List of Acronyms ARTF ANDS AP BP CoC Afghanistan Land Authority Afghanistan Reconstruction Trust Fund Afghanistan National Development Strategy Affected Person Bank Policy Certificate of Compliances EIA Environmental Impact Assessment E&S Environmental & Social ESFP Environmental and Social Safeguards Point ESMF Environmental and Social Management Framework ESMP ESSO GoA GRC HQ ICB ICR IDA ISR KGRC KM KUTEI M&O LESA LLE MAC CA MAFP MoI MoT NCB NGO NEPA OP/BP O&M PAP PMU RAP RCC RoW RPF SIA TA UN UXO TBD WB WHO Environmental and Social Management Plan Environmental and Social Safeguards Officer Government of Afghanistan Grievance Redress Committee Headquarters International Competitive Bidding Implementation Completion Report International Development Association Implementation Status Report KUTEI Grievance Redress Committee Kabul Municipality Kabul Urban Transportation Efficiency Improvement Maintenance & Operation Limited Environmental and Social Assessment Law of Land Expropriation Mine Action Clearance of Afghanistan Mobility Access Facilitation Plan Ministry of Interior Ministry of Transport National Competitive Bidding Non-Governmental Organization National Environment Protection Agency Operation Policy/Bank Procedure Operation and Maintenance Project Affected People Project Management Unit Resettlement Action Plan Reinforced Cement Concrete Right of Way Resettlement Policy Framework Social Impact Assessment Technical Assistance United Nations Unidentified Explosive Object To Be Discussed World Bank World Health Organization Table of Contents
Health hazard caused due to indiscriminate disposal of sludge removed from the pipes, drains and other appurtenances Providing curb side collection of waste in previously lacking such a service Clogging of open drains conveying storm water and / or wastewater Indiscriminate disposal of collected causing a health hazard Installation of street lighting Accidents during construction Hindrance to movement of traffic in operation stage Approval of Engineering Section Head of the PMU Name: ___________________ Signature: _________________ Date: _____________________ Key Impacts identified 1. 2. 3. Mitigation measures to be implemented (Refer to ANNEX 7) 1. 2. 3.
Agency Responsible for Implementation / Supervision (Refer to Annex 7) 1. 2. 3. Timing of Implementation with reference to stage of Civil Works Cycle (Design, Construction or Operation) 1. 2. 3. Approval of Engineering Section Head of the PMU: Name: ___________________ Signature: _________________ Date: _____________________ Approval of the PMU Team Leader: Name: ___________________ Signature: _________________ Date: _____________________ Annex 7: Compilation of Environmental Mitigation measures for Projects under KUTEI Part A: Construction Stage Impacts Activity Potential Impacts Mitigation Measures Responsibility of Execution Monitoring measure & method Responsibility of Monitoring of Roads Land take Compensation to be paid to affected persons as per ANNEX 2 to the ESMF Consultant firm / Municipality Record of transfer of payment to affected persons Municipality / PMU
landscaping, tree plantation. of accidents and spills Provide adequate signage and fencing around the site. Train workers to follow safety instructions. Prepare contingency plans for spillages, and carry out mock drills. Provide adequate notice of site/road closures to locals. Provide adequate detours around construction areas. Contractor Visual inspections, checking logbooks PMU Potential of spread of water-borne diseases The site should be graded after construction is finished to ensure proper drainage of run-off from the site. Prepare and execute debris disposal plans. Contractor at the end of construction PMU Improving service delivery through cleaning up Potential risk of accidents due to widened Meticulously follow drawings prepared for the project. Install fencing for the period of Contractor Visual inspections, checking log books PMU
of existing networks of supply and wastewater conveyance excavation for manhole or trenches construction in case of deep trenches. Provide training to workers on action to be taken in case they encounter methane in sewers. Health hazard caused due to disposal of sludge removed from the pipes, drains and other Provide adequately sized sanitary landfill site where such waste can be disposed of. Train the workforce and raise public awareness regarding the potential hazard of indiscriminate disposal of such sludge. Consider flushing the system one-time to dispose of the solids rather than removing sludge outside the trenches. Contractor Visual inspection, surveys of citizens, etc. PMU Street lighting Risk of accidents during installation – falling objects, Follow safety guidelines. Provide for personal protective equipment – gloves, hard hats, etc. Contractor Visual inspections PMU
electric shocks, etc. Shutdown of power supply Provision of first-aid kit on-site. Carry out construction during off-peak hours. Contractor of Abad Canal Land acquisitions Minimize through proper design Keep current alignment and route Design and supervision consultant RAP report and complaints from public PMU Potential for ground Use bottom concrete slab where untreated water is transported Design and supervision consultant Sampling of ground water and testing PMU of Wastes Development of solid waste disposal plan Design and supervision consultant during site visit PMU Dislocation of Utilities Minimize effect with proper designs Take concerted effort with concerned service provider to reduce effect Design consultant and concerned service providers Review of design documents PMU Obstruction for pedestrian access Provide pedestrian crossing wherever required Design and supervision consultant Review of designs PMU Waste material disposal Identify waste material disposal areas and location Design and supervision consultant Review of contract documents and plans PMU
Ensure adequate requirements in contract documents Foul smell Design mechanism to remove foul smell Design and supervision consultant Review of designs PMU Installation of Mini Water Treatment system and Pump Stations Land acquisitions Install the pump stations and treatment plants on land owned by KM Minimize through design Install pump station underground at wide roundabouts Design and supervision consultant RAP Report and complaints from affected persons PMU Landscaping and Aesthetics Provide architectural designs for mini treatment system areas Beatification of the areas as public parks Design and supervision consultant Review of designs PMU Foul smell Design mechanism to remove foul Design and supervision consultant Review of designs PMU Waste material disposal Identify material disposal areas and location Ensure adequate requirements in contract documents Design and supervision consultant Review of designs and contract documents PMU Part B: Operation Stage Impacts
Activity Potential Impacts Mitigation Measures Responsibility of Execution Monitoring measure & method Responsibility of Monitoring of Urban Roads Increased traffic and congestion due to diverted traffic Maintain alternative routes. Provide traffic police to regulate and speed up the traffic. and maintenance Department; Kabul city traffic police Visual inspections Kabul Municipality and the Traffic Police Solid waste disposal including Sludge from Mini Water Treatment system Clogging of open drains conveying water and health hazard caused due to disposal of sludge Fix up days on which the waste would be collected from the curbside in the locality. Educate the locals not to bring out household waste on days other than those on which collection has been fixed. Preparation of sludge management plan Enhanced Supervision of day to day sludge disposal. District Administration KM for copies of on file, Visual monitoring Kabul Municipality Random disposal of collected causing a health hazard Provide adequately sized sanitary landfill site where such waste can be disposed of. Train the workforce and raise public awareness regarding the potential hazard of indiscriminate disposal of such sludge. District Administration Visual inspection, surveys of citizens, etc. Kabul Municipality
Access roads and streets Increased traffic Provide adequate RoW from planning stage itself. Protect this RoW using appropriate devices – notification, planting in area currently not used for the road, fencing, etc. City Authority Copies of notifications to be Visual inspection Municipality Street lighting Hindrance to traffic Locate street lights appropriately PMU Engineering Section to be verified before execution Kabul Municipality Abad Canal Stagnating water due to siltation and blockage Educate the local population to refrain from disposal of waste in the canal Cleaning of the water way before and after the winter season Emergency cleanup operations District Office Regular inspection of the waterway Kabul Municipality District 4 Mini Water Treatment System and Pump Stations Foul Smell Investigate the problem and take necessary action KM Sanitation Department Regular inspection Municipality Annex-8: Complaints Registration Form Name (Gozar)
compensation. Practice on the ground is careful and painstaking. 10. No provision in the law on resettlement support. Practice seems a little OP 4.12 requires implementation of resettlement plan the contents of which are Major gap of substance as noted in 4 above. If preferred option at 4 above accepted, resettlement plan implementation is The RPF should provide for the making of a resettlement plan (5 above) which should 29
haphazard and tends to turn on legality of occupation of APs who are to be relocated noted at 4 above Choice is between formal top-down and participative involvement of APs which OP 4.12 requires. be based on a guided participative approach to implementation. PART FOUR: & 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. 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. OP 4.12 silent on judicial and administrative arrangements. It requires appropriate and accessible grievance mechanisms to be 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. A major gap on grievance mechanisms and current administrative arrangements in LLE difficult to reconcile with the participative approach of OP 4.12. Earlier laws involved payment of compensation in the presence of a judge and allowed an appeal albeit from the judge to a Minister. Develop grievance handling practices but keep them administrative rather than legal. Make legal provision for appeals from administrative decisions and decisions on compensation to an independent body. A combination of law and practice guidance be the best way forward. Grievance mechanisms to provide for with Shuras and community councils in areas where APs 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. Major 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 institutions to monitor projects. Meaningful monitoring is required by OP 4.12. New institutions should be kept to a minimum. Consideration should be given to use provincial authorities and NGOs. Regular reports should be made and published 30 co-
indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the harvest up to a maximum of 3-months. (NA) • owners/renters -- House owners/renters who are forced to relocate their houses will be provided with relocation allowance equivalent to AF 5,000 for 3 months and will be assisted in identifying alternative accommodation. • Community Structures and Public Utilities -- Will be fully replaced or rehabilitated so as to satisfy their pre-project functions. • Vulnerable Households -- Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs equivalent to AF 5,200 and priority in employment in project-related jobs. • Impacts on irrigation canals -- Project will ensure that irrigation channels are diverted and rehabilitated to previous standards. (NA) Temporary impact: Landowners who lose use of their land temporarily as a result of project activities will be compensated in cash covering the period of interruption based on an agreed monthly allowance. • Transitional Livelihood allowance -- APs forced to relocate will receive a livelihood allowance of AF 5,200 a month for three months. Transitional livelihood allowance is computed based on the prevailing wage rate of AF 200.00 per day times 26 days or AFs 5,200 per month. This is also the basis for cash compensation on lost wages. Land replacement values will be assessed based on a survey of land sales in project areas over the last 3 years and of government rates (if any) as per local revenue papers. Land values and compensation for other assets, will be negotiated between APs and competent authorities if concrete data on land market rates are unavailable. 4. Unit Compensation Rates and Budget 4.1 Establishing Rates for Land Acquisition & Resettlement As noted in the table above at paragraphs 9 and 10, the Law on Land Expropriation refers to prompt and adequate compensation but is silent on the details of compensation, has no specific provisions on resettlement and provides for the Council of Ministers to make decisions on compensation. These provisions fall some way short of what is required by OP 4.12 but it was suggested in the table that the absence of detail could be used to the advantage of developing rules and principles of compensation. The Law does not forbid the development of detailed rules on compensation and the fact that regulations may be
KABUL MUNICIPALITY Prepare information pack for each AP The information pack to be distributed when RAP approved The pack provides all the 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 vital component of an RAP. The details of what must be in the information pack are contained in the RPF KABUL MUNICIPALITY 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 compensation if a dispute is going to court as set out in the RPF) before entry may be made on to land from which APs have been moved and infrastructural activities may commence. Implementing NGO 1. Work closely with ESSU in generating awareness of all aspects of resettlement and compensation 2. Work closely with APs in assisting in making, negotiating and if necessary taking to the GRC claims for compensation 3. Submit regular reports on the process to KM and the monitors Throughout the execution of the RAP The presence of an independent agency whose prime function is to act on behalf of and support APs in their claims for compensation is designed as a guarantee that the process complies with principles of substantive and procedural (administrative) justice This is a key element in the RPF. It will be important that a reputable and effective NGO is appointed and that the external monitoring body has terms of reference that embrace the monitoring on the NGO GRC Handle AP grievances over compensation During the process of determining compensation. As with the implementing NGO, a GRC is a further Another key element on the RPF. Important that the members of 59
Who is eligible What are they eligible for How to determine eligibility and compensation levels What’s the objective 1. Landowners Loss of land and rights to land 1. Official documentation issued by or on behalf government 2. Customary documents; :i.e. documents recognized by both official and customary law as giving rise to ownership rights 3. Oral and other evidence with probative value that the claimant and his/her family have been in occupation of the land for at least 35 years. 4. Open, continuous and interrupted possession of persons over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. The aim of OP. 4.12 is to compensate all those who have lost their land. OP 4.12 goes beyond technical rules of law or evidence which in part are designed to bring disputes over land to an end and ensure security to title. OP 4.12 aims at simple and substantive justice: ―if you‘ve been on this land for a long time and there is good evidence of that then you should be compensated for losing it. 2. Squatters Permanent improvements they have made to the land they have occupied Observance of permanent improvements; questioning the squatter and neighbors on when improvement made; consulting maps and other relevant documents The objective here is to compensate the squatter for expenditure on the land but not for the of the land itself 3. Agricultural tenants Loss of income cash compensation corresponding to one year‘s crop yield of land lost. A fair approximation of loss of income 4. Sharecroppers Loss of income Their share of the harvest at additional compensation market rates plus one Ditto to above
5. House owners/renters Costs of relocation to other accommodation relocation allowance equivalent to AF5,000 for 3 months and assistance in identifying alternative accommodation This is a very standard element of compensation in all systems 6. Loss of livelihoods by agriculturalists Replacement costs for all losses 1. losses will be compensated at replacement value in cash based on current market rates plus an additional . Indemnity for 3 months as transitional livelihood allowance. 2. When >10% of an AP‘s agricultural land is affected, APs will get an additional allowance for severe impacts to the market value of a year‘s net income crop yield of the land. The aim is to provide a reasonable measure of compensation for loss of livelihoods but on the assumption that APs will make a go of things on their new land. It provides temporary relief but not an amount which invites future indolence 7.Residential/commercial land impacts Replacement costs for all losses Replacement value in cash at current market rates free of deductions for transaction costs See The same reasoning applies 8.Those who lose or have buildings damaged Replacement costs These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Renters/leaseholders will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs. See above. 9. Those who lose income from crop losses Replacement of lost income These impacts will be compensated through See above
Structures Structures may be classified (temporary, semi-permanent and permanent) 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 which 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 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 were estimated at AF5.00 per sqm. 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 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 are valued based on the multiple year’s investment they have required. Compensation for non- productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project. 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 facilities. Fruit was sold when all other farmers sold their fruit. In the off-season, prices were higher but few farmers could store their crops until then The compensation rate for a fruit bearing tree is the average yield per tree (AF 1, 500) the age of the tree. The same as above applies here too
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 3 months‘ rent at the prevailing market rate which in the project area from which these figures are taken was AF 5,000/mo 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.