RP1599 TRANSMISSION GRID STRENGTHENING PROJECT CONSTRUCTION OF AKHALTSIKHE-BATUMI 220KV POWER TRANSMISSION LINE RESETTLEMENT POLICY FRAMEWORK 41166_RPF_Eng_V04 March 2014 41166_RPF_Eng_V04 Signatures Chapter Page 2 of 59 Signatures chapter Prepared by: DG Consulting Ltd Prepared for: AGL- Ajaristsqali Georgia LLC and GSE- Georgian State Electro-System, LLC Revision Table chapter Revision # Revised Part of Document Reason of Revision 41166_RPF_Eng_V04 TABLE OF CONTENTS Page 3 of 59 TABLE OF CONTENTS 1. Introduction..................................................................................................................................5 1.1 Project Background and Overall Context ......................................................................................................... 5 1.2 Project Description .......................................................................................................................................... 6 1.3 Potential for Adverse Social Impacts ............................................................................................................... 8 1.4 Objectives and Guiding Principles ................................................................................................................... 9 2. Legal Framework ........................................................................................................................11 2.1 Georgian Laws and Regulations ..................................................................................................................... 11 2.2 International Requirements .......................................................................................................................... 12 2.3 Gap Analysis ................................................................................................................................................... 13 3. Compensation Eligibility and Entitlements .................................................................................15 3.1 Eligibility......................................................................................................................................................... 15 3.2 Entitlements .................................................................................................................................................. 16 3.3 Compensation Entitlement Matrix ................................................................................................................ 18 3.4 Allowances for Vulnerable Groups and Severely Affected Households ........................................................ 22 4. Methods for Valuating Affected Assets .......................................................................................25 4.1 Valuation Principles ....................................................................................................................................... 25 4.2 Structures ...................................................................................................................................................... 26 4.3 Land ............................................................................................................................................................... 26 4.4 Annual Crops.................................................................................................................................................. 27 4.5 Trees .............................................................................................................................................................. 27 4.6 Easement Fees ............................................................................................................................................... 27 5. Institutional Arrangements for RAP Implementation ..................................................................28 5.1 Land Registration Organizations .................................................................................................................... 28 5.2 Land Acquisition and Resettlement Organizations ........................................................................................ 29 5.3 Other Organizations and Agencies ................................................................................................................ 31 5.4 Capacity Building on LAR ............................................................................................................................... 32 6. Delivery of Entitlements .............................................................................................................33 6.1 Land Acquisition Process ............................................................................................................................... 33 6.2 EASEMENT AGREEMENTS .............................................................................................................................. 34 6.3 RAP Implementation Steps and Responsibilities ........................................................................................... 34 7. Public Consultation, Participationand Documents Disclosure .....................................................36 8. Grievance Redress Mechanism ...................................................................................................36 41166_RPF_Eng_V04 TABLE OF CONTENTS Page 4 of 59 8.1 Objectives ...................................................................................................................................................... 36 8.2 Formation of GRC .......................................................................................................................................... 37 8.3 Grievance Resolution Process ........................................................................................................................ 38 9. Monitoring and Reporting ..........................................................................................................41 9.1 Internal Monitoring ....................................................................................................................................... 41 9.2 External Monitoring ....................................................................................................................................... 42 10. Resettlement Budget and Financing ...........................................................................................43 Georgia Transmission Line Project .......................................................................................................................... 56 Outline Structure of Land Acquisition and Resettlement Action Plan (LARAP) ....................................................... 56 FIGURES Figure 1.2.1 Project corridor ................................................................................................................................ 7 Figure 9.3.2 Grievance Resolution and Acquisition Process .............................................................................. 40 TABLES Table 2.3.1 Comparison of Georgian Laws on RAP and WB’s OP 4.12 ............................................................ 13 Table 4.3.1 Compensation Entitlement Matrix ................................................................................................ 18 Table 7.2.1 The basic steps for the preparation and implementation of a Land Acquisition and RAP ............ 34 Table 9.3.1 Grievance Resolution Process ....................................................................................................... 38 Annexes Annex 1 PAP’s Socio-Economic Survey Questionnaire Annex 2 Affected Asset Inventory Form Outline Structure of Land Acquisition and Resettlement Action Plan (LARAP) 41166_RPF_Eng_V04 Page 5 of 59 1. Introduction 1.1 Project Background and Overall Context The Government of Georgia, acting through its Ministry of Energy and the Georgian State Electro- systems (GSE), would like to strengthen grid access for South Western Georgia by constructing a 220 kV double circuit overhead power transmission line connecting the sub stations in Akhaltsikhe and Batumi. The new transmission line will ensure more stable electricity supply in the region, reducing outages and enable GSE to meet the growing demand for electricity, as well as enhance export opportunities. The new transmission line will also allow the hydropower projects on the Adjaristsqali River, the 178 MW Shuakhevi project and the 150 MW Koromkheti project, developed by Adjaristsqali Georgia LLC to be connected to the grid. The location of proposed OHL is presented in Figure 1.2.1. Adjaristsqali Georgia LLC (AGL), is a special purpose vehicle/company set up by CEI for the development of the Adjaristsqali Hydropower Cascade after Clean Energy Invest AS (CEI, Norway), through competitive tender was awarded the rights to develop the hydropower potential of the Adjaristsqali River and its tributaries in the Autonomous Republic of Adjara. The company AGL, developing the Adjaristsqali cascade, is presently owned by Clean Energy Invest AS (Norway), Tata Power International (India) and InfraVentures (IFC, a member of the World Bank Group). Considering that AGL will benefit from the construction of the transmission line, the company has agreed with GSE and the Georgian Government to fund the development of the engineering, social and environmental studies required for the construction of the 220kV Akhaltsikhe-Batumi Project, whereas the construction works are planned to be funded by the World Bank. The Mott MacDonald Ltd (UK) has been assigned to undertake the engineering design for the transmission line and DG Consulting (Georgia) have been assigned to conduct the Environmental and Social Impact Assessment (ESIA) and prepare the Resettlement Policy Framework (RPF). GSE will be responsible for the construction and operations of the 220 kV transmission line and will own the line. GSE will also be responsible for land acquisition and implementation of the RPF. AGL’s responsibility for developing the project will end when the technical and environmental and social studies are approved by GSE. Land requirements for this project include permanent acquisition of land for sitting of the transmission towers, temporary impacts on land during construction, enhancement of access roads and, manly, marginal impacts related to easement for the right of way.The TL is approx. 150 km long and it is estimated that it will require approximately up to 500 towers, each requiring the permanent acquisition of up to 200 m2 for a total of 100,000 m2 (10 hectares) and the easement for the right of way would be approximately 65mwide, for a total easement area of approximately 9,750,000 m2 (975 hectares). It must be noted that impacts on the right of way are marginal and agricultural activities will be allowed to continue. It is also estimated that approximately 60 houses may need to be relocated. Land requirements for access roads are more difficult to estimate at this stage. It is expected that approximately 70% of parcels required for the positioning of tower will be located on state owned land. At the time of appraisal of the project by WB the complete micro-location of the TL alignment was not defined in detailed and therefore this RPF has been developed to determine the principles, criteria and procedures required to manage impacts associated to land acquisition and to prepare site- specific RAPs based on this RFP, Georgian regulations and the WB’s OP 4.12 w ill be prepared once the exact location of the TL is known. 41166_RPF_Eng_V04 Page 6 of 59 Apart of OP 4.12 on “Involuntary Resettlement� and its Annex A “Involuntary Resettlement Instruments�, the World Bank� Involuntary Resettlement Sourcebook� (Planning and Implementation Development Projects) has been also used as a guiding document during the preparation of this RPF. The IFC Performance Standard PS-5 “Land Acquisition and Involuntary Resettlement� (2012) and the IFC “Handbook for Preparing a Resettlement Action Plan (RAP)�, are generally in line with World Bank OP 4.12 and have been use as reference of good international practice but are not legally required for the OHL Project. 1.2 Project Description The 220 kV overhead transmission line will start from existing Akhaltsikhe 500/400 kV back-to-back substation and will connect to existing Batumi 220 kV substation. The total length of the double-circuit line is about 150 km. Activities envisaged by the project include right-of-way acquisition, land clearing, arrangement of access roads to the towers/poles where required, construction of foundations and towers, stringing – installation of conductors, insulators, other equipment. Various features/sections of the project are located in each of the following municipalities: Akhaltsikhe, Adigeni, Khulo, Shuakhevi, Keda, Khelvarchauri and Batumi. The final design is based on the outcomes of the routing study, geo- technical and cadastral surveys, towers spotting and the ESIA. The construction cost is estimated to be around 40 million USD and expected to begin in late 2014 and last 3 years. 41166_RPF_Eng_V04 Page 7 of 59 Figure 1.2.1 Project corridor 41166_RPF_Eng_V04 Page 8 of 59 The Routing Study has been undertaken in 2012-2013 to identify a preferred corridor for the construction of a proposed 220 kV overhead line connecting Akhaltsikhe and Batumi substations. The main considerations during the selection of route corridor were: the ease with which the route can be accessed for construction and maintenance; the constructability of the line taking into account the topography; environmental constraints; minimization of private land acquisition and social impacts; and ground conditions, including areas prone to landslides. The transmission line corridor practically follows the main river gorges, where the most population and infrastructure are concentrated. The corridor passes the plateau area in vicinity of Akhaltsikhe city located to the south from lesser Caucasus ridge. Then the corridor continues west, crosses the highland section near to the Beshumi Ski Resort and dives into the Skhalta River gorge. The corridor follows Skhalta River down to confluence with Adjaristskali River and after follows the river and main road down to Batumi, where overhead line will be connected to the existing substation in Batumi. The proposed corridor uses an existing line (called the 110 kV ‘Adigeni-Beshumi’) corridor for approximately 11 km of the route (east of Beshumi). Tower spotting work has been undertaken following the topography survey/walkover and in collaboration with the environmental and social constraints mapping. The concept developed largely avoids built up areas, thus minimizing the need for private land acquisition and resettlement. The line route itself has been chosen to avoid settlements and their associated infrastructure as well as tourist areas. The transmission line towers will have around 300-400 m spans in average, be approximately 2 35 meters high and require around 50-200 m area of land for construction of foundations (depending on location, at steep slopes the bigger area may be required). It is considered, that the land parcels for pole foundations will be acquired and will become property of GSE. Parcels required for installation and stringing will be impacted only for short period of time. 1.3 Potential for Adverse Social Impacts Based on screening exercise undertaken at the pre-feasibility and routing study stage, it has been concluded that the 220 kV Akhaltsikhe-Batumi OHL Project involves substantial new construction and some sections of the transmission line are crossing populated areas and private plots of agricultural land. Adverse social impacts of construction activities in populated areas are related to land acquisition for towers foundation (which is minimized through avoiding the settlements), short term disturbances caused by noise, emissions, disruption of traffic patterns and limitation of access to sites, traffic safety etc. It is clear that apart of social impacts caused by construction activities, the most significant impact is associated with project-related land acquisition. Land requirements for this project include permanent acquisition of land for the sitting the transmission towers, temporary impacts on land during construction, enhancement of access roads and, manly, marginal impacts related to easement for the right of way. The TL is approx. 150 km long and it is estimated that it will require approximately up to 500 towers, each requiring the permanent acquisition of up to 200 m2 for a total of 100,000 m2 (10 hectares) and the easement for the right of way would be approximately 65m wide, for a total easement area of approximately 9,750,000 m2 (975 hectares). It must be noted that impacts on the right of way are marginal and agricultural activities will be allowed to continue. It is also estimated that approximately 60 houses may need to be relocated. Land requirements for access roads are more difficult to estimate at this stage. It is expected that approximately 70% of parcels required for the positioning of poles will be located on state owned land. . 41166_RPF_Eng_V04 Page 9 of 59 1.4 Objectives and Guiding Principles The objective of the RPF is to ensure the adequate management of land acquisition and easement required for the project in accordance to international standards, and also to provide guidance for the preparation and implementation of Resettlement Action Plans for the construction of the project. The RPF establishes a standard approach for the treatment of land acquisition and easements, as well as livelihood restoration in all Project activities in line with Georgian regulations and the WB OP 4.12, and considering the IFC PS5 as reference of good practice. It identifies procedures and requirements to guide GSE in dealing with people who experience land and property losses or economic displacement due to the Project-related land requirements. Objectives:  Land acquisition and resettlement will be minimized or avoided where possible. Where resettlement is unavoidable, the procedures and requirements outlined in this Framework will be followed. Resettlement Action Plans (RAPs) will be designed to minimize adverse impacts.  Affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to levels prevailing prior to the beginning of project implementation.  All project affected persons (PAPs) will be meaningfully consulted and be active participants in the negotiated settlements and will have access to adequate and accessible grievance redress mechanisms. Consultations will consider gender issues and take into account the needs of stakeholders who may be considered vulnerable. Guiding principles:  GSE will aim to achieve negotiated agreements on land acquisition with all PAPs based on the principles set out in this Framework. GSE will negotiate fairly and openly with all PAPs to reach mutually acceptable agreements on compensation. Expropriation or easement imposition will only be undertaken as a last resort where negotiation fails.  All land acquisition and resettlement activities will be managed through RAPs, particularly when there is physical displacement which means relocation or loss of shelter or structure and/or when there is loss of economic displacement which means loss of income or livelihood. Implementation results will be documented, monitored and, after completion, evaluated.  Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people and undertaken accordingly.  Engagement and compensation will be carried out with equal consideration of women and men.  Particular attention should be paid to households headed by women and other vulnerable groups, and appropriate assistance should be provided to help them improve their status.  Land acquisition and resettlement action plan should be conceived and executed as a part of the project, and the full costs of compensation should be included in project costs and benefits.  Compensation and resettlement subsidies will be fully provided prior to clearance of right of way/ ground levelling and demolition.  Upon completion of construction, restore land as best as possible to its original condition in the event of temporary disruption so as to enable landowners/users/lessees to resume their pre-project activities; 41166_RPF_Eng_V04 Page 10 of 59  All PAPs, without regard to legal status of property, will receive support of various kinds, as per the principles set out in the Entitlement Matrix include in this RPF.Lack of legal title should not be a bar to compensation and/or rehabilitation.  The details of land acquisition procedure will be spelled out in RAP(s)(see Annex – RAP Outline) and they will include the following elements: - Introduction - Objectives and Principles - Minimization of Impacts - Census and Socioeconomic Surveys - Legal Framework and Valuation Methods - Eligibilityand Entitlement Matix - Resettlement Sites - Consultation and Participation - Grievance Redress Mechanism - Institutional Arrangements and Implementation Team - Implementation Schedule - Monitoring and Evaluation– M&E (including M&E Report template) - Cost and Budget , . 41166_RPF_Eng_V04 Page 11 of 59 2. Legal Framework The Resettlement Policy Framework for Transmission Grid Strengthening (TGS)and Batumi- Akhaltsikhe 220kV Overhead Power Transmission Line Project is based on national laws and legislation related to land acquisition and resettlement in Georgia and, since it will be financed by the World Bank it must comply with the WB’s Involuntary Resettlement Policy (OP/BP 4.12). It must be noted that Loan Agreements between the World Bank and client governments, in this case the Government of Georgia, have the legal status of international treaties. By signing the Loan Agreement the Government agrees to abide to the applicable World Bank Environmental and Social Safeguards. Whenever there is a difference between local regulations and WB policies, whichever is more stringent and/or is more favourable to the affected people, will prevail. 2.1 Georgian Laws and Regulations The Constitution of Georgia recognizes universally acknowledged human rights, including those pertaining to private ownership and its protection. The Constitution creates a foundation for the legislative basis of possession of immovable property and recognizes the right of ownership and also permits expropriation for public needs, where necessary, whilst facilitating the payment of relevant compensation. In certain cases of public need, the State may take private lands into state ownership or take actions that otherwise affect private land. The following laws are relevant to the land acquisition, property ownership, expropriation and other issues related to resettlement and compensations on Georgia: (i) The Constitution of Georgia, 1995 (ii) The Law of Georgia on Ownership Rights to Agricultural Land, 1996 (iii) The Civil Code of Georgia, June 1997 (iv) The Civil Procedural Code of Georgia, November 1997 (v) The Law of Georgia on Rules for Expropriation of Ownership for Necessary Public Need 1999 (vi) The Law of Georgia on State-owned Property, 2010 (vii) The Law of Georgia on Protection of Cultural Heritage, 2007 (viii) The Law of Georgia on Recognition of the Property Ownership Rights, 2007 (ix) The Law of Georgia on Public Registry, 2008 (x) The Law of Georgia on Notary Acts, 2009 Overall the above laws consider that compensation for lost assets, including land, structures, trees and standing crops, should be based on the current market price without depreciation. Laws provide that the principle of replacement cost compensating at market value is reasonable and legally acceptable. The laws also identify the types of damages eligible to compensation and indicate that compensation is to be given both for loss of physical assets and for the loss of incomes. Income loss due to loss of harvest and business closure will be compensated to cover net loss. Legislation places strong emphasis on consultation and notification, to ensure that the PAPs participate in the process. Finally, these laws give the following mechanisms for legal application of the property rights: (i) Obtaining the right of way without expropriation through the payment of due compensation (on the basis of a contract or agreement, or a court decision) prior to commencement of the activities. 41166_RPF_Eng_V04 Page 12 of 59 (ii) Expropriation which gives the possibility of obtaining permanent right to land and/or other real estate property on the basis of Eminent Domain Law (Law of Georgia on Expropriation) or a court decision through the payment of due compensation. Should the agreement/negotiations on compensation fails, the expropriation process under the “eminent domain� will start. Under the existing Law of Georgia on Rules for Expropriation of Ownership for Necessary Public Need (1999)the expropriation shall be carried out based on the order of the Minister of Economy and Sustainable Development of Georgia and a court decision. The order of the Minister of Economy and Sustainable Development of Georgia will determine the case of public needs, and grant the expropriation entity rights to obtain land. Only the court shall determine a state body or local authorities and/or legal entity under the Public or Private Law to which the expropriation rights can be granted. The court decision should also include a detailed inventory of the assets to be expropriated and the provisions on the compensation payable to relevant land owners After issuing an order by the Minister of Economy and Sustainable Development of Georgia the entities interested in obtaining expropriation rights shall notify all the relevant owners of expropriable property. This information should be published in central and local newspapers and contain a short description of the project and its area and expropriable property. In addition to the technical standards, the GSE is following the standards set up in the Presidential Decree #964 (dated 27 December 2009) “On the Protection Procedures for Electricity Grid Linear Facilities and Determination of its Protective Zones�. This document sets/regulates the procedures for the protection of power lines including the parameters (area , distances, width, clearances) of the protective zones, access roads, RoWs in forests and other treed/vegetated areas, conditions for locating/constructing buildings (other facilities) and conducting works in these protective areas. The document is based on Law of Georgia “On Normative Acts� (Clause 18, paragraph 2) and its objective is to facilitate the uninterrupted functioning of the power grid, to ensure safe operations, to meet the requirements of the sanitary and safety norms, to prevent accidents. According to Clause 3.1.a.a.b., the width of the protective zone for the 220kV OHL RoW is 25m from the edge conductors on each side (technically more precisely - from the parallel projection of the edge conductors to the land surface). Clause 3.2 a.b.a. regulates the tree felling/clearing width in forests, forested areas and parks – which is distance between edge conductors plus distance equal to maximum height of forest trees in that particular area, to the both sides of the line. Other clauses of the Decree regulate distances to water bodies, buildings in settlements, motor roads, other OHLs, restrictions for building/construction development, planting/agriculture, other works/activities within sanitary zones, safety requirements, etc., etc. 2.2 International Requirements As mentioned before, since the project will be financed by the WB its environmental and social safeguard polices apply; in the case of land acquisition the applicable policy is OP 4.12 on Involuntary Resettlement. In the context of the OP 4.12 “involuntary resettlement� means not only the physical relocation of people, but also compensation for any loss of land, other assets, income, etc. due to project-related land acquisition and easement. According to the OP 4.12,for projects that are expected to require involuntary resettlement, but where the exact location of the project is not known, the borrower should have in place a Resettlement Policy Framework that conforms to this policy. Once the exact location of the project is known, one or more site specific Resettlement Action Plan(s) consistent with the provisions of the RPF should be developed and approved by the Bank. 41166_RPF_Eng_V04 Page 13 of 59 Three objectives form the basis of OP 4.12:  Involuntary resettlement should be avoided where possible, or minimized, by considering alternative project designs.  Where resettlement is unavoidable, resettlement activities should be planned and executed as sustainable development programs, enabling project affected persons (PAPs) to share in its benefits, be meaningfully consulted, to participate in planning and implementing the resettlement programs. 2.3 Gap Analysis The most significant difference between Georgian legislation and the WB requirements is that under Georgian legislation, emphasis is put on the definition of formal property rights and on how the acquisition of properties for public purposes is to be implemented and compensated while in the case of WB policy emphasis is put both on the compensation of rightfully owned affected assets and on the general rehabilitation of the livelihood of PAPs. Because of this, WB policy complements the Georgian legislation/regulation with additional requirements related to (i) compensation of for loss of assets at replacement cost; (ii) the economic rehabilitation of all PAPs (including those who do not have legal/formal rights on assets acquired by a project); (iii) the provision of indemnities for loss of business and income, (iv) and the provision of special allowances covering PAPs expenses during the resettlement process or covering the special needs of severely affected or vulnerable PAPs. Also, in addition, the legislation of Georgia does not require any specific measure regarding the need to prepare RAPs based on extensive public consultations. The differences between Georgia law/regulation and WB policy are outlined in Table 2.3.1 below. Table 2.3.1 Comparison of Georgian Laws and WB’s OP 4.12 Georgia Laws and Regulations WB OP 4.12 Corrective Action Land compensation only for titled Lack of title should not be a bar to In practice legalizable land landowners. compensation and/or rehabilitation. Non- owners are also compensated titled landowners receive rehabilitation. after they are issued with the necessary papers. GSE will support those without legal titles so they can be titled. In those cases where for some reason land users can’t be titled, the GSE will seek the Government's approval for rehabilitation/compensation of such non-titled land users. Only registered houses/buildings are All affected houses/buildings, regardless of It is assumed, that majority compensated for damages/demolition legal status, are compensated for caused by project-related land damages/demolition caused project-related acquisition land acquisition 41166_RPF_Eng_V04 Page 14 of 59 Crop and trees losses compensation Crop losses compensation provided to Practically all croplands are provided only to registered landowners and sharecrop/lease tenants registered in Georgia either in landowners. whether registered or not Public register or in the villages. In case of leased land plots, the compensation will be paid to renters for their actual losses and be given assistance to access some other land to continue activities. Compensation for loss of assets is Compensation for loss of assets is based Compensation will be paid based on market value without taking on market value without taking into based on market value without into account depreciation account depreciation and should also taking into account include transaction costs such as taxes depreciation. and registration fees. It should also GSE will have in place clear include other resettlement costs such as legal procedures to allow for cost of preparing land for cultivation. recognition of transaction costs and other resettlement costs. The asset evaluation criteria will be based on replacement value as per OP 4.12. Administrative body implementing the Complaints & grievances can also be The GSE resettlement team Project (GSE) is the only pre-litigation resolved informally through a project-level will have in place a final authority to decide disputes and grievance redress mechanism which in mechanism to receive, address complaints regarding some cases can have community register and process quantification and assessment of participation through a Grievance grievances from APs. compensation for the affected assets. Redress Committees (GRC), Local Complaints are reviewed in governments, and NGO and/or local-level Representatives of compliance with the formal community based organizations (CBOs). municipalities, local authorities procedures (rules) established by the and villages will be involved in Administrative Code of Georgia. the process from early stages. There is no informal grievance This will ensure solution of redress mechanism through disputes and claims (if it is community participation at the local possible) at community level, level. however if solution could not be found, the case will be processed in accordance to local legislation. Decisions regarding land acquisition The RPF and RAPs including information The preparation of the RPF and resettlement are discussed only on criteria for valuation of affected assets, and RAP will be done through between the landowners and the entitlements, and compensation/financial engagement with relevant agency in charge of land acquisition. assistance are to be publicly disclosed stakeholders and the RPF and during the planning process. RAPs will be publicly disclosed. No personal information of the AP or amounts they each individual will receive No provision for income/livelihood WB policy requires rehabilitation for GSE will have in place clear rehabilitation, allowances for severely income/livelihood, severe losses, and for legal procedures to allow for affected or vulnerable APs, or expenses incurred by the APs during the additional assistance for resettlement expenses. relocation process. severely affected and vulnerable households in accordance to the RAP. 41166_RPF_Eng_V04 Page 15 of 59 No specific plan for public Public consultation and participation is the The public consultation process consultation is provided under the integral part of WB’s policy which is a will be accomplished in Georgian laws continuous process at conception, accordance to WB preparation, implementation and finally at requirements and guidelines post implementation period prior to RAP implementation To reconcile the gaps between Georgia laws/regulations and WB Policy, GSE has adopted this RPF for the Project, ensuring compensation at full replacement cost of all items, the rehabilitation of informal settlers, and the provision of subsidies or allowances for those PAPs who will be relocated, suffer business losses, or will be severely affected. 3. Compensation Eligibility and Entitlements The Implementing Agency (GSE) must establish and disclose the criteria by which affected people will be considered eligible for compensation and other resettlement assistance. This procedure should include provisions for consultations with affected persons, households, and community leaders, local authorities, and, as appropriate, NGOs. Under the World Bank and IFC policy, displaced persons in the following two groups are entitled to compensation for loss of land or other assets, such as dwellings and crops taken for project purposes, and to resettlement assistance: a) Those who have formal legal rights to land or other affected assets (including customary and traditional rights to the use of land or other assets); and b) those who do not have formal legal rights to land or other assets at the time of the census, but who have claim to such legal rights by virtue of occupation or use of those assets. So the absence of legal title to land or other assets is not, in itself, a barto compensation for lost assets or to other resettlement assistance. Persons belonging to the second group above may or may not be present in the project area during the time of the census. This section identifies categories of project-affected-persons (PAPs) and eligibility criteria for each category, as well as entitlements for each category. The primary criterion for PAP eligibility is that the person or the asset must have been located within a project area before the cut-off date established when the census/inventory is completed. The PAP’s association with the location and the asset must be registered or recognized in the local community. Care shall be exercised to verify claims that might disadvantage vulnerable PAPs. Local authorities shall be consulted if a claim is in doubt. 3.1 Eligibility The following categories of people will be eligible for compensation provided they were present in a project area prior to the cut-off date. In cases where structures or prohibited crops are present along existing OHL RoW, the owners shall be considered eligible for compensation unless GSE can document that the RoW was duly compensated, and/or constructed before the current structures or crops were established: APs entitled for compensation or at least rehabilitation provisions under the Project are: (i) All PAPs losing land either covered by legal title/traditional land rights, Legalizable, or without legal status; (ii) Tenants and sharecroppers whether registered or not; (iii) Owners of buildings, crops, plants, or other objects attached to the land; and (iv) PAPs losing business, income, and salaries. 41166_RPF_Eng_V04 Page 16 of 59 The eligibility to land compensation for this project has been elaborated as follows:  Titled PAPs will be fully compensated  Untitled PAPs who were legitimate leasers under the old Soviet system and have either plots with a house or adjacent to a plot with a house will be legalized and then compensated.  Untitled PAPs who were not legitimate leasers under the old Soviet system and who use or cultivate the land they occupy only extemporaneously and can’t be legalized will be elegible for crop or income compensation, and other assitance required to restore their living conditions.  Residents in houses with legal titles that need to be displaced will compensated for the land and structure at full replacement value and assisted to relocate in a new house with adequate access to services.  Residents in houses that don’t have legal titles will not be compensated for land value, but will receive compensation at full replacement cost of the housing structure and will receive assistance to relocate to new adequate housing with access to services in accordance with the Entitlement Matrix at the rear of this document. Compensation eligibility will be limited by a cut-off date to be set for each subproject on the day of the beginning of the PAP Census and DMS. PAPs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction. In the case of absentee owners (e.g. people with legal rights to the land but who are living elsewhere), they will still be elegible for compensation and the implementing agency should make, and document, good faith efforts to find them and inform them about the process. These efforts may include efforts to reach them through their neighbors, publication of an ad in newspapers informing about the process, etc. If they can’t be found, and in accordance with local requirements, the compensation amount must be allocated in a escrow account and be readibily available should the absentee owner reapear. 3.2 Entitlements Entitlement provisions for PAPs losing land, houses, and income and rehabilitation subsidies will include provisions for permanent or temporary land losses, buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or existing minimum market rates. These entitlements are detailed below: Entitlement provisions for PAPs losing land, houses, and income and rehabilitation subsidies will include provisions for permanent or temporary land losses, buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below:  Agricultural land impacts will be compensated at replacement value either with replacement plots of the same value of the land lost and at location acceptable to PAPs where feasible, or in cash free of transaction costs at current market rates or (if no land markets are active) based on the reproduction cost of the affected land. The cash at market rates option has been selected for the Program. When >10% of an PAP agricultural land is affected, PAP (owners, leaseholders and sharecroppers) will get an additional allowance for 41166_RPF_Eng_V04 Page 17 of 59 severe impacts equal to the market value of a 2 year’s gross yield of the land lost. In case of severe impact on other income, the PAPs will be paid additional compensation corresponding to 3 months of minimum subsistence income. Transaction taxes/fees will be paid by GSE or waived. Legalizable PAPs will be legalized and paid as titled owners. Non-legalizable PAPs losing agricultural land plot, which is the only land plot owned by AP and provides main source of income for AP, will be compensated with one time allowances in cash equal to 1 year of minimum subsistence income to allow the AP to establish its economic activities elsewhere. Residual non-affected sections of a plot that becomes inaccessible or unviable to use after acquisition will also be compensated.  Non-agricultural land (Residential/commercial land). Legal settlers will be compensated at replacement rate either with replacement plots and houses of same value as plots and houses affected and at location acceptable to PAPs where feasible, or in cash at current market rates, free of transaction cost. The cash at market rates option has been selected for the Program. Renters/leaseholders will receive a 3 months’ rent allowance. Non -legalizable PAPs losing land plot and/or house, which is the only land plot / house used for residence or providing main source of income for AH, will be compensated with one time self-relocation allowances in cash equal to 1 year of minimum subsistence income (300GEL X 12 = 3.600GEL) / or provided with an alternative residence with adequate conditions and access to services. The allowance will be calculated based on a 5 people family  Crops: Cash compensation at current market rates for the gross value of 1 year’s harvest by 1 default . Crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.  Trees: Cash compensation at market rate based on type, age and productivity of trees.  Businesses: If business is lost permanently it will be compensated in cash equal to a 1-year income based on tax declaration or, if unavailable, based on the official minimum subsistence income. Temporary business losses will be compensated in cash for the business interruption period based on tax declaration or, if unavailable, official minimum subsistence income.  Affected business workers/employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.  Relocation allowance: APs forced to relocate will receive a relocation subsidy sufficient to cover transport costs and living expenses for 3 months.  Vulnerable Peoples Allowance: Vulnerable people (APs below poverty line and women or elder headed households without any other bread-winner member of family) will be given an allowance corresponding to 3 months of minimum subsistence income and priority in employment in project-related jobs. The allowance is to be calculated based on a 5 people family and the monthly-updated benchmarks indicated by the National Statistics Office of Georgia at time of RAP approval  Severe Impacts Allowance; PAPs losing >10% of agricultural land or >10% of non- agricultural income will receive a severe impacts allowance. When >10% of an PAP agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a 2 year’s gross yield of the land lost. In case if this value is less than 3 months subsidence minimum, than the severely affected PAPs will receive allowance equal to 3 months minimum subsidence. For 1 Compensation by default means that crop compensation will be paid irrespective of whether the crops were already harvested or not at the time of impact. This covers also compensations for income expected from crops on affected agricultural land permanently used for crop cultivation during the recent years. In case if the land was permanently used for crop cultivation, but for the year, when the inventory of losses was conducted, no crops have been planted (due to need of rest to this land or illness of the farmer or any justifiable reason), the land parcel still will be considered as designed for crop cultivation and relevant compensations will be paid 41166_RPF_Eng_V04 Page 18 of 59 cases of severe impact on non-agricultural income, the PAPs will be paid additional compensation corresponding to 3 months of minimum subsistence income. This allowance is to be calculated based on a minimum subsistence income for 5 people family and the monthly-updated benchmarks indicated by the National Statistics Office of Georgia at time of RAP approval  Community Structures and Public Utilities: Will be fully replaced or rehabilitated so as to satisfy their pre-project functions.  Temporary impact during construction: All land required for temporary use is to be obtained by the civil works Contractor through voluntary negotiations of lease agreements (e.g., willing leaser-willing-lessee basis). The maximum period for temporary use is defined as 2 years. Lease rates to be paid should not be less than compensation at current market rates for the gross value of 4 year’s harvest of crops on the affected lands. It is also required that lands (or other assets) be fully cleared and restored following use Impacts during construction:  Houses, buildings, and structures affected during construction. In relation to impacts that are not related to land acquisition such as potential damages of vibrations or discomfort caused by road traffic, and assessment of damages will be conducted and corresponding remedial actions (e.g. reparations, etc) proposed to the affected party. If damages can’t be mitigated or fixed, the affected houses and other buildings will managed in accordance to the principles of the RPF and it will be compensated in full for the whole building irrespective of the specific degree of impact. Compensation will be provided in cash at replacement cost free of deductions for depreciation, transaction costs or salvaged materials. All relevant PAPs are entitled to this provision by default irrespective of the registration status of the affected item. Salvaged materials after demolition of the building are deemed to be owned by the AH. 3.3 Compensation Entitlement Matrix Tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with both Georgia laws and regulation, WB OP 4.12. A summary entitlements matrix specific for this project is included in Table 3.3.1 below. Table 3.3.1 Compensation Entitlement Matrix Type of Loss Application Definition of APs Compensation Entitlements Land Permanent loss of PAPs permanently Registered owners For agricultural lands - Cash agricultural and non- losing agricultural land compensation at full replacement agricultural land (e.g. regardless of impact cost or replacement land of same tower sitting, severity value of land lost and at location enhancement of access acceptable to PAPs where feasible. roads) If any remaining part of the land owned by the registered owners is no longer appropriate for use, such remaining part will be purchased subject to the agreement with the owner. For non-agricultural lands - Cash compensation at full replacement costat market value without deduction of depreciation value and 41166_RPF_Eng_V04 Page 19 of 59 Type of Loss Application Definition of APs Compensation Entitlements transaction fees. Legalizable Owner For agricultural lands - These PAPs will be legalized and provided with cash compensation at full replacement cost of land. This compensation entitlement will also apply to the legalizable owners using unregistered land plots far from their residence, without registration of such land. For non-agricultural lands - these PAPs will receive the cash compensation as legalized owners after their title will be legalized and registered at the public register. Renters/Leasee Non eligible for land compensation; only for other losses indicated in the Entitlement Matrix. Non-legalizable owners Non-legalizablePAPs losing (squatters/encroachers) agricultural land plot, which is the only land plot used and provides main source of income for AH, will be compensated with one time allowance in cash equal to 1 year of minimum subsistence income (300 GEL X 12 = 3.600 GEL).This is in addition to compensation for other losses as indicated in the Entitlement Matrix. Restrictions on use land PAP not losing their Registered owners Easement agreement will include a (e.g. easement for TL’s land falling lump sum easement fee payable to right of way) within RoW, but the owner. Such fee to be land use restrictions imposed established by an independent (prohibition of valuation experts (See Section 4. constructing Methods for Valuating Affected structures) Assets) Legalizable Owner These PAPs will be legalized and the owner will receive easement fee as a lump sum in the amount to be determined by an independent valuation experts Renter/Leaseholder Not eligible for easement fee for land-userestriction. Only eligible for other entitlements as per this Entitlement Matrix. Non-legalizable users Not eligible for easement fee for land-use restriction .Only eligible for other entitlements as per this Entitlement Matrix. Buildings and Structures 41166_RPF_Eng_V04 Page 20 of 59 Type of Loss Application Definition of APs Compensation Entitlements Residential buildings Entire RoW, where Registered owners and In addition of compensation for loss deployment of family living in the house of land, it will receive compensation residential and replacement value for the structures is prohibited house and will be provided with resettlement assistance to ensure that the family relocates ina new house with access to services and security of tenure. Legalizable Owner and These PAPs will be legalized and family living in the house addition of compensation for loss of land, it will receive compensation and replacement value for the house and will be provided with resettlement assistance to ensure that the family relocates ina new house with access to services and security of tenure Renter/Leaseholder and Non eligible for compensation for family the house. The PAP will be informed well in advance to move and receive the equivalent of three month rent and support to transport belongings to new location. Non-legalizable users Non eligible for compensation for and family land, but will receive compensation at full replacement cost for the house and will receive additional assistance to ensure that adequate housing with security of tenure and access to services is provided. Non-residential structures Entire RoW, where Registered owners Compensation at full replacement (barns, irrigation, fences, deployment of some cost for lost structures, in addition etc) non-residential of compensation for loss of land. structures is prohibited Legalizable Owner These PAPs will be legalized and receive compensation at full replacement cost for lost structures, in addition of compensation for loss of land. Renter/Leaseholder Non eligible. Non-legalizable users Eligible for compensation at full replacement cost of all structures built by the non-legalizable user Loss Of Community Infrastructure/Common Property Resources Loss of common property Community/Public Community/Government Reconstruction of the lost structure and/or resources Assets or replacement of agricultural lands in consultation with community and restoration of their functions Loss of Income and Livelihood Crops Standing crops All PAPs regardless of When possible people will be given affected or loss of legal status (including enough time to harvest existing planned crop registered owners, crops. Crop compensation in cash 41166_RPF_Eng_V04 Page 21 of 59 Type of Loss Application Definition of APs Compensation Entitlements incomes** legalizable, non- at gross market value of actual or legalizable users, and expected harvest. Compensation renters) for this item will be provided even in case if the crops were harvested. This compensation is in addition for compensation for permanent acquisition of land or easement fee. Trees Trees affected All PAPs regardless of Cash compensation at market rate legal status (including on the basis of type, age market registered owners, price of product and the productive legalizable, non- life of the trees. This compensation legalizable users, and is in addition for compensation for renters) permanent acquisition of land or easement fee. Business/Employment Business/employment Business owner (i). (permanent impact) cash loss indemnity of 1 year net income; (ii) (temporary impact) cash indemnity of net income for months of business stoppage. Assessment to be based on tax declaration or, in its absence, minimum subsistence income. Workers/employees: Indemnity for lost wages equal to 3 months of minimum subsistence income and job trainings. Allowances Severe Impacts >10%loss of productive Severely affected APs Additional allowance equivalent to lands losing permanently market value of two-year yield from (sitting of towers) more affected land than 10% of affected agricultural Other income: 1 additional land(including registered compensation for 3 months of owners, legalizable and minimum subsistence income. non-legalizable users. 300GEL per month x 3 Renters are not eligible) months=900GEL per AH) Transportation for physical Transport/transition All PAPs to be physically Provision of allowance covering relocation of houses costs relocated(including transport expenses and a livelihood registered owners, expenses for the transitional period legalizable, non- for 3 months equal to 3 months of legalizable users, and minimum subsistence income. 200 renters) GEL as vehicle hire charge + 300GEL as minimum subsistence income x 3 months = 1,100 GEL per AH Vulnerable People Vulnerable People AFs below poverty line, Allowance equivalent to 3 months Allowances Allowances single mother headed of minimum subsistence income* household, disabled or and employment priority in project- elderly related jobs 300GEL as minimum subsistence income per month for 3months= 900GEL per AH) 41166_RPF_Eng_V04 Page 22 of 59 Type of Loss Application Definition of APs Compensation Entitlements Temporary use of land Temporary use of land Lease of land for All PAPs Civil works Contractor will lease during construction project purposes (e.g. land required temporarily during camps, storage) construction on voluntary basis where land user will have the right to say no (e.g., willing leaser-willing lessee basis). The maximum period for temporary use is defined as 2 years. Lease rates to be paid should not be less than leaseat current market rates, plus compensation for any loss of crops or trees at gross value of 2year’s harvest of crops on the affected lands. It is also required that lands (or other assets) be fully cleared and restored following use 2 Construction impacts not related to land acquisition Damages to houses, In relation to impacts All PAPs regardless of Construction contractor will conduct buildings, and structures that are not related to legal status assessment of damages, compare affected during land acquisition such with existing baseline information construction. as potential damages and corresponding remedial actions of vibrations or (e.g. reparations, etc) proposed to discomfort caused by the affected party. If damages can’t road traffic. be mitigated or fixed the affected houses and other buildings will managed in accordance to the principles of the RPF and it will be compensated in full for the whole building irrespective of the specific degree of impact. Compensation will be provided in cash at replacement cost free of deductions for depreciation, transaction costs or salvaged materials. All relevant PAPs are entitled to this provision by default irrespective of the registration status of the affected item. Salvaged materials after demolition of the building are deemed to be owned by the AH. * Minimum subsistence income to be calculated based on a 5 people family and the monthly-updated benchmarks indicated by the National Statistics Office of Georgia at time of RAP approval ** Income expected from crops on affected agricultural land permanently used for crop cultivation during the recent years. In case if the land was permanently used for crop cultivation, but for the year, when the inventory of losses was conducted, no crops have been planted (due to need of rest to this land or illness of the farmer or any justifiable reason), the land parcel still will be considered as designed for crop cultivation and relevant compensations will be paid 3.4 Allowances for Vulnerable Groups and Severely Affected Households 2 Requirements to be included in the Construction Contractor contract. 41166_RPF_Eng_V04 Page 23 of 59 According to the WB and IFC guidelines and the baseline socio-economic survey, vulnerable groups could include female-headed households, households headed by the elderly living alone, and households of the disabled living alone. Among the vulnerable groups, as compared to non- vulnerable groups, the following issues might arise:  Families under the poverty threshold (officially registered in Social Services as poor: with rating less than 57000 – extremely poor receiving social allowances and with rating more than 57000 but less than 70000 – receiving polices)  Heads of household might not be as able to negotiate fair replacement value compensation for their affected immovable assets.  Women could experience greater difficulties in keeping or saving compensation payments. Because poverty is more prominent among women-headed households, women might feel pressured to spend the compensation they receive for food or for the care of the sick.  Women and children could be subjected to the claims of adult male relatives that they are the legitimate parties for compensation.  Should any of the affected customary land belong to vulnerable households, these might face discrimination in replacement land allocations.  Women and children could face severe time constraints in building replacement dwellings because of other economic and household responsibilities.  Vulnerable households could be at a disadvantage in making contractual arrangements with local builders. Impacts related to gender and other sources of vulnerability require the development of appropriate approaches that include locally appropriate replacement cost values, careful research of title or customary ownership of assets to be displaced, and offer in-kind replacement as a realistic alternative to cash compensation. RAP preparers shall collaborate with external facilitators in identifying needs and potential solutions. RAP preparers shall be responsible for meeting the needs of vulnerable individuals and groups that might emerge in the process of preparing the census/inventory, assessing affected assets, or conducting the socioeconomic surveys, and for considering these in the implementation schedule. Women have important economic roles in project areas and engage in a very wide range of income making activities in the agricultural and marketing sector. The project will pay particular attention to ensure that women are the recipients of the compensation pertaining to their activities and to ensure that women who are de-facto household heads are clearly listed as beneficiaries of compensation and rehabilitation proceedings under the loan. In order to ensure the above the following actions will be considered: (i) Include women in the impact enumerators. (ii) Impact assessment of AFs/APs indicating the total number of families and people must be gender-disaggregated to pinpoint how many women are likely to be affected by the Project and establish their pre-Project conditions. (iii) Women will be major participants in the consultation processes to determine and negotiate for compensation entitlements and implement the RP. (iv) Special attention will be given to the impact of resettlement on women and other vulnerable groups during monitoring and evaluation of the RP. Vulnerable Affected Households (AH) are entitled to an allowance equivalent to 3 months of minimum subsistence income and employment priority in project-related jobs. AHs are considered as vulnerable in case they are registered as poor in the local social services or are women-headed 41166_RPF_Eng_V04 Page 24 of 59 households with members with disabilities or people in pension age will receive the allowance only if they are registered as poor. The above AH will receive an allowance of 300 GEL x month x 3 months or 900GEL in all. (These figures are taken from the National Statistics Office of Georgia Department data on minimum subsistence income for a family of 5 persons in December 2012. Severely affected AH will receive an additional crop compensation covering two-year yield from affected land or an allowance equal to 3 months of minimum subsistence income, in case the AH is not subject for crop compensation (or when crop compensation value is less than 900 GEL). 41166_RPF_Eng_V04 Page 25 of 59 4. Methods for Valuating Affected Assets Determination of compensation value for loss or assets and other impacts associated to land acquisition and easement will be calculated by an independent valuation expert to be recruited by the Implementing Agency (GSE) in line with the requirements of OP 4.12 and the methodologies describe below:  Replacement value: The calculation of replacement costs of land and structures will be based on (i) fair market value at the time of dispossession, (ii) transaction/legalization costs, other taxes and fees (iii) transitional and restoration (land preparation and reconstruction) costs, and (v) other applicable payments. In order to ensure compensation at replacement cost, good practice examples in compliance with WB OP 4.12 will be followed for determining the replacement cost of acquired assets. As part of the valuation process, the Implementation Agency (GSE) will ask local/village administrations to identify replacement land that meets these requirements and to determine the costs for PAPs or the project to obtain this land. Where replacement land cannot be found locally, a value for monetary compensation shall be developed. Regardless of whether land is replaced in kind or with monetary compensation, valuation shall include the cost to prepare the land to a level similar to that of the affected land, plus the cost of land registration, including any applicable taxes. Valuation of structures shall consider size and construction materials used. In determining replacement cost or design of replacement structures, depreciation of the asset and the value of salvageable materials shall not be taken into account. 4.1 Valuation Principles Valuation of land and assets shall consider the following:  Applicable current regional schedules for land values obtained from municipal land commissions, if available  Applicable current schedules for valuing structures, crops, and trees from local municipalities, if available  Applicable current market prices  Loss of future income or value. The calculation of unit value will be done keeping in consideration the current market rate so as to meet with the replacement cost of the land and lost assets etc. An experienced and registered independent local company shall be employed to do the valuation of land, structures, buildings, trees, crops etc. The approach of the evaluator will consider the assessment for each type of land and assets by location. The valuation should be done when the census and DMS (detailed measurement survey) are conducted by thesurveying company who prepares the map of affected plots with demarcation of cut-off areas. The valuation company will engage experts for respective areas who will undertake site visits for physical verification of each category of the losses. The expert team will alsoconsider the reference of previous valuation if available and use latest release of market survey. Based on this methodology the unit rate will be determined. The unit rates may based on the evaluation agency’s assessment with their standard methods for calculating the sample assets. The methodology for assessing unit compensation values of different items is as follows: 41166_RPF_Eng_V04 Page 26 of 59 4.2 Structures Value of residential dwellings, commercial structures, and other affected structures (such as barns, fences, and outdoor cooking facilities) will be valued at replacement value based on construction type, cost of materials, type of construction, labour, transport and other construction costs. No deduction for depreciation and transaction costs will be applied. For the partial impact (if the loss is less than 15% then compensation is paid for the repair of the affected structure). Valuation of replacement dwellings shall include the cost of sanitation facilities. Valuation also shall include the cost of access to water supply if the displaced structure had access or if the replacement location does not provide access. Estimated costs shall be sought from PAPs and other local residents and from contractors and suppliers in the affected areas. These estimates do not include the cost of land. Incomplete dwelling units or units that have collapsed shall be valued based on replacement cost of materials. Monetary compensation only, not in-kind replacement, shall be offered for such units. Houses and buildings: GSE will contract an independent realtor to asset market value. Replacement cost will be identified considering market valuation as well as cost of materials, type of construction, labour, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs. 4.3 Land Land: Market value + transaction costs, including any income taxes or VAT and registration fees. For compensation amounts over 100,000GEL there is usually a 20% income tax. Agricultural Land will be valued at replacement rates according to two different methodologies depending on whether in affected areas active land markets exist or not. a. Where active land markets exist land will be compensated at replacement rate based on a survey of land sales in the year before the impact survey. b. Where active land markets do not exist land will be compensated based on the reproduction cost of a plot with equal features, access and productivity to the plot lost. A clear valuation methodology for these cases will be detailed in the RAPs. Land valuation for easement agreements shall use market value or net present value as explained above. Because easement agreements would allow future use of land for cultivation of low crops, the compensation shall be reduced by the value estimated during land valuation process, when determining the monetary compensation to be offered. This compensation value is distinct from compensation for any trees or other crops that would be destroyed by initial use of an easement for construction. These crops would be compensated at full value. For land in urban and peri-urban areas, valuation shall consider market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land. Values are expected to vary by region and specific aspects of the land. Replacement cost of land will consider additional applicable transaction cost like registration with the NAPR at the rayon level Registration Office and the rayon PRRC. 41166_RPF_Eng_V04 Page 27 of 59 4.4 Annual Crops Annual crops will be valued at net market rates at the farm gate for the first year crop. In the eventuality that more than one-year compensation is due to the PAPs the crops after the first will be compensated at gross market value. eventuality that more than one year of compensation is due to the AP, the crops after the first will be Compensated at net market value.GSE will contract an independent and impartial third-party specialist in agricultural land values to identify market rates and value. 4.5 Trees Trees will be valued according to different methodologies depending whether the tree lost is a wood tree or a productive tree. a. Wood trees will be valued based on age category (a. seedling; b. medium growth and c. full growth) and timber value and volume. b. Fruit/productive trees will be valued based on age (a. seedling; b. adult-not fruit bearing; and c. fruit bearing). Stage (a) and (b) trees will be compensated based on the value of the investment made; stage (c) trees will be compensated at net market value of 1 year income x number of years needed to grow a new fully productive tree. The unit compensation rates will be assessed by Project consultants or by the authorized independent evaluator based on clear and transparent methodologies acceptable to WB. The assessed compensation rates will be verified and certified by the Resettlement& Environmental Protection Division of GSE and then offered to the PAPs. Trees: They will be valued based on the type of tree, its age and productive value. GSE will contract an independent realtor to establish a typical production amount with botanists and a unit value for the species existing in the area. The RPF provides a summary of the approach for calculation of replacement value and one off compensation for fruit and nut trees. See Table 6.1 for compensation approach depending on type of tree affected. 4.6 Easement Fees Easement fees: Compensation for easement agreements will address land value lost because of prohibited future uses. 41166_RPF_Eng_V04 Page 28 of 59 5. Institutional Arrangements for RAP Implementation Ministry of Energy (MoE) is the executing agency (EA) of the Project on behalf of the Government of Georgia and the Georgian State Electrosystem (GSE) is the implementing agency (IA). GSE is responsible for OHL construction as well as land acquisition and resettlement of the PAPs. GSE is assisted by a number of other government departments and private agencies in the design, construction and operation of the Project. Pursuant to the active legislation, National Agency of Public Registry (NAPR) within the Ministry of Justice is in charge of the recognition of ownership rights of rightful owners, registration of land ownership, based on verification and certification from village communities, notaries, property rights recognition commissions at local administration/municipalities. The local/district NAPRs are also responsible for registering the transfer of acquired land from landowners to the GSE. The local governments at district and village levels are involved in the legalization of land parcels, land acquisition and resettlement. The Ministry of Environmental and Natural Resources Protection is responsible for environmental issues. Various features/sections of the OHL Project are located in each of the following municipalities: Akhaltsikhe, Adigeni, (Samtskhe-Javakheti Region) and Khulo, Shuakhevi, Keda, Khelvarchauri and Batumi (Adjara Autonomous Republic).All correspondingSakrebulo, Gamgeoba, Registration Offices and PRRCswill be involved in RAP. Local Sakrebulos and Rtsmunebuli of villages are involved for local level LAR activities. The World Bank (WB) will be financing the Project and will provide advice and supervision on land acquisition activities. 5.1 Land Registration Organizations Government agencies active at various levels in the process of legalization of privately owned land parcels are described hereunder. Rtsmunebuli and Gamgeoba at Village (Community) Level Community level Gamgeoba is the executive branch of self-government headed by Rtsmunebuli. Rtsmunebuli has the primary role in the process of legalization and registration of land parcels. Rtsmunebuli confirms ownership of affected land plots, parameters of land plots and endorses the 3 cadastral maps and related data prepared for case of legalization . Gamgebeli plays important role for legalization of non-rightful owners (owners in possession before the enactment of current law on privatization of land in Georgia without prior permission of the government). Gamgeoba has power to 4 authorize details of the occupied land parcel and verify its usage pattern as the first hand verification and authorization for further consideration in the Property Rights Registration Commission (PRRC) as a basic step for registration with the Public Registry. Neighbours of applicants for legalization have 3 Owners for legalization of their unregistered land parcels, in normal procedure, use the services of private mapping agencies and experts on payment for preparation of land details (maps and plot parameters). In case of this project, the consultants have been assisting in preparing basic documents like maps and plot details. 4 This is not mandatory but one of the possible procedures for legalization of the non-rightful owners. Witnesses’ signature confirmed notarially is also legally acceptable for confirmation of non-rightful ownership of land plot. 41166_RPF_Eng_V04 Page 29 of 59 roles in the authorization process. Rtsmunebuli of the villages will be involved in RAP process of updating and implementation. Sakrebulo Sakrebulo is the representative branch of self-government at rayon and village level. The village/rayon level Sakrebulo has now less involvement in the process of legalization of legalizable land plots. However, Rayon Sakrebulo assists the PRRC in the process of authorization of application of non-rightful owners. Property Rights Recognition Commission Under the Law of Georgia on Recognition of the Property Ownership Rights Regarding the Land Plots Owned/Used by Physical Persons or Legal Entities (2007), the Government of Georgia has established the PRRC at the Rayon level for recognition of ownership rights of non-rightful owners for registration. PRRC verifies and authorizes application of ownership for registration with the NAPR. PRRC authorizes application of only those PAPs, who are not registered but have residential land or agricultural plots adjacent to the residential land (“non -rightful land owners�, according to definition of Georgian regulations). Rayon Registration Office NAPR is in charge of the registration of land ownership and its transfer through purchase agreement from landowners to the GSE. Rayon Archives are now transferred in the possession of the Rayon Registration Offices of the NAPR. Rayon Archive is used for cross verification of ownership document and validity of physical possession of land by persons seeking registration as legalizable owner, in the case, owner does not have available documentation proving ownership rights on the adjacent land plot or in case there is any doubt regarding the plot. Rayon Registration Office of the NAPR is the Rayon level authority for executing registration of land parcels in the name of the applicants based on package of application documents provided by rightful owners (PAPs possessing ownership documents but with title formalization pending) or by non- rightful owners after receiving appropriate certificate from PRRC as the case may be. The owners submit both soft copy and hard copy of plot maps with geometric details for record in the Rayon and Central NAPR. 5.2 Land Acquisition and Resettlement Organizations GSE – Georgian State Electrosystem GSE has the overall responsibility of design, land acquisition and resettlement, construction, construction monitoring and supervision of the TGS and Akhaltsikhe-Batumo OHL Project. This also includes financing and executing land acquisition and resettlement tasks and cross-agency coordination. GSE will exercise its functions through its existing Resettlement Management Team (RMT), which consists of representatives of Permits Unit, Legal Department and Environmental and Social Safeguards Unit of GSE. The Environmental and Social SafeguardsUnit with Resettlement Team has been established within GSE in 2013. Currently, one Social Safeguards/RestllementSpecialistis hired and engaged for the WB financed projects. The staff received professional on-the-job training as a part of the World Bank’s technical assistance to the GSE. Current resettlement capacity of the GSE needs strengthening to ensure full environmental 41166_RPF_Eng_V04 Page 30 of 59 compliance of the Project. For each separate project, including the present one, GSE needs local specialist as a consultant assisting in implementation of RAP. A Resettlement Management Team (RMT) having specific experience and skills in land acquisition and resettlement (LAR), is responsible for LAR activities related to the project. RMT is responsible for supervision of all technical work to accomplish RAP preparation and implementation tasks and coordination within the GSE, as well as at central and local government levels. The specific tasks of the GSE RMT will be to (i) updating RAP following appropriate procedures as per RPF and send to donor IFI for approval, (ii) supervise preparation of RAP for construction contracts and implement it after concurrence from donor IFI; (iii) establish land acquisition and resettlement (LAR) capacity at the regional level; (iv) ensure proper internal monitoring; and (v) hire, following the donor IFI recommendation the external monitoring agency. RMT will also provide all necessary documentation to ensure the prompt allocation of land acquisition and resettlement budgets to the PAPs and will maintain the coordination of all land acquisition and resettlement related activities. The GSE will be responsible for ensuring that an independent agency/company for RAP preparation is engaged to conduct any survey and documentation, including cadastral survey, PAPs census, inventory of losses, and valuation of land and assets for replacement value. RAP will be prepared based on findings of the surveys following the final OHL RoW as per detailed engineering design. Based on the GSE's decision and the prices for land acquisition and easements, the offer of purchase of land parcels shall be undertaken. If PAP agrees on the acquisition he/she will confirm such agreement in writing by signing the Sales/Purchase Agreement that will be registered with the Public Registry. This agreement will serve as the basis for compensation payment processing and release. If agreement is not reached between the PAP and the GSE Resettlement Management Team later will take decision to start expropriation. Rayon LAR Team Rayon LAR Team will be an informal group established through participation of rayon and village authorities and PAPs in order to provide technical assistance to the GSE in the preparation and implementation of the RAP. The assitance includes identification of the affected landowners and users, defining the boundaries of land parcles, obtaining data on ownership, relations with PAPs, settling disputes in an informal way, ensuring unimpeded legalization of legalizable land plots, etc.Rayon LAR Team comprises the Rayon Team (at the rayon level) and LAR Working Groups at the village level. The rayon level team is represented by the Gamgebeli, head of the local office of NAPR (National Agency of Public Registry), representatives of affected villages and Resettlement Management Team (RMT) of the GSE. By instructions of the Rayon LAR Team, LAR Working Groups comprising village representatives (Rtsmunebuli), competent technical specialists (at least one person) delegated by them and RU representatives shall be established in each village. LAR Working Groups shall assists the Consultant hired by the GSE in identification of PAPs, determining the boundaries of land parcels and communication with the local community. Rtsmunebuli shall verify with his signature the list of affected land owners and users as well as the measuring and inventorying of each affected land plot by the GSE Consultant in attendance of land owners. The staff of NARP local office and social service agency shall collaborate with the LAR Working Groups assisting them in obtaining archive documents, determining the social status of the PAPs and registration of their property. Based on the LARP recommendations RMT of the GSE shall start negotiations with the 41166_RPF_Eng_V04 Page 31 of 59 PAPs on the purchase of affected land plots and other assets in order to compensate their losses. In case of agreement APs will sign contract agreement indicating that they accept the compensation provided to them and the contract shall be registered at NAPR. During the negotiations and property registration the Resettlement Team of the GSE shall be assisted by LAR group (both working groups and rayon team) members, including village Rstmunebuli, NAPR local office staff, etc. A purchase agreement is the basis for compensation payment. if the negotiation between an PAP and LAR team fails, the LAR team shall notify the GSE which will start the expropriation process. At the same time LAR Team shall inform the PAPs about the availability of grievance redress mechanism (see Section 9), which can be used for informal pre-litigation resolution of disputes. Local Governments Local administration especially at Rayon level has direct jurisdiction for land administration, valuation, verification and acquisition. To confirm the surveys and the asset valuations carried out by the LAR consultants, GSE through its consultants will establish Rayon Level LAR Teams which will have designated officials from the Rayon administration (Rayon Sakrebulo; Gamgebeli) and representatives of each affected village/community administration (representatives of all affected community/village level Sakrebulos and Gamgebelis). The Rayon level LAR Teams will be formed in the all affected municipalities who are working closely with the consultants and GSE. LAR Teams of municipalitiesare participating in RAPpreparation and implementation. 5.3 Other Organizations and Agencies Civil Works Contractor A Civil Works Contractor to be appointed by the GSE to undertake the construction will be responsible for mitigating impacts resulting from the construction activities. Based on the RAP and the Technical Design, the parcel of land that will be identified and acquired as part of OHL ROW will be demarcated to clearly delineate it from the remaining non-acquired parts. The construction activities shall be monitored closely by the GSE to ensure compliance to the temporary mitigating measures. Consultants and Auditors The design consultant will be responsible for preparation and implementation of RAP Iand a construction supervision consultant will be in place to supervise civil works construction. (i) Design Consultant: The design consultant has an international social development and resettlement specialist and a national resettlement / social specialist for finalizing RAP for each construction stage. The design consultant has hired a survey and independent audit agency for land acquisition and resettlement survey and documentation including census, socioeconomic survey, inventory of losses, and valuation of land and assets for replacement value. RAP will be prepared based on findings of the surveys following the final OHL routing as per detailed engineering design. (ii) Social Safeguards Consultant (SSC):will oversee implementation of RAP and will prepare compliance reports before the civil works start. (iii) Local Resettlement Consultant: will assist GSE Resettlement Team during the RAP implementation and oversee all resettlement related issues that may arise during the construction. Court of Georgia 41166_RPF_Eng_V04 Page 32 of 59 The Court of Georgia shall be the last resort for issues and concerns regarding the implementation of the RAP. In case there is no agreement between the GSE and the PAPs concerning the acquisition of private properties, the GSE with the mandate for expropriation based on existing legislations will submit to the Court a request for expropriation. Upon its approval and following prescribed procedure, GSE will then take over the concerned property after having been given by the Court the right of the Expropriator. Furthermore, in cases where complaints and grievances regarding RAPimplementation and compensation are not solved at the various levels as prescribed in the agreed Grievance Redress Mechanism, the PAPs will have the right to appeal the case to the Court as a last resort. Its decision shall be final and executory. Ministry of Finance The budgets for the implementation of RAP will be provided to GSE by the Ministry of Finance following its official approval. The RAP budget will be allocated on the accounts of GSE (or its fiscal agent) that is responsible for the financial management of the project. Ministry of Justice The Ministry of Justice is responsible for legal matters regarding land ownership, and National Agency of Public Registry (NAPR) within the Ministry of Justice is in charge of the registration of land ownership and its transfer through purchase agreement from landowners to the GSE. Donor WB Besides supervising the Project periodically, the WB will review RAPs and provide clearance to contract awards signing and initiation of civil works for construction under the Project. 5.4 Capacity Building on LAR Initial level of capacity building exercise in the relevant agencies was carried out during the preparation of RAP at the feasibility study. Close consultations were held with all the concerned departments. GSE has established Resettlement Management Team dealing with land acquisition and resettlement. Training will be provided by the consultant’s resettlement specialist to the officials on the requirements of WB OP 4.12 policy and how to develop a balanced compensation package fulfilling the requirements of PAPs, Government, GSE, donor IFIs. Capacity building training will also be initiated through a series of consultations and informal training sessions in the local administration level. The representatives of GSE at regional level are also responsible for the planning of LAR activities and for coordinating with the rayon administration. Rayon level LAR Teams will be formed at each rayon that will be responsible for LAR activities assisting the LARC of the GSE in the process of RAP implementation. In terms of capacity and manpower resources within Resettlement Team of the GSE, some expansion of the capacity on LAR is desired to allow an effective execution of all LAR related tasks for the project. The Environmental and Social SafeguardsUnit(ESSU) was established within GSE in 2013. Currently, besides the head of the Unit, there isonesocial safeguards specialist in the staffCurrent resettlement capacity of the GSE needs strengthening to ensure full Social Safeguards compliance of the Project. GSE also needs Local Resettlement Consultant (LRC) as a consultant assisting in implementation of RAP. Thus, the Resettlement Teamshould be assisted by two resettlement consultants – Social Safeguards Consultant and Local Resettlement Consultant (LRC). Additional trainings for Resettlement Team staff and engaged Consultants is considerd as necessary by GSE. The detailed planning and negotiation with WB is under the way. All concerned staff both at 41166_RPF_Eng_V04 Page 33 of 59 RMT, LARC, at Rayon and field levels involved in LAR activities will undergo training on WB resettlement policy and management. The training will be provided under the relevant WB programs for capacity building of executing agencies on involuntary resettlement. Training will cover the following topics: (i) Principles and procedures of land acquisition (WB and GOG); (ii) Stakeholders of the project (iii) Organizations involved in the process of land acquisition and resettlement and their roles (iv) Public consultation and participation process; (v) Entitlements, compensation and disbursement mechanisms; (vi) Grievance redress; and (vii) Monitoring of resettlement operations. 6. Delivery of Entitlements The fundamental responsibility for delivery of entitlements rests with the Implementing Agency - GSE. To implement delivery, the GSE will work closely with local administrations. These local institutions will be crucial links between the project affected persons (PAPs) and the Project Implementing Agency (GSE) and its agents. It is very important for GSE to ensure that: a) PAP receive payments prior to the contractor entering the land for construction b) In cases with land owners who cannot be found (absentee land owners) or land with multiple property claims, the money should be put into an escrow account until the owner is contacted or the property is defined. 6.1 Land Acquisition Process Complete and accurate registration of private land as per current laws governing land acquisition in Georgia is the precondition for proceeding with acquisition of private land by agencies requiring land for land based infrastructure development. For the construction of the Akhaltsikhe-Batumi 220kV OHL under the WB TGS project, GSE will acquire private land under eminent domain through negotiated settlement wherever possible, based on meaningful consultation with APs, including those without legal title to assets. The GSE will offer adequate and fair price for land and/or other assets and ensure that the process of land acquisition with the APs openly address the risks of asymmetry of information and bargaining power of the parties involved in such transactions. Only in case when there is no agreement to land acquisition, expropriation will be sought. AGL, directly or through a RAP Consultant, will prepare the RAP, and, with the inputs provided by the independent valuation experts recruited by the Implementing Agency (GSE), estimate of compensation and entitlement of individual PAPs with detailed programme for execution of RAP as RPF consistent with WB OP 4.12 on involuntary resettlement. GSE will offer to each of the APs the compensation rates defined in the RAP. Upon successful settlement, Land Purchase Agreements will be signed with legalized/titled owners of acquired land 41166_RPF_Eng_V04 Page 34 of 59 parcels and Agreement of Entitlement with the non-titled APs. Any grievances of the APs will be resolved through approved grievance redress mechanism of the Project. In case an AP does not accept the rates defined in this RAP even after a through the grievance redressing mechanism exercise, GSE will seek concurrence of the appropriate authority in the management for proceeding with Expropriation Process under the eminent domain for acquisition of the land through Rayon courts. The design consultantwill prepare fresh maps of the acquired plots with geometric details required for legalization. GSE will provide these maps to the concerned legalizable owners. The process will be followed by endorsement of these maps and ownership documents by the Sakrebulo and finally getting them registered in the local registration office prior to the receipt of the project compensation. 6.2 EASEMENT AGREEMENTS 6.3 RAP Implementation Steps and Responsibilities Based on experience in Georgia the Preparation and implementation of a RAP may take up to a few months. The RAP implementation schedule will be agreed and approved by GSE and the WB after detailed design and tower spotting are finalized. The basic steps for the preparation and implementation of a RAP are summarized Table 6.3.1 below. Table 6.3.1 The basic steps for the preparation and implementation of a Land Acquisition and RAP Step Action Responsibility A) RAP PREPARATION 1 Assessment of Project’s Poverty and Social Impacts RAP Consultant& GSE 2 Finalization of Detailed design Design consultants 3 Prepare surveys forms for Census and DMS, train local Census and DMS teams, RAP Consultant 4 Establish coordination with relevant local government agencies. GSE Valuation of losses & damages at replacement value, determine the compensation values for each household/user/owner/affected person and submit to RAP 5 consultant to incorporate into the RAP GSE 6 Collection of cadastral and land parcel maps of the project area RAP Consultants Verify land records in affected areas, update cadastral maps and carry out RAP Consultant/GSE RMT/Sacrebulo level LAR 7 impacts and valuation surveys – Detailed Measurement Survey (DMS) Team/ 8 Conduct public consultations GSE RMT/RAP Consultant/Sacrebulo Level LAR Team 9 Identification of Legal and legalizable APs RAP Consultant/GSE RMT/Regional GSE 10 Negotiations with APs RAP Consultant/GSE RMT/Regional GSE 11 Integrate data from Census into the RP. RAP Consultant 12 Submission of RAP to and WB for approval. RAP Consultant/GSE RMT/WB 13 Disclosure RAP Consultant/GSE RMT B) RAP Finalization (Detailed Design) 1 Detailed Design Design Consultant RAP Consultant/ Regional GSE/ GSE RMT/Sacrebulo 2 Review of impacts and AP lists based on detailed design Level LAR Team Review of prices based on the updated rate RAP Consultant/ Regional GSE/ GSE RMT/Sacrebulo 3 Level LAR Team Legalization of legalizable APs Regional GSE/ GSE RMT/Sacrebulo Level LAR 4 Team/ RAP Consultant 5 Preparation of the final RAP RAP Consultant 6 WB Approval WB RP disclosure: Distribution of RP and information pamphlets in Georgia in 7 the affected communities; posting of RP in English on the WB website GSE RMT/Consultant/Sacrebulo Level LAR team/WB 8 Signing of civil contract award WB/GSE 41166_RPF_Eng_V04 Page 35 of 59 C) RAP IMPLEMENTATION 1 Approval of Contract awards Signing WB 2 Detailed Schedule for compensation action plan GSE 3 Distribution of Relocation Notices to APs GSE RMT/ Regional GSE /Sacrebulo Level LAR team 4 Award of Cheques for Land Compensation GSE RMT/Regional GSE 5 Award of Cheques for other Compensation & Assistance/ Rehabilitation GSE RMT/ Regional GSE 6 Demolishing/ Relocation of Affected Structures/Assets GSE/Contractor 7 Review of RP Implementation through a compliance report GSE RMT/GSE/WB 8 If RP Implementation found satisfactory, Notice to proceed for Civil works is WB/GSE issued D) POST-IMPLEMENTATION TASKS 1 Independent evaluation of RAP IMA or Social Safeguard Consultant E) CYCLICAL/CONTINUOUS TASKS 1 Internal monitoring. Quarterly reporting to WB GSE 2 External Monitoring. Semi-annual reporting to WB IMA or Social Safeguard Consultant/Supervision Consultant 3 Grievances Redress/Law Suites GRC/GSE/Court 4 Inter-agency coordination and Communication with AP GSE RMT/GSE/Regional Level GSE 41166_RPF_Eng_V04 Page 36 of 59 7. Public Consultation, Participationand Documents Disclosure The issue of project-related land acquisition and the applicable standards to the project, including WB OP 4.12 on Involuntary Resettlement, have been discussed duringthe early ESIA public consultation process conducted in June – July 2103. The preparation of this RPF has taken into consideration the findings of the ESIA process. A new round of public consultations regarding the ESIA will be conducted on March 2014 and during those public meetings general issues regarding project-related land acquisition and the RPF will be presented. This RPF in Georgian and in English will be disclosed on the GSE website and at GSE offices in March 2014. The RPF in Georgian will also be disclosed at the relevant Sacrebulo office (Gamgebeli) and at village administration ( Sacrebulo) in the project’s direct area of influence. Its English version will be disclosed on the WB website once it is endorsed by the Executing Agency (EA) which will be the Ministry of Energy in this case. Once the exact location of the transmission line is defined RAPs will be prepared based on this RPF. Concerned officials of centre, district/Sacrebulo (representative local autonomous bodies), municipalities and villages/Sacrebulowill be consulted and required to assist during the preparation of the inventory of affected assets, the census of PAPs and theDetailed Measurement Survey (DMS). PAPs will be consulted during the preparation of the RAP and they will be thoroughly informed on the results of the Census and DMS, and their opinions on compensation or other resettlement assistance will be given due consideration. The processes and mechanisms ensuring the active involvement of PAPs and other stakeholders will be detailed in the RAPs which will also include an appendix with date, list of participants, and minutes of consultation meetings. Once a RAP for a subproject has been prepared and approved by GSE and WB it will be disclosed at relevant Sacrebulo office (Gamgebeli) and at village administration (Sacrebulo). A pamphlet in Georgian, summarizing compensation eligibility and entitlement provisions, will be sent to all PAPs before the initiation of the compensation/rehabilitation process and before signing contract awards. The consultation process will be continued throughout the project cycle. 8. Grievance Redress Mechanism 8.1 Objectives A grievance redress mechanism will be established to allow an PAP to complain about any decision of activities regarding inclusion in the census, elegibility and temporary or permanenet loss of their land, assets or sources of income and their compensation. Grievance resolution is a two-stage process, including Stage 1 – informal (oral) review of the PAP’s complaint (wither written or oral). At this stage the PAP’s complaint shall be reviewed in an informal (oral) way and the Committeee members of both levels (the composition of the committee is specified in this Section) shall make and sign the minutes on the matter. If at Stage 1 the PAP’s compalint is not resolved the PAP should be informed about grie vance resolution procedures of Stage 2. PAP has the right to use the procedures of Stage 2 without applying to Stage 1 procedures. 41166_RPF_Eng_V04 Page 37 of 59 Stage 2 – review of PAP’s complaint. For Stage 2 of grievance resolution process the GSE shall establish a Grievance Redress Committee (GRC) for the whole period of the project implementation. GRC shall review the written compalints of PAPs, which were not satisfied at Stage 1. At stage 2 the PAP’s complaint shall be resolved and GRC shall make a decision in compliance with th e Administrative Code of Geeorgia. The present RPF specifies the procedures of establishing GRC and its composition. The Environmental and Resettlement Unit of the GSE is responsible for establishing GRC. Grievance redress procedures of Stage 1 are an informal tool of dispute resolution allowing the PAPs and the project implementation team to resolve the disagreement without any formal procedures, procrastination and impediments. The international experience of resettlement shows that such informal grievance redress mechanism helps to solve most of the complaints without formal procedures (i.e. without using the procedures specified in the Administrative Code or litigation). This mechanism enables unimpeded implementation of the Project and timely satisfaction of complaints. If the PAP is not satisfied, the grievance redress mechanism should assist him/her in lodging an official compliant in accordance with the procedures of Stage 2 (the plaintiff should be informed of his/her rights and obligations, rules and procedures of making a complaint, format of complaint, terms of complaint submission, etc) . The grievance redress mechanism shall deal with the issues of land and other assets acquisition (e.g. amount of compensation, suitability of residual land plots, loss of acess roads, etc) as well as the losses and damages caused by the construction works, e.g. temporray or permanenet occupation of land by the contractor. Therefore the grievance redress mechanism shall be in place by the time the Roads Department starts negotiations with the PAPs and shall function until the completion of the construction. At the RAP preparation stage during the consultations meetings and negotiations the PAPs shall be fully informed of the grievance redress mechanism, its functions, procedures, contact persons and rules of making complaints through oral information and booklets. Care will always be taken to prevent grievances rather than going through Stage 2. The achivement of this goal can be ensured through careful planning and preparation of RAP, active participation of PAPs, effective consultations, proper communication and coordination among local communities, GSE and local authorities. 8.2 Formation of GRC A Grievance Redress Committee (GRC) is an informal grievance redress mechanism at Stage 1. This informal body will be established at community level in each Gamgeoba (village/community authority). The GRC shall include representatives of Rayon LAR Teams and local communities. The GSE representative in the Rayon LAR Team shall coordinate the GRC formation. H/she will then be responsible for the coordination of GRC activities and organizing meetings. In addition, GRC shall comprise village Rtsmunebuli or his/her representative, representatives of PAPs, women PAPs (if any), and appropriate local NGOs to allow voices of the affected communities to be heard and ensure a participatory decision-making process. If the complainants are not satisfied with the GRC decisions, they can always use the procedures of Stage 2 of grievance resolution process. GRCs will be established at the community level at Gamgeoba with an office order from the Ministry of Regional Development and Infrastructure (MRDI) and Ministry of Energywith provision of 6 members of following composition: 41166_RPF_Eng_V04 Page 38 of 59 (i) Representative of RMT of GSE : Convener (ii) Representative Rayon LAR team : Member Secretary (iii) Gamgebeli – concerned Gamgeoba (village level) : Member (iv) Representative of PAPs : Member (v) Representative of Women PAPs : Member (vi) Representative local NGO : Member (vii) LAR Specialist of Supervision Consultants : Member For Stage 2 of grievance resolution process a commision comprising at least 3 members shall be established by order of the GSE Chairman. The Order shall also state that if necessary representative of local authorities, NGOs, auditors, PAPs and any other persons or entities can be included in the commission as its members. 8.3 Grievance Resolution Process Stage 1 – The member secretary of GRCs and Rayon level LAR Team will be regularly available and accessible for PAPs to address concerns and grievances. The PAPs shall be informed of the details of contact persons to whom complaints were submitted. The Contractor, Rtsmunebuli and Sakrebulo shall be warned that all compaints they may receive from PAPs shall be immediately submitted to the contact persons of GRC (coordinator and secretary), which will then organize a meeting and informally review the complaint with the aggrieved PAP. If the PAP is not satisfied, the GRC shall assist him/her in lodging an official compalint to the relevant body (i.e. GSE). RT of GSE headquarters will keep record of complaints received for its use as well as for review by the WB during regular supervisions.The complaints and grievances from the APs will be addressed through the process described below in Table 8.3.1 Table 8.3.1 Grievance Resolution Process Steps Action level Process Step 1 Negotiations with The complaint is informally reviewed by the GRC, which takes PAPs all necessary measures to resolve the dispute amicably. Step 2 GRC Resolution If the grievance is not solved during the negotiations, the GRC will assist the aggrieved PAPs to formally lodge the grievances to the GRC. The aggrieved PAPs shall submit their complaints to the GRC within 1 week after completion of the negotiations at the village level. The aggrieved PAP shall produce documents supporting his/her claim. The GRC member secretary will review the complaint and prepare a Case File for GRC hearing and resolution. A formal hearing will be held with the GRC at a date fixed by the GRC member secretary in consultation with Convenor and the aggrieved PAPs. On the date of hearing, the aggrieved PAP will appear before the GRC at the Gamgeoba office for consideration of grievance. The member secretary will note down the statements of the complainant and document all details of the claim. The decisions from majority of the members will be 41166_RPF_Eng_V04 Page 39 of 59 Steps Action level Process considered final from the GRC at Stage 1 and will be issued by the Convenor and signed by other members of the GRC. The case record will be updated and the decision will be communicated to the complainant PAP. Step 3 Decision from GSE If any aggrieved PAP is unsatisfied with the GRC decision, the next option will be to lodge grievances to the GSE at the national level. The GSE shall review the complaint in compliance with the procedures specified in the Administrative Code of Georgia. GRC should assist the plaintiff in lodging an official compalint (the plaintiff should be informed of his/her rights and obligations, rules and procedures of making a complaint, format of complaint, terms of complaint submission, etc). The plaintiff shall be informed of the decision. Step 4 Court decision If the GSE decision fails to satisfy the aggrieved PAPs, they can pursue further action by submitting their case to the appropriate court of law (Rayon Court). The aggrieved PAP can take a legal action not only about the amount of compensation but also any other issues, e.g. occupation of their land by the contractor without their consent, damage or loss of their property, restrictions on the use of land/assets, etc. 41166_RPF_Eng_V04 Page 40 of 59 Figure 8.3.2 Grievance Resolution and Acquisition Process Rayon Court Expropriation Grievance Unresolved Possession Taken Over by GSE Grievance Resolution Working Group Land Transferred to GSE Grievance Unresolved Grievance Resolution Grievance Payment in GRC Resolved Negotiation Fails Negotiation Negotiation Agreement Signed LAR Team/PAP Successful PAP 41166_RPF_Eng_V04 Page 41 of 59 9. Monitoring and Reporting The main objective of implementation of RAP is to improve or at least restore the social and livelihood resources of the PAPs at their pre-project level. The process of implementation should ensure that this objective is achieved over a reasonable time with allocated resources. Therefore, monitoring of the RAP, its implementation and delivery of institutional and financial assistance to the PAPs has been designed as an integral part of the overall functioning and management of the Project. The Environmental and Resettlement Unit of GSE through its Resettlement Team (RT) will ensure the execution of timely monitoring of the monitoring and evaluation (M&E) indicators (process, delivery and impact indicators) of land acquisition and resettlement (LAR) tasks. The purpose of the Monitoring and Evaluation (M&E) is to provide feedback to all stakeholders on progress made in view of a timely and comprehensive implementation of the RAP and to identify problems as early as possible to facilitate well-timed adjustment of implementation arrangements. The objectives are to: (i) ensure that the standard of living of PAPs are restored or improved; (ii) ascertain whether activities are in progress as per schedule and the timelines are being met; (iii) assess whether the compensation, rehabilitation measures are sufficient; (iv) identify problems or potential issues; and (v) identify methods to rapidly mitigate problems. Monitoring of RAP in the Project will be carried out at two levels. The Head of RT will carry out regular internal monitoring for the GSE with inputs from LAR teams at field operation. Local Resettlement Consultant (LRC) will assist GSE Resettlement Team during the RAP implementation and will be responsible for internal monitoring. The LRC will also carry out supervision and monitoring to assist GSE (and WB, if required) in relation with the resettlement impacts at the civil works stage.External monitoring will be commissioned by GSE employing Independent Monitoring Agency (IMA) or Social Safeguards Consultant. 9.1 Internal Monitoring Internal monitoring will be carried out routinely by Resettlement Management Teamof GSE during implementation of the RAP either directly or through the Local Resettlement Consultant (LRC). Indicators for internal monitoring will be those related to process, immediate outputs and impacts. The informationwill be collected directly from regional level and reported to the GSE weekly to assess the progress and resultsof RAP implementation, and to adjust the work program, if necessary. Specific monitoring benchmarks will be: (i) Information campaign and consultation with PAPs; (ii) Status of land acquisition and payments on land compensation; (iii) Compensation for affected structures and other assets; (iv) Relocation of PAPs; (v) Payments for loss of income; (vi) Selection and distribution of replacement land areas (if any); and (vii) Income restoration activities The above information will be collected by GSE Environmental and Social Safeguards Unit which is responsible for monitoring the day-to-day resettlement activities of the project through thefollowing instruments: a) Review of census information for all APs; b) Consultation and informal interviews with APs; 41166_RPF_Eng_V04 Page 42 of 59 c) In-depth case studies; d) Sample survey of APs; e) Key informant interviews; and f) Community public meetings. The monthly reports will be consolidated quarterly or bi-annually in a standard supervision report templateand submitted to the WB (to be agreed and annexed to the RAPs). The report of internal monitoring will contain: (i) accomplishment to-date, (ii) objectives attained and not attained during the period, (iii) problems encountered, and (iv) suggested options for corrective measures. The internal monitoring report will primarily be prepared by the RT resettlement specialists.. 9.2 External Monitoring According to the tasks, external monitoring will be carried out by an Social Safeguards Consultant (SSC)hired by GSE.For each OHL section involving land acquisition/resettlement, the SSC will closely monitor the implementation of the RAP and engage in the following tasks: (i) review of RAP and Information pamphlet disclosure; (ii) review of action taken by the GSE to compensate the PAPs with particular attention to the way this action fits the stipulation of the RAP; (iii) review all compensation tallies; (iv) verify whether the compensation is provided thoroughly to all PAPs and in the amounts defined in the RAP and in the PAP contracts; (v) asses the satisfaction of the PAPs with the information campaign and with the compensation/rehabilitation package offered to them; (vi) review the legalization process and assess its effectiveness; (vii) review complaints & grievances case; (vii) carry out an PAP satisfaction survey with a 20% sample of the PAPs. Immediately after the implementation of the RAP the SSC will prepare the Compliance Report to be financed by GSE. The report will include well argued sections on the following: (i) Assessment of the way the compensation has been carried out in relation of the stipulations of the RAP; (ii) Verification that all PAPs have been compensated in the amounts stipulated in the RAP (iii) Assessment of the accuracy of survey and asset valuation (iv) Assessment of the effectiveness and thoroughness of the Legalization process (v) Review of complaint and grievance cases and of their solution (vi) Assessment of the rehabilitation program for severely affected and vulnerable PAPs (vii) Assessment of the satisfaction of the PAPs (viii) Lesson learned to be applied to the next projects, and; (ix) General assessment of RAP implementation and recommendations to WB regarding the provision of “No Objection� Letter to start the civil works. The SSC will carry out its activities in close communication with the GSE and will engage in desk activities and field activities and for this s/he will hire an appropriate number of assistants to carry out the PAP satisfaction survey and to review the compensation tallies. The monitoring activities assigned to the consultant will start immediately after Government approval of the RAPs and will last until RAP implementation is concluded.As per WB policies, the Transmission Grid Strengthening Project shall not be considered concluded until the objectives of RAPs are fulfilled. 41166_RPF_Eng_V04 Page 43 of 59 10. Resettlement Budget and Financing All RAP preparation and implementation costs, including cost of compensation and LAR administration, will be considered an integral part of Project cost and will be contributed as a counterpart fund by the Government of Georgia, in particular GSE. The Ministry of Finance will provide funds to GSE for implementing resettlement. The WB is only responsible for reviewing, approving the RPF/RAP and providing support to the GoG and GSE.The World Bank through the Project Implementation Agency (GSE), will review asset inventories, valuation schedules, proposed compensation packages, and the resulting estimates of resettlement costs. World Bank will require GSE to add a specified contingency to estimate of resettlement costs. Reliance on local government for participation in valuation brings applicable local knowledge to the process. The addition of external valuation experts and external facilitators to valuation teams and the training of both external and government participants on the teams are intended to ensure that World Bank guidelines and Operational Policy 4.12 principles and the specified valuation methods derived from them are applied to the Project. RAP will include a budget section indicating (i) unit compensation rates for all affected items and allowances, (ii) methodology followed for the computation of unit compensation rates, and (iii) a cost table for all compensation expenses including administrative costs and contingencies. Costs for the preparation of surveys and RAP will be allocated by AGL under the agreement with GSE. Being the project owner, GSE is responsible for the timely allocation of the funds needed to implement the RAPs. Allocation will be reviewed twice a year based on the budget requirements indicated by the RAPs. The budget for compensation and rehabilitation will be directly disbursed by GSE to the PAPs. 41166_RPF_Eng_V04 Annex 1 Page 44 of 59 Annex 1 PAP’s Socio-Economic Survey Questionnaire 41166_RPF_Eng_V04 Annex 1 Page 45 of 59 PAP’s Socio-Economic Survey Questionnaire Questionnaire № General identification 1.1 Section of the Project Corridor 1.2 Address 1.2.1 Village/town 1.2.2 Territorial Unit 1.2.3 Municipality Information about household 2.1. Gender of household head 1. Male, 2. Female 2.2. Age of household head 2.3. Ethnic belonging 1. Georgian, 2. Armenian, 3. Azerbaijani, 4. Russian 5. Other. 2.4. Religious belonging 1.Orthodox Christian, 2. Catholic Christian, 3. Gregorian, 4. Muslim, 5. Other 2.4. Family members Age Category Male Female Total Children (under 15) Senior (15 to 65) Elderly (over 65) Total 3. The Education Preschool Primary Secondary Higher Uneducated Total Male Female Total 4. The economic activity of the family 4.1. Main economic activities of family members Type of Activities 1. Yes, 2. No Agriculture Working in other’s farms as a worker Small entrepreneurship Governmental Job Business and Commerce 41166_RPF_Eng_V04 Annex 1 Page 46 of 59 Hourly wages Other Economic activity of Family members above 15 Economically Employed Self-employed Unemployed Total Inactive Male Female Total 5. Land ownership 5.1. Agricultureal land (ha) [1 hectare = 10,000 sq. m.] Arable Under perennials Hayland/ Total Plantation (Vineyard, pasture Irrigated Not irrigated Fruit Garden nuts, tea) 5.2. Non-Agricultural land (ha) Homestead Commercial Other Total Tentative price of land parcel ( GEL/100 sq.m) Agricultural Hayland/ Homestead Commercial other Irrigated Not irrigated pasture 6. Harvest Crops Land area (ha) Total Harvest (Tons) Total Income(Gel) Grain Legumes Vegetables Fruits Nuts / kiwi / tea Citrus Hay / grass / straw Other Total 7. The total family income Monthly Source Annual Income (GEL) Income 41166_RPF_Eng_V04 Annex 1 Page 47 of 59 (GEL) Paid employment From the sale of agricultural products Own business other than agriculture Income from property leasing Pension/other social assistance Donations from abroad (family / friends) Local donations (family / friends) Other Total 8. Expenses Indicate your expenses Costs(GEL) Subject / Source Monthly Annual Food / Drink / Tobacco Clothing / Shoes Household items Health Education Communication Electricity Transport Fuel (for heating and cooking ) Recreation and Culture Agricultural inputs (seeds, fuel, chemicals, hired workers, etc.) Other 9. Other assets What do you own from the list below? Name 1. Yes 2. No Quantity Radio Bicycle TV Gas stove Computer Refrigerator Washing machine Motorcycle Car Air conditioner Ship / boat Cattle (cow, bull, Buffalo) Sheep / goats Pigs Poultry Horse / mule / donkey Other (please specify) 41166_RPF_Eng_V04 Annex 1 Page 48 of 59 10. Information about buildings and structures 10.1. Please list buildings and structures in your ownership Type of Building Type Area of Structure Age of 1. Temporary, Functionality of Number of orthogonal 1. Wood, 2. Market № building 2. Semi- building Floors projection Brick/stone, 3. Price (Gel) (Years) temporary, (Sq.m.) Concrete, 4. 3. Permanent Other 1. Residential 2. Commercial Other (please 3 specify) 10.2. Is your house supplied with electricity? 1. Yes, 2. No 10.3. How many rooms are there in your house? 10.4. Is your house supplied with natural gas? 1. Yes, 2. No 10.5. Drinking water source: 1. Municipal Pipe, 2. Village Spring, 3. Wells, 4. Channel 5. other 10.6. Toilet type: 1. Flush toilet 2. Pit toilet 10.7. Fuel for heating: (1. Electricity, 2. Firewood, 3. Gas, 4. Diesel/kerosene, 5. Other) 11. The perception of poverty 11.1 How would you rate your family's living standards? Description 1. Yes 2. No 1- Irregular income 2- Insufficient nutrition 3- Lack of heating 4- Insufficient funds for children's education 5- Insufficient money for clothes 6- Other (please specify) 12. Attitude to the project 12.1. What is your attitude to the project? 1. Very negative, 2. Negative, 3. Neither negative nor positive, 4. Positive, 5. Very positive, 6 . Cannot specify 12.2. In your opinion, what impact will project have on the socio-economic activity in your municipality? 1. Very negative, 2. Negative, 3. Neither negative nor positive, 4. Positive, 5. Very positive, 6 . Cannot specify 13. Please, list the most important cultural and historical monuments on the territory of your village/community 41166_RPF_Eng_V04 Annex 1 Page 49 of 59 14. Please, list the most important public infrastructure on the territory of your village/community 15. Special Status How many members of your household have any of the flowing special status? Description Number 1- Pensioner 2- Disabled 3- Invalid 4- Registered as living below poverty line 5- IDP due to armed conflicts 6- IDP due to natural hazards 7- Other Interviewer ________________________________ Date of Interview _________________ 41166_RAPF_Eng_V01 Annex 2 Page 50 of 59 Annex 2 Affected Asset Inventory Form 41166_RAPF_Eng_V01 Annex 2 Page 51 of 59 Affected Asset Inventory form 1. General Part 1. Questionnaire № (Not to be filled by the interviewer) 2. The Village:_____________________________ 3. Sakrebulo:_____________________________ 4. Municipality: ____________________________ 5. Land Parcel № 2. Identification of the Land Parcel 1. Total area of the land parcel (m2) 2. The area of affected parcel (m2) 3. Legal Status 3.1. The registration status 1 - Registered, 2 - unregistered 3.2. Ownership/user status 1 - registered owner, 2 - eligible owner, 3 - lawful user, 4 – unlawful user 3.3. The type of the land parcel 1 - Agricultural, 2 - Non-Agricultural - Homestead, 3 – Non-agricultural - commercial / industrial, 4 - Non- agricultural - Other 4. Additional information 4.1. The name of registered owner/ eligible owner/lawful user as recorded in the registration or title deed; The name of unlawful user as recorded in ID card The name of registered /eligible owner’s or lawful / unlawful user’s authorized representative, who have taken part in inventory, as recorded in ID card 4.2. Photos/Copies Registration document/ Title deed Identity document of registered / eligible owner or lawful / unlawful user or their authorized representative Photo of registered/eligible owner or lawful /unlawful user or their authorized representative 5. Land use type of affected land parcel Area (sq.m.) Arable Perennials Hay / pasture Homestead 41166_RAPF_Eng_V01 Annex 2 Page 52 of 59 Commercial Other 6. Trees on the affected section of the land plot Fruits Age Fruit market Fruit Tree price 5- 5-9 10-14 15-19 20_24 25+ (GEL / kg) Mandarin Orange Lemon Figs Persimmon Loquat Apples Pears Plum Walnuts Nuts Grapes (vineyard) Grapes (stand-alone) Kiwi Feijoa Other Non-bearing adult trees (Quantity) 7. Crops on the affected part of the land parcel Crops The area under the species (m2) Market Price (GEL / kg) Grain Legumes Vegetables Hay / grass other 8. Buildings/Structures 8.1. Total number of affected buildings/structures 8.2. Description of affected buildings/structures 8.2.1 Building Market Price (GEL) . Functionality ______________________________________________ 1 – Residential house, 2 - Household auxiliary building, 3 - Garage, 4 - Industrial building, 5 - Industrial warehouse, 6 - other Number of Floors Attic Yes -1 No -2 41166_RAPF_Eng_V01 Annex 2 Page 53 of 59 Basement Yes -1 No -2 Area of orthogonal projection (m 2) Construction 1 - Concrete / block / brick / stone, 2 - Wood - Concrete / block / brick / stone, 3 - wood, 4 - other Quality of refurbishment / lining 1 - low, 2 - medium, 3 - high Photo of the building 8.2.2 Building Market Price (GEL) . Functionality ______________________________________________ 1 – Residential house, 2 - Household auxiliary building, 3 - Garage, 4 - Industrial building, 5 - Industrial warehouse, 6 - other Number of Floors Attic Yes -1 No -2 Basement Yes -1 No -2 Area of orthogonal projection (m 2) Construction 1 - Concrete / block / brick / stone, 2 - Wood - Concrete / block / brick / stone, 3 - wood, 4 - other Quality of refurbishment / lining 1 - low, 2 - medium, 3 - high Photo of the building 8.2.3 Building Market Price (GEL) . Functionality ______________________________________________ 1 – Residential house, 2 - Household auxiliary building, 3 - Garage, 4 - Industrial building, 5 - Industrial warehouse, 6 - other Number of Floors Attic Yes -1 No -2 Basement Yes -1 No -2 Area of orthogonal projection (m 2) Construction 1 - Concrete / block / brick / stone, 2 - Wood - Concrete / block / brick / stone, 3 - wood, 4 - other Quality of refurbishment / lining 1 - low, 2 - medium, 3 - high Photo of the building 8.2.4 Building Market Price (GEL) . Functionality ______________________________________________ 1 – Residential house, 2 - Household auxiliary building, 3 - Garage, 4 - Industrial building, 5 - Industrial warehouse, 6 - other Number of Floors Attic Yes -1 No -2 Basement Yes -1 No -2 Area of orthogonal projection (m 2) Construction 1 - Concrete / block / brick / stone, 2 - Wood - Concrete / block / brick / stone, 3 - wood, 4 - other 41166_RAPF_Eng_V01 Annex 2 Page 54 of 59 Quality of refurbishment / lining 1 - low, 2 - medium, 3 - high Photo of the building 8.2.6 Other structures Market price (GEL) . Functionality ______________________________________________ 1 - Well, 2 - Tank, 3 - Other Photo of the structure 3. Fence / wall 3.1. Length (m) Height (m) Material 1 - Concrete / block / brick / stone, 2 – reinforced concrete / metal mesh, 3 -other Quality 1 - low, 2 - medium, 3 - high Photo of the fence /wall 3.2. Length (m) Height (m) Material 1 - Concrete / block / brick / stone, 2 – reinforced concrete / metal mesh, 3 -other Quality 1 - low, 2 - medium, 3 - high Photo of the fence /wall 3.3. Length (m) Height (m) Material 1 - Concrete / block / brick / stone, 2 – reinforced concrete / metal mesh, 3 -other Quality 1 - low, 2 - medium, 3 - high Photo of the fence /wall 9. Business activity Net profit as of the last fiscal year Number of permanent employees (persons) Salary of permanent employees (GEL / month) Reporting to tax authorities Full reporting -1, simplified reporting - 2, not reporting - 3 10. Household Characteristics Gender of household head 1. Male, 2. Female Age of household head (years) Special status of household head 1 – disabled, 2 - refugee, 3 - eco-migrant, 4 - no special status Copy of the document Household status 1 – receives social assistance, 2 - does not receive social assistance ID of Social Assistance Recipient 41166_RAPF_Eng_V01 Annex 2 Page 55 of 59 Copy of the document Preferred form of compensation 1. Money, 2. In-Kind If in-kind, please specify the place Special Notes (existence of a litigant, litigant’s name and his/her land parcels, comments, wishes and concerns of the owner/user) Signatures of inventory participants Owner / User / Representative Representative of the local government Attendees Interviewer Date of inventory 41166_RAPF_Eng_V01 Annex 2 Page 56 of 59 ANNEX – RAP Outline Georgia Transmission Line Project Outline Structure of Land Acquisition and Resettlement Action Plan (LARAP)5 Introduction  Introduction referencing the 220kV Akhaltsikhe-Batumi OHL Project, the responsible agencies, and brief statement regarding the fact that LARAP is based on the RPF and is in line with Georgian legislation and the WB OP 4.12 (and the OP 4.12 and RPF prevail over local regulations).  Brief description of the components and ancillary facilities, such as access roads, etc., associated to the TL segment which require land acquisitions or easement which are covered by the site-specific LARAP. Include a map of the segment and overall estimate of the number of properties required (% public and private) and people to be physically and/or economically displaced. Objectives and Principles  Key objectives and principles of the LARAP (from the RPF and in line with WB OP 4.12) Minimization of Impacts  Description of any efforts made to minimize impacts associated to land acquisition and resettlement in the specific segment of the TL covered under the LARAP. Census and Socioeconomic Surveys  Baseline socioeconomic survey information specific to the affected area including: number of properties affected; land use; public or privately owned; type of impact on one property (e.g. total, partial, acquisition, easement, economic displacement and/or physical displacement), asset survey  Identify all categories of impacts and people affected.  Summarize consultations on the results-of the various surveys with affected people in order to validate them.  Describe need for updates to the census, assets inventories, resource assessments, and socioeconomic surveys, if necessary, as part of RAP monitoring and evaluation.  Describe specific issues related to vulnerable peoples and land tenure issues, including problems of documentation where cadaster has been incomplete and cases that are problematic (e.g. absentee owners, properties under legal dispute, etc) 5 For detailed guidance see IFC Handbook for Preparing a Resettlement Action Plan at http://www.ifc.org/wps/wcm/connect/22ad720048855b25880cda6a6515bb18/ResettlementHandbook.PDF? MOD=AJPERES 41166_RAPF_Eng_V01 Annex 2 Page 57 of 59 Legal Framework and Valuation Methods  Summary of applicable legal framework and key measures to bridge any gaps between Georgian regulations and WB OP 4.12 (e.g. specific act of government that allows the implementing agency to recognize the rights of people without legal titles or to pay compensation at replacement value, as opposed to only market value)  Describe method of valuation used for affected structures, land, trees, and other assets (i.e. how replacement value will be achieved)  IMPORTANT: Include specific procedures to deal with special cases such as: absentee owners, expropriation of land under legal dispute, steps to expropriate should negotiations with the owner fail (e.g. escrow account). Eligibility and Entitlements  Describe the eligibility criteria  Include a detailed entitlement matrix  Description of resettlement sites and programs for improvement or restoration of livelihoods and standards of living for economic and/or physical resettlement, as applicable Resettlement Sites  Does the project require community relocation sites? Have affected people been involved in a participatory process to identify sites, assess advantages and disadvantages of each-site, and select preferred sites?  Have the affected people been involved in developing an acceptable strategy for housing replacement? Will new housing be constructed/allocated?  Does the project involve, allocation of agricultural land or pasture/rangeland? Have the individual households that will be allocated lands been involved in identifying-potential new sites, and have they explicitly accepted the selected sites?  Describe the specific process of involving affected populations in identifying potential housing sites, assessing advantages and disadvantages; and selecting, sites.  Describe the feasibility studies conducted to determine the suitability of the proposed sites, including natural resource assessments (soils and land use capability, vegetation' and livestock carrying capacity, water resource surveys) and environmental and social impact assessments of the sites.  Demonstrate that the land quality sand area are adequate for allocation to all of the people eligible for allocation of agricultural land. Provide data-on land, quality and capability, productive potential, and quantity.  Give calculations relating to site requirements and availability.  Describe mechanisms for: 1) procuring, 2) developing and 3) allotting resettlement sites, including the awarding of title or use rights to allotted lands.  Provide detailed description of the arrangements for site development for agriculture, including funding of development costs. Consultation and Participation  Describe the various stakeholders. 41166_RAPF_Eng_V01 Annex 2 Page 58 of 59  Describe the process of consultation/participation of affected populations and stakeholders in resettlement preparation and planning.  Describe the process of involving affected populations and other stakeholders in implementation and monitoring.  Describe the plan for disseminating RAP information to affected populations and stakeholders, including information about compensation for lost assets, eligibility for compensation, resettlement assistance, and grievance redress.  In the case of draft LARAP also include plans to continue consultations during preparation of Final LARAP and implementation. IMPORTANT: Make clear who will be responsible for day to day interactions with affected people and grievance redress. Grievance Redress  Describe the step-by-step process for registering and addressing grievances and provide specific details regarding a cost-free process for registering complaints, response time, and communication modes.  Describe the mechanism for appeal.  Describe the provisions for approaching civil courts if other options fail. Institutional Arrangements and Implementation Team  Describe the institution(s) responsible for delivery of each item/activity in the entitlement policy; implementation of income restoration programs; and coordination of the activities associated with and described in the resettlement action plan.  State how coordination issues will be addressed in cases where resettlement is spread over a number of jurisdictions or where resettlement will be implemented in stages over a long period of time.  Identify the agency that will coordinate all implementing agencies. Does it have the necessary mandate and resources?  Describe the external (non project) institutions involved in the process of income restoration (land development, land allocation, credit, and training) and the mechanisms to ensure adequate performance of these institutions.  Discuss institutional capacity for and commitment to resettlement.  Describe mechanisms-for ensuring independent monitoring, evaluation, and financial audit of the RAP and for ensuring that corrective measures are carried out in a timely fashion.  Describe in detail the team in charge of preparing and implementing the RAP, including profile and responsibilities. Implementation Schedule  List the chronological steps in implementation of the RAP, including identification of agencies responsible for each activity and with a brief explanation of each activity. NOTE: As per WB OP 4.12 project-affected people should receive compensation before construction activities start on their lands.  Prepare a month-by-month implementation schedule (using a Gantt chart, for example) of activities to be undertaken as part of resettlement implementation. 41166_RAPF_Eng_V01 Annex 2 Page 59 of 59  Describe the linkage between resettlement implementation and initiation of civil works for each of the project components. Monitoring and Evaluation  Describe the internal/performance monitoring process.  Define key monitoring indicators derived from baseline survey. Provide a list of monitoring indicators that will be used for internal monitoring.  Describe institutional (including financial) arrangements.  Describe frequency of reporting and content for internal monitoring.  Describe process for integrating feedback from internal monitoring into implementation.  Define methodology for external monitoring.  Define key indicators for external monitoring.  Describe frequency of reporting and content for external monitoring.  Describe process for integrating feedback from external monitoring into implementation.  Describe arrangements for final completion audit  Annex quarterly or bi-annually consolidated monitoring report template Cost and Budget  Segment-specific land acquisition and resettlement cost estimate and sources of budget