Upgrading of Baku Shamakhi Road - The World Bank
Preparation of detailed design, bidding documents and resettlement action plan for upgrading of Baku-Shamakhi Road
Final Abbreviated Resettlement Action Plan, Section 1, km 44+600 – 67+500
October 2012
Revision Schedule
Final Abbreviated Resettlement Action Plan
October 2012
|Rev |Date |Details |Prepared by |Reviewed by |Approved by |
| |31 May 2012 |Final |Tanya Romanenko | | |
| | | |RAP Team Leader | | |
| | | | | | |
| | | | | | |
| |07 August 2012 |Final rev 2 |Tanya Romanenko |Simon Roberts |Martin Edge |
| | | |RAP Team Leader |Project Manager |Project Director |
| |20 October 2012 |Final rev 3 |Tanya Romanenko |Simon Roberts |Martin Edge |
| | | |RAP Team Leader |Project Manager |Project Director |
Limitations
URS Infrastructure & Environment UK Limited (“URS”) has prepared this Report for the sole use of Azerroadservice OJSC of the Ministry of Transport (“Client”) in accordance with the Agreement under which our services were performed (Contract For Consultants’ Services; Azerbaijan Highway project II Additional Financing IBRD Loan No.7516AZ; Selection of widening alternatives, preparation of detailed design and bidding documents, resettlement action plan for upgrading of Baku-Shamakhy road, section of Baku-Shamakhy-Yevlakh; dated 03/12/2010). No other warranty, expressed or implied, is made as to the professional advice included in this Report or any other services provided by URS. This Report is confidential and may not be disclosed by the Client nor relied upon by any other party without the prior and express written agreement of URS.
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Table of Contents
1 Project Background 8
2 RATIONALE FOR PREPARATION OF ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) 9
3 OBJECTIVES AND METHODOLOGY OF THE ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) 11
3.1 ARAP OBJECTIVES 11
3.2 ARAP METHODOLOGY 11
4 CATEGORIES OF RESETTLEMENT AND LAND ACQUISITION IMPACTS 12
4.1 SUMMARY OF KEY IMPACTS 12
4.2 UNAVOIDABLE IMPACTS 15
5 PROJECT AFFECTED AREA (PAA) 16
6 PROJECT AFFECTED PEOPLE (PAPs) 17
7 LEGAL FRAMEWORK 20
7.1 NATIONAL LEGAL FRAMEWORK 20
7.2 WORLD BANK OP 4.12 21
7.3 GAP ANALYSIS BETWEEN AZERI LAWS AND REGULATIONS AND THE WORLD BANK OP 4.12 22
8 ELIGIBILITY CRITERIA AND COMPENSATION VALUATION 24
8.1 IDENTIFICATION OF ELIGIBILITY 24
8.2 PRINCIPLES OF COMPENSATION 24
8.3 VALUATION AND COMPENSATION METHODOLOGY 25
8.3.1 COMPENSATION FOR LAND 25
8.3.2 CROP COMPENSATION 25
8.3.3 FOR FRUIT TREES AND PERENNIAL CROPS 25
8.3.4 COMPENSATION FOR BUILDINGS AND STRUCTURES 25
8.3.5 COMPENSATION FOR SACRED SITES 26
8.3.6 COMPENSATION FOR PHYSICAL RELOCATION 26
8.3.7 COMPENSATION FOR SEVERE IMPACT 26
8.3.8 COMPENSATION FOR PEOPLE WITHOUT LEGAL LAND RIGHTS 26
8.3.9 COMPENSATION FOR LOST/ DISRUPTED INCOME 26
9 ENTITLEMENT MATRIX 28
10 IMPLEMENTATION PROCESS AND RESPONSIBILITIES 29
10.1 PRINCIPLES OF LAND ACQUISITION AND RESETTLEMENT 30
11 GRIEVANCE REDRESS MECHANISM 31
11.1 LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS 33
12 MONITORING & EVALUATION (M&E) 34
12.1 INTERNAL PERFORMANCE MONITORING 34
12.2 EXTERNAL IMPACT MONITORING 34
13 PUBLIC CONSULTATION AND DISCLOSURE 36
14 ARAP IMPLEMENTATION ACTIVITIES TIMETABLE 40
Annex 1: Guiding Questions for Focus Group Discussions 41
Annex 2: Questions for Semi-Structured Interviews 43
Annex 3 – Household Survey Questionnaire 48
Annex 4: Verification of the Centreline and ROW against the Cadastral Mapping 56
Annex 5: The Survey of this Potentially Affected Household 57
EXECUTIVE SUMMARY
The Government of Azerbaijan (GoA) is implementing the Highway III Project (“the Project”) with financial support of the World Bank that will improve several segments of a highway to the west and south of city of Baku, the country’s capital. In particular, the Project will include improvement and rehabilitation of the existing Baku-Shamakhi road, which will be mostly limited to widening of the existing two lane road to a four lane road between Baku and Shamakhi over a distance of 71,4 km. The road is classified as Category II road with a right-of-way (ROW) of 60 meters, i.e. 30m either side of the centre-line.
It was decided that three section-specific Resettlement Action Plans (RAPs) – Section 1, 2 and 3 will assess section differentiated resettlement and land acquisition impacts and will be prepared prior to the commencement of civil works, thus providing compensation and rehabilitation measures for all Project-Affected Persons (PAPs), as defined by the World Bank OP 4.12, the guiding safeguard policy for this Project. Acquisition of land and other assets will take place only after all compensation and rehabilitation measures are defined in the relevant section specific RAPs.
This ARAP has been based on: (a) Resettlement Policy Framework (RPF) prepared by Scott Wilson in 2009; (b) household survey of affected households in 2 settlements adjacent to the ROW – Dzhangi and Dzheirankechmaz carried out in December 2011; (c) community consultations carried out Dzhangi and Dzheirankechmaz in December 2011; (d) cadastral mapping and inventory of affected assets undertaken in March 2012. In addition, data on unit prices of the land and other assets within the Project affected area was obtained from the Report on “The Survey on Market Price of Land along Baku-Shamakhi Highway” prepared by the World Bank team in February 2010.
All land along Section 1 is state owned, and the land requirements for the road widening and, therefore, the resettlement impacts are insignificant. Given that there is a requirement for a land take of state forest fund lands there will be losses of trees that have been estimated. The measures in relation to tree losses and cost estimates for implementation of these measures should be defined by the Environmental Management Plan.
The following structures fall within the new RoW, and mitigation measures of compensatory nature are considered by this ARAP, if appropriate:
• km 46+510: there is a disused bakery workshop at 26.7 meter distance from the new centre-line that is not expected to be demolished, but access may need to be altered.
• km 47+040: there is a residential house at 18 m distance from the new centre-line that potentially may need to be demolished, or access may need to be altered. The former, involving relocation, would seem to be a preferred option given safety considerations, and disturbance to the household during the construction and operation of the highway. As the land belongs to the state, the home owners would be asked to relocate themselves with compensation at full replacement cost[1]. Thus, upon received the compensation considered for constructions and trees by the affected household, they have requested to locate themselves in the public land based on the same conditions by the land status lost in the area of same household. These requests has been reviewed by the regional executive power which in turn stated possibility to comply with the request within the current conditions.
• km 47+076: there is a stone wall fence at 20 m distance from the new centre-line. The fence belongs to the State Forest Authority and will need to be moved, and compensated at full replacement cost[2].
• km 48+040: there is a cafe at 29.46 m distance from the new centre-line. The café is not expected to be demolished, but access may need to be altered.
The key impacts including temporary impacts are
• Temporary loss of access to the road and hence limited adverse impact on incomes derived from roadside petty trade;
• Temporary loss of access to pastures without significant adverse income impacts;
• Temporary and minor disruption of social and community life resulted from temporary loss of access to the road;
• Limited health and safety concerns.
The implementation of the ARAP will be led by the Land Acquisition Department (LAD) of the Azerroadservice OJSC (ARS) of the Ministry of Transport of Azerbaijan.
Project Background
The Government of Azerbaijan (GoA) is implementing the Highway III Project (“the Project”) with financial support of the World Bank that will improve several segments of a highway to the west and south of Baku, the country’s capital. The Project will include improvement and rehabilitation of the existing Baku-Shamakhi road, and therefore will be mostly limited to widening of the existing two lane road to a four lane road between Baku and Shamakhi over a distance of 71,4 km. The road is classified as Category II road with a right-of-way (ROW) of 60 meters, i.e. 30 meters either side of the centre-line.
It was decided that three section-specific Resettlement Action Plans (RAPs) – Section 1, 2 and 3 will assess section-differentiated resettlement and land acquisition impacts and will be prepared prior to the commencement of civil works, thus providing compensation and rehabilitation measures for all Project-Affected Persons (PAPs), as defined by the World Bank OP 4.12, the guiding safeguard policy applied for this Project. Acquisition of land and other assets will take place only after all compensation and rehabilitation measures defined in the relevant section specific RAPs have been implemented.
Based on the OP 4.12, with regard to Section 1 that covers 44.6 km to 67.5 km of the Project, it was recommended that the Project resettlement land acquisition impacts will be guided by an Abbreviated Resettlement Action Plan (ARAP) as those impacts have been categorized as insignificant as the number of people to be displaced with a loss of assets or restriction of access to assets is less than 200 persons.
The ARAP has been designed to provide guidance and procedures to the Project to ensure its full compliance with the relevant laws and regulations of the Republic of Azerbaijan, and safeguard policies of the World Bank Group. The implementation of the ARAP will be led by the Land Acquisition Department (LAD) of the Azerroadservice OJSC (ARS) of the Ministry of Transport of Azerbaijan.
RATIONALE FOR PREPARATION OF ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP)
The Word Bank’s safeguard policy on Involuntary Resettlement (OP 4.12) applies whenever land or other property must be acquired for a Project, or its use is modified, and that acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary and whether the occupation is legal or illegal. OP 4.12 allows that “for projects in which the number of people to be displaced with a loss of assets or restriction of access to assets is small (less than 200 persons will experience resettlement effects), an abbreviated resettlement plan (ARAP) shall be prepared”.
Resettlement and land acquisition impacts of the Section 1 of Baku-Shamakhi Project (km 44.6 km to 67.5) meet these conditions. There are only two communities located along the Section 1 of the road – Dzhangi and Dzheirankechmez -where a total of 76 households or 456 persons live. No acquisition of private land is expected as the land to be taken is in public ownership, including State Forest Fund. Some of the households reside within 100 meters from the ROW. These will be affected indirectly by the Section 1.
At km 47+040 there is a residential house at 18 m distance from the new centre-line that will need to be demolished, and this would involve relocation. Thus, upon received the compensation considered for constructions and trees by the affected household, they have requested to locate themselves in the public land based on the same conditions by the land status lost in the area of same household. These requests has been reviewed by the regional executive power which in turn stated possibility to comply with the request within the current conditions.
As a result, this abbreviated resettlement action plan (ARAP) has been prepared in accordance with laws, regulations and guidelines for land acquisition and resettlement set by the Government of Azerbaijan and the World Bank’s Operational Policy O.P4.12. Where there is a gap between Azerbaijan legislation law and the World Bank policy, the World Bank policy shall apply in this ARAP.
OP 4.12 requires that a project formulates an ARAP that must cover the following minimum elements:
a. a census survey of displaced persons and valuation of assets;
b. description of compensation and other resettlement assistance to be provided to all project affected people (PAP);
c. consultations with displaced people about acceptable alternatives;
d. institutional responsibility for implementation and procedures for grievance redress;
e. arrangements for monitoring and implementation; and
f. a timetable and budget.
For this purpose, this ARAP covers the following issues:
• Categories of PAPs and the identified potential Project resettlement and land acquisition impacts;
• Eligibility criteria for defining various categories of the PAPs;
• Review of the pertinent Azerbaijan legal and regulatory framework and the World Bank OP 4.12 requirements and measures to bridge any gaps between them;
• Assets valuation methodology;
• Organizational procedures for delivery of entitlements;
• Implementation mechanism;
• Grievance and Redress mechanisms;
• Public Consultation and Disclosure Plan;
• Monitoring and Evaluation (M&E); and
• Entitlement Matrix
.
OBJECTIVES AND METHODOLOGY OF THE ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP)
1 ARAP OBJECTIVES
The key objective of this ARAP is to minimize land acquisition and resettlement impacts that will occur as a result of Section 1 road widening; and propose mitigation measures that address the specific needs of the affected population. The ARAP applies to all persons affected by Project (PAPs), namely Section 1 regardless of the severity of impact and whether or not they have legal title to land or any other productive assets. Particular consideration has been given to the needs of vulnerable groups within the project area, especially the poor, the landless, , women and children, unemployed youth.
The ARAP will ensure that the livelihoods of all PAPs are maintained or are restored at least to the pre-Project level via compensation and rehabilitation measures that will be developed according to the severity of impact. The compensation and entitlement package will be based on the requirements of the Government of Azerbaijan (GoA) and the World Bank for land acquisition and resettlement.
The objectives of the ARAP also include:
• Raising awareness of the Project and its consequences among local communities and other stakeholders (local authorities, NGOs);
• Estimating of the costs necessary for land acquisition and relocation;
• Prepare an implementation plan that sets out schedules and responsibilities set to mitigate adverse effects of the Project related to resettlement and land acquisition;
• Defining of principles of a public consultations and disclosure plan;
• Provide a clear M&E framework to supervise the progress of the ARAP implementation.
2 ARAP METHODOLOGY
Methodology used for this ARAP included collection, review and analysis of land acquisition and resettlement impacts via
a. review of legal framework applicable for Section 1;
b. socio-economic household survey of affected households in 2 settlements adjacent to the right of way (ROW) – Dzhangi and Dzheirankechmaz – carried out in December 2011;
c. community consultations carried out in Dzhangi and Dzheirankechmaz with key stakeholders in December 2011;
d. verification of the centreline and ROW prepared by the Detailed Design Consultant’s engineering team against the cadastral mapping;
e. a summary inventory of affected assets undertaken in March 2012.
In addition, data on unit prices of the land and other assets within the Project affected area was obtained from the Report on “The Survey on Market Price of Land along Baku-Shamakhi Highway” prepared by the World Bank team in February 2010. The ARAP is also largely based on a Resettlement Policy Framework (RPF) prepared by Scott Wilson in 2009.
CATEGORIES OF RESETTLEMENT AND LAND ACQUISITION IMPACTS
In order to achieve the underlying objectives of Section 1 of the Project such that PAPs derive maximum benefit, assessment of categories of land acquisition and resettlement impacts relied on:
(a) Stakeholder Consultation – via Community Meetings, Focus Group Discussion and Interviews with all stakeholder groups and affected communities;
b) Evaluation of Project Impacts – via Survey of Affected Households, Cadastral Mapping and Inventory of Affected Assets.
This section provides a summary of categories of potential impacts which are based on these activities.
1 SUMMARY OF KEY IMPACTS
All of the land in Section 1 – km 44.6 km to 67.5 - is state-owned. Verification of the centreline and ROW against the cadastral mapping is provided in Appendix 4.
One residential house is located within a proposed RoW at km 47+040 as follows
[pic]
The survey of this potentially affected household is provided in Appendix 5. As stated Paragraph 2 upon received the compensation considered for constructions and trees by the affected household, they relocation into the public land based on the same conditions by the land status lost in the area of same household will be orginized.
As the land that the house is located on belongs to the state, the home owners will be asked to relocate themselves with compensation at full replacement cost.
Two small scale private businesses (a non-functional bakery at km 46+510 and a café at km 48+060) are also located within proposed ROW as follows
[pic]
The bakery workshop at 26.7 meter distance from the new centre-line and is not expected to be demolished, but access may need to be altered. As the Project will provide the alternative access, no compensation would be necessary.
[pic]
The cafe at 29.46 m distance from the new centre-line is not expected to be demolished, but access may need to be altered.
It has been confirmed by the cadastral mapping verification that all land along Section 1 is state owned, and the land requirement for the road widening is as follows:
|Additional land area in |STATE FUND LANDS - ha |STATE FOREST FUND - ha |TOTAL AREA - ha |
|construction site | | | |
| |14.92 |8.98 |23.90 |
The land is used informally by the local communities of Dzhangi and Dzheirankechmaz for pastures and also small scale gathering of some steppe herbs to sell to road users.
Given that there is a requirement for a land take of state forest fund lands there will be losses of state forest fund trees that have been estimated. The measures in relation to tree losses and cost estimates for implementation of these measures should be defined by the Environmental Management Plan.
The territory of the office facilities of Dzhangi Forestry Department is fenced off, and the fence falls in the proposed RoW as well as some smaller auxiliary structures and will need to be moved and the material and works compensated.
Details of the structure are as follows: [pic]
The key impacts from land acquisition include temporary and permanent impacts:
• Temporary loss of access to the road and hence with limited impact on incomes derived from roadside petty trade;
• Temporary and negligible loss of access to pastures;
• Loss of building structures;
• Temporary disruption of social and community life resulted from temporary loss of access to the road; and
• Limited health and safety concerns
In addition, a number of potential positive impacts of the Project are also anticipated, including:
• Lower transport costs;
• Shortened travel time;
• Reduced deterioration of vehicles and maintenance costs (i.e. reduced VOCs);
• Enhanced rural connectivity;
• Facilitation of better, safer access to social services, located in and outside the area;
• Increased local and international travel;
• Promotion of services targeting road users;
• Creation of short and mid-term income-generating opportunities for the PAPs, the poor, women and youth along the roadside businesses;
• Creation of business opportunities for local enterprises producing building/construction materials;
• Creation of work opportunities for vendors in the communities where the entry to the highway is allowed;
• Increased marketing opportunities for agriculture and horticulture produce and thus increased incomes;
• Increased availability of agricultural inputs and lower their costs;
• Increased non-agricultural incomes; and
• Strengthened social interactions, both in Project area and outside the Project area.
The most direct economic benefit of the Project is associated with civil works created during the construction and operation of the highway. The jobs potentially created by the Project will have at least three types of impact: (a) direct, (b) indirect, and (c) multiplier. Direct impacts include the jobs available for highway’s construction and operation through the civil works and the local road maintenance. Indirect jobs will include those created by suppliers of goods and services during construction and operation. The multiplier effect will include opportunities created by the increased economic activity triggered by the direct and indirect benefits.
It is expected that some of the highway construction will require highly skilled and moderately skilled workers with highway construction experience. In addition to the direct unskilled construction jobs, a substantial number of unskilled jobs will be created by the industries that will supply the building materials for the Project.
The Project will potentially bring increased employment opportunities during the construction phase for local communities, especially to the unemployed youth and women. Provision of food and other necessities to the work crews is another potential job-creating benefit to the local areas. Construction benefits include both incomes during construction and assets that remain after the construction work is completed. In the proximity of work camps, restaurants and other retail facilities are likely to be built to accommodate contractor staff. Many of the jobs created are likely to be targeted for women (e.g. provision-of-food and other necessity services).
When the Project is operational, improved mobility and access to markets would also positively contribute towards the economy of the communities, the region and Azerbaijan at large. However, the majority of the PAPs are not envisaged to significantly increase use of their personal vehicles as the car ownership is considerably low while cost of maintenance, as well petrol prices are high.
As the main agricultural markets for the communities along Section 1 are located in Baku and Shamakhi, the Project communities depend economically on Baku and Shamakhi for the selling of their produce. It is anticipated that an upgraded widened road could provide improved and safer access to this market, as well as other parts of the country, as needed.
Although large-scale transport and highway projects contribute to an increase in the spread of various communicable diseases, including sexually transmitted infections (STI) and HIV, it is unlikely that Section 1 will have a significant HIV impact on the Project communities in spite of some of the risk factors that exist (poverty, unemployment and presence of young population). Culturally conservative environment in the Project areas that is noted by distinct segregation between male and female populations, including limited access of women and girls to the public domain combined with strict norms and values placed on social interaction between the genders is likely to play a preventive role with regard to the spread of communicable and sexually transmitted diseases, including HIV. Overall, as the HIV epidemic is concentrated among high risk populations such as injecting drug users (IDUs), sex workers and prisoners, the Project-induced STI and HIV risks are improbable, especially in Section 1.
2 UNAVOIDABLE IMPACTS
The two lane Baku – Shamakhi Road is classified as Category II road with a right-of-way (ROW) of 60 meters; i.e., 30m on each side from the existing road centreline. Since the land acquisition policy of Azerroadservice will require acquisition of land based on a RoW of 30m derived from the new centreline, the expansion of the existing carriageway within the existing ROW is not feasible. Therefore, land acquisition is unavoidable.
It is also envisioned that part of the grazing land – public land used for pastures informally by the residents of the two communities (Dzhangi and Dzheirankechmaz) along Section 1 – will be acquired by the Project, thus leading to the potential loss of income to households that rely on livestock as their main source of income.It is also anticipated that loss of income derived from roadside petty trade will be unavoidable during and after construction. However, the land used for pastures and gathering include vast areas, which will allow the population to use available alternative land for grazing and gathering.
Table 1 provides the categories of PAPs likely to be affected by the Project.
Table 1: Categories of Impact – Section 1
|Type of PAPs |Type of Impact |
|Informal Users of Land |Private users with and without verbal agreement with local municipalities on use of communal land |
| |for grazing pastures in alternative areas. |
|Roadside Private Businesses |Private Business Owners – cafe, small convenient stores – potential temporary inconveniences to |
| |operations due to accesses. |
| |Employees of Private Businesses - cafes, restaurants, small convenient stores – potential |
| |employment instability given potential temporary inconveniences to operations. |
|Roadside vendors |Children and adolescents |
| |Women |
|Owners of Assets without |Owners of assets, including a residential house, auxiliary structures, and fruit trees without |
|Land Ownership Rights |land ownership rights |
No sites of any significance in terms of cultural property, such as graveyards and cultural monuments will be affected by Section 1. Table 2 provides categories of impacts and specific losses associated with these impacts.
Table 2: Impacts and Losses
| | |
|Category of Impact |Specific Losses |
|Business premises |Possible need for alteration of access to the premises. |
|Loss of assets and relocation |Need to relocate for a private house located on public land. |
|Loss of assets or loss of land |Temporary and insignificant loss of access agricultural and/or grazing land |
|Access to land |No adverse impacts on access to grazing land as other pastures could be easily made |
| |available |
|Loss of income/source of livelihood |Most PAPs rely on animal husbandry. However, the impact on loss of use of grazing land |
| |will not lead to significant loss of animal husbandry-related income. |
PROJECT AFFECTED AREA (PAA)
The Project will widen the existing road along Section 1. The exact scale of land to be acquired has been established through cadastral mapping as follows
|Additional land area in construction site |STATE FUND LANDS - ha |STATE FOREST FUND - ha |TOTAL AREA - ha |
| |14.92 |8.98 |23.90 |
All land of the Section 1 Project road belongs to the State, including State Land Fund and State Forest Fund. The actual use of land is limited to informal use of state land for grazing livestock by residents for Dzhangi and to a lesser degree Dzheirankechmaz. Tables 3 and 4 provide the details of land ownership along Section 1 of the Project.
Table 3: Land Ownership Section 1
[pic]
Social infrastructure services in the Project communities are extremely poor, as there is only one school operating in Dzhangi. There are no health facilities in either of Dzhangi or Dzeirankechmaz making it very difficult for the residents of both communities to access health and educational providers, with the closest located in Shamakhi region.
PROJECT AFFECTED PEOPLE (PAPs)
The Section 1 of the Project road runs through land that is sparsely inhabited. Although the road does not cut through settlements, two small communities are located in relatively close proximity to it, i.e. 100 meters away from the ROW. These communities include two small settlements of Gobustan region of Azerbaijan, namely:
• Dzhangi
• Dzheirankechmaz
According to the national statistical data, there are 18 households or 109 persons registered in Dzhangi and 6 households or 23 persons in Dzheirankechmaz. However, the household survey conducted for the purposes of this ARAP in December 2011 indicated that there are 70 households in Dzhangi and 6 households in Dzheirankechmaz.
The survey sample included total of 105 persons represented by 16 selected households in both communities, as presented in Table 4.
Table 4: Section 1 Survey Sample in Project Affected Area
|Gobustan district |Number of households|Number of persons |
|Dzhangi |10 |64 |
|Dzheirankechmaz |6 |41 |
|Total |16 |105 |
With Dzhangi located on the right side of the road and Dzheirankechmaz on both sides of the road (Table 5), the level of impact of the Project on these communities is mainly associated with access to the road and loss of grazing land as the residents heavily rely on the road for their transport needs and to access the grazing land on both sides of the road. This is most apparent for residents of Dzhangi.
Table 5: Proximity of Project Affected Households to the ROW
| |Dzhangi |Dzheirankechmaz |Total |
|Distance from main road (km) |0.100 |0.108 |0.103 |
|Distance from district centre (km) |30.0 |12.0 |23.3 |
|Distance to nearest bus station (km) |0.10 |0.11 |0.10 |
Although most of the residents of both Dzhangi and Dzheirankechmaz live in nuclear families with up to six people per household (Table 6), extended family members typically reside close by, such as parents and at least one of the grandparents. Women and children take significant part in domestic labour, as well as caring for the livestock, and gardening. They also make a large number of those engaged in seasonal and occasional low-paid manual labour inside and outside their communities. There is a residential home within a proposed right of way (ROW) that will be directly affected by the Project.
Table 6: Average Household Size of PAPs
| |Dzhangi |Dzheirankechmaz |Total |
|Number of children under 6 year |2.8 |2.3 |2.6 |
|Number of children under 16 year |2.6 |2.5 |2.6 |
|Total number of household members, including: |6.5 |6.8 |6.6 |
| men |3.1 |3.5 |3.3 |
| women |3.4 |3.3 |3.4 |
Although the residents of Dzhangi and Dzheirankechmaz do not have official titles to land plots, they are de-facto utilizing the land adjacent to their settlement, including household plots used for subsistence gardening and horticulture. The household survey indicated that almost all grow vegetables (tomatoes, cucumber, green pepper, eggplant and potato), and to a lesser degree beans and greens. Due to the lack of water especially for irrigation, there are only a few fruit trees in the Project communities.
As most people migrated to the Project area in the mid-1970s from other settlements of Gobustan region, i.e. Arabshalbash, Dzhangi residents have their officially registered plots located in the place of their origin. For most of the Dzhangi inhabitants, who have relied on livestock production for generations, the houses they have built in Dzhangi are considered to be their winter homes; most people stay in Arabshalbash during the summer.
Survey data show that average land plot in Dzhangi is about 0.5 ha or arable land in addition to 1.6 ha of non-arable land. Dzheirankechmaz residents do not have arable land; however they have up to 1.8 ha of non-arable land.
The main source of employment for the surveyed households is livestock production (Table 7), as this population represents livestock producing families that were historically residents of other districts of Gobustan region with predominant reliance on animal husbandry.
Table 7: Reliance of PAPs on Livestock and Poultry (average figures)
| |Dzhangi |Dzheirankechmaz |Total |
|Cows |2,7 |11,3 |7,0 |
|Ox |. |2,0 |2,0 |
|Young cattle |. |6,0 |6,0 |
|Sheep |1,0 |51,7 |39,0 |
|Goat |. |11,0 |11,0 |
|Poultry |10,5 |33,3 |20,3 |
|Turkey |10,0 |10,0 |10,0 |
In addition, dependence on subsistence agriculture, horticulture, and roadside businesses is apparent in the surveyed communities. The types of businesses along the existing road (NB outside the RoW) include small shops, cafes and restaurants, butcher shops and car service workshops. Households also heavily rely on cash incomes such as wages, salaries, and pensions making no more than 180 AZN per monthly on average while women receive 111 AZN per month. Income-generating opportunities are not widely available in the communities as well as the region. Local processing enterprises have been closed down, productive land is scarce, and water is in short supply, while basic infrastructure (transportation, communication) and social services have not been developed significantly.
Unemployment in both Dzhangi and Dzheirankechmaz is commonplace while most households are confronted with a need to save the money necessary for family needs such as weddings, house building or children’s education and health. There is a high incidence of de-facto female-headed and single-female or single-elderly-headed households disproportionately impacting women, elderly and children. Community consultations also pointed at discrepancies between male and female transport burdens being apparent in the Project communities particularly in the context of the increasing poverty leading to rural out-migration to Baku and outside the country. Labour migration is quite apparent among local men who remain main breadwinners while women who are responsible for major productive roles continue to constitute an economically disadvantaged group. Women in the Project communities are largely unemployed, with a few who are employed are typically entrenched in low paid or non-cash jobs (e.g. daily and/or odd jobs). In addition to unpaid domestic and reproductive labour (i.e. child-rearing), women also care for elderly and disabled.
There is a need for a special attention to be paid by the Project to the type of transport services available to rural communities and travel patterns that are gender segregated. Like elsewhere in the rural Azerbaijan, men and women in the Project communities share varying degrees of travel burden associated with (a) household travel including collection of water and household needs; (b) travel to and from work and source of economic activity (e.g. trips to agricultural fields, location of seasonal and casual labour market); (c) trips to markets for food and sales of household produce (e.g. agricultural and livestock produce); and (d) travel to basic social services (schools and health facilities), and to maintain social relations. By comparison women carry a much heavier load related to domestic travel that consumes a considerable amount time and energy.
The qualitative data also indicated that women travel outside of their communities significantly less than men due to the high cost of travel, especially long-distance travel. When household transport demands are disaggregated by gender and age with respect to overall household incomes and expenditures, the travel needs of women and the elderly (whether to access health, education or social services) remain mainly unsatisfied compared to those of men. On the other hand, women and children who walk long distances seeking labour along the main roads are exposed to health and life-threatening risks, i.e. road accidents much more than men.
LEGAL FRAMEWORK
1 NATIONAL LEGAL FRAMEWORK
Until recently, no specific laws existed in Azerbaijan that provided regulatory and legal grounds to deal with issues related to resettlement and land acquisition, compensation for loss of assets, public consultation and disclosure, or grievance mechanisms. In April 2010, the first-ever expropriation law was endorsed, notably the law “On the Expropriation of Lands for State Needs, No.987 III-Q”, and later in 2011 the President decree on the Additional Activities related to application of the Low was enacted .
Law on Expropriation of Lands for State Needs, No 987 III-Q
The expropriation law sets forward a comprehensive regulatory framework on expropriation of land (publically, privately and municipally owned) and assets for state needs (public domain). The new law provides comprehensive grounds for compensation based on asset valuation in accordance with market value or replacement costs, and sets procedures for public disclosure and consultation. The law also takes into consideration compensation for the loss of income resulting from an expropriation of the land, asset or source of income (Article 7). One of the main achievements of the new law is an inclusive eligibility criteria set for those who fall into categories of persons eligible for compensation and basic resettlement assistance, including users and owners of property. Under Article 7, both owners and users of land and any other asset, where formally or informally registered, as well as absentee owners, are eligible for compensation.
The new law also governs activities related to collection and use of data on the type of affected assets, persons, including carrying out a census of all affected land and persons, cadastral mapping, as well as public meetings that announce officially the start-up of expropriation, and the type of compensation to be given to all affected people.
Constitution of Azerbaijan (November 12, 1995)
Article 29 of the Constitution of Azerbaijan establishes the right of citizens to possess property and the protection of their property rights. It also ensures that no one acquires land without appropriate legal recourse, and that alienation of property for state needs shall only be allowed upon fair reimbursement of the market value of the asset in question.
Other Relevant National Laws and Regulations
A number of other regulatory instruments provide additional a basis for regulating and managing the acquisition of and compensation for land, property and productive assets, namely:
• Land Code (25 June 1999)
• Civil Code (1 December 1998)
• Cabinet of Ministers Resolution No.42 (15 March 2000)
• Cabinet of Ministers Resolution No.110 (June 1999) on Approval of Regulations for an Inventory Cost Estimation of Buildings
• Decree on Application of the Road Law (2000)
• Decree on Additional Activities for Regulating the Use of Road Reserves (2004)
• Decree of the President (December 26, 2007) on ensuring the execution of the law No 506-3 QD dated 7 December 2007 about “Amendments and Additions to the Civil Code of the Azerbaijan Republic”.
Among these, the Land Code 1999 is a critical law that regulates projects of national interest as it provides (a) compensation principles for loss of land and (b) the basis through court while the sides are dissatisfied with the decision on land acquisition and compensation that was estimated.
In addition to the Land Code, the Civil Code 1998
Civil Code provides that any rights on property will be state registration. Acqusition of land shall only be allowed upon fair reimbursement of the market value by the land owners for state needs.
Procedures for land acquisition are set by the Cabinet of Ministers Resolution No.42 (15 March 2000).
The Cabinet of Ministers Resolution No.110 (June 1999) on Approval of Regulations for an Inventory Cost Estimation of Buildings outlines procedures for acquisition and compensation valuation for affected buildings and immovable property based on standard rates of construction costs by region within Azerbaijan.
The Presidential Decree (2007) provides that 20% additional compensation will be added to the market price of affected assets in order to compensate for damages resulting from the purchase of property, as well as lost income and loss connected with the pre-termination of commitments against third parties.
Relevant Road Regulations
Other relevant regulation includes those related to the control and maintenance of roads such as:
• Decree No 228, July 1976
• Decree on the Application of the Road Law 2000
• Decree No 18, February 2004
• Decree of the President, July 8, 2008
Road related legislation regulates usage of the road reserves, maintenance, defines standards for noise and vibration, as well as construction, width requirements, as well as assigns rights for the road authorities to evict illegal occupants.
Collectively, as presented above, the Azeri regulations provide a comprehensive framework for adequate land acquisition and compensation for the Project.
2 WORLD BANK OP 4.12
The Word Bank’s safeguard policy on Involuntary Resettlement (OP 4.12) applies whenever land or other property must be acquired for Project, or its use is modified, and that acquisition or modification results in the loss of income, residence or access to resources, either permanent or temporary and whether the occupation is legal or illegal.
The OP 4.12 requires avoiding involuntary resettlement whenever possible. Where displacement is unavoidable, the following measures are necessary:
• Compensation based on a replacement value of the lost asset
• Participation of PAPs in planning, implementation and monitoring of the resettlement process
• Public consultation and disclosure
• Restoration of income and living standards to pre-resettlement levels
• Compensation provided prior to construction
3 GAP ANALYSIS BETWEEN AZERI LAWS AND REGULATIONS AND THE WORLD BANK OP 4.12
In general, and certainly in relation to the specific land acquisition impacts associated with Section 1 of the current project, it is considered that the World Bank’s OP 4.12 requirements are comprehensively incorporated in current Azerbaijan legislation, whereby the new expropriation law – Law on Expropriation of Lands for State Needs, No 987 III-Q – plays a critical role Critical areas in this respect include the following (amongst others):
• Requirement for resettlement planning including with participation of affected and host communities in order to ensure negative impacts are minimised and needs are met, rather than simply focusing on payment of compensation (Law on Expropriation of Lands for State Needs 2010);
• Requirement to meet the needs of vulnerable groups (Law on Expropriation of Lands for State Needs 2010);
• Provide transitional, relocation and income restoration assistance as required ((Law on Expropriation of Lands for State Needs 2010));
• Requirement to pay compensation in advance where land is compulsory acquired (Law on Expropriation of Lands for State Needs 2010);
• Need for compensation to be paid based at full replacement cost (applying market rates), or through grant of another land plot or building of equal quality, size and characteristics;
• Avoidance, wherever possible, of impact on agricultural land and forests (Cabinet of Ministers Decree No. 42);
• Compensation for losses, whether temporary or permanent, in production or damage to productive assets and crops (Cabinet of Ministers Decree No. 42);
• Provision for pre-judicial avenues for resolution of disputes and rights of appeal;
• Procedures for public disclosure and consultation (Law on Expropriation of Lands for State Needs 2010);
• Compensation for the loss of income resulting from an expropriation of the land, asset or source of income (Law on Expropriation of Lands for State Needs 2010);
• Inclusive eligibility criteria and basic resettlement assistance, including users and owners of property, as well as absentee owners (Law on Expropriation of Lands for State Needs 2010).
• Collection and use of data on the type of affected assets, persons, including carrying out a census of all affected land and persons, cadastral mapping (Law on Expropriation of Lands for State Needs 2010);
• Public meetings that announce officially the cut-off and start up of the expropriation (Law on Expropriation of Lands for State Needs 2010);
• Public consultation where required with host communities (Law on Expropriation of Lands for State Needs 2010);
• Monitoring of resettlement implementation and impacts (Law on Expropriation of Lands for State Needs 2010).
ELIGIBILITY CRITERIA AND COMPENSATION VALUATION
1 IDENTIFICATION OF ELIGIBILITY
A survey of PAPs carried out in December 2011 in two communities along Section 1 – Dzhangi and Dzheirankechmaz determined the type and severity of resettlement and land acquisition impacts and hence eligibility for compensation. Overall, the impacts can classified as insignificant for the following reasons:
1. No direct impact leading to acquisition of land is foreseen on any members of the Project communities.
2. No private land is being affected as all land falling under Section 1 is state-owned.
3. Only 1 house will be demolished.
4. Only one cafe will be impacted in terms of temporary loss of access.
5. An insignificant part of the land acquired for the Project that has been used for grazing by the communities will not be accessed by the communities; however, alternative access to other public land will be provided for communities to use as pastures.
2 PRINCIPLES OF COMPENSATION
For the land acquisition process of Section 1, the Azerroadservice OJSC (ARS) will adopt a policy for entitlements that accords with the provisions laid out in this ARAP and the Entitlement Matrix (Table 8). Compensation for loss of/ damage to structures will be based on the replacement cost without depreciation. The compensation will follow the principles set forth in this ARAP, which in summary are as follows:
• All PAPs, without regard to legal status of property ownership, will be compensated under the current Azerbaijan legislation, the Expropriation Law 2010, and the World Bank OP 4.12.
• Loss of commercial structure due to relocation will be compensated for at replacement value without depreciation.
• Loss of net income and wages will be compensated as defined in the Entitlement Matrix for different categories of PAP.
• Loss of crops or fruits and vegetables will be avoided by adjusting the construction schedule so farmers are able to harvest annual crops, however, if unavoidable, it will be compensated for at replacement value. Valuation will be based on market prices.
• Immovable assets which have been removed during construction works will be compensated for at replacement value without depreciation. Those assets that can be transferred, such as wire-fences, will be transferred to alternative suitable locations and restored as preferred by PAP at the cost of the project.
• Those who do not legally occupy or use land will be compensated for the loss of non-land assets, excluding standing crops, buildings and trees.
3 VALUATION AND COMPENSATION METHODOLOGY
The OP 4.12 stipulates that compensation for lost properties would be calculated based on replacement cost without depreciation. The policy also provides that, if the impact is significant and compensation at replacement value is not sufficient to restore livelihood of the affected people, additional rehabilitation measures should be provided so the affected people would, on a net basis, be able to restore livelihood.
1 COMPENSATION FOR LAND
There will be no compensation for land as no private land will be acquired from private owners/users. All land under Section 1 is state-owned.
2 CROP COMPENSATION
The Section 1 Project is not expected to result in loss of annual crops. If such an impact becomes potential and unavoidable, loss of annual crops will be compensated for at the market value of loss. Prevailing prices for crops will be verified with the assistance from the Valuation Committee based on the data of the State Department of Statistics. A market price survey conducted in 2010 will also be used to assess prevailing market prices for each crop type to adjust and fine-tune the results of valuation by the Valuation Committee. Each type of crop is to be compensated for using the same rate to ensure uniformity, consistency and transparency.
The following formula will be CrC =((RP xYd) –CC)xA xT
CrC = the compensation for loss of income from annual crops; RP = the retail price of the produce (AZN/100 kg);
Yd = the yield (100 kg/hectare);
CC = the growing costs including material inputs, agro-technical activities, transport, and taxes and duties (AZN/hectare);
A = the area cleared by the Project (hectares); and
T = the number of lost growing seasons
3 FOR FRUIT TREES AND PERENNIAL CROPS
Compensation for loss of fruit trees and any perennial crops will be compensated in cash according to its market value and age, which will be equal to the gross market value of one year income times the number of years to grow a tree or crop to similar productivity (age), plus the purchase price of seedlings and starting materials.
4 COMPENSATION FOR BUILDINGS AND STRUCTURES
Loss of or damage to building structures, fences, walls and other impacted structures will be compensated based on the replacement value. Cash compensation will be available as a preferred option for structures. The applicable replacement costs for construction materials, and associated labour costs needed to build replacement structures, will be used to calculate the values.
Replacement values will be based on:
• Drawings of private building structures and support services;
• Average replacement costs of different types of buildings and structures based on information on the quantity and type of materials used for construction (e.g. bricks, decorated aluminium roofs, doors);
• Prices of these items collected in Gobustan district market;
• Costs for the transportation and delivery of these items to be acquired or replacement land or building site; and
• Estimates of construction cost of new buildings including the labour required.
5 COMPENSATION FOR SACRED SITES
The use of sacred sites for any project activities is not permitted under this ARAP.
6 COMPENSATION FOR PHYSICAL RELOCATION
One residential house is located within the proposed RoW. As stated above, upon received the compensation considered for constructions and trees by the affected households, they relocation into the public land based on the same conditions by the land status lost in the area of same household will be orginized.
7 COMPENSATION FOR SEVERE IMPACT
Under Section 1, no severe impacts are foreseen.
The project RFP defines severe impact to be “more than 20% of land loss”. No land take of this extent is foreseen, and furthermore, all land under Section 1 is state-owned.
8 COMPENSATION FOR PEOPLE WITHOUT LEGAL LAND RIGHTS
Those land users who have legally recognizable claims to land without complete registration will be compensated for the loss as per legal land owners. The Project will assist such land owners to complete the registration so that the ARS is able to legally purchase land from them. Those who use the land without any recognisable titles will be compensated only for the investments made by them, including structures built on the land, crops and other assets.
9 COMPENSATION FOR LOST/ DISRUPTED INCOME
Socio-economic baseline data has been established during the survey of affected households, including 5,595 AZN annual income of a household in both communities. Sources of income include livestock production, subsistence agriculture, followed by pensions, state allowances and benefits; salaries and wages; and aid from relatives. The household survey identified livestock production as the highest source of primary income, bringing on average 1,225 AZN annually per household.
For disrupted income derived from temporary access inconveniences for commercial activities, such as the cafe that partly falls within the new right of way. To ensure that there will be as minimum as possible disruption to the business and no loss of income, operation in the structures will be allowed during the construction subject to health and safety considerations. Only then theold structures can be demolished
Where it is unavoidable to disrupt business, compensation will be calculated according to the loss of business income exposure over a period of impact plus the period of restoration. The period of restoration is the estimated number of months required to move and rebuild the business to a new permanent location and resume normal business operations.
Compensation will be paid into personal bank accounts of the PAP. If a PAP does not have a bank account, the Project will help them open one. Employees will be paid for wages over the period of business disruption based on the income statement of the business owners, or any other proof of wages provided to them.
The labour cost for preparing replacement land is based on costs for clearing the land, ploughing and planting seedlings and young trees. Labour costs will be paid in the relevant currency (AZN) per the prevailing labour law. The rate used for land compensation is to be updated to reflect values at the time compensation is paid.
ENTITLEMENT MATRIX
Table 8 sets out the Entitlement Matrix applicable to Section 1 of the Project, which provides a summary of the package of entitlements for each category of PAP. The ARS will have the responsibility for ensuring that the actions defined in the ARAP are fully implemented.
Table 8: Entitlement Matrix
| |Relevance |Affected People |Compensation Entitlements |
|Permanent Loss |
|Residential/Commercial Land|Likely not applicable to|Owner |• Land for land compensation, plot comparable in |
|with title or registration |this segment[3] | |value to lost plot, or |
|pending | | |• Cash compensation for affected land at full |
| | | |replacement cost free of taxes, registration and |
| | | |transfer costs |
| | |Squatter |• Free or leased plot on State land |
| | | | |
|Permanent Loss of Access to|minor |Private Livestock farmers |• Acceptable alternative land for grazing |
|Grazing land | |Livestock Farms Owners | |
|Buildings/Structures |Structure on state land |Owner of permanent |• House for house swap; if replacement is lower |
| | |structures without regard |value, cash compensation for the difference, or |
| | |to the legal status of |• Cash compensation at replacement rates for |
| | |ownership |affected structure and other fixed assets |
| | |Owner of temporary, |• Approved site to re-locate. Moving costs will be |
| | |structures (kiosks, |provided. |
| | |stalls) without regard to | |
| | |the legal status of | |
| | |ownership | |
|Trees and any other |Private trees on state |All Affected persons, |- Cash compensation reflecting income replacement. |
|perennial crops |land |including squatters |Economic trees valued at gross market value of one |
| | | |year’s income times the number of years to grow a |
| | | |tree to similar productivity, plus purchase price of|
| | | |inputs. |
|Temporary Loss |
|Land used for construction |Not applicable to this |Owner (private or public) |• Contractor pays cash compensation at local |
| |segment | |commercial rental rates for duration of use |
| | | |• Land restored to original status at end of rental |
|Permanent Loss of Access to|minor |Private Livestock |• Available alternative land for grazing |
|Grazing land | |farmers/Owners | |
IMPLEMENTATION PROCESS AND RESPONSIBILITIES
The Azerroadservice OJSC (ARS) has the lead responsibility for the implementation of the Project including land acquisition and resettlement issues, and is specifically responsible for:
• The execution of the compensation and valuation process;
• The implementation of the ARAP through its Land Acquisition Department (LAD);
• Public Consultations and Disclosure of ARAP; and
• Monitoring and evaluation (M&E) of the implementation of ARAP.
In accordance with the Law on Expropriation of Lands for State Needs, No 987 III-Q the ARS is expected to be a designated Expropriation Authority. The designation will be established by the Decree of the Cabinet of Ministers.
The Expropriation Authority will set up a Land Expropriation Group:
• The group is set up to also include representatives of Ministry of Finance, State Committee on Property Issues and State Land and Cartography Committee.
• Expropriation of the private, state and municipality lands.
• If necessary carries out marking in the lands of the affected persons.
• Receives and solves grievances given by affected persons during expropriation process in collaboration with the local Grievances Redress Commission.
• Work together with Evaluation Commission.
Resettlement Commission
• Expropriation authority coming to an agreement with the appropriate region (city) executive power sets up resettlement commission consisting of affected persons[4]. Its content shall not less than 3, more than 20 persons.
• Functions are:
o to take part in the preparation and execution of resettlement plan or recommendations
In accordance with Clause 19 of the Law on Expropriation of Lands for State Needs, No 987 III-Q Valuation Commission is set up and this Commission together with the Expropriation Authority and land expropriation group executes the following:
• Collection and analysis of data about the market value of expropriated land;
• Collection and analysis of data in connection with replacement value of structures including land and movable property.
• Independent evaluator is involved for the evaluation of expropriated land and other property.
• After analysing the proposal of independent evaluator and the opinion of the control authority, resolution is made about the compensation rates.
• Resolution is presented to the expropriation authority for implementation.
In accordance with the Law on Expropriation of Lands for State Needs, No 987 III-Q the Grievances Redress Commission (GRC) is set up. GRC is discussed in Section 11.
1 PRINCIPLES OF LAND ACQUISITION AND RESETTLEMENT
The following list of principles will govern the implementation of the Project:
• Avoid residential areas wherever possible to minimize physical relocation of people, and select alignments that minimize acquisition of privately or publicly held productive land;
• Adopt design standards that minimize the need to impose land use restrictions on adjoining areas;
• Develop fair and transparent procedures to determine compensation for (i) temporary loss of land/ assets during construction; (ii) permanent acquisition of land and assets; and (iii) restrictions on use of land that may be applied to areas adjoining the corridor;
• Put in place measures to minimize the potential risk of HIV transmission through adopting a policy of hiring local people for manual labour and requiring contractors to conduct HIV/AIDS awareness programmes for staff and contractors local people;
• Acquire land (or right to use land) for state needs through negotiated agreement, with the use of the 2010 Expropriation Law only as a last resort;
• Upon completion of construction, restore land as best as possible to its original condition to enable landowners/users/lessees to resume their pre-project activities;
• Keep affected people and communities fully informed about the project, the process that will be followed to acquire and compensate for land, and their related rights and avenues for redress;
• Develop a fair and accessible grievance redress mechanism;
• PAPs will receive support of various kinds, as per the principles set out in the Entitlement Matrix, which enables them to restore the same level of livelihood as prior to the Project; and
• PAPs will be notified of the project implementation schedule and consulted regarding the principles of land acquisition and loss of/ damage to assets.
GRIEVANCE REDRESS MECHANISM
A grievance mechanism will be established in line with the provisions of the Law on Expropriation of Lands for State Needs, No 987 III-Q to allow all PAP’s to appeal any decision, practice or activity arising from land or other assets with which they disagree or have concern.
In accordance with the Expropriation Law the Grievances Redress Commission (GRC) is set up as follows:
• İn the cases considered as necessary by the Cabinet of Ministries, an appropriate region (city) Executive Power sets up Grievances Redress Commission for administrative territorial division in which the land to be acquired consisting of appropriate persons.
• It consists of at least 3, at most 5 persons
• Grievances Redress Commission takes necessary measures about the grievances. If necessary, it can provide recommendations to expropriation authority.
• If person is not satisfied with resolution of Grievances Redress Commission, then he can present the grievance to control authority.
• If person is not satisfied with resolution of control authority as well, then he can apply to the court.
The Expropriation Authority will be responsible for addressing the grievances of the PAP and in case of necessity forwarding them to the appropriate agency/office (according to the specific nature of each grievance respectively) for action.
Excluding the recommendations on compensation costs, the Expropriation Authority accepts the recommendations of GRC and takes appropriate measures or forwards them to the Control Authority.
Due to slight impact of this project, there is no need to set up the above mentioned commission. The possible grievances can be sent to PIU and LAG and responded by them. If necessary, PAP should address their grievances to the Control Authority.
Procedure for recording and processing grievances.
GMC will be responsible for ensuring that all grievances expressed either verbally or in writing are recorded using the form below.
Grievance Complaint Reference No:
Date grievance received:
Date grievance logged:
Full Name:_______________________________________________________
Contact Information
Address:
_____________________________________________________________________________________
Please mark how you wish to be contacted - ((mail, (telephone, (e-mail)
Telephone:___________________________________
Email : ______________________________________
Date of Incident/ Grievance
What is the nature of your complaint? (continue overleaf if necessary)
How has the grievance/incident affected you?
What would you like see happen to solve the problem?
Signature:
Date:
Please return this form to:
Affected persons will be exempt from all administrative and legal fees incurred pursuant to the grievance redress procedures. All complaints received in writing (or written up when received verbally) will be documented by PIU.
An external monitoring consultant shall be responsible for monitoring the progress of resettlement issues in relation to grievance redress.
In the instance that the Contractor’s staff and / or Supervising Engineer become aware of any grievances relating to resettlement or land acquisition matters these shall be reported to PIU Director and the external monitoring consultant.
At all monthly progress meetings with the Contractor, the supervising Engineer will record any new matters arising relating to resettlement and land acquisition and progress made regarding existing issues. A copy of the minutes will be provided by the supervising Engineer to LAD, PIU and external monitoring consultant.
A summary of grievances will be forwarded to the World Bank as part of routine reporting.
Throughout the preparation and implementation of this ARAP, the PAP will be fully informed by group meetings of their rights and the procedures for addressing complaints. In order to avoid going through a lengthy and formal procedure of logging-in of complaints and waiting for the redress, care will be applied to prevent grievances from occurring by fully disclosing and consulting all provisions in the ARAP to the PAP. The PAP will be informed of key principles of resettlement laid out in this ARAP and the nature of the Project and sub-projects.
1 LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS
The PAP will be compensated in accordance with ARAP Compensation Methodology before the Project civil works can begin for the relevant road section. The land and assets may be taken away only after compensation has been paid and resettlement sites and relocation assistance have been provided to the PAP. Those project activities requiring relocation or resulting in loss of shelter will require that measures to assist the PAP have been implemented in accordance with the ARAP site-specific RAPs before displacement occurs.
MONITORING & EVALUATION (M&E)
In order to comply with the World Bank OP 4.12 requirements, a comprehensive monitoring and evaluation (M&E) procedure will be set up for the implementation of the ARAP, including:
• Internal performance monitoring
• Impact monitoring used to assess the effectiveness of the ARAP to its key objectives
M&E will help strengthen consistency and follow-up process of the ARAP implementation as well as the Project at large. One of the key elements of a successful M&E will include systematic and participatory public consultations and disclosure with all PAPs and other key stakeholders in order to ensure timely and effective identification of outstanding issues that may occur during ARAP implementation. M&E will help monitor the ARAP budget allocations, i.e. actual reimbursement of entitlements and compensation, as well as establish timely delivery of the compensation. It will also help evaluate the content of grievances, efficiency of procedures and accountability of handling the grievances. Finally, M&E will also help address the needs and interests of vulnerable PAP – the poor, women, children and elderly – to see whether compensation and other measures to restore the living standards of all PAPs have been properly designed and carried out.
The format for reporting will include (a) monthly, (b) quarterly and (c) annual progress reports.
M&E will also include monitoring by an external independent 3rd third party.
1 INTERNAL PERFORMANCE MONITORING
Internal Perforance Monitoring is a management tool intended to ensure that the ARAP is being implemented according to plan and the provisions of OP 4.12. Internal monitoring will be carried by the land acquisition department (LAD) and the PIU.
Areas of reviewrfor the internal monitoring of the ARAP will include the following:
• Budget and Timeframe – to track the budgets allocated on time and per each activity;
• Delivery of ARAP – to monitor the progress on compensation and rehabilitation measures being allocated to the PAPs and whether the Project benefits are provided to the PAPs;
• Institutional and management issues – the effectiveness of institutions and procedures associated with ARAP implementation;
• Consultation, Grievance and Specific Issues – to monitor the delivery of the consultations held with the PAPs as scheduled, disclosure of ARAP, reporting and screening of the grievance.
2 EXTERNAL IMPACT MONITORING
The external impact monitoring will be used to verify internal performance monitoring (including for key third-party stakeholders, including Central Government and the World Bank) but with a greater emphasis on assessing the effectiveness of the ARAP and its implementation in meeting the needs of the PAPs. Reporting will be conducted on an annual basis following the first year of implementation and over a period of at least three years.
The methodology for annual impact monitoring undertaken by independent auditors should involve:
• Field visits;
• Interviews with a random sample of PAP from different sites comprising the Project in order to assess their knowledge and concerns regarding the resettlement process, their entitlements and rehabilitation;
• Feedback from public consultations and disclosure with the PAP;
• Checking the type of grievance issues and the effective functioning of the grievance redress mechanisms by interviewing aggrieved PAP and reviewing grievance and appeals processing;
• Surveying the standard of living of the PAP after the implementation of the resettlement to assess whether the standards of living of the PAP have improved or been maintained, using baseline information for comparison;
• Advise project management of changes necessary to improve implementation of the ARAP
An independent consultant will be engaged by the PIU to undertake external impact monitoring.
PUBLIC CONSULTATION AND DISCLOSURE
The World Bank Group’s policies on resettlement, land acquisition and compensation provide a framework for a public consultation and participation process, as well as establish measures to redress the grievances of affected people.
Public consultation and disclosure is a key element of the ARAP, since it formally provides an opportunity for a wide range of stakeholders to participate in activities associated with the design, implementation and monitoring of the Project, including providing feedback to the RAP. The establishment of a process to redress grievances allows the Project to deal with issues proactively in the interest of solving any such grievances before having to resort to use of the formal legal system.
OP 4.12 and the IFC manual ‘Doing Better Business through Effective Public Consultation and Disclosure: A Good Practice Manual’ provide action-oriented guidelines aimed at ensuring that consultation with the all key stakeholders – the affected population national, local governments, civil society and community-based and traditional organisations -– is both effective and meaningful. These guidelines emphasise the need for the Project to ensure that the process of public consultation is accessible to all potentially affected parties. Emphasis is placed on the engagement of the people (households, communities, families/clans or institutional owners) who will lose their land and other immovable assets to the project in the identification, valuation, expropriation and/or dispute resolution aspects of the land acquisition process.
Accordingly, the Project has to ensure that:
• All stakeholders have access to Project information;
• The information provided can be understood;
• The locations for consultation are accessible to all who want to attend;
• Affected households and other entities have a meaningful say in the design and implementation of the ARAP; and
• Measures are put in place, which ensure that vulnerable or minority groups are consulted.
• Public Consultation and Disclosure of ARAP, including (a) Phase 1 – consultation during ARAP preparation such as dissemination of key Project background and objectives, description of final alignment and potential impacts; (b) Phase 2 -community consultations on potential impact and proposed mitigations, as well as consultations with other key stakeholders (local government, NGOs), (c) Phase 3 – consultations upon the approval of the ARAP with the affected individuals and communities at large
• Public Consultation and Disclosure describes the public consultation and disclosure processes the Project has to undertake in support of the ARAP. This includes measures taken by the Project to engage in consultation with key stakeholders and PAPs during the design of this ARAP. This also covers the commitment to consultations during Project implementation and M&E.
• The OP 4.12 stipulates a process of public consultation and disclosure that includes:
o Identifying stakeholders (owners and users of affected immovable assets) and ensures that there are adequate mechanisms for stakeholder feedback and information sharing;
o Informing representatives of affected people – local government, village leaders and independent estate surveyors that the people have recruited.
o Ensuring, directly or through people’s representatives, that all directly affected populations (or claimants who include landowners and tenants) are informed of the project, of the need for land acquisition, and type of proposed compensation measures as well as duration of alternative land use arrangements, where applicable;
o Briefing all Project line managers and staff who will interact with affected people on the anticipated effects of the Project and measures to mitigate its land acquisition and resettlement impacts;
o Arranging for the responsible government agency to issue formal notice (after completion of a census and dissemination of a public notice on the eligibility for compensation, coving issues pertaining to asset valuation methods);
o Declaring a clear cut-off date to ensure that no new construction of buildings or capital improvements is made on the directly affected lands;
o Project should be prepared to compensate affected stakeholders for all immovable assets, including improvements made on the land during the period that lapsed after the preparation of the asset inventory;
o Project should also be prepared to update the asset inventory and the valuations to constitute the basis of negotiations should there be a delay in the final investment decision and thus in land acquisition;
o Preparing an illustrated information booklet with details on eligibility, rates of compensation and other entitlements, a timetable for implementation, and applicable grievance procedures as part of the disclosure process;
o Establishing a system for gathering feedback on RAP implementation from all affected groups and communities;
o Launching participatory monitoring and evaluation processes; and
o Preparing and issuing regular RAP information updates.
Public Consultation and Disclosure Activities for ARAP
Preparation of this ARAP involved a consultation process that included several rounds of discussions with the relevant government representatives, including the representatives of the ARS LAD, the officials from the affected Rayons, and the representatives of the affected communities that took place during the preparation of (a) the RPF in 2010 and (b) in December 2011 for the purposes of the ARAP.
Up-to-date, the Public Disclosure and Consultations activities conducted for Section 1 of the Project included four (4) focus group discussions, ten semi-structured interviews, and one community meeting in Dzhangi and Dzheirakechmaz in December 2011 that covered approximately 100 persons. These activities were also complimented partially by the Household Survey (HHS) that followed the focus group discussions (FGDs), semi-structured interviews (SSIs) and the community meeting (CM).
Representatives of the community were selected for consultation during RAP preparation from the following groups:
• unemployed
• young population
• families of more then 3 children
• housewives of different age
• people, taking up seasonal work
• people, who have income from cattle
• people, living on benefits.
Key issues discussed during these consultations are presented in Table 11, with the findings summarized below.
Table 11: Key Issues Discussed during Public Disclosure and Consultations – Section 1, December 2011
|Issues |Composition of Participants |Activity |
|Project Basic Information: Objectives, |Various categories[5] of women, men, elderly |FGD, SSI, CM, HHS |
|Background | | |
|Project Potential Adverse Impacts of |Various categories of women, men, elderly |FGD, SSI, CM, HHS |
|Resettlement and Land Acquisition | | |
|Project Potential Benefits |Various categories of women, men, elderly |FGD, SSI, CM, HHS |
|Recommendations/Suggestions for the Project on |Various categories of women, men, elderly |FGD, SSI, CM, HHS |
|How to Mitigate Adverse Impacts and How to | | |
|Ensure Project Benefits | | |
As various categories of the PAPs and community leadership were consulted, principal conclusions included the following:
• Overall consent in their communities with the need for the Project to be commenced as a part of the national development agenda.
• Understanding of potential Project benefits including access to safer and faster transport, greater income-generating opportunities, markets, and social development gains such as better access to health and educational facilities, as well as social networks between communities
• Need for safer, reliable, and affordable transport services to become available for the PAP and especially to women, children and elderly
• Need for income-generating opportunities directly available to the local communities, especially working-age men, youth and women during and after construction for skilled and non-skilled jobs due to high unemployment among PAPs
• Fair compensation for all PAPs, regardless of their status (formal or informal users of land, house, building structure), permanent or temporary staff of livestock farms and small-scale businesses
• Protection of health and safety of PAPs, especially children and women who are engaged in small roadside trade
• Need for meaningful participation of the PAPs in the Project implementation, and M&E of its progress via inclusion of community representatives in the ARAP implementation committees
ARAP IMPLEMENTATION ACTIVITIES TIMETABLE
The schedule of the ARAP implementation specified by activities is proposed as shown in Table 12 below.
Table 12: Section 1 ARAP Implementation Schedule as per the 2010 Law on Acquisition of Land
|Activities |Months after ARAP Approval |
| |0 |1 |2 |3 |4 |5 |
Part 1: Socio-economic and Demographic Profile
1. Can you please tell us about yourselves?
1a. Marital Status: __________ 1bAge ____ years 1c Ethic Group ________ 1d Gender: _______ 1e Highest Education Obtained_______________
2. How long have you lived in this village? If you have migrated from another location, please specify when and why?
3. What is your main occupation and since when? What about the rest of your community?
4. How do you consider the socio-economic status of your community?
5. What is the primary source of income of your households? What about the rest of your community?
6. How do your families in your community care for the land and who participates in this work? Please elaborate
7. How do your families in your community care for the livestock and who participates in this work? Please elaborate
PART 2: Access to Road and Transport Services
8. How often do members of your community use the road and for what purpose? Please specify by type of transport, age, gender, occupation
9. How much does one spends on transportation per trip? Please specify per type of transport, location and frequency
10. How far are the school, health facilities, community market and other places (e.g. cemetery) that your community members visit and how do you get there? How often do you visit them? Please specify per type
11. Is it safe to drive or walk to those facilities for you, adults, children, and elderly? Please specify
PART 3: Knowledge about the Project
12. Have you heard of the project? If so, please specify when and from where?
13. Do you want to know more about the Project? If so, what exactly would like to know? Please specify
14. What, in your opinions, are the potential benefits of the Project for you and your community? Please specify
15. What, in your opinions, are the potential negative impacts of the Project for you and your community? Please specify
16. How does your community resolve problems (disputes) that may arise in your community? Who do you and people like you approach if you seek resolution of a dispute?
17. What, in your opinion, the Project has to take into consideration in order to protect the needs of the affected communities? Please specify
Annex 2: Questions for Semi-Structured Interviews
PART 1: STRUCTURED QUESTIONS
1. What is your position to the Head of the Household? Specify_______
2. Marital Status: __________ 3. Age ____ years 4. Nationality ________
5. Gender:_______
6. Education of Adult Members of Household:
1. Primary (1-4 grades) ________ persons
2. Incomplete (5-9 grades) ________ persons
3. Complete High School (10-11 grades) ________ persons
4. Vocational training (technical) ________ persons
5. Incomplete High School ________ persons
6. Secondary ________ persons
7. How long have you lived in this village? ____________ years
7a. If you have migrated from another location, please specify when and why?
8. What is your main occupation and since when?
9. How many people reside in your households and what do they do? _______ Total (persons)
10. How does your family cultivate your land plot and who participate in this work (specify all family members who participate)? Please elaborate
11. How does your family care for your cattle and who participate in this work (specify all family members who participate)? Please elaborate
12. How do you consider your family in economic terms?
13. What are you main sources of income?
Please indicate main sources of income earned by all household members (specifty – in the last month, last season and last year), by gender and age:
➢ Income from Land Plot (specify the year):
➢ Income from cattle (specify year):
14. What type of expenses does your household have?
Type of Expenses
| |MNT |
|Food | |
|Clothes | |
|Buying a house/apartment (specify) | |
|Buying a tractor | |
|Buying livestock | |
|Buying poultry | |
|Buying land | |
|Productive costs (specify) | |
|Utilities (specify) | |
|Medical expenses (medicine, medical treatment – specify) | |
|Education (specify) | |
|Ceremonies (wedding, burial, etc, specify) | |
|House/Building maintenance (construction materials) | |
|Other (specify) | |
PART 2: OPEN-ENDED QUESTIONS
1. How often do you and your household’s members use the road and for what purpose? Please specify by type of transport and household member(s)
2. How much do you spend on transportation per trip? Please specify per type of transport, location and frequency
3. How far are the school, health facilities, community market and other places (e.g. cemetery) that you and your household members visit and how do you get there? How often do you visit them? Please specify per type
4. Is it safe to drive or walk to those facilities for you, adults, children, and elderly? Please specify
5. Have you heard of the project? If so, please specify when and from where?
6. Do you want to know more about the Project? If so, what exactly would like to know? Please specify
7. What, in your opinion, are the potential benefits of the Project for you and your community? Please specify
8. What, in your opinion, are the potential negative impacts of the Project for you and your community? Please specify
9. How does your community resolve problems (disputes) that may arise in your community? Who do you and people like you approach if you seek resolution of a dispute?
10. What, in your opinion, the Project has to take into consideration in order to protect the needs of the affected households? Please specify
11. Do you have the title and other documents required regarding the ownership of your land plot? How many people are the owners of the land plot and who (specify)?
12. Do you have the title and other documents required regarding the ownership of your house? How many people are the owners of the house and who (specify)
Annex 3: Community Information Sheet
Time of Survey: Day____ Month____, 2011. __________ Rayon (city)
__________ Township (town) __________ Village ___________Village Group
Name of Village Head: __________ Interviewed: __yes __no
Code of the Village: __________ on the Road (Directly Affected?): Yes__ No__
Names and positions of others interviewed _________________________________
Distance from local rural road (km) _____ Distance from town (km) ___ Distance from Rayon center (km)___ Distance to nearest bus stop (km)____
|Total number of households of |Total population of the |Number of males |Number of females |Number of people by nationality |
|the village: |village (persons): |(persons):_____ |(persons):_____ |(persons): |
| | | | |______ |
| |Total income of the | | |______ |
| |village____ | | | |
|Number of adult workers:_______ |Number of male |Number of female | |
| |adult workers: |adult workers: | |
|Number of households in poverty:_____ |Number of people living in |Would you consider this village as predominately poor? |
| |poverty:______ |___ Yes ___No |
|Total amount of cultivated land of the village |Paddy field (Ha): |Water irrigated |Dry land (Ha): |
|(Ha):_____ | |land (Ha): | |
|Orchard (Ha): |Woodland (Ha): |Vegetable garden (Ha): |Fish pond (Ha): |Wasteland (Ha): |
| | | | |Other (Ha): |
|Net per capita income of households by different levels: (number of households) |
|___ 1-400 AZM ___ 400-700 AZM ___ 700-1300 AZM ___ 1300-2000 AZM ___ 2000-3000 AZM ___ >3000AZM |
|Main crop production: |Other main crops and |Tons or Units |Percent Percent |Free Market Price per ton or per |
|Tons produced ____ |agricultural products: |Produced: |Consumed Sold |unit: |
|Percent consumed____ |Specify |__________ |________ _____ |____________ |
|Percent sold____ |________________ |__________ |________ _____ |____________ |
|Average free market price per |________________ |__________ |________ _____ |____________ |
|ton____ |________________ |__________ |________ _____ |____________ |
| |________________ | | | |
|Migration in 2010 - 2011: |Number of people who graduated |How would you rate the overall |How many students from the village |
|Males out___ Females out___ |from middle |quality of education: |are now attending university? __male |
|where____(countries) |school: ___male ___female | |__female |
|Males in____ Females in____ | |__excellent __very good __good| |
|From (countries)_______ |Number of people who graduated |__fair __poor |Does village pay part of salaries for|
| |from high | |teachers? |
| |school: ___male ___female | |__yes __no |
| | | | |
| |Annual fees for school students | | |
| |_______ | | |
|Percent of cultivated land that is: |Number of workers who work in: |
|Private_____ |In Local area: Outside (far away): |
|Communal_____ |State enterprises: ___male ___female ___male ___female |
|Municipal______ |Rural enterprises: ___male ___female ___male ___female |
|Reserve Fund_____ |Government: ___male ___female ___male ___female |
|Other(specify)________ |Private hire: ___male ___female ___male ___female |
|Births in 2011: male____ female____ |How would you rate the overall quality of health services: |
| |__excellent __very good __good __fair __poor |
| |Does village pay part of salaries for medical staff? __yes __no |
|Are all houses connected to electricity network? __yes __no If no, what percentage are connected? ____ |
|Are all houses connected to gas network? __yes __no If no, what percentage are connected? ____ |
|Are all houses connected to water network? __yes __no If no, what percentage are connected? ____ |
|Is water safe to drink without boiling? __yes __no Water source: wells___ springs___ surface water___ piped____ |
|What non-agricultural products are produced in the village for sale elsewhere?_______________ Where are they sold?________ |
|What is the total market price of annual production_______________ How are they transported to market or buyers_______________ |
|What is the economic level of your village compared with other villages: |What is the economic level of your town compared with other |
|___ low ___ lower middle ___ middle ___ upper middle ___high |townships: |
| |___ low ___ lower middle ___ middle ___ upper middle |
| |___high |
|What do you believe will be largest benefit that will be brought about by the Project? |
|___ convenience of travel ___ convenient transport of goods ___ creation of job opportunities |
|___ more exchange of information that will be useful for business ___ development of township enterprise and increase of family income |
|___others (explain it here) |
|What do you believe will be the largest disadvantage that will be brought about by the Project? |
|___ pollution ___ lack of safety ___ adverse impact to income ___ house relocation ___ adverse impact to living conditions |
|___destruction of water conservancy facilities ___ others (explain it here) |
|Could you please rank in order of priority the four most important needs of the village? (enter 1 for highest priority, 2 for second, |
|etc.) |
|__ school ___ clinic ___ road ___ drinking water ___ electricity ___ water conservancy facilities ___ township enterprise |
| |
|___ more loans for production |
|___ others (explain) |
Annex 3 – Household Survey Questionnaire
A1. Code of questionnaire __________ A2. Name and code of interviewer _________________
A3. Date of survey: Day____ Month _____________2011
A4. ____________ District A5 _______________ city / town
A6. ____________ Village A7 _______________ name of community
A8. Distance from main road (km) _____
A9. Distance from district center (km) ___
A10. Distance from village / community road (km) _____
A11. Distance to nearest bus station (km) ____
A12. Type of village ________ mountain village ________ flat level village _______ near forest village
A13. Name and surname of household head ___________________________
A14. Gender of household head men _____ women ____
A15. Household type: nuclear family __________ extended family ______
A16. Number of children under 6 year ____ A17. Number of children under 16 year ___
A18. Total number of dependant older _____ A19. men ____ women ____
A20. Total number of household members ______ A21. men _____ women ____
A22. Have this household financial difficult: Yes___ No __
|B. Social demographic information of household members | | |
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|Relation to household head | | |
|Gender | | |
|Men -1 | | |
|Women - 2 | | |
|Age | | |
|Ethnicity | | |
|Present educational level | | |
|Employment | | |
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|For question 1. | | |
|01 - husband/wife | | |
|02 - son / daughter | | |
|03 - mother/father | | |
|04 - mother / father in law | | |
|05 - brother / sister | | |
|06 - brother / sister in law | | |
|07 - daughter / son in law | | |
|08 - grandfather/mother of head | | |
|09 - other relatives | | |
|For question 5. | | |
|1- Master’s degree | | |
|2- Bachelors | | |
|3- College, technicum (vocational school) | | |
|4- technical School | | |
|5- Secondary | | |
|6- Basic | | |
|7- Primary | | |
|8- No education | | |
|For question 6. | | |
|1 - hired worker in state sector | | |
|2 - hired worker in private sector (firm, company etc.) | | |
|3 - hired worker in agriculture (farm, agricultural enterprise) | | |
|4 - income from commercial activity, craftsman/ artisan | | |
|5 - work in household production (agricultural) | | |
|6 - free professional activity (tutoring, repair, transport, services etc.) | | |
|7- pension | | |
|8 - other | | |
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|B7. Number of household member who absent in survey date ______ | | |
|of which: | | |
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|# | | |
|Absent person | | |
|men | | |
|women | | |
|total | | |
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|B7.1 | | |
|Labour migrant | | |
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|B7.2 | | |
|Studying | | |
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|Service in army | | |
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|Other (specify) _________________ | | |
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C. Economic conditions of household
| |Type of land |size |
|C1. |Cultivated total area (100 m2): | |
|C2. |Non-cultivated total area (100 m2): | |
|C3. |Irrigated area (100 m2): | |
|C4. |Non-irrigated area (100 m2): | |
|C5. |Dry-farming land (100 m2): | |
|C6. |Orchard (100 m2): | |
|C7. |Forest (100 m2): | |
|C8. |Vegetable crops (m2): | |
|C9. |Hayfield (100 m2): | |
You is:
C11. Owner of land? - yes - 1; no - 2
C12. Leasing? - yes - 1; no - 2
C13. Owner or lease of additional land? - yes - 1; no - 2
C14. If you leasing of land, how much for 100 m2 per month paying? _________ manat
How you using your land? If don’t use go to question 20.
C15. We using ourself
C16. Giving to lease and for 100 m2 receiving? _________ manat
C17. First part we using, second part giving to lease
C18. Cultivated crops: C 19. Type of trees:
|C19 |Type of trees: |Age of trees |How much money |
| | |Specify by |received in |
| | |type |last year: |
| | | |manat |
|C19.1 |Apple | | |
|C19.2 |Pear | | |
|C19.3 |Quince | | |
|C19.4 |Pomegranate | | |
|C19.5 |Nuts | | |
|C19.6 |Plum | | |
|C19.7 |Grapes | | |
|C19.8 |Lemon | | |
|C19.9 |Mandarin | | |
|C19.10 |Orange | | |
|C19.11 |Feykhoa | | |
|C19.12 |Others________ | | |
|C18 |Crops: |Specify by |How much money |
| |(specify by type) |type |received in last |
| | | |year: manat |
|C18.1 |Tomato | | |
|C18.2 |Cucumber | | |
|C18.3 |Pepper | | |
|C18.4 |Egg-plant | | |
|C18.5 |Potato | | |
|C18.6 |Onion | | |
|C18.7 |Bean | | |
|C18.8 |Fasol | | |
|C18.9 |Pea | | |
|C18.10 |Cabbage | | |
|C18.11 |Water-melon | | |
|C18.12 |Melon | | |
|C18.13 |Greenery | | |
|C18.14 |Others________ | | |
C20. Main economic activity your household (specify) ____________________________________
C21. In economic activity your household involved how much family members:
C21.1. Men_____ C21.2. Women ____
C22. In economic activity your household involved how much workers from outside:
C22.1. Men _____ C22.2. Women ____
C22.3. ____ how much paying per working day (AZN) (specify)_________
C23. About livestock and poultry in your household:
|Number of livestock: |Number |
|C23.1. Cows | |
|C23.2. Buffalo | |
|C23.3. Ox | |
|C23.4. Young cattle | |
|C23.5. Sheep | |
|C23.6. Goat | |
|C23.7. Horse | |
|C23.8. Donkey | |
|C23.9. Poultry | |
|C23.10. Turkey | |
|C23.11. Gas-duck | |
|C23.12. Beehives | |
C24. Animals using for transportation: of which:
C24.1 Horse _____ C24.2 Donkey _____ (specify number)
C25. Type of vehicles in the household
| | |number |year: |Approximately cost in|condition: |
| |type | |1 - less than 5 year |AZN |1 - new |
| | | |2 - 5-10 year | |2 - good |
| | | |3 - more than 10 year | |3 - old |
|1 | | | | | |
|2 | | | | | |
|3 | | | | | |
C26. Annual income of household
| |C26.2 – forthcoming annual income for next year |
|C26.1 – annual income |1 - high :____(%), 2 – same, 3 - low____(%) |
|________AZN | |
C27. Structure of annual income of household
|# | |Incomes – (AZN) |
|С27.1 |Income from crop production sales | |
|С27.2 |Income from livestock sales | |
|С27.3 |Income from forestry production sales | |
|С27.4 |Income from fisheries | |
|С27.5 |Other business incomes of households, specify _______ | |
C28. Salary income, pension and benefits
|# | |Incomes – (AZN) |
| | |men member |women member |
|С28.1 |Wages | | |
|С28.2 |Pension | | |
| |of which specify type: | | |
|С28.2.1 | | | |
|С28.2.2 | | | |
|С28.2.3 | | | |
|С28.2.4 | | | |
C29. Money received from family members from abroad (AZN):
C29.1. Specify whom ______________ C29.2. where _________________
C29.3. from men member C29.4. from women member:
C30. Household average monthly consumption expenses
|№ | |Monthly |Annual |
|C30.1 |Total consumption expenses | | |
|C30.2 |Food and drinks | | |
|C30.3 |Clothing and Footwear | | |
|C30.4 |Housing, household utensils and operations | | |
|C30.5 |Medical care | | |
|C30.6 |Education | | |
|C30.7 |Wedding and funeral repast | | |
|C30.8 |Communication: mobile phone | | |
|C30.9 |normal phone | | |
| | | | |
|C30.10 |Others (specify) _________________________ | | |
D. Household dwelling:
D1. Total size of your overall area m2 ___________
D1.1. number of floor: _____ D1.2. number of rooms: _____
D2. Primary construction material of house
D2.1. brick D2.2. baked brick D2.3. soldier D2.4. stone D2.5. mixed
D3. Construction time house D3.1. less than 5 year D3.2. 5-10 year D3.3. more than 10 year
D4. How many square meters is the plot of land on which your house is built with the plot of land (100 2 ): _______
D5. Type of house: D5.1. separate house D5.2. part of separate house D5.3. apartment D5.4. Others (specify)
D6. Dwelling condition:
|№ | |inside |outside |
|D6.1 |WC |1 |2 |
|D6.2 |Bath and shower |1 |2 |
|D6.3 |Pipe water |1 |2 |
|D6.4 |Satellite dish (yes-1, no-2) |1 |2 |
D7. If you would like build a house just like yours how much would it cost you ?
D7.1 ……………….............(manat) D7.2 999 - I do not know
D8. Do you have any other properties like house, shop and summerhouse other than this house?
D8.1. 1- Yes __________________ specify type D8.2. 2 - No
D9. If someone would like to buy it how much money would you ask for? (If more than one write the total)
| |Property owned|Totally how much would it cost? |How much money would you ask in |
| | | |total? |
|D9.1. House | | | |
|D9.2. Flat | | | |
|D9.3. Shop | | | |
|D9.4. Other-Specify- ………….. | | | |
D10. Source of heating:
D10.1 Electricity D10.2 Central heating D10.3 Generator D10.4 Gas D10.5 Oil stove D10.6 Firewood stove
D10.7 of dry dung stove D10.8. Other (specify)_______________
D11. Using equipment
|# | |number |
|D.11.1 |truck | |
|D.11.2 |tractor | |
|D.11.3 |other agriculture equipment and engineering | |
D12. Durable goods
| | |number |
|D12.1. |Black and white TV set | |
|D12.2. |Colored TV set | |
|D12.3. |Satellite dish | |
|D12.4. |PC | |
|D12.5. |Mobile phone | |
|D12.6. |Music Center | |
|D12.7. |Tape recorder | |
|D12.8. |Video tape recorder | |
|D12.9. |Video camera | |
|D12.10. |Air conditioner | |
|D12.11. |Refrigerator | |
|D12.12. |Washing machine | |
|D12.13. |Sewing or knitting machine | |
|D12.14. |Motorcycle | |
|D12.15. |Bicycle for adults | |
E. Access to transport services and expenses
E1. Use of transport services
| | |to work |to school |to market |other |
|E1.1. |Transport using by family members (1- bus, 2- car, 3-| | | | |
| |taxi) | | | | |
|E1.2. |Time for transportation (hour, minute) | | | | |
|E1.3. |Total monthly transportation expenditures of | | | | |
| |household (AZN) | | | | |
E2. Improvement of transport:
| | |Yes |No |Other (specify) |
|E2.1. |Your household member satisfied used transportation services in generally?| | | |
|E2.2. |How you think need to improve roads? | | | |
E3. Economic situation:
| | |low |low mean |mean |good |high |
|E3.1. |Economic condition of your village (city/town) in | | | | | |
| |comparison with neighbouring | | | | | |
|E3.2. |Economic condition of your household (city/town) in | | | | | |
| |comparison with neighbouring | | | | | |
G1. Do you expect any significant positive effects on your livelihood or lifestyle as a result of the project?
| | |Yes |No |
|G1.1. | roads | | |
|G1.2. | transport | | |
|G1.3. |unemployment | | |
|G1.4. |good info for business | | |
|G1.5. |local entrepreneurship | | |
|G1.6. |increase family income | | |
|G1.7. |school | | |
|G1.8. |access to health services | | |
|G1.9. |access to market | | |
|G1.10. |access to relatives | | |
|G1.11. |other (specify) ____________________________________ | | |
G2. Given the impacts we have just measured, do you expect any significant negative effect to your livelihood or lifestyle as a result of the project?
G2.1. abuse of environment G2.2. low security G2.3. negative effect to incomes
G2.4. remove housing G2.5. negative effect to living conditions
G2.6. violation waterproof equipment G2.7. migration G2.8. health risks
G2.9. other (specify) ______________________________________________________
G3. Project will improve, please circle by level of importance
|G3.1. |school |1 |2 |3 |4 |
|G3.2. |hospital |1 |2 |3 |4 |
|G3.3. |market |1 |2 |3 |4 |
|G3.4. |dinking water |1 |2 |3 |4 |
|G3.5. |electricity |1 |2 |3 |4 |
|G3.6. |waterproof equipment |1 |2 |3 |4 |
|G3.7. |local entrepreneurship |1 |2 |3 |4 |
|G3.8. |other (specify) |1 |2 |3 |4 |
G4. Are you aware of the proposed Project?
G4.1. 1( ) No, I didn’t know
G4.2. 2( ) Yes, I knew -( How did you hear about the Project?
G4.2.01( ) Teams that visited before
G4.2.02( ) Land teams identifying the corridor and the affected parcels
G4.2.03( ) Social meetings held in and around the community by people
G4.2.04 ( ) Public meetings organised by the Project
G4.2.05 ( ) Meetings organised by local officials
G4.2.06 ( ) Radio
G4.2.07 ( ) Newspaper
G4.2.08 ( ) Television
G4.2.09 ( ) Hearsay
G4.2.Other – Specify- ..................................................
I would like to express my gratitude to you for your cooperation and assistance.
Annex 4: Verification of the Centreline and ROW against the Cadastral Mapping
PDF files
Annex 5: The Survey of this Potentially Affected Household
PDF file
-----------------------
[1] Cost of construction materials and labour at market rates plus any transaction/registration costs.
[2] Cost of construction materials and labour at market rates..
[3] Cadastral plans and field verification at the time of the survey indicated that the land along Section 1 is state owned. However, some commercial structures owners could not be found or could not present a full set of ownerships documentation at the time of the survey. Therefore, it is recommended that the entitlement matrix contains reference to Residential/ Commercial Land Loss Entitlement in case of any future claims.
[4] The composition of resettlement commissions is subject to specific agreements between the expropriation authority and relevant executive powers.
[5] Categories were determined taking account of age, marital status, education, employment and
disability
-----------------------
SFG1634 V1
URS Infrastructure & Environment UK Limited
Scott House, Alençon Link, Basingstoke, RG21 7PP United Kingdom
Tel +44 (0) 1256 310200
Fax +44 (0) 1256 310201
Construction matreial
Size
NOTE
stone, bricks
9.80 x 4.90 x 2.70
1 - floor
brick
7.30 x 4.30 x 1.60
wood
2 x 2
stone-brick
length25.70 x height-1.90
height-1.10-stone-0.8-brick
TYPE
QUANTITY
NOTE
Grape
7
Fig
10
Quince
25
Apple
11
Pomegranate
4
Cherry
3
Pear
2
Apricot
5
Mulberry
17
Almond
2
Pine
13
Plane
1
total:
100
Bath
TREES
Stone fence
STRUCTURE USER - MURSAL?YEV N?ZAM? ASADADASH
Structures
House - flat roof
Stable - flat roof
................
................
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