Safeguards Due Diligence Report
Project Number: 53178-001 September 2019
GEO: East–West Highway (Shorapani–Argveta
Section) Improvement Project
Prepared by the Roads Department of the Ministry of Regional Development and Infrastructure of Georgia for the Asian Development Bank. This safeguards due diligence 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. Your attention is directed to the “terms of use” section on ADB’s website. 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.
CORRECTIVE ACTION PLAN
TA-9755 GEO: Preparing the East-West Highway (Shorapani-Argveta Section)
Improvement Project - 05
CORRECTIVE ACTION PLAN
FOR
LAND ACQUISITION AND RESETTLEMENT PLAN
Preparing of the East-West Highway
(Section F 4: Shorapani-Argveta Section) Improvement Project
SEPTEMBER 2019
This corrective action 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.
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.
Table of Contents
Table of Contents ................................................................................................................. 2
ABBREVIATIONS ................................................................................................................ 3
1 Introduction ............................................................................................................................. 4
2 Brief review of the project .................................................................................................... 5
3 LARP Review Methodology ................................................................................................. 6
4 Level of LARP Compliance with ADB SPS 2009 ............................................................. 7
5 Corrective Actions Proposed ............................................................................................. 22
6 Consultations ....................................................................................................................... 25
ABBREVIATIONS
ADB Asian Development Bank
AP Affected Person (refers to person affected by LAR)
AH Project Affected Household
CAP Corrective Action Plan
DMS Detailed measurement survey
GEL Georgian Lari
GoG Government of Georgia
GRC Grievance Redress Committee
IA Implementing Agency
JICA Japan International Corporation Agency
LAR Land acquisition and resettlement
LARP Land acquisition and resettlement plan
M&E Monitoring and Evaluation
NAPR National Agency of Public Registry
PIU Project Implementation Unit
PPTA Project Preparation Technical Assistance
RD Roads Department
RDMRDI Roads Department of the Ministry of Regional Development and Infrastructure
of Georgia
RoW Right of way
RDRD Road Development and Resettlement Division
RU Resettlement Unit
SES Socio-economic survey
SPS Safeguard policy statement
1 INTRODUCTION
1. The Government of Georgia (GOG) has received a loan from the Asian Development Bank
(ADB) through a Multi tranche Financing Facility (MFF) for implementing the Road Corridors
Development Program (the Program) to rehabilitate, improve or construct several roads in various
regions of Georgia. The program includes the Khevi–Ubisa-Shorapani-Argveta section (E60
Highway Route) which are financed under separate funding arrangements.
2. The LARP was prepared by IRD and SPEA consulting was based on a preliminary survey
appraisal conducted on November 16, 2017, according to the requirements of the ADB’s
Safeguard Policy Statement (SPS) (2009) as well to the Resettlement Policy Framework prepared
by the East –West Highway Corridor Improvement Project AF- Upgrading and construction of
Khevi-Argveta Section F4 of the E-60 Highway approved on April 2017.
3. Section F4 was originally under consideration for funding from JICA. Accordingly the
LARP was prepared and approved according to JICA guidelines for Environmental and Social
Considerations (April, 2010). The approved LARP was produced as implementation-ready and
approved by Roads Department of Georgia and JICA.
4. The approved LARP was developed in compliance with the Resettlement Policy
Framework (RPF) of the East West Highway Improvement Corridor Project, prepared by the
Roads Department of the Ministry of Regional Development and Infrastructure of Georgia
(RDMRDI) with support from the World Bank (WB). The RPF was disclosed in 2016 under the
parent EWHCI Project, and specificities of the Khevi-Argveta section road section under the
EWHCIP Additional Financing.
5. However, when the Government of Georgia (GOG) had received a loan from the Asian
Development Bank (ADB) through a Multi tranche Financing Facility (MFF) for implementing the
Road Corridors Development Program (the Program) to rehabilitate, improve or construct several
roads in various regions of Georgia, including Khevi–Ubisa-Shorapani-Argveta section (E60
Highway Route) to be financed under a separate funding mechanism; it was identified that the
road section (F 4) to which this LARP applies would then be financed by the ADB.
6. Therefore a decision was made to conduct due diligence of approved LARP, review
existing documentation for land acquisition activities on F4, and assess LARP compliance with
ADB SPS 2009, and then based on the LARP audit, prepare Corrective Action Plan (CAP) for the
LARP to achieve the project consistency with ADB's Safeguards Policy Statement (2009).
2 BRIEF REVIEW OF THE PROJECT
7. The Shorapani–Argveta Road Section F4 (E60 Highway) (the Project) was prepared under
a small-scale technical assistance program. The proposed section improvement required the
construction of 12 tunnels (6 double tubes), 14 bridges, 4 interchanges and several deep cuttings
and high embankments with a total length of 14.7 km.
8. A preliminary survey appraisal on the localization, assessment and evaluation measures
to be delivered to the APs had been done on November 16th 2017 intending to devise the amount
and magnitude of the compensation. The survey was conducted together with the national and
international resettlement expert and an Independent Professional Assessor according to the
international standard on property evaluation.
9. According to the approved LARP, in total 609 (642,825 sq.m.) land parcels owned and/or
possessed by 455 AHs (2047 persons) are affected by the proposed road project requiring
permanent acquisition of land parcels of agricultural (493), residential (50) and non-agricultural
(66) designation.
10. As per approved LARP in total 379 land parcels are severely affected. 40 PAHs belong to
vulnerable groups and 21 households face physical resettlement. Aside to the local households,
the project impact is extended over the owners of 14 project affected business facilities causing
the loss of jobs of 41 employees.
3 LARP REVIEW METHODOLOGY
11. The Consultants, within the scope of the assignment conducted necessary activities, desk
reviews and on-site studies, conducted due diligence of land acquisition and resettlement plan
(LARP review) currently under implementation.
12. The LARP review identified aspects requiring additional improvement and specific
activities to allow the updated LARP to meet the requirements and standards of the
“Implementation Ready LARP” developed in compliance with country legislation and ADB SPS
2009, and best practice from recent ADB financed projects in Georgia. Results and gaps identified
during the LARP audit are described in this CAP to ensure that the project is prepared to
acceptable safeguards standards.
Desk review
13. The Consultants reviewed the approved LARP and LAR detailed budget, reviewed the
records of Grievance Log, and analyzed legal gap analyses and Entitlement Matrix.
14. Since LAR activities have not yet been completed, no External Monitoring Report is
available. No internal monitoring reports have been prepared in the course of LARP
implementation.
15. During the LARP review process, the Consultants focused on the following areas:
Assessment the quality of the LARP document and its compliance with ADB SPS 2009
and Legislation of Georgia required close review of the following aspects:
a. LARP and detailed LAR budget
b. Review and professional evaluation of the valuation methodology exercised to
determine land compensation rates. This task is being undertaken by a firm of
professional valuers – 17 representative sample land plots have been selected
along the length of the proposed highway and these are currently under valuation. 1.
c. Review of Compensation Entitlement Matrix and Compensation Eligibility Criteria
d. Legal Gaps and Mitigation Measures suggested under the LARP
e. Review and assess of communication strategy provided through public
consultations during LARP preparation.
1 Colliers deployed directly by ADB for supplementary valuations on F4.
4 LEVEL OF LARP COMPLIANCE WITH ADB SPS 2009
a. Compensation eligibility criteria
16. Assessment of compatibility of eligibility criteria and entitlement matrix suggested in the
LARP with ADB. As per the approved LARP Compensation Eligibility is defined as below. APs
entitled to compensation or at least rehabilitation provisions under the Project are:
All APs losing land either covered by legal title/traditional land rights, Legalizable, or without
legal status
Tenants and sharecroppers whether registered or not
Owners of buildings, crops, plants, or other objects attached to the land, and
APs losing business, income, and salaries.
17. The approved LARP defines Cut-off date which is the start date of DMS which is 10th of
December, 2017. APs who settle in the affected areas after the cut-off date will not be eligible for
compensation. They will be given sufficient advance notice, requested to vacate premises and
dismantle affected structures prior to project implementation. Their dismantled structures
materials will not be confiscated and they will not pay any fine or suffer any sanction.
18. The Eligibility Criteria defined in the approved LARP meets ADB SPS policy principles.
19. The Khevi-Ubisa project, or F2 Road, provides an appropriate example of a recent ADB
approved LARP of the Roads Department of Georgia that meets the requirements of ADB’s SPS
2009. Since this project, approved in 2018, is part of the same East West Highway as the section
covered by the current LARP, it is considered appropriate that the entitlement matrix of the current
LARP for F4 be compared with the F2 LARP and corrective actions identified and proposed as
required. The following table provides a direct comparison.
Comparison of F2 and F4 Entitlement Matrices
Comparison analyses of F 4 and F 3 Entitlement Matrix
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Land
Permanent loss of all types of land (arable, residential, industrial, commercial) Agricultural Land: Permanent land loss, access or damage.
All land losses independent from impact severity AP losing productive land regardless of impact severity
PAPs (with fully registered title)
PAPs will receive cash compensation at full replacement cost at current market value. The unit rate will be confirmed in the LARP. If any remaining part of the land owned by the registered owners is no longer appropriate for use, such remaining part will also be purchased subject to the agreement with the owner. .
Cash compensation at full replacement cost based on current market value. If the residual plot becomes unviable for cultivation, the project will acquire it if the owner so desires.
No corrective Action required
PAPs (possessors of legalizable land parcel) Legalizable Owner: (APs with title formalization pending and APs who are not registered but legitimately use the land and have residential land or agricultural plots adjacent to the residential land)
Assistance to PAPs in the process of legalization of project affected land parcel being under their possession. Once legalization and registration of ownership title is accomplished, land acquisition will be undertaken and PAP will receive cash compensation at full replacement cost at current market value at unit rate proposed in approved LARP. If any remaining part of the land owned by the registered owners is no longer appropriate for use,
The ownership rights of these Aps will be recognized, the land registered in NAPR and the PAPs provided with cash compensation at full replacement cost. Registration costs will be paid by the Project.
Corrective Action required EM to to specify that: a. “Registration cost will be covered by the Project” b. If any remaining part of the land owned by the registered owners is no longer appropriate for
The F4 EM does not specify that registration costs will be paid by the Project, unlike the F2 EM, though it does mention assistance in the legalization process.
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
such remaining part will also be purchased subject to the agreement with the owner.
use, such remaining part will also be purchased subject to the agreement with the owner.
Leaseholder of private or public lands Agricultural Tenant
Free of charge renewal of lease in other plots of equal value/productivity of affected land parcel or cash compensation equivalent to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years). In addition, cash compensation to reimburse the proven investments incurred by the Leaseholder to improve the leased land.
Full Compensation of income of lost crops x the remaining years (up to 4 years) of lease. In case of tenancy no crop compensation will be given to the land owner.
Corrective Action required Additional compensation to be specified in the amount equal to full compensation of lost income for 1 extra year No budget implications at present as no APs identified in this category.
The F4 EM gives compensation for up to 3 years yield plus any proven improvements to the leased land. F2 EM gives compensation for up to 4 years yield, but improvements are not mentioned
Leaseholder (not registered)
Cash compensation equivalent to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years).
This category is missing from F2 EM
Non-titled, non-legalizable land users/Squatters
Non-legalizable APs losing agricultural land plot, which is the only land plot owned
Non-legalizable APs losing
Corrective Action required
F4 EM – 3 months
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Non-legal/Informal Settler: APs that are not legitimate land users or squatters
by AH and provides main source of income for AH, will be compensated with one-time self-relocation allowances in cash equal to 3 months of minimum subsistence income.
agricultural land plot, which is the only land plot owned by AH and provides main source of income for AH, will be compensated with one time allowances in cash equal to 1 year of minimum subsistence allowance.
The amount of minimum subsistence level to be increased up to 1 year. 1 AP is currently identified as eligible for increased compensation.
subsistence allowance
F2 EM – 12 months subsistence allowance
Permanent loss of community land (pastures, grazing land)
Local community losing access to pasture, grazing land
Affected community will be free of charge allocated replacement land of similar size, productivity, and location acceptable to affected community by the local government. If such replacement is not possible, Livelihood Restoration Plan will be prepared and implemented to address the needs of affected community and preserve their livelihood at least similar to pre-project level.
No Corrective Action required
F2 EM mentions Loss Of Community Infrastructure/Common Property Resources And its compensation entitlement reads: “Reconstruction of the lost resource/asset in consultation with community and restoration of their functions
Structures
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Residential house and auxiliary buildings Residential and non- residential structures/assets
Project affected residential auxiliary buildings dwellings subject to partial/full demolition
All PAPs All AHs regardless of their legal ownership/ registration status (including legalizable and Informal Settlers)
All impacts will be considered as full impacts disregarding the actual impact percentage. Impacts will be compensated in cash at full replacement costs free of depreciation and transaction costs. In addition, Livelihood Restoration initiatives will be provided to PAPs that may face deterioration of livelihood through indirect impact of proposed road project. (e.g. project impact is extended only on residential dwelling subject to full cash compensation at replacement costs and additional one-time allowances to transport salvaged materials and personal belongings. However, other income generating assets (agricultural land/private commercial facilities) may remain outside of project impact; correspondingly, these assets may not be included in the suggested compensation package. PAPs after moving and settling down to a new location may at least temporarily lose income due to lack of access (increased travel time, complicated
Cash compensation for building/structures losses at full replacement costs free of depreciation and transaction costs.
No corrective action required
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
accessibility) to the above mentioned income generating assets not affected by the proposed project.
Residential tenants/renters
One-time allowance equals monthly rental fee (specified in the lease agreement) multiplied by 3; if Lease agreement is not available, minimum monthly salary multiplied by 3; In addition one-time technical assistance for transportation personal belongings to a new location; or one-time cash allowance to cover costs for transportation personal belongings. LARP developer consultant will determine reasonable amount depending on the project nature and specificity.
No corrective action required
This sub-category is not included in the F2 EM
Commercial structure
Project affected commercial facilities subject to partial/full demolition
Titleholder Cash compensation at replacement cost at current market value calculated for project affected structure and other fixed assets free of salvageable materials, depreciation and transaction costs. If partial demolition threats deterioration of structure or raises safety and security concerns the cash
No corrective action required
This category is not included in the F2 EM
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
compensation, will apply to the full structure.
Tenant of commercial facility
One-time allowance equal to monthly rental fee (specified in the lease agreement) multiplied by 3; if Lease agreement is not available, minimum monthly salary multiplied by 3.
No corrective action required
This sub-category is not included in the F2 EM
State/Municipality owned buildings affected by project Loss of common property resources
Project affected state/Municipality owned buildings subject to partial/full demolition Community / Public Assets
IDPs, refugees, squatters occupying facilities for residential purposes Community / Government
Accommodation in a government resettlement area or a self-relocation allowance as stipulated in the approved LARP.
Reconstruction of the lost resource/asset in consultation with community and restoration of their functions
No corrective action required No IDPs identified.
This is worded differently between the two EMs and do not necessarily imply or apply to the same things.
Wording can be revised in updated LARP
Fences/Walls All PAPs with fences to be affected
All PAPs Cash compensation at replacement (construction) cost according to the material and linear meter length of affected fence/wall.
No Corrective Action required
This category is not included in the F2 EM
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Annual Crops Crops
Crops affected Standing crops affected or affected agricultural land, used permanently for crop cultivation.
All PAPs (including squatters) All APs regardless of legal status (including legalizable and Informal Settlers)
Crop compensation in cash at gross market value of actual or expected harvest. Compensation for this item will be provided even in case if the crops were harvested. Crop compensation will be paid to landowners, land users, tenants or other users based on their specific sharecropping agreements being made between these parties, if any.
Crop compensation in cash at market rate for gross crop value of expected harvest.
No Corrective Action Required
Perennials standing on private land parcels Trees
Project affected Fruit bearing perennials Trees affected
All PAPs (including squatters) All APs regardless of legal status (including legalizable and Informal Settlers)
Cash compensation at market value on the basis of type, age, and productive value of fruit tree; Each fruit bearing tree in addition shall be compensated for purchase of saplings. PAPs will be eligible to dispose logged trees themselves. Construction company ensures free logging and delivery of timber to the residence of PAPs.
Cash compensation at market rate on the basis of type, age and productive value of the trees. (Based on the expected yield of the tree, multiplied by the number of years required to grow a tree of equivalent productivity).
No Corrective Action required
Unlike the F4 EM, the compensating the costs of purchase of saplings and arrangements by the Contractor to deliver of the logged timber to the residence of PAPs is not mentioned in the F2 EM
Project affected non-fruit bearing perennials
All PAPs (including squatters)
No cash compensation will be issued for perennials not bearing fruits. PAPs will be eligible to dispose logged trees themselves.
No corrective action required
Non-fruit bearing perennials are not mentioned in the F2 EM separately.
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Wording can be revised in updated LARP
Though the Compensation Entitlement column for Trees reads the following: Cash compensation at market rate of the basis of Type, age and productivity value of the trees.
Perennials (on public/State land)
Standing trees Perennials standing outside of private land
Construction Company will deliver logged down trees and transfer to the Municipality. Municipality may later distribute to local population below poverty levels.
No corrective Action required
This category is not included in F2 EM
standing on the forestry land
Standing non fruit trees
Perennials standing outside of private land
The legal implementation of the mentioned activity requires, that Perennials standing on the forestry land must be delisted from the State forest fund in accordance with the corresponding Decrees of Government of Georgia Construction Company will deliver logged down trees and transfer to the Municipality. Municipality may later distribute to local population below poverty levels.
No corrective Action required
This category is not included in F2 EM
Income loss
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Lessors/landlords Crops Trees
Loss of income through termination of Lease agreements Standing crops affected or affected agricultural land, used permanently for crop cultivation. Trees affected
All PAPs holding lease/rental agreement All APs regardless of legal status (including legalizable and Informal Settlers)
One-time allowance equal to monthly rental fee (specified in the lease agreement) multiplied by 3; if Lease agreement is not available, minimum monthly salary multiplied by 3.
Crop compensation in cash at market rate by default at to gross crop value of expected harvest. Cash compensation at market rate on the basis of type, age and productive value of the trees. (Based on the expected yield of the tree, multiplied by the number of years required to grow a tree of equivalent productivity).
No corrective action required Wording can be revised in updated LARP
Income loss is defined differently between the two EMs. The F4 emphasizes on the lease of land and its duration, whereas the F2 emphasizes on the crop affected and its value based on type, age and expected harvest.
Business Employment Business Employment
Temporary or permanent loss of business or employment Business/employment loss
All PAPs (including squatters) All APs regardless of legal status (including legalizable and Informal Settlers)
All kind of running business (officially registered or not-vendors etc.) will be compensated in cash equal to 1-year based on tax declaration or, if unavailable (Loss of income from both formal and informal economic activities) based on the official minimum substance income. All kind of unofficial business (e.g. street venders) will compensate based on official minimum substance income multiple on active period up to 1 year.
Owner: (i) (permanent impact) cash indemnity of 1 year net income or in the absence of income proof, One time minimum subsistence allowance in cash up to 12 months; (ii) (Temporary impact) cash indemnity of net income for months of business stoppage. Assessment to be based on tax declaration or, in its absence, minimum subsistence allowance
Corrective action required Reword to match F2 and adjust compensation tables.
F4 Wording incomplete : 1 year of what? Income, NET profit? F4 does not specify whether temporary or permanent and combines both to be paid a compensation for 1 year.
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Worker/employees: Indemnity for lost wages for the period of business interruption. In cases where tax declaration reports are unavailable, then official minimum monthly salary multiplied to the number of months of actual stoppage of business.
for months of business stoppage; Permanent worker/employees: indemnity for lost wages equal to one time minimum subsistence allowance in cash for 3 months. Business income shall also cover all individual value-added activities beyond direct consumption/sale of agricultural produce (i.e. informal business activities at household level which are currently unaccounted for due to the lack of economic activity data for the affected populations). There will be a verification process during the LARP implementation to fully account for such activities.
In contrast, the F2 EM divides allowances in accordance to the duration of impact.
Agricultural workers losing their contract
Cash indemnity corresponding to their salary for the remaining part of the agricultural year, and where needed livelihood restoration measures
No corrective Action required
No similar sub-category in F2 EM
Additional Rehabilitation Measures
Technical assistance in legalization,
All PAPs with registered title/possessors of
Free of charge technical assistance to PAPs during legalization, sub-division of
No corrective Action required
This is covered in the F2 EM under
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
registration procedures
legalizable land parcels
project affected parcel, registration of corrections and/or sales transaction. Project related State taxes, official fees and transactions costs if not waived will be covered by the GoG.
the legalizable land registration process
Relocation/Shifting allowance
Transport and transitional livelihood allowances Transport/transit ion costs
All PAPs affected by relocation All AHs to be relocated
Will equal allowance for 3 months of consumer basket for family of five members, plus 200 Gel for transportation.
An allowance covering transport and livelihood expenses for the transitional period. (200 GEL as vehicle hire charge + minimum subsistence allowance x 3 months.
No corrective action required.
Community Resources
Access shall be maintained or reinstated; Rehabilitation/substitution of the affected structures/utilities (i.e. bridges, roads, schools, health-centers, potable water supply systems, irrigation channels, etc.)
No corrective action required.
Vulnerable PAPs Vulnerable People Allowances
PAPs below poverty line; disabled people; pensioners; widows; Female headed household; impoverished; IDPs; Refugees Particularly disadvantaged Households who might
Allowance equivalent to 3 months of minimum subsistence income** and employment priority in project-related jobs.
One time minimum subsistence allowance in cash for 3 months and employment priority in project related jobs where feasible. Additional assistance in kind will be provided to facilitate relocation or transition – this may include logistics, relocation planning,
Corrective action required 3 categories: elderly
households with no means of support; household
s without
F2 more inclusive
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
suffer disproportionately or face the risk of being marginalized from the effects of land acquisition and resettlement. These are; (i) female-headed households with and/or without dependents; (ii) disabled household heads; (iii) poor households as defined by the official poverty line; (iv) elderly households with no means of support; (v) households without security of tenure; (vi) cultural or ethnic minorities; and (vii) refugees or internally displaced people.
assistance with replacement
security of tenure; cultural or
ethnic
minorities are left out from the F4 EM and need to be included
Severely Affected Severe Impacts
>10% income loss
Aps who will lose more than 20% of land plot. All severely affected AHs
Severely AH will receive an allowance equivalent to 3 months minimum subsistence for a family of 5 person
Agricultural income: 1 additional crop compensation for 1 year’s yield of affected land or, for other
Corrective action required
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
Including informal settlers
incomes: an allowance covering 3 months of minimum subsistence.
Threshold for severe impacts needs to be decreased from 20% to 10%.
Temporary impact Unforeseen impacts during construction, including temporary impacts and impacts on livelihoods not otherwise assessed.
Loss of access to land parcel Impacts during construction to properties or assets out of the corridor of impact or RoW
Owners/Users All APs
Temporary access will be set up by Construction Company. In cases of temporary loss of access to land parcel results in loss to crops, the construction company will be compensate APs. All losses and amount of due compensation shall be determined according to the principles of compensation entitlements provided under the RPF and LARP.
Due compensation to be assessed and paid when the impacts are identified based on the above provisions and on the requirements of SPS 2009.
No Corrective Action required
Avoidance of interruption of temporary access road to the business activity
Business units
Temporary access will be set up by Construction Company.
No corrective action required
No such sub category in F2 EM
Temporary loss of income caused by occupying land parcels for the
Owners/users During camps' site selection process, Construction Company should coordinate with relevant state agencies and give priority to vacant lands not used for
No corrective Action required
Type of Loss Application Definition of
AH/APs Compensation
Entitlements F 4 Compensation
Entitlements F 2 Corrective
Action NOTE
camps and quarries
agricultural /residential purposes. In case the land parcels selected for camps and quarries will have private land-users, all losses and amount of due, compensation shall be determined according to the principles of compensation entitlements provided under the RPF and LARP.
Any other unforeseen Impacts
As required Any Road Department and the construction contractor will address and mitigate/compensate unforeseen resettlement impact during project.
No corrective Action required
5 CORRECTIVE ACTIONS PROPOSED
Compensation
20. Compensation, over and above that provided for in the JICA approved LARP, is
determined to be payable in the following areas:
Compensation for Land
21. The JICA approved LARP, in Table 2-7 indicates one AH in the category of “State Owned
Illegally used by Private Users (Non-legalizable).” In accordance with the revised entitlement
matrix, this AP will be eligible for one year of minimum subsistence allowance, equal to GEL 4184
Compensation for Loss of Business and other Incomes
22. The JICA approved LARP determined compensation for loss of business and other
incomes payable in accordance with the following tables:
Table 9-3 Businesses (original)
N Income with tax
declaration Employs (With tax declaration)
Employs (Without tax declaration)
Income Compensation
Salary Compensation
1 119204 3 0 119204 6000
2 624 0 14 624 0
3 1300 0 0 1300 0
4 700 0 0 700 0
5 -71 0 6 4184.4 0
6 2445 4 0 2445 10500
7 3759 0 5 3759 0
8 8156 0 0 8156 0
9 3767 0 0 3767 0
10 -1783 3 4 4184.4 4800
11 - 0 0 4184.4 0
12 - 0 1 4184.4 0
13 - 0 1 4184.4 0
10 31 160877 21300
23. Based on additional compensation deemed payable, the tables are updated as follows:
Table 9-3 Businesses (revised)
N Income with tax
declaration Employs (With tax declaration)
Employs (Without tax declaration)
Income Compensation
Salary Compensation
1 119204 3 0 119204 6000
2 624 0 14 624 58716
3 1300 0 0 1300 0
4 700 0 0 700 0
5 0 6 4184.4 25164
6 2445 4 0 2445 10500
7 3759 0 5 3759 20,900
8 8156 0 0 8156 0
9 3767 0 0 3767 0
10 - 3 4 4184.4 21576
11 - 0 0 4184.4 0
12 - 0 1 4184.4 4184.4
13 - 0 1 4184.4 4184.4
10 31 160877 151224
Resettlement Assistance
24. The JICA approved LARP determined compensation for resettlement assistance in
accordance with the following table:
Table 9-8 Resettlement Assistance (original)
Assistance Unit price (Gel) Number Total compensation
Severe affected households 1,046 379 396,434
Socially vulnerable families 1,046 36 37,656
Relocation/Shifting 1,246 21 26,166
Total 460,256
25. Based on additional compensation deemed payable, the tables are updated as follows:
Table 9-8 Resettlement Assistance (revised)
Assistance Unit price (Gel) Number Total compensation
Severe affected households 1,046 426 455,596
Socially vulnerable families 1,046 36 37,656
Relocation/Shifting 1,246 21 26,166
Total 519,418
26. In addition, the numbers of households deemed vulnerable shall be updated during CAP
implementation to take into account the broadened definition as provided in the revised
entitlement matrix and the total compensation amount increased accordingly for the respective
allowance.
6 CONSULTATIONS
27. According to the approved LARP, two (2) LARP Pubic Disclosure meetings were
conducted in Zestaphoni city; one on 20.12.2017 attended by 27 persons and another for 48
attendees on 24.01.2017.
28. In addition, individual consultations were held with the owners of the residential houses,
business owners and some vendors. Consultant’s team contacted and had consultations with
stakeholders who didn’t attend on first Public Consultation. During the consultations, Stakeholders
was given Information leaflets and Information about project impact.
29. Individual consultation meetings were held on 25th and 26th of January by representatives
of Gamma Consulting. Questions from stakeholders as asked during the consultations are given
below, as well as photos taken at the meetings. For APs who didn’t attended the Public
Consultation meeting and were not visited individually because of their absence at location,
information leaflets and contact information were left for them at the Zestaphoni City Hall Building.
30. Although the compensation procedures and approaches for determination compensation
amounts for affected assets, such as land, annual crops and fruit bearing perennials were briefly
described, no compensation rates were voiced to have the feedback of PAPs. The limited
information the PAPs were provided was that Independent auditors were “fixing the land market
price” by then based on relevant research of land market and valuation of project affected land
plots.
31. The opportunity to explain the approach used for determinations market value of land was
not described and explained in informal language that would allow PAPs to ask more questions
at that phase and share their opinion and comments instead of later complaints during LARP
implementation with already approved unit rates.
32. Additional public consultations will be conducted to cover all villages where the reside the
AHs eligible to severe impact compensation in compliance with ADB SPS 2009 and findings of
corrective action. These consultations will be held immediately after the substantial completion of
the implementation of the current JICA approved LARP.
33. The information on the date, time and location of the venue for Public Consultations will
be widely disseminated through the LARP Consultant and RD regional office staff.
34. To ensure high attendance all AHs who in compliance with ADB SPS 2009 became eligible
to onetime allowance for severe impact will be individually invited through telephone calls.
35. In order to avoid any misunderstanding among the rest of the PAPs the organizers of
public consultation meetings will ensure the attendance of other PAPs who already received
compensation and are not eligible to extra payment.
36. The purpose of this initiative is to ensure that local people are well informed on the reason
and fairness of this change and feel kept involved in LARP implementation process.
37. This approach will prevent uncertainly or wrong expectation of other PAPs who have
already receive full compensation according to the approved LARP.
38. The revised Public Information Booklets will be handed over to all attendees. Extra hard
copies will be available at the RD regional center and local government office.
Village/town Location of Public
Consultations
Zsetaphoni Meeting hall in c.
Zestaphoni
Gamgeoba Building
Argveta
Qveda Sakara
Shorapani Building of Pubic
Center in v.
Shorapani Puti
Ilemi