Internal Monitoring Report on the Land Acquisition and … · 2014. 9. 29. · Kazakhstan. The...

Internal Monitoring Report on the Land Acquisition and Resettlement Plan

December 2012

KAZ: CAREC Transport Corridor 1 (Zhambyl Oblast

Section) Investment Program-Tranche 4

Prepared by Committee of Roads of Ministry of Transport and Communications for the Republic

of Kazakhstan and the Asian Development Bank.

CONSTRUCTION SUPERVISION CONSULTANT (CSP-7)

Joint Venture

INTERNAL MONITORING REPORT

Contract L2735-KAZ: MFF CAREC

Transport Corridor I Investment Programme,

Project 4 (Aspara – Blagoveshenka)

DECEMBER 2012

LARP Internal Monitoring Report :Project 4 Contract L2735

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TABLE OF CONTENTS List of Abbreviations

Glossary & Terms

Chapter 1 INTRODUCTION

1.1 General

1.2 Project Background

1.3 Project Location & Activities

1.4 Geographic Features of Project Area

1.5 Objective and Coverage of the Monitoring Report

1.6 Methodology Followed for Monitoring

Chapter 2 OVERVIEW OF THE LARP

2.1 Impact of land Acquisition for Project-4

2.2 Policy on Land Acquisition

2.3 Land Acquisition Process

.4 Budget Financing

Chapter 3 LAND ACQUISITION AND COMPENSATION PAYMENT STATUS

3.1 Fulfillment of LARP conditionality

3.2 Delivery of Current Compensation payment Status

3.2.1 Privately Owned Land

3.2.2 Leased ands

3.2.3. Labor Maintenance

3.2.5 Compensation related to Land Development and Obligations to Third Parties Additional 3.2.6 Additional Compensation for Severely affected Households

3.2.6 Additional Compensation for Severely affected

Households

3.2.7 Compensation for affected structures

3.2.8 Compensation for business losses

3.2.9 Vulnerable Households

3.2.10 Temporary Land Acquisition and Compensation Status

Chapter 4 MONITORING OF LABOR’S & EMPLOYEE’S ISSUES ENGAGED FOR THE PROJECT WORKS

4.1 General

4.2 Monitoring Process

4.3 Key Findings of the Monitoring

Chapter 5 CONSULTATION AND FEEDBACK

5.1. Consultation Process

5.2 Major Findings of Social Issues & Concern of APs & Local People

Chapter-6 CONCLUSION


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ABBREVIATIONS

ADB Asian Development Bank AP Affected Person CAREC Central Asia Regional Economic Cooperation CoR Committee of Roads CSC Construction Supervision Consultant EA Executing Agency EMA External Monitoring Agency GosNPTsZem Land State Scientific and Production Center for Land Management ha Hectare hh Household IDB Islamic Development Bank IFIs International Financial Institutions KCC KECC LAR

Korean Construction Company Korean Engineering Consultants Corporation Land Acquisition and Resettlement

LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LE Legal entity MFF Multi-tranche Financing Facility MOTC Ministry of Transport and Communication PMC-ADB Project Management Consultants-ADB RD Roads Department RK Republic of Kazakhstan ROW Right of Way SPS Safeguard Policy Statement TPV Third Party Validation TSA Targeted Social Assistance


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GLOSSARY & TERMS

Affected Person People, households, or legal entities affected by project related changes in use of land, water, natural resources, or income losses.

Compensation Payment in cash or kind to which the affected people are entitled in order to replace the lost asset, resource or income.

Cut-off-date 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.

Encroachers 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 or persons who have trespassed onto government land, adjacent to his/her own land or asset, to which he/she is not entitled, by deriving his/her livelihood there. Such act is called “Encroachment.”

Entitlement Entitlement means the range of measures comprising compensation in cash or kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base.

Household Household means all persons living and eating together as a single-family unit and eating from the same kitchen whether or not related to each other. The census used this definition and the data generated by the census forms the basis for identifying the household unit.

Income restoration Income restoration means re-establishing income sources and livelihoods of APs.

Involuntary Resettlement

Any resettlement, which does not involve willingness of the persons being adversely affected, but is forced through an instrument of law.

Land acquisition Land acquisition means the process whereby a person is compelled by a public agency to transfer all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation.

Rehabilitation Assistance provided to affected persons to supplement their income losses in order to improve, or at least achieve full restoration of, their pre-project living standards and quality of life.

Legal Entity Legally registered enterprise established by two or several individuals or companies vested with its separate property, rights and liability such as a limited liability partnership (LLP), and joint stock company (JSC). It also includes former Soviet collective farms that were privatized into collective enterprises,


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and production cooperatives.

Vulnerable household

Household that might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically a household living below the poverty line (with per capita income of KZT 6,399.6 per month)

CHAPTER-1:

INTRODUCTION

1.1 General

1. The tranche-4 project is one among the Multi-tranche Financing Facility (MFF) projects

of Asian Development Bank (ADB) for the CAREC Transport Corridor I (Zhambyl Oblast

Section) [Western Europe–Western People's Republic of China International Transit Corridor]

Investment Program. The project is under implementation by the Committee of Roads (CoR) of

the Ministry of Transport and Communications (MOTC) within Zhambyl Oblast of the Republic of

Kazakhstan. The Project is upgradding about 49 km road on the Almaty-Taraz highway from

Aspara to Blagoveshchenka (Km 261.5 – Km 310.5) from technical Category-II into a

Category-IB paved road. Project 4 of the CAREC Transport Corridor I within Kazakhstan

territory will contribute to sustainable economic growth by stimulating transit traffic, promoting

trade, and strengthening regional cooperation. The project also is expecting to provide efficient

transport network facilities in Zhambyl Oblast in particular and within the country in general.

The primary output is to up gradation of a 49 km road from category-II to category-IB between

km 261.5 and km 310.5 section from existing two-lane to four lanes of Category IB within the

existing right-of-way.

2. A Land Acquisition and Resettlement Plan (LARP) for the Affected People (AP) due to

development interventions for this road section were originally prepared during detail design in

2009 and afterwards, it was updated in 2011 because of certain changes in design. This LARP

is now under implementation by the Zhambyl Oblast CoR. However, as per requirement of

ADB, an internal Monitoring for this Land Acquisition and Resettlement Plan (LARP)

implementation is mandatory. Accordingly, the LARP implementation has been monitored and

a draft(interim) internal LARP monitoring report has been prepared in December, 2012 for this

project-4 by the Social Development Specialists (international & National) of the Construction

Supervision Consultant (Kocks Consult GMbH). This monitoring report has been prepared

based on the issues and actions defined in the final LARP that was prepared and issued in

August 2011 by the Committee of Roads (CoR) of the Ministry of Transport and Communications

(MOTC) in compliance with the Land Acquisition and Resettlement Framework (LARF) agreed

between the Government of Kazakhstan and ADB and relevant Kazakhstan laws.


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1.2 Project Background

3. The Asian Development Bank (ADB) has agreed to provide the Kazakhstan Government

up to $700 million within several ‘Tranches’ (meaning the value and other financial aspects) or

‘Projects’ (meaning the technical/physical outputs from each tranche) for implementing ‘Republic of

Kazakhstan: Asian Development Bank (ADB) Multi-tranche Financing Facility (MFF) for the

CAREC Transport Corridor I (Zhambyl Oblast Section) [Western Europe–Western People's

Republic of China International Transit Corridor] Investment Program. The Program involves

the rehabilitation, upgrading/improvement and new construction of several roads along the

Western Europe-Western China Transit Corridor and financing divided in several tranches. Under

this program, Poject-4 covers the rehabilitation and upgrading of Km 261.5 – Km 310.5 (Aspara

to Blagoveshchenka) involves replacement of the existing two-lane road by a four-lane road of

category I-B standard.

4. Civil Construction Contracts for the work have been awarded to KCC and work was

commenced in May 2012 with completion expected by April 2014. Kocks Consult GMbH in

association with Quality Planning, Uzbekistan, KECC, Korea, Almaty Joba employed by MOTC

as Construction Supervision Consultant (CSC) and mobilized in July 2012. The construction

contract with KCC was signed in February 2012 between the Employer and the Contractor and

official commencement date for construction determined to be 22nd May 2012. However the

contract between the Consultant and Employer was signed only on the 25th June 2012 and the

commencement date for the Consultancy Services was 22nd July 2012. Nevertheless, the

Consultant, Kocks Consult GMbH with partner firms, started mobilization to the site from the

beginning of July 2012. In the meantime some works had been carried out already by the

Contractor as early as February 2012 for Aspara to Blagoveshchenka Road Project. Prior to

the mobilization of the Consultant the Employer was supervising the works at site. It may be

mentioned here that as per ADB policy, full implementation of the compensation program

described in the LARP including full delivery of compensation is a requirement for the initiation

of civil works.

1.3 Project Location & Activities 5. This ‘Tranche/Project-4’ covers road reconstruction/construction activities that are being

carriedout in the road section between Km 261.5-310.5 (Km 260-305 of the existing road

stationing) of the Almaty-Taraz highway. It commences approximately 1km west of the

“Blagoveshenka-Korday Road”,(from the end of Lot 2 of Tranche/Project 2), and connects to

the end of Lot 1 of Tranche/Project 2 at Km 305/310, approximately 50 kms from Merke Town.

The road section is located covering the Shu and Merke rayons of Zhambyl region.


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6. Construction works on the section Km 261.5-310.5 involves replacement of the existing

two-lane road by a four-lane road of category I-B standard. The route runs for 30 km along the

existing road and 17.9 km in a new direction to bypass the two salients of territory of the Kyrgyz

Republic in two places. This required an expansion of the existing 40-m ROW to 70m where

the road will pass through the existing road and land allotment width of 70m where the road

runs on new alignment. Two cattle underpasses of 4 x 2.5 m size for safe passage of cattle

under the roadway has been built on the section Km 266 and Km 306 and one more cattle

pass along with the provision of carry agriculture equipment and crops are planning to

construct in an around Shu Bridge in compliance to the local demand. The project road is

shown in the figure below:

Figure 1: Location of the Project Road

7. All these road construction and improvement works required considerable amount of

permanent land acquisition and resettlement before construction. There were some other

temporary effects particularly in connection to land acquisition during construction period

which were mitigated/taken care by the contractors.

1.4 Geographic Features of Project Area 8. The road traverses vegetated drainage channels that flow intermittently during

infrequent periods of heavy rainfall (isolated storms). There are no permanent flowing streams


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on this road section. The existing road corridor has an occasional tree lined shelter belt on

either side of the road (of various degrees of thickness) that provides a wind break and snow

barrier for the road. In many cases these are the only trees available as most land has been

cleared for cropping or by nature is only grassed. Most of the road is bordered by flat / slightly

undulating ground that has light to moderate grass cover or cropped land. The road passes

mostly over the arable lands along some small villages where widening of the corridor

impacted on local persons arable lands only.

9. The land relief along the project road can be generally described as slightly inclined

alluvial-proluvial flatland with some areas of rigidly undulating and with rigid-valley formed by

loess and silty-clay soil. The reconstructed alignment crosses the Shu River delta. Within this

region a number of Shu River tributaries are crossed necessitating waterway infrastructures

such as bridges and culverts. Natural vegetation follows the floodplain of the Shu River

tributaries and mostly consists of feather grass, fescue, anabases salsa, rare ephemera, black

saxaul and willow. The fauna is represented by wild rams, roe, hare, pheasants and partridges.

10. The local climate is abrupt continental dry, with hot summer and moderately to very cold

winter. Spring seasons is short and warm with frost still occurring in late months of May, while

the autumn is dry and warm. Frost free conditions lasts to around 5-6 months within a normal

year.

11. Shu region has population of around 93,000 with Shu as the center. Merke region has

population of around 71,900 concentrated mainly in Merke. It is anticipated that the road

improvement project will enhance transport of fish, farm products and livestock in these regions

and facilitate the delivery of cargoes to these centers with a considerable improvement in

socioeconomic condition of the people of this region through increasing income and

employment.

1.5 Objective and Coverage of the Monitoring Report 12. The major objective of this internal monitoring report is to analyze the implementation

status and completion of the Land Acquisition and Resettlement Plan (LARP) implementation

for this road section. The objectives of the internal monitoring report are to:

a. verify status of resettlement implemention for the project that complies with

the approved framework and resettlement plan:

b. verify status of up dated compensation payment to APs;

c. verify implication of grievance redress mechanism to solve AP’s grievances &

status of grievances received from the APs/local people so far and

d. verify that APs have been able to at least restore their livelihood and living


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standards.

13. The present report reflects current situation with land acquisition and related issues, as

well as opinions of APs, whose interests and rights have been affected in this process. Moreover,

the report summarizes and describes the current status of the Permanent Land Acquisition

process including completed issues, payment status, outstanding issues and feedback from the

APs.

14. However, temporary Land Acquisition required for the construction purposes e.g. for

establishment of site offices, stockyards & wire houses for storing construction materials &

equipments though has been managed through the Civil Construction Contracts with

compensation being paid at current commercial rates for the period that temporary acquisition

of the land is required. This issue also has been monitored under the current program.

1.6 Methodology Followed under Monitoring Program 15. At this stage of project implementation, monitoring has been conducted in the months

of November & December 2012 by the Social Development Specialists (International & local)

of the construction supervision consultant Kocks Consult GMbH & Associates with assistance

from the Zhambyl Oblast Road Department, Contractors and Project Management Consultant

(PMC).

16. The monitoring has been conducted through holding consultations/meetings with the

concerned officials of Road Department, Rayon Akimats, Contractor (KCC), contractors &

sub contractors, road side villages/ community people and interviews of the APs. The

monitoring was conducted based on Land Acquisition and Resettlement Plan and collecting

information on compensation paid to APs so far by the Zhambyl Obast Department of CoR,

MOTC, and feed back/data through consultations and interviews with the affected & beneficiary

people of the community and other stake holders of the project. Moreover, monitoring also

covered different social concern, e.g. opinions, grievances.

17. The following procedures have been followed during monitoring of resettlement plan implementation:

Analyzing LARP, procedures of entitlement, compensation payments processes, and agreed ADB’s Social safeguard & Resettlement Policy and LARF;

Collecting up to date records of data/information on compensation payment to APs against their entitlement by types of compensation for each individual APs from CoR;

Conducting consultation/meetings with different stakeholders of the project including project affected & project beneficiaries and contractors staffs/workers employed for road construction works;

Conducting monitoring of temporary land acquisition procedures and terms & conditions; Conducting consultations and interviews/surveys with the APs to assess their level of

satisfaction with type and amount of compensations;


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Assessing APs current living standard and socioeconomic condition compared to pre-project level.

CHAPTER-2.:

OVERVIEW OF THE LARP

2.1 Impact of land Acquisition for the Road Section km. 261.5-310.5 18. The current LARP was updated and finalized in August 2011, where a total of 320

numbers of populations found affected associated with 54 households. In addition to 54

affected households, 4 legal entities with their land plots and one legal entity with privately

owned commercial land also were identified as affected parties. With respect to permanent

land acquisition, the survey identified 174 hectares of land required permanent acquisition. In

sum the total road development for this section has caused permanent acquisition of 174

hectares of land affecting 54 households, and 5 legal entities that experienced various losses

due to the project. Summary of the land acquisition impacts for this road section furnished in

Table-2.1 below.

Table-2.1: Number of Affected Households / Entities for the road section Km 261.5 to 310.5 as of LARP, August 2011

Land category Land to be acquired

permanently (in hectares)

Number of Affected

Households/LE

Total population

A. Affected Households

Arable land 125.66 54 h/h 320

Commercial land 0 0

Residential land 0 0

Sub total A 125.66 54 h/h 320

B. Legal Entities

Arable land 48.21 4 LE -

Commercial land 0.13 1 LE - Sub total B 48.34 5 LE -

Total (A and B) 174 59 320

Table-2.2 : Affected land by type of ownership/tenure status of affected households/ legal entities (km 261.5-310.5 ) as of LARP, August 2011)

Land category Land to be acquired

permanently (in hectares)

Ownership/Tenurial Status

Number of Affected

Households/LE

A. Affected

Households

Arable land 125.66 Short & long term lease

54


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Commercial land 0 0

Residential land 0 0 Sub total A 125.66 54 h/h

B. Legal Entities

Arable land 48.21 Short & long term lease

4

Commercial land 0.13 Privately owned

1

Sub total B 48.34 5 LE

Total (A and B) 174 59

2.2 Policy on Land Acquisition

19. The Government of Kazakhstan and ADB has agreed the following Land Acquisition &

Resettlement Compensation Framework that is to be applied for the Affected Persons (AP’s).

The framework combines Kazakhstan legal requirement and the ADB Policy on resettlement

and land acquisition to ensure that AP’s are properly compensated for losses they incur as a

result of the project. The compensation entitlement matrix for the project stated in table-2.3

below.

Table-2.3: Compensation Entitlements of AP’s under LARP Framework

Asset Specifications AP Compensation Entitlements

Permanent Loss

Arable Land

All Land Losses irrespective of severity of impact

Owners: None

Cash compensation at replacement cost (without deduction of depreciation, taxes and other transaction costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible.

Leaseholders of state land ( short term / long term): 54 Households 3 Legal Entities

Cash compensation1 for recovery of leased

government land, or, renewed lease in an alternative plot

Severe Impact—>more than 10% of income/productive land lost

Owners, leaseholders of State land: 1 Households of long term leased land

Additional cash compensation equal to market value of one year crop harvest (based on a 3-year average) and agricultural subsidies for 2 crop-years

Commer-cial Lands

Owners : 1 Legal Entity

Cash compensation at replacement cost (without deduction of depreciation, taxes and other transaction costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible.

Squatters (if any): None

Leased plot on State land;

Self-relocation cash allowance option;.

Buildings and Structures

Owners of permanent structures: 1 Legal Entity

Compensation of full market value (without deduction of depreciation, taxes and other transaction costs) or, at the owner option, house for house swap

Crops Crops affected All APs including squatters :

Crop compensation in cash at full market rate for 1 year crop harvest (based on a 3-year average)

1 Based on the base payment rates provided for under Resolution 890 (revised 7 November 2008)


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Asset Specifications AP Compensation Entitlements

54 Households 3 Legal Entities

Business and employ ment

Temporary or permanent business/ employment loss

All APs including squatters and workers of alienable enterprises : 141 labor

Owner of shops/commercial establishments: if permanent loss, cash compensation equal to one year income (lost profits); if temporary, cash compensation for the period of income loss taking into account the compensation to workers for lost job (forced interruption) due to complete or temporary business cancellation – amounting up to 3-months average wages

Owner of peasant farm: allowance for labor maintenance

Resettle ment

Transport and transitional livelihood costs

All resettled APs : 1 Legal Entity:

Allowance sufficient to cover transport expenses and livelihood expenses for one month due to relocation.

Vulnerable house holds

hhs below the poverty line: None

Cash assistance.

Priority in local employment for members of vulnerable household.

Temporary Loss

Lands for construct ion sites and burrow pits

Owners (private or public): Private: Government:

Cash compensation at local commercial rental rates for duration of use;

Land restored to original status at the end of rental.

2.3 Land Acquisition Process

20. The MOTC has established a special Unit is the Zhambyl Oblast Department (Taraz) to

handle and manage land acquisition issues. Valuation of affected lands (including

supplementary valuation for leased lands as per Kazakhstan Government’s regulation 890) &

properties for this tranche-4 were done by a licensed valuator commissioned by the Design

Firm, on the basis of legend of affected lands, developed by Zhambyl Department of “Land

State Scientific and Production Center for Land Management” – subsidiary of State Enterprise

of “Land State Scientific and Production Center for Land Management”.

……….

2.4 Budget Financing 21. The Committee of Roads (CoR) is responsible to manage and provide funds for all land

acquisition costs associated with the implementation of the LARP. A tentative budget regarding

compensation cost of the DPs included in the LARP which is outlined below. This

compensation cost has been calculated based on the official valuation reports of the Zhambyl

Oblast Road department conducted by the licensed evaluators engaged by the Department of

Roads. The total cost was estimated KZT 26,230,611.00 for all LARP implementation activities

including contingency cost (see table 2.4).


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Table-2.4: Land acquisition and resettlement budget

Particulars/Items Number of HHs & Les

Quantity Estimated Budget (KZT)

1 Compensation for land

a. privately owned b. leased

1 LE 54 HHs and 4 LEs

0.13 ha. 173.87 ha.

14,125,500.00 1,828,075.00

2 Compensation for crops and perennials

54 HHs and 4 LEs 173.87 ha. 2,345,900.00

3 Compensation for structures

1 LE 67.9 sqm 759,630.00

4 Severe impact cash allowance (losing more than 10% of total productive agricultural land)

1 HH

3.72 ha. 35,786.00

5 Agricultural subsidies and micro credit for livelihood restoration for severely affected DPs

1 HH

3.72 ha 211,000.00

6 One-time cash allowance for labor maintenance

26 HH+ 3 LEs that employ agriculture

workers

141 290,119.00

7 Compensation for early credit payment

0 0 0

8 Compensation for plot development expenses

0 0 0

9 Compensation for potential business profit losses

0 0 0

10 Vulnerable Persons 0

11 LAR Administration/ Implementation including internal monitoring by CR/PMC

3,500,000.00

12 External Monitoring 750,000.00

13 Total 23,846,010.00

14 Contingencies (10%) 2,384,601.00

15 Total + Contingencies 26,230,611.00


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CHAPTER-3:

LAND ACQUISITION AND COMPENSATION PAYMENT STATUS 3.1 Fulfillment of LARP conditionality 22. Fulfillment of LARP conditionality status is as follows:

a) The LARP was approved by MOTC and ADB in the last quarter of 2011 and posted in

ADB & MOTC website.

b) Full disclosure of the LARP to the public in local language has been made.

c) Full implementation of the compensation program described in the LARP including full

delivery of compensations not yet completed and expected to be completed in 2013.

3.2 Delivery of Current Compensation Status 23. The current status of compensation payment for all types of losses due to land

acquisition has been stated below under different subsections separately for each type of

losses as per information and data provided by the road department. However, the

compensation payment status for the temporary land acquisition has been furnished following

the information and data provided by the KCC the contractor for this project-4.

3.2.1 Privately Owned Land

24. As per LARP, privately owned land shall be compensated cash based compensation at

replacement cost (without deduction of depreciation, taxes and other transaction costs) or

through replacement land equal in value/productivity to the plot lost and at location acceptable

to DPs where feasible. Only one legal entity affected with 013 hectare of privately owned land

and has already been paid his due compensation for the acquired land amounting KZT.

14,125,500.00.

Table-3.1: Compensation Status of the privately Owned Land

Name of AP Land area

acquired

Compensation

Amount payable

Status of

payment

Remarks

Ind,Entr, Gochiyayev Nazbi (Arna Petroleum)

0.13 Hectare 14,125,500.00 Paid

3.2.2 Current Compensation Status of Acquired Leased Lands 25. Land leased by 54 households and 4 legal entities for agriculture purposes were valued

in terms of their one year net income from harvest (based on 3 year average). Accordingly, the


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total leased value KZT. 1828,075 estimated for compensating the 54 lease holding households

and 4 legal entities.

The compensation amount estimated for the acquired leased lands furnished below for each

individual APs.

Table-3.2: Status of Compensation Payment for Leased Land.

Sl. No

Name of AP Cadastral # Acquired area (in ha)

Compensation amount estimated (KZT)

Compensation Amount paid (KZT)

If not, reason

1 H-d Duysekbayev Nugman

090-052 0.36 5,247.00

5,247.00

paid

090-051 0.16 2,696.00 2,696.00 paid 2 H-d Shalayev Asker 090-035 4.06 31,012.00 31,012.00 paid

090-033 1.06 8,904.00 8,904.00 paid

3 H-d Nurgozhayev Bolat

090-044 3.18 46,584.00

46,584.00 paid

090-042 0.64 11,372.00 11,372.00 paid

4 H-d Kazanatov Kentay

090-081 3.72 31,248.00

31,248.00 paid

5 H-d Myktybayev Nurtaza

090-128 4.97 48,731.00

48,731.00 paid

090-126 0.27 4,781.00 4,781.00 paid 090-127 0.08 1,417.00 1,417.00 paid

6 H-d Sadyrbayev Kenesbek

090-116 9.93 70,069.00

70,069.00 paid

090-041 1.35 8,581.00 8,581.00 paid

7 H-d Moldabayev Tulehan

090-049 0.55 4,620.00

4,620.00 paid

8 H-d Kusainova Uyat 090-103 0.37 6,453.00 6,453.00 paid 9 H-d Nurbekov Kanat 090-097 0.69 12,034.00 12,034.00 paid

10 H-d Abikeev Bahythan

090-106 0.24 4,204.00

4,204.00 paid

11 H-d Bozaybayev Ahmetzhan

090-091 0.43 7,540.00

7,540.00 paid

12 LLP "APK Balasagun"

090-119 0.96 16,863.00

16,863.00 paid

088-058 16.42 122,480.00 122,480.00 paid

13 H-d Itekeeva Zhumatan

090-070 1.09 20,405.00

20,405.00 paid

14 H-d Malibekov Kakimzhan

088-061 0.12 2,246.00

2,246.00 paid

15 H-d Agybayev Daulet

088-011 1.17 21,902.00

21,902.00 paid

16

H-d Izbasarov Ryskeldi 088-028 0.13

2,434.00 2,434.00

17 H-d Kokimov Samat 088-033 2.59 48,485.00 48,485.00 paid 088-034 0.18 1,161.00 1,161.00 paid

18 H-d Suleimankulov Bahytzhan

090-001 0.53 3,419.00

3,419.00 paid

088-066 0.56 2,710.00 2,710.00 paid 088-065 1.83 11,396.00 11,396.00 paid

19 H-d Sarsenbayev Baimahanbet

088-035 0.88 2,838.00

2,838.00 paid

088-032 2.38 35,643.00 35,643.00 paid


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20 H-d Olzhabayev Rysaldy

088-025 2.57 38,488.00

38,488.00 paid

21 H-d Boshanbekov Bagdat

088-136 3.73 28,846.00

28,846.00 paid

22 H-d Zhilkibayeva Kymbatkul

088-125 1.37 8,792.00

8,792.00 paid

23 H-d Kaliyev Amantay 088-103 15.97 98,554.00 98,554.00 paid

24 H-d Leongardt Vladimir

042-094 26.5 270,417.00

270,417.00 paid

25 LLP "Avtozhukkolik" 042-095 2.21 31,580.00 31,580.00 paid

26 LLP "Kazexim-Kenes"

069-047 5.22 57,165.00

57,165.00 paid

069-044 2.31 28,238.00 28,238.00 paid 069-052 1.8 23,643.00 23,643.00 paid 069-053 1.39 18,258.00 18,258.00 paid 069-054 0.46 6,042.00 6,042.00 paid 068-211 1.36 15,276.00 15,276.00 paid 068-210 0.75 12,519.00 12,519.00 paid 068-209 0.9 14,882.00 14,882.00 paid

27 H-d Kuttykadamov Eraly

069-021 3.6 13,507.00

13,507.00 paid

068-037 2.31 16,765.00 16,765.00 paid

28 H-d Sansybay Zautbek

069-061 1.19 8,930.00

20,269.00 Trial is in the

process

069-058 0.79 10,352.00

3,936.00 Trial is in the

process

069- 060 0.61 4,577.00

3, 840.00 Trial is in the

process

29 H-d Ryskulov Toktarbay

069-037 0.42 3,152.00

3,152.00

paid 30 H-d Nurlybekov Adil 069-031 0.47 3,527.00 3,527.00 paid 31 H-d Sydykov Manat 069-063 1.68 22,015.00 22,015.00 paid 068-282 0.23 1,669.00 1,669.00 paid

32 H-d Begasilov Zhumash

069-008 1.74 12,006.00

12,006.00 paid

33 H-d Yerketayeva Karlygash

069-067 0.26 3,407.00

3,407.00 paid

34 H-d Omiserikov Toktar

069-017 0.08 1,048.00

1,048.00 paid

35 H-d Toleushev Merkistan

069-006 0.14 1,835.00

1,835.00 paid

069-005 1.06 4,986.00 4,986.00 paid

36 H-d Kosayev Muratbek

069-016 1.82 11,446.00

11,446.00 paid

069-015 0.15 1,638.00 1,638.00 paid

37 H-d Zhaylaubayeva Maken

069-014 0.19 1,195.00

1,195.00 paid

38 H-d Kayralapov Alpysbay

069-013 0.77 4,842.00

4,842.00 paid

39 H-d Rahyshov Muhit 069-027 0.25 1,572.00 1,572.00 paid 068-098 0.18 1,966.00 1,966.00 paid 068-308 0.26 2,839.00 2,839.00 paid 40 H-d Imankulov Gani 069-010 1.76 11,068.00 11,068.00 paid 41 H-d Abirova Sara 069-050 0.42 2,898.00 2,898.00 paid

42 H-d Akimbayev Nurzhan

068-051 0.64 4,416.00

4,416.00 paid

43 H-d Auganbayev Zhumabek

068-189 0.38 4,150.00

4,150.00 paid

44 H-d Shanauiv Shunke

068-30 0.22 2,402.00

2,402.00 paid


16 of 40

45 H-d Barimbekov Nauryzhan

068-284 0.17 1,856.00

1,856.00 paid

46 H-d Tyulendiyeva Kumys

068-292 0.94 6,822.00

6,822.00 paid

068-291 0.92 6,677.00 6,677.00 paid

47 H-d Raiymhanov Sovet

068-237 0.21 1,524.00

1,524.00 paid

48 H-d Abdualiyev Askar

068-049 0.46 3,338.00

3,338.00 paid

49 H-d Ahauov Kuanyshbek

068-186 0.19 1,596.00

1,596.00 paid

50 H-d Shinasilov Amantay

068-010 0.83 6,972.00

6,972.00 paid

51 H-d Abdiyev Bolyshan

068-081 0.63 5,292.00

5,292.00 paid

52 H-d Alimshiyev Dihan

068-146 1.13 9,492.00

9,492.00 paid

53 H-d Ahmetzhanov Azimhan

068-074 0.54 4,536.00

4,536.00 paid

54 H-d Tayzhanov Seysenbay

068-115 0.98 6,399.00

6,399.00 paid

55 H-d Katekov Karakoyshy

068-273 1.19 9,996.00

9,996.00 paid

56 H-d Panabekov Alimhan

068-295 0.6 3,918.00

3,918.00 paid

57 H-d Ahmetov Serik 068-076 1.59 10,382.00 10,382.00 paid

58 LLP "Sypatay-Batyr" Shaihiyev K,

048-020 14.43 340,892.00

340,892,00 paid

Total 173.87 1,828,075.00

1,832,261.00 -

paid

3.2.3 Status of Compensation to Crop Loss for Leased Lands 26. Land leased by 54 households and 4 legal entities were cultivating different types of

crops on the leased land. So, they are also entitled to get crop compensation for crop loss in

cash at full market rate for 1 year crop harvest (based on a 3-year average) as stated in the

LARP. Accordingly, the total value of crop compensation has been estimated at KZT.

3,004,043.00 for compensating the 54 lease holding households and 4 legal entities. Up to

November 2012, 40 households and 4 legal entities received total compensation for crop loss

amounting KZT. 2908,486 which reveal that about 96.8% payment has been made out the total

crop compensation. However, 14 APs amounting total KZT. 65,464.00 did not receive their

compensation money. Out of the 14 APs, one of them was not satisfied with the compensation

amount offered by the CoR and he filed a case in the court for decision. Remaining 13 APs

surrendered their land to the state without compensation. Please see up-to-date payment

status of APs against their name for the crop loss below in table 3.3 below.


17 of 40

3004,043 2908,486

Table- 3.3: Crop Compensation for agricultural lands of the APs

Sl.

N

o

Name of AP Cadastral

#

Acquired

area (in

ha)

Crop loss

Compensation

amount estimate

for crop loss

(KZT)

Compensatio

n amount

paid (KZT) If not reason

1

H-d

Duysekbayev

Nugman

090-052 0.36 Hay 1,732.00 1,732.00 Paid

090-051 0.16 Wheat 3,542.00 3,542.00 Paid

2 H-d Shalayev

Asker 090-035 4.06 Hay 39,057.00 39,057.00 Paid

090-033 1.06 Hay 5,099.00 5,099.00 Paid

3

H-d

Nurgozhayev

Bolat

090-044 3.18 Hay 30,592.00 30,592.00 Paid

090-042 0.64 Wheat 14,168.00 14,168.00 Paid

4

H-d Kazanatov

Kentay 090-081 3.72 Hay 35,786.00 35,786.00 Paid

5

H-d

Myktybayev

Nurtaza

090-128 4.97 Hay 23,906.00 23,906.00 Paid

090-126 0.27 Hay 5,977.00 5,977.00 Paid

090-127 0.08 Wheat 1,771.00 1,771.00 Paid

6

H-d

Sadyrbayev

Kenesbek

090-116 9.93 Wheat/ha

y 67,343.00 67,343.00 Paid

090-041 1.35 Hay 6,494.00 6,494.00 Paid

7

H-d

Moldabayev

Tulehan

090-049 0.55 Hay 2,646.00

No

Land

surrendered to

state without

compensation

8

H-d Kusainova

Uyat 090-103 0.37 Wheat 8,191.00 8,191.00 Paid

9

H-d Nurbekov

Kanat 090-097 0.69 Wheat 15,275.00 15,275.00 Paid

10

H-d Abikeev

Bahythan 090-106 0.24 Wheat 5,313.00 5,313.00 Paid

11

H-d

Bozaybayev

Ahmetzhan

090-091 0.43 Wheat 9,519.00 9,519.00 Paid

12

LLP "APK

Balasagun" 090-119 0.96 Wheat 21,252.00 21,252.00 Paid

088-058 16.42 Hay 78,980.00 78,980.00 Paid

13

H-d Itekeeva

Zhumatan 090-070 1.09 Wheat 24,130.00 24,130.00 Paid

14

H-d Malibekov

Kakimzhan 088-061 0.12 Wheat 2,656.00

No

Land

surrendered to

state without

compensation

15

H-d Agybayev

Daulet 088-011 1.17 Wheat 25,901.00

No

Land

surrendered to

state without

compensation

16 H-d Izbasarov 088-028 0.13 Wheat 2,878.00 Land


18 of 40

Ryskeldi No surrendered to

state without

compensation

17

H-d Kokimov

Samat 088-033 2.59 Wheat 57,336.00 57,336.00 Paid

088-034 0.18 Hay 866.00 866.00 Paid

18

H-d

Suleimankulov

Bahytzhan

090-001 0.53 Hay 2,549.00 2,549.00 Paid

088-066 0.56 Hay 2,694.00 2,694.00 Paid

088-065 1.83 Hay 8,802.00 8,802.00 Paid

19

H-d

Sarsenbayev

Baimahanbet

088-035 0.88 Hay 4,233.00 4,233.00 Paid

088-032 2.38 Wheat 52,687.00 52,687.00 Paid

20

H-d

Olzhabayev

Rysaldy

088-025 2.57 Wheat 56,893.00 56,893.00 Paid

21

H-d

Boshanbekov

Bagdat

088-136 3.73 Hay 17,941.00 17,941.00 Paid

22

H-d

Zhilkibayeva

Kymbatkul

088-125 1.37 Hay 6,590.00 6,590.00 Paid

23

H-d Kaliyev

Amantay 088-103 15.97 Hay 76,816.00 76,816.00 Paid

24

H-d Leongardt

Vladimir 042-094 26.5

Wheat/ha

y 446,287.00 446,287.00 Paid

25

LLP

"Avtozhukkolik

"

042-095 2.21 Wheat 48,923.00 48,923.00 Paid

26 LLP "Kazexim-

Kenes" 069-047 5.22 Wheat 267,857.00 267,857.00 Paid

069-044 2.31 Wheat/ha

y 53,660.00 53,660.00 Paid

069-052 1.8 Wheat 92,364.00 92,364.00 Paid

069-053 1.39 Wheat 71,326.00 71,326.00 Paid

069-054 0.46 Wheat 23,604.00 23,604.00 Paid

068-211 1.36 Wheat 69,786.00 69,786.00 Paid

068-210 0.75 Wheat 38,485.00 38,485.00 Paid

068-209 0.9 Wheat 46,182.00 46,182.00 Paid

27

H-d

Kuttykadamov

Eraly

069-021 3.6 Hay 23,231.00 23,231.00 Paid

068-037 2.31 Hay 7,453.00 7,453.00 Paid

28 H-d Sansybay

Zautbek 069-061 1.19 Hay 3,840.00

No Waiting for

court decision 069-058 0.79 Wheat 20,269.00

069- 060 0.61 Hay 3,936.00

29 H-d Ryskulov

Toktarbay

069-037 0.42 Hay 1,355.00

No

Land

surrendered to

state without

compensation

30

H-d

Nurlybekov

Adil

069-031 0.47 Hay 1,516.00 1,516.00 Paid

31 H-d Sydykov

Manat 069-063 1.68 Wheat 86,207.00 86,207.00 Paid

068-282 0.23 Hay 742.00 742.00 Paid

32 H-d Begasilov

Zhumash 069-008 1.74 Wheat 39,413.00 39,413.00 Paid


19 of 40

33

H-d

Yerketayeva

Karlygash

069-067 0.26 Wheat 6,671.00 6,671.00 Paid

34 H-d

Omiserikov

Toktar

069-017 0.08 Barley 1,984.00

No

Land

surrendered to

state without

compensation

35 H-d Toleushev

Merkistan 069-006 0.14 Wheat 3,592.00 3,592.00 Paid

069-005 1.06 Hay 3,420.00 3,420.00 Paid

36 H-d Kosayev

Muratbek 069-016 1.82 Hay 5,872.00 5,872.00 Paid

069-015 0.15 Wheat 3,849.00 3,849.00 Paid

37 H-d

Zhaylaubayeva

Maken

069-014 0.19 Hay 613.00

No

Land

surrendered to

state without

compensation

38

H-d

Kayralapov

Alpysbay

069-013 0.77 Hay 2,484.00 2,484.00 Paid

39 H-d Rahyshov

Muhit 069-027 0.25 Hay 807.00 807.00 Paid

068-098 0.18 Wheat 4,618.00 4,618.00 Paid

068-308 0.26 Wheat 6,671.00 6,671.00 Paid

40 H-d Imankulov

Gani 069-010 1.76 Hay 5,679.00 5,679.00 Paid

41 H-d Abirova

Sara 069-050 0.42 Hay 9,274.00 9,274.00 Paid

42

H-d

Akimbayev

Nurzhan 068-051 0.64 Barley 19,089.00

No

Land

surrendered to

state without

compensation

43

H-d

Auganbayev

Zhumabek

068-189 0.38 Lucerne 10,171.00 10,171.00 Paid

44 H-d Shanauiv

Shunke 068-30 0.22 Wheat 5,644.00 5,644.00 Paid

45

H-d

Barimbekov

Nauryzhan

068-284 0.17 Perennial

grass 4,550.00 4,550.00 Paid

46

H-d

Tyulendiyeva

Kumys

068-292 0.94 Hay 3,033.00 3,033.00 Paid

068-291 0.92 Hay 2,968.00 2,968.00 Paid

47

H-d

Raiymhanov

Sovet 068-237 0.21 Hay 678.00

No

Land

surrendered to

state without

compensation

48

H-d

Abdualiyev

Askar

068-049 0.46 Hay 1,484.00

1,484.00 Paid

49

H-d Ahauov

Kuanyshbek 068-186 0.19 Hay 613.00

No

Land

surrendered to

state without

compensation

50 H-d Shinasilov

Amantay 068-010 0.83 Hay 2,678.00

2,678.00 Paid

51

H-d Abdiyev

Bolyshan 068-081 0.63 Hay 2,033.00

No

Land

surrendered to

state without

compensation


20 of 40

52

H-d

Alimshiyev

Dihan

068-146 1.13 Hay 3,646.00 3,646.00 Paid

53

H-d

Ahmetzhanov

Azimhan

068-074 0.54 Hay 1,742.00 1,742.00 Paid

54 H-d Tayzhanov

Seysenbay 068-115 0.98 Hay 3,162.00 3,162.00 Paid

55 H-d Katekov

Karakoyshy 068-273 1.19 Hay 3,840.00 3,840.00 Paid

56

H-d Panabekov

Alimhan 068-295 0.6 Hay 1,936.00

No

Land

surrendered to

state without

compensation

57

H-d Ahmetov

Serik 068-076 1.59 Hay 5,130.00

No

Land

surrendered to

state without

compensation

58

LLP

"Sypatay-

Batyr"

Shaihiyev K,

048-020 14.43 Wheat/ha

y 810,061.00

810,061.00 Paid

Total 173.87 3,004,043.00

2,908,486.00 Paid

3.2.4 Compensation Payment Status for Labor Maintenance 27. No workers of the affected households & legal entity’s were not actually lost their jobs

considering that the affected farms are only partially affected and would have likely simply

reassigned their workers to work on their remaining plot. In spite of the above, 26 households

and 3 legal entities also were entitled to receive KZT 534,039.00 as one time cash allowance

for labor maintenance. The actual amount KZT523,534.00 has been paid to 25 households

and 5 Legal entities till November 2012 completing 98% payment till November, 2012. Five

households did not receive their compensation, because they surrendered their land to the

state without compensation. The up-to-date payment status of compensation for Labor

Maintenance is shown in table 3.4 below for each individual AP.

Table -3.4: Labor Maintenance Allowance for loss of Agricultural Land.

Sl. No

Name of AP Cadastral #

Acquired area (in ha)

Number of labor

Compensation amount estimated (KZT)

Compensation amount paid

If not reason

1 H-d Duysekbayev Nugman

090-052 0.36 3 640.00 640.00 Paid

090-051 0.16 Paid

2 H-d Shalayev Asker

090-035 4.06 10 42,120.00 42,120.00 Paid

090-033 1.06 Paid

3 H-d Nurgozhayev Bolat

090-044 3.18 3 13,011.00 13,011.00 Paid


21 of 40

090-042 0.64 Paid

4 H-d Kazanatov Kentay

090-081 3.72 4 46,005.00 46,005.00 Paid

5 H-d Myktybayev Nurtaza

090-128 4.97 8 26,342.00 26,342.00 Paid

090-126 0.27 Paid

090-127 0.08 Paid

6 H-d Sadyrbayev Kenesbek

090-116 9.93 3 14,146.00 14,146.00 Paid

090-041 1.35 Paid

7

H-d Moldabayev Tulehan

090-049 0.55 3 2,024.00

No

Land surrendered to state without

compensation

8 H-d Kusainova Uyat

090-103 0.37 9 1,584.00 1,584.00 Paid

9 H-d Nurbekov Kanat

090-097 0.69 3 2,901.00 2,901.00 Paid

10 H-d Abikeev Bahythan

090-106 0.24 1 1,325.00 1,325.00 Paid

11 H-d Bozaybayev Ahmetzhan

090-091 0.43 5 2,763.00 2,763.00 Paid

12 LLP "APK Balasagun"

090-119 0.96 15 98,95.002 98,95.002 Paid

088-058 16.42 Paid

13 H-d Itekeeva Zhumatan

090-070 1.09 7 4,760.00 4,760.00 Paid

14

H-d Malibekov Kakimzhan

088-061 0.12 3 416.00

No


compensation

15

H-d Agybayev Daulet

088-011 1.17 3 3,139.00

No


compensation

16

H-d Izbasarov Ryskeldi

088-028 0.13 7 1,206.00

No


compensation

17 H-d Kokimov Samat

088-033 2.59 4 11,969.00 11,969.00 Paid

088-034 0.18 Paid

18

H-d Suleimankulov Bahytzhan

090-001 0.53 4 3,869.00 3,869.00 Paid

088-066 0.56 Paid

088-065 1.83 Paid

19

H-d Sarsenbayev Baimahanbet

088-035 0.88 4 9,713.00 9,713.00 Paid

088-032 2.38 Paid

20 H-d Olzhabayev Rysaldy

088-025 2.57 4 7,775.00 7,775.00 Paid

21

H-d Boshanbekov Bagdat

088-136 3.73 3 19,614.00 19,614.00 Paid

22 H-d Zhilkibayeva Kymbatkul

088-125 1.37 2 14,470.00 14,470.00 Paid

23 H-d Kaliyev Amantay

088-103 15.97 13 80,870.00 80,870.00 Paid

24 H-d Leongardt 042-094 26.5 4 40,789.00 40,789.00 Paid


22 of 40

Vladimir

25 LLP “Avtozhukkolik

042-095 2.21 11 47,696.00 47,696.00 paid

26 H-d Begasilov Zhumash

069-008 1.74 1 21,792.00 21,792.00 Paid

27 H-d Abirova Sara

069-050 0.42 1 5,972.00 5,972.00 Paid

28

H-d Akimbayev Nurzhan

068-051 0.64 1 3,720.00

No


compensation

29 H-d Auganbayev Zhumabek

068-189 0.38 1 3,040.00 3,040.00 Paid

30 LLP "Sypatay-Batyr" Shaihiyev K,

048-020 14.43 1

810,061.00

810,061.00 Paid

Total 173.87 141 534,039.00 523,534.00 Paid

3.2.5 Compensation for expenses related to Land Development and Obligations to

Third Parties.

26. None of the APs found such obligations and entitled to compensation related to land

development and obligation to third parties.

3.2.6 Additional Compensation for Severely affected Households

27. Only one household leasing agricultural land will be severely impacted as they will lose

more than 10% of his land. Therefore, he is entitled to additional severe-impact

allowance/compensation equivalent to one year net income based on a three year average.

Moreover, this AP is also entitled to additional assistance in terms of subsidies for seeds,

fertilizer and pesticides to improve the productivity of his remaining plot and assist him in

restoring his livelihood. In this connection, the AP did not pay these additional assistance in

terms of subsidies for seeds, fertilizer and pesticides as income restoration strategy of the

LARP. This assistance will be provided from the next year.

Table-3.5: Status of Additional Compensation for the Severely Affected Household

Name of AP Amount of severe impact allowance Payable (KZT)

Amount compensation paid/received status

Additional assistance (estimated amount as agriculture input)

Status of assistance

If not, reasons

Kazanatov Kentay

35786 211,000.00 No will be provided from the next year

3.2.7 Compensation for affected structures

28. Only one structure affected due to the project belongs to one legal entity Arna Petrolium

with a structure area of 67.9 sqm. & compensation valuated at KZT. 759,630. Compensation

for this affected structure already been paid to the AP.

Table-3.6: Compensation Status for the affected structure


23 of 40

Name of AP Area of structure

(in m2

Compensation

Amount payable

Status of

payment

Remarks

Ind,Entr, Gochiyayev Nazbi (Arna Petroleum)

67.9 759,630.00 Paid

3.2.8 Compensation for business losses

29. None of the household or legal entity found affected with business due to the road

project. One commercial structure of Arna Petroleum affected by the road project did not

actually operate its business before it was acquired.

3.2.9 Vulnerable Households 30. None of the affected hhouseholds under this road project have been confirmed as

vulnerable by the akimat.

3.2.10 Temporary Land Acquisition and Compensation Status 31. Temporary land acquisition has not been included in the LARP which is being managed

via the Construction Contracts with landowners being paid rental based on commercial rates

for the period of loss. During monitoring consultant also inquired about the temporary land

acquisition issues with the contractor. According to their official record, contractor acquired a

total 50.09 hectares of land from private household, private company and Government land.

Out of the total temporary acquired land, 18 hectares has been acquired from a private

company, 24.09 hectares from leased land of 6 private individuals households and 8 hectares

from the village administration’s reserved land. The compensation rate for the temporary lands

has been settled as per Kazakhstan government Decree considering the types of land. This

land rent has been settled in a joint meeting with participation of Land Committee Member of

rayon Akimat, Land Owners and the required agency (KCC).

Таким образом было заключено соглашение между землевладельцами и КСС в

Accordingly, agreement has been made between with the affected land owners and KCC

Paid 3 300 000 tenge for the land lease starting from 15.03.2012 up to 31.12.2014 and

compensation for the loss of agricultural land because of highway construction and

maintenance of labor camp to the amount of 5 032 800 tenge. With regards to

Government/Village Administration land, KCC need not to pay any rent but they are liable to

pay annual taxes required, if any for using the lands. The details of temporary land acquisition

stating the names of the owners/leaseholders of temporarily affected land, quantity of acquired

land, the duration of use, the agreed compensation and restoration measures, and the location,

size of the affected plots, compensation payment status etc. has been given below in Tables

3.7 & 3.8.


24 of 40

Table-3.7: Status on Temporary Land Acquisition from Individual & Legal Entities Sl No

Name of Household Head

Address of the household

Location of temporary land acquire & at chainage

Area acquired (in hectare)

Right to use land

For the period acquired

Total land rent three years (in KZT)

Terms & condition of acquisition

Compensation Payment Status

1 Private Company “Varshakidze”

At 0-56km. on Shu-Kordai Road

At 0-56km. on Shu-Kordai Road

18.00 Rent 3 years 300,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. In addition, KCC will agreed to provide/ construct service road and other facilities as required and agreed by the by the parties. Compensation money for three years paid

Compensation money for three years paid

2 Erketaev K Kenes Village Marke District

3.0 Rent 3 years 300,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid


3 Imankulov G Kenes Village Marke District



4 Cancizbaev C Kenes Village Marke District

4.0 Rent

3 years 200,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid


5 Shalaev A Orazaly Batyr Village

3.2 Rent 3 years 160,000.00 Use land on rental basis for a period three years

Compensation money for three


25 of 40

Shu District (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid

years paid

6 Kaliev A Akshu Village Shu District



7 Avtojukkalyk Shu town Shu District



Source: KCC

Table-3.8: Status on Temporary Land Acquisition from Government/Village Administration

Sl No

Land under Possession (Road department or Village Administration)

Location of temporary land acquisition & at chainage

Area acquired (in hectare)

For the period acquired

Acquisition cost of the acquired land

Terms & condition of acquisition

1 Kazahstan Kanes Village Marke District

6.0 3 years No cost required to pay being this is Government land

2 Orazaly Batyr Orazaly Batyr Village Shu District


JSC “Balasagyn” Orazaly Batyr Village Shu District


Source: KCC


26 of 40

CHAPTER-4:

Monitoring of Labors & Employee’s Issues Engaged for the Project Works

4.1 General

32. For the purpose of road construction and implementation of the project-4, the client

(MOTC) KCC has employed as the main consultant. Afterwards, KCC employed 8 local

companies as subcontractors under different sections of the road to carry out the construction

activities following the road design under overall supervision of the main contractor and CSC.

All these main and subcontractors employed required numbers of manpower from different

disciplines. Each subcontractor employed on an average about 50-60 staffs/workers, which

includes engineers, technical persons, labors and supporting staffs for the road construction.

33. However, under the current monitoring program, the consultant monitored the labor

issues in compliance to the Labor Code of the Government of the Republic of Kazakhstan

whether contractors & subcontractors are following the prevailing Labor code/regulation of the

Kazakhstan Government in conjunction with the TOR of the Consultant. The major principles of

the labor legislation of the Republic of Kazakhstan spelled out in Articale-4 of labor code are:

i. Inadmissibility of restrictions on human and civil rights in the sphere of labor;

ii. freedom of labor;

iii. prohibition of discrimination, forced labor and the worst forms of child labor;

iv. guaranteed right to working conditions meeting the safety and hygiene requirements;

v. priority of the life and health of the employee over the results of production activities;

vi. guaranteed right to a fair remuneration for labor not below the minimum wage;

vii. guaranteed right to rest;

viii. equality of the rights and opportunities of employees;

ix. guaranteed right of association of employees and of employers for the purpose of

protecting their rights and interests;

x. social partnership;

xi. state regulation of labor protection and labor safety; and xii. guaranteed right of employees’ representatives to exercise public control over

observance of the labour legislation of the Republic of Kazakhstan.

4.2 Monitoring Process

34. To monitor the labor issues, consultant followed the ToR & Kazakhstan Labor Code

with considerations of the Contractor’s compliance to core labor standards, labor laws,

applicable workplace, occupational safety, gender discrimination, use of child labor, freedom of

association, employment of local poor, disadvantaged people and project affected people etc.

35. To assess the implication of the labor code, the consultant monitored the above issues

through visiting the sites and holds consultations/meeting with the contractor and


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subcontractors and also holds discussions with the staffs & labors in a group and individually

using a checklist of issues and open discussions. These consultations/discussions were held

covering the major principles of the labor legislation of the Republic of Kazakhstan of labor

code and the TOR. Moreover, to assess the current status, consultant’s eye witness and

general observation of working environments including the living condition and other facilities of

the staffs/labors has been a useful mechanism for monitoring the issues.

4.3 Key findings of the Monitoring

36. During monitoring, consultation meetings were conducted with the contractors and

subcontractors and also with the labors/staffs employed in construction works through formal

and informal meetings in a group and individually. The consultative process aimed to obtain

required information feedback & advice from the participants i.e. Contactors & subcontractors,

labors/staffs engaged for the road construction to assess the actual scenario of the labor

issues and concerns. In sum, findings from the consultation meetings revealed generally

positive views among the workers/staffs engaged for the road construction with consideration

of getting employment, remuneration, working environment etc. However, many of the

staffs/labors are not aware about the labor code of the country. But they understand that they

might get fair salary for rendering services, minimum standard accommodation with dining and

other facilities for their living, treatment, occupational safety measure etc. Majority of the

participants reported that till now they are working in a good environment with minimum

accommodation and other facilities but some of them reported that it should be little bit

improved. They have good relation with their contractors/employer. The key findings through

monitoring process stated below:

The main contractor and subcontractors have taken initiatives to provide employment

opportunities to local community, including the poor, vulnerable households, if any and affected households from the project area.

To the extent feasible and the as per the requirement of skilled and unskilled local labor, the contractor and subcontractors have engaged about 40% local labors and remaining 40% are from the same Oblast & 20% recruited from other different parts of the country.

Care has been taken to provide employment opportunities to women, including providing them the required training to improve their skills and provide equal pay to men and women for work of equal type. Among the total staffs/labors, about 80% are male and only 20% are female

All the staffs/workers employed are aged between 19-56 years. No differences in salary and benefits among the male and female workers. No child labor involved or employed in construction works by the contractor and

subcontractors Contractor employed one medical Assistant at their office and each subcontractors at

their site offices also have one medical assistant to take care of the health issues and treatment of the employees for any casualty or illness regularly,

The staffs and labors are not briefed formally about HIV/AIDS. But the senior engineers of subcontractors sometimes awarded them about the issue. However, in consultation


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with the staffs & labors, it was revealed that mostly of them have idea & awareness about the HIV/AIDS, human trafficking and its consequences.

Staffs/workers are working for the project though are provided with accommodation,

dining facilities and other required facilities but are not standard and enough. They had to live 4 persons sharing one room and some of them complained inadequate accommodation and facilities.

They did not report any major dissatisfaction and reported that they are working in a good environment.

More or less, safe working conditions for male and female workers with safety protection instruments during working has ensured by the contractor/subcontractors; but the staffs/labors working in base plant are not with safety protection instruments especially for the temporary staffs.

The labors/staffs are not paying for overtime works The subcontractors sometimes are not paying regular basis to the staffs. There is no provision of accidental benefits for the staffs/labors. Remuneration/salary of the staffs and labors are fixed above the minimum wage rate of

Kazakhstan. None found complained about their salary structure. But many of the labors/staffs reported that they would be happy if company increases their salary.

37. It was revealed during meeting/consultations with the labors/staffs and especially with

the contractor/subcontractors that they think they complied with the local labour laws to employ

staffs for the project. They also had best efforts to employ women and local people, including

disadvantaged people, living in the vicinity of the Project and ensuring, standard salary with

other facilities, provided safe working conditions/ environments for male and female workers.

The contractors did not employ any child labour for construction and other activities. Moreover,

considering the possible presence of migrant and temporary skilled and unskilled labourers, the

contractor/subcontractors are taking proper care through time to time conducting information

and education campaigns on the risks of sexually transmitted diseases and HIV/AIDS and

human trafficking, targeting construction workers at site offices. To the extent possible, the

some of the subcontractors senior staffs also disseminated information at worksites on risks of

sexually transmitted diseases and HIV/AIDS as part of their health and safety measures for

those employed in road construction activities. The more details findings also have been stated

in Annex-1 separately for contactor and each subcontractor and their labor/staffs consulted at

the sites


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Pictures of Living Condition of Staffs at the sites shown below

Entrance of the living house for the staffs Living house for the staffs at site office

Dining room of the staff at site office

Kitchen in the site office for the staff


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CHAPTER-5:

CONSULTATION AND FEEDBACK FROM THE APs & STAKEHOLDERS

5.1 Consultation Process

38. Consultation and meetings started holding with the APs, local people and

different stakeholders since 2007 (from the beginning of the project) to date at different

stages of the project activities to identify different issues, problems/constraints and

prospects and feedback from the participants in connection to the road development.

Consultation is a continuous process which requires to hold from the very beginning of

the project preparation to implementation of the project. The current

consultations/meetings conducted by the consultant are continuation of the above

consultations. All these consultations conducted were mainly covering information

dissemination about the project & its scope to local people, necessity of land

acquisition, procedures of compensation valuation for the affected land & properties,

payment of compensation, APs/local people’s opinions /feedback on different social

issues & concerns e.g.fair compensation, grievances, local demand (provision of cattle

passing facilities & other infrastructures), involvement of APs & local people in different

project activities & employment in project works.

39. However, at this stage of internal monitoring, a number of consultation meetings

were conducted at the project sites with contractors, workers/staffs, local people, Shu

Rayon Akimats including with the APs & local people in some rural villages to assess

the status of resettlement implementation i.e. progress of compensation payment,

overall impacts of the project. The findings of the above consultations revealed lots of

positive impacts in spite of a few negative impacts/concerns which have the scope of

mitigation. Table 5.1 provided with the list of meetings and consultations in different locations

of the project and offices etc.

Table- 5.1: List of Consultations and Meetings

Name of Villages/locations Date of

consultation No. of participants

1. Rustic unitKaynar (Blagoveschenka) located at Km 263 .and also at location Km. 267, 270, 275&280 along the road

11-11-2012.

Consulted with about 30 local people, construction workers of the contractor, hunter, passerby, & a road side farm household.

Consultation place: At Sue bridge site (Blagoveschenko) contractor’s office (“ МО -

20-11-2012 12 staffs & workers including site engineers


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1”LPP Almaty, Subcontractors) at Km262.

Consultation place: At Rustic unit Karabalta

site at Km. 279 of the road Consultation held with PMR“AlmatyInstroy”- Sub contactor and staffs & workers

20-11-2012 9 staffs & workers including site engineers

Consultation place: At Batching Plant site at Km. 260 of the road Consultation held with Alkasbeton LLP- Sub contactor Dated 22/11/2012

22-11-2012 13 staffs & workers subcontractor employed by KCC for producing concrete and granular materials for road construction.

Meeting at Shu Rayon Akimat office with Deputy Akim in Chair

30-11-012

12 participants including representatives from different departments of Shu Akimat, Akim of Aksu village Akimat and some local people

Meeting with KCC, Engineers & Staffs 8-12-012 8 participants

5.2 Major Findings of Social Issues & Concern of APs & Local People 40. The above consultations, participants mentioned both positive and negative

impacts of the project. Among the positive impacts, people of this area are happy with

the new road and the major benefits people expecting are that the new road that will

bring long run positive impacts in the form of increased income & economic activity,

creating new avenues of employment opportunity centering the road, fair price & easy

access/transportation of agricultural & livestock products to different local and national

markets, opportunity to establish different industries, increase trade/commerce,

develop tourism, easy access to different social services, saving of travel time and

reduced travelling cost etc. On the other hand, during consultations participants also

identified numbers of social issues/problems. Among the different concerns,

construction of cattle passes with provision of carrying agriculture equipment & crops

and complain about fair & timely payment of compensation were the major demand

and concern raised by the people during consultations.


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Pictures of Consultations/Meetings

Picture-1: Social specialists conducting meeting with sub contractor’s staffs & engineers of MO-1:

LLP Almaty office at Shu bridge site

Picture-2: Social specialists discussing with

subcontractor’s staffs & engineers of PMR Almaty Instroy office at Karabalta site

Picture-3: Meeting with Deputy Akim & Rayon

Officials at Shu Akimat office

Picture-4: Social Specialist interviewing APs in

Kenes village of Merke

Picture-5: Cattle Pass constructed at km. 266 of project-4


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41. The major social issues/concerns and public demand identified through meeting

with the different stakeholders held in Kocks office in September, 2012 and follow up

consultation/meetings by the social team to till December, 2012 stated below in a

matrix form with updated status/action taken by the Consultant, Contractor &

Implementing Agency. Moreover, details of social issues discussed and identified with

suggested mitigation measures during consultations/meetings conducted by the social

team have been annexed with the report.

Table-5.2: Major Social issues Identified during Consultations & Measures Undertaken

Identified Social Issues/Concerns Suggested Measures & Action Taken 1. To keep provision for crossing of

agricultural machinery & crops and

cattle between section km 272 and km

278 near the Aksu bridge.

COR/EA agreed with the issue and instructed Consultant & Contractor in consultation with their concerned engineer & designer to select a proper place to construct access road near the bridge Aksu for crossing agricultural machinery & crops & keeping provision of cattle crossing under the Aksu bridge.

Provision of a cattle crossing in a suitable place in and around at km 261+500 before Shu bridge

COR agreed with the local demand and instructed concerned engineer & designer of the Kocks Consult to find out an exact location to construct the concerned cattle pass.

Repair of local road of the village Kok Kainar – Aksu.

COR agreed with the issue and has been decided that KCC to construct/repair concerned road.

Rehabilitation of one demolished dam (dike) in Sarybulak rural district

It has been decided that the reinstatement of the concerned dam dike is to be done by KCC by their own cost.

Number of transport of Contractors driving along the streets of the village Kainar. Local inhabitants are concerned and outraged about this, which might be threat to the safety of local inhabitants.

It has been decided that subcontractor’s vehicles will not be allowed to enter into the villages. Separate bus to be rented for transportation of contractor’s employees/staffs living in the villages renting houses there.

The two cattle passes constructed have not enough height and width to carry agriculture equipment & crops and requested for mitigation of the problem

COR, Consultant & Contractor jointly should investigate the issue and to take necessary measures.

Three persons from Aksu village field a complain in writings to Consultant and Contractor that the road already been constructed on their land but they are not included in the list of APs and did not receive

In compliance to the application of these persons, TL, Kocks Consultant investigated the issue by the surveyor of CSC through physical verification. The surveyor reported that road is not constructed on their land but the contractor dumped garbage on their


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any compensation land & destroyed top soil of these lands. As a result, it is not possible to cultivate on these lands. So, contactor should settle the issue with those landowners paying them adequate compensation.

The village Akim of Akshu reported that 17 out of the 19 APs of Akshu village received their compensation money but two APs (Mr. Agybayev Daulet & Malibekov Kakimzhan) refused to receive their compensation because they are not satisfied with that low amount of compensation offered by the CoR.

It needs further investigations interviewing the concerned APs. It might be solved following the grievance redress procedure stated in the LARP.

CHAPTER-6:

CONCLUSION

42. This current internal monitoring report may be considered an interim report, because till

date only crop and labor maintenance compensation to almost APs has been paid. But the

compensation for lease land (Cadastral Land value which has been evaluated in later stage in

2011 under a supplementary valuation program in compliance with the regulation 890 of the

Kazakhstan Government) not yet paid to any APs. Moreover, there are some APs who did not

receive compensation due to some other reasons and second year crop loss & additional

compensation to one severely affected households not yet paid. As a result, it reveals that the

Land Acquisition and Resettlement Plan implementation are not complete. Once all these due

compensation will be paid, consultant will be required to updating of this monitoring report

which will be treated as final.


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APPENDIX ONE

Feedback from Meetings & Consultations with the contractor, subcontractors and workers, APs, local people and other Stakeholders of the Project

Place & date of consultation

Issues discussed Major findings of the discussions Suggested measure

Number of participants

Place of Consultation:

1. Rustic unitKaynar

(Blagoveschenka) located

at Km 263.

2. At Km 267.

3. At Km 270

4. At Km 275

5. At Km 280

Date: 11-11-2012.

A visit paid by the local Social Specialist on 11-11-2012 along the entire road alignment and had discussions/ consultations in different location about the impact of the road.

All the people discussed unanimously opined that this road will bring benefit to the people of this region and other regions as

well in different ways such as creating opportunity to start roadside café/business, increase income and employment, proper accessibility to social services, improve in living condition, time and cost saving transportation.

One Korean specialist told that that no local people comes to them, and he does not see any obvious public concern from local people. The local people are likely to get the information directly from local employees involved in construction.

One local worker told that instead any negative impact lot of positive impacts are there because young people are employed in construction; salary is quite good &paid in time, providing different facilities, good working conditions. He is now better than his previous occupation (working in cattle firm)

One native villager & hunter (Mr. Askar) reported that he sometimes visiting the construction site and found the construction is on progress. He people of

Consulted with about 30 local people, construction workers of the contractor, hunter, passerby, & a road side farm household.


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this area are happy with the new road that will bring positive impacts in the form of increased economic activity & income, fair price & easy access/transportation of agricultural & livestock products to different local and national markets, easy access to different social services.

Another worker who is from Merke District, noted that one cattle pass is constructed (at Km 302) will be useful for one part of the village but the other parts will not be benefited. So villagers were demanding to construct another cattle pass at the other side of the village. Moreover, the cattle pass constructed is narrow and height is not sufficient to carry agricultural products & equipments by trucks. (find the name of the village)

One households living near the road reported that people are waiting for opening the road immediately being they are expecting that the road will bring improved living condition, access to different social services, create employment opportunity consequently to increase income of the people. But the only negative impact they are facing currently, difficulties to go to Merke using the old road. The new road undoubtedly will bring benefits to the people reduce significantly the distance, travel time & cost as well.

The CoR with assistance from CSC and contractor should investigate the issue for remedial measures This problem will solve after opening the road on December 16, 2012


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Consultation place: At Sue bridge site (Blagoveschenko) contractor’s office (“ МО - 1”LPP Almaty, Subcontractors) at Km262. Dated 20/11/2012

- Contractor mobilization - Employment of Subcontractors - Number of staffs/workers employed their age, sex, any APs employed etc. -Awareness/briefing about health issues including HIV/AIDS, human trafficking, safety etc. -Workers satisfaction e.g .contract/wages, accommodation, working environment etc. -Interaction with local people in connection to project and feedback - Complaint/grievances/expectation of the local people they noticed. - Observation of the views of local people about the road development by them i.e. benefits & disbenifits - Workers views on the road development

Contractor mobilized in February 2012 Sub contractor mobilized in March 2012

hails from Almaty Total 54 workers employed in this site, of

them 6 are females and all are aged between 19-56 years.

Among the total staffs/workers, about 85% of them are local & the remaining 15% recruited from other different parts of the country.

No child labor found involved employed in construction works by the contractor

Contractor employed one medical Assistant at that site to take care of the health issues and treatment of the employees for any casualty or illness regularly,

One senior engineer of the contractor reported that he individually discussed and briefed about the impact of HIV/AIDS, human trafficking.

Majority of the workers found aware and had idea about the consequences / impact of HIV/AIDS, human trafficking

Staffs/workers are working for the project are provided with accommodation, dining facilities and other required facilities and they did not report any major dissatisfaction and also working in a good environment

They have no dissatisfaction regarding remuneration & they also get additional payment in case of any works beyond their contract

As per law, staffs/workers usually are not allowed to interact with the local people. In spite of this, sometimes some local people come to the site and enquire about the work and inspect quality of works

They found local people are happy with this project but sometimes they are suggesting them to ensure quality work with proper soil

12 staffs & workers including site engineers


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compaction, grading etc. The local people during discussions with the

staffs/workers in the site shown keen interest about the project and expecting that it will bring lot of benefits and development in the area. But they are concerned about intrusion of Chinese couture in Kazakhstan due to the road connectivity with the Chinese territory.

The staffs/workers also enthusiastic about the rapid development of the region after completion of the road project

Consultation place: At

Rustic unit Karabalta site at

Km. 279 of the road Consultation held with PMR“AlmatyInstroy”- Sub

contactor and staffs &

workers

Dated 20/11/2012

- Contractor mobilization - Employment of Subcontractors - Number of staffs/workers employed from, their age, sex, any APs employed etc. -Awareness/briefing about health issues including HIV/AIDS, human trafficking, safety etc. -Workers satisfaction e.g .contract/wages, accommodation, working environment etc. -Interaction with local people in connection to project and feedback - Complaint/grievances/expectation of the local people they noticed. - Observation of the views of local people about the road development by them i.e. benefits & disbenifits - Workers views on the road development

Sub contractor mobilized in May, 2012 Total 50 workers employed in this site, of

them 2 are females and all are aged between 20-63 years.


The chief Engineer of that site reported that

he himself provided orientation and

instruction on sexually transmitted

diseases. The staffs /workers also were

found aware about HIV/AIDS, human trafficking.

Staffs/workers are working for the project are provided with accommodation, dining facilities and other required facilities and they did not report any dissatisfaction and also working in a good environment

They have good relation with the local people and sometimes some local people come to the site and inquire about the work and inspect quality of works and they also concerned about ensuring good quality works.

They found local people are happy with this project but sometimes they are suggesting them to ensure quality work with proper soil

9 persons including site engineers, staffs & workers


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compaction, grading etc. The local people during discussions with the

staffs/workers in the site shown keen interest about the project and expecting to open the as soon as possible. Once road start operation, many people will be starting their business which will create a new avenue for income earning & employment and will have the opportunity of easy access to other regions in a short time & low cost

The staffs/workers also seem that this road will bring benefit to the people of this region and also for the country as well.

Consultation place: At

Batching Plant site at Km.

260 of the road Consultation held with Alkasbeton LLP- Sub

contactor Dated 22/11/2012

- Number of staffs/workers employed from, their age, sex, any APs employed etc. -Awareness/briefing about health issues including HIV/AIDS, human trafficking, safety etc. -Workers satisfaction e.g .contract/wages, accommodation, working environment etc. -Interaction with local people in connection to project and feedback - Complaint/grievances/expectation of the local people they noticed. - Observation of the views of local people about the road development by them i.e. benefits & disbenifits - Workers views on the road development

Sub contractor mobilized in August, 2012 Total 100 workers employed in this site

during starting of works but currently 45 were found working because many of them are casual/part time worker, no female worker and all are aged between 20-60 years and all are from same oblast (Kordai, Marke and Taraz.


They never orientated/briefings on sexually

transmitted diseases. But many staffs

/workers also were found aware about HIV/AIDS, human trafficking.

The workers/staffs are not aware about their rights regarding compensation for any accident or adverse health effects

The doctor from KCC take of their heath issues in absence of their own doctor

Staffs/workers are working for the project are though provided with accommodation, dining facilities and other required facilities but are not adequate and required personal protective equipments is not provided to them.

They don’t have any interaction with the

10 persons including site engineers, staffs & workers


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local people. The staffs/workers also seem that this road

will bring benefit to the people of this region.

Meeting at Shu Rayon with Deputy Akim in Chair

-Current activities of the project -Project impacts (benefits, disbenefits) -Compensation issues including compensation valuation, their involvement etc. - satisfaction of APs with compensation procedure & payment - grievances/complain to them regarding compensation or any other social concerns

They all were found happy with the project and progress of construction;

Participants were expecting lot of benefit from the project in different ways

The Deputy Akim of Shu Rayon mentioned the road will bring lot of benefits such as increased income & economic activity, creating new avenues of employment opportunity centering the road, fair price & easy access/transportation of agricultural & livestock products to different local and national markets, opportunity to establish different industries, increase in trade/commerce, develop tourism, easy access to different social services, saving of travel time and reduced travelling cost etc. On the other hand, during consultations participants also identified numbers of social issues/problems.

The Akimat had involvement with the project at different stages from project prepation to its implementation

APs almost have received their compensation

Only two APs did not receive compensation because they are not agreed with the compensation amount offered for their lost land.

12 participants including representatives from different departments of Shu Akimat, Akim of Aksu village Akimat and some local people

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