Upload
others
View
7
Download
0
Embed Size (px)
Citation preview
1
Millennium Challenge Corporation
USA
Millennium Challenge Account Moldova
Republic of Moldova
Service Contract PP2A1/THVAP/CS/QCBS/07
DDRAP - DETAILED DESIGN and RESETTLEMENT ACTION PLAN
with options for
RAP IMPLEMENTATION AND CONSTRUCTION SUPERVISION
for the
CENTRALIZED IRRIGATION SYSTEMS REHABILITATION ACTIVITY
SITE SPECIFIC RESETTLEMENT ACTION PLAN
CIS 14-2 CRIULENI
issue pre-
clearance comments approval
Dec 13, 2012
section type issue
8 R 5 Dec 13, 2012
Joint Venture
Agriconsulting Europe, BRL Ingénierie, SWS Consulting Engineering and HYDEA
2
TABLE OF CONTENT
LIST OF TABLES ...................................................................................................................... 3
LIST OF FIGURES .................................................................................................................... 4
LIST OF ANNEXES .................................................................................................................. 4
LIST OF ABBREVIATIONS ..................................................................................................... 5
1. PROJECT OVERVIEW .................................................................................................. 6
1.1. CISRA overview ...................................................................................................................... 6
1.2. CIS Criuleni project overview ................................................................................................ 6
2. POTENTIAL RESETTLEMENT IMPACTS .................................................................. 8
2.1. Project area of impact ........................................................................................................... 8
2.2. Mechanism to minimize resettlement .................................................................................. 8
2.3. Categories of resettlement impacts ...................................................................................... 9
3. RESETTLEMENT ACTION PLAN OBJECTIVES ........................................................ 9
4. CENSUS AND SOCIO-ECONOMIC SURVEY ............................................................. 9
4.1. Objectives .............................................................................................................................. 9
4.2. Methodologies and tools .................................................................................................... 10
4.3. Categories of PAPs............................................................................................................... 11
4.4. Basic characteristic of project affected persons ................................................................. 12
4.5. Affected agricultural plots ................................................................................................... 17
4.6. Mitigation of resettlement impacts .................................................................................... 20
4.7. Magnitude of expected losses............................................................................................. 21
5. LEGAL FRAMEWORK ............................................................................................... 21
5.1. Resettlement overview ....................................................................................................... 21
5.2. Legal framework for expropriation ..................................................................................... 22
5.3. Expropriation for public benefit scenario applicable to rehabilitation of CIS ..................... 24
Refer to Annex 7 which sets out the implications of land expropriation for purposes of current
project. ............................................................................................................................................ 24
5.4. Comparison between national legislation and WB OP 4.12 ............................................... 24
5.5. Real estate valuation process in Moldova .......................................................................... 25
5.6. Replacement cost ................................................................................................................ 25
5.7. Normative price of land ...................................................................................................... 25
6. INSTITUTIONAL FRAMEWORK ............................................................................... 26
6.1. Central governmental institutions ...................................................................................... 26
6.2. Local governmental institutions .......................................................................................... 27
6.3. Newly establishing committees .......................................................................................... 27
6.4. Private entities .................................................................................................................... 28
6.5. Roles and responsibilities .................................................................................................... 28
6.6. Approach for involving GoM authorities in RAP implementation ...................................... 31
3
7. COMPENSATION FRAMEWORK .............................................................................. 31
7.1. Eligibility and rights ............................................................................................................. 31
7.2. Cut-off date ......................................................................................................................... 31
7.3. Valuation of affected assets ................................................................................................ 31
7.4. Compensation for affected assets....................................................................................... 33
8. PUBLIC CONSULTATIONS AND PARTICIPATION ................................................ 34
8.1. Objectives of community involvement ............................................................................... 34
8.2. Project stakeholders ............................................................................................................ 35
8.3. Public consultation strategy ................................................................................................ 35
8.4. Public consultation process ................................................................................................. 36
8.5. Consultation of absentee PAPs ........................................................................................... 37
8.6. Agreements ......................................................................................................................... 37
9. GRIEVANCE MECHANISM ....................................................................................... 38
9.1. Establishment of grievance redress committees ................................................................ 38
9.2. Terms of grievance redress ................................................................................................. 38
9.3. Grievance redress capacity building.................................................................................... 38
9.4. Terms of grievance redress ................................................................................................. 39
10. IMPLEMENTATION SCHEDULE .............................................................................. 39
10.1. Implementation schedule ............................................................................................... 39
11. MONITORING RAP IMPLEMENTATION ................................................................. 42
11.1. Goal and specific objectives ............................................................................................ 42
11.2. Monitoring indicators ...................................................................................................... 42
11.3. Monitoring framework .................................................................................................... 43
11.4. Management and implementation plan ......................................................................... 45
LIST OF TABLES
Table 1. Share of land users disaggregated by farm size
Table 2. Break-down of the land areas by farm size
Table 3. Number of affected persons and land plots disaggregated by categories and location
Table 4. Number of affected individuals by expression of interest, membership and participation
in the project
Table 5. Number of affected plots, total area and affected area disaggregated by categories of
PAPs
Table 6. Number of affected plots, total and affected areas disaggregated by categories of
individuals
Table 7. Number of affected plots, their total and affected area
Table 8. Magnitude of expected loss
Table 9. Roles and responsibilities in RAP implementation
Table 10. Estimated affected area disaggregated by affected annual crop varieties
Table 11. Number of affected trees disaggregated by affected fruit tree varieties
4
Table 12. Breakdown of the compensation calculations for lost annual crops and loss of access to
land
Table 13. RAP implementation budget breakdown
Table 14. RAP implementation schedule
Table 15. Indicator table
Table 16. Internal monitoring framework
LIST OF FIGURES
Figure 1. Location scheme of CIS Criuleni
Figure 2. Land tenure structure
Figure 3. Cadastral structure of village Slobozia-Dusca
Figure 4. Fraction of time allocated for different types of activities
Figure 5. Average fraction of time allocated for different activities per affected family members
Figure 6. Distribution of affected individuals by source of information
Figure 7. Distribution of affected individuals by type of impact
Figure 8. Distribution of affected companies by source of information
Figure 9. Distribution of affected individuals by number of affected land plots
Figure 10. Distribution of plots by estimated affected area
Figure 11. Distribution of plots by estimated affected area
Figure 12. Distribution of plots by share of affected area
LIST OF ANNEXES
Annex 1. CIS Criuleni design drawings
Annex 2. Map of project area of impact
Annex 3. Census and socioeconomic survey questionnaires
Annex 4. Distribution of affected individuals by net income per family member per year
Annex 5. List of individuals and companies that refused to participate in the project
Annex 6. National legal framework which have a relevance to land acquisition and resettlement
Annex 7. Description of temporary land expropriation for public benefit scenario applicable to
CIS rehabilitation
Annex 8. Divergences between Moldovan Legislation and the World Bank Operational Policy
4.12 on involuntary resettlement
Annex 9. Measures to be taken to implement resettlement in compliance with the provisions of
WB Operational Policy 4.12
Annex 10. Entitlement matrix
Annex 11. Breakdown of calculations of plantation recovery costs
Annex 12. Breakdown of calculations of compensations for loss of perennial plantations
Annex 13. Breakdown of compensations by PAPs, land plots and lost crops
Annex 14. Measures to prevent unjustified claims from the affected persons during the RAP
implementation
Annex 15. RAP Informational leaflet
Annex 16. List of participants at the FGD meeting in CIS Criuleni
Annex 17. Focus Group Discussion agenda
Annex 18. Identification and compensation payment to the absentee PAP
Annex 19. Power of Attorney template
Annex 20. Template agreement between the PAPs and MCA
Annex 21. Instructions for RAP grievance redress mechanism
Annex 22. Grievance redress mechanism
Annex 23. RAP complexity areas
5
LIST OF ABBREVIATIONS
AM Agency "Apele Moldovei"
CIS Centralized Irrigation System
DCC District Coordination Committee on resettlement and land acquisition
FGD Focus Group Discussions
GRM Government of the Republic of Moldova
ISRA Irrigation Sector Reform Activity
LPA Local Public Administration
MCA Millennium Challenge Account
MDL Moldovan currency
NGO Nongovernmental organization
OP 4.12 Operational Policy 4.12 on involuntary resettlement
PAP Project affected person
RAP Resettlement Action Plan
RAPI Resettlement Action Plan Implementer
RLC Resettlement Local Committee
RPF Resettlement Policy Framework
SLC Secretary of Local Council
SRC Secretary of Rayon Council
TES Criuleni State Enterprise “Training Experimental Station Criuleni” under the
Ministry of Agriculture and Food Industry of the Republic of Moldova
THVA Transition to High Value Agriculture
ToR Terms of Reference
WB World Bank
6
Criuleni
Onițcani
Slobozia-Dușca
14-2 CIS Criuleni
r. Nistru
Localități / Cities_towns_villages
Hotarele administrative
Localizare / Location
Schema de localizare a CIS 14-2 Criuleni
Legendă / Legend
Location scheme of CIS 14-2 Criuleni
Chisinau
Cahul
Bender
Nistru
Nistr u
Balti
12-3 Cosnita
11-7 Lopatna
3-6 Grozesti
5-4 Leova Sud
14-13 Roscani
14-2 Criuleni
3-2 Blindesti
14-11 Puhaceni
11-6 Jora de Jos
6-9 Masivul Cahul
6-6 Chircani-Zirnesti
RO
MA
NI A
UC
RA
I NA
1. PROJECT OVERVIEW
1.1. CISRA overview
The Centralized Irrigation System Rehabilitation Activity (CISRA) is a component of the
Transition to High-Value Agriculture (THVA) Project, a Compact project financed by
Millennium Challenge Corporation (MCC) and implemented by Millennium Challenge Account
(MCA).
The main objective of CISRA is increase access to safe and reliable water supply by
rehabilitating up to 11 Centralized Irrigation Systems located on the Nistru and Prut Rivers. The
following CISs were selected for full rehabilitation: Group1 - Jora de Jos (11-6), Lopatna (11-
7), Criuleni (14-2); Group 2 - Blindesti (3-2), Grozesti (3-6); Group 3 - Cosnita (12-3),
Puhaceni (14-11), Roscani (14-13); Group 4 - Leova South (5-4), Chircani-Zirnesti (6-6), Cahul
Massif (6-9).
1.2. CIS Criuleni project overview
The main objective of the project is to increase access of land users within the command area of
CIS Criuleni to safe and reliable water supply by fully rehabilitating the irrigation system.
Full system rehabilitation will require the replacement of pumps and the repair of pumping
station buildings as well as installing new primary, secondary and tertiary distribution networks.
Although the whole rehabilitation process may last up to two years, the installation of new
pipelines would be completed within a year.
CIS characteristics
CIS Criuleni is located in the central-eastern part of the Republic of Moldova (in the district of
Criuleni). The total command area of the system is 677 ha, out of which 330 ha are within the
administrative area of town of Criuleni, and 347 ha within Slobozia-Dusca village. The CIS
Criuleni command area and location are shown below in Figure 1.
Figure 1. Location scheme of CIS Criuleni
The system was completed in 1985
and has not been rehabilitated since.
The pipeline network is in bad
condition. Most of the irrigated area
served by NSP-1 is no longer in
working condition due the
disappearance of key parts and
structures like hydrants and
distribution network The intended des
igned irrigation method was sprinkler
irrigation using laterals type Sigma,
DD-30 and Dnepr. The on-farm
watering system for NSP-2 was the
side-move sprinkler system pulled by
a tractor; water was suctioned by an
auxiliary pressurizing pump attached
to the lateral. The system water source
is the Nistru River.
The system includes three pump
stations: NSP 1, NSP 2 (A and B) and NS 3. The total length of newly installed pipes is about
7
32,5 km, including 1.5 km of mains, some 9 km of secondary pipes and about 22 km of tertiary
pipes. Pipes diameter ranges between 150 mm and 800 mm; they are made of steel reinforced by
concrete, concrete-encased steel, and asbestos-cement. The system involves also 447 hydrants,
54 manholes, 104 air release valves and about 98 washouts. A set of drawings showing the
proposed technical design of the new network is presented in Annex 1.
Project beneficiaries
The rehabilitation of CIS 14-2 Criuleni will benefit some 506 land users1 who cultivate
agricultural plots located in the CIS command area and who will be provided with a managed,
predictable supply benefit from irrigation water. Such beneficiaries will include land owners,
renters and leasers. About 44% of the land plots are cultivated by the land owners while 56% of
land plots are cultivated on rental basis. For almost a half of the rented land plots official legal
documentation for the rental agreement is not available; with verbal agreements to rent from
relatives being common. The figure 2 shows structure of land use rights in the area of concern.
Figure 2. Land tenure structure
Within the CIS command area, the vast majority of land users (about 84%) has very small plots
and cultivate less than 1 ha. The share of medium and large land users (with plot area more than
10 ha) is about 1.8%. The share of land users disaggregated by farm size is provided in Table 1
Table 1. Share of land users disaggregated by farm size
<=1 ha 1.01-5 ha 5.01-10 ha 10.01-50 ha >50 ha TOTAL
83.6% 13.6% 1% 1.6% 0.2% 100 %
The situation is different in relation to farm size. Holdings of more that 10 ha account for almost
a half (49.1%) of the CIS command area, while holdings of less than 1 ha account for a quarter
(25.4) of command area (See Table 2 below.)
Table 2. Break-down of the land areas by farm size
<=1 ha 1.01-5 ha 5.01-10 ha 10.01-50 ha >50 ha TOTAL
25,4% 20,4% 5,2% 32,2% 16,9% 100 %
1 Irrigation Sector Reform Activity: Deliverable no 5- Expression of interest, Land users inventory, August 2011
8
Since in August 2011 the number of land owners in the CIS command area was more than 14002,
the pool of potential beneficiaries may increase over time
Project positive impacts
The rehabilitation of CIS Criuleni will have sustainable positive sustainable impacts on crop
production and incomes. Along with the ISRA component responsible for WUA establishment
and strengthening and CIS management transfer, the rehabilitation of CIS Criuleni will result in
increased access of land users to a predictable and reliable irrigation water will lead to increased
crop productivity and quality and/or adoption of HVA crops that in turn will result in increased
sales, agricultural incomes and agricultural employment. Thus along with other Compact
Program components, CISRA will contribute to poverty reduction in Moldova, especially in
rural areas.
2. POTENTIAL RESETTLEMENT IMPACTS
2.1. Project area of impact
Given the fact that the whole distribution network is located (buried) on private agricultural
plots, rehabilitation works will negatively affect those land users who cultivate crops in the
project area of impact. Based on technical requirements for carrying out of construction works
and project ToR provisions there were established a 20 m width easement the primary, secondary
and tertiary pipelines. In case where the established easement is not sufficient to ensure free
access of workers and machinery to the construction site, easement area will be enlarged to the
extent necessary to ensure sufficient access.
The area of impact was established with use of GIS tools and available spatial information (aerial
images, cadastral plans, maps of irrigation infrastructure, topographic survey, etc.)3. In addition,
field visits were undertaken to make an inventory of all affected land plots along the pipeline.
The map showing the project area of impact is presented in Annex 23.
2.2. Mechanism to minimize resettlement
A mechanism to minimize resettlement cases and impacts was established to be in line with the
main objective of the WB OP 4.12. In envisaged exploration of all possible alternatives of
project design, including pipeline replacement alongside the roads and land plots by the
designers and RAP experts. It has been applied especially for affected land plots cultivated by
PAPs who disagree to participate in the project as well as to the affected perennial plantations
which represent the greatest expected loss produced by the rehabilitation works.
The mechanism envisaged several steps as follows:
1. Preparation of the draft design of CIS (with new pipe alignment that was changed with 3
and 5 meters away from the old one);
2. Determination the area of impact and identification of affected land plots (by applying
established easement parameters required for construction works);
3. Preliminary identification of affected crops by means of PAP census;
4. Verification, inventory and valuation of identified affected crops (by conducting site
visits);
5. Preparation of the digital map showing the crop pattern within the area of impact and
location of affected land plots cultivated by PAPs who disagree to participate in the
project;
6. Visual analysis of the map and exploration of all possible alternatives of project design;
2 Irrigation Sector Reform Activity: Deliverable no 5- Expression of interest, Land users inventory, August 2011
3 Field visits were made for valuation of multiannual plantations and other affected assets
9
7. Verification, inventory and valuation of new affected land plots and cultivated crops in
case project design alternatives were found;
8. Analysis and comparison between project design alternatives and selecting the one that
minimizes resettlement to the greatest extent.
2.3. Categories of resettlement impacts
The rehabilitation of CIS Criuleni will generate the following short-term negative socio-
economic impacts:
1. Loss of annual crops
2. Loss of perennial plantations
3. Temporary loss of access to land on unused land plots
Loss of annual crops and perennial plantations as well as temporary loss of access to unused land
plots are the major impacts generated by CIS rehabilitation. Therefore, the project will give rise
to temporary economic displacement of the affected land users manifested in temporary loss of
income flows or means of livelihood because of obstructed access to the land under construction
works.
CIS rehabilitation will most likely not affect agricultural labor seasonally employed by the
affected commercial and state-owned companies due to the following reasons:
1. the share of current anticipated affected area of impact is minor in relation to the total farm
area located within (and outside) the command area that may result in insignificant changes
in the demand for seasonal labor;
2. once the construction works and RAP implementation will be carried out in phases (by
sector and at different points of time), the allocation of human resources could be
temporarily changed by redirecting the labor force to other non-affected land plots;
3. the construction contractor will be looking to hire unskilled labor for numerous positions.
MCA-Moldova will ask that local labor be given a priority in filling those positions.
3. RESETTLEMENT ACTION PLAN OBJECTIVES
The overall objective of the RAP is sustainable restoration or enhancement of affected persons’
pre-project income level and living standards in conformity with objectives of the World Bank
Policy OP 4.12 and best international practices regarding involuntary resettlement.
The specific objective of RAP is to avoid involuntary resettlement where feasible, or minimize it
exploring all variable alternative project designs. In pursuance of this object, the RAP will:
(i) Identify resettlement impacts, their magnitude and project affected persons;
(ii) Outline measures to mitigate various losses caused by land acquisition and resettlement.
4. CENSUS AND SOCIO-ECONOMIC SURVEY
4.1. Objectives
Being a key stage in RAP preparation, PAPs census and socio-economic survey had the
following objectives:
1. Enumerate and register PAPs and make a preliminary inventory of the affected assets,
2. Identify categories of impacts and the magnitude of expected losses,
10
3. Identify basic socio-economic characteristics of PAPs
4. Establish a baseline for monitoring and evaluation.
4.2. Methodologies and tools
Population
The PAPs included in the of census and socio-economic survey are users (individuals and legal
entities) of agricultural land plots situated in the resettlement area of impact. Users of affected
plots were identified with use of: (i) updated database (of December 2011) of the agricultural
land plots owners (including long term renters) and cadastral plans in the CIS Criuleni command
area; (ii) inventory of land users conducted by ISRA team ( in August 2011); (iii) orto-photo
map and map of the irrigation system infrastructure (pump stations, pipes, hydrants, manhole,
etc.); (iv) consulting local cadastral engineers during field visits; (v) interviews with PAPs.
The database developed by ISRA was used to identify users of affected plots. Although
information on land users collected by ISRA consultants was based on in-depth knowledge of
local situation, its utility was limited because of use of out-of-dated cadastral information.
Because of this, updated information on ownership was purchased at the State Enterprise
Cadastre. However, that was still insufficient to accurately identify all affected land users. Lack
of cadastral information on some land plots, unregistered ownership rights, inaccurate cadastral
maps and geodesic errors were the main issues limiting accurate identification of affected land
users. For example, about 54 land plots located in the Nistru River floodplain in Slobozia-Dusca
village and those located in Onitcani village were distributed after finalization of the land
privatization program. Ownership titles for these land plots were not registered and issued due
to the lack of financial resources.
The issues of unregistered ownership rights were solved by field visits to identify affected land
users with the help of local cadastral engineer. The Project Affected Persons have been
identified in the field and the ownership rights registration does not represent an impediment to
calculate and provide appropriate compensations to PAPs.
In cases when cadastral plans did not correspond to actual location of the land plots shown on
ortho-photo (because of technical problems), land plots were adjusted in accordance with the
orto-photo maps to minimize the errors when determining the impact area and the potential
affected persons.
Figure 3 below illustrates the problems related to cadastral structure described above. Scattered,
not geo-referenced cadastral structures in Slobozia-Dusca village made it more difficult to
identify affected land users and land plots.
Figure 3. Cadastral structure of village Slobozia-Dusca (obtained from www.geoportal.md)
11
The list of PAPs was updated by field enumerators during the census and socio-economic survey
carried out in 2012.
Questionnaires
For the census and socio-economic survey four questionnaires were used. Two questionnaires
were developed for the census (one for individuals and the other one for legal entities) and two
questionnaires for socio-economic survey (one for individuals and the other one for legal
entities). Questionnaires are presented in Annex 3.
Interviews
The PAPs were interviewed individually and interviews took place in the mayoralty, PAP’s
houses or enumerator’s houses. The duration of the interview for census differed from those for
socio-economic survey. For the census, average duration of the interview varied from 15 minutes
to 1 hour; with average duration of 40 minutes, (depending on the number of respondent’s
affected land plots). For the socio-economic survey, average duration of interview was more
than one and half hours and had a very low response rate.
Enumerators were selected from those persons who were experienced in conducting of such kind
of surveys and who were well informed about current state of the agricultural land plots in CIS
Criuleni command area. These persons were regional and local consultants of the Rural
Extension Service, cadastral engineers, teachers, etc. All enumerators were provided training
prior to conducting of census and socio-economic survey, and were monitored and supervised
during survey implementation..
Data processing and storage
Collected data were processed in parallel with PAPs interviewing and a database on project
affected persons was created in Microsoft Access 2010. The database includes tables for data
storage, forms for data processing and queries for data manipulation.
4.3. Categories of PAPs
The census and socio-economic surveys were designed to collect data on the following main
categories of affected persons: (i) individuals, (ii) commercial companies, (iii) public entities.
The results of the survey have revealed that more than 206 individuals, commercial companies
and public entities will be affected by the loss of either annual crops, perennial plantations and
access to land as a result of CIS 14-2 Criuleni rehabilitation.
Table 3. Number of affected persons and land plots disaggregated by categories and location
12
Place of residence/ope
ration Status
Individuals
Plots Compa
nies Plots
Public entities
Plots Total
affected persons
Total affected
plots
Criuleni
Interviewed 18 31 10 73 0 0 28 104
Absent 8 21 0 0 0 0 8 21
Total 26 52 10 73 0 0 36 125
Slobozia
Dusca
Interviewed 152 317 4 248 1 1 157 566
Absent 12 46 1 1 0 0 13 47
Total 164 363 5 249 1 1 170 613
Onitcani
Interviewed 0 0 0 0 0 0 0 0
Absent N/A 18 0 0 0 0 0 18
Total 0 18 0 0 0 0 0 18
Total
Interviewed 170 348 14 321 1 1 185 670
Absent 20 85 1 1 0 0 21 86
Total 190 433 15 322 1 1 206 756
Twenty affected persons (20 individuals and 1 company) could not be found and interviewed
during the census. In addition, the land users/land owners cultivating about 54 affected land plots
could not be identified due to lack of information in the cadaster registry and limited time.
Therefore, the information provided below does not include data on absentees/unidentified
PAPs. They will be identified, contacted and interviewed at the beginning of RAP
implementation.
Some categories of PAPs are disaggregated by sub-categories, including gender for affected
individuals and legal form for commercial companies. The total number of affected interviewed
individuals is 170, out of which 70% were men and 30 % - women. The total number of
interviewed affected companies was 14; half of them were peasant farms and half - limited
liability companies.
4.4. Basic characteristic of project affected persons
4.4.1. Affected individuals
Social information
The rehabilitation works of CIS Criuleni will affect 170 individuals. The age of individuals
varies from 29 to 90 years with a mean age of 56 years. The age of almost half of affected
individuals ranges between 51 and 60 years old, while the age of one-fifth of them ranges
between 41 and 50 years. Individuals with age of more than 61 years account for one-third of the
total number of affected individuals.
The vast majority of the affected individuals (more than three-quarters) are married while one-
fifth of them are widowed. In this regard, there is a significant difference between men and
women. The number of widows is equal to the number of married women.
Among the affected individuals, 4 women are chronically ill and/or disabled.
One hundred and seventy affected households comprise 411 persons. Almost half of the affected
individuals have families consisting of 2 members, followed by the families with 3 and 1
member. There are 7 affected persons who have large families consisting of 5 or 6 members.
A little more than a quarter of affected households are taking care of 79 young persons aging up
to 25 years inclusively. The majority of families have one young person to care of, followed by
13
families with two young persons. Altogether, in the project impact area, there are 6 families with
3 and 4 young persons.
There are 194 women in the affected households. About three-quarters of the affected
households have one female member and one-fifth of families have at least two women.
The total number of persons aged more than 61 years old under the care of affected households is
81 persons. Majority of affected households don’t have such persons as members. More than
20% of the affected households have one such member while the rest of households take care of
two people aging more than 61 years old.
In addition, 7 affected households are taking care of one disabled or chronically ill person.
Economic information
Household work and paid employment consume on average 32% and 22% of the total amount of
time respectively. Agriculture is one of the main occupations of the affected individuals, who
spend on average about 25% of their time for that purpose. Non-agricultural activities,
employment abroad, care of children and other activities consume less than 10% of time each.
The fraction of time allocated for different types of activities of affected individuals are
presented in Figure 4.
Figure 4. Fraction of time allocated for different types of activities
Although the fraction of time allocated for agricultural activities varies from 0% to 80%, the vast
majority of affected individuals spend less than 20% of their total time on this activity. For 16%
of affected individuals, agriculture is the most important occupation consuming 41-80% of their
time.
At the household level, agriculture is an important activity which consumes on average 19% of
total time of the household members. Other important activities, such as household work, paid
employment, school and kindergarten consume on average 32%, 18% and 11% respectively.
Other activities consume less than 10% each. The average fraction of time allocated for different
activities per affected family members is shown in Figure 5 below.
Although the fraction of time allocated for agricultural activity varies from 0% to 65%, in almost
half of affected households, agriculture consumes on average 1-15% of total time. For one-third
of the affected families, agriculture consumes 16-30% of total time of its members; while for
20% affected households agriculture is the most important item and consumes between 31-65%
of total time.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Total Men Women
Agriculture Non-agriculture Salarised job Job abroad
Household work Care of children Study/kindergarten Other activities
14
Figure 5. Average fraction of time allocated for different activities per affected family members
The average time spent by family members of the affected individuals on paid employment is
roughly equivalent to time spent for agricultural activity. However, only half of affected
households have a member in full time or part time employment. Part of these families spend
about 16-30% of time on paid employment while for more than a half of the total the time
involved ranges between 31% and 70%.
The absolute majority of affected individuals and their families live below the poverty line. In
2011, the poverty line threshold was 1500 MDL per person per month. With a few exceptions,
low net income was declared by all women. The distribution of affected individuals by net
income per family member per year is presented in Annex 4.
Project related information
Almost all affected individuals (about 98%) are aware of the proposed irrigation system
rehabilitation. They have learned of this from awareness campaigns conducted by ISRA in 2011
and DDRAP in 2012. Almost half of informed individuals has received information about
irrigation system rehabilitation from the project (DDRAP representatives), while most were also
aware about the project through television broadcasts and/or from neighbors. Distribution of
affected individuals by source of information is shown in Figure 6.
Figure 6. Distribution of affected individuals by source of information
0% 20% 40% 60% 80% 100%
Total
Men
Women
Agriculture Non-agriculture Salarized job Job abroad
Household work Care of children Study/kindergarten Other activities
0
50
100
150
200
250
Total Men Women
Other
Neighbours
Radio
Newspaper
TV
Project
15
In 2012, two-thirds (67%) of affected individuals have expressed their interest in establishing
Water Users Associations within and with support from ISRA and almost 59% of PAPs became
members of newly registered Water Users Associations later in 2012. Although some individuals
did not show much interest in irrigation water supply and establishing WUA, the vast majority of
affected households have agreed to participate in the project by granting the right to carry out
construction/ rehabilitation works on their land plots, as reflected in Table 6 below. The list of
affected individuals who refused to participate in the project is presented in Annex 5.
Table 6. Number of affected individuals by expression of interest, membership and participation
in the project
Affected individuals Expression of
interest
WUA
member
Participation
in project
Total affected individuals 114 67,1% 100 58,8% 159 93,5%
Men 86 72,3% 78 65,5% 112 94,1%
Women 28 55% 22 43% 47 92%
About 90% of affected individuals have declared that they were aware of compensation to be
provided under the project to minimize the economic displacement impact, with the vast
majority preferring cash compensation for loss of income.
Most affected individuals have expressed an opinion on the potential effects of irrigation system
rehabilitation. They overwhelmingly state that increased crop production and greater incomes are
the main positive impacts of rehabilitation. Increased job opportunities and animal production
are considered as potential positive impacts by 11% and 9% respectively. Distribution of
affected individuals by type of impact is shown in Figure 7.
Figure 7. Distribution of affected individuals by type of impact
4.4.2. Affected commercial companies
There are 14 affected commercial companies, of which 7 are peasant farms and 7 are limited
companies mainly headed by men (93%). Peasant farms are normally owned by one person,
while limited liability companies are owned by more than one people. Therefore, total number of
the affected peasant farms’ and company owners is 22. The registration certificates are available
at all companies.
More than one-third of affected companies (36%) have an annual turnover of less than 100
thousand lei and these are all peasant farms. In almost a third (29%) of companies annual
turnover ranges between 100-200 thousand lei and a half of these are limited liability enterprises.
The remaining companies have annual turnovers of more than 300 thousand lei.
0 20 40 60 80 100 120 140 160 180 200
Increased crop production
Increased animal production
Increased incomes
Increased employment opportunities
Increased environmental polution
Reduced access to institutions
Women Men Total
16
All affected companies operate solely to produce crops. With one exception, these companies
sell their crops within Moldova and in 2011 the companies hired a total of 61 seasonal workers.
Almost all affected companies (except one peasant farm) expressed their interest in establishing
Water Users Associations and all these companies became members of WUAs registered in early
2012. Furthermore, with the exception of one limited liability company, all affected businesses
have agreed to participate in the project by granting the right to carry out construction/
rehabilitation works on their land. The list of affected company that refused to participate in the
project is presented in Annex 5.
There is a high interest toward rehabilitation of irrigation systems among companies and they all
show sufficient awareness of this. 86% of affected businesses indicate that the most important
information sources are the project (DDRAP representative) and neighbors. Other two important
sources are TV and radio. The distribution of affected companies by source of information is
shown in Figure 8 below.
Figure 8. Distribution of affected companies by source of information
All affected companies believe that the rehabilitation of the irrigation system will increase
income levels. Increased crop production and better job opportunities are considered as potential
positive effects of rehabilitation by 86% and 79% of affected companies respectively.
4.4.3. Affected public entities
Rehabilitation of the irrigation system will also affect agricultural plots cultivated by a public
entity, namely, the TES Criuleni. This is a state enterprise subordinated to the Ministry of
Agriculture and Food Industry and which is primarily involved in growing of fruit and vegetable
crops for both educational purposes and for sale.
This station employs 30 workers (28 men and 2 women) with an average monthly salary of 2,500
lei.
The director of the Agricultural Station has been informed about the rehabilitation of the
irrigation system by the project (DDRAP representative). Although he did not express an interest
in establishing a WUA and has not become a member of a WUA, the director has agreed to
participate in the project by allowing construction works on the enterprise’s land. Being aware of
the compensation package, the director preferred cash to cover loss of income to minimize the
impact of rehabilitation works on cultivated annual crops.
0 2 4 6 8 10 12 14
Project
TV
Newspaper
Radio
Neigbours
Total Limited liability companies Peasant farms
17
4.5. Affected agricultural plots
The rehabilitation of irrigation systems 14-2 Criuleni will require an easement of about 43 ha
affecting 742 land plots with a total area of around 455 ha. The information on affected plots
disaggregated by PAPs’ categories is shown in the Table 8 below.
Table 8. Number of affected plots, total area and affected area disaggregated by categories of
PAPs.
Place of
residence/operation Status
Affected
persons
Affected
plots
Total plots
area, ha
Total
affected
area, ha
Individuals
Interviewed 170 348 135,1866 15,8285
Absent 20 85 42,4346 5,9305
Total 190 433 177,6212 21,759
Companies
Interviewed 14 321 198,1776 17,7133
Absent 1 1 19,1798 0,0979
Total 15 322 217,3574 17,8112
Public entities
Interviewed 1 1 37,7275 3,8818
Absent 0 0 0 0
Total 1 1 37,7275 3,8818
Total
Interviewed 185 670 371,0917 37,4236
Absent 21 86 61,6144 6,0284
Total 206 756 432,7061 43,4520
The information about affected land plots provided below doesn’t include the affected plots
cultivated by affected persons who were not found/identified and interviewed during the census.
4.5.1. Affected individuals
More than half of affected plots are cultivated by individuals. Each person has on average 2
affected plots. The total affected area represents more than 15 ha, as indicated in the table below.
Table 9. Number of affected plots, total and affected areas disaggregated by categories of
individuals
Affected individuals Affected
persons
Affected
plots
Total plots
area, ha
Total affected
area, ha
Men 119 229 92,1935 11,3789
Women 51 119 42,9931 4,4496
Total 170 348 135,1866 15,8285
Some 98% of affected plots are cultivated by individuals as owners and legal proof of land use is
available for some 95% of plots.
Most PAPs have only one plot affected. A fifth (20%) of individuals have two plots affected;
while most remaining respondents (20%) have up to 8 plots affected.. The distribution of
affected individuals by number of affected plots is presented in Figure 10 below.
Figure 10. Distribution of affected individuals by number of affected land plots
18
The total area of affected land plots is about 135 ha; with almost a half of them have a total area
ranging between 0.2001 – 0.4000 ha. The area of 31% of plots ranges between 0.0001-0.2000 ha.
The remaining affected plots have an area more than 0.4 ha.
The total estimated affected area of land plots is more than 15 ha; with the exact area depending
on location of pipes, hydrants, manholes and valves. Almost 90% of plots situated in the area of
impact will have an affected area of less than one hectare. About 10% of plots have an affected
area ranging between 0.1001-0.3000 ha. Three land plots have an affected area more than 0,3 ha
and the distribution of plots by estimated affected area is shown in Figure 11.
Figure 11. Distribution of plots by estimated affected area
Subject to location of land plots and irrigation infrastructure, the plots within the impact area will
be affected to different extents. The majority of plots (85%) will be affected to a minor extent,
with less than 20% of area affected. Twenty six plots will have between over 81% of their area
affected; with a further seven plots being completely affected by the project.
4.5.2. Affected companies
Rehabilitation of irrigation system will affect 321 plots cultivated by the commercial companies.
On average, each company has 23 affected plots. Total estimated affected area slightly exceeds
17 ha. Number of affected plots, their total and affected area is shown in Table 10.
Table 10. Number of affected plots, their total and affected area
0%
20%
40%
60%
80%
100%
Total Men Women
1 2 3 4 5+
80%
85%
90%
95%
100%
Total Men Women
0,0001 - 0,1000 ha 0,1001 - 0,2000 ha 0,2001 - 0,3000 ha
0,3001 - 0,4000 ha 0,4001 - 0,5000 ha 0,5001 - 0,6000 ha
19
Affected companies Affected
persons
Affected
plots
Total plots
area, ha
Total affected
area, ha
Peasant farms 7 14 18,1953 1,4823
Limited liability com 7 307 179,9823 16,231
Total 14 321 198,1776 17,7133
Majority of affected plots (79%) are being cultivated on the basis of ownership right; although
legal documentation is available for less than 40% of plots.
Some companies will be more affected than others. Over one-fifth (21%) of companies will have
only a single plot affected, with a further 14% of companies will have 2 plots affected. Seven per
cent of companies will have 3 and 4 plots affected plots; while a half of companies will have 6 or
more plots affected.
The total area of affected plots is almost 200 ha averaging 0,6 ha per land plot; which is
significantly larger than the average area per plot cultivated by affected individuals. Majority of
affected plots (83%) have an area less than 1 ha, with 13% of plots range between 1and 2 ha.
Subject to location of plots and irrigation infrastructure, the plots within the impact area will be
affected to a different extent. About 84% of plots will lose 0.1 ha or less, while less than 10% of
plots have an affected area ranging between 0.1 and 0.2 ha. The rest of plots (15 units) will have
affected areas ranging between 0.2 and 0.5 ha. Distribution of plots by estimated affected area is
shown in Figure 13.
Figure 13. Distribution of plots by estimated affected area
The absolute majority of plots within the area of impact (about 87%) will not be significantly
affected and will temporarily lose less than a fifth (20%) of their total area. A further 10% of
plots will have 21-40% of their area affected. Thirteen plots will be affected to a greater extent
with more than 41% of the area affected and 3 plots will be 100% affected. Distribution of plots
by share of affected area is shown in Figure 14.
Figure 14. Distribution of plots by share of affected area
0%
20%
40%
60%
80%
100%
Peasant farms Limited liability companies Total
0,0001 - 1,0000 ha 0,1001 - 0,2000 ha 0,2001 - 0,3000 ha
0,3001 - 0,4000 ha 0,4001 - 0,5000 ha
20
4.5.3. Affected public entities
Rehabilitation of the irrigation system will affect 1 plot with a total area of about 37 ha cultivated
by the TES Criuleni. The construction works will require almost 4 ha of land which represents
about 10% of the total plots area.
4.6. Mitigation of resettlement impacts
4.6.1. Basic principles
A compensation package was prepared to address the resettlement impacts resulting from
irrigation system rehabilitation and to ensure that affected persons’ pre-project income level and
living standards would be restored. In developing this compensation package, the following
principles were followed:
1. The project affected persons were informed and consulted about the compensation types
and methodologies used in calculating the compensation rates;
2. The compensation rates were calculated based on provisions of the WB OP 4.12, local
legislation and established guidelines with the use of data obtained from governmental
sources and existing relevant information materials;
3. The compensation rates cover full replacement costs of affected assets and are sufficient
to restore or increase affected persons’ income level and standard of living after
temporary land acquisition.
These principles may apply to state-owned companies as well. However, the precise conditions
of temporary withdrawal of given land plot for construction purpose would be established as a
result of government to government negotiations.
4.6.2. Types of mitigation measures
Two types of mitigation measures were developed in response to the identified resettlement
impacts, as follows:
1. Cash compensation for lost annual crops and temporary withdrawal/loss of access to land
on unused plots;
2. Cash compensation for lost perennial plantations, including recovery costs.
4.6.3. Implementation of mitigation measures
Cash compensation will be paid directly to eligible PAPs by bank transfer. MCA will select the
bank and will provide instructions related to payment details for each affected person at the
75%
80%
85%
90%
95%
100%
Peasant farms Limited liability companies Total
0-20% 21-40% 41-60% 61-80% 81-100%
21
beginning of RAP implementation. The affected persons will contact the bank office in order to
get their compensation which will be paid only after the nominated beneficiaries present their ID.
Recipients will be required to sign compensation receipt upon receiving payment.
To increase the transparency of compensation payments, the RAP implementer will provide the
project affected persons with advance notice of the time, place and method of payment through
information meetings and through public announcements placed at mayor offices, WUA offices
and other appropriate public places. This action will also increase transparency of compensation
payments that would prevent gender inequality.
In case of TES Criuleni, the agreement reached by the governments will provide instructions
regarding payment of compensations, if any.
4.7. Magnitude of expected losses
The rehabilitation works within CIS Criuleni will require an easement of slightly more than 43
ha of agricultural land, thus causing loss of annual crops and perennial plantations cultivated by
the affected persons. In terms of expected loss, the most affected are commercial companies. In
terms of impact type, loss of perennial plantations constitutes the greatest damage among the
existing resettlement impacts. The magnitude of expected loss is presented in the Table 11
below.
Table 11. Magnitude of expected loss
Nr. Affected
persons
Nr.
affected
persons
Loss of annual
crops and access
to land, MD lei
Loss of perennial
plantations, MD
Lei
Total, MD Lei
1 Individuals 190 37435,30 102228,00 139663,30
2 Companies 15 28888,20 502872,00 531760,20
3 Public entities 1 6750,11 0,00 6750,11
Total 205 73073,61 605100,00 678173,61
5. LEGAL FRAMEWORK
5.1. Resettlement overview
Moldovan legislation doesn’t make explicit references to resettlement issues. However, there are
legal provisions relevant for RAP development and these address expropriation of land or
property for the public interest. Moldova has a legal framework that establishes the expropriation
as a legal operation by which the property and the property rights of private property are forcedly
transferred into the public property, in order to carry out the public utility works for national or
local interest, with fair compensation. The expropriation procedures are governed by the Law on
Expropriation for Public Benefit, No. 488-XIV adopted on July 8, 1999 and detailed by the
Government Decision No. 660 of 15 June 2006.
The main Moldovan laws and regulations pertaining to land acquisition and resettlement are:
1. Constitution of the Republic of Moldova (adopted on July 29, 1994);
2. Civil Code No. 1107-XV of June 6, 2002;
3. Land Code No. 828-XII of December 25, 1991;
4. Water Code No. 1532-XII of June 22, 1993;
5. Family Code No. 1316 of October 26, 2000;
6. Law On expropriation for public benefit No. 488-XIV of July 8, 1999;
22
7. Law On normative price and order of purchase and sale of land No. 1308-XIII of July
25, 1997;
8. Law On public administration No. 436-XVI of December 28, 2006;
A full list of national laws and regulations which have relevance to land acquisition and
resettlement are provided in the Annex 6.
5.2. Legal framework for expropriation
The legal framework for the expropriation of the private property is provided by the law On
expropriation for public benefit, No. 488-XIV adopted on July 8, 1999. Particularly, the law
stipulates that activities towards soil erosion reduction, construction and rehabilitation of
irrigation and drainage systems are the works for public benefit which may require expropriation
procedure. The objects of expropriation for local interest can be:
• Real estate objects: land plots, basements, water tanks, forests, buildings,
constructions and other objects related to land, whose commutation is impossible or
has irreparable consequences, so, that they cannot be used for designed purpose.
• The right to use the real estate objects for a period of up to 5 years, unless the parties
agree on another term.
Overview of the expropriation procedure
Expropriation can be carried out only after an act declaring the public utility. This act, among
other things, will determine the state representative of the expropriation procedure. In
accordance with the current Moldovan laws, the expropriation process is based essentially on the
interaction between the state representative of the expropriation procedure and an expropriation
Committee created in order to protect the interests of the affected owners. If the state
representative and the affected owner cannot reach an agreement, the procedure will be
submitted to the competent courts.
Public utility
The public utility may be established for objectives of national, local or common interest and can
be declared:
• for works of national interest - by the Parliament;
• for works of local interest of one administrative unit - by Local Council;
• for works of common interest of several rayons and/or municipalities - by their councils,
and in case of disagreements - by the Government;
• for works of common interest of several towns and/or villages within a rayon - by the
councils of these cities and/or villages, and in case of disagreement - by the District
Council.
The public utility declaration can be made only after a preliminary study and only if all the
necessary conditions for expropriation are provided by law.
The study preceding declaring of public benefit of national interest will be carried out by
committees established by Government. The members of these committees are: representative of
the central public administration unit which is legally responsible for supervision of activities
declared as public benefit works, representatives of the Ministry of Environment, Ministry of
Finance, Ministry of Economy as well as Chairman of the Rayonal Council and mayor of the
locality under whose jurisdiction the public benefit works will take place.
In case of public benefit of local or regional interest, preliminary study will be carried out by the
committees established by the administrative-territorial units’ Councils. These committees will
consist of representatives of local public authority which is legally responsible for governance of
activities declared as public benefit works as well as representatives of Local Public
23
Administration who are responsible for finance and local budget management and
representatives of Rayonal Councils.
The purpose of preliminary study is to justify the need to declare activities as work of public
benefit of national or local interest. The results of the study shall be recorded in the minutes
which have to be submitted to entities. whose representatives were members of the committee.
Expropriation on a mutually agreed basis
Expropriation on a mutually agreed basis necessitates the following:
• Inventory of all properties to be expropriated, including both land and buildings;
• Declaration of public utility of common interest;
• Informing the population through announcements placed in the Local Council office and
published in the Official Monitor of the Republic of Moldova;
• Expropriation proposal submission within 10 days after publication of the act declaring
the public utility, which will include notification to individuals and legal entities holding
legal rights on the object of expropriation, compensation offer, the transfer of assets and
property rights methodology;
• In case of disagreements regarding the compensation offer or other issues, the
owners/users of expropriation objects will submit a grievance no later than 45 days after
their notification.
Grievance procedures will last 30 days after recording the claims. District Coordination
Committee on resettlement and land acquisition established on the basis of the Rayonal
Council’s Decision will be involved in the grievance procedure.This Committee will consist of:
• 3 specialists in running public utility works; they will elect directly or by secret vote, the
president of which will manage the work of the committee;
• 3 owners of real estate goods chosen by lot or by vote of the majority of the real estate
owners from the municipality, city or village where the expropriation objects are located.
The role of the District Coordination Committee on resettlement and land acquisition is
described under the institutional framework.
If the compensation offer is accepted by the affected person, a mutual agreement will be signed
and notarized with legal costs being covered by the expropriator.
Expropriation: court proceedings
If the parties fail to reach an agreement on expropriation as stipulated by the law, expropriation
for public benefit can be made only on the basis of judicial decision with precursory equitable
compensation.
In case where amount of compensation is contested, the court will establish the expert committee
whose meetings may be attended by representatives of expropriating entity and expropriated
person or entity. When calculating the compensation offer, the expert committee and the court
will take into account the current market price of the real estate goods and the rights to use them
applicable in the respective area. The damages to owner or to holders of the other real rights
should be also considered; then these are proved with evidences.
In cases of land expropriation, the compensation offer shall not be less than the normative price
established by law. Fees and transaction registration costs of expropriation cases should be
covered by the expropriator in accordance with the national legislation in force.
Conclusion of the expropriation procedure
Compensation payment will be made on the basis of agreement between the parties. In the
absence of agreement, the court will decide on the most appropriate method to make payment on
24
the expropriated person’s bank account, the payment period being no more than 30 days after the
court’s decision.
5.3. Expropriation for public benefit scenario applicable to
rehabilitation of CIS
Refer to Annex 7 which sets out the implications of land expropriation for purposes of current
project.
5.4. Comparison between national legislation and WB OP 4.12
The coincidence between the Moldovan legislation and the World Bank Operational Policy on
involuntary resettlement OP4.12. is limited. WB OP 4.12 aims to avoid involuntary resettlement
as far as possible, or to minimize its negative social and economic impacts. Specifically, OP 4.12
stipulates that all projects should avoid or minimize involuntary resettlement, but in cases when
people lose their homes or livelihoods as a result of the project implementation, their standard of
living should be a least restored to pre-project levels; if not improved. OP 4.12 encourages public
participation in resettlement planning and implementation. The key economic objective of OP
4.12 is to assist affected persons in their efforts to improve or at least to recover their incomes
and their life standards after the resettlement implementation. The WB OP 4.12 foresees that
prior to the project proposals assessment; the debtors should prepare appropriate resettlement
planning instruments.
Some of the main principles of the WB OP 4.12 are provided partially met in the national
legislation and these are the following:
• The preliminary compensation payment is compulsory in cases when land and property
rights are acquired forcedly;
• The compensation offer should correspond to the market price or should be compensated
by a building or land plot with the same size and value;
• Other damages, such as temporary or permanent loss of crops or production assets,
should be compensated ;
• Grievances should be examined and solved.
However, the WB OP 4.12 is more explicit as compared to Moldovan legislation regarding such
issues as:
• resettlement planning and procedural requirements;
• public hearings and local participation in the project affected areas;
• types of compensation offered and, if necessary, other assistance to affected persons;
• compensation payment to all categories of affected persons;
• property assessment of eligible persons;
• incomes recovery;
• compensation for informal users of the property or the property rights;
• compensation for informal businesses;
• protection of vulnerable groups (poor and landless persons, women, elderly, minorities
etc.)
More details on divergences between the current Moldovan Legislation and WB OP 4.12
provisions are presented in the Annex 8, and the measures to fill these gaps are presented in
Annex 8.
25
5.5. Real estate valuation process in Moldova
In the Republic of Moldova three methods are used for determining the value of goods4:
1. Expenses method is based upon estimation of the market value of the valuation object
including all expenses necessary for its creation up to current state or recovery its
consumption qualities;
2. Sales comparative analysis method: involves the estimation of the market value of the
economic good based on the comparative analysis of similar goods recently sold and the
sale prices adjustments to consider differences between these goods and valuation object;
3. Incomes method is based upon analyzing the information on incomes and expenses
related to the valuation object; it allows to determine the price of affected asset on the
basis of net operational income which can be generated by this asset in future.
The conditions and the means for applying these methods of valuation are established by the
Government of the Republic of Moldova5. The valuation of real estate has to be carried out by
the companies which are licensed according to the national legislation.6
5.6. Replacement cost
Moldovan legislation has no reference to the term “replacement cost” but it uses the term
“construction cost” in relation to all costs linked to the construction of object. According to par. 19
of the Provisional Regulations on the assessment of real estate, the “construction cost” is being
determined based on the estimate norms and provisions of other normative documents.
The “replacement cost” is defined in the WB OP 4.12 as market value of a good, calculated as the
sum of all costs necessary for the replacement of this good in its current state, plus the cost of
any registration and transfer taxes. While determining the replacement cost, amortization of the
asset and value of salvage materials are not taken into account. The “replacement cost” is
determined as follows:
For agricultural land, it is pre-project or pre-displacement, whichever is higher, market value of
land of equal productive potential or use located in proximity of the affected land, plus the cost of
preparing the land to levels similar to those of the affected land, plus the cost of any
registration and transfer taxes.
• For land in urban areas, it is pre-displacement market value of land of equal size and use,
with similar or improved public infrastructure facilities and services located in proximity
of the affected land, plus the cost of any registration and transfer taxes.
• For houses and other structures, it is a market cost of materials needed to build a
replacement structure with size and quality similar to or better than those of the
affected structure, or to repair a partially affected structure, plus cost of transportation
of building materials to the construction site and cost of any labor and contractors' fees.
The costs of any registration and transfer taxes are also paid and the values of benefits to
be derived from the project are included in assessment of an affected asset.
5.7. Normative price of land
The normative price of land is a measure of estimation of the land value equivalent to its natural and
economic potential expressed in national currency and it determined according to the Law regarding
to the Normative Price and the Land Sale-Purchase Process from 25.07.1997.
4 art.6 of the law On appraisal activity No. 989 of 18.04.2022
5 The provisions for assessment of real estate are described in the Provisional Regulations on the assessment of real estate
(approved by Government Decision No. 958 of August 4, 2003) 6 Issued in conformity with provisions of the law On licensing of certain types of activities No. 451-XV of July 30, 2001
26
The tariffs for calculating the normative price of land are established for a conventional unit8
(degree-hectare), on the basis of the cadastral indices (quantitative and qualitative) listed in the
Annex to the above mentioned law, and are indexed based on the inflation rate by the Parliament, at
the Government proposal.
The normative price for the agricultural land plots, household plots and orchard plots is calculated
based on the plot area, soil fertility expressed in degrees and the tariffs indicated in the Annex to the
law On normative price and order of purchase and sale of land. If there were not effectuated
additional soil studies, the degree of the soil fertility is to be considered as the average degree of the
soil fertility of the administrative unit.
The normative price for the land plots designed for industrial objectives, transport, constructions or
other purposes than agriculture is calculated based on the country average soil fertility degree. The
formula used for land plots valuation is the following:
V = A x B x T, where:
A – Land plot area expressed in hectares;
B – Average soil quality (points) in the locality, or, if the owner requests, soil quality
established for the particular land plot;
T- Tariffs for calculating the normative price of land (for a unit degree-hectare) in MDL per
Position II of the Annex to the law On normative price and order of purchase and sale of land
(1997).
6. INSTITUTIONAL FRAMEWORK
To achieve specific goals and implement certain activities linked to resettlement, the following
institutions will be involved in the RAP implementation at different stages:
6.1. Central governmental institutions
1. Millennium Challenge Account (MCA) is a public entity established by the
Government of the Republic of Moldova through the Government Decision no.161 of
04.03.2010 to ensure efficient implementation of the Compact Agreement and
associated investment and technical assistance projects.
2. Agency “Apele Moldovei” (AM) created by the Government Decision No.1056 from
15.09.2008, is legally responsible for the implementation of state policies regarding
water resources management, water supply and sanitation. Its activities are under the
Ministry of Environment. The agency “Apele Moldovei” is the owner and operator of
the centralized irrigation systems.
After rehabilitation works are completed, based on as-build drawings AM, will develop
the electronic and paper graphical layers for the Pipeline Protection Area of Impact to
be provided to Local Councils and Mayors’ Offices.
3. Ministry of Agriculture and Food Industry (MAFI) established by the Government
Decision No. 793 of 02.12.2009 is responsible for development and implementation of
national agricultural policy, promotion of sustainable agricultural development as well
as for country’s food security.
4. National Bureau of Statistics (NBS) established by the Government Decision No.
1049 of 06.10.2005 subordinates to the Government and is the central public authority
responsible for keeping and proceedings of statistical data at the national and local
levels..
27
5. State Enterprise “Cadastru” (SEC) subordinates to the Agency for Land Relations
and Cadastre. It and its territorial branches have the following responsibilities: (i) to
obtain, systematize and keep the cadastral information; (ii) to perform the methodical
administration and control regarding the preservation of the cadastral documentation;
(iii) to organize the furnishing of the cadastral information, set up data structures and
the way of furnishing; (iv) to hold and administrate the cadastral data; (v) to ensure
the systematized cadastral information to the public administration authorities, legal
entities, as well as to individuals; (vi) to carry out services in the cadastral sphere and
real estate evaluation.
6.2. Local governmental institutions
Moldovan legislation allows the decentralization of the decision making process by applying
such legal concepts as “local autonomy”, “public services decentralization” and “public
consultations on problems of local interest”. There are two levels of local governmental
institutions: district level (rayon administration) and local level (town or village administration).
In this respect, the following local governmental institutions pertain to RAP implementation:
1. Rayon Councils (RC) including Chairmen of Rayon Councils (RP) (Secretaries of
Rayon Councils (SRC) and Rayon Agricultural and Food Departments (RAFD) are
responsible for the local implementation of the agricultural policies developed by the
Ministry of Agriculture and the local public authorities). Rayon Councils are the
authorities responsible for district autonomy as decision making bodies, with the Rayon
President (elected by the members of Rayon Councils) as executive body. Also, Rayon
Councils may establish public utility status for certain construction works that are of
public interest within their administrative area.
2. Local Councils (LC) including Secretaries of Local Councils SLC and Mayors.
Local Councils are the authorities responsible for local autonomy as deliberative bodies
while Mayor as executive body. Also, Local Councils may establish public utility status
of certain construction works within their administrative area based on existence of
elements justifying the public interest at local level.
Local Councils and Mayors’ Offices will establish special urbanism zones in the CIS area
through their urbanism and land use planning documentation according to the Law no.
163 on construction works authorization as of 09.07.2010 and Law no. 835 on urbanism
and land use planning principles as of 17.05.1996. Constructions in CIS area will be
allowed only if they do not affect or are placed in the Pipeline Protection Area of Impact
of the pipelines in the rehabilitated CIS. The Pipeline Protection Area of Impact will be
provided by Agency “Apele Moldovei” (AM) on electronic and paper graphical layers.
6.3. Newly establishing committees
For the purpose of RAP implementation and according to the Moldovan legislation, the RAPI
will support the establishment of resettlement committees at district and local levels, as follows:
1. The District Coordination Committee (DCC) on resettlement and land acquisition will be created in Criuleni district. DCC will coordinate resettlement activities at district
level including surveys (census and socio-economic survey), PAP consultations and
grievance redress. The creation of the DCC will be initiated by the RAPI and approved
by the District Council Decision in accordance with the Expropriation for Public Utility
Law No. 488-XIV from 08.07.1999.
28
2. The Local Resettlement Committees (LRC): Two committees in charge of redressing
resettlement grievances will be created by the Local Council Decisions – one in village
Slobozia Dusca and another in town of Criuleni.
6.4. Private entities
For the purpose of RAP implementation and according to the Moldovan legislation, the
following private entities will be involved in RAP implementation, as follows:
1. RAPI is the private company hired by MCA to implement RAP;
2. Public notaries will be responsible for authentication of the real estate acquisition
contracts, authentication of Power of Attorney, issuance of the ownership title, rent
certificate, heir certificate or other documents necessary for the resettlement activities.
3. Lawyers licensed per provisions of the law On licensing of certain types of activities to
represent the interests of different dispute parties in the court.
4. Evaluation Companies licensed per provisions of the law On licensing of certain types
of activities to evaluate the assets;
5. Non-governmental organizations (Water Users Associations, Farmers Associations
and other) will facilitate PAPs’ participation at the consultation meetings and represent
the interest of its members.
6.5. Roles and responsibilities
Identified institutions and organizations will have specific roles and responsibilities in
implementation of RAP activities according to their mandate. The actions to be conducted by
each of these institutions and the implementation timeframe are presented in the Table 12 below.
29
Table 12. Roles and responsibilities in RAP implementation
Nr.
Actions Description Responsible institution
Timeframe
1 Monitor and supervise RAP
implementation; make
compensation payments.
Supervise the implementation of RAP activities Monitor the efficiency of RAP implementation Make the compensation payments through bank transfer
MCA During RAP
implementation
2 Receive temporarily
expropriated land plots Receive from RC temporarily expropriated land plots as the owner of CIS and
beneficiary of rehabilitation works AM
When land plots are
temporarily expropriated
3 Provide statistical data Provide statistical data on country average yields of different crops that are used in
calculations of expected loss MAFI
When new affected crops
are identified
4 Provide statistical data Provide statistical data on market prices of various crops to be used for calculation
of compensation rates NBS
When new affected crops
are identified
5 Provide cadastral data Provide digital cadastral plans and ownership database SEC When additional affected
land plots are identified
6 Establish and participate in
the resettlement committees
at local level
Establish the resettlement committees through decisions;
Receive and keep evidence of PAP complaints;
Chair the meetings and delegate members (cadastral engineer) to participate in the
meetings
LC, SLC,
Mayor Beginning second month
of RAP implementation
7
Carry out preliminary
research for determining the
public utility status of
construction works
Determine the elements justifying public utility status of rehabilitation works; Prepare minutes of the meeting documenting the elements justifying public utility
status of rehabilitation works LC
Beginning second month
of RAP implementation
8 Establish and participate in
resettlement committees at
district level
Establish the resettlement committees through decisions;
Receive and keep evidence of PAP complaints;
Chair meetings and delegate members (resettlement specialists from RAFD) to
participate in the meetings .
RC, RP, SRC,
RAFD Beginning second month
of RAP implementation
9 Establish public utility status
for construction works
Prepare and approve the act establishing public utility status of construction works Inform public about this decision Publish the decision in Official Monitor
RC Beginning second month
of RAP implementation
10 Redress grievance at district
level
Facilitate communication between all parties involved in the resettlement activities;
Receive complaints and intimations from the SRC;
Carry out grievance redress in cases when PAP complaints cannot be solved at local
level;
Carry out preliminary research of the expropriation objects and to justify the public
DCC Beginning second month
of RAP implementation
30
utility works for local interest;
Decide upon the possibility of declaring activities as public utility works;
Determine the environmental, socio-economic or other pre-requisites for public
utility works and including them into territorial planning and urban plans approved
by laws;
Examine the expropriation proposals and PAP complaints;
Take fair decisions regarding the compensation offer to the PAP.
11 Grievance redress at local
level
Support affected persons in the field of resettlement, compensation types and rates,
eligibility criteria, etc;
Receive complaints from the SLC;
Examine complaints submitted by affected persons;
Take decisions on complaints received;
Transmit the minutes to SLC.
LRC Beginning second month
of RAP implementation
12 Implement RAP Continuous RAP implementation and monitoring (for more details see chapter 10) RAPI Throughout RAP
implementation
13 Authorize the Power of
Attorney
Authorize the Power of Attorney given by absentee PAPs to designated persons to
sign the agreement and grant permission to carry out construction works on PAPs
land plots Public notaries
When PAPs are absent.
14 Represent Project interests
in the court Represent the project's interest in the court when the PAPs complaints are not
resolved by resettlement committees. Lawyers
When PAPs complaints
are not redressed by
resettlement committees
and reach the competent
court
15 Valuation of affected assets Value affected assets according to Moldovan legislation Evaluation
company When newly affected
assets are identified
16 Participate in the
resettlement committees Participate in the resettlement committees and represent the interests of
members/PAPs NGOs
(WUAs, etc) Throughout RAP
implementation
31
6.6. Approach for involving GoM authorities in RAP implementation
With the support of MCA, RAPI will take the lead in involving relevant governmental
authorities in RAP implementation. To this end, RAPI will ensure a proper visibility and
increase awareness of decision-makers within relevant governmental institutions regarding RAP
implementation activities.
In the first month of RAP implementation, RAPI will organize a launching conference for
decision-makers within relevant governmental institutions to present the specific RAP
objectives, major activities envisaged, roles and responsibilities of each governmental institution
and the expected results of RAP implementation. The launching of RAP implementation will
also be reflected in national and local mass-media.
RAPI will also ensure that the representatives of involved government institutions are fully
informed about the progress and accomplishments in implementing RAP activities by regular
submitting of RAP implementation progress reports.
7. COMPENSATION FRAMEWORK
7.1. Eligibility and rights
The criteria by which the affected persons will be considered eligible for compensations were
established and disclosed to public through consultations with PAPs and other stakeholders. The
entitlement matrix provides detailed information on eligibility criteria that have to be fulfilled by
different categories of PAPs in order to receive various types of compensation types appropriate
to the mature of the loss. The entitlement matrix is presented in Annex 10.
7.2. Cut-off date
The cut-off date for RAP Criuleni was established as February 29, 2012.
7.3. Valuation of affected assets
7.3.1. Valuation methodology
The valuation process was conducted in three stages: (i) preliminary identification of affected
assets, (ii) inventory of affected assets and (iii) valuation of affected assets. A preliminary
identification of the affected assets was made during the PAP census and socioeconomic survey.
Following the census, the valuation experts carried out a number of field visits to conduct an
inventory of preliminary identified affected assets. Additional field visits were undertaken to
make an inventory of those affected assets that census could not identify; the owned/used by
PAPs that could not be found and interviewed. The inventory of the affected assets focused on
the followings: the full name of the asset; the purpose of the asset; the cadastral code; the number
of manufacturing and some technical features of the asset operating.
The inventory of the land plots was based on the documents certifying right of use and location
schemes. The inventory of land plots took into account the nature of the agricultural work in
progress: autumn plowing, autumn sowing, multiannual sowing, greenhouses preparation etc.
The inventory of the nurseries took into account the planting material (seeds, seedlings), the age
of plants, the purpose of plants etc. The inventory of the perennial plantations took into account
the plantation age, the physical condition of the plantation, the number of cuttings or trees
located in the project area of impact.
The results of inventory provide the basis for determining the value of affected assets and
compensation levels. During the valuation process, a combination of expenses method and
income method was used to determine the value of affected assets.
32
7.3.2. Results of the inventory of affected assets
The results of the inventory of affected assets revealed that the rehabilitation of CIS Criuleni will
affect agricultural land plots cultivated with annual crops and perennial plantations. There are
also about 10 plots with an affected area of 0,4860 ha that are in fallow (unused plots).
Maize is the most affected annual crop and this accounts for 54% of the total affected area,
followed by sunflower (16%), potatoes (2%), onion (2%) and other annual crops. Estimated
affected area disaggregated by affected annual crop varieties is shown in Table 13.
Table 13. Estimated affected area disaggregated by affected annual crop varieties
Nr. Crop name Estimated affected
area, ha
1 Potatoes 1,3482
2 Onion 1,031
3 Cabbage 0,177
4 Sun flower 6,8083
5 Wheat 0,4307
6 Water melon 0,2838
7 Corn 22,6645
8 Sweet corn 1,1541
9 Tomatoes 0,2535
10 Pepper 0,4944
11 Carrot 0,1397
12 Other annual crops 6,7514
13 Unused plots 0,486
Total 42.0226
Mostly affected perennial plantations are apple orchards which account for some 41% of the
total number of affected trees, followed by Thuja plantations (30%), and other perennial crop
varieties as presented in Table14 below.
Table 14. Number of affected trees disaggregated by affected fruit tree varieties
Nr. Perennial crop Number of affected
trees/bushes
1 Apple 552
3 Berries 8
4 Walnut 36
5 Peach 8
6 Plum 36
7 Thuja 480
8 Table grapes 5
9 Alfalfa N/A
Total 1125
33
7.4. Compensation for affected assets
7.4.1. Compensations for loss of annual crops and loss of access to land
The determination of compensation for loss of annual crops and loss of access to land was made
according to Moldovan law.7 The loss of agricultural incomes caused by temporary economic
resettlement of the cultivated or uncultivated land plots was calculated at the rate of 2% per year
of the normative price of the rented land plot. The formula applied to the normative price is
presented below:
V = A x B x T, where
A – Land plot area (ha);
B – Soil fertility average locality, or, if the owner requests, soil fertility established for the
particular land plot;
T- Tariffs for calculating the normative price of land (g/ha) in MDL in accordance with the Position
II from Annex to the law nr.1308 On normative price and order of purchase and sale of land
Table 15 below shows the calculations made to determine the compensations for lost annual
crops and loss of access to land plots.
Table 15. Breakdown of the compensation for lost annual crops and loss of access to land.
Nr. Crop name
Estimated
affected area,
ha
Average
soil
fertility,
points
Tariff,
g/ha
Rental
per
year, %
Compensation,
Lei
1 Potatoes 1,3482 70 1242,08 0,02 2344,40
2 Onion 1,031 70 1242,08 0,02 1792,82
3 Cabbage 0,177 70 1242,08 0,02 307,79
4 Sun flower 6,8083 70 1242,08 0,02 11839,03
5 Wheat 0,4307 70 1242,08 0,02 748,95
6 Water melon 0,2838 70 1242,08 0,02 493,50
7 Corn 22,6645 70 1242,08 0,02 39411,57
8 Sweet corn 1,1541 70 1242,08 0,02 2006,88
9 Tomatoes 0,2535 70 1242,08 0,02 440,81
10 Pepper 0,4944 70 1242,08 0,02 859,72
11 Carrot 0,1397 70 1242,08 0,02 242,93
12 Other annual
crops 6,7514 70 1242,08 0,02 11740,09
13 Unused plots 0,486 70 1242,08 0,02 845,11
Total 42,0226 73073,61
Breakdown of total compensation for loss of annual crops and access to land by affected persons
is presented in the Annex 13.
7.4.2. Compensations for loss of perennial crops
Compensation for the loss of perennial plantations was calculated at the total replacement cost.
Compensation includes the value of the lost harvest, plantation recovery costs, and loss of
income during the recovery period per provisions of the national legislation and WB Operational
Policy 4.12. Therefore, the calculation of the compensation for the affected orchards has
7 art. 17(2) of the law On tenancy in agriculture no. 198 of 15.05.2003
34
considered the direct and indirect costs related to soil preparation, plantation establishment until
the plantations recovers its former state and the loss of harvests until the plantation starts to fruit.
The volume of the capital investments for establishing orchards and vineyards until the fruitful
period (plantation recovery costs), as well as the information on market prices and average
harvest per 1 ha were established on the basis of surveys carried out by the valuation expert and
studies made by ACSA8. Detailed calculations of the plantation recovery costs are presented in
Annex11.
Calculations for loss of perennial crops were based on the replacement cost. These were made
according to the following formula:
Tc= Pm x Pr x Ac x Nc x 80% + Rc x Nc, where
Tc – Total compensation (Lei)
Pm – Average yield (kg/tree)
Pr – Average wholesale price (lei/kg)
Ac – Years needed to recover the lost harvest (years)
Rc – Recovery costs (lei/tree)
Nc – Number of affected trees
The total amount of compensations for loss of perennial plantations is around 605 thousands Lei.
The breakdown of calculations made to determine compensation for lost perennial plantations is
presented in Annex 12.
Breakdown of total compensation for loss of perennial plantations by affected persons is
presented in the Annex 13.
8. PUBLIC CONSULTATIONS AND PARTICIPATION
8.1. Objectives of community involvement
The rehabilitation of the CIS will raise agricultural productivity and incomes; thereby benefiting
both individuals and the whole community, in general. However, some areas of land will be
affected during the construction phase and will be temporarily unusable for agricultural
production. Farmers could potentially lose earnings related to crop production from areas along
the easements required for pipe-laying and other rehabilitation interventions to the irrigation
system network. One of the main RAP objectives is to minimize these negative impacts.
World Bank OP 4.12 stipulates that any displaced persons and their communities should be
provided with timely and relevant information and be consulted on resettlement options. The
communities and project affected persons should be also offered opportunities to participate in
planning, implementing and monitoring of resettlement.
The primary objectives to involve communities and to consult with the PAPs are to:
• Develop constructive public opinion that will lead to the execution of a fair and
participatory project;
• Promote an environment for the participation and decision making of the communities in
solving their own problems;
• Encourage a participatory process of all entities involved in the project’s development;
• Develop a community participation and consultation plan for the future implementation
of a final Resettlement Action Plan for the THVA project.
8 Business in fruit production. Practical guidelines. ACSA, 2010. Business in grape production, ACSA, 2009.
35
• Encourage PAPs to be open-minded and to share information about the land tenure
and to make known their concerns and grievances.
8.2. Project stakeholders
The information campaign and public consultations focused on various groups of stakeholders.
Stakeholders were those who have an interest in the project development, and who will be
involved in the further consultative process. The main groups of stakeholders are:
Project Affected Persons (PAP)
There are 217 affected persons, from which 199 were contacted directly by the project team and
ACSA local consultants, as well as during the WUA meetings.
Water Users Association (WUA)
WUA meetings are the main source of information; the sector representatives and the WUA
President being the most credible sources of information. That is why the communication with
PAP was accomplished through WUA representatives.
Local Public Authorities (LPA)
Mayoralties are directly linked to the project, as they have a major influence on RAP
implementation. Therefore, public consultation meetings were attended by the mayor, Local
Council secretary, cadastral engineer and other representatives of LPA. The cadastral engineer
was also involved in the PAP identification process. The participants at the consultation
meetings discussed measures to be undertaken by local authorities for preventing unjustified
grievance regarding compensation offered during the RAP implementation. These minutes are
presented in the Annex 20.
Key Community personnel
For a better knowledge of the current situation in CIS Criuleni and a better RAP development,
public consultation process involved representatives of different social categories such as: social
workers, medical assistants, teachers, pensioners etc. Even if they have limited influence over the
project outcome, they are project opinion-makers, who will directly or indirectly benefit of the
project activities.
8.3. Public consultation strategy
A consultation strategy was developed and implemented during the RAP preparation process.
The consultation strategy was designed to: (i) inform PAPs on the potential adverse impacts of
CIS rehabilitation activities; (ii) inform PAPs on the resettlement action planning to mitigate the
adverse impacts; (iii) provide opportunities for people to voice their concerns and participate in
the resettlement planning process.
The strategy was designed to consult individuals and WUA members in an open and honest way,
using the following principles as a guide:
• Communications should be relevant to the circumstances of PAPs and should address
their specific concerns;
• The project team should use a variety of different methods to relay information including
direct communication, public events, press releases and announcements;
• The project team should make sure that information is available in a variety of formats –
to ensure that it reaches or is accessible to all sections of the project area.
36
8.4. Public consultation process
Effective resettlement planning requires regular consultations with a large number of
stakeholders, including project affected persons and those who play a significant role in RAP
development and implementation.
8.4.1. Public consultations
The consultation process focused on information dissemination, determining the number of
resettlement cases, improving the consultation strategy and finally fulfilling public expectations
concerning the impact and benefits of the project. Further, the consultation meetings served as a
platform for obtaining agreement of WUAs on cut-off date for the beginning of the census and
socio-economic survey.
These objectives were achieved through the information dissemination campaign which was
conducted through:
• Announcements on the City Hall billboards and other popular public places;
• Direct meetings with PAPs in CIS command areas facilitated by WUAs, and
• Focus Group Discussions.
Meetings were carried out prior to the commencement of the Census and Socio-economic Survey
with the aim of increasing PAP awareness of RAP preparation. During the field surveys, a
number of community meetings, discussions and interviews were conducted with households
and commercial entities, including WUA members.
Individuals or groups who were not present at the time of registration but who have legitimate
claims will be entitled to receive compensation if they can substantiate that they already had
usufruct rights before the cut-off date.
8.4.2. Summary of expressed views
WUA members, PAPs, LPA representatives, local formal and informal leaders and social
institute representatives were informed about both the RAP objectives and the Census and Socio-
Economic Survey objectives. In addition, information leaflets and announcements regarding to
the cut-off date were distributed to PAPs and posted on the City Hall billboard (see Annex 15).
In order to identify and evaluate people’s perceptions and expectations on RAP development and
implementation, a full day Focus Group Discussions meeting (FGD) was organized by the
project team. Ten persons were present at the FGD meeting and these were selected to represent
different segments of society and included social service workers, farmers, local public
authorities, pensioners (see Annex 16). Gender representation was ensured through 30% of the
participants being women.
All the participants were informed in advance about the FGD objectives and topics to be
discussed. The FGD agenda is presented in Annex 17.
Because the irrigation system is still being partially used, the biggest fear related to the project
implementation expressed by the participants is that the existing irrigation will be withdrawn
during the construction works.
Living standards in the localities form CIS Criuleni are higher than the national average and
agriculture provide some 70% of local income. This is mostly derived from vegetable growing,
greenhouses and nurseries and the cessation of irrigation during construction will significantly
affect local incomes.
37
High water fees coupled with increasing taxes represent a major cost for users of the irrigation
system. The participants mentioned that introducing subsidies for agriculture is a state measure
that will reduce the burdens of farmers.
According to the participants at the FGD meeting, RAP implementation will facilitate the
beginning of the irrigation system rehabilitation works and consequently living standards will be
improved. Incomes will increase due to the introduction of high value agriculture, prices of land
will rise and the migration of local population will be reduced. At present, the most important
concern of the entire community is the rehabilitation of the irrigation system. After that, a local
agricultural market outlet is planned. Local infrastructure will be improved by repairing the
roads, arranging the sport ground and creating a recreation center. Also there are plans to repair
the church.
The women who participated at the FGD meeting are employed in the social services sector,
principally in education and medical institutions. According to them, the rehabilitation of the
irrigation system will create more opportunities for families, especially for those where one
member is working abroad. Thus, the rehabilitation of the irrigation system will contribute to
less migration and a more stable family environment; which will promote better educational
attainment for children and to higher local family incomes.
The participants at the FGD meeting mentioned that the RAP implementation will increase
project credibility among people and will consolidate its positive image.
8.5. Consultation of absentee PAPs
There are 18 absentee PAPs in CIS Criuleni. The identification and compensation procedure for
absentee affected persons, including those who are living abroad is shown in figure provided in
Annex 18.
For the absentee affected persons who are living abroad a Power of Attorney template was
developed and is available in the Annex 19.
8.6. Agreements
The results of PAP census and socioeconomic survey reveal a high project participation rate
among PAPs. It means that most of PAPs will allow construction works to be carried out on their
land plots. However, there are 14 PAPs (13 individuals and 1 company) that do not agree to
participate in the project. The list of these people is provided in Annex 5. It should be also
mentioned that the project participation rate among absent PAPs is unknown.
Despite the high espoused project participation rate, agreements have not yet been signed
because of delays in identification of PAPs resulting from delays in the preparation of the
detailed design schemes for the irrigation system. Therefore, field visits and consultations will be
conducted by RAPI at the beginning of RAP implementation in order to sign agreements. The
RAPI will facilitate singing the agreements by both heads of households when possible (when
both household heads are at home). Affected persons not available during RAP implementation
will be able to designate a person (through authorized Power of Attorney) to sign the
agreements. The notary costs will be covered from RAP budget.
Affected persons will receive an informational leaflet about RAP objectives and impacts, an
inventory of the affected assets classified by loss of crops and/or perennial plantations with the
indication of the compensation value, and an agreement form between the PAP and MCA for
signing by both parties (agreement template is provided in Annex 26). All signed agreements
will be collected and submitted to MCA.
Persons who refuse to participate and sign any agreement will be informed that the land will be
temporarily acquired according to the Law on expropriation for public benefit (No. 488-XIV of
July 8, 1999) and compensation rates will be determined under provisions of this law.
38
In addition, all PAPs will be informed and requested not to plant perennial plantations on top of
buried pipeline in order to allow system operators to access broken pipes for further
maintenance/repair. According to Moldovan legislation, access to private land should be granted
by the land owner unless the public utility status is set for construction/maintenance/repair works
and law on expropriation is applied. In this respect, it is recommended to amend WUA statute
with provisions related to compulsoriness of members to allow access to agricultural plots on as-
needed basis.
9. GRIEVANCE MECHANISM
9.1. Establishment of grievance redress committees
With the support of RAPI, the grievance redress committees will be created during the first two
months of RAP implementation, as follows: (i) District Coordination Committee (DCC) on
resettlement and land acquisition located in town of Criuleni; (ii) and two Local Resettlement
Committees (LRC) located in town of Criuleni and in village Slobozia-Dusca. RAPI will also
provide support to organize and carry out the committees’ meetings.
The Local Resettlement Committees created by the Local Council Decision will consist of 5
members; the mayor who will be the LRC chairperson, the cadastral engineer, a representative of
WUA Administrative Council, representative or formal leader of PAPs, and a representative of
local NGOs/farmers associations/teacher. Two of these members will be women.
The PAP formal leader and the local NGO/farmers association representative will be selected by
PAPs following an information session organized by RAPI in each locality from CIS 14-2
Criuleni within the first month of RAP implementation.
The District Coordination Committee on resettlement and land acquisition will be created by a
District Council Decision in accordance with the law On expropriation for public benefit No.
488-XIV adopted on July 8, 1999. It will consist of 4 men and 3 women and will comprise 3
relevant specialists from Rayon Council, 3 representatives from PAPs and a representative of the
WUA Administration Council. The representatives of PAPs will be selected by the PAPs
themselves following an information session organized by RAPI in each locality from CIS 14-2
Criuleni within the first month of RAP implementation.
9.2. Terms of grievance redress
The duration for grievance redress process by the Local resettlement Committees and the District
Coordination Committee on resettlement and land acquisition is 30 days. The Local Resettlement
Committee must give a written response to the PAPs not later than 14 days after official receipt
of the submission. If the answer is unsatisfactory, the complainant has the right to submit the
complaint to the District Coordination Committee on resettlement and land acquisition, which
will give its answer within 14 days.
9.3. Grievance redress capacity building
Due to lack of experience in applying in Moldova the principles of the WB OP 4.12 regarding
land acquisition and resettlement, members of the District Coordination Committee on
resettlement and land acquisition and Local Resettlement Committees, together with the
secretaries of Local and Rayon Councils (in charge of receiving and keeping evidence of
complaints), will provided with two trainings concerning operation and implementation of the
grievance redress mechanism. The trainings will be organized and delivered by RAPI.
The first training, which will take place during within the first 2 months of the RAP
implementation, will aim to instruct participants on:
• How to keep evidence and examine complaints from project affected persons;
39
• How to identify and compensate absentee affected persons;
• How to prevent unjustified complaints on compensation offered during RAP
implementation;
• Case studies;
• Terms of references and tasks for each created committee.
Each participant will receive a folder with the following informational materials:
• Instructions on how to keep evidence and examine the complaints from project affected
persons, submitted in written version during the RAP implementation (see Annex 27);
• Procedure to identify and compensate absentee affected persons;
• Measures to prevent unjustified complaints regarding compensation;
• An interactive presentation showing the grievance redress process step by step (see Annex
28).
9.4. Terms of grievance redress
The duration for grievance redress process by the Local resettlement Committees and the District
Coordination Committee on resettlement and land acquisition is 30 days. The Local Resettlement
Committee must give a written response to the PAPs not later than 14 days after official receipt
of the submission. If the answer is unsatisfactory, the complainant has the right to submit the
complaint to the District Coordination Committee on resettlement and land acquisition, which
will give its answer within 14 days.
10. IMPLEMENTATION SCHEDULE
10.1. Implementation schedule
RAP implementation
The RAP implementation schedule is closely linked with the rehabilitation works. The
resettlement will be minimized and the actual area of impact determined by RAPI and
Construction Supervisor for each sector under construction on the basis of the construction
design. If additional PAPs are identified, an addendum to the list of PAPs will be prepared and
submitted to MCA for approval. Signed agreements with PAPs are needed for obtaining
construction permits while compensation payments for the actual area of impact need to be made
in full to all PAPs preferably before the rehabilitation works can begin. RAP implementation will
start earlier than the excavation works by preparing and delivering resettlement mitigation
measures, implementing the grievance redress mechanism and procedures, and carry out
monitoring activities.
From contractor mobilization until putting irrigation system in operation, the rehabilitation
works will last 2 years. However, the main rehabilitation works that will give rise to
resettlement, namely the installation of new primary, secondary and tertiary distribution
networks, will be carried out in phases (by sector) and completed within 1 year thus affecting
only one agricultural season. Therefore, RAP implementation will cover one and a half years
until the rehabilitation works affecting land plots are completed. The RAP implementation
schedule is presented in Table 19 below.
40
Prioritization of RAP implementation based on complexity areas and areas under
construction works
The results of census and inventory of affected assets revealed the complexity areas that may
affect RAP implementation. There are three types of complexity areas: (i) high difficulty areas,
(ii) middle difficulty areas, and (iii) low difficulty areas.
High difficulty areas (highlighted in red) represent the land plots cultivated by PAPs who
disagreed to participate in the project by granting the right to access land plots for construction
works to be carried out. Middle difficulty areas (highlighted in yellow) represent the land plots
cultivated by PAPs that could not be found/ identified during the census. Low difficulty areas
(highlighted in green) represent the land plots cultivated by PAPs that agreed to participate in the
project. The map showing the complexity areas is presented in Annex 23.
Implementation of RAP activities will be prioritized according to the above-defined complexity
areas. RAPI will initially start working with high difficulty areas by conducting negotiations
with PAPs that expressed disagreement to participate in the project. If unsuccessfully, RAPI will
inform DCC about these cases that will consequently initiate temporary land expropriation for
public benefit.
Secondly, RAPI will focus on finding and interviewing the land users that could not be identified
or found during the census. The project participation status of these persons is unknown and
therefore their identification at early stage of RAP implementation is imperative.
The rest of PAPs who expressed agreement to participate in the project will be approached at a
later stage in order to negotiate the compensations and get the agreements signed.
The RAP implementation activities such as determining the actual area of impact, calculating the
compensations and delivering the payments, will be also prioritized on the basis of the land
sectors being under construction.
Gender action plan
The RAP will be implemented in a gender sensitive manner. The following actions will be
undertaken during RAP implementation to ensure gender equality and equity:
1. Gender disaggregation data is kept throughout the cycle of RAP implementation
2. DCC and LRC will consist of representatives of both genders, women being represented
in a proportion of 30%
3. DCC and LRC members will be provided gender training and technical assistance
4. Whenever is the case, no gender discrimination will be made during valuation process
5. The compensation payments for temporary acquisition of land plots will be made with
advance notification of the period, place and method of payment through information
meetings, public announcements and mails sent to affected household members;
6. The agreements will be signed by both heads of household when possible
41
Table 19. RAP implementation schedule
RAP implementation activities/months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 24
Holding launching conference
Support to initiate and carry out preliminary research for
determining elements justifying public utility status
Support to establish public utility status for construction
works
Verify and update the list of PAPs and actual area of
impact, minimize resettlement based on construction
design
Interview additional PAPs, and valuate additional
affected assets as necessary (in case of changes in the
design of irrigation system)
Identify and interview absentee PAPs, valuate their
affected assets and calculate compensations
Inform PAPs by carrying information meetings and
sending out notification of entitlements by post
Negotiate and collect signed agreements, including those
from absentee PAPs
Establish resettlement committees at local and district
level
Prepare and deliver trainings to resettlement committees’
members
Implement resettlement mitigation measures
(compensation payments)
Implement grievance redress mechanism and procedures
Carry out internal monitoring activities
Reporting (quarterly basis)
CIS rehabilitation activities/months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 24
Submission of construction authorization application to
relevant authorities
Start Contractor excavation work
Completion of construction works for primary, secondary
and tertiary distribution network
Putting irrigation system in operation
42
11. MONITORING RAP IMPLEMENTATION
RAP implementation will be subject to internal monitoring in order to report on the effectiveness
of RAP implementation, including the physical progress of resettlement and rehabilitation
activities, the implementation of mitigation measures, the effectiveness of public consultations
and the sustainability of income restoration and development efforts among affected persons. It
will provide feedback on RAP implementation and will facilitate the identification of problems
as early as possible in order to allow timely adjustments of implementation arrangements.
Internal monitoring will be performed by RAPI. MCA will also monitor and oversee RAP
implementation.
11.1. Goal and specific objectives
RAPI will establish an internal monitoring system (performance monitoring system) to be
implemented during the whole process of RAP implementation, including rehabilitation
activities. The main goal of performance monitoring is to ensure achievements of RAP
objectives and its successful implementation.
The specific objectives of internal monitoring are to ensure that:
1. Actions and commitments provided in the RAP are implemented fully and timely;
2. Eligible PAPs receive full compensation entitlements on time;
3. Complaints and grievances of PAPs are followed up and appropriate correction measures
are taken where necessary;
4. Remedial measures to restore PAPs incomes are effectively implemented.
11.2. Monitoring indicators
In order to measure and report on the performance of RAP implementation, a set of monitoring
indicators has been developed. Table 20 below provides information on indicators by specifying
the indicator name, definition, baseline and targets, and gender disaggregation.
The baseline has been established through the census and socio-economic survey which describe
the conditions of project affected persons before intervention/rehabilitation. The targets are set
on the basis of RAP objectives and implementation activities, results of PAPs census and
socioeconomic survey and the experience of staff involved in RAP preparation.
Table 20. Monitoring indicators
Indicator name Indicator definition Baseline Target Gender
disaggregation
Implementation
schedule followed
RAP implementation activities are
implemented within established
timeline No
Monitoring reports
submitted Number of quarterly and final
reports submitted by RAPI to MCA 0 7 No
Problems occurred,
solved and/or
corrective actions
adopted
Number and nature of problems
occurred during RAP
implementation 0
To be
determined No
Number and nature of problems
solved during RAP implementation 0
To be
determined No
Absent PAPs identified
and consulted
Number of absentee PAPs
identified and consulted
(effectively interviewed versus
18 100% Yes
43
planned)
Additional PAPs
identified and
interviewed
Number of additional PAPs
identified and interviewed due to
changes in the design of irrigation
system
0 To be
determined Yes
PAPs informed and
consulted
Number of information and
consultation sessions carried out 0 4 No
Number of participants at
information/consultation sessions 0 217 Yes
Final agreements with
PAPs signed
Number of final agreements with
PAPs signed 0 217 Yes
Completion date of collecting final
agreements with PAPs Month 7 No
PAPs compensated on
time
Number of persons effectively
compensated (planned versus
effectively compensated) 0 100% Yes
Completion date of delivering
entitlements to PAPs Month 10 No
Rate of disbursed payments
(planned versus effectively
disbursed) 0 100% No
Number of Databases for tracking
compensation payments developed
and functional 0 1 No
Resettlement
committees established
Number of resettlement committees
established 0 3 No
Number of resettlement
committees' members 0
18/7
women Yes
Number of persons trained 0 20/7
women Yes
Grievance redress
established and
functional
Number and object of complaints
submitted (justified versus non-
justified) 0
To be
determined Yes
Number of complaints solved at
local and rayon committee levels 0
To be
determined Yes
Number of cases sent to the court
(initiator and issue of dispute) 0
To be
determined Yes
Completion date of grievance
redresses Month 7 No
Pre-project PAPs
income levels and
living standards
restored
Net income per affected family
member in the rehabilitation year 1464 1464 Yes
Number of PAPs satisfied with
inputs 0 90% Yes
Number and types of compensation
use 0 2 Yes
11.3. Monitoring framework
The monitoring framework aims at structuring the internal monitoring system of RAP
implementation. It includes detailed information about the data collected (performance
indicators), data collection sources, data collection instruments and methods, as well as the
timing and frequency of data collection and reporting. Data collection and reporting will be the
responsibility of RAPI through its monitoring expert.
44
Performance indicators
The progress made in RAP implementation will be measured and reported against performance
indicators which are presented in the Table 21. The indicators will mainly measure the results
directly produced by RAP activities, thus being connected with the RAP implementation
schedule and plan.
Data sources
Monitoring data will be collected from different sources such as quarterly reports of the RAP
implementer, PAP database, consultation logs, grievance logs from rayon and locally based
resettlement committees, court verdicts in grievance cases, bank(s) through which compensation
payments are made, MCA disbursement plan and reports, and others. Also, the project affected
persons will be an important source of data in the process of monitoring RAP implementation.
Data collection instruments
Under the monitoring system, quantitative and qualitative data will be collected by using the
following instruments: (i) documentation review; (ii) direct observations; (iii) individual
interviews; and (iv) focus group discussions.
Data collection/reporting period and frequency
During RAP implementation, data will be collected on a monthly and a quarterly basis. It will be
analyzed and presented in quarterly and final reports. The internal monitoring framework is
presented in Table 21 below.
Table 21. Internal monitoring framework
Objectives Indicators Data sources Collection
instruments
Collection/reporting
periods and frequency
Actions and
commitments
provided in the
RAP are
implemented fully
and timely
Implementation
schedule followed Quarterly reports of
RAPI Documentation
review Quarterly during
RAP implementation Monitoring reports
submitted Quarterly reports of
RAPI Documentation
review Quarterly during
RAP implementation
Problems occurred,
solved and/or
corrective actions
adopted
Quarterly reports of
RAPI Documentation
review Quarterly during
RAP implementation
Consultation log Documentation
review Quarterly during
RAP implementation
Absent PAPs
identified and
consulted
PAP database
Quarterly reports of
RAPI
Documentation
review
Individual
interviews
Once within first
three months of RAP
implementation
Additional PAPs
identified and
interviewed
PAP database
Quarterly reports of
RAPI
Individual
interviews
Once within first
three months of RAP
implementation
PAPs are informed
and consulted
Quarterly reports of
RAPI
Consultations log
Signed list of
participants
Documentation
review
Direct
observation
Once within first
four months of RAP
implementation
Final agreements
with PAPs signed
Quarterly reports of
RAPI
Final agreements
with PAPs
Documentation
review
Quarterly within first
7 months of RAP
implementation
45
Eligible PAPs
receive full
compensation
entitlements on
time
PAPs compensated
on time
Quarterly reports of
RAPI
PAPs
Bank
MCA disbursement
plan
Documentation
review
Focus group
discussions
Individual
interviews
Once when
completed
Complaints and
grievances of PAPs
are followed up and
appropriate
correction measures
are taken, where
necessary
Resettlement
committees
established
Decisions of local
and rayon based
resettlement
committees
Signed list of
training participants
Documentation
review
Direct
observation
Quarterly until
completed
Grievance redress
established and
functional
Grievance logs of
local and rayon
based resettlement
committees
Court verdicts
PAPs
Documentation
review
Individual
interviews
Quarterly until
completed
PAPs related
actions and
measures are
effective for
restoring of their
income level
Pre-project PAPs
income levels and
living standards
restored
PAPs
Individual
interviews
Focus group
discussions
After 1 year of RAP
implementation
11.4. Management and implementation plan
Operational implementation plan
One of the key instruments of the internal monitoring system is the performance monitoring
activity implementation plan. The tentative implementation activities and schedule are presented
in the internal monitoring framework table. However, RAPI will develop more detailed
implementation schedule.
Information management system
RAPI will set up an Information Management System in order to facilitate monitoring data
storage, analysis and reporting. It will include a database and a documentation system. The
database will mainly store and process monitoring data based on which the performance
indicators will be analyzed. The documentation system will be established to ensure that all
monitoring actions, instruments and reports are stored systematically.
Internal monitoring unit structure and responsibilities
The internal monitoring unit will be composed of a RAP monitoring specialist who will
coordinate and participate in monitoring activities. The RAP monitoring specialist will report
directly to the RAPI coordinator and will be supported by the experts involved in office and field
RAP implementation. The RAP monitoring specialist will have the following responsibilities:
• Set up and coordinate internal monitoring system
• Coordinate, oversee and participate in implementing monitoring plan, including data
collection, storage and analysis against monitoring indicators
• Communicate the results and report on performance indicators
Reviewing and updating monitoring plan
The internal monitoring plan will be revised and updated when necessary in order to
accommodate any changes in RAP implementation activities and/or improve the monitoring
system and performance measures.