KYRGYZ REPUBLIC COMMUNITY DEVELOPMENT AND INVESTMENT AGENCY Resettlement Policy Framework (RPF) CASA1000 Community Support Project and CASA1000 Community Support Project (COVID Response) Additional Financing 1 TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................................................5 I. DESCRIPTION OF PROJECT AND COMPONENTS THAT MAY TRIGGER POLICY ............................................................................6 1. Project Objective and Beneficiaries .............................................................................................................................................6 2. Project Components ....................................................................................................................................................................6 II. PRINCIPLES AND OBJECTIVES GOVERNING THE PREPARATION AND IMPLEMENTATION ..........................................11 III. RAP PREPARATION AND APPROVAL PROCESS ......................................................................................................................13 1. Census, Socio-Economic Surveys, Inventory of Losses ..............................................................................................................13 2. Preparation of RAP ....................................................................................................................................................................13 3. Disclosure and approval.............................................................................................................................................................14 4. Identification of Affected Persons and Presumable Categories ................................................................................................14 5. Method for Determining Cut-off Date .......................................................................................................................................15 IV. ELIGIBILITY CRITERIA AND PROCEDURES FOR VARIOUS CATEGORIES OF PROJECT AFFECTED PEOPLE ..................................16 1. Eligibility Criteria ...................................................................................................................................................................16 2. Identification of PAP and Analysis of Project Affected Assets ..............................................................................................16 3. Cut-off date determination method .....................................................................................................................................16 V. MATRIX OF ELIGIBILITY FOR COMPENSATIONS ......................................................................................................................17 VI. LEGAL FRAMEWORK REVIEWING FIT BETWEEN BORROWER LAWS AND BANK POLICY REQUIREMENTS ..............................20 1. The legal framework of the Kyrgyz Republic .............................................................................................................................20 2. The World Bank Involuntary Resettlement Policy .....................................................................................................................23 3. Measures proposed to fill any gaps ...........................................................................................................................................23 4. Comparison of the OP 4.12 Requirements with the Kyrgyz Resettlement Requirements ........................................................23 VII. METHODS FOR VALUING THE ASSETS ..................................................................................................................................28 1. Methods of Valuation of the Project Affected Assets ...............................................................................................................28 2. Methods of Asset Valuation ......................................................................................................................................................28 3. Compensation for Various Assets ..............................................................................................................................................29 VIII. INSTITUTIONAL ARRANGEMENTS .......................................................................................................................................31 1. Roles and responsibilities ..........................................................................................................................................................31 2. RPF and RAP implementation arrangements ............................................................................................................................31 3. Resettlement Action Schedule...................................................................................................................................................32 IX. GRIEVANCE REDRESS MECHANISM & BENEFICIARY FEEDBACK MECHANISM .......................................................................34 XI. MECHANISMS FOR CONSULTATIONS WITH AND PARTICIPATION OF IMPACTED PERSONS IN PLANNING, IMPLEMENTATION AND MONITORING ....................................................................................................................................................................39 1. Arrangements for consultations with PAPs ...............................................................................................................................39 2. Monitoring and Evaluation Arrangements ................................................................................................................................39 3. Summary of consultation on draft RPF ......................................................................................................................................40 ANNEX 1: FORM OF SCREENING REPORT OF THE EXPECTED SOCIAL IMPACTS ...........................................................................43 ANNEX 2: PAP CENSUS FORM AND INVENTORY OF THE LAND FUND .........................................................................................45 ANNEX 3: INVENTORY OF LAND FUND OF PAPs ........................................................................................................................46 ANNEX 4: PAP RIGHTS TO OBTAIN COMPENSATION ..................................................................................................................47 ANNEX 5: VOLUNTARY LAND DONATION ..................................................................................................................................48 ANNEX 6: INDICATIVE CONTENT OF THE RESETTLEMENT ACTION PLAN AND ABBREVIATED RAP ..............................................50 2 ABBREVIATIONS AA – Aiyl Aimak Ð?О – Aiyl Okmotu ARIS – Community Development and Investment Agency CSP – Community Support Project DDE – Detailed Design and Estimates GRM – Grievance Redress Mechanism LSGB – Local Self-Government Body PAP – Project Affected Person RAP – Resettlement Action Plan RPF – Resettlement Policy Framework WB World Bank NGO Nongovernment Organization GLOSSARY Assistance in Measures to assist PAPs in case of physical resettlement, loss of access to collective resettlement property and natural resources, loss of livelihoods, restricted access to use of land, negative impact on assets or incomes etc., The assistance may be provided in the form of resettlement benefits, construction of housing or payment of rent, depending on the possibility and, if necessary, in order to facilitate the process of resettlement. After resettlement PAPs may receive assistance during a limited transition period, the duration of which is estimated based on a justified assessment of time needed to restore livelihoods and living standards, in addition to compensation. Census Census of the project affected persons shows the demographic indicators and assets; Identifies the number of PAPs, the nature and level of impact. Census will provide a detailed list of persons and assets affected. Cut-off date The starting date of the census that serves as the eligible cut-off (closing) date to prevent any subsequent population inflow to the respective area. The cut-off data is date after which people shall not be eligible for compensation. Compensation In-cash or in-kind compensation of the replacement cost of assets that should be purchased and/or affected by the Project. Cash payment or in-kind contribution for the replacement cost of assets, recovery of livelihoods, assistance for development, (for example, preparation of soil, providing with access to credit and training programs, employment, which is to be covered from the Project budget.) Economic assistance in Assistance in addition to compensation: land preparation, trainings, employment for rehabilitation PAPs, capacity building to generate income and increase production, or at least provide PAPs with the pre-project levels. Involuntary Involuntary acquisition of land, impact on asset(s), loss of income, or restricted access Resettlement to natural resources, which as a result has a direct or indirect economic or social impact: a) loss of benefits of using such land plots; 3 b) relocation due to loss of housing or land; c) loss of assets or loss of access to assets, regardless of whether PAP must be resettled or not; d) loss of income, or negative impact on sources of income or livelihoods, regardless of whether PAP must be resettled or not. Replacement cost The replacement cost of the buildings and structures shall be equivalent to market prices1 of the materials that would be required for the construction of compensatory building/structure similar to or better than the pre-project level in terms of location and quality, including the cost of transportation of the construction materials to the site and labor cost of contractors, as well as the registration fee and fee for re-registration of title of ownership. The depreciation and the cost of usable materials deducted from the value of assets being affected are not counted as the benefits to be received from the Project. In cases where the national legislation is not in conformity with the standards of compensation of the full replacement cost, it shall be supplemented by measures required as per World Bank Involuntary Resettlement Policy (OP4.12), to ensure the conformity with the standards of the replacement cost. Resettlement Action Plan The Resettlement Action Plan2 is prepared after the specific types of impacts caused by (RAP) the project are determined, usually when the location and detailed designs are finalized. In case it is determined the OP4.12 has to be triggered, the RAP outlines the specific and legally binding requirements related to the acquisition of land, resettlement, impact on assets, negative impact on sources of income, or restricted access to natural resources. The RAP will be prepared based on the RPF and is subject to the World Bank no- objection. The RAP shall in such a way that all person(s) affected are fully compensated prior to being negatively affected by the project activities. 1 If market cost is lower than replacement cost then additional compensation will be provided in order that all assets are compensated at cost of replacement value. 2 The contents of a Resettlement Action Plan are spelled out in Annex 5. 4 EXECUTIVE SUMMARY The CASA 1000 Community Support Project (CSP) focuses on the enhancement of the services, livelihoods and inclusion of the people living in 78 villages within the Corridor of Impact near the CASA1000 Transmission Line in Jalalabad, Osh and Batken oblasts of Kyrgyzstan. It was approved by the Bank in 2018, in the amount of US$ 10 million. The Additional Financing (AF) proposed at the request of the Government of the Kyrgyz Republic (US$ 21mln) finances scaling up of activities of the parent project to support all Aiyl Okmotus (AOs) in these oblasts in the reestablishment of livelihoods affected by COVID-19, and create improved access to primary health care facilities. Accordingly, financing and scope of several sub-components have been modified and include: (i) financing for the development of livelihood facilities envisioned under subcomponent 1C; (ii) support for improved access to health and safety of the people, and any social infrastructure that supports livelihood development under subcomponent 1B; (iii) the necessary technical assistance, capacity building and project management to implement these components. The description of project activities under these subcomponents of the parent project that follows has been updated accordingly to reflect the change in the project scope and focus. The design of the livelihood support systems (LLS) is new in the AF and unlike in the parent project, financing will no longer be provided from a parallel trust fund. The modified design and financing modality are aimed to provide: 1) rapid support in the aftermath of COVID-19; 2) micro-grants for disadvantaged community members to restart livelihoods; and 3) continuous support system for microentrepreneurs. The design process will include the review of potential social impacts and risks and identification of adequate mitigation measures to address any negative impacts. OP 4.12 (Involuntary Resettlement) is triggered for the AF as for the parent project to ensure social diligence related land acquisition and/or resettlement impacts . There will be no physical displacement envisaged under the project. Although the construction will be carried out within the footprint of existing infrastructure or on available lands that are publicly owned, land may be required for new low-voltage lines in settlements where no electricity transmission lines currently exist, as well as for expansion of water supply systems, placing mini-shops for fruit processing, dairy products, placement of paramedic posts, schools, hospitals, etc that may be selected by beneficiary communities. This is the updated Resettlement Policy Framework (RPF) developed for the parent project which has been amended to guide the preparation of the site- specific RAPs and abbreviated RAPs during implementation as necessary. The Resettlement Policy Framework was disclosed in-country in the period between 13 and 25 of July 2020 using the adaptive method due to the coronavirus spreading, and by the World Bank on [date]. The implementing agency will maintain the process and documentation requirements for social risk mitigation as per the RPF and Project Operational Manual. Safeguards Capacity building requirements are included in the project management and will also be included in community, local agency (AO and IA) capacity building events. 5 I. DESCRIPTION OF PROJECT AND COMPONENTS THAT MAY TRIGGER POLICY 1. Project Objective and Beneficiaries The PDO is to engage communities in the development of social and economic infrastructure in order to enhance services, livelihoods and inclusion in villages near the CASA1000 transmission line. The proposed project will benefit targeted communities living along the 450 km CASA-1000 transmission line in the Kyrgyz Republic, traversing three oblasts (Jalal-Abad, Osh and Batken) and 22 (inhabited) Aiyl AImaks (AAs). The “Corridor of Impact (COI)â€? is defined as a 3 km-wide corridor centered on the final route of the transmission line. It is currently estimated that there are about 37 villages with a combined population of 87,500 within the corridor of impact. Within the 22 AAs there are an estimated 132 villages with a total population of about 330,000. The transmission line is expected to directly cross approximately 10 villages.3 The target areas of the CSP project support are thus defined as follows: i. Communities in the vicinity of the transmission line: This refers to all those living in the estimated 10 villages through which the transmission line will pass ii. Communities in the Corridor of Impact: This refers to all those living in the estimated 37 ‘corridor villages’ that will lie within 1.5 km of the transmission line (including those “in the vicinityâ€? of the line) iii. Communities in Aiyl Aimaks traversed by the transmission line: This refers to all those living in the estimated 132 villages in approximately 22 AAs containing one or more of the corridor villages. The Additional Financing (AF) will scale up the CSP activities to support vulnerable communities in all Aiyl Aimaks in three southern oblasts in reestablishment of livelihoods affected by COVID19, and create improved access to primary health care facilities. 2. Project Components The project includes 4components: village investment grants, community mobilization and capacity building, project management and coordination, and contingent emergency response. The project consists of three components. Each of the components has its own specific goals and objectives. Together, the components are aimed at achieving the overall goal of the project - increasing local capacity to jointly plan the development process and improve access to reliable infrastructure in the target communities. The project includes the following components: Component 1: Support for community-led investments in social and economic infrastructure Subcomponent 1A: Support for electricity improvements within target villages Subcomponent 1B: Support for social infrastructure and services in target villages Subcomponent 1C: Support for livelihood facilities in selected AAs Component 2: Support for community mobilization, youth engagement and communications Subcomponent 2A: Support for community mobilization and capacity building Subcomponent 2B: Support for youth engagement, awareness building and social accountability Subcomponent 2C: Communications Component 3: Project management, and monitoring and evaluation Component 4: Contingent Emergency Response Component 3It is understood that the Engineering Procurement and Construction (EPC) contractor may make final adjustments to the final alignment of the CASA1000 transmission line (within a 2km construction corridor) when optimizing the design.This may affect, to some degree (10 percent of the corridor may vary), the numbers shown above which are based on the alignment considered most likely at approval. 6 Component 1: Support for community-led investments in social and economic infrastructure This Component will contribute to the infrastructure aspects of the PDO. Through improved infrastructure, communities will have access to improved social and economic infrastructure for poverty reduction, enhanced livelihoods and youth development. Subcomponent 1A: Support for electricity improvements within target villages Launched in Year 1, this subcomponent will provide sub-grants to communities for: (i) village level electricity improvements, or (ii) alternative energy sources (as determined by communities).The procedures for implementation of sub-grants under Component 1A will follow a participatory process (planning, decision-making, management and monitoring) similar to that being developed for Component 1B, but will be limited to community prioritization within an agreed menu of electricity/energy related options. The CSP sub-grants to communities will be allocated with a view to improving service provision towards an agreed standard. Based on the Village Electricity Study carried out during preparation, a ceiling will be set at US$ 100,000 for the initial year of investment, but some villages are expected to require investments of less than US$ 50,000. Communities will also be eligible to utilize one or both of their sub-grants under Component 1B for electricity improvements if that is their priority. The menu of options to improve village electricity and related services is likely to include {depending on technically viability}: (i) Improved supply to existing settlements – replacement or upgrade of transformers, poles, lines and other elements of the distribution network; (ii) Connecting new settlements – extension of the village distribution network to new settlements4 within villages;5 (iii) Street lighting – installation of LED street lighting;(iv) Connecting to the internet –installation of infrastructure for internet connections (e.g. fiber optics); 6 and (v) Access to alternative energy sources for households or community services (including heating stoves).7 Subcomponent 1B: Support for social infrastructure and services in target villages Starting in year 2, subcomponent 1B will provide sub-grants to communities to fund their priority social infrastructure and services projects selected through the participatory decision-making process established in subcomponent 2A. Under subcomponent 1B, from years 2 to 4, communities in the Corridor of Impact will each benefit from at least two additional cycles of investment in community-prioritized sub-projects. Funds for Subcomponent 1B will be allocated according to village populations weighted for poverty, youth and proximity to the transmission line variables. Villages will be grouped according to their weighted population (4 to 5 groups depending on the final list of target villages) and receive proportionately sized grants. The formula for fund distribution will be finalized when the final alignment of the transmission line is determined, and the final Corridor of Impacted villages identified.8 Sub-grants are likely to range from a minimum of US$ 30,000 per cycle to a maximum of US$ 150,000 per community per cycle. The project will also allow communities to carryover sub-grants from should they wish to undertake less (higher-value) investments over the course of the project. Communities may also opt to replace 4 Such settlements are in many cases on land that has been allocated to young families, and are typically poorly served. Properly planned and implemented extension of electricity supply to such settlements would in many cases enjoy broad support across the community. 5 In the case of extension of services to new locations, additional short lengths of 10kV lines within villages, with associated poles, would also be required. The distance from a 10kv/0.4kV transformer to the households served should not normally exceed about 800 meters. For longer distances, a transformer would be required closer to the households. 6 These works would be possible if carried out in parallel with distribution networks. 7 Diesel projects will not be eligible because of complex maintenance, high recurring costs in maintenance and speedy depreciation. 8 The grant distribution formula can only be finalized when the final TL alignment, and thus village data is known. A cut-off date (the date of Board approval) will be applied. 2017 population data will be utilized for the purposes of determining grant funding. 7 social infrastructure with livelihoods facilities and obtain technical assistance as described under subcomponent 1C. Communities will be discouraged from implementing subprojects that take longer than 18 months to complete. Communities will choose from a relatively open menu of options that contribute to poverty reduction. While it is not known what communities will prioritize until the participatory decision-making process is completed and the local development strategy updated, sub-grants are likely to support small scale infrastructure improvements relating to water, education, health, roads, agriculture, pasture investments, the rehabilitation of irrigation canals,9 school rehabilitation (especially for energy efficiency), kindergartens, first aid points, and rehabilitation of roads and bridges. Facilities that specifically target youth needs will be eligible if they support livelihoods or leadership development and have the technical assessments to achieve these economic and empowerment goals.10 As noted above, further village electricity improvements will also be eligible (in addition to those carried out through subcomponent 1A) depending on community priorities. All investments, except those on the negative list, will be permitted. Under subcomponent 1B the Additional Financing will expand the coverage of the project to all AAs in the oblasts and aims to support communities to select subprojects/subgrants that improve the performance and responsiveness of primary health care and focus on the development of locally-relevant livelihoods, especially for the vulnerable. If additional land is required, AOs will be required to identify and allocate public land prior to these facilities being approved for small grants. Subcomponent 1C: Support for livelihood facilities in selected AAs To address the lack of economic opportunity in the target AAs, subcomponent 1C will support the construction of a limited number of livelihood facilities or selected productive/economic infrastructure. This subcomponent will expand the focus of support to include all communities located in the 22 target AAs, i.e. the funding of livelihood facilities will be targeted at, and be accessible to, all 132 communities in the AAs through which the corridor of impact (COI) passes. Given the innovative nature of this subcomponent in the context of the Kyrgyz Republic, the project has budgeted US$ 0.9 million to be allocated through sub-grants to selected AOs, C-VIAs or villages. It is anticipated that this will result in approximately 10 facilities11 being selected in Year 1 and constructed thereafter. It is anticipated that these facilities could vary significantly in technical complexity (e.g. from apple storage facilities to ICT centers). To promote livelihoods development in the COI, communities will also be able to opt for livelihoods facilities rather than social infrastructure. These investments would be undertaken as early as possible in the project to enable parallel technical assistance, capacity building and systems development needed to create sustainable investments. The final decisions on the facilities to be supported would be subject to a number of criteria: (i) the number of jobs generated for young women and men in the target AAs; (ii) the final ownership/sustainability of the assets;12 and (iii) the secondary benefits especially for vulnerable groups. Under this Subcomponent, the AF will support the reestablishment of livelihoods for the most vulnerable communities through financing the development of livelihood facilities. As is the case with the parent project, under this Subcomponent the construction of economic infrastructure (e.g. apple processing plants, greenhouses, ICT centers) may result in situations where land is provided by entrepreneurs and it may be necessary to address potential social risks as per the Resettlement Policy Framework (RPF) guidelines (Table V Matrix of Eligibility Criteria; Annex5 Voluntary Land Donation Protocol). In order to identify potential social 9 New irrigation canals will not be financed; however, rehabilitation of irrigation canals will be eligible to enable repairs that reduce losses (typically up to 40 percent) and rectify other faults. 10 Sports facilities will not be eligible as they have been/are financed under the VIP3 project an; d Debt Swap supported by KfW, are not focused on poverty alleviation and evidence suggests that they have not been gender neutral. 11 While 10 facilities have been included in the indicative budget, the exact number of facilities will be dependent on the feasibility based on RMA and value chain assessments, willingness and availability of entrepreneurs who can meet the pre-defined criteria detailed under the competition process related section. There is also a possibility that there could be smaller facilities which would have business viability. Therefore, the exact number of economic facilities would be clear once the detailed VCAs are completed and the completion process is completed. 12 The criteria for selection would include a business plan, own investment contributions, jobs created, steps to work with youth and vulnerable groups among others. After the selection of the private entrepreneurs, AO, with the financial support of the project, will make additional capital investment (for example: construction of the building and purchase of additional equipment) to complement the private entrepreneur’s own financing. The role and responsibilities of AO and private entrepreneurs will be enshrined in a contract. 8 impacts, a robust screening process will be put in place as part of the preparation and implementation of the infrastructure investments. The infrastructure investments under Component 1 may lead to other impacts covered under OP 4.12 (i.e. impacts on assets and/or livelihoods), but these impacts are expected to be positive and will not be known until the investments are selected in each cycle. As for the parent project, a social screening will be implemented in each community where construction is planned to verify social impacts before the sub-grants are awarded. The updated Social Screening table is given on page 42. Component 2: Support for Community Mobilization, Youth Engagement and Communications Subcomponent 2A will support a range of community mobilization and capacity building activities to: (i) ensure that communities, particularly youth and marginalized groups, are actively engaged in selecting poverty-focused project interventions; (ii) ensure that Component 1 investments in social and economic infrastructure (including electricity) are those that have been most highly prioritized by communities; and (iii) all members of the target communities are provided with the information, facilitation and capacity building to make decisions that are needs-based, and inclusive of women, vulnerable and poor households. Subcomponent 2A: Support for community mobilization and capacity building Subcomponent 2A will support the activities needed to ensure that Component 1 investments in social and economic infrastructure are community-led, that Component 1 investments are prioritized by communities and responsive to the needs of all community members (including the poor and vulnerable).The objective of this component is to build local institutional capacity and engage communities in sub-project needs assessment, planning, implementation, management and monitoring, as well as operations and maintenance (O&M) where relevant. This is expected to create a level of community engagement that will ensure that communities choose how they benefit from this support project associated with the CASA1000 transmission line, while ensuring sustainability of CSP sub-projects and maximizing development outcomes. Subcomponent 2B: Youth engagement, awareness building and social accountability Subcomponent 2B aims to build the voice and agency of young women and men by providing support for selected: (i) awareness building activities; (ii) civic engagement activities; and (iii) social accountability activities, carried out with, and by, young men and women within target communities. The activities will be focused on building communities that are armed with knowledge on development-related issues, and more aware of local governance (including performance, transparency and accountability). Both areas of support will underpin Component 1, but will provide broader skills for use in local civic affairs. Subcomponent 2C: Communications Subcomponent 2C is closely linked to the communications strategy developed for the various elements of the CASA1000 project, including communications about the transmission line, its purpose and benefits, and the safeguards aspects of the transmission line, be they health and safety or resettlement. A CSP Communications Action Plan (CSP-CAP) will be developed prior to effectiveness with the specific aim of: (i) building village-level support for CASA1000 by improving community understanding of the benefits and opportunities offered by the CSP; (ii) establishing trust in the CSP and managing expectations by transparently communicating CSP scale, scope and eligibility; (iii) providing a supportive communication infrastructure for messaging related to the broader CASA-1000 infrastructure project. As with other aspects of the project will involve youth in communications activities and outreach and target youth in messaging. Subcomponent 2C will engage young women and men from villages near the transmission line trained to communicate details of the CSP to their neighbors. ARIS will outsource design and training to a public relations firm and then execute the local level activities in parallel with subcomponents A and B. Component 3: Project management, and monitoring and evaluation 9 The AF will help strengthen project management and M&E under Component 3 to implement the expanded scope under Components 1 and 2. Accordingly, Component 3 will be increased by US$1.50 million. The ARIS project team will be strengthened by hiring additional consultants for the following functions: community mobilization, social accountability, livelihoods, engineers, environmental and social safeguards specialist(s), environmental sustainability/climate change, and communications/IT specialist(s). The Livelihoods TA is included in subcomponent 2C. The scale up of the project across the expanded target areas, will be supported by an enhanced management information system (MIS) which will track the indicators set out in the results framework and key outputs. MIS procedures, which will support ARIS capacity development in this area, will be set out in the POM. Capacity building of ARIS staff and other local stakeholders in climate change adaptation and mitigation, and the social dimensions of climate change, will be launched and applied to the parent project as well as this AF. Additional funds for operating costs will also be provided for project management and M&E. Given its scope, the AF will coordinate closely with the Enhancing Resilience in the Kyrgyz Republic operations (P162635 and P172761) and Sustainable Rural Water Supply and Sanitation Development Project (SRWSSDP) (P154778) as well as the Third Village Investment Project (VIP3) (P146970). Component 4: Contingent Emergency Response Component (~US$0) The AF will include a Contingent Emergency Response Component (CERC), which in the event of an urgent need for assistance in response to an eligible crisis or emergency, will enable the GoK to reallocate project funds to response efforts. In light of the COVID-19 outbreak, this provisional zero component is designed as a mechanism that will allow for rapid access to project funds for a Kyrgyz Republic response and recovery to crisis. Activities would be targeted to mitigate and respond to the socioeconomic impacts of the crisis. To trigger this component, the government would need to declare an emergency or provide a statement of facts justifying the request for activation of the use of the emergency funding. If the Bank agrees with the determination of an eligible emergency and associated response needs, financing from other project components could be reallocated to cover eligible expenditures. The CERC would be implemented in accordance with the Bank’s Policy on Investment Project Financing, Projects in Situations of Urgent Need of Assistance or Capacity Constraints. A specific annex to the POM will apply to this component, detailing the FM, procurement, safeguards, eligible expenditures, and any other necessary implementation arrangements. 4. Reason for not preparing a RAP at this time At this stage, it is impossible to know the scale and scope of land acquisition, restriction of access thereto, or loss of the assets belonging to project affected persons or commercial structures that may occur as a result of the project interventions, if at all. The project designs for AF activities will be prepared during implementation based on the demand-driven process, and the areas of rehabilitation/construction works cannot be known during project preparation. Impacts will be known in detail at the stage of development of detailed design estimates (DDEs) during implementation and prior to commencement of construction/rehabilitation works. A Resettlement Action Plan (RAP) can only be developed during implementation, if relevant, based on this RPF. 10 II. PRINCIPLES AND OBJECTIVES GOVERNING THE PREPARATION AND IMPLEMENTATION Rationale for Resettlement Policy Framework and its Scope In view of the projected activities under Component 1, the effects of involuntary resettlement will be limited to small scale land acquisition, temporary land acquisition, restricted access and economic impact. Physical relocation of households is not expected. The construction is expected to be performed within the area of existing infrastructure or municipally-owned lands. The land may be required for new low-voltage lines in settlements where no electricity transmission lines currently exist, as well as for expansion of water supply systems, placing mini-shops for fruit processing, dairy products, placement of paramedic posts, schools, hospitals, etc. that may be selected by beneficiary communities. Also the presence of illicit users of the facilities and the associated economic impacts covered under OP 4.12 cannot be ruled out. While the public lands are expected to be made available in the event of expansion of new infrastructure, the project allows for voluntary land donations made by the community or individuals. The donation process shall be closely monitored during the implementation. Prior to accepting land donations made by individuals, they shall be subject to rigorous examination and approval by the World Bank. The land donations should not lead to a worsening of the conditions for individuals or households than it was before the project and they y shall receive benefits from the project). Since the investments are determined by the communities, the impacts will not be known until the investments are selected in each cycle. The Resettlement Policy Framework (RPF) aims to provide policies and procedures to ensure that people who may be adversely affected by the Project are adequately consulted on project activities and receive compensation or assistance that will at least restore their pre-project level of livelihoods. The RPF provides policies and procedures to determine if the project activities trigger the World Bank’s Involuntary Resettlement policy (OP4.12). RPF also allows to assess the expected impacts, identify detailed steps to develop RAPs covering appropriate mitigation measures, including mitigation and compensation for the impacts caused under the project, including: - involuntary land acquisition (temporary or permanent); - loss of assets or loss of access thereto, or impact on assets or impact on access thereto; - loss of standing crops, trees, sources of income or livelihoods, regardless of whether the project affected persons (PAPs) is resettled or not; - restricted access to natural resources. RPF outlines the measures to ensure that PAPs: - are aware of the options and their rights with regard to land acquisition and the project impacts; - participate in consultations to discuss possible compensation options; received the right to choose; provided with alternatives that are technically and economically feasible; and - provided with effective compensation of the assets lost or impacted by CSP at full replacement cost, , , prior to commencement of the civil works. RPF is based on the following principles: - avoid or, at least, minimize the need for involuntary land acquisition;13 - PAPs, as a minimum, should be provided with adequate assistance, as minimum, to improve or at least to restore the pre-project livelihoods; - PAPs should be fully informed and consulted on project activities and compensation options; - the absence of legal right to land shall not be an obstacle to obtaining the compensation or alternative forms of assistance. PAPs without legal right to land shall be eligible for compensation for structures and other non- land assets. 14 13 The safeguard consultant will work in close cooperation with the design engineers to prevent negative impacts to the extent possible. 14 ОР 4.12 proposes 3 eligibility criteria: (а) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the Kyrgyz Republic; (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land 11 - In the process of resettlement, a special attention should be given to socially vulnerable groups of the population, such as ethnic minorities, women-headed households, the elderly, etc., providing them appropriate assistance to improve their livelihoods; and - Compensation shall be paid to PAPs at the full replacement cost,15 without retentions meant to be used for any other purposes.16 or assets - provided that such claims are recognized under the laws of the Kyrgyz Republic or become recognized through a process identified in the resettlement plan; (c) those who have no recognizable legal right or claim to the land they are occupying, use or gain livelihoods prior to the cut-off date. Persons covered under (a) and (b) are provided with compensation for the land they lose, and other assistance according to the provisions of this RPF. Persons covered under (c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in OP 4.12, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in (a), (b), or (c) are provided compensation for loss of assets other than land.15 According to OP 4.12, the land replacement cost shall be equal to the replacement value of the land with similar capacity and located in the proximity to the project affected land, including all costs associated with the registration of land ownership, use or transfer. The cost of replacing buildings or structures shall be equal to the market value of the materials required for construction of a building/structure to be replaced. Location and the quality of the buildings or structures, as a result of replacement, shall be similar to those affected; repair of a partially damaged structure shall include the cost of delivery of construction materials to the construction site, plus the cost of contractors' work and the fees for registration and re-registration of property ownership. At the same time, depreciation of facilities and the cost of usable materials shall not be taken into account. 15 According to OP 4.12, the land replacement cost shall be equal to the replacement value of the land with similar capacity and located in the proximity to the project affected land, including all costs associated with the registration of land ownership, use or transfer. The cost of replacing buildings or structures shall be equal to the market value of the materials required for construction of a building/structure to be replaced. Location and the quality of the buildings or structures, as a result of replacement, shall be similar to those affected; repair of a partially damaged structure shall include the cost of delivery of construction materials to the construction site, plus the cost of contractors' work and the fees for registration and re-registration of property ownership. At the same time, depreciation of facilities and the cost of usable materials shall not be taken into account. 16 According to OP 4.12, the land replacement cost shall be equal to the replacement value of the land with similar capacity and located in the proximity 12 III. RAP PREPARATION AND APPROVAL PROCESS The first step in preparation of RAP is the assessment of the identified land plots and assets that may be affected by the Project. This assessment is carried out by ARIS Safeguards Specialists jointly with the local self-government body. The RAP is used to identify the type and nature of potential impacts associated with the activities proposed for implementation, and take the appropriate measures to mitigate the impacts. The assessment also demonstrates the fact that prevention or minimization of the resettlement is a key criterion when the RAP is prepared prior to the implementation of CSP. The assessment shall be carried out based on the established criteria detailed in Annex 1-4, and documented in the form of screening report (see Annex 1) on the expected social impacts, after the main technical solutions are adopted or the detailed designs of sub-projects are finalized. The design of sub-projects shall not be finalized until it is clearly established that all attempts have been made to minimize the impacts of resettlement. In case the assessment points to the necessity for physical displacement, land acquisition, impact on assets or negative impact on economic resources, irrespective of whether physical displacement is needed, the next step shall be ti undertake a social-economic census and inventory of land resources and assets to determine to which there is a need for resettlement. Then, the RAP shall be developed for the Project, following the steps outlined below. 1. Census, Socio-Economic Surveys, Inventory of Losses In case the assessment points to the need for land acquisition, loss of livelihoods, involuntary resettlement, or impact on assets, the next step is to determine the socio-economic status and conduct the census of PAPs, indicating their age, level of dependency on assets, level of income, marital status, including the inventory and assessment of assets of each PAP in the area identified for land acquisition or project impact. This activity shall be carried jointly by ARIS safeguard specialist and Social Consultant. A cut-off date shall be the date of the end of census and the date establishment of boundaries of the project area (estimating the affected assets), to be defined in RAP. Following the census, RAP is developed based on the collected data on the impacts and affected persons. The process of census envisions direct consultations with PAPs (including all adult household members or both spouses). The Social Consultant will interact with PAPs at the site in a plain language and a comfortable manner of communication to identify the assets affected and discuss their social and economic situation. In the process of consultations, both verbal and written, the PAPs' will be explained on their rights relating to the resettlement process in the form of information booklets, presentations and announcements posted in frequently visited places. The consultations also provide information on the grievance redress mechanism and matrix for receiving rights to compensation. Illiterate people will be provided with verbal information, along with information booklets. The PAPs will be given the opportunity to express their feedback and raise their concerns. In cases where direct consultation with the PAPs is not possible due to their leave to other cities or countries, the Social Consultant in cooperation with local authorities will deliver the information on the resettlement to PAPs that are absent through their relatives or neighbors at the place of their residence. The number of visits will be provided, specifying those who received the copies of documents and when, including the dates and time of the next visit etc. 2. Preparation of RAP RAP is prepared after the socio-economic census and identification of project affected parties. The RAP will be drafted during in the process of consulting the project affected parties. In particular, the consultations will cover such issues as the eligibility to obtain compensations, as well as the emerging obstacles to conduct economic activities, methods of assessment, compensatory payments, possible assistance, PAPs' 13 aspirations, grievance redress mechanisms, and the timeline for implementation. The final version of the RAP will incorporate PAPs’ remarks/comments. The key elements of RAP indicated in OP 4.12 are listed below. A more detailed guidance on developing the RAP is available on the World Bank website or in the World Bank's Involuntary Resettlement Sourcebook.17 The RAP contents are outlined in the annex 6 The level of Project impact on certain PAPs is not expected to be significant (i.e., the PAPs are not likely to be physically displaced or lose their productive assets). It is expected that the number of people affected by any subproject will be less than 200 people. In such cases, an abbreviated RAP may be prepared. In case the number of affected people exceeds 200, a full RAP to be developed. The abbreviated RAP will include (at minimum) several standard sections, such as: description of project impact and valuation of affected assets, description of affected people and their basic socioeconomic and demographic characteristics, description of institutional arrangements and implementation procedures, description of the procedure for compensation and assistance for PAPs; The RAP shall also contain the results of consultations, monitoring and evaluation procedures, timeline and budget,. More details are given in Annex 6. The data on project-affected households are considered as the focus area of RAP; however, out of respect for inviolability for private life, the information relating to particular individuals and households shall not be subject to public disclosure. The Census Data collected at the intial stages of RAP development may be then used as a baseline to ensure PAPs and households are able to maintain their livelihoods at pre-project levels, or preferably improve it.,. Where full RAP is required, it should include at minimum the following: (i) basic information on the census and socioeconomic survey; (ii) specific rates and standards of compensation ; (iii) the rights within RPF related to additional impacts not covered in RPF but which has been identified through census or survey in the implementation process; (iv) programs for the improvement or restoration of livelihoods; (v) implementation schedule for resettlement activities; (vi) and detailed cost estimate. More details are provided in Annex 6. 3. Disclosure and approval The following steps should be followed after full/ abbreviated RAP is developed: - The draft RAP shall be subject to discussion with PAPs; PAPs will receive a copy of RAP a week before the discussion. Public consultations shall be attended by PAPs, Local government representatives, ARIS, and NGO. - Upon discussion, the comments and proposals shall be reflected in the RAP. - The RAP shall include the section describing the consultation process, andthe matrix for comments and proposals to be incorporated. - The Safeguards Consultant shall submit the RAP to the Project Coordinator for approval. - After incorporating the comments received following the publication of RAP and after its approval by the Project Coordinator, the RAP shall be officially submitted to WB for review and to confirm the compliance with OP 4.12 and other applicable policies/procedures. - Once the World Bank confirms the applicable quality of each RAP, the RAPs shall be disclosed on WB Info- shop website, published as a final RAP on ARIS website and shared with all stakeholders. Private information on PAPs shall not be made publicly available. No changes shall be made to the matrix of compensations, eligibility criteria, compensation rates, or other regulations to provide assistance, without the prior World Bank's consent. 4. Identification of Affected Persons and Presumable Categories Identification of PAPs and Analysis of Project Affected Assets. It is impossible to completely rule out the cases of temporary or permanent use of private land in the course of construction/reconstruction works. It remains to be seen whether the irreversible acquisition of land will be 17The sourcebook is available through the following link: http://documents.worldbank.org/curated/en/206671468782373680/pdf/301180v110PAPE1ettlement0sourcebook.pdf. 14 required or it will be limited to temporary access to lands. It is also impossible at this stage to completely rule out the possibility of demolition of small structures (fences, forest plantations, etc.). Given the fact that the persons and / or assets likely to be exposed to the impact are yet to be determined, the impact assessment will be carried out after the commencement of the project. In case it is determined there is a need for involuntary land acquisition, impact on assets, or negative impact on sources of income, a full or abbreviated RAP to be prepared in line with the provisions specified above. 5. Method for Determining Cut-off Date Determination of the cut-off date is a tool used to prevent the requests submitted to obtain compensations after this date. The cut-off date shall be the date of the census or the date of determining the boundaries of the project area that are to be defined in RAP. After the Detail Design and Estimates (DDEs) are finalized and the boundaries are defined, a safeguards specialist jointly with AA representatives shall conduct the census of the PAPs and the inventory of their affected land, property, structures, crops and other assets. Consultations shall also be carried out with the Project Affected Persons to inform them about the Project, its impacts, the procedures of compensation, and discuss their options and preferences. PAPs shall provide their feedback, which may lead to changes in the design decisions with a view to minimize the need for resettlement. 15 IV. ELIGIBILITY CRITERIA AND PROCEDURES FOR VARIOUS CATEGORIES OF PROJECT AFFECTED PEOPLE 1. Eligibility Criteria The involuntary acquisition of land leads to the relocation or loss of shelter, loss of property or access to property, loss of sources of income or livelihoods, regardless whether the PAPs shall be relocated to another location or not. The OP 4.12 envisions the following three eligibility criteria18: - (a) Those individuals who have formal rights to lands, including the rights to customary/communal lands, traditional and religious rights recognized under the law of the Kyrgyz Republic. - (b) Those not having the formal legal rights to land as of the cut-off-date, but having a claim to such land or assets on the condition that such claims are recognized under the law of the Kyrgyz Republic or will be recognized through the process identified in RPF / RAP. - (c) Those not having a recognizable legal rights or rights to use land, which they occupy or use, or depend on it for their livelihoods since before the cut-off date19. Following OP 4.12, the persons covered under (a) and (b) above shall be provided with compensation for the land they lost, and other assistance in accordance with this RPF under this project. Persons covered under (c) above shall be provided with resettlement assistance instead of compensation for the land they occupy, as well as other assistance, as necessary, for the tasks stipulated in this document to be achieved in case they occupied the land before in the cut-off date. Persons that took over the land plots after the cut-off date shall not be eligible for compensation or any other form of resettlement assistance. All persons included in the categories (a), (b) or (c) described above shall be provided with compensation for their loss of assets apart from the land. Therefore, all Project Affected Persons shall be eligible for certain assistance in case they occupied or used the land before the cut-off date, even if they were absent at the date of census and regardless of their status, that is, their formal ownership rights or legal rights to use land. 2. Identification of PAP and Analysis of Project Affected Assets It is currently impossible to completely exclude cases of temporary or permanent use of private land in the course of the construction/rehabilitation works. It is not yet known whether an irreversible land acquisition will be unavoidable, or the project impact will be limited to temporary limitations to access and use thereof. At this stage, it is impossible to completely exclude the possibility of demolition of small structures (fences, forest plantations, etc.). Taking into account that project-affected persons and/or assets have not been yet identified, the impact assessment will be carried out after the Project is launched. Impact assessment is an activity to identify, analyze and take into account direct, indirect and other consequences of the impact on the social environment of the planned activity in order to make a decision on the possibility or impossibility of its implementation. The impact assessment tool will be screening selected priority proposals. Due to the large number of sub-projects in the project, a preliminary assessment will be carried out by the community and then reviewed by a safeguards specialist. In cases where, after the preliminary assessment, it becomes necessary to take land, restrict access, loss of livelihoods, the next step is the preparation of RAP. 3. Cut-off date determination method After finalization of the PAP and delineation of the boundaries, the Safeguards Specialist will conduct a census PAP and inventory of their property. The cut-off date will be the day that the census has been completed which identifies PAPs and assets of their property. Consultations with affected persons will also be held to inform them about the Project and its impacts. When informing the PAP, the latter will provide their feedback, which may result in modification of design solutions to minimize the need for resettlement. 18 Para 15, ОР 4.12 19The cut-off date is the date the record of population or census begins, that serves as the eligible date of termination in order to prevent a subsequent influx of invaders or other persons wishing to take advantage of such benefits. The cut-off date will be the date the census begins. 16 V. MATRIX OF ELIGIBILITY FOR COMPENSATIONS Project impact PAP category Asset affected Rights to obtain compensations Temporary land Land owner Land payments for rent based on market rates20 and prices during rental period acquisition to If the land owners need to be temporarily relocated, the costs for temporary relocation, including perform works or the rent of alternative housing during the relocation period, will be fully covered, and any damages construction that may occur to their properties during such temporary relocation will be fully compensated based on the replacement cost. The lands and assets affixed to PAPs will be fully restored to the pre-project level and returned to the owners of lands. Assets Replacement of the structure or monetary compensation at the replacement cost, as well as the right to useable materials. Informal user Land The land and assets affixed to PAPs will be fully restored to the pre-project level and returned to the owners of lands In case PAP have to be temporarily relocated, the costs for temporary relocation, including the rent of alternative housing during the relocation period, will be fully covered. In the event of loss of the source of income, an allowance shall be paid proportionally and according to the average size of income lost each week (7 days). Assets Replacement of the structure or monetary compensation at the replacement cost, as well as the right to useable materials Voluntary donation Land owner Land/ Assets Compensation for land is not provided in case of: any voluntary donation of land, provided that of land21 this donation is contributed in accordance with the voluntary donations protocol, defined in Annex 5. The voluntary donation of land shall be subject to rigorous examination and approval by the World Bank prior to accepting the donation of land. . Voluntary contributions of land are allowed only if the conditions described in Annex 5 are met, including the provision on the impact that shall be < 10% of the total land area or assets. Land donation shall not cause negative impact on a person or household donating the land benefitting from the project. Transfer of land free of charge is possible if the beneficiary is the direct beneficiary of the project benefits. Free of charge land transfers from vulnerable groups cannot be accepted without compensation or substitution with another piece of land. 20Market rates will be used so long as these rates are equal to, or greater than, replacement cost 21 See Annex5 for procedures to be followed for Voluntary Land Donation 17 Project impact PAP category Asset affected Rights to obtain compensations Permanent land Land owner Land As a priority option, a land plot of similar size and fertility, acceptable to PAP,located within 3 km acquisition for shall be provided. If such land is not available, cash compensation at the replacement cost is paid, works, fees for registration and re-registration of rights to land are covered, including the costs for construction or use improving the quality and productivity of the land to t pre-project level. In case the land that as part of a remains is no longer suitable for use, the whole land plot shall be purchased. The improvements sanitary- of lands, for instance, the irrigation facilities, will be compensated at the current market prices for protection zone22 equipment, and materials and labor costs,. In the event of loss of source of income, compensation shall be paid in the amount of the actual wage for two months the minimum amount shall cover at least two months. Informal user Land Support for compensation of land property shall be provided to prevent complete loss of livelihoods, depending on specific circumstances in each individual case. In the event of loss of source of income, compensation shall be paid in the amount of the actual wage for two months the minimum amount shall cover at least two months. No deductions shall be made for useable materials that can be filled up by the PAP. Loss of or damage Structure/ Any structure, Replacement of the structure or monetary compensation at the replacement cost without taking to structures building owner including fencing, into account depreciation, as well as the right to useable materials. The loss of residential building etc. or structures to be required for permanent physical relocation of households is not expected. Restricted access Tenant or Access to house is Every effort shall be made to provide permanent and secure access. Upon completion of the works, to houses owner of the restricted. the land and access to housing shall be fully restored or at least to the pre-project level. The house compensation will be provided in kind, for instance, an alternative parking lots. Loss of income for Business owner Temporary loss of Monetary compensation for the loss of income during the downtime period of the shop is based shop owners and business or job due on accounting records for the previous three (3) months of such business or equivalent enterprise. their employees to the project In case the incomes of business depend on the season of the year, the amounts shall be calculated works. based income measures of the previous year or the earnings of the equivalent enterprise. Every effort shall be made to ensure temporary access to minimize losses of income. Hired staff or Compensation for the loss of sources of income during the downtime period. Women and men business shall have equal opportunities employees Owner Fruit tree The cost of seedlings and monetary compensation at value of the crop, multiplied by the number of years required for the young tree to become mature. 22The "safety buffer protection zone" is an area with a special mode of operation, which is established around production facilities and construction sites; the radius of this zone will be determined during construction works. 18 Project impact PAP category Asset affected Rights to obtain compensations Trees, standing Non-fruit trees Timber or cash, equivalent to the value of timber. crops Users of trees Fruit tree The cash value of the harvest multiplied by number of years of using trees to rent Owners Standing crops Every effort shall be made to avoid impact on the standing crops by means of adjusting the construction period. If unavoidable, compensation shall be provided at the replacement cost. Irreversible Public Assets Structures in kind compensation shall be provided, new buildings / structures shall be erected, /built, partially impacts on public affected structures or buildings shall be repaired. structures All Loss of livelihoods PAP All types of In case of loss of employment, additional training shall be provided, as well as the assistance in the categories livelihood activities search for employment; PAPs who lost their jobs shall be registered accordingly and receive other necessary assistance as per each specific case. In addition, the development assistance to be provided, for example, the access to credit and training programs, providing employment opportunities and other necessary assistance for each specific case. Poor and Vulnerable and Additional impact Vulnerable and poor PAPs are entitled to appropriate additional assistance measures to prevent Vulnerable people poor people on livelihoods due further negative impacts resulting from the project implementation. The additional assistance may to vulnerability be provided in the form of land and other property, payment of financial benefits and compensation, employment, etc. - depending on the specific circumstances. Gender issues shall also be taken into account. Vulnerable person(s) may include: households with disabled, women-headed households living below minimum wage, identified by local self-government leaders as vulnerable groups. 19 VI. LEGAL FRAMEWORK REVIEWING FIT BETWEEN BORROWER LAWS AND BANK POLICY REQUIREMENTS 1. The legal framework of the Kyrgyz Republic The basic document regulating the rights of citizens to land is the Constitution of the Kyrgyz Republic adopted by the KR Law as of 27 June 2010. According to the Constitution of the Kyrgyz Republic, the land is in the state, municipal, private and other forms of ownership. As such, Article 12 of the Constitution of the Kyrgyz Republic provides as follows: The Kyrgyz Republic KR recognizes a variety of forms of ownership and guarantees its equal legal protection. The ownership is inviolable. No one shall be arbitrarily deprived of their property. The expropriation of the property against the will of the owner is permitted only by court order. The land and subsoil, airspace, water and forests are exclusive property of the Kyrgyz Republic and used for maintaining a uniform ecological system as the basis of the life and activity of the people of the Kyrgyz Republic and are under special protection the State. The limits and procedures to the exercise of the rights by owners to ensure the protection of their lands are regulated by the Law. Below given the Articles of the Land Code of the Kyrgyz Republic as of June 2, 1999, No.45: The latest edition of the Land Code as of July 30, 2019 No.107 introduced amendments and additions that do not result in significant changes of the project and are related to the use of land and land acquisition. Article 4. Land Ownership In accordance with the Constitution of the Kyrgyz Republic, the land may in the state, municipal, private or other forms of ownership. The State ownership means the land provided to the state land users, lands of forest, water facilities, specially protected nature areas, reserve land, border area, lands of the State Agricultural Land Fund, pastures in rural settlements, pastures in the area of intensive use, remote pastures (grasslands), and other land not transferred to private or municipal ownership. The state ownership shall also include the lands of state animal production facilities, seed-growing networks, experimental farms, testing stations and grounds, key localities, agriculture-related education and research institutions established on the lands of the State Agricultural Land Fund, except the lands provided to the citizens residing or working in the above farms possessing the land shares. The Government of the Kyrgyz Republic exercises the State ownership right over land across the whole the Republic, and the state administrations exercises it within the scope jurisdiction established by this Code. The lands inside the boundaries of the Ayil Aimaks (rural district/sub-district), town are the municipal ownership, except the lands in the private and state ownership. The management and control over the lands that are in the municipal ownership shall be exercised: - Inside the boundaries of AA–the executive body of the local self-government; - Inside the the boundaries of towns - by local self- -government; The management of state-owned lands inside the boundaries of AAs and towns shall be carried out by the local government bodies in cases provided by this Code. The pastures shall not be transferred into the private ownership or released on lease. Article 7. Duration of the use of Land Plots by Land Users 20 The use of land plot may be open-ended (indefinite) or fixed (temporary). The fixed-term (temporary) use of land, including the use of land under lease agreement shall be recognized as the use limited up to 50 years. Upon expiry of this period, subject to agreement between the parties concerned the period of use of the land may be extended. The Land plots shall be provided to foreign individuals only for fixed-term (temporary) use. The agricultural land of allocated from the State Agricultural Land Fund may be leased generally not at least 5 years. Article 35. Transfer of Land. Payment for Transfer of Land (extract of the article) 1. The owner of land or land user may transfer their entire or partial rights to land to another individual or legal entity without any authorization from the state authority, unless otherwise provided by this Code, other legislative acts of the Kyrgyz Republic, terms and conditions for granting the land. 2. When the land owner or land user transfer their right to land to another person or entity, the amount of payment for the land shall be determined by the agreement of the parties 3. The land transactions with the portion of land shall be made in due course after this portion of land is transferred into an independent land to undergo subsequent state registration. Article 53. Establishment of Easement (Servitude) 1. The easement may be established by agreement among the parties concerned (voluntary easement) or, if necessary, based on the decision of the authorized authority (compulsory easement). 2. The land easement shall not exclude the right of land owners/users to their lands or the right to use these lands. Article 54. Voluntary easement The agreement on the establishment of easement (Voluntary easement) include the following: 1) Description of the land that is subject to an easement, and the land benefiting from the easement; 2) Terms and conditions of establishing the easement; 3) Plan and map of the land plot indicating the location of easement; Article 56. Purposes of Compulsory Easement the authorized authority has a right to establish compulsory easement in cases provided by this Code and other legislation acts, at the request of an interested party to establish compulsory easement. The compulsory easement may be established to secure: 1) access to land plot if no other access is available, extremely difficult, or requires disproportionate spending; 2) laying and use of electric transmission lines, communication lines, water supply, heat supply lines, reclamation, and other needs that may not be secured without the establishment of compulsory easement. Article 57. Recovery of losses Related to the Establishment of compulsory Easement. Payment for Compulsory Easement (extract) The losses caused to land owners or land users as a result of compulsory easement a shall be subject to recovery by the person benefiting from the easement. 21 The land owners or land users, whose land plot is burdened by easement, are eligible to claim from the entity benefiting from easement a proportionate payment instead of recovery of losses. Article 62. Termination of the Right to Land The rights to land shall be terminated in the following events: - Alienation of right to land in favor of another entity; - Foreclosure on the land in the ownership or entitled to use, based on the claims by creditors, in accordance with legislation; - Death of land owner/user, should there be no heirs; - Voluntary withdrawal of rights to land by the land owner/user; - End of the term of use of land; - Termination of labor relations or other relations similar to them which resulted in the allocation of a subordinate land; - the land can no longer be used due to natural disaster; - Withdrawal of land on the grounds and in the manner provided in the Chapter 11 of this Code; - Liquidation of the state or municipal land user, public association, public fund, or religious organization; - Withdrawal from citizenship of the Kyrgyz Republic by the owner of the piece of land or agricultural land, except the cases housing mortgage. - Termination of concession contract, mining concession, production-sharing agreement, and termination of ownership rights to use sub-soil resources; - Termination of public-private partnership agreement. Article 66. Grounds for Land Withdrawal (extract) Withdrawal of the land shall be authorized in the following cases: - Land use violations when lands plots are not used for their intended purpose; - withdrawal (buyout) of land plot for State and public uses as per this Chapter; - Non-use of land or part of the land plot allocated for agricultural production for three years; - Non-use of land plot allocated for non-agricultural production in accordance with legislation of the Kyrgyz Republic; - Nonpayment of land tax within the period established by tax legislation; Withdrawal of land for state and municipal needs is carried out after the payment of the value of ownership rights and compensation for losses. Article 68. Withdrawal (Buyout) of Land Plot for State and Public Uses 1. land plot for State and public uses may be earmarked based on the agreement between the authorized agency and land owners/users. In case the land owner or land users disagrees with the withdrawal (buyout) or its conditions, the authorized agency shall be entitled to turn to the court within two months to lodge a claim for compensated withdrawal (buyout) of land following the receipt of refusal. 2. Until the court has decided on the withdrawal (buyout), the land owner or land user is entitled to exercise its rights to land and undertake spending required to ensure the land plot is used for the intended purpose. The land owner or land user carries the risk by undertaking such spending and losses arising from the new construction, expansion or reconstruction of buildings and structures within the specified period. 3. The amount of land acquisition includes the market value of right to land, as well as to buildings and structures located in its area, and losses inflicted to land owner and land user caused by the termination of right to land, including the losses associated with the premature termination of obligations to third parties 4. In case of land withdrawal for State and public uses with the agreement of land owner or land user an alternative land plot may be provided. The value of the right to this new plot is added to the withdrawal (buy-back) price. 22 2. The World Bank Involuntary Resettlement Policy The WB n Involuntary Resettlement policy OP 4.12 is aimed at preventing, where possible, or minimizing and mitigating negative impacts associated with involuntary land acquisition and impact on assets. The overall objectives of ОР 4.12 are as follows: The involuntary land acquisition shall be avoided, where possible, or minimized after exploring and analyzing all technically feasible alternatives of the project implementation. in case the involuntary acquisition or impact on assets, including economic assets, is inevitable, the resettlement activities shall be implemented in the form of the sustainable development actions, providing sufficient scope of investment resources to enable the Project Affected Persons (PAPs) to benefit from these activities. The PAPs shall receive detailed consultations and provided with opportunities to participate in planning and implementation of the resettlement programs. The PAPs shall be assisted in their efforts to improve their livelihoods and living standards or, at least, to reestablish their livelihoods to the pre-project, depending on which of this measures is more effective. this Resettlement Policy requires the preparation of RAP for the purpose of the land acquisition process, in order to address the resettlement impact, once the level of the direct impact is known. In case the impact is minor (less than 200 people, no person is physically displaced, and less than 10 percent of productive assets of PAPs are lost), the Abbreviated RAP may be prepared. The projects with significant impacts, the full RAP is required. The policy requires the following issues to be taken into account in the process of resettlement planning: To achieve the objectives of RPF, the World Bank requires the special attention to be paid to the needs of impacted vulnerable groups, especially to residents living below the poverty line, the residents with no rights to land, the elderly, women, children, and ethnic minorities. 3. Measures proposed to fill any gaps All gaps identified in the course of the Project implementation shall be agreed with the WB and defined in the RAPs developed in line with the “Fulfillment of requirementsâ€? provided in the table below. 4. Comparison of the OP 4.12 Requirements with the Kyrgyz Resettlement Requirements The main differences between the Land Code of the Kyrgyz Republic’s and the WB policy are outlined in the table 2.3.1 below. In the event of a discrepancy between the laws of the Kyrgyz Republic and the requirements of OP 4.12 "Involuntary resettlement", the principles and procedures of OP 4.12 shall prevail. This priority given to the WB regulations over the state legislation shall be obligatory for all World Bank-financed projects. 23 The main differences between the Land Code of the Kyrgyz Republic and ОР 4.12 “Involuntary resettlementâ€? and the Fulfillment of requirement Provisions of the Land Code of the WB OP 4.12 requirements Fulfillment of requirements23 Kyrgyz Republic Compensation for land acquired is The absence of formal right to land shall not prevent the Within CSP, regardless of the availability or lack of provided only for land owners ability of PAPs to be granted with the right, i.e. they, shall be the legal right to, the PAPs shall be entitled to possessing the right to land, i.e. for entitled to compensation for structures and to various compensation for structures, trees and those PAPs with the formal options of assistance under the Compensation eligibility rehabilitation measures. document confirming the right to matrix to assist their pre-project levels of livelihoods, Persons with no formal legal rights to land as of use the land, or holders of rights provided that they processed/occupied the land during the the cut-off date, but claiming such rights to land or exercised based on the local period preceding the cut-off date. assets recognizable under the law of the Kyrgyz customs. Republic and/or under eligibility criteria provided in this RPF, will be entitled for support as provided in the entitlement matrix of this RPF, PAP shall be provided with compensation for the land and assets they lose, and other assistance in accordance with this RPF. Consultations with PAPs or PAPs shall be fully informed and consulted regarding the In the process of preparation and implementation communities on such issues as obtaining of compensations, the rights for various types of of this RPF and subsequent RAP, and in the process withdrawal of land or asset are not compensation and resettlement options, including the of implementation of CSP, the compulsory required. locations of the new settlements. The consultations with consultations for PAPs’ will be necessary over a PAPs imply awareness raising campaigns, and allowing the period of time and in a format suitable for PAPs. PAPs to participate in monitoring, depending on the nature PAPs will be consulted on the project activities and and level of impacts. The RAPs shall be developed in project design. consultation with PAPs and other stakeholders. the gender issues shall be discussed in the process of consultations in order to provide women with information and sufficient opportunities to provide feedback. 23 International legal norms met by the Project. 24 Provisions of the Land Code of the WB OP 4.12 requirements Fulfillment of requirements27 Kyrgyz Republic There is no separate grievance The grievance redress mechanism should be part of RAP and The RPF, and subsequent RAPs, envisions the redress mechanism working In order to enable PAPs to file their complaints and receive procedures for redressing the grievances. resettlement complaints responds, they should be provided with such opportunity Absence of the procedures for The procedures for information disclosure are set Information disclosure is an obligatory requirement. information disclosure forth both in RPF and RAP. Project documents It is obligatorily to disclose RPF and RAP both on the World shall be disclosed in local language(s) on the Bank's website (Infoshop), as well as the in-country respective government websites, World Bank disclosure (on the website of the relevant executing agency), InfoShop and hard copies shall be made available submitting the copies of these documents in locations and in at the locations easily accessible to PAPs. a plain language to households directly affected by the Project. Compensation for land shall be It is preferred to provide the land in return for land “Land-for-landâ€? Compensation provided to the provided as per the repurchase withdrawn is, in which case the proposed site shall be affected land shall be preferable option. In case price of the land, which includes acceptable to PAPs and correspond to the size and fertility the compensation in the form of alternative land the market value of the right to of land lost. for the land withdrawn is impossible, the land, buildings and structures If case the suitable land cannot be found, a compensation in compensation shall be provided in cash at the full located on the land, as well as cash shall be provided at the replacement cost, or replacement cost. damages inflicted to the land alternative land shall be provided with additional payment owner or land user as a result of at the replacement cost. The replacement cost for land plots the termination of right to land, shall be equal to the market value of the land with similar including the losses associated production capacity. Located near the land exposed to with premature termination of impacts, plus the costs for establishing the new land to pre- obligations to third parties. project level, plus the fees for registration and re- registration of ownership rights and use of lands. 25 Compensation for other assets replacement cost of buildings and structures shall be equal Compensation for any other assets affected by (structures, crops, trees and to the value required for the replacement. The depreciation the project (structures and trees, as well as sources of income) shall be of the facilities and the cost of usable materials shall not be commercial losses/loss of income) shall be provided to formal users based on taken into account, as well as the cost of the benefit from provided in cash or in kind at the full a the market prices. the project. replacement cost, both for formal and informal users. Provisions of the Land Code of the WB OP 4.12 requirements Fulfillment of requirements27 Kyrgyz Republic No provisions are specified for Vulnerable categories shall be rendered the following Vulnerable and poor PAPs are entitled to receive supporting vulnerable PAPs. assistance: the appropriate additional assistance measures to 1. In addition to compensation for lost assets, additional prevent further negative impacts resulting from social allowances shall be paid within one year. the implementation of RAP and these measures shall be will be defined in the implementation of 2. Provide support in moving and, if necessary, RAP. The additional assistance may be provided in transporting materials for impacted persons. the form of land and other property, cash 3. Special attention shall be paid to income recovery for assistance and compensation, employment, etc. - impacted persons. depending on the specific conditions. Gender issues shall also be taken into account. The replacement cost includes the costs of delivery of Transportation costs associated with physical No payment procedures specified construction materials relocation shall be fully compensated, although for transportation costs and no physical relocation is expected under the involuntary resettlement. project. At the stage of DDE development, Any land acquisition and resettlement shall be avoided, if The alternative options shall be explored in order the proposals for acquisition of inevitable, they shall be minimized by means of exploring all to prevent or minimize the impacts. agricultural, high-yielding lands possible options. shall not be applied, if other land is available. 26 No assistance is envisioned for It is required to compensate the livelihoods and income lost Compensation for the loss of land or assets, or for temporary or irreversible loss of as a result of temporary or irreversible land acquisition and the temporary or permanent cessation of income income/livelihoods. other impacts caused by the project activities. streams.24 24The formula for estimating the compensation rate shall be developed and included in the relevant RAPs based on the eligibility matrix and compensation guidelines. 27 VII. METHODS FOR VALUING THE ASSETS 1. Methods of Valuation of the Project Affected Assets This chapter outlines the procedures for determining the value of assets affected by the Project. Types of Compensation Compensation will be paid according to the Compensation Eligibility Matrix and Compensation Guidelines for the following assets: • Compensation for land; • Compensation for buildings and structures; • Compensation for trees; • Compensation for temporary or permanent loss of business; • Compensation for other impacts specified in the Eligibility Matrix. All these types of compensation are indicative, and may be used in when preparing the detailed RAPs. The assistance shall be provided to vulnerable households. The estimation of compensations shall involve certified estimators in accordance with the provisions of the WB OP 4.12. Certified estimators are involved to determine the value of assets based on market prices for its inclusion in the RAP. Every year starting from the day of preparation of RAP, the RAP shall be reviewed to establish the adequacy of compensation. Inventory of Assets In the process of conducting the census, the inventory of losses shall be developed including the name and the estimated value of each asset based on the principles stipulated in RPF. The copy of the inventory of losses shall be shared with PAPs. The total list of affected assets and its indicated value, including any additional compensation measures, shall be registered and agreed with PAPs. At the same time, it should be defined that after the its approval by the World Bank and by CSP project coordinator, one copy of RAP to be shared with PAPs outlining the procedures for redressing grievances, and also submitted to local self-government bodies. 2. Methods of Asset Valuation Replacement Cost Method The replacement cost of land is determined according to the market prices on land with similar value and, if possible, located near the project impacted area, plus the fees for registration and re-registration of land ownership or land use rights. The cost of replacing the buildings and structures is determined by the cost of materials required for the construction or repair of the affected building or structure, plus the cost for delivery of the construction materials to the construction site, plus the contractors' labor costs and fees for registration and re-registration of ownership rights. However, the depreciation of the facilities and the cost of usable materials shall not be taken into account. Industrial Tariffs Scale The Ministry of Agriculture and Land Reclamation of the Kyrgyz Republic has the matrix of the types of compensation of damage caused by land acquisition, loss of crops, and uprooting of fruit trees. When using this scale, the prices/rates applicable during the actual period of replacement shall be applied. These prices/rates are being renewed annually on the basis of market price. The State Agency for Architecture and Construction under the Government of the Kyrgyz Republic has the scale of tariffs used for estimating the construction works, construction materials and labor input. When estimating the replacement costs, the prices/rates applicable during the actual period of replacement shall be applied based on the market prices. 28 The ARIS social specialist shall review these prices/rates at time of delivery of the compensation in order to ensure if these prices meet or exceed the replacement cost. The asset valuation shall be conducted by a certified consultant (estimator). ARIS consultants shall review these prices at the time of delivery of the compensation to ensure that if they meet or exceed the replacement cost. 3. Compensation for Various Assets Land Compensation The Kyrgyz State Agency on Registration of Rights to Land and Real Estate (State Registration Service of “Gosregisterâ€?) is the main State body responsible for, the management the unified state register of immovable property rights, administration of a unified regulatory policy on land relations, development of the real estate market, registration of immovable property rights and ensuring the state protection of the registered rights to immovable property, as well as carrying the topographic-geodesic and cartographic works carried out in the Kyrgyz Republic. The main tasks of the State Registration Service under the Government of the Kyrgyz Republic include: - development of methodology for determining the size of the valuation (standard price) of immovable property, including the land plot; - Estimation of the immovable property with the involvement of the state and independent estimators, the functions of which include: â–ª the development of methodology for the evaluation and determination of the value (standard price) of land to be compensated for losses caused by withdrawal (transfer) of land for the state and other non-agricultural needs; â–ª In case of withdrawal (transfer) of land for state and other non-agricultural needs, estimates losses of agricultural production, losses and lost benefits during land acquisition, withdrawal (transfer ) of land for the state and public needs, develops proposals for improving the standards of compensation to land users of their losses; In case of irreversible acquisition of land, firstly the possibility should be considered to provide formal users with the another plot of land. If there is no alternative plot available within a reasonable distance, the monetary compensation at the full replacement cost shall be paid. Besides, PAPs will receive compensation for improvements made on their lands, for example, the irrigation facilities at current market rates25, as well as the compensation for labor cost, equipment, and materials. In the event of partial acquisition of land plot belonging to PAP, resulting in the remaining land plot becoming unusable, the compensation shall be estimated at the cost of the whole land plot, i.е. for the part actually acquired plus the rest of the plot that became unsuitable for use and/or unabled PAP to sustain their livelihoods at the pre-project levels which. In case of temporary acquisition of land, where there may be crops, the compensation shall be provided at the full market value of mature crops, or based on the rates established by the Ministry of Agriculture, whichever is higher., in case the farmer is not the land owner, i.e. renter, the compensation shall be paid to a farmer, but not to the land owner. The Compensation shall also be paid for the lost fruit crops and other economic assets. In addition to the payment for crops, the land shall be restored to its original condition, so that it can be further used for agricultural purposes. Estimation of compensation for standing crops and fruit trees 25 So long as the market rates meet or exceed replacement cost 29 Current prices on standing crops shall be determined based on the rates established by the Ministry of Agriculture or the highest market prices, whichever is higher. The harvest to be estimated shall be the one which is currently farmed, or the one raised during the recent season. In case of acquisition of leased land, the compensation shall be paid for the entire agricultural season. If the land to be acquired is privately owned, the owner shall also be compensated for the entire yield of the agricultural season in addition to the alternative land plot or monetary compensation for land. Besides, the PAPs may harvest the crops before land acquisition. In order to allow timely harvesting and generation of the relevant income based on the market prices, it is necessary to consult the population in advance so that they could plan the harvesting process accordingly. The cost of labor input for the development of agricultural land shall be recovered based on the estimated amount of the average wage in this locality over a similar period of time. The amount of compensation for land shall be reconciles with the rates effective at the time of compensation. Compensation for fruit trees shall be paid at the cost of seedling of fruit tree, taking into account the number of years required for newly planted tree to reach its full maturity, including the cost of harvesting the fruits of tree within the specified time. Compensation for Structures PAPs will be offered two options of mitigation measures for the structures affected. Each PAP, or affected household, shall be allowed to decide for themselves the preferred compensation option. One option is the alternative facilities (warehouses, fences, etc.) of the equivalent or, if possible, better quality. The second option is the monetary compensation at the replacement cost. The replacement cost shall be estimated based on the following indicators: 1. specifications of structures and identification of materials used; 2. prices for these products shall be set based on the local market prices; 3. transportation costs and delivery of materials to the purchased/provided land plot or to the construction site; 4. estimates for the construction of new buildings, including labor costs; 5. all applicable taxes and registration fees. Compensation for Public Assets The public assets identified in the course the socio- economic survey shall also be compensated. In all such cases, in-kind compensation shall be provided, new facilities shall be built; facilities partially affected by the Project shall be repaired. Compensation for the loss of business The compensation shall be provided for the loss of sources of income during the construction period (the time interval between the loss of income and the recovery of business). The amount of compensation shall be determined based on PAP's daily or monthly wages. 30 VIII. INSTITUTIONAL ARRANGEMENTS 1. Roles and responsibilities The development of the Resettlement Action Plan shall be assigned to ARIS, acting on behalf of the Project Implementation Unit, along with the local self-government bodies participating in the Project. The external consultants capable to provide methodological, institutional or other support, if necessary, may be involved for the development of RAP. The resettlement planning activities include the preliminary review (screening), checklists (in Annex1), scoping of key problems, selection of the appropriate resettlement tools, and collection of data required for the development of RAP. These documents shall be developed involving the social specialist, technical specialist and legal expert, as well as the representatives from local community, project affected persons, and non-governmental organizations. The most important issue in the process of preparation of RAP is the financing of the compensation and other resettlement costs. The costs incurred for compensation due to land acquisition and/or asset impacts shall be financed from the Project budget. The RAPs shall be reviewed by the Project management. Once the RAP is approved by the Project manager, it will be submitted to the World Bank for final review and approval. The Implementation of RAP shall be carried out by ARIS, on behalf of the Project Implementation Unit, and the local self-government bodies participating in the Project. ARIS is also responsible for monitoring the implementation of RAP and ensuring its compliance with RPF and protective measures of the WB, and monitoring of the Resettlement Action Plan. According to the RPF, the implementation of the projects affecting th e private lands or assets can start only after PAPs or affected households receive all compensation for the impacts inflicted by theProject activities. All necessary measures related to immovable property and compensations for the resettlement and relocation shall be adequately carried out in accordance with RPF and subsequent RAP before the commencement of the project activities. The Activities to ensure the conformity with RPF should be defined in every Resettlement Action Plan. The Monitoring of the implementation of RAP is carried out by WB, local authorities, beneficiaries of the Project, the regional department of the State Registartion Services, NGOs. ARIS responsibilities include the following: • Preparation of RAP in cooperation with local self-government bodies involving PAPs; • Development of ToR for local consultants-estimators; • Ensuring the reliability of census of PAPs and their assets; • Obtaining all clearances from local authorities, PIU, and World Bank; • Informing the PAPs on the final RAP; • submission of RAP approved by the WB to all stakeholders; • Implementation of RAP jointly with local self-government bodies; • Payments to PAPs and estimators Responsibilities of local self-government bodies include the following: • Assistance to ARIS in the preparation and implementation of RAP; • Assistance to ARIS in the implementation of RAP. 2. RPF and RAP implementation arrangements Overview. ARIS shall be monitoring the process of planning and implementation of the resettlement activities, and coordinate all matters related to compensation. These activities shall include: a) Preparation, , disclosure and timely implementation of the resettlement tools (RPF and RAPs); b) Overall management and coordination of the evaluation activities to determine the level of resettlement; 31 c) Management of Safeguards Consultant, the activities of which include the valuation of assets and the provision of compensation in compliance with the requirements; d) Management of public consultations; e) Monitoring of the implementation of measures to provide compensation payments to PAPs f) Monitoring of the implementation of all resettlement activities, including grievance redress mechanism. The local government with the assistance of ARIS shall be responsible for the implementation of resettlement and compensation activities, such as the identification of boundaries of land plot and land owner under the Project. The bilateral Memorandum on Cooperation will be singed between the local self-government and ARIS on behalf of the project implementation unit. The Safeguards Consultant shall support the implementation of resettlement activities. The implementation of compensation activities within the project shall be assigned to local self-governments. ARIS safeguard consultant shall develop the RAP and provide support in the implementation of the resettlement activities. In order to assess the value of PAPs’ assets the local consultant- asset-estimator shall be engaged. The cost of the local consultant shall be made from the Project budget for RAP preparation and compensations. The activities carried out by implementing organization to provide the compensation, identify the boundaries and land owners within the Project shall be assigned to the authorized state bodies with the assistance of ARIS. and local self-government bodies. Local governments will develop RAP, if necessary, with the assistance of Project Safeguards Consultant. In order to assess the value of assets of PAPs, the local consultant-asset estimator shall be be involved. The costs of local consultant shall be covered from the Project budget. Assessment of the Project Scope The first step in the process of preparing RAP shall be to determine if the policy is triggered, using the checklist given in Annex 1. The assessment process identifies the land plots and assets that may be impacted (Annex 2). The assessment shall be carried out by ARIS Safeguards Specialist jointly with local self-government bodies involving PAPs to identify the types and nature of the potential impacts associated with the activities proposed for the implementation under this Project with a view to appropriate mitigation of these impacts. The assessment shall also outline that the prevention or minimization of the resettlement and possible impacts shall be the key criterion when preparing the RAP prior to commencement of the CSP sub-projects. The assessment shall be conducted based on the established criteria, and documented in the form of report on screening of the potential social impacts (see Annex 1-3) once the main technical decisions or detailed designs of sub-projects are adopted. The social specialist shall be engaged in the assessment of technical designs in order to suggest the alternatives that may reduce the impacts. The Voluntary Land Donation is accepted subject to free, timely and informed consultation process and also provided that this situation is adequately documented by local authorities. Thus the PAPs and affected household have the right to make the contribution in the form of land or other assets that they own without receiving or claiming for any form of compensation. These situations can be justified because the proposed sub- projects will directly benefit the PAP. The voluntary contributions of land shall not be allowed in case the impacts are greater than 10% of the total land area or productive assets. The Land donations shall not cause any negative impact on a person or household donating the land and receiving the benefits from the project. The Voluntary Land Donation Report shall be prepared and reviewed by the World Bank. (see Annex 5 for more details). 3. Resettlement Action Schedule The activities triggering the acquisition or loss of land, refusal or restriction of access to land, impact on assets, or loss of income, shall include the payment of compensations, and provision of other assistance for resettlement and preparation of the area where the PAPs will be relocated, establishing the area with appropriate conditions, if necessary. Acquisition of the land and respective assets shall be possible only after the full payment of compensation or the alternative lands are provided, and, if applicable, after the resettled persons are provided with land and assistance in resettlement. In cases of physical resettlement, which is not 32 expected under the project, the construction/provision of new place of residence shall be carried out and completed before the PAP may experience any negative impacts from the project activities. The measures to ensure the compliance with RPF, and the World Bank Involuntary Resettlement policy, shall be defined in RAPs (or abbreviated RAPs, where applicable) to be developed for the projects triggering the resettlement. The RAPs shall include the schedule for implementation of resettlement activities, including all steps: starting from the preparation to the completion of works, indicating specific deadlines for achieving the intended benefits both for PAPs and the local community, and termination of various forms of assistance. The final RAP identifies all agencies responsible for each step defined in the RAP including budgeting and payments. The parties of the project (local administrations, contractors and PAPs) shall also agree on how these activities are related to the implementation of the project in general. The final version of RAP shall be published on ARIS website, the World Bank website, and shared at the local level in places easily accessible to PAPs. The planning of these measures will ensure that no land or assets of any person or family shall be acquired until the compensation is paid and, in case of physical displacement, the relocation area shall be ready and with appropriate conditions established for the resettlement of PAPs. The asset acquisition and compensation shall be paid to PAPs upon their written consent. 33 IX. GRIEVANCE REDRESS MECHANISM & BENEFICIARY FEEDBACK MECHANISM The project will adopt a Beneficiary Feedback Mechanism (BFM) to enable the project beneficiaries and the citizens of the Kyrgyz Republic to provide feedback on the project. The BFM is a process of receiving prompt, objective information, evaluation and consideration of appeals (claims, suggestions, complaints, requests, positive feedback) related to all ARIS projects, and will include the CSP. This BFM/GRM includes a grievance redress mechanism for any resettlement compliant as required by World Bank policy OP4.12. In accordance with the Law on “the procedure of citizen’s appealsâ€? and internal regulations of ARIS work with the appeals, citizens/beneficiaries may send any appeals on the issues related to the implementation of ARIS projects at all implementation stages, including the Resettlement Program issues (to identify resettlement needs); follow the procedures of involuntary resettlement in accordance with the laws and regulations of the Kyrgyz Republic and WB OP policy 4.12 on Involuntary Resettlement. Scope of BFM/GRM. Beneficiaries Feedback Mechanism (BFM/GRM) and will cover all villages in the Kyrgyz Republic where CSP is being implemented. Principles. Project stakeholders are those who are likely to be directly or indirectly affected positively or negatively by the project. Project stakeholders have, among others, the following rights under the project: • Right to information • Right against inappropriate intervention by an outside party • Right to a project free of fraud and corruption. Any stakeholder (including village residents, contractors, project staff, authorities and other parties involved) can file a grievance, if he/she believes that one or more of the rights mentioned above, or any of the project principles or procedures have been violated, a. Information about the BFM/GRM, including contact details, is distributed in all participating villages at public meetings through brochures/pamphlets in local languages to the extent possible, and posted at the AO boards. b. The BFM/GRM offers a number of different channels for providing feedback. Villagers and stakeholders themselves decide on the best ways to file complaints. c. Grievances are disclosed publicly, but no one who files a grievance is identified unless they self- identify. The identity of all those who have filed grievances is treated with confidentially. d. There is no charge for filing a grievance. e. The timeframe for responding to a grievance should not exceed 30 days from the time the grievance is originally received. Grievances should be resolved within 90 days of receipt. f. Grievances are resolved locally, at the lowest level, if possible. If not, they are “escalatedâ€? or sent up to a higher level within 30 days. Anyone may convey comments or suggestions about any aspect of the project through the BFM/GRM. Comments, suggestions, appreciations, or questions should be recorded and submitted to the BFM/GRM handling officer of the ARIS Central Office to provide an answer in coordination with relevant project staff, ensuring that responses are in line with the Operations Manual. Channels for feedback. Within the framework of CSP ARIS, the following channels will be established through which citizens / beneficiaries can apply at various stages of CSP implementation: a. Hotline (calls are received 24-hours; conversations will be recorded) b. WhatsApp (a system of immediate text messaging for mobile devices with voice and video connections) 34 c. Social media (Facebook, Odnoklassniki) d. ARIS web-site: www.aris.kg e. Verbal or written appeal received during the on-site working meetings or via C-VIA, youth facilitators and/or CDSO f. Incoming correspondence via ARIS reception g. Incoming correspondence via e-mail. h. Information online-platform is on the official ARIS website, and there is the information about BFM/GRM on the site, where beneficiaries and other project stakeholders can leave their appeals or grievances. (link: https://kyrgyz-demo-republic-village-covid- 19.yrpri.org/post/25458) ARIS information online-platform, was created during the period of coronavirus infection dissemination and coping the pandemic in the Kyrgyz Republic, plays significant role in receiving of feedback from beneficiaries and other project stakeholders. This platform can receive the information or leave the comment in BFM/GRM about project objects construction progress, environmental and social safeguards, research and surveys results, conducted by project, that contributes the objectives of the project and beneficiaries needs. Beneficiaries Feedback Mechanism shall ensure flexibility and availability of using above-mentioned channels to the citizens/beneficiaries, anyone wishing to submit an appeal. The work with citizen’s/beneficiaries’ appeals is carried out by ARIS specialists responsible for the implementation of Beneficiaries Feedback Mechanism. Steps for Processing and Responding to Feedback. Step 1. Logging of feedback. For the purpose of consolidating, analyzing and providing unified data (reports to donors, ARIS Executive Director and project coordinators), all appeals are logged. a. Appeals received by written correspondence or verbal report are included in the log of BFM/GRM and are entered into GRM configuration in 1C program to analyze and monitor incoming correspondence with the following information (depending on what is provided): • Name and surname • Registration and residential address or telephone number • Contents of the request • Other background information. The appeals may be submitted anonymously. In cases where the appeals were received in the absence of any of the above data, it is recorded in the log of incoming correspondence of the BFM, and the results of the appeal will be published in the media at the local level, on the ARIS website or made public at the session of the AK. b. Appeals received electronically (around the clock) through the BFM/GRM channels (e-mail, hotline, social networks, etc.) are automatically registered in the BFM configuration in the 1C system. The privacy shall be ensured in all cases including the case when the identity of a person submitting the request is known to avoid a conflict between the interested parties. Step 2. BFM/GRM Categories Sorting / distribution by category. When appeals are received, the BFM specialist distributes them by categories in the BFM configuration in the 1C system. â„– Categories Classification 35 1 General enquiries 2 Grievances regarding violations of policies, guidelines and procedures 3 Grievances regarding contract violations/breach of contract 4 Grievances regarding the misuse of project funds 5 Grievances regarding abuse of power/intervention 6 Reports of force majeure 7 Suggestion 8 Appreciation In order to ensure the complex work with beneficiaries’ appeals regarding safeguard measures, the appeals received have to be distributed by the BFM Specialist in the BFM configuration of 1C System â„– Safeguard measures Classification of measures (during construction and operation) 1. Environmental (biological) Flora fauna 2. Social health safety resettlement policy an access of communites to existing communications aesthetics and landscape preservation of cultural heritage conflicts 3. Physical soil water resources air quality Step 3. Action/Response. Once sorted, cases categorized as a grievance (Category 2-6) are assigned to a responsible individual for investigation if needed. The staff handling the complaint gathers facts and clarifies information in order to generate a clear picture of the circumstances surrounding the grievance. Verification normally includes site visits, a review of documents, a meeting with the complainant (if known and willing to engage), and meetings with those who could resolve the issue (including formal and informal AA leaders). For grievances related to the misuse of funds, it may also require meetings with suppliers and contractors. The responsible individual will agree an action plan with the BFM Officer and set a deadline for resolving the issue. • If the grievance relates to an AA, the BFM specialist forwards it to the respective Oblast Coordinator. • If the grievance relates to an Oblast issue, the BFM specialist forwards it to the CSP Coordinator. • If the grievance relates to a Central Office issue, the BFM specialist forwards it to the Executive Director. • The relevant officer and the BFM specialist decide on a course of action within 2 weeks of receiving the information. Step 4. Notification. If the person sending feedback is not anonymous, they will be sent a notification via telephone or other BFM/GRM channels that their grievance is being investigated. The notification will be registered in the log of outgoing correspondence. The BFM/GRM Officer will provide the following information: • Name and surname of the executor (project specialist) to which the appeal was forwarded. • Deadlines for the execution (minimum 30 days, maximum 60 days since the day it was registered). • Deadlines and actions are determined in accordance with the ARIS BFM instructions on handling grievances. 36 Step 5. Follow Up. Once the investigation is complete, the beneficiary will be notified of the decision made by ARIS regarding their case. The citizen/beneficiary has a right to appeal is not satisfied with the resolution of the case. Instructions on appeal will be provided with the response. Step 6. Appeals. Appeals are considered by the ARIS special Review Committee. The Executive director of ARIS will form the Review Committee from project managers and head of departments that will conduct appeal hearings. The Review Committee will consist of [X] people including [X] people from BFM and [X] people independent from project implementation unit and the Government of the KR. After review of the appeal the citizen/beneficiary unsatisfied with the solution received has a right to appeal against the decision in court. Public Awareness-building on BFM/GRM. Information on the BFM will be disseminated to all beneficiaries and people having been influenced by ARIS projects via regular information channels (for instance, TV and radio companies, printed media, radio stations, news agencies, social media) including organization of meetings, roundtables, public hearings (including on resettlement or compensation), working meetings at all stages of ARIS projects implementation; and through ARIS BFM/GRM training module and other awareness sources. ARIS will provide information on the scope of Beneficiaries Feedback Mechanism, eligibility criteria for submission of the appeals, procedure of appeal submission (where, when and how), deadlines of response, as well as the privacy principle and the right to submit anonymous appeals. Awareness building will be conducted annually. They will be designed by the ARIS communications team to encourage the use of the BFM/GRM and publish information on complaints received and resolved. The campaigns will use local media (e.g. TV, newspaper, radio). When organizing and conducting these campaigns, special efforts shall be made to reach vulnerable groups. The campaigns should include information on the scope of the BFM/GRM, the eligibility criteria to make a complaint, the procedure to make a complaint (where, when and how), the investigation process, the timeframe(s) for responding to the complainant, principle of confidentiality and right to make anonymous complaints. Publication of the Appeals. After the APPEAL (applications, suggestions, complaints, requests, positive feedback) is resolved to encourage BFM/GRM use, measures taken to resolve the appeal will be published in mass media at the local level. Upon request the identity of an appealing person will be kept in secret. Reporting on BFM Progress. Quarter and annual reports of ARIS projects shall include Section related to Beneficiaries Feedback Mechanism which provides updated information on the following: • Status of BFM/GRM formation (procedures, training, population awareness campaigns, budgeting etc.); • Qualitative data on number of received appeals (applications, suggestions, complaints, requests, positive feedback), of them the appeals related to the WB policy OP 4.12 on Involuntary Resettlement and number of resolved appeals; • Quantitative data on the type of appeals and responses, issues provided and remained unsolved; • Level of satisfaction by the measures (response) taken; • Any correction measures taken. Monitoring BFM Effectiveness. In addition, the following measures will be taken to monitor whether the BFM/GRM is functioning as intended: • During the social audit open meetings, villagers discuss the effectiveness of the grievance handling system and gather suggestions on how to improve it. • In its regular supervision visits, the CSP Central Office will assess the functioning of the grievance handling system. 37 • The CSP team and World Bank jointly review BFM/GRM monitoring data as part of regular implementation support missions. 38 XI. MECHANISMS FOR CONSULTATIONS WITH AND PARTICIPATION OF IMPACTED PERSONS IN PLANNING, IMPLEMENTATION AND MONITORING 1. Arrangements for consultations with PAPs Since the project activities are be based on community-driven decisions, the local community members will gather at the local venue to discuss the project priorities. The Local government and project representatives will speak on the project goals to initiate public discussion on the project options and assist communities in making their decisions for the project proposals. The participants will be selected among ayil okmotu, deputies of local keneshes (councils), state architectural departments, state ecology agencies, Raion sanitary epidemiological services, etc., as well as NGOs and local residents. The PAP shall be consulted during the implementation of the Project. During the Project implementation, the PAP will be consulted at all stages: - prior to commencement of CSP implementation, consultations shall be held to discuss the RPF with the stakeholders; - after determining the construction sites, the CSP team shall consult the PAPs affected directly in order to inform them and receive their feedback about the project, its scale and impacts. These consultations may result in changes of the project scale or design to minimize the impacts, requirement in resettlement; - preparation of PAP census shall begin once the inventory and asset assessment is completed, the CSP Safeguards Specialist / Consultant shall discuss the details with PAPs and affected household, to ensure the inventory assessment is acceptable to them; - Once the RAP is completed and approved by the Bank, the PAPs/ affected households shall be provided with a copy of RAP in a language and form accessible to them; - prior to commencement of the sub-project implementation, the proposed amount of in-cash or in-kind compensation shall be discussed with each PAP/affected household for their prior consideration and approval before providing the compensation; PAPs are entitled the right to have a third party of their choice to be present, most likely the deputies of ayil kenesh (council), before the final transfer of assets. The PAP may file a complaint at any time, in accordance to the above procedures. The relevant materials shall be provided in time before the consultation are held in a form and a language accessible to residents consulted. Prior to the implementation of resettlement measures, the community shall be given enough time to review and discuss the information they were provided with. The community feedback shall be included in the design of RAP during its development and implementation and, if necessary, the implementation of the project on a wider scale. The consultations will be recorded in the minutes detailing the consultation process: the participants, the issues considered review, the nature of the information provided, the questions and answers raised. The consultation report should also include the demographic data of the participants (gender, age, interest groups, etc.). 2. Monitoring and Evaluation Arrangements Overview The monitoring arrangements shall correspond to the overall monitoring plan of the whole Project to be implemented by ARIS. All RAPs shall include the main objectives that would allow the evaluation of the performance of RAPs, including the following: (i) individuals, households and communities affected by the Project shall be able to maintain and even improve their pre-project living standards; (ii) local communities shall support the Project; (iii) the number of complaints and claims addressed. 39 In order to evaluate the accomplishment of tasks, RAPs will define the indicators to be monitored, the stages of monitoring and the resources required for monitoring. All the data collected on any identified vulnerable person or household shall be broken down by gender. ARIS specialist will introduce the administrative reporting system that shall: - provide updated information on all resettlement resulted from project activities; - identify unresolved complaints; - timely record the fulfillment of project obligations related to resettlement and compensation issues; - assess whether all PAPs received compensation in accordance with the requirements of RAP. The indicators will be defined in RAP. The information on these indicators will be collected by ARIS safeguards specialist on a regular basis (for example, on a quarterly or semi-annual basis, as necessary); the progress will be updated as well. Monitoring of RAP Implementation The Safeguards Consultant responsible for RAP development: I. Shall be responsible for collecting the baseline data on all physical or economic impacts arising from the project, including: a) number of affected households and persons, resettled physically, or economically impacted as a result of each activity, including the number of RAPs required; b) baseline data on livelihoods, which may include such indicators as access to health, education, water, electricity, and income opportunities, quality of housing, food security, c) period from finalizing the design to the payment of compensation to PAPs; d) period from the payment of compensation to the commencement of construction work; e) amount of compensation paid to each family (in monetary terms), or the nature of compensation (in-kind); f) number of people that have complained about the project; g) number of resolved and unresolved complaints. II. Monitor the timely compensation payments to each PAP or household. III. The consultant shall maintain the complete database of resettlements updated semi-annually and become a part of the CSP official documentation. The final report shall be developed, comparing the livelihoods indicators after the implementation with the pre- project indicators, to ensure the PAP have improved, or as minimum, maintained the pre-project level of their livelihoods. The independent consultant-estimator shall be engaged for this assessment. 3. Summary of consultation on draft RPF During the period between 13 and 25 of July 2020 the information disclosure and public consultations have taken place to discuss the developed documents for the project implementation: (1) Environmental and Social Managmenet Framework (ESMF), (2) Resettlement Framework Policy, (3) Stakeholders Engagement Plan (SEP). These documents were published on ARIS website. http://www.aris.kg/ru/proekty_aris/realizuemye_proekty/proekt_podderzhki_mestnyh_soobschestv_kyrgyzsk oj_respubliki_casa_1000/ramochnye_dokumenty_po_sotsialno_ekologicheskomu_upravleniju on Russian language and on the online platform developed “Your Prioritiesâ€? developed for the project: https://kyrgyz- demo-republic-village-covid-19.yrpri.org/group/3282. 40 Image 1. Screenshot of the platform main page Adaptive Consultations Mechanism The social mobilization specialists of ARIS Regional Osh Office created WhatsApp group to conduct public consultations in Osh, Batken and Jalal-Abad Oblasts. The separate groups were created for public and state bodies. All state bodies from the above oblasts also joined the single common Whatsapp group. Image 2 Screenshot of Whatsapp groups The online platform allows for feedback and suggestions. The links to the online platform for feedback, requests or suggestions to be provided from participants were given on a mandatory basis. Image 3. Screenshot to the online platform – for comments section 41 In case the participants have any problems with the online platform, they may request support in the respective WhatsApp group. Pic4. Screenshot of WhatsApp groups – comments The participants were given a summary presentation in Russian language, outlining such data related to: (1) the project itself and its components; (2) objectives and summary of framework documents; (3) possible socio- economic risks during the project implementation; (4) WB Involuntary Resettlement policy; (5) preparation of RAP in case it has been found that some land plots and assets have to impaced by the Project; (6) key stakeholders; (7) BFM. 42 ANNEX 1: FORM OF SCREENING REPORT OF THE EXPECTED SOCIAL IMPACTS Sub-project_______________________________ location of the Sub-project implementation _____________ (Indicate location of the implementation with the designation on the map-scheme with photos) Activity: ________________________________________ (new construction, reconstruction, rehabilitation, repair) Estimated cost ____________ Estimated start of commencement: _______________________________ Reviewed technical drawings / specifications: ____________________ Possible Involuntary Resettlement/Social Impacts Yes No Not Details Known 1. The project activities include the new physical construction work 2. Activities include upgrading or rehabilitation of existing physical facilities 3. Activities are likely to cause permanent damage to or loss of housing, other assets, use of resources 4. The site chosen for the works is free from encumbrances and owned by the Public/State/community 5. The sub-project requires the acquisition of private land 6. In case the land is privately owned, it may be purchased through negotiation? (by mutual agreement) 7. , the actual size of the land and the ownership status are known, in case the land has to be withdrawn 8. The land owners willing to voluntarily donate provide the required land plot for this sub-project 9. The affected land owners are likely to lose more than 10% of their land/structure area because of donation 10. The land for mobilization or transportation of the construction materials within the existing land/access right on passage 11. The non-titled people live /conduct business on the proposed site/location for the construction under the project 12. Probable temporary impacts 13. Possibility of relocation, closure of business/commercial facilities/livelihood of PAPs during the construction 14. Any temporary or permanent physical relocation of persons due to construction 15. The project involves the resettlement of any PAP. If yes, give details. 16. loss of /damage to the agricultural lands, standing crops, trees 17. loss of incomes and livelihoods 18. people permanently or temporarily lost access to the facilities, services, or natural resources 19. project caused the loss of employment/jobs 43 20. project generate excessive labor influx as a result of new construction 21. The construction activities require additional/skilled labor outside the locality 22. The subproject/construction activities result in destruction/disturbance among the local residents 23. The construction of new buildings, drainage lines degrade/damage public buildings/resources/adjacent houses, wells, lands cemeteries, playgrounds, schools and etc. 24. The activates result in reducing the labor force (reducing the staff) of any institution/body 25. The activities result in unintended consequences, such as accidents/destruction of the adjacent buildings 26. vulnerable groups (including minority groups, indigenous people living in proposed locations may be affected by the project interventions? Conclusions and recommendations The answers will define whether further actions under Involuntary Resettlement OP 4.12 are required Consultant’s full name: _____________________________________ Signature: _________Date: ________________________ 44 ANNEX 2: PAP CENSUS FORM AND INVENTORY OF THE LAND FUND Household interviews name age Family Rented or Asset gender employment provider owned affected by Marital status housing Does the the project family and level of family receive (business, income education social access to m f yes no yes no level assistance? land, access to municipal lands etc.) 1. 2. 3. Consultant’s full name: ________________________________Signature: _______________________Date:___________ ANNEX 3: INVENTORY OF LAND FUND OF PAPs Location_________________________________________________ Date: _________________ â„– Full name of Amount of Total land area Land area to Total The area Loss of harvest Other Loss of assets % (m², household households owned by the be loss % of Loss losses, Of m, pcs, etc.) (specify head family, incl. the withdrawal (specify the interview the type and number of ownership m2 / ha type of loss: of assets: structures, housing rented rights, fences, wells, etc.) stock, housing, irrigated land (m²) building, and rain-fed land etc.) Permanent Temporary Fruit trees, Loss of crops Other type and (specify) quantity, (pcs.) 1. 2. 41 INTERVIEWER NAME ________________________Signature____________________/ Date__________________________/ ANNEX 4: PAP RIGHTS TO OBTAIN COMPENSATION â„– Full name of Compensation for land Compensation for construction Compensation for crop and Of household head trees Compensation for other assets and losses (wells, business, etc.) interview amount (m² Unit price Right Unit price Right Number (m² Unit price Right Unit price Right Number Number or hectares) per per (m² or or ha) per per (m² or ha) (m² or ha) (m² or (m² or (m² or ha) ha) ha) ha) INTERVIEWER NAME ___________________________Signature________________________/ Date __________________________/ ANNEX 5: VOLUNTARY LAND DONATION PREPARATION OF THE VOLUNTARY LAND CONTRIBUTION REPORT the project implementing unit shall prepare the voluntary land contribution report for sub-projects with voluntary land contributions, consisting of: â–ª Voluntary land contribution report (VLCR); â–ª Map of Topographic Survey; â–ª Schedule of Land Acquisition, if applicable; â–ª List of Voluntary Contributions of Land and other assets; â–ª List of persons participated in Land Survey taking into account the gender equality; and â–ª Minutes of two meeting: 1) The minutes of awareness meeting regarding the rights of the land users, and 2) The minutes of the meeting on the discussion nand agreement of the related issues. VOLUNTARY LAND DONATION (VLD) FRAMEWORK Based on the local practices, the communities may choose to voluntarily contribute the land or assets without seeking for compensation. This can often be justified by the fact that these sub-project may provide direct benefits to the affected people. 1. The scope of voluntary land donation. VLD may be applied to beneficiary communities without any involuntary land acquisition and based on the community-driven demand. VLD shall be accepted in case it is the small areas of private lands and small scale assets and the affected users agree to provide their land and other assets as a voluntary contribution to the sub-project. No person or family shall lose more than 10% of their land. Besides, the land to be voluntarily donated shall be free of any houses, structures or other fixed assets. The report on VLD shall be prepared confirming the land users were fully informed about the sub-project and their rights to refuse to give their lands and other assets without seeking for compensation. This report shall be titled as the “Voluntary Land Donation Report.â€? 2. Voluntary contribution is an act of informed consent. The Project implementation unit shall ensure the voluntary contributions are made with prior knowledge of other available options, including compensation based on the replacement costs, and accepted without coercion or pressure. PAPs shall have the right to refuse to donate their land or assets, and shall also be granted with the right for compensation for lost lands and assets. They shall be fully informed of their rights and the access to grievance redress mechanisms described in this RPF. 3. Due Diligence. The voluntary land donation due diligence shall be documented in report on feasibility study of the subproject investment and incorporate at minimum the following: a) Verification and documentation of the fact that the land required for the project is provided voluntarily and there are no current disputes over the ownership rights or any other encumbrances; b) Verification that no individual household will be impoverished by donating the land (i.e., no more than 10% of the total land fund shall be donated). This will require the community development groups to negotiate the measures of reestablishment of livelihoods such as the reduction of operation and maintenance fees or sharing the cultivable land; c) Verification that the land donation does not displace the tenants or suspend their labor activities, if any; d) Informed consultations were carried out in good faith with all potential land donors. Documented verification of the fact that the land donors have nothing against the subproject and its benefits. In order to ensure the effective engagement, the Separate discussions shall be held with women and community groups; 4. Documenting. The sub-project staff will document the voluntary land donation reports in each beneficiary- community where the donation of private land is required. They will ensure the filling of written consent for voluntary land donation by land donators. The donation shall be verified by two witnesses among the community leaders but not among direct beneficiaries of the investment intervention in order to ensure that the land was voluntarily donated without any duress or pressure. The information on voluntary land donation shall be verified during the development of the sub-project detailed design and shall be updated as necessary. 48 5. Monitoring of Voluntary Land Donation. The voluntary land donation issues shall be monitored by sub-project staff. The World Bank will review the forms of land donation agreements on a periodic basis and randomly interview the donators. During the review missions, WB will verify if the eligibility of land donation has been ensured in accordance with the procedures described above. 6. Grievance Redress Mechanism. The expected grievances may relate to coercion to donation the land or donate more than 10% of private land fund, which may lead to impoverishment. Any complaint shall be review by means of the grievance redress mechanism established for the subprojects. 49 ANNEX 6: INDICATIVE CONTENT OF THE RESETTLEMENT ACTION PLAN AND ABBREVIATED RAP 1 GENERAL DESCRIPTION OF THE PROJECT 1.1 Definition of the sub-project boundaries 2 EXPECTED EFFECTS 3 RATIONALE FOR THE BASIS OF RESETTLEMENT POLICY. TASKS AND PRINCIPLES 4 LEGAL FRAMEWORK 5 CATEGORY OF PERSONS WHO HAVE THE RIGHT TO COMPENSATION AT RESTLLEMENT 6 CENSUS OF PROJECT AFFECTED PERSONS (PAP 6.1 Assessment of compensation measures 6.2 Identification of vulnerable people among PAPs 7 CONSULTATIONS AND INFORMATION OF PAP 8 INSTITUTIONAL RESPONSIBILITY 8.1 GRIEVANCE REDRESS MECHANISM AND SATISFACTION OF COMPLAINTS. 8.1.1 Grievance Redress Mechanism is as follows 8.1.2 Management of registered complaints 9 RAP BUDGET AND IMPLEMENTATION MECHANISMS 9.1 The budget of this RAP is 9.2 Disclosure and approval of the RAP 9.3 Monitoring of RAP implementation ANNEX 1: Form of screening report ANNEX 2: Map scheme with designation of PAP facility ANNEX 3: Household interview, inventory of assets, right of PAPs to compensation ANNEX 4: Mayor Decree No. ____ "On allocation of land for construction of tanks ANNEX 5: AO DECISION â„– ___ dated ___ "On allocation of plot on the site ___ for construction of the WDU" ANNEX 6: MINUTES of consultations with PAPs ANNEX 7: Commission report on survey / identification of social impact APPENDIX 8: MAYOR INSTRUCTION â„–__ dated ___ "On reimbursement of monetary compensation for PAP ANNEX 9: PAPs’ LETTER agreeing on the amount of compensation ANNEX 10: APPLICATION FORM for COMPLAINT ANNEX 11: PHOTO 1. PAP facility, PHOTO 2-3. ANNOUNCEMENTS ABOUT THE DATE OF TERMINATION, PHOTO 4-7 CONSULTATIONS 50