TAJ: CAREC Corridors 3 and 5 Enhancement Project. Rehabilitation of 88 km Vose - Khovaling subnetwork

Transcription

1 Safeguards Document June 2016 Due Diligence Report TAJ: CAREC Corridors 3 and 5 Enhancement Project Rehabilitation of 88 km Vose - Khovaling subnetwork connecting road. Assessment of Compliance with the Safeguard Requirements for proposed works on rehabilitation of the rural feeder roads. Prepared by: Ministry of Transport / Project Implementation Unit Roads Rehabilitation for the Asian Development Bank This report on safeguards compliance is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 1

2 Contents Introduction... 4 Justification of the proposed rural feeder road rehabilitation... 4 Need for Due Diligence Report...5 Scope of W ork... 5 Methodology and Information Collection...11 Management of Social and Resettlement Impacts Temporary Impacts during Construction...11 Consultation and Information Disclosure...12 Grievance Redress Mechanism...14 Grievance mechanism during the implementation phase...15 Formation of Grievances Redress Committee (GRC)...15 Findings...15 Conclusions Monitoring Arrangement

3 Abbreviations and Acronyms AH ADB AIDS CAREC CC CRBC DF DMS DP EA EMC FGD GRC GRM Ha HH ID IM IR Kg LAR LARP LC LS LURC M&E MOT NGO NoL PC PIU RR PLU PMC PPTA PSA RoW RT SCLMG Sl SLU SPS SPISPM SR STD TJS ToR Affected household Asian Development Bank Acquired immune deficiency syndrome Central Asia Regional Economic Cooperation Civil Code of the Republic of Tajikistan China Road and Bridge Corporation Dekhan Farm Detailed measurement survey Displace Person Executing agency External Monitoring Consultant Focused group discussions Grievance redress committee Grievance redress mechanism Hectare Household Identity cards Independent monitor Involuntary resettlement Kilogram Land acquisition and resettlement Land acquisition and resettlement plan Land Code of the Republic of Tajikistan Lump sump Land use rights certificate Monitoring and evaluation Ministry of Transport Non government organization No objection letter Production Cooperative Project implementation unit for road rehabilitation Primary land users Project Management Consultant Project preparatory Technical assistance Poverty and social assessment Right of way Republic of Tajikistan State Committee on Land Management and Geodezy Serial number Secondary land user Safeguard policy statement State committee on investment and State property management Safeguard requirements Sexually transmitted diseases Tajikistan somoni (currency) Terms of reference 3

4 Introduction 1. The proposed Central Asia Regional Economic Cooperation Program (CAREC) Corridors 3 and 5 Enhancement Project is aimed at improvement of roads and associated sub-network by strengthening the 89 kilometer (km) Sayron-Karamik section, rehabilitating the 88 km Vose - Khovaling sub-network connecting road, and improving road safety and roadside communities with renewable energy installations. These will improve national road network connectivity and quality of service, promote trade and energy diversification awareness, facilitate the economic and social development in Tajikistan, and contribute to reducing isolation. 2. Vose - Khovaling - Tavidara road extends the first ADB-assisted road in Tajikistan, starting at Asian Highway (AH) 66 and connecting through the Darband - Kalaikhumb road to the CAREC Corridors 3 and 5. This two-lane road was a republican road during the Soviet Union time but has seriously deteriorated due to prolonged inadequate maintenance and recent flood damage, causing transport difficulty and safety concerns. 3. Civil works related to rehabilitation and reconstruction of Vose-Khovaling road section will require acquisition of land and property. For majority of the alignment, impact is limited to acquisition of lands and minor structures (including fences, walls and wire meshes, etc.), however in some sections the major structures (including houses, commercial structures, etc.) are also affected. According to the ADB Safeguard Policy Statement (2009) projects classification this project is categorized as B screening impact on social safeguards. 4. Referring to Project Administration Manual Project Number: Grant No. G July 2013 Appendix 4 Implementation Arrangement for Feeder Roads (page 66), in addition to the project road, the Government of Tajikistan is requesting the use of ADB financing for much needed repairing and rehabilitation of the prioritized rural feeder roads connecting 15 highly populated villages in Vose and Khovaling district to the project road. Proposed rural feeder roads also connect several villages to the hospitals, clinics markets and sub-districts administrative centers in Vose and Khovaling districts. The proposed community roads are the most important rural road networks with high transportation and movement. These roads networks were built during soviet era since then had very few maintenance activities by the local road departments due to insufficient budget allocated for rural roads improvement. Condition of the proposed road for rehabilitation is very bad and not safe for exploitation. Justification of the proposed rural feeder road rehabilitation 5. The rural roads proposed for rehabilitation connect seven villages in Vose and eight villages in Khovaling districts to the main project road. Proposed activities include earthworks, pothole patching, hot asphalt pavement, drainage works, slope protection works, etc. Condition of the proposed roads for rehabilitation is deteriorating year-by-year causing damages to transport means, agricultural goods and other properties during transportation. Proposed roads for rehabilitation connect villagers to the districts and sub-districts administrative centers, hospital and main market places in the area. 6. Considering the high pattern of vehicle movement on the project proposed rural feeder roads, project decided to rehabilitate these roads as highly important for improved social and economic conditions of the people connected to project road, jamoats administrative centers and the main hospitals and clinics in the area. 7. The proposed works will improve efficiency and quality of transportation of goods and better convenience of peoples accessibility. Moreover, rehabilitation of these roads will enhance the convenience and the safety of the communities in transportation activities. 4

5 8. Extended benefits will include construction works providing the local population with employment opportunities and thus to receive short-term socio-economic benefits. To ensure that these benefits are directed to local people, the Contractor will be required to employ as much of his labor force as possible from the local communities particularly within the vicinity of construction sites. 9. After rehabilitation stage, having good access to main road the project will have overall beneficial impacts on livelihoods of communities and quality of their lives with improved access to resources and business opportunities in the area. Need for Due Diligence Report 10. In order to capture unexpected impacts, that may result from the proposed rural roads rehabilitation activities, that may necessitate modifications to safeguards management arrangements, ADB may require the borrower to undertake due diligence. This Due Diligence Report (DDR) has been compiled to review the need for amendments to borrower s/client s social safeguards assessments and plans resulting from the proposed changes. It also describes (if necessary) updating of resettlement plans etc. to ensure that safeguards measures are in place and to avoid, wherever possible, and minimize mitigate and compensate for adverse social impacts. 11. This DDR presents the proposed rural roads rehabilitation works and the need for any amendments changes to the resettlement action plan are reviewed. Due social safeguards impact assessment has been carried out, which identified that the proposed activities will not have any impact on lands, structures and properties of people and communities as the road rehabilitation activities are carried out within existing RoW of the proposed roads. Moreover, planned construction works are only rehabilitation and there is no any need for creation of construction camps and temporary land take for machinery and other works. 12. The present report has been prepared by the PIU RR / Ministry of Transport of Tajikistan (MOT) and describes the findings of the social safeguard studies on the proposed rural feeder roads rehabilitation works. Due social safeguards impact assessment has prevailed, that is no any displaced person and/or any other impact on people and their property and lands. Project does not encounter any land acquisition case/problem. The compensation procedures are not applicable as there is no necessity. 13. The results of the study suggest that the impact of this subproject does not incur any land acquisition or resettlement impact. The reason is that the construction works are selected for repairing and rehabilitations and not for new constructions. Scope of Work 14. Road rehabilitation works include earthworks (removing waist material, bitumen, earth, etc.), pothole patching, new pavement (base course, prime coat, tack coat, hot asphalt pavement for wearing course, etc.), drainage works, retaining walls and other slope protection works. Width of the roads for rehabilitation is normally 5-6 meters within the territory of existing old road. Overall length of the road planned for rehabilitation is 15.7 km in Vose and 14.1 km in Khovaling districts. Map below provides information on the proposed rural feeder roads for rehabilitation being connected to the main project road at certain chainages. Map of the Corridor 3 and 5 and the proposed rural feeder roads fo r rehabilitation 5

6 15. Information on the villages, the length of the proposed roads for rehabilitation/maintenance and the main project road sections connected to the community roads is given in table 1 below. 6

7 Table 1: List of villages and length of road # District Name of Village Length of the road (km) Chainage (km) 1 Dari Mukhtor ShekhMazon Dorobi Lohuti Khovaling 5 Pushti Shahid Kuldara Navruho Sadbargo Total in Khovaling district Darnaichi Gelot Uchkun Vose Guliston Kainar Tub-Balnitsa Kirov Total in Vose district 15.7 Overall 15 rural feeder roads for rehabilitation with total length of 29.8 km 7

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24 Photos of the rural feeder roads proposed for rehabilitation Road to Sadbargo village in Khovaling district (connection to the main road at km ) Road to Kuldara village in Khovaling district (connection to the main road at km ) Road to Pushti Shahid village in Khovaling district (connection to the main road at km ) Road to Lohuti village in Khovaling district (connection to the main road at km ) 8

25 Road to Dorobi village in Khovaling district (connection to the main road at km 6+950) Road to Shekhmazon village in Khovaling district (connection to the main road at km 3+010) Road to Darai Mukhtor village in Khovaling district (connection to the main road at km 2+395) Road to Darai Mukhtor village in Khovaling district (connection to the main road at km 2+395) 9

26 Road to Darnaychi village in Vose district (connection to the main road at km ) Road to Gelot village in Vose district (connection to the main road at km ) Road to Kainar village in Vose district (connection to the main road at km ) 10

27 Road to Guliston village in Vose district (connection to the main road at km ) Road to Tubbolnitsa village in Vose district (connection to the main road at km ) Road to Kirov village in Vose district (connection to the main road at km ) Methodology and Information Collection 16. The DDR has been prepared for CAREC Corridor 3 & 5, Enhancement Project, Rehabilitation of 88 km Vose - Khovaling sub-network connecting road for proposed rural feeder roads rehabilitation activities in Vose and Khovaling district, as ADB Safeguards Policy Statement 2009 requirement to carry due diligence when a change of project design and/or additional activities are proposed at the implementation stage. 17. After request from local communities and the government bodies at local and central level, the safeguards team in PIU, PMC and local government representatives visited the site, met local people, communicated with the project stakeholders and made photoreconnaissance in order to prepare this DDR and comply the report. 18. Methodology has included the following tasks: i. Collection and review of relevant reports such as proposals, feasibility study and other information provided by MoT; ii. Review of statistical reports prepared by PIU RR based on socio-economic studies conducted for the project direct beneficial communities; iii. Review of documents prepared by PIU RR and other stakeholders; iv. Consultation with relevant staff of MoT, PMC, site engineers, local government; v. Consultations with Contractor; vi. Consultations with residents in the project area; vii. Field research along the roads connecting villages to the main project road, etc. Management of Social and Resettlement Impacts 19. The resettlement action plan has made provisions to compensate for land acquisition and loss of property, material goods livelihood during the implementation of the Project. The Project follows the ADB s Safeguards Policy Statement (2009) and Operations Manual (OM) 11

28 Section F1/BP (2010), the Constitution, the Land Code (LC) and the Civil Code (CC) of Tajikistan. 20. The following basic principles of ADB s Policy on Involuntary Resettlement have been used as a guide the Project and in compiling the resettlement plan: (i) Involuntary resettlement should be avoided or minimize by exploring all viable project options; (ii) Identification of affected persons and compensation for lost property and income; (iii) Assistance in resettlement and restoring the living standards to the level without the project; (iv) The affected people should be fully informed and closely consulted on resettlement and compensation options; (v) The absence of formal legal title should not be a bar to compensation or assistance in rehabilitation of livelihood; (vi) Pay special attention to particularly poor and vulnerable groups. Temporary Impacts during Construction 1. Although there will be no acquisition of privately used land or displacement of any people, whether titled or non-title holders, communities in the site neighborhoods may suffer temporary impacts during construction. Civil works constructors may require to establish site camps and access roads as well as stockyards requiring land those may have private users for agriculture and businesses. The measures for such temporary impacts will be the responsibility of the civil works contractor. To eliminate such impacts the civil works contractors will undertake the following measures: a) Informing all local communities about the nature and duration of work well in advance so that they can make necessary preparations; b) Always keeping clean of construction materials and provide full access to houses, business places, ensure vehicle and pedestrian access is not disturbed all the time; c) Increasing the workforce and using appropriate equipment to complete the work in a minimum timeframe with least impact on livelihoods and economic resources; d) Continuing accessibility to all types of facilities including communication lines, water systems, electricity, etc. that are available in the construction zone, should be ensured; e) If rental land is used, negotiating with the land owners and users as appropriate on fair terms and conditions, and f) Measures for minimizing dust and noise pollution as per the environmental management plan. PIU RR and PMC will monitor the identification of construction related temporary impacts and ensure that GRM is fully functional and accessible to the communities for any events of inconveniences to the communities out of civil works construction. Consultation and Information Disclosure 21. The objectives of the stakeholder consultation process is to disseminate information on the project and its expected impact and outcome among primary and secondary stakeholders and to gather information on relevant issues so that the feedback received can be used to address prevailing issues at early stages of the project design. Another important objective is to determine the extent of the concerns amongst the community, to address these in the project level and to suggest appropriate mitigation measures of any adverse impacts at early stages of the project design. Stakeholders feedbacks and perceptions on the selected rural feeder roads rehabilitation works have been incorporated into the design and works. 12

29 22. Information disclosure is being undertaken as per the requirements of SPS and the local policies and principles. Several sessions of consultation meetings have been held at the community centers in both project districts at jamoat level. 23. PIU and Consultant safeguard staff met repeatedly with the people from several villages who are connected to the main project road through the rural feeder roads, during preparation of the proposals of these additional works and collected views of community members on the rehabilitation activities. Stakeholders views are very positive and supportive for the implementation of the proposed rehabilitations of the selected rural feeder roads. People have access to project information and were consulted on social safeguards provisions, entitlements and rights to compensation if the face adverse impact to their lands and properties by the project. 24. ADB Safeguards Policy Statement of 2009 principles and National laws on land acquisition and resettlement requirements and project plans and proposed activities are disclosed to the communities members and local government representatives. Roles and responsibilities have been allocated to implement and monitor project ensuring compliance with the Tajikistan Laws and SPS 2009 of ADB. Community consultation meeting in jamoat Mirzoali Vaisiev in Vose district 25. Communities / beneficiaries of the rural feeder road rehabilitation works were informed that they have right to express their propositions, grievances and issues, seek solutions and report on alleged violations of the adapted policies established for the implementation the proposed bridge rehabilitation works. Within each village the community leader and responsible person from jamoat a member of the local authority are nominated to receive, file and process further issues raised by community and/or individuals. 13

30 Community consultation meeting in jamoat Dehoti Khovaling of Khovalng district Consultation with local authorities and heads of communities in Khovaling district Grievance Redress Mechanism 26. Earlier in the project a Grievance Redress Committee was established according to ADB s SPS 2009 requirements. The GRC members in charge in each district of project location shall visit the site regularly to meet the local residents and construction site. Local communities and individuals also can contact the GRC focal person (nominated GRC member from jamoats) in case of any appeals, requests or claims. No claims have been registered so far, as no works were done at the site. 27. Consultations will continue throughout construction phase as per the project s communication plan. Records including reports on social and environmental complaints and grievances will be kept in a database and GRC will ensure immediate follow up and resolutions. In order to receive and facilitate the resolution of possibly affected peoples concerns, complaints, and grievances concerning the project s performance a Grievance Redress Mechanism (GRM) that has been established for the project will be used for addressing any complaints that arise during the implementation of the subproject road. In addition, the GRM will include a proactive component whereby at the commencement of construction of road the community will be formally advised of project implementation details, so that all necessary project information is communicated effectively to the community and their immediate concerns can be addressed. This proactive approach with communities will be pursued throughout the implementation of the subproject. 28. The GRM will address potentially affected people s concerns and complaints proactively and promptly, using an understandable, communicated and transparent process that is gender responsive, culturally appropriate and readily accessible to all community members at no costs and without retribution. The mechanism will not impede access to the Country s judicial or administrative remedies. 14

31 Grievance mechanism during the implementation phase 29. Complaints and grievances received during the construction work addressed through the following steps and actions: Step 1: Complaints will be lodged at the sub district offices level where the responsible and Jamoat officers, as representatives of the affected person, will attempt to resolve the issue. Each complaint will be registered, signed by the affected person and a representative of the Grievance Redress Committee, and the receipt of the complaint given to the affected person. The period fixed for resolution of complaints is 30 calendar days. Step 2: If a grievance is not resolved during a 30-day period, the affected person (or her/his representative, if chosen) may lodge the complaint to the Working Group Committee at the MoT. The Working group Committee has an obligation to attempt to resolve the issue within15 calendar days. Step 3: DPs have right to appeal to the court of law at any time if they wish to do so. Formation of Grievances Redress Committee (GRC) 30. Grievance Redress Committee (GRC), which are already affective in Vose and Khovaling districts under CAREC Corridor 3 & 5 Enhancement project will register and follow up on any issues and/or complaints raised by any individual or community members in a group. The GRC consists of representatives of the MoT, the local hukumat, DPs, women DPs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and to ensure a participatory decision-making process. The GRC decisions will be made by majority of members and will be publicized among the local communities and directly to the complainant(s). If the complainants are not satisfied with the GRC decisions, they can always file their cases in court. Findings 31. Rehabilitation and reconstruction of the proposed rural feeder roads connecting several villages to the main project road, to the hospitals and jamoats administrative centres do not have any negative or adverse impact on community and private properties. Rehabilitation works will take place within the RoW of the existing roads. The proposed project area is purely government administered land and there is no any other registered land and property rights on these locations. Project does not have any type of economic and or physical relocation impact. RoW and shoulders of the existing road is wide enough and have not been encroached by hawkers, shop-fronts, etc. Therefore, there will be no foreseen loss of income or assets. To maintain customer/residential access, construction contracts should include a clause requiring contractors to provide appropriate walkways and vehicle access to all required sections of the project apart from the available alternative (diversion) roads in the area. Conclusions 32. The results of this Due Diligence study concludes that, there should be no issues of land acquisition and resettlement related to this subproject, if the proposal for road improvement does not change substantially, for instance realignment of vertical and/or horizontal dimensions of the subproject roads. If substantial changes do occur, then 15

32 additional studies will be effected and actions within the laws of Tajikistan and in compliance with ADB SPS 2009 will be enacted, as required and appropriate. 33. The proposed rehabilitation / reconstruction of the rural feeder roads is predominantly existing piece of infrastructure that does not create any impacts not already anticipated. Proposed construction works does not require additional land and all works and required space for preparation activities are planned to be taking place within RoW and on land under government administration. 34. During construction or maintenance work, the Contractor will take all measures to mitigate the possible adverse effects (such as noise and dust) and the Consultant in turn will run strict monitoring of the Contractor's activity for timely undertaking of mitigation measures in line with the accepted EMP/SSEMP. 35. The project will not create any additional impact on cultural or heritage sites and neither does it pass through area subject to heavy development. Proposed rehabilitation works will not create conflicts with natural resource allocation. 36. Hereby based on the above-stated and the results of the social safeguards assessment, the proposed rural roads rehabilitation works has Not Resettlement Impact considering the following: 1. Construction activities does not require new camp and or machinery parking area and additional space for heavy machinery movement; 2. There is no widening (construction of additional lines) activities in the proposed rehabilitation works. Construction area is limited within existing RoW; 3. There no any tenants or persons who use land unofficially, etc. For additional information, refer to Appendix 1: Involuntary resettlement impact checklist based on social safeguard assessment conducted by EA, PMC and local authority. 37. In case any claims or complaints are submitted during the construction period, an effective and efficient Grievance Redress Committee being in place, will enhance provision of timely and sensible hearings and facilitate solutions. Monitoring Arrangement Implementation of the proposed rural roads rehabilitation activities will be monitored by PIU/MOT internally, assisted by the PMC Social Safeguards Specialist. If any significant resettlement issues or any unanticipated impacts are identified the monitoring team will advise on safeguard compliance issues and prepare a corrective action plan to address such issues. Such planning document should be approved and disclosed before proceeding for the implementation of the specific project components for which involuntary resettlement and environmental impacts are identified. 16

33 Appendix 1: Involuntary Resettlement Impact Screening Checklist I Involuntary resettlement impact checklist Grant T a j (SF): CAREC C orridor 3 and 5; Enhancement Project Rehabilitation o f 88 km Vose - Khovaling sub-network connecting road Social Safeguards assessment has been carried out for the proposed works on rehabilitation / maintenance of the rural feeder roads in Kirov, Tub-bolnitsa, Kainar, Guliston, Uchkul, Gelot, Darnaichi villages of Vose and Sacfbargo, Navruho, Kuldara, Pushti Shahid, Lohuti, Dorobi, ShekhMizon, Darai Mukhtor villages of Khovaling districts connecting villages to the Corridor 3 and 5, A. Screening Questions for Involuntary Resettlement impact Below is the screening for involuntary resettlement impacts. Both permanent and temporary impacts were considered and reported in the screening process. # Involuntary Resettlement Impacts Yes No Remarks 1 Will the project include any physical construction work? a Does the proposed activity include upgrading or rehabilitation of existing physical facilities? 3 Will it require permanent and/or temporary land acquisition? 3 Is the ownership status and current usage of the land known? a Are there any non-titled people who live or earn their livelihood at the project site or within the corridor of impact (COI) / Right of Way (ROW) 3 6 Will there be loss of housing? 3 7 Will there be loss of agricultural plots? 3 Proposed activities include only rehabilitation/ maintenance of the existing facilities with no widening or extension works. Existing rural feeder roads lands belong to the road maintenance departments of the project location districts. Page 1 of 2 17

34 / # Involuntary Resettlement Impacts Yes No Remarks 8 Will there be losses of crops, trees and fixed assets (i.e. fences, pumps, etc.)? 9 Will there be loss of businesses or enterprises? E 10 Will there be loss of incomes and livelihoods? Will people lose access to facilities, services, or natural resources? Will any social or economic activities be affected by land use-related changes? Were there any people being displaced from the assigned land! project site in anticipation of the subproject activity? Are any of the affected persons (AP) from indigenous or ethnic minority groups? ti! i П i There are alternative roads/access facilities, : which connect villages to the main road. E1 t E N. A. В. Involuntary Resettlement Impact The EA / Safeguard Team confirm that the assigned land / proposed subproject is П Has Involuntary Resettlement (IR) impact, a resettlement plan (or corrective action plan) is required V] Will Not have IR impact Prepared by: Signature,, h Name: Sherali Mahmadaliev Position: Social Safeguards Senior Specialist PIU RR 1 < л Verified by: Signature: _ < Name: Arabzoda Nurali Position: Director of PIU RR Date:. Qf)* % Gib Date: Щ 0½ ' 2lO ffe Page 2 of 2 18