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  • Updated Short Resettlement Plan August 2009

    TAJ: CAREC Regional Road Corridor Improvement Project Prepared by Cardno ACIL Pty Ltd, Australia for the Ministry of Transport and the Asian Development Bank.

  • Republic of Tajikistan: CAREC Regional Road Corridor Improvement Project

    USRP-2

    ADB Loan No. 2359-TAJ CAREC Regional Road Corridor

    Improvement Project

    Updated Short Resettlement Plan - 2

    August 2009 Prepared by Cardno-Acil 14 Ayni Street, Room 310 Dushanbe 734042 Tajikistan

    For Ministry of Transport and Communication

    Republic of Tajikistan

  • Republic of Tajikistan: CAREC Regional Road Corridor Improvement Project

    USRP-2

    Contents

    Abbreviations A. Background 1 B. Updated SRP 2 C. Second Updating 4 D. Implementation Plan 6 E. Monitoring and Evaluation 32 Tables Table 1: Resettlement Entitlement Matrix 7 Table 2: Summary of Resettlement Requirements 8 Table 3: Costs Estimate for Compensation of Affected Households 9 Table 4: Comparison of ADB Policy with Tajikistan Land Code 11 Table 5: Cost Estimations 12 Table 6: Implementation Schedule 13 Table 7: Updated AP Compensation Matrix for Package 2 14 Table 8: AP Compensation Payment List and Hukumat Chairman’s Letter-Package 2 20 Table8A: Amended AP Compensation Payment List & Chairman’s Letter-Package 2 25 Table 9: List of the Resettlement Rates Used by MBTI 31 Annexures Annex-1 Compensation Payment Details 33 Annex-1A Amended Compensation Payment Details 65 Annex-2 Minutes of the Meeting 68 Annex-3 Public Complaints Resolving Process 71 Annex-4 Resettlement Monitoring Framework 72

  • Republic of Tajikistan: CAREC Regional Road Corridor Improvement Project

    USRP-2

    Currency Equivalents (as of 12 August 2009)

    Currency Unit – Somoni (TJS)

    US$ 1.00=TJS4.45

    Abbreviations

    ADB Asian Development Bank AP Affected Person CSC Construction Supervision Consultant Hukumat Local Government for Rayon MBTI Inter District Technical Inventory Bureau MOTC Ministry of Transport and Communication PIU Project Implementation Unit ROW Right-of-way Rayon Local level administration unit SRP Short Resettlement Plan USD United Stated Dollars

    USRP-2 Updated Short Resettlement Plan - 2

  • Republic of Tajikistan: CAREC Regional Road Corridor Improvement Project

    Page 1 URSP-2

    A. Background

    1. The CAREC Regional Road Corridor Improvement Project includes the rehabilitation of a 114 km road section of the national road to Kyrgyz border. The Project aims to foster regional and international cooperation and sustainable economic growth in Tajikistan by increasing the efficiency and safety of transport between Dushanbe and Rasht valley in the north-east road corridor linking the capital Dushanbe to the Kyrgyz border. 2. The objectives of the Project are to (i) reduce poverty and promote sustainable economic growth in the area, and (ii) improve regional trade and cooperation. These objectives will be achieved (i) in the short-term by construction related activity, and (ii) in the long-term by the improvement of transport efficiency through reduction of transport costs to road users and improved access to markets and social services in the area. 3. The project will rehabilitate the Dushanbe-Kyrgyz border road from Nimich through Jirgatal to border post at Karamik. The construction of the road has been awarded as two contracts, the first being the rehabilitation of the 25 km road sector between Nimich and Sayron (package 2) and the second the 89 km road sector from Sayron to Karamik (package 1) in a corridor varying in width between 3 to 8 m to a maximum width of 13 m in urban areas 4. The Executing Agency for this project is the Ministry of Transport and Communication (MOTC). The Project Implementation Unit (PIU) established under the Ministry will function as the implementing agency while the Construction Supervision Consultant will perform the duties of the Engineer on behalf of the PIU. 5. The road rehabilitation works of the Project will have only limited resettlement impacts. Accordingly a Short Resettlement Plan (SRP) for the Project was prepared in June 2007 under TA 4784-TAJ, based on preliminary design information, general findings of survey data, field visits, secondary socio-economic data and consultation with local people and authorities. Relevant details of this SRP are summarized below:

    i. All construction activities will take place on the existing established right-of-way (ROW).

    ii. 7 households were identified in a short section of the alignment (within Tajikabad Rayon) that may be seriously affected, out of a total of 27 households that would be affected in some way by widening of the road reserve to accommodate drainage and pedestrian requirements.

    iii. Paragraph 16 confirms that the SRP is based on preliminary design information which will have to be updated before the signing of contract awards, and that if anything the detailed design will more likely lead to a reduction of resettlement impacts.

    iv. ‘Policy Framework and Entitlements’, ‘Institutional Arrangements’, ‘Consultation and Grievance Redress’, ‘Monitoring Arrangements’ and ‘Financial and Implementation Schedule’ are detailed in the report, and are not repeated in this report. A Resettlement Monitoring Framework prepared on behalf of the PIU and an implementation plan is, however, included in this update.

    6. As part of the SRP process, and in addition to stakeholder meetings and consultations,

  • Republic of Tajikistan: CAREC Regional Road Corridor Improvement Project

    Page 2 URSP-2

    a pamphlet in Tajik summarizing compensation eligibility and entitlement provisions has been distributed to all affected households. 7. Section VI, B of the October 2007 Report and Recommendation of the President (RRP) to the Board of Directors for ADB Loan 2359-TAJ for the CAREC Regional Road Corridor Improvement Project includes the following specific conditions for ‘Contract Award and Civil Works Mobilization’;

    i. Paragraph 69 – No civil works contract for Nimich – Sayron (km217-242) section of the road under the Tajikistan component (i.e. Package 2) will be awarded until a final updated RP has been approved by ADB, and

    ii. Paragraph 70 – No notice to proceed for the mobilization of civil works for Nimich - Sayron (km217-242) of the Tajikistan component will be given until the compensation and resettlement program in the final RP has been fully implemented to the satisfaction of ADB.

    8. The Loan Agreement for the Project was signed by the MOTC and ADB on 03rd November 2007. Accordingly the MOTC allocated specific funds for ‘Land Acquisition and Resettlement’. 9. The project under consideration, Package 2: Nimich to Sayron (km217-242), has been tendered as a Design and Construct contract based on a preliminary road design, general layouts for all structures and a preliminary BOQ. The Loan Conditions referred to in Paragraph 6 above relate specifically to Package 2. 10. Tenders were received on 2nd May 2008. The lowest conforming bid price received for Package 2 was USD 33,102,015.04. Following the two part Technical Qualification Assessment and Financial Evaluation process, ADB approval to negotiate with China Road and Bridge Corporation (CRBC) for Package 2 was received on 06th August 2008. Negotiations to reduce the bid value to within available loan provisions included joint inspection of Site by MOTC and CRBC. After negotiations to reduce the scope of work and bid price to USD 20,000,000.00, a recommendation to award this contract to CRBC was submitted to the ADB on 15th August 2008. 11. Package 2 Site inspections during the tender negotiation process indicated that the final road alignment could be accommodated within the existing right-of-way (ROW) without significant resettlement impacts, and reduced costs. The Package 2 contract includes provisions which require the contractor to progressively submit final design information for road and bridge works to the Engineer for approval before commencing construction of each individual component. Through this process the Consultant will identify any Resettlement issues as they arise, and bring them to the attention of the PIU and Local Government of the Rayon (Hukumat) for necessary action in accordance with the procedures stated in the SRP.

    B. Updated SRP

    12. An Updated Short Resettlement Plan (August 2008) was prepared in August, 2008 fulfilling the requirement in paragraph 69 of the RRP and included the following information. 13. A further Site visit by the MOTC had been carried out on 19th August 2008 to

  • Republic of Tajikistan: CAREC Regional Road Corridor Improvement Project

    Page 3 URSP-2

    specifically discuss Resettlement issues with the Tajikabad Rayon and the seven (7) households previously identified as being most seriously affected. Tables 1 and 4 from the SRP had confirmed that of the seven seriously affected persons who were offered alternative land plots only one requested a replacement plot. 14. One of the seven (7) houses previously identified in the SRP (June 2007) as being seriously affected was vacant – owner Safarov Mizrob of Kapali Village (km231) was in Russia and the whereabouts of his wife was not known. Contact efforts were continuing with the assistance of