AFG: Transport Network Development Investment Program Proposed Tranche 2 (Paktika Economic Corridor: Sar Hawzar Orgun/ Rabat Shkin Roads Subproject)

Transcription

1 Resettlement Plan November 2012 AFG: Transport Network Development Investment Program Proposed Tranche 2 (Paktika Economic Corridor: Sar Hawzar Orgun/ Rabat Shkin Roads Subproject) Prepared by Ministry of Public Works, Islamic Republic of Afghanistan for the Asian Development Bank (ADB) The land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

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3 2 CURRENCY EQUIVALENTS (as of 5 November 2012) Currency Unit Afghani (AFS) AFN 1.00 = $ USD = AFS ABBREVIATIONS AND ACRONYMS ADB AF AH AP/s COI CSC DDT DPC EA EMA GoA GRC IRS kg km LAL LAR LARP m MFF MoPW MRM MRRD NGO PFR PMO R&R ROW Asian Development Bank Afghani/Afghanistan currency affected household affected person/s corridor of impact Construction Supervision Consultant Due Diligence Team Displaced Persons Committee Executing Agency External Monitoring and Evaluation Agency Government of Afghanistan Grievance Redress Committee International Resettlement Specialist Kilogram Kilometer Land Acquisition Law Land Acquisition and Resettlement Land Acquisition & Resettlement Plan Meter Multitranche financing facility Ministry of Public Works Management Review Meeting Ministry of Rural Rehabilitation and Development Non-Government Organization Periodic financing request Project Management Office Resettlement and Rehabilitation Right-of-Way

4 3 DEFINITION OF TERMS Affected persons (APs) AF Compensation Cut-off-date Detailed measurement survey Encroachers Entitlement Inventory of losses Jerib Land acquisition Non-titled means all of the people affected by the project through land acquisition, relocation, or loss of incomes and include any person, household (sometimes referred to as project affected family), firms, or public or private institutions. APs therefore include; i) persons affected directly by the right-of-way acquisition, or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. means the local currency of Afghanistan, which is the Afghani. One US dollar is equivalent to 50 Afghani. means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. means the date after which people will NOT be considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. means the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground. mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation, which are due to business restoration due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. means traditional unit for measurement of land in Afghanistan. One Jerib is equivalent to 2000 square meter of land. One hectare consists of 5 jeribs. means the process whereby a person is compelled by a public agency to alienate all or part of the land she/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. means those who have no recognizable rights or claims to the land that they are occupying and includes people using private

5 4 or state land without permission, permit or grant, i.e., those people without legal title to land and/or structures occupied or used by them. ADB s policy explicitly states that such people cannot be denied compensation. Poor Replacement cost Sharecropper Significant impact Vulnerable means those falling below the official national poverty line which is 1 USD per day person as income in this case. means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest. means 200 people or more will experience major impacts, which is defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five Jeribs or less).

6 5 TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS... 2 DEFINITION OF TERMS... 3 TABLE 2: ENTITLEMENT MATRIX CHAPTER 1: INTRODUCTION AND PROJECT DESCRIPTION A. GENERAL LARP Finalization Status LAR-Related Conditionalities B. DESCRIPTION OF THE PROJECT FIGURE 1: LOCATION MAP OF PROJECT PAKTIKA PROVINCE SARHAWZA TO ORGUN MAP AREA RABAT TO SHKIN MAP AREA C. SCOPE OF THE LARP D. OBJECTIVE OF THE LARP E. ELIGIBILITY CUT-OFF DATE F. SECURITY SITUATION IN PAKTIKA PROVINCE CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. INTRODUCTION B. IMPACTS ASSESSMENT Personal Land Crops Trees TABLE 2.2: DETAILS OF AFFECTED TREES Houses and Other Structures Business/Income Losses C. DISPLACED PERSONS CENSUS Loss of Land Loss of Business income Vulnerable Households TABLE 2. 6: DETAILS OF VULNERABLE HOUSEHOLDS Household Gender Information Household Ethnicity Information Census Summary TABLE 2.9: SUMMARY OF AHS AND APS BY CATEGORY CHAPTER 3: SOCIOECONOMIC PROFILE A. GENERAL B. SOCIOECONOMIC AND DEMOGRAPHIC DETAILS Composition of Households Type of Family Ethnic Composition of Households Occupation Women s Activities Women s Participation in Decision Making C. ECONOMIC PROFILE OF THE PROJECT POPULATION... 27

7 6 Poverty Status Income and Sources Annual Expenditure Indebtedness Assets Possessions D. MIGRATION PATTERN Place of Migration Nature of Job during Migration E. QUALITY OF LIFE INDICATORS Literacy Source of Drinking Water Sanitation Facilities Source of Drinking Water Sanitation Facilities Illness AH=affected household; no.=number Use of Fuel for Cooking Structures/Building Information Construction Type of Structure/Buildings Interior Details of Structure Access to Road Facilities Condition of Roads Monthly Expenditure and Willingness to Pay for Transportation CHAPTER 4: RESETTLEMENT POLICY, LEGAL FRAMEWORK AND ENTITLEMENT A. GENERAL B. LAND ACQUISITION LAW IN AFGHANISTAN C. ADB S SAFEGUARDS POLICY STATEMENT D. COMPARISON OF POLICIES E. PRINCIPLES AND POLICIES ADOPTED FOR THIS PROJECT F. COMPENSATION ELIGIBILITY AND ENTITLEMENTS Eligibility Entitlements TABLE 4.2: ENTITLEMENT MATRIX CHAPTER 5: PUBLIC CONSULTATION AND DISCLOSURE A. GENERAL B. OBJECTIVE OF THE CONSULTATION Information Sharing Appraisal and Assessment Devising Specific Solutions C. METHODS OF PUBLIC CONSULTATION D. LEVEL AND PROCESS OF COMMUNITY CONSULTATION Individual Consultation Community Consultation / Focused Group Discussions Consultation with Government Officials and Officials of Donor Agencies E. CONTINUATION OF PUBLIC CONSULTATIONS F. DISCLOSURE OF LARP G. PROJECT IMPACTS Positive Impacts Negative impacts Perception about the Participation in the Project Support needed from the Project TABLE 5.1: SUMMARY OF PUBLIC CONSULTATION MEETINGS AND FOCUS GROUP DISCUSSION... 50

8 7 CHAPTER 6: INSTITUTIONAL ARRANGEMENTS A. GENERAL B. EXECUTING AGENCY C. LOCAL GOVERNMENT D. PROJECT MANAGEMENT OFFICE IN MPW E. DUE DILIGENCE TEAM AT PMO LEVEL F. RESETTLEMENT SPECIALIST (INTERNATIONAL) AT PMO LEVEL G. CONSTRUCTION SUPERVISION CONSULTANT H. IMPLEMENTING NGO I. ROLES AND RESPONSIBILITIES OF VARIOUS AGENCIES J. GRIEVANCE REDRESS COMMITTEE (GRC) CHAPTER 7: COMPLAINTS AND GRIEVANCES REDRESS FIGURE 7.1: COMPLAINTS AND GRIEVANCES REDRESS PROCESS CHAPTER 8: RESETTLEMENT BUDGET AND FINANCING A. GENERAL B. COMPENSATION VALUATION Assets Valuation TABLE 8.2: DETAILS OF STRUCTURE COMPENSATION C. INCOME RESTORATION/OTHER ALLOWANCES D. LARP IMPLEMENTATION AND SUPPORT COST E. COST ESTIMATE AND BUDGET TABLE 8.6: COMPENSATION PAYABLE FOR STRUCTURES TABLE 8.7: COMPENSATION FOR TREES F. SUMMARY OF TOTAL COST G. SUMMARY OF BUDGET (FUNDING SOURCE-WISE) CHAPTER 9: IMPLEMENTATION SCHEDULE A. GENERAL B. PROJECT PREPARATORY STAGE (PRE-IMPLEMENTATION) C. LARP IMPLEMENTATION PHASE D. MONITORING AND EVALUATION PERIOD E. LARP IMPLEMENTATION SCHEDULE F. LARP IMPLEMENTATION SCHEDULE TABLE 0.1: LARP IMPLEMENTATION SCHEDULE G. COMPENSATION DELIVERY MECHANISM CHAPTER 10: MONITORING AND EVALUATION A. GENERAL B. INTERNAL MONITORING Monitoring Physical and Financial Progress C. INTERNAL MONITORING INDICATORS D. EXTERNAL IMPACT MONITORING & EVALUATION E. EMA TASKS F. REPORTING TABLE 2: ENTITLEMENT MATRIX... 88

9 8 EXECUTIVE SUMMARY 1. This draft Land Acquisition and Resettlement Plan has been prepared by Ministry of Public Works to be enclosed as part of the Periodic Financing Request (PFR) for ADB for processing the tranche 2 of the MFF. This document will need to be updated after the detailed/final design is completed by the contractor. This Land Acquisition and Resettlement Plan covers the impacts of the Sar Rowzah to Orgun and the Rabat to Shkin Road subproject to be financed by ADB under the Multitranche Financing Facility for Transport Network Development Investment Program. The 25 km Sar Hawza to Orgun and 27 km Rabat to Shkin road segments pass through the districts of Sar Rowzah, Orgun and Bermal in Paktika province. The major settlements located along the Project roads are Orgun and Shkin municipalities. 2. The roads are designed to be a two lane major road with a right of way of 30m. The Executing Agency (i.e. Ministry of Public Works, MPW) has prepared this resettlement plan for the Project as per ADB s Safeguards Policy Statement of 2009 (SPS 2009) and the Borrower s Land Acquisition Law. This LARP assessed the extent of impact caused by land acquisition of the 30 m right of way (ROW) required for construction of the Project and spells out the compensation and rehabilitation of the affected households (AHs) and affected persons (APs). The LARP has been prepared in consultation with stakeholders and affected people km (95.5%) of the road project distance is through unoccupied and uncultivated land. 2.3km (4.5%) of the road project distance is through agricultural land. Where the road traverses unoccupied and uncultivated land the existing roadway alignment meets MRRD and MPW geometric standards and no alignment changes are needed. The existing right-of-way (ROW) in the agricultural areas average 20m so little additional ROW is needed for the 30m ROW width. There are no buildings or boundary walls impacted in agricultural areas. 0.5km (1%) of the road project distance is through business/residential area. There are sections where the road passes through business areas where there is less than 30m ROW width across the road between buildings. At the Sar Hawzar, Soroby, Rabat, Bermal and Angoor Ada locations, the 30m roadway will impact altogether fifteen shops and their mud/brick/wood, mud/tin roof structures entirely. 1,113 square meters commercial land where these 15 shops currently stand in Sar Hawzar, Orgun, Soroby, and Bermal districts will be permanently impacted. The road will also result in an impact of 18,150 (sq. m.) to agricultural irrigated and non-irrigated agricultural lands in Sar Hawzar, Orgun and Soroby districts. s The total impact to land is 19,263 sq. m. Table ES1: Summary Impacts on Land Acquisition and Resettlement Impacts I. Land (m 2 ) Agricultural Land - Irrigated Land Sar Hawzar District Orgun District Soroby District No./Qty. 13, ,650 Total Affected Agricultural Land Irrigated Land 16,250 Agricultural Land Non-irrigated Orgun District Soroby District 400 1,500 Total Affected Agricultural Land- Non-Irrigated Land 1,900 Residential/Commercial Land Sar Hawzar District Orgun District

10 9 Impacts No./Qty. Soroby District Bermal Total Affected Residential/Commercial Land 1,113 Total Land(m 2 ) 19,263 II. Structures ( m 2 ) Mud/brick/wood, mud/tin roof structures 1,113 III. Trees (No.) Wood tree (Chinar) 330 Productive Fruit Tree (Apple) 605 Productive Fruit Tree (Grape) 130 Total Trees 1,065 IV. Households Affected No. of households affected 26 No. of households losing Irrigated Land 9 No. of households losing Non-Irrigated Land 3 No. of households losing Commercial Land 15 No. of households losing structures 15 No. of households suffering t business/ income loss 15 No. of households needing relocation (due to affected structures) 15 Vulnerable Households 17 m 2 =square meter; no.=number. 4. The basic compensation principles and policies applicable in this LARP are: (i) avoid negative impacts of land acquisition and involuntary resettlement on persons affected by the Project to the extent possible; (ii) AH/APs losing assets, livelihood or other resources will be fully compensated and/or assisted so that they will be able to improve or at least restore their former economic and social conditions. AH/APs will be provided adequate and appropriate replacement land 1 and structures or cash compensation at full replacement cost for lost land and structures (free of depreciation, transfer costs or eventual salvaged materials); Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual salvaged materials; (iii) the final compensation eligibility cut-off date is the impact survey (census and inventory) date; (iv) compensation will include not only immediate losses, but also temporary loss of business and livelihood, and employment on project civil works; (v) lack of formal legal land title should not be a bar to compensation or rehabilitation; (vi) particular attention will be paid to AH headed by women and other vulnerable groups, and appropriate assistance will be provided to improve their status. Other compensation/ rehabilitation provisions will equally apply across gender lines and (vii) the full compensation of affected assets will be a condition for the initiation of civil works. No objection for the contractors mobilization in the field will be given only if compensation/ rehabilitation have been provided in full to the APs. Various entitlements provided under the plan are described below in Table ES2. 1 In case of losses of short strips of agricultural land, it is not practical to provide replacement land. For such losses, the appropriate compensation modality is through cash compensation. However, should APs prefer to have an alternative land, such will be provided subject to availability of appropriate replacement land.

11 10 Table ES2: Entitlement Matrix Item Application Eligibility Compensation Entitlements Agricultural/ Land affected AP with title, Cash compensation at replacement cost residential/ by right-of-way formal/customary deed, or either through replacement plots or in cash commercial (ROW) land loss traditional land right as vouched by local Jirga, based on replacement cost to be approved by the council of ministers. All fees, taxes, or elders or Community other charges, as applicable under relevant Residential and commercial buildings loss Crops losses Trees Losses Business losses by shop owners and employees Transitional Livelihood Allowance Relocation Allowance Residential/ commercial structure affected Crops on affected land Trees on affected land Permanent / temporary business losses along the ROW Residential/Co mmercial Structures affected Residential/Co mmercial Structures affected Development Council. Owners of structures (including informal settlers) Owners of crops / sharecroppers Owner of trees (including informal settlers) Business / shop owners (including informal settlers), employees laws are to be borne by the project Cash compensation for affected structure and other fixed assets at replacement cost of the structure free of depreciation, taxes/fees and salvaged materials. In case of partial impacts full cash assistance to restore remaining structure. If more than 25% of the building s floor area is affected, cash compensationwill be computed for the entire building. Right to salvage material from demolished structure Cash compensation equal to replacement cost of crop lost plus cost of replacement seeds for the next season. Fruit bearing trees will be compensated at the value of 1 harvest multiplied by the number of years needed to re-grow a tree at the same productive level of the tree lost. Non fruit bearing/timber trees will be valued based on the market value of their dry wood volume. The compensation of the tree will be free of deduction for the value of the wood left to the AH. Cash compensation for net income loss for the duration of business stoppage (maximum up to 3 months for temporary loss and an equivalent of 6 months income for permanent loss). The compensation for business loss will be calculated based on tax receipts or when these are not available based on fixed rates 2. Employees: indemnity for lost wages equivalent to three months income All AHs Relocated owners/renters will receive a transitional allowance for livelihood losses at AF5,200 for 3 months All AHs Relocated owners/renters (including informal settlers) will receive a relocation allowance of AF5,000 2 This fixed rate is based on the average net income of road businesses in project areas as determined by the surveys conducted during LARP preparation.

12 11 Item Application Eligibility Compensation Entitlements Assistance to vulnerable AH Affected by land acquisition, resettlement etc. AH which are: female headed; poor (below poverty line) or headed by handicapped/disabled Vulnerable households will be provided an additional allowance based on three months of average household income determined during the LARP census. persons Preferential employment in the project Severe agricultural land impact allowance Loss of Community, Cultural, Religious, or Governmen t Sites Impact on irrigation channels Temporary loss of land Unidentified Impacts Agricultural land Temporary or permanent loss due to the Project activities Temporary or permanent loss due to the Project activities Temporary use of land during construction Agricultural land owners, leaseholders or sharecroppers losing >10% of their holdings Community/ Affected households construction. Allowance for severe land impacts equal to replacement cost of a year s net income from crop yield of land lost Conservation, protection and cash compensation for replacement (Schools, communal centers, markets, health centers, shrines, other religious or worship sites, tombs,. Cash compensation for affected structures based on the above structures entitlements Community/ AHs Irrigation channels are diverted and rehabilitated to previous standards AP with title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or Community Development Council. AH or individuals Cash compensation based on local land rental rates for the duration of use and restoration at the end of the rental period. Unforeseen impacts compensated based on above entitlements during project implementation by the EA. This fixed rate is based on the average net income of road businesses in project areas as determined by the surveys conducted during LARP preparation 5. MPW is the executing agency (EA) for the Project. A Program Management Office (PMO) has already been established to implement resettlement activities. For the task of resettlement implementation, MPW will have a Due Diligence Team (DDT). In addition, MPW with the concurrence of ADB has engaged an Implementing Consultant (NGO) who will be involved in the implementation of land acquisition and resettlement plan and an independent External Monitoring and Evaluation Agency (EMA) who will provide external monitoring services. 6. The subproject was initially planned to be funded under MFF-1 (Road Network Development Investment Program). However, due to other priorities of the Government, the funds available under MFF-1 were diverted to another road project and accordingly, the implementation of the Sar Hawza to Orgun and Rabat to Shkin roads project could not be taken up earlier. At the request of the Government, ADB has now agreed to provide funds under a new MFF for implementation of various road subprojects including the SarHawza to Orgun and Rabat to Shkin road subproject. Accordingly, the LARP for the project is to be processed and finalized for funding under Tranche 2. A detailed measurement survey, census, and socioeconomic survey was conducted from 4 September to 28 September 2012 to assess the baseline impact and socio-economic profile of the affected people in the subproject, and to prepare this LARP. The cut-off date for the entitlement for compensation is considered as 28

13 September After LARP based on final detailed engineering design is approved by the Government and ADB, the same shall be disclosed to the APs before implementation. 12

14 13 CHAPTER 1: INTRODUCTION AND PROJECT DESCRIPTION A. General 7. The Asian Development Bank (ADB) has agreed to provide the Government of Afghanistan with a Multitranche Financial Facility (MFF) for Transport Network Development Investment Program (the Program). The Program, to be implemented in four tranches targets the construction and improvement of several roads across the country. Tranche 2 of the program covers the construction of three roads projects, namely: 1) Sapary Jalalabad Road Project; 2) Chan-e-Anjir to Gereshk Road Projects; and 3) the SarHawza to Orgun Road and the Rabat to Shkin Roads Project. 8. This Land Acquisition and Resettlement Plan (LARP) has been prepared for the SarHawza to Orgun and Rabat to Shkin Roads Project in Paktika Province by the Ministry of Public Works (MPW), the Executing Agency (EA) as part of the feasibility studies supporting PFR approval of Tranche 2 of the Program. The LARP provides an assessment of the road's LAR impacts and costs and details an action plan for further LAR actions required for the delivery of a final and implementation-ready LARP based on detailed/final engineering design of the road. The LARP fits relevant Afghan laws, the ADB s Safeguards Policy Statement of 2009 (SPS 2009) and the Program's Land Acquisition and Resettlement Framework (LARF) dated July Its preparation involved: (i) detailed measurement surveys, (ii) asset valuation/documentary research on affected plots, (iii) consultation with the APs; (iv) 100% AP census; and (v) a socio-economic surveys of the APs. LARP Finalization Status 9. This LARP is based on Conceptual/Preliminary Design of the alignment superimposed on aerial imagery of the area prepared by the US Army Corps of Engineers (USACE). The impacts assessment is therefore not yet considered final. The final impacts assessment shall be done during the final detailed design phase when the Design-Construct Contractor is selected and where the corridor of impact will be more defined. The compensation rates for the affected assets are still preliminary subject to the approval of both the central and local government and for discussion with the affected parties. In the event the compensation is delayed for more than one year beyond the schedule provided in this LARP the rates will be reviewed and if necessary updated. 10. The road alignment and corridor of impact will be finally defined during the detailed engineering design, and the LARP will be reviewed and updated at that time prior to implementation. This review will account for any design changes and the resultant changes to impacts and compensation amounts. Hence, this LARP is not considered to be implementationready. The review and update of the LARP at that time will: Consider impacts brought about by engineering design changes; Undertake additional detailed measurement surveys, census and socio-economic surveys where warranted to meet data gaps; and Determine the final entitlements, and land acquisition and resettlement budget. 11. The LARP can be considered to be implementation ready only after all impacts based on final detailed engineering design has been prepared and approved. This LARP will require further updates if there are significant delays between the review, design and construction.

15 14 LAR-Related Conditionalities 12. Based on ADB policy and practice for MFF financing, fund release for each tranche is subject to the submission of a Periodic Financing Request (PFR) to be approved by ADB based on the implementation readiness of the tranche feasibility study (including the needed LARPs). The conditionalities for Tranche 2 processing are: (i) (ii) (iii) Approval of Program Tranche and contract awards Phase One (design) conditional to a) a draft LARP by the ADB and the Government; and b) disclosure to the public of this LARP and of the information pamphlet as shown in Attachment 3; Contract awards (approval of Phase Two: civil works implementation): Conditional to full preparation of an implementation ready LARP (including allocation of finances eventual updates, and hiring of the external monitoring agency); and Provision of notice to proceed to contractors: Conditional to full implementation of the LARP (full delivery of compensation/rehabilitation) to be vouched by a Compliance Report prepared by the External Monitoring Agency (EMA). Such a condition will be clearly spelled out in the text of the civil works contract.

16 15 B. Description of the Project 13. The Sar Hawzar to Orgun and Rabat to Shkin roads project passes through three districts of Paktika Province in the eastern part of Afghanistan. These districts are Sar Hawzar, Orgun and Bermal. The major settlements located along the Project road are Orgun and Shkin. The Project road is designed to be two-lane major road standard and having other facilities which will result in making the right-of-way (ROW) up to 15 meters from the centre line. The location map of the Project road is shown below in Figure 1. Figure 1: Location Map of Project Paktika Province

17 16 SarHawza to Orgun Map Area Rabat to Shkin Map Area

18 17 C. Scope of the LARP 14. This LARP has been prepared as per the requirement of ADB s Safeguards Policy Statement of 2009 (SPS 2009), ADB s Policy on Indigenous People (1998) and the Borrower s Law on Land Acquisition. MPW requested ADB's assistance for the implementation of the 48.0 km for which, this LARP has been prepared. The 48km of roadway project is along existing alignment comprising 12 km of gravel road and 36 km of earthen road that requires reconstruction and widening. The Project will affect 26 households who will be losing agricultural irrigated, agricultural non-irrigated, residential/commercial land, structures, trees, and temporary businesses. 15. The project was originally planned to be funded by ADB under MFF-1 (Road Network Development Investment Program). However, the implementation of the project could not be taken up due to unavailability of funding under MFF-1. At the request of the Government, ADB has agreed to process a new tranche of MFF in 2012 for implementation of various road projects, and the present road project is planned to be funded under Tranche 2 of the MFF. The LARP is now required to be prepared and processed under a new funding of the ADB. Stakeholder consultations, focus group discussion, and interviews with the local people and AHs were done to prepare the LARP. This LARP is not final and is subject to update after the final detailed engineering design. More than 20 meetings have been held with the local villagers, village elders and government officials in regards to the road improvement. D. Objective of the LARP 16. The aim and objective of this LARP is to compensate all unavoidable negative impacts caused due to the project, and to resettle displaced persons and restore their livelihoods. The LARP also provides a guideline on the implementation of land acquisition through proper compensation and assistance as per the safeguards requirements of ADB and the relevant policies of Afghanistan. The issues identified and addressed in this document are as follows: Assessment of the type and extent of loss of land and non-land assets, loss of livelihood or income opportunities and collective losses, such as common property resources and social infrastructure; Identification of impacts on Indigenous people, vulnerable groups and assessment of other social issues related to the Project; Public consultation and peoples participation in the Project; Assessment of existing legal and administrative framework and formulation of resettlement policy for the Project; Development of entitlement matrix, provisions for relocation assistance and restoration of businesses/income; Resettlement and Rehabilitation (R&R) cost estimate including provision for fund, and Institutional framework for the implementation of the plan, including grievance redress and monitoring & evaluation.

19 18 E. Eligibility cut-off date 17. Compensation eligibility is limited by a cut-off date based on the survey (detailed measurement survey, Census and socio-economic survey) conducted from 4 th September to 28 th September Therefore, the compensation eligibility cut-off date is September 28, 2012 which coincides with the end of the surveys. Any additional impacts, eligible DPs and entitlements as a result of the final design will be incorporated in the final LARP. Those newly affected by a new/revised alignment will not be subject to the current cut-off date provision and a new cut-off date will be declared for them. F. Security Situation in Paktika Province 18. Paktika is one of the unsecured provinces of Afghanistan. During the field activities, the resettlement field team had difficulties accomplishing the resettlement field survey activities because of security concerns. However, inspite of all security problems, the field work proceeded in accordance with the effective guidance of the Afghan National Police, Afghan National Army and Paktika Provincial Reconstruction Team (PRT). Such arrangements shall continue throughout the succeeding detailed engineering design phase through project completion.

20 19 CHAPTER 2: SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Introduction 19. The proposed Project will rehabilitate or reconstruct existing gravel road and earthen road to a two lane asphalt major road standard. Existing ROW along the Project road mostly varies from 15 to 20m, while the proposed ROW is 30m. Hence land acquisition and resettlement is required along the road alignment. However, most of the project road passes through government land or less populated areas considered as personal lands. A detailed inventory of all the properties and assets has been done within the 30m ROW based on plotting the alignment over aerial imagery. This is to identify the impacts of Project road and land acquisition, and to develop the mitigation measures and resettlement plan accordingly. 20. The Project was originally planned to be funded under MFF-1 (Road Network Development Investment Program). However, due to other priorities of the Government, the funds available under MFF-1 were diverted to another road project and as such; the implementation of the SarHawza to Orgun and Rabat to Shkin roads project could not be taken up earlier. At the request of the Government, ADB has now agreed to provide funds under a new tranche under the same MFF for implementation of various road projects including the SarHawza to Orgun and Rabat to Shkin Roads project. Accordingly, this LARP for the project has been prepared as part of PFR to allow processing of Tranche 2 of the MFF. After this LARP is approved by the Government and ADB, the same shall be disclosed to the affected persons. 21. A structured questionnaire was used to collect detailed information on affected households and properties at the Project area. The survey forms are presented in Annex 1. The information was collected for a full understanding of the Project impacts in order to develop mitigation measures and resettlement plan for the APs. The objective of the census survey was to generate an inventory of all affected assets including land, fruit and non-fruit trees, and structures/buildings and to compile a list of all AHs and APs taking into account the social and economic impacts of land acquisition and resettlement. Various information collected through detailed measurement surveys, and census surveys include: (i) type and extent of impact by physically measuring the size of affected land and structures; (ii) magnitude of impact with respect to the total land holdings of the APs, (iii) number of affected trees/crops; (iv) unit rates for land, crops, trees, and structures; and (v) socio-economic data of AHs household composition and demography; ethnicity, poverty, household income and expenditure, and income from affected assets. The major findings and magnitude of possible impacts are discussed in the following sections. 22. Apart from the census survey, a sample socio-economic survey was conducted covering 23% of AHs. Sample socio-economic survey included socio-demography, family type, size and age structure, occupational pattern, educational status, household income from different sources and consumption pattern, cropping pattern, access to basic services, and preferred use of compensations. This sample socio-economic survey was done to get an overall picture and general characteristic of the affected area and profile of AHs 23. Following section deals in details about the findings of census survey and the impact of land acquisition and resettlement.

21 20 B. Impacts Assessment Personal Land 24. Personal Land. The total land acquisition required for the project is 19,263 m 2 (9.64 Jeribs, 1 Jerib = 2,000 m 2 ) affecting 33 plots of 26 affected households, many of whom owns multiple plots of various types. The type of land, and the number of plots is presented in Table 2.1. Table 2.1: Type of Land to be Lost Permanently Type of Land Location No. of Plots Total Affected Area (m 2 ) I. Agricultural Land Irrigated Land Sar Rowzah District 7 13,600 Non-irrigated Land II. Non- Agricultural Land Commercial Land Soroby District 2 2,650 Orgun Soruby District Sub-total 12 18,150 Sar Rowzah District Orgun District Soroby District Bermal District 3 50 Sub-total 21 1,113 Total 33 19,263 m 2 = square meter. Crops 25. Even though there are agricultural lands that will be affected, there are no crops cultivated in the affected lands. This is because the affected families have not been cultivating these lands due to dust generation of vehicles crossing the unpaved road besides the affected agricultural lands. Trees 26. There are a total of 8 AHs losing 1,065 trees. Out of the total 1065 trees, 735 are fruit bearing trees and 330 are non-fruit bearing trees. Details of the trees are given in Table 2.2 below. All the fruit bearing trees are productive. Table 2.2: Details of Affected Trees Type of Trees Number of Trees Apple 605 Grape 130 Total Fruit Trees 735 Non Fruit Timber Trees (Chinar) 330 Total Trees (Fruit + Non Fruit Trees) 1,065

22 21 Houses and Other Structures 27. A total of 1113 square meters of building structures are impacted by the Project. These are mud/brick/wood and mud/tin roof structures occupied as shops. See Table 2.3 below. Type of Construction Material / Type of Effect Table 2.3: Details of Affected Structures Total Area of Affected Structure (m 2 ) Number of Structures Affected Area <25% Affected Area >25% Shops (Mud/brick/wood, mud/tin roof) Partially Affected Fully Affected 1, ,113 m 2 =square meter; no.=number, Business/Income Losses 28. The 15 shops in Table 2.3 will be permanently losing their entire premises to the road and be impacted by business losses. C. Displaced Persons Census households with 163 persons losing land and/or structures, etc., will be affected due to the project. The affected households together with the type of loss are presented below. Loss of Land 30. The total land acquisition required for the project is 19,263 m 2 (9.65 Jeribs, 1 Jerib=2,000 m 2 ) affecting 26 households and 163 APs. The type of land, number of plots and the number of households are presented in Table 2.4. Table 2.4: Type of Land to be Permanently Lost Type of Land Location No. of Plots No. of AHs No. of APs Total Affected Area (m 2 ) I. Agricultural Land Irrigated Sar Rowzah ,600 District Soroby District ,650 Sub-total ,250 Non-irrigated Orgun Soruby ,500 Sub-total ,8150 II. Non- Agricultural Land Residential/ Commercial Land Sar Rowzah Orgun Soroby Bermal Sub-total ,113 Total ,263

23 22 Loss of Business income 31. There are 15 business owners that will be affected by the Project. The businesses are shops for trucks and travellers to stop at along the road. If the buildings that are within the 30m ROW are required to be removed, then business owners will be required to be compensate for the new structures that will be built, and the loss of business during the rebuilding. There are no employees who will be affected by the project and therefore no compensation for lost wages will be paid. Table 2.5: Details of Business/Income Loss Business/Income Losses AH Business Loss (Owners) General Merchant (Grocery items/vegetables and fruits) 15 Total 15 AH=affected household. Vulnerable Households 32. AHs headed by female or disabled periods, or below the poverty line (BPL) or holding less than jeribs are considered as vulnerable households. The total number of vulnerable AHs by the subproject is 17. These households are below the poverty line. A per capita income of US$ 1 per day was taken as poverty line for assessing the poverty status in Afghanistan by the Ministry of Rural Rehabilitation and Development for its Nationwide Risk and Vulnerability Assessment Sample Survey (NRVA) in The same bench mark was considered in the present analysis also. There are 9 women-headed households in the subproject area that will be affected. Details of vulnerable households are given in Table 2.6. Table 2. 6: Details of Vulnerable Households Type of Vulnerability No. of AHs % of total AH No. of APs Women headed households Below poverty line households by income Total Vulnerable HHs AH=affected household; AP=affected person; no.=number. Household Gender Information 33. Total affected population of the Subproject based on full census survey of 26 AHs, including those who are dependent on the affected facilities, is 163. Male and female population of the total APs and their percentages are given in Table 2.7. Table 2.7: Male and Female Population of AHs (Total 26 AHs) Sex Number of APs Percentage Male Female Total AH=affected households; AP=affected persons.

24 23 Household Ethnicity Information 34. Ethnic groups of the total 26 AHs based on census data is given in Table 2.8. There are only two ethnic groups residing in the subproject area. 96% of AHs are Pashtun and only 4% of AHs are Tajik. These ethnic groups are very much in the mainstream and do not fall under the definition of indigenous people based on ADB SPS (2009). Table 2.8: Ethnic Composition (Total 26 AHs) Ethnicity No of AHs % of AHs (n=163) Pashtun Tajik Total AH=affected household; no.=number. Census Summary 35. The census found that there are a total of 26 AHs and 163 APs. Details on the AHs and APs by category of impact are given in Table 2.9. AP Category Table 2.9: Summary of AHs and APs by Category X impact type Number of AHs Absolute (without double counting) Net No. of AP Remarks A. Land A1. Agricultural Land A3. Commercial Land Subtotal (A) B. Structures B1. Shops (Mud/brick/wood) Included in A C. Trees C1. Non-fruit Timber Trees Included in A C2. Fruit bearing Productive Trees Included in A Subtotal (C) D. Business/Income Losses 15 0 Included in A and B E. Vulnerable Households Included in A, B & C F. Relocation Included in B G. Total AHs and APs AH=affected household; AP=affected person; m 2 =square meter; no. =number.

25 24 CHAPTER 3: SOCIOECONOMIC PROFILE A. General 36. Socio-economic details of the affected households were collected through a sample survey using a structured questionnaire (Annex 2). 6 AHs (about 23% of the total 26 AHs) were randomly selected for this survey. Socioeconomic profile of the AHs are prepared based on this 6 sampled AHs and is presented in this chapter. However, some of the demographic information of the AHs (i.e. type of family, ethnic composition, poverty status and female population) in this chapter is explained based on a census of all 26 AHs. B. Socioeconomic and Demographic Details 37. The following section deals with various socioeconomic indicators and the socioeconomic status of the households in the subproject area. Composition of Households 38. Total affected population of the Subproject based on a census of 26 AHs, including those who are dependent on the affected facilities, is 163. Male and female population of the total APs and their percentages are given in Table 3.1. Table 3.1: Male and Female Population of AHs (Total 26 AHs) Sex Number of APs Percentage Male Female Total The 6 surveyed AHs has 35 members. Among the AH members, 40% are children below 10 years of age, 51.5% are adult and 8.5% are aged over 60 years.the household composition of these sample AHs are given in Table 3.2. Table 3.2: Household Composition of Surveyed AHs (Sample Size 6 AHs) No. of Family Member Male Female Total % of Total Population Children (below 10 years) Adult (10 to 60 years) Aged (above 60 years) Total

26 25 Type of Family 40. Details of family types (whether joint/nuclear/extended) of 26 AHs based on census data is given in Table 3.3. About 85% of the total AHs live in joint families followed by 115% in nuclear families. A description of each of this family type is explained below. Nuclear Families: Nuclear family consists of single family. Joint families: Joint family consists of family of two or three generations. It usually consists of a grandfather, sons and their family, and grandsons and their family. The land is usually controlled by grandfather or by his eldest son. Extended families: Extended family consists of two or more families of three to four generations. It is typical to only Pashtun families and these families may consist of up to 50 members living under a same roof. These families usually consist of two or three grand fathers, sons and their families, unmarried daughters (in some cases daughters with their families), grandsons and families and unmarried granddaughters. The lands are usually controlled by eldest grandfather or by his eldest son. Table 3.3: Type of Family (Total 26 AHs) Particulars No. of AHs % of AHs (n=26) Joint Nuclear 4 15 Extended 0 0 Total AH=affected household; no.=number. Ethnic Composition of Households 41. Ethnicity of the 26 AHs is given in Table 3.4. There are only two ethnic groups residing in the subproject area. 96% of AHs are Pashtun and 4% Tajik. These ethnic groups are very much in the main stream of Afghanistan society and do not fall under the definition of indigenous people based on ADB SPS (2009). Table 3.4: Ethnic Composition (Total 26 AHs) Ethnicity No. of AHs % of AHs Pashtun Tajik Total AH=affected household; no.=number.

27 26 Occupation 42. Based on sample survey of 6 AHs, agriculture is the main occupation in the subproject area. Most of the sampled AHs mentioned (67%) that agriculture is the main economic activity. Business/sales (33%) are the second major economic activity. The details are given in Table 3.5. Table 3.5: Occupational Pattern of the Households (Sample Size 6 AHs. Multiple Responses) Particulars No of AHs % of AHs (n=6) Agriculture 4 67 Working for other farmers 0 0 Small enterprise 0 0 Government & NGO 0 0 Business and trading 2 33 Hunting or gathering 0 0 Daily Wage 0 0 Other 0 0 Total 6 (multiple responses) AH=affected household; no.=number. Women s Activities 43. Details of activities carried out by the women of the sampled 6 AHs are given in Table 3.6. The predominant activity of women is household work where they spend all of their time. Table 3.6: Type of Activities for Women (Sample Size 6 AHs. Multiple Responses) Activities No of AHs % of AHs (n=6) Cultivation 0 0 Trade & Business 0 0 Service 0 0 Households Work Others (fuel collection) 0 0 Total 6 (multiple responses) AH=affected household; no.=number. Women s Participation in Decision Making AHs reported that women do not usually take part in decision making process of the family. Table 3.7: Women s in Decision Making (Sample Size 6 AHs.) Details No. of AHs % of AHs (n=6) Women play role in decision making 0 0 Women has no role in decision making AH=affected household; no.=number.

28 27 C. Economic Profile of the Subproject Population Poverty Status 45. Poverty status of the all the 26 AHs, collected based on the census survey, is given in Table 3.8. A per capita income of US$ 1 per day was taken as poverty line for assessing the poverty status in Afghanistan by the Ministry of Rural Rehabilitation and Development for its Nationwide Risk and Vulnerability Assessment Sample Survey (NRVA) in The same bench mark was considered in the present analysis also. Nearly 69.3% of the total AHs are nonpoor and 8 households are considered as vulnerable households below poverty line. Table 3.8: Poverty Status of AHs (Total 26 AHs) Poverty Status Total AHs % of AHs (n=6) Poor Non Poor Total AH=affected household. Income and Sources 46. Agriculture and business contribute the most to annual income of the 6 sampled AHs. Details of various sources of income and it average annual income from these sources for 6 sampled AHs are given in Table 3.9. All AHs are involved in agriculture and it is their primary source of income. Source of Income Table 3.9: Average Annual Income from Various Sources (Sample Size: 6) Average Annual Income from respective Source (AF) % of Income % of AHs involved (n= 6) Agriculture 144, Business 120, The total average annual income of the sampled 6 AHs is AF 136,600 and the average monthly income is AF 11,383. Annual Expenditure 48. Average annual expenditure of the sampled 6 AHs on various types of items is shown in Table Food is the major type of expenditure and contributes to 64% of the total expenditure followed by transportation (9.4%), health (11.6%), Clothing (11.6%),Education (2%) and Social Function is (1.4%). The average total annual average expenditure per AH is AF104, 900.

29 28 Table 3.10: Average Annual Expenditure (Sample Size 6) Type of expenditure Average Annual % of Expenditure Expenditure (AF) Food 67, Transportation 9, Clothing 12, Health 12, Education 2,000 2 Communication 0 0 Social functions 1, Agriculture 0 0 Consumption of fuel for household 0 0 Electric bill 0 0 Other expenses 0 0 AF=Afghanistan currency. Indebtedness 49. Indebtedness is not quite prevalent in the sampled 6 AHs. Around 34% AHs reported that they took loan from different sources for various households needs. Around 66% of the households reported that they didn t take any loan. Details are given in Table Table 3.11: Status of Indebtness (Sample Size 6 AHs) Particulars No of AHs % of AHs (n=6) Indebted Households 2 34 Non Indebted Households 4 66 Total AH=affected household; no.=number. Assets Possessions 50. Details of various types of common household assets possessed by the sample 6AHs are given in Table The main common household assets possessed by the AHs are radio (83%), bicycle (83.7%), and Motor cycle(50%). Table 3.12: Possession of Durable Goods (Sample Size 6. Multiple Responses) Item Number of AHs % of AHs (n =6) Radio 5 83 Bicycle 4 66 Television 0 0 Computer 0 0 Washing Machine 0 0 Motor cycle/scooter 3 50 Car 0 0 Air Conditioner 0 0 AH=affected household.