Land Acquisition and Resettlement Plan (LARP) Compliance Report Project Number: 48042-001 September 2020 AFG: Panj Amu River Basin Sector Project (Chardara Subprojects Irrigation Scheme – Package 6) Prepared by National Water Affairs Regulation Authority for the Ministry of Finance and the Asian Development Bank. This Land Acquisition and Resettlement Compliance Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Transcript
Land Acquisition and Resettlement Plan (LARP) Compliance Report Project Number: 48042-001 September 2020
2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...................................................... 14
2.1 Scope and Rationale for Resettlement .............................................................................................. 14
2.2 Census Survey ..................................................................................................................................... 14
2.3 Types and Summary of Impact ................................................................................................................. 14
2.4.1 Affected Households and Population ................................................................................................ 14
2.4.2 Impact on Land ................................................................................................................................... 14
2.4.3 Impact on Trees................................................................................................................................... 15
2.4.4 Impact on Income and livelihood ...................................................................................................... 15
2.4.5 Impact on Vulnerable and Severely Affected Households .............................................................. 15
2.4.6 Indigenous Population ........................................................................................................................ 15
3.2.2 Age of APs ............................................................................................................................................ 17
3.2.4 Marital Status ....................................................................................................................................... 18
3.3.1 Family Structure .................................................................................................................................. 18
3.3.4 Occupation of the AHs ........................................................................................................................ 19
3.3.5 Income and Expenditure ..................................................................................................................... 19
4. LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS ..................................................... 20
4.1 Policy and Legal Framework for Land Acquisition and Resettlement.............................................. 20
4.2 Land Acquisition and Resettlement Legislation in Afghanistan ........................................................ 20
4.3 Relevant Provisions from the Law on Land Management in Afghanistan ....................................... 20
4.4 Relevant Provisions from the Law on Land Acquisition in Afghanistan....................................... 20
6.1 General ...................................................................................................................................................... 27
Men’s Public Consultation Meeting Agenda and Questionnaire .................................................................... 38
1.4 Minutes of the meeting-Chardara Canal Upstream, Middle stream, Men ............................................ 42
List of Tables:
Table 2.1: Summary of Impact under the Chardara ........................................................................................... 4
Table 2.2: Impact on Trees ........................................................................................................................... 4
Table 3.1: Age Distribution of APs in Ahs ....................................................................................................... 6
Table 3.2: Literacy Status of the Affected Persons .............................................................................................. 7
Table 3.3: Marital Status of the Aps .................................................................................................................... 7
Table 3.4: APs’ Family Structure ........................................................................................................................ 8
Table 3.8: Income and Expenditure of Ahs ....................................................................................................... 10
ANNEX 1: PARTICIPANT LIST OF CONSULTAITON MEETING ............................................................. 39
ANNEX 2: ATTENDANCE LIST OF PUBLIC CONSULTAION MEETING, ............................................. 41
ANNEX 3: PHOTOGRAPHS OF PUBLIC CONSULTATION MEETINGS, ................................................. 43
ANNEX 4: PUBLIC INFORMATION BOOKLET........................................................................................... 44
ANNEX 5: LIST OF AHS WITH RESTTLEMENT IMPACT AND COMPENSATION .............................. 48
LIST OF FIGURE:
FIGURE 1:PROJECT LOCATION MAP ............................................................. Error! Bookmark not defined.
FIGURE 2:LARP IMPLEMENTAITON SCHEDULE ........................................ Error! Bookmark not defined.
CURRENCY EQVELLENTS as of July 24, 2020
Currency Unit – AFN
AFN 1.00 -$ 0.01z
$1.00 - 77 AFN
ABBREVIATIONS
ADB : Asian Development Bank
AF : Affected Family
AFN : Afghan Currency
AH : Affected Household
AP : Affected Person
CSS : Census and Socioeconomic Survey
CAESU : Contract Administration and Engineering Support Unit
DMS : Detailed Measurement Survey
EA : Executing Agency
ESCS : Engineering and Supervision Consulting Services
ESSU : Environmental and Social Safeguard Unit
GoA : Government of Afghanistan
GRC : Grievance Redress Committee
GRM : Grievance Redress Mechanism
HH : Households
IA : Implementing Agency
IOL : Inventory of Losses
IA : Implementing Agency
IP : Indigenous People
LAR : Land Acquisition and Resettlement (impacts)
LARP : Land Acquisition and Resettlement Plan
LKIP : Lower Kokcha Irrigation Project
MAIL : Ministry of Agriculture, Irrigation and Livestock
MUDL : Ministry of Urban Development Land
MEW : Ministry of Energy and Water
MFF : Multi tranche Financing Facility
MOF : Ministry of Finance
NGO : Non-Government Organization
NOL : No Objection Letter
PARBA : Panj-Amu River Basin Agency
PIO : Project Implementation Office
PMO : Project Management Office
PPR : Project Progress Report
ROW : Right of Way
RF : Resettlement Framework
SHC : Sharawan Canal
WRDIP : Water Resources Development Investment Program
GLOSSARY
Affected Family: All members of a household residing under one roof and operating as a single economic unit;
who are adversely affected by the Project or any of its components. It may consist of a single nuclear
family or an extended family group.
Affected Person (AP): All the people (or household) affected by the Project through land acquisition,
relocation, or loss of income; and include any person, household [sometimes referred to as project
affected family (AF)], firms, or public or private institutions. APs, therefore, include (i) persons whose
agricultural land or other productive assets such as trees or crops are affected; (ii) persons whose
businesses are affected and who might experience loss of income due to the Project impact; (iii) persons
who lose work/employment as a result of Project impact; and (iv) people who lose access to community
resources/property as a result of the Project.
AFN: Local currency of Afghanistan, which is the Afghani.
Assistance: Support, rehabilitation and restoration measures extended in cash and/or kind over and above the
compensation for lost assets.
Census: The process of enumeration of the affected people and their assets.
Compensation: Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost
at current market value.
Cut-off date: The date after which people will NOT be considered eligible for compensation, i.e. they are not
included in the list of APs as defined by the census. Normally, the cut-off-date is the date of the detailed
measurement survey.
Detailed measurement survey: The detailed inventory of losses that is completed after detailed design and
marking of project boundaries on the ground.
Entitlement: The range of measures comprising cash or kind compensation, relocation cost, income restoration
assistance, transfer assistance, income substitution, and relocation which are due to business restoration
which are due to APs, depending on the type and degree nature of their losses, to restore their social
and economic base.
External Experts: Experts not involved in day-to-day project implementation or supervision.
Inventory of Losses: The pre-appraisal inventory of assets as a preliminary record of affected or lost assets.
Jerib: Traditional unit of land measurement in Afghanistan. One Jerib is equal to 2000 square meter of land. 5
Jeribs make 1 hectare.
Non-titled: People who have no recognizable rights or claims to the land that they are occupying and includes
people using private or state land without permission, permit or grant i.e. those people without legal
title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation.
Program: Water Resources Development Investment Program funded by ADB.
Rehabilitation: Compensatory measures provided under the Policy Framework on involuntary resettlement
other than payment of the replacement cost of acquired assets.
Replacement Cost: Replacement cost means the amount needed to replace an asset and is the value determined
as compensation for:
I. Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market
value of land of equal productive potential or use located in the vicinity of the affected land, plus the
cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration
and transfer taxes;
II. Land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar
or improved public infrastructure facilities and services and located in the vicinity of the affected land,
plus the cost of any registration and transfer taxes;
III. Houses and other related structures based on current market prices of materials, transportation of
materials to construction site, cost of labor and contractor’s fee, and any cost of registration and transfer taxes. In determining replacement cost, depreciation of assets and value of salvaged building materials
are not taken into account and no deductions are made for the value of benefits to be derived from the
project;
IV. Crops, trees, and other perennials based on current market value; and
V. Other assets (i.e. income, cultural or aesthetic) based on replacement cost or cost of mitigating measures.
Resettlement: All the impacts associated with land acquisition including restriction of access to, or use of land,
acquisition of assets, or impacts on income generation as a result of land acquisition.
Shura: Local institution which represent the seniors of a rural community. They are mostly the decision makers
at village level. There are two types of Shura - NSP/MRRD established shuras and tribal shuras. NSP
shuras or CDCs are responsible mostly for developmental work while the tribal shuras are responsible
for conflict resolutions, jirgas etc. Currently both shuras function for both responsibilities and are
represented by the same group of people
vulnerable household: Anyone who might suffer disproportionately or face the risk of being marginalized from
the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled
household heads; (iii) poor households (within the meaning given previously); (iv) landless or without
title to land; (v) elderly households with no means of support; (vi) households without security of tenure;
(vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five Jeribs or less).
Severely Affected Households/persons: refers to affected households who will (i) lose 10% or more than
10% of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more
than 10% of their total income sources due to the Project.
EXECUTIVE SUMMARY
The proposed Panj-Amu Basin Project will increase agricultural productivity in the Panj-Amu River
Basin through improving access and use of water at farm, scheme and river levels. Project interventions
will be undertaken in approximately 21 irrigation schemes in the basin. In order to assess the viability
of the project, three representative schemes (sub-projects) were chosen from a list of candidate sub-
projects as being representative of the type of scheme that will be assisted in the project, and which will
be the first to be implemented. Selection of the representative sub-projects was also based on
government priority and ease of access from both a security and logistical point of view. Chardara canal
length is 61 km and the structures are located in the existing alignment of canal which is 12-18 meters,
also with 2-3 meter ROW in both side inKunduz Province (Panj Amu River basin) is one of these
representative sub-projects.
As part of the project interventions a number of structures will be built along the canal. Notably new
off-takes, cross regulators with a spill weir, protection wall, bridges, drop structures and canal lining is
part of this project.
All of these structures will be built along the public right of way (RoW) of the canal. There is no land
acquisition requirement and no physical displacement. The only impact constitutes the removal of 1,296
non-fruit trees on the RoW (2-3 meters1), of which only 346 are mature, 774 midel age and 176 sapling
which are located in both side of canal and used by 17 household that will be removed.
Since there is no severely affected persons by the project, it is categorized as B for involuntary
resettlement. No indigenous people have been identified in the project area and therefore it is category
C for IP.The concept of a public RoW is fairly new in Afghanistan but traditionally farmers whose land
is adjacent to such RoW use such land. As the RoW is government land, they are not owners of the
trees per se, but traditional users. Their livelihoods do not depend on these trees, which are not grown
commercially and are simply ancillary. They sometimes use the trees for fuelwood. Willow trees were
used in the past for construction materials but this is no longer the case. The households’ economic dependence on these trees is less than 1% of their income, as obtained through the stakeholder
consultations.
For compensation, ADB’s replacement cost principle have been followed and the trees have been valued
based on the market value of their dry wood volume. The budget for this LARP covers the compensation
for the removal of trees. It is set at US$ 19,727.11. The LARP budget will be met from the ADB-EU
grant funding.
The amount for compensation for tree removal has been included in the BOQ for the construction
contractor who will be tasked with paying this compensation before commencement of civil works and
acceptance of LARP implementation compliance report by ADB. During public consultations
stakeholders include River Basin Agency, District governor, WUAs and CDC recommended that no
compensation is made, since trees are on RoW and compensation may encourage false claims in the
future. It was recommended that compensation is instead made for building or enhancing community
assets. The project recommends that this could be used for construction of additional domestic or
livestock access points, which are already a task of the contractor.
If all APs and the mirabs do not agree, then compensation payment will be made directly to the APs.
This will be made to their bank accounts if they have one. If they do not then as this is a one-off payment
1 To be clear the project is rehabilitation of existing structures, and the structures are located in the existing alignment of canal which is 12-18 meters, also with 2-3 meter ROW in both side. There won’t be any changes in the location and size of structures.
they will not be asked to set-up a bank account for this purpose, so payment will be made as a cash
payment to the AP in the presence of the WUAs head, CDC representativesm, supervision consultant
and PIU representative. A payment slip confirming receipt of payment will be signed by the AP and
some one as a witness.
Consultations and the grievance redress mechanism will continue throughout the project cycle. The
LARP implementation will be reported to ADB semi-annually.
1. Introduction
1.1 BACKGROUND
1. The Panj-Amu River Basin Project Sector Project (PARB), Afghanistan Project will support improved water allocation and availability, enhanced on-farm water management, and protection of watersheds in the Panj-Amu River basin, through construction of water conveyance and irrigation infrastructure at 21 priority subprojects (construction costs approximately $50 million); the establishment, strengthening, and support of subproject water user associations (WUAs) and irrigator associations (IAs); training on on-farm water management and improved agronomic techniques; implementation of watershed management plans at sites adjacent to the priority subprojects; and improved basin water resources planning and management.
2. Since 2004, the European Union (EU) has supported the Government of the Islamic Republic of Afghanistan (GoIRA) in its reconstruction efforts by funding integrated water management programmes in the Panj Amu River basin. The Qulbars-Shorab subprojects continues this EU support in partnership with ADB as co-financier and administrator. This approach aims to improve Government’s ownership of fund management and conform to EU policy in Afghanistan of moving funding on-budget or into co-financing arrangements, and to increase sustainability.
3. The importance of the PARB Project is in its impact on the well-being of rural communities in the basin, and in its support for Afghanistan’s sector investment plan, the $1.1 billion National Water and Natural Resources Development Program.
Brief Description of Location, Nature and Size of the Project
4. Chardara irrigation scheme is located around 28 km from Kunduz center. The GPS of the intake is N
36.492372 E 68.880859. The length of the main canal is 61 km with 2-3 meter RoW. To be clear the
project is rehabilitation of existing structures, and the structures are located in the existing alignment of
canal which is 12-18 meters, also with 2-3 meter ROW in both side. There won’t be any changes in the location and size of structures. It is located in Omerkhil Village of Ali Abad district of Kunduz province.
The command area is located on left bank of Kunduz River. It has a command area of around 15,904
ha. The canal is the traditional one has been running more than 100 years.
5. The original age of the Chardara irrigation scheme is unknown but according to local people the canal
is about 100 years old. After taking water from the Kunduz River the canal is aligned in the south
direction passing through the villages and along the Kunduz river. The headwork is constructed by the
KRBP it includes automatic escape structure and weir structure to divert the water into the river during
flood season. The main canal intake has 10 gates in Chardara Headwork ( Intake has 10 nos. of gate
with size of 1.5m (w), 1.2m (h), the canal is unlined and irregular.
1.2 CONSTRAINT
1. This should however be mentioned that there were severe restrictions due to the
security situation, preventing some of the fieldworks to be carried out as intended. The
obvious constraint to carrying out all the pursuits had been the threat of insurgency in many parts of the
project area. Field visit by the international consultants could be very poorly possible due to increasingly
dangerous condition. Nevertheless, the national consultants attempted to carry out the relevant tasks to
the best of their ability.
1.3 OBJECTIVES OF THE LARP
2. This draft LARP defines the practical procedures by which the Implementing Agency
addressed the resettlement impacts under the Project, in line with the applicable
policy and legal framework of the Government, and ensuring that the principles of the ADB’s safeguard
requirements on involuntary resettlement under the Safeguard Policy Statement are complied with. The
primary objectives of the LARP are to:
• Identify the project impact on the community in terms of loss of assets, and impact on livelihood and
income;
• Outline measures to mitigate the adverse impact;
• Provide an estimate for budgetary allocation for compensation of loss of assets and resettlement
benefits; and
• Provide procedure for internal monitoring of resettlement implementation.
1.2 LARP-related Conditionality
3. Initiation of project implementation works will be contingent on the compliance to the
following conditions:
4. Acceptance of this LARP by ADB.
5. Disclosure of this LARP to the public, ADB and government websites.
6. Implementation of the LARP, i.e., delivery of compensation to the AHs, if applicable.
7. Submission of LARP implementation compliance report for ADB review, acceptance and disclosure.
8. No-Objection Certificate (NOC) issued by ADB for commencement of civil works up on acceptance of
LARP implementation compliance report.
2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
2.1 Scope and Rationale for Resettlement
9. Chardara canal improvement works have been planned to be carried out
within the available land owned by the government along the existing canal alignments which are 12-
18 meters with 2-3 meter ROW in both sides. However, in the course of censuse and socio-economic
CSS survey, it was found that the people residing adjacent to the canal alignments are using this canal
RoW land over the years and benefiting from the land by planting and growing of trees in common, but
some used for boundary walls and dwelling houses. Based on ROW regulation, the canal ROW are
based on the discharge of the canal, acoording to regulation this canal with discharge of about 30 cubic
meter per second have 10-12 meter ROW in both side. And currently there is only 2-3 meter exist and
rest are used by farmers.
2.2 Census Survey
10. As mentioned earlier, implementation of the Chardara will have unavoidable impact of loss of non-land
assets such as trees. To ascertain the magnitude of the impacts, census combined with socioeconomic
survey was carried out intermittently on June 2020 to make an inventory of losses (IOL), and to develop
a baseline of socioeconomic status of the households likely to suffer from project intervention.
2.3 TYPES AND SUMMARY OF IMPACT
11. Rehabilitation and upgrading of the canals and its structures will have major impact on trees which
grown in the ROW of canal. The land is government land but currently it is used by farmesrs adjacent
to the canal.
Table 2.1: Summary of Impact under the Chardara
Type of Impact Magnitude of Impact
Affected Households and Persons
Total Number of Affected Households 17 Households
Total Number of Affected Persons (APs) 205 Persons
Total Affected Male APs 105 Persons
Total Affected Female APs 100 Persons
Affected Assets 0
Total Number of Affected Trees (Grown on Govt. Land) 1,296 Numbers
12. A total of 17 households will be affected due to implementation of the Project as already mentioned.
The foregoing summary table shows that a numbers of APs are identified in the affected households
(AHs), estimated at about 205 people. 1,296 different types of non-fruit trees will have to be removed
and compensated based on market value.
2.4 Impact Assessment
2.4.1 Affected Households and Population
13. As already mentioned, a total of 17 households and 205 APs will be partially affected due to the project
implementation, out of that 105 male and 100 females. However, the effects on the AHs will be small
since there will be no household to lose any part of its land-holding. Also, project implementation will
not cause any major impact involving demolishing of any house or physical displacement of any
households from their existing dwellings.
2.4.2 Impact on Land
14. The structures will be built in the existing ROW (2-3meter) of canal, and there is no need for land
acquisition privately owned land due to the project. To be clear the project is rehabilitation of existing
structures, and the structures are located in the existing alignment of canal which is 12-18 meters, also
with 2-3 meter ROW in both side. There won’t be any changes in the location and size of structures.
2.4.3 Impact on Trees
15. A total of 1,296 trees will be affected, of which 346 are mature trees, 774 are medium size or pole and
176 are small size trees. Point to be noted that, most of the trees are non fruit trees except some mublery
and Russian olive which are generally used as public in the canal ROW.
Table 2.2: Impact on Trees
S. N Province District Canal
Name Types of Tree Tree Category
Kunduz Ali Abad
Char
Dara
Canal
Local
Name Scientific Name Sip Pole Tree
1 Chinar Platanus 41 254 99
2 Bid Willow 52 153 49
3 Sinjad Russian Olive 30 68 38
4 Tot Mulbery 37 109 10
5 Safidar Populus alba 16 190 150
Sub-Total 176 774 346
Grand Total 1,296
2.4.4 Impact on Income and livelihood
16. Although the affected households use the government owned land for various purposes along the canals,
these lands are not being used for agricultural purposes. Therefore, there is no impact on crops. The
trees planted on the land are not fruit or productive trees. These are used as firewood and for household
consumption, the loss of which is very insignificant in comparison with the total income of the
households. The structures affected are used for residential purpose, not for any commercial activity.
Total impact of the project is less than 10% for all the affected households.
2.4.5 Impact on Vulnerable and Severely Affected Households
17. The impact assessment has taken care whether the Chardara irrigation scheme will have any impact on
vulnerable population, defined in Glossary list, i.e. whether any household below poverty line or
women-headed household or any households who are mentally or physically challenged. During the
socioeconomic survey, it was found that the per capita income per day of the 8 APs are under the poverty
line. Also, all AHs are headed by male household heads. Besides, there are no households whose
agricultural land or income will be severely affected, impacting more than 10% of any AP’s agricultural land holding, also The project is rehabilitation of existing structures and there is no any new
project to affect the vulnerable household, the only impact is due to removal of a number of
trees in the canal ROW, there is no impact on lan and structures (houses or business income)..
2.4.6 Indigenous Population
18. Afghanistan is composed of a multi-ethnic and multi-lingual society. The ethnic composition of the
country comprises the groups of Poshtun, Tajik, Hazara, Uzbek, Aimak, Turkmen, Baloch, Pashai,
Nuristani, Gujjar, Arab, Brahui, Pamiri and some others. These communities are at par with the
mainstream and do not fall under the definition of ADB’s indigenous people (IP) groups. Similar is the case with all APs in the project areas who are collectively residing in the region for hundred years and
considered to be mainstream Afghan residents, and do not fall under the IP definition. All the surveyed
APs were found to be followers of Islam.
2.4.7 Gender Impact
32. Attempt was made during the course of census survey to assess the gender impacts of the Project.
Discussions were undertaken with the community people to look into the current status and needs of
the women in the project area and the potential impact of the Project on them. The assessment has not
brought forth any adverse impacts of the Project on women in particular.
3. SOCIOECONOMIC PROFILE OF THE AFFECTED PERSONS
3.1 SOCIO-ECONOMIC SURVEY
3.1.1 Methodology
33. A socio-economic survey was conducted during the same time of carrying out the census survey, using
a Semi-structured questionnaire. Due to security reason, it was planned to conduct this socioeconomic
survey at one time combined into a single initiative together with the census survey, not making a
separate round of field trips.
34. Discussions were held mainly with the household heads, but there was presence of the other male
members of the households in common. Mention should be made that during the course of conducting
the survey in the project area discussion could take place only with the heads of the households. Due to
the cultural restrictions, the women members of the households could not be interviewed at all.
Participation of women was fully absent due to strict controls on their movement outside the house in
these remote areas. Hence, the respondents of the survey were only male APs. However, efforts were
made to the extent possible to collect information about the female members in the households during
the course of interviewing the male respondents.
3.2 Demographic Characteristics of the Ahs
3.2.1 GENDER SEGREGATION
35. There are in total 205 APs or an average of 13.2 persons per household. Among the total APs,
105(51%) are male and 100 (49%) are female, with no significant difference in the sex ratio.
3.2.2 Age of APs
36. Table 3.1 shows the age of affected peoples. Majority of APs in the AHs are within the age group of 18
to 50 years - about 36% APs in age of 18 to 50 years. A very minimum APs were found to be above 70
years of age. No female headed household ould be found among the AHs.
able 3.1: Age Distribution of APs in AHs
Age Range
Kunduz Province
No. of Aps in Chardara District
% of Aps in Chardara District
Less than 5 years 39
19
5 to 17 years 72 35
18 to 50 years 73 36
51 to 70 years 16 8
More than70 years 5 2
al 205 100
3.2.3 Education
37. Table 3.2 show the education level of affected people. Majority of the APs were found to be Middle
School – 42 %. Around 17% of APs were graduated from university and 40% of the Aps were illiterate.
able 3.2: Literacy Status of the Affected Persons
Education Level Kunduz Province
No. of Aps in Chardara District % of Aps in Chardara District
Higher than Graduate 2 1.0
Graduate 35 17.1
Middle School 87 42.4
Illiterate 40 19.5
Below School going Age 41
20.0
Total 205 100.0
3.2.4 Marital Status
38. Greater part of the AP population was found unmarried - 61%, married number of APs was also found
relatively high - 36%. And there is 3% widow in the project area.
able 3.3: Marital Status of the APs
Marital Status
Kunduz Province
No. of Aps in Chardara District
% of Aps in Chardara District
single 125 61
Married 73 36
Widow 7 3
Total APs of Marriage Age 205 100
3.2.5 Religion
39. All the affected households are mainstream Muslim families and all the APs are followers of Islam
religion
3.3 Household Characteristics
3.3.1 Family Structure
40. Majority of the household are living in extended families as 71 % of the families are living in the
extended family. The maximum numbers of family members were found as high as 20. And 29% or 5
families are living in the nuclear family. All the affected household heads are male and Majority of the
household heads are illiterate due to the war period.
able 3.4: APs’ Family Structure
Province District Family Type
Nuclear Extended
No of AHs % of AHs No of AHs % of AHs
Takhar Khwaja Ghar 5 29 12 71
Total 5 29 12 71
Maximum Number of People in Affected Households 20
Minimum Number of People in Affected Households 7
Average Number of People in Affected Households 13.2
3.3.4 Occupation of the AHs
41. Agriculture is the major economic activitiy in the project area and providing about 93 % of all
employment for their income earning. Traditionally, men are involved in bulk of the income earning
activities. Especially, in almost all cases of agricultural activities men are involved. However,
significant women involvement was visible in livestock rearing. It has been understood that women in
most cases are involved in cattle feeding and watering. Livestock is another significant income earning
source for the households. Some of the APs in the AHs were found to be engaged in more than one
profession.
able 3.7: Occupation of AHs
Source of Income
No of AHs % of AHs Total AHs in the Category
Agriculture 14 93 14
Trade and Service 1
7 1
Non-farm labour 2
1 2
Livestock 0 0 0
3.3.5 Income and Expenditure
42. Average income of the households was found to be around AFN 32,013 per month. People spend
relatively higher amount on food items, monthly average AFN 14,711 , followed by AFN 6,087 on
non food items. As it has been mentioned earlier that the average family size for the AHs is 11.2, which
means, per person per day income in the affected area is around AFN 80.84 , which is equivalent to
USD 1.04. Based on ALCS 2016-17, in 2007-08, the national average threshold for the cost of covering
basic needs – the poverty line – was AFN 1,261 per person per month. This threshold, consistently
defined and valued at 2016-17 survey prices, increases to AFN 2,064 per person per month. Hence, the
affected people are living above the poverty line of Afghanistan.
Table 3.8: Income and Expenditure of AHs
Income Status of the AHs
Monthly Household Average Income(AFN) 32,013
Yearly Household Average Income(AFN) 384,160
Expenditure Status of the Surveyed AHs
Monthly Expenditure for food (AFN) 14,711
Monthly Expenditure for non-food items (AFN) 6,087
Average Monthly Total Expenditure (AFN) 20,797
Yearly Total Expenditure 249,568
4. LEGAL AND POLICY FRAMEWORK AND ENTITLEMENTS
4.1 Policy and Legal Framework for Land Acquisition and Resettlement
43. The policy framework for the Project is based on Afghanistan Land Acquisition law, the ADB policy
on Involuntary Resettlement as embedded in the Safeguards Policy Statement (2009) and the
Operations Manuals F1 (2010), and the Land Management Law and the Land Acquisition Law of
Afghanistan. Where differences exist between local law and ADB practices, the resettlement policy will
be resolved in favour of the latter.
4.2 Land Acquisition and Resettlement Legislation in Afghanistan
44. The new Constitution of Afghanistan was ratified in early 2004. It has 3 articles that
closely relate to compensation and resettlement. There are 2 Laws and 1 regulation which are used in
Afghanistan which are relevant to Land Acquisition and Resettlement. They are the “Law on Land
Management” (LML) , “Land Acquisition Law” (LAL) and Regulation on Linear Proejcts Land
Acquisition Process.
4.3 Relevant Provisions from the Law on Land Management in Afghanistan
50. A comprehensive land policy was approved in 2017 by the President and Gazetted
on 15 April 2017. This “Law on Managing Land Affairs” (no. 1254) (LML) is aimed at:
• Management of land affairs in Afghanistan.
• Resolve the problem issue caused by the implementation of varying policy related to land management.
• Refund of all land which are distributed without any permission by law and Sharia.
• Establishment and facilitating legal access to government land for agriculture, Business, public services,
industrial activities and acquiring the national and international investment.
45. Furthermore, this Law aims also to proved standard system for land titling, land segregation and
registration; prevent illegal land acquisition and distribution; provide the people with access to land;
and provide conditions for appropriation of lands. The LML provides that:
46. Management of land ownership and related land management affairs and implementation of this law is
under the responsibility of Ministry of Urbana Development and Land MUDL (Article 4).
47. Ownership is verified by providing the legal and valuable documents (article 9), including power of
attorney, Decision of court, Tax paper, legal documents, deed, traditional deed and property dealer
document
48. Public project can be implemented in the public land by approval of the government.
49. Technical implementation and administration of land management affairs shall be
conducted under the Ministry of Urbana Development and Land MUDL and Ministry of Agriculture,
Irrigation and Livestock, Head of NWARA, Ministry of finance ,Department of geodesy and
Cartography and other related agencies have responsibilities for the implementation of this article
(Article 39).
50. If the land clearance is conducted for the implementation of government project, the right of owner who
are not present will be saved and when they claim and bring the required document, their right will be
given (article # 44).
4.4 Relevant Provisions from the Law on Land Acquisition in Afghanistan
51. For the purpose of public interest like the establishment/construction of public infrastructure and
facilitation for acquisition of land with cultural or scientific values, land of higher agricultural
productivity, large gardens, LAL provides that:
• The acquisition of a plot or a portion of plot, for public interest is decided by the Cabinet and will be
compensated at fair value based on the current market rates (section 2).
• The acquisition of a plot or part of it should not prevent the owner from using the rest of the property
or hamper its use. If this difficulty arises, the whole property will be acquired (section 4).
• The right of the owner or land user will be terminated 3 months prior to start of civil works on the
project and after the proper reimbursement to the owner or person using the land has been made. The
termination of the right of the landlord or the person using the land would not affect their rights on
collecting their last harvest from the land, except when there is emergency evacuation (section 6).
• In case of land acquisition, the following factors shall be considered for compensation: value of land;
value of houses, buildings and the land; values of trees, orchards and other assets on land (section 8).
• The value of land depends on the category and its geographic location (section 11).
• A person whose residential land is subject to acquisition will receive a new plot of land of the same
value. He has the option to get residential land or a house on government property in exchange, under
proper procedures (section 13).
• It can be arranged with the owner if he wishes to exchange his property subject to acquisition with
government land. The difference on the values of land will be calculated (section 15).
• The values of orchards, vines and trees on land under acquisition shall be determined by the competent
officials of the municipality (section 16).
4.5 ADB’s Involuntary Resettlement Policy
52. The ADB Policy on Involuntary Resettlement is based on the following principles:
• Involuntary resettlement is to be avoided or at least minimized;
• Compensation must ensure the maintenance or improvement of the APs’ pre project living standards;
• APs should be fully informed and consulted on compensation options;
• APs’ socio-cultural institutions should be supported/used as much as possible;
• Compensation will be carried out with equal consideration of women and men;
• Lack of formal legal land title should not be a hindrance to assistance/rehabilitation;
• Particular attention should be paid to households headed by women and vulnerable groups, such as indigenous people and ethnic minorities, and appropriate assistance should be provided to help them improve their status;
• Land acquisition and resettlement should be conceived and executed as a part of the Project, and the full costs of compensation should be included in project costs;
• Compensation/rehabilitation assistance will be paid prior to ground levelling and demolition, and in any case, before an impact occurs.
The policy comprises three important elements:
I. Compensation to replace lost assets, livelihood, and income;
II. Assistance for relocation, including provision of relocation sites with appropriate facilities and services;
and
III. Assistance for rehabilitation to improve or achieve at least the same level of wellbeing with the project
as without it.
53. A project’s involuntary resettlement category is determined by the category of its most sensitive component in terms of involuntary resettlement impacts. The involuntary resettlement impacts of an
ADB-supported project are considered significant if 200 or more persons will experience major impacts,
which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their
productive assets (income generating). The level of detail and comprehensiveness of the resettlement
plan are commensurate with the significance of the potential impacts and risks.
4.7 Principles and Policies for the Project
54. Given the assessment, some provisions in the Law on Land Acquisition have been waived to make it
consistent with the principles of ADB’s Policy on Involuntary Resettlement as embedded in the
Safeguards Policy Statement (2009) and OM Section F1 (2010). Based on the above, the following
principles will be adopted for this LARP:
I. AP/AH impacts must be avoided or minimized as much as possible.
II. If impacts are unavoidable, the APs/AHs losing assets, livelihood or other resources will be fully
compensated and/or assisted so that they improve or at least restore their former economic and social
conditions.
III. Compensation will be provided at full replacement cost, free of depreciation, transfer costs or eventual
salvaged materials.
IV. Provincial Land Settlement Commission will facilitate changing of land use certifications of AF’s without fee charges.
V. Information on the preparation/implementation of a LARP will be disclosed to all APs and people’s participation will be ensured in LARP planning and implementation stages.
VI. Before taking possession of the acquired lands and commencing construction, compensation will be
paid in accordance with the provision described in this updated LARP. No land will be taken until the
legitimate user is compensated or rehabilitated as provided in this LARP.
VII. Lack of formal legal land title is not a bar to compensation or rehabilitation. A Grievance committee
including representatives of the APs will be established to resolve any conflicts which may arise during
the compensation process. Compensation measures will equally apply across gender lines and
vulnerable groups if any identified.
VIII. AP consultation will continue during the implementation of LARP.
IX. The full compensation of affected assets and the preparation of a compliance report by the Independent
Monitoring Agency will be a condition for initiating civil works.
4.8 Eligibility and Entitlements
55. The following categories of affected persons will be entitled to compensation and/or rehabilitation
benefits under the Project:
56. All owners of buildings,boundary walls, trees or other properties standing on the affected land.
4.9 Entitlement Matrix
72. The affected households are entitled for compensation of trees according the
Entitlement Matrix in the LARP. The compensation and rehabilitation entitlements for each affected
item established for the Project is detailed below in Table 4.1
Table 4.1: Entitlement Matrix
Loss Type Entitled Person Entitlements Responsibility
Agricultural/residential/ Commercial land loss
AP with title, formal/customary deed, or traditional land right as vouched by local Jirga, elders or Community Development Council
Cash compensation equal to replacement cost of crop lost plus cost of replacement seeds for the next season.
CPMO
Trees
Owners of Trees
Compensation for trees at negotiated and according to
replacement cost, the value
determined during census and impact assessment surveys. The right to salvage materials free of cost.
CPMO
Business losses by shop owners and employees
Business / shop owners (including informal settlers), employees
Cash compensation for net income loss for the duration of business stoppage (maximum up to 3 months for temporary loss and an equivalent of 6 months income for permanent loss). The compensation for business loss will be calculated based on tax receipts or when these are not available based on fixed rates (Fixed rates will be determined on the basis of prevailing wage rate of Afghanistan) Employees: indemnity for lost wages equivalent to three months income
CPMO
Transitional Livelihood allowance
All affected households loosing Residential /Commercial Structures
Relocated owners/renters will
receive a transitional allowance for
3 months in case of livelihood
Transitional livelihood allowance
will be computed on the basis of
prevailing wage rate of Afghanistan
CPMO
Relocation allowance
All affected households loosing Residential /Commercial Structures
Relocated owners/renters
(including informal settlers) will
receive a relocation allowance for
3 months. Relocation cost will be
calculated on the basis of
prevailing market rate.
CPMO
.
Loss of community, cultural, religious, or government sites
Community/ Affected Households in case of Temporary or permanent loss due to the Project activities
Conservation, protection and cash
compensation for replacement
(Schools, communal centers,
markets, health centers, shrines,
other religious or worship sites,
tombs). Cash compensation for
affected structures based on the
above structures entitlements
CPMO
Unanticipated
Impact.
Concerned
impacts.
10% provisions for unforeseen impacts have been made in the project Unanticipated impacts will be
documented and mitigated
based on the ADB Safeguard Policy Statement (SPS 2009)
CPMO
identifies and
mitigates
impacts as
required
Project related employment
Affected Persons(for Unskilled, Semi- skilled and Skilled)
Contractors should give priority to affected persons in project-related employment opportunities as drivers, carpenters, masons, clearing and digging work, and if possible as clerks or basic administration support staff.
CPMO
4.10 Assessment of Compensation
73. All the APs are entitled for compensation of trees as there is no any types of impacts except tree
removal in the ROW of canal.
74. Based on the community peoples’ agreement, it is considered that the whole area of affected lands is
owned by the Government. Compensation for the affected land therefore will not be applicable in this
case of obtaining the required land for physical implementation of Chardar irrigation scheme
improvement works. However, particular attention should be paid to the effective supervision of the
implementation activities in order to ensure that the improvement works are confined within the
construction limit.
75. Compensation provisions for APs suffering different types of losses are detailed below:
(i) Compensation for Trees: Affected trees will be compensated at the negotiated and replacement cost
value determined and recorded during CSS.
(ii) Compensation for Unforeseen Impacts:Unforeseen impacts will be documented and mitigated based
on the principles agreed in this LARP.
5. PUBLIC CONSULTATION AND DISCLOSURE
5.1 Consultation
76. Public consultation meeting conducted in all 3 villages under the project by participation of affected
peoples, community development councils (CDCs), village head, water user, Water used association
and other stakeholders. All stakeholders were free to speak in such meetings, which is evidenced by the
in-depth information provided. A total of 4 consultation meetings (three with men and one with women)
were organized and atotal of 54 people participated in the meetings.
Table 5.1: List of public consultation meetings for Chardara canal
Dates Location of Meeting No. Participants and Origin Gender
15 June 2020 Chardara village (13) Head canal area Men
18 June 2020 Yar Baqal (10) Mid canal area Men
25 June 2020 Pul Kamar (14) Tail canal area Men
25 June 2020 Chardara (17) Tail canal area Women
1. Details of consultation meetings and results are included in Appendix 3.
2. As well as to extract information on the socio-economic situation in the sub-project area, the meetings
provided an opportunity for stakeholders to consider options and state their opinions. Concerns and
requests raised by stakeholders are included below.
• Don’t change canal alignment; • Provide a solution to offtake problems;
• Provide a solution to canal erosion;
• Provide a solution to intake/headworks problems;
• Provide a solution to land slides into the canal;
• Provide a solution to wash problems;
• Improve canal lining to reduce water losses;
• Provide a solution to the misalignment of land & water levels in some places;
• Don’t interrupt irrigation water supply during construction;
• Compensate farmers for any crop damage due to temporary construction roads;
• Hire unskilled laborers locally;
• Contractor should work according to design;
• Compensate for tree removal at construction sites;
• Construct foot/vehicle bridges;
• Women stated that canal water is an important domestic water source, and requested water access points
are constructed for domestic water collection, laundry, and livestock watering.
• Stakeholders added that, during the implementation of the project temporary canals will be required for
diverting the water from the structure site as well as to provide irrigation water for water users.
Therefore, they all agreed to give the land if needed for the temporary canal, but that after completion
of the work the land which is used for the temporary canal should be brought back to its original shape.
• Stakeholders recommended that no compensation is made direct to APs for removal of trees, since trees
are on RoW and compensation may encourage false claims in the future. It was recommended that
compensation is instead made as a community contribution for building or enhancing community assets.
This could be used for construction of additional domestic or livestock access points, which are already
a task of the civil works contractor.
3. Details on the project, the impacts, entitlements and eligibility, and details of the GRM will be disclosed
to stakeholders via a short booklet local language.
4. Information on the project will continue to be disclosed to the public throughout the project duration,
e.g., via the ADB website, and via discussions between PIO staff and stakeholders.
5. The lead farmers, village leaders, mirabs and CDC chairmen agreed on the removal of those trees which
are planted in the RoW of the canal. They also agreed to assist in project implementation.
6. GRIEVANCE REDRESS MECHANISM - GRM
6.1 GENERAL
77. Efforts will always be in place to prevent grievances through ensuring consultation, communication and
coordination with the affected families (AFs), the community and local level authorities in general.
Notwithstanding, complaints are sometimes unavoidable and a grievance mechanism needs to be in
place to allow the APs to append complaints to Grievance Redress Committee (GRC). GRCs will work
for any grievances involving resettlement benefits and issues, including ensuring proper presentation of
grievances, and impartial hearings and transparent decisions.
78. During the consultation meetings APs were informed of their rights to voice and resolve concerns. Also
After the Approval of this LARP again through public consultations and distribution of the public
information booklet, APs will be informed that they have a right to file complaints to GRC on any
aspects of resettlement, or on another related grievance
79. It should be pointed out that a GRC does not possess any legal mandate or authority to resolve LAR
issues, rather acts as an advisory body or facilitator to try to resolve issues relating to resettlement
benefits including value of compensation for affected properties. Any complaints of ownership or other
suits, to be resolved by the country’s judiciary system, will not be resolved in GRCs. Should the APs
want to pursue legal recourse, SST/CPMO will ensure that support to prepare a case, assisted by the
supervision consultants. However, every effort should be exerted to avoid this alternative because it would entail loss of time and expenses on the part of the APs.
6.2 GRIEVANCE REDRESS COMMITTEE
80. A Grievance Redress Committee (GRC) has been formed in order to receive and facilitate the resolution
of affected peoples’ concerns, complaints, and grievances about the project’s LAR performance. As
already mentioned GRC does not possess any legal mandate or authority to resolve LAR issues, rather
acts as an advisory body or facilitate to try to resolve issues, for example, relating to value of
compensation for affected properties.
81. GRC is established at the project area. During LARP implementation and project implementation in
case of the absence of any of the members during the decision-making process, an appropriate candidate
will be nominated by the original representative. However, at least five members should execute a
session for grievance resolution. GRC is composed of the following members:
Proposed Measures to Address Grievance
82. Grievances will be addressed through the following steps:
• Grievance registration: Any aggrieved AP will first produce his/her complain/grievance in writing to
the Convener of the GRC. If the Aps are illiterate, they can explain their complain orally or can write it
by another person maybe CDCs head. In the same time, contact details have been provided during the
consultation sessions. Upon receipt of complaint(s), the Convener will organize a GRC hearing session
in his/her office within 15 days for resolution of the grievance(s), and preserve all related records,
proceedings, decision and recommendations. The verdicts will be conveyed to the concerned AP
through the respective PIO office in the province.
• Grievance processing: Queries and complaints that are clarified and resolved at the intake point are
closed immediately. If grievances are not resolved at the local level GRC, then complaints can be lodged
at the District Committee at the district level. The District Committee under chairmanship of the
respective District Governor will resolve the case within 15 days and inform the APs.
• Feedback provision: Receipt of grievances lodged in person or via phone will be acknowledged
immediately. Receipt of grievances received through a letter or e-mail or acknowledged through a letter
/ e-mail within 3 working days upon receipt by GRC coordinator at local level. In case the grievance is
not related to project activities or impacts generated due to the project implementation and cannot be
considered, the feedback will be provided to the complaining party specifying to which entity
(community or department as relevant) it has been forwarded.
• If the District Committee decision is unacceptable to the APs, they can register the complaint directly
to the PMO at Kabul within 1 month of receiving the response from the District Committee with
documents supporting their claim.
GRM: Central Level
• Following unsuccessful consideration of grievance by GRC at the district level complaint resolution
will be attempted at a central level through following steps.
• Grievance processing: If the District Committee decision is unacceptable to the APs, they can register
the complaint directly to the CPMO at Kabul within 1 month of receiving the response from the District
Committee with documents supporting their claim. The CPMO will then attempt to resolve the
grievance within 15 days and inform the APs.
• Feedback provision: If the grievance was resolved, the complaining party will be informed on the
outcome of grievance resolution. If grievance was not resolved by the GRC at central level, appropriate
information will be provided to the complaining party, including details why the case was not resolved.
• Should all the above three levels of grievance redress system fail to satisfy the AP, he/she may approach
the appropriate court of law for its resolution. The AP will be facilitated in this process by the SST.
Grievance Focal Points
Central Program Management Office (CPMO):
Mujeebullah Ahmadzai
Sr. Safeguard Manager
National Water Affair Regulation Authority (NWARA)
84. The existing CPMO within the NWARA, headed by a Program Director (PD), will have overall
responsibility for implementation of the LARP. Social Safeguards Team (SST) within the CPMO,
staffed by a National Social Safeguards Manager (NSSM), Social safeguard officer at the headquarter
who is assisted at the field level by the social safeguards specialist in the Project Implementation Offices
(PIO) and contractor social safeguard officer. The CPMO SST will be directly responsible for
implementation of the LARP by contractor, including public consultation and information disclosures,
monitoring, reporting and documentation of the process, in coordination with local communities and
shura institutions.
85. The national and international Social Safeguards Specialists under the implementaiotn supervision
consultant (ISC) will provide support to CPMO .
8. LARP BUDGET AND FINANCING
8.1 INSTITUTIONAL ARRANGEMENT
86. All funds required for compensating the affected HHs for loss of their properties or non-land asset including providing grants and allowances, will be allocated by the ADB.
8.2 BUDGET DESCRIPTION
87. Resettlement impact mitigation program under implementation of the Chardara will require a total
estimated amount of USD 19,727.37, out of which USD 17,933.37 is the direct compensation cost. USD
1,793.37 is kept as 10% contingency on the total direct cost to meet the cost of internal monitoring,
consultation and disclosure, administrative and other expenses.
88. Table 8.1 summarizes the estimated cost of LARP implementation for the Chardara. It should be
emphasized that this direct compensation cost estimate is derived from the inventory of survey.
89. The amount for compensation for tree removal will be included in the BOQ for the construction
contractor who will be tasked with paying this compensation before civil works can begin, fund for
compensation approved by ADB, annex 5.
Table 8.1: Summary of Cost Estimate and Budget
Compensation for Affected Assets & Compensation Number
of Trees
Unit Average
Rate (AFN)
Amount
AFN In USD
Compensation for Affected Assets
Compensation for Affected Sapling 176
(Number combined)
50 8,800 114.29
Compensation for Affected Medium trees 774
300 232,200 3,015.58
Compensation for Affected Mature Trees 346
3295 1,139,898 14,803.86
Total Direct Cost 1,380,898 17,933.73
Compensation for Vulnerabel
Aps. 0 0 0 0 0
Contingency 10% of the total direct cost
138,090 1,793.37
Total Estimated Resettlement Budget in US$ 1,518,987.35 19,727.11
Currency equivalent: AFN 77 = USD 1 as of January 2020.
9. IMPLEMENTATION SCHEDULE AND PREPARATORY ACTIONS
9.1 LARP IMPLEMENTATION SCHEDULE
90. Figure 2 presents the Implementation Schedule of the LARP. The earliest time for
financial resources for resettlement aspects of the project are expected to be available in October 2020.
The actual implementation of the LARP, particularly delivery of
compensation therefore may begin by the footing of September 2020. However, sometimes
sequence may change due to circumstances beyond the control of the project.
Figure 2: LARP Implementation Schedule
Task
2020
Jun Jul Aug Sep Oct Nov Dec
A. LARP Preparation
Preparation of LARP
Submission of Draft LARP for CPMO NWARA/ADB review
Submission of revised LARP addressing comments, if any
Acceptance of the LARP by CPMO/NWARA and ADB
Disclosure of the approved LARP
B. LARP Implementation
Allocation of LAR budget by Ministry of Finance
Preparation of vouchers
Compensation Payment
Preparation of Compliance Report by
Acceptance of CR by ADB
Public consultation and disclosure
Grievances Redress
Internal Monitoring
Commencement of Civil work
9.2 Preparatory Actions
91. CPMO/NWARA will begin the implementation process of the LARP immediately after its acceptance by the
ADB.
92. The amount for compensation for tree removal will be included in the BOQ for the construction contractor
who will be tasked with paying this compensation before commencement of civil works.
93. Compensation payment will be made directly to the APs. Payment will be made as a cash payment to the AP
in the presence of the mirab, CDCs, PIO representative, contractor and RBA.
94. Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this LARP.
95. The steps for the delivery of compensation for all eligible AHs/APs will be the following:
• Preparation of invoices: Invoices for each of the eligible AHs/APs will be prepared by CPMO. This document
entitles each of the AHs/APs to receive the amount indicated in the invoice.
• Delivery of the money by construction contractor: Contractor will provide the money in Kunduz and will
be paid to AHs.
• Payment: Each AH/AP will creat a bank account or will receive a cash for the whole amount of compensation
from the contractor in the presense of PIO, CDCs/ Mirab and RBA. In case of cheque, it will be issued against
the household head name. The AH/AP shall sign a document acknowledging the receipt of the whole
compensation and a confirmation that he/she has no longer any pending claim over the affected property. A
photograph shall be taken with the AH/AP receiving the compensation as record of proof and as part of project
documentation. In case the AH/AP not having a bank account, they will be supported from project in opening
bank account.
• Identity of Person: At the time of receiving the compensation cash, as this is remote area and with no access
to the city and due to less amount the AHs may not be able to open bank account., therefore the AHs/APs will
present their National Identity Card (NIC) and will get their compensation as cash in the present of Social
safeguard specialist, PIO coordinator, CDCs head and water user association. Persons without NICs will
have to explain to the pertinent authorities the reasons why they are not in possession of the NIC.
10. MONITORING, EVALUATION AND REPORTING
96. All planned tasks for implementation of the LARP will be subject to both internal and external monitoring to
assess the effectiveness and to provide feedback to CPMO/NWARA. Evaluation of the resettlement activities
will be resorted after implementation of the LARP to assess whether the resettlement objectives were
appropriate and whether they were met.
10.1. Internal Monitoring
97. Internal monitoring of all resettlement and consultation tasks and reporting to ADB will be conducted by the
SST within the CPMO. Also, the SST within the project consultants will conduct periodic review and
supervision mission during physical implementation stage. Internal monitoring report will then be integrated
by the CPMO with the overall Project Progress Report (PPR) for submission to ADB. However, the report will
include on progress in the activities envisaged in the implementation schedule with particular focus on public
consultations, accomplishment to-date, objectives attained and not attained during the period, problem
encountered, payment of compensation and level of satisfaction among APs, and record of grievances and
status of complaints.
10.3 Reporting
98. CPMO/PIO, supported by the social safeguards specialists of Implementation Supervision Consultant (ISC)
will supervise the implementation of the LARP and field level activities and prepare monthly reports on
resettlement activities and submit to the CPMO for review. Resettlement monitoring and compliance reports
will be sent to ADB along with regular submission of bi-annual social safeguard monitoring report SSMR for
review, clearance and disclosure through CPMO office.
ANNEX 1: PARTICIPANT LIST OF CONSULTAITON MEETING
Date: June-July 2020
Date Location of meeting umber of participant Gender
District Village
15 June 2020 Chardara Chardara village 13) Head canal area Men
18 June 2020 Chardara Yar Baqal 10) Mid canal area Men
25 June 2020 Chardara Pul Kamar 14) Tail canal area Men
25 June 2020 Chardara Chardara (17) Tail canal area Women
Total 54
ANNEX 2: ATTENDANCE LIST OF PUBLIC CONSULTAION MEETING, JUNE-JULY 2020
MEN’S PUBLIC CONSULTATION MEETING AGENDA AND QUESTIONNAIRE
A. Introduction
B. Opening remarks
Dear Participants, we thank you very much for sparing your valuable time for participating in this important community consultation session, regarding the proposed project <name>. As the first step of our survey and design work, we are conducting field surveys and consultations with you people to obtain your collective views, interests and concerns regarding the design and construction of this project. Please, participate actively in this consultation session so that we clearly understand your views, interests and concerns, and possibly incorporate those in the design and construction of the project.
C. Discussion of project
1. Are you aware of the proposed project? Y/N
2. Do you approve of the construction of the project? Y/N
3. If not, why not? (give reason/s):
4. Do you think the construction this project is needed by you? Y/N
5. If yes, what specific difficulties do you face without this project? (for example, difficulties with: irrigation, agriculture water rotation, water losses, social conditions)
6. What specific benefits or positive Impacts do you expect from this project? (for example, improvements in irrigation, agriculture, water rotation, water losses, social conditions)
7. Approximately, how many villages and their total populations could benefit from this project?
Number of villages/towns: ___ estimated population: ___
8. Do you think the construction of this canal could cause any negative impacts? Y/N
9. If yes, what specific negative impacts or losses to local people do you foresee?
10. Do you think the construction of this canal could require land acquisition or resettlement?
11. If yes, what assets of local people could be affected and how severe would the negative impacts be?
Affected property/asset Severity of negative impacts (tick)
Productive land (crop, orchard, pasture) Severe □ Moderate □ Minor□
Land in built-up area (house, shop, etc.) Severe □ Moderate □ Minor□
Built-up structures (house, shop, etc.) Severe □ Moderate □ Minor□
Standing crops and wood/fruit trees Severe □ Moderate □ Minor□
Loss of income (business, employment) Severe □ Moderate □ Minor□
Other (specify) Severe □ Moderate □ Minor□
12. Do you think owners of affected assets may oppose construction of this project?
13. What might they demand in exchange for their cooperation with construction of this project?
14. What suggestions you can make to avoid or minimize land acquisition and resettlement impacts?
15. What specific suggestion you can make regarding design and construction of this project? (for example, changes in location or alignment of civil works)
WOMEN’S PUBLIC CONSULTATION MEETING AGENDA AND QUESTIONNAIRE
1. Are you aware of the likely construction of the subproject?
2. What are your ideas about the construction of the subproject?
3. What are the major water-related problems for women’s activities, such as washing clothes?
4. What will be the positive impact for women of the subproject?
5. What modifications to the irrigation canals would be helpful (such as water collection, laundry, and animal watering points)?
6. Is the water you use for drinking clean and healthy or not? If not what are the problems and the reasons?
7. Where does your husband get water from? The irrigation canal or a tubewell? Do they get water from different places for different uses? (Drinking, washing, animals, watering the household garden)
8. Where do you wash your clothes? In the house? In the irrigation canal?
9. Are there times of the year when not enough water is available? If so, how do you manage?
10. What suggestions do you have regarding design and construction of this subproject?
11. What suggestions do you have to avoid or minimize the water problems you are facing?
PUBLIC CONSULTATION WITH WOMEN
Questions
Village specifications
Focus groups answers in different villages
Chardara village (Chardara
Canal)
13 participants
Yar Baqal village
(Sharawan Canal)
10 Participant
Are you aware of the likely
construction of Sharawan-Takhar
Canal?
No Yes
What is your ideas for construction of
Sharawan-Takhar Canal?
We are happy to have for
water, we really need for water
in our village
We do not have proper access
for water, we would be happy
to have this canal
What are the major problems
regarding access to water
for washing the clothes and other
activities of women?
We do not have access for
water and we would be happy
to have for water through
canal repairing
We have problem for washing
clothes and other activities ,
some time there would not be
any water in canal
If Sharawan-Takhar canal improve the
construction what will be positives
impact for women?
The construction of this canal
will have many impacts , we
well have access for water and
well and we well not have
water shortage
definitely will have impact,
because we do not have
access for enough water for
drinking and irrigation
If the canal construction is here will
be modifications to the irrigation
canals that would be helpful (water
collection points, laundry points, and
animal water points)?
it would facilitate a lot we are
using canal water for
irrigation, for drinking, for
washing clothes etc
Yes, why not, it will help us
for having access for drinking
water, irrigation water and
animals
is the water you use for drinking clean
and healthy or not? Of not what are
the problems. Reasons?
we are using for drinking for
washing clothes for animals
but it is not clean and safe in
any case we have to use this
water
yes we are using canal water
for drinking but it is not clean
Where does your husband get water
from? The irrigation canal or the tube
well? Or do they get water from
different places for different purposes
of drinking? Washing? Animals?
Watering the household gerden?
we are using from both canal
and wells
usually we are using canal
water, but some time using
from well
Where do you wash your clothes? In
the house? In the irrigation canal?
we are washing at home washing at home
Are there time of the year when there
is not enough water available? If so,
how do you manage?
from 12 month of the year, we
will have shortage of water in
the month of Saratan,Asad and
Mizan
from 12 months we will face
shortage of water in Jawza,
Saratan and Asad
What specific suggestions you can
make regarding design and
construction of this canal from
MoEW
We Suggest for ontime
construction of canal and
building stream from canal to
our house and which will
facilitate further access for
water and irrigation
we are suggesting for
construction of canal and
construction of stream for
overcoming of water issues
What suggestion you can make to
avoid or minimize water problems
which you are face along the time
from this canal
we need for wells we need of deep well
MEETING MINUTES
1.4 MINUTES OF THE MEETING-CHARDARA CANAL UPSTREAM, MIDDLE STREAM, MEN
Meeting with Momen Abad Canal Middle stream( head area), men
Meeting date & time: 15 June 2020 1:00pm to 2:30pm
Place:
Chardara Village
Topics:
Explanation about the project proposed structures, discussion about
resettlement, environmental and social impacts, community feedback concern
and recommendations.
Attending:
Proponents: TawoosWafa, National Environment Consultant, Muhabattullah,
Resettlement Specialist, Mohammad Shaiq, WUA executive members,
MirabBashi and landowners, Takhar, Province.
Stakeholders: per sign-in sheet below, 13 participants - Mirabs, landowners,
farmers, CDC representatives
Concerns raised by stakeholders
Explanation regarding the project in general, and the proposed structures
1. The meeting participants were provided with the necessary information
regarding the project intervention, implementation arrangement, implementation
nature, social and environmental impacts etc.
2. Stated that they are fully consulted in the selection of proposed structures, they
added that they were part of the preliminary survey and selection process, they
added that the selected structures are as per their desire and priority, they believed
that upon construction of the selected structures there will be tangible
improvement in irrigation infrastructure, in terms of availability of reliable water
for irrigation, increment of yield and enhancement of living standard of the local
communities.
Explanation of the potential social and environmental impacts resulting due to the implementation of the project. Beneficiaries cooperation and commitments for the smooth implementation of the project, access road etc.
3. The meeting participants were provided enough information regarding the
social and environmental impacts of the project especially the removal of some
non-fruit trees and small saplings.
4. Stated that, they are agreeing with the project and added that the value of the
project is big and important than the removal of some non-fruit trees.
5. Stated that, that they are fully committed to paving the way for smooth
implementation of the project like; giving access road if needed, and regarding
the overall project-related matters. They added, they will solve any potential
dispute if they occur, they also stated that they will allow the contractor for
making a temporary access road for the transportation of construction materials.
6. They added that they are eager for this important infrastructure project, and
they said that they will provide full support for the smooth implementation of the
mentioned project.
The meeting participants declared their full support and cooperation regarding
the project.
Suggestions and feedback of meeting participants, No interruption of irrigation water during construction
7. They requested that the contractor should maintain normal water flow in the
canal during construction and find an alternative solution for allowing water for
irrigation and other domestic usages.
Compensate farmers for crop damage due to temporary access road, material storage
8. Stated that, farmers should be compensated for damage to their crops, in case
it happened, due to temporary access roads for construction materials to each of
the proposed construction sites. The team stated that they did not have the details
of the compensation policy for such a situation, but they would report it up to the
Project.
Hire unskilled laborers locally
5. Stated that unskilled laborers should be hired locally from the immediate
project area, because local people are mostly jobless, on the other hand, they are
familiar with the tradition and culture of the people in the area. The team stated
that this would be done.
Minutes of the meeting-Chardar Canal Middle, Men
Meeting Chardar Canal Middle Men
Meeting date & time: 18 June 2020- 10:00am to 12:00pm
Place:
Yar Baqal village
Topics:
Explanation about the project proposed structures, discussion about
resettlement, environmental and social impacts, community feedback concern
and recommendations.
Attending:
Proponents: TawoosWafa, National Environment Consultant, Muhabattullah,
Resettlement Specialist, Mohammad Shaiq,WUA executive members,
MirabBashi and landowners, Takhar, Province.
Stakeholders: per sign-in sheet below, 9 participants - Mirabs, landowners,
farmers, CDC representatives
Concerns raised by stakeholders
Explanation regarding the project in general, and the proposed structures
1. The meeting participants were provided with the necessary information
regarding the project intervention, implementation arrangement, implementation
nature, social and environmental impacts etc.
2. Stated that they are fully consulted in the selection of proposed structures, they
added that they were part of the preliminary survey and selection process, they
added that the selected structures are of their first and foremost priority and upon
construction of the selected structures there will be tangible improvement in
irrigation infrastructure, in terms of availability of reliable water for irrigation
and increment of yield and enhancement of living standard of the local
communities.
Explanation of the potential social and environmental impacts resulting due to the implementation of the project. Beneficiaries cooperation and commitments for the smooth implementation of the project, access road etc.
3. The meeting participants were provided enough information regarding the
social and environmental impacts of the project especially the removal of some
non-fruit trees and small saplings.
4. Stated that, they are agreeing with the project and added that the value of the
project is big and important than the removal of some non-fruit trees.
5. Stated that, that they are fully committed in terms of paving the way for smooth
implementation of the project like; giving access road, if needed, and regarding
the overall project-related matters. They added, they will solve any potential
dispute if any, they also stated that, they will allow the contractor for making a
temporary access road for the transportation of construction materials.
6. They added that they are eager for this crucial infrastructure project, and they
said that they will provide full support for the smooth implementation of the
project.
The meeting participants declared their full support and cooperation regarding
the project.
Suggestions and feedback of meeting participants, No interruption of irrigation water during construction
3. They stated and requested that the contractor should maintain normal water
flow in the canal during construction and find an alternative solution for allowing
water for irrigation and other domestic usages. They also suggested for making
automatic gates for the intake of the Sharawan canal, because it is easy and
reliable to control the flow in case of any emergency.
Compensate farmers for crop damage due to temporary access road, material storage
4. Stated that, farmers should be compensated for damage to their crops, in case
it happened, due to temporary access roads for construction materials to each of
the proposed construction sites. The team stated that they did not have the details
of the compensation policy for this situation, but would report it up to the Project.
Hire unskilled laborers locally
5. Stated that unskilled laborers should be hired locally and from the immediate
project area, because local people are mostly jobless and they are familiar with
the tradition and culture of the people and area. Team stated that this would be
done.
Minutes of the Meeting: Chardara Canal Down Stream, Men
Meeting with Chardara Canal Downstream( head area), men
Meeting date & time: 25 June 2020 10-01:00 PM
Place:
Pul Kamar village in the Water User Association Office
Topics:
Explanation about the project proposed structures, discussion about
resettlement, environmental and social impacts, community feedback concern
and recommendations.
Attending:
Proponents: TawoosWafa, National Environment Consultant, Muhabattulah,
Resettlement Specialist, Mr. Shaiq Agriculture specialist, WUA executive
members, MirabBashi and landowners, Takhar, Province.
Stakeholders: per sign-in sheet below, 9 participants - Mirabs, landowners,
farmers, CDC representatives
Concerns raised by stakeholders
Explanation regarding the project in general, and the proposed structures
1. The meeting participants were provided with the necessary information
regarding the project intervention, implementation arrangement, implementation
nature, social and environmental impacts etc.
2. Stated that they are fully consulted in the selection of proposed structures, they
added that they were part of the preliminary survey and selection process, they
added that the selected structures are of their first and foremost priority and upon
construction of the selected structures there will be tangible improvement in
irrigation infrastructure, in terms of availability of reliable water for irrigation
and increment of yield and enhancement of living standard of the local
communities.
Explanation of the potential social and environmental impacts resulting due to the implementation of the project. Beneficiaries cooperation and commitments for the smooth implementation of the project, access road etc.
3. The meeting participants were provided enough information regarding the
social and environmental impacts of the project especially the removal of some
non-fruit trees and small saplings.
4. Stated that, they are agreeing with the project and added that the value of the
project is big and important than the removal of some non-fruit trees.
5. Stated that, that they are fully committed in terms of paving the way for smooth
implementation of the project like; giving access road, if needed, and regarding
the overall project-related matters. They added, they will solve any potential
dispute if any, they also stated that, they will allow the contractor for making a
temporary access road for the transportation of construction materials.
6. They added that they are eager for this crucial infrastructure project, and they
said that they will provide full support for the smooth implementation of the
project.
The meeting participants declared their full support and cooperation regarding
the project.
Suggestions and feedback of meeting participants, No interruption of irrigation water during construction
3. They stated and requested that the contractor should maintain normal water
flow in the canal during construction and find an alternative solution for allowing
water for irrigation and other domestic usages. They also suggested making
automatic gates for the intake of the Sharawan canal, because it is easy and
reliable to control the flow in case of any emergency.
Compensate farmers for crop damage due to temporary access road, material storage
4. Stated that, farmers should be compensated for damage to their crops, in case
it happened, due to temporary access roads for construction materials to each of
the proposed construction sites. The team stated that they did not have the details
of the compensation policy for this situation but would report it up to the Project.
Hire unskilled laborers locally
5. Stated that unskilled laborers should be hired locally and from the immediate
project area, because local people are mostly jobless and they are familiar with
the tradition and culture of the people and area., Team stated that this would be
done.
ANNEX 3: PHOTOGRAPHS OF PUBLIC CONSULTATION MEETINGS, JUNE-JULY 2020
ANNEX 4: PUBLIC INFORMATION BOOKLET
ISLAMIC REPUBLIC OF AFGHANISTAN
NATIONAL WATER AFFAIR REGULATION AUTHORITY
PUBLIC INFORMATION BOOKLET
Resettlement and Compensation
Panj Amu River Basin Project (PARB-P)
July 2020
1. Introduction and Impact Summary
1. The Panj-Amu River Basin Project Sector Project (PARB), Afghanistan Project will support improved water allocation and availability, enhanced on-farm water management, and protection of watersheds in the Panj-Amu River basin, through construction of water conveyance and irrigation infrastructure at 21 priority subprojects (construction costs approximately $50 million); the establishment, strengthening, and support of subproject water user associations (WUAs) and irrigator associations (IAs); training on on-farm water management and improved agronomic techniques; implementation of watershed management plans at sites adjacent to the priority subprojects; and improved basin water resources planning and management.
2. Since 2004, the European Union (EU) has supported the Government of the Islamic Republic of Afghanistan (GoIRA) in its reconstruction efforts by funding integrated water management programmes in the Panj Amu River basin. The Qulbars-Shorab subprojects continues this EU support in partnership with ADB as co-financier and administrator. This approach aims to improve Government’s ownership of fund management and conform to EU policy in Afghanistan of moving funding on-budget or into co-financing arrangements, and to increase sustainability.
3. The importance of the PARB Project is in its impact on the well-being of rural communities in the basin, and in its support for Afghanistan’s sector investment plan, the $1.1 billion National Water and Natural Resources Development Program.
4. Census and Socioeconomic Survey data demonstrate that implementation of the Chardara canal will
cause involuntary resettlement impact on17 households (HHs) with a total of about 205 affected persons
across the whole project area.
5. However, project implementation will not cause any major impact. At the same time, the impact on the
income of the affected people will be less than 10% of the total income, i.e., no household will lose
more than 10% of his/her productive asset. A summary of impact is presented in Table 1.
Table 1: Summary of Impact under the Chardara canal
ype of Impact Magnitude of Impact
ected Households and Persons
Number of Affected Households ouseholds
Number of Affected Persons (APs) 205 Persons
Affected Male APs 105 Persons
Affected Female APs 100 Persons
ected Assets
Number of Affected Trees (Grown on Govt. Land) 1081 Numbers
6. To address this resettlement impact, the Government has prepared this Land Acquisition and
Resettlement Plan (LARP), complying with the existing Law on Managing Land Affairs of Afghanistan
and the ADB’s safeguard requirements on involuntary resettlement under the Safeguard Policy
Statement (2009), adhering to the principles and procedures outlined in the Resettlement Framework
(RF) adopted by the Government for the Panjj Amu River Basin Project.
7. Chardara improvement works have been planned to be carried out within the available land owned by
the government along the existing canal alignments. However, in the course of CSS survey, it was found
that the people residing adjacent to the canal alignments are using this land over the years and benefiting
from the land commonly by planting trees.
2. Mention should be made that the amounts or the extent of land that will be obtained for Compensation
Eligibility and Entitlement
8. There are only trees which are affected due to project. The entitlement provisions for APs suffering
different types of losses and for rehabilitation allowances are:
• Compensation for Trees: compensation for trees removal has been calculated based on replacement
cost. The trees which are to be removed are non-fruit trees which are used for fuel wood, and the
compensation will be paid based on their dry wood.
• Compensation for Unforeseen Impacts:Unforeseen impacts will be documented and mitigated based
on the principles agreed in this LARP.
• Compensation for vulnerable people (Aps living under poverty line): compensation for Aps which
are determined as Aps who are living under poverty line.
3. Public Consultation and Disclosure
9. This LARP has been formulated through a process of active participation of the affected persons and
their community. The concerns and suggestions of the community people integrated through extensive
consultation during the CSS. The works of implementing the LARP will be carried out by the CPMO
within NWARA and the social safeguards specialist within the Implementing Supervision Consultant
(ISC). The LARP will be disclosed to the affected community after it is approved by NWARA and
ADB. This Information Booklet will be translated in local language and will be disclosed to APs. At
the time of its implementation, consultation will be carried out with the community to resolve any issue
that might crop up.
10. Chardara LARP cost estimate has included the compensation for the AHs for their affected trees. CPMO
SST and the SST within Implementing Supervision Consultant (ISC), will carry out this task in the
field.
4. GRIEVANCE REDRESS MECHANISM
11. Through public consultations and distribution of the Public Information Booklet, APs
will be informed that they have a right to file complaints to Grievance Redress Committee
(GRC) on any aspects of compensation or on any other related grievance. It should be
pointed out that this committee does not possess any legal mandate or authority to resolve
LAR issues, rather acts as an advisory body or facilitator to try to resolve issues between the
affected household and the NWARA/CPMO. GRCs will review grievances involving in all
resettlement benefits. Any complaints of ownership or other suits, to be resolved by judicial
system, will not be resolved in GRCs.
12. GRC is proposed to be formed at the project area. In case of the absence of any of the members during
the decision-making process, an appropriate candidate will be nominated by the original representative.
However, at least five members should execute a session for grievance resolution.
Proposed Measures to Address Grievance
13. Grievances will be addressed through the following steps:
14. Grievance registration: Any aggrieved AP will first produce his/her complain/grievance in writing to
the Convener of the GRC. Upon receipt of complaint(s), the Convener will organize a GRC hearing
session in his/her office within 15 days for resolution of the grievance(s), and preserve all related
records, proceedings, decision and recommendations. The verdicts will be conveyed to the concerned
AP through the respective PIO office in the province.
15. Grievance processing: Queries and complaints that are clarified and resolved at the intake point are
closed immediately. If grievances are not resolved at the local level GRC, then complaints can be lodged
at the District Committee at the district level. The District Committee under chairmanship of the
respective District Governor will resolve the case within 15 days and inform the APs.
16. Feedback provision: Receipt of grievances lodged in person or via phone will be acknowledged
immediately. Receipt of grievances received through a letter or e-mail or acknowledged through a letter
/ e-mail within 3 working days upon receipt by GRC coordinator at local level. In case the grievance is
not related to project activities or impacts generated due to the project implementation and cannot be
considered, the feedback will be provided to the complaining party specifying to which entity
(community or department as relevant) it has been forwarded.
17. If the District Committee decision is unacceptable to the APs, they can register the complaint directly
to the CPMO at Kabul within 1 month of receiving the response from the District Committee with
documents supporting their claim.
GRM: Central Level
18. Following unsuccessful consideration of grievance by GRC at the district level complaint resolution
will be attempted at a central level through following steps.
19. Grievance processing: If the District Committee decision is unacceptable to the APs, they can register
the complaint directly to the CPMO at Kabul within 1 month of receiving the response from the District
Committee with documents supporting their claim. The CPMO will then attempt to resolve the
grievance within 15 days and inform the APs.
20. Feedback provision: If the grievance was resolved, the complaining party will be informed on the
outcome of grievance resolution. If grievance was not resolved by the GRC at central level, appropriate
information will be provided to the complaining party, including details why the case was not resolved.
21. Should all the above three levels of grievance redress system fail to satisfy the AP, he/she may approach
the appropriate court of law for its resolution. The AP will be facilitated in this process by SST.
5. Budget Description
22. Resettlement impact mitigation program under implementation of the Chardara will require a total
estimated amount of USD 17449.29, out of which USD 15862.3 is the direct compensation cost. USD
1586.30 is kept as 10% contingency on the total direct cost to meet the cost of internal monitoring,
consultation and disclosure, administrative and other expenses. Table 8.1 summarizes the estimated cost
of LARP implementation for the Chardara subproject. It should be emphasized that this direct
compensation cost estimate is derived from the inventory of survey.
23. Contact Details for Inquiry
16. For further information about the project as a whole, and/or the LARP for the Chardara under the PARB-P,
please contact the CPMO/NWARA at the address given below.
Central Program Management Office (CPMO):
Mujeebullah Ahmadzai
Sr. Safeguard Manager
National Water Affair Regulation Authority (NWARA)
