? Were compensation payments sufficient to replace lost assets? Was sufficient replacement land available to suitable standard? Did transfer and relocation payments cover these costs? Have enterprises affected received sufficient assistance to re-establish themselves? Have vulnerable groups been provided income-earning opportunities? Are they effective and sustainable? Do jobs provided restore pre-project income levels and living standards? Were the APs and their assets correctly enumerated? Were any land speculators assisted? Was the time frame and budgets sufficient to meet objectives? Were entitlements too generous? Were vulnerable groups identified and assisted? How did resettlement implementers deal with unforeseen problems? Assess the compensation amounts and other entitlements provided in relation what was planned in entitlement matrix. APs with • businesses affected). Assess the effectiveness of grievance mechanism Were vulnerable households sufficiently assisted during the dismantling. What was the actual cost of RAP implementation? Assess the effectiveness of institutional arrangements. relocation and rebuilding of houses? Has the proposed organization for RAP implementation been organised? Assess the capacity.

Nuristani 0. 19% Hazara and 6% Uzbek . Power Transmission & Distribution TA October 2004 Page 28 .J. 70. who are Sunni muslims (rather than Shi’a muslims like the Pashtuns and Tajiks). the ethnic composition of Afghanistan can be estimated at approximately 38% Pashtun.3%. Benefits will accrue evenly to all sections of the population regardless of ethnicity.8%. Based on this analysis. The project itself involves the transmission (inter-city/town) and distribution (intracity/town) of electricity. with no Indigenous People’s Development Plan/Framework (IPDP/IPDF) or specific action required. conductors and the like. Turkmen 2. in another they may be the small minority. amongst others. The household survey carried out under the TA returned an ethnic composition over the project areas of Pashtun 52%. however where applicable those affected will be compensated in the same way as everybody else. Indigenous People’s Development Plan 68. such as substations.2%. Section 4 of the Consultant’s Final Report details the ethnic composition of each sub-project area. (Imam Sahib and Sarepul). Hazara 1. increased livelihood opportunities and benefits to the health and education sectors. the project will facilitate grid power being brought for the first time to areas with a high percentage of ethnic minorities. with special provision made for a Fund for Social Development of women and minorities (refer to Section G. The relationships between the ethnic groups has varied with the political climate but a common theme has been notable difference of the Hazaras. 71. ie whereas in one area Pashtuns may be the majority. Given the minor impacts on ethnic minorities. Although estimates vary. Uzbek 7%.with other ethnic groups making up 12% of the population. and identified in the Social/Poverty Assessment include cheaper energy for lighting and household appliances. There are no indigenous people according to the ADB definition and technically all the ethnic groups can be considered ethnic minorities since their distribution across the country is quite regional. In particular however. An Indigenous People’s Checklist is included as Appendix 5C.3%. 25% Tajik. Physical infrastructure will include the installation of electrical equipment. 69.3%. Socio-economic change likely to result from increased electrification rates of households.2) in order to incorporate specific action favourable to indigenous peoples/ethnic minorities. the project has been classified as a ‘B’ project. No likely negative effects have been identified. Aimaq 0. the project design incorporates a Fund for Social Development of Women and Ethnic Minorities (refer to Section G. Tajik 35.2).2% and Other 0. towers and poles. 72. Minimal land acquisition or resettlement will be required as a result of the project.

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