SRP Power Transmission

SHORT RESETTLEMENT PLAN
Supplementary Appendix to the

Report and Recommendation of the President
to the Board of Directors
on the
POWER TRANSMISSION AND DISTRIBUTION PROJECT
IN
AFGHANISTAN
Ministry of Energy and Water
This Report was prepared by the Borrower

and is not an ADB document.
October 2004
Table of Contents
I. Executive Summary i
II. Short Resettlement Plan 1
A. Introduction 1
B. Scope of Land Acquisition and Resettlement
1. Imam Sahib to Shekhanbandar Transmission Line 1

2. Khan Abad and Taluqan City Distribution 2
3. Transmission Line from Kabul to Gardez 2
4. Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam 2
5. Sarepul Substation 3
6. Charikar City Distribution 3
7. Project Affected Persons 3
C. Legal Framework and Compensation Policy
1. The Relevant Provisions from Law on Land Acquisition in Afghanistan 4

2. ADB’s Policy on Involuntary Resettlement 5
3. Project Principles and Policies 5
4. Eligibility and Entitlements 10
5. Project Entitlement Matrix 14
D. Organizational Framework
1. The Environmental and Social Impact Assessment Office 16

2. The Role of ESIAO/ Project Manager 16
3. Project Supervision Consultant 17
4. Provincial and Municipal or District Governments 17
5. District and the Village Resettlement Committees 17
E. Implementation and Operational Framework
1. Pre-Resettlement Implementation Activities 18

2. Implementation Phase 21
3. Post-Resettlement Implementation Phase 22
4. Implementation Schedule 22
F. Grievance Redressal
1. Objective and Procedures 22

2. Facilitating the Filing of Grievances 23
G. Social Rehabilitation Measures
1. Direct Employment to the Project 23

2. Fund for Social Development of Women and Minorities 23
Power Transmission & Distribution TA

October 2004
H. Resettlement Cost
1. Estimated Expenses 24
2. Plan for Financing Resettlement 24
I. Monitoring and Evaluation
1. Internal Monitoring 24
2. External Monitoring and Evaluation 25
J. Indigenous People’s Development Plan 28
October 2004
I. EXECUTIVE SUMMARY
1. There is no resettlement and very limited land acquisition required by the Power
Transmission and Distribution project (the Project) since much of the project involves restoration
of existing lines and substations, and land in the form of access-ways will only be required
temporarily during construction. In general there is no requirement to purchase land underneath
power lines; however in some cases land holders will be required to remove or trim back trees
which would interfere with lines. Some areas with existing alignments have had tower footprints
encroached upon by the surrounding croplands over the 20 years or so since they were last
functional. As such compensation for a number of small land parcels (each in the range of 3-4
m2) has been budgeted for, or changes made to the original alignment to avoid encroachment.
2. Where transmission lines are to be introduced to areas without existing alignments,

designs are to be selected which will minimise potential resettlement issues. Lines will be
placed on roadside reserves (northeast), existing local distribution structures will be upgraded
where possible (east), or constructed on hillsides (south) not used for agriculture or habitation.
3. Since land acquisition has been minimised and there is no requirement for resettlement,
the budget is a modest $68,420, of which only $11,350 is for compensation for productive land
and assets (mainly trees). The largest budget allocation is for locally procured external
monitoring ($53,000), and the remainder for disclosure to project affected persons (APs) and
associated activities. The social survey results indicated a very low proportion of female headed
households (less than 1%) and no anticipated negative impacts on ethnic minorities, however
the project has conservatively been categorised B for indigenous peoples. An amount of $1,600
has been budgeted for a Fund for Social Development since the years of conflict in Afghanistan
have greatly limited the roles of women in development on one hand, and displaced many
minorities on the other.
4. While the land acquisition is minimal, the significant challenge for the project, given the
existing negligible capacity of the Executing Agency, MWP, will be the implementation of land
acquisition activities. As such this document also outlines the responsibilities of the government
together with the relevant policy framework, with regards to implementation of the Resettlement
Action Plan (RAP), and suggests how this may be assisted by the Project Supervision
Consultant (PSC), including the scope for both internal and external monitoring.
5. Following detailed design and before award of civil works contracts, the short
resettlement plan will be:
• Revised based on the detailed measurement survey, including full census of

affected persons, final asset inventory and valuation, and final budget;
• Disclosed to affected people; and
• Submitted to ADB for approval.
October 2004 Page i

II. Short Resettlement Plan
A. Introduction
6. This chapter summarises recommendations with regard to the resettlement and land
acquisition requirements of the proposed project. It also outlines the responsibilities of the
Islamic Republic of Afghanistan (IRA or the governement), together with the relevant policy
framework, with regards to implementation of the Resettlement Action Plan (RAP). This
document also sets out best practices and responsibilities for RAP implementation, monitoring
and evaluation.
7. The resettlement field work and analysis was undertaken in Afghanistan during June-
July 2004. Some project areas were visited by the resettlement specialist, others by the
social/poverty specialist, and the remainder (specifically in the south and east) by the domestic
consulting team (due to the security situation at that time) to collect the information relevant to
this report.
8. According to the Asian Development Bank definition below, the project can be
categorised as having Insignificant Resettlement:
• Category B: Insignificant Resettlement - less than 200 people are displaced

from housing, less than 200 people will lose less than 10 percent of their
productive assets (income generating), or 200 people or more will experience
minor impacts. A Short RAP will be prepared.
9. As such, this report fulfils the requirements of a short resettlement plan.
B. Scope of Land Acquisition and Resettlement
10. Brief socio-economic profiles of the proposed project areas as they apply to
resettlement and land acquisition are presented in the following subsections.
1. Imam Sahib to Shekhanbandar Transmission Line
11. The 20 km 110 kV transmission line from Shekhanbandar to Imam Sahib involves
construction of a new substation in western Imam Sahib town and a new transmission line from
the switching station south of Shekhanbandar running east through 15 km of desert and
thereafter through sparsely populated agricultural land for about 5 km. This new line connects
with the existing north-south 110 kV transmission line from Tajikistan through Shekhanbandar
running down to Kunduz. The site for the substation has been selected. It is government owned
land currently leased to a farmer and being cropped in wheat. The farmer also owns the land
adjacent to the site that he uses for farming. The crop was harvested in August 2004 and the
land will be fallow until next planting season, during which time the lease will be terminated. It is
a triangular site on the corner of the main Shekhanbandar to Imam Sahib town road and the
road to a quarry. There are no adjoining houses or land uses which would be adversely
affected. Provision has been made in the budget for some removal or cutting back of productive
trees in the 5 km stretch from the substation running west.

October 2004
Page 1
• Estimate of affected households: Less than 20. No known female headed
households or ethnic minorities affected.
• Likely impact on income or sustenance by removal/trimming trees: minimal.
2. Khan Abad and Taluqan City Distribution
12. The component complements construction by Tajikistan (not part of this project) of a
new 75 km 110 kV transmission line from Kunduz to Taluqan, by providing city distribution from
a new substation in Taluqan (and in the case of Khan Abad from a 20kV feeder from Kunduz).
13. The Taluqan substation is to be sited at the entrance to the city just over the main
bridge and to the south of the road. The identified site is flat bare land currently owned by the
Ministry of Food and Industry. There was no evidence of any informal/temporary land use as the
weeds were well established. The site is adjacent to an access road (unsealed) beside an
irrigation canal, then rice paddies and the river to the west side, bare land adjacent to the main
road on the north side (this site is currently being used as a second hand car sales yard and
includes one dwelling), further agricultural land with trees to the east and to the south the site
borders a factory. The site is large (approximately 100 x 250 m) and the footprint of the
proposed substation sufficiently small in comparison, that neighbouring land-users will not
experience any negative impacts by way of noise and vibration, etc.
14. No issues will arise as a result of the city distribution network since existing poles and
wiring will be used where they exist and the relatively unobtrusive bundle type conductors will
be specified. The same can be said for Khan Abad.
• Estimate of affected households: None

• Likely impact on income or sustenance by substation and city distribution: none.
3. Transmission Line from Kabul to Gardez
15. Starting from Kabul, the 220 kV transmission line will go south from Kabul via Logar
(Puli-Alam) to Gardez (94 km). No existing transmission routes exist in this area, so new routes
will be designed to avoid settlements and agricultural land, which is mainly in the valleys
adjacent to the road, by siting towers relatively high on hillsides, above the tree line. The area
around Gardez is prominent for forestry (fuel lumber) and other areas for production of wheat,
corn and livestock. No major land acquisition or resettlement is envisaged in this area but some
contingency has been set aside.
• Estimate of affected households: None

• Likely impact on income or sustenance by transmission poles: minimal.
4. Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam
16. The proposed 75 km 110 kV transmission line from Naghlu beside the settlement of
Surobi, running east to Jalalabad, with 32 km link to Mehtarlam, presents no land acquisition or
resettlement issues since existing local distribution structures will be utilised or upgraded.
Where this is not possible, structures will be located on the southern side of the road, which is
currently barren and largely uninhabited due to presence of land mines and no irrigation (in
stark contrast to the northern side of the road, which is extensively cultivated in opium poppy

October 2004
Page 2
and rice). The link north to Mehtarlam will follow the roadside reserve in order to minimise the
need for land acquisition. A small contingency has been set aside for this route.
• Estimate of affected households: Less than 20. No known female headed

households or ethnic minorities affected.
• Likely impact on income or sustenance by transmission poles: minimal.
5. Sarepul Substation
17. Located about 5 km north of the Sarepul town centre, the Sarepul 110/20 kV substation
has already been established on a 5,000 m2 property owned by the provincial government. The
land is presently clear and construction of the buildings associated with the substation is already
underway.
• No IR impacts expected.
6. Charikar City Distribution
18. The site for the proposed Charikar substation, approximately 10km north of Charikar
towards Jabulsaraj, is on a remote hillside with no apparent current landuse. The 350m x 350 m
site is currently owned by MWP (certificate sighted). There are no neighbouring activities or
dwellings and therefore no likely impacts. The site is clear of UXO although some abandoned
military vehicles remain.
• No IR impacts expected
5. Project Affected Persons
19. Exact figures of project affected persons in the six subprojects will require further
confirmation during implementation in response to:
• Final detailed design of the transmission routes

• Clarification of land ownership issues - currently a challenging situation in
Afghanistan but the subject of forthcoming technical assistance projects.
20. Hundreds of thousands of Afghans fled the country over the last two decades and many
are now returning from overseas or from elsewhere within the country. This is validated in the
social survey. It is worth noting that many such returnees and internally displaced persons
(IDPs) could be holders of qabala (title) to the properties they left behind during the years of
conflict. Currently government ministries and agencies are undergoing an intensive programme
of public administration reform. Essential records and information that were destroyed during
the period of conflict such as parcellary maps of land properties are likewise being retrieved or
developed under the transitional government.
21. Since the land acquisition required under this project is largely temporary during
construction; resettlement is very limited and compensation largely confined to removal of trees
and small losses to productive land, the difficult situation with regard to land titling and
population mobility will have insignificant impact. However, following detailed design and before
award of civil works contracts, the short resettlement plan will be:

October 2004
Page 3
• Revised based on the detailed measurement survey, including full census of
affected persons, final asset inventory and valuation, and final budget;
• Submitted to ADB for approval.
C. Legal Framework and Compensation Policy
22. Ratified in early 2004, the new Constitution of Afghanistan has three articles1 that are
closely related to compensation and resettlement. No law has yet been promulgated from these
constitutional provisions however a pre-Taliban law remains in effect today. The Compensation
Policy Framework and Entitlements for PTDP were formulated with reference to the salient
sections of Law on Land Acquisition and the ADB’s Policy on Involuntary Resettlement2. They
are presented as follows:
1. The Relevant Provisions from Law on Land Acquisition in Afghanistan
23. For the purpose of public interest like the establishment/construction of public
infrastructures and facilitation for acquisition of land with cultural or scientific values, land of
higher agricultural productivity, large gardens, vineyards with economic significance, and land
with forests and dams as well as lands for some exclusive circumstance, the following
provisions on land acquisition are applied:
Chapter 1, Section 2. The acquisition of land or a portion of the land, for public interest
is decided by the Council of Ministers by which compensation is based on equal and
fair value according to the current market rates.
Chapter 1, Section 4. The acquisition of land or part of it should not prevent the owner
from the use of the rest of his property or bring about difficulty for his usage. If such
difficulty arises, the entire property should be acquired.
Chapter 1, Section 6. The right of the owner or person using the land will be
terminated… three months prior to start of civil works on the project and after the proper
reimbursement to the owner or person using the land has been made.
24. The termination of the right of the landlord or the person using the land would not affect
their rights on collecting their last harvest from the land, except when there is emergency
evacuation.
Chapter 1, Section 8. Related to land acquisition, the following factors shall be

considered for compensation: the value of land; the value of houses, buildings and the
land; and the values of trees, orchards and other assets on land.25.
Chapter 1, Section 11. The value of land depends on the category and its geographic
location.
Chapter 1, Section 13. A person whose residential land is subject to acquisition will
receive a new plot of land of the same value. He has the option to get residential land or
a house on government property in exchange, under proper procedures.
1
These refer to Articles 14, 40 and 51.
2
ADB’s Handbook on Resettlement: A guide to Good Practice (1998) and OM Section F2/BP October 29, 2003.

October 2004
Page 4
Chapter 1, Section 15. It can be arranged with the owner if he wishes to exchange his
property subject to acquisition with government land. The difference on the values of
land will be calculated.
Chapter 1, Section 16. The values of orchards, vines and trees on land under
acquisition shall be determined by the competent officials of the municipality.
2. ADB’s Policy on Involuntary Resettlement
26. The objectives and principles of ADB’s Policy on Involuntary Resettlement are the
following:
a. Involuntary resettlement should be avoided where feasible.

b. If displacement of population is unavoidable, this should be minimised by
exploring all viable options.
c. People unavoidably displaced should be compensated and assisted, so that their
economic and social future would be generally as favourable as it would have
been in the absence of the Project.
d. People affected should be fully informed and consulted in resettlement and
compensation options.
e. Existing social and cultural institutions of resettlers and their hosts supported and
used to the greater extent possible, and resettlers should be integrated
economically and socially with host communities.
f. The absence of formal legal title to the land by some affected groups should not
be a bar to compensation; particular attention should be paid to households
headed by women and other vulnerable groups, such as indigenous peoples and
ethnic minorities, and appropriate assistance provided to help them improve their
status.
g. Involuntary resettlement should be conceived and executed as part of the
project.
h. The full cost of resettlement and compensation should be included in the
presentation of project costs and benefits.
i. Cost of resettlement and compensation may be considered for inclusion in the
Bank loan financing for the project.
3. Project Principles and Policies
27. A comparison of the above laws and policies are summarised in Table 1.

October 2004
Page 5
Table 1: Comparison of Law on Land Acquisition in Afghanistan and ADB’s Policy
Relevant Provisions from the Applicable ADB’s Policy Remarks
Law on Land Acquisition in on Resettlement
Afghanistan
People affected should be Neither the 2003 Afghanistan
fully informed and Constitution nor the Law on Land
consulted in resettlement Acquisition has provisions for
and compensation public consultations. Public
options. consultation is an important aspect
in implementing resettlement.
The acquisition of land or portion of People unavoidably ADB Policy and that of the Law on
the land, for public interest is displaced should be Land Acquisition agree on fair
decided by the Council of Ministers compensated and market value according to the
by which compensation is based on assisted, so that their current market rates. However, the
equal and fair value according to economic and social Law on Land Acquisition suggests
the current market rates. (Chapter future would be generally that compensation is only for those
1, Section 2 of the Law on Land as favourable as it would who have titles of ownership. It
Acquisition) have been in the absence does not cover the indigenous
of the Project. groups, ethnic minorities and
pastoralists who may have usufruct
or customary rights to the land.
The acquisition of land or part of it If displacement of The ADB policy and the local law
should not prevent the owner from population is unavoidable, are compatible on their policies.
the use of the rest of his property or this should be minimised The Bank agrees on full acquisition
bring about difficulty for his usage. by exploring all viable of land if it is no longer
If such difficulty arises, the entire options. economically feasible and socially
property should be acquired. viable according to its usage, so
(Chapter 1, Section 4 of the Law on long as the compensation is
Land Acquisition). adequate and according to market
rates.
The right of the owner or person People affected should be The provision of the local law is
using the land will be terminated… fully informed and silent on cost of social preparation
three months prior to start of civil consulted in resettlement and livelihood programmes. Its
works on the project and after the and compensation compensation package does not
proper reimbursement to the owner options. address the unregistered users of
or person using the land has been The full cost of land but which may be also
made. resettlement and displaced by land acquisition.
The termination of the right of the compensation should be The second statement in the
landlord or the person using the included in the provision of the Law on Land
land would not affect their rights on presentation of project Acquisition should be adopted in
collecting their last harvest from the cost and benefits. project policy.
land, except when there is
emergency evacuation
(Chapter 1, Section 6 of the Law on
Land Acquisition).
Related to land acquisition, the People unavoidably This provision of the Law on Land
following factors shall be displaced should be Acquisition in Afghanistan is very
considered for compensation: the compensated and much consistent with the
value of land; the value of houses, assisted, so that their explanations behind this ADB
buildings and the land; and the economic and social policy.
values of trees orchards and other future would be generally
assets on land. (Chapter 1, Section as favourable as it would
8 of the Law on Land Acquisition). have been in the absence
of the Project.

October 2004
Page 6
Relevant Provisions from the Applicable ADB’s Policy Remarks
Law on Land Acquisition in on Resettlement
Afghanistan
The value of land depends on its While its policy is generic, the Bank
category and geographic location. recognises these considerations in
(Chapter 1, Section 11 of the Law valuating the prices of land in
on Land Acquisition). Afghanistan.
A person whose residential land is This provision is very much
subject to acquisition will receive a consistent with the compensation
new plot of land of the same value. mechanism recognised by ADB.
He has the option to get a
residential land or house on
government property in exchange,
under proper procedures. (Chapter
1, Section 13 of the Law on Land
Acquisition)
It can be arranged with the owner if This provision is also recognised in
he wishes to exchange his property ADB’s policy and is practiced by
subject to acquisition with projects in other countries
government land. The difference on
the values of land will be
calculated. (Chapter 1, Section 15
of the Law on Land Acquisition).
The values of orchards, vines and The same is recognised by ADB so
trees on land subject to acquisition long as the computation for
shall be determined by the compensation is based on current
competent officials of the market rates.
municipality. (Chapter 1, Section 16
of the Law on Land Acquisition).
28. Given the assessment, some provisions in the Law on Land Acquisition have been
waived to make it consistent with resettlement principles of ADB’s Policy on Involuntary
Resettlement. For the reference of MWP in the design and implementation of Resettlement
Plans, the following project principles and policies for the project shall apply:
a. Affected populations in the sub-project areas will be systematically informed and

consulted about the Project, the rights and options available to them and
proposed mitigating measures and to the extent possible be involved in the
decisions that are made concerning their resettlement.
b. The consultative process will include not only those directly affected but also
representatives of the local governments of the areas in which the power
transmission and distribution lines shall be located, such as, leaders of host
communities, non-government organizations (NGOs), women’s association and
members of local ethnic minority communities. The Resettlement Action Plans
(RAPs) for sub-projects will consider the needs of those most vulnerable to the
adverse impacts of resettlement (including the poorest, ethnic minorities, women,
children and the elderly) and ensure they are considered in the formulation of
RAP and in the options and mitigation measures identified.
c. Land acquisition and involuntary resettlement of people will be avoided where
feasible or minimised by identifying possible alternative routes for power
transmission and distribution lines, provided with appropriate social, economic
and operational as well as engineering solutions that have the least adverse
impacts on populations along the RoW corridors of sub-projects.

October 2004
Page 7
d. Where population displacement is unavoidable, individuals, households and
communities losing assets, livelihood and other resources will be fully
compensated and assisted so that they can improve or at least restore their
former economic and social conditions.
e. Compensation and rehabilitation or reconstruction support will be provided to any
Affected Person (AP) that is, any person or household who on account of the
execution of the project has or would have his, her or their:
• Standard of living adversely affected;
• Right, title or interest in any house, or interest in or right to use any land
(i.e. residential, agricultural and grazing land, commercial properties,
tenancy, or right in annual or perennial crops and trees or any other fixed
or movable assets) acquired or possessed, temporarily or permanently;
• Income earning opportunities, business occupation, work or place of
residence or habitat adversely affected temporarily or permanently, or
• Social and cultural activities and relationships and other losses that may
be identified during the process of resettlement planning.
f. As part of the resettlement planning process, the last day of detailed
measurement survey (DMS) that shall be carried out in each village where lands
shall be acquired for the Right of Ways (RoWs) of power transmission and
distribution lines will be the cut-off date for eligibility for receiving compensation.
However, the executing agency (EA) will take into account the rights of
occupants who were forced to migrate due to political conflicts that are likely to
return in their places.
g. Affected populations within the sub-projects will be consulted and involved by the
EA in the process of developing and implementing the RAP.
h. The RAPs will be designed in accordance with the cultural practices of the
Afghans affected by property acquisitions but which should be consistent with
ADB’s Policy on Involuntary Resettlement, Operations Manual and Handbook on
Resettlement, A Guide to Good Practice.
i. All APs included in the list of families to be compensated and rehabilitated or
able to prove their residency in the affected land before the cut-off date in DMS
are equally eligible for compensation at current market rates of replacement cost,
and entitled to benefits from rehabilitation measures and social development
support.
j. Compensation rates for houses and other structures, and non-physical assets
will be calculated at prevailing market rates for replacements without provision for
deduction of depreciation.
k. Compensation will include not only immediate losses, but also temporary loss of
business and livelihood, training for alternative livelihood and support to cover
income losses during training and social rehabilitation programs including
employment on project civil works.
l. Where practical and appropriate, the use of indigenous materials for
reestablishment of affected houses or structures shall be promoted but not at the
expense of the environment and areas designated for protection and
conservation.
m. Since Afghanistan has adequate reserves of lands, compensation of affected
populations dependent on agricultural activities will be land-based wherever
possible, with cash compensation avoided as an option as this may not address
losses that are not easily quantified, such as access to services and traditional

October 2004
Page 8
rights, and may eventually lead to those populations being worse off than without
the Project.
n. Affected populations that stand to lose only part of their physical assets will not
be left with a proportion that will be inadequate to sustain their current standard
and convenience of living; such a minimum size being identified and agreed upon
during the resettlement planning process.
o. The EA will commit adequate budgetary support and make it available to cover
the compensation and resettlement with the agreed implementation period. Clear
budget commitments are required for critical activities such as final detailed
physical surveys and administrative functions associated with compensation and
resettlement. The EA could have the options to finance resettlement activities
with funds coming from different international donor institutions, or from its own
coffers.
p. Replacement lands shall be within the immediate vicinity of the affected lands
and of comparable productive standards and potential, failing which sites should
be identified that minimise the social disruption of those affected; such lands
should have access to services and facilities similar to those available in the
lands affected.
q. Displaced households shall be assisted with the move and supported during the
transition period at the resettlement site.
r. Organization and administrative arrangements essential for the effective
implementation of the resettlement plan will be identified and in place before the
commencement of the process; this will include the provision of adequate human
resources for supervision, liaison and monitoring of land acquisition and
rehabilitation activities.
s. Payment of compensation or replacement of affected assets and any
resettlement to new locations must be completed before the award of civil works
contract on sub-projects. Rehabilitation measures for APs must also be in place,
but not necessarily be complete as these may include on-going activities.
t. Compensation of ethnic minorities, female-headed households, families with
disabled, and other vulnerable families will be carried out with respect to their
cultural values and specific needs.
u. Grievances arising from the issues on payment of compensation and entitlement
should be resolved prior to resettlement implementation abiding by the
recommendation of the Committee on Compensation3 (CoC).
v. Development plan for indigenous people or ethnic minorities shall be prepared if
part of their domain, settlement clusters, productive assets (income generating)
and cultural assets shall be adversely affected by the subproject.
w. Appropriate reporting (including auditing and redress functions), monitoring and
evaluation mechanisms, will be identified and set in place as part of the
resettlement management system. The MWP will hire independent monitoring
agencies (IMAs) to evaluate the propriety and adequacy of resettlement
processes. Such agencies that could be qualified as IMAs are NGOs, research
institutions or a group of educators. Monitoring reports shall be forwarded directly
to ADB.
x. The award of construction works contracts will be given “no objection” after the
evaluation of resettlement plan implementation by IMAs have been cleared by
ADB noting that the required lands for the Project have been fully acquired and
3
Refer to last paragraph of Section E.1 for the composition of CoC.

October 2004
Page 9
populations appropriately compensated and relocated in compliance with the
preceding project policies.
4. Eligibility and Entitlements
a. Eligibility
29. Under this framework, the APs are defined as those who are eligible for compensation
and that they are able to demonstrate their eligibility by means of: (a) land title and/or
certification for on-going application for a land title with appropriate government agency; (b) tax
payment receipt; (c) residency or community certificate; (d) business permits and licenses; and
(e) cadastral record; or (f) simply being listed in the DMS inventory on or before the cut-off date
in each village. The APs are those who owned (either legally or customarily) the houses, lands,
crops and trees and other assets.
b. Project Impacts and Entitlements
30. The entitlements for each type of APs are based on the types and levels of losses that
would affect the lands and properties as observed during the field assessments in the project
component areas.
i. Agricultural Land and/or Grazing Land
1. Temporary Loss of Agricultural Land
a. Entitlements of Legal Owners (Holders of land titles or have

certifications for on-going application for land titles)
(i) They shall be paid rent during temporary use of their land. They
will not be compensated for land if returned to its original use.
(ii) Their land shall be restored to its previous condition, or better
than, by providing measures to improve its quality in cases the
land is adversely affected or acidified.
b. Entitlements of Unregistered or Customary Users (Not holding

land titles or certifications for on-going application for land titles)
(i) The same as for Legal Owners.
2. Permanent Loss of Agricultural Land
a. For Legal Owners

(i) For fully affected agricultural land that is no longer economically
feasible for its present use, land-to-land compensation with the EA
to shoulder the cost related to land titling. (For budget, the market
price of land to be acquired has been calculated at the rate of $4
per square metre but shall be adjusted at the time of detailed
measurement to reflect actual regional land prices).
(ii) For partially affected agricultural land which remains economically
feasible for its use, land-to-land compensation if property is

October 2004
Page 10
adjacent to government land with similar land use and nobody is
using it customarily; or, cash compensation for the portion of land
to be acquired. (For budget, the market price of land to be
acquired has been calculated at the rate of $4 per square metre
but shall be adjusted at the time of detailed measurement to
reflect actual regional land prices).
b. For Unregistered or Customary Users

(i) The same as for Legal Owners
ii. Residential and/or Commercial Land
1. Permanently affected Residential and/or Commercial Land with

Structures Built Thereon
a. Legal Owners
(i) For fully affected residential and/or commercial land that is no
longer economically feasible for its present use, land-to-land
compensation with EA to shoulder the cost related to land titling.
The owner could have the option to be relocated in government
land. (For budget, the market price of land to be acquired has
been calculated at the rate of $4 per square metre but shall be
adjusted at the time of detailed measurement to reflect actual
regional land prices).
(ii) For partially affected residential and/or commercial land which
remains economically feasible for its present use, land-to-land
compensation; or, cash compensation for the portion of land to be
acquired. The owner has the option to acquire a government land
in exchange for the portion of the property acquired for the project.
(For budget, the market price of land to be acquired has been
calculated at the rate of $4 per square metre but shall be adjusted
at the time of detailed measurement to reflect actual regional land
prices)
b. Unregistered and/or Customary Users

(i) The same as for Legal Owners.
iii. Houses and Structures
The compensation policy on houses and structures is provided as

contingency in case there will be houses that shall be affected by the
PTDP subproject.
1. Partially Affected Permanent and Semi-Permanent Structures

The structures considered in this category are those which are still
feasible for human settlements and present use thereon.
a. House owners (regardless if land is owned or not)

October 2004
Page 11
(i) Provision for replacement materials with values equivalent to
current market price of materials to be replaced without deduction
for depreciation; or cash, or a combination of both according to the
actual loss.
(ii) Entitlement to reconstruction allowance for cost of labour (Refer to
Item 3 below).
2. Fully Affected Houses or Structures

The houses and/or structures under this category are: (a) partially
affected but which are no longer suited for human settlements;
and (b) those that shall be totally affected by land acquisition for
RoW.
a. House owners (regardless if land is owned or not)

(i) Provision for equivalent replacement materials with values are
based on current unit market prices without deduction for
depreciation, or cash, or a combination of both according to the
actual loss.
(ii) Entitlement to reconstruction allowance (refer to Item 3 below).
b. Affected Crops and Trees
3. Owners (regardless if land is owned or not)
a. Cash compensation for loss of crops at current market prices.
b. Cash compensation for loss of fruit trees and wood trees with
ages that range at 3 years and above. No compensation for trees
below three (3) years old as these can still be transplanted. (For
budget purposes, the market price of trees to be compensated for
has been calculated at the rate of $5 per tree but shall be adjusted
at the time of detailed measurement to reflect actual regional
prices, type and size of tree, and agreed with affected persons.)
c. Reconstruction Allowance
(i) For house owners opting to pay the workers on a daily basis, the
rate shall be at Afs 200 (USD 4.00) for unskilled, and Afs 423
(USD 9.00) for the skilled ones.
(ii) For house owners who want to build the house on contractual
arrangement, the rate would be at Afs 470 (USD 10) per m2 for
house made of concrete, and Afs 450 (USD 9) per m2 for house
made of earth and other indigenous materials.
However, if the above rates differ from the prevailing rates paid in
the subproject location, the latter will apply.
d. Temporary Loss of Business

October 2004
Page 12
(i) A lump sum one-time grant of Afs 3,000 (USD 60)4 for loss of
business and income restoration.
e. Fund for Social Development (FSD)

(i) Eligible head of household or person from socially disadvantaged
groups such as women, ethnic minorities and the very poor will
receive Afs 3,000 as grant for small business. In addition, their
family will be assisted on the following:
a. Project-related Employment. The APs or any eligible adult
member of their households will be given employment upon
mobilisation of sub-project civil works in their respective villages.
b. Training for Livelihood or Alternative Income Sources. The eligible
APs or any member of their households shall be given training for
livelihood or alternative income sources. The women, widows
heading the family and very poor regardless of ethnic groups shall
be given preference.
4
A figure determined through consultations in the field as sufficient for small business set up costs – usually small retail.

October 2004
Page 13
5. Project Entitlement Matrix
31. The entitlement matrix in Table 2 summarises the provisions for compensation and
entitlements as described in the likely impacts in any of the sub-project of PTDP.
Table 2: Entitlement Matrix

Type of Loss Eligibility of APs Compensation Policy Implementation Issues
- MWP pay rent to AP for
the duration of temporary
Legal owners holding
use
title of the land
- Restoration of land to
and/or other - Consultation with APs
original condition
Temporary certification - Cash compensation
- No compensation if land is
loss of Owners with on- payments.
returned to its original use.
agricultural going application for
- Compensation of standing
land. a title.
crops and trees at current
market rates.
- Consultation with APs
Unregistered and Same as for legal owners
- Cash compensation
customary users.
payments.
Legal owners of fully - Land-to-land
affected lands compensation for both
holding titles or users. The EA has to
certification for on- shoulder the cost of titling - Consultation with APs
going application for to legal owners - Assessment of current
a title. - Cash compensation of market values
1
standing crops and/or - Payment of cash
trees. compensation
Customary or
- Cash compensation for - List of unregistered users.
unregistered users of
necessary transition costs
fully affected lands.
(i.e. per diem during move,
Permanent
etc.).
loss of
Land-to-land
agricultural
compensation if property is
land. Legal owners of
adjacent to government - Consultation with APs
partially affected
land. EA has to reconstitute - Assessment of current
lands holding titles or
title market values
certification for on-
- or, cash compensation for - Payment of cash
going application for
portion to be acquired. compensation.
a title.
- Cash compensation for
necessary transition costs.
Customary or
unregistered users of
Same as for legal owners - List of unregistered users.
partially affected
lands.
- Land-to-land
Legal owners of fully
Permanently compensation
affected land holding
affected - Has option to be relocated
title of the and/or
residential in government land - Consultation with APs on
2 other certification
and/or - The EA will shoulder the the acceptability of land.
Owners with on-
commercial cost of land titling.
land. - Cash compensation for
a title.

October 2004
Page 14
Customary and
unregistered users of Same as for legal owners
fully affected lands.
Legal owners of
- Land-to-land
partially affected land
compensation
holding title of the
- or, cash compensation for - Consultation with APs
and/or other
the portion of land to be - Cash compensation
certification
acquired. payments
Owners with on-
Cash compensation for
a title.
Customary and
unregistered users of - Consultation with APs
Same as for legal owners
partially affected - List of unregistered users.
lands.
- Provision for replacement
materials with values
equivalent to current
Owners of partially market prices, or cash
- Updated list of APs
affected houses or payment without deduction
structures regardless for depreciation. Or can be
- Payment of cash
of owner-ship on a combination of both with
compensation.
land due consideration to actual
Loss of loss.
3 houses and - Cash compensation for
Structures necessary transition costs.
- Provision for equivalent
replacement materials with
values equivalent to current - Updated list of APs
Owners of fully market prices without - Consultation with APs
affected structures. deduction for depreciation. - Payment of cash
Or combination of both with compensation.
due consideration to actual
loss.
- Cash compensation at
- Payment of cash
Loss of crops Owners regardless if current market rates. Trees
4 compensation.
and trees. land is owned or not. below three years old will
- Updated list of DMS.
not be compensated.
- Owners opting to build
house on daily basis will be
provided with cash based
on workers daily rate
- Owners opting contract
the building of house will be
Reconstruction Owners of affected Payment of cash
5 provided with cash
Allowance houses or structures compensation
equivalent to cost of
materials per m2
(Refer to Item E of Project
Impacts and Entitlements)
- Cash compensation for
- A lump sum one-time grant
Owners regardless if
Loss of of Afs. 6,000 for loss of
6 land and house are Cash compensation
business business and income
owned or not.
restoration

October 2004
Page 15
Eligible head of
- A grant of Afs. 3,000 for
household or
small business
persons from socially
Fund for - Employment of household - Identification of eligible
dis-advantaged
7 Social member in the Project civil candidates by the Ministry
groups such as
Rehabilitation works of Women.
women, minorities
- Training on livelihood and
and the very poor
other income sources
APs.
Note: Implementation issues are the concerns that are likely to occur during the implementation of RAP in
each sub-project.
32. Best practices for project implementation follow regarding organizational framework for
resettlement and land acquisition, implementation and operational framework, grievance
redressal, and social rehabilitation measures.
D. Organizational Framework
1. The Environmental and Social Impact Assessment Office
33. Created under the transition government, the present organizational structure of MWP
is an interim one and it has no office for environmental and social impact assessments. An on-
going World Bank-assisted study is being undertaken on the restructuring of government
bureaucracy with the recommendations have yet to be finished before or after the country’s
national elections in early 2005. Whatever the recommendations drawn from this study, MWP is
expected to create an Environmental and Social Impact Assessment Office (ESIAO) for better
management of land acquisition, resettlement and environmental issues on power projects. A
Director will head the ESIAO, with one Deputy Director and four staff, which shall initially
compose of one civil engineer, one with social scientist, an environmental science graduate and
a statistician. They will assist the Director in environmental impact assessment, social survey
and resettlement planning, budget and implementation arrangement. Prior to the
implementation of PTDP, the MWP is expected to benefit from ADB technical assistance (TA) to
strengthen the social and environmental management capacity of ESIAO. The training will deal
with issues concerning (a) consultation and participation; (b) principles and procedure of land
acquisition; (c) assessment of property values; (d) payment of compensation; (e) grievance
redressal; (f) resettlement infrastructure development; (g) resettlement and organizational
framework; and (h) monitoring and evaluation. It will be also responsible for hiring an
Independent Monitoring Agency.
2. The Role of ESIAO/ Project Manager
34. The ESIAO Director will be responsible for overall co-ordination with various relevant
ministries/agencies, international donor organizations, and resettlement committees at various
levels, and supervision and monitoring of RAP implementation. The Director will serve as the
Project Manager (PM) in charge of resettlement and land acquisition. The Deputy Director or
staff from ESIAO will be designated as the PTDP full-time Chief Resettlement Officer (CRO) to
assist the PM in the daily activities related to RAP implementation. The CRO will be responsible
for organising the affected provinces, cities or districts and villages to carry out the activities
outline in the RAP. Through the CRO in co-ordination with the provincial and the district
governments as well as the district resettlement committees (DRCs) and village resettlement
committees (VRCs), the PM will monitor the progress of land acquisition and resettlement

October 2004
Page 16
management in various locations of PTDP subprojects. The Project Supervision Consultant
(PSC) Resettlement Specialist will provide support to the ESIAO in the implementation of the
RAPs.
3. Project Supervision Consultant
35. A Project Supervision Consultant (PSC) that will assist the MWP, will be designated to
manage the Power Transmission and Distribution Project (PTDP) following the ADB’s approval
of the loan. As part of project preparation, the PSC will provide technical support to MWP in
RAP implementation. It will assign a Resettlement Specialist who will provide the direction to
ESIAO in implementing the RAP including the internal monitoring. The Resettlement Specialist
will design the appropriate information system in collecting information from the affected villages
for internal monitoring.
4. Provincial and Municipal or District Governments
36. The provincial and the municipal or district governments will be involved in RAP
implementation. MWP will arrange with the provincial governments for them to act as the centre
of co-ordination between MWP and the municipal or districts during RAP implementation. It is
envisaged that co-ordination with local government shall be routed through their respective
regional planning offices, which will in turn co-ordinate with district and the village resettlement
committees. In order to simplify the co-ordination and save on operational cost, the Planning
Office of the provincial government will be designated to co-ordinate with the planning offices at
the district or municipal level which will then co-ordinate and communicate with the resettlement
committees of the district and the villages. The Provincial Planning Office will collect and
compile the information from the municipal or district offices.
5. District and the Village Resettlement Committees
37. The resettlement committees are pivotal in RAP implementation. At the district or
municipal level, MWP or the new ministry will recommend to the provincial governments that the
deputy governors should be in-charge of the district resettlement committees with members
including representatives of national offices in the locality, such as: (a) Ministry of Women’s
Affairs; (b) Ministry of Rural Rehabilitation and Development; (c) Ministry of Public Health;
Commission on Human Rights; (d) Ministry of Social Affairs; and (e) the local police. They will
assist the village resettlement committees during relocation, if required. They will be also
involved in the resolution of complaints and grievances.
38. As it is in the interest of PTDP to make the relocation of APs successful, MWP will
recommend to the local governments that members of the VRCs should be the officials of the
village governments and two representatives from APs. The VRCs will be also tasked in the
resolution of complaints and grievances

October 2004
Page 17
E. Implementation and Operational Framework
1. Pre-Resettlement Implementation Activities
a. Parcellary Survey of Properties and Public Information Campaign
39. Many essential government records have either been destroyed or lost as land
demarcations were misplaced during the years of conflict in Afghanistan. MWP will arrange with
provincial governments concerned to advise their respective districts/municipalities to prepare
parcellary maps of properties covered by PTDP RoWs, whenever available, and commission an
independent firm or practitioners in property appraisal to determine the market values of lands
or properties which must be acquired under the project. Land acquisition under this project
however is sufficiently limited that the cost of such a survey would far outstrip the purpose and
therefore it has not been budgeted for. MWP will however co-ordinate with the provincial
agriculture offices for information on the prevailing cost of wood and fruit trees as well as plants
and crops.
40. Project disclosures and a project information campaign shall be also initiated in this
phase in which the cooperation of the provincial and the district governments is highly valuable
in order to reach the people in the villages. There will be public consultations and focus group
discussions with community leaders, stakeholders and the APs. The release of compensation
and entitlements, and grievance redressal (see Section F) as well as monitoring and evaluation
(Section I) shall be emphasized during consultations. In every consultation, MWP will see to it
that the people are adequately informed and there will be presentation of visual aids illustrating
the subproject RoWs, rather than written information since a large proportion of the target
population are illiterate. The aim should be to ensure that the rights and entitlements and
compensation procedures are clear and acceptable to APs. The ESIAO will be also responsible
for an information campaign. Its personnel shall be trained on the approaches and procedures
in preparing and implementing the resettlement plan, including the appropriate documentation of
payment for compensation in order to reduce the cases of grievances from the APs.
41. Following the reestablishment of property boundaries (as required) and the public
information campaigns, detailed measurement surveys will be conducted in project affected
areas, with losses of land, houses and other assets recorded in the DMS questionnaire, which
can be designed by the implementation consultant and carried out by a local NGO. The MWP
will give them orientation on the purpose of the survey.
b. Valuation of Lands and Assets
42. Based on the report on market values, the NGO responsible for DMS will calculate the
compensations for APs, including the entitlements stipulated in Section C. MWP will ensure that
compensation to APs is adequate based on the principle of replacement cost as stipulated in
this framework, and will validate the findings of the independent firm or professional
practitioners by way of the following:
a. On Land Values
(i) It will request verification of recent land use rights in urban and rural
areas in the province where the subproject shall be located; and
(ii) Determine the sufficiency of established rates for the value of land it will
provide to APs in exchange of the land that will be acquired from them.

October 2004
Page 18
b. On Structures
(i) Appraise whether the compensation for houses or structures will enable
the APs to rebuild their affected structures by consulting selected persons
on the following:
• The source of materials, distance of transport and the cost of
various materials; and
• The types of labour used if the workers were hired by the owner
and paid daily wage, or built by a contractor.
(ii) Obtain cost estimates by consulting at least three suppliers of materials in
the area.
c. On Plants and Trees

(i) As they are the authority, the provincial offices of the Ministry of
Agriculture shall be consulted for the price of plants and trees prevailing
in the province.
d. On Crops
(i) The prices of crops are subject to seasonal fluctuations. If the price
appears on the rising trend, the latest price should apply. On the other
hand, if it continues to go down, the average between the lowest and the
highest price during the last 12 months shall be applied for compensation.
43. Assisted by the district governments, the MWP shall then negotiate the compensation
with APs. In cases of disagreements, Section 5 of the Law on Land Acquisition provides that the
district where the land shall be acquired will facilitate the resolution where the following parties
shall be called upon: (i) the owner or representative of the owner of the land; (ii) representative
of the government agency that will acquire the land; (iii) representative of the district or
municipality, (iv) representative of the Ministry of Finance (MoF), and (v) representative of the
Ministry of Justice (MoJ). The MoF, the MoJ and the representative of the district or municipality
shall serve as the CoC (Committee on Compensation) in which the MWP and the AP shall abide
to the recommendation. When both parties agreed on compensation, MWP will prepare a
document that legally binds such agreement. Through the ESIAO, the MWP will prepare the list
of APs and summarize the amount of compensation for budget approval.
44. The subprojects are envisaged to be constructed one at a time. In order to shorten the
process, the updating of values and prices shall be done only once prior to award of
construction contract of the subproject.
c. Selection of Resettlement Sites
45. The provision for resettlement sites is a contingency measure in this framework in the
event that involuntary resettlement cannot be avoided. The MWP will see to it that the relocation
sites should be equal with or better than during the pre-project levels where the APs could
restore their livelihood and rehabilitate themselves socially. Foremost considerations in site
selection are the availability of water source and access to transportation, place of work and
livelihood, mosques and other amenities available in their present locations. They will be
consulted as to their preference on locations. Prior to the transfer, MWP will ensure that the
places are free from risks or danger arising from unexploded land mines. In case of off-site
relocation, the MWP will also consult the host villages prior to the transfer of APs.

October 2004
Page 19
d. Compensation Process
46. Section 5.3, Nº 4 [b] of the Legal and Compensation Policy Framework provides for
cash and non-cash compensations. The procedures are as follows:
a. Non-Cash Compensation
1. Land-to-land Compensation for Legitimate Owners Regardless of Land Use

(i) For affected land that is no longer economically feasible for its existing
use, the MWP will advise the APs to prepare a Deed of Sale to MWP.
(The MWP will assist the APs if the latter is not capable to do so). On the
other hand, the MWP will prepare its own Deeds of Sale to APs for the
replacement land. Both Deeds of Sale shall be submitted to the District
Government as among the requirements for the issuance of qabala (title),
which shall be co-ordinated by MWP. When the titles for replacement
land become available, the owners shall then surrender the title of
property to be acquired to MWP. The values of replacement lands shall
be reflected on the budget for compensation.
(ii) For partially affected land but which remains economically feasible, the
MWP will pay for the affected portions with cash compensation; or, land-
to-land compensation if the property is adjacent to government land and
nobody is using it customarily. If the latter option is the most viable, MWP
will be responsible for the reconstitution of titles of the land, and will follow
the steps described in the preceding procedures. Although a non-cash
compensation, the values of replacement lands shall be included in the
compensation budget.
2. Replacement Land for Unregistered or Customary Users Regardless of Land

Use
(i) For owners of affected lands without titles and which are no longer
economically feasible for their existing use, the MWP will arrange with the
District or Municipal government having jurisdiction of the lands for the
issuance of Deeds of Assignment (DoA) to APs. The DoA will ensure that
the APs will not be evicted from the assigned lots. The MWP shall
indicate the value of replacement lands in the budget for compensation.
(ii) For partially affected land without a title but which remains economically
feasible for its existing use, the AP shall receive cash for lost land.
3. Replacement Materials for House or Structures

(i) In consultation with the local officials, MWP will advise the district
governments to identify the areas where replacement earth materials
could be obtained. With assistance from the appropriate UN agency,
MPW will ensure that the sources, including the road access, are free
from unexploded land mines.
(ii) In case of replacement bricks, concrete, wood and other construction
materials other than earth, the MPW could pay cash compensation to
APs, or directly pay the commercial suppliers offering the lowest prices
within the areas covered by the district government hosting the sub-
project and have the replacement materials delivered to APs.

October 2004
Page 20
47. When all of the above procedures have been completed, the APs will sign a document
signifying their satisfaction on the compliance of MWP on the agreement. The PSC
Resettlement Specialist will guide the MWP in preparing a pro-forma document to be used for
the settlement of obligation in the replacement of affected land and/or materials for house and
structures.
b. Cash Compensation
48. Following the approval of budgets for cash compensation, the ESIAO will inform the
APs of the schedule of fund release. The ESIAO will also advise the APs to produce acceptable
legal documents pertaining to their identification for claiming the compensation. It is the main
responsibility of MWP to ensure that all the compensations and entitlements have been paid to
and settled with APs prior to clearing the RoWs. The MWP will initiate the following steps in
releasing the cash compensation and entitlements to APs:
• Through the district governments, MWP will advise the DRCs and the village
governors on the schedules of fund release to APs.
• The DRCs and the village governors shall then advise the APs to produce the
necessary legal documents for their identification in claiming the compensation
and entitlements due to them.
• The MWP will arrange with the district or city government for the release of
payment for compensation and entitlement to APS. In which case, the likely
office that will be in charge of the release is the district office of the Ministry of
Finance (MoF);
• The district office of the MoF will request the APs to present the documents
pertaining to their identification to facilitate the release of compensation and
entitlements due to them;
• The district office of the MoF will require the APs to sign a document indicating
the receipt of their compensation and entitlements.
e. Coordination with Relevant International Organizations
49. Afghanistan is presently dependent on assistance from the United Nations and other
international donor institutions. Given the situation, MWP will see to it that the APs will not be
disenfranchised from their assistance, such as, food for work, food for education, food for asset
creation, etc. It will co-ordinate with international institutions and provide them the list of APs so
that they will continue receiving such assistance. Prior to relocation, MWP will see to it that they
have food, or access to it during the transition process.
2. Implementation Phase
50. The MWP will arrange with the district governments, through the provincial
governments, for the orderly transfer of APs after they received their compensation and
entitlements. Prior to relocation, the ESIAO will advise the APs to make a list of their personal
belongings and check them after they have been relocated. Likewise they shall be advised to
cage their pets or herd their domestic animals in proper places.
51. The VRC shall organise the neighbourhoods that are not affected for their assistance in
which the male members could be requested to help for the transfer of personal belongings
while the female members shall accommodate the affected families in their houses for
temporary shelters. It will see to it that the disabled and the elderly members of the family, small

October 2004
Page 21
children, pregnant women, sick persons and mothers with newly born children are taken care of.
The MWP will request from the district government that during relocation, there should be also
health personnel, police security and a representative from district women’s affairs. The
Independent Monitoring Agency (IMA) shall be invited to witness the relocation process.
3. Post-Resettlement Implementation Phase
52. Several activities are also envisaged by MWP following the completion of resettlement
of APs. Social rehabilitation will be implemented, approaches for which are described in Section
5.7. Monitoring of resettlement activities and the compliance of the project policies by MWP, as
set out in this framework, are also the main agenda in this phase. This is because the internal
monitoring which is the responsibility of ESIAO, will be the basis of MWP in requesting from
ADB its “no objection” for the award of construction works to private contractors. On the other
hand, the external monitoring and evaluation of project policy compliance by MWP, which is the
responsibility of IMA, will be the basis of ADB in giving its “no objection” to the award of
construction works. The details of Monitoring and Evaluation are discussed in Section 5.9.
ADB will also conduct a mid-term evaluation to ensure that there are no adverse involuntary
resettlement effects.
4. Implementation Schedule
53. The duration of implementing resettlement will vary in each subproject area owing to the
length of their respective power transmission and distribution lines. However, the MWP
assumes that resettlement activities, as laid out in the preceding framework, will not overlap with
the schedules of construction activities in each subproject because the ADB has yet to review
the external monitoring and evaluation report by IMA which shall be submitted after all the APs
have been relocated. The review is expected to last a week or two before the Bank confirms
that it has “no objection” to MWP for the award of contract to the contractor.
F. Grievance Redressal
1. Objective and Procedures
54. The main objective of MWP in providing for a redressal mechanism is to avoid potential
delays on the award of construction works for PTDP subprojects. The APs should be aware of
the procedures on the resolution of grievances, which the ESIAO will inform to project
stakeholders during project disclosures and public consultations. This framework provides
three-stage procedures for redress of grievances and complaints. These are as follows:
a. Complaint by an AP on compensation and unpaid losses may be filed to their

respective VRCs. The VRC is obliged to reply and explain the decision within 15
days from the date the complaint was received.
b. If the AP is not satisfied or no reply from VRC, the grievance applications will be
forwarded to their respective DRCs. The DRC must decide within 15 days from
the date the APs have filed their complaints.
c. Again, if the AP is not satisfied with the decision, or in the absence of any reply
from the DRC, they can forward their complaints to the CoC which will issue the
final decision within 30 days. The grievance will be reviewed under the Project
Policy Framework of PTDP and decisions regarding grievances shall be
consistent with the approved Project policies and entitlement of PTDP.

October 2004
Page 22
2. Facilitating the Filing of Grievances
55. As the concept on compensation is new to the Government of Afghanistan, the PSC
Resettlement Specialist will design a pro-forma letter that shall be used by APs for filing their
complaints or grievances. The VRC should assist the APs in filling out the form in every stage of
filing the complaint. The letter form shall be prepared in three copies; the original to VRC, the
duplicate to the MWP, and the third copy to the complainant AP. The ESIAO representative will
inform the public of this requirement and the procedures for filing complaints and grievances
during public consultations.
G. Social Rehabilitation Measures
56. It is given that the stable supply of power and electricity will have positive
socioeconomic impacts in Afghanistan. However, some specific directions are needed for
poverty reduction under the RAP implementation so that project-affected women, minorities and
the poor can benefit more from the subprojects during their implementation. Under the PTDP,
the following will be implemented as social development packages which are designed to offer
opportunities and resources to APs, especially women, minorities and the poor. The objective of
this measure, exclusive of compensation to their loss assets and resources, is to establish their
self-sustaining economic and productive potentials that will pull them out of poverty in the short
and long-term.
1. Direct Employment to the Project
57. From mobilisation to actual construction, the subprojects will require many unskilled
workers for its various activities, such as, construction of temporary camps, transfer of
equipment and machines, digging the foundation of poles and civil works as well as carrying of
cables and other accessories to work sites. The MWP will stipulate a provision in the contract
with contractors for preferential employment of APs. It will explain to contractors that such is
essential since employment of APs in the Project construction will be an added source of
income in their income restoration process which is one of the principles of resettlement. ESIAO
will have the list of APs in each PTDP subproject area which shall be furnished to contractors.
Such compliance will be monitored by the IMA.
2. Fund for Social Development of Women and Minorities
58. The years of conflict in Afghanistan have greatly limited the roles of women in
development on one hand, and displaced many minorities on the other. This plan recommends
a budget contingency of Afs 78,000 to set up a fund for social development (FSD) to assist up to
200 affected women and minorities in poverty. APs shall be selected from each subproject area.
Rather than provincial governments administering this fund, it may be sensible for the NGO
contracted to monitor the resettlement action plan to use it to provide training to project affected
women and minorities on a suitable livelihood programme or through provision of micro finance.
Each eligible household will receive Afs 3,0005 for small business/alternative income generation,
such as livestock, micro enterprise, carpet weaving, etc. The ESIAO will co-ordinate with the
sub-project administrator to identify for each selected household a set of baseline data (e.g. size
of the family, quality of housing, current income/expenditure, employment, savings mobilisation,
5
This equates to USD 60, a figure determined through consultations in the field as sufficient for small business set up costs.

October 2004
Page 23
health and education) to be utilised for monitoring of both poverty programme and impact of
resettlement.
H. Resettlement Cost
1. Estimated Expenses
59. The total budget for executing the resettlement for seven PTDP subprojects is Afs 3.35
million or USD 68,420 (refer to Table 3: Resettlement Cost Estimate). Assumptions for
resettlement costs are given in Appendix 5B
Table 3: Resettlement Cost Estimate
2
Amount/Nº Quantity Size m Unit Cost USD Total USD
A. Land acquisition 100 4 4 1,600
B Loss of Trees 1,000 5 5,000
C House/Structure/W all Relocation 10 20 20 4,000
D Training/W orkshops 1 80 80
E Project Disclosures - all project areas 330
F Public Consultation - all project areas 850
G Land Survey not budgeted 0
H Detailed Measurement Survey not budgeted 0
I Internal Monitoring by MW P
Diesel 70
Per diems 830
J Supervision of Grievance Committee 310
K External Monitoring 53,000
L Fund for Social Development 1,600
M Loss of Business 5 150 750
TOTAL 68,420
2. Plan for Financing Resettlement
60. The Government of Afghanistan is responsible for payment of compensation and land
acquisition. As the entire operation of the government is largely dependent on UN agencies and
international donors, several options may be considered for financing the cash portions of
resettlement expenditures. MWP may arrange with the host provincial and district governments
to share expenses. It may also request assistance from international donors to allot portions of
their funds to resettlement activities which are consistent with their missions in Afghanistan.
Resettlement plan implementation in areas where the PTDP subprojects are viable to operate
shall be undertaken by MWP.
I. Monitoring and Evaluation
1. Internal Monitoring
61. All the activities in resettlement plan implementation are time bound and their
completion precede the awarding of contracts to contractors. It follows that the setting of time on

October 2004
Page 24
the mobilisation for construction of PTDP subprojects will depend on the findings of internal
monitoring. Given the significance of resettlement on PTDP, the ESIAO-CRO will closely
monitor and constantly co-ordinate with the concerned provincial governments for compliance of
all actions and activities in resettlement plans according to their allotted time for completion.
62. Reports from host provinces shall be collected by ESIAO-CRO on or before the end of
the month. A consolidated report shall then be released to MWP management a week after.
When all resettlement activities have been completed, the ESIAO Director will prepare a
terminal report from which the MWP will base its request the “no objection” from ADB for the
award of contract to contractors.
2. External Monitoring and Evaluation
63. The IMA that has been recommended be hired by MWP-ESIAO will evaluate the
resettlement plan implementation in the PTDP subprojects. It will assess whether the activities
in the resettlement plan were carried out according to the Project Policy Framework established
in the RAPs, duly approved by ADB. The evaluation will cover but not be limited to: (i)
compliance with resettlement compensation policies; (ii) adequacy of organizational mechanism
for implementing the RAPs; and (iii) the handling of complaints and grievances. The IMA will
see to it that the APs: (a) have been provided with replacement lands; (b) have re-established
their structures; and (c) were able to restore their incomes to pre-project levels. It will also
evaluate whether all compensation and resettlement activities have been satisfactorily
completed and rehabilitation measures put in place, and the construction areas are free of all
encumbrances before the awarding of contracts to contractors. The IMA will submit the External
Monitoring and Evaluation report directly to ADB.
a. Scope of Activities
64. The ESIAO will make the RAPs and the completed DMS questionnaires available to
IMA from which it will design the approaches in conducting the evaluation. Basically, the scope
of activities of IMA shall cover the following:
(i) Preparation of Evaluation Questionnaires. Two sets of questionnaires shall be

developed for the evaluation of RAPs; one for the representative sample of APs, the
other is for the organization responsible for the implementation of RAPs.
(ii) Survey of APs and Clarifications with MWP. From the list of APs, IMA will select and
establish representative samples that shall provide information on the adequacy of
entitlements, the dates and the manner they were resettled as well as compliance to
Project Policies. The information obtained from APs shall be cross-checked with MWP-
ESIAO and other offices involved in the implementation of RAPs.
(iii) Evaluation of Delivery and Impacts on Entitlements. Based on information from APs, the
IMA will identify the categories of impacts and evaluate the quality and timeliness of
delivering entitlements (compensation and rehabilitation measures) for each category of
impact, how entitlements were used and their impacts and adequacy to meet the
objectives of RAPs. Entitlements and other mitigation measures to be evaluated shall
include but not limited to:
a. Entitlements as specified in the RAPs
b. Income restoration measures
c. Development and implementation of the Fund for Social Development
programme

October 2004
Page 25
The quality and timeliness of delivery and sufficiency of entitlements shall be verified by
IMA from independent sources like the neighbours of APs and village leaders. The IMA
will use appropriate investigative and analytical techniques in assessing the post-Project
socio-economic conditions of the APs in relation to the baseline socio-economic data on
income and living standards.
(iv) Evaluation of Consultation and Grievance Procedures. The IMA will identify, quantify and
qualify the types of conflicts and grievances reported and resolved, and the consultation
and participation procedures.
(v) Declaration of Successful Implementation. The IMA will provide a summation of whether
involuntary resettlement was implemented in accordance with the Project Policies
established in the RAPs. This declaration will be the basis of ADB to grant the request of
MWP for “no objection” in awarding the contracts to contractors.
(vi) Issues and Follow-Up Actions. Descriptions of any outstanding future issues that are
required to bring the resettlement into compliance with ADB’s Policy on Involuntary
Resettlement. Likewise, it will describe further mitigation measures needed to meet the
needs of any AP or family perceiving themselves to be worse off as the result of
resettlement.
(vii) Lessons Learned. There will be descriptions of lessons learned from the evaluation that
might be useful in developing future resettlement policies in Afghanistan.
b. Reporting Requirements
65. Two types of report shall be prepared by IMA on the monitoring and evaluation of RAPs
for PTDP. One refers to the evaluation of RAP implementation before MWP should be advice by
ADB that it has “no objection” for the award of contracts to contractors. This procedure is
adapted from the practice that there should be inspection before the project turn over is
accepted by the EA.
66. The other type of evaluation report should provide the opportunity for ADB to reflect
more broadly on the success, or otherwise, of basic resettlement objectives, strategies and
approaches. The report shall be prepared at least one ex-post evaluation survey to assess the
achievement of resettlement objectives, the changes in living standards and livelihoods and the
restoration of the economic and social base of the APs.6
c. Indicators for External Monitoring and Evaluation
67. The following indicators shall be observed by IMA in the evaluation of RAPs:
Table 4: Indicators for External Monitoring and Evaluation

External Monitoring Basis for Indicators
Indicators
• Location
• Composition and structure, ages, educational and skill levels
• Gender of household head
Basic Information on AP or
• Ethnic group
households
• Housing type
• Land and other resource ownerships and their uses
• Income levels and their sources
6
ADB Handbook on Resettlement, A Guide to Good Practice, pp.80-81.

October 2004
Page 26
External Monitoring Basis for Indicators
Indicators
• Agricultural production data (for rural households)
• Value of all assets forming compensation and resettlement
entitlements
• Were house compensation payments made to the APs free
of depreciation, fees or transfer costs?
Restoration of living standards • Have resettlement strategies achieved the objective of
restoration of living standards for all APs including the
vulnerable APs?
• Were compensation payments sufficient to replace lost
assets?
• Was sufficient replacement land available to suitable
Restoration of livelihoods (data
standard?
to be disaggregated for APs
• Did transfer and relocation payments cover these costs?
moving houses, APs
• Have enterprises affected received sufficient assistance to
compensated with
re-establish themselves?
replacement land, APs with
businesses affected). • Have vulnerable groups been provided income-earning
opportunities? Are they effective and sustainable?
• Do jobs provided restore pre-project income levels and living
standards?
• Were the APs and their assets correctly enumerated?
• Were any land speculators assisted?
• Was the time frame and budgets sufficient to meet
objectives?
• Were entitlements too generous?
• Were vulnerable groups identified and assisted?
• How did resettlement implementers deal with unforeseen
problems?
Effectiveness of Resettlement
• Assess the compensation amounts and other entitlements
Planning
provided in relation what was planned in entitlement matrix.
• What was the actual cost of RAP implementation?
• Assess the effectiveness of institutional arrangements.
• Assess the effectiveness of grievance mechanism
• Were vulnerable households sufficiently assisted during the
dismantling, relocation and rebuilding of houses?
• Has the proposed organization for RAP implementation been
organised? Assess the capacity.
• Fund for Social Development of Women and Minorities
• Has the FSD been implemented? What activities were
planned? Implemented by whom? How?
Impacts of Poverty Reduction • Have small businesses been supported? Which businesses?
Strategy: How many? Type of support?
• Impact for women and minorities? Has women’s self-
employment and productive capacity been improved?
• Have women’s welfare and social protection been improved?
• Do APs know their entitlements? Do they know if these have
been met?
• How do APs assess the extent to which their own living
Levels of AP Satisfaction
standards and livelihood have been restored?
• How much do APs know about grievance procedures and
conflict resolution procedures?
• Were there unintended environmental impacts?
Other Impacts
• Were there unintended impacts on employment or income?

October 2004
Page 27
J. Indigenous People’s Development Plan
68. Although estimates vary, the ethnic composition of Afghanistan can be estimated at
approximately 38% Pashtun, 25% Tajik, 19% Hazara and 6% Uzbek - with other ethnic groups
making up 12% of the population. The household survey carried out under the TA returned an
ethnic composition over the project areas of Pashtun 52%, Tajik 35.3%, Uzbek 7%, Turkmen
2.3%, Hazara 1.8%, Nuristani 0.2%, Aimaq 0.2% and Other 0.3%. There are no indigenous
people according to the ADB definition and technically all the ethnic groups can be considered
ethnic minorities since their distribution across the country is quite regional, ie whereas in one
area Pashtuns may be the majority, in another they may be the small minority. Section 4 of the
Consultant’s Final Report details the ethnic composition of each sub-project area.
69. The relationships between the ethnic groups has varied with the political climate but a
common theme has been notable difference of the Hazaras, who are Sunni muslims (rather
than Shi’a muslims like the Pashtuns and Tajiks).
70. The project itself involves the transmission (inter-city/town) and distribution (intra-
city/town) of electricity. Physical infrastructure will include the installation of electrical equipment,
such as substations, towers and poles, conductors and the like. Socio-economic change likely
to result from increased electrification rates of households, and identified in the Social/Poverty
Assessment include cheaper energy for lighting and household appliances, increased livelihood
opportunities and benefits to the health and education sectors, amongst others. No likely
negative effects have been identified. Benefits will accrue evenly to all sections of the population
regardless of ethnicity. In particular however, the project will facilitate grid power being brought
for the first time to areas with a high percentage of ethnic minorities. (Imam Sahib and Sarepul).
71. Minimal land acquisition or resettlement will be required as a result of the project,
however where applicable those affected will be compensated in the same way as everybody
else, with special provision made for a Fund for Social Development of women and minorities
(refer to Section G.2).
72. Based on this analysis, the project has been classified as a ‘B’ project, with no
Indigenous People’s Development Plan/Framework (IPDP/IPDF) or specific action required. An
Indigenous People’s Checklist is included as Appendix 5C. Given the minor impacts on ethnic
minorities, the project design incorporates a Fund for Social Development of Women and Ethnic
Minorities (refer to Section G.2) in order to incorporate specific action favourable to indigenous
peoples/ethnic minorities.

October 2004
Page 28

SRP Power Transmission

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

SRP Power Transmission

Caricato da

Copyright:

Formati disponibili

SHORT RESETTLEMENT PLAN

Supplementary Appendix to the

POWER TRANSMISSION AND DISTRIBUTION PROJECT

Ministry of Energy and Water

This Report was prepared by the Borrower

II. Short Resettlement Plan 1

B. Scope of Land Acquisition and Resettlement

1. Imam Sahib to Shekhanbandar Transmission Line 1

C. Legal Framework and Compensation Policy

1. The Relevant Provisions from Law on Land Acquisition in Afghanistan 4

1. The Environmental and Social Impact Assessment Office 16

E. Implementation and Operational Framework

1. Pre-Resettlement Implementation Activities 18

1. Objective and Procedures 22

G. Social Rehabilitation Measures

1. Direct Employment to the Project 23

Power Transmission & Distribution TA

I. Monitoring and Evaluation

J. Indigenous People’s Development Plan 28

Power Transmission & Distribution TA

2. Where transmission lines are to be introduced to areas without existing alignments,

• Revised based on the detailed measurement survey, including full census of

Power Transmission & Distribution TA

October 2004 Page i

• Category B: Insignificant Resettlement - less than 200 people are displaced

9. As such, this report fulfils the requirements of a short resettlement plan.

B. Scope of Land Acquisition and Resettlement

1. Imam Sahib to Shekhanbandar Transmission Line

Power Transmission & Distribution TA

2. Khan Abad and Taluqan City Distribution

• Estimate of affected households: None

3. Transmission Line from Kabul to Gardez

• Estimate of affected households: None

4. Transmission Line from Naghlu to Jalalabad, with Link to Mehtarlam

Power Transmission & Distribution TA

• Estimate of affected households: Less than 20. No known female headed

6. Charikar City Distribution

5. Project Affected Persons

• Final detailed design of the transmission routes

Power Transmission & Distribution TA

C. Legal Framework and Compensation Policy

1. The Relevant Provisions from Law on Land Acquisition in Afghanistan

Chapter 1, Section 8. Related to land acquisition, the following factors shall be

Power Transmission & Distribution TA

2. ADB’s Policy on Involuntary Resettlement

a. Involuntary resettlement should be avoided where feasible.

3. Project Principles and Policies

Power Transmission & Distribution TA

Power Transmission & Distribution TA

a. Affected populations in the sub-project areas will be systematically informed and

Power Transmission & Distribution TA

Power Transmission & Distribution TA

Power Transmission & Distribution TA

4. Eligibility and Entitlements

b. Project Impacts and Entitlements

i. Agricultural Land and/or Grazing Land

1. Temporary Loss of Agricultural Land

a. Entitlements of Legal Owners (Holders of land titles or have

b. Entitlements of Unregistered or Customary Users (Not holding

2. Permanent Loss of Agricultural Land

a. For Legal Owners

Power Transmission & Distribution TA