REPUBLIC OF TAJIKISTAN

FOURTH GLOBAL PARTNERSHIP FOR EDUCATION (GPE-4) PROJECT

PROGRAM ON RESETTLEMENT POLICY FRAMEWORK DOCUMENT

August 14, 2012

Program on Resettlement Policy – Framework Document

Background and Context The International Bank for Reconstruction and Development and International Development

The International Bank for Reconstruction and Development and International Development Association (collectively the Bank) and the Republic of Tajikistan are entering into a Grant Agreement for Global Partnership for Education (GPE- 4) project.

The overall Grant development objective is to contribute to improving learning conditions in pre-school and basic education. The Grant is designed to help filling gaps in the implementation of the National Strategy for Education development (NSED), particularly with respect to the goals to improve the physical infrastructure, and material and technical aspects of the education system; to improve the management and performance of the education system for the delivery of quality education services; and to ensure the quality of education services.

The Grant is managed and implemented by the Ministry of Education (MOE) of the Republic of Tajikistan with support from local consultants.

The proposed Project has four components: (i) increasing access to early childhood programs; (ii) upgrading general education content and practices; (iii) improving learning environments; and (iv) strengthneing system capacity. All components support major priorities of the MoE’s education strategy (NSED) and medium-term Action Plan and complement support provided by donors.

Component One: Increasing access to quality early childhood programs (US$ 1.7 million equivalent; 10.5% of total project cost). The objective of this component is to increase access to affordable and quality early childhood education (ECE) programs. As such this component would finance: i) an analysis of the pre-school sector; ii) the reinforcement of state kindergartens and early learning centers; and iii) where possible, expansion of the latter. The component would be implemented by the Department of Pre-School and General Secondary Education (DPGS). The Project would finance technical assistance to support the DPGS to implement activities.

Component Two: Upgrading general education content and practices (US$ 1.75 million; 10.8% of total project cost). The objective of this component is to focus the basic education program on competencies and broaden the teaching-learning process to encompass active learning and formative assessment techniques. There are two sub-components, which focus on the primary and lower secondary levels, respectively. The component would mainly finance: (i) training activities of teachers and methodologists; (ii) procurement and distribution of teaching-learning materials. An impact evaluation on teacher-learning practices of the teacher training, and teaching-learning materials would be conducted at the end of the project. For the lower

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secondary levels, new standards and programs would be piloted in one subject (Mathematics). The component would be managed by the Department of Pre-School and General Secondary Education (DPGS) and implemented by the Academy of Education (AOE) and Republican Institute for In-Service Teacher Training (RIITT).

Component Three: Improved learning environments (US$ 11 million; 67.9% of total project cost). The objective of this component is to increase access to improved learning environments in general secondary education. As such, this component would finance the construction or rehabilitation of premises in approximately 40 schools, and provide them with furniture, to the benefit of approximately 18,000 students. The Project would be managed by the Department of Capital Construction (DCC). It would finance technical assistance to assist the DCC to implement sub-component 3.1, as well as a team of engineers to supervise work sites. It would also finance hiring a design firm to adjust standard designs to specific work sites (the schools design will be done under ongoing FTI-3 once the sites are identified), as well as a lawyer to assist the MOE in developing site-specific Resettlement Action Plan (RAPs) if needed.

Component Four: Strengthening system capacity (US$1.65 million; 10.2 % of total project cost). The objective of this component is to strengthen the capacities at the central and local levels to manage the education system. It will have 5 subcomponents: (i) management capacity strengthening, which would support: training, technical assistance and study tours to improve the capacities of the MoE; the development of an M&E system for NSED; and the updating of NSED’s medium term action plan. This subcomponent would be implemented by the Department of Personnel and Special Affairs (DPSA); (ii) directors training, which would finance training of school directors in financial management and pedagogical leadersthip and would be implemented by the RIITT; (iii) per capita financing (PCF) which would finance the extension of PCF to the preschool sector as well as its reinforcement in general education. This subcomponent would be implemented by the Department of Planning, Budget Implemelntation and Forecasts in Education (DPB); (iv) EMIS, which would support the extension of the EMIS to preschool, vocational education and training (VET) and higher education (HE). It would be implemented by the EMIS Department; and (v) Project management, which would finance technical assistance and operating costs to: coordinate project activities with the various implementing agencies; support administrative and fiduciary functions (procurement, financial management); and undertake project monitoring and evaluation activities.

Justification for a Resettlement Policy Framework (RPF)

Sub-component 3.1 of Component 3: (Improving learning environments) may include activities that involve temporary or permanent land acquisition. This component aims to upgrade the physical infrastructure of schools, and will involve the construction or rehabilitation of premises at approximately 40 schools. This component may also finance the construction of new schools. OP 4.12 on Involuntary Resettlement is triggered for the above mentioned activities as there is likelihood that land might have to be acquired, resulting in temporary or permanent displacement of people, loss of livelihood or restriction of access to resources or services. However, the sites for new school construction have not yet been identified. Hence it is not yet known whether any land will be acquired by the project, where these sites may be located and who the potentially affected persons might be. Therefore, the Borrower has agreed to prepare a Resettlement Policy Framework to guide potential resesttlement, instead of a Resettlement Action Plan (RAP) which would be appropriate in a case where the exact impacts are already known.

Objectives and Principles of Resettlement Planning

This Resettlement Policy Framework (RPF) outlines the principles and procedures to ensure that if resettlement needs are identified, then the Ministry of Education - follow the procedures for involuntary resettlement in compliance with the Government’s own applicable laws and regulations along with the WB’s policy. The RPF sets out the legal framework, eligibility criteria of displaced population, valuation methodology, compensation provision, entitlement matrix, implementation process, consultation procedures, grievance remedy mechanisms,

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entitlement payment procedures, and monitoring-evaluation procedures for land acquisition and resettlement under this project. The RPF also sets out the steps for preparation and implementation of Resettlement Action Plans (RAPs) to be prepared under the Project.

The basic objectives of the RPF are to: (i) guide the Ministry in properly identifying affected persons and compensating, and restoring the livelihoods of Project Affected Persons (PAPs), (ii) serve as a binding document to ensure payment of compensation and assistance to PAPs, and (iii) provide direction in preparing, updating, implementing and monitoring site-specific RAPs. The RPF includes measures to ensure that PAPs are (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the Project.

This RPF will be approved by the Government and endorsed by World Bank (WB). Once the document has been approved, it will be uploaded to WB’s web-site and be available through the development centre/Infoshop, in compliance with the WB’s policy. The RPF will be translated into English and Russian languages as well as other languages, as required, and further will be disclosed in public spaces and distributed in such a way as to be available to central and local government agencies and potential PAPs.

The RPF is based on the following principles: Involuntary resettlement is to be avoided or at least minimized; Compensation must at least restore the PAPs’ pre-project living standards; PAPs should be fully informed and consulted on compensation options; Lack of formal legal land title should not be a hindrance to compensation and rehabilitation; Particular attention should be paid to socially vulnerable groups, such as ethnic minorities,

female headed households, elderly households, etc., and appropriate assistance should be provided to help them improve their status;

Land acquisition and resettlement should be conceived and executed as a part of the project, and the full costs of compensation should be included in project costs and benefits; and

Compensation/rehabilitation assistance will be paid prior to commencement of civil works such as ground levelling, demolition, and crops in any case, before an impact occurs.

Compensation will be paid at ‘Replacement Cost’ and without the deduction of any fees, taxes or depreciation.

Tajikistan Legal Codes for Land Acquisition by the State for Public Needs (for project objectives) and Regulations of Resettlement.

The problem of land acquisition for the state and public needs and connected to it problem of involuntary resettlement and matters related to compensation of losses related to such acquisition are regulated by the following laws and normative acts:

The Constitution of the Republic of Tajikistan establishes land as an exclusive property of the state;

The Land Code of the Republic of Tajikistan is a systematized code of rules regulating complex of relations arising in the process of possession and use of land;

The Civil Code of the Republic of Tajikistan is regulating the legal status of participants of civil circulation, grounds for arising of rights and order of their implementation, contractual obligations, property and non-property relations;

The Law of the Republic of Tajikistan dd. 12 May, 2001 “On Land Estimation” establishes legal grounds for land estimation;

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The Law of the Republic of Tajikistan dd. 14 May, 2004 “On Local Bodies of the State Authority” establishes normative grounds for allocation and reallocation of land;

The Law of the Republic of Tajikistan dd. 5 January, 2008 “On Land Management” regulates relations connected to legal grounds of activities in the sphere of land management;

The State Land Cadastre is a system of information and documentation on natural, economic and legal status of lands, their categories, qualitative characteristics and economic value;

Regulation on the order of compensation for losses of land users and damage of the agricultural production process, approved by the Resolution of the Government of the Republic of Tajikistan # 515, dd. 30 December, 2000, establishes an order of compensation of losses of land users;

The Civil Procedural Code of the Republic of Tajikistan establishes an order, rules and terms of judicial protection in case of legal proceedings on matters related to involuntary resettlement.

Regulations of the World Bank Policy on the matters related to involuntary resettlement will apply to all cases of involuntary resettlement on this project.

Legal framework envisaging compliance of Tajik laws and regulations with the World Bank Policy and proposed measures to eliminate gaps.

Information of General Nature.

The Constitution of the Republic of Tajikistan establishes exclusive state property on land. Land is out of the civil turnover and is not a subject to selling and buying, transfer and donation. Land is transferred to juridical and physical persons for use with the right of succession. The state as the land owner has the right to use it in accordance with the prospective of town planning and implementation of agricultural policy. Hence during the process of land acquisition cost parameters of land are not cited. Cost of realty, constructions and corps should be compensated to physical persons.

The Land Code of the Republic of Tajikistan is the most systematized code of rules regulating the complex of legal relations arising during the process of ownership and use of lad. Matters related to suspension of land use rights, in case of their acquisition, and compensation of losses of land users and losses connected to withdrawal of land from the turnover are considered in two chapters and nine articles of the Land Code. These articles contain basic provisions on land acquisition for public and state purposes. The Code allows the state to confiscate the land from land users for the needs of projects implemented in the interests of state and at the state scale, and describes methods, system and order of protection of rights and interests of persons who’s land is subject for withdrawal for the purposes of the project, and provides for the complex of compensatory measures to cover the land users losses. The Regulation about an order of compensation of the land users’ losses and losses of agricultural production, approved by the Resolution of the Government of the Republic of Tajikistan # 515, dd. 30 December, 2000, establishes concrete and detailed order of reimbursement of the land users’ losses.

Following are main provisions regarding the problem of involuntary resettlement indicated in the Land Code:

Acquisition of the land plots for the purposes of the state and public needs have to be done after provision of the equivalent land plot;

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New dwelling, production and other buildings, analogues to confiscated have to be constructed on the new plot in established order;

Losses occurred during the land plot acquisition have to be compensated in full amount, including missed profit, and losses should be calculated at market cost;

Construction of buildings and compensation of losses will be made by the institutions and organizations in who’s favor the land is confiscated (project beneficiaries);

Under usual circumstances, the process of land acquisition should take not longer than one calendar year. Provision o the new land plot, construction of buildings, compensation of all types of losses, including lost incomes, have to be done before the official land acquisition from the land users.

The amount of compensation will be determined by an efficiently selected panel (commission) consisting of the Head of Khukumat, institution which have a claim/s for land and land users. Determination of losses of land users during the acquisition of agricultural lands should be established on the basis of corresponding documents, provided by the land user.

In case of non achievement of a consensus on the size of compensation of losses and amount of damage, the land user can apply to court with a request to fully compensate damage occurred during the land exemption. According to the Articles 41 and 43 of the Land Code the land plot could be confiscated for the purposes of state or public needs but only with in equal compensation of realty, constructions and crops located on this plot.This compensation couldn’t be less than the current market cost of such realty as the law runs about the principle of compensation at the market price. The market cost is determined as a basic market cost after taking into consideration the cost of realty, constructions, crops, trees and time required for their reproduction.

The Land Code requires that the institution which is interested in the land acquisition should justify the necessity of such acquisition and demonstrate that namely this plot of land should be confiscated and there is no alternative for the project implementation. The land plot could be confiscated in cases of need of construction of buildings and constructions or implementation of works of the state interest. If the project presents the interest of the state the beneficiary of the project has to prepare proposal on land acquisition required for the purposes of commencement of such acquisition. In accordance with the Law the process of acquisition have to be completed and all people and economies which were included into the project zone provided with the compensation before provision of permission to subcontractor on construction commencement. Land Code and the World Bank Policy.

The Land Code, Regulation on order of compensation of the land users’ losses and other laws applied during the process of land acquisition and solution of problem of involuntary resettlement in general are very detailed and do correspond to the WB Policy on the matters related to involuntary resettlement (4.12). However, the Operational Policy of the WB, apart of compensation programmes, also provides for assistance to involuntary resettled people during certain transitional period needed for rehabilitation of sources and means of existence and life standards; similar assistance should be provided through improved access to crediting and training programmes (p.6 “c” i, ii) In general OR4.12 covers not only the fact of involuntary resettlement and processes connected to it, but a certain acclimatization period, required for rehabilitation of the economic and social status of involuntary resettled and their integration into local recipient communities. For purposes of the full correspondence to the requirements of the OP/BP 4.12, it is necessary to:

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establish an independent commission comprised of the specialists of Khukumats responsible for resettlement matters, representatives of institutions which will benefit from the land acquisition and representatives of resettling community; commission will be responsible for consideration of claims, applications, conflict situations arising in connection to the land acquisition and involuntary resettlement, but not limiting by this;

establish a group which will be exclusively dealing with the official documentation issues of resettled people (exchange of passports, re-registration of pension documents, identification cards, registration of the servitude right on the new land plots); the group should comprise of the representatives of both regions of departure and destination of involuntary resettled; the same group will be dealing with the problem of legal documentation of unauthorized constructions and acquisition of the property right on them in order to get compensation.

The Land Code does not define the status of persons who possesses the right of servitude on confiscated land plots (they do not possess the official rent). The land Code establishes that absence of the servitude right the land user does not possess any right in relation to this plot of land. Hence, the use of the land plot without the state registration of the servitut right itself does not cause any legal consequences. This clause provides for the absence of obligations of owner (the state) on compensation of damage to person who does not possess the servitude right of the land plot. In the frameworks of the 4.12, this status is clearly defined.

In accordance with this in the frameworks of the programme of the resettlement policy those people and economies who failed under the project zone and do not possess official legal title or juridical rights for the land use, but still uses the state land are subject to the reception of compensations taking into account investments they made into the state land, their labor and lost crops. For this purpose it is necessary to carry out a line of certain administrative and court procedures on acquisition of the property rights on unauthorized construction through past factum court behind the person who implemented the construction on the land plot which doesn’t belong to him. The sequence of actions: the land plot will be provided to the person in established order for construction (administrative part), and the person is recognized as the possessor of rights on realty constructed o this plot of land (judicial part).

Furthermore, the policy of the WB provides for the whole acclimatization period of the involuntary resettled to the new conditions and environment, and legislation of the Republic of Tajikistan and normative terms of the Government are limited by the moment of their actual transfer to the new place of residence. This misbalance is explained by the difference of the sources of financing of involuntary resettlement. That is why for the elimination of such misbalance the beneficiaries of the project have to envisage in the estimation of losses, apart of direct expenses on compensation of losses, financing of certain period of acclimatization of involuntary resettled people to the new environment. The other alternative to elimination of such misbalance is the targeted grant support to non-governmental organizations on locations of involuntary resettlement. Resources allocated for passing through the acclimatization period could be distributed among non-governmental organizations which already posses or will design the targeted programmes of support to involuntary resettled during the acclimatization period. Implementation of such variant is the most advisable because in that case the necessity to finance local power structures which are responsible, in an established order, to deal with the matters related to acclimatization of the involuntary resettled falls away.

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In that way in case of disparity of the laws of the Republic of Tajikistan to the requirements of the policy of the WB on involuntary resettlement (4.12) norms of 4.12, should be applied. This priority of international norms over the national legislation is consolidated in the article 10 of the Constitution of the Republic of Tajikistan.

Preparation of the Individual Resettlement Action Plans (RAPs) based on the Resettlement Policy Framework (RPF).

Department of Capital Construction (DCC) in the Ministry of Education is responsible for developing and monitoring implementation of the site-specific RAPs (if needed). RAPs have to be prepared for each activity where there is land acquisition which results in temporary or permanent loss of services, access to resources or assets for any project affected person. Such RAPs will be prepared by the project and be sent to the World Bank for approval, prior to the commencement of any civil works.

Project beneficiaries will apply to the heads of cities and rayons for allocation of land plots for a school construction. implementation. Taking into account a school size (based on the size of the catchment area) a local land management committee together with the beneficiaries of the project will select the site for construction. Preliminary act of selection of the plot for the project organization will be compiled.

The project will pass through the expertise and approval of the chair of the city, rayon or Government of the Republic of Tajikistan will serve as a basis for allocation of plot selected for the project.

Chairs of the cities, rayons, the Government of the Republic of Tajikistan within the limits of their competency will make a decision on allocation of land plot for the project. This decision will serve as a basis for commencement of the process of resettlement.

As a basic policy, the project should try to avoid and minimize any involuntary resettlement impacts. Land involving involuntary resettlement should be used only in exclusive cases when there is no alternative site that is appropriate. At the stage of preliminary planning there will be a survey on land, cadastre estimation, and a cadastre map of the land plot will be designed.

The map will be supplemented with the detailed information about the land users, crops, buildings, constructions, realty fallen into the project zone. This information further on becomes the basis of Resettlement Action Plans. The DCC that prepares the RAP, along with the khukumats will collect information on social and economic conditions of the affected households. Information has to include data on the status of the land ownership, type and size of the land plot, realty, crops, number of people and dependants.

After the final selection of the project site, a notice will be made available to the general public. Khukumat will produce special decision on the land plot acquisition and publish it in

the press; The local body on land tenure will inform in written form the land user about

forthcoming acquisition of the land plot. Notification should be given not later than one year prior to acquisition of the land plot.

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In case of disagreement of the land user with the decision on land plot acquisition he/she should be guaranteed with the court protection. After taking the decision on acquisition of land plot the khukumat will form the resettlement commission.

Depending on the size of the project zone, commission will comprise of representatives of the resettling communities, or one representative, who will than provide assistance in interviewing, social and economic analysis and other arrangements connected to resettlement.

The Commission will compile a Resettlement Action Plan to provide for: Description of the socio-economic profile of the affected households and community.

making list of people who are the subject to resettlement, and determination of the assets, resources, services or livelihoods that will be impacted, and to what extent.

a valuation of the affected assets, resources, services or livelihood identification of resettlement sites if any and description of all measures included in

the resettlement policy (cash and kind compensation, development activities, entitlements etc.), in accordance with entitlement matrix in RPF

listing out the compensation, payments and any development measures to be undertaken ,

detailed breakdown of expenses and budget source roles and responsibilities of the institutions and organizations involved in the

implementation of the RAP; provisions for consultations and information sharing with the affected persons and the

various implementing agencies such as those responsible for legal, financial, housing and social matters;

development of the schedule of works and budget. Grievance Channels Monitoring and Evaluation Arrangements

The plan of financing of the project expenses should have special estimation of expenditures which should provide for expenditures at every stage of the resettlement process. Furthermore, the estimation has to provide for contingency to compensate unforeseen circumstances during the resettlement.

Before commencement of construction, the RAP has to be approved by WB and disclosed and compensation payments made. This comes out from rule established by the law according to which compensation of losses to land users should be made before the actual acquisition of the land plots (p.6, 12 of Regulation, art. 43 of the Land Code). It is also a requirement of OP 4.12 of WB. Evaluation of Displaced Population and, where feasible, categories of the population.

The term “persons, subject to resettlement” should be understood as (i) relocation of physical persons from the zone of the project impact (their place of residence) to another zone with a different infrastructure when the person loses realty and changes the habitual way of life which leads to certain economic and social discomfort. (ii) Those who may not undergo physical relocation but who will be affected through temporary or permanent loss of access to services, resources, assets or livelihoods as a result of project activities.

Persons who are the subject to involuntary resettlement from the project zone have to be divided into following categories:

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1. On legal characteristics:

Land users possessing the right of servitude on the occupied land plots (owners of realty, constructions, gardens, crops), who will fully or partially lose this right;

Land users to whom the land plots were allocated for business puRPoses (farmers and farms producing different agricultural cultures) which will lose their business;

Land users who do not possess the servitude right on confiscated land, but who whom this land constituted a part of their business and their source of living are directly depend on this plot of land (farmers cattle breeders, using the land plot as pasture).

Land users who do not have the official servitude right on the plot of land but have realty, constructions and pastures on it, or who may be using the land for purposes such as agriculture, collection of natural resources or as an access route to services.

Socially vulnerable part of population who do not possess the right of land use but who does constantly live on confiscated land (pensioners, disabled, and children of under majority (up to 16 years);

Land users – renters who are working on land on rent agreement and whose term of rent is not expired and land acquisition is terminating the agreement;

Workers who had been working on land as hired workers and this work was their main source of income;

2. On social and economic characteristics:

households with similar typical characteristics (one type system of production, labor resources);

Households which has no income connected to confiscated land plot. (In this case is possible to provide not a land plot but a flat within town boundaries).

Furthermore, for full and objective evaluation of resettled population have to be collected the data on:

system of lad tenure formed in that region (land use, cattle breeding, and etc.) in order to create analogues conditions at the new place;

formed models of social interaction in communities and settlements falling into the project zone, including the system of social ties and social support to population (experience of mass resettlement of population of mountainous regions to plains, carried out during the USSR showed the incorrectness of the concept of resettlement itself );

social and cultural characteristics of communities and groups of population, which are the subject of resettlement and also characteristics of official and non-official institutions dominating in this social environment.

Criteria Used to Identify Eligibility of Different Categories of Displaced Persons.

Categories of displaced persons will be identified based on the following criteria: owners of realty according to house registers and registers of jamoats; farmers and owners of farms according to certificates on the right of land use

provided by the State Land Committee; farmers cattle breeders – on certificates on the right to use pastures; owners of realty without right for construction – based on court decision on

recognition of their right of property on these constructions; pensioners, disabled people and children under the age of majority based on house

books, pension registers of departments of social protection;

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land renters based on rent agreement; hired workers – on hire agreement; Individuals using the land without any legal rights – on the written confirmation of

jamoats about actual use of the land and size of harvests to calculate the compensation. The fact of absence of legal rights to use the land cannot be a basis to reject the compensation if there are evidence on any sort of investment into the plot by the mentioned individual, or to deny him/her compensation for any structure or effort invested on/in that land.

Commission on Resettlement will consider the documentation on identification of criteria for determination the category of resettled persons attracting specialized services of khukumats – passport departments, land tenure departments, social protection departments and others in order to avoid flow of persons who does not have the right for compensation or allocation of land plot at the new place.

Methodology of Estimating Affected Property.

The Evaluation Commission will be established to evaluate affected property. The Evaluation Commission is established after adoption by khukumat of the official decision on land acquisition for the state needs.

The Evaluation Commission will be compiled of representatives of the rayon authorities, specialists on land use, architecture and land users whose lands going to be confiscated and representatives of the institution interested in the land acquisition.As an obligation, the Evaluation Commission must include an independent evaluator who has an experience to evaluate property using market tools of camparison.

To identify the sum of losses the land user should take into account following: cost of registration of the land use right, taking into account the inflation rate; cost of the property located on the land plot, including buildings, constructions, fruit

and berry plants, and other multiyear plants; cost of unfinished works (cultivation, fertilizing, sowing, and other works); cost of seeds and fertilizers used on this plot of the land; cost of not gathered crops of agricultural products; other damage caused to the land users in connection to pre-term termination of their

obligations on contracts and agreements;

Determination of losses caused to the land users during the acquisition of agricultural lands will be established on the basis of corresponding documents provided by the land user.

The losses will be calculated based on the market cost of the property, realty, crops ad cultures. This means that estimation of losses will be done based on the current market cost of analogues property.

Based on the results of work the Commission will compile an act indicating the amount of compensation for losses of agricultural products, which will be considered and approved by the decision of the local Khukumat. This act is an official document which serves as a basis for the land user right to compensation of losses.

In case of disagreement of the land users with the commission decision they have the right to apply to the court of general jurisdiction.

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Process of Preparation and Approval of the Plans on Resettlement.

Corresponding laws of the Republic of Tajikistan and Policy of the World Bank OR/BR 4.12. have to be applied during the process of development and approval of the resettlement plans. In case of disagreement between the laws of the Republic of Tajikistan and the policy of the WB the clauses of the project of resettlement policy and corresponding principles of the WB on security provision should be applied.

I. In frameworks of preparation of plans on resettlement in the first turn the institutional basis should be identified:

Concrete list of institutions and organizations responsible for the complex of measures connected to resettlement, including:

a) Khukumats inside the zone of the project influence;b) Khukumats of the zone of resettlement;c) Project beneficiaries, who will favor of the confiscated land;d) Sub-contractual organizations;e) Non-governmental organizations of zones of influence and resettlement which will assist the process of resettlement in their segments;

II. An actual plan of conduction of the resettlement is being elaborated. The plan is prepared by the beneficiaries of the project with participation of responsible people form Khukumat covered by the project. It is elaborated on the basis of the reliable information on the planned resettlement its consequences and legal problems related to the resettlement.The plan should cover as minimum following items:

socio-economic surveys (studies); right for a compensation; identification of the size of loss subject to a compensation; activities related to the resettlement; provision of accommodation, objects of infrastructure; procedure of claim consideration; schedule of implementation of activities expenses and budget.

The Plan compiled on the basis of that parameters must be adopted by the MOE and the World Bank.

Guiding Principles for Implementation of Compensation and Resettlement Measures.

All compensation measures to PAPs impacted by the project will be implemented in accordance to the following basic principles:

All possible steps should be made to find out alternatives to and decrease of areas of the confiscated lands;

Preparation and implementation of the plan of land acquisition and provision of compensation should be implemented on the principles of transparency and participation of people who felled into the project zone and representatives of concerned organizations which will benefit from the land acquisition;

People have to be fully informed about the reasons and problems of involuntary resettlement and the process itself have to correspond to the principals of transparency;

The land users whose land plot will be confiscated have to be proposed with alternative plots of the same cost and the same crop potential and characteristics and be located as close as possible or in the same rayon;

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In case of agricultural lands the volume of compensation should include the cost of crops, age of crops, time required for its reproduction, investments made, buildings constructed, realty, supplementary constructions, warehouses, etc.

The basis of the market cost of compensation grounds on the market cost of the realty, crops and cultures;

The land plots occupied by agriculturalists are transferred to the new user only after the crops have been harvested by the resettlers;

In exclusive cases when acquisition of the land plots occurs before the crops harvesting the cost of possible crop will be reimbursed based on the current market costs, and the size of the crop based on an approximate crop indices for this culture during the last five years in this zone;

If the plot of land identified for acquisition is used illegally than people who felled into the project zone and do not have the servitude right, will be compensated for the crops and any investments made into that plot of land.

Within the transfer of the servitude right and other estate laws the rights of property and inheritance have to be observed;

the beneficiaries of the project in cooperation with the khukumat of resettled rayon will establish special group for the registration of personal documents of all resettled people (registration of new certificates on the right to use the land plot, compilation and transfer of new documents on house ownership, re-registration of passports, pension books, documents about the transfer of pupils to other schools, etc.);

Beneficiaries of the project before commencement of the processes of resettlement will determine the total sum for construction of new dwellings and supplementary buildings, compensation payments, expenses on resettlement and include this sum into the total expenditures of the project;

All activities and procedures have to be officially documented.

In general the acquisition of land should be implemented in the way for all people who fell into the project zone and who have and have no the juridical rights on property in order them not to fall in to the more poor conditions after the land acquisition, and the resettlement should be carried out in the way it doesn’t broke the established models of social ties and non-official institutions.

Entitlement Matrix

Impact Affected Person MeasureFull or significant (10% or more) loss of land plot

Legal title holders

All PAPs including illegal users

a proposal on allocation of a different land plot which is equivalent on its characteristics to the taken land plot and at a reasonable distance from acquired plot;

full financial compensation based on the market costs of the property and assets equal to the lost assets

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or resources. construction of living

house and economic attachments similar to those which are left at the taken land plot;

In kind (e.g. seeds, tools, fertilizer, training, counseling) or financial assistance to restore livelihoods to pre-project levels

Partial loss of land (less than 10%)

Legal title holders

All PAPs including those without legal title or use rights

allocation of a different land plot, if possible attached to the main plot with similar characteristics

Option of leasing alternative land with in-kind livelihood restoration assistance

Loss of the immovable assets (living house, economic attachments, garages, premises for livestock):

All PAPs (including illegal users)

An alternative constructed house and economic attachments similar to those which are left at the taken land plot, with similar sanitary and living conditions. The new house may be provided in a range of proposals but must cover full replacement cost including materials, labour, transport and allowances for disturbance;

in case of rejecting the proposal on construction of living house – a full financial compensation based on the market costs of the property and assets equal to the lost one, or offer of an apartment + compensation of losses on market costs.

Resettlment grant to assist in moving expense and to ensure

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living standards are restored to pre-project levels

Loss of the land plot where fruits, vegetables are grown (garden lands):

Legal title holders

All PAPs (including illegal users)

Illegal users

a proposal on allocation of a different land plot which is equivalent on its characteristics to the taken land plot and the land prepared for cultivation

financial compensation of any investments before the acquisition made for approving of the land status and harvesting.

Option of leasing alternative land, labour for preparation of land for cultivation plus in-kind livelihood restoration assistance

Loss of the harvest yield: All PAPs a full financial compensation; the size of the compensation should include market costs of the harvest, age of the harvest, timing needed for its re-production and the investments made into the harvest yield (costs of the seeds, fertilizers);

in the exclusive cases during acquisition of lands before the harvest yield collection the costs of possible harvest is compensated according to the market prices and the size of the harvest yield as an overage variable of the harvesting of that agricultural product for the last five years in that area.

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Loss of the rented land: Lessees financial compensation of the costs of the rent in the time period of the rent. When there is an availability of a harvest on the rented land, the Tenant receives full compensation for the lost harvest.

Increased social vulnerability due to relocation

Socially vulnerable groups (ethnic minorities, elderly, female headed households, youth headed households)

Additional livelihood and living standard restoration assistance including additional financial an in-kind (labour, counselling, training, social services etc) assistance.

Process of Implementation and Institutional Responsibilities.

The process of implementation should begin after the adoption of the Plan of resettlement by the World Bank and after all disputable questions related to the procedures of land acquisition and planned resettlement are solved. To such questions following are included:

agreement of the user for the land acquisition; preparation of the documentation for a new land plot; preparation of the personal documentation ( house record book, re-registration

of passports, insurances polices, pension documents and documents for children);

completion of the process of compensation payment; settlement of any grievances or disputes; informing of the displaced people about timing, deadlines and methods of the

resettlement.

The organization of resettlement should be implemented by the powers of local authorities with participation of the project beneficiaries.

Khukumat (Resettlement Commission) will identify transportation organizations responsible for the resettlement and will conclude agreements on transportation of property; medical institutions will be responsible for sanitary escort; trading institutions responsible for provision of the resettled with the products of first need; law enforcement organs will provide for the order during the resettlement.The Deputy Head of Khukumat, the Chair of the Resettlement Commission will be responsible for coordination of all activities of these institutions.

Commission, before the commencement of the process of resettlement, will compile the schedule of implementation of every arrangement connected to resettlement. The schedule will foresee all

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arrangements connected to resettlement starting from the preparation to fulfillment of works indicating the control terms of execution, responsible persons and forms of reporting.

When planning the resettlement the commission has to preliminary inform the land user about his future place of residence. Taking into account the above there will be construction works implemented required for continuation of the professional activities and rehabilitation of the household economy and former standards of living.

While planning resettlement there can be cases when the size of the acquired land and thus size of the land to be allocated for resettlement doesn’t correspond to the adopted minimal standards of living (sq. meters per person). Such situation may arise during resettlement of household economy where several families are living together (parents, children living with their families). In such situations the planning should be implemented in the way when each family has to receive separate land plot or dwelling corresponding to standards of living.

There is a possibility of cases when on the confiscated plot of the land there is a construction of aesthetic, cultural or artistic value (wooden decorated ceiling, hand made ceramics or decoration panel, etc.). In such case resettlement commission is obliged to transport those values without damage to the extent possible.Provision of resettled people with dwellings should be accompanied with the provision of acting infrastructure objects (schools, health institutions, etc.).

During the period of transfer to new place of residence and acclimatization period commission have to pay special attention to medical service of resettled people; protection of health of pregnant women, small children, disabled people and old people. In order to prevent the spread of diseases due to negative factors (stress, bad feeding, different climatic conditions and etc.). Hence, when planning the resettlement activities special attention should be given to the matters of medical service of resettled people.

Consultation, Participation and Information Sharing with PAPs. Participation of the people to be displaced in the process of planning, preparation, and organization of works on creation of the infrastructure at the new place, process of compensation payment and registration of documentation on resettlement is an obligatory condition for the project implementation which provides for acquisition of land plots for the state and public needs.

According to the Land Code before the actual project implementation it has to be discussed with the communities which plots of land are subject for acquisition in favor of the project beneficiaries. At this stage there should be identified the social and economic requirements for the project implementation and forthcoming resettlement, estimation of expenditures connected to resettlement.

In order to maximize coverage of problems which may arise within the implementation of the resettlement programme, and during the preparatory social and economic surveys, effort should be made to provide advance information on the project and possible impacts to potential PAPs.

Consultation and participation of PAPs in the process of implementation of the resettlement programme should include:

public consultation and public disclosure on the RPF and all RAPs with potential PAPs.

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Information on schedule of civil works, cut off dates and schedule of compensation activities including payments.

Participation of PAPs in the documentation of affected assets connected to acquisition of the land plots;

Involvement of PAPs in the settlement of any disputes arising in connecgtion with the resettlement and compensation program.

Consultation and information sharing for displaced persons will be provided on the following issues:

legal mechanism of resettlement – entitlement matrix, OP 4.12, Tajik law related to compensation rights, i.e. normative acts regulating the process of acquisition of the land plot and mechanisms of compensation; juridical actions on provision of their rights including the right for protection in court;

institutional basis – contact and information on the institutions responsible or involved with resettlement (Governmental, NGOs and project related units): their addresses, phones, places of their location.

social issues – as relevant: access to health, education, religious places and other social services.

Details on the grievance mechanism within the project.

Grievance (Damage) Remedy Mechanism.

Grievance (Damage) Remedy Main mechanism is the system put in place where and PAP can appeal to in the context of this project. Any PAP who is using the acquired land and is thereby affected by the project, but who is not satisfied with the actions of the resettlement commission on the decision of compensation matters have the right to appeal. This specific mechanism will address all issues directly related to acquisition of land and compensation in the context of the WB financed project.

A commission on resolution of conflict situations related to Involuntary Resettlement for this project, will be established with the functions to solve disputes directly connected to the problem of land acquisition and damage compensation. The commission must include following people

Resettlement officer from the MOE Project Affected Person Representative of the PAPs such as community leader; Representative of khukumat of the area of project impact; Representative of the host community if the issue concerns the host

community.(Please provide the address, phone and name of contact person in the MOE who will be the first step of contact for any person with grievance on resettlement).

While addressing the disputes, the commission must prioritise reaching a fair agreement between the sides. In the event that this is not satisfactory to the party, the PAP and the MOE have the right to protect his/her rights in a court of general juridical system.

Additional grievance (damage) remedy mechanism is a creation of a conciliatory commission in the framework of non-court (arbitral) resolution of disputes. In this case official and long court procedures are substituted with carrying out conciliatory procedure during which parties accept a compromise decision on the dispute.

The Right to Appeal to Court.

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In case when decision of the commission on the sum of compensation doesn’t satisfy the land user s/he can argue the decision on compensation in the general jurisdiction court.

The land user has the right to apply to the court when: disagreement with the decision on acquisition of land where the property is located; disagreement with the amount of compensation; not full list of compensated property; disagreement with the cadastre characteristics of the land plot provided for

compensation;

Expenses on the court procedures, as a rule, are put on the account of the defendant (the person against whom the claim was made).

Case Procedures in a Court.

The court procedure starts if: parties failed to find out an agreement on the amount of compensation during the

negotiations; conciliatory procedure on dispute gave no results; person falls into the category of PAP, after receipt of the khukumat’ notification are

refusing to leave their property on which negotiations were already carried out;

The term of the claim consideration lasts from one to three months.

Monitoring.

Monitoring of the progress of the project implementation will be the responsibility of the MOE, along with the resettlement commission. Montoring arrangements should include participation of representatives of PAPs and NGOs to ensure a balanced perspective. Montoring will track the correspondence of planned arrangements to executed works, timeliness and correspondence of compensatory payments to provided documents.

Monitoring of the implementation of activities is done through project implementation and will track the various stages from evaluation of acquired assets to the payment of compensation and completion of any civil works or services linked to the resettlement package. In addition, baseline and end of project monitoring will track impacts on livelihood to ensure that the principle of OP 4.12 to restore livelihoods is met by the project.

Regular reports on progress of resettlement activities will be submitted to the WB as part of the regular project reports. At the end of project a summary report will be submitted to the WB., Monitoring of resettlement and record keeping will be done by the MOE. In addition, an independent Consultant will be hired by the MOE to provide an independent evaluation of the resettlement program, in consultation with all parties (PAPs, project implementers and civil society) This evaluation will look at the process of resettlement within the project as well as livelihood impacts on a sample of PAPs.

Reports will cover the following areas: on the census of the population subject to the resettlement – from the responsible

people of khukumat (in the process of the implementation but at least once a month);

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on legal base of land management – from representatives of inter-rayon enterprise of technical inventory, khukumat committee on land management ( in the process of accumulating but at least once a month);

on compensation size – from financial units of project beneficiaries (in the process of payment but at least once a month);

-on expenses and budget status – from financial institution of the project and khukumat (once in 10 days);

on the process of the resettlement – from the responsible person of the MOE and khukumat for the resettlement procedure.

On the impacts on livelihoods via a sample of PAPs.

Monitoring and Evaluation will take place from the start of project to completion of all resettlement activities. The format and frequency of the report will be agreed by the MOE and the M & E consultant, An the end of the project, the independent consultant must submit an extended final report focusing on the resettlement process, delivery of compensation and other entitlements as well as impact on livelihoods of the PAPs. The issue of restoration of livelihoods and integration with host communities will also be analyzed.

It is necessary to involve local non-governmental organizations to conduct independent monitoring of the pace of implementation of the resettlement programme.

Representatives of non-governmental organizations have to be allowed to participate in the meetings of the resettlement commission, have access to information on compensatory payments, registration of documents of involuntary resettled persons.

Disclosure of Resettlement Documents

The RPF and all subsequent RAPs will be public documents that will be disclosed in WB Infoshop and in country. The document will be made available to the public in Tajik, English and Russian. The document will be available at MOE web site: www.edu-maorif.tj.

The current RPF in Tajik/Russian was disclosed by the MoE for public comments on July 31, 2012 by posting the draft document on the Ministry web site: www.edu-maorif.tj. Until August 8, 2012 no comments have been received. Also to the period from August, 1 till August, 13th 2012 МОE has spent virtual conference on discussion RPF with the interested ministries and departments. The Report of public discussion is applied (see Annex 1).

The Final version of the RPF was submitted to the WB for its disclosure in the Infoshop and will be used during the project implementation.

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Annex 1. THE PROTOCOL OF PUBLIC DISCUSSION (original and English translation)

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ВАЗОРАТИ МАОРИФИ ЉУМЊУРИИ ТОЉИКИСТОН734024, шањри Душанбе, кўчаи Нисормуњаммад, 13а, 221-46-05

факс: 221-70-41; Е-mail: mo r t@ maorif . tj

______________№________________

PROTOCOL OF PUBLIC DISCUSSION

environmental management framework (EMF) and program on Resettlement Policy Framework Document (RPF) in a frame of project Global Partnership for education

(GPE-4)

With purpose of disclosing and public discussion EMF and RPF in local press (newspaper «Jumhuriyat» №99 (22080) from 31.07.2012) has been placed announcement where was specified that EMF and RPF are accessible to all interested persons on site of the Ministry of Education of the Republic of Tajikistan: www.edu-maorif.tj <http://www.edu-maorif.tj> (copy of announcement is attached). Interested persons could send comments on e-mail of the Ministry of Education till 08.08.2012. To specified term have not arrived any comments.

Also in period from 01.08.2012 till to 13.08.2012 has been spent virtual conference on discussion of EMF and RPF with following ministries and departments:

1. Committee on preservation of environment at the Government of the Republic of Tajikistan;

2. Agency on construction and architecture at the Government of the Republic of Tajikistan;

3. The Ministry of Labour and Social Protection of population of the Republic of Tajikistan;

4. Committee on extreme situations and civil defense at the Government of the Republic of Tajikistan;

5. The state committee on land management and geodesy of the Republic of Tajikistan.

By results of conference of the Ministry of Education on 13.08.2012 has received written answers from above-stated ministries and departments, except State committee on land management and geodesy of the Republic of Tajikistan in which have been drawn following conclusions on EMF and RPF (copies of letters-answers are in DCC at the Ministry of Education):

1. Committee on preservation of environment at the Government of the Republic of Tajikistan:

Remarks and offers under text EMF and RPF are not present. At the same time from 2011 to 2012 have been accepted new laws of the Republic of Tajikistan - «About preservation of environment» (2011), «About ecological examination» (2012), «About especially protected natural territories» (2011), « Wood code of the Republic of Tajikistan» (2011) which are necessary for reflecting in EMF.

2. Agency on construction and architecture at the Government of the Republic of Tajikistan:

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Expressed support of EMF and RPF. The offer is stated to develop Management explaining legal and political rights of citizens, exposed to resettlement.

3. The Ministry of Labour and Social Protection of population of the Republic of Tajikistan:

Presented support of EMF and RPF. Remarks and offers are not present.

4. Committee on extreme situations and civil defense at the Government of the Republic of Tajikistan:Presented support of EMF and RPF. Following offers are stated:1) design documentation on construction of schools should be coordinated with Committee on

extreme situations and civil defense, should be observed technical requirements on civil defense and prevention of extreme situations;

2) in connection with presence of questions of resettlement discussed documents without fail should be coordinated with the Ministry of Labour and Social Protection of population of the Republic of Tajikistan.

Under presented comments have been made following decisions:

1. To consider remark of Committee on preservation of environment at the Government of the Republic of Tajikistan concerning changes in legislation and make corresponding corrections in EMF.

2. The Ministry of Education does not see necessity for working out of additional Management according to offer of Agency on construction and architecture at the Government of the Republic of Tajikistan for following reasons:- In RPF are clearly enough described rights of immigrants;

- The working group of the Ministry of Education will leave on places where can be necessity of application RPF and spend explanatory work with all mentioned persons.

3. The Ministry of Education (DCC) will consider requirement of Committee on extreme situations and civil defense at the Government of the Republic of Tajikistan concerning necessity of coordination of design documentation on construction of schools about legitimacy and conformity to building specifications of Republic Tajikistan. In case if specified requirement corresponds to construction specifications that design-budget documentation on building of schools in a frame of GPE-4 will be coordinated with Committee on extreme situations and civil defense at the Government of the Republic of Tajikistan.

Deputy Minister T.Mahmadova

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