E4562 MANUAL ON LAND ACQUISITION POLICY PROCEDURES (LAP) IN COMMUNITIES Bishkek-2010 This manual is intended to help the Community Development Support Officers (CDSO), ARIS oblast and regional specialists with organizing and conducting social mobilization of communities with a view of the land acquisition policy procedures (LAP), as well as with activity of engineering services officers (ESO) under the Village Investment Project (IVIP). Table of content General provision Training schedule Hand-outs Instruction for Community Development Support Officers (CDSO) on providing consultations KYRGYZ REPUBLIC’S COMMUNITY DEVELOPMENT AND INVESTMENT AGENCY Introduction Kyrgyz Republic’s Community Development and Investment Agency (ARIS) implements the Village Investment Project (VIP) aimed at facilitating the overcoming rural poverty and strengthen local governance in the Kyrgyz Republic by supporting community development initiatives. One of the VIP objectives is to assist local communities and government agencies to cooperate to achieve key development objectives at the local level. VIP provides financial and technical assistance to the local community initiatives for which villagers and local authorities cooperate in long-term strategic planning, selection of investments and implementation of microprojects. Financial assistance takes the form of grants to communities, and technical assistance is provided in the form of training programs aimed at developing the capacity of local communities (village and ail kenesh territory) and institutions (ail kenesh, aiyl okmotu administration, community organizations, etc.). Justification for a framework rather than a detailed plan  The Village Investment Project has supported the realization of thousands of micro-projects for social infrastructure and income-generation in hundreds of villages across the Kyrgyz republic.  The sites for micro- projects are selected by the communities (often owned by ayıl ökmötü) as part of a social mobilization process.  Therefore it is impossible to know in advance where these micro-projects will be located and how many people might be adversely affected.  As such, representatives of ARIS working in communities cannot prepare a detailed plan which identifies potentially affected persons, what they might lose as a result of micro-projects etc… Therefore, ARIS has prepared a framework outlining how land acquisition planning can be integrated into social mobilization process.  The risks of displacement of formal or informal users of land as a result of micro- project realization are relatively minor.  This is so, as most micro-projects will be realized on ayıl ökmötü land dedicated for the public good or land voluntarily donated by private persons for the public good.  However, there is some risk that micro-projects result in the disruption of private leases, informal encroachment on ayıl ökmötü land, or be implemented on sites where there title to the land is under dispute (subsequently disrupting the utility of the investment).  Which is why this framework is necessary – in order to mitigate potential risks. One of the directions of consultations is increasing the local communities’ capacity in implementation of land acquisition policy procedures integrated into the social mobilization. To implement this direction under VIP, a matrix of social mobilization procedures with land acquisition policy (LAP) and ESO, manual on land acquisition policy framework are developed. The main purpose of these documents is to inform and instruct communities on how to implement these procedures under VIP, what actions should be taken to implement them and what documents should be issued. To achieve this goal, as well as to develop capacity of local community, ARIS provides advice and conducts training sessions at aiyl okmotu level. Topic: Activity on procedures of the land acquisition policy (LAP) and engineering services officer (ESO) in the community The objectives of consultation are: (a) familiarizing members of the Local Investment Committees (LIC), Village Investment Committees (VIC) and the Local Government representatives (aiyl okmotu) with the principles and procedures of land acquisition policy and the activities of engineering services officer (ESO) in the community (b) getting by them practical skills to carry out activities under the land acquisition policy and engineering services (ESO), registration of necessary documentation. The objectives of consultation are: A. Achieving understanding by communities members of: • Common goals, objectives of the land acquisition policy and ESO; • Functions and powers of LIC, VIC, LSG and MPG members in these processes;  stages of their conduct. B. Gaining by community members practical knowledge and skills in: • planning activities for land acquisition policy; • planning ESO activities; • independent implementation of procedures; • completion of necessary documentation. Expected Outputs Participants know and understand: • Common goals, objectives of the land acquisition policy and ESO • the need for planning • functions and powers of LIC, VIC, MPG in these processes; • what activities should be undertaken under the land acquisition policy procedures and ESO activities • office work and circulation of documents; • main stages of the land acquisition policy procedures. Participants will receive skills in: • planning activities for land acquisition policy procedures and ESO activity; • preparing terms of reference to select consultants; • filling checklist for micro-projects, falling under the land acquisition policy; • paperwork for implemented activities • preparation of contracts. Participants: The main participants will be representatives of LIC, VIC, local government, engineering services officers. Venue: cluster at the ayil district level Duration: 1 day Work methods: brainstorming, presentation, small group work, individual work, general discussion, mini-lectures, role playing Language of consultation: Kyrgyz, Russian Supporting materials: • visual materials Hand-outs: 1.1. HO «Land acquisition policy framework» 1.2. HO «VIP social mobilization matrix» 1.3. HO « Matrix of Land acquisition policy activities in VIP» 1.4. HO «Entitlement matrix» 1.5. HO «Checklist of compliance of micro-projects with Land acquisition policy» 1.6. HO «Letters of VIC, LIC regarding LAP» 1.7. HO «Grievance procedures» Schedule of consultations on subject: «Activity on procedures of the land acquisition policy (LAP) and engineering services officer (ESO) in the community» Total Objective Stages Duration Work methods Hand-outs Expected outputs duration Introduction • Registration of participants Moderation - confidential atmosphere • Familiarization 5 min. developed; • Identification of expectations 5 min. - work rules developed; • Development of work rules 5 min. - expectations of participants identified. Explanation of 1. Brief information on land 15 min. Mini-lecture, HO «Land - extension of knowledge about goals and acquisition policy framework, Village question/answer acquisition land acquisition policy framework objectives of investments. policy - understand what activities are the land 2. Familiarization of participants framework» implemented under LAP; acquisition with VIP social mobilization 25 min. - understand LAP goals and policy under matrix. objectives in VIP VIP 3. Explanation of LAP goals and 5 min. objectives in VIP Provide 1. Participants answer the Brain-storm, Matrix for • members can explain the goals, understanding of following questions: What LAP common SM&CB objectives of LAP activities, land acquisition activities are needed for? Who are discussion, mini- with LAP determine the participants of this policy activities the participants of this process? lecture, process, planned time costs, the How long is the process? When full question/answer rationale for LAP activities cycle of LAP activities in VIP is necessary? The answers received shall be commented, correct wording shall be given 2. LAP 10 min activities shall be clarified. (О 10 min Explain the need for Explanation of the need for 10 min mini-lecture, Matrix for Participants understand: decision-making at informing at VIU and LIU meetings. question/answer SM&CB with - the need for VIU meetings and Documenting the decisions taken at LAP, minutes of informing at meetings LIC conferences on the meetings. Preparation of letters meetings – Documenting the decisions the land acquisition from VIC and LIC. taken policy Inform about the 1. Participants answer following 10 min Brain-storm, Matrix for Participants understand: parties involved in questions: common SM&CB - Who are the participants in the the land acquisition Who are the participants in the LAP discussion, mini- with LAP, LAP activities policy activities activities lecture, MP Functions of LAP activities questions/answers Checklist - participants on LAP Forming a commission to study the MP facility Filling MP Checklist on LAP The responses shall be commented and given formal definition. 2. Explain what main information on 10 min MP should be included in the checklist for LAP. 3. Explain how a survey of MP facility can be conducted, what are 10 min the requirements to the deadline for preparation of MP Checklist on LAP Provide Participants shall be divided into three Work in small Forms for - Participants а) know how to practical groups and work independently in a 20 min groups, individual filling. undertake LAP activities: what knowledge given direction. In practical lessons the work, role playing, documents should be skills for trainer returns to the slides, it contributes 40 min presentation, prepared and by whom; undertaking to good memorizing of the material. discussion of b) have skills on implementing LAP activities 1. Undertaking LAP activities in the executed works, required activities and absence of MP questions/answers. preparing required documents 2. Undertaking LAP activities in the presence of MP falling under LAP 3. Filling MP checklist for LAP (3 types of MP) Summing-up KYRGYZ REPUBLIC’S COMMUNITY DEVELOPMENT AND INVESTMENT AGENCY HAND-OUTS TO THE MANUAL «LAND ACQUISITION POLICY PROCEDURES (LAP) IN COMMUNITIES» H-O “LAND ACQUISITION POLICY FRAMEWORK IN VIP� H-O “MATRIX OF SM IN VIP� H-O “MATRIX OF LAND ACQUISITION POLICY ACTIVITIES IN VIP� H-O “CHECKLIST ON COMPLIANCE OF MP WITH LAP� H-O “GRIEVANCE PROCEDURES� H-O “ENTITLEMENT MATRIX�