Resettlement policy framework and specific resettlement action plan


Provision with housing, objects of infrastructure, and social services



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11Provision with housing, objects of infrastructure, and social services


The Project will not affect settlements or homes; it will therefore avoid physical resettlement. Thus, there is no need to develop RPF activities aimed at provision of housing, infrastructure, and facilities for social services.

12Environmental protection and management


Measures for protection and sustainable use of environment shall be developed within the framework of the EA of the Project.

Besides, at the stage of land selection for construction works, Geocadastre will determine the necessity and scope of activities on restoration of land for farming activity, including removal and temporary storage of topsoil, and shall determine the need in sanitary and water-protection zones around facilities being constructed and the rules and restrictions to be followed within such perimeters.

According to the requirements of the Land Code and nature protection legislation, the oblast State Committee for Nature Protection will carry out the environmental examination, which will assess the impact of facilities being put into operation and that of technologies being used during construction process, and shall, if necessary, implement measures towards rational use and protection of lands. It is prohibited to put into operation facilities and implement technologies without ensuring measures for protecting land from degradation or damage, and positive environmental assessment.

13Public participation


Participation of affected leasehold farmers has been assured at the outset of the first stage of the Project. The first phase of the SA, conducted in 2007, aimed at the analysis of farmers’ views on potential temporary or permanent acquisition of part of their lands. During the second phase, discussions were conducted with farmers who will be affected by Project-related construction works. Extensive discussions were also held with representatives of all State agencies responsible for land acquisition activities. The following problems were discussed:

  • Acceptability of the decision on land by farmers, and the impact of such measure on farms;

  • Preferred compensation options; and

  • Compensation payment schemes.

During discussions, most farmers agreed that measures on land acquisition for construction of drainage facilities are necessary and inevitable. Discussion participants also showed understanding that in conditions of shortage of agricultural land in the region, provision of replacement land will be highly problematic. Therefore, payment of fair and economically justified cash compensations for damages incurred, including lost future income, is considered to be an acceptable measure. It should be noted that many farmers are ready to waive their right to legitimate compensation if measures to rehabilitate drainage are successful and lead to increased productivity and income.

Nevertheless, under WB OP 4.12, any persons who suffer any adverse financial effect during the Project, regardless of their status and legality of their affected crops, shall be entitled to compensation and assistance from the Project, provided that (a) their income decreases owing to Project activities (cutting trees), and (2) they provide proof that these trees belong to them.

Participation of the public in confirming the rights for crops and trees within reserve areas will be very important because the only way for people to prove ownership for the crops/trees is by referring to their neighbors/makhalla committees.

Forms and amounts of individual compensation will be agreed upon with affected farmers to be resettled at the stage of selection of construction sites. Legislative procedures require participation of all land users or their representatives in decision making on selection of lands to be exempted, on land acquisition, during land marking plan preparation, etc., and on the amounts of damages and losses. Farmers will have a sit in the evaluation commission, and certificate of agreement for land acquisition may not be signed without their consent.


14Integration with host communities


The Project does not envisage any activities that could affect settlements or housing; thus, there will be no physical resettlement. Therefore, there is no need in development of activities aimed at integration into accepting communities.

15Grievance procedures (procedures for consideration and resolution of complaints)


During consultations and discussions, it was discovered that farmers to be resettled do not foresee any serious reasons for conflicts and complaints during land acquisition. It must be emphasized that the risk of complaints will be reduced to a minimum owing to the fact that the farmers to be resettled will be involved in the evaluation commission and will have an opportunity to reach consensus during joint discussions. Should such a consensus not be reached, farmers may submit prejudicial claims to local authorities (district and regional khokimiyats) against the decisions of the evaluation commission. If local authorities also fail to satisfy legitimate claims of farmers, the latter may appeal the commission’s decisions in court, in accordance with established procedures.

16Organizational responsibilities for implementing resettlement


The Project will not affect settlements or housing; it will not resettle any households. Therefore, there is no need in development of operational measures on population resettlement.

17Implementation schedule


The preliminary schedule of project activities, which will require temporary and permanent acquisition of land and payment of compensation, is presented in the Table below:

Type of works

1st year

2nd year

3rd year

4th year

5th year

6th year

Construction and deepening of intersection drains






















Rehabilitation and cleansing of the existing SHD



















Construction of new SHD



















If rehabilitation of on-farm drainage wells, flumes and canals, either coated or uncoated, requires expansion of canals and collectors, compensations to farmers have to be paid as well.

The Project envisages implementation of several types of works which will be administered stage-by-stage in different administrative districts. It is important to remember that the main compensation-related procedures will be adopted at the district level. For this reason, detailed land acquisition plans have to be prepared separately for each stage of works and for each district, while following Project’s financing timelines. The schedule for the first segment of RF is given presented in the Table below.



Schedule of RF implementation for leasehold farmers affected by IDs

Months

1

2

3

4

5

6

7

8

9

10

11

12

Appointment of a Resettlement Specialist, responsible for detailed resettlement plan. Collecting documents and maps for selection of construction sites





































Submitting an application to regional khokimiyat for the selection of land plots





































Setting up regional land acquisition commission and district evaluation commission





































Coordination of land plot selection





































Informing interested organizations about construction plans (border guards, railways, communication services, etc.). Approval of construction plans





































Approval of compensation recipient lists, and types of compensation.





































Informing land users about upcoming land acquisition, providing maps, written documentation and full information about construction plans, dates of beginning and expected completion, information about land acquisition procedures, compensations, mechanisms for submission of grievances, legal redress. Consideration of grievances and satisfaction of judicial claims, if any.





































Informing affected households, through makhalla committees and WUAs, about construction plans and expected damage to crops and trees in acquisition area along canals. Providing full information about construction plans, dates of beginning and expected completion, information about land acquisition procedures, compensations, mechanisms for submission of grievances, legal redress. Consideration of grievances and satisfaction of judicial claims, if any.





































Conducting inventory of affected resources of persons, whose land and property are to be acquired. Preparation of documents supporting the right of ownership for, and full disposal of, the property. Preparation of calculations for compensations. Approval of sizes and types of compensations with respective State bodies and eligible land users.





































Preparation of Certificate of land plot selection in the district khokimiyat





































Preparation of Certificate of land acquisition in the regional khokimiyat





































Collection of documents for acquisition of land for construction. Submitting an application for acquisition of land for construction





































Coordination of acquisition of land for construction





































Preparation of Certificate of Land acquisition at the local levels





































Beginning of financing





































Payment of compensations





































Preparation and coordination of the Land acquisition plan





































Preparation of Certificate of landmarking in the district khokimiyat





































Preparation of Certificate of the right for land use for the Contractor





































Changing land and cadastre documents





































Internal monitoring





































External monitoring





































The coordination of land acquisition with all interested parties is a labor and time consuming process. Even in the absence of disputes and conflicts, in terms of consideration and approval of documents (if national applications processing standards are observed), pre-construction procedures would take about 12 months. Given the high interest of local authorities and farmers in Project implementation, the time requirements may be reduced; however, even under the most optimistic scenario, land acquisition implementation would not be completed sooner than 8 to 10 months.


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