Resettlement policy framework and specific resettlement action plan


Elements of Project that Affect Land Acquisition2



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1.4Elements of Project that Affect Land Acquisition2


For the areas where the Project involves construction of open IDs, the Project Implementation Unit (PIU) prepared the first full list of affected farms. Based on extensive socio-economic surveys and farm interviews, a detailed inventory of land that each farmer will lose was prepared, including the number, type, and age of the trees; as well as the type and amount of standing crops, vegetables, and orchards the farmers had in 2008. There were 37 farms to be affected, of which 36 were leaseholder and one was a small plot (a garden of 0.16 Ha)3. All farmers were informed of the project and possible land acquisition4. A full Resettlement Action Plan (RAP) was prepared for this segment of the Project and is included in this document. A budget for Resettlement Policy Framework (RPF), including the full budget for the component of land acquisition on 37 farms, is presented in section 18 of this document. Elements of the remaining impacts are addressed through the creation of a special Fund that sets aside resources for compensation for economic displacement, as well as for administration and monitoring/evaluation purposes.
Although the extensive rehabilitation and repair works under the Project will affect more than 37 farms, two factors make it difficult to identify these additional farms and prepare an inventory of affected assets. First, the lack of in-farm roads may require the use of machinery in parts of the affected plots that are not directly subject to land take; as a result, the specific impacts on land and standing crops can be identified only during the course of Project implementation. Secondly, although information on the first group of farms was available at the time of Project design, the initiation of the government’s farm consolidation process made the identification of affected assets for the remaining farms impossible (see Annexes 1 an 2) because the boundaries of leasehold farms have changed, and are still changing. Until the farm consolidation process is complete, it will not be possible to obtain information on which farmers' land will be affected. Thus, while the broad boundaries of the Project area are known, the affected assets will only be identified during Project implementation. When they are identified, the Project’s land acquisition process and the mitigation of adverse impacts on economic displacement will be subject to the policies and principles described in this document.

2Potential impacts

2.1Project components and activities that give rise to resettlement


The Project interventions are primarily to improve drainage and off-farm irrigation systems that are largely “public goods.” The project does not include on-farm investments. The Project components consist of the following:
Component A: Improvement of Irrigation and Drainage Network This component aims at addressing the problem of high groundwater levels by financing improvements in the surface drainage network and irrigation system as well as the installation of vertical drainage wells.

Component B: Institutional Strengthening and Agricultural Development Support. This component covers institutional strengthening support to public and private institutions/organizations involved in the enhancement of water resources management (I&D system O&M, water utilization) and agriculture production in the project area. The component would finance training and study tours, outreach demonstration plots, field and O&M equipment, laboratory, IT and office equipment, and institution and training support consultancy services.

Component C: Project Management and Audit, and Monitoring and Evaluation of Project Impact, consisting of operational expenditures for project management, consultancy services for auditing project expenditures, and for the M&E of project impacts, and for the preparation of a future project.

Component A is by far the largest of these and directly related to WB OP 4.12 on Involuntary Resettlement. The main works of this Component and potential linkages with the OP 4.12 are summarized in Table 1:



Table 1. Suggested new and rehabilitated infrastructure and links to the resettlement issues



    Construction/Rehabilitation works expected

    Potential/probability of

    Leasehold farms and households land acquisition

    Resettle-ment of people, or

    damage to immovable assets



    Temporary

    Permanent



    Open interceptor drains: construction 24.9 km

    Yes

    Yes

    No



    Subsurface horizontal drainage (SHD): cleaning / repair – 230 km; new 100 km

    Yes

    No

    No



    Drains: rehabilitation of off-farm and on-farm – 1 150 km

    Yes5

    No

    No



    Canals: rehabilitation of off-farm and on-farm – 2 500 km

    Yes6

    No

    No



    Yes7

    No

    No



    Vertical Drainage Wells (VDWs): rehabilitation, including mechanical and electrical components – 240 units.

    No

    No

    No



    Pressure relief wells (PRWs) and Artesian wells (Aws): new - 1 420 pcs.

    No

    No

    No



    Cross regulators and outlets: repair of off-farm and on-farm - 625 pcs.

    No

    No

    No



    Cross regulators and outlets: new off-farm and on-farm – 265 pcs.

    No

    No

    No



    Water measuring structures: new - 750 units

    No

    No

    No



    I&D culverts and siphons: repair – 450 units

    No

    No

    No

The implementation of the Project will not require physical resettlement; rather, it will have some adverse impacts on standing crops and thus cause economic displacement. The impacts will be more prominent along the ID, affecting 37 farmers. As mentioned, extensive detailed surveys were carried out with these farmers and an inventory of their affected assets has been prepared. This document incorporates the full RAP completed for the ID area and the broader resettlement policy framework that covers the remaining works.
The construction and rehabilitation works are highly complex and require the use of various types of heavy machinery. The use of the machinery within the existing farms may result in unavoidable yet minimal damage to standing crops. However, other than the construction of IDs, the works would involve temporary economic displacement. Most of the Project components will not involve permanent and/or temporary impacts on farm land and/or standing crops.
Construction of open IDs on 37 farms (25 km) will involve extensive work in individual leasehold farms. New IDs are expected to be relatively wide open drains (canals) of 5 meters deep and 10 meters width. The construction and further maintenance of the drains also will require reserving up to 10 meters of land from each side of the drain. Preliminary calculations show that about 42 hectares of land will be used permanently to install 25 km of proposed IDs. The excavation works and the necessity to store the excavated soil will require an additional 10 meters of land from each side of ID, or 25 ha of land on a temporary basis. Thus, considering the scope of the works, the land acquisition requirements for this major component of the Project will be 70 hectares, of which 42 hectares will be permanent. These drains will discharge into the existing network. The location and scope of works are shown in “Feasibility Study Working Paper 6: Irrigation and Drainage” [MMTS, 2008f].
There will be 6 IDs (8 km) constructed in the Altyaryk raion, 13 IDs (15 km) in Bagdad, and 2 IDs (2 km) in Rishtan district, as shown in Maps 2-5 below.
Figure 2. Interceptor drains location and characteristics in Altyaryk district



Figure 3. Interceptor drains location and characteristics in Bagdad district



Figure 4. Interceptor drains location and characteristics in Rishtan district



Figure 5. Interceptor drains location within the Project Area

The construction of subsurface horizontal drainage (SHD) will involve 100 km of subsurface drains to improve the situation on 1000 ha of land. Closed drainage installation will require specialized excavators to dig a ditch (1 m wide and 3-5 m deep) to place perforated plastic of pipe of 100mm pipe; thereafter the ditch will be covered. Drainage pipes will have to be installed in parallel lines every 100-150 mt. Thus, installing closed drains on 1 ha plot (100m x 100m) will require digging 6-10 parallel ditches and installing 1 km of pipes. Thus, the impacts on the affected farms will be significant. The area over the ditch will be levelled and can be used for cultivation but not for planting of trees. It may cause temporary land acquisition/loss of incomes for one season for affected farmers. The impacts can be minimized through timely information provision to the farmers and careful scheduling of construction activities.


Initially, the SHD pipes have been proposed for the north of Baghdad raion and the north of Rishtan raion. For Bagdad, the loamy soils allow a typical drain spacing of 90 m whereas in Rishtan the spacing can be increased to 120 m, thus reducing the requirement for land acquisition8. Later, the specialists changed the location of SHD slightly to the southwest and in January 2009 the preliminary location of SHD has been proposed in sectors 4, 9-11, and 14-15 in map 6.

Figure 6. Preliminary location of SHDs.



Note: SHD location is intended to be to the south from the bold red line.

The details of the relevant works subsequent to the preparation of the Feasibility Studies are not available. However, it can be assumed that the construction of 100 km of new SHDs will require only 3 hours for the construction per km if specialized layer machinery is used and 15 days if partially mechanized procedures are adopted. Accordingly, the width of the ditch will vary from 1 m to 3-5 meters with pipes at a depth of 2.5 m. Consequently 1 meter of SHD installation may require a spacing of up to 20 m width of lands of leasehold farmers, and up to 200 Ha of lands will be temporary occupied. It is expected that the work within each farm will take a short period of time and the farmers would be able to plant the temporarily affected areas almost immediately.


The Feasibility Study (FS) shows that inter farm drains typically show signs of bank failure. Many banks stand vertical. The beds of drains are flat and the drains are narrow. The steep banks may fail under the surcharge of an excavator and bed deepening may cause further failure, thus widening the collector. If drain side slopes are battered back to 1 in 1.5 or 1 in 2, this would involve significant earthwork quantities and land take. On a majority of drains, fields are planted right up to the edge of the collector. This is contrary to standard practice in Uzbekistan, and irrigation so close to the collector adds to the instability of the side slopes. Nevertheless, in such situations, the standing plants will be affected and farmers will have to be compensated.
In addition, in some cases, there is no room for excavators to clean the drains from the bank without passing on cropped land; there is also no room to place spoil apart from on agricultural land. Thus collector deepening may reduce the area of agricultural land. The FS shows that in the Bagdad pilot area the collector density is 60m/ha; if a 10m strip of agricultural land alongside each collector and irrigation canal is used, about 7.5 percent of land in the affected area will have to be taken by the Project.9 The details of the relevant rehabilitation works will be clear at the later stages of Project implementation. Thus it is impossible to assume the scale of this temporary land acquisition and the extent to which the state-owned and privately held property will be affected, to allow the preparation of a full scale RAP with a detailed compensation budget. As a result, the policies, principles, and mechanisms described in the following chapters of this RF document will be used if land is acquired from leasehold farmers or dehkans.
The two other rehabilitation activities (rehabilitation of 1,150 km of existing off-farm and on-farm drains, and 2500 km of canals) might also require temporary land acquisition. Despite the fact that the National Land Code prohibits to use of the reserve lands along canals and drains, households and farmers might be using these for agricultural activities or for planting poplar, fruit, and mulberry trees, as well as other crops. Some farmers plant seedlings to ensure rapid growth, others may cultivate wheat, cotton, or vegetables, and still others may plant poplar and/or other trees. While this activity severely threatens the sustainability of I&D infrastructure, shortages of water creates incentives for illegal planting. Poplars are not bought and sold; they are used by families often for cooking energy. Seedlings are replanted elsewhere in farms once they grow. Wheat, cotton, and other crops are harvested periodically. Mulberry trees have no commercial value because households do not breed silkworm cocoons.

No information is yet available on the list of the drains to be rehabilitated. Although there are variations within the regions, construction of new drains and the extensive rehabilitation would have involved 4,000 leasehold farmer families that lived in the 3 raions in 2007. It now appears that the number of leasehold farms is substantially reduced to 1,800 as a result of the Government’s optimization process. The drains and rehabilitated infrastructure will be unevenly distributed among the affected provinces. Leasehold farmers will lose different amounts of land; at the same time, each farmer will lose a different proportion of his land. Almost none of the 88,000 dehkan farmers are expected to be adversely affected.




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