Loan 3285-UZB: Northwest Region Power Transmission Line

Resettlement Plan

October 2019

Loan 3285-UZB: Northwest Region Power Transmission Line Project: Section 1- The power line section between Takhiatash TPP and 1st

river-crossing of the transmission line with the Amudarya River

(Republic of Karakalpakstan)

Prepared by the State Joint-Stock Company National Electric Networks of Uzbekistan (NENU) for Asian Development Bank (ADB), Uzbekistan. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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Resettlement Planning Document

Document: Land Acquisition and Resettlement Plan Document Stage: Final for Consultation Project Number: Loan 3285-UZB Date: October 2019

Republic of Uzbekistan: Northwest Region Power Transmission Line Project Section 1-The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)

Prepared by the State Joint-Stock Company National Electric Networks of Uzbekistan (NENU) for Asian Development Bank (ADB), Uzbekistan. The land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

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ABBREVIATIONS

ADB – Asian Development Bank

AP – Affected Person

AH – Affected Household

CoM – Cabinet of Ministers of Uzbekistan

DMS – Detailed Measurement Survey

IA – Implementing Agency

EA – Executing Agency

EPC – Engineering, procurement, and construction

EMP – Environmental Management Plan

DLARC – District Land Acquisition and Resettlement Committee

DMS – Detailed Measurement Survey

FGD – Focus Group Discussion

GRM – Grievance Redress Mechanism

Ha – Hectare

HH – Household

IA – Implementing Agency

IEE – Initial Environmental Examination

LAA – Land Allocation Act

LAR – Land Acquisition and Resettlement

LARP – Land Acquisition and Resettlement Plan

NENU – JSC ”National Electric Networks of Uzbekistan” NWRTLP – Northwest Region Power Transmission Line Project

NWMPN – North West Main Power Network

O&M – Operation and Maintenance

PMU – Project Management Unit

PIC – Project Implementation Consultant

DDR – Resettlement Due Diligence Report

RoW – Right-Of-Way

SCLRGCSC – State Committee on Land Resources, Geodesy, Cartography, and

State Cadaster

SAESP – Sredazenergosetproject JSC – Design Institute

SPS – Safeguard Policy Statement 2009

ToR – Terms of Reference

UZS – Uzbek Soum

CURRENCY EQUIVALENTS (As of August 20, 2019)

Currency Unit – Sum (UZS)

$1.00 = UZS 9061

NOTE In this report,

i. “$” refers to United State Dollars (USD) ii. UZS refers to Uzbekistan Sum

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Table of Contents

GLOSSARY .................................................................................................................................... 7

1. EXECUTIVE SUMMARY .................................................................................................... 11

1.1. Project description ....................................................................................................... 11

1.2. The scope of land acquisition and resettlement ...................................................... 13

1.3. Socio-economic information and profile ................................................................... 17

1.4. Information disclosure, consultation and participation ........................................... 18

1.5. Grievance redress mechanism .................................................................................. 18

1.6. Policy and legal framework ......................................................................................... 19

1.7. Entitlements, assistance, and benefits ..................................................................... 19

1.8. Income restoration and rehabilitation ........................................................................ 22

1.9. Resettlement budget and financing plan .................................................................. 22

1.10. Institutional arrangements .......................................................................................... 23

1.11. LARP Implementation ................................................................................................. 23

1.12. Monitoring and reporting ............................................................................................. 23

2. PROJECT DESCRIPTION ................................................................................................. 24

2.1 General .......................................................................................................................... 24

2.2 Project components ..................................................................................................... 24

2.3 Project area ................................................................................................................... 26

2.4 Current status of LARP ............................................................................................... 27

2.5 LARP and Project implementation conditions ......................................................... 28

2.6 Approach and methodology ....................................................................................... 29

3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .......................................... 30

3.1. Approaches to the identification of project impacts ................................................ 30

3.1.1 Census and inventory of losses .......................................................................... 30

3.2 Summary of impacts .................................................................................................... 30

3.3 Construction of transmission line ............................................................................... 32

3.3.1 Permanent land impacts ...................................................................................... 33

3.3.2 Temporary land impacts ...................................................................................... 35

3.4 Loss of crops ................................................................................................................. 36

3.5 Loss of structures and residential houses ................................................................ 37

3.6 Loss of trees ................................................................................................................. 38

3.7 The Severely Affected AHs ........................................................................................ 39

3.8 The legal status of land ownership ............................................................................ 41

3.9 Unanticipated Impacts ................................................................................................. 41

3.10 Impact of construction to access roads .................................................................... 41

3.11 Socioeconomic and environmental impacts ............................................................ 41

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3.12 Summary of Impact ...................................................................................................... 41

4. SOCIOECONOMIC INFORMATION AND PROFILE .................................................... 43

4.1. Methodology ................................................................................................................. 43

B. Socioeconomic Profile of Affected Households ...................................................... 44

4.2. Demography and socioeconomic characteristics ................................................... 44

4.3. Access to social services ............................................................................................ 45

C. Social impacts on AHs and their communities ........................................................ 45

4.4. The livelihood of AHs and low-income AHs ............................................................. 45

4.5. Ethnic composition and indigenous people ............................................................. 46

4.6. Gender issues ............................................................................................................... 46

4.7. Vulnerable households ................................................................................................ 46

5. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION ............. 49

5.1. General .......................................................................................................................... 49

5.2. Disclosure ...................................................................................................................... 49

6. GRIEVANCE REDRESS MECHANISM .......................................................................... 50

6.1. General .......................................................................................................................... 50

6.2. Contact details .............................................................................................................. 51

6.3. GRM Records and documentation ............................................................................ 52

7. POLICY AND LEGAL FRAMEWORK .............................................................................. 53

7.1 General .......................................................................................................................... 53

7.2 Laws, Regulation, and Provision relating to LAR in Uzbekistan ........................... 53

7.2.1 Constitution ............................................................................................................ 55

7.2.2 Land code (30 April 1998) ................................................................................... 56

7.2.3 Resolution of Cabinet of Ministers № 97 (29 May 2006)................................ 56

7.2.4 Civil Code (29 August 1996) ............................................................................... 56

7.2.5 Resolution of Cabinet of Ministers № 146 (25 May 2011) ............................. 57

7.2.6 Resolution of Cabinet Ministers №317 (21 September 2016) ....................... 58

7.2.7 Resolution of Cabinet Ministers №3857 (16 July 2018) ................................. 58

7.2.8 Decree of the President of Uzbekistan №5495 (1 August 2018) .................. 59

7.2.9 Law of Uzbekistan on Protection of Private property and Guarantees of Ownership rights 336 (22 September 2012) ................................................................... 59

7.2.10 Presidential Order F-5491(3 August 2019) ................................................... 59

7.2.11 Resolution of Cabinet of Ministers № 1047 (26 December 2018) ............ 60

7.2.12 Presidential Decree 5421 (20 April 2018) ..................................................... 60

7.2.13 Resolution of Cabinet of Ministers № 44 (15 February 2013) ................... 60

7.2.14 Tax code ............................................................................................................. 61

7.2.15 Resolution of Cabinet of Ministers # 63(28.01.2019) .................................. 61

7.2.16 Resolution of Cabinet of Ministers # 165 (30.03.2017) ............................... 62

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7.2.17 Presidential Decree # 4086 ............................................................................. 63

7.2.18 Labour code and employment law ................................................................. 64

7.3 ADB Safeguard Policy Statement, 2009 .................................................................. 64

7.4 Policy differences and reconciliation ......................................................................... 66

8. ENTITLEMENTS, ASSISTANCE, AND BENEFITS ...................................................... 72

8.1 Eligibility and the cut-off date ..................................................................................... 72

8.2 Legalization and registration of land lease / possession ....................................... 72

8.3 Compensation and valuation of assets ..................................................................... 72

8.4.1. Compensation for Land ........................................................................................ 73

8.4.2. Trees ....................................................................................................................... 73

8.4.3. Crops ...................................................................................................................... 74

8.4.4. Loss of building and structures ........................................................................... 74

8.4.5. Loss of Income/Livelihood ................................................................................... 74

8.4.6. Vulnerable Households ........................................................................................ 74

8.4.7. Compensation estimation process ..................................................................... 74

9. INCOME RESTORATION AND REHABILITATION ...................................................... 77

10. RESETTLEMENT BUDGET AND FINANCING PLAN .............................................. 78

10.1 Compensation for permanent land acquisition ........................................................ 78

10.2 Compensation for temporary land acquisition ......................................................... 79

10.3 Compensation for crops .............................................................................................. 80

10.4 Compensation for affected trees ............................................................................... 80

10.5 Compensation for demolished residential houses and structures ....................... 81

10.7 Summary Budget ......................................................................................................... 83

INSTITUTIONAL ARRANGEMENT ......................................................................................... 84

10.8 General .......................................................................................................................... 84

10.9 NENU and project management unit ........................................................................ 84

10.9.1 Social Safeguards Specialists (SSS) ................................................................. 84

10.10 Design Institute - “JSC Sredazenergosetproekt” (SAESP) ................................... 85

10.11 Land Use Planning Institute UzDavYerLoyiha ........................................................ 85

10.12 District branch of State Committee on Land Resources, Geodesy, Cartography and State Cadaster (SCLRGCSC) ....................................................................................... 85

10.13 District (Hokimyat) (Governorates) ............................................................................ 86

10.14 Independent Valuation Companies ........................................................................... 86

10.15 Community-Based Organizations (CBOs) ............................................................... 86

10.16 Training of PMU ........................................................................................................... 87

11. LARP IMPLEMENTATION ............................................................................................. 88

11.1 General .......................................................................................................................... 88

11.2 LARP Implementation Stage ...................................................................................... 88

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11.3 Procedures for Payment of Compensation .............................................................. 88

11.4 Implementation Schedule ........................................................................................... 89

12. MONITORING AND REPORTING ................................................................................ 90

Annex 1: Pictures from a census survey of affected residential households ................ 91

Annex 2: Pictures from a census survey of affected agricultural farms ......................... 92

Annex 3: List of consulted stakeholders .............................................................................. 93

Annex 4: Reference letter from Karakalspakstan Land Use Planning Institute regarding the land users of Takhiatash city ........................................................................ 94

Annex 5: Decree of district Hokim on the provision of land acquisition.......................... 96

Annex 6: Decree of Takhiatash district Hokim regarding the provision of compensation and land for land compensation to affected residential house owners 97

Annex 7: Pictures from public disclosure meeting ............................................................. 99

Annex 8: List of participants of public disclosure meeting ............................................. 100

Annex 9: Grievance Redress Mechanism ......................................................................... 101

Annex 10: The Logbook of GRM ........................................................................................ 102

Annex 11: Decree of District Hokim on payment of compensation for permanent land acquisition in 2015 ................................................................................................................ 103

Annex 12: DMS/IOL that calculated agricultural income loss for AHs for temporary land acquisition ...................................................................................................................... 104

Annex 13: Compensation for affected crops calculated by Karakalpakstan branch of Uzdavyerloyiha Land Use Planning Institute .................................................................... 104

Annex 14: Valuation report for affected trees of Abdryaim bogi Nayman farm ........... 106

Annex 15: Valuation report for affected trees of Alisher farm ........................................ 107

Annex 16: Valuation report for affected trees of Roza Bonu farm ................................ 108

Annex 17: Valuation report for affected residential structures ....................................... 109

Annex 18: Valuation report for affected residential structures ....................................... 110

Annex 19: Details of compensation to be paid for AHs .................................................. 111

Annex 20: Presentation from disclosure meeting ............................................................ 112

Annex 21: Location of allocated land for affected residential lands .............................. 116

Annex 21: Agreement letter on the selection of land plot by affected residential households ............................................................................................................................. 117

Annex 22: Letter indicating institutional reformation of Executing Agency and its branch Khorezm Main Power Network. ............................................................................. 118

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GLOSSARY Affected Persons

Affected persons (APs)are the members of the affected households, those who experience full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Although this definition of affected people is at variance with the usage in the SPS-2009, this is how it is understood and officially used in Uzbekistan, and it is not different from ‘displaced person’ defined in the SPS-2009.

Affected Household

A household consists of one or more people who live in the same dwelling and share meals or living accommodation and may consist of a single family. In the project, the household is the unit for compensation and all the members of a household are considered as affected persons.

Architectural Planning Assignments

A document containing a set of town-planning and architectural requirements. To construct an object following documentation shall be submitted such as approved city-planning documentation, relevant decisions of state authorities, including requirements and conditions for the protection of historical and cultural monuments, the environment, legal rights and interests of third parties, persons for a specific land plot. Based on these documents, architectural planning assignment for construction is being developed (re-constructions) of the object.

Cadastral document

A set of materials, cadastral surveys, technical inventories and certification, quality and valuation of the object necessary for the formation, accounting and subsequent state registration of rights to real property.

Compensation Payment for an asset to be acquired or affected by a project at replacement cost.

Cut-off-date The date after which people will not be considered eligible for compensation, i.e., they are not included in the list of AHs as defined by the census. If the country expropriation law does not specify a cut-off date, usually, the cut-off date is the date of the detailed measurement survey which is based on the final engineering design. The validity of the cut-off date in ADB projects typically is three years.

Detailed Measurement Survey (DMS)

With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), the severity of impacts, and list of AHs earlier done during RP preparation. The final cost of resettlement can be determined following the completion of the DMS.

Economic Displacement

Loss of land, assets, access to assets, income sources, or means of livelihoods, as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or access to legally designated parks and protected areas.

Eminent domain The right of the state using its sovereign power to acquire land for public purposes. National law establishes which public agencies have the prerogative to exercise eminent domain.

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Entitlement The range of measures comprising the cost of compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration, which is due to AH, depending on the type and degree nature of their losses, to restore their social and economic base. All entitlements are given to all affected households as per the entitlement matrix.

Household HHs that are not registered their business, agriculture, residential and orchard and those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal lease to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people are entitled to compensation for their non-land assets.

Non titled Households that are not registered their business, agriculture, residential and orchard and those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal lease to land and/or structures occupied or used by them. ADB’s SPS explicitly states that such people are entitled to compensation for their non-land assets.

Income Restoration

A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues

Meaningful Consultation

Is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact on the livelihood and productive capacity of AHs will be determined.

Inventory of Losses

HHs that are not registered their business, agriculture, residential and orchard and those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal lease to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people are entitled to compensation for their non-land assets.

Hokimiyat Local government authority that interfaces between local communities and the government at the regional and national level. It has ultimate administrative and legal power over local populations residing within its jurisdiction.

Land acquisition

The process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for the State purposes, in return for fair compensation.

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Land allocation In this report, this term used when land is being allocated out of the unproductive/unsettled State Reserve Land or from the areas that are being used by the State Organization for the modernization/construction of a new substation, and transmission line towers as well as stringing the power cables.

Land Use rights According to Land Code (article 17) real persons (can have the land plot under the lifelong inheritable possession right and land parcel use transferred as descent. This right is given to individual residential housing construction and collective gardening and vineyard (orchards), peasant farms. Juridical persons (enterprises, stores, and business) can possess land parcels according to the right to permanent possession, permanent use, temporary use, lease, and property. In two above cases, when a person wants to sell the Property (land and building), he will sell the building & structure, and subsequently, the land parcel sold as an attachment (right is sold).

Makhalla A local level community-based organization recognized officially by the State that serves as the interface between state and community. is responsible for facilitating a range of social support facilities and ensuring the internal social and cultural cohesiveness of its members and; local communities to elect Makhalla leaders.

Rangelands The lands on which the native vegetation (climax or natural potential plant community) including grasses, grass-like plants, forbs, or shrubs are grown in the mountains, some deserts, many wetlands, tundra, and certain Forb and shrub communities. Comparing with pasture land where grasses planted explicitly for grazing livestock, in rangelands grasses are grown naturally without human involvement.

Physical Displacement

Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of property, or (ii) involuntary restrictions on land use or access to legally designated parks and protected areas

Relocation This is the physical relocation of an AH from her/his pre-project place of residence and/or business.

Rehabilitation This refers to additional support provided to AHs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of pre-project living standards and quality of life.

Replacement Cost

The term used to determine the value enough to replace affected assets and/or cover transaction costs necessary to replace the affected assets without depreciation for such assets as well as material advantage, taxes and/or travel expenses.

Resettlement Means all social and economic impacts that are permanent or temporary and are (i) caused by the acquisition of land and other fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land, as a result of a project.

Resettlement Plan

This is a time-bound action plan with budget setting out compensation and resettlement, entitlement, actions, responsibilities, monitoring, and evaluation.

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Safety zone The area below, and around, transmission lines in which activities and land use that are incompatible with the safe and efficient operation of the national electricity transmission network are avoided. The safety zone corridors do not restrict normal farming activity such as cropping, harvesting, grazing, plowing. Only incompatible activities, milking sheds, residential dwellings, and some major earthworks - primarily around the foundations of the transmission towers would be restricted.

Severely Affected Households

This refers to affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project.

Significant impact

200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).

Vulnerable Group

These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female-headed households without support, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support.

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1. EXECUTIVE SUMMARY

1.1. Project description 1. Construction of transmission line (TL) within Section 1 of NWRTLP will be carried out in Takhatash district of the Karakalpakstan Republic. The total length of the transmission line in section 1 will be 9250 meters which pass through Naymankul massive of Takhatash district and Takhiatash city territories. In total 7 tension and 28 suspension towers will be built in this section of NWRTLP. 2. The State Joint-Stock Company National Electric Networks of Uzbekistan (NENU) acting as the successor of the Unitary Enterprise “Uzelektrotarmoq” that was under the Joint-Stock Company Uzbekenergo (UE) is the executing agency of the NWRTLP. NENU has been institutionally reformed by the Presidential Decree #4249 on 27 March 2019 and currently affiliated to the Ministry of Energy. The draft Land Acquisition and Resettlement Plan (LARP) was prepared by NENU based on the preliminary design in March 2015. According to draft LARP the NWRTLP was classified as Category B for involuntary resettlement. 3. This updated LARP for section 1 covers assessment of impacts associated with permanent land acquisition for construction of TL towers and temporary land acquisition for stringing the conductor cables of TL based on the final design. Aside from an assessment of impacts, this LARP provides an assessment of compensation to the affected persons and affected households, implementation arrangement, grievance mechanism, and monitoring and reporting in compliance with policies, laws, and regulations of Uzbekistan, and the policies of the ADB as described in the Safeguard Policy Statement (2009). 4. In 2018 NENU asked ADB to split the above-mentioned components (i) and (ii) into seven sections to accelerate the construction works. Later in this year, No-Objection Letter to Land Acquisition and Resettlement Plan Revision was given by ADB’s Energy division of Central and West Asia Department to NENU. In April 2019 the Project Implementation Consultants, PMU’s Safeguards specialist together with local Land-use Planning Institute ‘QRYERLOYIHA’ conducted a detailed measurement survey (DMS) for section 2. During the DMS it has been found that section 2 can also be split into 2 parts such as part 2A which is covered by rangeland/desert area and part 2B which includes agricultural land cropped by private farms. Therefore, NENU has asked ADB to split section 2 into parts 2A and 2B. No-Objection on the split of LARP Section 2 Letter was given by Energy division of Central and West Asia Department, as a result, the project split into eight sections as described Table 1.1 below.

Table 1.1: The division of the NWRTLP

Section Involuntary resettlement

Impact

Actions needed

Section 1: The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)

YES

Resettlement Plan needs to be prepared

Section 2 (Part 2A): The power line section between 1st river-crossing of the transmission line with the Amudarya River and Tension Tower 25 (Republic of Karakalpakstan)

NO

Social Due Diligence Report submitted

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Impact

Actions needed

Section 2 Part 2B: The power line section between Tension Tower 25 and 2nd river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)

YES


Section 3: The power line section between 2nd (Khorezm region) river-crossing of the transmission line with the Amudarya River and “Khorezm” Substation (Khorezm region)

YES


Section 4: “Khorezm” Substation (Khorezm region)

NO


Section 5: The power line section between “Khorezm” Substation and 3rd river-crossing of the transmission line with the Amudarya River (Khorezm region)

YES


Section 6: The power line section between the 3rd river-crossing of the transmission line with Amudarya River and Sarimay Switchyard (Khorezm region and Karakalpakstan)

YES

Resettlement Plan submitted

Section 7: Sarimay Switchyard (Khorezm region)

NO


5. This Resettlement Plan has been updated for the subproject “Section 1: The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)”. According to the census and DMS, there are 9 affected farmers whose agricultural lands will be impacted, 3 State Governed Lands and 2 Residential Houses who will be impacted for permanent and temporary period. 6. This Resettlement Plan has been updated for the subproject “Section 1: The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)”. According to the census and DMS, there are 9 affected farmers whose agricultural lands will be impacted, 2 Residential Houses and 3 State Governed Lands who will be impacted for permanent and temporary period.

7. Construction of transmission line (TL) within Section 1 of NWRTLP will be carried out in Takhatash district of the Karakalpakstan Republic. The total length of the transmission line in section 1 will be 9250 meters which pass through Naymankul massive of Takhatash district and Takhiatash city territories. In total 7 tension and 28 suspension towers will be built in this section of NWRTLP. 8. This updated Land Acquisition and Resettlement Plan (LARP) was prepared by Resettlement Expert within June - August 2019 period. This LARP aims to provide a final impact assessment of section 1 of NWRTLP and plan needed for compensation/rehabilitation measures. DMS/IOL for section 1 was based on the final design prepared by the Design Institute – Sredazenergosetproject within the 2016-2018 period. The reports of DMS/IOL were prepared by the regional branches of Uzdavyerloyiha (State land design institute) of Karakalpakstan Republic in May - June 2019.

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9. In accordance with draft LARP that was prepared in 2015, the section 1 part was passed through Hujayli district and in 2017 the Hujayli district of Karakalpakstan was restructured into Hujayli and Takhiatash districts. As a result of this restructuring process, now section 1 passes through Takhiatash district and Takhiatash cities. According to the draft LARP that was based on initial design, only 6 farmers were affected and no affected residential household was observed. In this present updated LARP based on the Final design, now, there are 11 AHs including, 2 residential houses and 9 farmers who will be affected

1.2. The scope of land acquisition and resettlement 10. The census in Takhiatash district was conducted during 13 - 15 June 2019 by Resettlement consultant of PIC (see Annex 1, Annex 2) while IOL and DMS were prepared May 2019 by Land Use Planning Institute - Uzdayerloyiha branch of Karakalpakstan. Both census and DMS/IOL is based on the final design that was developed by Design Institute – SAESP. 11. The territory of section 1 of the NWRTLP starts from connection to an existing TL’s Tension Tower 18 that is coming from Takhiatash Thermal Power Plant (TPP) and ends at the 1st river crossing of Amudarya river. The TL will impact to farmers land, forest land, the state reserve lands, and residential buildings and residential lands. There are in total 9 affected farms whose agricultural lands will be impacted, 3 State Governed Lands and 2 Residential Houses who will be impacted for permanent and temporary period due to NWRTLP. All AHs are located within the Takhiatash District.

Table 1.2: Details of the land users in Section 1

N Land user Land

use type Interval

distance, meters

Length of the interval,

meters

Number of AHs

1 “Charos Zilola” farm Agricultural 0-300 300 1

2 Tursunboev Olimjon Residential 300-335 35 1

Seyitov Rustam Residential 335-345 10 1

3 Takhiatash district Reserve Lands Other lands 345-700 355 0

4 Sanobar Saparbayeva" farm Agricultural 700-1810 1110 1

5 “ Alisher” farm Agricultural 1810-2210 400 1


7 “Roza Bonu” farm Agricultural 2270-2850 580 1


9 Roza Bonu” farm Agricultural 3115-3755 640 0

10 “Abduraym Bog’I Nayman” farm Agricultural 3755-3955 200 1

11 Takhiatash city Reserve Lands Other lands 3955-4965 1010 0


13 Takhiatash Agro Expo” farm Agricultural 5275-6385 1110 1

14 “Ay Asil Qanat “ farm Agricultural 6385-7105 720 1

15 Takhiatash Amudaryo Sohili “ farm Agricultural 7105-8450 1345 1

16 Takhiatash Agro Expo Nayman farm

Agricultural 8450-9000 550 1

17 Khojaly State reserve land Forestry 9000-9220 220 0

18 Amudarya River Bank Other lands 9220-9250 30 0

TOTAL 11

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12. The RoW of TL having 9,250 meters of length will have an area of approximately 13.88 ha that is necessary for construction and stringing of TL for temporary period while for the erection of tension and suspension towers in total 0.391 ha of land will be required permanently. Inventory of lossess made for the section 1 shows that in terms of permanent impact to productive agricultural land is marginal, having the maximum impact of 0.25%. In terms of residetial land, affected residential households will lose 100% of their lands, and land for land comepnsation will be provided for each AHs in order to restore their livelihood. Table 1.3 summarizes both permanent and temporary total land acquisition in section 1. Estimated impacts by districts and land use type are given in following subsections.

Table 1.3: Summary of Total Land Acquisition Impacts

Type of Land Use

Ten

sio

n

Tow

ers

Su

spe

nsio

n

Tow

ers

Permanent Impact (ha) Temporary Impact (ha)

Total number of AHs

Total (Ha)

AHs1 (Ha)

State enterprises,

reserve, forest, and other lands

Total (Ha)

AHs (Ha)

State reserve, forest, and

other lands

Agricultural 7 28 0.28 0.235 0.045 13.88 10.53 3.35 9

Residential 0 0 0.12 0,12 - - - - 2

TOTAL 7 28 0.4 0.391 0.045 13.88 10.53 3.35 11

13. Based on the final design, in total, 9250 meters of TL will be stringed. There are in total 7 tension and 28 suspension towers to be erected in this section. 14. Section 1 of the NWRTLP affects 11 AHs that are located in Takhiatash district and State Reserve lands located in Takhiatash district and Takhiatash city. In total, 0.355 ha of land will be permanently acquired from affected farms and residential households. The majority of permanent land for the construction of TL will be allocated from Takhiatash district lands. The share of the state-owned lands is 0.045 ha.

15. According to the census in a total of 9 farms will be affected due to the construction works. The main impacts are permanent land acquisition and the impact on crops. Compensation to farmers will be provided in the form of monetary compensation instead of land for land. This option has been approved during the census survey by farmers as well. 16. According to the census, in total 2 residential households will be directly impacted. The AH-1 - Tursunboev Olimjon will be impacted due to the construction work while AH-2 - Seyitov Rustam will be impacted due to the restriction to build a residential house within the safety zone. The building and structures of AH1 and AH2 will be demolished and a new land parcel has been already allocated by the Takhiatash district Hokim on 24 June 2019 (See Annex 21 for the location of new land plot). According to the Decree, in total 0.08 ha of land was already allocated to AHs in Aydin-Jol Makhalla of Takhiatash city. A new location of land plot is located 4.5 km away from the previous affected location. The new land plot provided is located within the boundary of Takhitash city which has higher value than previous affected land in terms of land price. It has a good connection to the Central Bus and Railways station which is located within the walking distance of 1250 meters to Central bus station and 140 meters to Central Railway Station. This location is agreed by the AHs themselves as well.

1 AHs in this report defines private farms and residential households

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17. In total 9 AHs will be temporarily impacted on their lands in section 1 of the NWRTLP project. All AHs are located in Takhiatash district. In total, 13.88 ha of land will be temporarily acquired for the project. Out of the total, 10.53 ha of land will be allocated from agricultural farms while 3.35 ha of land will be allocated out the State Governed Lands. 18. In total 0.12 ha of residential lands will be permanently impacted. According to the census and DMS/IoL 2 AHs will be impacted (0.06 ha of land per affected household). As a replacement, 0.04 ha of land will be provided to each affected residential household. During the consultation meetings several locations were provided to AHs. Land for land compensation in the quantity of 0.06 ha of land were offered within the adjacent territory within the same district area and also land parcel in the size of 0.04 ha were offered within the Takhiatash city lands. As a result and consensus, AHs have selected Takhiatash city lands considering attractiveness and also connection to central bus and railway stations. Agreement letters from the AHs for the selection of 0.04 ha of land within the Takhiatash city lands is given in Annex 22. Detailed information is given in Chapter 3: Scope of land acquisition and resettlement in this report.

19. About 76% of the temporary alignment corridor will pass through the agricultural farms while around 24% of the temporary alignment corridor is needed out of the state-governed lands and 0.4% will pass through residential lands. 20. In section 1, majority of the affected households are cultivating cotton and rice, while only 3 AHs declared that corn is planted on affected lands. According to the NENU, the construction works will be taken place only 1 year and next year farms can continue to cultivate their crops again. Some farms declared that there are no crops on affected lands but only trees to be affected. The compensation for the future income loss from the cropping is given in the resettlement budget chapter. At the time of the census and inventory of losses in May-June 2019 crops were planted on the affected land. By October, most of the crops would have been harvested and there may be no standing crops on the affected lands. Therefore, during the implementation of this LARP and payment of compensation AHs there can be a situation where no compensation will be needed for crops since there will be no crops on fields. So, the compensation for lost crops listed in this Report will be subject for revising based on the availability of crops on fields. 21. As shown from figure A below, 3 AHs were initially considered as households who need to be relocated due to the project. After DMS/IOL and census conducted by the Resettlement consultants, only 2 residential households (i.e., AH-1 and AH-2) have been confirmed as having permanently affected residential lands and who will need to relocate. The structures of AH-1 and AH-2 will also be demolished. AH-1 - Tursunboev Olimjon will be impacted due to the construction work while AH-2 - Seyitov Rustam will be impacted due to the restriction to build a residential house within the safety zone. The building and structures of AH1 and AH2 will be demolished and a new land parcel has been allocated.

22. AH-3 - Gaipov Nurbek has not built yet any buildings and structures, therefore consultants and local stakeholders made effort to avoid involuntary resettlement. AH-3 will build a residential building out of the safety zone but within the existing boundary of his plot. Therefore, Gaipov Nurbek has been excluded from the list of affected households due to the project. According to the construction norms and consultation with Design Institute engineers this option is applicable and AH-3 can build other type of non-residential structures within the boundary of safety zone. However, during the construction and implementation LARP, AH-3 will be carefully monitored for not having any type of impact in terms of impact to land as well as to structures.

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Figure A: Location of Residential Lands Note: Green line – Boundaries of Residential AHs, Blue line – RoW needed for Safety zone with 60 meters, Red line – RoW needed for Construction works with 15 meters AH-1: Tursunboev Olimjon, AH-2: Seyitov Rustam, AH-3: Gaipov Nurbek

23. Impact to trees has been identified among 3 AHs which are agricultural farms in section 1 of the NWRTLP based on the DMS/IOL and protocols from farms as well as by site visits of Resettlement consultants. All the affected trees have been calculated and evaluated based on the market values by independent valuation company current LARP, safeguard specialist will ensure and document that AH-3 will not be affected. In total, 469 trees will be cut and owners of the trees will be compensated based on the replacement cost evaluated by the independent valuation companies. Two households will be severely impacted in terms of physical displacement from housing.

24. Section 1 of the NWRTLP will have both temporary and permanent land acquisition impact on 9 agricultural farms and will have a permanent impact on 2 residential AHs’ residential land and structures. Summary details are given in Table 1.4. The summary of this chapter concludes that in terms of number of affected households this LARP can be categorized as category “B” with less significant impacts in terms of ADB’s SPS (2009) on Involuntary Resettlement.

Table 1.4: Summary of Impact

# Type of Impact Scope of Impact

1 Permanently acquired land area (ha) - Total 0.4

Permanently acquired land area from AHs (ha) - Farmers 0.235

Permanently acquired land area from AHs (ha) - Residential 0.12

Permanently allocated land area from the State (ha) 0.045

2 Temporary acquired land area (ha) - Total 13.88

Temporary acquired land area from AHs (ha) 12.04

Temporary allocated land area from the State (ha) 1.84

3 Number of affected crop types 3

4 Number of severely AHs 2

5 Number of affected Trees 469

6 Number of AHs losing residential and other structures 2

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7 Total number of AHs (APs) 11(68)

8 Number of Tension (Suspension) towers 7(28)

9 The total length of the section (km) 9.25

1.3. Socio-economic information and profile 25. In accordance with draft LARP that was prepared in 2015, there was listed in total 6 farms as affected households in section 1 of the NWRTLP which is located in Nayman settlement of Takhiatash district. In this updated LARP, the list of AHs has been updated. As a result of DMS and census, there are now in total 11 AHs including, 9 AHs whose agricultural lands and 2 AHs whose residential lands will be impacted.

Table 1.5: Comparison of changes in AHs based on the draft and updated LARPs

Draft LARP, 2015 Updated LARP, 2019

Number of total Ahs 6 11 Number of affected farms

6 9

Number of affected residential households

0 1. Tursunbayev Olimjon 2. Seyitov Rustam

Number of affected business structures

0 0

Name of affected farms 1. Sanobar Saparbaeva 1. Sanobar Saparbayeva

2. Alisher 2. Alisher

3. Roza Bonu 3. Roza Bonu

4. Abdireym bagi Nayman 4. Abdureim Bag'i Nayman

5. Sobirov Saparmurod 5. Charos Zilola

6. Jumabay Kiyat 6. Taxiatash Agro Ekspo

7. Ay Asil Kanat

8. Taxiatash Amudaryo Sohili

9. Taxiatash Agro Ekspo Nayman

26. The field methodology included carrying out a 100% census of 11 affected households (AHs) through interviews, consultations and structured questionnaires. 27. The average age of AHs heads is 47 years old. There are in total 11 AHs, including 1 AH which is a female-headed household and 2 AHs which are the elderly headed households. The rest of the households are headed by male persons. A representative number of APs is aged between 26-40, male 21% and female 47%. The least presented are elderly (66-above) APs 7% and seniors (41-65) APs 7%. 28. 22% of APs (males 10 APs, females 5 APs) are involved in agricultural-related activities, 31% (males 14 APs, females 7 APs) are studying or young family members who are not yet employed. Housekeeping and/or seasonal workers are 9% (males 1 APs, females 5 APs). In total 4 APs are involved in governmental services occupation, including 2 Females and 2 Male APs. There are in total 7 Retired APs which consists of 10% of the total APs. No household member declared themselves as business workers but there are 2 Female APs who are self-employed whom we have included as private business persons. Census has not identified immigrated workers or who are currently working abroad or long distance from their homes.

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29. Under the Project, there is no differentiation between the households headed by a male and those households headed by a female as they will equally feel the impacts of land restrictions and land acquisitions. However, the Project will ensure adequate attention for vulnerable AHs to prevent or mitigate any negative socioeconomic impact.

30. The census has not found disabled APs among affected households. During the structured questionnaire, 1 AH declared as a women-headed household. However, she declared that the agricultural farm is managed by her 44 years old son and according to the documents received by Tax authority the monthly income per month per capita equals around 3 million UZS which is around 10$ per capita per day. Therefore, this women-headed household has not been included as a vulnerable household. During the census, other farms have also declared that they have family members who are elderly persons (60 years for males and 55 years for female members). However, the census revealed that none of them are single retired persons. Based on the census, the affected residential household Seytov Rustam found to be family with lower income or households falling under the generally accepted indicator for poverty in Uzbekistan. However, during the census Seyitov Rustam did not declare other income sources but at the same time he has declared that he is not listed as low-income family in the makhalla list. Additionally, this AH will be given one time allowance as severely affected households whose residential buildings will be demolished and residential land will be acquired for permanent periods. Therefore, in consideration of conditions, that he has been already entitled to a one-time allowance and his declaration of not being low-income family, it has been decided not include him as low-income family.

1.4. Information disclosure, consultation and participation 31. Consultation meetings were carried out with affected households, relevant stakeholders, including cadastral office, land use engineer, design engineers, transmission line operators of the. Resettlement consultants undertook the field visit on June 13-15, 2019. 32. Disclosure of LARP to AHs was done in Takhiatash district Khokimiyat office premises on 17th of June 2019 through meaningful consultation with AHs. In this meeting, Project objectives, ADB’s policy on Involuntary Resettlement, and Grievance Redress Mechanism, entitlements and possible compensation amounts were described in the local language (Uzbek) to AHs and stakeholder in the form of presentation. Before the start of the census, the results of the valuation companies in regard to affected residential structures and trees as well as crops have been received and this information has been disclosed among AHs in order to get their opinions and feedback. The project information will be disseminated through disclosure of the final LARP on ADB’s (in the English Language) and in the NENU website (in local language) upon approval.

1.5. Grievance redress mechanism 33. Complaints can be submitted to makhalla, village assembly of citizens, farmer councils or directly to EA and North-West Main Power Network (NWMPN) office. NWMPN will be the entry point for receiving a complaint or known as a Grievance Focal Point (GFP). Upon receipt of a complaint, the GFP will establish contact with the Project Management Unit (PMU) and makhalla and other relevant bodies. The PMU will establish a complaint handling team headed by one of the NWMPN management staff designated for handling grievances of the project. All complaints will be resolved in 15 days, and in case additional details are required, a maximum of 30 days will be used to resolve and close the complaint. The Project Grievance Redress Mechanism does not prevent any AH to approach the national/government legal system to resolve their complaints at any stage of the grievance redress process. The APs can address their complaints to the courts at any time and not only after using the GRM. AP can also vent their grievances in the ADB Accountability Mechanism.

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1.6. Policy and legal framework

34. The most recent Government resolutions on land acquisition have been used for preparing this LARP. Policy differences between the GOU and ADB have been reconciled where necessary. Based on the survey and consultation, the most important safeguard policy in the context of this project are compensation payable for land acquired if the land-for-land option is unavailable, transparent formulas for the estimation of replacement cost for land and other physical assets, prompt payment of compensation for APs affected by loss of employment, and provision for payment of allowances to the small number of poor and vulnerable APs. 35. The LARP has been prepared in line with national laws/regulations and ADB Safeguard Policy Statement (SPS) 2009. In case of any gaps between the national law and ADB SPS 2009, for this project purpose, the ADB SPS 2009 shall prevail.

36. The analysis of national legislation shows that Uzbekistan is adopted a number of presidential decrees and governmental resolution that fits policies of SPS 2009 in the last few years. For example, the Presidents Decrees on the legalization of non-titled owners of residential houses, allocation of one-time financial allowance for families in need and who are not included in any social programs, and monitoring of any kind of Involuntary resettlement by the approval of Cabinet of Ministers can be an example.

1.7. Entitlements, assistance, and benefits 37. Compensation eligibility will be limited by a cut-off date established based on the last day of the DMS/IOL of affected households. The cut-off date for Karakalpakstan territory is June 15, 2019. Households who settle in the affected area and/or make any improvements on the land parcel to be acquired for the project after the cut-off date will not be eligible for compensation. 38. Preliminary site investigation of section 1 has found 2 AHs who were non-titled AHs using residential lands in section 1 of NWRTLP. This also has been verified by site visits and exploration of Satellite maps. After consultation with local Hokimiyat, these 2 AHs were legalized in order to be eligible for monetary as well as land for land compensation in the frame of this project. These 2 AHs were included in this LARP.

39. The Entitlements Matrix identifies the assets – permanent loss of agricultural land, temporary impact on agricultural land, field crops, socioeconomic impact on vulnerable groups, people without formal title or rights to property, and severely AHs – and what entitlements are able to be received using the legal framework and negotiations between the ADB and NENU. 40. Compensation for residential land will be on a “land for land” basis, with land being provided to owners by the District Hokimiyat. Such land will be of equal value/productivity in a nearby location and with comparable associated services/ facilities, or compensation to provide such services. Transaction costs, registration fees, if any, will be borne by NENU

41. Cash compensation for permanently affected agricultural land at replacement cost will be provided in case the AHs refuse land-for-land compensation. The compensation for the permanent loss of land use rights over the affected agricultural land will be compensated equivalent to 4 years' net average income of the past 3 years (of the affected annual crop). Transaction costs, registration fees, if any, will be borne by NENU.

42. Cash compensation for temporary affected agricultural land at replacement costs will be provided. The compensation for the temporary loss of land use rights over the affected agricultural land will be compensated equivalent to construction years multiplied to the net average income of the past 3 years (of the affected annual crop). Transaction costs, registration fees, if any, will be borne by NENU.

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43. Loss of income from fruits trees and timber trees will be compensated in monetary value based on the market value. Fruit trees will be evaluated based on the average annual income for the past 3 years multiplied by the remaining productive life of the fruit-bearing trees. In the case of loss of timber trees, compensation will be based on the market value of their dry wood volume. 44. Loss income from crops planted on the affected land will be compensated in monetary value at replacement cost based on average net income computed based on the annual average income over the past 3 years to restore the lands for an affected portion of land.

45. Compensation for affected structures is based on the results of the market estimation of the cost of the specified object, including all the related payments, depreciation and transaction costs and relocation costs. Full compensation will be also provided for the affected substructures adjacent to the house. No deductions shall be made for salvageable materials. The results of the DMS/valuation reports will be used as a reference to pay compensation to AHs in this LARP.

Table 1.6: Entitlements Matrix

Type Specificat

ions Affected HHs Entitlement

A. Impact on Land

A.1. Agricultural land

Permanent land losses caused by tower construction

All AHs, Leaseholders

1. Monetary Compensation at replacement cost by providing compensation for loss of land use rights equivalent to 4 years of the net average income 2of the past 3 years (of the affected annual crops.);

2. Unaffected portions of an affected arable plot will also be compensated if the same becomes unviable after impact.

3. Transaction cost, registration fee, related to new plot allotted will be borne by NENU

4. Independent valuator will be engaged only in cases where AHs disagree by DMS valuation.

Temporary land losses caused by tower construction and transmission line stringing

1. Monetary Compensation at replacement cost by providing compensation for loss of land use rights equivalent to temporary period years of the net

average income 3of the past 3 years (of the affected annual crops.);


3. Independent valuator will be engaged only in cases where AHs disagree with compensation rates

A.2. Residential

land

Land Loss All AHs, Leaseholders with Lifelong inheritable possession/ permanent possession

1. Land for land compensation through the provision of a land plot comparable in value/location to the plot lost including services (or compensation to provide such services) to plots lost with registration and transfer charges if any to be borne by the project;

OR 2. Unaffected portions of a plot will also be

compensated if they become unviable after the impact occurs.

2 Based on the Tax authority information 3 Based on the Tax authority information

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Type Specificat


3. All mandatory fees for registering the land, completion of required house design, surveys, acquiring permission for construction under the AHs name and any other related costs will be paid by NENU.

B. Impact on Structures

Residential / Business structures

Full or partial loss of structures

Ownership 1. Monetary compensation at full replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. OR

2. In case of partial impacts on structures (structure wall, fences, etc.), monetary compensation at replacement rates to restore the remaining structure.

3. Unaffected portions of the structure will also be compensated at replacement value if they become unviable after impact.

4. Monetary Compensation at replacement cost to be determined by the Independent Valuator and cost of valuation shall be paid by NENU.

C. Impact on Crops and Trees

Agriculture land, orchard

Loss of crops

All AHs 1 Monetary compensation at replacement cost for primary (and secondary crops if any) on affected land-based on 1 year of production costs (inputs) plus an allowance equivalent to 1-year average net income based on the average income over the past 3 years.

2 Monetary compensation at replacement cost will be determined by Uzdavyerloyiha Institute.

3 Independent valuator will be engaged only in cases where AHs disagree with monetary compensation rates

Loss of fruit trees

All AHs (including the non-leased landowner)

1. Monetary compensation for fruit trees will be based on the average annual income for the past 3 years multiplied by the remaining productive life of the fruit-bearing trees.

2. Production costs (inputs) of trees till to cut date. 3. Monetary Compensation at replacement cost to

be determined by the Independent Valuator and cost of valuation shall be paid by NENU.

4. Felled trees will be kept by the AHs. Loss of

timber trees

All AHs 1. Monetary compensation for timber trees will be compensated based on the market value of dry wood volume. OR Production costs (inputs) of trees till to cut date.

2. Monetary compensation at full replacement rate for affected

3. Felled trees will be kept by the AHs. D. Impact on Income and Livelihood

Employment from affected agricultural land

Loss of employment from affected agricultural land

Agricultural workers losing their contract

1. Monetary indemnity corresponding to their salary (in monetary value and in-kind4 benefit) for the remaining part of the agricultural year/or contractual period whichever is higher in monetary value.

4 Products which workers used to receive as payment and/or additional benefit for on-farm work such as wheat, rice,

hay etc.

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Type Specificat


E. Vulnerable Households

Vulnerable Affected

Households

Low-income households,

female-headed households with

fewer than 2 adult income-earners, HHs with disabled

family members)

1. Financial aid allowance is equivalent to 5 times of minimal wage given a lump sum at once. According to the Presidential Decree # 4086 financial aid allowance for families in need starting from August 1, 2019, is set 406,000 – 1,014,000 UZS per AHs.

2. Priority for employment in project-related jobs, training opportunities, self-employment, and wage employment assistance.

F. Impact on Community Structures and Assets

Community Structures and Assets

Loss or damage to

public infrastructure and utility

Community-owned Assets

1. Rehabilitation/replacement of affected structures/utilities (i.e. footbridges, roads, communication lines, water pipelines, power transmission lines, etc.) to pre-Project level.

G. Any unanticipated Impacts

Any unanticipated impacts identified during the Project implementation will be compensated in full at replacement rate, subject to independent valuation methodology.

1.8. Income restoration and rehabilitation

46. In section 1 of the NWRTLP, there are 2 AHs who will be impacted by 100% of their buildings and structures and residential land. As part of the income restoration and rehabilitation measures, these 2 AHs will be provided compensation at replacement cost for their impacted structures and land for land compensation of equal value and size will be provided. Additionally, these 2 AHs who will lose their residential land will be provided one-time additional support in the amount of 5 times of minimum income wage.

1.9. Resettlement budget and financing plan 47. The LARP budget, based on compensation calculations for losses to agricultural land, crops, agricultural land replacement, building and structures, and support allowances are estimated to be US$ 36,012 The direct compensation cost will comprise 94% while indirect cost 6% of the total compensation costs. Internal monitoring and evaluation, as well as LARP implementation, will be covered under an ongoing contract package between NENU and PIC. The detailed budget items are summarized in Table 7 below.

Table 1.7: Summary of Estimated Budget

№ Description Cost Estimate, UZS Cost Estimate, USD

Direct Cost (A)

1 Permanent impact 0 0

2 Temporary impact 1,973,070 218

3 Crops 60,373,000 6,663

4 Trees 108,663,435 11,992

5 Building and Structures 136,244,845 15,036

Subtotal (A) 307,254,350 33,910

(B) Indirect cost

6 Assistance for severely AHs 2,028,000 224

7 Relocation for Residential AHs 1,000,000 110

8 Rental Allowance 14,400,000 1,589

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№ Description Cost Estimate, UZS Cost Estimate, USD

9 Reimbursement of the Valuation Fee

1,620,000 179

Subtotal (B) 19,048,000 2,102

Grand Total 326,302,350 36,012

1.10. Institutional arrangements 48. The State Joint-Stock Company National Electric Networks of Uzbekistan (NENU) NENU will have an overall responsibility to implement the LARP as the executing agency. Khorezm main power network (KMPN) is one of five power networks of NENU responsible for power transmission and maintenance of transmission lines and substations in the North – West region of Uzbekistan. NWMPN will be the entry point for receiving a complaint or known as a Focal Grievance Point (FGP). Moreover, NWMPN will ensure local monitoring of LARP implementation and assisting PMU in all LARP related implementation activities. 49. The PMU within NENU will be responsible for the day-to-day management of LARP implementation. The PMU team together with Fichtner GmbH & C.KG as Project Implementation Consultant (PIC) for planning, implementation, and monitoring of LARP. The PMU will work closely with relevant government agencies and community-based organizations.

1.11. LARP Implementation 50. The implementation of this updated LARP for section 1 of NWRTLP will be scheduled after review and approval of the final LARP by ADB. All activities related to the land acquisition and resettlement will be planned to ensure that compensation is paid before taking possession of land and commencement of civil works. Public consultation, monitoring, and grievance redress will be undertaken intermittently throughout the project duration. Construction will be initiated when compensation is fully paid. The completion of LARP implementation will be documented through the LARP implementation compliance report (s) and approved by ADB.

1.12. Monitoring and reporting 51. The implementation of LARP will be internally monitored by NENU. For that purpose, NENU has hired Fichtner GmbH & C.KG as Project Implementation Consultant (PIC) for monitoring and reporting of LARP implementation. Resettlement Expert of PIC will work closely with PMU’s Safeguards Specialist and the engineering team. The Resettlement Expert will carry out internal monitoring process in close coordination with local Hokimiyat and community-based organizations. Internal monitoring will be carried out in parallel to project implementation and at different stages respectively. 52. The Resettlement Expert will prepare the LARP compliance report to record whether the LARP has been implemented and all AHs have been compensated prior to the commencement of civil work. The Resettlement Expert will compile a full report with including extended detailed information on actual land acquisition and impact, listing affected households and payment. Based on that full implementation report a Compliance Report will be submitted to EA and ADB. The Monitoring/Compliance report will be used by ADB and NENU as a basis to issue a notice to proceed with civil work activities to the contractor. Internal monitoring will be carried out continually after completing LARP implementation and prepared semi-annual reports that will be submitted to the EA and ADB. The PMU will disclose relevant information from such reports to affected persons promptly upon submission to ADB

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2. PROJECT DESCRIPTION

2.1 General

53. The Government of the Republic of Uzbekistan (the Government) has applied for financing from the Asian Development Bank (ADB) in the form of a loan toward the cost of the North-West Region Power Transmission Project (NWRTLP). The Project will strengthen energy security through improved power system reliability and efficiency by constructing a new transmission line without passing through any country. The new line will transmit power from Takhiatash Thermal Power Plant (TPP) and increase the reliability of power supply for the Khorezm province and Karakalpakstan in the northwestern part of Uzbekistan where major investments will be developed, benefiting at least 3 million population.

54. The State Joint-Stock Company National Electric Networks of Uzbekistan (NENU) acting as the successor of the Unitary Enterprise “Uzelektrotarmoq” that was under the Joint-Stock Company Uzbekenergo (UE) is the executing agency of the NWRTLP. NENU has been institutionally reformed by Presidential Decree #4249 on 27 March 2019, and currently affiliated to the Ministry of Energy. The draft Land Acquisition and Resettlement Plan (LARP) was prepared by NENU based on the preliminary design in March 2015. According to draft LARP the NWRTLP was classified as Category B for involuntary resettlement. 55. The draft Land Acquisition and Resettlement Plan (LARP) was prepared by NENU based on the preliminary design in March 2015. According to draft LARP the NWRTLP was classified as Category B for involuntary resettlement.

56. This updated LARP covers the assessment of impacts associated with permanent land acquisition for construction of TL towers and temporary land acquisition for stringing the conductor cables of TL. Aside from an assessment of impacts, this LARP provides an assessment of compensation to the affected persons and affected households, implementation arrangement, grievance mechanism, and monitoring and reporting in compliance with policies, laws, and regulations of Uzbekistan, and the policies of the ADB as described in the Safeguard Policy Statement (2009). 57. Project-related construction activities will be done and financially covered by NENU. Procurement of the equipment and goods will be performed under the ADB loan. The total cost of the project is 258,5mln USD. Feasibility study approved by Decree of the President of Uzbekistan No. 2541 on 06 June 2016.

2.2 Project components

58. The Project will strengthen energy security through improved power system reliability and efficiency by constructing a new transmission line through Uzbekistan only. 59. The Project consists of the following main components: i. Construction of 363,8 km of 220 kV single-circuit overhead transmission line: between Takhiatash TPP and 220 kV Khorezm substation (197,7 km) and between Khorezm substation and Sarymay substation near V1 node (166,1 km);

ii. Expansion/Rehabilitation/Construction of 2 Substations. Including (a) rehabilitation and expansion of 220/110 kV Khorezm Substation; and (b) construction of an open switchyard 220 kV of a new 500/220 kV Sarymay Switchyard near a V-1 node (Sarimay settlement); and

25

iii. Support for Institutional Development, Capacity Building, and Project Management: including (a) consultancy service for project supervision and management, (b) upgrading transmission system planning and dispatch automation, (c) implementation of asset management system, (d) external auditing for project accounting, and (e) strengthening NENU operational and maintenance capacity for transmission assets.

60. In this report component Construction of 363,8 km of 220 kV single-circuit overhead transmission line: between Takhiatash TPP and 220 kV Khorezm substation (197,7 km) and between Khorezm substation and Sarymay substation near V1 node (166,1 km) is included. 61. In 2018 NENU asked ADB to split the above-mentioned components (i) and (ii) into seven sections to accelerate the construction works. Later in 2019, no-objection letter to LARP revision was given by ADB’s Energy Division of Central and West Asia Department to NENU. As a result, the project was split into seven sections as shown in Table 1.1 below.

Table 1.1: The division of the NWRTLP


Impact

Actions needed

Section 1: The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)

YES


Section 2 (Part 2A): The power line section between 1st river-crossing of the transmission line with the Amudarya River and Tension Tower 25 (Republic of Karakalpakstan)

NO


Section 2 Part 2B The power line section between Tension Tower 25 and 2nd river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)

YES

Resettlement Plan is being prepared

Section 3: The power line section between 2nd (Khorezm region) river-crossing of the transmission line with the Amudarya River and “Khorezm” Substation (Khorezm region)

YES


Section 4: “Khorezm” Substation (Khorezm region)

NO


Section 5: The power line section between “Khorezm” Substation and 3rd river-crossing of the transmission line with the Amudarya River (Khorezm region)

YES


Section 1: The power line section between the 3rd river-crossing of the transmission line with Amudarya River and Sarimay Switchyard (Khorezm region and Karakalpakstan)

YES

Resettlement Plan submitted

Section 7: Sarimay Switchyard (Khorezm region)

NO Social Due Diligence Report submitted

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62. This Resettlement Plan has been updated for the subproject “Section 1: The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)”. According to the census and DMS, there are 9 affected farmers whose agricultural lands will be impacted, 3 State Governed Lands and 2 Residential Houses who will be impacted for a permanent and temporary period. 63. According to the Asian Development Bank definition below, the project can be categorized as Category B which has insignificant involuntary resettlement impacts (i.e. less than 200 people are displaced from housing and/or lose 10 percent or more of their productive assets (income-generating).

2.3 Project area

2.3.1 Location of NWRTLP

64. NWRTLP is located in the south-western provinces of Karakalpakstan and Khorezm region of the Republic of Uzbekistan, near the border of Turkmenistan (see figure 1). The new line will transmit power from Takhiatash Thermal Power Plant (TPP) to Khorezm Region. 65. The first part of the TL route passes across the territories of Hojeyli, Nukus, Karauzyak, Amudarya and Beruniy districts of the Republic of Karakalpakstan, and Urgench and Yangibazar districts of the Khorezm region of the Republic of Uzbekistan. The second part of the projected TL route is laid across territories of Urgench, Hanka, Yangiarik, Bagat and Hazarasp districts of the Khorezm region and the Turtkul district of the Republic of Karakalpakstan.

Figure 1: Map of ADB financed NWRTLP location

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2.3.2 Location of Section 1

66. Construction of transmission line (TL) within Section 1 of NWRTLP will be carried out in Takhatash district of the Karakalpakstan Republic. The total length of the transmission line in section 1 will be 9250 meters which pass through Naymankul massiv of Takhiatash district and Takhiatash city territories. In total 7 tension and 28 suspension towers will be built in this section of NWRTLP.

Figure 2: Location of Section 1

67. As described in figure 2, the power line section (red line) 1 starts by connection to an existing TLs Tension Tower 18 (blue line) that is coming from Takhiatash Thermal Power Plant (TPP) and ends at the 1st river-crossing of Amudarya river. The TL will impact farmers' land, forest land, the state reserve lands, and residential buildings and residential lands. There are in total 9 affected farms whose agricultural lands will be impacted, 3 State Governed Lands and 2 Residential Houses who will be impacted for a permanent and temporary period due to NWRTLP

2.4 Current status of LARP

68. This updated Land Acquisition and Resettlement Plan (LARP) was prepared by Resettlement Expert within June - August 2019 period. This LARP aims to provide a final impact assessment of section 1 of NWRTLP and plan needed for compensation/rehabilitation measures. DMS/IOL for section 1 was based on the final design prepared by the Design Institute – Sredazenergosetproject within the 2016-2018 period. The reports of DMS/IOL were prepared by the regional branches of Uzdavyerloyiha (State land design institute) of Karakalpakstan Republic in May - June 2019. 69. In accordance with draft LARP that was prepared in 2015, section 1 part was passed through Hujayli district and in 2017 the Hujayli district of Karakalpakstan was restructured into Hujayli and Takhiatash districts. As a result of this restructuring process, now section 1 passes through Takhiatash district and Takhiatash cities. According to the draft LARP that was based on the initial design, only 6 farmers were affected and no affected residential household was observed. In this present updated LARP based on the Final design, now, there are 11 AHs including, 2 residential houses and 9 farmers who will be affected.

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The reason for including residential houses that 2 residential houses were built in 2017 by the permission of local Hokimiyat after the expiry of previous land acquisition acts and the number of affected farmers was increased due to land reforms. Additionally, in this updated LARP State governed lands have been identified. 70. In January 2019, the district Hakim of Takhiatash prolonged the previous land allocation acts that were given in 2015 for the permanent use of agricultural lands for the construction of TLs. The previous acts given for temporary land acquisition is not anymore valid. Therefore, new land allocation acts have been issued to NENU for the period of 2019 to 2021. 71. Cadastral information containing technical, economic and legal characteristics of the land plot, information about the owners of the land plots also studied from cadastral documents for Takhiatash district.

2.5 LARP and Project implementation conditions

72. This LARP fits relevant Uzbekistan legislation and the ADB’s Safeguard Policy Statement of 2009 (SPS 2009) on Involuntary Resettlement. Based on the Resolutions of the Cabinet of Ministers (№ 146, №317) any agricultural land acquisition has to be carried out only after the value of compensation has agreed and paid by the legal entity whom land is allocated to land user (i.e., farmers) and, demolition of residential houses can be demolished only after payment of full compensation to AHs (Resolutions of the Cabinet of Ministers - 63, 97, 3857, Presidential Decrees – 5495, 5491). The recent GOU law and regulation on land acquisition require also that civil works can be commenced only after meaningful consultation with affected households and payment of full replacement cost for land acquisition. The detail description of the regulations is given in Chapter 7 of this Report. 73. The ADB safeguard policy also requires that project implementation will subject to the LARP related conditions. The most important conditions are: (i) land acquisition, including demolition of any structure and housing, is allowed only after all compensations are fully paid, and (ii) commencement of Civil Works is conditional to the satisfactory implementation of the final LARP to be checked and verified by Resettlement Expert and reported in the LARP compliance report. 74. As of final detailed design, the area for construction of TL within section 1 NWRTLP and route alignment was selected mostly out of the state reserve land to minimize land acquisition. As stated above, there are only 2 affected households who will lose less than 10% of their agricultural lands. 75. This updated LARP is subject for approval by ADB and the implementation requires to follow these milestones:

• All the fieldwork related to reconstruction and construction of substations and TL construction and other support field works can only be commenced after the updated LARP is approved by ADB, and compensation based on the updated LARP is fully paid.

• NENU will submit to ADB a report on completing the implementation of LARP especially on payment of compensations to AHs.

• A LARP Compliance Report needs to be prepared by Resettlement Expert and be issued from the NENU to ADB to confirm that compensation money and other allowances have been fully paid to AHs. This report will be used by ADB as one of the conditions in the disbursement of loan money.

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76. Project Implementation Consultant (PIC) Fichtner Co & KG GmbH was hired to carry out the updating, implementation, and monitoring of LARP. The Project Management Unit (PMU) will assist PIC with the implementation of LARP and record it in the report. For that purpose, PMU assigned the responsible Safeguards Specialist Mr. Azizbek Botirov. PIC and the Safeguards Specialist of PMU will check the implementation of LARP and produce the LARP compliance report prior to the commencement of civil works. 77. A leaflet in the Uzbek/Russian language containing a brief description, eligibility criteria, the entitlement matrix, and implementation schedule will be distributed to AHs and any other affected parties by the representatives of NENU through local authority and makhalla. The updated LARP will be available on websites of NENU and ADB.

2.6 Approach and methodology

78. This updated LARP is based on a detailed study of the impacts of land acquisition. In order to accurately assess the impacts of land acquisition, the following activities have been undertaken:

• Detailed Measurement Survey (DMS) and Inventory of Losses (IOL) is aimed to measure the size and type of land, as well as identify households and study of business and farming practice and assets that will be affected by the land acquisition;

• Assessing official documents from Cadastral office, Tax office, Farmers’ Protocols • AH/AP census aimed to gather the socioeconomic conditions of affected households

and affected people; • Consultation with governmental agencies and affected parties; • The final estimation of compensation rates aimed to provide a full replacement cost

based on the entitlement matrix given in this LARP. 79. The DMS and IOL were undertaken by the regional branches of Uzdavyerloyiha (State land design institute) in Khorezm province and the Karakalpakstan Republic with professionally qualified land surveyors who measured the affected area of land acquisition in the form of land parcels. The DMS, as well as IOL results, were based on the final design prepared by the Design Institute – Sredazenergosetproject (SAESP) within 2016-2018 years. The results of DMS and IOL was verified and completed by the Resettlement Expert by visiting the project location and in consultation with affected households as well as local stakeholders. Moreover, Resettlement Expert has implemented a census of affected households and due diligence work to identify and consider non-titled land users and their assets without differentiating the legal status of ownership for adequate compensation. 80. After identifying assets affected by land acquisition, the census survey on the socio-economic situation of the land users was undertaken to cover both informal and legal ownership of the asset. Aside from interviews, the questionnaire was designed by taking into account a culturally sensitive to record accurate response, was used as a census tool. The questionnaire covers the following aspects: (i) household composition and socio-economic characteristics (age, ethnicity, education, gender, etc.); (ii) occupation and break-down of household expenditures; (iii) land owned/occupied and agricultural activities; (iv) debts and assets; and (v) preferences for compensation and livelihood restoration assistance.

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3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

81. This chapter discusses the project impacts, the scope of land acquisition and summarizes the key effects in terms of assets acquired and affected households.

3.1. Approaches to the identification of project impacts

3.1.1 Census and inventory of losses 82. The approach applied in determining the potential impacts of the project was the conduct of the IOL where all immovable properties inside the ROW corridors were determined, counted, measured, tagged, owners identified and their places of residence were verified with commune authorities. In assessing the potential losses of properties, the severity of impacts to AHs was determined, from their sources of livelihoods to their productive capacity. The assessments were based on the DMS/IOL results and information disclosed by APs that cover sources of livelihood, income level, and ownership of productive assets. 83. The census in Takhiatash district was conducted from 13 - 15 June 2019 by Resettlement consultant of PIC (see annex 1-2) while IOL and DMS were prepared in May 2019 by Land Use Planning Institute - Uzdayerloyiha branch of Karakalpakstan. Both census and DMS/IOL is based on the final design that was developed by Design Institute – SAESP.

3.2 Summary of impacts 84. The territory of section 1 of the NWRTLP starts from connection to an existing TL’s Tension Tower 18 that is coming from Takhiatash Thermal Power Plant (TPP) and ends at the 1st river-crossing of Amudarya river. The TL will impact farmers' land, forest land, the state reserve lands, and residential buildings and residential lands. There are in total 9 affected farms whose agricultural lands will be impacted, 3 State Governed Lands and 2 Residential Houses who will be impacted for permanent and temporary periods due to NWRTLP (Annex 4). All AHs are located within the Takhiatash District.

Figure 3: Location of land users within section 1 (part A)

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Figure 4: Location of land users within section 1 (part B)

85. Section 1 has been split into 18 land units and the details of these land units are given in table 3.1 below

Table 3.1: Details of the land users in Section 1

86. A list of the AHs was based on the reference Letter was given from the Land Use Planning Institute of Karakalpakstan - Uzdavyerloyiha for section 1 (Annex 5).

Land unit number in Figure

3 & 4

Land user

Land use type

Interval distance, meters

Length of the

interval, meters

Number of AHs

1 “Charos Zilola” farm Agricultural 0-300 300 1

2 Tursunboev Olimjon Residential 300-335 35 1

Seyitov Rustam Residential 335-345 10 1



5 “Alisher” farm Agricultural 1810-2210 400 1


7 “Roza Bonu” farm Agricultural 2270-2850 580 1


9 Roza Bonu” farm Agricultural 3115-3755 640 0

10 “Abduraym Bog’I Nayman” farm Agricultural 3755-3955 200 1

11 Takhiatash city Reserve Lands Other lands 3955-4965 1010 0


13 Takhiatash Agro Expo” farm Agricultural 5275-6385 1110 1

14 “Ay Asil Qanat “farm Agricultural 6385-7105 720 1

15 Takhiatash Amudaryo Sohili “farm Agricultural 7105-8450 1345 1

16 Takhiatash Agro Expo Nayman farm Agricultural 8450-9000 550 1

17 Khojaly State reserve land Forestry 9000-9220 220 0

18 Amudarya River Bank Other lands 9220-9250 30 0

TOTAL 11

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87. The RoW of 9,250 meters TL will have an area of approximately 13.88 ha that is necessary for construction and stringing of TL in section 1. For the erection of TL towers permanently 0.391ha of land will be required. Table 3.2 summarizes both permanent and temporary total land acquisition and land allocation in section 1. Estimated impacts by districts and land use types are given in the following subsections.

Table 3.2: Summary of Total Land Acquisition Impacts

Type of Land Use

Ten

sio

n

To

we

rs

Su

spe

nsio

n

Tow

ers

Permanent Impact (ha) Temporary Impact (ha) Total

number of AHs

Total AHs5

State enterprises,

reserve, forest, and other lands

Total AHs

State reserve, forest, and

other lands

Agricultural 7 28 0.28 0.235 0.045 13.88 10.53 3.35 9

Residential 0 0 0.12 0,12 - - - - 2

TOTAL 7 28 0.4 0.391 0.045 13.88 10.53 3.35 11

88. The Project is classified as Category B for involuntary resettlement consistent with the definition in para. 8 (ii) of the Bank’s OM Section F1/OP (04 March 2010), which states that: “A proposed project is classified as Category B if it includes involuntary resettlement impacts that are not deemed significant6.

3.3 Construction of transmission line 89. According to the SAESP and resolution of Cabinet of Ministers (CoM) “On the approval of the rules of protection of power transmission facility objects dated 26.12.2018 # 1050 a safety zone of 60 meters width (30 meters from the center of the tower to each side) will be established for 220 kV TL (Figure 3). The safety zone of TLs is a land plot from the surface to the bottom, on which a special procedure is established for the ownership and use of a land plot. Safety zones of TLs established in accordance with the rules are encumbrances of land plots and are subject to state registration in the prescribed manner.

Figure 5: Safety zone for the 220 kV TL in Uzbekistan (30 meters from the center)

5 AHs in this report defines private farms and residential households 6 The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Source: para. 9 of the Bank’s OM Section F1/OP (04 March 2010)

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90. The land area for safety zones is not subject to withdrawal from landowners, landowners and land users, including tenants. After completion of the construction works safety zone does not restrict normal farming activity such as cropping, harvesting, grazing, plowing. Only incompatible activities, milking sheds, residential dwellings, and some major earthworks - primarily around the foundations of the transmission towers would be restricted. Therefore, all the residential houses within the safety zone are subject to demolition. Other non-residential structures are not subject to restrictions. Also, agricultural and other types of businesses can continue their activities within the safety zone by following norms in the Resolution of CoM#1050. 91. Land allocation for a permanent and temporary period for the construction of tension and suspension towers are regulated by land allocation norms of Uzbekistan - KMK 2.10.08-97 – Land allocation norms for power transmission lines 0.4 – 750 kV. Based on this document, land for a temporary period of three years will be allocated with a width of 15 meters for NENU to string the cables and construction towers. The contractor for civil works will clean the corridor before the start of construction works; therefore, all the structures, houses, crops and trees are subject to demolition. 92. Based on the final design, in total, 9.25 km of TL will be stringed. There are in total 7 tension and 28 suspension towers in this section. The suspension towers will be erected within the distance of 150-250 meters while tension towers will be erected on each angle of TL where required.

3.3.1 Permanent land impacts 93. Permanent land acquisition from 11 affected households will be required for the construction of Tension and Suspension Towers. Additionally, in this district land will be allocated out of the State’s Reserve Land and Forest land According to the final design for the construction, a land from 75 to 203 sqm is needed for different types of tension towers while from 33 to 63 sqm is needed for different types of suspension towers. The details of land allocation norms are given in Table 3.2.

Table 3.3: Permanent land allocation norms for construction of Towers

№ Type of towers Permanent land

allocation norms, sqm

Tension tower

1 У220-3 75

2 У220-3+5 105

3 У220-3+9 130

4 У220-3+14 167

5 У330-3+5 126

6 У330-3+9 155

7 ПП330-1/51 2037

Suspension tower

2 2ПБ220-1ТСз (21.5) 33

3 П220-3, П220-Т 57

4 П220-3+5 63

5 ПС220-3 51

7 This type of tension tower will be erected along the river banks when TL crosses Amudarya River.

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94. Section 1 of the project affects 11 AHs that are located in Takhiatash district and State Reserve lands located in Takhiatash district and Takhiatash city. In total, 0.355 ha of land will be permanently acquired from affected farms and residential households. The majority of permanent land for the construction of TL will be allocated from Takhiatash district lands. The share of the state-owned lands is around 0.045 ha.

95. The complete list of the land users showing their individual impacts is shown in Table 3.4.

Table 3.4: Permanent land acquisition and land allocation

96. According to the census in a total of 9 farms will be affected due to the construction works. The main impacts are related to permanent land acquisition and the impact on crops such as cotton and rice. Compensation for permanent land acquisition to farmers will be provided in the form of monetary compensation instead of land for land since the impact in terms of % is not significant with the maximum impact of 0.25%. This option has been approved during the census survey by farmers.

97. According to the census, in total 2 AHs will have a permanent land impact in the size of 0.06 ha per affected household. The AH-1 - Tursunboev Olimjon will be impacted due to the construction work while AH-2 - Seyitov Rustam will be impacted due to the restriction to build a residential house within the safety zone. The building and structures of AH1 (56.25sqm) and AH2 (126.5 sqm) will be demolished. As compensation for demolished structures, a monetary compensation at replacement cost will be provided while a new land parcel has been allocated as land to land compensation. AH-3 - Gaipov Nurbek has not built yet any buildings, therefore in order to avoid involuntary resettlement, residential building will be built out of the safety zone. Therefore, lands of Gaipov Nurbek will not be permanently affected due to the project. During the implementation of current LARP, safeguard specialist will ensure and document that AH-3 has not been affected in terms of land and buildings.

№ Land user

Type of Land User

Permanent land acquisition and allocation, ha

Land use type

Number of Tension

(Suspension) Towers

1.

Charos Zilola farm Agr. Farm 0.027 Arable land 1(1)

2.

Sanobar Saparbayeva farm Agr. Farm 0.033 Arable land 1(3)

3. Alisher farm Agr. Farm 0.013 Arable land 0(2)

4. Roza Bonu farm Agr. Farm 0.046 Arable land 2(3)

5. Abduraym Bog’I Nayman Agr. Farm 0.013 Arable land 1(0)

6. Takhiatash Agro Expo Agr. Farm 0.032 Arable land 1(3)

7. Ay Asil Qanat Agr. Farm 0.013 Arable land 0(2)

8. Takhatash Amudaryo Sohili Agr. Farm 0.032 Rangeland 0(5)

9. Takhatash Agro Expo Nayman

Agr. Farm 0.026 Arable land 1(2)

10 Tursunboev Olimjon Residential 0.06 Residential 0 (0)

11 Seyitov Rustam Residential 0.06 Residential 0 (0)

12 State Owned Lands State Lands 0.045 Rangelands

TOTAL 0.40 7(28)

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3.3.2 Temporary land impacts 98. Temporary impacts envisaged during the construction are resultant from the requirement for temporary access of vehicles that will deliver the pre-fabricated steel, equipment, cables, and utilities, construction materials in the work areas as well as stringing the cables with special machinery. The actual area required for the construction of tension and suspension towers is based on specifications prepared in the final detailed design that is given in Table 3.5. The TL requires a temporary alignment corridor of 15 meters in width for stringing the conductor cables. Therefore, temporary land allocation within the RoW of 15 meters will be also applicable to tower erection as well (see Annex 5).

Table 3.5: Temporary land allocation norms for construction of Towers

№ Type of towers

Temporary land allocation norms, sqm

Tension towers

1 У220-3 700

2 У220-3+5 700

3 У220-3+9 700

4 У220-3+14 700

5 У330-3+5 630

6 У330-3+9 700

7 ПП330-1/51 500

Suspension towers

2 2ПБ220-1ТСз(21.5) 800

3 П220-3, П220-Т 560

4 П220-3+5 560

5 ПС220-3 560 99. In total 9 AHs will be temporarily impacted on their lands in section 1 of the NWRTLP project. All AHs are located in Takhiatash district. In total, 13.88 ha of land will be temporarily acquired for the project for a period of 1 year. However, the land allocation act is given for the 3 years and compensation for temporary land acquisition to farmers was provided for the 3 years. Out of the total, 10.53 ha of land will be allocated from agricultural farms while 3.35 ha of land will be allocated out the State Governed Lands. The residential lands will be permanently impacted. The complete list of the land users showing their individual impacts is shown in Table 3.6.

Table 3.6: Temporary land acquisition and land allocation

№ Land user Type of

Land User

Distances in the total

section of TL

Temporary land

acquisition and land

allocation, ha

Land use type

1. Charos Zilola farm Agr. Farm 300 0.45 Arable land

2. Sanobar Saparbayeva farm Agr. Farm 1170 1.76 Arable land

3. Alisher farm Agr. Farm 400 0.6 Arable land

4. Roza Bonu farm Agr. Farm 1220 1.83 Arable land

5. Abduraym Bog’I Nayman Agr. Farm 200 0.3 Arable land

6. Takhiatash Agro Expo Agr. Farm 1110 1.67 Arable land

7. Ay Asil Qanat Agr. Farm 720 1.08 Rangeland

8. Takhatash Amudaryo Sohili Agr. Farm 1345 2.02 Arable land

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№ Land user Type of

Land User

Distances in the total

section of TL

Temporary land

acquisition and land

allocation, ha

Land use type

9. Takhatash Agro Expo Nayman

Agr. Farm 550 0.82 Arable land

10 Takhiatash city lands State Lands

1010 1.51 Rangeland

11 Khojayli State forestry land State Lands

220 0.33 Rangeland

12. District reserve lands State Lands

975 1.46 Rangeland

13 Amudarya River Bank State Lands

30 0.05 Rangeland

TOTAL 9250 13.88

100. About 76% of the temporary alignment corridor will pass through the agricultural farms while around 24% of the temporary alignment corridor is needed out of the state-governed lands and 0.4% will pass through residential lands. Details of AHs and land users with an indication of corridor length is presented in Table 3.6

Table 3.7: Length of TL by land-use type

Land users Total

meters %

Agricultural Farms 7015 75.8%

Residential Households 40 0.4%

State enterprises, reserve, forest, and other lands

2195 23.8%

TOTAL 9250 100%

3.4 Loss of crops

101. In section 1, the majority of the AHs are cultivating cotton and rice, while only 3 AHs declared that corn is planted on affected lands. According to the NENU, the construction works will be taken place only 1 year and next year farms can continue to cultivate their crops again. Some farms declared that there are nor crops on affected lands but only trees to be affected. The compensation for the future income loss from the cropping is given in the resettlement budget chapter. Table 3.8 below represents the annual harvest expected for this year8.

8 According to the census data

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Table 3.8: Details of annual crops and yields of Ahs

№ Name of AH Affected crop Yield Per 1

ha, kg Affected land, ha

Total loss from the affected land, kg

1 Charos Zilola Rice 1500 0.45 675

2 Sanobar Saparbayeva Cotton 2200 1.42 3125

3 Alisher Cotton 2180 0.6 1307

4 Ro'za Bonu Cotton 2200 1.41 3102

5 Taxiatash Agro Expo Cotton 2200 1.1 2420

6 Ay Asil Kanat Cotton 2200 0.93 2046

7 Taxiatash Amudaryo Sohili Rice 1500 1.53 2295

8 Taxiatash Agro Expo Nayman Rice 1500 0.65 975

Cotton 1800 0.5 900 TOTAL 8.59

102. During the census and inventory of losses carried out in May-June 2019, there were crops planted on the affected agricultural land. Nowadays, in October months most of the crops have been already harvested and there can be no crops at all on the affected lands. Therefore, during the implementation of this LARP and payment of compensation AHs, there can be a situation where no compensation will be needed for crops since there will be no crops on fields. So, the payment for affected crops listed in this Report will be subject to revising based on the availability of crops on fields.

3.5 Loss of structures and residential houses

103. Two AHs will be permanently impacted in section 1 of the NWRTLP based on the DMS/IOL as well as by site visits of Resettlement consultants.

Figure 6: Location of Residential Lands Note: Green line – Boundaries of Residential AHs, Blue line – RoW needed for Safety zone with 60 meters, Red line – RoW needed for Construction works with 15 meters AH-1: Tursunboev Olimjon, AH-2: Seyitov Rustam, AH-3: Gaipov Nurbek

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104. As shown in Figure 6 above, AH-1 - Tursunboev Olimjon will be impacted due to the construction work while AH-2 - Seyitov Rustam will be impacted due to the restriction to build a residential house within the safety zone. The building and structures of AH1 and AH2 will be demolished and a new land parcel has been allocated. AH-3 - Gaipov Nurbek has not built yet any buildings, therefore in order to avoid involuntary resettlement and demolition of structures, residential building will be built out of the safety zone but within the existing boundary. Therefore, Gaipov Nurbek has not been considered as affected household due to the project. During the implementation of current LARP, safeguard specialist will ensure and document that AH-3 will not be affected.

Table 3.9: Details of affected Residential lands

ID in the Figure 6

Name of AH

Total land Affected land

Impact, %

AH-1 Tursunbayev Olimjon 0.06 0.06 100

AH-2 Seyitov Rustam 0.06 0.06 100

105. During the initial investigations by Safeguards team, affected households have been found as non-titles that restricts to be eligible for compensation. After consultations with local Khokimiyat, these 2 AHs were legalized. According to the cadastral documents, AHs owns in total 0.06 ha of land. Land for land compensation shall be based on the existing landholdings which mean 0.06 ha of land will be offered in different locations for each AHs.

Table 3.10: Details of affected residential structures

ID in the Figure 6

Name of AH

Total building area,

sqm

Affected building

area, sqm

Impact, %

AH-1 Tursunbayev Olimjon

56,25 56,25 100

AH-2 Seyitov Rustam 126,5 126,5 100

106. As you can see from Table 3.10 above, AHs will also be impacted by the demolition of their structure. There are no other additional structures built yet. Only residential structures will be demolished. See Annex 1 for photos of affected residential structures. 107. According to the census, these houses just recently built and no person has been settled yet. AHs have other residential houses in different locations.

3.6 Loss of trees 108. There are in total 3 AHs are losing fruit and timber trees on their orchards/garden land due to the construction work. In total 469 trees will be affected due to the permanent and temporary land acquisition. Out of the total affected trees, 115 fruit trees and 354 timber trees (mostly poplars and mulberry) will be affected. There are a variety of trees in terms of the age of trees. Among fruit trees the oldest tree is apple with 30 years while among timber trees, it is mulberry tree with the highest age of 50 years Mulberry trees are not planted by the farmers, they were planted during the Soviet time as food for silkworm. Details on the loss of trees are given in Table 3.11.

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Table 3.11: List of the affected trees by types

№ AHs Trees Affected

trees The diameter of trees, cm

The age of the trees, years

1

Abduraym Bog'i Nayman

Apple 14 8-34 7-30

2 Apricot 25 4-39 3-15

3 Peach 3 4-26 5-15

4 Poplar 41 5-19 6-21

5 Grape 55 6 12

6 Oleaster 6 9-32 8-15

7 Mulberry 13 4-49 5-50

8 Willow 6 10 4

Total 163

1

Alisher

Poplar 45 5-38 4-21

2 Peach 8 18-28 7-15

3 Apricot 4 14-31 6-13

Total 57

1 Roza Bonu

Poplar 43 6-60 5-28

2 Willow 13 8-100 3-31

3 Mulberry 193 6-50 5-50

Total 249

Source: Independent Valuation Company Report, 2019

109. As stated, the impact on trees has been identified among 3 AHs which are agricultural farms in section 1 of the NWRTLP. DMS/IOL and protocols from farms were collected by site visits of Resettlement consultants to evaluate the affected trees. During the census, it was impossible to evaluate the compensation for affected trees by the average net profit since no tax declaration has been submitted by the farmers. All the affected trees have been calculated and evaluated based on the cost method using market values by an independent valuation company.

3.7 The Severely Affected AHs

110. As per the census, in total 2 AHs have been found as severely affected households in terms of land acquisition. The identified 2 AHs are residential households owned by Tursunbayev Olimjon (AH-1), Seyitov Rustam (AH-2) will have a permanent impact (100%) on their residential land. None of the agricultural farms will be severely affected in terms of land acquisition. Severely affected households are entitled one-time allowance per entitlement matrix. Table 3.12 below shows details of the degree of impact on the land users.

Table 3.12: Severity of impact in terms of permanent land acquisition

№ Land user Total

landholdings, ha Permanent land acquisition, ha

Impact, %

1 Charos Zilola 94.81 0.20 0.2

2 Sanobar Saparbayeva 57.8 0.033 0.06

3 Alisher 97.1 0.013 0.01

4 Ro'za Bonu 122.1 0.046 0.04

5 Abdureim Bag'i Nayman 5.3 0.013 0.25

http://www.translatos.com/en/uz-en/ter

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№ Land user Total

landholdings, ha Permanent land acquisition, ha

Impact, %

6 Taxiatash Agro Ekspo 108.5 0.032 0.03

7 Ay Asil Kanat 105.7 0.013 0.01

8 Taxiatash Amudaryo Sohili 116.7 0.032 0.03

9 Taxiatash Agro Ekspo Nayman 75.4 0.026 0.03

10 Tursunbayev Olimjon - Residential 0.06 0.06 100

11 Seyitov Rustam - Residential 0.06 0.06 100

111. The impact of land acquisition to AHs among farmlands in terms of permanent impact is minimal with the highest of 0.25 % while among residential AHs the impact consists of 100%. Temporarily impacted lands will be returned to farmlands after the end of construction and compensation for temporary land acquisition will be provided to AHs. 112. As per the census, in total 2 AHs will lose more than 10% of their trees. In calculating the impact, the total number of affected trees was aggregated in relation to the total number of existing trees.

Table 3.13: Severity of impact in terms of impact on trees

№ AHs Trees Total trees

Affected trees

%

1

Abduraym Bog‘i Nayman

Apple 650 14 2.2

2 Apricot 110 25 22.7

3 Peach 25 3 12.0

4 Poplar 150 41 27.3

5 Grape 320 55 17.2

6 Oleaster 80 6 7.5

7 Mulberry 60 13 31.7

8 Willow 80 6 7.5

Total 1475 163 11.5

1

Alisher

Poplar 220 45 20.5

2 Peach 25 8 32.0

3 Apricot 30 4 13.3

Total 275 57 20.7

1

Roza Bonu

Poplar 332 43 13.0

2 Willow 600 13 2.2

3 Mulberry 2000 193 9.7

Total 2932 249 8.5

Grand Total 4682 469 10

113. However, AHs who will be impacted on their trees are not categorized as severely AHs in terms of impact on the land. The reason is that they will not lose 10% or more of their total productive land and also they will be eligible to plant new trees after the end of construction under the TL.

114. In total, 2 AHs have been found as severely affected households due to their loss of residential structure.


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3.8 The legal status of land ownership 115. All AHs have the legal occupation of all land that will be acquired for section 1 of NWRTLP. Residential lands belonging to 2 AHs have been legalized in order to evaluate the market value of the affected structures and to be eligible to get land for land compensation (Annex 6).

3.9 Unanticipated Impacts 116. If unanticipated impacts are found during Project implementation, the Social Safeguard Specialist will conduct IOL and a social impact assessment to update this LARP.

3.10 Impact of construction to access roads

117. Construction of 220 kV TLs will not require an additional access road to the site. Access to land will be through an already functioning path. In order to string the cables TL and laying down towers, a temporary RoW will be used for access roads. Temporary RoW that will pass out of AHs has been included in this LARP and will be compensated per entitlement matrix.

3.11 Socioeconomic and environmental impacts

118. There will be insignificant social impacts and environmental impacts are observed such as noise, dust and air pollutant emissions from the construction equipment. Minor spills and leakages may occur from vehicles and machinery and transformers during the replacement works. The mitigation measures are described in detail in the Initial Environmental Examination. 119. Construction of TLs will generate possibilities of local employment as some laborers will be required during the project implementation. Uzbek companies will do all construction activities. The exact number of domestic workers will be decided by the Contractor who will be responsible for the project implementation. Forced and child labor is strictly prohibited in ADB financed projects. Overall, the implementation of the project has a positive impact on national and local socioeconomics.

3.12 Summary of Impact

120. Section 1 of the NWRTLP will have both temporary and permanent land acquisition impact on 9 agricultural farms and will have a permanent impact on 2 residential AHs including residential land and structures. Summary details are given in Table 3.14 while detailed compensation to be paid to each AHs is given in Annex 19. The summary of this chapter concludes that in terms of number of affected households this LARP can be categorized as category “B” with less significant impacts in terms of ADB’s on Involuntary Resettlement

Table 3.14: Summary of Impact


1 Permanently acquired land area (ha) - Total 0.4

Permanently acquired land area from AHs (ha) - Farmers 0.235

2 Permanently acquired land area from AHs (ha) - Residential 0.12

3 Permanently allocated land area from the State (ha) 0.045

4 Temporary acquired land area (ha) - Total 13.88

5 Temporary acquired land area from AHs (ha) 12.04

6 Temporary allocated land area from the State (ha) 1.84

7 Number of affected crop types 3

8 Number of severely affected AHs 2

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9 Number of affected Trees 475

10 Number of AHs losing residential and other structures 2

11 Total number of AHs (APs) 11(68)

12 Number of Tension (Suspension) towers 7(28)

13 The total length of section 1, (km) 9.25

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4. SOCIOECONOMIC INFORMATION AND PROFILE 121. The main objective of this chapter is to describe the key socioeconomic features of the affected households, such as household size, age, gender (especially of the head of household), ethnicity, occupation, household income, and vulnerability education levels, modes of livelihood, sources of income, poverty/income levels, which can be used as indicators for monitoring the LARP implementation objectives. Socioeconomic features of affected households will increase the understanding of the potential and scale of land impacts affected households and identify options for rehabilitation.

4.1. Methodology 122. This updated resettlement plan for section 1 has been prepared based on a census of the affected households after a detailed measurement survey (DMS) of the affected properties has been completed. A DMS involves staking out of the affected land on the ground-based on the final engineering design of a project. DMS has been completed by Land Use Planning Institute - Uzdavyerloyiha of the Karakalpakstan branch. 123. In accordance with draft LARP that was prepared in 2015, there was listed in total 6 farms as affected households in section 1 of the NWRTLP which is located in Takhiatash district. In this updated LARP, the list of AHs has been updated. As a result of the census, there are now in total 11 AHs there are included in this updated LARP. Table 4.1 below describes the details of the updated affected households.

Table 4.1: Comparison of changes in AHs based on the draft and updated LARPs

Draft LARP, 2015 Updated LARP, 2019 Number of total AHs

6 11

Number of affected farms

6 9

Number of affected residential households

0 1. Tursunbayev Olimjon 2. Seyitov Rustam

Number of affected business structures

0 0

Name of affected farms

1. Sanobar Saparbaeva 1. Sanobar Saparbayeva

2. Alisher 2. Alisher

3. Roza Bonu 3. Roza Bonu

4. Abdireym bagi Nayman 4. Abdureim Bag'i Nayman

5. Sobirov Saparmurod 5. Charos Zilola

6. Jumabay Kiyat 6. Taxiatash Agro Ekspo

7. Ay Asil Kanat

8. Taxiatash Amudaryo Sohili

9. Taxiatash Agro Ekspo Nayman

124. The field methodology included carrying out a 100% census of all 11 affected households (AHs) through interviews, consultations and structured questionnaires who are affected by section 1 of NWRTLP. The socioeconomic profile of affected households living in Taskhiatash district has been presented.

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B. Socioeconomic Profile of Affected Households 125. Takhiatash district was established in 9-August 2017 by the Decree of Supreme Soviet of Karakalpkstan # QQ214-III. The district has included some of the territories of neighboring district Khojeyli. Therefore, AHs of section 1 was listed as inhabitants of Khojeyli district in the draft LARP that was prepared in 2015. 126. During the census, all of 11 AHs or 100% have expressed their strong interest in the new TL construction project. Affected households were also asked about their interest in getting compensation for possible impact from TL construction. Agricultural farms have preferred compensation in monetary form rather than land for land compensation since the impact on the land is insignificant. However, residential AHs were preferred land for land and monetary compensation for their affected structures.

4.2. Demography and socioeconomic characteristics 127. Age and civil status. The average age of AHs heads is 47 years old. There are in total 11 affected households, including 1 AH who is a female-headed household and 2 AHs which are the elderly headed households. The rest of the households are headed by male persons. A representative number of APs as presented in Table 4.1 is aged between 26-40, male 21% and female 47%. The least presented are elderly (66-above) APs 7% and seniors (41-65) APs 7%. In this Table, we have included a number of APs of the household Gaipov Nurbek whose residential land may be affected. In the scope of land acquisition and resettlement we have not included as AH but this AH shall be monitored during the LARP implementation for avoidance of involuntary resettlement.

Table 4.2: Composition of APs by age in Turtkul

Age Male APs Female APs Total APs

No. Percent No. Percent No. Percent

1-6 8 21% 3 10% 11 16%

7-15 12 32% 7 23% 19 28%

16-25 6 16.0% 0 0% 6 9%

26-40 8 21% 14 47% 22 33%

41-65 1 2.5% 4 13% 5 7%

66-above 3 7.5% 2 7% 5 7%

Total 38 100% 30 100% 68 100%

128. Household population. The AHs in section 1 has been estimated a population of 68 APs. The average membership of each AH is around 6 persons per household. The maximum number of persons is 7 APs. Traditions and customs of people in this region usually are to have big families consisting of a few generations. 129. Livelihood occupations. 22% of APs (males 10 APs, females 5 APs) are involved in agricultural-related activities, 31% (males 14 APs, females 7 APs) are studying or young family members who are not yet employed. Housekeeping and/or seasonal workers are 9% (1 male AP, 5 female APs). In total 4 APs are involved in governmental services occupation, including 2 females and 2 male APs. There are 7 retired APs (10% of the total APs). No household member declared themselves as business workers but there are 2 Female APs who are self-employed whom we have included as private business persons. Census has not identified immigrated workers or who are currently working abroad or long distances from their homes.

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Table 4.3: Livelihood occupations of AHs in Section 1

Occupation / Activity Male Female Total

APs % APs % APs %

Agriculture (heads of farm, farm-worker)

10 26.3 5 17% 15 22%

Students (kindergarten, school, college)

14 36.8 7 23% 21 31%

Other (house keeper, seasonal worker)

1 2.6 5 17% 6 9.0%

Government employees 2 5.3 2 7% 4 6.0%

Retired 2 5.3 5 17% 7 10.0%

Unemployed 1 2.6 1 3% 2 3.0%

Business and self employed 0 0.0 2 7% 2 3%

Young family members under 16 years

8 21.1 3 9% 11 16%

Total 38 10000% 30 100% 68 100%

4.3. Access to social services

130. Education. The educational system of Karakalpakstan is represented by 720 general schools with some 249 thousand enrolled students, 319 kindergartens with about 32 thousand children, 93 professional colleges and 10 academic lyceums with about 80 thousand students enrolled in secondary special education. All 7 Higher Education institutions are located in Nukus city and cover about 16 thousand students in 2013. 131. Health Services. The healthcare services of Karakalpakstan include 46 in-patient medical facilities with a capacity of 7830 beds and 314 out-patient medical facilities for more than 23 thousand visits. Out of the total number of medical institutions in the autonomous republic 17 in-patient clinics situated in Nukus city. Ten of them are general hospitals. There is one infectious disease hospital, one maternity hospital, one specialized children hospital, and one city hospital. There is a number of private dental clinics and pharmacies in the city. The total number of doctors working in health-care institutions in Nukus is about 400 people and more than 1,000 are representing other medical staff professional categories.

C. Social impacts on AHs and their communities

4.4. The livelihood of AHs and low-income AHs 132. The livelihood of the AHs mostly depends on the agricultural activity which is land-based among the affected farmers. 2 AHs among farmers declared that 80% of their incomes come from private businesses. The table below whos the percentage of incomes per AHs. 3 AHs among affected farmers declared that more than 50% of their family income comes from the retirement pension. However, the documents received from Tax authority shows that most of the income comes from agricultural activities. Residential households depend on the governmental salary and 1 AH receives income through daily works.

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Table 4.4. Share of the monthly income of Ahs

AHs Agriculture Private business

Govern. works

Seasonal works

Retirement pension

Charos Zilola 100% Sanobar Saparbayeva 70% 30% Alisher 100% Roza Bonu 50% 50% Abduraym Bog' i Nayman 30% 70% Taxiatash Agro Expo 20% 80% Ay Asil Qanat 90% 10% Taxiatash Amudaryo Sohili 90% 10% Taxiatash Agro Expo Nayman

20% 80%

Tursunbayev Olimjon 50% 50% Seyitov Rustam 100%

4.5. Ethnic composition and indigenous people 133. In terms of the ethnic composition according to census data in section 1, all AHs declared themselves as Uzbek nationality. There was not identified any ethnic groups maintaining cultural and social identities separate from mainstream Uzbekistan’s society fitting the ADB definition of Indigenous Peoples. Therefore, the ADB’s policy, as described in ADB’s SPS, 2009 in the Indigenous Peoples is not triggered. No special action is required for this updated LARP.

4.6. Gender issues 134. Under the Project, there is no differentiation between the household headed by males and households headed by a female as they will equally feel the impacts of land restrictions and land acquisitions. During the development of this updated LARP, NENU complies with ADB’s Policy on Gender and Development (1998) as a key strategy for promoting equity. As a Project policy in this LARP, the affected properties of a household headed by a female was valued the same as that of the household headed by a male, i.e. compensation based on replacement cost and receive allowances, assistance indicated in entitlement matrix of this LARP.

4.7. Vulnerable households 135. In the calculation of the low-income family level, the income information of AHs that was received from the census survey has been applied. We have also received yearly income of the agricultural farms from the Tax authority in order to compare the declared during the census. According to the estimation, the information from the census has been used as a base. 136. In this updated LARP we will use existing methodology on the identification of a low-income family based on the Resolution of The Cabinet of Ministers #1659. According to this resolution, the categories of low-income families are ineligible to receive a one-time allowance in the amount of 2 to 5 times of minimum wage income. According and Resolution #4410low-income family is one in whose monthly income is lower than 1.5 fold of minimum wage per capita. Since August 2019 the minimum wage was set at 223,000 UZS per month, thus the low-income line has been set at 334,500 UZS (36 USD) per month per person. Based on this methodology the official low-income line (as a nominal indicator) is about 1.2 USD per day per capita.

9 See for details in section 7.2.16 of Policy and Legal Framework 10 See for details in section 7.2.13 of Policy and Legal Framework

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137. According to the census, AH – Seyitov Rustam declared verbally his incomes and estimation categorized his household as a low-income family. As a reference for low-income families, a family who receives lower than 334500 UZS (according to the verbal answer of the AH) has been used in this LARP. Table 4.5 below details of the method of identification of low-income families in Section 1 of NWTRLP. However, during the census Seyitov Rustam did not declare other income sources but at the same time, he has declared that he is not listed as low-income family in the makhalla list. Additionally, this AH will be given one-time allowance as severely affected households whose residential buildings will be demolished and residential land will be acquired for permanent period. Therefore, in consideration of conditions, that he has been already entitled to a one-time allowance and his declaration of not being low-income family, it has been decided not include him as low-income family.

Table 4.5: Declared per month per capita of AHs

Affected Household

Type of household

Number of person in family

Monthly income,

UZS

Low-income family line per month per

capita, UZS

Official Declared

Charos Zilola Agricultural farm 4 1500000 334500 375000

Sanobar Saparbayeva Agricultural farm 6 3000000 334500 500000

Alisher Agricultural farm 5 2000000 334500 400000

Röza Bonu Agricultural farm 6 5000000 334500 833333

Abduraym Bog'i Nayman Agricultural farm 7 3090000 334500 441429

Taxiatash Agro Expo Agricultural farm 4 3100000 334500 775000

Ay Asil Qanat Agricultural farm 7 3100000 334500 442857

Taxiatash Amudaryo Sohili

Agricultural farm 7 3100000 334500 442857

Taxiatash Agro Expo Nayman

Agricultural farm 4 3100000 334500 775000

Tursunbayev Olimjon Residential household

5 2000000 334500 400000

Seyitov Rustam Residential household

6 1200000 334500 200000

138. The census has not found disabled APs among affected households. During the structured questionnaire, 1 AH declared as a women-headed household. However, she declared that the agricultural farm is managed by her 44 years old son and according to the documents received by Tax authority the monthly income per month per capita equals around 3 million UZS which is around 10$ per capita per day. Therefore, these women-headed households have not been included as a vulnerable household. During the census, other farms have also declared that they have family members who are elderly persons (60 years for males and 55 years for female members). However, the census revealed that none of them are single retired persons. 139. Summary of the census shows that Seytov Rustam has been already entitled to the one-time allowance as severely affected HH and he has not been listed as a low-income family on makhalla database, it has been decided not include him as low-income family.

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140. During the census, none of the AHs declared that they are receiving any type of allowance from the government for poor households and not listed as low-income families. There are also no other types of vulnerable households such as (i) female-headed households without support, (ii) disabled household heads, (iii), children and the elderly households who are landless and with no other means of support. In summary, there is no vulnerable household in section 1 of NWRTLP.

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5. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION

5.1. General

141. Consultation meetings were carried out with affected households, relevant stakeholders, including cadastral office, land use engineer, design engineers, transmission line operators of the project (see annex 1,2). A list of the stakeholders and discussed questions is attached in Annex 3. Resettlement consultants undertook the public consultations on June 13-15, 2019. 142. The consultation focused on possible impacts on households, farmers, business community buildings and lands as well as temporary disruption of livelihood, if any, from the proposed construction works within section 1. Possible impacts and opinions of affected households have been studied. Preliminary Grievance Redress Mechanism was explained in the local language (Uzbek) along with a list (names, address and contact numbers) of crucial persons at PMU to be contacted in case of AHs may have grievance/complaint. 143. The main objectives of the public consultations were as follows: ✓ To discuss their opinions about possible resettlement and land acquisition on their lands ✓ to make people aware of the project and let the beneficiaries know about the positive

outcome of the project regarding reliable new employment opportunities, power supply. ✓ to disseminate information to the people about the project regarding its activities and scope

of work; ✓ to involve people as stakeholders in project planning and further during implementation; ✓ to seek local peoples' views on minimizing probable adverse impacts on land acquisition,

involuntary resettlement and indirect impact to livelihood; ✓ to make people aware of the plan of action; ✓ to make people aware of the process of Grievance Redress Mechanism; ✓ to assess the local people's willingness to get involved with the project, and enumerate the

measures to be taken during the implementation of the project. ✓ to make people aware of the general policy principles of national laws and ADB Safeguard

Policy Statement, 2009 and full eligibility and entitlements.

5.2. Disclosure

144. Disclosure of LARP to AHs was done in Takhiatash district Khokimiyat office premises on the 17th of June 2019 through meaningful consultation with AHs (Annex 7). In this meeting, Project objectives, ADB’s policy on Involuntary Resettlement, and Grievance Redress Mechanism, entitlements and possible compensation amounts were described in the local language (Uzbek) to AHs and stakeholder in the form of presentation. Before the start of the census, the results of the valuation companies in regard to affected residential structures and trees as well as crops have been received and this information has been disclosed among AHs in order to get their opinions and feedback. Participants of the meeting included AHs, representatives of Hokimiyats, Architectural department, Uzvdayerloyiha Karakalpakstan branch (Annex 8) 145. A list (names, address and contact numbers) of the persons at PMU to be approached was distributed. The leaflet containing project information, compensation amount, possible land impacts and necessary contacts for grievances throughout the project was also distributed to AHs through printed presentations (Annex 20). 146. During the disclosure meetings, affected farms supported the project and expressed their assistance in order to accelerate the construction process since the electricity supply is important to the region. The comments and feedback from the disclosure meetings were incorporated for this LARP. During the disclosure meeting, the previous templates and presentations regarding ADB policies on Involuntary Resettlement have been used. The final LARP will be also disclosed on ADB’s (in the English Language) and in the NENU website (in local language) upon approval.

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6. GRIEVANCE REDRESS MECHANISM

6.1. General

147. Consultation meetings were carried out with relevant stakeholders, including cadastral office, land use engineer, design engineers, transmission line operators of the project. As a result of discussions and consultations, a simple Grievance Redress Mechanism (GRM) is developed for the people living near to substations that may have complaints or questions during the construction works. 148. The PMU of the NENU will establish a simple and accessible grievance redress mechanism which shall ensure some instruments and levels for grievance resolution and appeals process. PMU’s Safeguards Specialist and through a representative of PMU on the site will be responsible for the project implementation and GRM. 149. The primary goals of GRM are ensuring the receipt and timely redress of grievances and concerns submitted by the aggrieved project affected persons and resolve complaints at the project level and prevent escalation to the national courts or ADB Accountability Mechanism. 150. People will have the right to file complaints and queries on any aspect of land acquisition, compensation, and resettlement. The PMU will ensure that grievances and complaints on any point of the project implementation during the construction works are addressed in a timely and satisfactory manner. 151. The National law on the appeals of individuals and legal entities11 obliges state authorities to deal with requests and provides a clear framework to handle the case. This law has recently replaced previous Law on the requests of citizens and gives the right for individuals and legal entities to file requests. The requests can be in the form of applications, proposals and complaints and submitted in three ways: oral, written and digital format.

152. The grievance redress mechanism (GRM) can also be established through mobile-based and web-based applications that are common nowadays in Uzbekistan. GRM can be established through a particular group in Telegram or on Facebook. The State’s Public Reception (Halq Qabulhonasi) also is playing a vital role to address grievances and concerns of the population. People may raise their questions also via web-based Single Portal (The Single interactive state services portal). The Single portal is designed to facilitate and empower people to access online public services by using modern information technology and connected with the portal called E-Government. Additionally, a web-based President’s portal is also commonly used to address any complaints or concerns of the population. 153. The GRM developed for this subproject is available to AHs and people living or working in nearby construction areas. The Project GRM was disseminated via the LARP disclosure meetings in the leaflets that were distributed to people through local Hokimiyat, the makhalla, village assembly of citizens or farmers' councils. In case there will be any person impacted by or concerned about the project activities he/she has the right to participate in the GRM. They should have easy access to it and be encouraged to use it. The proposed GRM does not replace the known mechanisms of complaint and conflict resolution envisaged by the legal system of Uzbekistan but attempts to minimize the use of it to the extent possible.

154. The PMU established a simple and accessible GRM (see annex 9). The GRM provides some avenues and levels for grievance resolution and appeals process. The primary objective behind the project-specific grievance mechanism is to ensure a timely and user-friendly solution to the complaints received from the people living near to subprojects.

11 Republic of Uzbekistan Law on the appeals of individuals and legal entities (№ЗРУ-378, 03.12.2014).

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However, Project GRM does not prevent any person to approach the governmental legal system to resolve their claims at any stage of the grievance redress process. The people can address their complaints to the courts at any time and not only after using the GRM.

155. Level 1 (Makhalla / Village Assembly). Under this project grievance redress mechanism, complaints can be submitted to the district level Hokimiyat, makhalla, village assembly of citizens, farmer councils, Contractor or directly to NWMPN. The makhalla/village assembly and Site Engineer of NWMPN will try to resolve or clarify the issue within 2 weeks. Unresolved issues will be referred to the PMU in Tashkent. 156. Level 2 (Project Management Unit). The NENU through its PMU on a regular basis (weekly) and as per immediate request will check with the NWMPN whether any complaint is received by the Site engineer. The PMU, on receipt of a complaint from NWMPN or any other local bodies, will immediately take the following actions:

(i) Will inform the complainant within five days; (ii) Inform ADB office both resident mission and HQ; (iii) If required, establish complaint handling a team with members Head of PMU,

representatives from the EA, District Hokimiyat, Land Resources, and Cadastral Department, and Makhalla or Village Assembly of Citizens or/and Farmer’s Councils, or/and Women Association.

157. Complaint handling. The complaint handling team will be headed by one of the EA management staff designated for handling grievances of the project.

(i) The team will consult the complainant and gather complainant’s concerns; (ii) The team will also take advice from an independent valuation company (in case of

grievances related to valuation); (iii) All complaints will be resolved in 15 days, and in case additional details are required,

a maximum of 30 days will be used to address and close the complaint; (iv) If the complaint is not addressed by Project Grievance Mechanism Team, the PMU

will inform ADB and District Hokimiyat regarding the issue.

158. District or provincial Hokimiyat will also have 15 calendar days to resolve the complaint. 159. Court. If the complaint is still unresolved, the complainant can submit his/her complaint to the appropriate court of law. The schematic explanation of GRM is given in Annex 15.

6.2. Contact details

160. The PMU will be responsible for recording the complaint; the step was taken to address the grievance, a minute of the meetings, and preparation of a report for each complaint. The complaint handling process will be reported to ADB through the quarterly project implementation report. Citizens may address their complaint and concerns to the following address:

42, Osiyo street, Tashkent, 100000, Uzbekistan Tel/Fax.: +998 99 852-79-91 E-mail: [email protected] Mr. Azizbek Batirov - Safeguards Specialist

161. The aggrieved persons can also use the ADB Accountability Mechanism (AM) through the direct citizens’ application to the Head Quarter in Manila, particularly to Complaints Receiving Officer, Accountability Mechanism Asian Development Bank Headquarters6 ADB Avenue, Mandaluyong City 1550, Philippines Email: [email protected], Fax +63-2-636-2086.

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162. AM is the last resort, and ADB has its availability as a recourse in case other mechanisms for dealing with harmful project effects are not successful. SPS requires GRM, and the use of project-level GRM should be encouraged first.

6.3. GRM Records and documentation

163. Project Management Unit under NENU already established GRM in other sections of NWRTLP. The regional branch of NENU which is the KMPN is responsible for collecting complaints and grievances from AHs and people living near to construction sites. KMPN is also collecting complaints made by AHs through contractors working directly on the sites. People in village areas used to apply directly to makhalla and hokimiyat. Hokimiyat currently receives complaints verbally and in writing form and both methods in accordance with National legislation are officially recognized and documented. Therefore, the Safeguard specialist at PMU regularly contacting with the Hokimiyat if AHs made complaints.

164. KMPN will be the entry point for receiving a complaint or known as a Focal Grievance Point (FGP). Moreover, KMPN will ensure local monitoring of LARP implementation assisting PMU in all LARP related implementation activities. KMPN is keeping a record of complaints received for its use as well as for review by ADB during regular missions. The grievance mechanism applies equally to all affected households and for the population living near to subjects. When reference is made to the Naymankul makhalla, it is to the makhalla that the affected persons are located. Makhalla chairman forwards the complaints to the PMU staff who records the complaint. 165. The complaint handling process will be reported to ADB through project progress reports. All grievances received from the population are being registered in a logbook (Annex 10 attached in this LARP) which is available at levels 1 and 2: at the site office of the Contractor, each makhalla committee of subproject area districts and PMU Tashkent office. Besides, there are also logbooks in the Hokimiyats where the grievances of the population are usually registered. Even so, the information received by Contractor grievances and applications from the aggregated persons and undertook measures should be submitted to the representatives of PMU on the project site for the accounting of all grievances. Thereafter the information on all received grievances will be collected at the PMU

166. The above-mentioned GRM that is being used for other sections will be applied to the section 1 as well.

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7. POLICY AND LEGAL FRAMEWORK

7.1 General

167. The legal and policy framework of the project is based on national laws and legislation related to land acquisition and compensation policy in Uzbekistan and ADB Safeguard Policy Statement 2009 (SPS). Project-related LAR principles have been adopted by this Report based on the analysis of applicable laws and policies and ADB’s Policy requirements. The policies below are to be applied LAR related impacts during the implementation.

7.2 Laws, Regulation, and Provision relating to LAR in Uzbekistan

168. In Uzbekistan, a land expropriation takes place for the State and public needs under the Land Code (LC) and other legal documents. The expropriation in this context refers to the taking away of private land for a state and public purpose by the government with or without the owner’s consent subject to laws of eminent domain, which stipulates prompt and adequate compensation. Recent legal documents issued by the Presidential Decrees and the Cabinet of Ministers of Uzbekistan foresee to protect citizen’s and legal entities’ private ownership to land and for the building and structures. Collectively, these regulations provide a sound basis for acquiring land for the State and public purposes and for compensating land users a replacement cost at market values for the affected structures.

169. In table 7.1 below the summary of legal documents used in the development of current land acquisition and resettlement plan is presented.

Table 7.1: Legal instruments applicable to Land acquisition and resettlement and categorization of vulnerable groups

Legal Framework Functional Relationship to Resettlement

Land acquisition and resettlement

The Land Code (LC) dated 30 April 1998 Describes a condition for permanent land expropriation and temporary land acquisition

The resolution of Cabinet of Ministers (CoM) “On Approval of the procedure of damages to citizens and legal persons in connection with the withdrawal of land plots for state and public needs” dated on 29 May 2006 #97

Regulates resettlement compensations for affected buildings, structures, and plantings in the settlements.

Civil Code (CC) dated on 29 August 1996 Regulates general rules of property seizure, determination of property cost and rights for compensation, terms of rights termination

The resolution of CoM “On measures to improve the procedure for granting land plots for urban development activities and other non-agricultural purposes” dated on 25 May 2011 #146

Regulates resettlement compensations for the income loss, the value of agricultural loss belonging to landowners, users, tenants in case of land acquisition. Also, it regulates the provision of land to land compensation in case of agricultural and forest relates losses.

The resolution of CoM “On amending and adding to some decrees of the Republic of Uzbekistan, aimed the further improvement of registration of cadastral document on a real property” dated on 21 September 2016 # 317

It defines the procedure of registration of titled and non-titled land users and real property owners. It also establishes the process and payment method for compensation in case of land acquisition.

Presidential resolution “On measures to improve the effectiveness of training and realizing projects with participation of

Confirms that the resettlement costs are paid based on assessment documents prepared by IFI by their methodology.

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international financial institutions and foreign government financial organizations” dated on 16 July 2018 #3857 Presidential Decree “On measures on major improvement of the investment climate in the Republic of Uzbekistan" dated on 1 August 2018 #5495

Defines that land expropriation can be implemented only after meaningful consultation with PAPs.

Presidential Decree “On measures to improve the system of protection of rights and legal interests of subjects of entrepreneurship” dated 27 July 2018 # 5490

It defines the source of the Resettlement budget in investment projects.

Presidential Order F-5491(3 August 2019) “On additional measures to provide unconditionally the property rights of citizens and business entities”

The Law of Uzbekistan on Protection of Private property and Guarantees of Ownership rights dated 22 September 2012 # 336

The purpose of this Law is to regulate relations in the field of protection of private property and guarantees of property rights. It regulated the entitlement of property owners to full market value compensation in case of acquisition for the State needs.

Implementation of Land acquisition and resettlement

Presidential Decree “On measures on major improvement of the investment climate in the Republic of Uzbekistan" dated on 1 August 2018 #5495

Defines that land expropriation can be implemented only after meaningful consultation with PAPs. The resolution prohibits a land confiscation without the consent of the Republican Centralized Fund.

The resolution of CoM “On the procedure for the formation and use of funds of centralized funds for the compensation to affected individuals and legal entities for the expropriation of land for the state or public needs” dated 26 December 2018 # 1047

It defines the source of compensation payments based on the type of projects. Establishes Republican Centralized Fund (RCF) as the main body which is responsible for the compensation payments to AHs. The Supervisory Board of RCF decides on the allocation of funds for compensation.

Presidential Decree on Additional measures for social support of citizens and implementation of a latest public campaign on the recognition of ownership rights to illegally built residential structures dated on 20 April 2018 # PF 5421

Residents of Uzbekistan are allowed to legalize ownership rights to their unregistered and non-titled residential structures until 1st May 2019. The Decree defines the conditions for legalization.

The resolution of CoM “Additional measures for the implementation of modern and transparent mechanisms of the provision of land plots with long-life inherited possession rights for individual housing” dated on 28 January 2019 #63

Annex 2 of the Resolution clarifies the definition of land expropriation for the State and public needs. Also, it regulates the allocation of land plots after the Involuntary resettlement of physical and legal entities. The responsible authorities for the implementation of LAR are defined.

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Categorization of vulnerable groups

The resolution of CoM “On approval of the order of the appointment and payment of social allowances and material (financial) assistance to low-income families” dated 15 February 2013 #44.

Regulates the mechanism to the determination of vulnerable groups and their entitlements

Tax Code of Uzbekistan Regulates compensation for a vulnerable group of people regarding applying for discounts or exemption from property taxes, land tax, income tax, and other taxes

The resolution of CoM “On approval of the provision on the order of allotment and payment of the one-time financial assistance to the families in need in the Republic of Karakalpakstan and Khorezm Region” dated on 30.03.2017 # 165

This resolution regulates the categories of eligible families for one-time financial assistance. The specificity of this resolution is that it clearly states that this type of assistance is given to families who need and find themselves in difficult life situations that are not fully supported by the State. This financial assistance can be given as an addition to the social allowance that they are receiving from the State.

Presidential Decree “On the Forecast of the main macroeconomic indicators and parameters of the State Budget of the Republic of Uzbekistan for 2019 and budget focus to 2010-2021 dated 26.12.2018 # PP-4086

According to the Annex 25 of this Decree, the exact amount of all types of social allowances to low-income families within Uzbekistan is given

Labour Code and Law on employment Regulates labor relations of individuals employed with labor contracts by enterprises, institutions, organizations of all type ownership forms, including contracted by individuals.

Establishment of restrictions and safety zones

The resolution of CoM “On the approval of the rules of protection of power transmission facility objects dated 26.12.2018 # 1050

This resolution defines safety zones for power transmission lines both horizontally and vertically. This resolution applies for all infrastructures and facilities in relation with power up to 500 kV

KMK 2.10.08-97 – Land allocation norms for power transmission lines 0.4 – 750 kV

This set of norm regulates the land allocation for the temporary and permanent period during the construction of transmission lines

7.2.1 Constitution

170. The Constitution of the Republic of Uzbekistan (December 8, 1992) provides that:

• Everyone shall have the right to own property (Article 36). The economy of Uzbekistan, evolving towards market relations, is based on various forms of ownership. The state shall guarantee freedom of economic activity, entrepreneurship, and labor with due regard for the priority of consumers’ rights, equality and legal protection of all forms of ownership (Article 53);

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• An owner, at his discretion, shall possess, use and dispose of his property. The use of any property must not be harmful to the ecological environment nor shall it infringe on the rights and legally protected interests of citizens, juridical entities and the state (Article 54);

• The land, its minerals, waters, fauna and flora, other natural resources shall constitute the national wealth and shall be rationally used and protected by the state (Article 55)

7.2.2 Land code (30 April 1998)

171. The Land Code (LC) is the primary regulatory framework for land-related matters in Uzbekistan. The LC regulates allocation, transfer, and sale of land plots, defines ownership and rights on the land. It describes responsibilities of different state authorities (Cabinet of Ministers, province, district, city Hokimiyat) in land management; rights and obligations of the land possessor, user, tenant, and owner; land category types, land acquisition, and compensation, resolution of land disputes and land protection. The LC also defines the terms of rights termination on the land plot, seizure and land acquisition of land plot for state and public needs, and conditions of confiscation of a land plot in violation of land legislation.

• According to the new version of the Code, currently, the granted lands for the construction of infrastructure, business, and residential houses shall be carried out within three years. After that, the land will be taken back by local municipalities.

• The land can be given for temporary use as a short-term period (up to three years) or long term (from three to ten years).

• The Code clearly defines (i.e., Article 23) that the land for construction of power transmission line shall be allocated out of the low quality agricultural or non-agricultural lands. The legal entity whom the land was allocated cannot use and take possession of the land until property deed has been issued.

7.2.3 Resolution of Cabinet of Ministers № 97 (29 May 2006) 172. This resolution regulates compensation for losses to individuals and legal entities due to the seizure of land plots for state and public needs. This regulation is mainly dealing with land plots, houses, building and structures of individuals and legal entities.

173. The resolution determines the procedure for the seizure of land or part thereof, as well as the method for calculating the amount of compensation to individuals and legal entities for the demolished residential, industrial and other buildings, structures and plantings in due to the seizure of land for state and public needs. The details of the Resolution is given in the draft LARP prepared for this project. 174. Replacement of the affected land shall be done in accordance with the land allocation norms for the construction of individual housing. According to the current norms, 0.04 ha of land can be allocated without auctions directly to AHs.

7.2.4 Civil Code (29 August 1996)

175. The Civil Code (CC) defines the legal status of participants of public relations, the grounds, and procedure of implementation of property rights and other proprietary rights, rights of intellectual property, regulates the contractual and other obligations, as well as other property and related personal non-property relations. The CC defines general rules of property seizure, determination of property cost and rights for compensation, terms of rights termination.

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176. The CC provides that: a person whose right has been violated may demand full compensation for damages unless the law or the contract provides compensation for losses in a smaller size (Article 14, Clause 1). The Civil Code (Article 14, Clause 2) also specifies that losses are understood as:

• expenses that the person whose right is violated, made or must make to restore the violated right;

• the loss of or damage to property; • the revenues that this person would have received under normal conditions of civil

turnover if his right had not been violated (lost incomes). 177. According to article 14, Clause 3 “If the person has violated the law, revenues received as a result of this, the person whose rights were violated, has the right to demand compensation along with other losses, lost profits in the amount not less than such profits.”

7.2.5 Resolution of Cabinet of Ministers № 146 (25 May 2011) 178. This Resolution is aimed to improve the procedure of granting land plots, protect the rights of legal entities and individuals on land, improve the architecture of settlements and the efficient use of their land for construction by the Land Code and the Town Planning Code. This resolution has approved two Regulations: (i) Regulation on the procedure for granting land for urban development and other non-agricultural purposes, (ii) Regulation on the method of compensation for landowners, users, tenants, and proprietors (in case of residential land), as well as losses of agriculture and forestry.

179. The Regulation on the method of compensation for landowners, users, tenants, and proprietors, as well as losses of agriculture and forestry, includes the following:

• Compensation for losses of landowners, users, tenants, and proprietors (hereinafter AHs);

• Compensation for losses of agriculture and forestry; • cost of irrigation and developing the equal new land plot in return for seized irrigated

agricultural land; • Cost of fundamental improvement of grassland and pasture; • Scheme for determination of losses of land possessors, users, tenants, and owners,

as well as damages of agriculture and forestry; • Coefficients on the location of seized land plots.

180. In this LARP, the entitlements and compensation for AHs per resolution #146 have been included. According to this resolution, AHs are entitled to following compensations:

• The cost of the land plot under the ownership of legal and physical entities • The cost of residential houses, structures, unfinished structures and structures that

are not directly affected but unviable to use after land acquisition. • The cost of fruit trees, windbreak forests and other perennial plantations • The cost of not harvested agricultural crops • Agricultural income loss (in case of land for land development compensation

provided to AHs, then agricultural income loss will not be provided)

181. Compensation for AHs is provided in case of: • Permanent acquisition of land • Redemption of land • Temporary acquisition of land

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182. The losses of land possessors, users, tenants, and owners, as well as losses in agriculture and forestry, should be compensated before granting of documents certifying rights on the land plot. The regulation also orders that demolition of the house or building shall be done only after agreeing on compensation and providing replacement premises. The replacement procedure is done according to the Resolution of CoM № 63 which is detailed in section 7.2.15 in this report. The regulation orders that compensation has to be paid before starting any construction work. AHs whose land plots are seized and to whom land plots are granted, in case of disagreement with a defined amount of losses, can appeal to the court. In Uzbekistan, no monetary compensation for land to land for the affected residential lands is foreseen. Therefore, replacement land will be allocated in agreement with the physical and legal entity whose land is being acquired. This agreement is regulated through the Resolution of CoM № 63.

183. This resolution shall be implemented together with the Resolution of Cabinet of Ministers #317 dated 21 September 2016.

7.2.6 Resolution of Cabinet Ministers №317 (21 September 2016) 184. The resolution “On amending and adding to some decrees of the Republic of Uzbekistan, aimed the further improvement of registration of cadastral document on real property” defines responsible design institution which calculates the agricultural and forest-related losses belonging to legal land users, tenants. This institute is “Uzdavyerloyiha” and its branches in the regions. It defines that in case of the following type of construction works, then compensation for agricultural and forest-related losses will not be compensated:

• construction of individual housing and maintenance of a residential house; • construction of pre-school, general secondary, secondary special, professional

educational and medical institutions; • construction of water management facilities, land reclamation facilities and hydraulic

structures; • formation of protected natural areas;

185. In resolution # 317, there is no indication that in case of the above-mentioned purposes AHs will also not be compensated. Based on this we consider that even though, the land is being expropriated for public needs, still, the compensation for AHs shall be paid. By this resolution, the Government defined the procedure of legalization cadastral document of the titled and not titled (illegal) land users. The main requirements for the legalization of non-titled land users are to provide i) explanation of circumstances of unlawful use of land, ii) certificate from local self-governed bodies on possession of the last 15 years, iii) payment of land tax for the previous five years. This resolution updates the compensation mechanism of agricultural and forest-related losses. Therefore, in the calculation of compensation, this resolution shall be used together with Resolution of Cabinet of Ministers #146dated on 25 May 2011.

7.2.7 Resolution of Cabinet Ministers №3857 (16 July 2018) 186. The resolution “On measures to improve the effectiveness of training and realizing projects with participation of international financial institutions and foreign government financial organizations” partly provides that payment of compensation for the land acquisition, demolition of houses, structures, plantings within the framework of projects with the participation of International Financial Institutions (IFIs). If it is agreed and stated in agreements, then the project implementation procedure will be followed by authorized bodies following the requirements of IFIs or Foreign Governmental Finance Organizations (FGFOs). This resolution gives to Executing Agencies to implement ADB’s LAR or other principles in case of discrepancies between national legislation and ADB policies.

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7.2.8 Decree of the President of Uzbekistan №5495 (1 August 2018) 187. The decree “On measures on cardinal improvement of the investment climate in the Republic of Uzbekistan" regulates that the seizure of land for state and public needs is allowed only after an open discussion with interested parties whose land plots are confiscated. It also sets that demolition of residential, industrial premises, other structures, and structures belonging to individuals and legal entities and seizure of land is allowed after the full compensation of the market value of immovable property and losses caused to owners in connection with such seizure.

7.2.9 Law of Uzbekistan on Protection of Private property and Guarantees of Ownership rights 336 (22 September 2012)

188. The purpose of this Law is to regulate relations in the field of protection of private property and guarantees of property rights. It regulates the entitlement of property owners to full market value compensation in case of acquisition of the property and land for the State needs. 189. According to the Law, withdrawal of the property, including a privately owned land, in cases of nationalization and requisition, is carried out only after payment of full compensation to the owner at market value, as well as losses incurred to the owner in connection with such a withdrawal, unless otherwise provided by law. The owner has the right to appeal in court the decision on land expropriation, confiscation, and requisition of property in private ownership. According to Article 19, the Demolition of buildings and structures before the payment of full compensation is not allowed.

7.2.10 Presidential Order F-5491(3 August 2019)

190. The order “On additional measures to unconditionally provide guarantees of ownership rights of citizens and business entities” has been issued after a number of breaching the national legislation in connection with involuntary resettlement and land expropriation for the State needs by local authorities in Uzbekistan. The main requirements of the Order are the following:

• All the Involuntary resettlement activities in connection with the expropriation for the public

and the State needs must be consulted with the centralized fund that was established under the Cabinet of Ministers to compensate for the LAR activities.

• LAR Implementation can be carried out only after meaningful consultation with PAPs (residents and business entities) and valuation of compensation, and payment of the value of demolished buildings at replacement cost

• Inappropriate/illegal issuance of the administrative documents by the respective authorities to residents and business entities will be firstly compensated by the special budget of the local respective authorities and sooner the compensation will be reimbursed by the guilty person who issued that document.

• Starting from August 5, 2019, all the LAR activities in connection with the expropriation for the public and the State needs shall be carried out in 3 stages. 1st stage includes that all the LAR documents shall be submitted to the Cabinet of Ministers (CoM), 2nd stage includes the issuance of conclusion by the responsible persons at CoM, and in 3rd stage, the prepared conclusions shall be submitted to the Prime Minister for review and issuance of final decisions.

191. In general, this Order fully complies with the ADB’s SPS 2009 on Safeguard Requirements - Involuntary resettlement in regard to public consultation, compensation at replacement cost and provision of relocation costs. This Order clearly states that all the inappropriate documents that made property owners as illegal owners will be compensated as well. However, one discrepancy includes that property owner without any document (squatter) is not subject to compensation.

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7.2.11 Resolution of Cabinet of Ministers № 1047 (26 December 2018) 192. This full name of the resolution is called “On the procedure for the formation and use of funds of centralized funds for the compensation to affected individuals and legal entities for the expropriation of land for the state and public needs.” This resolution appoints Republican Centralized Fund (RCF) under the Cabinet of Ministers for calculation and distribution of compensation during the involuntary resettlements to affected households and affected entities. Involuntary resettlement can be done only for the public and the state needs. RCF will be responsible for the Governmental level and internationally funded projects. This resolution sets the procedure of compensation payments to affected physical and legal entities. The Supervisory Board under RCF has the right to decide, and the decisions are compulsory to execute. The Board will also monitor the allocation of funds to AHs during the resettlement implementation period. Local managing bodies (i.e., Hokimiyats) should start the process by inquiring to RCF on the distribution of necessary funds for LAR. The Board will review this application, and the appropriate decisions will be accepted. Regional Hokimiyats issue the Decree on the allocation of compensation based on the RCF’s decision. The Decree serves as a legal instrument to provide compensation to affected physical and legal entities.

7.2.12 Presidential Decree 5421 (20 April 2018)

193. The decree announced a one-time nationwide campaign for recognition of the ownership rights to the residential premises that were built illegally or built without proper documentation. The campaign ended on May 1, 2019.

194. To be eligible for the campaign and legalize ownership right to an illegally built or without a building permit structure following conditions shall be fulfilled:

• The building should be built before the adoption of this Decree; • Aland plot or part of the land plot is not located on land which cannot be realized for

housing purposes. These lands include the safety zones, protected areas, military zones; • Shall meet requirements of urban planning norms and rules, as well as its possession will

not violate the rights and legally protected interests of other persons or pose a threat to the lives and health of citizens.

• specific cases in which the non-titled buildings cannot be recognized by the Cabinet of Ministers of the Republic of Uzbekistan;

195. Recognition of the non-titled rights to buildings is carried out by the decision of the Hokim of the district (city) on the recommendation of the Commission after paying a one-time fee in the amount of five times minimum wages;

196. After legalization, the owner is granted a lifelong inheritable possession right to the land plot (part of the plot) on which the building was erected. The size of the legalized land shall not exceed the limits established by law. The legalization will be carried out without imposing a fine to the owner that was foreseen by Article 121 of the Tax Code of the Republic of Uzbekistan (see 5.2.12 Tax code).

7.2.13 Resolution of Cabinet of Ministers № 44 (15 February 2013) 197. This resolution determines the procedure for the appointment and payment of Makhalla allowances for a) low-income families with children under the age of 14 years, b) allowances for low-income parents for childcare until the age of two years and c) allowance for low-income families. According to this resolution the following types of families are entitled to benefits:

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• families where the average monthly income does not exceed 1.5 minimal wages per person during the last three months. Along with incomes household members gain officially, additional factors are also to be considered by makhalla committee members, including the availability of land, employment status of family members, and presence of persons in need of care;

• the preferential rights for makhalla allowances have families who have lost both parents and children involved in family education;

• families where one or both parents are disabled children; • widow(er), raising two or more children under the age of 14, living separately from other

relatives; • family with disabled children; • mothers or fathers who are bringing up the children in a single-parent family. In this case

the fact of a child-rearing mother (father) in an incomplete family established by makhalla; • families in which one or both parents are unemployed who have been registered at state

employment bodies (regional and city departments of the Ministry of Employment and Labour Relations) as job-seekers;

• single retired persons. 198. The amount of allowances is determined by the Ministry of Finance of the Republic of Uzbekistan according to calculations submitted by the People’s Bank. According to the interpretation of this Resolution by the Ministry of Finance12, the amount of financial assistance can be from 1.5 times up to three times of minimum wage. The maximum duration of giving an allowance is up to six months.

7.2.14 Tax code

199. The Tax Code (TC) is a regulatory framework for taxation related matters of individuals and legal entities. This law regulates compensation for a vulnerable group of people regarding applying for discounts or exemption from property taxes, income tax and other taxes stipulated in this TC. 200. By article 121, the use of entire land plot or expanding the territory without documents or illegally is subject for sanctions in the amount equivalent to:

• Four times of land taxes for legal entities • Three times of land taxes for physical bodies

According to the Presidential Decree 5421, this fine is not applied during the campaign period till 1st May 2019.

7.2.15 Resolution of Cabinet of Ministers # 63(28.01.2019)

201. The resolution of CoM “Additional measures for the implementation of modern and transparent mechanisms of a provision of land plots with long-life inherited possession rights for individual housing”. Annex 2 of this resolution defines the procedure for the provision of land for the State and public needs.

The state needs13 – provision of land plot for the needs of:

• the needs of defense and state security, the creation of protected natural territories, the creation and functioning of free economic zones;

• fulfillment of obligations arising from international treaties of the Republic of Uzbekistan; • discovery and development of mineral deposits;

12https://www.mf.uz/uz/news/2615.html 13 Note: According to this resolution, land for the construction of TL for the section 1 is considered as allocation of

land for the State needs.

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• construction (reconstruction) of roads and railways, airports, airfields, air navigation, and aero technical centers, railway facilities, bridges, subways, tunnels, energy systems and power lines, communication lines, space activities, trunk pipelines, engineering, and communications networks;

• execution of master plans for settlements in the construction of facilities at the expense of the State budget of the Republic of Uzbekistan, as well as in other cases provided for by the legislation of the Republic of Uzbekistan;

Public needs - the need for construction of:

• automobile motorways and pedestrian walkways to buildings and structures, territories belonging to legal entities, regardless of legal forms, as well as individuals;

• engineering communications to buildings and structures, territories belonging to legal entities, regardless of their legal form, as well as to individuals;

• irrigation canals and other water arteries, reservoirs designed to supply water to the population, green spaces, and crops;

• state educational and medical institutions, boarding schools, houses of mercy, as well as in the framework of public-private partnerships;

• areas, as well as recreation parks, alleys, boulevards, recreation areas, lakes, reservoirs, ponds and other recreational facilities financed from the State budget of the Republic of Uzbekistan and funds of state organizations formed from sources not prohibited by law;

• affordable residential buildings for typical projects in rural areas and cities as part of targeted programs.

202. It clearly defines what kind of organizations is eligible to get land in the frame of the State and public needs. According to the Resolution, there are 15 stages for the procedure for the provision of land for the State and public needs. 203. In case of allocated land is under the ownership of the legal or physical entity, the provision of a land plot for state and public needs for the interested organization is carried out only after the acquisition (procurement) of the land plot from the physical and legal entities in the established order. The decree on land acquisition is regulated through the Presidential Order #5495, which regulates that the seizure of land for state and public needs is allowed only after an open discussion with interested parties whose land plots are confiscated. It also sets that demolition of residential, industrial premises, other structures, and structures belonging to individuals and legal entities and seizure of land is allowed after the full compensation of the market value of immovable property and losses caused to owners in connection with such seizure.

204. The size of the land plot to be offered as a replacement for the acquired land due the public and state needs is agreed with the owner of the affected land plot. In Uzbekistan, all the lands are to be allocated on the electronic platform by participating in the auctions. According to this resolution, affected households are exempted from the participation in auctions and land will be given by the Hokimiyats directly. A procedure for land allocation without auctions is done through application to be submitted by the affected household to Hokimiyat. Hokimiyat then offers to AHs a suitable land. If AHs agree with the replaced land plot, then they shall declare their agreement by writing manually agreement letter.

7.2.16 Resolution of Cabinet of Ministers # 165 (30.03.2017)

205. This resolution is issued to implement the decree of the President of the Republic of Uzbekistan “On the State Program for the Development of the Aral Sea Region for 2017–2021” and to target the social protection of low-income families in the Aral Region. According to this Decree family in need living in the Khorezm region and Karakalpakstan region are eligible to receive one-time financial assistance.

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206. One-time financial assistance to families in need is appointed by the Commission’s decision to the following categories of families (citizens) who find themselves in difficult life situations that are not fully supported by the State:

• lonely citizens and retirees who need care (not able-bodied and not able-bodied family members), families with a disabled bread-winner and other low-income categories of the population and families;

• Citizens who are disabled in Group I or have a serious illness (with complete or partial loss of a person’s ability and ability to carry out self-care, to be engaged in labor activities);

• families who have lost their sole breadwinner as a result of his death (within three months); • a parent (family member) in an incomplete family, caring for a disabled child or another

family member – a disabled group I or group II or having a serious illness that requires surgical intervention or long-term (more than five months) outpatient treatment requiring financial expenditures;

• families with two or more children, in which one of the parents is a disabled person of group I or II, and the second is forced to take care of the patient with the termination of employment or both parents are the disabled group I or II.

207. A difficult life situation means: • severe illnesses leading to disability (group I disabled person) or the treatment of which

requires a long-term (more than five months) use of drugs or surgical intervention; • death of a spouse, parents (adoptive parents), breadwinner; • damage to life, health, property as a result of natural disasters, catastrophes, fires and

other emergency situations (circumstances) of force majeure.

208. Families in need that received one-time financial assistance can re-apply for this assistance after one year. The amount of assistance is determined by Presidential Decree annually. Since January 1, 2019, the amount of one-time assistance is between 446 000 – 1 115 000 UZS which equals from 2 times to 5 times of minimum wage. 209. Therefore, in this project setting the one-time allowance in the amount of 101400 UZS for vulnerable families who are not benefiting from the State’s Social Program fits the National legislation of Uzbekistan. In translating this document into local language the term, an allowance shall be interpreted as moddiy yordam (in the Uzbek language) to avoid misunderstandings during the implementation stage.

7.2.17 Presidential Decree # 4086

210. As stated before, the amount of social allowance and financial assistance is determined by the Presidential Decree. Presidential Decree #4086 determines the amounts of allowances and social supports for vulnerable categories of citizens/families of Uzbekistan. Starting from January 1, 2019, the following benefits for families with children under the age of 14 years old, allowances for childcare until they reach the age of two years and material assistance to low-income families, and one-time financial assistance to families in need in the Republic of Karakalpakstan and the Khorezm region are established:

Table 7.2: The established amounts of social allowances by Presidential Decree #4086

№ Type of Social allowances

Amount (UZS)

I. Allowance for low-income families with children under 14 years old

Of them:

for family with one child, per month 122 000

for a family with two children, per month 203 000

for a family with three or more children, per month 284 000

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№ Type of Social allowances

Amount (UZS)

II. childcare allowance until they reach the age of 2 years, per month

406 000

III. one time financial allowance to low-income families 305 500 - 610 000 IV. one-time financial allowance to families in need in

the Republic of Karakalpakstan and Khorezm region 406 000 – 1 014 000

V Disabled Children, per month 406 000

7.2.18 Labour code and employment law

211. These two documents are central legislation regulating labor relations of individuals employed with labor contracts by enterprises, institutions, organizations of all type ownership forms, including contracted by individuals. These legislations are considering interests of employees and employers provide the efficient function of the labor market, just and secure labor conditions, protection of labor rights and employees health, promote the growth of labor productivity, an increase of work quality, raising on this matter welfare and social livelihood level of the population. 212. Both ADB policy and the Uzbek law provide for the indemnification of APs who lose a job because of land/assets acquisition under a public interest project. The two, however, differ substantially on how the matter is conceptualized and resolved in practice. ADB policy compounds the case as an income rehabilitation issue and thus requires that the actual job income lost by the APs is fully reimbursed to them. This approach covers temporary and permanent job losses and is generally implemented through an allowance providing the APs their declared monthly salary (what should be substantiated by the supporting documents) for the number of months of business stoppage up to a maximum of 12 months which is the benchmark for permanent job loss. For informal permanent jobs without declared salaries, the approach is the same but based on the national minimum wage. To guarantee proper policy application the payment of the job loss allowances are to be directly disbursed to the APs by the project proponent.

213. The national legislation, instead, limits the matter to the payment as mandated by the Labour Code of fixed employment termination indemnities due by an employer to his employees and to the obligation of the project proponent to reimburse the employer of the cost of those indemnities mandate by the Civil Code. Such an approach excludes from job loss compensation informal employees without a declared salary, applies only to permanently affected jobs and does not automatically guarantee that the APs receive their job termination dues14.

7.3 ADB Safeguard Policy Statement, 2009

214. ADB adopted its Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement, and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

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Based on the Labor Code of 1996, last amended on 2015 (Article 67) loss of employment is to be compensated with 2 months average salary

plus a severance pay of a maximum of 1 month average salary depending on the length of the employment lost. Also according to the Civil Code

(Article 14) all losses (including real damage, lost incomes) are to be compensated.

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215. The involuntary resettlement safeguards cover physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. The three essential elements of ADB’s SPS are: (i) compensation at replacement cost for lost assets, livelihood, and income prior to displacement; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. The SPS gives special attention to poor and vulnerable households to ensure their improved well-being as a result of project interventions. 216. The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments if any. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and district, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account. The following are the basic policy principles of ADB’s SPS, 2009:

(i) Screen the project early on to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement planning through a survey and census of displaced persons, including gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate the resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host populations. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (a) land-based resettlement strategies when affected livelihoods are land-based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (b) prompt replacement of assets with access to assets of equal or higher value, (c) immediate compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit-sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and community services, as required.

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(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through a negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a final resettlement plan, including documentation of the consultation process promptly, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

7.4 Policy differences and reconciliation

217. A summary comparison between the Uzbekistan law and regulation and ADB policies, and reconciliation provisions to fill the gaps is presented in Table 7.3 below: Table 7.23 Comparison of ADB resettlement safeguards with Uzbekistan law and regulation for

land acquisition and resettlement

ASPECT ADB NATIONAL UZBEK REGULATIONS

HARMONIZED FRAMEWORK

SOCIAL SAFEGUARDS REQUIREMENTS

Involuntary Resettlement

ADB Safeguard Policy Statement (2009)

The legal and policy framework of the project is based on national laws and legislation related to land acquisition and compensation policy in Uzbekistan, that are described in Table 7.2

The analysis of national legislation shows that Uzbekistan is adopted a number of presidential decrees and governmental resolution that fits policies of SPS 2009

Categorization ADB carries out project screening and categorization at the earliest stage of project preparation when sufficient

According to legislation, there is no categorization in Resettlement documents.

ADB’s SPS 2009 will be used.

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information is available for this purpose. The type of project categorizations is A, B, C, FI.

Compensation

entitlements

A. APs with the formal title has to be compensated for lost land/other assets. B. APs with the legalizable title have the right to be compensated for lost land and assets after the EA’s help them in legalizing their assets. C. APs with no legal title is compensated for lost non-land assets.

A. APs with the formal title is compensated for lost land/other assets. B. APs with legalizable or no legal title can be legalized per Presidential Decree #5421. Only lands of residential houses that are located in safety zones, safety zones, protected areas, military zones cannot be legalized. C. APs with non-legalizable titles considered non-titled as legalization is a burden of the APs. Non-legal APs have no right to be compensated for land and non-land assets.

A. Same in principle/application. No reconciliation needed. B. Same in principle/application. No reconciliation needed. C. Per Resolution of CoM #3857, in case of discrepancies between International Financial Institution in terms of payment of compensation for the land acquisition then IFI policies prevail. So ADB policy will be used

Compensation A. Permanent loss of land. Replacement land as a preferred option or cash compensation at full market rate. At least for legal/legalizable APs. B. Replacement of leased land. Based on the replacement of lost income through cash compensation of gross income x the remaining lease years or a replacement land lease. C. Loss of structures/ buildings. Cash compensation at replacement cost for a lost item free of depreciation, transaction costs, and other deductions.

A. Permanent loss of land. Replacement land for legal APs. B. Replacement of leased land. Based on lease replacement and compensation in cash all losses including lost income. C. Loss of structures/buildings. Cash compensation at market cost for lost items free of depreciation, transaction costs, and other deductions.

A. Same in principle/application for legal APs. Reconciliation needed both for principle and application to allow the compensation of all non-land losses of legalizable and non-legal APs, which shall be covenanted. B. Same in principle. Application to be further improved. No reconciliation needed. To be reflected through instruction for ADB projects. C. No reconciliation of principles and applications needed. However, it is required the establishment of a protocol allowing the compensation of structures/ building at replacement cost, when the salvageable materials remain with the

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D. Loss of indirectly affected items. Not affected parts of an asset no longer usable after impact will have to be compensated as well. E. Business losses. Reimbursement of actual losses + business re-establishment costs. For an application based on tax declared income for a period of business stoppage. In the absence of a tax declaration based on maximum non-taxable salary. F. Loss of trees: i) Unproductive. Irrespective of legal land occupancy status compensation at the market rate. Application-based on tree type/ wood volume or other methods ensuring AP rehabilitation. ii) Productive. Compensation at replacement cost based on the application on various methods: tree reproduction cost, income lost (x tree type x market value of 1-year income x full production years lost).

D. Loss of indirectly affected assets. Law requires that all losses including lost incomes are to be compensated to all legal APs. E. Loss of business. Cash compensation at market value for all damages/opportunity costs incurred. The burden of proving opportunity costs rest on the AP based on recognized documented evidence but no clear methodology. F. Loss of unproductive and productive trees. Unproductive as well as productive trees affected by a public project are to be compensated according to the independent valuator's report, but with no right to have felled trees.

developer or landowner provides full reimbursement to the owner. It is hoped that this can be formalized without legal reform but only a Decree for ADB projects or through the inclusion of additional safeguard covenants into the loan agreements which are equivalent to the international treaty or agreement. D. No reconciliation of principles and applications needed. E. Same in principle but ADB does not consider opportunity cost. Application reconciliation needed to define a clear methodology and distinguish short- and long-term losses. F. Same in principle, different in application. Already adjusted for previous ADB projects but Application reconciliation shall be covenanted ensuring systematic law implementation, and also cash compensation is provided by default, ensuring and use of valuation standards fitting SPS 2009.

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G. Loss of crops. Compensation of crop in cash at market price.

G. Loss of crops. Loss of crops to be compensated. There are two forms of compensation for loss of crops: i) compensation of uncompleted agriculture production and ii) compensation of lost income by multiplying four (years) average income for the last three years.

G. No reconciliation for the policy is needed but shall be covenanted to ensure that crops are compensated at the moment close as much as possible to the date of calculation lost income.

Involuntary Resettlement Planning, assessment, and valuation of impacts

Land Acquisition and Resettlement Plan (LARP). LARP preparation includes: a) impacts assessment/AP census; b) definition of entitlements, income/livelihood restoration strategy, compliance & grievance redress mechanisms, institutional arrangements; c) consultations results; d) monitoring schemes; e) budget and implementation schedule. LARP requires the following surveys: i. Measurement survey. Measures all affected items. ii. AP Census. Identifies all APs and establishes legitimate beneficiaries based on legal status. iii. Socio-economic survey. It provides background information on AP’s socio-economic features. iv. Valuation survey a) Land: If land market exist based on a survey of recent transactions; without land market based on land productivity/ income;

Resettlement Plan. There are no requirements to prepare integrated and stand-alone LARP. LAR planning entails similar but less extensive/simpler assessment/survey efforts than ADB Policy, as detailed below: i. Measurement survey. Land and buildings impact measured. Other impacts identified but not measured; ii. APs Identification. Identifies only legal APs; iii. Socio-economic survey. No comparable requirements exist; iv. Valuation survey; a) Land: valued at a market rate based on a transaction survey. The valuation includes transaction costs/third party liabilities; b) Buildings and structures. Replacement cost but the salvageable materials remain with the developer or landowner provide full reimbursement to the owner; c) Trees/crops. Based on the methodology detailed in section Compensation F. and G.

Partly different in principle and application. No reconciliation needed as law/regulation is silent on this matter and SPS (2009) requirements have been already applied in previous ADB projects. Still, clear instructions regarding ADB projects ensuring the measurement of all impacts and the counting of all AP are needed for mainstream purposes. i. Detailed Measurement Surveys to be mainstreamed for all impacts; ii. Detailed count of individuals to be mainstreamed; iii. The execution of the survey is to be mainstreamed; iv. Valuation survey a) The land is not valued because of compensation land to land; there is only measuring land area and valuation of land quality (productivity/soil quality) to compensate land to equal land; b) Already reconciled for previous ADB projects.

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b) Buildings and structures. The replacement cost of materials, labor and transport and special features of building/structure without discounting depreciation, salvageable materials, and transaction costs; c) Trees/crops. Based on the methodology detailed in section Compensation.

Procedural mechanisms

A. Information disclosure. Resettlement-related documents to be timely disclosed in the AP language. B. Public consultations. Meaningful public consultations are to be held with the APs. APs should be informed about their entitlements and options, as well as resettlement alternatives. C. Grievance procedure. A Grievance Redress Mechanism (GRM) is to be established for each project. Information on GRM to be communicated to the APs. D. Asset acquisition conditions. Property can be acquired only after full compensation is paid to the APs.

A. Information disclosure. No disclosure requirement exists. B. Public consultations. Matters of local importance to be publicly discussed with local authorities. But no requirement to consult the APs directly. C. Grievance Procedures. Each state agency/ministry must follow to detail instructions (approved by the government) on registering and reviewing the concerns and claims from citizens. D. Asset acquisition conditions. Property can only be acquired after full compensation is paid to APs.

A. Different in principle and application. Already reconciled for ADB projects. B. Same in principle but different in application. This is already reconciled for ADB projects. C. No reconciliation is needed. D. Same in principle, but unsystematic in the application. Application to be improved.

Assistance to vulnerable and severely

affected AP

A. These APs are to be identified, and special assistance is to be provided to restore/ improve their pre-project level of livelihoods.

A. There are no special laws or regulations for livelihood restoration due to land acquisition and involuntary resettlement impact. However, there are a number of legislative documents related to social support and livelihood improvement measures considered by the government

A. According to Resolution #, 165 of Cabinet of Ministers for families living in Khorezm and Karakalpakstan in need and who are not officially registered as low-income families can be given one-time financial allowance amounting of 2 to 5 times of

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of Uzbekistan to consider social allowances and needy families through Cabinet of Ministers resolutions (#350 dated 12 December 2012, #44 dated 15 December 2013, and #165 dated 30.03.2017) and to consider disabled people through the Law on social protection of disabled people (#422-XII, 18 November 1991). According to the Presidential Decree #4086 dated 26.12 2018, the exact amount of all types of social allowances to low-income families within Uzbekistan is given Thus, the support of vulnerable groups of the population is provided on a regular base by the Government on central and local levels and does not require additional payments in connection with the project implementation.

minimum wage. Based on these norms, in this project, we can allocate a one-time allowance amounting of 5 times of minimum wage.

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8. ENTITLEMENTS, ASSISTANCE, AND BENEFITS 218. This chapter details the eligibility and entitlements for compensation for assets affected by section 1 of NWRTLP.

8.1 Eligibility and the cut-off date

219. The cut-off date is set to establish displaced persons who are eligible to receive compensation and resettlement assistance by a project. The aim is not to inflict losses on people. Any person who purchases or occupies land in the demarcated project area after a cut-off date is not eligible for compensation or resettlement assistance. Fixed assets such as built structures, crops, fruit trees, and woodlots established after this date, will not be compensated. The good practice is to use the completion date of the census of displaced/affected persons as the cut-off date. They will, however, be given sufficient advance notice requesting them to vacate land parcels and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and will not be subject to fine or compensation.

220. In Uzbekistan, according to the procedures, there is no regulation on cut-off dates. Therefore, when a DMC lacks established procedures, therefore, in this updated LARP cut-off date for eligibility is determined as the last day of the census of AHs and IOL 221. Compensation eligibility will be limited by a cut-off date established based on the last day of the DMS/IOL of affected households. The cut-off date for Takhiatash district territory is set as June 15, 2019, the last day of the census and DMS/IOL. Households who settle in the affected area and/or make any improvements on the land parcel to be acquired for the project after the cut-off date will not be eligible for compensation.

8.2 Legalization and registration of land lease / possession

222. Preliminary site investigation of section 1 has found 2 AHs who were non-titled AHs using residential lands in section 1 of NWRTLP. This also has been verified by site visits and exploration of Satellite maps. After consultation with local Hokimiyat, these 2 AHs were legalized in order to be eligible for monetary as well as land for land compensation in a frame of this project. These 2 AHs were included in this LARP.

8.3 Compensation and valuation of assets

223. This section details the entitlements for compensation for assets affected by the project. According to ADB’s SPS (2009), AHs are eligible to receive compensations at replacement cost. The intention is that AP will be able to replace an expropriated asset of the same or better quality in the current market conditions. The full replacement cost consists of the five elements as: • Fair market value • transaction costs • Interest Accrued • Transitional and restoration cost • Per resolution # 146, the AHs are eligible to receive loss of agricultural income in the form

of monetary compensation alternatives to land for land compensation.

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8.4.1. Compensation for Land 224. The legally based agricultural land compensation method that exists in Uzbekistan is based on land to land compensation. According to resolution # 146 of CoM, in case of permanent and temporary land acquisition from AHs, agricultural loss of AHs due to permanent and temporary land acquisition will be compensated as monetary form. For this TL, the compensation for agricultural loss is based on monetary compensation only15. This approach has been selected, because not only the unit impacts are too small to justify both logistically and economically for replacement plots, but also preferable by the AHs. 225. Compensation for the land is aimed at providing a farmer whose land is acquired and used for project purposes with compensation for land labor and crop loss. Compensation for agriculture land will be on a “land for land” basis, with land being provided to owners by the District Hokimiyat following assessment by the Land Acquisition and Resettlement Commission. Such land will be of equal value/productivity in a nearby location and with comparable associated services/ facilities, or compensation to provide such services. 226. Alternatively, cash compensation for agricultural land at replacement cost will also be provided in case the AHs refuse land-for-land compensation or land for land compensation is not a convenient way for AHs. The compensation for the permanent loss of land use rights over the affected agricultural land will be compensated equivalent to 4 years' net average income of the past 3 years (of the affected annual crop).

Per resolution # 146 replacement cost includes followings: • The cost of the land plot under the ownership of legal and physical entities • The cost of residential houses, structures, unfinished structures and structures that are

not directly affected but unviable to use after land acquisition. • The cost of fruit trees, windbreak forests and other perennial plantations • The cost of not harvested agricultural crops • The cost of agricultural income loss due to encumbrances, such as the establishment of

safety zones for TL

227. Agricultural income loss in case of land for land compensation provided to AHs then agricultural income loss will not be provided) 228. In cases wherein all or parts of the lease holding become unviable, unaffected portions of a plot will also be compensated. 229. In cases wherein all or parts of the lease holding become unviable, unaffected portions of a plot will also be compensated. This matter will be determined by district land resources and cadastre department and in case of disputes, this matter will be resolved with the support of local Hokimiyat and district agriculture and water resources department.

230. Transaction costs, registration fees, if any, will be borne by NENU.

8.4.2. Trees 231. Loss of income from fruits trees and timber trees will be compensated in monetary value based on the market value of wood. Fruit trees will be evaluated based on the average annual income for the past 3 years multiplied by the remaining productive life of the fruit-bearing trees. In the case of loss of timber trees, compensation will be based on the market value of their dry wood volume. The compensation for trees will be free of the deduction for the value of the wood left to the AH. The results of the Independent valuation company for the valuation of trees will be used as a reference to pay compensation to AHs in this LARP

15 In Uzbekistan is existing standardized valuation of agricultural land differentiating by type of land (i.e. irrigated,

rainfed, pasture). This valuation will be determined by district land resources and cadastre department based on Resolution of Cabinet of Ministers 146 (25.05.2011).

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8.4.3. Crops 232. Loss income from crops planted on the affected land will be compensated in monetary value at replacement cost based on average net income computed based on the average income over the past 3 years multiplied to construction period years to restore the lands for an affected portion of land. In case of involvement of the Independent valuation company for the valuation of crops then the results of the reports of the valuation company will be used as a reference to pay compensation to AHs in this LARP.

8.4.4. Loss of building and structures

233. Compensation for affected structures is based on the results of the market estimation of the cost of the specified object, including all the related payments, depreciation and transaction costs and relocation costs. Full compensation will be also provided for the affected substructures adjacent to the house. No deductions shall be made for salvageable materials. 234. The calculation of compensation of affected assets is calculated by the independent valuation company hired for this section. The results of the Independent valuation company for the valuation of structures will be used as a reference to pay compensation to AHs in this LARP.

8.4.5. Loss of Income/Livelihood 235. Loss of income/livelihood will be compensated for the period of business interruption16. This will be calculated based on the estimated average monthly income in the past 3 years multiplied by the number of months of business interruption. Workers from the affected businesses will be paid for lost wages for the duration of business interruption up to 12 months. In case of agricultural workers losing their employment as a result of land acquisition, monetary compensation will correspond to their salary (in monetary value and in-kind) for the remaining part of the agricultural year or contractual period whichever is higher.

8.4.6. Vulnerable Households 236. Vulnerable households, including women, headed households without support, low-income household, a household headed by elderly with no support and household headed physically challenged people will be provided with a one-time additional allowance equivalent to 5 times of minimum wage17. Additionally, members of vulnerable households will also be prioritized18 in project-related employment. Since August 2019 the minimum wage was set at 223,000 UZS per month, thus the financial aid allowance is determined by the Presidential Decree #4086 for the 2019 year as 1,115,000 UZS per AHs. The mahallas and village assembly of citizens have a record of all households in the communities and will be tapped in identifying and certifying vulnerable households.

8.4.7. Compensation estimation process 237. All compensation estimates of the property and assets will be at the replacement value. The LARP sets eligibility and entitlement provisions establishing compensation rates in accordance with guidelines from the GOU and ADB SPS 2009. 238. All compensation and assistance to be provided for this section 1 of NWRTLP are summarized in the entitlement matrix below (See Table 8.1).

16 Business interruption includes the time for receiving a new land plot and designing/building of a new business

structure. 17 Defined by the Presidential Decree #4086 adopted on 26.12.2018 (see 7.2.14 for details) 18 Applicants should meet eligibility requirements in terms of qualification and skills

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Table 8.1: Entitlements Matrix

Type Specifications Affected

HHs Entitlement

B. Impact on Land

A.1. Agricultural land

Permanent land losses caused by tower construction

All AHs, Leaseholders

1. Monetary Compensation at replacement cost by providing compensation for loss of land use rights equivalent to 4 years of the net average income 19of the past 3 years (of the affected annual crops.);


3. Transaction cost, registration fee, related to new plot allotted will be borne by NENU

4. Independent valuators will be engaged only in cases where AHs disagree with compensation rates determined by the Karakalpakstan branch of Uzdavyerloyiha Land Use Planning Institute.

Temporary land losses caused by tower construction and transmission line stringing

1. Monetary Compensation at replacement cost by providing compensation for loss of land use rights equivalent to temporary period years of the net average income 20of the past 3 years (of the affected annual crops.);


3. Independent valuator will be engaged only in cases where AHs disagree with compensation rates determined by the Karakalpakstan branch of Uzdavyerloyiha Land Use Planning Institute.

A.2. Residential land

Land Loss All AHs, Leaseholders with Lifelong inheritable possession/ permanent possession

1. Land for land compensation through the provision of a land plot comparable in value/location to the plot lost including services (or compensation to provide such services) to plots lost with registration and transfer charges if any to be borne by the project;

OR 2. Unaffected portions of a plot will also be

compensated if they become unviable after the impact occurs.

3. All mandatory fees for registering the land, completion of required house design, surveys, acquiring permission for construction under the AHs name and any other related costs will be paid by NENU.

B. Impact on Structures

Residential / Business structures

Full or partial loss of structures

Ownership 1. Monetary compensation at full replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. OR

2. In case of partial impacts on structures (structure wall, fences, etc.), monetary compensation at replacement rates to restore the remaining structure.

3. Unaffected portions of the structure will also be compensated at replacement value if they become unviable after impact.

4. Monetary Compensation at replacement cost to be determined by the Independent Valuator and cost of valuation shall be paid by NENU.

19 Based on the Tax authority information 20 Based on the Tax authority information

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Type Specifications Affected

HHs Entitlement

C. Impact on Crops and Trees

Agriculture land, orchard

Loss of crops All AHs 1 Monetary compensation at replacement cost for primary (and secondary crops if any) on affected land-based on 1 year of production costs (inputs) plus an allowance equivalent to 1-year average net income based on the average income over the past 3 years.

2 Monetary compensation at replacement cost will be determined by Uzdavyerloyiha Institute.

3 Independent valuator will be engaged only in cases where AHs disagree with monetary compensation rates determined by Uzdavyerloyiha

Loss of fruit trees

All AHs (including the non-leased

landowner)

1. Monetary compensation for fruit trees will be based on the average annual income for the past 3 years multiplied by the remaining productive life of the fruit-bearing trees.

2. Production costs (inputs) of trees till to cut date. 3. Monetary Compensation at replacement cost to be

determined by the Independent Valuator and cost of valuation shall be paid by NENU.

4. Felled trees will be kept by the AHs. Loss of timber

trees All AHs 1. Monetary compensation for timber trees will be

compensated based on the market value of dry wood volume. OR Production costs (inputs) of trees till to cut date.

2. Monetary compensation at full replacement rate for affected

3. Felled trees will be kept by the AHs. D. Impact on Income and Livelihood

Employment from affected agricultural land

Loss of employment from affected agricultural land

Agricultural workers

losing their contract

1. Monetary indemnity corresponding to their salary (in monetary value and in-kind21 benefit) for the remaining part of the agricultural year/or contractual period whichever is higher in monetary value.

E. Vulnerable Households

Vulnerable

Affected Househ

olds

Low-income households,

female-headed households with

fewer than 2 adult income-earners, HHs with disabled

family members)

1. Financial aid allowance is equivalent to 5 times of minimal wage given a lump sum at once. According to the Presidential Decree # 4086 financial aid allowance for families in need starting from August 1, 2019, is set 406,000 – 1,014,000 UZS per AHs.

2. Priority for employment in project-related jobs, training opportunities, self-employment, and wage employment assistance.

F. Impact on Community Structures and Assets

Community

Structures and Assets

Loss or damage to public

infrastructure and utility

Community-owned Assets

1. Rehabilitation/replacement of affected structures/utilities (i.e. footbridges, roads, communication lines, water pipelines, power transmission lines, etc.) to pre-Project level.

G. Any unanticipated Impacts

Any unanticipated impacts identified during the Project implementation will be compensated in full at replacement rate, subject to independent valuation methodology.

21 Products which workers used to receive as payment and/or additional benefit for on-farm work such as wheat, rice,

hay etc.

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9. INCOME RESTORATION AND REHABILITATION 239. Income restoration and rehabilitation measures include improving the livelihood of AH whose income would be adversely affected by the project to either a previous or better than the pre-project conditions. According to ADB’s safeguard policy 2009, the AH incurring impact on more than 10% of its productive assets will be eligible for income restoration assistance and support from the project. 240. In section 1 of the NWRTLP, there are 2 AHs who will be impacted by 100% of their buildings and structures and residential land. As part of the income restoration and rehabilitation measures, these 2 AHs will be provided compensation at replacement cost for their impacted structures and land for land compensation of equal value and size will be provided. Additionally, these 2 AHs who will lose their residential land will be provided one-time additional support in the amount of 5 times of minimum income wage. 241. Land-based income restoration. This program replaces the lost land with new land of equal or better productive potential at some other place. It is the preferred option for residential landowners. Local Hokimityat will provide a new land of equal size and quality and connection to infrastructures. Considering the rate of impact is low on land acquisition, agricultural farms prefer non-land based options. Although the scarcity of land is often a constraint in pursuing this approach, the option should be explored if the displaced persons wish to continue with land-based income restoration.

242. Cash Assistance for Income Restoration. Income restoration assistance is also sometimes provided in cash. In this section 1, cash assistance in the form of 5 times of minimum wage will be provided for AHs who will lose their more than 10% of their productive assets. 243. In-kind assistance: According to the Resolution of CoM of Uzbekistan #97, after the demolition of the affected structures, the salvageable building materials shall be evaluated in order to deduct from the total amount of compensation to be paid to AHs. The Land Acquisition and Resettlement Commission will decide whether to deduct and give to AHs or to get all the building materials. In this Project as part of the livelihood restoration measures, all the salvageable materials will be kept by AHs for free of charge. During the census, residential AHs declared that most of the salvaged materials can be used to build new houses. Therefore, salvageable materials will be allowed to be taken away by the AHs after the demolition at no deductions.

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10. RESETTLEMENT BUDGET AND FINANCING PLAN 244. This chapter provides an itemized budget for all resettlement activities, including all compensation and assistance and cost for implementation of LARP. 245. In order to ensure that sufficient funds are available for LAR tasks, the NENU as the EA will allocate 100% of the cost of compensation at replacement cost and expected allowances estimated in each LARP plus contingencies before LARP implementation. PMU will be responsible for the timely allocation of the funds to implement the LARPs. The PMU will provide compensation for lost assets and other allowances in accordance with the entitlements agreed in the LARP and reflected in the Entitlement matrix.

246. The details of the compensation cost for each category of impact are provided in the following subsections. Enumerated compensation costs are estimated on the approximate manner, therefore numbers have to be updated and confirmed through valuation by licensed firms and request of tax/income statements before disbursement of compensation and assessment of actual impact. 247. Section 1: The power line section between Takhiatash TPP and 1st river-crossing of the transmission line with the Amudarya River (Republic of Karakalpakstan)” includes in total 11 AHs including, 9 affected farmers whose agricultural lands will be impacted for temporary/permanent period and 2 residential houses who will be impacted for permanent period only. Section 1 also passes through the State Governed Lands which are under the use of Takhiatash district and Takhiatash city reserve lands. In this chapter compensations for 11 AHs have been described.

10.1 Compensation for permanent land acquisition 248. In accordance with the Resolution of CoM # 146, land for land compensation will be provided for affected households in case of permanent land acquisition from physical and legal entities.

249. Compensation for the land is aimed at providing a farmer whose land is acquired and used for project purposes with compensation for restoring the affected lands to the previous condition. Compensation for agriculture land will be on a “land for land” basis, with land being provided to owners by the District Hokimiyat following assessment by the Land acquisition and resettlement commission. Such land will be of equal value/productivity in a nearby location and with comparable associated services/ facilities, or compensation to provide such services. 250. Alternatively, cash compensation for agricultural land at replacement cost will also be provided in case the AHs refuse land-for-land compensation. The compensation for the permanent loss of land use rights over the affected agricultural land will be compensated equivalent to 4 years net average profit of the past 3 years from affected land. In this LARP monetary compensation was preferred by AHs.

251. The compensation for the permanent land acquisition to be paid to affected agricultural farms is determined by the following formula:

C= APL *AL Where: C – Compensation for permanent land acquisition APL – Agricultural income loss per ha calculated based on the net income for the last 3 years multiplied to 4 years, UZS AL – Total affected lands, ha

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252. According to the documents provided by Uzdavyerloyia – Land Use Planning Institute, compensation for permanent land acquisition has been already paid in 2015 to farmers by NENU. In total NENU has paid for 0.47 ha of land to get for a permanent period. In 2015, the compensation had been transferred to the farmers and impacted permanent land has been transferred from the agricultural category into the State Reserve land category. Therefore, in order to avoid double payment, compensation for permanent land acquisition is not foreseen in this LARP. Annex 11 details the information that was given by Uzdavyerloyiha concerning that land allocation and acquisition act for permanent land acquisition that was prepared 2015

10.2 Compensation for temporary land acquisition

253. Compensation for temporary land acquisition will be based on the net loss income from crops planted on the affected land equivalent to construction years multiplied to the net average income of the past 3 years. The total construction period is established per final design as three years. Therefore, the construction period should not exceed this period. Unaffected portions of an affected arable plot will also be compensated if the same becomes unviable after impact. Inflation rate shall be taken into account in the calculation of future agricultural income loss

254. According to the reference letters given by Tax office in total 6 AHs net average income of the past 3 years. Therefore, the Karakalpakstan branch of Uzdavyerloyiha calculated the total amount of compensation to be paid for the temporary land acquisition for those 6 AHs (Annex 12). In addition to temporary land acquisition, AHs are also eligible for crop loss. These amounts are based on the entitlements that are presented in the entitlement matrix of this LARP. 255. In 2015 NENU has transferred compensation for temporary land acquisition for a period of 3 years. Since 3 years period was ended in 2018 a new temporary land allocation act has been done and NENU shall pay affected farmers for temporary land acquisition.

256. According to the NENU, the construction of Towers and stringing of TLs will be finished by the end of this year. Therefore, starting from the next cropping season affected farmers will be eligible to plant a new crop on affected lands. A Safeguard specialist at PIU shall monitor LARP Implementation and approve that construction works will be finished until the next cropping season which is spring 2020. In case of delays, then AHs shall be entitled to the next year’s crop loss.

Table 10.1: Compensation for temporary land acquisition

№ Name of AHs The net average income of

the past 3 years, UZS

Compensation for

temporary land

acquisition, UZS

1 Charos Zilola 69,972,000 179,370

2 Sanobar Saparbayeva

36,407,700 566,012

3 Alisher 30,138,500 239,160

4 Ro'za Bonu 107,770,000 562,026

5 Abdureim Bag'i Nayman

3,122,000 59,790

6 Taxiatash Agro Ekspo

0,0 0,0

7 Ay Asil Kanat 40,420,900 366,712

8 Taxiatash Amudaryo Sohili

0,0 0,0

9 Taxiatash Agro Ekspo Nayman

0,0 0,0

TOTAL 1,973,070

Source: DMS and valuation reports of Uzdavyerloyiha Institute, 2019

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10.3 Compensation for crops 257. As stated before, the local Land Use Planning Institutes (Uzdavyerloyiha) has performed land acquisition and land allocation procedures. Loss income from crops planted on the affected land will be compensated in monetary value at replacement cost based on average net income computed based on the annual average income over the past 3 years to restore the lands for an affected portion of land (Annex 13).

Table 10.2: Compensation for lost crops

258. During the census and inventory of losses in May-June 2019, there were standing crops on the affected agricultural land. Nowadays, in October months most of the crops have been already harvested and there can be no crops at all on the affected lands. Therefore, during the implementation of this LARP and payment of compensation AHs, there can be a situation where no compensation will be needed for crops since there will be no crops on fields. So, the compensation for lost crops listed in this Report will be subject to revising based on the availability of crops on fields.

10.4 Compensation for affected trees

259. Compensation for affected trees has been calculated by the Independent Valuation Company “Karakalpak Garezsiz Bahalua”. The valuation company used a cost method which is the estimated value in current prices at the date of valuation of an exact copy of the valued trees (Annexes 14-16). DMS/IOL and protocols from farms were collected s by site visits of Resettlement consultants to evaluate the affected trees. During the census, it was impossible to evaluate the compensation for affected trees by the average net profit since no tax declaration has been submitted by the farmers. Therefore, all the affected trees have been calculated and evaluated based on the cost method using market values by an independent valuation company. The entitlement matrix developed for this section entitles AHs to receive compensation at replacement cost based on the reports of valuation company and this method is also accepted by the AHs themselves as well.

260. The valuation company “Karakakpak Garezsiz Bahalau” has been hired by the NENU. This selection has been consulted with the AHs and they agreed on that. Therefore, the costs of the valuation have been paid by the NENU. No reimbursements are foreseen for the affected farmers for the cost of the valuation. The results of the valuation report have been given in Table 10.4 below.

Name of AH

Affected crops

Total compensation, UZ

Charos Zilola Rice 1,485,000

Sanobar Saparbayeva Cotton 12,500,000

Alisher Cotton 5,230,000

Ro'za Bonu Cotton 12,500,000

Taxiatash Agro Expo Cotton 9,680,000

Ay Asil Kanat Cotton 8,184,000

Taxiatash Amudaryo Sohili Rice 5,049,000

Taxiatash Agro Expo Nayman Rice Cotton

2,145,000 3,600,000

TOTAL 60,373,000

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Table 10.4: Compensation for affected trees

№ AHs Type of

trees Total affected

trees Compensation,

UZS

1

Abduraym Bog'i

Nayman

Apple 14 1,098,638

2 Apricot 25 871,353

3 Peach 3 44,178

4 Poplar 41 15,715,173

5 Grape 55 6,234,335

6 Oleaster 6 287,739

7 Mulberry 19 1,082,362

8 Willow 6 2,566,976

Total 163 27,900,754

1

Alisher

Poplar 45 27,753,688

2 Peach 8 255,767

3 Apricot 4 183,106

Total 57 28,192,561

1

Roza Bonu

Poplar 43 23,070,817

2 Willow 13 7,729,994

3 Mulberry 193 21,769,311

Total 249 52,570,120

Grand Total 469 108,663,435 Source: Reports of the Independent Valuation Company “Karakalpak Garezsiz Bahalua” 2019

10.5 Compensation for demolished residential houses and structures

261. Monetary compensation at full replacement rate for affected structure/fixed assets free of salvageable materials, depreciation and transaction costs. All the costs in relation to registration of new land, cadastral document fees shall be recovered by NENU or Local Khokimiyat. 262. Monetary Compensation at replacement cost was determined by the Independent Valuator “Busnes Baha Orayi” LLC which has been independently hired by the AHs themselves. Therefore, the cost of valuation shall be paid by UE (Annexes 17-18) 263. Salvageable materials after the demolition will be kept by the AHs as livelihood restoration measures. 264. The valuation company used a recovery cost which is the estimated value in current prices at the date of valuation of an exact copy of the valued structures. Table 10.5 below details the results of the valuation reports prepared by “Business Baha Orayi” LLC that was done on June 1, 2019.

Table 10.5: Compensation for affected structures and cost of valuation

AHs Compensation for Residential structure,

UZS

The total compensation,

UZS

Seyitov Rustam 85,466,900 85,466,900

Tursunbayev Alimjan 50,777,945 50,777,945

Total 136,244,845 Source: Valuation Reports of the Valuation Company “Karakalpak Garezsiz Bahalua” 2019


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10.6 Relocation and additional assistance

265. Vulnerable households, including women, headed households without support, low-income household, a household headed by elderly with no support and household headed physically challenged people will be provided with a one-time additional allowance equivalent to 5 times of minimum wage22. 266. The amount of social allowance and financial assistance is determined by Presidential Decree #4086 which determines the number of allowances and social supports for vulnerable categories of citizens/families of Uzbekistan. Starting from January 1, 2019 material assistance to low-income families and one-time financial assistance to families in need in the Republic of Karakalpakstan shall be given in accordance with the Annex 25 of this Decree. In this annex, a one-time financial assistance amount established as the amount that equals 1,014,000 UZS at the time of writing of this report. 267. Additionally, members of vulnerable households will also be prioritized23 in project-related employment. 268. According to the census, 2 affected residential households (Seytov Rustam and Tursinbayev Olimjon) were found as severely affected households and are thus eligible for a one-time allowance to be given in this LARP.

269. In addition to the assistance above, AHs that will be physically displaced as a result of the Project are entitled to relocation allowance and rental assistance for up to two years. For the 2 relocating households losing residential structures who need to relocate will each be provided with a relocation allowance that includes (a) 300,000 UZS per month up to a maximum of 2 years while the new house or building is being erected; (b) 500,000 UZS for the transportation of the family members, goods and chattels to temporary and permanent relocation sites/houses. The value of both allowance for renting and relocation is based on the estimate made by independent valuator that was verified during consultations with affected people.

270. Table 10. elaborates the type of allowance, unit rate, number of AHs, and a total of these severity impact, relocation, and rental support allowances

Table 10.6: Relocation and support allowances

Type of

allowance Description

Unit Rate, UZS

Number of AHs

Total, UZS

Relocation for Residential HH

Transportation of 1 AH belongings and dismantled construction materials

500,000 2 1,000,000

Rental Allowance Rental allowance for up to 24 months 7,200,000 2 14,400,000

Reimbursement of a Valuation fee

Cost of the valuation fee that was paid by residential AHs to Valuation company

810,000 2 1,620,000

Support for severely affected HH

Single severe impact allowance equal to minimum wage for 5 months

1,014,000 2 2,028,000

22 Defined by the Presidential Decree #4086 adopted on 26.12.2018 (see 7.2.14 for details) 23 Applicants should meet eligibility requirements in terms of qualification and skills

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271. During the census, affected residential households declared that they are not living in these residential houses since the building structure has not been fully built yet. Therefore, during the census, no family members except the head of HH presented. Also, investigation of the rooms of the houses showed that AHs have not yet brought any goods. Currently affected residential AHs are living at other residential houses. During the social compliance audit report this information needs to be verified once again. If HHs have not been moved yet, and HHs are still living in their current (not affected) houses, then the monthly rental payment will be subject to revision. Additionally, Contractor for civil works will be ready to assist residential AHs with the transportation of the family members, goods and chattels to temporary and permanent relocation sites. This will be also attracted to the Contractor’s contract as well. In that case, in order to avoid double payment to AHs, relocation cost in the amount of 500,000 UZS will not be paid directly to AHs. 272. In cases where an AH requires support which would typically involve the provision of labor for the dismantling of house/building and transportation of materials, NENU will provide the necessary support through the Contractor responsible for Construction.

10.7 Summary Budget

273. The LARP budget, based on compensation calculations for losses to agricultural land, crops, agricultural land replacement, building and structures, and support allowances are estimated to be US$ 36,012 The direct compensation cost will comprise 94% while indirect cost 6% of the total compensation costs. Internal monitoring and evaluation, as well as LARP implementation, will be covered under an ongoing contract package between NENU and PIC. The detail information regarding the payments per AHs is given in Annex 19. The detailed budget items are summarized in Table 10.7 below.

Table 10.7: Summary of Estimated Budget

№ Description

Cost Estimate

Cost Estimate

UZS USD

Direct Cost (A)

1 Permanent impact 0 0

2 Temporary impact 1,973,070 218

3 Crops 60,373,000 6,663

4 Trees 108,663,435 11,992

5 Building and Structures 136,244,845 15,036

Subtotal (A) 307,254,350 33,910

(B) Indirect cost

6 Assistance for severely AHs 2,028,000 224

7 Relocation for Residential HH 1,000,000 110

8 Rental Allowance 14,400,000 1,589

9 Reimbursement of the Valuation Fee

1,620,000 179

Subtotal (B) 19,048,000 2,102

Grand Total 326,302,350 36,012

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INSTITUTIONAL ARRANGEMENT

10.8 General

274. This section describes institutional arrangements for preparing, implementing, and monitoring involuntary land acquisition and resettlement activities of the project including a description of organizational procedures for delivering entitlements, implementation process, including how resettlement preparation, approval, and implementation will be linked to contract awards and the start of the project’s civil works.

10.9 NENU and project management unit 275. The State Joint-Stock Company National Electric Networks of Uzbekistan (NENU) will have overall responsibility for all aspects of the program. The Project Management Unit (PMU) within NENU will be responsible for the day to day management of the Project including cross-agency coordination, and via the Resettlement Expert (RE) for LARP implementation and monitoring the compensation and disbursement.

276. The RE under PMU will be directly involved in all LAR related planning, implementation, inter-agency coordination, monitoring, and reporting. The RE will receive support from the relevant project consultants and benefit from inputs from the Design Institute (DI), district/city executive authority and land resources and cadastre department as appropriate. 277. North – West main power network (NWMPN) has been institutionally reformed into Khorezm main power network (KMPN) on 23 July 2019 (Annex 22).KMPN is one of five power networks of NENU responsible for power transmission and maintenance of transmission lines and substations in the North – West region of Uzbekistan. JSC NENU is a central organization of the Ministry of Energy responsible for sustainable and regular service of power consumers as well as maintenance of the grid in constant high technical operation. This organization has integrated five regional branches so-called Main Power Networks (MPN). Through MPNs power is transmitted from a power plant to regional power grids. 278. KMPN will be the entry point for receiving a complaint or known as a Focal Grievance Point (FGP). Moreover, KMPN will ensure local monitoring of LARP implementation assisting PMU in all LARP related implementation activities. 279. NENU as the Executing Agency has established a PMU with required staff, including a safeguards specialist within the PMU. NENU will also be responsible for the selection of a Construction Supervision Consultant (CSC). NENU and its PMU will be responsible for finalizing final LARP after detailed design with support from resettlement consultants hired by Fichtner GmbH & C.KG. NENU will be capable for approval of adequate budgetary support for LARP implementation and will facilitate coordination with the concerned government line agencies on LAR activities as well as with independent valuation firms. NENU and its PMU will be responsible for finalizing/updating LARP, getting the government’s endorsement, approval of the LARPs from ADB and will ensure compliance regarding complete payment of compensation to APs before the start of civil construction.

10.9.1 Social Safeguards Specialists (SSS)

280. NENU has hired Fichtner GmbH & C.KG as Project Implementation Consultant (PIC) for the overall development of final LARPs. A Resettlement Expert (RE) of PIC will work closely with PMU’s Safeguards Specialist and the engineering team. RE will assist all necessary information to finalize LARPs for all sections based on the detailed design. The work for the RE will broadly be segregated in two parts such as developing final Due diligence reports and updating LARP based on detailed design, implementation of the LARP including preparation of monitoring reports.

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The RE will assist Safeguards Specialist of PMU in the overall supervision of the project and ensure that LAR activities are implemented in a smooth and timely manner by the provisions of the LARP. During the implementation of LARP, the consultants will ensure that affected persons/households will receive compensation at replacement cost prior to construction works, including ongoing rehabilitation measures.

10.10 Design Institute - “JSC Sredazenergosetproekt” (SAESP)

281. SAESP is one of the most significant Design and Survey Company in Uzbekistan as well as in Central Asia for designing high voltage transmission line projects. It has past experiences with previous transmission line designs of NENU. In this project, SAESP has been responsible for finalizing the detailed design. The role of the SAESP in this NWRTLP project includes design and control during the construction activity. 282. SAESP will collaborate and work closely with the PMU/Safeguard Team and has the following tasks:

(i) look for measures and alternatives to avoid and minimize the land acquisition and resettlement impacts during detail design;

(ii) assemble all documents required for compensation if any impacts determined during detail design;

(iii) carry out topographic surveys of the expropriated land and replacement lands, if any;

(iv) elaborate layouts indicating the location of worksites, permanent infrastructures and perimeter of required surfaces differentiating the land use patterns in the areas being occupied to serve as a base for the selection of compensation land;

(v) Conduct landmarking of the land allocated for the construction and identify the possible impacted AHs including their lands, structures, and dwellings.

10.11 Land Use Planning Institute UzDavYerLoyiha

283. This Design Institute is mainly responsible for land use designs in Uzbekistan. By the Resolution of Cabinet of Ministers #317, Uzdavyerloyiha is the authorized institution that develops documentation for land acquisition and land allocation and calculates agricultural losses due to permanent and temporary land acquisition. It is also responsible for identifying and verifying property boundaries and ownership for allocated land during the preparation of the Land Acquisition and Allocation Act (otvod zemli) or in common term Detailed Measurement Surveys. DMS should show in the documents the final list of AHs and their affected lands should be in detail presented through the maps. 284. It also prepares the Government Decree on Eminent Domain (Dalolatnoma in the Uzbek language) for affected lands. The Decree contains the agreement letters from affected households, the conclusions of the utility companies concerning the affected land’s status, reference letters regarding the legal status of the affected lands. EMD should reflect also the impacted assets and lands, and the amount of compensations to be paid to AHs. 285. In preparation of LARP for this section 1 a consultant based on the DMS prepared by Karakalpakstan and Khorezm branches of UzDavYerloyiha. These Institutes provided the list of affected households, inventory of losses and extent of land impacts.

10.12 District branch of State Committee on Land Resources, Geodesy, Cartography and State Cadaster (SCLRGCSC)

286. SCLRGCSC is a permanent committee with its Provincial and District level branches. However, it plays an enhanced role throughout implementation. It is responsible for:

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• identifying land losses incurred by land users plus agricultural output losses; • determining the degree and area of land restitution, including removal and

temporary storage of productive soil layer; • determining the need for protective sanitary and water protection zones around

constructions; • preparing proposals on the allocation of land plots of equal value under land for

land; • investigating alternatives to acquiring currently used land through developing

unused land; • approving the Implementation Act and the attached plan; • amending government edicts on land use and land ownership as well as other

cadaster documents.

10.13 District (Hokimyat) (Governorates) 287. District (Hokimyat) will be intimately involved in the LARP review and implementation which forms the Commission on Land Acquisition and District Evaluation Commissions. These will form district land acquisition and resettlement committee (DLARC) which will:

• issue Eminent Domain Decree (EDD) for affected lands • delegate the EDD to Regional Hokimiyat for final approval • notify APS on EDD and provide Maps of affected lands and properties • outline locations of constructions and structures affected by the project; • select land for the construction sites; • allocate new land plots for affected AHs • legalize the lands of non-titles land users • approve the decree for the right to use the land plot • forward the complaints of citizens and affected households to PMU.

10.14 Independent Valuation Companies 288. In this section 1 of the NWRTLP in total 2 Independent Valuation companies have been involved. Both companies are located and registered in the Karakalpakstan Republic. 289. The first company named “Biznes Baha Orayi” LLC has been hired by the AHs themselves and the company estimated the market price of the affected residential houses belonging to 2 AHs. The valuation company has been hired by the AHs and costs have been paid themselves as well. NENU will reimburse the costs of the valuation in frame of this LARP budget. 290. In order to identify the market value of the trees belonging to AHs, the Independent Valuation company “Karakakpak Garezsiz Bahalau” has been selected by the NENU. This selection has been consulted with the AHs and they were agreed. Therefore, the costs of the valuation have been paid by the NENU. No reimbursements are foreseen for the affected farmers for valuation costs.

10.15 Community-Based Organizations (CBOs) 291. Board of Farmers in Uzbekistan (BFU) and Makhalla leaders will be involved in land acquisition activities to ensure the rights and interests of affected households. Implementation of LARP will require close coordination with the local Makhalla representatives and the Board of Farmers. This coordination will help NENU in the following:

(i) Dissemination of LARP related information; (ii) Checking timely disbursement of compensation to AHs; (iii) Obtaining early warnings on the grievances of AHs; (iv) Verifying as to whether the vulnerable AHs were identified according to the

requirement laid down in this LARP; and

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(v) Collecting information regarding any unexpected impacts, if any, being incurred by the AHs.

(vi) forwards the complaints of citizens and affected households to PMU 292. The CBOs will ensure that vulnerable households be adequately supported by the national livelihood support program.

10.16 Training of PMU

293. NENU understands that in order to follow ADB’s Safeguards policies, there is a need for training of PMU staff. mainly responsible for land use designs in Uzbekistan. By the Resolution of Cabinet of Ministers #317, Uzdavyerloyiha is the authorized institution that develops documentation for land acquisition and land allocation and calculates agricultural losses due to permanent and temporary land acquisition. It is also responsible for identifying and verifying property boundaries and ownership for allocated land during the preparation of the Land Acquisition and Allocation Act (otvod zemli) or in common term Detailed Measurement Surveys. DMS should show in the documents the final list of AHs and their affected lands should be in detail presented through the maps.

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11. LARP IMPLEMENTATION

11.1 General

294. The implementation of this updated LARP for section 1 of NWRTLP will be scheduled after review and approval of the final LARP by ADB. All activities related to the land acquisition and resettlement will be planned to ensure that compensation is paid before taking possession of land and commencement of civil works. Public consultation, monitoring, and grievance redress will be undertaken intermittently throughout the project duration. Construction will be initiated when compensation is fully paid. The completion of LARP implementation will be documented through the LARP implementation compliance report (s) and approved by ADB.

11.2 LARP Implementation Stage

295. Upon the approval of final LARP, all the arrangements for fixing the compensation and the disbursement needs to be done which includes issuance of identity cards (IDs), payment of all eligible compensation and assistance; initiation of land development process; site preparation for delivering the site to contractors for construction and finally commencement of the civil works. Payment of compensation and allowances under the LARP will commence after some preparatory tasks have been completed, but before the civil works commence. These tasks are:

• Disclosure of LARP on the websites • Disbursement of compensation and assistance • Grievance resolution (if any) • LARP Compliance Report submission • Notice to proceed for civil works construction • Restoration of public land by the contractor • Monitoring

296. During implementation, the AHs will need to be informed about their rights and options, at which point they will have their say and discuss matters that need clarification. Cash compensation amount and land for land compensation will be presented to each eligible AHs for consideration and endorsement before cash payment. A grievance redress committee will be established throughout the project duration.

11.3 Procedures for Payment of Compensation

297. Compensation payments will be made before any project use of land, loss of assets or physical resettlement takes place unless those payments are staggered to enable affected people to begin preparation of new sites. The income/livelihood restoration activities may continue alongside project construction activities. The overall responsibility for payments of compensation for this Project is under NENU. The district Hokimiyats is responsible for the provision of land for land compensation. 298. DMS including the decision of Hokims and agreement letter from each affected household regarding land acquisition are already submitted for this section 1. Each AH will receive their compensation payable into a bank account opened by the affected household. Such sums will be transferred to the bank account of each AH(s), according to the banking documentation provided by them. The AHs will be individually informed by the bank upon the transfer of compensation into the account. The transfer of payment will be made after public disclosure among AHs.

299. In the event of an appeal in the Court, when no agreement is reached, if the compensation payable is not agreed upon between the NENU and the landowner, such compensation shall be determined by the Court. In these conditions, the person gets the money from the bank, but depending on the judicial decision he is entitled to receive an additional benefit.

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11.4 Implementation Schedule

300. The tentative schedule for the LARP implementation of the project is provided in Table 12.1. The schedule can be adjusted during the implementation.

Table 12.1: Implementation Schedule

LAR ACTIVITIES TIMING Responsibility

A. Detailed Design

Submission of Final LARP for ADB Approval

October 2019 Project Implementation Consultant and NENU

Disclosure of LARP on the website of NENU and ADB

October 2019 Project Implementation Consultant and NENU

B. LARP Implementation

Issuance of IDs to APs October - November 2019 NENU and Hokimyat

Consultation and GRM

Continuous

(throughout the construction period)

Project Implementation Consultant and NENU

Payment of compensation to APs October 2019 NENU

Payment of all eligible assistance October 2019 NENU

LARP Compliance Report October- November 2019 Project Implementation

Consultant and NENU

Notice to proceed for civil works construction

October – November 2019 ADB

C. Internal Monitoring by NENU

Quarterly reports being submitted to ADB

Continuous

(throughout the construction period)


LARP Compliance Report to be submitted upon completion of LARP implementation

Upon completion of LARP implementation or, while the LARPs implementation is in progress


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12. MONITORING AND REPORTING

301. While effective institutional arrangements can facilitate implementation, effective monitoring ensures that the course and pace of implementation continue as originally planned. Monitoring is important for ensuring that the LARP is effectively implemented, unforeseen impacts related to land acquisition activities can be identified and appropriate measures to address the same can be taken in a timely manner. 302. The implementation of LARP will be internally monitored by NENU. NENU has hired Fichtner GmbH & C.KG as Project Implementation Consultant (PIC) for monitoring and reporting of LARP implementation. Resettlement Expert of PIC will work closely with PMU’s Safeguards Specialist and the engineering team. 303. The monitoring process will be in close coordination with local Hokimiyat and CBOs. Internal monitoring will be carried out in parallel to project implementation and at different stages respectively. Through the monitoring process, NENU will ensure that:

(i) in case if any unanticipated social risks and impacts arise during construction, implementation or operation of the Project that was not considered in the LARP, promptly inform ADB of the occurrence of such risks or impacts, with a detailed description of the event and proposed corrective action plan; and

(ii) report any actual or potential breach of compliance with the measures and requirements set forth in the LARP promptly after becoming aware of the breach.

304. The indicators for internal monitoring will be subject related to immediate activities for LARP implementation and its outputs and results. This information will be collected directly from the field and from the District land resources and cadaster department. It will be used to assess the progress and results of LARP implementation, and to adjust the work program, if necessary. The quarterly reports will be incorporated into the standard supervision reports to ADB. Internal monitoring will continue until all construction works are completed and continuously reported by submitting semi-annual reports. These reports should be submitted to the NENU and ADB. The PMU will disclose relevant information from such reports to affected persons promptly upon submission to ADB. The specific monitoring milestones will be:

(i) Information disclosure to AH; (ii) Status of land acquisition and payments of compensation for land; (iii) Compensation for affected structures and other assets; (iv) Payments for loss of assets;

305. The Resettlement Expert will prepare the LARP compliance report to record whether the LARP has been implemented and all AHs have been compensated prior to the commencement of civil work. The Resettlement Expert will compile a full report with including extended detailed information on actual land acquisition and impact, listing affected households and compensation payments. Based on that full implementation report a Compliance Report will be submitted by NENU to ADB. 306. The Monitoring/Compliance report will be used by ADB and EA as a basis to issue a notice to proceed with civil work activities to the contractor for site preparation. The report will be published on the website of the NENU and ADB.

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Annex 1: Pictures from a census survey of affected residential households

Residential AH - Seyitov Rustam

Residential AH - Tursinbayev Olimjon

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Annex 2: Pictures from a census survey of affected agricultural farms

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Annex 3: List of consulted stakeholders

Stakeholder’s organization

Name and Position Discussed questions

State Unitary Enterprise, NENU

Karimov Bahriddin Head of Department

LARP implementation and allocation of the necessary budget for compensation for affected households

North West Main Power Network

Saparboyev Rufat Director

Construction works during the implementation. Unanticipated impacts during the implementation stage

Sredazenergosetproekt - SAESP

Alla Drobova Chief Design Engineer

Final Design and right of ways, safety zones of TLs discussed. Settlements are out of the safety zone are has been confirmed

Sredazenergosetproekt Asanov Remzi Head of Survey division

Location of towers as of final design and possible impacts within section 1 has been discussed

Taskhiatsh district Hokim Allambergenov Farxat Embergenovich

Legalization of non-titled households, allocation of a new residential land plot, Grievance Redress mechanisms

Taskhiatsh district deputy Hokim

Sabirov Zamir Eshbayevch

Legalization of non-titled households, allocation of new residential land plots, Grievance Redress mechanisms

Land Use Planning Institute-Uzdavyerloyiha Khorezm branch

Erejepeov Jenisbay Director

Detailed measurement surveys. Existing land users in section 1. Processing of land acquisition acts.

Takhiatash district Architectural Department

Mamaraimov Atabek Allocation of new residential land and exemption of fees. Allocation of equal size of land for land allocation to AHs.

Takhiatash district Council of Farmers and Peasants

Sherjanov Muratbay Inventory of affected trees and crops of farmers. Calculation of agricultural loss.

JSC Elektrtarmoqqurilish - Contractor for civil works

Alisher Hamrayev Chief Engineer

Construction cannot be started before compensations are fully paid to AHs. Any unanticipated impacts shall be restored. ESMP shall be followed during the construction work period.

94

Annex 4: Reference letter from Karakalspakstan Land Use Planning Institute regarding the land users of Takhiatash city

95

Continuation of Annex 4: A translated version of annex 8 into English

Official Name, address and contacts of Karakalpakstan Land Use Planning Institute - QRYERLOYIHA August 15, 2019, № 72-4/723-4

Information.

We inform you by this, as a reply letter to your letter N-77 on 22.02.2019 that the allocated land

within the corridor of Taskhiatash city lands is reserve lands. TL route of "Takhiatosh TPP –

Khorezm SS – Sarimoy SS 220 kW power transmission line” is passing 1000 meters in length

with a width of 15 meters. In the allocated land there are no affected land users.

Division director J. Erejepov

North-West Power Network Director of “R.Saparbayev

96

Annex 5: Decree of district Hokim on the provision of land acquisition

97

Annex 6: Decree of Takhiatash district Hokim regarding the provision of compensation and land for land compensation to affected residential house owners

98

Continuation of Annex 6

99

Annex 7: Pictures from public disclosure meeting

100

Annex 8: List of participants of public disclosure meeting

101

Annex 9: Grievance Redress Mechanism

Not addressed within

15 days

LEVEL-2

•Makhalla

committee

•Site Engineer of

KMPN

•Site office of

Contractor

• Tahiatash District

khokimiyat

Grievance

Addressed

AHs

Project

Management Unit

in Tashkent

Grievance

Addressed

Complaint handling team

within PMU

Not addressed

within 15 Days

Economic Court

People can approach the court of law at

time during the Grievance redress process

independent of GRM and the grievance

mechanism should not impede access to

the country’s judicial or administrative

remedies

LEVEL-1

102

Annex 10: The Logbook of GRM

Cover page:

THE LOGBOOK OF COMPLAINTS, SUGGESTIONS, AND GRATITUDE

N

Date

Th

e co

nte

nt

of

Gri

evan

ces

/Com

pla

int

/Su

gges

tion

s

/Gra

titu

de

Ap

pli

can

t

/Aggri

eved

Per

son

(Fu

ll N

am

e)

Con

tact

det

ail

s

Sig

natu

re/

Note

Acc

epte

d b

y

Continuation:

1) Answer orally / date

2) Replied in writing/date

3) Forwarded to another

authority (to be indicated) / date

4) Other action (to be indicated)

/ date

The short content of the status of

response and reimbursement

(1-satisfactory,

2-partially satisfactory,

3-unsatisfactory.)

1

2

3

For the implementation of Loan 3285-UZB: Northwest Region Transmission Line Project (NWRTLP)

Subproject Name (Section 1) _______________

Name Makhalla committee/ Contractor working office/Hokimiyat and PMU Tashkent office/:

District, Province:

Notice: The grievance book should sequentially be numbered and pages have been bound securely

103

Annex 11: Decree of District Hokim on payment of compensation for permanent land acquisition in 2015

104

Annex 12: DMS/IOL that calculated agricultural income loss for AHs for temporary land acquisition

105

Annex 13: Compensation for affected crops calculated by Karakalpakstan branch of Uzdavyerloyiha Land Use Planning Institute

106

Annex 14: Valuation report for affected trees of Abdryaim bogi Nayman farm

107

Annex 15: Valuation report for affected trees of Alisher farm

108

Annex 16: Valuation report for affected trees of Roza Bonu farm

109

Annex 17: Valuation report for affected residential structures

110

Annex 18: Valuation report for affected residential structures

111

Annex 19: Details of compensation to be paid for AHs

N AH Type of

household

Compensation, UZS Assistance for Total

Compensation to be paid

per AHs

Perma- nent land

acquisition

Temporary land

acquisition Crop loss

Tree loss Structures

severely AHs

transition period

Relocation valuation fee

1 Charos Zilola

Agr. farm Paid in 2015

179,370 1,485,000 1,664,370

2

Sanobar Saparbayeva


566,012 12,500,000 13,066,012

3 Alisher Agr. farm Paid in 2015 239,160 5,230,000 28,192,561 33,661,721

4 Röza Bonu


562,026 12,500,000 52,570,120 65,632,146

5

Abduraym Bog'i Nayman


59,790 9,680,000 27,900,754 37,640,544

6

Taxiatash Agro Expo


0,0 8,184,000 8,184,000

7 Ay Asil Qanat


366,712 5,049,000 5,415,712

8

Taxiatash Amudaryo Sohili


0,0 2,145,000 2,145,000

9

Taxiatash Agro Expo Nayman

Agr. farm

Paid in 2015

0,0 3,600,000

3,600,000

10

Tursunbayev Alimjon

Resident. household

Land for land

0 50,777,945

1,014,100 6,000,000 500,000

810,000 59,102,045

11

Seyitov Rustam

Resident. household

Land for land

0 85,466,900

1,014,100 6,000,000 500,000

810,000 93,791,000

TOTAL 1,973,070 60,373,000 108,663,435 136,244,845 2,028,200 12,000,000 1,000,000 1,620,000 323,902,550

112

Annex 20: Presentation from disclosure meeting

113

114

115

116

Annex 21: Location of allocated land for affected residential lands

Allocated land

for affected

residential lands

-

Boundary of

Takhiatash

town

117

Annex 21: Agreement letter on the selection of land plot by affected residential households

118

Annex 22: Letter indicating institutional reformation of Executing Agency and its branch Khorezm Main Power Network.

Documents

Loan 3285-UZB: Northwest Region Power Transmission Line