This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

Resettlement Plan

June 2011

AZE: Road Network Development Program (Project 1)

Masalli–Astara Motorway (Project 1)

Masalli–Girdani Section (Section A)

Prepared by the AzerRoadService Open Joint-Stock Company (ARS) of the Republic of

Azerbaijan for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 1 August 2010)

Currency Unit – Azerbaijan manat (AZN) AZN1.00 = $1.25 $1.00 = AZN0.80

ABBREVIATIONS ADB ― Asian Development Bank AP ― affected person ARS ― AzerRoadService Open Joint-Stock Company AZN ― Azeri Manat DMS ― detailed measurement survey EA ― Executing Agency EMC ― external monitoring consultant GPS ― global positioning system IA ― Implementing Agency LAD ― Land Acquisition Department LAR ― land acquisition and resettlement MFF ― multi-tranche financing facility NGO ― nongovernment organization PIU ― project implementation unit PPTA ― project preparatory technical assistance RF ― resettlement framework ROW ― right of way RP ― resettlement plan SCMSP ― State Committee for Management of State Property

NOTES

(i) The fiscal year (FY) of the Government and its agencies ends on 31 December. (ii) In this report, “$” refers to US dollars.

CONTENTS

GLOSSARY i

MAPS ii

EXECUTIVE SUMMARY iv

CHAPTER 1: INTRODUCTION 1 1.1 Project Description 1 1.2 Conditionalities 2 1.3 Land Acquisition and Resettlement for the Project 3

CHAPTER 2: SOCIOECONOMIC BACKGROUND OF THE PROJECT AREA 4

CHAPTER 3: IMPACT ASSESSMENT 8 3.1. Impact Assessment Process and Methodology 8 3.2. Census of Impacted Households and Persons 8 3.3. Impact Assessments and Detailed Measurement Survey 10 3.4. Determination of Compensation Values 14

CHAPTER 4: OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS 17 4.1 Legal and Policy Background 17 4.2 Compensation Eligibility and Entitlements for the Project 20 4.3 Provision of Land for Land Compensation 23 4.4 Gender Impact and Mitigation Measures 23 4.5 Public Participation and Documents Disclosure 24

CHAPTER 5: GRIEVANCE REDRESS PARTICIPATION 26

CHAPTER 6: INSTITUTIONAL ARRANGEMENTS 27 6.1 AzerRoadService Open Joint-Stock Company 27 6.2 Local Governments 27

CHAPTER 7: RESETTLEMENT BUDGET AND FINANCING 29 7.1 Compensation and Land Acquisition 29 7.2 Compensation for Structures Replaced 29 7.3 Compensation for Land Leases Impacted 30 7.4 External Monitoring / Third Party Validation 30 7.5 Summary of Resettlement Plan Budget 31

CHAPTER 8: STAKEHOLDER CONSULTATION 32 8.1 Stakeholder Consultation 32 8.2 Stakeholder Meetings in the Villages 33

CHAPTER 9: IMPLEMENTATION PLAN AND SCHEDULE 35 9.1 Responsibilities for Land Acquisition and Resettlement 35 9.2 Implementation Schedule 37

CHAPTER 10: MONITORING AND EVALUATION 38 10.1 Internal Monitoring 38 10.2 External Monitoring / Third Party Validation 39

Appendix 1 – Pamphlet for Local Disclosure Appendix 2 – Summary Consultation Matrix

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GLOSSARY

Affected person (or household) People (households) affected by project-related changes in use of land, water or other natural resources.

Compensation Money or payment in kind to which the affected persons are entitled in order to replace the lost assets, resource or income.

Eminent domain Regulatory measure by the Government to obtain land. Entitlement Range of measures comprising compensation, income

restoration, transfer assistance, income substitution, and relocation which are due to affected persons, depending on the nature of their losses, to restore their economic and social base.

Expropriation Government's action in taking or modifying property rights in the exercise of sovereignty.

Host population Community residing in or near the area to which affected persons are to be relocated.

Income restoration Reestablishing income sources and livelihoods of affected persons.

Involuntary resettlement Development project results in unavoidable resettlement losses that affected persons have no option but to rebuild their lives, incomes and asset bases elsewhere.

Relocation Rebuilding housing, assets, including productive land, and public infrastructure in another location.

Rehabilitation Reestablishing incomes, livelihoods, living, and social systems.

Replacement rates Cost of replacing lost assets and incomes, including cost of transactions.

Resettlement effect Loss of physical and nonphysical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms.

Resettlement plan A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Social preparation Process of consultation with affected people undertaken before key resettlement decisions are made, to build their capacity to deal with resettlement.

Vulnerable groups Distinct groups of people who might suffer disproportionately from resettlement effects.

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Figure 1: Transport Network Map of Azerbaijan with Project Area

Source: Asian Development Bank. Technical Assistance Report 39176; Technical Assistance Republic of Azerbaijan: Preparing the Southern Road Corridor Improvement Project (Alyat-Astana Road); Manila,

Philippines; November 2005.

Representative of LAD

Representative of Municipality

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Figure 2: Project Map

NORTHERN THIRD CENTRAL THIRD SOUTHERN THIRD

Note: The width of the route line is approximately to scale.

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EXECUTIVE SUMMARY

(i) This Resettlement Plan (RP) is prepared in accordance with the Asian Development Bank’s Involuntary Resettlement Policy, laws and regulations on land acquisition and resettlement (LAR) in Azerbaijan, and the Resettlement Framework for the Program agreed between ADB and the Government. It outlines impacts, compensation policy, compensation/ rehabilitation provisions, cost estimates, and implementation schedule to compensate the impacts caused by Section A: Masalli to Girdani of the Masalli–Astara Motorway (the sub-project). The subproject is the first activity to be implemented under Tranche 1 (Project 1) of the Road Network Investment Program to be financed through a multi-tranche financing facility (MFF) from ADB. The subproject involves an uncomplicated alignment mostly traversing through pasture or waste land. There will be only four structures/ commercial enterprises will be affected by the subproject. This RP is an update of the previous RP prepared in September 2007. It shows the resettlement impacts and compensation measures based on the completed detailed design of the subproject.

(ii) The Ministry of Transport is the Executing Agency (EA) and the AzerRoadService Open Joint-Stock Company (ARS) is the Implementing Agency (IA) for the Project, responsible for the preparation, implementation and financing of all LAR tasks and interagency coordination. ARS will exercise its functions through the Project Implementation Unit (PIU), which handles day-to-day project activities. LAR tasks will be managed by the Land Acquisition Division (LAD) in ARS, which will organize and internally monitor RP preparation and implementation (including surveys, asset valuation, and community consultation), and LAR-related interagency coordination.

(iii) The subproject will affect 605 households (2,481 individuals), 1.4 km2 of land (0.8 km2

private land and 0.6 km2 public land), and 4 private commercial establishments. Only four households with 19 members are losing their livelihoods in the project due to loss of their structures used for business. The total cost of LAR compensation/rehabilitation is estimated at about $1.69 million (refer to summary tables E-1 and E-2 below).

Table E-1: Summary Land Acquisition and Compensation

Item Private Land Public Land Total

Total lot count 629 270 899

Total area taking (m2) 847,444 632,750 1,480,194

Total amount (AZN) 863,674 268,026 1,131,700

Cost of registration @ 400 AZN per plot 251,600 108,000 359,600

Total amount (AZN) 1,115,274 376,026 1,491,300

Table E-2: Summary Resettlement Impacts and Costs

Item Cost (AZN) Cost ($)

Compensation for land 1,491,300 1,864,125

Compensation for structure 9,792 12,240

Assistance for Business Rehabilitation 7,400 9,250

External Monitoring 32,000 40,000

Base Cost 1,540,492 1,925,615

Contingency (15% of base costs) 231,074 288,842

Total 1,771,566 2,214,457

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CHAPTER 1: INTRODUCTION

1.1 Project Description

1. Azerbaijan, a newly independent country of 8.3 million people, lies astride ancient north-south trading routes between the Russian Federation and the Middle East. In the east-west direction the major trade corridor extends through Georgia, connecting the Black Sea and the Caspian Sea, as well as the Russian Federation with Turkey and Europe. The three major physiographic features in Azerbaijan are: the Caspian Sea to the east; the Greater Caucasus mountain range to the north; and the extensive flatlands at the center. 2. The Government has requested ADB to finance the Road Network Investment Program (the Program) through a multi-tranche financing facility (MFF) in the amount up to $500 million. The first project to be financed under the MFF (Project 1) is the Masalli to Astara motorway, the southern section of the proposed motorway between Alat and Astara. It is anticipated that the construction of the motorway will start in 2011 and will be completed in 2013. The core subproject of Project 1 is Section A: Masalli to Girdani of the Masalli-Astara Motorway. This motorway will be a new 4-lane motorway that will be separate from the existing M3 highway. Section A of the Project commences from the east of Khil village in the Masalli rayon and ends in the vicinity of Girdani Canal and it has a length of 22.1 km. Two interchanges, are provided which are located near the start and end points of Section A. Full topographical and geological surveys have been carried out and the detailed design has been completed. Construction works will start once the compensation/rehabilitation program under the RP is fully implemented. This Resettlement Plan covers Section A of Project 1. 3. The Project has a gently flowing new alignment that runs along the coastal plain, some 2 km inland from the shoreline of the Caspian Sea and the existing M3 Alat – Astara highway. This new alignment passes mostly through flat open agricultural land that is generally lower than the adjacent sea level. The area has high rainfall and poor natural drainage and it is prone to flooding. In order to improve the natural drainage of the area, a complex network of closely spaced drainage channels has been provided that reduce the risk of flooding and act as irrigation channels to support the agricultural activities in the dryer summer months.

4. This updated Resettlement Plan (RP) is prepared in accordance with:

(i) the Asian Development Bank (ADB)’s Involuntary Resettlement Policy; (ii) the laws and regulations on land acquisition and resettlement (LAR) in

Azerbaijan; and (iii) A Resettlement Framework for the Road Network Investment Program (the

Program) dated June 2007 that established the principles and procedures for the compensation of land, houses, buildings, crops and livelihoods to be affected by the Program. The Resettlement Framework was prepared by the Government, endorsed by the Ministry of Transport and disclosed to affected persons in June 2007.

5. The RP outlines impacts, compensation policy, compensation and rehabilitation provisions, cost estimates, and implementation schedule to compensate the impacts caused by Section A: Masalli to Girdani of the Masalli–Astara Motorway (the subproject). The subproject is the first activity to be implemented under Tranche 1 of the Road Network Investment Program to be financed through an MFF from ADB.

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6. For the Government of Azerbaijan (the Government) and ADB, the objective of resettlement planning is to ensure that persons unavoidably losing land or property as a result of the Project attain equal or better livelihoods than without the project. All policies, proposals, and compensation measures contained in this RP are designed to meet this objective. The AzerRoadService Open Joint-Stock Company (ARS), the Executing Agency of the Project, has established a Land Acquisition Division (LAD), which will be directly responsible for resettlement planning, supervision, and compensation management. 7. The RP was first prepared in September 2007, based on: (i) relevant project reports: particularly the recommended alignment with Right of Way (ROW) Requirements defined in the preliminary design stage of the Project carried out under the ADB Project Preparation Technical Assistance (PPTA) no. 4684-AZE; (ii) field visits along the proposed alignment during the implementation of project preparatory technical assistance; (iii) field survey of the centerline and ROW boundaries; (iv) detailed household census interviews with affected persons (APs) and households; (v) consultations with local governments, affected villages, and affected persons (APs); (vi) socioeconomic surveys of affected households carried out in 2006–2007; and (vii) research of all available legal land title and cadastral documents for affected lands. 8. The RP has now been updated following the completion of the detailed design for the subproject and it incorporates updated valuations for land and property by ARS. This RP covers the full aspects of land acquisition, resettlement, and income rehabilitation due to the construction of a 23 km of dual lane motorway with 2 interchanges and the local road flyovers, bridges, and culverts. The updated RP is based on the centerline alignment and ROW boundary for the motorway established during the preliminary design stage, along with a minor realignment of a side road at km 9+325 introduced during the detailed design stage. It also includes the findings of the census survey of additional land requirement due to this minor realignment. 1.2 Conditionalities 9. Based on ADB policy and practice the appraisal of the MFF and each specific tranche and the implementation of tranche subprojects are based on the following LAR-related requirements:

(i) Appraisal of the MFF and Tranche I requires the preparation of (a) an RF acceptable to ADB, and (b) a resettlement plan for the core subproject under Tranche I, which is the project of this RP.

(ii) Appraisal of following tranches requires (a) review and update of the RF, and (b) preparation of a RP consistent with the RF for all subprojects under the tranches entailing LAR.

(iii) Approval of civil works contract awards

Subprojects under Tranche 1: Conditional to (a) review and update, if necessary, of the core subproject RP based on the final design, and (b) preparation of an RP acceptable to ADB for each non-core subproject based on detailed design and consistent with the RF.

Subprojects under other tranches: Conditional to the preparation of an RP acceptable to ADB for each subproject based on detailed design and consistent with the RF.

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(iv) Provision of notice to proceed to the contractors: Conditional to full implementation of the RP for all subprojects. Such a condition will be specified in the civil works contracts.

10. To meet the above requirements for MFF approval, ARS prepared the RF, selected and fully designed the core subproject under Tranche I (i.e., the 23 km section of the new motorway from Masalli to the proximity of the Lenkaran Airport), and prepared this updated RP for the core subproject. 1.3 Land Acquisition and Resettlement for the Project 11. The 4-lane motorway has been designed for category I-B road, as per the following specifications: (i) overall width of the top of the road embankment of 27.5 m; (ii) carriageway width in each direction of 7.5 m (2 x 3.75 m wide lanes); (iii) embankment slope ratio of 1:1.5 minimum; (iv) 3.75 m wide outside shoulders of which 2.5 m will be paved and 1.25 meters will have a gravel surface; (v) 5.0 m wide central reservation that will contain two 1 m wide paved strips. 12. The 60 m ROW requirement has been determined based on the standard motorway cross section. The ROW will contain the 2 motorway carriageways and security fencing will be provided along the edge of the ROW. All existing side roads will be carried over or under the motorway on bridges. Agricultural underpasses will also be provided below the motorway to maintain existing local access routes that cross the motorway alignment. Additional land is provided in the ROW to accommodate the two interchanges and any necessary realignment of side roads. This additional ROW land is included in the impact assessment. 13. Measures to minimize the land and property acquisition impact of the project have been implemented throughout the planning and design stages of the Project. These measures have included (i) undertaking an initial route selection study to examine various alignment options and selecting the one with the least impact, (ii) developing a road cross section design with features to mitigate impacts and enhance access to agricultural lands, (iii) selecting an interchange design with minimum ROW requirements, (iv) fine tuning of the motorway alignment in places of impact during the preliminary design stage using aerial photos and topographical survey plans to determine exact alignments with minimum impacts on structures and property in congested areas, (v) provision of limited access fencing to ensure the exclusion of free ranging animals from the motorway for safety; and (vi) constructing bridges or underpasses at locations where existing access routes cross the motorway alignment.

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CHAPTER 2: SOCIOECONOMIC BACKGROUND OF THE PROJECT AREA

14. Detailed information on the socioeconomic characteristics of the affected population was gathered through investigations of statistical samples and a full socioeconomic census survey under the Project. The survey was conducted by the State Statistical Committee as part of the project preparation during February–March 2007 and it was then updated by ARS in April–May 2010 to cover the additional land acquisition area included during detailed design, in parallel with the impacts assessment. The survey covered the owners of all lots in the ROW of the Project and included questions about household composition, ethnicity, education, livelihood activities, and income. A total of 605 affected households containing 2481 members were covered by the surveys. Three interviews with impacted households were held during these surveys. 15. Household Composition and Traits of Affected Families: The average household composition is 4.1 members with a minimum of 1 and a maximum of 11. The ratio of men to women is 51.2 to 48.8. The unmarried household members are 5.4% of the total, the married 74.1%, and the widows/widowers 20.41% (Tables 1 and 2).

Table 1: Size Distribution of Affected Households

Person No. of Household %age

1 60 9.9

2 65 10.7

3 67 11.1

4 153 25.3

5 149 24.6

6 70 11.6

7 26 4.3

8 7 1.1

9 6 1.0

10 1 0.2

11 1 0.2

Total 605 100.0

Table 2: Gender Distribution of Affected Households and

Marital Status of Head of Affected Households

Item Masalli Lenkaran Total

Household Member Gender Status Total 1,496 985 2,481 Men 769 501 1,270 Women 727 484 1,211 % of men 51.4 50.9 51.2 % of women 48.6 49.1 48.8 Household Head Marital Status Single 18 16 34 Married 276 189 465 Widower/widow 58 48 106

Total 352 253 605

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16. Ethnic Composition of Affected Families: The Azeri people account for the majority of the affected population (76.2%), with the Tallish people being a sizable minority (23.8%). The difference between these two groups is essentially based on the language, with the Azeri people speaking Azeri and the Tallish people speaking Tallish. All things considered the characteristics of the people residing in the project area indicate that none of them belongs to groups identifiable as indigenous peoples as defined by ADB. The Azeri people are in fact the majority in the country and the Tallish people, though a minority, fully participate in the socio-cultural mainstreams in Azerbaijan. The ethnic composition of affected families is shown in Table 3.

Table 3: Ethnic Composition and Language Spoken of Affected Households

Item Masalli Lenkaran Total % age

Household ethnicity Azeri People 220 241 461 76.2 Tallish People 132 12 144 23.8

Total 352 253 605 100.0 Language spoken in the households Azeri 229 244 473 78.2 Tallish 123 9 132 21.8

Total 352 253 605 100.0

17. Education of Affected Households: The majority of the heads of the affected households have a high school level of education as shown in Table 4.

Table 4: Education Status of Heads of Affected Households

Item Masalli Lenkaran Total % age

Secondary school 42 58 100 16.5 High school 265 160 425 70.3 Vocational (technical college) 14 15 29 4.8 University 29 3 36 5.3 Post graduate 0 17 17 2.8 Others 2 0 2 0.3

Total 352 253 605 100.0

18. Income Source of Affected Households: Based on the information gathered with the AP census, many of the affected households (49.2%) derive their income from non-land based activities, including business, trade, and government employment (Table 5). Retirees account for 23.9% of household heads and those with other activities account 2.0%. The households whose primary income is from agricultural activities make up only 4.1%. The average monthly income of affected households from primary sources is about AZN120. Households earning less than 71.5 AZN per month are considered to be below poverty line and none of the affected households falls below poverty line.

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Table 5: Primary Income Source of Head of Affected Households

Item Masalli Lenkaran Total % age

Major Income Source of Head

employee of gov’t office/state- owned enterprise

43 21 64 10.5

employee of private firm 26 41 67 11.1

Employer 4 2 6 1.0

Self business 102 59 161 26.6

Farming – rice 0 1 1 0.2

Farming – fruit 0 1 1 0.2

Farming – livestock 8 12 20 3.3

Farming – other 0 3 3 0.5

Casual laborer 48 3 51 8.4

Family worker 32 39 71 11.7

Unemployed 0 2 2 0.3

Household duties 0 1 1 0.2

Retired, sick, and old 79 66 145 24.0

Others 10 2 12 2.0

Total 352 253 605 100.0

Average monthly income primary source (AZN)

136.8 103.7 120.25

Average monthly income from secondary source (AZN)

11 22.6 16.8

Total estimated monthly income (AZN)

147.8 126.3 137.05

19. The lands to be affected by the Project were previously cultivated under the Soviet system of collective farms. After the independence of Azerbaijan in 1991, the collective farms were disbanded and lands distributed to individuals, most of whom have not returned the land for cultivation but use the land communally for the grazing of personal livestock. 20. Livestock of Affected Households: Livestock can be seen grazing openly throughout the project area where are no fences to indicate land ownership or restrict livestock to certain parcels or lots. The information on livestock of the affected households is shown in Table 6.

Table 6: Livestock of Affected Households

Item Masalli Lenkaran Total

Cow 1,012 588 1,600 Bull 5 0 5 Horse 4 2 6 Donkey 0 1 1 Sheep 689 203 892 Goat 0 33 33 Chicken 4,439 1,402 5,841 Goose 49 393 442 Duck 76 329 405

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21. Access to Basic Amenities and Services: All households in the area are connected to the main electricity network and have piped drinking water. The average distance to small markets is a maximum of 5 kilometers. Major markets are located in Masalli and Lenkaran and the average distance to these markets will be 10 km. All the villages along the project road have junior or primary school and average distance to secondary schools will be 5 kilometers. For higher studies like college or vocational institute the students travel up to an average distance of 30 kilometers. Small clinics are available in each village and major health facilities and hospitals are located in Masalli and Lenkaran at an average distance of 10 km from each household. Access of affected households to these amenities and services will not be affected by the proposed project. For many households, the new project road provides an alternative route to markets and community facilities without disrupting their current access.

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CHAPTER 3: IMPACT ASSESSMENT

3.1. Impact Assessment Process and Methodology 22. The assessment of the impact of the Project on resettlement is the responsibility of ARS, which has been assisted by the project preparatory technical assistance (PPTA) consultants funded by ADB. The consultants were further supported by local subcontractors, mainly from RISK, the State Statistical Committee and the Azerbaijan Women in Development. The impact assessment finding were further revised after verification of the RP by ARS in 2009 and after a survey was carried out on 25 additional land plots identified during the detailed design stage. 23. The impact assessment proceeded as follows: (i) evaluation of alternative alignments and selection of a least impacting alignment; (ii) preliminary design of the motorway centerline based on field visits, aerial photos and maps; (iii) preliminary assessment and design of road features to select those with minimum land requirements; (iv) preliminary calculation of the boundaries of the required ROW; (v) field staking of ROW boundaries; (vi) retrieval of registered legal documents for lots impacted by the staked ROW; (vii) identification of legal owners of impacted lots; (viii) plotting of registration lot boundary information into an automated GIS; (ix) plotting of the ROW into the GIS; (x) GIS calculation of the area of land to be needed from each impacted lot for the ROW and the size of all residual parcels; (xi) field visits to each lot to determine and measure the nature of lands and structures that may be impacted; (xii) a census survey of impacted lot owners and members of impacted households; and (xiii) investigation into local unit prices for land and local construction cost for the replacement of structures. The impact assessment during the detailed design state includes verification of land acquisition data and additional survey of 25 plots included due to additional land acquisition. 3.2 Census of Affected Households and Persons 24. A census was conducted for all households to be affected by the subproject. The listing of names came from the legal documentation of the lots that were determined to be within the ROW after field surveys. A survey of affected households was conducted by the State Statistical Committee under the contract to PPTA consultants during February–March 2007. Three interviewers conducted the survey. The survey covered the owners of all lots in the ROW of the Project. List of the households under the ROW was received from the RISK Company and local offices of the State Land Committee. The additional census survey of 25 plots included during the detailed design stage was also carried out by the ARS with the help of the supervision consultant. During the process of verification of land carried out by ARS in 2010 the changes of land use were also taken into consideration and updated accordingly. 25. The distribution of affected households and persons by villages and rayons (districts) is provided in Table 7. The distribution of the degree of land impacts on APs is shown in Table 8. However, the vast majority of these lands are not under cultivation and few APs derive their primary income from agriculture on these lands. The census survey shows that only 6 households (1%) of the affected households are losing productive farm land and another 14 (2%) households are losing part of their pasture land. None of the APs whose primary activity is agriculture or animal husbandry will lose more than 10% of their productive land. In the project most of the APs are losing fallow land where no fodder is grown but people commonly use this for grazing of the naturally grown grass. Since there is plenty of such fallow land owned by people, municipality or state in the area, marginal loss of a portion of these fallow lands as a result of the project will not affect the livelihood/sources of income of people who graze their farm animals in the project area. There is sufficient grazing area to maintain the

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existing livestock of these households. The survey shows that two businesses involving four households with 19 members are losing their livelihoods in the project due to loss of their structures used for business. The impact of the taking of lands for the project motorway is exclusively related to the value of the land and, in a few cases, the replacement cost of structures and income support are provided during the relocation of a small number of enterprises.

Table 7: Affected Households and Persons

Item Number of Households Number of Persons

Masalli Rayon Khil 19 92 Sercuvar 93 403 Boradigah 208 862 Mollaoba 20 79 Turkoba 11 55 Yeddioymag II 1 5

Subtotal 352 1,496

Lenkaran Rayon Boladi 14 181 Girdeni 34 135 Liman she 119 427 Urga 52 126 Shirinsu 34 116

Subtotal 253 985 Total 605 2,481

Table 8: Distribution of the Degree of Private Land Impact

Degree of Land Impact

No. of Household

% Land Use

Less than 10% 279 46.12 259 households (fallow land) 14 households (pasture land) 6 households (productive farm land)

10–20% 134 22.15 326 household (fallow land commonly used for grazing of naturally grown grass)

20–30% 43 7.11

30–40% 37 6.12

40–50% 26 4.30

50–60% 16 2.64

60–70% 13 2.15

70–80% 12 1.98

80–90% 7 1.16

90–100% 38 6.28

Total 605 100.00

26. More than 86% of the affected land is uncultivated and this land is waste land or with wild grasses used by people for grazing. The 6 households with cultivated farmland and another 14 household with pasture land will lose less than 10% of their farming land and therefore no household will be losing livelihood or getting severely affected by loss of land to the subproject.

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3.3 Impacts Assessment and Detailed Measurement Survey 27. At the PPTA stage, after the boundaries of the ROW were staked, the lots were identified and legal documentation for all the lots were retrieved from the official sources and scanned. The details of legal documents for each lot was transferred to the GIS and based on this information compensation were calculated and recommended. The detailed design carried out mostly within the land acquisition plan proposed during PPTA except at km 9+325 where minor adjustment was made for a side road affecting additional 25 land plots. All information documented and the database of APs created during PPTA was verified by the ARS during the detailed design stage. The inventory and social assessment of additional 25 plots included during the detailed design stage are incorporated in this updated RP. 3.3.1 Features of Affected Land 28. The subproject area is comprised of large grazing lands with few structures. However, compact villages with dense residential development dot the landscape connected to each other by a thin network of local roads. The design of the subproject’s alignment avoids entering any of these villages, and direct impacts to the existing settlements are thus minimal. 29. The shape of private land holdings in the subproject area are the result of public land redistributions following the dissolution of the Soviet system. Before the demise of the Soviet system the irrigated lands were intensively cultivated on a large scale by collectives financed from state resources. Due to the excessive plot parcelization under the redistribution process, the land currently becomes economically unattractive as the dimension of each plot is too small to be conveniently cultivated. As a result, the land in the project area is generally uncultivated and used primarily for grazing, with large sections falling to the gradual encroachment of noxious weeds, primarily the thorny domestic blackberry which is inedible to most grazers. The land distribution has resulted in the conversion of once intensively cultivated lands into waste land, primarily due to a lack of financial resources at the individual landholder level to invest into machinery, seeds, fertilizer, labor, and transport. Without financial resources, the land lies fallow and evolves to waste lands.

Figure 3: Sample of Cadastral Lot Patterns

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30. After redistribution, a cadastral map pattern involving small corridor-like plots resulting from the slicing of the original collective plots evolved. The subdivision of the large collective lots, defined by the irrigation system, was most easily and fairly accomplished by creating slices of the original lots in the direction of the prevailing water flow, giving each lot the ability to be independently watered from the canal on the uphill side of the lot. The natural slope on the coastal plain is from west to east, and thus the pattern of lots today is of long and narrow lots running predominantly east and west. A sample of this cadastral pattern in the project area is shown in Figure 3 above. 31. The project motorway alignment passes across this cadastral pattern with the result that a large number of lots will be affected, and a large number of landowners will be compensated. Since the agricultural/firm land owners are losing less than 10% of their land, they will be left with lots, with perhaps better access due the frontage road and agricultural underpass mitigation designs proposed and cash compensation. Compensations for land takings are expected to provide cash sufficient for many land owners for the first time to be able to engage in intensive cultivation again and stop the gradual wasting of the grazed and fallow land. Since numerous lots will be affected, compensations will be widely distributed and a positive impact on future cultivation potential will be widely felt by the village populations. 32. The frequent long and narrow lots will be effectively subdivided by the motorway ROW into smaller and more conventionally proportioned parcels. The motorway will impact on some parcels, by putting into effect a subdivision of lots of marginal use, due to their poor proportions and lack of access. This subdivision will tend to improve lot proportions and access, which will have a positive impact on the land owners and village population. 3.3.2 Land Impacts 33. The Resettlement Framework specifies that any residual sections of a lot after ROW taking that is under 400 m2 should be considered unusable and therefore offered for purchase for the ROW and compensated accordingly. As per the findings of census no any household is experiencing such impact in Section-A. Land impacts are detailed in Tables 9 and 10. The data are divided into private land and public land held by municipalities or the central state. Public land is in turn subdivided into arable land and non-arable land. The arable public land refers to the land that has the potential of cultivation though it is left fallow, while the non-arable public land refers to the land occupied by public infrastructure or devoted to public use, covering roads, irrigation and drainages canals, and utility easements. Parcels of arable public land have been distributed in form of lease to small private enterprises (see Section 3.3.3). 34. A total of 899 lots were identified in the ROW, comprising 629 private lots including nine lots owned by the municipality and the state but leased to the private sector (70% of the total) and 270 public lots (30% of the total). The total area of the affected lots is 5.3 km2, and the land taken from these lots for the ROW is 1.4 km2. Private lands including leases in the municipal lands are the lots that have documents on file with the Government and indicate the names of individuals as owners. The total area of the affected private land is 3.9 km2 and the area taken for the ROW is 0.8 km2. Most of the land is unfenced grazing land freely used by owners of animals with few structures and little active cultivation. However, the reduction of the land available for grazing is not anticipated to affect the livestock and its ability to find sufficient fodder because the grazing lands in the area are being used collectively by the households having livestock. In addition, public lands are the land belonging to the central or municipal governments, and used for public works such as roads, canals, irrigation channels, and open grazing lands. The total area of the affected public land is 0.6 km2, all of which will be taken for

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the ROW. The majority of the public land is municipal and non-arable. A total of 141 public infrastructure assets on the affected non-arable public land, comprising 15 canal structures of 16,854 m2, 91 irrigation structures of 45,024 m2, and 35 agricultural access structures of 140,086 m2, will be affected by the Project.

Table 9: Summary Land Impacts

Item

Lot Count Total Area Area Taken

Number % m2 % m2 %

Private Land 629 69.97 3,968,200.00 73.93 847,444.00 57.25 Private Lease of Public Land 14 1.56 912,050.00 16.99 25,123.00 1.70

State 56 6.23 122,124.00 2.28 244,004.00 16.48

Municipality Land 200 22.25 364,970.00 6.80 363,623.00 24.57

Total 899 100.00 5,367,344 100.00 1,480,194.00 100.00

Table 10: Land Taking by Villages (m2

)

Location Private Land

Municipality land private

lease Municipality

Land State Land Total

Masalli Rayon

Sercuvar 197,140 1,97,140

Ikinci Yeddioymak 5,442 44,080 49,522

Boradigah 114,380 14,720 129,100

Mollaoba 37,040 640 37,680

Turkoba 38,320 4,610 42,930

Total Masalli 386,880 5,442 64,050 0 456,372

Lenkaran

Boladi 19,311 14,669 70,780 104,760

Liman 122,160 122,160

Şirinsu 14,225 40,093 54,318 11+579-km 16+020 105,238 5,012 244,004 354,254

Urgə 141,154 122,986 264,140

Girdani 58,476 65,714 124,190

Total Lenkeran 460,564 19,681 299,573 244,004 1,023,822

Total 847,444 25,123 363,623 244,004 1,480,194

3.3.3 Impacts on Land Leases

35. There are 14 affected leased plots. All the leases are between private parties and a central or local government agency. The Government (either municipal or central) is the landowner with the private party as the lessee. The leases fall into 2 categories: (i) a large lot of agricultural land that is not cultivated and has no or very low incomes, and (ii) small roadside parcels. Mostly these lease plots are large lots and a small portion of these leased plots will be affected by the project. There are two plots on which the leaseholders have constructed two structures. The impact on land leases is summarized in Table 11.

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Table 11: Impacts on Land Leases

Village Lot

Code Take Size

(m2) %

Taken Lease Type

Years of Lease

State agricultural land (11 Leaseholders)

2009 5,012 12 State 20

Yeddioymag II PM001 5,442 10 Municipality 15 Boladi PM001 8,257 9 Municipality 45 Boladi PM002 6,412 32 Municipality 1 Total 25,123

3.3.4 Impacts on Buildings and Structures

36 Even though the alignment was carefully selected to minimize impacts on residences and businesses, the Project’s alignment will require the demolition of 4 private buildings. Table 12 provides information on the location and type of these two affected structures.

Table 12: Impacted Buildings and Structures

Item Location Type of Lot Owner

Type of Structure

Owner

Structure Type

Area (m2)

1a Yeddioymag II

Municipality owned, but lease to private

Private Farm 66

2a Girdani Municipality owned, but lease to private

Private Commercial 45

3a Girdani Privately owned Private Shop 20

4a Girdani Privately owned Private Shop 16

3.3.5 Impacts on Crops and Trees

37. A lot by lot crop survey of private lands (including the state agricultural land leased to the private sector) in the summer of 2007 indicates that about 86.5% of the land in the project area is not cultivated and is mainly used for the communal grazing of animals. The remaining 13.5% is planted in vegetable crops or winter forage (clover) for animals. Public lands in the project area are not cultivated, and are used for communal grazing. The detailed information on the crops to be affected in the project area is provided in Table 13.

Table 13: Impact on Crops

Item Impacted Land

Area(m2) % of the Total Impacted Area

Estimated Total Annual Yield (kilogram)

Clover 24,908 1.5 48,321 Cucumber 13,151 0.8 65,757 Eggplant 4,180 0.3 20,902 Onion 23,539 1.5 57,670 Pea 9,706 0.6 2,402 Pepper 2,641 0.2 5,018 Tomato 138,554 8.6 263,253 Total 216,679 13.5

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38. There are no cultivated farm lands, trees, orchards, or nurseries on the impacted lands. Only volunteered woody shrubs and vines of a variety of weed can be found on the uncultivated lands. The APs cultivating the land will not lose their crops as these are only seasonal vegetable crops. From the date of notifications to the actual date acquisition of land and payment of compensation, there will be sufficient time to harvest these crops. After acquisition of land additional time will be available before the actual start of the construction work and therefore it will be ensured that there is no loss of standing crops. 3.3.6 Impacts on Businesses 39. The Project will affect four businesses, comprising a small farm engaged in low-scale cows and sheep breeding, an auto-repair shop and two general shops. There are two workers engaged in the auto-repair shop (Table 14). The impact on businesses in this case is temporary because these people will be provided with alternate lease land re-establish their business. The affected workers engaged in the auto workshop will also lose their jobs temporarily till the re-establishment of the workshop.

Table 14: Impacts on Businesses

Code Location Affected Persons Type of Business

P001 Yeddioymag II 1 household Animal farm P002 Girdani 1 Household, 2 workers Auto-repair shop P003 Girdani 1 household Shop P004 Girdani 1 household Shop

Total 4 households 2 workers

3.4 Determination of Compensation Values 40. The unit compensation values have been determined using the following methodology:

Land is valued at replacement rate calculated on the basis of assessment of land rates in the area as per recent transaction and in consultation with APs. A 20% of the compensation value also added on top to assist for their relocation No deductions for taxes or transaction costs will be applied.

Houses/buildings are valued at replacement value based on cost of materials, type of construction, labor, transport, and other construction costs. No deductions will be applied for depreciation, salvaged materials, and transaction costs.

Annual crops are valued at net market rates at the farm gate for the first year crop. In the eventuality that more than one-year compensation (i.e., for severe losses allowances) is due to the APs the crops after the first year will be compensated at market value of the net harvest (harvest minus production costs and transport costs).

Fruit trees are valued based on age category (i.e., seedling; not yet productive; and productive). Productive trees will be valued at gross market value of 1 year income X the number of years needed to grow a new tree with the productive potential of the lost tree.

Businesses losses are compensated on the basis of an analysis of the income of the affected business in consultation with business owners and local executive

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authorities. If there is a disagreement on the decided rate, the business owner will have to rove its claims with the appropriate tax records.

3.4.1 Land Values 41. The current market value of land affected by the Project was determined by the special commission formed involving representatives from Ministry of Finance (MoF), LAD, Municipalities and the Executive Power. The market value was calculated in consultation with APs and based on recent land transactions. The market value fixed in 2009 by the Government of Azerbaijan is the latest valuation available and applicable for payment of compensation in 2010. To cover up the gap in market value, an additional payment of 20% of the land value is made to APs, as required by an amendment to the Presidential Decree 506-IIIQD dated 26 December 2007. These land values are shown below in Table 15.

Table 15: Unit Land Values in the Subproject Area

Village

Unit Value for Agricultural Land (AZN per ha) Public and Private

Public (non-arable)a

Land Value

20% premium as per PD

(26 December 2007)

Total

Masalli Rayon Khil 6,000 1,200 7,200 1,695 Sarchuvar 6,000 1,200 7,200 1,695 Boradigyah 6,000 1,200 7,200 1,695 Mollaoba 6,000 1,200 7,200 1,695 Turkoba 6,000 1,200 7,200 1,695 Yeddioymag II 6,000 1,200 7,200 1,695 Lenkaran Rayon Boladi 10,000 2,000 12,000 1,695 Girdani 10,000 2,000 12,000 1,695 Liman 10,000 2,000 12,000 1,695 Urga 10,000 2,000 12,000 1,695 Shirinsu 10,000 2,000 12,000 1,695

Source: Land Acquisition Department, ARS.

42. There are two exceptions to the above land valuation policy. One refers to the compensation to municipal governments for municipal lands in continuing non-arable public use. Roads, irrigation canals, and agricultural lot accesses are examples of this type of land use. For these lands, the central government has set normative values which have been adopted for the valuation of lands of this category impacted by the Project. This RP conforms to that national law. The other refers to the state lands that are not leased to privates and are assumed to be transferred at no cost to the ROW by the state. Leased land owned by Municipality/State will be compensated to the lessee in form of another comparable lease (see Chapter 7 for detail).

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3.4.2 Compensation Rate for Buildings and Structures 43. Replacement costs of construction can vary considerably depending on features of the structure, condition of the land and its access, utilities, and design. Current market replacement values for each building and structure are determined by an independent valuer in case to case basis in consultation with the municipality land office and the APs based on the 2010 price level. The replacement costs for various buildings and structures revised during the detailed design stage of the project are shown below in Table 16.

Table 16: Unit Replacement Value for Buildings and Structures

Building Type Unit Value (AZN per m2)

Residential (modern) 360 Residential (traditional) 144 Non-residential building (farm) 72 Walled shed 60 Awning with floor 48 Awning without floor 36

Source: Land Acquisition Department, ARS.

3.4.3 Relocation Subsidies 44. Relocation subsidies have been set at AZN500 per relocating family. This amount is largely sufficient to cover transport and one month living expenses for an average family in the project area. In case the relocation of heavy equipment is needed, this allowance may be increased based on actual transport costs. There are two businesses which need physical relocation of structures in this project and these two affected families will be entitled for this relocation subsidy.

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CHAPTER 4: OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS

4.1. Legal and Policy Background 45. There are no laws or legislation in Azerbaijan that specifically consider matters of involuntary resettlement. However, a few regulatory instruments exist in the country providing the basis for regulating and managing acquisition of land, property, and productive assets and for compensation for the loss of these assets. These instruments include (i) Land Code (25 June 1999), (ii) Civil Code (1 December 1998), (iii) Cabinet of Ministers Decision No. 42 (15 March 2000), (iv) Cabinet of Ministers Resolution No. 110 (June 1999), (v) Decree on Application of the Road Law (2000), (vi) Decree on Additional Activities for Regulating the Use of Road Reserves (2004), (vii) Amendment to Civil Code (7th December 2007), (viii) President Decree No: 689 dated 26th Dec 2007 for implementation of Amendment to Civil Code dated 7th December 2007, (ix) Cabinet of Ministers Decision No: 54 dated 4th April 2009 on Rules for Valuation of Properties to be Acquired for State Needs. Among these, the Land Code is a critical one as it (a) provides for the compensation for the loss of land offered on the basis of valuations made in accordance with the Azeri Standard Code No. 158, 1998; (b) allows recourse through courts; and (c) provides the basis for a land-for-land compensation option. The Civil Code and Land Code provide the basis for acquisition of land for projects of state interest while the Cabinet of Ministers Resolution No. 42 outlines procedures for the acquisition. Collectively, these regulations consider three options for the land acquisition payable only to the legal landowners: (i) land-for-land, (ii) compensation based on market prices, and (iii) dispute over compensation subject to resolution in the courts. In April 2009, the Cabinet of Ministers issued Decision No: 54 which specifies the procedure to be followed for valuation of properties needed for state needs and payment of compensation to the APs. This decree has provision for the rehabilitation of income loss and payment of compensation on market rates. The Decree on the Application of the Road Law and the Decree on Additional Activities for Regulating the Use of Road Reserves designate the Cabinet of Ministers as the agency to approve road reserves and acquisition of affected properties. 46. Comparison of Azeri laws with the ADB’s Resettlement Policy indicates that key elements of the ADB’s Policy are to a certain degree present in these laws, such as the 1999 Land Code and Cabinet of Ministers Decision No. 42. ADB’s principle of avoidance or minimization of resettlement is partially addressed in the Azeri legislation. In particular, it is covered in Article 70.4 of the Land Code, which states that land can be withdrawn only for location of state facilities of high importance. The Cabinet of Ministers Decision No. 42, Section I, Article 2 states that there is the need to avoid, wherever possible, impacts on agricultural land and forests. 47. The Land Code provides for the protection of affected population as far as their rights and access to land are concerned. It requires that land owners, users, and lessees shall not lose their rights of access and use of such lands, other than in cases which require full withdrawal of land. Article 22 of the Land Code also stipulates that the state is required to establish protection zones with a special (restrictive) regime for the purposes of construction and operation of industrial facilities. 48. Regarding compensation for lost assets, including land and other productive assets, crops, forests, buildings, Article 70.5 of the Land Code requires paying compensation in advance where land is compulsorily acquired only to the legal owners of property. In addition, Article 8 refers to the need for compensation based on full market value or through providing another land plot or building of equal quality, size, and value. Article 84.5 also specifies that the

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beneficiary of the land acquisition is obliged to provide alternative land and fully compensate the landowners for the lost housing, production facilities, and other property. Article 101 of the Land Code and Article 247.2 of the Civil Code requires that land users be fully compensated for damage and lost crop that resulted from land acquisition, and that land owners be compensated for the liabilities before third parties and for the land and immovable property located on this land at market price. Cabinet of Ministers Decree No. 42, Sections I and II requires compensation for losses, whether temporary or permanent, or damage to productive assets and crops. The Azeri legislation provides compensation payable for the loss of buildings on the property that is being affected only to the titled individuals and businesses. Under current legislation, compensation is payable for loss of land, buildings, crops, profit, and other damages arising from the acquisition of land for a project for only those who have legal titles to the property affected. The Land Code allows landowners an option for seeking recourse through the courts. Accordingly, when land is required for projects of national interest, compensation is initially offered on the basis of valuations made in accordance with the Standard Code No. 158 dated 1998. If landowners are unhappy with this valuation, there is scope for agreeing on a revised valuation. In the event that such agreement cannot be reached, the acquiring authority can process its application for acquisition through the courts.

49. Cabinet of Ministers Decision No: 54 (April 2009) specifies that (i) the purchase price of the property should be equal to the market price which of the property; (ii) In estimating the purchase price or sale price of a property and plot of land, proprietor’s damages resulted from the purchase of property, as well as income lost and loss connected with the preterm end of commitments for the third parties also to be considered; (iii) loss of access to agricultural land needs to be compensated or restored by the requiring authority; (iv) the cost of registration of properties to be borne by the requiring agency; (v) the compensation should include the cost of transportation in case of any change of business or displacement; (vi) The APs are eligible and should be allowed to take the salvage of demolished buildings if any, (vii) professional appraisers (valuer) shall be engaged to determine acquisition price; (viii) The valuer is recommended to consult the APs and negotiate the price during the valuation of properties; (ix) recommendations for the calculation of estimate cost shall be prepared by the State Committee for the Management of State Property; and (x) The APs will be informed about the calculation of compensation and the amount of compensation will be disclosed to them. 50. By the time of issue of Cabinet of Ministers Decision No: 54, the ARS had already initiated the process of land acquisition by moving the proposal to Ministry of Finance (MoF). On the basis of due recommendation from the MoF, the ARS got the approval from Deputy Prime Minister’s office for an exemption from using the Decision No: 54 in case of this Project. However, keeping in view the spirit of the decision the ARS partially adopted the Decision No: 54 by following the procedure of sending individual notification to the APs on land acquisition requirement and payment of compensation. In this Project also ARS with the help of local government agency and people’s representatives in Municipalities, issued individual notification and consulted them on Project requirement such as area required for acquisition and amount of compensation to be paid to the APs. 51. ADB’s Involuntary Resettlement Policy is based on the following principles:

Involuntary resettlement is to be avoided or at least minimized.

Compensation will ensure the maintenance of the APs’ pre-project living standards.

APs should be fully informed and consulted on LAR compensation options.

APs’ socio-cultural institutions should be supported and used as much as possible.

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Compensation will be carried out with equal consideration of women and men.

Lack of formal legal land title should not be a hindrance to rehabilitation.

Particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance should be provided to help improve their status.

LAR should be conceived and executed as a part of the project, and the full costs of compensation should be included in project costs and benefits.

Compensation and resettlement subsidies will be fully provided prior to clearance of ROW and ground leveling and demolition.

52. Differences between Azeri law and regulations and ADB’s policy are outlined in Table 17.

Table 17: Comparison of Azeri Laws and Regulations on LAR and ADB’s Involuntary

Resettlement Policy

Azeri Land Laws and Regulations ADB’s Resettlement Policy

Land compensation only for titled landowners.

Lack of land title should not be a bar to compensation and/or rehabilitation. Non-titled landowners receive rehabilitation assistance.

Only registered houses/buildings are compensated for damages/demolition caused by a project.

All affected houses/buildings are compensated for building damages/demolition caused by a project.

Crop losses compensation provided only to registered landowners.

Crop losses compensation provided to landowners and sharecrop/lease tenants.

Land valuation based on current market value.

Land valuation based on current market rate/replacement value.

Land Acquisition Department is the only pre-litigation final authority to decide disputes and address complaints regarding quantification and assessment of compensation for the affected assets.

Disputes, complaints and grievances are resolved informally through community participation in the Grievance Redress Committees, local governments, and NGO and/or local community based organizations.

The decisions regarding land acquisition are discussed only between the landowners and the Land Acquisition Committee.

Information related to quantification and costing of land, structures and other assets, entitlements, and amounts of compensation and financial assistance are to be disclosed to the affected persons prior to appraisal.

No provision for income/livelihood rehabilitation measure, allowances for severely affected persons and vulnerable groups, or resettlement expenses.

ADB’s policy requires rehabilitation for income and livelihood, for severe losses, and for expenses incurred by affected persons during the relocation process.

53. In principle, Azeri laws and regulations relevant to LAR and ADB’s Policy adhere not only to the objective of compensation for affected families, but also to the objective of rehabilitation. The major differences between Azeri Laws and ADB policy are recognition of non-titleholders and additional support for severity of impacts. To reconcile the existing gaps between the Azeri laws and regulations and ADB’s Policy, ARS prepared the RF for the Program, ensuring compensation at replacement cost of all items, rehabilitation of informal settlers, and the provision of subsidies or allowances for APs that may be relocated, suffer business losses, or may be severely affected.

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4.2 Compensation Eligibility and Entitlements for the Project 54. LAR tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with both Azeri laws and regulation and ADB’s Policy. The entitlements matrix is in Table 18.

Table 18: Compensation Entitlement Matrix

Asseta

Specification Affected People Compensation Entitlements

Permanent impact on arable land

All land losses independently from impact severity

Farmer/ Titleholder

Land for land compensation with plots of equal value and productivity to the plots lost; or

Cash compensation for affected land at replacement cost based on market value

b free of taxes, registration, and

transfer.

Residual portions of plots affected by the required ROW that are reduced to less than 400 m

2 or rendered unusable

by alterations in access, irrigation, or workability will be included in the affected land and compensated as above indicated.

Leaseholder Renewal of lease in other plots of equal value/productivity of plots lost, or

Cash compensation for affected land at full replacement cost free of taxes, registration, and transfer costs.

Sharecroppers Cash compensation equal to the market value of the lost harvest share once (temporary impact) or twice (permanent impact).

Agricultural workers losing their contract

Cash indemnity corresponding to their salary (including portions in kind) for the remaining part of the agricultural year.

Squatters Actual crop loss compensation and resettlement assistance will be provided (see below).

Additional provisions for severe impacts (more than 10% of land loss)

Farmer/ Titleholder Leaseholder

1 severe impact allowance equal to market value of 1 net harvest of the affected land for 1 year (inclusive of winter and summer crop and additional to standard crop compensation).

Sharecroppers 1 severe impact allowance equal to market value of share of harvest (additional to standard crop compensation).

Squatters 1 severe impact allowance equal to market value of net harvest of the affected land for 1 year (additional to standard crop compensation).

Residential/ commercial land

Titleholder Land for land compensation through provision of a plot comparable in value/location to plot, or

Cash compensation for affected land at full replacement cost free of taxes, registration, and transfer costs.

Renter/ leaseholder

1-3 months allowance.

Squatters Provision of a free or leased plot in a government resettlement area or a self-relocation allowance.

Houses and structures

All relevant affected persons

Cash compensation at replacement rates for affected structure and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts full cash assistance to restore remaining structure.

Crops Crops affected All affected persons (including squatters

Crop compensation in cash at full market rate for harvest losses.

Trees Trees affected All affected persons

Cash compensation shall reflect income replacement.

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Asseta

Specification Affected People Compensation Entitlements

(including squatters)

Business employment

Temporary or permanent loss of business or employment

All affected persons (including squatters)

Business owner: (i) cash compensation equal to one year income, if loss is permanent; (ii) cash compensation for the period of business interruption, if loss is temporary.

Worker/employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.

Relocation Transport and transitional livelihood costs

All affected persons

Provision of sufficient allowance to cover transport expenses and livelihood expenses for one month.

Community assets

Rehabilitation/substitution of the affected structures/utilities (i.e., mosques, footbridges, roads, schools, health centers).

Vulnerable people livelihood

Affected persons below poverty line

Employment priority in project-related jobs during the construction of the motorway, and after the project completion (e.g., road maintenance and roadside businesses).

a Other impacts unidentified may occur in non-core subprojects of Tranche 1 or during the implementation of the core

subproject. Following their identification during subproject preparation or implementation this entitlement matrix and description of compensation entitlements will be revised and updated accordingly.

b Section 3.4 provides a detailed definition of the methodology to evaluate land replacement cost/market value.

4.2.1. Eligibility 55. APs entitled for compensation or at least rehabilitation provisions under the Project are (i) APs losing land and other assets with legal title/traditional land rights will be compensated, and APs will be rehabilitated, as specified in paragraph 56; (ii) tenants and sharecroppers; (iii) owners of buildings, crops, plants, or other objects attached to the land; and (iv) APs losing business, income, and salaries. 56. Compensation eligibility will be limited by a cut-off date to be set for the Project on the day of the approval of this Resettlement Plan by the Government. It is on this date that all impacted persons will be identified and the nature of the impact disclosed. Any land transfers or modifications after this date will be considered affected by the Project and any changes in values a consequence of the information given in the Census and DMS studies. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or suffer any sanction. Forced eviction will only be considered after all other efforts are exhausted. 4.2.2. Compensation Entitlements 57. Entitlement provisions for APs losing land, houses, and income losses and rehabilitation subsidies will include provisions for permanent and temporary land losses, house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below:

Agricultural land impacts. APs with legal title/traditional land rights will be compensated at replacement value in (i) cash at current market rates, or (ii) through replacement land equal in value/productivity to the plot lost. Eventual

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transaction taxes/fees will be paid by the EA or waived by local governments.1 Squatters will be provided with actual crop loss compensation and resettlement assistance (see below).

Residual agricultural land impacts. Residual portions of plots affected by the required ROW which are reduced to less than 400 m2 or rendered unusable by alterations in access, irrigation, or workability will be included in the affected land and compensated as above indicated.

Severe impact losses. When >10% of an AP income or agricultural land is affected, AP (owners, leaseholders, sharecroppers, and squatters) will get an allowance for severe impacts equal to the market value of a year’s net yield of the land lost, in addition to standard crop compensation.

Residential/commercial land. Legal settlers will be compensated at replacement rate either (i) in form of land for land or (ii) cash at current market rates free of transaction costs and depreciation. Renters/leaseholders will receive a 3 months rent allowance. Squatter settlers will be rehabilitated through the provision of a free or leased plot in a public resettlement area or through a self-relocation allowance.

Houses, buildings, and structures will be compensated in cash at replacement cost free of deductions for depreciation, salvaged materials, and transaction costs irrespective of the registration status of the affected item. The cost of lost water and electricity connections will be included in the compensation.

Crops. Cash compensation at current market rates for the gross value of 1 year’s harvest losses. Crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.

Trees. Cash compensation will reflect income replacement (see Section 3.4).

Businesses. If business is lost permanently it will be compensated in cash equal to a 1-year income based on tax declaration or, if unavailable, based on the official minimum salary; temporary business losses will be compensated in cash for the business interruption period based on tax declaration or, if unavailable, official minimum salary of AZN752 per month.

Business workers and employees. Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.

Agricultural land leaseholders, sharecroppers, and workers. Affected leaseholders will receive either a renewal of the lease in other plots or cash corresponding to the annual yield of land lost for the remaining years of the lease up to a maximum of 10 years. Sharecroppers will receive their share of harvest at market rates (if impact is temporary) plus 1 additional crop compensation (if the land is lost permanently). Agricultural workers, with contracts to be interrupted, will get an indemnity in cash corresponding to their salary in cash and kind for the remaining part of the agricultural year (inclusive of both winter and summer crop).

Relocation subsidy. APs forced to relocate will receive a relocation subsidy sufficient to cover transport costs and living expenses for 1 month.

1

Market rates were assessed through a survey of prevalent land prices in subproject areas. The assessment was

carried out by local government institutions. 2 As per Presidential Decree No: 3005 dated 25

th August 2008

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House renters. House renters who have leased a house for residential purposes will be provided with a cash grant of 3 months’ rent at the prevailing market rate in the area and will be assisted in identifying alternative accommodation.

Community Structures and public utilities will be fully replaced or rehabilitated to satisfy their pre-subproject functions.

Vulnerable people (APs below the poverty line) will be given priority in subproject-related jobs.

Graves. In case that a grave is found during the construction of the subproject motorway, the concerned local government may offer a place within the cemetery nearby. The families or relatives of the buried person will also be informed and requested to work with the local government to relocate the grave. If the families and relatives of the buried person cannot be identified, the local government will relocate the grave to an appropriate place. All costs incurred during the relocation of graves will be funded by the Government from the contingency of the resettlement budget.

4.2.3. Land Acquisition Modality 58. Land can be acquired by payment of the appropriate replacement cost in cash or land for land to affected persons. If an affected person disagrees on land compensation rates or refuses to relinquish a needed property for other reasons, ARS can file for expropriation proceeding with the relevant court of law or legal institution. If writ of possession for the needed plot is granted and the amount equivalent to the replacement cost of the affected land is deposited in escrow to the name of the landowner, ARS will then be able to take the property prior to a formal court judgment on the final compensation rates. Land acquisition through negotiation will be taken as the first approach for acquiring land. However, if agreement is not reached, ARS will resort to expropriation. 4.3. Provision for Land for Land Compensation 59. As per the entitlement matrix, the APs losing lease land to the project are entitled for (i) renewal of lease in other plots of equal value/productivity of plots lost; or (ii) cash compensation for affected land at full replacement cost free of taxes, registration and transfer cost. In this project context, all the APs will be provided with option 1. All fees, taxes and cost of transfer will be borne by the Municipality and no additional charges of any kind will be imposed on the lease holders. It has been confirmed that additional land of equal value is available with the Municipalities in the same affected villages. The detailed action plan for the same is presented in the chapter 7.

4.4. Gender Impact and Mitigation Measures 60. In general women compose about one half of the total affected population. Women have important economic roles in project areas and engage in a very wide range of income making activities in the agricultural and marketing sectors. The Project will pay particular attention to ensure that women are the recipients of the compensation pertaining to their activities and that women who are de-facto household heads are clearly listed as beneficiaries of compensation and rehabilitation proceedings under the Project. To ensure the above, the following actions were done:

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Included women in the impact enumerators.

Gender-disaggregated impact assessment of affected households indicated the total number of households and people who are likely to be affected by the Project and establish their pre-project conditions.

Women were invited as participants in the consultations, negotiation of compensation, and and implementation of the RP.

Special attention were given to the impact of resettlement on women and other vulnerable groups.

If asset replacement/relocation is needed, land/house titles were made in name of both spouses.

4.5. Public Participation and Documents Disclosure 61. Officials of rayon, municipal (baladiya) and villages (kant) have been informed about the Project, and they have assisted in carrying out the inventory of affected assets and the Census of APs and DMS. Also, after the drafting of the RP and its submission to project authorities, the APs will be thoroughly informed of the results of the Census and DMS, and their preferences on compensation or other resettlement assistance will be given due consideration for any revisions to the RP. 62. During the project preparation stage in 2007, the NGO, Azerbaijan Women in Development Center assisted in the stakeholder consultation. Their assistance in these consultations included:

Identification of impacted communities and preparation of a listing and timetable of proposed community meetings;

Arranging meetings between local officials and the project preparation consultant to discuss the project and community involvement plans and needs;

Arranging community meeting space;

Announcement of public community meetings in advance of the meetings in public places and media;

Preparation of public meeting space with chairs, presentation area, and display areas for maps and documents;

Distribution of project information materials;

Displaying project map of the alignment and impacted lands and objects;

Collecting names and contact information from participants in public meetings;

Conducting public meetings and making a presentation of the project, its likely impacts, and the policies of ADB and the Government for compensating and mitigating the impacts;

Conducting question and answer sessions to encourage public comment;

Documenting all public comments by audio recording the meeting and transcribing important statements and comments into written form;

Writing a Community Meeting Summary Report that included all the information and drafting recommendations concerning the key points made by the public;

63. During the detailed design stage APs were further informed of their impacts, entitlements and timing of implementation. The consultation also held during the verification of land and valuation of land and valuation of structures. The RP prepared during the project preparation stage was disclosed to APs and also disclosed in ADB website. This updated RP will be made available to the APs at the PIU after approval by ADB. The English version of the RP will be

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disclosed on the ADB website after it is endorsed by ARS. The Azeri version of the RP will be disclosed to the affected persons. A pamphlet in Azeri, summarizing compensation eligibility and entitlement provisions, grievance mechanism, and implementation schedule was disclosed to APs during the verification of ownership by ARS. A copy of the pamphlet is attached as Appendix 1. 64. Details of all consultations carried out with APs are given in Appendix-2. These consultations include: (a) initial consultations carried out in 2007 with local people in the project preparation stage, as noted above in paragraph 62; (b) subsequent consultations carried out with new APs in the detailed design stage; and (c) the formal consultations carried out during implementation of the RP.

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CHAPTER 5: GRIEVANCE REDRESS PARTICIPATION

65. A grievance mechanism will be available to allow an AP appealing any disagreeable decision, practice or activity arising from land or other assets compensation. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, and time of compensation. Care will always be taken to prevent grievances rather than going through a redress process. This can be obtained through careful LAR design and implementation, by ensuring full participation and consultation with the APs, and by establishing extensive communication and coordination between the affected communities, PIU, LAD, and local governments. Complaint and grievances will be addressed through the process described in Table 19.

Table 19: Grievance Resolution Process

Land and Crops Compensation Issues

Step 1 Complaints resolution is first attempted at village levels with the involvement of the PIU and village authorities, NGO, and informal mediators.

Step 2 If still unsettled, a grievance can then be lodged to the Rayon LAR Commission. Within 15 days the Rayon LAR Commission will dismiss the case or recommend its settlements to the PIU on the AP’s terms to ARS.

Step 3 After the Rayon LAR Commission, intervention no solution has been reached a grievance can be directly lodged to the PIU3 (the PIU’s address is provided in the footnote). The AP must lodge the complaint within 1 month after receiving response on the original complaint from the Rayon LAR Commission and must produce documents supporting his/her claim. ARS will provide a response within 15 days of registering the complaint. The PIU decision must be in compliance with the provisions of this RP.

Step 4 Should the grievance redress system fail to satisfy the AP, he/she can pursue further action by submitting his/her case to the appropriate court of law.

66. The LAD field team will assist the PIU in handling complaints. Since the ARS is situated in the capital of city of Azerbaijan, the APs can contact the ARS through the field representative of LAD at Rayon level. The Rayon LAR commission will meet at least once a month to discuss complaints or queries from APs and the general public. The field representative of LAD/PIU will be responsible for recording and following up on complaints received about the project.

3 The Project Implementation Unit is located in the AzerRoadService Open Joint-Stock Company, 72/4, Uzeyir

Hajibeyov Street, AZ1010, Baku (telephone number: +994 12 493 0045).

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CHAPTER 6: INSTITUTIONAL ARRANGEMENTS

67. The implementation of this RP involves different agencies, including ARS (PIU and LAD), State Committee for the Management of State Property, State Land and Cartography Committee, Executive Power, and ADB. 6.1. AzerRoadService Open Joint-Stock Company (ARS) 68. ARS has overall responsibility for the Project, including the preparation, implementation, and financing of all LAR tasks and for interagency coordination. ARS will exercise its functions through the PIU and LAD, which will be responsible for general project execution, and tasked with day-to-day project activities at rayon/subproject levels. For the PIU, LAR tasks will be managed by a specific unit within LAD, which will organize and internally monitor RP preparation, approval, and implementation (including surveys, asset valuation, and community consultation), and LAR-related interagency coordination. In the implementation of these tasks the LAD will be assisted by:

(i) A Resettlement Team provided by the previous project preparation consultant who assisted in LAR planning, implementation, internal monitoring and evaluation, and training of ARS and local governments in the requirements of ADB’s Involuntary Resettlement Policy.

(ii) The Supervision Consultant whose tasks include among others, the provision of assistance in updating the RP, conduct supplemental impact assessment/surveys and prepare monitoring reports including reporting on resettlement activities.

(iii) An External Monitoring Consultant who will conduct external resettlement monitoring/due diligence reporting/third-party validation of the RP implementation.

6.2. Local Governments 69. Local governments at the rayon level have jurisdiction for land administration, valuation, and acquisition while a number of other local officials from the State Land Cartography Committee and State Committee for the Management of State Property will carry out specific roles such as titles identification and verification. Functions pertaining to compensation of assets different from land (i.e., buildings and crops) or income rehabilitation etc will the responsibility of LAD in coordination with Executive Powers at the Rayon level. 70. In cases of leases to private individuals on local lands, the RP provides for the local selection of an option, either the local government replaces the lost lease with a comparable lease elsewhere or ARS provides the individual cash to purchase a comparable lot. ARS cash compensation to the individual would be done in lieu of payments by ARS to the local government for the land taken. In this Project context the APs losing lease lands will be provided with the comparable lease land in the same village by the Municipality. The field representative of LAD will coordinate with the Municipality in this regards and assist the APs. 71. To provide effective interagency coordination and officially endorse the surveys and the compensation rates, in each affected rayon level a special commission will be formed from having representatives from Department of Finance, Rayon Office, Land Cartography Committee, Head of affected Municipalities, LAD, and other relevant authorities and

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organizations. A flow diagram illustrating the sequence of activities to be carried out to implement this RP is shown overleaf in Figure 4.

Figure 4: Land Acquisition and Resettlement Organization Chart and Action

ARS

Ministry of Finance

Land Acquisition Division (LAD)

Technical Assistance Team

PIU

PPTA Consultant

Supervision Consultant

External Monitoring Consultant

Representative of LAD

Representative of Executive Power

Representative of Municipality

Verification

of LARP

Valuation of

Assets

Special Commission for valuation of Properties

Representative of MOF

Representative of LAD

Representative of Executive Power

Representative of Municipality

Notification for

LA to APs

Legal Document

Verification

Land

Registration

Payment of

Compensation

Representative of LAD

Representative of Municipality

District Office of SCMSP

Affected Persons

Representative of LAD

District Office of SCMSP

Agreement between

ARS and APs Representative of LAD

Affected Persons

Representative of Notary Public Office

Representative of LAD

Affected Persons

Ministry of Transport

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CHAPTER 7: RESETTLEMENT BUDGET AND FINANCING

7.1. Compensation of Land Acquisition 72. The compensation for lands taken for the ROW of the motorway accounts for the majority of the resettlement cost for the Project. The calculation of these costs required a detailed measurement survey consisting of legal document collection and scanning, field surveys, staking of the alignment centerline, ROW boundaries, and lots lines, and the accurate mapping of the information in an automated GIS. The lands needed by the ROW and the lots impacted were derived by calculating the intersection of the ROW boundaries with the cadastral lot lines. Table 20 summarizes the compensation cost estimates for lands taken for the ROW based on the prices listed in Table 15.

Table 20: Summary Land Compensation Estimates

Item Private Land Public Land Total

Total lot count 629 270 899

Total area taking (m2) 847,444 632,750 1,480,194

Total amount (AZN) 863,674 268,026 1,131,700

Cost of registration @ 400 AZN per plot 251,600 108,000 359,600

Total amount (AZN) 1,115,274 376,026 1,491,300

7.2. Compensation for Structures Replaced 73. Table 21 below details the affected structures and the recommended compensation based on the unit replacement costs provided in Table 21.

Table 21: Structures Compensation Estimates

Item Location Type of

Structure Owner

Structure Type

Structure Size (m2)

Unit Replacement Cost (AZN)

Total Replacement Cost (AZN)

1a Yeddioymag II Private Farm 66 60 3,960

2a Girdani Private Commercial 45 72 3,240

3a Girdani Private Shop 20 72 1,440

4a Girdani Private Shop 16 72 1,152

Total 9,792

74. The businesses affected by the Project are temporary loss and therefore as per the entitlement matrix, a three month average wages (3 x AZN300) will be provided to each of the APs. In addition, there is a provision for relocation subsidy of AZN500 to cover transport and one month living expenses which will be paid to the four families only needing physical relocation of their business establishments. In the case of the 16 affected lease holders this relocation subsidy will not be paid as they are not losing any structures and therefore do not require transportation and transitional accommodation. The two APs losing their employment temporarily are eligible for 3 months average wages (3 x AZN 300) and accordingly provision is made in the budget. The details of rehabilitation allowances to APs losing business and employment, as well as relocation and transport allowances as per the entitlement matrix are summarized in Table 22.

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Table 22: Business Rehabilitation Estimates

Sl. No. Rehabilitation No. of APs

Duration Unit Cost

(AZN) Total (AZN)

1 Rehabilitation allowance to APs losing business temporarily

4 3 months 300 3,600

2 Relocation subsidy to cover transport and one month living expense

4 One time 500 2,000

3 Rehabilitation allowance to APs losing employment temporarily

2 3 months 300 1,800

Total 7,400

7.3. Compensation for Land Leases Impacted 75. As per the Project entitlement matrix, alternative lands were identified in the affected villages in consultation with the concerned Municipalities. On confirmation of availability of additional land of same quality in the field representative of LAD/ARS have consulted with the leaseholders and the findings and arrangements made thereafter are presented in the Table: 23. The cost of registration and other required fees if any will be borne by the EA and not by the lessee.

Table: 23: Arrangement for providing lease land

Name of the Village

Impacts Action Plan

State Agricultural Land (km-11-16)

11 leaseholder

In the case of state land all leaseholders were offered alternate lease land but nobody is interested because only small portion of their plot is being affected and they have confirmed that they are content with the remaining land.

Yeddioymag II 1 leaseholders with Structure

The leaseholder losing his land with structure will be provided compensation for structure and he is satisfied with remaining land and does not want alternative land

Boladi 2 leaseholders

The two leaseholders in Boladi village have been advised of their rights in this matter but they have chosen not to claim for alternative lease land to replace the land being taken and they are satisfied with the remaining land.

7.4 External Monitoring/Third Party Validation 76. An external monitoring consultant will be hired for the external monitoring and evaluation of the Project. The total cost of external monitoring is estimated at $40,000. The cost estimates are presented in Table 24.

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Table 24: Estimated budget for external resettlement monitoring

Item Quantity Total Cost ($)

Remuneration for External Monitoring Consultant 2 months 20,000 Survey and Reporting Lump sum 12,000 Transport and Communication Lump sum 5,000 Miscellaneous Lump sum 3,000

Total 40,000

7.5 Summary Resettlement Budget 77. The total cost of resettlement is estimated at $ 2.21 million as presented in Table 25.

Table 25: Summary Resettlement Budget

Item Cost (AZN) Cost ($)

Compensation for land 1,491,300 1,864,125

Compensation for structure 9,792 12,240

Assistance for Business Rehabilitation 7,400 9,250

External Monitoring 32,000 40,000

Base Cost 1,540,492 1,925,615

Contingency (15% of base costs) 231,074 288,842

Total 1,771,566 2,214,457

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CHAPTER 8: STAKEHOLDER CONSULTATION

8.1. Stakeholder Consultation 78. Stakeholder consultations were held at three stages: (i) a poverty and social assessment survey carried out along the whole road corridor and based on a statistical sample; (ii) a specific questionnaire included in the census survey, and (iii) public meetings in the impacted villages. 8.1.1 Perceptions of Economic Vulnerability 79. When asked how people perceived themselves in terms of economic vulnerability associated with low-incomes and financial instability, a majority or 361 households believed that their have experienced difficulties. When asked about their economic well being and expectations for income increase, only 19% of the surveyed households believed that their total income would increase next year. All the households affected in the Project are landholders and above poverty line. The data collected during the community consultations revealed the extent of the concerns of the APs about the subproject and their understanding of potential subproject impacts on their livelihoods. These concerns and views are summarized in Table 26.

Table 26: APs’ Perceptions of Economic Vulnerability

Location Perceptions Households of Their Economic Vulnerability

Yes No Urban 46 29 Rural 315 123 Massalli 21 6 Lenkaran 195 121 Astara 145 25 Total 361 152

8.1.2 Perceived Subproject Disadvantages 80. The surveyed APs’ prime concern is the loss of land, houses, and property as a result of resettlement. About half of the surveyed households perceive this factor as the major negative impact of the subproject (Table 27). To deal with this concern, efforts were made in assessing alternative alignments and selecting a final alignment with minimal impacts on residences. Numerous special design mitigations were also developed including the reduction of ROW requirements in congested areas, the construction of sound and sight attenuation walls, special underpasses, and special interchange designs.

Table 27: Perceived Largest Disadvantage of the Project

Item Number %

House relocation 245 47.8 Pollution 137 26.7 Lack of safety 50 9.7 Migration 26 5.1 Adverse impact on living conditions 25 4.9 Adverse impact on income 11 2.1 Destruction of water conservancy facilities 5 1.0 Health risks 3 0.6

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Item Number %

Do not know 2 0.4 Others 7 1.4 Number of responses 511 99.6 Number of non-responses 2 0.4 Total of surveyed households 513 100.0

8.1.3 Perceived Project Advantages 81. The subproject’s major benefits perceived by the surveyed households are (i) convenience of travel, and (ii) job creation. Among those, 64% believed that the improved travel conditions are the most apparent benefit of the subproject, while 20% regarded creation of job opportunities as the major positive outcome of the subproject (Table 28).

Table 28: Perceived Major Benefits of the Subproject

Item Number %

Convenience of travel 331 64.5 Job creation 103 20.1 Convenient transport of goods 34 6.6 Increase in family income 28 5.5 Development of local business 10 1.9 More information for business 5 1.0 Number of responses 511 99.6 Number of non-responses 2 0.4 Total number of surveyed households 513 100.0

82. On the whole, despite the expressed concerns about the resettlement impact, there is a positive outlook on the subproject by the communities, especially their leadership and local governments. The largest project benefits are perceived by those directly affected households who will be compensated for the affected land or other property. In the surveyed communities, increased employment opportunities due to construction activities are expected. Construction phase is expected to have a positive benefit on the social environment of the communities through better opportunities to earn income, such as civil works and other activities that will require local labor during construction. In addition, the APs expressed positive views on the subproject as it would improve transportation between Azerbaijan and Iran and Turkey, improve the country’s access to world markets, and attract foreign investors. 83. The interviewed APs also indicated that having a transparent and truthful dialogue with the communities, local governments, and the Project the implementing agencies would contribute greatly to the success of the subproject. Even though APs expressed their positive views on the Project, many are not confident about the process. 8.2. Stakeholder Meetings in the Villages 84. Four consultation meetings involving 8 affected villages were conducted during the week of 17 April 2007. The meetings were held in Boladi, Liman, Girdani, and Urga. At these meetings, a presentation in Azeri was made detailing the Project and compensation policies that would be adopted with affected persons. Maps of all the impacted lots were presented. A question and answer session followed the presentation. The questions received and comments

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made at the meetings, and the actions taken during the preparation of this RP and the detailed design are summarised in Table 29.

Table 29: Stakeholder Questions and RP Action

Question Response

How will we get to our land after the Project is built?

The Project will include a frontage road on either side of the road and agricultural underpasses connecting both sides. Underpasses will be located at existing access roads or every 500 meters.

Will the irrigation system be maintained?

All irrigation systems will be preserved and enhanced as part of the Project, and will be maintained during construction to the fullest extent possible.

My title has problems, will I still be paid?

Clear title is not a requirement for compensation. Proof of use and dependency by a local authority is sufficient.

Can you avoid taking my house?

In most cases houses will not be taken by a careful selection of the alignment and reduction in ROW widths at critical points. No dwellings will be demolished though one dwelling will get full replacement compensation due to an impact on a corner of the lot.

How much will I be paid? We can speak to the village unit price standards today. When ARS approves the RP, a full list of names and amounts will be distributed.

When will I be paid? We do not know this date now. However, no construction will begin until everyone is paid.

How much will I be paid to construct the road?

All construction will be by competitive bid and the wages paid will be determined by the winning contractor.

Can I still graze my animals on the ROW?

The entire motorway will be fenced to keep grazing animals off the road. However, the fencing will be at the top of the embankment so that all the ROW embankment will be open to grazing.

85. Several round of consultation were carried out during the later stages of project planning. During the verification of land acquisition plan and at the time of valuation of properties the APs, their representatives at Municipality and Rayon level were consulted by LAD/ARS. The special commission constituted including representative of ARS, MOF, Executive Powers and Municipality consulted with AP at various level. APs were also consulted at the time of updating the RP on the valuation of land and structures. The summary entitlement and institutional framework in the form of a pamphlet was disclosed to the APs during the process of verification of ownerships. 86. The consultation process will continue till the end of the Project. The APs will be consulted during implementation of RP and involved in the process of land acquisition and rehabilitation phase. Individually APs will be contacted by LAD for notification of land acquisition and payment of compensation.

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CHAPTER 9: IMPLEMENTATION PLAN AND SCHEDULE

9.1. Responsibilities for Land Acquisition and Resettlement 87. The institutional, organizational, and staffing issues of LAD were evaluated in the preparation stage of the project to determine the scope and capability of present ARS operations for land acquisition support.4 In anticipation of the needs of the Road Network Investment Program, LAD in ARS was established in July 2005. The main responsibility of LAD is to coordinate all LAR activities undertaken by ARS, including consultation with, and information disclosure to, affected persons and organizations; liaison with government agencies on approval and clearances for land acquisition and resettlement plans, preparation of land compensation documents for submission to the Ministry of Finance for approval and budget allocation to ARS. ARS manages the payment process using the budgeted funds provided by the Ministry of Finance for the authorized purchases consistent with the approved RP. 88. The LAD is directed by a chief assisted by Deputy Chief and supported by 11 engineers and two technical assistants. Its office is located in Baku, the Capital city of Azerbaijan. Automated office equipment is available for use. However, there is a continuing reliance on paper documentation and limited automation of records. Field logistical support for LAD was limited in the early project preparation stages: however this support has been significantly strengthened in 2010. 89. LAD staff previously had limited experience in resettlement planning and implementation consistent with ADB’s Involuntary Resettlement Policy. LAD participated in the implementation of a number of road investment projects,5 but has yet to formally establish standard operating procedures consistent with ADB policies and relies on established expropriation procedures. A Procedural Guideline has been formulated by consultants6 and discussed with LAD as the basis for standard operating procedures for resettlement planning and implementation consistent with ADB guidelines. The ADB-assisted East–West Highway Improvement Project included an institutional strengthening component that will build the capacity of LAD staff for preparation and implementation of resettlement planning documents for road investment projects through consulting services and training.7 This institutional strengthening component has now been implemented by a team of international and national consultants. An intensive training program has also been carried out as a sub-component of Project 1 of the MFF to develop LAD’s capacity for planning, implementation, monitoring, evaluation, and reporting of resettlement activities. ADB’s support for capacity development will enable ARS to fully implement the RP under the Project. The procedure to be followed in preparation and implementation of the LARP is as discussed below: 90. Preparation of LARP: On approval of alignment by ARS and completion of detailed design the LAD will prepare the land acquisition and resettlement plan in consultation with Executive Power at Rayon level, representatives of APs in Rayon and Municipalities and APs.

4 Rhein Ruhr International, Phase I: Capacity Building for LAD-RTSD on Land Acquisition and RAP Preparation Draft

Final Report, September 2006. 5 Including the Baku circumferential road project, Baku–Qazakh road project, Baku–Russian border road project, and

the 22 km section of the Alyat–Masalli motorway project, where involuntary resettlement was involved, though not to the degree expected in the Masalli–Astara section.

6 ibid.

7 ADB. 2005. Report and Recommendation of the President to the Board of Directors on Proposed Loans to the

Republic of Azerbaijan for the East–West Highway Improvement Project. Manila.

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91. Verification of LARP: During the implementation stage a field verification of the LARP will be carried out by LAD and representatives of APs at Rayon and Municipality level through comparison of LARP with the cadastral maps of the concerned villages 92. Valuation of Assets: After verification of the LARP a commission will be formed involving representatives from MoF, LAD, Municipality and Executive Power for valuation of affected assets as per LARP. The commission will calculate and fix the unit prices based on productivity of land and replacement value of land. A 20% of the compensation value also added on top of the land value as per Presidential Decree No. 506-IIIQD (December 2007). 93. Notifications to APs for Acquisition: On completion of verification of LARP, the LAD will contact the APs through the representatives of respective Municipalities and individually notify each AP about purpose of acquisition, area of impact and compensation amount etc.

94. Verification of Ownership and legal Status: The LAD will submit the validated list of APs to district office of the SCMSP for verification of ownership and legal status of the assets proposed for acquisition. The SCMSP at the district will independently verify the ownership records, whether the property is mortgaged or any loan taken from bank, whether any restriction imposed by any court on use of land, authenticity of current user and current land use of each affected assets. After verification to their satisfaction the State Property Committee issued Form-1 certifying no objection for any sale, transfer or acquisition of the said property. 95. Signing of Agreement with APs: On the basis of Form-1 certification obtained from the State Property Committee, the LAD will submit its proposals to the Notary Public Office at Rayon level for the preparation of agreement. An agreement will be signed between the APs and the authorized officer of ARS in front of Notary Officer. The signed agreements were attested by the Rotary Officer and one copy in original will be provided to the APs. In the event that the AP does not agree with the offered compensation amount, ARS will file expropriation at the court, deposit in the court the compensation amount, and request the court for the issuance of writ of possession. 96. Payment of Compensation: After signing of the agreements the APs will furnish the original copy of their agreement at the designated bank and receive the agreed compensation amounts in cheques or transferred to their personal accounts. 97. Reregistering Alternate Lease Land: The APs losing lease land will be provided with alternative lease land. The field representative of ARS/LAD will coordinate with the owners of these lands i.e. Municipality, State department for identifying comparable land in the same Municipality in consultation with APs. The field representative of ARS/LAD will also coordinate with Rayon level SCMSP staff and assist APs in getting reregistered in their name.

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9.2. Implementation Schedule 98. The implementation schedule for the RP is shown in Table 30.

Table 30: Implementation Schedule

Activity Name 2009 2010 2011

Q-3 Q-4 Q-1 Q-2 Q-3 Q-4 Q-1

Verification of RP by LAD

Valuation of assets

Updating of RP by ARS

Review and approval of Final RP by ADB

Notifications to APs for acquisition

Signing of agreements with APs

Payment of Compensation/ Identification and discussion on alternative land leases

Submission and review of RP completion report by PIU/LAD and compliance report by EMC

Reregistering of alternative land leases

Award of Civil Work Contracts

Start of Civil Work

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CHAPTER 10: MONITORING AND EVALUATION

99. In accordance with ADB’s Resettlement Policy, all loan projects that result in land acquisition and resettlement need to be properly monitored and evaluated. To ensure that the Project is implemented in compliance with the provisions of the RP, both internal and external monitoring will be carried out during and after the implementation of the RP. Internal monitoring will be conducted by ARS, while external monitoring will be carried out by a dedicated team provided by the construction supervision consultant.

10.1. Internal Monitoring

100. Internal monitoring will be carried out by LAD/PIU, with assistance from the Supervision Consultant, to assess the progress and results of RP implementation and adjust the work program, if necessary. Indicators for internal monitoring will be those related to process and immediate outputs and results. Specific internal monitoring indicators are shown in Table 31.

Table 31: Internal Monitoring Indicators

Monitoring Indicators

Basis for Indicators

Budget and Timeframe

Have all land acquisition and resettlement staff been appointed and mobilized for the field and office work on time?

Have capability building and training activities been completed on schedule?

Have resettlement implementation activities been achieved according to the agreed plan?

Are funds for resettlement being allocated to the resettlement agencies on time?

Have resettlement offices received the scheduled funds?

Have funds been disbursed to the affected families according to the RP?

Has all land required been acquired in time for project implementation?

Delivery of AP Entitlements

Have all APs received complete entitlements according to numbers and categories of loss set out in the entitlements matrix?

Have all APs received complete payments on time?

Have all APs losing temporary land been compensated?

Have all APs received the agreed transport costs, relocation costs, income substitution support and resettlement allowances, according to schedule?

Have all replacement land plots or leases been provided?

Is the AP occupying a new house?

Is restoration proceeding for social infrastructure and services?

Are APs able to access schools, health services, cultural sites, and activities?

Are income and livelihood restoration activities being implemented as set out in the income restoration plan?

Have the affected businesses received entitlements including transfer and payments for net losses resulting from lost business and stoppage of production?

Consultation, Grievance and Special Issues

Have consultations taken place as scheduled?

Have resettlement booklets and announcement been delivered?

How many APs know their entitlements? How many know if they have been received?

Has any AP used the grievance redress procedures? What were the outcomes?

Have conflicts been resolved?

39

101. LAD/PIU will undertake internal monitoring through the following instruments: (i) review of census information for all APs, (ii) consultation and informal interviews with APs, (iii) in-depth case studies, (iv) sample surveys of APs, and (v) community public meetings. The results will be reported to ADB through the monthly progress reports. ARS will also submit a resettlement completion report to ADB.

10.2. External Monitoring/Third Party Validation 102. External monitoring/third party validation will be carried out by an external monitoring consultant (EMC) to be hired by ARS and approved by ADB. The EMC will be selected from NGOs, academic institutions, consulting firms, or individual resettlement specialists. Results of the external monitoring will be communicated to the PIU and ADB through a due diligence report to be prepared once the RP has been fully implemented. 103. The external monitoring consultant will (i) review and verify internal monitoring reports prepared by LAD and PIU; (ii) review the socioeconomic baseline census information of pre-displaced persons; (iii) identify and select impact indicators; (iv) undertake impact assessment through surveys with affected persons; (v) consult APs, government officials, community leaders for preparing review report; and (vi) assess the resettlement efficiency, effectiveness, impact, and sustainability to draw lessons for preparation and implementation of future resettlement planning documents. 104. The external monitoring / third party validation will be based on (i) the procedures and guidelines of ADB as set out in the Handbook on Resettlement (Manila, 1998); (ii) relevant laws, policies, and regulations in Azerbaijan; (iii) RF and RP of the Project; and (iv) the general principle that AP’s livelihood should be better or at least remain at the present level after completion of the Project. 105. External monitoring / third party validation will involve sample surveys, case studies, investigation of key problems, group interviews of important informants, follow-up visits, field observations, and analysis of correlative data collected by local governments and ARS. 106. The following indicators will be monitored and evaluated in accordance with the principles, entitlements, and rehabilitation strategies and plans stated in the RP: Specific external monitoring indicators required for the subproject are in Table 32.

Disbursement of entitlements to the APs and enterprises/businesses: Compensation for housing, cultivated farmland, and employment as specified in the RP will be detailed.

Development of economic productivity: Reallocation of cultivated land, land restoration, job opportunities available to the APs, number of APs employed or unemployed will be documented.

Provision of alternative housing: The APs must move into their alternative housing at least one month before the relocation. For those opting for self-construction, payment of compensation and provision of housing sites should be completed at least three months before the relocation. The compensation for construction of houses should be equivalent to the replacement cost. The APs must receive as scheduled their entitlements regarding moving allowance and transportation allowance.

40

Restoration of basic infrastructure and special facilities: All necessary infrastructure and special facilities should be restored at the resettlement sites at least up to a standard equal to the standard at the original location; the compensation for all infrastructure and special facilities should be sufficient to reconstruct it to the same quality.

Level of satisfaction of APs: The level of satisfaction of the APs with various aspects of the resettlement program and the operation of the mechanisms for grievance redress will be reviewed and the speed and results of grievance redressing measures will be monitored.

Standard of living: Throughout the implementation process, the trends in standards of living will be observed and the potential problems in the way of restoration of standards of living will be identified and reported. The monitor will carry out a comprehensive socioeconomic survey after the completion of resettlement implementation to document the standards of living and the conditions of the APs after resettlement. The survey will be conducted annually for two years, or until most affected households have fully restored their living standards and income generation.

Reemployment of affected staff and workers, and compensation of lost wages.

Social adaptability and cohesion: Impacts on children, the elderly, and other vulnerable groups, public participation, AP’s attitudes and reactions to post resettlement situation, number of complaints and appeal procedures and resolution, implementation of preferential policies, income restoration measures, and improvements in women’s status will be described.

Care and attention to vulnerable groups, especially those that will face hardships due to resettlement: Closely monitor living conditions of elderly, the handicapped, the poor, and other vulnerable groups after resettlement to ensure that no hardship is experienced.

Information on utilization and adequacy of resettlement funds.

Table 32: External Monitoring Indicators

Monitoring Indicator

Basis for Indicators

Basic Information on AP Households

Location

Composition and structure: ages, educational and skill levels

Gender of household head

Ethnic group

Access to health, education, utilities, and other social services

Housing type

Land and other resource ownership and utilization patterns

Occupations and employment patterns

Income sources and levels

Agricultural production data (for rural households)

Participation in neighbourhood or community groups

Access to cultural sites and events

Value of all asset forming entitlements and resettlement entitlements

Benefit Monitoring

What changes have occurred in terms of patterns of occupation, production, and resource use compared to the pre-project situation?

What changes have occurred in income and expenditure patterns compared to the pre-project situation?

What have been the changes in cost of living compared to the pre-project situation?

41

Monitoring Indicator

Basis for Indicators

Have APs’ incomes kept pace with these changes?

What changes have taken place in key social and cultural parameters relating to living standards?

Restoration of Living Standards

Were house compensations made free of depreciation, fees or transfer costs to the APs?

Have perceptions of community been changed?

Have the AP achieved replacement of key social and cultural elements?

Restoration of Livelihood

Were compensation payments free of deduction for depreciation, fees or transfer costs to the AP?

Were compensation payments sufficient to replace lost assets?

Was sufficient replacement land available of suitable standard?

Did transfer and relocation payments cover these costs?

Did income substitution allow for re-establishment of enterprises and production?

Have enterprises affected received sufficient assistance to re-establish themselves?

Do jobs provided restore pre-project income levels and living standards?

Levels of AP Satisfaction

How much does the AP know about resettlement, procedures and entitlements?

Do they know if these have been met?

How do the AP assess the extent to which their own living standards and livelihoods

Have been restored?

How much does the AP know about grievance and conflict resolution procedures?

How did resettlement implementers deal with unforeseen problems?

Effectiveness of Resettlement Planning

Were the AP and their assets correctly enumerated?

Were land speculators assisted?

Was the time frame and budget sufficient to meet objectives?

Were entitlements too appropriate (wide or narrow)?

Were vulnerable groups identified and assisted?

Other Impacts Were there unintended environmental impacts?

Were there unintended impacts on employment or incomes?

APPENDIX 1

PAMPLET FOR LOCAL DISCLOSURE

Köçürülmə üzrə broşura

Hissə A-Masallı-Girdəni hissəsi Köçürülmə Planı (KP) Asiya İnkişaf Bankının (AİB) Məcburi Köçürülmə siyasətinə və Azərbaycan Respublikasının torpaq satınalınması və köçürülmə (TSK) üzrə qanun və hüquqi-normativ aktlarına, o cümlədən AİB və Hökumət arasında razılaşdırılmış Köçürülmə Çərçivəsinə uyğun olaraq hazırlanıb. Burada, təklif olunan A Hissəsi: Masallı-Astara avtomobil yolunun Masallı-Girdəni hissəsinin tikintisi (sublayihə) zamanı meydana çıxacaq mənfi təsirlərin kompensasiyası üzrə siyasi çərçivə, kompensasiya/reabilitasiya şərtləri, smeta və icra cədvəli öz əksini tapır. AİB Multitranş maliyyə vasitələri ilə maliyyələşdirilən Yol Şəbəkəsi İnvestisiya Proqramının Tranş 1 layihəsi əsasında ilkin olaraq həyata keçiriləcək iş sublayihənin hazırlanmasıdır. Layihə qeyri-mürəkkəb, otlaq və boş torpaq sahələrdən keçir. Sublayihənin təsirinə yalnız 2 mövcud tikili/kommersiya müəssisəsi məruz qalır. Bu KP 2007-ci ilin sentyabr ayında hazırlanmış KP-nın yenilənmiş versiyasıdır. Bu plan tamamlanmış müfəssəl layihələndirməyə əsaslanan köçürülmə təsirləri və kompensasiya tədbirlərini özündə əks etdirir.

Nəqliyyat Nazirliyi İcraçı, AzərYolServis Açıq Səhmdar Cəmiyyəti (AYS ASC) isə layihəni

həyata keçirən orqan kimi çıxış edir və TSK üzrə tapşırıqların hazırlanması, icrası və maliyyələşdirilməsi, o cümlədən təşkilatarası koordinasiyasının qurulması üzrə məsuliyyət daşıyır. AYS öz vəzifələrini gündəlik layihə işləri ilə məşğul olan Layihə İşçi Qrupu (LİQ) vasitəsilə yerinə yetirəcəkdir. LİQ üçün TSK tapşırıqlarını KP hazırlanmasını və icrasını təşkil edən (planaalma, aktivlərin qiymətləndirilməsi və icma konsultasiyaları), o cümlədən bu işlər üzrə daxili monitorinq məsələləri ilə məşğul olan, TSK – ilə əlaqədar təşkilatarası koordinasiyanın qurulmasını həyata keçirən Torpaq Satınalma Şöbəsi (TSŞ) idarə edəcəkdir. Layihə hüquq çərçivəsi Layihə üzrə TSK məsələləri kompensasiya almaq hüququna və şərtlər çərçivəsinə, Azərbaycan qanunlarına və hüquqi-normativ sənədlərinə, o cümlədən AİB siyasətinə müvafiq olaraq həyata keçiriləcəkdir.

Kompensasiya matrisi

Əmlak a Xüsusiyyət Təsirə məruz

qalacaq insanlar Kompensasiya almaq hüquqları

Fermer/Torpaq aktın sahibi

• İtirilmiş torpaq sahəsi ilə eyni dəyərdə və münbitlikdə olan torpaq ilə kompensasiya, və ya;

• Bazar qiymətlərinəb əsaslanan əvəzetmə dəyəri ilə vergi, qeydiyyat və köçürülmə xərcləri çıxmaqla nağd pulla kompensasiya.

• Tələb olunan YTZ-nın təsiri altına düşən və sahəsi 400 kvadrat metrdən az olan qalıq torpaq sahəsi və ya layihə nəticəsində yanaşmaları, suvarılması və ya istifadə yararlılığı pozulan bu torpaq hissələri təsirə məruz qalacaq mülkiyyət siyahısına daxil ediləcək və yuxarıda göstərildiyi kimi kompensasiya olunacaqdır.

İcarədar

• İtirilmiş torpaq sahəsi əvəzinə eyni dəyərdə/münbitlikdə olan digər torpaqlarda icarənin yeniləşdirilməsi və ya

• təsirə məruz qalacaq torpağın əvəzetmə dəyəri ilə vergi, qeydiyyat və köçürülmə xərcləri çıxmaqla nağd pul kompensasiyası.

Məhsul şərikləri

• Bir (müvəqqəti təsir) və ya iki dəfə (daimi təsir) itirilmiş məhsula görə bazar qiyməti dəyərində nağd pul ilə kompensasiya.

Əkinə yararlı torpaqlara daimi təsir

Təsirin səviyyəsindən asılı olmayaraq bütün torpaq itkiləri

İş yerini itirən kənd təsərrüfatı işçiləri

• Kənd təsərrüfatı məşğuliyyətinin qalan müddəti üzrə işçinin maaşına (o cümlədən natura ilə ödənilən) müvafiq nağd pul kompensasiyası.

Əmlak a Xüsusiyyət Təsirə məruz qalacaq insanlar

Kompensasiya almaq hüquqları

Qeyri-qanuni məskunlaşmış insanlar

• Faktiki məhsul itkisinə görə kompensasiya və köçürülməyə yardım (aşağıda göstərilmişdir).

Fermer/ Torpaq aktın sahibi / İcarəçi

• Təsirə məruz qalacaq torpağın 1 illik ümumi məhsulun xalis bazar dəyərinə bərabər ciddi təsirə görə 1 təzminat (qış və yay məhsulu daxil olmaqla, o cümlədən standart məhsul kompensasiyasına əlavə).

Ciddi təsirlərə görə əlavə müddəalar (10%-dən çox torpaq itkilərinin) Məhsul şərikləri

• İtirilmiş məhsulda payın bazar dəyərinə bərabər ciddi təsirə

görə 1 təzminat (standart məhsul kompensasiyasına əlavə). Qeyri-qanuni

məskunlaşanlar • Təsirə məruz qalacaq torpağın 1 illik ümumi məhsulun bazar

dəyərinə bərabər ciddi təsirə görə 1 təzminat (standart məhsul kompensasiyasına əlavə) .

Torpaq aktın sahibi • Dəyəri eyni, yerləşmə ərazisi oxşar olan torpaq sahəsinin təmin edilməsi vasitəsilə itirilmiş torpağa görə kompensasiya və ya

• Təsirə məruz qalacaq torpaq üçün vergi, qeydiyyat və köçürülmə xərcləri çıxmaqla nağd pul ilə kompensasiya.

İcarəçi / icarədar • 1-3 aylıq təzminat

Yaşayış/ kommersiya torpaqları

Qeyri-qanuni məskunlaşanlar

• Dövlət köçürülmə ərazisində yerləşdirilmə və ya özü tərəfindən köçürülmə üçün təzminat .

Bina və tikililər

Bütün müvafiq TMƏ (o cümlədən Qeyri-qanuni məskunlaşanlar)

• Sökülmə zamanı əldə ediləcək materiallar, amortizasiya və əməliyyat xərcləri çıxılmaqla təsirə məruz qalacaq tikililər və digər əsas vəsaitlər üçün əvəzetmə dəyəri ilə nağd pul kompensasiyası. Qismən təsir olduğu təqdirdə, qalan tikililəri bərpa etmək üçün tam pul yardımı.

Məhsul Təsirə məruz qalacaq məhsul

Bütün müvafiq TMŞ (o cümlədən qeyri-qanuni məskunlaşanlar)

• Faktiki itirilmiş məhsul üçün tam bazar dəyəri ilə məhsulun nağd pul ilə kompensasiyası.

Ağaclar Təsirə məruz qalacaq ağaclar

Bütün müvafiq TMŞ (o cümlədən qeyri-qanuni məskunlaşanlar)

• Nağd pul kompensasiyası gəlirin əvəzini əks etdirməlidir.

Məşğulluq Biznesin və məşğulluğun müvəqqəti və ya daimi itirilməsi

Bütün müvafiq TMŞ (o cümlədən qeyri-qanuni məskunlaşanlar)

• Biznesin sahibi: (i) itki daimidirsə, bir illik gəlirə bərabər nağd pul kompensasiyası; (ii) itki müvəqqətidirsə, biznesin dayandırılması müddəti üçün nağd pul kompensasiyası.

• İşçilər/fəhlələr: maksimum 3 ay olmaqla biznesin dayandırılması müddətində itirilmiş əmək haqqının kompensasiyası.

Köçürülmə Nəqliyyat və keçid dolanışıq xərcləri

Köçürülmə nəticəsində təsirə məruz qalacaq bütün şəxslər

• Bir aylıq nəqliyyat xərclərini və dolanışığa çəkilmiş xərcləri ödəmək üçün kifayət qədər təzminatın verilməsi.

İcma əmlakı • Təsirə məruz qalacaq tikililərin/obyektlərin reabilitasiyası / əvəz edilməsi (məscidlər, piyadalar üçün körpülər, yollar, məktəblər, sağlamlıq mərkəzləri və s.)

Həssas əhalinin dolanışığı

Yoxsulluq xəttindən aşağı yaşayan TMŞ

• Avtomobil yolunun tikintisi ərzində və layihə sona çatdıqdan sonra layihə ilə bağlı işlərlə məşğul olmaq üstünlükləri (məs. yolun istismarı və yol kənarı ticarət işləri).

a. Tranş 1-in əsas olmayan sub-layihələri və ya əsas sub-layihələrin icrası zamanı indiyədək aşkar edilməmiş digər təsirlər meydana çıxa bilər. Sub-layihələrin hazırlanması və ya icrası zamanı bu təsirlər meydana çıxandan sonra kompensasiya almaq hüquqları matrisinə yenidən baxılacaq və müvafiq olaraq yeniləşdiriləcəkdir. b. Bölmə 3.4 əvəzetmə dəyərinin / bazar dəyərinin qiymətləndirilməsi metodologiyasının detallı təsvirini əhatə edir.

APPENDIX 2

SUMMARY CONSULTATION MATRIX

Masalli – Astara Motorway

Resettlement Plan for Section A: Masalli to Girdani

Summary Consultation Matrix

Date Location Participants Key Matters Raised and

Agreements Made

19 April 2007 Boradigah Village Masalli Rayon

Residents of Boradigah Village:

44 people

Municipality:

M. M.N. Guliyev, Boradigah Village

Municipality

PPTA Consultant:

D. Malick, Team Leader

R. Khojayev, Resettlement Specialist

P. Mammadova, Women and

Development NGO and 4 other

representatives

I. Ilyasova, Project Co-ordinator

H. Rahimov, Topographer

Local residents informed about

the proposed Masalli – Astara

motorway project and the need

for acquisition of 60 metre

wide strip to accommodate the

new motorway. Land

acquisition will be carried out

following the ADB Involuntary

Resettlement Policy. The

Azerbaijan Government will

pay compensation to all local

residents whose land is

required for the project at rates

to be agreed by the

Government which will be in

line with market rates.

Compensation payments will

be made before construction

work starts. There will be

procedures in place for any

disagreements over

resettlement and

compensation rates to be

initially referred to the Ministry

of Transport, and they to the

local courts.

19 April 2007 Liman Town Lenkaran Rayon

Residents of Liman Town:

85 people

Municipality:

Z. Dadashev, Deputy Chairman of

Liman Town Municipality

8 other Municipality officers

PPTA Consultant:

D. Malick, Team Leader

R. Khojayev, Resettlement Specialist

P. Mammadova, Women and

Development NGO and 4 other

representatives

I. Ilyasova, Project Co-ordinator

H. Rahimov, Topographer

Local residents informed about

the proposed Masalli – Astara

motorway project and the need

for acquisition of 60 metre

wide strip to accommodate the

new motorway. Land

acquisition will be carried out

following the ADB Involuntary

Resettlement Policy. The

Azerbaijan Government will

pay compensation to all local

residents whose land is

required for the project at rates

to be agreed by the

Government which will be in

line with market rates.

Compensation payments will

be made before construction

work starts. There will be

procedures in place for any

Date Location Participants Key Matters Raised and

Agreements Made

disagreements over

resettlement and

compensation rates to be

initially referred to the Ministry

of Transport, and they to the

local courts.

20 April 2007 Urga Village Masalli Rayon

Residents of Urga Village:

34 people

Municipality:

M. Farzaliyev, Chairman of Urga

Village Municipality

3 other Municipality officers

PPTA Consultant:

D. Malick, Team Leader

R. Khojayev, Resettlement Specialist

P. Mammadova, Women and

Development NGO and 4 other

representatives

I. Ilyasova, Project Co-ordinator

H. Rahimov, Topographer

Local residents informed about

the proposed Masalli – Astara

motorway project and the need

for acquisition of 60 metre

wide strip to accommodate the

new motorway. Land

acquisition will be carried out

following the ADB Involuntary

Resettlement Policy. The

Azerbaijan Government will

pay compensation to all local

residents whose land is

required for the project at rates

to be agreed by the

Government which will be in

line with market rates.

Compensation payments will

be made before construction

work starts. There will be

procedures in place for any

disagreements over

resettlement and

compensation rates to be

initially referred to the Ministry

of Transport, and they to the

local courts.

20/04/07 Girdani village Residents of Liman Town:

55 people

Municipality:

A. Mehdiyev, Chairman of Girdani

Village Municipality

4 other Municipality officers

PPTA Consultant:

D. Malick, Team Leader

R. Khojayev, Resettlement Specialist

P. Mammadova, Women and

Development NGO and 4 other

representatives

I. Ilyasova, Project Co-ordinator

H. Rahimov, Topographer

Local residents informed about

the proposed Masalli – Astara

motorway project and the need

for acquisition of 60 metre

wide strip to accommodate the

new motorway. Land

acquisition will be carried out

following the ADB Involuntary

Resettlement Policy. The

Azerbaijan Government will

pay compensation to all local

residents whose land is

required for the project at rates

to be agreed by the

Government which will be in

line with market rates.

Compensation payments will

be made before construction

Date Location Participants Key Matters Raised and

Agreements Made

work starts. There will be

procedures in place for any

disagreements over

resettlement and

compensation rates to be

initially referred to the Ministry

of Transport, and they to the

local courts.

21 June 2010

and

22 June 2010

Village: Sirinsu

Rayon: Lankaran

Affected Persons: Haydarov Aghakhan Balakhan

Key Matters raised:

The APs were informed

about the additional land

requirement following

detailed design

The APs were informed

about the process of land

acquisition and payment of

compensation including

various assistance as per

eligibility

A detailed census survey

was carried out by the social

team

Agreements Made:

The Resettlement plan

(impact and compensation

measures) was updated

based on the census survey

of these additional plots

Mastiyev Ganizade Babash

Asadov Canpolad Abas

Karimova Khanım Hacıagha

Asadov Rashid Abbas

Asadov Malik Abbas

Asadov Abbas İbrahim

Rasulov Aliagha Abdulrahman

Taghiyev Giyas Hashim

Gasimov Hamil Shamil

Gasimov Mail Shamil

Gurbanov Mustafa Balamirza

Gasimov Shamil Bahlul

Aghayev Adalat Aghahuseyn

Huseynova Valida Maslahat

Gafarov İdris Aliagha

Aghayev Mammadhuseyn Gulamhuseyn

Mammadov Farman Mirzagha

Eyvazov Mahir Aydin

Asadova Tukaz Mammad

Aghamaliyev Orucali İbish

Shafaggatov Aliagha Gasim

Aghayeva Khanimnana İbrahim

Babayeva Balaxani Mahammad

Haydarov Aghakhan Balakhan

Detailed Design Consultant:

M K Mohanty (International Resettlement Specialist)

Ilaha Ilyasova (Social Impact Expert)

Arastun Zuliyev (Land Acquisition Expert)

Date Location Participants Key Matters Raised and

Agreements Made

From:

18 December

2009

To:

1 January 2010

Villages: Khil Serchuvar, Boradigah, Mollaoba Turkoba Yeddioymag II,

Rayon: Masalli

All Affected People in these 6 villages of

Masalli rayon.

AzerRoadService:

Akhmedov Ismikhan, Engineer

Masalli Rayon: Hadiyev Amil, Chief of the Land Department

Representatives of the Executive Power:

Serchuvar – Abdullayev Faiq, Boradigah – Quliyev Nejmeddin Turkoba – Khalilov Asif Mollaoba -

Boradigah Village Municipality:

Akhmedov Adalet, Chief of the Municipality

Mollaoba Village Municipality:

Qurbanov Altay, Chief of the Municipality Maharramov Yolbeyi, Representative

Key Matters raised:

APs were informed by ARS

about the process of land

acquisition

APs were asked to produce

their documents of land for

verification

Present land use of the

affected land was recorded

Agreements Made:

On the basis of the

verification of records

ownership database was

updated

Database on land use of the

affected land was updated

Further documentation for

agreement was prepared

From:

18 December

2009

to

1 March 2010

Villages: Boladi Girdeni Limanshe Urge Shirinsu

Rayon: Lenkaran

All Affected People in these 5 villages of Lankaran rayon. AzerRoadService

Mammadov Zakir, Engineer Boladi Municipality

Selman Dadashov Girdani Municipality

Azad Mehdiyev Liman Municipality

Jamil Huseynov Lenkaran Rayon, Land Department

Faraj Jalalov, Chief Advisor

Key Matters raised:

APs were informed by ARS

about the process of land

acquisition

APs were asked to produce

their documents of land for

verification

Present land use of the

affected land was recorded

Agreements Made:

On the basis of the

verification of records

ownership database was

updated

Database on land use of the

affected land was updated

Further documentation for

agreement was prepared

Date Location Participants Key Matters Raised and

Agreements Made

From:

1 March 2010

to

30 December

2010

Villages: Khil Sercuvar Boradigah Mollaoba Turkoba Yeddioymag II,

Rayon: Masalli

All Affected People in these 6 villages of Masalli rayon. AzerRoadService:

Akhmedov Ismikhan, Engineer Masalli Rayon:

Hadiyev Amil, Chief of the Land Department

Representatives of the Executive Power:

Serchuvar – Abdullayev Faiq, Boradigah – Quliyev Nejmeddin Turkoba – Khalilov Asif Mollaoba -

Boradigah Village Municipality:

Akhmedov Adalet, Chief of the Municipality

Mollaoba Village Municipality:

Qurbanov Altay, Chief of the Municipality Maharramov Yolbeyi, Representative

Key Matters raised:

APs were informed by ARS

about the agreement for

land acquisition and

payment of compensation

through individual notice

APs were informed about

the amount and process of

payment of compensation

Agreements Made:

Agreement signed between

ARS and APs

Payment made to APs

From:

1 March 2010

to

30 December

2010

Villages: Boladi Girdeni Limanshe Urge Shirinsu

Rayon: Lenkaran

All Affected Persons in these 5 villages of

Lenkaran rayon

All Affected People in these 5 villages of Lankaran rayon. AzerRoadService

Mammadov Zakir, Engineer Hasanzadeh Rashad, Engineer

Boladi Municipality

Selman Dadashov Girdani Municipality

Azad Mehdiyev Liman Municipality

Jamil Huseynov Lenkaran Rayon, Land Department

Faraj Jalalov, Chief Advisor

Key Matters raised:

APs were informed by ARS

about the agreement for

land acquisition and

payment of compensation

through individual notice

APs were informed about

the amount and process of

payment of compensation

Agreements Made:

Agreement signed between

ARS and APs

Payment made to by APs