Professional Documents
Culture Documents
Khizi Region
Azerbaijan
Prepared for:
May 2022, V4
DOCUMENT INFORMATION
PROJECT NAME Khizi-3 Wind Farm Project, Khizi Region, Azerbaijan
5CS PROJECT NUMBER 1305/001/088
DOCUMENT TITLE Livelihood Restoration Plan - DARFT
CLIENT ACWA Power
5CS PROJECT MANAGER Reem Jabr
5CS PROJECT DIRECTOR Ken Wade
DOCUMENT CONTROL
VERSION DATE DESCRIPTION AUTHOR REVIEWER APPROVER
1 05/02/2022 LRP EFO RMJ KRW
1.1 16/02/2022 Revised LRP EFO RMJ KRW
2.0 12/04/2022 Updated LRP EFO RMJ KRW
3.0 26/04/2022 Draft LRP for Public Disclosure EFO RMJ KRW
4.0 13/05/2022 Draft LRP for Public Disclosure EFO RMJ KRW
DISCLAIMER
5 Capitals cannot accept responsibility for the consequences of
This document is issued for the party which commissioned it and for
this document being relied upon by any other party, or being used
specific purposes connected with the above-identified project only. It
for any other purpose.
should not be relied upon by any other party or used for any other
This document contains confidential information and proprietary
purpose
intellectual property. It should not be shown to other parties without
consent from the party which commissioned it.
9 IMPLEMENTATION SCHEDULE__________________________________ 63
9.1 Livelihood Restoration Plan - Schedule _____________________________ 63
ACWA Power is seeking project finance from international lenders such as the European Bank
for Reconstruction and Development (EBRD), the Asian Development Bank (ADB) and the
OPEC Fund for International Development (OFID) who have their own defined Environmental
and Social Policies and standards/requirements).
This document is the Draft LRP prepared for the Khizi 3 Project in parallel to the ESIA. The Draft
LRP describes the objectives, principles and planned approach to livelihood restoration and
compensation for economic displacement within the project site.
It should be highlighted that the Project development will not result in any physical
displacement or resettlement of people. In addition, the WF project area is not leased or used
under any formal agreement by the municipality or the government.
Access to the project areas will be temporarily restricted during the construction phase only
for health and safety reasons. Such restriction will be limited to the project footprint (i.e. the
turbine pad areas, access road, laydown areas, etc.) and for the duration of the construction
• Ensure the PAPs without legal lease agreements or any recognisable legal
rights to land are eligible for compensation for livelihood restoration;
• Access roads.
The WTG is the Envision Energy EN-171/6.5 Wind Turbine. This turbine has a rated power of 6.5
MW, 171m rotor diameter, and three (3) blades, horizontal axis, upwind direction, variable
speed and pitch control. The Project will also include the following:
• Substation; and
Overhead transmission lines (OHTL) will connect both Wind Farms (Khizi 3 and Area 1 WFs) and
to the national grid. The responsibility for developing, constructing, commissioning and
operating the OHTL lies with the Project off-taker. Azerenergi Open Joint Stock Company
(Azerenergi), and as such, the OHTL is considered an ‘Associated Facility’ to the Project; as it
• 220 kv Khizi 3 - Yashma OHTL: This OHTL will connect the Khizi 3 WF substation (SS) to
the existing Yashma SS and is approximately 20 km long (red line in Figure below) –
assessed as part of Khizi 3 ESIA report;
• 220 kv Khizi – Pirakashkul OHTL: The OHTL line that will connect Khizi 3 and Area 1
WFs SS and is approximately 30 km long (yellow line in Figure below) - assessed as
part of Khizi 3 and Area 1 ESIA report; and
• 220 kv Pirakashkul – Gobu OHTL: The OHTL line that will connect the Area 1 WF SS to
the existing Gobu Power Station and is approximately 30 km long (Green line in
Figure below)- assessed as part of Area 1 ESIA report.
A preliminary assessment of potential impacts associated with the development of the OHTL
has been undertaken as part of the ESIA study. The assessment included the necessary
environmental and social baseline surveys required to establish any risks associated with the
OHTL. This included an initial review and site reconnaissance survey undertaken in April and
May 2021, which key environmental and social receptors were identified along the route. The
outcome of the survey was shared with the off-taker, which resulted in Azerenergi revising the
initial OHTL route to avoid the identified human and ecological receptors.
Land users identified along the OHTL are provided in the Table below and include farms,
agriculture areas, dog shelter and military areas. Please refer to ESIA Section 16 of the ESIA for
the outcome of the socio-economic survey carried out for the OHTL.
The Perekeshkul-Gobu OHTL crosses an almond orchard, and the Khizi – Yashma OHTL crosses
a military base. These receptors along with other activities identified along the route (herding
and farming) may experience short term disruption during tower/pylon installation at these
receptors. At this stage, the exact location of the pylons is not known as the design of the OHTL
has not been finalised. If pylons are located within the Almond, Military and any grazing areas,
it is anticipated that any disruption in their activities will be temporary and will be for a short
period.
As the owner/developer of the OHTL associated facility, Azerenergi will comply with national
and applicable lenders requirements in order to ensure all E&S risks and impacts associated
with the development of the OHTL are adequately assessed. Where impacts cannot be
avoided, Azerenergi will implement applicable mitigation and management measures in
order to minimise impacts.
ACWA will make all reasonable effort to liaise with Azerenergi to achieve a successful outcome
in terms of identifying PAPs and advising Azerenergi of equivalent compensation that similar
to PAPs on the Wind Farms. A letter has been issued by ACWA Power to Azerenergi to request
commitment on the following:
• The final design/route of OHTL will take into consideration the outcome of the
socio-economic survey and ESIA study. Where possible Azerenergi will avoid or
minimise impact on land users and receptors as identified in ESIA;
• Azerenergi will minimise any temporary restrictions on land use and livelihood
impacts. Where this cannot be avoided, Azerenergi will provide compensation
based on national laws and requirements with appropriate consultation including
informal users;
• The outcome of the ESIA will be implemented and incorporated into the design,
construction and operation of the OHTL this includes the mitigation and
management measures included in the ESIA.
At this stage it is understood that approximately 220 personnel will be present at the Wind Farm
during peak construction periods. This will comprise a combination of Project Company, EPC
However, as much of the workforce is planned to be recruited from the local community, these
workers will not require dedicated accommodation. However, for migrant and/ or foreign
workers, accommodation areas will be established either in Sumgait (not far from the project
area) or Baku since both cities will have appropriate facilities and infrastructure.
• The Land Code (Adopted on 25 June 1999, last revisions made on 20 April 2012);
• The Civil Code (Adopted on 28 December 1999, revisions made on 20 April 2012
and amended on 09/07/2021);
• The Flat Code (Adopted on 15 November 2011, last revisions made on 20 April
2012);
• Law on valuation activity (25 June 1998, last revisions made on 20 April 2012);
• Decree of the President on ensuring the execution of the law No. 506-3 QD dated
7 December 2007 on ―Amendments and Additions to the Civil Code of the
Azerbaijan Republic‖ (26 December 2007);
• Resolution of the Cabinet of Ministers No. 42 On Some Normative and Legal Acts
Relating to the Land Code (15 March 2000);
• Law of Azerbaijan Republic on Municipality Area and Lands (07 December 1999,
No: 771-IQ); and
Article 13 of the Constitution states that there are three (3) types of property ownership in
Azerbaijan; State, Municipality and Private ownership. The Constitution also gives the citizens
the right to own, use and dispose of property. The Law ensures the no one is dispossessed of
their property without their consent or decision by the court of law and that expropriation of
private property for state needs will only be allowed after payment of fair compensation to
the owner (Article 29). Article 19 of the Constitution regarding the right of property states the
land ownership may be restricted by law for social and justice and purposes of efficient use of
land.
The Land Code of the Republic of Azerbaijan includes the land legislation and defines the
status of participants in land relations such as State bodies, Municipalities, Citizens and Legal
entities. Participants also includes foreigners and stateless persons, foreign legal entities,
international associations and organizations, foreign states. The Land Code also states that
there are three (3) types of land owners in the Republic and these are State, Municipal and
Private types of land ownership. All types of property are equal and protected by the state.
• Sub-Sections 12.3 and 13.3 of the Land Code states that agricultural lands can
be used for non-agricultural purposes only upon redesignation of those lands
by the Cabinet of Ministers into another category in exceptional circumstances;
• Article 22, Clause 3: Landowners, users and lessees in whose territory the
protection zone is established shall not be deprived of their rights on the land
plot, except in cases when the regime established for the zone provides for the
complete withdrawal of lands from economic use. Within the protection zone,
landowners, users and lessees are obliged to follow the rules approved for
these zones;
• Sub-Section 48.4 of the Land Code stipulates that lands can be provided for
ownership, use or lease only in accordance with the designation of such lands;
• Articles 73, Clause 1: The right of ownership use or lease of a land plot or a part
thereof shall be terminated in the following cases:
• Article 86, Clause 2: State lands provided for in this Code, agricultural lands of
municipalities in general use as well as in the use and lease of legal entities and
individuals may not be the object of purchase and sale;
• Article 86, Clause 3: Lands in the Azerbaijan Republic may be sold to state
property, municipal property as well as property of citizens and legal entities of
the Azerbaijan Republic;
• Article 86, Clause 5: Ownership, use and lease rights over land plots may be
purchased and sold directly through land auctions or competitions by the
decision (consent) of the owners or their proxies or bodies;
• Articles 86, Clause 6: Purchase and sale of lands owned by the municipality shall
be planned on the basis of the development plans of the territory, land
management, general plan of settlements and shall be carried out by the
municipalities in accordance with the legislation. Purchase and sale
of municipal lands , as well as lease rights on them are carried out through land
auctions and competitions;
• Article 86, Clause 7: In case of direct sale of lands owned by citizens and legal
entities, as well as the right of use and lease on them, the sale shall be carried
out on the basis of purchase and sale agreements concluded between the
parties and notarized; and
• Article 86, Clause 8: Rules of purchase and sale of land shall be regulated by
the relevant legislation of the Azerbaijan Republic.
The Land Acquisition Law is another land legislation in Azerbaijan and It regulates the rules of
acquisition of lands for state needs in the Republic of Azerbaijan, calculation and payment of
the amount of compensation in this regard, as well as other relations between the parties
involved in land acquisition. The Land Acquisition Law states the following:
• Article 4, Clause 4.1: Any land required for state needs or land in shared
ownership shall be compulsorily transferred to the state on the basis of an
agreement with the owner (owners);
• Article 5, Clause 5.1: The following land may be acquired for state needs in
accordance with the law regardless of the restrictions imposed on the lease
and use of the land plot;
• Article 7, Clause 7.2: The person affected by the acquisition shall have the right
to receive compensation in accordance with the procedure established by this
Law;
• Article 7, Clause 7.3: the following persons shall be considered affected by the
acquisition:
• Article 7, Clause 7.4: Persons listed above with the exception of those who do
not have legal rights to the land where they live shall be provided with
compensation and other assistance related to the lost land in accordance with
the provisions of this Law;
• Article 7, Clause 7.5. Persons who do not have legal rights to the land where
they live except for real estate, shall be provided only with assistance related
to their relocation and assistance aimed at compensating the damage caused
to the personal property of those persons during relocation;
• Article 10, Clause 1: The receiving authority (i.e. the party acquiring land) shall
collect all the information necessary to comply with the requirements of this Law
during the preparation of the land acquisition proposal;
- The principle that the property, livelihood, income, standard of living of all
persons affected by the loss and violation of their land and resettlement
should be reimbursed within a reasonable time after their loss or resettlement.
To be restored from the conditions in which they were before the transfer, so
as not to get into unfavorable conditions;
- Current inflation in assessing compensation payable; and
- All costs and losses arising from such a move, if the person was forced to
change their place of residence, business or place of work as a result of the
acquisition.
3.2.1 EBRD
EBRD has an internal Environmental and Social Policy (2019) and a set of specific Performance
Requirement (PRs) covering key environmental and social components for consideration,
assessment and management in their investments. The requirements specific to economic
displacement and applicable to this project include
• Restore or, where possible, improve the livelihoods and standards of living of
displaced persons to pre-displacement levels.
Note: The proposed Project will only result into economic displacement and no physical
displacement is expected as there are no residents living on the site.
All EBRD Performance Requirements include the need for an amount of stakeholder
engagement particularly the EBRD Performance Requirement 10 on “Information Disclosure
and Stakeholder Engagement“ which “recognises the importance of an open and
transparent engagement between the client, its workers, local communities directly affected
by the project and where appropriate, other stakeholders as an essential element of Good
International Practice (GIP) and corporate citizenship”. Such engagement will involve the
following key elements:
• Disclosure of information;
3.2.2 ADB
• To improve the standards of living of the displaced poor and other vulnerable
groups.
The safeguard also applies to full or partial, permanent or temporary physical and economic
displacement resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on
land use or on access to legally designated parks and protected areas.
Where involuntary resettlement is unavoidable, the ADB Safeguard requires that the project
meet all applicable specific requirements on compensation, assistance, benefit sharing,
assessment of social impacts, resettlement planning, information disclosure, consultation,
grievance redress mechanism, monitoring and reporting.
Note: Given that the proposed Project will only result in economic displacement and no
physical displacement of people is expected, the report is titled a Livelihood Restoration
Plan to accommodate all lenders requires for economic displacement.
OFID do not publicly disclose specific environmental & social policy, or other standard (or
guideline) requirements.
Equator Principles IV (2020) requires Projects to evaluate the specific risks of the project to
determine the applicability of the IFC Performance Standards under Principle 3. Due to the
economic displacement of the impacted farmers 1 and herb collectors as a result of the Project
development, IFC Performance Standard 5: Land Acquisition and Involuntary Resettlement
requirements are applicable to the Project.
PS 5 recognizes that Project-related land acquisition and restrictions on land use can have
adverse impacts on communities and persons that use this land. Involuntary resettlement refers
both to physical displacement (relocation or loss of shelter) and to economic displacement
(loss of assets or access to assets that leads to loss of income sources or other means of
livelihood) as a result of Project-related land acquisition and/or restrictions on land use. Where
involuntary resettlement is unavoidable, it should be minimized and appropriate measures to
mitigate adverse impacts on displaced persons and host communities should be carefully
planned and implemented.
All of the IFC Performance Standards include requirements for an amount of stakeholder
engagement (either in the EIA, or as part of the future ESMS) and therefore the project will
require a level of engagement. In particular, IFC Performance Standard 1 on “Social and
Environmental Assessment and Management Systems” states “Stakeholder engagement is the
basis for building strong, constructive, and responsive relationships that are essential for the
successful management of a project’s environmental and social impacts.
The Project has also utilised The Guidance Note 5: Land Acquisition and Involuntary
Resettlement and IFC’s Handbook on Preparing a Resettlement Action Plan in preparing this
LRP.
1The term ‘Farmer’ in this report refers to a person that grazes livestock (cattle, sheep, goat).
They are not involved in crop cultivation of any kind.
According to the Land Lease Agreement (LLA) signed with the Sitalchay Municipality and the
Ministry of Energy of the Republic of Azerbaijan on 19 th March 2022, the total area of land that
will be leased by the project is 22.59ha and this covers the WTG footprints, substation and
laydown area. The lease agreement is for 30 years.
• Any communication/letters sent to users with specific cut-off date to use the
land (with specific dates);
The land ownership and allocation process undertaken by the Government of Azerbaijan for
the Project as summarised below.
• Land allocated for the Project is mainly owned by the Sitalchay Municipality;
• The land use status for the project boundary has been changed from
Agricultural to Industrial and any short-term lease contractors were not
renewed by the state or municipality.
4.3.1 Consultations
A meeting was carried out with the Municipality of Sitalchay on 4th February 2021 with the
Chairman of the Municipal Council of Sitalchay Village to confirm the land use status of the
project area. The meeting was attended by the local consultant and ACWA Power’s
representative. The municipality confirmed that the project is not leased or used under any
form of an official agreement.
In addition, a consultation letter was sent on 29th June 2021 to The Executive Power of Khizi
Region to receive any feedback or comments in regard to the Project land use. Response
received on 27th August 2021 confirmed that the Khizi 3 WF is not under any LLA. The State
agency does not have any data regarding herb collection, hunting, or herding activities within
the project area.
Outcome of consultation: The WF project area (WTG, roads, substations sites) is not leased or
used under any formal agreement by the municipality or the government.
Interviews were held February & August 2021 and March 2022 with the nearby farmers to
identify and confirm status of land use. The outcome of the surveys revealed that the farmers
use the project area informally during the grazing season. Details of these seasonal farmers
and the period they graze at the site is presented in section 4.3.4 and section 4.3.5 below.
Based on the information collected during the interviews undertaken with the Municipality and
the surrounding farmers, a farmer’s survey was undertaken in November 2021 and March 2022.
There are nine (9) farms identified surrounding the project area as shown in Figure below.
Farmer’s survey was undertaken for eight (8) farms (Farm 1,2, 3,4, 5, 6, 7 and 10). Farm 2 did
not take part in the November 2021 survey as he was not available .
Outcome of Farmers survey showed that four (4) farmers out of the eight (8) claimed that they
have land lease documents to graze within the project area (Farm 1,3,4 and 6).
Based on the above the following land users were identified to be using the project site.
• Other informal land users such as hunters (undertaken by one of the farmers
identified above) and herb collectors who use the project site for hunting and
herb collection respectively. Herbs are collected from March to October while
hunting is undertaken during grazing season by one of the farmer.
The table below provides a summary of the land users within the Project site.
Four (4) seasonal farmers were identified to graze at the project site without valid official lease
agreement from the Sitalchay Municipality as their lease agreement expired in 2019. These
seasonal farmers –Farmer 1, Farmer 2, Farmer 3, and Farmer 4 are from surrounding farms and
their grazing areas extend to the Project site. Farmer 1 agreement was with Khizi Executive
District while the other three farmer’s agreement was with Sitalchay Municipality.
The table below provides information obtained during the meetings and surveys undertaken
with the farmers in February, November, December 2021 and March 2022.
Farmer 1
Of the 300ha, approximately 109.7ha of the land falls within the Project site. This farmer grazes his own livestock with
Farm: Farm his two (2) sons who also graze their livestock at the project site. He employs three (3) workers/herders 2 and indicated
1 that none of these workers have written contracts as only verbal agreements were made. The workers graze livestock
800 sheep, 130
Residency: goats and 50 at the project site during the winter months (October to May) and move the livestock to the highlands in the summer
Shurabad cows hence they work all year round and are therefore considered permanent workers..
village of
Khizi During grazing period, the farmer lives at his farm (Farm 1) with his family comprising of 10 persons including two (2)
district women and three (3) children. Besides his father who is a retiree, no member of his household is considered a
vulnerable person
Livestock breeding by the farmer and his sons is the only source of income for this farmer’s household and he earns
approximately 1000AZN (588.24USD) monthly and 30000AZN (17647.06 USD) annually..
2 Workers are also referred to as herders as they are employed by the Farmers to graze the farmers livestock. In some cases, herders also graze their livestock alongside farmer’s
livestock
This is a 46-year older farmer from Garabulag village that grazes his livestock occasionally at the north eastern extent
of the project site from October to May each year. The farmer has been grazing at the allocated area for 18 years.
According to the farmer, the land is leased from Sitalchay Municipality and Khizi Executive Power to graze on 80ha
and 17ha of land respectively. The farmer presented a land lease document which he claims it’s an agreement with
Farmer 2
the municipality to graze on the land. However, this agreement with Sitalchay municipality expired in 2019 .
Farm: Farm
3
600 sheep, 50 Of the 97ha, approximately 54.8ha of the land falls within the Project site..
Residency: goats and 55 This farmer only grazes his own livestock and employs four (4) workers. He indicated that none of these workers have
Garabulag cows written contracts as only verbal agreements were made. The workers graze livestock at the project site during the
village of
winter months (October to May) and move the livestock to the highlands in the summer hence they work all year
Khizi
round and are therefore considered permanent workers.
district
During grazing period, the farmer lives at his farm with his family comprising of seven (7) persons including children. In
March 2022, the farmer reported that he had a heart attack and has a cardiac stent (tube-shaped device placed in
the coronary arteries) and he needs to visit the Doctor once in 2 months. No member of his household is considered
a vulnerable person.
Livestock breeding is the only source of income for this farmer’s household and he earns approximately 1000AZN
(588.2USD) monthly and 15000AZN (8823.5 USD) annually. He does not pay income tax.
The farmer heard about the project from other farmers and indicated that he does not have alternative grazing land
if the Project affects his current grazing land.
This farmer is concerned about compensation that will be provided for not accessing grazing land, the period of
access restriction, noise from WTGs and emergency situation during project operation.
In a face-to- face meeting undertaken with farmers in August 2021, this farmer also raised concerns about fencing of
the project site and loss of grazing land. During this meeting and the survey undertaken in March 2022, the farmer
requested that a small-scale renewable power source/solar battery or any other type of electricity source be installed
at his farm (Farm 3) as a form of support from the Project.
This is a 53-year-old farmer that grazes his livestock occasionally at the project site from September to May each year.
This farmer signed a land lease agreement with Sitalchay Municipality 15 years ago to graze on 350ha of land however
the lease agreement expired in 2019 and has not yet been renewed by the municipality.
Approximately 80ha of the 350ha of land provided to the farmer by the Municipality falls within the Project site. The
Farmer 3
farmer pays 140AZN (82.4USD) monthly for rent and 160AZN (94USD) monthly on land tax.
Farm: Farm 700 sheep, 70
4 goats, 40 cows
and 3 donkeys The farmer does not employ any workers/herders as the farm is family owned, therefore family members assist with
Residency:
livestock grazing and other animal husbandry related works. They are not paid for the work they undertake. In addition,
Baku City
no member of this farmer’s household is considered a vulnerable person
Livestock breeding is the only source of income for this farmer’s household and he earns approximately 700AZN
(411.8USD) monthly and 9000AZN (5294USD) annually. He does not pay income tax. In addition to grazing livestock at
the Project site, this farmer also occasionally hunts rabbits and ducks.
The farmer was aware of the project from other villagers and indicated that he does not have any concern about the
Project. He also mentioned that if the Project will affect his grazing land, he does not have alternative grazing land.
This farmer informed the survey team that he grazes livestock at the north western extent of the project site from
October to May each year. This farmer claims he has a land lease document with the Sitalchay Municipality. However,
the LLA is yet to be registered at the State Land Agency. This farmer has been grazing at the allocated area for 18
years.
Farmer 4 In March 2022 it was revealed that the lease agreement expired in 2019 however he is allowed to continue grazing at
Farm: Farm the site pending renewal of the lease agreement by the municipality
6 800 sheep and
Residency: 400 goats The farmer only grazes his own livestock and employs eight (8) workers. He indicated that none of these
Guba workers/herders have written contracts as only verbal agreements were made. The workers are all permanent
district employees as they graze livestock at the project site during the winter months (October to May) and move the
livestock to the highlands in the summer..
Livestock breeding is not the only source of income for this farmer’s household as he works in position of Inspector at
State Customs Service.
The farmer indicated that his only concern about the Project is availability of alternative grazing land.
Note:
• All farmers and herders identified to use the project site for grazing are males. There are no females or women grazing at the project site
• All farmers that use the project site are considered informal land users as their land lease agreement has expired and according to Azerbaijan
Law, the land users must go through the land auction process again to lease the land. At this stage, none of the farmers have gone through the
land auction process.
• At this stage, additional socio-economic survey has been undertaken as part of the Final LRP to provide further information on socio-economic
background of PAPs. The result of the socio-economic survey will be provided in the Final LRP
Figure 4-2 All Farmers Grazing Area within the Project Site
NOMADIC HERDERS
During the preparation of the ESIA, two (2) nomadic herders were identified outside the project
boundary in November 2021. These herders move from the highlands to lowlands in winter and
from lowlands to highlands during summer. The herders indicated that they use designated
route provided by the government as shown in the map below.
Further consultations were undertaken with the nomadic herders in December 2021 by the
local subconsultant (Ecoenergy) to verify if they use the project site and it was revealed that
these herders do not use the Project site for livestock grazing neither do they pass through the
project site when moving to and from the highlands.
During a meeting between 5 Capitals and the local subconsultant on 6th January 2022, it was
confirmed again by the local subconsultant that the nomadic herders do not use or pass
through the project site.
In December 2021, The Head of the Municipality of Sitalchay Village informed the local
consultant that herb collectors partially use the land near the salt lake area up to 1000m above
sea towards the north western extent of the site from mid-May to mid-June each year. These
herb collectors mainly comprise of five (5) people from Sitalchay village and they mainly
collect thyme (Thymus hadzhievii), spinacia (Spinacia oleracea) and adonis (Adonis vernalis).
Of the five (5) persons that collect herb from Siltachay village, three (3) were available for
interview conducted on 27th and 28th December 2021 and the remaining two (2) were
interviewed in March 2022. The table below provides information on the interviewed herb
collectors.
Herb Collector
Male Phone Sale of herbs is not the only source of income
3
of this herb collector as it makes up only 30%
of his annual income.
All five (5) herb collectors do not have permits, license or any form of agreement with
Municipality to collect herbs from the site as this is not required because municipality lands is
generally available for local community needs. They also indicated that their main concern is
in relation to restriction of access to the herb collecting area during project development and
the quantity of herbs available on alternative lands.
One (1) seasonal farmer from the surrounding farms also stated he collects herbs from the
project site for household needs. It should be noted that this seasonal farmer does not graze
at the project site. The table provides a summary of the herb collecting activities for this farmer.
The figure below shows the herb collecting area within the Project site.
Note: All herb collectors identified to collect herbs at the project site are males. There are no female herb
collectors.
4.3.7 Hunters
During the farmers survey in November 2021, Farmer 3 of Farm 4 indicated that in addition to
grazing livestock at the site, he also hunts for rabbits and ducks within the Project site. The table
below provides information on this seasonal farmer’s hunting activities at the site.
Note: Buffer for BOP and access road = 5m, Buffer for WTG = 30m and Buffer for Substation = 30m.
Based on the above the total area of land need for the construction phase of the project is
88.6ha and this includes buffers. As such a total of 1670.8ha of land will be available within the
allocated project land and free of project facilities.
It should be noted that of the 88.6ha required for the construction phase of the project, the
LLA for the Project will only be for the project footprint area of 16.37ha (this is well within the
22.59ha that will be leased to the Project) while a land easement will be issued for remaining
areas (i.e., access roads, buffer, etc.).
Sitalchay Municipality informed the local consultant that the area shown below might be
considered as an alternative land for grazing. This will be further assessed and the results will
be included within the Final LRP.
Figure 4-6 Proposed Location of Alternative Grazing Area in Relation to the Project
Facilities
Consultation letters were sent to Sitalchay Municipality and the Khizi Executive District on 11th
May 2022 and 12th May 2022 respectively requesting for the following:
• Confirmation on the availability of alternative land and its suitability for grazing
following change in land use status;
• Provision of another alternative land if the alternative land is not available due
to change in land use status;
• Confirmation that any alternative land proposed is accessible and suitable for
grazing & herb collection; and
Following receipt of response from the Municipality and Khizi Executive District, 5 Capitals in
coordination with the local consultant, Municipality and Khizi Executive District will schedule
and undertake a visit to the proposed location with the farmers, herb collectors and herders
to determine suitability of the proposed alternative grazing land, distance from farmers &
herders homes, presence of any existing infrastructure, presence of any existing land users,
presence of pests/diseases at the alternative grazing land, etc.
Note: The above site visit will only be undertaken if the Municipality and Khizi Executive District
proposes an alternative land that is not within the project boundary (as per Figure 4-5 & Figure
4-6 above)
If the land meets all requirements for suitability, accessibility, equal value, productivity and size
as the present grazing land and the farmers, herders and herb collectors accept the
alternative land, a letter will be sent to the Municipality and Khizi Executive District informing
them that the alternative land has been accepted. Where the alternative land is not
accepted and does not meet the requirements for suitability, accessibility, equal value,
productivity and size, the Municipality and Khizi Executive District will also be informed about
this and a request will be made for another alternative land to be proposed.
However, such restriction will be limited to the active construction areas i.e. the turbine pad
area, substation, and laydown areas. The figure below shows the project facilities in relation to
the areas used by farmers for grazing.
As can be seen from the figure above and as described in section 4.3 only a small section of
the Project site particularly the southern section will be active during construction. Based on
this, it is expected that the area of land that will be restricted to livestock grazing will be less
than 20% of the present grazing area within the Project site used by farmer of Farm 1 & Farm 3
and less than 5% of the present grazing area within the Project site used by farmer of Farm 4 &
Farm 6 . Kindly see table below.
Further consultations/survey with farmers are still ongoing to fully understand the impact loss of
less than 20% grazing land will have on their livestock grazing activities and their livelihoods.
The extent of this impact will be assessed as part of the Final LRP.
As can be seen from the figure above only a small section of the Project site particularly the
southern section will be active during construction. Based on this, it is expected that the area
Table 5-2 Anticipated Loss of Herb Collection Area Within the Project Site
TOTAL HERB COLLECTION
TOTAL HERB COLLECTION
AREA IN ACTIVE HERB COLLECTION AREA
AREA WITHIN PROJECT
CONSTRUCTION AREAS + AFFECTED (%)
SITE (HA)
BUFFER (HA)
1025.74 32.3 3.1%
Given that the anticipated loss of herb collection area is less than 5%, it is expected that herb
collectors will be able to obtain herbs from areas outside the project footprint during the
construction phase.
Based on the above it is anticipated that he will be impacted during the construction phase
of the Project as there would be restriction on hunting of rabbits and ducks at the project site
during this period.
Given that the farmer also hunts outside the project site any impact on his hunting activities
will be negligible and limited to project site as these animals will be present in areas outside
the site and as such his hunting activities can still be undertaken.
During the operational phase, it is expected that wildlife (including rabbits and ducks) will
return to the Project site and as such his hunting activities can commence at the Project site.
As part of the Final LRP, consultations will be undertaken with all farmers to find out details of
the workers they employ. Further consultations will also be undertaken with the workers in order
to assess the impacts of the Project on their livelihoods.
ADB Involuntary Resettlement Safeguard requires particular attention to be paid to the “need
of vulnerable groups, especially those below the poverty line, the landless, the elderly, women
and children, indigenous peoples and those without legal title to land and ensure their
participation in consultations”
IFC PS5 also requires particular attention to be paid to the needs of the poor and the
vulnerable.
Based on the socio-economic survey conducted between 12th March to 10th April 2022, the
following vulnerable groups have been identified in relation to the Project:
• All farmers without official lease agreement with the government or municipality.
This includes farmers of all farms;
• Farmers & herders whose household income is reliant on natural resources. Farmers
using the project site indicated that livestock keeping is their only source of income
and as such any impact on their herding activities through loss of grazing land will
negatively impact their livelihood and income.
• Elderly Farmers, herders or herb collectors i.e., 60 years and over. In the event that
the livelihood of such farmer is slightly impacted due to loss of grazing land, it may
be potentially difficult to transition to other income generating livelihoods;
• Farmers, herders or herb collectors with chronic illness or who provide financial
support to family members with chronic illness. The disruption of PAPs activities
could potentially affect the income of herb collectors, farmer and wages of
herders that have chronic illness and/or support family members with medical
expenses thereby affecting their ability to pay for their own medical treatment or
support family members medical treatment;
• Farmers, herders or herb collectors with disabilities or who provide financial support
to family members with disabilities. In case the livelihood of the PAPs supporting
their family members with disability is impacted due to loss of grazing land, their
ability to meet medical expenses may be slightly impacted;
• Farmers, herders and herb collectors on social assistance or that have family
member that require social assistance. i.e., that receive financial assistance from
government e.g., pensions.
• Farmers, herders and herb collectors that have obtained loan from the bank. The
PAPs with loan from the bank may find the disruption of their work during the
construction phase affecting their income and consequently affecting their ability
to pay back the loan as per the loan contract.
Note: The outcome of the socio-economic survey undertaken with PAPs between 12th March
to 10th April 2022 will be presented in the Final LRP which is currently under preparation.
Summary of Consultations:
• Sitalchay Village:
- Public consultation meeting held on 25th June 2020 with members of the
community of Sitalchay village. A total of 10 participants attended (maximum
number of people allowed due to COVID restrictions at that time); and
- Letters introducing the Project including contact details of the local consultant
to receive any feedback and questions from the local community were
distributed in May 2020 in Sitalchay Village (houses and supermarkets) and the
announcement office of the Municipality as part of the Consultation during the
Scoping phase.
- Women from Sitalchay Village: The meeting was held on 24 September 2021
and was attended by five (5) participants and targeted women.
- Elderly from Sitalchay Village: The meeting was held on 24 September 2021 and
was attended by 13 participants and targeted elderly people.
- Public disclosure meetings: Two (2) public disclosure meetings were undertaken
on 8 and 10 January 2022 at Sitalchay village. The objective of the meetings
was to present the outcomes of the ESIA process and to present the key
impacts, mitigation and management measures, including key elements of the
SEP such as the PIC and the grievance mechanism and how it can be
accessed. The meetings were attended by 89 participants.
• Consultations with herb Collectors using the project area: Interviews were undertaken
with three (3) herb collectors from Sitalchay village from 27 to 28 December 2021. Two
(2) meeting were held face to face and one was carried out over the phone.
Additional meeting held March 2022;
• Consultations with Local representative of The Executive power of Khizi region: Letter
sent 29th June 2021 to receive feedback or comments in regard to the Project
including land use. Response was received 27 August 2021.
The Project ESIA consultation letters, full minutes of meetings and the attendance lists can be
found in Appendix I of Volume 4 of the ESIA.
• Inform local community of the project status and any new developments;
On-going dialogue
throughout the process to
Financial D: Providing finance for ensure EBRD Performance
EBRD/ADB
institutions the Project Requirements and ADB
Safeguards requirements are
met
The Project specific grievance mechanism will use an understandable and transparent
process that is culturally appropriate and readily accessible at no cost; so, all affected parties
will have the opportunity to raise a complaint. Under the Project specific grievance
mechanism, the PAPs are allowed to seek redress/resolution mechanisms outside of the
established Project grievance mechanism such as the courts.
All PAPs must be able to provide their feedback, opinions and raise concerns without fear of
retaliation (e.g., threats, intimidation, harassment or violence). To achieve this, the project will
adopt a zero-tolerance policy to reprisals which will be reflected in the Code of Conduct and
company policies. Any allegations of reprisals will be addressed and responded to
immediately and responses will be taken in consultation with those at risk and measures on
responding to reprisal and implementation will be agreed with victims.
The process flow and timeline below shall be followed as part of the grievance mechanism.
Where complex grievances, or other factors are extending the investigation time, the Grievant
will be informed of this delay and advised of an updated expected timeline for response.
The above grievance mechanism will be transitioned to the process defined by the Project
specific Stakeholder Engagement Plan (SEP) and implemented by the Project parties once
confirmed.
• Census of affected land owners and users (i.e. formal and informal land
users/owners and vulnerable groups) in order to identify the PAPs and their land
rights and livelihoods and identify those who are eligible for compensation and/or
assistance. e.g. vulnerable households, etc.
This has been undertaken as part of the socio-economic survey and data obtained will be
provided in the Final LRP currently under preparation.
- Household composition;
- Personal information of the respondents i.e., age, place of residence, gender,
education level, health status, etc;
- Sources of income and expenditure;
- Identification of vulnerable household members;
- Uses of impacted land including type of land use/lease;
- Sources of labour for the farmers
- Type of assistance they need from the project, etc.
This socio-economic survey has been undertaken and information gathered will be presented
in the Final LRP which is currently under preparation.
7.1 Eligibility
The PAPs eligible for compensation or support under the Project are:
- Farmer without official lease agreement for land use i.e., Farmer of Farms 1, 3, 4
and 6.
In the event that the Municipality confirms that grazing can still be undertaken in the now
classified industrial land, the following compensation entitlement will be made available to
these farmers:
• Demarcate areas that are not accessible during construction phase so farmers can
graze livestock in other areas of the project site
• Allocation of temporary access routes for livestock and farmers to areas within the site
where grazing can still occur during the construction phase.
• Support farmers in updating their current land lease agreement with Sitalchay & Khizi
Executive District as applicable by ensuring the lease agreement is updated based on
the new grazing land size (based on land lost to the project) and by providing them with
Grazing land Informal farmers of application fee and other costs related to the update of the lease agreement.
within the Farm 1, 3, 4 & 6 who
Land • Support farmers in registering the updated land lease agreement with the State Land
Project use the project site Agency by providing them with official registration fee and ensuring their agreement is
footprint for grazing validated.
In the event that the Municipality confirms that grazing cannot be undertaken at the site
due to change in land use status, the following compensation entitlement will be made
available to these farmers:
• Assist in the identification of alternative land the farmers can graze their livestock. This
land shall be of equal productivity and size as the land currently used at the Project site.
• Support farmers in obtaining a new land lease agreement by ensuring they go through
the land auction process with the Sitalchay Municipality.
• Providing farmers with application fee and other costs related to the securing a new
lease agreement.
• Support farmers in registering the newly obtained land lease agreement with the State
Land Agency by providing them with official registration fee and ensuring their
agreement is validated.
• All farmers will be provided with a month’s notice before the commencement of the
construction phase of the Project and information on location of alternative grazing land
provided.
• Access to alternative grazing land will be granted one month before the start of the
construction phase.
• Transitional support to be provided during period farmers and livestock are settling in the
new grazing area. This may include cost related to transportation services to alternative
land, providing veterinary services and animal feed for a certain period, provision of
cash compensation until the re-establishment of herding activities at the alternative
grazing area and/or farmer is able to restore income -earning capacity etc.
Loss of herbs • Notify the herb collectors on the construction schedule and how it overlaps with their
(as a result of seasonal herb collection.
permanent
• Right to collect herbs from the project footprint area before the commencement of
land take
construction works. In the event that construction begins before the herbs are harvested,
Herbs within turbine All herb collectors
compensation for lost harvest from the project footprint will be provided at full
pad,
replacement value3.
substation,
laydown • Demarcate areas that are not accessible during construction phase so herb collectors
areas) can collect herbs in other areas of the project site.
3 According to IFC PS 5 Replacement cost is defined as the market value of the assets plus transaction costs. In applying this method of valuation, depreciation of assets should not be taken into
account. Market value is defined as the value required to allow Affected Communities and persons to replace lost assets with assets of similar value.
• Allocation of temporary access routes for herb collectors to areas within the site where
herbs can still be obtained during the construction phase.
• Provision of additional assistance to find alternative employment opportunities i.e.,
priority employment at the project site etc. ensuring that this does not impact herb
collection activities.
Rabbits and • No compensation required as the animals the farmer hunts is available outside the project
- Farmer of farm 4
ducks site and impact is negligible
The following are only applicable during period of transition to alternative grazing area
Loss of Workers employed • Cash compensation for lost net income during the period of transition at full replacement
Employment
employment by farmers cost (until the re-establishment of herding activities). This will be based on the income
from the previous fiscal year.
PAPs without official
lease agreement, • Vulnerable groups/farmers will be entitled to additional support which will be intended
PAPs with chronic to improve their standard of living. Such additional support will be based on the needs
illness, disabilities, of each farmer, herb collector and herder.
Vulnerable
- loans, PAPs receiving • Priority for employment in Project related jobs, training opportunities and wage
groups/farmers
government support assistance etc. ensuring that this does not impact livestock breeding activities.
and the farmers with • Provision of cash allowance. A minimum of three (3) months official salary or the national
herding as main/only minimum wage (whichever is higher).
source of income.
Note:
• Livelihood support programs will be identified and developed in the Final LRP in consultation with the PAPs and relevant stakeholders in accordance with
EBRD PR 5: Land Acquisition, Involuntary Resettlement and Economic Displacement and IFC Module 5: Livelihood Restoration and Improvement.
• Any unanticipated impacts identified during construction and operational phase will be compensated in full replacement cost.
• Article 7 on Affected Person by an Acquisition. Clause 7.3 of this article provides 5 groups of
persons that will be considered to be persons affected by acquisition. These groups of
persons are described in section 3.1.3 of this draft LRP
• Article 8, clause 8.2.5 states the need for compensation to be paid or resettlement
undertaken before land possession
• Article 23 on Valuation of Acquired Land, clause 23.1.1 & 23.1.2 states the need to collect
data and evidence on market value of land to be acquired, replacement cost of land,
buildings and moveable property. It should be noted that there are no buildings/structures
or moveable property on the project site.
• Article 23, clause 23.1.4 states the need to involve an independent valuator for the purpose
of valuation of acquisition land and other properties. In the case of this project, there are
no properties or existing structures on site as such only valuation of acquisition land will be
undertaken.
• Article 55 on Modes for Valuing Land for Compensation. Clause 55.1.1 states that the
amount of compensation for acquired land shall be calculated by determination of market
price of acquired land.
• According to Article 58, market price of the land shall be determined based on the average
value of top 3 (three) prices specified in land transactions which were registered in notary
within three months prior to census date. For determination of land price on the basis of its
market price, then market price for acquired land shall be based on price of acquired land
with the territory with the coverage of 100 meters from acquired land, in case of absence
of land market in this territory - the territory with coverage of 250 meters from acquired land,
in case of absence in this territory of land market - in the territory with coverage of 500
meters from acquired land.
In the absence of land market in the territory with the coverage of 500 meters from the
acquired land, then the market price for acquired land shall be based on price of acquired
land located in the area, the city or the district of the city in accordance with the respective
administrative unit.
In case of whole or part rejection of provided compensation, the person to whom the offer
is given shall transfer dispute to a Grievance Redress Committee according to Article 75
below.
• Article 75 on Grievance Redress Commission states that the relevant executive authority
under the respective administrative unit where the acquired land is located shall set up a
grievance redress commission comprised of the corresponding persons capable of
reviewing, exploring and using all efforts for solution of complaints lodged by persons
affected by acquisition.
In the event that the person affected do not agree with the decision of the Grievance
Redress Commission, the person can submit a claim or complaint to land acquisition
inspectorate.
Based on the above and current information about project affected persons, the following will
be compensated for:
• Loss of income by farmers and herb collectors - Cash compensation at full replacement
cost for lost income earning capacity during the period of transition to new alternative land
• Loss of wages by workers - Cash compensation at full replacement cost for lost wages
during the period of transition to new alternative land
Please see the entitlement matrix table above (table 7-1) for all compensation entitlement
associated with loss of grazing land, loss of herbs, loss of income and loss of wages.
The valuation method for determining replacement cost will be provided by the registered
independent valuator who will be engaged during the Final LRP stage. This methodology will
be documented and included in Final LRP.
At this stage it is anticipated that the valuator will calculate the lost income earning capacity
of the farmers and herb collectors based on the income from the previous fiscal year and the
total transition period. The same approach will be undertaken for workers/herders.
Where alternative land of equal quality, size and potential productivity is or cannot be
provided, the valuator will calculate the loss of grazing land based on the market price of the
acquired land (that is the area of land assigned to the project in the LLA) according to Article
58 of the Land Acquisition Law.
The Land Acquisition Law of Azerbaijan does not specify compensation calculation
methodology. However, all compensation to be paid will be based on principle that all
affected persons shall have their livelihoods, income, living standards and conditions restored
so that they are not worse off than they were before were relocated. All the reasonable
expenses, incurred in the relocation to alternative land (if any) and current inflation will be
considered in compensation.
Compensation for lost income earning capacity will not be less than the established
Azerbaijan monthly minimum wage. Compensation to all PAPs will be paid before the
commencement of any site work.
The Sitalchay Municipality has been closely involved in the LRP processes. Their roles include:
• Support farmers in the land auction process by registering the proposed alternative
land with the State Registry and ensuring auction/bidding is undertaken by the
Auction Centre;
• Provision of new land lease agreement and signing the lease agreement with the
farmers;
The Khizi District Executive Power has been involved in the LRP processes. Their roles include:
• Support farmer in the land auction process with the Auction Centre so as to
register the proposed alternative land with the State Registry;
• Provision of new land lease agreement and signing the lease agreement with the
farmer;
• Ensure that the human and financial resources are provided to allow for the
implementation of the LRP; and
• Ensure that an independent E&S consultant is appointed for the monitoring and
auditing of the implementation of the LRP.
• Disclosure of the final entitlements and livelihood restoration packages to the PAPs
once the LRP has been prepared and finalised;
• Ensure that the EPC Contractor and O&M Company (if applicable) is aware of the
compensation policies and are monitored to avoid any violations of such policies.
• Disbursement of the cash compensation package into the PAPs personal bank
accounts and any other additional transitional support in accordance with the LRP
timeline; and
• Ensure timely payment of income tax on top of all the PAPs compensation
packages.
• Addressing any grievances received through the established LRP GRM and PIC in
coordination with the LRP implementation team including allocation of necessary
resources;
• Submit monitoring and audit reports to the lenders in coordination with the Business
Development Team.
8.2.5 HR Manager
• Prepare contracts for the appointment of the experts required to provide support
to the farmers and herders i.e., financial advisor, livestock breeding technician etc;
and
• Keep a record of all agreements between the Project Company and the PAPs
including those signed with the various experts supporting the PAPs.
• Monitor the implementation process of the LRP and prepare monitoring reports on
LRP implementation to be submitted to the lenders;
• Inform ACWA Power of any arising issues during the valuation process and the
implementation and monitoring of the LRP;
The preparation and implementation of the LRP will be scheduled as per the overall Project
implementation schedule.
2022
Payment of compensation
ACWA Power July 2022
to PAPs
ACWA Power, 5
Grievance redress Capitals & Juru Ongoing
Energy
Monitoring
1st monitoring report to be submitted to
Submission of quarterly ACWA Power,
the lenders in December 2022 for
and annual monitoring Independent E&S
quarterly report and August 2023 for
reports to the lenders consultant
annual report
To be determined based on the
External 3rd party close-out Independent E&S
agreement between ACWA Power &
audit consultant
lenders on the required monitoring period
Note: The detailed Livelihood restoration measures or programmes will be included in the Final LRP. This
will be developed in consultation with the PAPs and relevant stakeholders in accordance with EBRD PR
5: Land Acquisition, Involuntary Resettlement and Economic Displacement and IFC Module 5: Livelihood
Restoration and Improvement.
FEB AUG NOV FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
TASK
2021 2022 2023
Identification of PAPs
Stakeholder
Engagement
Preparation of the
Draft Livelihood
Restoration Plan
Social-economic
survey of the PAPs
Issuance of cut-off
date
Preparation of the Final
LRP (including site visits
& meetings on
alternative grazing
lands)
Valuation of grazing
land
Preparation of the
compensation
package (excludes
transitional support &
livelihood restoration
programs)
Presentation of the
initial compensation
package to the
lenders
Lenders engagement
on review of the LRP
and the
implementation
schedule
Disclosure of the
compensation
package to PAPs
Online public
disclosure of the LRP
Payment of
compensation to PAPs
Grievance Redress
(during the project To be available to the PAPs during the lifecycle of the Project including during the phased payment period.
lifecycle)
Submission of quarterly
monitoring reports to
the lenders
Submission of annual
monitoring reports to
the lenders
• Implementation of the LRP objectives and whether all the inputs committed in the
LRP have been delivered;
• Number of PAPs who have received cash compensation and how the funds have
been disbursed;
• Total area of grazing land reinstated at the Project site following construction
phase i.e. for laydown areas, storage yards, etc.;
- All PAPs are aware of the PIC/grievance mechanism and have received notice
on its availability and how to access it.
- Total number of grievances received and logged, cases resolved at Project
level, how long it took to resolve them through the defined process as
accepted by lenders.
- Number of grievances received and why.
- Number of grievances taken to court and the timeline taken to resolve the
matter in court etc.
- This must include detailed minutes of meetings and signed attendance sheets
10.1 Auditing
10.1.1 Internal Audit
The Project Company will conduct audits during LRP implementation. The objectives of the
audits will include as a minimum:
• Corrective Action Plan listing outstanding actions necessary to meet the objectives
(if required) including the budget and timeline.
The Project Company will engage an independent organisation with expertise in livelihood
restoration and compensation to undertake a completion/close out audit to verify that the
implementation of the LRP has been effective in restoring the PAPs livelihood, standards of
living and whether the objectives of the LRP has been achieved throughout implementation.
This close out audit will be undertaken 24 months after the implementation of LRP measures.
Prior to conducting the independent consultant and the lenders will agree on the terms of
reference. The external auditing will establish the robustness of the internal monitoring and
auditing and will include the following as a minimum:
• Review the effectiveness of the grievance mechanism and verify that all
grievances have been addressed;
• Verifying whether PAPs livelihoods have been restored to pre-Project levels or have
been enhanced; and
• Corrective Action Plan listing outstanding actions necessary to meet the objectives
(if required) and the timeline.