RP1380 V4 Kyrgyz Republic`s Community Development and Investment Agency (ARIS) Additional Financing for the Bishkek and Osh Urban Infrastructure Project (AF BOUIP) WATER SYSTEM REHABILITATION IN ISFANA RESETTLEMENT ACTION PLAN Safeguards Specialist Elena Kutmanova CERTIFICATE ПР-8.1 No. 015872 valid till 24 October 2016 Phone: + 996(0709)57 39 30 E-mail: ekutmanova@mail.ru Bishkek May 2014 1 Table of Content Terms and definitions…………………………………………………………………………3 1. Background………………………………………………………………………………….3 2. Project description…………………………………………………………………………..5 3. Legal framework…………………………………………………………………………….6 4. Impact assessment…………………………………………………………………………8 4.1. Census…………………………………………………………………………………...8 4.2 Residents entitled to compensation during resettlement……………………………9 4.3. Assessment of compensation measures……………………………………………11 4.3.1. Compensation of land……………………………………………………………11 4.3.2. Compensation for crops………..………………………………………………..11 4.3.3. Rap budget………………………………………………………………………..11 5. Arrangements and procedures of compliance with OP 4.12…………………………122 5.1. Grievance redress……………………………………………………………………..122 5.2. Consulting and information…………………………………………………………..143 5.3. Monitoring and evaluation……………………………………………………………165 6. Organizational functions………………………………………………………………….17 7. Annexes……………………………………………………………………………………17 Annex 1. Isfana water supply network layout with marked project-affected agricultural land……………………………………………………………….....18 Annex 2. On allocation of land plot for construction of reservoir under Subproject “Construction of water supply system in Isfana”………………..20 Annex 3. Isfana Mayors’ Office DECREE No.68 dated 6 April 2014 «On compensation to PAP A.Ataev for crops”……………………………………..23 Annex 4. Copy of Letter of Agreement by PAP and household members for replacing part of land plot with equal land……………………………………25 Annex 5. Statement of compensation for winter crops of two agricultural seasons…27 Annex 6. Amendment to Cooperation Agreement between Isfana Mayor’s Office and ARIS………………………………………………………………………….29 2 Terms and Definitions RAP Resettlement Action Plan is a document on resettlement, with specific and legally binding requirements for resettlement and compensation to the affected side before the implementation of project activities that cause a negative impact. PAP Project affected persons who were forced to hand over their land or other assets due to the project. WB World Bank RFP Resettlement Framework Policy is a document that sets out the objectives and principles of resettlement, organizational arrangements and funding mechanisms. RAP is designed in accordance with the provisions of RFP. HH Household SR Storage reservoir BOUIP Bishkek and Osh Urban Infrastructure Project AF Additional Financing Right to A number of measures, including compensation, recovery of compensation losses, support, recovery of profit to displaced affected persons, depending on the nature of their losses to restore their economic and social situation. Resettlement Physical resettlement of PAP from his/her place of residence or business before the project. 1. Background The works for “Rehabilitation of water supply system in Isfana” are a BOUIP A-4 subcomponent of the main A component, which will finance the improvement and/or expansion of the water supply system, roads and other basic infrastructure, and the restoration and/or improvement of access to basic services in Novostroiki of Bishkek and Osh and in small towns. The water supply system in Isfana shall be rehabilitated due to poor current technical condition, insufficient water supply to the central part and lack of water in the Bozogul Novostroika, outdated energy consuming pumping equipment, high water losses in the 3 networks, out-of-order disinfection system, no water consumption records and need for extra high efficiency submersible pumps. Picture 1. Currently, water from ditches is used for drinking and technical needs by residents. Pictures 2-3. There is no water supply network in Bozogul Novostroika. The rehabilitation is expected to result in the increase of water users from 7600 to 10 500 people, improved water quality, reduction of losses, conditions for produced and supplied water, increased hydraulic pressure in the network and higher debit from 36 m³/hour to 90 m³/hour. One of the project works is construction of storage reservoirs to be built at the hillside from the Bozogul Novostroiki for collection and control of water supply to the Novostroika. After setting out (February 2014), social impact was identified: Part of agricultural plot (0.6 ha) owned by a farmer PAP #1 was in the in the storage reservoir construction area. Pictures 4-6. PAP’s land plot under storage reservoir construction site. 4 The Mayor’s Office took preventive social protection measures at the pre-project stage 1: 1. Issued Decree #10 “On acquisition of land plot for construction of storage water for rehabilitation of water supply system in Isfana” (Annex 2). 2. Allocated compensation to PAP #1 for winter wheat yield for two agricultural seasons in the amount of 28 820 Som (Annex 3). In this regards, a need emerged for 1. Mitigation measures by the Mayor’s Office to be consistent with mechanisms and procedures of OP 4.12 “Involuntary resettlement”. 2. RAP to be developed in line with BOUIP’s RPF in relation to social protection measures taken by the Mayor’ Office. 2. Project Description Rehabilitation includes following works: - water intake site; - water main from intake to the central part of Isfana; - water main from intake to Bozogul Novostroika; - reservoirs site in Bozogul; and - internal networks for Bozogul. The water intake would be located on the northern entrance to isfana with following works: – three wells with energy performance pumps installed (efficiency <70%); – two steel reservoirs, 700m³ each, will be built for storage and control of water supply; – new disinfection system using chlorine solution; – transformer substation for electricity supply to wells; and – 1st sanitary protection belt. The water main from intake shall be laid in two lines: one to the central part of the town and the second line to Bozogul. In the central part of Isfana nearby the mosque water will be distributed via existing networks. Water from the intake to Bozogul would first go to storage reservoir through second line, then to the internal networks in design. Following works would be built on the reservoirs site: – 2*400 m³ reservoirs; – watch-box; – fence; and – power line. 1 The peculiarity of Isfana RAP is that the plan was developed to bring the preventive (proactive) social security measures taken by Isfana municipality at pre-subproject project development stage in line with WB OP 4.12 “Involuntary resettlement” arrangements and procedures. That is why the preventive measures for social security of PAPs described in the RAP are given in the past time. 5 3. Legal Framework In Kyrgyzstan, despite the fairly detailed list of legal documents, there is no directly applicable law providing processes and procedures for involuntary resettlement 2 of citizens during seizure of lands for state or public needs in connection with placement and construction of facilities. Requirements relating to the issues of alienation of land and property of citizens and legal persons for state and public needs are set out in the Constitution, the Civil Code, the Town Planning Code, the Housing Code, the Land Code of the Kyrgyz Republic. Legislation of the Kyrgyz Republic provides a limited list of circumstances that allow expropriation of property of citizens/businesses. For this case the alienation of land and property is possible for state and public needs 3 under Art. 66 Sections 1 (2) and 4 of the Land Code of the Kyrgyz Republic. The general approach of the national legislation and the requirements of the World Bank OP 4.12 "Involuntary Resettlement" is that alienation of property of individuals / entities for public use can be made only with the prior and fair compensation (including through provision of equivalent land or monetary compensation). If the parties do not reach agreement, the issue of involuntary resettlement shall be resolved through the courts. Requirements of the legislation of the Kyrgyz Republic taking into account the World Bank OP 4.12 "Involuntary Resettlement" is aimed to ensure that: 1. measures to minimize involuntary resettlement were taken; 2. the loss of property is compensated at the replacement value of the property; 3. affected persons whose interests are affected are timely informed and compensation options are explained. Generally, if people derive income from the use of land, the best option is to give them land at least equal in quality and area. Affected persons should also be compensated for the crops; 4. under the current law, citizens who have the right to own land can claim for compensation. Persons who illegally own land or illegally reside on them, are not entitled to compensation for expenses incurred by them during their illegal use of land. Comparison of the requirements of the land legislation of the Kyrgyz Republic and the WB OP 4.12 “Involuntary resettlement” shown in the table 4 below: 2 In the Kyrgyz law, the term "involuntary resettlement" has a different meaning. This term is applied only to the change of residence of the citizens as a result of violence or harassment, or threat thereof. Therefore, in the Kyrgyz Republic it is recommended to use the term "resettlement", but not "involuntary resettlement." It should be borne in mind that the term "resettlement" is not in the legislation, but is found only in individual acts of normative-technical and normative-methodical character as SanPiN, etc. 3 Land Code of the Kyrgyz Republic Art. 66 "Grounds for seizure of land" - § 1 (2) " seizure (redemption) of land for state and public needs in accordance with this Chapter". p.4 "seizure of land for state and public needs is made after payment of the value of the right to land and compensation for damages". 4 pages 9-10 RFP BOUIP. 6 Table 1 Regulations of the Land Code of The WB policy on Involuntary Resettlement the Kyrgyz Republic Absence of official property right to a land will not Compensation for allotted lands prevent from provision of rights to PAPs; those only for landholders who have who do not have property rights to a land and/or property right to a land, share in a use it will have various options of resettlement land for official use or for those who assistance given that they exercised farming have traditional rights activity/ occupied the land during the period preceding to the cutoff date PAPs shall be fully informed and consulted on receiving compensations, rights for various types of compensations and resettlement options, including location of a new resettlement. This implies consultation, participation of PAPs, holding of awareness-raising and explanatory No consultations are required campaigns as well as ensuring the opportunity for among PAPs or community PAPs to participate in monitoring depending on regarding seizure of land or asset nature and scale of the impact. Resettlement plans shall be developed through consultations with PAPs and other stakeholders. Grievance redress mechanisms shall be established. Separate consultations on gender issues shall be held. Disclosure of information is essential requirement. Provision of a land against a seized land parcel is preferable, provided that, a proposed land parcel Compensation for land is made based on replacement value by is acceptable for PAP and shall fit in area and provision of another land parcel or fertility to a seized land parcel. I case of failure to payment in cash against a seized find appropriate land parcel, it shall be compensated in cash or through provision of land parcel. another land parcel with additional payment Standard cost is determined based based on current market price free from on established coefficients. No data deduction of any operational expenses are available on deductions (administrative expenses, taxes, payments for . registration or vesting property right), or reduction of the price due to depreciation. Compensation for other assets Compensation for lost asset shall be paid in cash (structures, crop, trees, income or in-kind based on current market price free from generated by business) is made on deduction of any operational expenses replacement value. No provisions (administrative expenses, taxes, payments for are envisaged for rendering any registration or vesting property right), without assistance for adverse impact or to reduction of compensation sum due to vulnerable PAPs. No payments for depreciation or retained material. Compensation transportation are envisaged. for transportation is envisaged. Proposals on allotment of Any land allotment and resettlement shall be agricultural or high-yielding lands avoided, if it cannot be avoided, it shall be are not encouraged if other type of minimized by means of study of all possible lands is available during options. infrastructure planning stage. No assistance is envisaged for Compensation shall be paid for loss of income 7 temporary or irreversible loss of and livelihood resulting from temporary or income/livelihood. irreversible land allotment for the purposes of the project. Comparing OP 4.12 "Involuntary Resettlement" and Kyrgyz legislation, it should be noted the consistency and coherence of OP 4.12, a great opportunity for informational participation of people in the preparation and implementation of the resettlement plan, rehabilitation and adaptation to the new location, as well as better responsiveness to the interests of the relocated population. Issues of land seizure in the Kyrgyz Republic comply largely with the WB 4.12 policy requirements. However, the regulations of the Kyrgyz Republic do not provide for assistance to affected persons without a full, legally enforceable title to the lost land or other property. In case of discrepancy between the laws of the Kyrgyz Republic and the requirements of the World Bank OP 4.12 Involuntary Resettlement, the OP 4.12 principles and procedures shall apply. This priority of WB standards over state law is a requirement for projects funded by the World Bank. "5 Whereby it is necessary to be guided by: 1. Bank Procedures OP 4.12 "Involuntary Resettlement"; 2. Operating policies OP 4.12 "The right to compensation and resettlement assistance"; 3. Annex A of the operational policies OP 4.12 "tools for the organization of involuntary resettlement" - defining elements of the resettlement plan; 4. RFP for the BOUIP AF project and this RAP. 4. Impact Assessment 4.1. Census During setting out of storage reservoirs in February, 2014 it was detected that they were located on private land. Picture 7. Setting out of storage reservoirs. 5 page 11 RFP 8 Verification of a range of PAPs, screening and scaling were carried out to identify potential impact, means of resettlement organizations and investigation including: a) PAP interviews with census of land, affected assets and property rights for land.; b) Socio economical features of PAP. Assets inventory was also carried out at the construction sites of water intake, designed water mains route, storage reservoirs and internal networks in Bozogul. The following was identified during inventory: 1. In Bozogul, ~ 0.6 ha of agricultural land plot owned by PAP #1 were on storage reservoir site (location scheme is presented in Annex 1); 2. Affected land plot was registered in the Unified Register of Leulek Property registration Department on November 27, 2007 and owned by PAP #1, a resident of Isfana. Picture 8. Certificate of land ownership by PAP. Picture 9. Syndication of compensatory land plot with a PAP. By the time of inventory, PAP #1 was using this plot for agricultural farming (seeded with winter wheat). During interview the PAP was notified of the census and the date of termination. The resident obtained the status of an affected person, the actual condition was determined for the land where storage reservoirs were designed to be located, and issues were clarified relating to permanent land withdrawal for construction of the storage reservoirs with sanitary protection zone. In addition, amount of monetary compensation for lost winter crops of two seasons was confirmed; compensation was calculated at the market value of Leulek Raion active by the payment time. During the census and subsequent transfer of land plot to the municipality the following documents were submitted: 1. Certificate No. 0086593 dated 24 September 2007 of land plot belonging to PAP #1. 2. Land plot layout. 9 3. Copy of Isfana Mayor’s decree #130 “On acquisition of land plot for construction of storage reservoirs for rehabilitation of water supply system in Isfana” dated 8 October 2013 (Annex 2); 4. Copy of Letter of Agreement by PAP #1 and his household members to exchange dry land for equivalent land plot in Kichi-Charkhan Stow (Annex 4); 5. Copy of Isfana Mayor’s decree #68 dated 6 April 2014 and statement of committee to make compensation payment for winter wheat of two agricultural seasons (Annex 3 and Annex 5). 4.2. Residents entitled to compensation during resettlement The category of persons who are entitled to compensation and assistance includes resettled persons who may be included in one of the following three categories: 6 a) persons who have formal legal rights to land in accordance with the legislation of the Kyrgyz Republic; b) persons who have no formal legal rights to land at the start of the census, but claimed rights to such land or assets - provided that such claims are recognized by the national legislation or in an order stipulated in the resettlement plan; c) persons who have no formal rights to land or property affected, or running on this plot business or other activities that provide means of living illegally or informally. This includes those involved in informal small business, and business or persons occupying the area without any permit, persons who have farm household for sale or for their own needs, etc. In this case, the persons assigned to the categories under subparagraphs (a) and (b) receive compensation for their withdrawn land, as well as other support. And persons falling within the categories specified in subparagraph (c), instead of compensation for their withdrawn land, shall receive assistance during moving to a new location, and if necessary, other forms of assistance. It should be noted that the Kyrgyz legislation does not oblige to pay compensation and render assistance to persons identified in subparagraphs (b) and (c). However, in order to achieve the objectives of OP 4.12, such compensation under this RAP is defined by the BOUIP entitlement matrix RFP 7. Extract from RFP Table Showing Entitlement Matrix: Eligible PAPs, Assets and Compensation Guidelines Table 2 Asset Project impact PAP category Compensation guide Affected Permanent acquisition Land owner Land Equal land plot to be of land for works provided within 3 km construction works radius in exchange of and as a part of main acquired land sanitary protection zone 6 RFP chapter 6.1 page 11 7 RFP page 13-14 10 Farmer with land title Owner Crops In addition to land compensation, will be allowed to take cash compensation for 2 seasons at the highest market rate. In this particular case, PAP #1 was classified as (a) person who was entitled to compensation. His right to a land plot is confirmed by the Certificate of Ownership of the concerned land plot 8 where storage reservoirs are planned to be constructed i.e. this document applies in the Kyrgyz Republic as prepared in accordance with the national legislation. Hence, the World Bank policy applies to compensation for the PAP category in question, though the person is protected by the acting legislation of the Kyrgyz Republic. 4.3. Assessment of compensation measures 4.3.1. Compensation of land 0.6 ha of land plot owned by PAP #1 and located in pattern No.98 of the Leulek Raion Land Cadastre shall be a subject to withdrawal for public needs. In exchange, the municipality of Isfana allocated an equal land for the farmer equivalent to market value, within 3 km radius in pattern No.707. Such exchange of land is informed both by lack of alternatives for location of storage reservoirs and technical reasons as hydraulic calculation for reservoirs to be built at specified elevation would guarantee 24-hours potable water supply to Bozogul Novostroika. The alternative of land exchange was acceptable to the PAP №1 and implemented with his consent, which is supported by Letter of Agreement in Annex 4. Following activities were carried out to implement procedure of land exchange: a) Copy of Letter of Agreement by PAP #1 and his household members to exchange part of land plot; b) Several options of land plots were proposed within 3 km radius; c) After the PAP #1 chose a land plot in pattern 707, procedures were completed for documenting the ownership with the property rights registration department at the municipality’s cost. 4.3.2. Compensation for crops Compensation payment of 28 820 Som was made for winter wheat on the withdrawn area of 0.6 ha. Amount of compensation was determined based on data from Leulek Raion Statistics Department for 2013 yields: maximum winter wheat yield per hectare in 2013 was 1.5 ton while the market value of 1 kg wheat was 15-16 Som/kg as of 19 February 2014. Calculation of compensation for winter crop Table 3 Area Average yield 9, Maximum Amount of Amount of Amount acquired for compensat 8 see Picture 8 on page 7. 9 According to Leulek Raion Statistics, average yield of winter wheat in 2013 was 1.5 ton per hectare. 11 SR Y(ton\ha) market price per compensation compensation ion for two construction kilo, for season, for season, seasons, S (ha) C (KGS) P (KGS)10, К=S×Y×P К=S×Y×P (KGS) (KGS) 1 2 3 4 5 6 0,6х1501х16= 0,60 15,01 16 2 28 820 14 410 4.3.3. RAP Budget The RAP budget was covered by the Mayor’s Office in the following amounts: Cash: 1. 28 820 Som as compensation for winter crops; 2. 1 500 Som as costs incurred the Mayor’s Office for re-registration of PAP’s ownership of compensated land plot with Isfana Registration Department. In-kind: 1. 0.6 ha of compensated land plot within 3 km radius equivalent to market value of withdrawn land. Such mitigation measures were taken at the Mayor’s Office cost, which was in line with Amendment #2 to the Cooperation Agreement 11 between the Mayor’s Office and ARIS dated 10 October 2013 (Annex 6). 5. Arrangements and procedures of compliance with OP 4.12 5.1. Grievance redress The mechanism of grievance consideration and redress has been developed so as to eliminate occurred risks or negative effects in relation to PAP. The mechanisms use the following principles: a) grievance redress mechanism should comply with the scale of project impact; b) mechanism should be efficient; use clear and open redress process; culturally acceptable for all the segments of PAPs; be free; c) mechanism should envisage the access to judicial and administrative measures, i.e. consider the right on judicial appeal; d) community should be properly informed on the mechanism.. 10 Average market value of 1 kg wheat was 15-16 Som/kg as of 19 February 2014 depending on efficiency of cleaning. 11 Paragraphs 1.4 and 1.6 of Amendment. 12 Procedure of grievance redress Table 4 Claim procedure Time to Who receive Form of Procedure of grievance redress consider grievance from PAP complaint grievance 1) Project plenipotentiary At applicant registers a complaint in the Project plenipotentiary, option/where Grievance Log 12 under Instance I chairperson of practical a sequence number; CDWUU Altyn-Beshik- complaint can 2) Supervises the process of Suu be received 5 days grievance redress; M.Kurbanov verbally both 3) Provides monthly reports on phone 0707 87 94 46 by phone and grievance redress performance in person to Municipality management and during meeting ARIS Umetov B.U. BOUIP Coordinator ARIS Safeguards specialist- Address: 102, Kutmanova E. (tel.: 0772 Bokonbaev str., ARIS Instance II HO, 720040, Bishkek, In writing, with 573930): Kyrgyz Republic signature and 1) Maintains direct contact with PAP; 14 days tel.: + 996(312) 30– date 18–05, 30–17–53, 30– 2) In case the claim is justified, 17–54, 62–07–52 organizes, consults with the fax: + 996(312) 62– complainant and develops 47–48, corrective action. e-mail:office@aris.kg In writing. In case of Instance III grievance 1) agreement with all the Isfana Mayor’s Office denial by involved sides; 30 days Phone 03455 5 02 44 Authority II it is 2) legal solution by Mayor’s forwarded Office from ARIS to Mayor’s Office 12 Templates are presented in Tables Nos. 6 and 7. 13 Instance IV Grievance is forwarded to the court in Following court Court of first instance case of its Following court procedures denial in the procedures Isfana Municipality 5.2. Consulting and information Pursuant to RPF provisions, necessary procedures were completed towards involvement in the resettlement activities of those being resettled, providing advice and ensuring their participation in resettlement measures together with Mayor’s Office officials whereby the PAP was a key unit in that process. To this effect, during consultations the PAP was provided in an open manner with legal advice on issues related to compensations from the municipality for withdrawn land and winter crops. Consultations were held in January 2014. Both cash compensation for crop and in-kind compensation in a form of provided land parcel were discussed. Consultations for project impact assessment were held in the form of direct negotiations as the most trustful and acceptable source of information for the PAP. Objectives and procedures of OP 4.12 and principles for preparation of RAP were explained to the PAP in understandable manner and language during the meeting with social impact consultant Elena Kutmanova. The PAP was notified of the beginning of census and termination dates. In addition, the meeting confirmed the amount of monetary compensation and characteristics of compensated land plot provided to the PAP by the municipality of Isfana. 14 Pictures 10- 15. Information and consulting meeting Consultations were also held for the residents of Bozogul novostroika, where census starting and cutoff dates were announced. It was explained that no resettlement assistance can be provided after cutoff date. Once prepared, the RAP will be submitted to ARIS/BOUIP Coordinator for approval and further circulation to the stakeholders: Mayor of Isfana town – Kozubaev T.R., PAP No.1, head of CDWUU “Altyn-Beshik-Suu” – Kurbanov M., head of Sulyukta department – Lyailyak regional cadaster and administration for registration of rights for immovable property – Usarov J. and head of Department for municipal property – Dosbekov T.J. Following two-week collection of comments and proposals, their assessment so as to introduce the comments to the RAP and repeated approval by ARIS Management, the RAP will be furnished to the Bank for review and No Objection with the view of compliance with OP 4.12. Then, using information disclosure principles, in particular information disclosure according to established procedure, this RAP will be published in the ARIS web-site, disseminated in Isfana Mayor’s Office and PAPs and published in the World Bank web- site. Information procedures are shown in the table below: Table 5 No. Sequence of information Who receives RAP Information outcomes Circulated to 1 Following RAP preparation To BOUIP coordinator for stakeholders, PAP and approval Isfana Mayor’s Office. 14 after circulation, the 1. Published in the team collects comments, ARIS web-site. To BOUIP coordinator for proposals and makes 2. Disseminated in repeated approval and 2 assessment of their Isfana Mayor’s Office further submission to the justification so as to and PAPs. Bank for review and NO introduce the comments to 3. Published in the RAP World Bank web-site. ARIS web-site will provide the RAP in English and Russian. RAP will be translated to the Kyrgyz language and circulated among stakeholders. 15 5.3. Monitoring and evaluation ARIS Safeguards Specialist will supervise the progress of RAP implementation through the entire construction period. The monitoring mechanism will be included in the monthly general report on project implementation in general including indicators and records of the following information: RAP implementation monitoring arrangement Table 6 Information # Monitoring indicators volume and records 1 Grievance and proposals received from PAPs 2 Denied complaints Allocation of land to the PAP#1 as a priority option; exchange of land 3 prior to project commencement Compensation payments from the municipality for crops and 4 services for legal registration of compensated land prior to project commencement The RAP will be kept in a separate file containing the following documents 1. RAP 2. Grievance Log (Tables 7,8); 3. Copies of documents on allocation of land plot to the PAP #1. 16 Grievance Log. Instance I (Project Plenipotentiary) of claim procedure Table 7 Is PAP PAP satisfied with Date of the results of contact Date of receipt Date of Subject respond consideration information of complaint by forwarding No. of to the by the (address, the Project complaint complaint received instance telephone Plenipotentiary to ARIS complaint (yes/no) number) denote reason 1 2 3 4 5 6 7 13 Grievance Log. Instance III of claim procedure and judicial resolutions Table 8 Is PAP satisfied Date of with the results Date of Date of Subject of receipt of Resolution of consideration applying receipt of No. repeated complaint of the by the instance to court respond complaint by the Committee (yes/no) denote and court by PAP Committee reason decision 1 2 3 4 5 6 7 13 Log is filled in case of denial of complaint in instances I and II 17 Grievance Log will be filled along with receipt of complaints and proposals from PAPs. Grievance redress will be carried out in line with the procedure of submission, consideration and redress of complaints (Table 4). The abovementioned documents will be saved in the storage file through the entire construction period. Following project completion, verification will be carried out so as to ensure compliance with OP requirements. 6. Organizational functions ARIS is responsible for the following items: a) Preparation of RAP in cooperation with the Isfana Mayor’s Office with participation of PAP; b) Implementation of RAP; c) Reliability of census of PAPs and their assets; d) Inform PAP of final RAP; and e) Deliver RAP no-objected by the Bank to all parties to the process. Isfana Mayor’s Office will be responsible for: a) Provide PAP with equal land plot in exchange of land withdrawn for public needs in the Bozogul Novostroika; b) Compensation payment to the PAP for winter crops; and c) Payment for re-registration of compensated land plot with state authorities. 7. Annexes 18 Annex 1 Isfana water supply network layout with marked project-affected agricultural land 19 20 Annex 2 Isfana Mayors’ Office DECREE Isfana No.130 2013/08/10 On allocation of land plot for construction of reservoir under Subproject “Construction of water supply system in Isfana” In order to allocate land plot as part of construction of reservoir in Bozogul area under “Construction of water supply system in Isfana” supported by the Bishkek and Osh Urban Infrastructure Project being implemented by ARIS, Isfana Mayor’s Office herewith decrees: 1. Based on the Letter of Agreement by Mr. Ahror Ataev and members of his family (attached), allocate 0.60 ha land plot in pattern No.98 for construction of reservoir in Bozogul area under “Construction of water supply system in Isfana” supported by the Bishkek and Osh Urban Infrastructure Project. 2. Allocate for Ahror Ataev 0.60 ha in Kichi Charkhana area as a land share from Land Redistribution Fund in pattern No.707. 3. Obligate Isfana Mayor’ Office Land Management Specialist N.Pulatov to prepare relevant documents within the legislation. 4. Responsibility for control over performing this Decree shall rest with Vice Mayor Z.J.Tuichiev. T.R.Kozubaev, Mayor of Isfana Isfana Mayors’ Office DECREE No.36 dated 11 March 2014 “On creation of committee for “Rehabilitation of water supply system in Isfana” 21 22 23 Annex 3 Isfana Mayors’ Office DECREE No.68 dated 6 April 2014 «On compensation to PAP A.Ataev for crops” In order to pay for crops on land plot located in Bozogul area and owned by A.Ataev, resident of Isfana, which was withdrawn for construction of storage reservoir under BOUIP subproject “Rehabilitation of water supply system in Isfana”, I herewith ORDER: 1. Make compensation payment to A.Ataev for crops on land plot located in Bozogul area and owned by A.Ataev, 0.6 ha of which were withdrawn for construction of storage reservoir under “Rehabilitation of water supply system in Isfana” project, in the amount of twenty eight thousand eight hundred twenty Som (28 820 Som). 2. Responsibility for provision of financing shall rest with A.Tashtanov, Chief Accountant/ Head of Isfana Mayor’s Office Financial and Economical Unit. 3. Responsibility for supervision of this decree shall rest with J.Tuichiev, Vice Mayor of Isfana. T.R.Kozubaev, Mayor of Isfana 24 25 Annex 4 Copy of Letter of Agreement by PAP and household members for replacing part of land plot with equal land Letter of Agreement We, the undersigned, upon consulting out household members, herewith agree to exchange 0.6 ha of our dry land plot located in pattern No.98 for dry land plot in Kichi- Charkhana area located in pattern No.707. Signed by: # Name Area, ha Passport details Signature 1 Ahror Ataev 0.2 AN 1942939 2 Akmal Ataev 0.2 AN 3092837 3 Iskandar Ataev 0.2 AN 0010479 stamped (handwritten: “for a true copy”) 26 27 Annex 5 Statement of compensation for winter crops of two agricultural seasons 28 29 Annex 6 Amendment to Cooperation Agreement between Isfana Mayor’s Office and ARIS Amendment #2 to Cooperation Agreement between the Kyrgyz Republic’s Community Development and Investment Agency and Isfana Mayor’s Office Amendment signed on 10 October 2013 On the basis of Additional Financing Agreement for Bishkek and Osh Urban Infrastructure Project signed on 3 May 2012 between the Kyrgyz Republic and International Development Association, ratified by Jogorku Kenesh of the Kyrgyz Republic on 21 June 2012 and signed by the President of the Kyrgyz republic on 29 June 2012, this Amendment is made to the Cooperation Agreement signed 10 October 2012 between the Kyrgyz Republic’s Community Development and Investment Agency (ARIS) having its place of business at 102 Bokonbaev Str., Bishkek represented by Executive Director Elmira Ibraimova on one part, and Isfana Mayor’s Office having its place of business at 10 Razzakov str., Isfana represented by the Mayor T.R.Kozubaev, on the other part. The parties hereby agreed to: 1. Paragraph (b) of Article 4 Section 2 “Rights and Obligations of the Mayor’s Office” shall be amended as follows: Under Project Subcomponent A4: • Identify (appoint) authorized representative of the Mayor’s Office assigned with responsibility for subproject implementation monitoring, acceptance and countersigning of statements of accomplished works including interim statements, participation in activities carried out by ARIS under the subproject etc. Upon appointment of its authorized representative the Mayor’s Office shall be obligated to notify ARIS thereof in writing and submit certified representative’s specimen signature. • Sign the contract prepared by ARIS, with the selected Contractor. • The Mayor’s Office co-financing shall be in the form of payment of respective share in invoices debited by the Contractor. Co-financing shall be completed no later than five working days upon the receipt of an invoice from the Contractor supported by the advance payment guarantee (for advance payment) or statements of completed works issued by authorized units of the Mayor’s Office (to pay for completed works). After co-financing is delivered the Mayor’s Office shall submit to ARIS request for payment to the Contractor with attached invoice and documents certifying that the Mayor’s Office had met its co-financing liability. • Should a land be required for the purpose of the subproject, allocate land plot in an established order for implementation of the subproject with subsequent registration of ownership at the local Gosregister office. • Should detailed design be required for the purpose of the subproject, ensure that such detailed design is developed and agreed in an established order with relevant authorities. • Review requests received from ARIS related to Cooperation Agreement and Implementation Agreement and take relevant measures, when appropriate. 30 • Ensure information on subproject progress is delivered to the public. All subproject information (funds allocated, prices for procured works and materials, implementation period, persons in charge etc.) shall be available on notice boards. • Ensure that the Project progress is highlighted in the media on a quarterly basis and at least once a year report to the Town Kenesh thereof. • Ensure acceptance of the completed subprojects in compliance with the legislation of the Kyrgyz Republic, their acceptance to the municipal property and hand over to operating utilities. 2. This Amendment shall become effective on the date of signature. SIGNATURES: Kyrgyz Republic’s Community Isfana Mayor’s Office Development and Investment Agency 10 Razzakov str., Isfana 102 Bokonbaev str., 720040 Bishkek Phone: +996 312 301805 Phone: +996 3656 50085 ________________________ _______________________ K.Ismailov T.Kozubaev Executive Director Mayor Co-signed by Balbak Umetov 31 32 33