Syunik Marz: “Peras“ environmental NGO “ Club of Environmentalists-Ecologist“ environmental NGO “ITEK“ NGO “GEA“ environmental NGO “LAS“ NGO “Ekosis“ environmental NGO “Social Fund of Millennium Development“ Fund Lori Marz: Aarhus Centre Lori branch and member NGOs Construction Contractor The construction contractor is responsible to: Update the RAP (in coordination with HVEN) for any modifications made during final design. Implement RAP / RPF provisions due to modifications and impacts occurring during pre-construction and construction process related to disturbances and resulting compensation payments, respect of suitable construction periods in agriculture areas (to minimize destruction of crops) in addition to implementation of ESMP etc. Implement and operate grievance redress mechanism in coordination with HVEN. Provision of legal services to vulnerable PAPs through an NGO (e.g. Aarhus Centre) / independent lawyers. Implementation of continuous Public Consultations prior to and during physical works. A selection of national and local stakeholders was consulted on the ESIA and RPF and participated in consultation workshops. A selection of national and local stakeholders has been contacted for consultation on the ESIA / RPF and participation in consultation workshops. Key Stakeholder Matrix: No. Stakeholder Role / Responsibility 1 HVEN Overall responsibility for the Project including preparation, implementation and financing of all compensation and resettlement tasks and coordination, public consultations, hiring of consultants etc. HVEN’s Social and Environmental Unit / HSE department will coordinate RAP implementation. 2 Ministry Nature Protection / Environmental Inspectorate Member of Steering Board; Controls Environmental Compliance of Construction Activities 3 SNCO for Environmental Expertise Provides Environmental Permit 4 Ministry of Energy and Member of Steering Board
Houses & other structures All affected houses/buildings are compensated for buildings damages/demolition caused by a project, with the exception of unregistered commercial structures World Bank Policy includes compensation for unregistered commercial structures as well. WB OP 4.12 applies Land valuation Land valuation based on current market value plus 15% of the assessed value. Land valuation based on current market rate/replacement value Armenian Legislation applies / Law on EPPSP (see 3.2.) Public Consultation and Disclosure Information on impacts quantification/costing, entitlements, and amounts of compensation and financial assistance are to be disclosed to the PAPs prior to the date defined in the Government Decree for Eminent Domain/ on Preliminary Study. Public Consultation and Disclosure in participatory manner with affected people on community level. PCDP to be developed together with RAP. Both WB OP 4.12 and Armenian Legislation apply (Law on EPPSP) Livelihood Restoration No provision for income/livelihood rehabilitation measure, allowances for severely affected PAPs and vulnerable groups, or resettlement expenses The World Bank requires rehabilitation for income/livelihood, for severe losses, and for expenses incurred by the PAPs during the relocation process WB OP 4.12 applies Loss of Land Value in ROW No provision for the loss of land value under the conductors (e.g. no construction possible) Owners of lands that are earmarked as construction land by the community will receive compensation for loss of value. WB OP 4.12 applies Gap Analysis The main difference of the legal framework of the RA and OP 4.12 is related to the compulsory ownership status of affected land and dwellings in Armenian law, whereas OP 4.12 grants compensation and relocation support even if legal land titles are absent. For the planned project OP 4.12 must be applied. This means that if the requirements of OP 4.12 are more stringent than the national legislation, then the more stringent requirements of OP 4.12 are to be applied. Other issues arise when it comes to implementation and monitoring, where Armenian legal framework tends to be vague and sometimes ambiguous. There is a considerable gap between enforcement of the law and OP 4.12 safeguards. HVEN will be responsible for preparation of RAP, public
CARMAC / Community Agricultural Resource Manangement And Competitiveness Project (2010): Environmental Management Plan, Nov 2010 CENN Caucasus Environmental NGO Network (2004): Assessment of Effectiveness of Environmental Impact Assessment (EIA) system in Armenia. International Fund For Agricultural Development (IFAD) (2003): Country Strategic Opportunities Paper. HVEN (2007): Operations Manual. Chapters 2, 3 International Finance Corporation (IFC): Handbook for Preparing a Resettlement Action Plan Ministry of Nature Protection RA (MNP) (2009): Fourth National Report to the Convention on Biological Diversity. National Park Sevan (without date): Introduction to the Landscape and Natural and Cultural Characteristics of the National Park Sevan and Buffer Zone. National Park Sevan SNCO (2009): Biodiversity and Nature Heritage of National Park Sevan. REC Caucasus (2008): Regional Profiles of RA. Kotayk Marzwww.rec-caucasus.org/Flash/PDF/AR/AR5.pdf, Gegharkunik Marz www.rec-caucasus.org/Flash/PDF/AR/AR6.pdf, Vayots Dzor Marz,www.rec-caucasus.org/Flash/PDF/AR/AR9.pdf, Syunik Marz.www.rec-caucasus.org/Flash/PDF/AR/AR10.pdf Sayadyan, H., Mammadov, R., Elizbarishvili, N. and Garforth, M. (2009): Piloting Landscape Planning in the Countries of the South Caucasus. State Agrarian University of the Republic of Armenia, Yerevan, G.A. Aliev Institute of Geography of the National Academy of Sciences of Azerbaijan, Baku, and Ivane Javakhishvili Tbilisi State University, Tbilisi. Spoor, M. (2004): UNDP ARMENIA WHITE PAPER LAND REFORM, RURAL POVERTY AND INEQUALITY: A PRO-POOR APPROACH TO LAND POLICIES, The Hague/Yerevan. The International Bank for Reconstruction and Development / The World Bank (2004): Involuntary Resettlement Sourcebook. Planning and Implementation in Development Projects. Wistrand, Birgitta / Mkhitaryan,Armine (2007): Women empowerment and cooperation in Armenia with a focus on the Syunik region, Assssment report prepared for the OSCE Office, Yerevan.
Sample Inventory of Losses Format Name Family members/ Employees Land affected Buildings affected Trees affected Businesses affected Resettled Vulnerable PAP allowance Severe Impact Allowance Type Area owned Area Affected Type No. of floors Area Affected Type No. Type Yes No Yes No Yes No Example 1 6 Potato field 500 m² 100m² Apricot 3 no yes yes Example 2 4 Stone 1 100 Small Shop yes yes no yes Example 3 2 1.) Potato field 2.) Vineyard 10.000 m² 300 m² 60 m² 100 m² no no no Example 4 5 Construction land 200 m² 200 m² no yes
take place during this project? of design works in order to develop a good cooperation. There was a case during a project implemented by another company when during land acquisition the adjacent land became non-usable, but this fact was ignored by the company. How to ensure that this would not happen during this project? Sahak Nazaryan Mets Ayrum Community Leader According to the Armenian legislation, the land which became non-usable is also subject to acquisition by the HVEN. Who are the land owners and how will they receive compensation? Suren Matosyan Haghpat Community Leader The project will be implemented based on the RA Laws and World Bank guidelines, as well as based on the Resettlement Policy Framework. For each community, a Resettlement Action Plan will be prepared. When the line corridor will be approved, the impacted lands will be specified, and at this stage public hearings with affected communities will be organized. NGOs will be also invited to participate in these public hearings. All impacted people have a right to compensation irrespective if they are titled owners or lease-holders or have customary land use rights. All the works will be monitored in parallel. Is it possible to provide the land for rent instead of selling it? Spartak Begjanyan Neghots Community Leader No, according to the project the land should be acquired by the HVEN. Houses in Neghots shall not be over-spanned in order to avoid any resettlement. Spartak Begjanyan Neghots Community Leader It is one of the main objectives of World Bank Policies that involuntary resettlement should be avoided, wherever feasible. Thus, bypassing the Neghots village is recommended in the ESIA study. However, it depends on the final technical design, if this will be feasible. Construction works shall be adjusted to harvesting period in order to avoid damages to crops. Spartak Begjanyan Neghots Community Leader This concern will be added to the Final ESIA study. In any case, damages to crops during final land survey, construction and maintenance works, have to be compensated, which will be fixed in the Resettlement Action Plan. Who will deal with the trees to be cut down within the corridor? Anush Evoyan Aarhus Center (NGO) During project implementation all the local legislation points shall be followed up. According to national legislation, the wood of State Forests belongs to the Forest Department. In Community Forest the community has to decide