SFG2169 V2 Roads Department of the Ministry of Regional Development and Infrastructure of Georgia Detailed Design and Bidding Documents for Upgrading the Section between Agara Bypass - Gomi Bypass (Zemo Osiauri) km 114 – km 126 of the E 60 Highway Updated Resettlement Action Plan Addendum to the RAP Section Agara Bypass – Gomi Bypass (Zemo Osiauri) (km 114 – km 126) Addendum prepared bY RDMRDI 11 January 2018 CURRENCY EQUIVALENTS (as of 11 January 2018) Currency Unit – Lari (GEL) $1.00 = GEL 2. ,58 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) ACS – acquisition and compensation scheme ADB – Asian Development Bank CSC – construction supervision consultant AH – affected family AP – Affected Person CBO – community based organization DMS – detailed measurement survey RDRD – Road Development and Resettlement Division GoG – Government of Georgia GRC – grievance redress committee IA – implementing agency IFI - International Financial Institution IP – indigenous peoples EMA – external monitoring agency km – Kilometre LAR – land acquisition and resettlement LARC – land acquisition and resettlement commission LARF – land acquisition and resettlement framework RAP – Resettlement action plan M&E – monitoring and evaluation MFF – multitranche financing facility MOF – Ministry of Finance MPR – monthly progress report MRDI – Ministry of Regional Development and Infrastructure NAPR – National Agency of Public Registry NGO – non-governmental organization PEMI – persons experiencing major impact PFR – periodic financing request PPR – project progress report PPTA – project preparatory technical assistance PRRC – Property Rights Recognition Commission R&R – resettlement and rehabilitation RD – Roads Department RDMRDI – Roads Department of the Ministry of Regional Development and Infrastructure of Georg RoW – right of way RS – resettlement service SES – socioeconomic survey SPS – safeguard policy statement ETCIC – Transport Reform and Rehabilitation Centre WB - World Bank NOTE In this report, “$” refers to US dollars. The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Table of Contents Executeive Summary 7 I. INTRODUCTION 12 II. CENSUS AND IMPACT ASSESSMENT 14 III. SOCIO-ECONOMIC INFORMATION 19 IV. LEGAL AND POLICY FRAMEWORK 19 V. INSTITUTIONAL ARRANGEMENTS 20 VI. CONSULTATION, AND PARTICIPATION 20 VII. GRIEVANCE REDRESS MECHANISM 20 VIII. IMPLEMENTATION SCHEDULE 21 IX. COSTS AND FINANCING 23 X. MONITORING AND REPORTING 27 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) GLOSSARY Beneficiary Community: All persons and households situated within the government-owned or acquired property who voluntarily seek to avail and be part of the Project and represented by a community association that is duly recognized by the community residents, accredited by the local government, and legally registered with the appropriate institutions. Compensation: Payment in cash or in kind of the replacement cost of the acquired assets. Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to Affected people, depending on the nature of their losses, to restore their economic and social base. Improvements: Structures constructed (dwelling unit, fence, waiting sheds, animal pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization. Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for a consideration. Affected People (AP): Individuals affected by Project-related impacts. Affected Household (AH): All members of a household residing under one roof and operating as a single economic unit, who are adversely affected by the Project. It may consist of a single nuclear family or an extended family group. Rehabilitation: Compensatory measures provided under the Policy Framework on involuntary resettlement other than payment of the replacement cost of acquired assets. Relocation: The physical relocation of a AP/AH from her/his pre-Project place of residence. Replacement Cost: The value determined to be fair compensation for land based on its productive potential and location.. The replacement cost of houses and structures (current fair market price of building materials and labour without depreciation or deductions for salvaged building material), and the market value of residential land, crops, trees, and other commodities. Resettlement: All measures taken to mitigate any and all adverse impacts of the Project on AP’s property and/or livelihood, including compensation, relocation (where relevant), and rehabilitation of the damaged/removed infrastructure and installations. Sakrebulo: This is the representative body of local self-government. The middle level of local government consists of 67 rayons (districts) and six cities in Georgia: Tbilisi, Kutaisi, Rustavi, Poti, Batumi and Sukhumi. The representative branch of rayon level is the rayon level Local Councils (Rayon Sakrebulo) and the executive branch is represented by Rayon Gamgeoba (Gamgebeli). The self-government level consists of settlements (self-governed cities) or groups of settlements (municipalities). Settlements could be villages, small towns (minimum 3,000 inhabitants) and cities (minimum 5,000 inhabitants). The representative and executive branches of self-government are represented accordingly by Local Council (Sakrebulo) and the Gamgebeli of municipal level. The exclusive responsibilities of self-government include land-use and territorial planning, zoning, construction permits and supervision, housing, and communal infrastructure development. Severely Affected: Households (including informal settlers) that lose more than 10% of their income generating land as a result of project-related land acquisition. Vulnerable groups—People who by virtue of gender, ethnicity, age, physical or mental disability,Economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) EXECUTIVE SUMMARY Due to several changes to the technical design of the second interchange and overpass alignment, the original RAP of December 2013 (http://www.georoad.ge/old/index.php?que=eng/projects) was amended three times already. This is the fourth amendment of the last RAP update version which was re-disclosed on March 7, 2017. Need of this Addendum: During the RAP implementation process some additional, not envisaged earlier cases emerged requiring resettlement: 1- During the civil works 1 AH, who’s residential land plot with house is not directly affected by the project, claimed that during the civil works the old residential house was seriously damaged and it was not possible to live there anymore. This newly affected HH’s property is located within the forth sub-section: between km 6.00 – km 8.00. During the original RAP preparation process the consultation company measured, calculated and valuated another agricultural land plot which is owned by this HH. So the affected household was already included in original RAP for loss of agricultural land and crops/perennials only. Take into consideration the fact, that according grievance, received on May 05, 2017 AHH is in worse situation as it was before project started, the project resettlement team came to the conclusion, that it is appropriate to prepare an Addendum (which describes the impacts on house and residual and agricultural land plots) to the already approved and updated RAP for Agara Bypass-Gomi Bypass (Zemo Osiauri) road section (dated March 2017). The addendum includes precise description of impacts and inventory of losses related to all Additional Resettlement Components in accordance with eligibility matrix approved with the main RAP. Methodology and criteria of valuation is the same, which was used in main RAP of 7 March 2017. With this Addendum the Agara Bypass -Gomi Bypass (Zemo Osiauri) road section will involve the physical displacement of a combined total of 5 households. 2-During the civil works in the same area, 5 land parcels were impacted by electricity transmitter Substations 4 land parcels are state owned, only one of them is private and needs to be included in the Addendum to the RAP. This newly affected HH’s property is also located within the forth sub-section: between km 6.00 – km 8.00. During the original RAP preparation process the consultation company measured, calculated and valuated agricultural land plot which is owned by this HH. So the affected household was already included in original RAP for loss of agricultural land and crops/perennials. This addendum to the RAP covers additionally 553 m2 from already affected HH. 1. This Addendum to the resettlement action plan (RAP) meets the requirements of the relevant laws of Georgia, the WB Policy OP 4.12 on Involuntary Resettlement and the requirements of Land Acquisition and Resettlement Framework document which was developed for the Third East-West Highway improvement project( last update in April 2015). The Addendum to resettlement action plan has been developed based on the results of: (a) detailed measurement works; (b) the property evaluation / field and documentary study and inventory of affected areas; 2. Total land area to be acquired is 625 sq. m of land from 2 plots. In terms of tenure the affected land plots are distributed in accordance with the following categories: Category 1. 2 private land plots with full registration (625 sq. m); Category 2. 0 private rightfully owned unregistered plots (0 sq. m); Category 3. 0 state owned plots illegally occupied by private users (0 sq. m); Category 4. 0 state owned unused land plots of 0 sq. m. 3. Category 3 land parcels, no compensation is paid for land but only for lost assets and improvements (e.g. Fences, crops, etc.) and resettlement or livelihood restoration as required. 4. Category 4 land parcels are not subject for compensation 6 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 5. Given the limited magnitude of environmental and social impacts (see Table E-1) the project under this RAP Addendum has classified as category “A” by the World Bank. The project location map is shown in Figure 1.1. 6. A summary of the project impact is represented in the following table : 7 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Table E-1. Summary of the project impact No. Impacts Unit RAP of RAP of Planned Subtracted Change Final updated 2013 2014 to be as of January Added 2018 Land Tenure Patterns 1 Total Land No. 519 527 71 33 42 571 parcels affected 2 Total land Area Sqm 1,082,678 1,036,515 32,990 24,010 5,802 1,049,138 to be acquired 3 Category 1. No. 151 203 26 13 7 218 Private sq.m 324,269 334 058 8,363 7,165 5,749 341,630 Registered Plots 4 Category 2. No. 152 113 42 16 -7 139 Private sq.m 186269 132,539 17,348 13,521 53 136,419 (Rightfully owned) Legalizable through NAPR (1 stage legalization) 5 Category 3. State No. 26 21 2 4 - 19 Owned , Used by sq.m 10,602 8,374 795 3,324 - 5,845 Private Users – Non Legalizable 6 Category 4. State No. 190 190 1 - - 194 Owned Not Used by Sqm 561,544 561,544 6,484 - - 568,244 Private Users Land Use and Compensation Categories 7 Type 1; Private No. 113 118 25 3 20 140 agricultural sq.m 214,785 187,455 6060 293 1189 194,411 (remote from the existing section of highway) (3 Gel/sq.m) 8 Type 2; Private No. 176 172 36 12 21 197 agricultural sq.m 246,353 203,534 12,136 2,557 1,445 215,111 (located along the existing section of highway) (4 Gel/sq.m) 9 Type 3; Private No. 3 15 7 14 1 9 agricultural land sq.m 2,787 19,280 7,515 17,836 3,168 12,199 (type 2) used for residentiall needs ( 4.5 Gel sq.m) 10 Type 4; Non- No. 3 4 - 4 8 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Agricultural sq.m 56 9,269 9,269 Commercial (remote from the existing section of highway;) (5 Gel/sq.m) 11 Type 5 Non- No. 8 7 7 Agricultural Commercial (The same as type 4) Private non- sq.m 46,551 47,059 47,059 agricultural land used for commercial needs Land owned by business entities and subject for 18% VAT payments. 5.9 Gel/sq.m 12 Type 6. State No. 26 21 2 4 19 Owned , Used by sq.m 10,602 8,374 795 3,324 5,845 Private Users – Non Legalizable 13 Type 7. Non- No. 190 190 1 195 agricultural State Sqm 561,544 561 544 6,484 568,244 Owned (not used by private users); not compensable Agricultural Patterns 14 Area under sq.m 248,174 190,595.5 4198 731 1,404 195,466.50 wheat cultivation 15 Other cereal sq.m - 18, 585 105 -619 17,861 crops 16 Area under maize sq.m 24,499 47,192.50 1656,5 2295 426 46,980 cultivation 17 Area under sq.m 59,221 4,258 1749,6 60 +836,4 6,784 vegetables cultivation 18 Area under beans sq.m 16,027 7,938 2220,6 93 +1768,4 11,834 19 Area under sq.m 80,264 83,017 0 2950 -7230 72,837 hay/grass 20 Area under sq.m 30,799 3,378 3,378 alfalfa 21 Affected Trees No. 1264 2 861 1338 966 309 3542 Affected Structures 22 Compelx No. 1 1 1 buildings on Gas Filling Stations 23 Complex of No. 1 1 1 buildings: hotel/shop/cafe 9 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 24 Residential No. 3 13 4 13 2 7 House 25 Ancillary No. - 10 15 9 4 20 Buildings 26 Minor Ancillary No. - 31 26 14 5 45 Structures 27 Relocation of No. 20 20 20 reservoirs 28 Relocation of No. 1 1 Construction materials processing facilities Affected Businesses 29 Gas Filling No. 1 1 1 Station (operation income) 30 Hotel/café/shop No. 1 1 1 31 Company renting No. - 1 1 facilities 32 Company No. - 1 1 producing construction materials (washing sand) Affected Households 33 Severely affected No. 224 238 32 28 243 Households 34 Vulnerable No. 42 24 5 9 20 Households 35 Resettled No. 2 13 3 13 5 households 36 AH losing Jobs No. 14 14 14 37 Total AH No. 270 286 16 32 272 38 Total Affected No. 1107 1175 109 129 1162 Persons 7. The RAP Addendum impact extends to 7 persons (3 male and 4 females). Further, no affected HH is considered vulnerable or headed by a woman. Out of 2 AH one (4 APs) will be resettled and they also lose residential land plot. Special attention will be given to the resettlement impact on women and other vulnerable groups during monitoring and evaluation of the RAP. 8. The legal and Resettlement policy framework for the Third East-West Highway Improvement project (last update in April 2015) was adopted for the project. 9. Resettlement measures have been adopted to assist the APs and/or households for their lost land and assets, income and livelihood resources. Expropriation of land through eminent domain will not be applied unless approach for acquisition through negotiated settlement fails. Compensation eligibility for RAP Addendum is limited by a cut-off date as set for this project on the day of the AP Census finalization which is 15 October 2017. 10 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 10. APs entitled for compensation or at least rehabilitation assistance under the Project are (i) all persons with registered or rightfully owned unregistered plots losing land (ii) tenants and sharecroppers irrespective of formal registration, (iii) owners of buildings, crops, plants or other objects attached to the land; (iv) persons losing business, income, and salaries. However, the census and socioeconomic survey did not identify any impacts on tenants, sharecroppers, businesses income or salaries. A summary entitlements matrix is included in table below: 11. Ministry of Regional Development and Infrastructure (MRDI) is the executing agency (EA) of the Project on behalf of the Government of Georgia and the Roads Department of the MRDI (RDMRDI) is the implementing agency (IA). The World Bank (WB) will be financing the Project for civil works construction and construction supervision. RDMRDI is responsible for road construction as well as land acquisition and resettlement of the APs due to land acquisition and project construction. RDMRDI is assisted by a number of other government departments and private agencies in the design, construction and operation of the Project. The National Agency of Public Registry recognizes and further registers the right on the property of the legal land owners under the effective legislation. The local government at Rayon and village levels are involved in the legalization of legalizable land parcels and subsequently land acquisition and resettlement of APs. The Ministry of Environmental Protection is responsible for environmental issues. 12. A grievance mechanism managed by MRDI will be available to allow APs appealing any disagreeable decision, practice or activity arising from land or other assets compensation. APs will be fully informed of their rights and of the procedures for addressing complaints. 13. All activities related to the land acquisition and resettlement have been scheduled to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redress will be undertaken on ongoing basis throughout the project duration. 14. Land acquisition and resettlement tasks under the project will be subject to monitoring. Monitoring will be the responsibility of RDMRDI. Internal monitoring will be carried out routinely by RDMRDI. The results will be communicated to the WB through the quarterly project implementation reports. External monitoring to be conducted by Social Safeguards Consultant will be carried out on a regular basis, and its results will be communicated to RDMRDI and WB through quarterly reports. Agara Bypass-Gomi Bypass (Zemo Osiauri) road project RAP cumulative total budget amounts 7,929,341.74 GEL (2,893,689 USD) The aggregate budget of this resettlement action plan addendum amounts to 45,428.84 GEL (17608.1USD). 11 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 1 INTRODUCTION 1. The process of development of this addendum to resettlement action plan provided for intensive consultations with all stakeholders conducted during the period from May until December 2017 in the Agarebi village. 2. Before disbursement of the compensation funds to the APs as per the addendum to Resettlement Action plan, it is necessary to recognize the legalized property rights and to complete the registration process as well as to ensure that all APs have signed the sale and purchase agreements, thus giving evidence that they agree with the amount of the compensation. If the AP does not sign a contract, the case will be referred to the competent court for expropriation proceedings, which will be implemented after the deposit of the compensation funds in special accounts. Special accounts will be opened also for those APs who are not in place and cannot be found out. If RD could not find those AP’s a special announcement will be published in local newspaper and exposed in the Gamgeoba (local municipality) office. By this announcement the AP’s will be given 3 months period for response (assuming that they can be outside of Georgia). 3. The permit on commencement of the activity (implementation of works) by the construction contractor in a specific plot or section of the road, will be issued only after the compensation for that land or road section has been paid and the entitlements in this RAP, including resettlement assistance have been implemented to those affected in that specific plot or road section. 4. After being approved by the World Bank and the Government of Georgia the sole responsibility for its implementation shall be borne by the Roads Department. This RAP can be updated from time to time, as needed, only in agreement between the WB and the Roads Department. 2 CENSUS AND IMPACT ASSESSMENT 2.1 Introduction 5. The impact assessment reflects the land, buildings, plants and other property losses for Agara-Gomi (Zemo Osiauri) road project. All losses and damages were recorded and assessed in the alienation strip specified by the project engineering design consultant. 6. Digital cadastral maps were collected through the National Agency of Public Registry. The road outline design was applied on the digital cadastral maps and the detailed land surveys have been made using DGPS on the site, aimed at identifying the affected land, specifying their cadastral data. December 15, 2016, the date of commencement of the detailed surveying works and census of affected persons is considered to be the date of termination of the right to receive compensation. This Census covered an area of 625 sq. m (2 parcel) along the proposed corridor and finalized on 15 October, 2017. 2.2 Impact on Land, Other Assets and Income General Classification of affected land 7. Total land area to be acquired is 625 sq. m. of land from 2 plots. In terms of tenure the affected land plots are distributed in accordance with the following categories: Category 1. 2 private land plots with full registration (625 sq. m); Category 2. 0 private rightfully owned unregistered plots (0 sq. m); Category 3. 0 state owned plots illegally occupied by private users (0 sq. m); Category 4. 0 state owned unused land plots of 0 sq. m. 12 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 8. The land costs and compensation categories within the project area are determined by the land use factor. Figures on Land impacts are provided in accordance to the land classification and legal categories that are relevant to determine compensation rates and amounts due to their use modalities. The affected land has been classified by the following main types: Type 1. Agriculture Private land (1 land plot 553 sq.m.) Type 2. Private Non-agricultural residential land (1 land plot, 72 sq. m) Type 3. Private non-agricultural commercial land Type 4. State owned agricultural land illegally used by private users Type 5. State owned land illegally used by private users as residential Type 6. State owned land illegally used by private users as commercial Type 7. State owned land unused 9. The aggregated figures for the land parcels of different categories are given below in Table 2.1. and Table 2.2. Table 2.1: Type of Land Ownership Compensable Land 1 Category 1. Private registered plots (Legalized) No 2 Sq. m 625 AH 2 2 Category 2. Private rightfully owned unregistered No 0 plots (Legalizable) Sq. m - AH - Sub-total compensable land No 2 Sq. m 625 Non- Compensable Land 3 Category 3. State Owned Illegally Occupied by Private No 0 Users (Non Legalizable) Sq. m 0 AH 0 4 Category 4. State Owned Not Used by Private Users No 0 Sq. m 0 AH 0 Sub-total non-compensable land No 0 Sq. m 0 Total No 2 Sq. m 625 13 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Table 2.2: Type of Land Use # Impact Unit Compensable Land 1 Type 1. Private agricultural Private agricultural land (legalized or legalizable) used No 1 land for annual crops and fruit tree gardens 553 Sq. m AH 1 2 Type 2. Private non- Private land (legalized or legalizable) used for No 1 agricultural residential land residential purposes Sq. m 72 AH 1 3 Type 3. Private non- Private land (legalized or legalizable) used for No 0 agricultural commercial land commercial purposes Sq. m - AH - Sub-Total Compensable No 2 Sq. m 625 4 Type 4. State owned State owned illegally occupied by private users for No 0 agricultural land illegally used agricultural purposes Sq. m - by private users AH - 5 Type 5. State owned land State owned illegally occupied by private users for No 0 illegally used by private users residential purposes Sq. m as residential AH -- 6 Type 6. State owned land State owned illegally occupied by private users for No - illegally used by private users commercial purposes Sq. m - as commercial AH 0 7 Type 7. State owned land State owned land not used by anyone No 0 unused Sq. m - AH 0 Sub-total non-compensable No - land Sq. m - Total No 2 Sq. m 625 2.2.1 Impact on Crops 14 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 10. Under this Addendum 2 of RAP is no impact on crops. 2.2.2 Impact on Trees 11. This RAP Addendum does not affect fruitful perennials. 2.2.3 Impact on Buildings/Structures 2.2.3.1 Type of AffectedStructures 12. The project affects one types of building, which is one residential house. Fig. 2 Project affected house 13. In process of preparation of this Addendum to the Resettlement Action Plan all affected buildings were thoroughly surveyed and described. The detailed data about the buildings are shown in the Special Technical Annex. The following table shows the quantities of buildings/structures of different type: Table 2.4: Impact on Buildings/Structures Type of building/structure Q-ty Residential houses 1 Auxiliary civil structures 0 Production/commercial facilities 0 Fence 0 Total 1 2.2.4 Relocation Needs and Strategy 14. Agara Bypass-Gomi Bypass (Zemo Osiauri) road project requires relocation additionally of 1 household. Impacts will be compensated in cash at full replacement costs free of depreciation and transaction costs. Additionally, affected families will receive allowance covering transport expenses and a livelihood 15 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) expenses for the transitional period for 3 months. 2.2.5 Business Impacts 15. According the RAP Addendum project does not affect individual Businesses (land, fence, non- operating/operating facilities, etc.) Therefore, no impact on the profit of businesses and their employees’ wages is expected. 2.3 APs and Communities 16. According the RAP Addendum project affects 2 households with 7 members, however, only 1 household is physically displaced and 1 household will lose more than 10% of agricultural land. The project will not impact any community infrastructure or historical-cultural monuments. 2.2.6 Impact on Employment and Agricultural Tenants 17. According the RAP Addendum road construction will not affect any employees or agricultural tenants. 2.2.7 Impact on Common Property Resources 18. According the RAP Addendum road construction will not affect any community or public property. 2.2.8 Severely Affected and Vulnerable Households RAP Addendum affects 1 household as more tham 10% of land parcel will be affected. 2.3 Vulnerable households were identified by the following criteria: female headed household, the elderly (pension aged) person headed household, household with disabled person and household below the poverty line (registered by the social service agency). In the frames of the project a vulnerable household is the one which meets at least one of the above criteria. 2.4 Gender and Resettlement Impacts 19. The Addendum 2 to the resettlement action plan o f Agara Bypass-Gomi Bypass (Zemo Osiauri) road affects 4 women. During the field study carried out in the process of preparation of this resettlement plan, the special focus was made to the study of gender issues through a random socioeconomic survey. The project will have a positive impact on gender, and civil works contracts will include provisions to encourage employment of women during implementation. Additionally, women headed households have been considered as vulnerable and special assistance was provided in the original RAP entitlements. No Female h ead ed Household s is affected by th is Add endum . 3 SOCIOECONOMIC INFORMATION This Chapter is described in the original RAP, prepared and approved for Agara Bypass-Gomi Bypass (Zemo Osiauri) road. 4 LEGAL AND POLICY FRAMEWORK This Chapter is described in the original RAP, prepared and approved for Agara Bypass-Gomi Bypass (Zemo Osiauri) road section. 5 COMPENSATION ELIGIBILITY AND ENTITLEMENTS This Chapter is described in the original RAP, prepared and approved for Agara Bypass-Gomi Bypass (Zemo Osiauri) road section. 16 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 6 INSTITUTIONAL ARRANGEMENTS This Chapter is described in the original RAP, prepared and approved for Agara Bypass-Gomi Bypass (Zemo Osiauri) section. 7 PUBLIC CONSULTATION, PARTICIPATION AND DOCUMENTS DISCLOSURE 20. Concerned officials of center, district/Sakrebulo, municipalities and villages/Sakrebulo have been informed about the Project, and their assistance was solicited to conduct the inventory of affected assets and the Census of APs and the DMS. Also, prior to the finalization of the Addendum to the RAP and its submission to Project authorities, the APs will be thoroughly informed on the results of the Census and DMS, and their preferences on compensation or other resettlement assistance will be given due consideration. The processes and mechanisms ensuring the active involvement of APs and other stakeholders was detailed (see appendix 2 with date, list of participants, and minutes of consultation meetings). 21. Addendum of this RAP in Georgian and English will be disclosed on the RDMRDI website and at RDMRDI head office. The addendum of this RAP in Georgian will also be disclosed at the Khashuri municipality office and at local governments’ offices. The English version will be disclosed on the WB website prior of starting of the implementation. A pamphlet in Georgian, summarizing compensation eligibility and entitlement provisions, will be sent to all AP/AHs before the initiation of the compensation/rehabilitation process and before signing contract awards. The consultation process will be continued throughout the civil works and the road operational period. 22. In the process of preparation of RAP Addendum, public consultations with the AH were held, during the period May-December 2017 at which issues related to the Agara Bypass-Gomi Bypass (Zemo Osiauri) road project were addressed. 23. A total of 5 persons took part in the public consultations. 24. At the meetings, the public representatives were informed about the main features of the engineering design of the project, the basic principles of land acquisition and resettlement according to the project framework; they also received answers to their questions. 25. A t t h e meeting held in Khashuri Municipality, village Agarebi the articipants were informed about the commencement date (15 October 2017) of field survey (field measurements, inventory results and socio- economic survey). In total 5 APs participated in the meetings. APs have been individually informed about the date of field survey on their land plots by the representatives of Sakrebulo level local authorities. 26. Consultations with APs have been also conducted individually during the field survey works on their land plots. 8 COMPLAINTS AND GRIEVANCES A grievance mechanism procedure and resolution process is described in original RAP. During the civil works 1 AH, which residential land plot with house is not directly affected by the project, claimed that during the civil works the old residential house was seriously damaged and it was not possible to live there anymore. This newly affected HH’s property is located within the forth sub-section: between km 6.00 – km 8.00. During the original RAP preparation process the consultation company measured, calculated and valuated another agricultural land plot which is owned by this HH. So, the affected household was already included in original RAP for loss of agricultural land and crops/perennials only. Take into consideration the fact, that according grievance, received on May 05, 2017 AHH is in worse situation as it was before project started, the project resettlement team came to the conclusion, that it is appropriate to prepare an Addendum (which describes the impacts on house and residual and agricultural land plots) to the already approved and updated RAP for Agara-Gomi (Zemo Osiauri Section) road section (dated March 2017). So, this complaint will be redressed; mitigation and compensation measures are incorporated in RAP Addendum 2 17 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 9 IMPLEMENTATION SCHEDULE 27. The time schedule for the implementation of this RAP Addendum has been prepared by the Ministry of Regional Development and Infrastructure Ministry in consultation with the Roads Department. All activities related to the RAP implementation have been planned so as to ensure payment of compensation before the relocation and beginning of construction operations. 28. The legal status of the project affected land was determined as a result of the activity related to the acquisition and resettlement study and through searching the ownership certificates. In frames of this research the land owners having the documents certifying the title of the land to be purchased, and those without such documents, but subject legalization was identified. 29. This RAP Addendum is final Draft. The tasks of land acquisition and resettlement plan are divided as follows:  Final preparation, that includes the approval of the plan, different initial tasks, such as legalization of the affected landowners subject to legalization and signing agreements with them;  The plan implementation, that includes the finalization of the agreements, claiming corresponding compensation and payment of allowances and compensations;  Implementation assessment. Public consultations, internal monitoring and grievance will be conducted periodically during the project. 30. At the same time, the main stages of the RAP implementation are:  approval of land acquisition and resettlement plan;  signing agreements;  notification on the consent of the beginning of construction operations;  start of construction operations. 31. Further evaluation of the project implementation will be carried out on completion of the activity provided by this plan. 32. The Resettlement Administration of the RDMRD will establish appropriate institutions, the Land Acquisition and Resettlement Commission, the working group/LAR team, the grievance commission, other necessary units. 33. The implementation timetable is given in the following table. Table 9.1: Implementation Timetable Months Events 1 2 1 2 3 4 5 6 7 8 Completion of RAP preparation Public consultations/ong oing engagement’s 18 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) RAP review and approval RAP disclosure RAP budget allocation Land legalization Assets acquisition Transfer to the accounts of PAPs Depositing in special cases Grievance Legal proceeding in court Relocation of PAPs Internal monitoring External monitoring Start of construction operations 10 COSTS AND BUDGET 10.1 Introduction 34. The tentative costs of the Resettlement Action Plan implementation are the total of the due compensation and benefits costs, the administrative costs and contingencies. The implementation administrative expenses include the administrative expenses related to the implementation of the Resettlement Action Plan. The contingencies (10% of total value) are also included in the budget to take account of changes in the costs in the negotiation phase. 35. In case of the excessive estimate of costs, the Roads Department shall timely ensure the attraction of extra funds. The Roads Department in coordination with the Ministry of Finance will be responsible for taking into account of the resettlement plan costs when drawing up the annual budget in advance. 36. Below are given the estimates related to the expenses of the different types of resettlement plan by both the entitlement and compensation rates. 37. The methodological principles for determining compensation rates are the same as it was in the main RAP. 10.2 Budget 10.2.1 Land Compensation 38. The amount of compensation for the land was established in consideration of location of the affected areas (the Khashuri and Kareli Municipalities, the designed road route). The land is divided into three types: agricultural (non-irrigated arable), household plots and industrial/commercial land. The following table shows the amount of land compensation. 19 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Table 10.1: Land compensation Type of land Compensated Compensation Compensation area rate (GEL) (sq. m) (GEL/sq. m) Agricultural 553 4.0 2,212 Household plot 72 4.5 324 Industrial/commercial 0 N/A 2,536 Total land compensation 2,536 10.2.2 Buildings and Structures Compensation 39. The compensation for buildings and structures is calculated on the basis of current value of the materials, construction operations and other costs required for construction of similar buildings less the depreciation. The buildings are evaluated individually and the amount of their compensation rate is given in the technical appendix. The following table shows the aggregate amount of compensation for buildings and structures. Table 10.2: Compensation for buildings/structures Type Quantity Compensatio n (GEL) Residential houses 1 40818.64 Auxiliary household facilities 0 - Industrial/commercial structures 0 - Fences 0 - Total buildings and structures compensation 40818.64 10.2.3 Perennial plants compensation During inventory works impact on fruit-bearing perennials was not identified and compensation not calculated. 10.2.4 Business interruption compensation 40. No business interruption takes place in frames of this project. Consequently, no compensation for the lost profit of businesses and loss of salaries of persons employed thereof is not provided by this resettlement plan. 10.2.5 Crops compensation 10.2.6 During inventory works impact on Crops was not identified and compensation not calculated. 20 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 10.2.7 Allowances 41. The Addendum to the resettlement action plan stipulates issuance of the following allowances: - Severe impact (3-month minimum subsistence income for a family of 5 members) - Relocation/replacement (3-month minimum subsistence income for a family of 5 members) - Vulnerability (3-month minimum subsistence income for a family of 5 members) According to official data, the living wage for a family of 5 members for this resettlement plan was considered at 345.7 GEL (December 2017, http://www.geostat.ge/?action=page&p_id=178&lang=geo;), therefore, 345.7.1 X 3 months equals 1037.1 GEL. The allowance for the severe impact - 345.7 X 3 months equals 1037.1 GEL 42. The following tables present the allowance amounts: Table 10.5: Amounts of allowances Severely Compensation Compensation affected rate (GEL) area (sq. (GEL/sq. m) Severe impact 1 1037.1 1037.1 m) Number Compensation Compensation of rate (GEL) families (GEL/sq. m) Relocation/replacement 1 1037.1 1037.1 Vulnerability 0 1037.1 0 Sub Total 2 2074.2 Total allowances 2074.2 10.2.8 Administrative costs 10.3 The original RAP budget already provided a certain amount for external monitoring and minor administrative expenses. Aggregated budget 10.4 The aggregate budget of this resettlement action plan addendum 2 amounts to 45428.84 GEL (17608.1USD) 43. GEL and is presented in the following table: N Budgetary item Amount (GEL) Amount (USD) Compensations 1 Land compensation 2 536 2 Buildings and structures compensation 40 818.64 3 Fruit-trees compensation 0 4 Crops compensation 0 Total compensations 43 354.64 21 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Allowances 5 Severe impact allowance 1037.1 6 Replacement/relocation allowance 1037.1 7 Vulnerable allowance 0 Total allowances 2074.2 Total resettlement plan costs 45428.84 Administrative costs 9 External monitoring agency 0 10 Minor administrative costs 0 11 Legalization and Registration fees 0 Total administrative costs 0.00 Total costs Gross total 45428.84 17608.1 All funds provided for by the Resettlement Plan, which are needed for compensation and allowances, will be allocated by the Government of Georgia. The Roads Department of the Ministry of Regional Development and Infrastructure of Georgia provides the distribution of funds allocated for the implementation of the resettlement plan. Entitlement Matrix for the two Households additionally affected by the project: AH Impact Solution AH #1 Physical displacement;  AH will be provided with cash Loss less than 10% of residential compensation at full land. replacement cost of land and house. The AH will build house in the same land parcel.  The owner will continue to harvest on his part of residential land parcel.  There are no school children in the family.  The family will have easy access to healthcare center; the internal roads as well as main road are in the good condition.  AH is not considered as being vulnerable and will not be providedwith additional compensation.  Additionally affected family will receive allowance covering relocation expenses. 22 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) AH#2 Impact on the agricultural land;  AH will be provided with cash Loss more than 10% of agricultural compensation at full land, which is used for agricultural replacement cost of land. The purposes; AH try to find acceptable land . parcel in the nearby area.  AH is not considered as being vulnerable and will not be provided with additional compensation.  The AH will be provided with compensationa as severly affected household 23 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) 11 MONITORING AND EVALUATION This Chapter is described in the original RAP, prepared and approved for Agara-Gomi (Zemo Osiauri ) road 24 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Appendix 1 Public Consultations The Photos of the Meetings 25 The Preparation of Detail Design and Bidding Documents for Upgrading of the E-60 Highway (– Section Between Agara Bypass – Gomi Bypass (km 114 – km 126) Protocol №1 of the public consultation and the discussion with the focus group Name of the project: Agara Gomi (Zemo Osiauri ) Number of participants: 5 Village: Agarebi District: Khashuri Region: Kartly Distance from Tbilisi: 85 km. Dates: 5 October 2017. 15. December 2017. The discussion topics The participants’ opinions, remarks and proposals What kind of procedures have to be done to In case of your consent, after RD internal commission receive the compensations and purchase decision, you have to prepare cadastral drawings for dividing the residential land. As soon as agreement on amount, after decision about acquisition of our compensation and purchase will be signed and amount will house? be transferred during 10-14 working days. Do we receive an amount for relocation of our Yes, it will be provided property/belongings? How much time do we have to find new The certain term is not selected, approximately 3 month or houses? other reasonable term to find the appropriate house. Can I use the residual land? Yes, you can use your land parcel for agricultural/residential purpose. 26