Bishkek Solid Waste Project. Livelihood Restoration Plan. City of Bishkek

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1 City of Bishkek August 6 th 2014

2 BISHKEK SOLID WASTE PROJECT LIVELIHOOD RESTORATION PLAN Table of Contents 1 Introduction Project Description Legal Framework Legislation of the Kyrgyz Republic EBRD Standards Gaps Between National Legislation and EBRD Standards Development of the Preliminary Investigations from March Socio Economic Baseline Data Collected Through the Census and Survey Eligibility and Entitlements Eligibility for Assistance Description of Entitlements Entitlements Matrix Implementation of the LRP Consultation and Disclosure of Information Grievance Mechanism Institutional Responsibilities for Implementation of the LRP Timetable for LRP Implementation Monitoring and Reporting Monitoring Reporting Funds for LRP Implementation... 22

3 1 Introduction The City of Bishkek ( the City ) is preparing to implement the Bishkek Solid Waste Project ( the Project ), aimed at improving the solid waste management system in the city. Funds for the implementation of the Project will be provided through the European Bank for Reconstruction and Development (EBRD). During the development of the Project Feasibility Study and the Environmental and Social Impact Assessment, it was determined that a number of people are collecting waste at the waste dump for livelihood generation. As the Project is implemented, and the existing waste dump closed, these people will no longer be able to continue collecting waste and will loose their source of livelihoods. In accordance with EBRD s Environmental and Social Policy of 2008, in cases of economic displacement caused by the Project, such as in this case, appropriate livelihood restoration measures have to be developed and implemented. The City of Bishkek has developed this (LRP) with assistance from EBRD funded consultants, in accordance with Kyrgyz legislation and the EBRD s Environmental and Social Policy from 2008, particularly Performance Requirement 5 (Land Acquisition, Involuntary Resettlement and Economic Displacement). The aim of the LRP is to list measures for assisting waste pickers to identify alternative sources of livelihoods by the time the existing waste dump closes, in the next three years. The plan will be implemented on behalf of the City of Bishkek by the LRP team, which will be formed at the start of implementation, as described further in the document. 2 Project Description The Bishkek Solid Waste project consists of a financing package of EUR 22 million (a sovereign loan of EUR 11 million and a grant of EUR 11 million) to the Kyrgyz Republic to be on-lent to the City of Bishkek, for building a new landfill and establishing a new company to own and operate the facility. The overall project will improve the City s solid waste management, including collection across the city, investment in an urgently needed sanitary landfill and the closure of the existing dumpsite, which is at the end of its economic life. The investment will result in an improved level of public service, the introduction of waste recycling and environmental improvements. The Project may cause physical displacements of households currently residing in the Altyn Kazak settlement to the west of the existing dump site. The relocation of households will depend on the width of the safety protection zone that is to be established by the Chief Medical Officer of the KR 1. A separate Resettlement Framework document has been developed and adopted by the City of Bishkek to deal with possible physical displacement of these households. The Project Feasibility Study and the Environmental and Social Impact Assessment, carried out in the period 2010 to 2013, stated that approximately 1,000 informal waste 1 According to information received from the Centre of State Sanitary and Epidemiological Surveillance of Bishkek, in accordance with the rules "SanPin 2.2.1/ on sanitary protection zones and sanitary classifications". 1

4 pickers work at the existing dumpsite. With the closure of the existing dumpsite, these people would be affected by reduced access to the recyclable materials that constitutes their primary source of income and livelihood. Under the EBRD s Environmental and Social Policy from 2008, they must be assisted to find alternative sources of livelihood, i.e. to restore them to their previous level or improve them. EBRD provided consultant support to the City of Bishkek to develop a Livelihood Restoration Plan. The first survey was carried out in March 2013 with approx. 130 waste pickers. However it was then determined that in order to identify all people who are regularly present at the waste dump and seasonally present, especially during the winter period when other temporary jobs such as construction works, are not available, it was necessary to organise daily recording of waste pickers, over a longer period of time. A census implementer was contracted by the Consultants who recorded waste pickers every day in the period from December 2013 to April Following that, in the period from April 2014 to the end of May 2014, the waste pickers were recorded at the waste dump every other day. Approx. 230 people were registered through this census activity, which is far below the number of 1,000, initially estimated in the Feasibility Study. In parallel with the census, during April and May 2014, a new survey was carried out with waste pickers and 65 of them agreed to participate. The results of the census and survey activities are provided in 4.2 Socio Economic Baseline Data Collected Through the Census and Survey. 3 Legal Framework The following sections provide an overview of Kyrgyz legislation and EBRD standards applicable to this Project, as well as an overview of the main gaps between the two, which are to be addressed through the development and implementation of this LRP. 3.1 Legislation of the Kyrgyz Republic Economic activities Kyrgyz law does not make any explicit provisions to assist or compensate informal livelihoods negatively impacted by the activities of infrastructure projects. However, the right to exercise economic activities that are not otherwise defined as illegal is explicitly guaranteed in the Kyrgyz Constitution (Section II, Chapter I, Article 42, Paragraph 2). Further, the Constitution states that the state shall not limit economic freedom and activity of a citizen and the possibilities of a citizen to attain economic wellbeing for himself/herself and his/her family (Chapter III, Article 53, Section 1 Paragraph 4). At the same time, Clause 3.9 of the Rules of Public services of the City of Bishkek states that: the selection of secondary raw material from waste collectors, garbage reception chambers and specialized garbage collection transport shall not be permitted. Personal documents Provision of basic services in Kyrgyzstan is directly dependant on whether or not a person has a registration record ( propiska ) at their place of residence or temporary stay (more than 45 days). All Kyrgyz citizens are required to have up to date registration records by law. Without propiskas Kyrgyzstani citizens are prevented from receiving health and social services to the full extent, approaching courts and are 2

5 significantly limited in accessing free education in public schools and universities. A registration record is also required for self employment, taking out loans and registering with tax authorities. At the same time, employers who employ people without residency registration risk being fined. In accordance with the Law on Internal Migration of the KR (2002), only a passport must be submitted to be temporarily registered, but sub-directorates also have their own provisions that establish requirements on additional documentation. For example, in order to be temporarily registered in Bishkek, passport office employees are free to impose conditions, because the local regulations provide for requirements on any other document providing grounds for issuing temporary propiska. Requirements on presenting documentation that you own or rent a residence prevent many people from registering their residence. As a rule, landlords do not want to disclose that they have tenants, because it means increased taxes and fees, and therefore many people rent informally. There is a close correlation between various documents i.e. passports, ID cards, propiskas, birth certificates, etc. One document is a prerequisite for obtaining another document. 2 Access to social welfare and other assistance The Law on the Basic principles of Social Services for the population in the Kyrgyz Republic (Article 17) states that social service organisations provide advice on access to social welfare (including health care, psychological and educational care and legal services on social issues) to clients of social services. Groups that have the right to receive social services include low income families, homeless persons, single parent families, people with disabilities, children without parental care or victims of abuse, children/student headed households and so on. Article 16 of the above law states that assistance is provided to vulnerable categories by the executive authorities and non-governmental organizations, through social services in the form of cash, food, clothing, shoes, or other necessities such as fuel, special transportation services, rehabilitation/adaptation of facilities for disabled persons and persons in need of constant care. The right to material assistance and the amount is determined by executive authorities and non-governmental organizations, providing social services. Article 25 of the law defines that social services are provided at the request of the vulnerable individual (or his/her legal representative) or at the request of representatives of public authorities, local governments, other organizations, or on the basis of detection. Local authorities also have the right to establish subsidies for vulnerable groups, at the expense of their local budgets. 2 Information on personal documents has been taken from the following reports: The Impact of the Registration System in Access to Basic Services in Kyrgyzstan, 11 th May 2010, Danish Church Aid in Central Asia and American University of Central Asia and Report: Kyrgyzstan, Passports and ID documents, Landinfo, 20 February

6 Gender equality The Constitution of KR (Article 16) states that men and women have equal rights and freedoms and equal opportunities for their realization in KR. The Family Code (Article 3) further stipulates that women and men are equal in family relations, personal and property rights and obligations. The Law on State Guarantees for Ensuring Gender Equality (2003) explicitly states that women are entitled to equal rights and freedoms, including equal access to business activities, management of social enterprises, equal pay, and an opportunity to combine labour activity with family duties. Women are further granted the right to equal opportunities for the realization of these rights, including the adoption of temporary special measures on the basis of the present Law aimed at achieving de-facto gender equality. Access to information and consultation The Law on Construction and Architecture of the KR (Article 28) states that citizens have the right to access information on environmental, urban planning and socioeconomic issues in relation to inhabited territories, including the development and status of programs and projects related to changes in the organization of territories and their development. Article 36 states that in the development and adoption of master/detailed plans, local governments are required to hold public hearings, with a view of obtaining approval of the affected population. Public hearings are to be announced at least 2 months in advance through media and the relevant plans are to be available for public review. In relation to this Project, the Law on Environmental Protection and the Law on Ecological Expertise of the KR, as well as the Law on Production and Consumption Waste of the KR also require that the public is adequately informed and has free access to information on these issues. According to the Kyrgyz Constitution (Article 33), everyone has the right to access information held by public bodies, local self-governments and their officials. This is repeated and further regulated by the Law on Access to Information held by Government Agencies and Local Governments of the KR and the Law On Guarantees and Free Access to Information of the KR. 3.2 EBRD Standards EBRD requirements pertaining to economic displacement, relevant for this Project can be summarised as follows: to avoid or, at least minimise project induced economic displacement whenever feasible by exploring alternative project designs; where displacement is unavoidable, an appropriate livelihood restoration action plan should be developed; to mitigate adverse social and economic impacts from land acquisition or restrictions on affected persons use of and access to land, physical assets or natural resources by ensuring that livelihood restoration activities are planned and implemented with appropriate disclosure of information, consultation, and the informed participation of those affected; to improve or, at a minimum, restore the livelihoods, income earning capacity and standards of living of displaced persons, including those who have no legally 4

7 recognisable rights or claims to the land (present in the project affected area at the time of the cut off date), to pre-project levels and support them during the transition period; to make special provisions for assisting disadvantaged or vulnerable individuals or groups (present in the project affected area at the time of the cut off date) that may be more adversely affected by displacement than others and who may be limited in their ability to claim or take advantage of livelihood assistance and related development benefits; to establish a grievance mechanism to receive and address in a timely fashion specific concerns about displacement and livelihood restoration that are raised by displaced persons. The above list is only a summary of the EBRD PR 5 requirements and is qualified by reference to the full text of the applicable policy Gaps Between National Legislation and EBRD Standards The main gap between Kyrgyz law and EBRD requirements which is being addressed through the development of this concerns recognition of informal income activities, i.e. waste picking at the existing waste dump. Although these activities are not recognised by Kyrgyz law, under the EBRD policy, all people whose livelihoods are affected by the project must be assisted to improve or at least restore these livelihoods to pre-project levels. The LRP also includes specific provisions required by Kyrgyz legislation and/or the EBRD Policy, such as regular consultations with affected people, the establishment and implementation of a project grievance mechanism, carrying out a census and establishing a cut off date for eligibility, as well as monitoring the implementation of livelihood restoration measures and reporting on progress to the City of Bishkek senior management and EBRD. 4 Development of the The development of the LRP began at the end of 2012, by a team of EBRD funded consultants. The number of people working on the waste dump was not known and different numbers were provided by various stakeholders. Tazalyk representatives believed there were approximately 150 waste pickers who continually worked there, however, according to them, during winter the number of waste pickers would reach 700. The waste pickers themselves also provided similar estimates, however a representative from the company Aylana Plus who spent a lot of time at the waste dump during 2012 and 2013, stated that these numbers were too high and according to him around 75 were full time waste pickers and a couple of hundred more worked there during winter (the peak season). The initial consultant team carried out a survey of affected waste pickers in March In that same month, two Kyrgyz organisations Aylana Plus and Arysh also conducted a survey with the waste pickers, for their own project needs. 3 The full text of the EBRD 2008 Environmental and Social Policy is available at: 5

8 In June 2013, a new team of EBRD consultants was appointed by the EBRD to further develop the. This team of consultants had already worked with the City of Bishkek on the development of the Project Resettlement Framework. This team proposed to the City and EBRD that a detailed census of several months be carried out to determine the true number of affected people, which was accepted by both parties. In the last two months of the census, a new survey with waste pickers willing to participate was also carried out. The following sections present the outcomes of various survey and census activities implemented with the waste pickers. 4.1 Preliminary Investigations from March 2013 The initial survey carried out by the previous team of EBRD livelihood restoration consultants in March 2013 covered 128 waste pickers. A few weeks before that, the Public Association Arysh and the Limited Company Aylana Plus also carried out a survey of waste pickers as part of their own project. They interviewed a total of 131 waste pickers. Table 1 below compares some of the key outcomes from the two surveys. Table 1 key outcomes of March 2013 surveys No. Topic Previous team of Livelihood Restoration consultants 1. Men/women 80 men interviewed 2. Registration of residence / Region 48 women 38 registered in Bishkek 90 not registered in Bishkek (from other parts of Kyrgyzstan) 3. Education Attending school 4 University 5 High school 82 Primary school - 31 No education 6 4. Number of years working at the waste dump Less than a year 51 1 to 5 years 41 More than 5 years 35 Unknown - 1 Arysh and Aylana Plus 81 men 50 women 71 in Bishkek 31 from other parts of Kyrgyzstan 29 unknown University 5 Specialized college 16 High school 77 Primary school 9 Unknown - 29 Less than a year 36 1 to 5 years 43 More than 5 years 28 Unknown Personal documents No data No passports 33 (14 of them have been lost) No birth certificates 16 (7 never got them) Those who don t know how to obtain documents Earnings 45.6% claimed to earn between 10,000 and 15,000 KGS per month (200 and 300 USD per month) 1,000 to 2,000 KGS per day (20 USD to 40 USD per day); this translates to 400 to 800 USD per month 6

9 The question of residence was uncertain, as according to the survey carried out by the previous team of Livelihood Restoration Consultants, only 30% of waste pickers were registered in Bishkek, while 70 % were registered in other parts of the country. The Arysh/Aylana Plus survey concluded that 54% were from Bishkek. 24% were from other parts of the country while for 22% there was no data. The reason may lie in the way that the question was asked, i.e. if the question called for the official residence or de facto residence. The Arysh/Aylana Plus survey also revealed some information on missing personal documents provided in the table above, while the other survey did not include this question. Both surveys showed that a significant number of people were engaged in waste picking occasionally, when other jobs such as those in relation to agriculture and construction were not available. This was identified as one of the reasons why the number of people at the waste dump increases with cold weather. Further to that, the surveys revealed that one of the reasons why waste pickers continue to engage in these informal activities is the fact that they are able to earn more money than if they were integrated into the formal labour market. Earnings as recorded by both surveys are provided in the table above 4. To gain more certainty of the numbers of affected waste pickers and to what extent they are dependent on this work for livelihoods, the new team of EBRD consultants were asked to propose a way of how the census of affected waste pickers should be organized. Several options for capturing true numbers of affected people and the extent to which their livelihoods will be impacted were considered and a new census and survey were organised, as described in the following section of this document. 4.2 Socio Economic Baseline Data Collected Through the Census and Survey Census (December May 2014) The census carried out from December 2013 to end of May 2014 recorded a total of 237 individuals picking waste at the waste dump (32% women and 68% men). The youngest waste picker is 12 5 and the oldest is 70 years of age. The number of waste pickers present at the waste dump was at its peak in February and at its lowest point in May (reduced by 44 individuals), demonstrating that as the warmer weather arrives, the number of people engaging in this activity reduces. Table 2 below lists the number of waste pickers recorded at the waste dump each month during the census. Table 2 number of waste pickers present at the waste dump each month Month December January February 172 March 157 April 161 May 128 Number of waste pickers 4 Tazalyk representatives reported that salaries in that company range between 4,000 and 10,000 KGS per month (80 and 200 USD per month), while they estimate that waste pickers are able to earn 300 KGS per day (6 USD per day) 5 A total of ten waste pickers are between 12 and 17 years of age. 7

10 According to the census data, only around 26% waste pickers work at the waste dump regularly (between 60 and 100% of time), while approx. 40% work there occasionally (between 20 and 60% of time). 34% have been recorded as working less than 20% of time at the waste dump. This data is presented in table 3 below. Table 3 - % of time spent working at the waste dump % % % % of time spent working at the waste dump % 50% 60% 70% 80% % % total Number of waste pickers % 40% 26% 100% It should however be noted that some waste pickers work seasonally, meaning that they are regularly present at the waste dump during certain months, while in other periods during the year, they do not work at all. This is in connection to the fact that the total number of waste pickers working at the waste dump reduces from the winter to the summer period. A closer analyses of waste pickers who work at the waste dump regularly (between 60 and 100% of the time), reveals that 23 (37%) are women and 39 (63%) men, while a total of 14 have registered residence in Bishkek. The age structure of these waste pickers is provided in Table 4. Table 4- age structure of waste pickers (60 to 100% of time spent at the waste dump) % of time up to and over A total of 94 waste pickers have been recorded as working occasionally, between 20 and 60% of the time at the waste dump. Of these, 27 (29%) are women and 67 (71%) men and their age structure is provided in table 5. A total of 24 have registered residence in Bishkek. Table 5- age structure of waste pickers (20 to 60% of time spent at the waste dump) 20-60% of time up to and over total total Survey (April/May 2014) The survey carried out in April and May 2014, covered a total of 65 waste pickers, 58% of whom were men and 42%, women. 91% are Kyrgyz and the remaining 9% are of Russian nationality. As high as 77% of the waste pickers have completed high school, while another 6% have university degrees. The remaining waste pickers have completed elementary grades 1 to 9. This is presented in table 6 below. 8

11 Table 6 educational structure of surveyed affected people Last grade completed Grade 1 to 9 High school No school University total Number of waste pickers Percentage 15% 77% 2% 6% 100% The youngest interviewed waste picker is 18, however as recorded by the census, ten waste pickers are between 12 and 17 years of age. Almost half of the waste pickers (46%) are between the ages 31 and 50, while a further 22% are either between 21 and 30 or between 51 and 60. Two oldest interviewed waste pickers were 61 and 62 years of age. Information on age is presented in table 7 below. Table 7 age structure of surveyed affected people Age 18 to to to to to and 62 unknown total Number of waste pickers Percent 6% 22% 20% 26% 22% 3% 1% 100% Only two individuals reported having a chronic illness (one case of hypertonia and another of polyarthritis). Most of the waste pickers use primarily Kyrgyz language (59), while some also use Russian. 55 of the 65 interviewed waste pickers have ID cards and/or passports. More details regarding ownership of documents is provided in table 8 below. Table 8 possession of personal documents among surveyed affected people Personal document Birth certificate ID card / Passport International passport Driver's license Number of waste pickers All interviewed waste pickers are from Kyrgyzstan except for one who is from Uzbekistan. 60% reside in Bishkek occasionally; the rest either reside there permanently (35%) or have not answered the question (5%). Their officially registered addresses are provided in table 9 below. Table 9 officially registered residence of surveyed affected people Officially registered residence Province / country Number of waste pickers % Osh 18 28% Jalal Abad 9 14% Naryn 4 6% Talas 1 2% Bishkek 16 25% Issyk Kul 4 6% Chuy 6 9% Batken 1 2% Uzbekistan 1 2% without registration 1 2% no answer 4 6% TOTAL % 9

12 More than half of the interviewed waste pickers stated that, when in Bishkek, they reside in two nearby informal settlements - Altyn Kazyk and Kalys Ordo. A total of 62% of the interviewed waste pickers stated that they do not own houses they live in. They only use these houses and the majority pay rent. 32% own the houses they live in (in Bishkek), while 6% did not answer the question. This is presented in table 10 below. Table 10 ownership/use of housing units in Bishkek among surveyed affected people Household owns or uses the housing unit in Bishkek Owns the house Uses the house % 62% The survey also shows that only 35% of waste pickers reside permanently in Bishkek and 60% only occasionally, while 5% did not provide any answer, as presented in table 11 below. Table 11 frequency of residing in Bishkek of surveyed affected people Residing in Bishkek Permanently Occasionally Blanks % 60% 5% Most of the waste pickers who were interviewed have been engaged in picking waste for a number of years, as presented in table 12 below. Table 12 length of time doing waste collection among surveyed affected people Less than 6 months Length of time doing waste collection Between 6 months and 1 Between 1 and 2 Between 2 and 5 year years years More than 5 years One waste picker stated that she picks waste several times per week while all others stated that they do this work every day. The results of the census do not support this, as presented earlier. The monthly income from waste picking, as reported by interviewed waste pickers is presented in table 13 below. Table 13 monthly income from waste collection among surveyed affected people Monthly income from waste collection (in SOM) 2,000 4,000 6,000 8,000 10,000 more than No Less than 2,000 4,000 6,000 8,000 10,000 15,000 15,000 answer of the waste pickers stated that the priority assistance they would like to obtain is employment, 14 mentioned it was assistance with personal documents, 13 said housing was the most important for them, while 5 stated that they are in need of skills training / education and 2 are in need of social assistance. Employment, skills training, 10

13 housing and social assistance were also listed by many as a second priority, while housing was mentioned by most as a third priority type of assistance needed. A total of 10 (15%) of the waste pickers provided information on their profession. This includes two historians, an English teacher, a designer, a mechanical engineer, an electrician, construction worker, a bricklayer, a shaft man and a tractor driver. 20 of the interviewed waste pickers stated that they have at least one informal skill, such as drivers, teachers, painters, construction workers, carpenters, locksmiths, etc. 5 Eligibility and Entitlements The City will work with all waste pickers at the waste dump to support them in accessing alternative sources of livelihoods before the waste dump closes in the next three years. Eligibility for assistance and entitlements are described in the following sections of this document. 5.1 Eligibility for Assistance The closure of the existing waste dump is not expected to happen in the next three years. From investigations undertaken so far, it is evident that there is a significant turnover in the waste pickers and therefore it would not be feasible to set a cut off date for eligibility so far in advance of the actual impact of the closure of the waste dump 6. Therefore, the City s LRP team will work with all waste pickers that are present at the waste dump in the next three years, by offering them support to strengthen their chances of finding alternative sources of livelihood by the time the waste dump closes. A cut off date for final eligibility will have to be set closer to the date of the impact, which is why another 6 month daily census will begin at least a year before the closure of the waste dump (to be finalised at least six months before the closure of the waste dump). The LRP team will implement the census, in a similar way as it was done for the development of this LRP and will agree with the City of Bishkek and EBRD how the cut off date will be defined. Currently assistance will be offered to all waste pickers who are present on the waste dump and are willing to participate in livelihood restoration activities. In order to avoid opportunistic behaviour the definition of eligibility will be revisited after the 6-month daily census is carried out in order to target affected people after the closure of the dumpsite. Thus not everybody who is present at the dumpsite at any time will be eligible for assistance after the waste dump is closed down. This assistance after the dumpsite is closed down is to be the sole responsibility of the City without additional support from EBRD. This LRP will have been fully implemented by the closure of the dumpsite, with systems and processes in place for the City to sustainably continue providing social services to vulnerable groups/affected people. A provisional entitlements matrix has been developed and included in this document (see Table 14), however it will be reviewed and updated after the final census has 6 The change in individuals active at the waste dump is best illustrated by the fact that of the 128 waste pickers that were interviewed in the preliminary survey in March 2013, 61 were no longer preset at the waste dump in the period December 2013/January 2014, as recorded by the census. 11

14 been carried out. Overall, the waste pickers who work at the waste dump more often than others and whose livelihoods therefore depend more strongly on working at the waste dump will have a higher degree of assistance provided to them, with particular emphasis on job trainings and offers of employment. Those who are working at the waste dump almost full time will have priority in being employed at the new landfill management company, which is yet to be formed by the City, and will receive necessary training for that work. Seasonality will also play a significant role in defining the type/degree of assistance provided to affected people after the cut off date. For example, there are individuals who work at the waste dump full time during the winter months, when some other seasonal jobs (such as construction or agriculture related jobs) are not available. Solutions for these people will be sought on an individual basis and will include identifying other seasonal, i.e. winter period livelihood opportunities. Process of Entitlements: 5.2 Description of Entitlements The City of Bishkek will provide a variety of assistance measures to the waste pickers as described further in the text. Training and Access to Employment / Livelihood Generation Programmes The following opportunities will be provided to waste pickers with the aim of assisting them to restore and/or improve their livelihoods: access to employment/income generation programmes available in Bishkek, provided through City/Republic level institutions or agencies (including City public communal enterprises); 12

15 access to employment/income generation programmes available in the City or elsewhere in Kyrgyzstan, provided through UN agencies and other donor organisations or projects 7. For example, some waste pickers may be interested in going back to their towns of origin and receiving support there to improve their livelihoods, such as small investments in agricultural production; access to employment opportunities in the new landfill management company, which will be formed as part of the Bishkek Solid Waste project. It is currently estimated that 130 employment opportunities will be available in the new company; continued access to collecting waste at the new landfill under improved and formalised conditions, if possible; access to work abroad, through programmes implemented by the Kyrgyz government; access to vocational training opportunities (construction, driving, sewing, mechanical works, etc.) depending on their skills and preferences; access to other types of training (e.g. searching for and applying for employment, small business start up and management, improved communication skills, health and safety while working at the waste dump, etc.). The types of trainings will be defined based on the needs and preferences of affected people. It is recognised that not all PAPs may be interested in pursuing employment / income generation opportunities offered to them. A system will be developed by the LRP team for managing detailed issues in connection to employment opportunities, such as how many times people will be offered employment before the City s obligation is considered closed, what will happen with individuals who are employed on temporary, short term contracts when these contracts come to an end, etc. As it is recognised that approximately 30% of the waste pickers are women, there is strong commitment of the City of Bishkek to secure equal access to all these opportunities for women and men, including access to employment in the new landfill management company. Assistance with Obtaining Personal Documents All individuals who lack personal documents, including particularly ID cards/ national passports, registration records and birth certificates, will be assisted by the LRP team in obtaining them, to enable access to employment and other forms of available assistance. Assistance with Access to Social Welfare, Health Care and Education Social workers will screen all waste pickers to determine who among them is entitled to what kind of assistance and will assist them to access this assistance. This includes financial payments, in kind support (food, clothing), health care, psychological and 7 A number of agencies have been identified as providing either direct or indirect support in Kyrgyzstan, in the areas of vocational training, job placement, career counseling, advice for employers, job fairs, etc. such as: Deutsche Gesellschaft fur Internationale Zusammenarebeit (GIZ), International Labour Organisation (ILO), the Asian Development Bank (ADB), USAID, DFID, Aga Khan Development Network, etc. as well as other areas of interest, for example support for development of agricultural programmes, poverty reduction, support for social inclusion, etc. such as the Japan International Cooperation Agency (JICA), UNDP, etc. 13

16 educational care, legal services on social issues, etc. as defined by the Law on the Basic Principles of Social Services for the Population in the Kyrgyz Republic. All disabled, chronically ill individuals and pregnant women will be assisted to access appropriate health institutions to receive care and treatment. There are a number of children and young people actively working at the waste dump. The City will explore options to assist them/their families, so that they can stop working at the waste dump and continue to pursue their studies if they wish to do so. This could be done through scholarships, provision of free text books, assistance to enrol into certain schools/educational facilities, stronger support provided to their parents, etc. Other Forms of Assistance Waste pickers will also be provided with any other forms of assistance identified by the LRP as being useful in contributing to improved access to other livelihood sources. One such possibility is the provision of temporary accommodation in Bishkek City shelters, for homeless waste pickers or those who are in need of undergoing rehabilitation programmes, for example in connection to alcohol and/or substance abuse. 5.3 Entitlements Matrix 14

17 Table 14 provisional entitlements matrix CATEGORY OF PAP All those present at the waste dump from the start of LRP implementation to the second census and cut off date ENTITLEMENTS access to employment/income generation programmes available in Bishkek, provided through City/Republic level institutions or agencies (including City public communal enterprises); access to employment/income generation programmes available in the City or elsewhere in Kyrgyzstan, provided through UN agencies and other donor organisations or projects; access to work abroad, through programmes implemented by the Kyrgyz government; access to training; assistance with obtaining personal documents; assistance with access to social welfare, health care and education; other available forms of assistance. 15

18 AFTER THE CUT-OFF DATE, AS DETERMINED BY THE CENSUS INITIATED AT LEAST ONE YEAR PRIOR TO WASTE DUMP CLOSURE AND LASTING FOR 6 MONTHS CATEGORY OF PAP ENTITLEMENTS Waste pickers who spend more than 60 % of time at the waste dump, at the time of the cut off date Waste pickers who spend between 20 and 60 % of time at the waste dump, at the time of the cut off date Those who spend less than 20% of time at the waste dump, at the time of the cut off date access to employment opportunities in the new landfill management company, which will be formed as part of the Bishkek Solid Waste project; access to vocational training; access to employment/income generation programmes available in Bishkek, provided through City/Republic level institutions or agencies (including City public communal enterprises); access to employment/income generation programmes available in the City or elsewhere in Kyrgyzstan, provided through UN agencies and other donor organisations or projects; continued access to collecting waste at the new landfill under improved and formalised conditions, if possible; access to work abroad, through programmes implemented by the Kyrgyz government; access to training; assistance with obtaining personal documents; assistance with access to social welfare, health care and education; other available forms of assistance. access to employment/income generation programmes available in Bishkek, provided through City/Republic level institutions or agencies (including City public communal enterprises); access to employment/income generation programmes available in the City or elsewhere in Kyrgyzstan, provided through UN agencies and other donor organisations or projects; continued access to collecting waste at the new landfill under improved and formalised conditions, if possible; access to work abroad, through programmes implemented by the Kyrgyz government; access to training; assistance with obtaining personal documents; assistance with access to social welfare, health care and education; other available forms of assistance. No further assistance beyond completing what has been initiated until the second census and cut off date 16

19 6 Implementation of the LRP The following section lists activities that will be undertaken in the implementation of the Livelihoods Restoration Plan. Establishment of the LRP Implementation Team A team of individuals will be formed to implement the LRP and work with the waste pickers on behalf of the City of Bishkek. This team will be led by the Deputy Head of the Social Development Department of the City of Bishkek and will include other key City employees, as determined by the Vice Mayor for Social Issues at the start of LRP implementation and a number of international and national consultants, funded by EBRD. The team will report directly to the Vice Mayor for Social Issues of the City of Bishkek and to EBRD s Chief Counsellor for Social Issues. The team will work closely with the City Development Agency and the management of the newly formed landfill management company, as well as all other stakeholders in the process. The City of Bishkek will provide office space for the team to work in, as well as any additional venues needed during the implementation of the LRP, for example for meetings with the waste pickers, for training activities, etc. Necessary office equipment and furniture will be supplied through the EBRD technical assistance. Visits to the Waste Dump and Meetings with the Waste Pickers Designated members of the LRP team will regularly visit the waste dump and update data on waste pickers in the data base. Joint consultation meetings with the waste pickers will be held at least every three months and individual meetings will be held on an as needed basis. The data collected through the census and surveys will serve as a starting point for developing individual case files for each waste picker. Case files will be held electronically, in the form of a simple data base and they will be regularly updated by the LRP team from this moment on, throughout the implementation of livelihood restoration assistance. The data base/files will contain data which is important for livelihoods restoration (personal data name, age, sex, place of residence, education, skills, employment preferences, special needs, etc.). The team will also record any new waste pickers, add their data to the data base and initiate case files for them. The team will develop a detailed protocol of how assistance will be offered to the waste pickers, based on the provisions of this LRP. Identification of Available Services and Programmes of Support The LRP team will identify all services and programmes of support which could be accessed for assisting the waste pickers. This will include all programmes and services which are implemented by a variety of stakeholders in the city or country, such as state agencies, ministries, non governmental organisations, UN organisations, donor organisations, etc. In addition, the LRP team will develop programmes of support and trainings tailored to the needs of the waste pickers, with the use of EBRD technical assistance. Experts 17

20 from within Kyrgyzstan or from other parts of the world could be used to develop these programmes. If necessary, the experts will also be able to design special capacity building programmes for provision of livelihood generation services, for members of the LRP team and other key City officials. As part of EBRD technical assistance package, selected representatives of the City of Bishkek will travel to another EBRD country of operation where livelihood restoration has already been implemented to share experience on the process. The LRP team will ensure that waste pickers are provided with various social and other services in line with individually designed assistance plans. They will monitor progress of each waste picker and adapt the individual assistance plans throughout the implementation of the LRP. Census and Cut-off Date At least a year before the closure of the waste dump the LRP team will initiate a six month census of affected waste pickers and define the cut off date for eligibility. This means that only those waste pickers recorded as being present at the waste dump, for a defined period of time, will be eligible for final assistance. Any new waste pickers who would eventually show up at the waste dump after that period would not be entitled to any assistance, as prescribed by the EBRD policy. The team will work with all the waste pickers recorded by the census and support them to find alternative sources of livelihood. It is envisaged that many of the waste pickers who are regularly present at the waste dump (over 60% of the time) will want to apply for work with the new landfill management company. At present it is believed that 130 employment opportunities will be available with the landfill management company when it is formed. The LRP team will assist waste pickers in the application process and work in cooperation with the new company to ensure that when the time comes the waste pickers are ready for applying for these jobs. Other waste pickers who are not eligible or interested in this work will be assisted by the LRP team to access other employment opportunities or in other ways which could enable them to identify other sources of livelihood. The assistance measures and possibilities are described in greater detail in Section 5.2 Description of Entitlements. 7 Consultation and Disclosure of Information During the development of the LRP, there were a number of stakeholder engagement activities undertaken by the City of Bishkek and the EBRD consultants, as described further in this section. A public consultation meeting was held by the initial team of EBRD Livelihood Consultants on April 1 st 2013 at the waste dump. Only persons were present at the waste dump that morning due to rain and only about 6 stopped working long enough to participate in the consultation meeting. Among the main questions asked were: Can the Project help them find buyers who will buy recyclables at a better price? What will happen to people who are not integrated into the planned MRF? What will happen to the people who do not come regularly? What are the criteria for employment at the new plant? What guarantee is there that government officials will not register their relatives for any jobs or 18

21 other potential benefits? Will they have the freedom to decide which and how many hours to work? Will it be possible for them to work at the new site occasionally or seasonally? What will the salary be? Will it be possible to be paid not based on materials collected rather than on time worked? What will be the minimum and maximum ages of the people hired at the MRF? Will the Project improve their working conditions? Is there any guarantee that they will not lose their work until well paid, stable and long-term new jobs are found? What will happen to the year-olds who work at the site to help their families? What will happen to the older people (i.e., persons over 50)? What will happen to the students? The team was unable to respond in any detail to these questions, but rather assured people that this was the beginning of a dialogue, that their concerns and opinions would be taken into account, and that solutions would be sought and constructed to the extent possible together with them. In July 2013, the new team of EBRD consultants held another public meeting with the waste pickers, attended also by representatives of EBRD. Tazalyk assisted the team to organise consultations with the waste pickers. The team was accompanied by a few Tazalyk employees from the waste dump and a representative of Aylana Plus who assisted with some of the translation and who knew the waste pickers from programmes that this NGO implements. Approximately people (10 women) attended the meeting and another 15 to 20 people listened in on the meeting from nearby. The Consultants began the meeting by talking about the project and the fact that the dumpsite will close in the next couple of years and asked the waste pickers if they were aware of the project. The waste pickers said that many different NGOs and other organisations, as well as the media have been coming to talk with them about the possible closure of the site for over 15 years, however nothing has happened up to now and they do not believe anything will happen in the future. The Consultants explained that a loan from the EBRD has been approved and there is considerable certainty that the project will now be implemented. The consultants then asked them if they have any preferences for alternative jobs and if they would be willing to cooperate with the City in identifying such alternatives. The waste pickers stated that since none of the previously announced projects were implemented, they do not believe consultations on alternative jobs would have any value. It seemed however that some of the waste pickers, particularly the women, were genuinely interested in what job alternatives could be offered to them. Some of the waste pickers asked if they would still have access to the waste at the new landfill. They felt that they would not have much of a chance of employment at the new landfill. The team reassured them that the City is preparing a livelihood restoration plan, in accordance with the requirements of the EBRD, which will be implemented to assist the waste pickers. The team also told the waste pickers that this was only the first of many meetings and consultations and asked them to cooperate in the future, so that they could be assisted when the time comes to restore their livelihoods. 19