Safeguards Monitoring Report

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1 Safeguards Monitoring Report Semiannual Report Covering July-Dec 2016 period February 2017 (ESDIP) Tranche-2 Chimtala- Arghandi 220 kv DC Transmission Line Subproject (DABS - 006/ICB) Prepared by Da Afghanistan Breshna Sherkat (DABS, Electricity Utility) of Islamic Republic of Afghanistan for the Asian Development Bank. The Social Safeguards Monitoring Report is a document of the Government of Afghanistan. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 CURRENCY EQUIVALENTS (as of January 2017) Currency unit AFN AFN1.00 = $0.017 $1.00 = AFN This semiannual social safeguards monitoring report 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. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 2

3 GLOSSARY ADB : Asian Development Bank NEPA : National Environment Protection Agency AF : Affected Family AP : Affected Person DABS : Da Afghanistan Breshna Sherkat NEPS : Northren Electrical Power System CSC : Consultant Service Company TAP : Technical Assistace Personnel DMS : Detailed Measurement Survey EA : Executing Agency (DABS) ESU : Environmental and Social Unit EMA : External Monitoring Agency IEE : Initial Environmental Examination IOL : Inventory of Losses kv : Kilo volt LAR : Land Acquisition and Resettlement LARF : Land Acquisition and Resettlement Framework LARP : Land Acquisition and Resettlement Plan MFF : Multitranche Financing Facility NES : North Eastern Power System NGO : Nongovernment Organization NOC : No Objection Certificate PMO : Project Management Office PMPI : Project Management and Project Implementation RP : Resettlement Plan SMEC : Snowy Mountains Engineering Corporation SPS : Safeguard Policy Statement TL : Transmission Line TOR : Terms of Reference UXO : Unexploded Ordnance HH : Household 3

4 1. Background 1. This is the 5th semi-annual Report on the status of implementation of LARP for Chimtala- Arghandi 220 kv Double Circuit Transmission Sub-Project for the period from 1 July to 31 December The 1 st, 2 nd, 3 rd and 4 th semi-annual Reports have already been submitted by the PMO-DABS to the ADB and reviewed and posted on the ADB website. 2. (ESDIP) is being implemented in Afghanistan through financing from Asian Development Bank (ADB) under a Multi-tranche Financing Facility (MFF) that has been divided into a number of tranches or groups of subprojects. Each of the program s tranches constitutes a project which, in turn, has been divided into several subprojects involving the construction of the power transmission and distribution projects. The construction of 30 km long Chimtala-Arghandi 220 kv double circuit Transmission Line is a sub-project of Tranche-2. The Project is part of the North East Power System (NEPS) that connects northern and eastern Afghanistan, and also facilitates power import from Tajikistan, Uzbekistan and Turkmenistan. 2. Revision of LARP 3. A short Land Acquisition and Resettlement Plan (LARP) for the sub-project was prepared and disclosed by the DABS in 2009, as per provisions of the Land Acquisition and Resettlement Framework (LARF) which was based on the ADB s Involuntary Resettlement Policy (1995). However, its revision was required because of the implementation of Safeguard Policy Statement (SPS) by the ADB in Accordingly, the LARF for the MFF was revised and updated as per provisions of the SPS 2009 and posted on ADB website in September The LARP was revised in April 2015, based on the final design of the subproject. The LARP contains the number of the affected families (AFs) and affected persons (APs), types of impacts and impacts mitigation measures, and compensation procedures. The grievance redress mechanism, institutional arrangements for the implementation of LARP, monitoring, reporting are documented in this LARP in accordance with the revised LARF for the MFF. 3. LAR Impacts as per the approved LARP 4. The following LAR impacts have been identified for the Chimtala-Arghandi 220 kv Double Circuit Transmission Line sub-project. Description of Impact Number/Quantity Land loss (permanent) for tower foundations 17,131 m 2 Loss of trees 381 Productive fruit trees, 49 Non-productive wood trees, as per LARP. Revised Assessment by contractor- 694 trees Loss of Crops 211,306 m 2 Total No. of Affected Households No. of Vulnerable Affected Households Total population of affected households 40, actual, 48 as per approved LARP Nil 263 Comprising151 males and 114 females 4

5 The reason for the decrease in the number of affected people and total population of affected households is that originally there were 48 affected household in to the final and approved LARP out of 48 affected household 8 of AH were taken out from the impact list due to change of bypass from above of their plots in Chimtalah- Substation who were no more affected, DABS decided to change the 3 towers location from private property in to the governmental land on the access road of the substation which is property of the substation. 4. Institutional Arrangements for LARP Implementation 5. has well-established institutional arrangements for LARP preparation and Implementation as provided in the LARF. DABS has the overall responsibility for the Program including preparation, implementation and financing of all LAR tasks and cross-agency coordination. DABS is executing the Program related activities through a Project Management Office (PMO). 6. The Project Management Office (PMO) is dealing with responsibility for the preparation, implementation and monitoring of LARP and other day to day LAR issues. As necessary the PMO is coordinating with the Ministry of Agriculture, Irrigation and Livestock (MAIL), Cadastre Survey Department, local Governorates, NGOs, the community shuras and locally elected councils. The PMO is undertaking the LAR activities through the Environmental and Social Unit (ESU) that has been established in the PMO exclusively to deal with the safeguards issues. 7. The ESU is responsible internally to monitor LARP based on detailed design and detailed measurement survey (including surveys, asset valuation, and community consultation), and its implementation, LAR-related cross-agency/inter-departmental coordination, LARP approval, preparation of internal monitoring reports, and other LAR tasks, as assigned; and ensure the availability of required budget for the implementation of LARP. 8. The ESU is supported by the Program Management and Project Implementation Consultants (PMPIC) to manage LAR activities. The PMPIC is supporting the PMO-ESU in managing the LAR activities. They are assisting in LAR planning/implementation, internal monitoring and evaluation (M&E), and training LAR as per ADB resettlement policy requirements. The PMPIC has engaged one international and one national social development/ resettlement specialist to work with the PMO-ESU on all LAR related tasks and to liaise with the contractor to ensure smooth implementation of related social development/ resettlement requirements. 5

6 Institutional Arrangements for Safeguards Compliance ADB DABS -PMO ESU Resettlement Team (1x Key Resettlement Specialist 1x Junior Specialist) PMPIC Resettlement Team (1x National Resettlement Specialist 1x International Resettlement Specialist) Provincial DABS-PMO Staff Affected Families/Persons 5. LARP Implementation 9. The major activities relating to LARP implementation are the formation of a GRC and payments to the APs for their permanent and temporary losses along with other admissible allowances. As of 31 December 2016, compliance status relating to LARP implementation is provided as follows. 5.1 Notification of Grievance Redress Committee (GRC) 10. As required vide the grievance redress mechanism in the approved LARP, the GRC has not notified the PMO up till 31 Dec 2016 of any potential grievance. This has been achieved by the DABS by carrying out extensive consultations with the DPs with the involvement of the local elders; who assured the DPs on behalf of DABS that the process of arranging the funds by the DABS was under way and as soon as the funds were arranged, the payments will be made to them as per LARP. 11. The transmission line involved the construction of 109 towers of different specifications, according to final design. Out of these, 52 towers were to be constructed on government lands and the remaining 57 towers on the privately owned lands requiring acquisition of land on permanent basis. The construction process at tower location Nos. 3, 4 & 5 near Chimtala SS. finally relocated from private land in to DABS property and all the construction, erection, stringing of these towers have completed in January 2017 while DABS decide to avoid a big amount of 6

payment for previous route portion which was under claim by claimers. Now these 3 monopole towers have been installed in DABS property along the access road of Chimtalha SS. 5.

7 payment for previous route portion which was under claim by claimers. Now these 3 monopole towers have been installed in DABS property along the access road of Chimtalha SS. 5.2 Compensation for Permanent Losses (To be paid by PMO-DABS) 12. DABS- PMO has allocated the funds for payments of compensation of permanent affected land to the APs. Similarly, DABS-PMO decided to transfer the compensation amount through to APs account and all the APs have opened separate bank account for this purpose. The PMO pursued the DABS for the allocation and realease of required fund. Activity during the period under report is recent letter that was written to DABS by PMO that allocated and approved fund for compensation to the APs. This letter is attached as Annex-1. As per the approved LARP, an amount of 61,318,389 Afghani is to be paid to the DPs as compensation cost for the 48 APs affected land and other admissible allowances, but the above amount decreased to 48,136,72 Afghani payable for the 40 affected household. the recent approved amount letter has been attached as Annex Compensation for Temporary Losses (Payment by the Contractor) 13. As per sub-section of the Project Contract (quoted in the LARP under sub-head 1.6.3), the Contractor is liable to pay for all the temporary losses of crops and trees, for access roads during the construction of transmission line. He is also liable to pay for crops and tree losses in the RoW. As per initial assessment of temporary losses provided in the LARP, the total costs calculated to 3,901,892 Afghani as per following details. Sr. No. 1 Description Cropped Area Affected under Towers Foundation & within RoW during stringing activity 2 Cropped Area under Access Road 40 No. of Affected Families 22 Extent of Loss (Jerib) 3.74 (Jerib) Due Amount (Afghani) 1,471,360 60,532 3 Compensation for Affected Trees ,370,000 Specimen Showing the Documentation for Payment of Compensation by Contractor 14. The compensation for affected cropped area and trees was determined by the contractor in consultations with the affected communities. These consultations were facilitated by the PMO and the 7

8 Consultants, as well. The rates agreed between the contractor and the affected communities were also agreed and endorsed by the Governor of Paghman. Accordingly, the contractor started paying the DPs and an amount of 1,270,000 has already been paid on account of crop area losses under tower foundations and within RoW to the 18 DPs out of 22. No amount has been paid so far for crop area losses under Access Roads. 15. As per initial assessment, an amount of 2,370,000 Afghani was to be paid by the contractor to the 14 DPs on account of trees compensation as assessed during the preparation of LARP. This assessment envisaged the removal of 430 trees of different types from the RoW. However, at the stringing stage, it was observed that the trees falling in the RoW were within the permissible ground clearance limit of 4m height and did not need removal, as envisaged during the initial assessment. The Contractor brought this into the notice of the DABS and the Consultants that there was no need of removing the trees but only cutting of branches would be required which would cause minor fruit loss. It was further revealed that more trees would be affected as against the initial assessed number. This necessitated the fresh assessment of affected trees. Accordingly, a fresh round of consultations were made with the owners of the affected trees falling within the RoW by the Contractor, with support from Consultants and the PMO. The elders of the communities were also involved. As a result of these consultations, the number of AFs with tree impacts was estimated as 19 instead of 14 as originally identified. The number of revised affected trees worked out as 694. Similarly, these consultations concluded a uniform unit rate for fruit loss as Afghani per affected tree for all kinds of tree species; with the consensus of the tree owners. The amount has been paid by the contractor to the owners of affected tree. The Consultants monitored all the payment process and no grievance or complaint were received from the DPs. the status of payments by the contractor as of 31 July 2016 is provided as follows. Sr. No. 1 2 Description Compensation for Crop Losses (under Towers Foundation & RoW) Compensation for Crop Losses (under Access Roads) Due per Initial Assessment AFs Amount (No.) (Afg.) Paid AFs (No.) Amount (Afg.) Remaining AFs (No.) Amount (Afg.) 22 1,471, ,270, , , ,532 3 Compensation for Affected Trees (Revised Assessment) , , Conclusions 1. The following conclusions are drawn from the current bi-annual monitoring of LARP implementation 2. The funds have been provided by DABS for the payments of compensation to Aps for permanently affected land and as soon as the remained affected people bring their copy of bank account PMO will send them as officially to finance department for payments. 8

9 3. The issue of ownership of land at tower nos. 3, 4 and 5 has been solved as fundamental. 4. The Grievance Redress Committee (GRC) in compliance of GRM per approved LARP has been formed in Paghman district. The contractor has paid about 89% of the payable amount (including reassessed affected trees value) on account of temporary losses. The remaining amount yet to be paid. 7. Summary of Monitoring Indicators 16. Performance relating to monitoring indicators is summarized as under. Monitoring Indicators For LARP Implementation 1. Approval of LARP by ADB 1. Institutional Arrangements 2. Grievance Redress Committee 3. Payments to APs for Permanent Land & other Losses by DABS 4. Payments to APs for Temporary Losses by the Contractor 5. Internal Monitoring by ESU Status as of Decemb er 2014 Under Review Not Formed Status as of June 2015 Approve d Status as of December 2015 Status as of June 2016 Required Action Approved Approved Implementation of LARP - In place In place In place under taking action Not Formed Nil Nil Nil Nil 33% of the total compens ation amount paid. Not Formed For Crops Losses: 83% For Trees Losses: 100% as per reassessed tree impacts. Has been formed Witin the month of Feberuary No activity during the reporting period. Regular Regular Regular Regular Has already formed by the DABS as per LARP provisions. Compensation payments prosess has been started by DABS. DABS have already made arrangement for funds provision, as assessed in the LARP and pay the AFs compensation for their permanent losses. Disbursement of remaining amount for crop losses to the APs urgently required. Regular- As a continued activity 9

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