The ESMF and site-specific EMP will be disclosed in Pashto, Dari and English languages by DABS, and will be made available on the organization’s website. 8.10 Indicative Budget for Environmental and Social Safeguards Compliance No. Activities Total budget (US$) 1. Environment Safeguards Officer 18,000 2. Independent Monitoring of Progress 250,000 2. Social Safeguards Officer 18,000 3 Monitoring and Evaluation 13,500 3 Translation of ESMF into Dari and Pashto 5,000 4 Preparation of Environmental and Social Safeguards Operational Manual for power Projects and translation into local languages. 10,000 5 Preparation of Environmental and Social Safeguards Training Manual and translation into local languages 10,000 Training for DABS safeguards 20,000 Training for community local government representatives 20,000
Clearance (min. 6m -12m) from ground not maintained Raise the height of facility by erecting concrete base DABS tea,, Contractor Conduct Information Campaign cautioning people against danger of electrocution DABS Construction of Foundation and Superstructure Timing of Construction Avoid construction inside fields during the cropping season DABS, Contractor Disturbance to transportation of construction material to site densely populated areas, rush hours and night DABS, Contractor Dust generation Provide temporary barricading if the location is close to homes or some sensitive receptors Contractor Provide water spraying facilities, if necessary, to limit emissions Contractor generation Provide workers with ear Contractor Restrict working hours – especially close to sensitive areas like residential neighborhoods, school campuses and mosques DABS, Contractor Damage to chance found archaeological properties Inform the Archaeological Department. Stop work on the site until advice / instruction / assistance for further action is provided by Officials of the Archaeological Department DABS, Contractor Pollution of water bodies As far as possible, construction close to waterbodies should be carried out in dry season DABS, Contractor If construction is being carried out close to a waterbody, provide a cut-off ditch on site perimeter to prevent contamination of water by direct entry of run-off. Contractor Cover construction material like cement, metal, oil, etc. stored on-site Contractor Provide temporary sedimentation trap at the outfall of the ditch, if erosion is likely. Contractor Safety of Workers Provision of ear-plugs, goggles and personal protective equipment Contractor Limiting construction hours Timing construction to avoid heavy traffic
Health and Safety Plan Include exclusion zones where people, especially children, cannot have access for safety reasons. It needs to include safety measures at heights during the tower construction and substation construction. Safety rules for transport need to be applied, e.g. no workers on back of trucks, etc. Contractor Hydrocarbon wastes Transport Management Plan, a Management Plan, etc. Hydrocarbons wastes to be disposed by EPA approved contractors. Contractor Erosion on slopes Provide retaining walls DABS / Designer, Contractor Provide bioengineering measures DABS / Designer, Contractor Damage to existing As far as possible, instead of cutting the trees at the base, try to trim the hindering branches Contractor Handling and Disposal of Waste Biphenyls from existing transformers As potential carcinogens, PCBs constitute a special health hazard for all handlers Provide PPE including gloves to persons handling transformers Contractor Prevent release of PCBs on to the ground, or into water by providing drip trays wherever transformers are being repaired. Contractor Prepare Spill Containment and Management Plan and identify locations for disposal of this hazardous material. DABS / Designer, Contractor Prepare and rehearse emergency procedures in case of an accidental release Contractor Disposal of waste material after construction Contamination of nearby lands, groundwater or nuisance Identify suitable locations for the disposal of material, including excavated soil, from the construction site DABS, Contractor Installation and charging of cables and wires Damage to vegetation / Crops Avoid cropping seasons and flowering seasons DABS Maintenance and Repairs Disturbance to nearby residents Schedule the maintenance and repairs to avoid odd hours like night, rush hours, prayer times DABS Disturbance to crops and vegetation Schedule regular maintenance activities to avoid pre-harvest / flowering seasons DABS Where unavoidable, use equipment and techniques which minimize the foot-print (land requirement) DABS
Construction of Electric Sub-stations Activity Potential Impacts Mitigation Responsibility Selection of location Removal of trees Compensate by planting 2 saplings for each tree felled at designated locations or within the RoW / land acquired for the project DABS Contractor Removal of habitat of important fauna Avoid such a location encountered. DABS / Designer Remove the fauna to another appropriate location, if rare or endangered species (as per Red Data Book of IUCN) is encountered. DABS, Contractor, Construction of Sub-station and Residential Colony for staff Timing of Construction construction inside fields during the cropping season DABS, Contractor Disturbance to transportation of construction material to site Avoid densely populated areas, fields in which crops are going as well as rush hours and night DABS, Contractor Pollution from the Contractor’s camp site Locate Labor and equipment camp at least 500m from current permanent habitations Contractor Provide adequate hygiene and sanitation facilities for the labor Contractor Provide pollution control devices on plants and equipment used for construction Contractor Dust generation Provide temporary barricading if the location is close to homes or some sensitive receptors Contractor Provide water spraying facilities, if necessary, to limit emissions Contractor Noise generation Provide workers with ear plugs/muffs Contractor Restrict working hours – especially close to sensitive areas like residential neighborhoods, school campuses and mosques DABS, Contractor Damage to chance found archaeological properties Inform the Archaeological Department. Stop work on the site until advice / instruction / assistance for further action is provided by Officials of the Archaeological Department DABS, Contractor Pollution of water bodies As far as possible, construction to waterbodies should be carried out in dry season DABS, Contractor
What parameter is to be monitored? Where is to be monitored? How is it to be monitored/ type of monitoring equipment? When is it to be monitored or continuous? Why is the parameter to be monitored (optional)? Install Operate Install Operate Baseline Construct Operate Decommission
RAP: implementation .............. Monitoring ------------ ------------ etc Institutional Strengthening ------------ ------------ etc Training ------------ ------------ etc Environmental and Social Progress Report Format Sl. No NHRP Key environmental and social issues Mitigation measures taken Implementation and monitoring of ESMP Training & programs implemented Convergence Lessons learnt Remarks 9 – ESMF RPF SUMMARY OF PROCEEDINGS FROM PUBLIC CONSULATIONS on Summary of Proceeding from Public consultation on ESMF On DRAFT ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) For Herat Electrification Project
acquired is sent to APs three months before acquisition. Informal discussions and negotiations occur both on land to be acquired and on compensation. It is at this point that donations of land may be ‘invited’. on participation by APs in preparation of process and in project implementation Emphasis on early information to be given to potential APs of possible resettlement APs involves participation. 3 months notice may be too little where relocation is likely but not rigidly adhered to. interpreted to mean “not less than three months” which would allow for discussions on acquisition and its consequences. implementation would not contradict the LLE and is the best way forward. 5. No special provision in LLE for a resettlement plan or any special arrangements for resettlement. Prepare resettlement plan: contents to include – Involvement of and ensure APs their rights to (i) compensation (ii) relocation assistance (iii) development assistance in new location. Distinction drawn between short and full plans, depending on numbers to be resettled. Major gap of substance 1. The LLE is silent on resettlement but is nothing in the law to suggest that a resettlement plan or action to implement a resettlement plan would be illegal. 2. Provide for resettlement plan administratively but 3. Backed up by some regulations 2 and 3 the preferred option. PART TWO: ACQUIRING THE LAND 6. The Council of Ministers approves expropriation of land. Unlike the former law, there is no provision for the owner/user and or agent to be present throughout all stages of acquisition. It follows that acquisition may proceed whether the etc is present No specific procedures required by OP 4.12 but content of resettlement plan implies APs will be involved in all stages of acquisition The spirit of OP 4.12 conflicts with LLE’s of involvement of the owner apart from that provided for in article 5. It is not clear why that is confined to “the Municipality”. Given many absentee owners ,it may be Spirit of OP 4.12 be met by more protective provisions and or practice on dealing with absentee acquisition. The silence of LLE on the details of acquisition may be taken quite legitimately as providing a gap which can Involvement of owners present on the land to be acquired and greater protection for absentee owners should be provided by a framework developed as part of the RPF which could also serve as a prototype for
obtaining residential plots where a person has had land acquired; the more land acquired the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for land Unlike the former law which provided for compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for APs to access bank for their compensation. Practice on the ground is careful and painstaking. the RPF without doing violence to the existing law. 10. No provision in the law on resettlement support. Practice a little haphazard and tends to turn on legality of occupation of APs who are to be relocated OP 4.12 requires implementation of resettlement plan the contents of which are noted at 4 above Major gap of substance as noted in 4 above. If preferred option at 4 above accepted, resettlement plan implementation is issue:. Choice is between formal top-down and participative involvement of APs OP 4.12 requires. The RPF should provide for the making of a resettlement plan (5 above) which should be based on a guided participative approach to implementation. PART FOUR: ADMINISTRATIVE & JUDICIAL PROCEDURES 11. LLE provides for administrative agencies to manage acquisition processes and deal with compensation. APs are part of some committees dealing with compensation. OP 4.12 silent on judicial and administrative arrangements. It requires appropriate and accessible grievance mechanisms to be A major gap on grievance mechanisms and current administrative arrangements in LLE difficult to reconcile with the participative approach of OP 4.12. Develop grievance handling practices but keep them administrative rather than legal. Make legal provision for appeals from administrative decisions and decisions on A combination of law and practice guidance would be the best way forward. Grievance mechanisms to provide for co-operation with shuras and community councils in areas where APs
No provision for courts to be involved or for appeals. In practice, committees may act to solve grievances No provisions for e.g. legal aid to assist APs to make claims. Practice at least in Kabul does appear to try and help PAPs. established for those being resettled. Logic of OP 4.12’s references to ‘meaningful consultation’ with APs and making use of CBOs and NGOs suggests preference for decision-making process which is not just part of the administration. Earlier laws involved payment of compensation in the presence of a judge and allowed an appeal albeit from the judge to a Minister. compensation to an independent body. are. RPF to provide for these 12. LLE does not provide for any external monitoring body or process OP 4.12 states that the borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. gap on procedures but arguably, monitoring is not part of land acquisition so no legal impediment to providing for same. Provide monitoring for WB projects as required by OP 4.12 Establish specialist monitoring agency for all projects involving acquisition and resettlement Empower provincial and local institutions to monitor projects. Meaningful monitoring is required by OP 4.12. New institutions should be kept to a minimum. Consideration should be to use provincial authorities and NGOs. Regular reports should be made and published
11.1 Matrix of Actions under the RPF ACTIONS, MEASURES, COMPENSATION ENTITLEMENTS AND CATEGORIES IN THE RPF ACTIONS TO IMPLEMENT THE NHRP Who What When Why (Objective) Comments DABS Establish liaison arrangements with Ministries/agencies which will necessarily be involved in investment project.: MEW; MOF; MOJ, MAIL and Arazi Assuming these arrangements already exist (DABS Board members) , they can be utilised as soon as possible to bring these Ministries up to date on specific investment projects To facilitate the smooth implementation of the beginning and operation of specific investment projects The vital first step in the process of developing investment projects. DABS Establish/confirm institutional arrangements for ensuring safeguards compliance. On approval of RPF by World Bank Creation of the internal DABS arrangements to implement RPF Preparatory work to be done before approval of RPF DABS Appoint /confirm national safeguards officers Desirable to confirm/appoint these officers well before the commencement of investment projects Creation of internal DABS arrangements to implement RPF Early confirmation/ appointment will facilitate training of these officers. Training organised by WB DABS Commence the preparation of materials on the RPF for distribution to probable Aps As soon as possible To give as much advance publicity as possible on specific projects and to alert probable APs of resettlement No need to wait for approval of RPF by World Bank. This work should start as soon as possible DABS Prepare terms of reference for international social safeguards consultant As soon as possible Advertisements can go out before RPF approved but appointment would be dependent on RPF approval To ensure rapid recruitment processes once RPF approved There will need to be considerable consultation on this post so action needs to start early on DABS Appoint the implementing NGO/consultant who is Initial work on appointment – terms of reference; basic The implementing NGO will have an important role Where no or only very small-scale land acquisition
going to carry out the processes of resettlement requirements for an NGO/consultant to be qualified. Appointment would not be made until RPF approved to play in all significant resettlement exercises. and resettlement will take place, the designated ESSOs together with the project manager could be the implementers but anything over that and the implementing NGO would be involved. DABS Continue with process of fixing the of the distribution lines and location poles ,pylons and substations and preparing technical plans Ongoing To ensure no delay in process of erecting the distribution lines No comment needed. action. DABS Where likely resettlement will be involved in a site located for a power substation begin preparation of RAP under the RPF This action should to be incorporated into plans developing the sites for action. To ensure no in beginning of implementation Processes for preparing RAP set out in the text of RPF DABS Census of residents and probable APs within project area As early as possible after studies completed. An essential step in the process of resettlement Explanation of the importance of this in the RPF DABS Begin the processes of publicity and consultation with APs. Alongside taking the census of APs An essential step in the process of planning resettlement and developing a resettlement action plan Consultation must be genuine. As much information as possible must be given to APs. Utilise village and other meetings DABS Consult and liaise with local governments and regional offices of associated Ministries on above actions. Alongside consultation with APs Essential to ensure that Ministries and local governments know of what is happening bodies will be needed to assist with village meetings and consultation with APs.
DABS Undertake the process of inviting APs to submit claims for compensation; assessing discussing and settling claims with APs Part of the process of consultation and preparing an RAP as an RAP must contain precise details of the compensation and resettlement payments Compensation and the process of resettlement is at the heart of an RAP and its implementation. and NGO will be involved here GRC The GRC will be involved in attempting to settle any grievances which APs may have over the compensation that they are being offered The GRC should be ready to be involved from the start of the process of assessing and determining the compensation payable to APs To assist in the process of settling claims to compensation The GRC must be prepared to work speedily and flexibly so as to ensure that a sub-project does not get bogged down in disputes about compensation. DABS Finalise RAP Preparation of RAP is a continuous process commencing with consultation in connection with census taking A necessary step to commencing action on the ground RAP must be approved by World Bank DABS Prepare information pack for each AP The information pack to be distributed when RAP approved The pack provides all the basic information which an AP will need to know. What is to occur on resettlement; how much compensation will be provided; how the compensation will be provided and the opportunities for complaints and settling same. This is a component of an RAP. The details of what must be in the information pack are contained in the RPF DABS Implement the compensation and resettlement processes of the RAP Everything should be ready to be rolled out once the RAP is approved Once the APs have been paid their compensation and been resettled, infrastructural activities on the ground may commence It is absolutely vital to bear in mind that all APs claims must be settled (subject to the limited exception of payment of only part of
deductions. Renters/leaseholders will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. Those who lose income from crop losses Replacement of lost income impacts will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements. See above Those who have lost income from loss of trees Replacement of lost income Income replacement based on types of trees lost. See above Ditto Those who have suffered business losses Replacement of lost income Compensation for business losses will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance. See above Ditto Those who have suffered loss of wages Replacement of lost wages for a limited period Compensation, based on actual income loss for time duration until income source is re-established. . See above Vulnerable households Additional compensation over and strict loss of income Vulnerable people (APs below the poverty line, women household heads, This is a recognition that those classified as vulnerable households will Ditto
mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs equivalent to AF x and priority in employment in jobs. likely suffer losses over and above income loss and will find it especially hard to get started again somewhere else. Transitional living allowance for APs forced to relocate Disturbance compensation APs forced to relocate will receive a livelihood allowance of AF x a for three months. Transitional livelihood allowance is computed based on the prevailing wage rate of AF x per day times during transition time. This is a standard head of compensation in most systems of compensation. Ditto ESTABLISHING VALUATION RATES FOR ACQUISITION What is being valued How is valuation conducted Input of APs Indicative figures Comments Matters common to all specific of valuation Rapid appraisal; consultation with APs; information derived from census and from local authorities Yes but not necessarily decisive Where figures are given they are indicative only being based on a 2009 valuation exercise. They will almost certainly be changed when budgets for RAPs are developed CASA 1000 none Land including easements (rights of way) over land Valuation of the land is pegged on an average, the actual value depending on the nearness to a built up area. Land prices are based on the district land Land values are so far as possible determined on the basis of ‘objective’ factors but it is not possible to ignore the assumptions of APs about land values None Land values are dealt with after a fashion in the LLE.. The Council of Ministers determines values but there is a local process that valuation goes through.
prices in the district government which do play a part in valuation Structures Structures may be classified (temporary, semi-permanent and permanent) based on the materials used in construction. They may be classified into class 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double storey building) In the project from these classifications are based, they were arrived at after various consultations with some owners who recently build their houses, local contractors and some local civil engineers. None This approach to structures seems a good one to adopt. Some APs considered that the length of time a structure had been standing should affect value but this was not a factor used in valuation Crops in computing crop losses, a combination of four main crops was used to get the average yield and price.. The unit price for crop losses for a square meter of land devoted to the four main crops Valuation was problematic because of lack of reliable data in terms of yield. The results of the survey were not reliable because the majority of the respondents were not aware of size of their land holdings. Trees Compensation for productive trees is based on the gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees are valued based on the During interviews with APs on trees, it was pointed out that the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post harvest facilities. Fruit was sold when all other farmers sold their fruit. In the off-season, prices were higher but few The compensation rate for a bearing tree is the average yield per tree times the age of the tree. The same point as above applies here too
Income Restoration Allowance for Severe Agricultural Land Impacts. When >10% of the agricultural land of a AP is affected, APs will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Given the problems of measurement of APs’ holdings – see above column 5 on crop losses – this may be difficult to compute and careful negotiations with the APs will be necessary No figures because the exact sums of money involved will depend on the use to which the land is being put Although this has the appearance of objectivity for reasons noted in column 3 there may be disputes which will need to be handled sympathetically. Vulnerable group allowance Vulnerable people (APs the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance. There will need to be careful and sympathetic consultation and negotiation with these APs A one-time allowance for vulnerable APs equivalent to at least AF x and priority in employment in project-related jobs. Whether this will be seen as adequate will depend on the income forgone. It might be advisable to build in some flexibility here hence the ‘at least’. Transitional livelihood allowance APs losing land or losing a house and forced to relocate will receive a livelihood allowance. Disturbance is a standard head of compensation but it will need a willingness to be flexible on rates as disturbance is not an objective matter. At least AF xa month for transitional period This is very much a ‘guestimate’. It may be the best that can be done in the circumstances. Here too the words ‘at least’ have been added to provide for some flexibility Rental allowance House renters forced to relocate will receive a rental allowance and will be assisted in identifying alternative accommodation Negotiations with APs central to the operation of this head of compensation x months’ rent at the prevailing market rate in the project area What the prevailing market rent is must differ from place to place. It is probably not worth while trying to create a ‘shadow’ market. As with other heads of ‘allowances’ some flexibility must be built into the outcome.