SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROJECT (SDIP) Resettlement Action Plan (RAP) Sub-Project Novi Pazar – Trnavica River Training works Republic of Serbia Ministry of Agriculture, Forestry and water management Directorate for Water Management Project Implementation Unit (PIU) Draft for public consultations October 2023 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 1 - ABBREVIATIONS AND ACRONYMS BoE Beneficiary of Expropriation CC Constitution Court of Serbia CFD Central Feedback Desk CM Cadastre Municipality DfW Directorate for Water ESS The World Bank Environmental and Social Standards ESS5 ESS on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement GM Grievance Mechanism GRS Grievance Redress Service LM Local Municipalities LGD Local Grievance Desk(s) MAFWM Ministry of Agriculture, Forestry and Water Management of Republic of Serbia MoF Ministry of Finance of Republic of Serbia PAP Project Affected People PIU Project Implementation Unit RPF Resettlement Policy Framework RAP Resettlement Action Plan (this document) RS Republic of Serbia RSD Serbian currency – Serbian Dinar SEP Stakeholder Engagement Plan SDIP Sava and Drina river corridors integrated development project (this Project) WB The World Bank RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 2 - LIST OF DEFINITIONS/GLOSSARY Cut-off date Date set by this RAP. If a person(s) should occupy the project area after the Cut-off date, they will not be eligible for compensation and/or resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the Cut-off date will not be compensated. The date when the PAPs are informed in writing of the submitted expropriation proposal will serve as the Cut-off date. Information in writing will be provided together with the proposal. Any investment made after the cut-off date will not be compensated except where it can be demonstrated that such post-cut-off date improvements were needed to maintain the livelihoods of the affected person during the period between the cut-off date and displacement. The objective of the Cut-off date has been presented during the socio-economic survey. Eligibility In the context of this RAP the right to be compensated for losses as defined under the RAP Entitlement Compensation and other forms of assistance that persons affected by involuntary land acquisition impacts have the right to receive in accordance with this RAP in the respective eligibility category. Expropriation Refers to a dispossession or a limitation of ownership rights on a property with compensation not less than the market value of the property by use of the Governments eminent domain power, regulated by the Law on Expropriation. Involuntary Refers to Project-related impacts of resettlement where the person affected has resettlement no possibility to decline land acquisition or restrictions on land use, physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. Land Acquisition Refers to all methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or rights of way. Land acquisition may also include: (a) acquisition of unoccupied or unutilized land whether or not the landholder relies upon such land for income or livelihood purposes; (b) repossession of public land that is used or occupied by individuals or households; and (c) project impacts that result in land being submerged or otherwise rendered unusable or inaccessible. “Landâ€? includes anything growing on or permanently affixed to land, such as crops, buildings and other improvements, and appurtenant water bodies. Livelihood Refers to the full range of means that individuals, families and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource-based livelihoods, petty trade and bartering. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 3 - Minor resettlement To categorise resettlement as minor resettlement impacts all of the following impacts conditions have to be met: all of the PAPs lose less than 10 percent of their land, regardless of the number of PAPs (b) the remaining part of their land is economically viable; and (c) they have no need for physical relocation. Project Affected PAP is any person who, as a result of the implementation of the (sub)-project Person (PAP) suffers impacts stemming from involuntary land acquisition, resettlement or restriction to right on land or access to assets Replacement cost Replacement cost is defined as a method of valuation yielding compensation sufficient to replace assets, plus necessary transaction costs associated with asset replacement. Where functioning markets exist, replacement cost is the market value as established through independent and competent real estate valuation, plus transaction costs. Where functioning markets do not exist, replacement cost may be determined through alternative means, such as calculation of output value for land or productive assets, or the undepreciated value of replacement material and labor for construction of structures or other fixed assets, plus transaction costs. The valuation method for determining replacement cost should be documented and included in relevant resettlement planning documents. Transaction costs include administrative charges, registration or title fees, reasonable moving expenses, and any similar costs imposed on affected persons. SDIP Resettlement The SDIP RPF is a Project level document developed, adopted, disclosed and Policy Framework consulted on in December 2019 clarifying resettlement principles, (RPF). organizational arrangements, and design criteria to be applied to subprojects to be prepared during project implementation. It contains clear definitions of conditions under which the resettlement will be planned and implemented. It defines issues like entitlements, principles of compensation, grievance processes and other legal procedures. An RPF is required for projects with subprojects or multiple components that cannot be identified at the time the World Bank approves the project Restrictions on land Refers to limitations or prohibitions on the use of agricultural, residential, use commercial or other land that are directly introduced and put into effect as part of the project. These may include restrictions on access to legally designated parks and protected areas, restrictions on access to other common property resources, and restrictions on land use within utility easements or safety zones. Stakeholders Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a Project, or having the ability to influence the Project. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 4 - CURRENCY EQUIVALENTS (Exchange Rate Effective September 2023) Currency Unit = RSD 106, 65 RSD = USD 1 117, 20 RSD = EUR 1 Contents EXECUTIVE SUMMARY ........................................................................................................................ - 8 - Project Background ......................................................................................................................... - 8 - Sub-Project activities ...................................................................................................................... - 8 - Project implementation arrangements ............................................................................................. - 9 - Sub-Project Impacts ........................................................................................................................ - 9 - Status of Expropriation Process .................................................................................................... - 10 - 1. INTRODUCTION ......................................................................................................................... - 11 - 1.1 Sub-Project Area Description and Local Context ................................................................... - 11 - 1.2 Sub-Project Activities ............................................................................................................. - 11 - 1.3 Scope and Purpose of the Resettlement Action Plan (RAP) ................................................... - 13 - 1.4 Objectives and Principles of the Resettlement Action Plan and Land acquisition.................. - 15 - 1.5 Study methodology ................................................................................................................. - 15 - 2. LAWS AND REGULATIONS RELATING TO THE AGENCIES RESPONSIBLE FOR IMPLEMENTING RESETTLEMENT ACTIVITIES IN THE CONTEXT OF THE SUB-PROJECT................................................ - 16 - 2.1 The National Land acquisition Policy - The Law on Expropriation Law of Serbia................ - 16 - 2.2 Public interest and purpose of expropriation........................................................................... - 16 - 2.3 Expropriation process.............................................................................................................. - 16 - 2.4 Compensation rates for Land and assets ................................................................................. - 17 - 2.5 Information and consultation requirements............................................................................. - 17 - 2. 6 Information of public importance .......................................................................................... - 17 - 2.7 Other Applicable Laws and Provisions ............................................................................. - 17 - 3. THE WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARD ON INVOLUNTARY RESETTLEMENT - 18 - 3.1 Gaps relevant to Sub-Project impacts ..................................................................................... - 18 - 4. AVOIDING AND MINIMIZING IMPACTS ......................................................................................... - 22 - 5. OVERVIEW OF PROJECT IMPACTS ................................................................................................. - 23 - 5.2 Census/Inventory..................................................................................................................... - 27 - 5.2 Socio-economic Survey .......................................................................................................... - 28 - 5.4 Socio-economic assessment of the PAPs ................................................................................ - 28 - RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 5 - 5.4.1 Owners ............................................................................................................................. - 28 - 5.4.2 Demographic features of households ............................................................................... - 28 - 5.4.3 Gender of Respondents .................................................................................................... - 29 - 5.4.4 Education.......................................................................................................................... - 29 - 5.4.5 Sources of Livelihood for the affected person and monthly income................................ - 29 - 5.4.6 Employment status ........................................................................................................... - 30 - 5.4.7 Place of Residence ........................................................................................................... - 30 - 5.4.8 Vulnerability .................................................................................................................... - 30 - 5.4.9 Public infrastructure that will be affected ........................................................................ - 30 - 5.4.10 Community Perception of the Project ............................................................................ - 31 - 6. RESETTLEMENT COMPENSATION STRATEGIES ............................................................................. - 31 - 6.1 Key Principles ......................................................................................................................... - 31 - 6.2 Cut-Off Date ........................................................................................................................... - 31 - 6.3 Eligibility ................................................................................................................................ - 31 - 6.4 Status of Expropriation Process at preparation of this RAP ................................................... - 32 - 6.4.1 Commencement of expropriation ..................................................................................... - 32 - 6.4.2 Information on expropriation ........................................................................................... - 33 - 6.4.3 Social survey .................................................................................................................... - 33 - 6.4.4 Asset screening................................................................................................................. - 33 - 6.4.5 Valuation .......................................................................................................................... - 33 - 6.4.6 Methodology applied during valuation ............................................................................ - 34 - 6.4.7 Taxes and Fees ................................................................................................................. - 34 - 6.5 Land valuation......................................................................................................................... - 36 - 6.5 Compensation for expropriated land ....................................................................................... - 36 - 6.6 Valuation for assets - auxiliary structures ............................................................................... - 37 - 6.7 Valuation for perennials (walnuts) .......................................................................................... - 37 - 6.8 Mitigation measures fighting vulnerability ............................................................................. - 38 - 7. GRIEVANCE REDRESS MECHANISM ............................................................................................... - 39 - 7.1 Organizational Arrangements for Grievance Management..................................................... - 39 - 7.2 Grievance Procedure ............................................................................................................... - 40 - 7.3 Monitoring and Reporting on Grievances ............................................................................... - 41 - 7.4 Grievance Reporting................................................................................................................ - 41 - 8. CONSULTATION AND PARTICIPATION........................................................................................... - 43 - 8.1 Past Stakeholder engagement and protocol for engagement related to land acquisition..... - 43 - 8.2 Report on public consultations ............................................................................................ - 44 - 9. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION TEAM ............................................... - 44 - 9.1 Responsibility for Implementation.................................................................................... - 44 - 9.2 Institutional Capacities ............................................................................................................ - 45 - 10. IMPLEMENTATION SCHEDULE .................................................................................................... - 46 - 10.1 Monitoring, Evaluation and Reporting.................................................................................. - 48 - RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 6 - 10.2 Completion Report ................................................................................................................ - 49 - 11. COST AND BUDGET ..................................................................................................................... - 49 - Annex 0 - Pictures from the site .................................................................................................... - 53 - Annex 1 – Invitation to Public Consultation on RAP Draft .......................................................... - 56 - Annex 2 – Request For Access to Information of Public Importance........................................... - 57 - Annex 3 – Socio-economic Survey Questionnaire ....................................................................... - 58 - Annex 4 –Socio-economic Data for those expropriated ............................................................... - 62 - Annex 5 – Grievance mechanism information leaflet ................................................................... - 63 - Annex 6 – Grievance registration Form translation .......................................................................... 65 Annex 7 - Invitation to Survey ...................................................................................................... - 66 - Annex 8 - Evidence of secured funds for expropriation ............................................................... - 67 - Annex 9 - Unofficial translation of evidence of secured funds ..................................................... - 68 - Annex 10– Individual invitation to Public consultation on draft RAP ......................................... - 69 - Annex 11 - Constitution of Grievance Commission ..................................................................... - 70 - Annex 12 – List of participants ..................................................................................................... - 70 - Annex 13– Pictures from census and socio-economic surveys..................................................... - 71 - List of tables: Table 1: Gap Analysis ....................................................................................................................... - 19 - Table 2: Overview of affected land parcels by type of ownership and area ..................................... - 23 - Table 3: Overview of land ownership disaggregated by gender....................................................... - 23 - Table 4: Overview on land size patterns ........................................................................................... - 24 - Table 5: Overview of land categories ............................................................................................... - 24 - Table 6 Overview of assets categories .............................................................................................. - 24 - Table 7: Entitlement matrix for impacts identified ........................................................................... - 31 - Table 8: Responsibilities and Implementation Arrangements .......................................................... - 45 - Table 9: Tentative Implementation Schedule for RAP Novi Pazar ................................................... - 46 - Table 10: Assessment of Budget to be paid for Expropriation.......................................................... - 49 - List of figures: Figure 1– Overview of location of RaÅ¡ka, JoÅ¡anica and Trnavica Rivers........................................... - 9 - Figure 3 Footprint of the river training works shown on a cadastral map using satellite images ..... - 12 - Figure 4 – River training works starting point from the mouth with JoÅ¡anica river ......................... - 12 - Figure 5 – Land acquisition flowchart ............................................................................................... - 17 - Figure 6 – Impacted Assets 1 ............................................................................................................ - 25 - Figure 7- Impacted assets 2 ............................................................................................................... - 26 - Figure 8: Demographic features of households ................................................................................ - 29 - Figure 0-9: Employment status ......................................................................................................... - 30 - RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 7 - EXECUTIVE SUMMARY Project Background Serbia is fighting yearlong battles with floods. In continued efforts to protect lives, health and assets, the Government of Serbia has requested, and received financial support through Investment Project Financing with the World Bank (Hereinafter referred to as: WB) to implement the Sava Drina Integrated Development Program (SDIP). SDIP aims to accelerate regional economic cooperation in the Western Balkans and helps strengthen the institutions and procedures through which the Sava and Drina riparian countries collaborate and ensure flood protection is enhanced. SDIP is implemented through two sequential and partially overlapping phases with five participating countries: Serbia, BiH, Montenegro, Croatia, and Slovenia. The Trnavica River Training Sub-Project, to which this Resettlement Action Plan (RAP) refers to, is one of the activities implemented under phase 1 in Serbia. This activity complements the 2016 "Novi Pazar flood protection" implemented as a component of the closed Floods Emergency Recovery Project, which was the second largest loan ever approved by the World Bank Group in Serbia, and was successfully implemented by the Ministry of Agriculture, Forestry and Water Management (MAFWM) under the WB Safeguards Policies. Operations and activities for which the World Bank`s Investment Project Financing (IPF) is sought after October 1, 2018, fall under the application of the Environmental and Social Framework (ESF)1. The ESF comprises, inter alia, the 10 Environmental and Social Standards, which set out mandatory requirements for the Borrower and the Project. The relevance of each standard is determined during preparation of the Project, and in case of this Sub-Project the relevance of, inter alia, ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement has been confirmed. In response to the requirements for the Project to comply with the ESF this RAP was developed, adopted, and will be consulted and disclosed. The RAP presents the approach in meeting the requirements of the national law and ESS 5 while fundamentally relying on the provisions of the Project level Resettlement Policy Framework (RPF)2 and Stakeholder Engagement Plan (SEP)3 adopted for the SDIP. Sub-Project activities The footprint of this Sub-Project refers to river training works to be implemented upstream of the mouth with JoÅ¡anica river, in a length of about 3600 m (Figure 0-1). The figure also depicts rivers Raska and Josanica respectively, and their locations as river training works on these three rivers have been tendered out together for selection of contractors (Specific Procurement Notice Published on September 12, 2023) and works will be implemented under three separate construction contracts by one or more Contractors. Separate Environmental and Social Management Plans (ESMPs) have been prepared for each, as these three locations besides being geographically separated (Raska in particular), also are characterized by nuanced local risks and impacts. This has justified development of separate management instruments, including separate RAPs. In this manner planning, management and mitigation efforts are best tailored to safeguard the interest of persons affected by the Project. This approach is also recognized efficient to mitigate implementation delays, allowing activities to continue on those sections were the respective RAP(s) have been implemented. 1 The ESF is accessible at - https://www.worldbank.org/en/projects-operations/environmental-and-social-framework. Latest accessed in August 2023 2 See RPF for SDIP availalble at http://www.rdvode.gov.rs/, accessed on August 4, 2023 3 See SEP for SDIP availalble at http://www.rdvode.gov.rs /, accessed on August 4, 2023 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 8 - Figure 1– Overview of location of RaÅ¡ka, JoÅ¡anica and Trnavica Rivers Project implementation arrangements The overall SDIP implementation, monitoring and evaluation of the E&S management instruments and this RAP (and the other 2), are the responsibility the Ministry of Agriculture, Forestry and Water Management (MAFWM) - Directorate for Water (DfW), namely its Project Implementation Unit (PIU). The PIU has positive track record and retains qualified staff experienced in overall management of projects in the water and flood management sector. Significant experience in managing environmental and social risks and impacts compliant with WB requirements amongst the PIU staff is present (experience gained in implementation of Operation Policies - Safeguards and the ESF). The Land acquisition process is by law the responsibility of the local self-government were the land to be expropriation is located i.e. the City of Novi Pazar. The City of Novi Pazar holds multiple responsibilities dictated by the legal requirements: administrative processing of the expropriation in the capacity of the Beneficiary of expropriation, payment of compensation for loss of land and assets, and additional support as called for by this RAP, administration of the Local Grievance Desk (part of the project level Grievance Mechanism adopted for the Project), providing legal support to PAPs etc. The PIU is providing direct oversight, support, capacity building, guidance, monitoring and evaluation of all aspects of implementation. Sub-Project Impacts An alternative route for the Sub-project could not have been explored and the avoidance of impact to land was not feasible due to the nature, location and the objective of the Sub-project. The footprint is set to follow the flow of the river and the position of the eroded, flood prone riverbanks. Different micro-alternatives were compared allowing the design to avoid some of the most adverse impacts, but still the works will require permanent acquisition of land rights restricted through expropriation in accordance with the national law. The footprint is set across a universe of 168 land parcels a combination of public and private land. 150 land parcels are public, 21 land parcels are either privately owned or co-owned with the state by a universe of 19 PAPs - 17 private owners (natural persons) and co-owners and 2 business entities. The scale of impact to private land is overall minor, while individual impacts range between 2 m2 and 336 m2. The land portions taken are narrow land stripes at the very edge of the Trnavica River, along the riverbank which is already eroded, covered with debries, and encroached by self-grown trees, shrubs and bushes, with often muddy and unstable slopes, polluted by plastic and domestic and other waste. Total of 4 auxiliary structures (2 co-owned) (Pictures provided in Annex 0) attached to private land and 11 cultivated walnuts are assets RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 9 - attached to land are subject to the acquisition. No other assets attached to land have been identified. 15 (78,94%) out of 19 land owners agreed with the valuation for land and assets (including for all 4 structures and the walnuts) attached to their land and are willing to enter into negotiated compensation agreements. 1 has provided his agreement in principle to be followed with the formal agreement (27,7%) while 3 owners will likely go to court, because of their family dispute and no the land acquisition and land valuation itself, as they are heirs to the deceased formal owner with an internal family dispute (they have been recognized as persons with recognizable claims, however, their disputes go beyond the remit of ESS5 and this RAP and as the project team understood, these are complex family issues with a long history to which the Project is not able to respond). The Project is not anticipated to be impacted by this specific case. This is ensured through the process adopted through this RAP coupled with the protocol for stakeholder engagement, which in this particular case will be implemented with incremental outreach and engagement activities. Notwithstanding, the engagement efforts will continue, and negotiations and discussions will continue to the extent feasible and found impactful. Should these extended efforts fail their cases will be transferred to the Basic Court in Novi Pazar to determine the compensation. Any costs incurred in the course of valuation, negotiations, amicably or through the Court (filing, lawyer`s and expert`s fees) are compensated by the City of Novi Pazar. No advance payments are required for court, valuation or representation fees. Bridges located on public land will be reconstructed/replaced depending on the severity of damage they had suffered and keep suffering from the torrent and flood wave. Temporary crossings will be installed in cases disruption of access to assets is unavoidable. The City of Novi Pazar has appointed a task group responsible to implement the SEP and the procedure for engagement, consultation and timeline for installation of Temporary River crossings should they be required. The working group has already begun its work however details will not be known until the Contractor is on the ground assessing the structural stability and safety risks of the bridges. Landowners affected by land acquisition will lose less than 10% of the total area of land. The Socio economic survey has confirmed that the land is not productive, not cultivated and neither the land nor the assets attached are contributing to the livelihood of the affected households and the two business whose activities are neither dependent nor linked to the land that is taken. The two business affected are able to continue their business activities, without disruption and adverse economic impacts to their business and workforce. The preferred compensation requested by the PAPs is cash based. The implementation of the RAP is expected to be completed by end of November. Status of Expropriation Process The Public interest allowing land acquisition was declared by the Government of Serbia on April 15, 2021 (Decision 05 No.465-3361/2021) and is based on the spatial plan for Novi Pazar. The Project has been under preparation since 2020 when prompt implementation was expected, hence the prompt declaration of Public interest following Approval of the Loan Agreement although progress has been slow due to delays in the designing activities. Since December 2022 the City of Novi Pazar together with the PIU has been identifying persons who will be affected by the project. An inventory of persons, land and assets was established, eligibility for compensation and assistance determined, financial allocations were made and all other activities preceding the formal expropriation completed, including completion of the detailed design, planning of compensation rates through meaningful and informed engagement with PAPs. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 10 - The Public Defender is the legal representative of the Beneficiary of expropriation i.e. the City of Novi Pazar. He is in charge of handling the formal submission of requests for expropriation for each land parcel individually, the valuation of land and assets and payment of compensation. The value for land was assessed by the Tax administration for each land parcel individually and the assessment was discussed with all owners allowing sufficient time for feedback. The average valuation for land provided by the Tax administration office is 2.227,27 RSD/m2 or 19.00EUR/m2 equivalent. Novi Pazar has a functioning real estate market, and the replacement cost is therefore the market value as established through independent and competent real estate valuation, (in Serbia expropriation is not subject to transaction costs). The total amount offered to the 19 land owners for the land is 3.673.990,00 RSD (31.348,03|EUR equivalent) and 2.921.765, 00 RSD (24.929, 73 EUR equivalent) for assets attached. The City of Novi Pazar has allocated 45.000.000,00 RSD (339.959,00 EUR equivalent) into a Consolidated Treasury Account within the Budget appropriation which includes contingencies and will cover compensation for land, assets and any additional costs for both agreements reached in negotiated settlement or as decided by the Court. This amount covers land acquisition for Trnavica, JoÅ¡anica and RaÅ¡ka river training works land needs. More details on expropriation process and its status up to date are presented in Chapter 6, while the evidence of secured funds is available as Annex 8. 1. INTRODUCTION 1.1 Sub-Project Area Description and Local Context Since 2014, the Trnavica River and some of its tributaries are causing severe floods, especially affecting Novi Pazar settlements along the river. The latest flood impacts were experienced in June 2023. Novi Pazar is located in the valleys of the JoÅ¡anica, RaÅ¡ka, Deževska, and Ljudska rivers at the elevation of 496m, in southeast Sandžak region. The city is surrounded by Golija and Rogozna mountains; PeÅ¡ter plateau lies southeast from the city which influences the cities climate vigorously. The total area of the City is 742 km² covering over 100 settlements, mostly small and spread over hills and mountains surrounding the city. According to the preliminary results of the 2022 Census, the City of Novi Pazar has 100,410 inhabitants, while the urban area itself has 68,749 inhabitants. Population density on the territory of the City is 135.32 inhabitants per square kilometre. The majority of population are Bosniaks (79.83%), followed by Serbs, Muslims and Roma. All ethnic groups are well socially and economically integrated. 1.2 Sub-Project Activities Trnavica River, in general, and in particular in the area of physical footprint and future civil works, has been less impacted by construction activities in disregard of the urban plans and the expansion of settlements. No buildings have been constructed on the riverside blocking or altering the watercourse. The screening for the Detailed Design captured frequent case of construction of improvised bridges, temporary river crossings and individual flood protection structures, which are inadequate and have often exacerbated the flooding risks. Most of them were either severely damaged or completely destroyed during previous floods, and their parts were carried away by the torrent, causing damage to the existing already regulated sections in the city. Increased risks from climate change and recurring flood, imposed the need to train the river and ensure this part of Novi Pazar is also protected. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 11 - Figure 2 Footprint of the river training works shown on a cadastral map using satellite images Figure 3 – River training works starting point from the mouth with JoÅ¡anica river RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 12 - The Sub-Project works will be executed as per the Detailed Design, and the impacts beyond the Land Acquisition are subject to a separate ESMP which was developed, adopted, disclosed and publicly consulted in May 2023. The following are some of the expected benefits of the sub-project. â–ª Reduced damages of assets (private homes, apartment houses, utilities, roads, , schools, kindergartens, health facilities and other public buildings); â–ª Reduced livelihood impacts and ensure business continue uninterrupted production, provision of services, etc â–ª Minimize damages to public infrastructure â–ª Reduced risks of human life losses; â–ª Indirect economic development effects. â–ª Increased community health and safety from safer river bed and infrastructure. 1.3 Scope and Purpose of the Resettlement Action Plan (RAP) The RAP is required and tailored to cover identified direct economic and social impacts that result from the investment and are caused by: â–ª The involuntary taking of Land rights acquired or restricted through expropriation in accordance with national law - whereas “Landâ€? includes anything growing on or permanently affixed to land, such as crops, buildings and other improvements. The land will be accessed as per schedule presented in this RAP, but not before compensation has been extended to the affected persons, or in pending court cases the compensation set aside within the Budget escrow account. Detailed description of impacts is given in chapter 5. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 13 - A RPF for the Project was prepared, approved by the World Bank and adopted by relevant Serbian authorities and publicly disclosed in 2019. The RPF is the guiding document for this RAP. The scope of work undertaken during the RAP preparation included: â–ª Screening of project area; â–ª Survey of project area of impact, land and assets thereon; â–ª Walk through the project area as field verification of location of land required, use of land required, Presence of public or community infrastructure, number of affected persons; â–ª Census of the population to be affected by displacement; â–ª Socioeconomic assessment including survey of livelihoods and sources of income of the PAPs; â–ª Analysis of valuation of the land and assets and property thereon to be expropriated; â–ª Consultations with Project Affected Persons to negotiate the compensation and subsequently attain written confirmation of their agreement with the entitles per the RAP; â–ª Analysis of the legal framework; â–ª Analysis of institutional framework covering the identification of agencies responsible for implementation of the RAP; â–ª Establishment of adequate and accessible Grievance mechanism â–ª Analysis of negotiated procedures, including offers made, considered and rejected RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 14 - 1.4 Objectives and Principles of the Resettlement Action Plan and Land acquisition This RAP was prepared guided by Laws and regulations of Republic of Serbia and the project RPF. The space where the national law deviates from the ESS5 requirements are negligible relevant to the specific impacts of the Sub-Project. Compensation packages have been chosen based on consultation with PAPs, ensuring compensation at replacement cost and ensuring that the pre-displacement socio-economic conditions are kept or improved. The RAP specifies the process to be followed and the actions to be taken to acquire land and compensate affected people allowing and providing for adequate participation, consultations coupled with access to a functioning grievance mechanism in addition to avalable national legal remedies. Furthermore, the plan sets out actions on how to avoid and mitigate future impacts to land and provide prompt and effective compensation for residual impacts if any to those eligible. This RAP specifies the following: â–ª Detailed procedures to be followed by the PIU, City of Novi Pazar in respect to land acquisition, compensation, consultation and disclosure; â–ª The baseline census of affected persons and assets; â–ª Specific compensation rates and standards; â–ª Consultations past and future with affected people about acceptable alternatives and mitigation measures; â–ª Institutional responsibility for implementation, monitoring and procedures for grievance redress; â–ª Timetable and budget; 1.5 Study methodology The preparation of this RAP was through a combination of desk and field study. The desk study involved review of project documentation including maps for the project sites, cadastral records, municipal database on PAPs and their assets, expropriation records, compensation offers and preliminary technical designs. The desk study was supplemented with surveying of the project sites to establish the exact impact of the proposed subprojects in terms of required land and affected property to create an inventory of PAPs and land. The field survey consisted of conducting 100 % household census; conducting social assessment of the subproject sites along the 3600m long corridor of impact along the River Trnavica, socioeconomic study of the PAPs as well as census and measurement of their assets impacted. The Census was prepared on the basis of data available through the Cadastral Register and the database of the City of Novi Pazar, a geodetic survey and individual interviews. Secondary data were used in addition to generated primary data obtained through the PAPs and interviews with government officials and non-government officials about PAPs and their assets. Equal weight was given to quantitative and qualitative aspects so that it reflects a balanced reality of the current situation of the PAPs. The data generated serve as baseline conditions against which the living standards shall be compared to during the follow up survey in the Ex post RAP Implementation Report. The census of people affected was the key initial activity serving four important and interrelated functions: â–ª Enumerating and collecting basic information on the affected population, â–ª Registering the affected population by residence, â–ª Establishing a list of eligible beneficiaries before the cut-off date that counters opportunistic claims from those moving into the Project Area solely in anticipation of benefits, â–ª Laying a framework for subsequent socio-economic research needed. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 15 - 2. LAWS AND REGULATIONS RELATING TO THE AGENCIES RESPONSIBLE FOR IMPLEMENTING RESETTLEMENT ACTIVITIES IN THE CONTEXT OF THE SUB-PROJECT 2.1 The National Land acquisition Policy - The Law on Expropriation Law of Serbia The Law on Expropriation (passed in 1995, enacted on January 1, 1996, amended in March 2001, amended again on March 19, 2009, and 2013 by the Constitutional Court ruling) guides the land acquisition by use of eminent domain i.e. expropriation and serves as a general framework for expropriation in the Republic of Serbia. The most important features of the Law on Expropriation are provided below (provisions related to agricultural land are excluded as not applicable in this Sub-Project): â–ª It is intended to ensure simple, efficient process, reducing as far as possible the need for a judicial process to facilitate expropriation. In less complex cases the process of acquisition can be completed within 2 months; â–ª The law enshrines the principle of compensation at market value. â–ª Compensation is cash based at market value which I this case equals the replacement cost; â–ª The value of land is determined by the Tax Administration on a case by case basis which can be disputed and referred to court. â–ª Compensation for assets is determined by accredited experts 2.2 Public interest and purpose of expropriation Property can only be expropriated upon the establishment of public interest for projects that bring greater benefit for the public (Law on Expropriation, Art. 1). Expropriation may be carried out for the needs of Republic of Serbia, cities, municipalities, public enterprises and public institutions, unless otherwise provided by the Law. The Law on Expropriation requires the Beneficiary of Expropriation to justify the need for expropriation and to demonstrate that the scheme cannot occur without the proposed expropriation. The declaration of public interest/use is a special procedure, which precedes and enables any property acquisition and expropriation. In case of expropriation for the Trnavica River training works the public interest was declared (details described in 6.4). 2.3 Expropriation process One of the conditions to start expropriation is the existence of evidence that the required funds have been secured and made available and evidence thereof presented together with each request for expropriation by which the formal process also starts. (Art. 24). This is submitted by the Beneficiary of Expropriation i.e. the City of Novi Pazar represented by the Public Defender. Each land plot whose acquisition is required is covered by a specific request ascertaining each person (PAP) owning part or the whole land, the area of land required, evidence the expropriation is lawful and justified including confirmation that the scheme is included in the relevant planning document. PAPs are individually invited to consultations in writing to their home addresses providing the subject, time and date of hearing proposed and a list of information and documents that is made available for presentation and discussion. At this occasion the PAPs is given the opportunity to comment, agree or dispute the land information or inventory of assets enumerated, including expropriation itself. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 16 - Subsequently the formal Decision on Expropriation is issued which can be challenged in first instance with the Ministry of Finance and the Administrative Court should the first instance outcome not be to the satisfaction of the appealing party. A comprehensive consultation process was completed. Figure 4 – Land acquisition flowchart Funds for land and Moving to asset Census of Spatial the valuation Agreement Public acquisition persons and Decision on planing Request for Individual and and payment interest secured with assets and Expropriation document expropriation consultations negotiation or referal to declared the Treasury socioeconomi passed adopted stage COurt account c survey 2.4 Compensation rates for Land and assets Details have been provided in chapter 6.5. and 6.6 2.5 Information and consultation requirements The Law on expropriation does not require per se public dissemination of information on the area delineated, and systematic and continuous dissemination. Nevertheless it requires public disclosure of the determination of Public interest and the Municipal authority to invite individually every affected person with formal legal rights to a meeting to present any facts which may be relevant for expropriation. It additionally requires timely dissemination and information of every decision within the process flowchart. This dissemination has statutory limits wherever a legal remedy is provided. 2. 6 Information of public importance Information of public importance is information held by a public authority body, created during or relating to the operation of a public authority body, which is contained in a document and concerns anything the public has a justified interest to know. The Law on information of public importance (Official Gazette RS", br. 120/2004, 54/2007, 104/2009 i 36/2010) requires any document publicly disclosed to have integrated guidance on how to access information of public importance. This subject is governed by the Law On Free Access To Information Of Public Importance4 shall govern the rights of access to information of public importance held by public authorities, with a view to exercising and protecting the public interest to know and attaining a free democratic order and an open society. By virtue of this Law access to information shall be granted to all stakeholders, including every natural person or legal entity upon written request unless otherwise regulated by the Law. Within 15 days of receipt of a request at the latest, the authority shall inform the applicant whether the requested information is held, and grant him/her access to the document containing the requested information or issue or send to the applicant a copy of the document, as the case may be. Annex 2 provides a template for access to information. 2.7 Other Applicable Laws and Provisions Besides the Law on Expropriation, there are a number of other laws that are applicable to processing expropriation such as inter alia the Law on Fundamentals of Property Relations (adopted in 1980, 5 http://pubdocs.worldbank.org/en/837721522762050108/Environmental-and-Social- Framework.pdf#page=29&zoom=80 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 17 - amended 1990, 1996 and 2005), the Law of Planning and Construction (adopted in 2023), the Law on State Cadastre (adopted in 2009, amended in 2020), series of laws guiding Court functions etc. 3. THE WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARD ON INVOLUNTARY RESETTLEMENT Bank supported projects involving Land Acquisition, Restrictions on Land Use and Involuntary Resettlement involuntary resettlement are subject to ESS55. The policy describes the procedures and instruments for mitigating negative economic and social issues that may arise. ESS5 is relevant in all cases when land acquisition or restrictions on land use that may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The overall objectives of ESS5 are the following: â–ª To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. â–ª To avoid forced eviction. â–ª To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. â–ª To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. â–ª To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. â–ª To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. Affected persons may be classified as persons: (a) Who have formal legal rights to land or assets; (b) Who do not have formal legal rights to land or assets, but have a claim to land or assets that is recognized or recognizable under national law; or (c) Who have no recognizable legal right or claim to the land or assets they occupy or use. 3.1 Gaps relevant to Sub-Project impacts The objectives of ESS5 are clear in their aim to avoid involuntary resettlement caused by land acquisition measures wherever feasible and if not possible to apply such compensation principles for impacts on all PAPs and to restore their livelihoods at least to pre-project level. In general, the institutional framework for expropriation in Serbia is strong and with a few gaps compatible with the ESS5 but there are some exceptions, especially related to the requirements to compensate at replacement cost for land vis-à-vis the national requirement of compensating land at market value 5 http://pubdocs.worldbank.org/en/837721522762050108/Environmental-and-Social- Framework.pdf#page=29&zoom=80 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 18 - without payment of taxes and fees as part of compensation package. Additionally, the national law does not instantly recognize informal users, occupiers, although compensation for immovable assets in particular residential structures is paid at “construction costâ€? which in essence comes very close to the replacement cost methodology. The law does not require a project specific grievance redress mechanism, a social impact assessment, gender disaggregated data. Assistance to vulnerable persons is recognized, with a definition that again comes close to what ESS5 and The WB Directive on vulnerable persons define as a requirement. What in practice happens, is that this provision is rarely utilized in out of court settlements, under the argument that the expertise is missing on the side of the administration or Beneficiary of Expropriation to determine the underlining drivers of vulnerability yet alone assign a compensation to it. The Court however takes into consideration the socio-economic conditions of the household and based on the assessment of risk from deterioration of the living standards may rule that additional support is due. The table below provides an overview of gaps relevant to Sub-Project impacts specific between the national expropriation law vis-à-vis ESS5 and the recommendations/actions taken for the national law to achieve compliance with the project standards. Table 1: Gap Analysis RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 19 - Topic covered National law requirements World Bank ESS5 Requirements Gap closing measures Census and No explicit requirement Where land acquisition or restrictions on land use are unavoidable, Conduct a census and household level socioeconomic survey and full Socioeconomic related to socio-economic the Borrower will, as part of the environmental and social inventory of persons and assets. Develop RAP (this document) with Survey studies or development of assessment, conduct a census to identify the persons who will be information on (i) current occupants in the affected area, (ii) and resettlement instrument affected by the project, to establish an inventory of land and assets to characteristics of displaced households and their standards of living Resettlement regardless of the extent of be affected, to determine who will be eligible for compensation and and livelihoods, (iii) magnitude of expected losses and extent of Action Plan impact. Nevertheless the assistance, and to discourage ineligible persons, such as displacement, and (iv) information on vulnerable groups or persons. (RAP) Law requires an inventory opportunistic settlers, from claiming benefits To address the issues The RAP will establish eligibility criteria for affected persons, set of affected persons and identified in the environmental and social assessment, the Borrower out procedures and standards for compensation, and incorporate assets without a socio- will prepare a Resettlement Action Plan proportionate to the risks arrangements for consultations, monitoring and addressing economic baseline and and impacts associated with the project grievances. monitoring indicators. Consultation with The engagement is formal To ensure that resettlement activities are planned and implemented The compensation packages have been discussed with the PAPs on a PAPs to consult and retained within the with appropriate disclosure of information, meaningful consultation, number of occasions, individually, in privacy and respecting the and agree on structures of the and the informed participation of those affected. cultural norms. compensation administrative process. principles and attain consent Compensation at The valuation land is based Replacement costâ€? is defined as a method of valuation yielding The compensation for loss of land is paid at average comparable sales replacement cost at the prevailing market compensation sufficient to replace assets, plus necessary transaction statistics to arrive at the replacement as defined in the WB policies, if price and circumstances at costs associated with asset replacement. Where functioning markets any resulting value from this process does not achieve the replacement the time when the agreement exist, replacement cost is the market value as established through value the compensation will be topped up. The top up shall be is signed. independent and competent real estate valuation, plus transaction assessed by accredited experts who will firstly determine the costs. Where functioning markets do not exist, replacement cost may replacement cost and then determine the amount needed to arrive at be determined through alternative means, such as calculation of output replacement cost. value for land or productive assets, or the undepreciated value of In determining the replacement cost of the affected land or asset, the replacement material and labor for construction of structures or other cost of market value plus taxes and fees, if any, will be taken into fixed assets, plus transaction costs. In all instances where physical account. In case of valuing the cost of affected structures, the displacement results in loss of shelter, replacement cost must at least depreciation cost of structures will not be taken into account and the be sufficient to enable purchase or construction of housing that meets estimation of costs will be assessed on how much it will cost for acceptable minimum community standards of quality and safety. The building a new one of the same quality. valuation method for determining replacement cost should be RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 20 - Topic covered National law requirements World Bank ESS5 Requirements Gap closing measures documented and included in relevant resettlement planning documents. Transaction costs include administrative charges, registration or title fees, reasonable moving expenses, and any similar costs imposed on affected persons. To ensure compensation at replacement cost, planned compensation rates may require updating in project areas where inflation is high or the period of time between calculation of compensation rates and delivery of compensation is extensive. Payment of taxes There are no transaction The compensation will be inclusive of administrative charges, Only the cost of registration in case of purchase of new land are and fees costs and the registration registration or title fees, and any similar costs imposed on affected included in case the PAP has the intention to buy new land. If at the fees are born by the persons. time of compensation payment, the PAPs declare intent to buy Beneficiary of expropriation replacement land, the Beneficiary of Expropriation shall top up the including court fees compensation with the above said contingency amount. This shall be documented. Grievance Besides officially Appropriate, affordable and accessible procedures for third-party The PIU established the CFD in 2019 while the City of Novi Pazar Redress recognized institutions and settlement of disputes arising from resettlement must be established; has established the independent grievance committee (LGD) on to serve for legal remedies for appeals no such grievance mechanisms should take into account the availability January 27, 2023 grievances arising other procedure for of judicial recourse and community and traditional dispute settlement in connection with settlement of Grievances is mechanisms. the activities of required the sub-project Monitoring & No specific monitoring The Borrower is responsible for adequate monitoring and evaluation The PIU will conduct periodic monitoring in line with the Evaluation procedures are required of the activities set forth in the resettlement instruments. requirements set out in the RPF and this RAP. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 21 - 4. AVOIDING AND MINIMIZING IMPACTS An alternative route for the sub-project could not have been explored and the impact area itself could not have been avoided since the alignment is set as it follows the position of the river. Despite that fact an exceptionally high number of mitigation measures have been applied to mitigate and minimize negative impacts and accommodate mitigation requests of PAPs. For example, the technical design has been changed to avoid any impacts to residential structures. The design changes were made through on site consultations with PAPs, the DFW and PIU and in consultation with the designer. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 22 - 5. OVERVIEW OF PROJECT IMPACTS The works will be prevalently executed within the right of way within the river bed owned by the Republic of Serbia as an asset of public interest. Notwithstanding, acquisition of minor areas of private land id required and the following impacts have been identified: â–ª The footprint is set across a universe of 168 land parcels a combination of public and private land. â–ª Permanent acquisition of 21 land parcels either privately owned or co-owned with the state by using eminent domain power i.e. expropriation from total of 19 private owners - 17 private owners natural persons (co-owners) and 2 business entities in the total area of 1909m2 (of non- cultivated, polluted and flood prone land) â–ª Acquisition of 4 auxiliary structures attached to land privately owned â–ª Acquisition of 11 walnuts. The tables below show overview details on numbers of land parcels by type of ownership, gender patterns, registered and actual use of land and scale of loss. Table 2: Overview of affected land parcels by type of ownership and area Number and percent of Total area m2 Ownership/co-ownership ownership over land parcels affected by expropriation Private – natural persons 17 (10,11%) 1466 Private – Business entities 4 (2,38%) 443 Public 147* (87.50%) 8969 Total 168 (100%) 10878 *There are no utilities or public structures on these parcels within the river bed. The sewage connections within the bank of the river will be removed as they are not in use and households will be connected to the public sewage system. Activities already ongoing under the Project Green Serbia. Majority of land owners are men. However the site visit and socio-economic survey confirmed that there is a joint decision making process evident in the household. Table 3: Overview of land ownership disaggregated by gender Number of owners Percentage (including co-owners Ownership and owners of business entities) Women 2 10,52% Men 17 89,48% Total 19 100% RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 23 - Table 4: Overview on land size patterns Land size m2 Total area impacted by expropriation (natural and business 1909 entities) Average area 106,5 Smallest area 2 Largest area 336 The land categories assigned and registered through the cadastre are not reflecting the actual use of land. None of the parcels has the actual land use as classified below. Table 5: Overview of land categories No of plots and Type of land affected 6 % Artificially created infertile land ) 11(50%) Orchards 3 (4%) Meadow 7 (24%) Total 21 (100%) Source: Novi Pazar Cadaster office Table 6 Overview of assets categories Reference of asset Area in figures 7&8 Type of assets affected impacted (m2) #1 Auxiliary structure (in use) 85 #2 Garage/storage (in use) 70,90 #3 Storage (unused) 127 #4 Storage (in use) 65 6 The classification of land is as registered in the cadastre office and does not necessarily mean this is the the way the parcel is utilized RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 24 - Figure 5 – Impacted Assets 1 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 25 - Figure 6- Impacted assets 2 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 26 - 5.2 Census/Inventory The Census/Inventory of all PAPs and asset survey was developed in order to gather and analyse data and information required to identify all categories of impacts, the Project Affected People (PAPs) directly affected by land acquisition (owners of affected land plots). The Census contains data on the following: (i) Location and Cadastral Municipality, (ii) Land plot number, (iii) Type of impact, (iv) Name of PAP (owner or user), (v) Total area of land owned (m2). (vi) Total area of land to be affected (m2) (vii) Type of asset on land affected. (viii) Valuation and Compensation assessed (ix) Other information relevant for individual cases. The summarized version of the census database is provided in Annex 4 of this RAP. And the detailed excel file is kept as a separate file. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 27 - 5.2 Socio-economic Survey The Socio-economic survey was conducted with the support of the City of Novi Pazar. For purposes of the Survey, an announcement was issued by the PIU and administered by the City of Novi Pazar. All persons affected were covered by the announcement. Invitations to survey together with the information on the survey were sent to homes of all PAPs. The Survey was conducted during June and August 2023. The dataset gathered during the Socio-economic Survey provides a baseline of detailed socio, economic, household demographic, livelihood sources and other relevant data for the Project Affected Population. For more information see survey template in Annex 3. PAPs who were willing to enter negotiated compensation agreements were unwilling to participate in the survey as they have already provided data during discussions around the compensation. Statements on whether land was cultivated and contributing to their livelihoods were solicited during the negotiations. The summary of the key data is provided in Annex 4 to this RAP (the full database is in the form of a separate Excel document). Confidential information about individual persons and properties will not be publicly disclosed. 5.3 Socio-economic assessment of the PAPs In addition to basic demographic data (age, sex, family size), social and economic information (ethnicity, health, education, occupation, income sources) were gathered from among the affected people. These surveys gathered detailed information at a household and individual level on current living standards, incomes and livelihoods. The objectives of the Socio-Economic Surveys were to identify potential adverse impacts on PAPs and potentially vulnerable people and households; and to serve as a baseline to measure effectiveness of resettlement plans and mitigation measures. The Socio-Economic Survey and consultations covered the following main topics providing a baseline data for future monitoring and evaluation of RAP implementation. â–ª Demographic Information â–ª Household Composition â–ª Education & Skills â–ª Economic Activities & land based livelihood â–ª Household Incomes â–ª Health & Welfare and vulnerability 5.3.1 Owners 9 out of 19 PAPs affected by expropriation agreed to participate in the survey including the two business entities. This represents 47.30% of the universe of affected persons. The sample is considered representative since the project will not have livelihood impacts, nor disruption of business activities, nor will physical displacement be experienced. 5.3.2 Demographic features of households Amongst the interviewed 100 % provided information about the household members. 18% of households are single headed, 9 % are with two members, followed 28% of four membered households, 18% five member households and 9% of six membered. Further analysis showed that usually two generations live together. Household features are presented below. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 28 - DEMOGRAPHICS OF HOUSEHOLD Six membered Not applicable 0% 22% Five membered 45% Single person 11% Two membered Four membered Three membered 22% 0% 0% Figure 7: Demographic features of households 5.3.3 Gender of Respondents From the secondary data the women’s titles are most commonly established by exercising their hereditary right. The Law on succession grants equal rights to succession of both male and female successors. These figures should be interpreted with support of the provisions of marital and family law whereas the ownership right is deemed to be distributed equally between husband and wife and if formal registration of property is made in name of only one spouse a legal assumption of ownership is made on behalf of both. Only one land parcel is co-owned by a women. GENDER STRUCTURE Female Male 22% 78% 5.3.4 Education The analysis of the respondent’s answers revealed a solid education background although the responses were not provided in details. The survey results show that the adult literacy rate is 100%. Results from the discussion did not require any adaptive approach when it comes to stakeholder engagement and direct negotiations ability. Elementary Education structure Not applicable 0% 0% Univerity degree 17% Post secondary 0% Secondary 83% 5.3.5 Sources of Livelihood for the affected person and monthly income RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 29 - 68 % of respondents reported salaries as their main income followed by pensions in a 32% ratio. The respondents did not report any other source of land or asset based income neither formal nor informal but were unwilling to declare the monthly income. During the survey they confirmed their socioeconomic situation is in line with the average economic situation of households in Novi Pazar.. The minimum net wage in Serbia in August 2023 was 42.320 RSD (360.09 EUR or 396.8 $ equivalent) a month per equivalent adult and none of the household declared incomes below this lowest wage. When asked to self-assess their economic situation and financial status 4 responded to be very satisfied and the others were neither satisfied nor dissatisfied. However, given the minor impacts from land acquisition PAPs were reluctant to share more details of their economic situation and income. 5.3.6 Employment status Employment status of respondant Didn't answer Employed 11% 22% Unemployed 11% Self-employed 22% Retired 34% Figure 0-8: Employment status 5.3.7 Place of Residence All respondents live in Novi Pazar in the area where land take will occur. 5.3.8 Vulnerability The socio-economic survey has identified one vulnerable persons amongst the PAPs who is also one of the owner with disputes over inheritance and compensation, and who decided to take his case to court despite the negotiation efforts. The driver of vulnerability is not related to adverse project impacts nor is the person more limited than others in their ability to take advantage of a project’s benefits. This person is considered vulnerable due to his family and the ability to manage his economic status. He lives alone, in a remote area, with no immediate family, and his employment was terminated three years ago due to a restructuring process his company had undergone. Since then he has been living of his sheep breeding and recently has lost two lambs to a dog attack which has affected his expected income. Furthermore, he has lost health insurance since as a registered major land holder (over 6 hectares) he must contribute yearly to the health insurance which he has repeatedly failed to do so. He was also not willing to act on the advice provided by the health insurance fund on how to resolve his status. The assessment has taken into account considerations relating to the age but more importantly the impoverishment potential as a result of impacts stemming from the sub-project land acquisition and impacts to livelihood. There is no direct impact or consequence from the land acquisition impacts, as the land is not providing for his livelihood. The impacts are minor and do not pose further impoverishment or marginalization threats. Indicators on generic vulnerability have been taken into account and ascertained that the specific types of changes imposed by the Project shall not aggravate his situation. A special support plan has been agreed and adopted. Details are provided in chapter 6.8. 5.3.9 Public infrastructure that will be affected During implementation of the Project no public infrastructure will be affected. The sewage outflows are inactive and the intention of the City of Novi Pazar to connect all households to the public sewage. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 30 - The works on the improvement/replacement of bridges compliant with the design will ensure unhindered access, and timely information and consultation with the PAPs once the Contractor has been selected in the process of approving his work schedule. The city of Novi Pazar has established a working group to deal with this issues during construction works. 5.3.10 Community Perception of the Project The community is very devoted to the success of the Project since the floods are very common and patterned occurrences especially impacting those living at the very banks of the river. The damage they suffer and the constant fear during the heavy rains and snow melting has boosted the support of the community of the sub-project. All respondents look forward to successful completion of the project and have expressed their anxiety for the project to commence as a matter of urgency. 6. RESETTLEMENT COMPENSATION STRATEGIES 6.1 Key Principles The RPF committed key principles which are incorporated into this RAP. The principles for the impacts identified could be briefly summarized as follows: â–ª Resettlement and compensation for impacts extended to PAPs will be carried out in compliance with Serbian legislation and World Bank’s ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement whereas the more stringent requirement will take precedence â–ª Affected People will be compensated for their losses at replacement cost to allow restoration at pre-displacement level, â–ª The RAP implementation and outcomes will be monitored and evaluated by the PIU, â–ª The land acquisition and compensation strategies will be developed in close consultation with the PAPs. 6.2 Cut-Off Date This Sub-Project is of such nature that encroachment and persons moving into Project area solely in anticipation of benefits is highly unlikely. The date when the PAPs are informed in writing of the submitted expropriation proposal will serve as the Cut-off date. Information in writing will be provided together with the proposal. Any investment made after the cut-off date will not be compensated except where it can be demonstrated that such post-cut-off date improvements were needed to maintain the livelihoods of the affected person during the period between the cut-off date and displacement. The intention of the cut-off date has been presented during the survey. 6.3 Eligibility All 19 PAPs identified prior to the cut-off date are entitled to compensation in line with this RAP. This sub-project affects following category of PAPs â–ª Project affected persons, with formal title and recognizable claims, who lose part of their land and assets attached to land. The entitlements for the above impact categories are shown below: Table 7: Entitlement matrix for impacts identified RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 31 - Type of loss Person with rights Compensation policy Economic displacement Land Replacement land of equal or higher value and similar productivity in direct proximity or in the surroundings of the expropriated land together with all costs Land regardless to of resettlement and administrative fees severity of loss Owner with formal title (including needed for transfer of ownership rights, (whether partial or owner with legally recognisable claim) if any. complete loss) or Cash compensation at replacement costs In case the remaining area of land is not viable, it will be expropriated upon PAPs Unviable land, request and compensated. The statutory agricultural or Owner of land limit to file this request is 2 years construction following the completion of the civil works Assets attached to land (other than houses ) Assets attached to Cash compensation at replacement costs, private land (sheds, Owners of structures or where possible dismantling and storage facilities, relocation stables, etc.) The right to collect fruits/yield Loss of perennial + Owners of plants (it is not of importance Cash compensation at replacement cost plants and trees (fruit if the owner of plants is owner of land, on the basis of type, age and productive bearing trees, or lessee, or informal owner/user of land value, including the value of time needed vineyards and fruit providing that they invested in planting to produce such crop and net income bearing plants) loss, as well as costs of investment On top of all rights defined in this matrix, vulnerable PAPs will be provided additional assistance including legal Vulnerable PAPs: persons below the assistance and help. Any additional Impact on vulnerable poverty line in accordance with national support required for any affected laws, households led by women, single vulnerable households will be determined groups parents, elderly, disabled person or those on case-to-case basis during socio- with long-term health problems. economic survey. These PAPs are given priority during employment by the project if that is possible. 6.4 Status of Expropriation Process at preparation of this RAP 6.4.1 Commencement of expropriation The Public interest allowing land acquisition was declared by the Government on April 15, 2021 (Decision 05 No.465-3361/2021). The Project has been under preparation since 2020 and hence the prompt declaration of Public interest. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 32 - Since 2021 a census of persons and assets was developed, financial allocations made and all other activities preceding the formal expropriation completed, including completion of the detailed design. 6.4.2 Information on expropriation Individuals enumerated in the census eligible to receive compensation as defined under 6.3 Eligibility were individually invited to the Property department of Novi Pazar. Detailed information on the proposed expropriation, the process to be followed and principles that shall apply were presented. Invited were all individuals identified in the inventory list provided by the Cadastral office and enumerated in the detailed design for expropriation as well as those persons claiming they have the right of inheritance even though the succession procedure has not been completed. In order to facilitate legal successors of deceased owners to be recognized for entitlements without the delay of having to finalize the inheritance process the City of Novi Pazar has passed a decision authorizing the Public Defender and the Property department to recognize such persons as de facto owners and therefore PAPs with the right to claim and receive entitlements. During this first consultation, maps with delineation of the Project were shown. It has been explained that the alignment of the Project is set following the footprint of the river, but that mitigation measures have been applied to avoid severe impacts. The PAPs all signed off to the delineation of the Project thus to the area of land impacted. 6.4.3 Social survey Between May and August 2023 a Socio economic survey was conducted with support of the City of Novi Pazar. The survey was announced through individual notices served to all affected persons by courier. 6.4.4 Asset screening After the expropriation proposals are submitted with supporting documentation, and first information disseminated, individual invitations to hearings on expropriation were sent to every PAP. The invitation specified the purpose, time and date of hearing proposed and provided the PAPs with a list of documents to be made available for presentation and discussion at the agreed time. At the hearings, PAPs and the City of Novi Pazar jointly signed off to the inventory of land plots, identified owner and confirmed that besides land, no assets are attached to the land. No crops, trees or similar assets affixed to the land were identified. The land is near the river, and prone to erosions and under eminent flood risk wherefore the PAPs do not cultivate land adjacent to the river. The land is registered as such but it is indeed not cultivated. At that time, claims recognized or recognizable under the Law in respect to inheritance rights were submitted. The PAPs have been assisted with free legal aid by the Public Defender’s office. All categories of Project Affected Persons were individually consulted. 6.4.5 Valuation Following the census the City of Novi Pazar submitted a request to the Tax administration office as the competent authority (in accordance with Article 42 Law on expropriation) to assess the value of land. The request was submitted for every case individually. The Tax administration has provided the valuation for all plots based on the planned use which means the land was valuated as construction land and therefore no differentiation for types of land was provided. The valuation was discussed with the PAPs for consideration. And sufficient period was given to allow due consideration of the offer given and registering any formal disagreement with the offer. The Project specific Grievance commission was in place then as was a valuation specific complaints mechanism within the Tax administration office was available. None of the PAPs raised their grievance with the RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 33 - Grievance commission re the valuation of land. However the . PAPs were individually invited inclusive of August 2023 to state their position on the offer made. 15 (78,94%) out of 19 land owners agreed with the valuation for land and assets (including for all 4 structures and the walnuts) attached to their land and are willing to enter into negotiated compensation agreements. 1 has provided his agreement in principle to be followed with the formal agreement (27,7%) while 3 owners will likely go to court, because of their family dispute and not the land acquisition and land valuation itself, as they are heirs to the deceased formal owner with an internal family dispute (they have been recognized as persons with recognizable claims, however, their disputes go beyond the remit of ESS5 and this RAP and as the project team understood, these are complex family issues with a long history to which the Project is not able to respond). Should the second round of negotiations fail, these cases will be transferred for resolution by the Basic Court in Novi Pazar. It has been agreed with the City of Novi Pazar that another round of negotiations would be conducted in these two cases although PAPs were very decisive in their intention for the Court to determine the compensation packages despite the extended engagement efforts and general agreement with the acquisition and the Sub-Project itself. The cases of disagreement had no underlying disagreements with the fundamentals and principles of valuations. It is a matter of internal family dispute (they have been recognized as persons with recognizable claims however their disputes go beyond the remit of ESS5 and this RAP as the project team understood these are complex family issues with a long history to which the Project is not able to respond. Court cases have high priority it is expected that the judicial processes will be completed by end of October 2023. Compensation shall be then paid within 15 days following the court decision. 6.4.6 Methodology applied during valuation The value of land is determined based on the market value of land of equal productive potential or use located in the vicinity of the affected area by comparison of sales transaction in the recent past by applying corrective factors to arrive at actual market value. The time span is defined as “the most recent pastâ€? 6-12 moths, and is supported by evidence of the observed transactions together with the corrective formula applied by the Tax authority. The formula ascertains that the actual transaction costs are calculated. The methodology applied was in line with the Guidelines for determining market value passed by the Director of the Tax administration office. The Guidelines set forth principles in determining the market value of land and other immovable property. The valuation is based on comparable market value determined in at least two final decision of the tax authority, issued in the procedure of determining the tax on transfer of absolute rights by comparison of the same or similar land on the market, in the same cadastral municipality or adjacent, of the same or similar quality (field, orchard, meadows, forests, etc.). The comparable sales transaction considered are the one closest to the date when the valuation is conducted. Estimated value of the land have been increased by using the calibration factors depending on location, proximity to roads, provided infrastructure, proximity to populated areas, and registration fees if any. The average valuation provided by the Tax administration office is 2.714,00 RSD/m2 or 23.15 EUR/m2 equivalent. 6.4.7 Taxes and Fees Under the Law on VAT (“Official Gazette of RSâ€? No,. 84/2004, 86/2004 - ispr., 61/2005, 61/2007, 93/2012, 108/2013, 6/2014 – RSD amount adjusted . 68/2014 – other law, 142/2014, 5/2015 –rsd amount adjusted, 83/2015 i 5/2016 –RSD amount adjusted) the transaction of agricultural land by virtue of expropriation for flood emergency works is exempt from payment of VAT. These taxes have therefore not been included under the valuation. There are no fees for modifications of the existing land titles (certificates) and subtracting portions of land expropriated as this process is handled ex officio by RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 34 - the City of Novi Pazar in terms of administration and cost. These fees have therefore not been included under the valuation. Registration fee in the cadastre for transfer of property rights is born by the Beneficiary of Expropriation in accordance with the Law on State Cadastre (Official Gazette RS", No. 72/2009, 18/2010, 65/2013, 15/2015 – decision of Constitutional Court -S i 96/2015) which also cover fees for modifications of the existing land titles (certificates) and subtracting portions of land expropriated .The process is conducted ex officio by the City of Novi Pazar in terms of administration and cost. These fees have therefore not been included under the valuation. The only administrative fee that could be imposed to PAPs is the registration fee in case they would opt to buy new land to replace the expropriated land. Since the land expropriated is rather small (less than 10% of total land), the PAPs did not declare their intent to buy replacement land. However, a corrective factor in form of a contingency of 10.000,00 RSD (81,3 EUR) per PAPs as the average cost of registration fee, has been applied. If at the time of compensation payment, the PAPs declares his intent to buy replacement land the Beneficiary of Expropriation shall top up the compensation with the above said contingency amount. This shall be documented through minutes. 6.4.8 Budget made available The City of Novi Pazar has deposited 45.000.000,00 RSD (339.959,00 EUR equivalent) into a Consolidated Treasury Account within the Budget appropriation (See Annex 10). Under this account, earmarked payments can only be spent towards the designed purpose and is considered eligible expenditure under National Law on Budget and the Budget system (Official Gazette of RS No. 54/2009, 73/2010, 101/2010, 101/2011, 93/2012, 62/2013, 63/2013 - corr, 108/2013, 142/2014, 68/2015 – other and 118/2021)7. Local Self-governments are not allowed to open escrow or similar accounts with commercial Banks. For them a Consolidated Treasury Account is opened in the name of the local authority and operated by the Treasury (Bullet 39 of the Law – definitions). Any expenditure is appropriated by the Assembly of the local Government, by law on the Budget of the Republic of Serbia or the decision on the budget. Only by such appropriation is the Local Government authorized to spend public funds up to a specified amount and the for certain purposes (Bullet 31 definitions). Payments from the Consolidated Treasury Account for the implementation of any obligations of other public funds beneficiaries that are included in the consolidated treasury account system will not be made if the appropriation and budget has not been approved in the manner prescribed by law or act of the Assembly and local government and if the plan is not submitted to the Administration for Treasury for review and audit (Article 58- Payments from the Budget). In this case, payments can only be made to PAPs for compensation due related to expropriation of land parcels acquired for the execution of training works on the Rivers Trnavica, JoÅ¡anica and RaÅ¡ka. This amount covers compensation for land and assets as assessed by the Tax administration and/or the Court. Location Cost + Contingency RSD for land and assets River Trnavica (A) 6.482.696,00 River JoÅ¡anica (B) 3.873.000,00 River RaÅ¡ka (C) TBD Total: A+B+C 10,355,696 7 Law on the Budget system, http://www.paragraf.rs/propisi/zakon_o_budzetskom_sistemu.html accessed on August, 2023 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 35 - 6.5 Land valuation At the valuation stage, the BoE contacted the Tax Administration office (local municipality office but under MoF authority) to assess the value for land (all types of land, agricultural, urban, barren etc.) at market price. PAPs can be present during the valuation process. This was then discussed with the PAPs and written compensation offers sent In the case of privately owned agricultural land, if comparable land of the same type and quality, or the appropriate value, in the same area or vicinity (Article 15 of the Expropriation Law) can be identified, it is offered to the project affected person with formal title. The comparability of land is determined on the basis of an assessment of the available public land, by an accredited expert hired either by the Beneficiary of Expropriation, or the Ministry of Agriculture, Forestry and Water Management (MoAFWM). In case of disagreement on the comparability of the land offered, a different accredited expert would be hired by the local municipality to determine the comparability of the land offered. Further disagreement would result in the project affected person resorting to the judicial process, where a decision would be made on the comparability of the land, or the payment of the assessed fair value in monetary terms. Where comparable land cannot be identified, the project-affected person with legal title is offered the assessed fair value as determined by the Tax Administration. If the project affected person wishes to challenge the assessment of “fair valueâ€? they can resort to the judicial process. Only in one case is the replacement land option being explored. Once the expropriation decision cannot be disputed by legal remedies (legal validity) and the PAPs agree with the terms and conditions it becomes legally binding. Once this RAP is approved formal agreements will be signed between the BoE and the PAPs which will include the timing and rate at which cash compensation will be paid or in-kind compensation provided. Where no agreement on compensation is reached within 2 months of the validity of the Decision on Expropriation (or less if the Municipal Administration decides as such), the Municipal Administration submits the case file together with relevant documents to the competent Court, at the territory of which the expropriated real property is located, for the purpose of determining the compensation. The competent court ex officio decides in non-contentious proceedings on the amount of compensation for the expropriated property. This process is, as mentioned, guided by the Law on Extra-Judicial proceedings. 6.5 Compensation for expropriated land Payment of cash compensation will be appropriate since livelihoods are not land based and the land taken for the project is a small fraction of the affected asset and the residual is economically viable. The National Law on Expropriation is broadly compatible and in compliance with the replacement value requirements. The land is assessed by applying the following formula: V = V0 + a1X1 + a2X2 + … + anXn + interest for extended payments V- Assessed replacement market value V0- Average Transaction value as recorded in the Tax administration in the recent past based on transactions of same or similar land in the same cadastre municipality or adjacent one in case no transaction were recorded based on a willing buyer willing seller basis. a1 – assigned coefficient X1, X2 - additional corrective factures specific to the case (location, specific features of the parcel, infrastructure equipment, specifics of the location etc) RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 36 - 6.6 Valuation for assets - auxiliary structures The National Law on Expropriation is broadly compatible and in compliance with the replacement value requirement. As for the auxiliary structures impacted - fences, shacks, outdoor toilet and heating material storage facility their value is assessed by applying the following formula: C= M+Q+T+L+Cf+U+Tx+interest for extended payments C- Compensation at replacement Cost M-Market cost of material Q-Quantity of material needed T- Transport of material to construction site L- Cost of labour Cf- Contractor’s fee and supervision cost U- Cost of utility connections Tx- registration and transfer taxes The formula has been agreed with the owners of all 4 structures accepted to enter negotiated agreements. The Law on expropriation and the Law on Contracts and Torts and the Law on interest for delayed payments requires that interest is paid in case of extended payments. The calculation of interest is based on the delay expressed by multiplying the yearly interest rate for delay (set by the National Bank of Serbia) Within the meaning of this Law, the default interest shall be calculated for the number of calendar days in default relative to the number of calendar days in a year (365 or 366), by applying the simple interest formula and the decursive method and without accruing the default interest to the principal after the expiry of the accounting period. The following formula is applied: G´p´d k= , 100 ´ Gd Whereas: k – Default interest, G – Debt amount, p – Prescribed default rate per annum, d – Number of calendar days of default during the period, Gd – number of calendar days in a year (365 days – common year, 366 days – leap year). 6.7 Valuation for perennials (walnuts) Valuation for assets attached to land shall be done by accredited experts by using the replacement formula i.e. the Compensation equivalent to the cost to raise a replacement full yielding tree, including the time needed to reproduce replacement trees, and compensation for lost yields until till trees reach full productivity. The determination of the full replacement value requires consideration not only of the yield of the crop over one year, but also of the cost of re-establishing the plantation (seedlings, soil preparation, fertilizers, etc.), as well as of the lost income during the period needed to re-establish the crop. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 37 - Compensation rates should be calculated in compliance with the full replacement cost principle, whereby the compensation rate “Câ€? for one tree is determined by application of the following formula: C = V x D + CP + CL V - average market value of the year over a year D - average time required to re-establish the tree to an adult production level, in years CP - cost of planting (seedling, soil preparation, initial fertilization) CL - cost of the labor required to maintain the crop during the period of time needed to re-establish it to its previous production level The calculated unit rate C is then applied to the whole plot based on the enumeration of all standing trees. The expert is required to timely announce the date and time of the site inspection to the BoE and the PAPS so they can adequately plan their attendance. However the attendance is discretional. The expert shall submit their findings and assessments to both parties who then have the right to provide comments to the finding and require remedies of any defaults identified or ask for amendments, whatever is appropriate, within 15 days upon receipt of the written valuation report. Once agreed the finding serve as basis to sign the negotiated compensation agreement. 6.8 Mitigation measures fighting vulnerability The socio-economic survey concluded that the loss of employment jeopardized the PAPs access to medical care coupled with the fact that he has title owner significant areas of agricultural and other land which require out of pocket contributions to access the health insurance and care system. However, it was not certain that despite some advice he was provided he understood or agreed with the actions the law required him to take. It was obvious that the loss of employment diminished his financial resources which also contributed to him declining to make the required yearly contributions. None of these obvious vulnerabilities would disable the PAPs to access the Project benefits nor would the Project’s adverse impacts deepen his vulnerability. However, the Project decided to provide advice and support in re-entering the health insurance system. A focal point was assigned by the City of Novi Pazar to liaison with the PAP and provide guidance and contact with the health insurance fund and the Employment office of Novi Pazar. Within the two institutions further focal points have been nominated and contacts details provided to the PAP. They are best placed in providing guidance and hands-on-support. The short-term actions and outcome of this additional support is aimed at the PAPs re-entering the health insurance system within the next 3 months. This is expected to be achieved through these support actions: (i) expert legal advice on the options available, (ii) active expert legal support in meeting the conditions precedent required to re-enter the health insurance system, (iii) providing three options how the short term (3 months) financial contributions will be covered for the health insurance to become active, and (iv) adopt a plan for assessment of skills and jobs and restrictions due to existing health conditions for the PAP to have priority in employment opportunity with the Project once the contract for construction works are signed. In addition the Project has agreed to provide the PAPs with household supplies, such as blankets, new items of furniture etc. through an existing support the community of Novi Pazar extends to persons in need. The PAP has agreed with all these measures. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 38 - 7. GRIEVANCE REDRESS MECHANISM 7.1 Organizational Arrangements for Grievance Management Grievances will be managed through the Central Feedback Desk (CFD) established and administered by the PIU and Sub-Project specific Grievance Desks (LGD) (collectively referred to as Grievance Mechanism (GM). After dully consideration, the grievance redress mechanism for this sub-project is tailored in response to consultation with the PAPs mirroring local needs, customs, habits and expectations of the community. The Central Feedback Desk has been established in 2021 and is fully in function. The LGD was established on January 27, 2023 and is fully in function. The establishment decision is presented in Annex 11 - Constitution of Grievance Commission The GM was established as a forum for grievances and comments in relation to expropriation, temporary impact to any kind of property, damages in relation to execution of the works, giving people better access to project authorities which has proven to be very helpful. Since the small Scope of the Project and relatively small impact, the LGD is designed as a body of four members. This is deemed to be sufficient capacity to deal with grievances. One of the members shall be a representative of PAPs, three are representatives of the City of Novi Pazar not directly involved in the process of expropriation to ensure full impartiality. The LGD and CFD will meet as necessary, depending on the range and nature of grievances. The GM shall serve as both Project level information centre and grievance mechanism, available to those affected by implementation of all Project sub-components and be applicable to all Project activities and relevant to all local communities affected by project activities. The GM shall be responsible for receiving and responding to grievances and comments of the following two groups: â–ª A person/legal entity directly affected by the project, potential beneficiaries of the Project, â–ª A person/legal entity directly affected by the project through land acquisition and resettlement, â–ª Stakeholders - people with interest in the project, and â–ª Residents/communities interested in and/or affected by project activities. The PIU in cooperation with the City of Novi Pazar has ensured that all PAPs are fully informed of the grievance mechanism by communicating the existence of the GC, its function, the contact persons and the procedures to submit a complaint in the affected areas. In order to do so information on the GC was or will be made available, as the case may be: â–ª As part of the ESMP for Trnavica river and associated public consultations in May 2023 details of the GM were provided, â–ª the notice board and website of City of Novi Pazar (www.Novi Pazar.org) , â–ª on the Construction Site in the Camp of the Engineer (once Construction works start), In addition, the PIU/DfW has distributed information leaflets and brochures containing details of the role of the GM and the contact information for filing grievances/comments to home addresses of all PAPs between. The information leaflet is presented in Annex 5 – Grievance . RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 39 - To allow easy access to the GC a printout of the grievance recording form will be available at the City of Novi Pazar and to be downloaded from the website of the City of Novi Pazar and of MAFWM. The grievance recording form template is presented in Annex 6 – Grievance registration Form. 7.2 Grievance Procedure The grievance procedure is designed to be effective, easy, understandable and without costs to the complainant. Any grievance can be brought to the attention of the GC personally or by telephone or in writing by filling in the grievance form (by post, fax or personal delivery to the addresses/numbers given below: Ministry of Agriculture, Forestry and Water City of Novi Pazar Management, PIU Grievance Commission (Serving as Local Grievance Desk) To the attention of the CGD Esad Mahmutović Address Dr. Ivana Ribara 149 Adresa Stevana Nemanje br. 2 11070 Beograd 36300 Novi Pazar Phone number: 064/890-7338 Telephone: +381 11 6163 600 E-mail e-mail: rdvpiu@yahoo.com adresa:esad.mahmutovic@novipazar.org.rs All grievances will be recorded in the Grievance Log register and assigned with a number, and acknowledged within 3 working days. The Grievance Log register will have all necessary elements to disaggregate the grievance by gender of the person logging it as well as by type of grievance. Each grievance will be recorded in the register with the following information: â–ª description of grievance, â–ª date of receipt acknowledgement returned to the complainant, â–ª description of actions taken (investigation, corrective measures), and â–ª date of resolution and closure / provision of feedback to the complainant. The GC will make all reasonable efforts to address the complaint upon the acknowledgement of grievance. If the grievance/complaint is vague and not clear enough, the GC is obliged to help and provide counsel and even help in redrafting the submission, in order for the grievance/complaint to become clear, for purposes of an informed decision by the GC, in the best interests of persons affected by the Project. If the GC is not able to address the issues raised by immediate corrective action, a long- term corrective action will be identified. The decision of the GC shall give a clear assessment on the grievance/complaint, clear ruling and recommendations for fair remedy and propose measures to modify future conduct that caused the grievance as well as proposed measures to compensate if mitigation measures cannot remedy the harm or injury. The decision shall be in writing and shall be delivered to the person who filed the grievance as well as to any other person or entity to which the recommendation and measures shall apply or is under obligation by Law. The person who filed the grievance can express his/her personal satisfaction to the outcome of the grievance resolution procedure. The complainant will be informed about the proposed corrective action and follow-up of corrective action within 7 working days upon the acknowledgement of grievance. If the particular issue rose through the grievance mechanism cannot be addressed or if action is not required, a detailed explanation/ justification will be provided to the complainant on why the issue was not addressed. The response will also contain an explanation on how the person/ organization that raised the complaint can proceed with the grievance in case the outcome is not satisfactory. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 40 - At all times, complainants may seek other legal remedies in accordance with the legal framework of Republic of Serbia at any time. The GC will publish, and provide the GC with copies, one intermediate report on the number and type of grievances received, comments addressed and closed-out, disaggregated by gender and type of grievances/comments two months after establishment, another intermediate report during construction works and one final report after completion of works. 7.3 Monitoring and Reporting on Grievances The CFD will be responsible for: â–ª Collecting data from LGD serving as local admission points on the number, substance and status of complaints and uploading them into the single regional database; â–ª Maintaining the grievance logs on the complaints received at the regional and local level â–ª Monitoring outstanding issues and proposing measures to resolve them; â–ª Disclosing quarterly reports on GM mechanisms. â–ª Summarizing and analyzing the qualitative data received from the local Grievance Admission points on the number, substance and status of complaints and uploading them into the single project database; â–ª Monitoring outstanding issues and proposing measures to resolve them; The monthly social monitoring reports to the WB shall be submitted through the PIU, which shall include a section related to GM which provides updated information on the following: â–ª Status of GM implementation (procedures, training, public awareness campaigns, budgeting etc.); â–ª Qualitative data on number of received grievances (applications, suggestions, complaints, requests, positive feedback) and number of resolved grievances; â–ª Quantitative data on the type of grievances and responses, issues provided and grievances that remain unresolved; â–ª Level of satisfaction by the measures (response) taken; â–ª Any corrective measures taken. 7.4 Grievance Reporting Since January 27, 2023 the LGD received one Grievance pertaining to Trnavica River Training works Sub-Project. The summary graphs produced from the Grievance log kept by the GM and the PIU show the overall statistics for Grievances. The Grievance was related to the loss of perennials which have net been enumerated in the inventory. Following receipt of the grievance the grievance was acknowledged within three days from submission, and the PAPs was contacted by the LGD to discuss the resolution of the case. Within the next 7 days the City of Novi Pazar has appointed an expert to supplement the census of assets and provide valuation for the loss of perennials. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 41 - The PIU has engaged with the PAPs directly on September 15, 2023 to verify that the Grievance has been resolved to his satisfaction. The PAPs has assessed the grievance process from submission to resolution, and the outcome as highly satisfactory. His assessment included his awareness, the accessibility and cost of accessing, the time taken for resolution and the outcome itself. 9.4 World Bank Grievance Redress System Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank’s attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 42 - 8. CONSULTATION AND PARTICIPATION The Project Implementation Unit (PIU), together with the representatives of departments in charge of expropriation, is responsible for communicating necessary project and process information, as discussed in the RAP, Project Affected People (PAPs).The PIU is assisting the city officials in complying with the RAP as a structured ongoing support until full implementation is achieved. The PIU, together with the City of Novi Pazar, will conduct the public consultations on the RAP and information dissemination reflecting main issues of relevance to the Project. Timely information and contacts for further information inquiries, the available grievance mechanism and the disclosure of the RAP will be through: â–ª announcements in the local daily media, â–ª direct communication â–ª the website of www.Novi Pazar.org â–ª the website of the MAFWM www.minpolj.gov.rs â–ª noticeboard of City of Novi Pazar This RAP will be disclosed in Serbian, and English on the above mentioned websites, as well as made available as printed copies at the premises of City of Novi Pazar and the premises of the PIU. Personal data or data identifying individuals will be removed from the disclosed copies. 8.1 Past Stakeholder engagement and protocol for engagement related to land acquisition The Stakeholder engagement on land acquisition had begun with the declaration of Public interest. At that time it has been announced to the public that land will be acquired as was a tentative timeline for land acquisition. Following the Requirements of the SEP the Sub-Project was officially and publicly announced on November 9, 2022. Evidence of the announcement is presented in Annex 14. Later that month, within a period of 5 day (from November 11- 16, 2022) the PIU conducted the formal Environmental and Social Screening to identify the environmental and social risk and impacts including those stemming from land acquisition. The Screening was undertaken along the 1000 m long footprint of the river training works and included initial discussion with the households impacted by the Project. At the time of screening the protocol and the instruments to be prepared were discusses, the RAP and ESMP and details for the CGD for submission of questions, comments and concerns including the information that the LGD will be stablished early next year. Since the screening in November was completed the City of Novi Pazar has been inviting each individual owner to discuss the land acquisition process. Owners have been invited with written invitations, with evidence of receipt. The usual time between the invitation and the discussion is 8-14 days. If the owner is represented by a member of family he was asked to provide a power of attorney evidencing the power of representation. Each discussion was recorded through minutes of meeting signed by all parties, the official guiding the discussion, the Public defender and the owner of the land. Details of the land acquisition process, timelines, entitlements, process to valuation of the land and assets were presented at those occasions including the right to legal remedy, formal appeal options at every stage of the was in addition to the CGD and LGD. The documentation related to individual engagement activities are kept separate in case files relevant to each owner and land parcel and are kept at the City of Novi Pazar archive. In May 2023 the stakeholder engagement continued with the development of the Environmental and Social Management Plan (ESMP) which was publicly consulted on May 19, 2023 to the public and persons directly affected by the land acquisition. Pictures and the attendance sheet are presented in RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 43 - Annex 15. The Attendance sheet will be removed from the version of the document publicly disclosed in line with the Personal Data Protection requirements. The presentation of the social risk and impacts was dedicated to the engagement protocol, grievance mechanism available and the land acquisition detailed process, expectations and compensation principles. Copies of the ESMP, the Grievance information leaflet and the Grievance form were provided to all participants and were since January 2023 also available on the notice board of the City of Novi Pazar. Between May and August 2023 a Socio economic survey was conducted with support of the City of Novi Pazar. The survey was announced through individual notices served to all affected persons by courier. 8.2 Report on public consultations To be completed after Public consultations 9. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION TEAM 9.1 Responsibility for Implementation The Sub-Project and this RAP will be implemented by the Ministry of Agriculture, Forestry and Water Management (MAFWM) and the Project Implementation unit housed thereunder. with the involvement of other institutions as provided in details in the table below. The PIU will implement or ensure implementations of material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs), This Environmental and Social Commitment Plan (ESCP), the RPF and this RAP. The PIU will ensure the involuntary land acquisition process is compliant with the RAP and ensure the organization structure is established and maintained with qualified staff in the administration of the City of Novi Pazar for timely and compliant implementation of the RAP and managing grievances.. The PIU has incorporated in the Bidding documents clauses to enhance environmental, social, health and safety performance of the Contractors to be awarded with execution of construction works. Other organizations and parties involved in the process of expropriation are the Ministry of Finance, Tax Administration. The table below provides an overview of the responsibilities and arrangements for implementing the requirements of this RAP. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 44 - Table 8: Responsibilities and Implementation Arrangements Task Responsible Entity Disclosure of information and documents stakeholder engagement PIU lead by its Social and outreach activities and organization of public and individual Specialist consultation meetings and events Record keeping PIU and the City of Novi Pazar Direct communication with and, if needed, visits to owners and PIU City of Novi Pazar occupants properties Valuation of property to be acquired Ministry of Finance - Tax administration office Valuation of assets attached to land Accredited valuation experts with relevant expertise as needed (e.g. agriculture, construction etc) Expropriation City of Novi Pazar – department for property affairs Representation of the Beneficiary of Novi Pazar The Public Defender’s office Payment of compensation City of Novi Pazar Legal remedy beyond the administrative process and the GRM Basic Court in Novi Pazar Administrative Court in Kraljevo Supreme Cassation Court in Belgrade Legal assistance to PAPs City of Novi Pazar Monitoring and reporting on land acquisition and grievances PIU Monitoring and reporting on impacts during construction works (e.g. Primary the PIU, temporary land occupation damages Beneficiary of Expropriation City of Novi Pazar , Contractor Grievance management Grievance Commission established by the City of Novi Pazar on January 27, 2023 Cross-entity coordination PIU with the Working Group established Completion Report and evaluation of RAP implementation PIU 9.2 Institutional Capacities The implementation of the provisions and obligations under this RAP shall be by the Ministry of Agriculture which assigned responsibility for implementation to the DWM. The DWM already has an established PIU for a World Bank financed Irrigation and Drainage Rehabilitation Project which closed RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 45 - on March 31, 2013 and the Flood Emergency Recovery Project which closed in 2019 During preparation of investments and implementation of works, the PIU will work in close coordination with the City of Novi Pazar. The staff assigned for implementation of this RAP and the Novi Pazar Flood protection sub-project is deemed to be sufficient to carry out all tasks related to RAP implementation including preparation of the Completion Report. The organization of the PIU is presented in the hierarchy chart below. MINISTRY OF AGRICULTURE, FORESTRY AND WATER MANAGEMENT DIRECTORATE FOR WATER MANGEMENT (PIU) PIU (Head of PIU) SAFEGUARDS CONTRACT (E&S), FIDUCIARY MANAGEMENT MONITORING AND EVALUATION 10. IMPLEMENTATION SCHEDULE Table 9: Tentative Implementation Schedule for RAP Novi Pazar RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 46 - 2023 N0 Activity Responsibility 2024 June July Aug Sept Oct Nov 1. Constitution of Grievance Commission City of Novi Pazar Completed on January 27, 2023 Census and socio-economic survey and 2. PIU 1-30 1-31 1-18 establishment of baseline conditions 3. Disclosure of draft RAP PIU 5 4. One on one consultations with PAPs PIU/City of Novi Pazar 1-30 1-31 1-18 1-30 1-15 5. Public consultations on draft RAP PIU 15 6. Disclosure of final RAP PIU/City of Novi Pazar 17 7. Expropriation (preparatory activities) City of Novi Pazar 1-30 1-31 1-31 1-12 1-30 8. Expropriation formal procedure City of Novi Pazar 1-31 9. Valuation of assets at negotiation stage City of Novi Pazar/Accredited experts/Tax administration 1-30 1-31 1-31 1-31 1-31 Payment of compensation agreed in 15- 10. City of Novi Pazar 1-31 negotiated settlements 30 At the time compensation is formally disputed and should the 11. Referral of disputed cases to Court City of Novi Pazar second round of negotiation fail Once compensation is paid and/or earmarked in the treasury 12. Access to expropriated land PIU and Supervision Consultant escrow for pending Court cases Contractor supervised by the PIU and the Supervision During construction works but not before the compensation has 13. Removal of assets on land Consultant (Engineer) been paid ( March 2024) 14. Monitoring PIU Monthly until the civil works are completed 15. RAP implementation progress report PIU Three reports i.e. November 30, January 31, and March 30 May 16. RAP Completion report PIU 30 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 47 - 10.1 Monitoring, Evaluation and Reporting Monitoring of the land acquisition and resettlement process will be conducted by the PIU to: â–ª ascertain whether activities are in progress as per schedule and the timelines are being met; â–ª assess whether the compensation / rehabilitation measures are sufficient; â–ª identify any potential issues(including monitoring of grievance management in terms of recording and responding to grievances within the specified timeframe); and â–ª Identify methods to mitigate any identified issues. In addition the construction work supervision consultant will have a duty and obligation to monitor implementation of social requirements during the construction phase. The following shall be their duties: â–ª Supervision of the contractors in performance of their obligations in respect to RAP timeline â–ª Preparation and submission to the PIU of regular reports on implementation of measures for social monitoring; â–ª Provision of service to the local community through receipt of feedback and proposals. â–ª The construction board on the site will include clearly visible information on contact persons on behalf of the supervision, as well as working hours for contacts with the public. All complaints, praises, proposals received by the supervision contractor, would be forwarded together with the Supervisor’s opinion to the Employer for further acting. The idea is that every reaction of the local population is provided with a timely response, while a unified records of the correspondence with the local population will be presented in regular reports to the financing institution; It is very important that local - The population shall be fully aware of complaint possibility and that mechanism for submission of complaints is very simple. â–ª Suspension of works causing a high level of noise in periods when such noise is not allowed; â–ª Suspension of the works if inadequate protection of local population and environment against dust and pollution is provided. It is planned that within the final phases of the works execution, the supervisor completes questionnaires with the local population on behalf of the Employer in order to assess the level of content of local population. The questionnaires would be sent to the mailboxes of locals, while ones completing these questionnaires could deliver them in person to the supervisor’s representative or send them by regular post to the Employer’s address. Experience gained during the realization of the different infrastructure rehabilitation projects in Serbia, funded by WB Loans, significantly contributed to preparation of bases for social monitoring and assessment subsequent mitigation of impacts produced by the project on local community. Related to positive practice, PIU representative will perform regular controls of measures taken by the contractor and supervision. The PIU will maintain a land acquisition database on the owners/users of properties that have been affected. The PIU shall keep a monthly updated status on all baseline information. Hereby indicators to be used for monitoring of implementation of this RAP are designed and shall include inter alia: RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 48 - â–ª Overall spending on expropriation and compensation â–ª Number of PAPs by categories and number of project affected households by categories â–ª Number of PAPs whose property has been damaged by construction works â–ª Number of PAPs compensated for damages â–ª Number of public meetings and consultations with affected people â–ª Number of auxiliary structures affected, â–ª Number of m2 expropriated, â–ª Number and percentage of individual compensation agreements signed before the beginning of construction activities, â–ª Number and type of grievances received by the GC related to land acquisition (number of grievances submitted, number and percentage of grievances resolved within the specified timeframe of 7 days, number and percentage of people satisfied with the outcome, i.e. the response provided to their grievances/comments, all disaggregated by gender of complainant), and number of legal actions initiated in relation to land acquisition) â–ª Number of grievances received by the GC related to construction works â–ª Number of PAPs engaged as local workmanship amongst for the purpose of the works execution (Person-month and number of actually employed persons disaggregated by gender); â–ª Number of contracts concluded by the contractor in local community (e.g. for accommodation of workers, lease of lots for storage of materials, etc.). The PIU shall keep Monthly updated database in the form of excel spreadsheets and send quarterly updates to the World Bank. 10.2 Completion Report The PIU will monitor the implementation of the resettlement processes, through internal institutional arrangements. Based on the semi-annual report the PIU shall do an in –house completion report within 2 months of resettlement completion to summarize the implementation of the RAP. The report should verify that all inputs committed in the RAP have been delivered and all services provided. In addition, the report should evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. The socioeconomic status of the affected population will be measured against the baseline conditions of the population before displacement, as established through the census and socioeconomic studies. The internal completion report is considered appropriate in comparison to the extent of impact. 11. COST AND BUDGET As per national requirements the costs of the land acquisition is financed by the Beneficiary of expropriation i.e City of Novi Pazar. The proceeds required for land acquisition were secured and allocated in the in the Budget of the City of Novi Pazar. Certificate of Evidence of funds is presented in Annex 8 - Evidence of secured funds for expropriation Table 10: Assessment of Budget to be paid for Expropriation RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 49 - Status of payment # of fixed assets attached to land # and type of perennial affected (A) (B) (C) Budget w/ Area of land in total (m2) contingency made Cost per Costs estimation Costs estimation available category As Per Tax As Per accredited Component (RSD and EUR impact administration experts # of plots equivalent) (RSD) (EUR) 3.560.990,00 RSD Construction 31.348,03|EUR / Trnavica land: Land 45.000.000,00 RSD Pending aproval of the acquisition Fixed assets - / RAP but not later then by 21 4 11 1909 339.959,00 EUR Auxilliary 2.667.706,00 RSD October 31, 2023 exprorpiation Wallnu equivalent) structures 22.762,50 EUR ts Perennials / 254.000,00 RSD 2.167,00 EUR TOTAL: 21 4 11 1909 45.000.000,00 RSD 339.959,00 EUR equivalent) TOTAL I 45.000.000,00 RSD 3.560.990,00 RSD 2.921.706,00 RSD B+C : 31.348,03 EUR 24.852,44 EUR TOTAL II A- 38.404.245,00 RSD (B+C) : RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 50 - Offered Compensation Assessed Request for Negotiated Parcel Compensation Assets amount RSD No PAPs ID Gender Total area m2 Land use value for land replacement settlement number amount RSD FOR attached , m2 FOR Assets (RSD/m2) land reached LAND attached 1 1 M 8957/2 44 Construction 5000 220000.00 No No No Yes 2 2 M 9135/2 82 Construction 5000 410000.00 No No No Yes 3 3 M 9134/2 18 Construction 3000 54000.00 No No No Yes 4 4 M 803/11 8 Construction 3000 24000.00 No No No Yes 5 M 71.5 Construction 1000 71500.00 No No No No 5 6 M 849/2 23.83 Construction 1000 23830.00 No No No No 7 F 47.66 Construction 1000 47660.00 No No No No 8 M 854/2 26 Construction 3000 78000.00 35,45 (1/2) 117.200 No Yes 6 9 M 854/2 26 Construction 3000 78000.00 35,45 (1/2) 117.200 No Yes 7 6 M 366/2 336 Construction 1000 336000.00 No No No Yes 8 10 M 730/2 102 Construction 3000 306000.00 65 m No No Yes 9 729/4 60 Construction 3000 180000.00 No No No Yes 11 10 n/a 729/3 83 Construction 3000 249000.00 No No No Yes 11 850/4 123 Construction 2000 246000.00 No No No Yes 12 12 M 850/3 2 Construction 2000 4000.00 No No No Yes 13 860/3 2 Construction 2000 4000.00 No No No Yes 13 14 M 860/2 51 Construction 2000 102000.00 No No No Yes 14 M 810/1 56 Construction 3000 168000.00 42,5 (1/2) 339880 No Yes 15 15 M 810/1 55 Construction 3000 165000.00 42.5 (1/2) 339880 No Yes 16 375/2 160 Construction 1000 160000.00 No No No Yes 16 17 F 362/2 70 Construction 1000 70000.00 No No No Yes 18 n/a 13-Jul 183 Construction 1000 183000.00 No No No Yes 17 19 n/a 8/4 117 Construction 1000 117000.00 No No No Yes 20 18 M 9126 20 Construction 2000 40000.00 No No No Yes 21 19 M 809/1 112 Construction 2000 224000.00 85 1987712 No Yes RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 51 - RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 52 - Annex 0 - Pictures from the site Auxiliary structure 1 Auxiliary structure 2 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 53 - Auxiliary structure 3 Auxiliary structure 4 RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 54 - Affected perennials (walnut trees) Typical site condition RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 55 - Annex 1 – Invitation to Public Consultation on RAP Draft In accordance with the WB ESS5 and ESS10 The Ministry of Ministry of Agriculture and Environmental Protection Directorate for Water Management is issuing an invitation for PUBLIC CONSULTATIONS on RESETTLEMENT ACTION PLAN (RAP) For Novi Pazar Flood Protection sub-project Under the Sava Drina Basin Integrated Management Project (SDIP) To be held on September x 2023 at 14:00 PM (Local time ) at the City of Novi Pazar The document subject to the consultation is made available in hard copies at the the following adresses: â–ª At the premises of The Ministry of Ministry of Agriculture, Forestry and Water Management, Directorate for Water Management, Belgrade, on the second floor, on working days from 11:00 AM to 01:00 PM (local time), within 14 days in regards to the date of public announcement of this invitation. â–ª the premises of City of Novi Pazar, during working hours, â–ª on the web site of the Ministry of Agriculture, Forestry and Water Management - Directorate for Water Management : www.rdvode.gov.rs â–ª On the website of the City of Novi Pazar: www.Novi Pazar.org Questions and concerns in respect to the provisions of the documents can be submitted in writing to the following address below as well as by e-mail and be submitted and stated directly during the consultation. If you need any additional information, please contact: Ministry of Agriculture, Forestry and Water Management PIU Address Dr. Ivana Ribara 149 11070 Beograd Telephone: +381 11 6163 600 e-mail: rdvpiu@yahoo.com RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 56 - Annex 2 – Request For Access to Information of Public Importance NOTE: This an unofficial translation only. Requests should be made in Serbian ……………………………………………………………………………………………… name and head office of the addressed authority REQUEST For Access to Information of Public Importance On the basis of Article 15 section 1 of the Law on Free Access to Information of Public Importance (“Official Gazette of Republic of Serbiaâ€? No. 120/04, 54/07, 104/09 and 36/10), I hereby request that the authority first written above grant me the following:* o â?« notification as to whether it is in possession of the requested information; o â?« insight into the document containing the requested information; o â?« copy of the document containing the requested information; o â?« sending of the document containing the requested information:** o â?« by mail o â?« by electronic mail o â?« by fax o â?« by other means:***__________________________________________ This request relates to the following information: _________________________________________________________________________________ _________________________________________________________________________________ ________________________________________________(please provide as detailed an account of the requested information as possible, as well as any other data that could facilitate information retrieval) ________________________________ Applicant / Name and Surname In ____________________, ________________________________ Address On ___________201___ (date) ________________________________ Other contact data ________________________________ Signature _______________________________________ * Check the box next to the legal right to access to information that you wish to exercise. ** Check the box next to the means by which the copy of the document is to be sent. *** If you require the copy to be sent by other means, please indicate by which other means. RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 57 - Annex 3 – Socio-economic Survey Questionnaire Questionnaire number Survey date: .2023 City: Novi Pazar Location: Trnavica Address: Cadastral plot reference: Whole plot affected: YES / NO If no, specify the size of the non-affected part: m2 1. GENERAL INFORMATION ON THE RESPONDENT 1.1. Respondent’s name and surname: 1.2. Place of living: 1.3. Owner or user of land plot: 1.4. Ethnic group: 1.5. Phone number: 2. GENERAL INFORMATION ON AFFECTED PROPERTY (PLOT) 2.1. Location of the plots, total number per location and cadastral reference Location Total Cadastral plot reference Current use number of Tick applicable use plots 1. Arable land Forest Pasture Unused 2. Arable land Forest Pasture Unused 3. Arable land Forest Pasture Unused 3. OWNERSHIP ISSUES RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 58 - 3.1. Owner: Yes No 3.2. User: Yes No 3.3. Ownership details With fully registered title Legalization in What stage is the legalization process in: progress Formal lease of Owner public property Formal lease of Owner (contact details): private property Informal lease Owner (contact details): Fully informal How did the owner take possession of the above mentioned plot? Shared If yes, name other co-owners: ownership YES / NO Tick applicable box 4. AGRICULTURAL ACTIVITIES 4.1. Perennial / annual species: ____________________________________________________________________________ 4.2. If perennial: Year of plantation: ____________ 4.3. Average yield on this plot according to farmer :_____________________________________________ (specify measurement unit). 4.4. Overall land holdings of the farmer, including this plot and all others: ____________________ hectares Including farm lands, pastures, forests, arid and unused land – Include all land available to the farmer regardless of ownership. 4.5. Of which farmed this year: ______________________ hectares 5. AGRICULTURAL ACTIVITIES 5.1. Do you sell crops __________________________________________________________________________________ __ 5.2. If yes, what is your average annual income generated by selling crops:________________________________________ RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 59 - 5.3. Do you use crops to meet your own needs (subsistence): __________________________________________________ 6. GENERAL INFORMATION ON THE HOUSEHOLD 6.1. Information on household members Name and surname Relationship Year of Gender Occupation Education with Head of Birth (degree of Household vocational education) 1 HH HH M F 2 M F 3 M F 4 M F 5 M F 7. SOCIO-ECONOMIC DETAILS ABOUT THE AFFECTED HOUSEHOLD VULNERABILITY 7.1 Is any of the household members suffering from 7.2. Social benefits (yes or no, if yes which kind of one of the following problems: assistance) Physical handicap Mental handicap Chronic disease requiring regular medical attention Chronic disease requiring hospitalization unemployed or without regular income Elderly and/or elderly and single Member of ethnic minority (e.g. Roma) Other problem (specify) Indicate the number of affected household members in section 2 in the relevant table 7.1. Total household income Which of the following categories does the Amongst the following, what are your main average total monthly income of your whole sources of income: household fall in: Less than 10, 000 RSD Salaries Pensions Between 10.000 and 40, 000RSD Personal Government or agricultural other assistance production Between 40,000 and 70,000 RSD Small business Other (specify): More than 70,000 RSD Remittances Other (specify): RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 60 - In case there are several household Tick appropriate box members earning the income, please consolidate them together 7.2 Total Monthly expenditure and categories Which of the following categories does the Amongst the following, what are your main average total monthly spending’s of your whole expenditure categories or assign a relevant range household fall in: or amount Less than 10, 000 RSD Food and non- alcoholic beverages Between 10.000 and 40, 000RSD Housing related expenses (rent, water, electricity, gas, fuels, etc.) Between 40,000 and 70,000 RSD Food More than 70,000 RSD Furniture, household equipment and routine maintenance of the house Health Education Leisure and recreation In case there are several household Tick appropriate box members earning the income, please consolidate them together 7.2. Are you satisfied with your economic situation? Highly satisfied Satisfied Neither satisfied nor dissatisfied Dissatisfied Highly dissatisfied Tick applicable box Anything you wish to add not covered? ----------------------------------------------------------------- THANK YOU! RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 61 - Annex 4 –Socio-economic Data for those expropriated Note: Full data with compensation amounts is provided in separate excel sheet RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 62 - Annex 5 – Grievance mechanism information leaflet Žalbeni mehanizam za projekte regulacija reka JoÅ¡anice, Trnavice i RaÅ¡ke Avgust 2023 PoÅ¡tovani sugraÄ‘ani, Radi joÅ¡ bolje saradnje sa lokalnom zajednicom tokom realizacije Projekta korićenja reka JoÅ¡anice, Trnavice i RaÅ¡ke u Novom Pazaru, uspostavljen je žalbeni mehanizam radi evidentiraja i efikasnog reÅ¡avaja problema i poteÅ¡koće sa kojima se graÄ‘ani mogu suoÄ?iti tokom graÄ‘evinskih radova na realizaciji ovog Projekta. Korišćenjem Žalbenog mehanizma graÄ‘ani će biti u mogućnosti da brže i efikasnije zaÅ¡tite svoja prava i interese ali i da dobiju dodatne informacije o samim radovima. Žalbe koje spadaju u nadležnosti ovog tela odnose se na Å¡tetne uticaje do kojih može doći tokom izvoÄ‘enja radova (praÅ¡ina, buka, Å¡tete na zasadima i objektima, odlaganje materijala na delovima neeksproprisanih parcela, nepropisna vožnja teretnih vozila i graÄ‘evinske mehanizacije i druga nepropisna postupanja izvoÄ‘aÄ?a i podizvoÄ‘aÄ?a radova i sl.) kao i pojedina pitanja vezana za eksproprijaciju. Informacije o projektu biće redovno saopÅ¡tavani a nakon poÄ?etka izvoÄ‘enja radova mogu se naći i na zvaniÄ?noj internet stranici Grada Novog Pazara i na oglasnoj tabli u prostorijama Gradske uprave. Svaka podneta žalba odnosno predstavka biće bez odlaganja evidentirana u Centralnom registru žalbi za Grad Novi Pazar pod jedinstvenim brojem. Nakon toga, navodi žalbe ili predstavke biće ispitani, a po potrebi se od podnosioca mogu zatražiti i dodatne informacije ukoliko Komisija oceni da je to od znaÄ?aja za postupanje po žalbi. Komisija će odluku doneti u roku od 7 radnih dana, odnosno 15 radnih dana u složenijim sluÄ?ajevima, uz konsultacije sa podnosiocem žalbe kako bi predoÄ?ila predloženi naÄ?in reÅ¡avanja i procenila da li se time na zadovoljavajući naÄ?in otklanja problem. Žalbenu komisiju formiralo je Gradsko veće Novog Pazara i možete joj se obratiti pisanim putem dostavom žalbe/predstavke na sledeću adresu koristeći formular za žalbe koji se nalazi u nastavku ovog obaveÅ¡tenja Žalbena komisija projekta korićenja reka JoÅ¡anice, RaÅ¡ke i Trnavice Ime i prezime službenika zaduženog za admistriranje predstavki pristiglih Žalbenoj komisije Esad Mahmutović Adresa Stevana Nemanje br. 2 36300 Novi Pazar Broj telefona: 064/890-7338 E-mail adresa:esad.mahmutovic@novipazar.org.rs SrdaÄ?an pozdrav, Žalbena komisija U Novom Pazaru 24.08.2023. godine RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 63 - Podaci o podnosiocu žalbe Žalbu možete podneti i bez navoÄ‘enja svojih liÄ?nih podataka ili možete zatražiti da se vaÅ¡i podaci bez vaÅ¡e saglasnosti ne mogu saopÅ¡tavati trećim licima Ä?ak ni za potrebe postupanja po žalbi. U sluÄ?aju da želite da ostanete anonimni o reÅ¡enju sluÄ?aja možete se informisati putem zvaniÄ?ne internet stranice Grada Novog Pazara www.novipazar.rs Ime _____________________________________ Prezime _____________________________________ â?? Želim da moja žalba ostane anonimna Pol podnosioca žalbe (popunjavanje ovog polja nije obavezno) â?? MuÅ¡ki â?? Ženski â?? Zahtevam da se moj identitet bez moje saglasnosti ne otkriva trećim licima . NaznaÄ?ite na koji naÄ?in želite da budete kontaktirani (e-mejlom, telefonom, redovnom poÅ¡tom). â?? Redovnom poÅ¡tom na sledeću adresu (molimo upiÅ¡ite adresu) _______________________________________________________________________________________ â?? Telefonom: ______________________; â?? Putem elektronske poÅ¡te na sledeću adresu: ____________________________________ â?? Pratiću internet stranicu Grada Novog Pazara i želim da ostanem anoniman Jezik za komunikaciju â?? Srpski â?? Drugi (navesti koji) ___________________________ Opis dogaÄ‘aja/problema/razloga podnoÅ¡enja prijave (Å ta se dogodilo? Gde? Kome se dogodilo? Å ta je posledica dogaÄ‘aja? Datum kada se dogaÄ‘aj desio) â?? Da li je ovo prvi ovakav sluÄ?aj (navesti detalje) ______________________________________________ â?? Da li se ovaka sluÄ?aj dogodio i ranije i koliko puta _________________________________________ â?? Da li razlog za žalbu i dalje traje? ___________________________________________________ Koji je, po vaÅ¡em miÅ¡ljenju, najbolji naÄ?in da se reÅ¡i ovaj problem? __________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Potpis (u sluÄ?ajevima anonimne žalbe nije potreban): _______________________________ Datum podnoÅ¡enja: _______________________________ Popunjen obrazac poslati na adresu: Grad Novi Pazar Za Žalbenu komisiju projekta korićenja reka JoÅ¡anice, RaÅ¡ke i Trnavice Stevana Nemanje br. 2 36300 Novi Pazar _________________________________________________________________ RAP – Sub-Project Novi Pazar – Trnavica River Training works Page - 64 - Annex 6 – Grievance registration Form translation GRIEVANCE FORM – INFORMATION ABOUT THE PERSON SUBMITTING THE GRIEVANCE Reference no. Full Name First name _____________________________________ Note: you can Last name _____________________________________ remain anonymous â–¡ I wish to raise my grievance anonymously if you prefer or â–¡ I request not to disclose my identity without my consent request not to disclose your identity to the third parties without your consent â–¡ By Post: Please provide mailing address: __________________________________________________ Contact â–¡ By Telephone: Information: _______________________________________________ Please mark how â–¡ By E-mail you would like to _______________________________________________ be contacted (mail, phone, e-mail) â–¡ I don’t wish to be contacted and will follow up on the resolution on the website of the City of Novi Pazar Preferred â–¡ Serbian Language for â–¡ Bosnian communication â–¡ Other please specify Description of What happened? What is the result of the problem? Incident or Grievance: Date of Incident/ â–¡ One time incident/grievance (date _______________) Grievance â–¡ Happened more than once (how many times? _____) â–¡ On-going (currently experiencing problem) What would you like to see happen to resolve the problem? Signature: _______________________________ (not required in case of anonymous complaints) Date: _______________________________ Please return this form to: City of Novi Pazar To the attention of the Grievance Commission for the river training works ( Trnavica) Stevana Nemanje br. 2 36300 Novi Pazar Annex 7 - Invitation to Survey Ministarstvo poljoprivrede, Å¡umarstva i vodoprivrede, RepubliÄ?ka direkcija za vode i Grad Novi Pazar sprovode zavrÅ¡ne aktivnosti za projekte regulacije reka JoÅ¡anice, RaÅ¡ke i Trnavice u Novom Pazaru. U okviru tih aktivnosti priprema se plan eksproprijacije i otkupa imovine za Å¡ta je potrebno da se sprovede anketa svih vlasnika i korisnika onih nepokretnosti Ä?ija se imovina ekspropriÅ¡e a koja se nalazi na podruÄ?ju projekta regulacije ovih reka. Anketiranje će se obaviti u periodu od 14.08.2023 – 21.08.2023. godine. Upitnici će biti dostavljeni na kućnu adresu vlasnika nepokretnosti Ä?ija se imovina ekspropriÅ¡e. Svrha ankete jeste prikupljanje podataka o socijalnim i ekonomskim karakteristikama domaćinstava koja se nalaze na potezu na kome će se izvoditi radovi na regulaciji reka. Podaci prikupljeni ovom anketom služiće iskljuÄ?ivo za potrebe izrade socio -ekonomske studije i procene uticaja koje projekat može da ima na lokalnu zajednicu. Studija je sastavni deo Akcionog Plana Raseljavanja Ä?ija izrada je u toku. Svi podaci pribavljeni u toku anketiranja biće zaÅ¡tićeni u skladu sa zakonom i neće biti dostupni trećim licima. UÄ?ešće u anketi je dobrovoljno. Ukoliko ne želite da uÄ?estvujete u anketi molimo vas da na anketnom upitniku to naznaÄ?ite i stavite svoj potpis. Koristimo priliku da vas obavestimo da je Grad Novi Pazar zajedno sa Ministarstvom poljoprivrede, Å¡umarstva i vodoprivrede formirao posebnu komisiju za žalbe, koja će biti na raspolaganju svim graÄ‘anima kako bi mogli da dostave primedbe, sugestije i pozitivna miÅ¡ljenja, kao i da prijave eventualne poteÅ¡koće i Å¡tetu koja može da nastane kao posledica graÄ‘evinskih radova kada oni budu otpoÄ?eli. Detaljna obaveÅ¡tenja o formiranju i nadležnostima Žalbene komisije i naÄ?inu podnoÅ¡enja predstavki i dopisa biće istaknuti na oglasnoj tabli u prostorijama gradske uprave Novog Pazara. Predstavke i žalbe se mogu podnositi telefonskim putem, elektronskom poÅ¡tom, poÅ¡tom ili liÄ?no u gradskoj upravi Novog Pazara. Unapred se zahvaljujemo na odvojenom vremenu i uÄ?ešću u anketi. Ukoliko imate dodatna pitanja ili su vam potrebne dodatne informacije molimo vas da kontaktirate kolege iz gradske uprave Novog Pazara putem broja telefona U Novom Pazaru 14. avgusta 2023. godine Annex 8 - Evidence of secured funds for expropriation Annex 9 - Unofficial translation of evidence of secured funds Unofficial translation The official letterhead Republic of Serbia City of Novi Pazar City administration for entrusted affairs Financial department Novi Pazar Number 60/22 Date, November 3, 2022 PUBLIC DEFENDERS OFFICE Reference subject: Submission of data In reply to your request under case file (60/22) you are hereby notified that the Decision adopting the Budget for Novi Pazar allocated an amount of 45.000.000,00 RSD at the economic classification 0001, program 15, budget line 33, economic classification 541. Head of the Budget Senad Melajac (illegible signature) ----------------------------------------------------------End of Translation ------------------------------------------ --------------------------------------- Annex 10– Individual invitation to Public consultation on draft RAP In accordance with the WB ESS5 and ESS10 The Ministry of Ministry of Agriculture and Environmental Protection Directorate for Water Management Invites Mr. XXXXX from Novi Pazar to PUBLIC CONSULTATIONS on RESETTLEMENT ACTION PLAN FOR (RAP) For Trnavica sub-project Under the SDIP To be held on October XX, 2023 at XX:XX PM (Local time ) in the premises of the City of Novi Pazar The document subject to the consultation is made available in hard copies and online: â–ª At the premises of the Ministry of Agriculture, Forestry and Water Management, Directorate for Water Management, Belgrade, on the second floor, on working days from 11:00 AM to 01:00 PM (local time), within 14 days in regards to the date of public announcement of this invitation. â–ª At the premises of City of Novi Pazar, during working hours, â–ª On the web site of the Ministry of Agriculture, Forestry and Water Management, Directorate for Water Management : www.rdvode.gov.rs â–ª On the website of the City of Novi Pazar: www.Novi Pazar.org Questions and concerns in respect to the provisions of the documents can be submitted in writing to the following address below as well as by e-mail and be submitted and stated directly during the consultation. If you need any additional information, please contact: Ministry of Agriculture , Forestry and Water Management The SDIP Project Implementation Unit 11070 Belgrade, Serbia tel./fax. +381 11 / 6163 600 E-mail: rdvpiu@yahoo.com Annex 11 - Constitution of Grievance Commission Annex 12 – List of participants To be added after consultations Annex 13– Pictures from census and socio-economic surveys