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Resettlement Due Diligence Report Project Number: 48042-001 October 2019 AFG: Panj Amu River Basin Sector Projects (CONSTRUCTION OF WATER USER ASSOCIATION BUILDING IN BADAKHSHAN, KUNDUZ, BAGHLAN AND, TAKHAR PROVINCES) Prepared by Ministry of Agriculture, Irrigation and Livestock for the Ministry of Finance and the Asian Development Bank. This Resettlement Due Diligence Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

AFG: Panj Amu River Basin Sector Projects...(RBA), and sub basin agencies (SBAs) in the Panj-Amu river basin, to: (i) improve the conveyance and allocation of water to irrigated areas

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Page 1: AFG: Panj Amu River Basin Sector Projects...(RBA), and sub basin agencies (SBAs) in the Panj-Amu river basin, to: (i) improve the conveyance and allocation of water to irrigated areas

Resettlement Due Diligence Report Project Number: 48042-001 October 2019

AFG: Panj Amu River Basin Sector Projects (CONSTRUCTION OF WATER USER ASSOCIATION BUILDING IN

BADAKHSHAN, KUNDUZ, BAGHLAN AND, TAKHAR PROVINCES)

Prepared by Ministry of Agriculture, Irrigation and Livestock for the Ministry of Finance and the Asian Development Bank.

This Resettlement Due Diligence Report is a document of the borrower. The views expressed

herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and

may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation

of or reference to a particular territory or geographic area in this document, the Asian

Development Bank does not intend to make any judgments as to the legal or other status of any

territory or area.

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Contents EXECUTIVE SUMMARY............................................................................................................................................ 5

A. INTRODUCTION .............................................................................................................7

B. Objectives, Methodologies of this Due Diligence Report and Policy Framework ................... 8

C. CONSULTATION, PARTICIPATION, AND DISCLOSURE .............................................8

E. DUE DILLIGENCE FINDINGS .............................................................................................9

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING ( TWO STORY ) IN TALOQAN , TAKHAR CITY ........................................................................................................... 9

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING ( TWO STORY ) IN KUNDUZ , KUNDUZ CITY ........................................................................................................... 10

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING ( TWO STORY ) IN BAGHALAN , POLKHOMRI CITY .............................................................................................. 12

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING ( TWO STORY ) IN FAIZ ABAD , BADKHSHAN CITY........................................................................................................ 13

F. GRIEVANCE REDRESS MECHANISM ........................................................................................ 14

Levels and Procedure for Grievance Redress .................................................................... 14

GRM: Central Level............................................................................................................... 15

Grievance Focal Points ........................................................................................................ 15

Disclosure of the Grievance Process .................................................................................. 15

G. INSTITUTIONAL IMPLEMENTATION, MONITORING AND REPORTING ARRANGEMENTS ........................................................................................................ 16

H. SOCIAL SAFEGUARDS MITIGATION MEASURES:................................................. 16

i. RECOMMENDED SAFEGUARDS PROVISIONS IN CIVIL WORKS CONTRACTS:16

LIST OF FIGURES:

FIGURE 1: WUA OFFICE BUILDIN PLAN 4

FIGURE 2: SITE PLAN FOR THE WUA BUILDING IN TALOQAN CITY 10

FIGURE 3: GOOGLE MAP OF SUPBROJECT 10

FIGURE 4: SITE PLAN FOR THE WUA BUILDING IN KUNDUZ CITY 12

FIGURE 5: SITE PLAN FOR THE WUA BUILDING IN BAGHLAN CITY 13

FIGURE 6: GOOGLE MAP OF SUBPROJECT 13

FIGURE 7: SITE PLAN FOR THE WUA BUILDING IN BADKHSHAN CITY 14

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CURRENCY EQVELLENTS

as of 1 July 2019

Currency Unit - AFN

AFN 1.00 - $ 0.012

$1.00 - 80 AFN

ABBREVIATIONS

ADB Asian Development Bank

AH Affected Household

APs

CDC

Affected Persons

Community Development Council

DDR Due Diligence Report

EA Executing Agency

GRC Grievance Redress Commission

GRM Grievance Redress Mechanism

IP Indigenous People

ESCS Engineering and Supervision Consulting Services

LAR Land Acquisition and Resettlement

LARP Land Acquisition and Resettlement Plan

MAIL Ministry of Agriculture, Irrigation and Livestock

MEW Ministry of Energy and Water

MFF Multi-tranche Financing Facility

MOF

MUDL

Ministry of Finance Ministry of Urban Development and Land

PARBA Panj-Amu River Basin Agency

PIO Project Implementation Office

PMO Project Management Office

GoA Government of Afghanistan

NGO Non-Governmental Organization

RIB

ROW

Resettlement Information Brochure

Right of Way

TA Technical Assistance

WRDIP Water Resources Development Investment Program

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FIGURE 2: WUA OFFICE BUILDIN PLAN

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EXECUTIVE SUMMARY

A. Introduction

1. Since 2004, the European Union (EU) has supported the Government of Afghanistan (GoIRA) in

its reconstruction efforts by funding integrated water management programs in the Taloqan river

basin.

2. The current Project continues this EU support in partnership with ADB as co-financier and

administrator. This will improve GoIRA ownership of fund management, increasing sustainability

and conforming to EU policy in Afghanistan of moving funding on-budget or into co-financing

arrangements.

3. The importance of the Project is in its impact on the well-being of rural communities in the basin,

and in its support for GoIRA’s sector investment plan, the $1.1 billion National Water and Natural

Resources Development Program.

4. The proposed project will increase agricultural productivity in the Taloqan River Basin through

improving access and use of irrigated water at farm, scheme and river levels. The project will

improve yields, cropping intensities and irrigated areas on a command area of 74,500ha,

resulting in increased farm incomes and reduced rural poverty for over 400,000 beneficiaries,

improved food security, import substitution, especially for wheat, and an increase in exports for

high-value products such as fruit and nuts. Additional benefits include a reduction in conflict over

water use, and an increase in sales of agricultural inputs such as fertilizers.

5. Water User Association buildings will be constructed from ADB Grant No. 0506-AFG (SF) and

0507-AFG (EF), Taloqan River Basin Sector Project under MEW/P-ARBP/NCB/Contracts2.

6. This is summary of social safeguards due diligence conducted for Construction of WUA Office

Buildings in Badakhshan, Kunduz, Baghlan and Takhar Provinces under MEW/P-

ARBP/NCB/Contracts2.

B. Objectives of DDR:

• The main objectives of this due diligence of this project:

• Identify any LAR issues;

• To substantiate there is no LAR impact in any form.

• Access capacity of EA in knowledge and understanding of ADB SPS 2009 and good practices;

• Propose project arrangements for social safeguards in accordance with ADB SPS 2009.

C. Summary of Findings and IR Categorization

1. Social safeguards due diligence Report for Construction of WUA Office Building in Badakhshan,

Kunduz, Baghlan and Takhar Provinces conducted on July 2019 and confirmed no LARP issue

at present stage.

D. Institutional Implementation and Monitoring Arrangements

1. The Executing Agency for the Project is the Ministry of Finance (MOF) and the Implementation

Agency is Ministry of Energy and Water. MEW is responsible to oversee the implementation of

Output 1 through the existing WRDIP PMO in Kabul in the MEW main office.

2. This PMO is part of an overall ADB PMO responsible for all ADB projects and programs

implemented by the Ministry. Also, for implementation of Output 1 a PIO for basin-level activities

in the river basin agency (RBA) in Kunduz and Taloqan, embedded within the WUA office to

avoid setting up a parallel structure and to strengthen government institutional capacity.

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3. With respect to the Project Management, PMO and PIOs of MEW have been established and

staffed.

4. To meet ADB safeguard requirements the PMO will engaged a full time Safeguard specialist

who is in charge for semi-annual and annual social safeguards monitoring reports on

construction / rehabilitation activities.

5. Safeguard specialist is responsible to ensure timely submission of semi-annual (covering

January-June of each year and due by end of July the same year) or annual (covering January –

December each year and due in January of the following year) social safeguards monitoring

reports for acceptance and further disclosure.

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A. INTRODUCTION

1. Since 2004, the European Union (EU) has supported the Government of Afghanistan (GoIRA) in

its reconstruction efforts by funding integrated water management programs in the Panj Amu

river basin.

2. The current Project continues this EU support in partnership with ADB as co-financier and

administrator. This will improve GoIRA ownership of fund management, increasing sustainability

and conforming to EU policy in Afghanistan of moving funding on-budget or into co-financing

arrangements.

3. The importance of the Project is in its impact on the well-being of rural communities in the basin,

and in its support for GoIRA’s sector investment plan, the $1.1 billion National Water and Natural Resources Development Program.

4. The proposed project will increase agricultural productivity in the Panj-Amu River Basin through

improving access and use of irrigated water at farm, scheme and river levels. The project will

improve yields, cropping intensities and irrigated areas on a command area of 74,500ha,

resulting in increased farm incomes and reduced rural poverty for over 400,000 beneficiaries,

improved food security, import substitution, especially for wheat, and an increase in exports for

high-value products such as fruit and nuts. Additional benefits include a reduction in conflict over

water use, and an increase in sales of agricultural inputs such as fertilizers.

5. The Project will be financed through an ADB sector grant. It will be implemented over the seven-

year period from late 2016 to late 2023, at an estimated cost of $76.75 million ($50 million in EU

funds, $26 million in ADB funds and $0.75m in government counterpart funds).

6. The Project proponents are the Government of the Islamic Republic of Afghanistan (GoIRA),

ADB, and the EU. The Project Executing Agency (EA) is the Ministry of Finance (MOF). The

Implementing Agencies (IAs) are Ministry of Energy and Water (MEW) and Ministry of

Agriculture, Irrigation and Livestock (MAIL). MEW will be involved in Output 1. MAIL will be

involved in in Outputs 2 and 3

Basic Project Information

7. Output 1 will provide the capacity and resources for MEW, and associated river basin agency

(RBA), and sub basin agencies (SBAs) in the Panj-Amu river basin, to: (i) improve the

conveyance and allocation of water to irrigated areas through rehabilitating and upgrading head

works and main canals in priority schemes; (ii) establish and strengthen the capacity of 112

water user associations (WUAs) to operate and maintain (O&M) conveyance infrastructure in

these schemes to better distribute water between the head, middle and tail end of canals more

equitably; and for them to work with RBA and SBAs to facilitate water sharing between schemes;

and (iii) enhance the capacity of MEW, RBA and SBAs for more effective water allocation

between schemes to benefit downstream users. In addition, support will also be provided to

Afghan members of the Afghanistan-Tajikistan transboundary technical working group to prepare

them for technical meetings and strengthen their ability to conduct negotiations regarding the

set-up and operations of the Pyanj River Basin Commission.

8. Under Output 1, 21 priority candidate irrigation schemes in the basin have been selected for

interventions. Implicit least-cost analysis was undertaken to select projects to ensure that severe

environmental and social impacts are avoided, and that schemes are large enough to attain

economies of scale.

9. Based on the request of Water User Associations regarding the providing office, River Basin

Agencies submitted official letter to PIOs and requested to cooperate in building of these WUAs

building from ADB grant. PMO after getting the approval of ADB designed the Water User

Associations building for the provinces of Badakhshan, Kunduz, Takhar and Baghlan.

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10. Water user association building will be constructed from ADB Grant No. 0506-AFG (SF) and

0507-AFG (EF), Panj Amu River Basin Sector Project under MEW/P-ARBP/NCB/Contracts2.

B. Objectives, Methodologies of this Due Diligence Report and Policy Framework

Objectives:

11. In general, PARB-P categorized as “B” for involuntary resettlement (IR) safeguard according to ADB’s Safeguard Policy Statement. To identify the LAR issue for this subproject Construction of Water User Association Office Building based on Badakhshan, Kunduz, Takhar and Baghlan, this due diligence conducted, the main objectives of this due diligence of this project is as follow:

• Identify any LAR impacts in accordance with ADB SPS 2009;

• Access capacity of EA in knowledge and understanding of ADB SPS 2009 and good practices;

• Propose project arrangements for social safeguards in accordance with ADB SPS 2009.

Methodologies:

12. For preparing this Due diligence report the project documents including detailed design which

provided by Project Management office of Ministry of Energy and Water reviewed.

13. To identify the social impact of construction work and if there is any LARP issue field survey

conducted.

14. Meetings with MEW authorities and relevant departments.

15. Meeting with Water User Association member, CDC members, and project beneficiaries and

nearby people.

C. CONSULTATION, PARTICIPATION, AND DISCLOSURE

16. According to ADB SPS (2009), meaningful project consultations have been conducted and

provided with opportunities to participate in the planning and implementation of LAR process.

17. As the project is construction of Water User Associations office building in the Ministry of Energy

and Water land in three provinces, and there is no affected person, the land belongs to MEW,

consultation conducted with MEW authorities, members of Water User Association, member of

community development councils CDCs and project beneficiaries and nearby people living,

though they are not affecting due to the project, to collect their concerns and suggestions and

land ownership. The project and its component and the objective of the project explained to the

meeting members, as this office will be the bridge between local water users and river basin

agency, and people can easily have access to authorities through completion of this project.

local people were satisfied from hearing about the project, and they said that before there was

problem in contacting to river basin agency and Water User Association, as there was no

specific location for them, and currently we can solve all our problem in this office and it is very

important for us. In the same time PIO manager and safeguard team explained the GRM for the

local people that if any person affected due to the project concerned about the project activities

has the right to report their concern to the committee, and this committee will analyze the

complaint and will convince the affected person, or if you complain not solve you can contact to

provincial and central level.

18. During the consultation meeting with MEW authorities, social safeguard issues discussed and

the main outcome of the consultation meeting is as follow:

19. During the consultation meeting with WUA authorities, social safeguard issues discussed and

the main outcome of the consultation meeting is as follow:

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• The River Basing Agency and MEW authority’s thanks from ADB for their cooperation in

construction of WUA building.

• The WUA office building will be built in the two stories in the government owned land.

• The land is government owned land which is belongs to Ministry of Energy and Water

(MEW).and it is a barren land which is not used for any purpose. As it is government own

land there is no any legal deed but River basin agency and water User association verify that

these areas are government land.

• There is no any land acquisition and resettlement issue.

• In cause of any problem, River Basin Agency and WUA will cooperate with Project

Implementation Office (PIO) to solve the problem in all projects, not only in this project

E. DUE DILLIGENCE FINDINGS

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING (TWO STORY) IN

TALOQAN, TAKHAR CITY

20. This project is construction of Water Association in TAKHAR Province. Currently there is no

building for the WUA in Takhar city and the WUA members are lacking of working environment.

21. The WUAs member proposed to the river basin agency to build a new two story building. RBA

requested PIOs to cooperate them and provide the budget from ADB grant for the building of

these office.

22. Based on the field survey, meeting with MEW officials and design of the project there is no

social impacts such as Land acquisition and resettlement issue.

23. The proposed land for Water User Association is government owned land which come under

MEW, the land is located in the south of sharawan canal river with a distance of 60 meters.

24. This building will cover total area of 94 square meter, that includes a meeting room, offices,

kitchens, toilets and corridors in single story and there is no any demolition work as part of

project activities.

25. The land is barren land which is not used for any purpose and it is belong to RBA under MEW.

And there is no any owner. During the consultation meeting with Water User Association and

local water users all of them agreed and welcomed the project and there is no any complain on

land yet.

26. Technical parameter of building is as follow: the total area of the site is 94,0 square meter, it

includes a meeting room ,2 offices ,3 kitchens ,4 toilets, 5 corridors.

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FIGURE 2: SITE PLAN FOR THE WUA BUILDING IN TALOQAN CITY

Figure 3: Location of Project

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING (TWO STORY) IN

KUNDUZ, KHANABAD DISTRICT

27. This project is construction of Water User Association in TAKHAR Province. Currently there is

no building for the WUA in Kunduz city and the WUA members are lacking of working

environment.

28. The WUAs member proposed to the river basin agency to build a new two story building. RBA

requested PIOs to cooperated them and provide the budget from ADB grant for the building of

these office.

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29. Based on the field survey, meeting with MEW officials and design of the project there is no

Land acquisition and resettlement impacts

30. The proposed land for Water User Association is government own land which comes under MEW, which is located in the south of khan Abad river with a distance of around 90 meters, east of the land is bordered by Road, & khan Abad river canal and to the west is private crush plant.

31. The land is barren land which is not used for any purpose and it is belong to RBA under MEW.

And there is no any owner. During the consultation meeting with Water User Association and

local water users all of them agreed and welcomed the project and there is no any complain on

land yet.

32. Technical parameter of building is as follow: the total area of the site is1500m2, and it include

of a meeting room ,2 offices ,3 kitchens ,4 toilets, 5 corridors.

FIGURE 4: SITE PLAN FOR THE WUA BUILDING IN KUNDUZ CITY

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CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING (TWO STORY) IN

BAGHALAN, POLKHOMRI CITY

33. This project is construction of Water User Association in TAKHAR Province. Currently there is

no building for the WUA in Baghlan city and the WUA members are lacking of working

environment.

34. The WUAs member proposed to the river basin agency to build a new two story building. RBA

requested PIOs to cooperated them and provide the budget from ADB grant for the building of

these office.

35. Based on the field survey, meeting with MEW officials and design of the project there is no

social impacts such as Land acquisition and resettlement issue.

36. The proposed land for Water User Association is government own land which is comes under

MEW, the building will be located in the east of Pule Khumri river with a distance of 70 meters.

37. The land is barren land which is not used for any purpose and it is belong to RBA under MEW.

And there is no any owner. During the consultation meeting with Water User Association and

local water users all of them agreed and welcomed the project and there is no any complain on

land yet.

38. This building will cover total area of 94 square meter, that includes a meeting room, offices, kitchens, toilets and corridors in single story and there is no any demolition work as part of project activities.

FIGURE 5: SITE PLAN FOR THE WUA BUILDING IN BAGHLAN CITY

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Figure 6: Location of subproject

CONSTRUCTION OF WATRER USER ASSOCIATION BUILDING (TWO STORY) IN FAIZ

ABAD, BADKHSHAN CITY

39. This project is construction of Water Association in BADKHSHAN Province. Currently there is

no building for the WUA in FAIZ ABAD city and the WUA members are lacking of working

environment.

40. The WUAs member proposed to the river basin agency to build a new two story building. RBA

requested PIOs to cooperated them and provide the budget from ADB grant for the building of

these office.

41. Based on the field survey, meeting with MEW officials and design of the project there is no

social impacts such as Land acquisition and resettlement issue.

42. The proposed land for Water User Association is government owned land which is related to

MEW, the proposed land located in the north of Badakhshan, Kishim main road.

43. The land is barren land which is not used for any purpose and it is belong to RBA under MEW.

And there is no any owner. During the consultation meeting with Water User Association and

local water users all of them agreed and welcomed the project and there is no any complain on

land yet.

44. This building will cover total area of 94 square meter, that includes a meeting room, offices,

kitchens, toilets and corridors in single story and there is no any demolition work as part of

project activities.

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FIGURE 7: SITE PLAN FOR THE WUA BUILDING IN BADKHSHAN CITY

F. GRIEVANCE REDRESS MECHANISM

45. Complaints consideration procedures aim to provide an effective and systematic mechanism for

the Project in responding to queries, feedbacks and complaints from affected persons, other key

stakeholders and the general public.

Levels and Procedure for Grievance Redress

46. The Grievance Redress Mechanism (GRM) was established and coordinates communicated the

people living or working in the areas impacted by the project activities through consultations. Any

person impacted by or concerned about the project activities has the right to participate in the

GRM, should have the easy access to it, and be encouraged to use it. The proposed GRM does

not replace the public mechanisms of complaint and conflict resolution envisaged by the legal

system of the Afghanistan, but attempts to minimize use of it to the extent possible.

47. A Grievance Redress Committee (GRC) will receive and facilitate the resolution of affected

peoples’ concerns, complaints, and grievances about the project’s LAR performance. As already mentioned GRC does not possess any legal mandate or authority to resolve LAR issues, rather

acts as an advisory body or facilitate to try to resolve issues, for example, relating to value of

compensation for affected properties.

Proposed Measures to Address Grievance:

48. Grievance registration: Any aggrieved AP will first produce his/her complain/grievance in

writing to the Convener of the GRC. Upon receipt of complaint(s), the Convener will organize a

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GRC hearing session in his/her office within 15 days for resolution of the grievance(s), and

preserve all related records, proceedings, decision and recommendations.

49. Feedback provision: Receipt of grievances lodged in person or via phone will be acknowledged

immediately. Receipt of grievances received through a letter or e-mail or acknowledged through

a letter / e-mail / fax within 3 working days upon receipt by GRC coordinator at local level. In

case the grievance is not related to project activities or impacts generated due to the project

implementation and cannot be considered, the feedback will be provided to the complaining

party specifying to which entity (community or department as relevant) it has been forwarded.

50. If the Committee decision is unacceptable to the APs, they can register the complaint directly to

the PMO at Kabul within 1 month of receiving the response from the Committee with documents

supporting their claim.

GRM: Central Level

51. Following unsuccessful consideration of grievance by GRC complaint resolution will be

attempted at a central level through following steps.

52. Grievance processing: If the Committee decision is unacceptable to the APs, they can register

the complaint directly to the PMO at Kabul within 1 month of receiving the response from the

District Committee with documents supporting their claim. The PMO will then attempt to resolve

the grievance within 15 days and inform the APs.

53. Feedback provision: If the grievance was resolved, the complaining party will be informed on the

outcome of grievance resolution. If grievance was not resolved by the GRC at central level,

appropriate information will be provided to the complaining party, including details why the case

was not resolved.

54. Should all the above three levels of grievance redress system fail to satisfy the AP, he/she may

approach the appropriate court of law for its resolution. The AP will be facilitated in this process

by the INGO and SST.

Grievance Focal Points

Project Management Office:

Mujeebullah Ahmadzai

Environmental and Social Safeguard Specialist

Water Resource Development Investment Program

Ministry of Energy and Water

Mobile:(+93)766-388-242

Email: [email protected]

Disclosure of the Grievance Process

55. Grievance redress mechanism will continue to be disclosed to the public throughout the project

duration, e.g., via the ADB website, and via discussions between PIO staff and stakeholders.

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G. INSTITUTIONAL IMPLEMENTATION, MONITORING AND REPORTING

ARRANGEMENTS

56. The Executing Agency for the Project is the Ministry of Finance (MOF) and the Implementation

Agency is Ministry of Energy and Water. MEW is responsible to oversee the implementation of

Output 1 through the existing WRDIP PMO in Kabul in the MEW main office.

57. This PMO is part of an overall ADB PMO responsible for all ADB projects and programs

implemented by the Ministry. Also, for implementation of Output 1 a PIO for basin-level activities

in the river basin agency (RBA) in Kunduz and Taloqan, embedded within the RBA office to

avoid setting up a parallel structure and to strengthen government institutional capacity.

58. With respect to the Project Management, PMO and PIOs of MEW have been established and

staffed.

59. To meet ADB safeguard requirements the PMO will engaged a full time Environmental and

social Safeguard specialist who is in charge for the Project’s environmental and social performance related to construction / rehabilitation activities.

60. Safeguard specialist is responsible to ensure timely submission of semi-annual (covering

January-June of each year and due by end of July the same year) or annual (covering January –

December each year and due in January of the following year) social safeguards monitoring

reports for acceptance and further disclosure.

H. SOCIAL SAFEGUARDS MITIGATION MEASURES:

61. Safeguard measures including the following should be undertaken during rehabilitation works:

(i) Measures should be taken during construction works to not affect the people in the areas used

for such purposes;

(ii) Minimize the land areas to be used temporary for construction works, storage of machines and

other equipment.

(iii) Clear marks should be installed to inform public about rehabilitation zones, with no access to

unauthorized people, with proper safety fencing especially in certain areas where there is safety

risk for people children and livestock,

(iv) Nature and timing of the works to, wherever possible, to be communicated to the workers.

(v) The contractor should not cause problem to surrounding people during the working hour as

transforming of materials.

i. SAFEGUARDS PROVISIONS IN CIVIL WORKS CONTRACTS:

62. The contractors will follow ADB’s SPS (2009) safeguards requirements and applicable laws of Afghanistan during rehabilitation works. Such references have been included in the contracts.

Appropriate provisions have been included in the contracts to ensure ADB SPS requirements

are considered by the contractors.

63. The Contractor shall have a Social Safeguards/Community and Grievance Coordinator who will

carry out safeguards monitoring, register the received grievances and facilitate resolution, and

prepare semi-annual monitoring reports on social and resettlement safeguards performance.

64. Shall the contractor need land temporary for rehabilitation works, equipment or machine storage, written lease agreement shall be signed based on the free will between the Contractor and land owners/users, following the laws of Afghanistan and principles of ADB’s SPS (2009). The EA shall review the agreement and ensure that all appropriate provisions comply with the ADB’s SPS (2009) safeguards requirements, and laws of Afghanistan. Though this shall be a mutually

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agreed process between the Contractor and land owners/users, the EA shall monitor the situation and act as a mediator if any disputes emerge.

65. As there is no safeguard provision in the contract, the contract will be amended and the safeguard provision will be added.

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ANNEXES

Annex1: List of MEW, WUA/CDC members and Project Benificiaries Consulted

S.N Name Designation Organization

1 Mr. Faiez Rahman ”Azizi” Head of Water Resources

Department

MEW

2 Mr. Waissudin Rahimi, Deputy Project Director,

WRDIP/MEW

MEW

3 Mr. Fardin Azimi, Project Director, WRDIP/MEW MEW

4 Eng. Ezatullah ”Zadran” PIO manager Kunduz MEW

5 Eng. M-Naim ”Nawabi” PARB manager MEW

6 Eng. Abdul Basir ”Rahimi” Panj Pain River Basin manager MEW

7 Eng. M. Rafi ”Bahman” Kokcha River Basin manager MEW

8 Eng. M. Salim ”Akbar” Taloqan River Basin mangaer MEW

9 Taqi village canal Member CDC

10 Ebadullah village canal Member CDC

11 Khwaja Boyak village canal Member CDC

12 Kobayee village canal Member CDC

13 Abdul Wodood Benificiary Community

14 Aynudin Benificiary Community

15 Noor Ahmad Benificiary Community

16 Muhammadi Benificiary Community

17 Tash Muhammad Benificiary Community

18 Niaz Muhammad Benificiary Community

19 Abdul Hay Benificiary Community

20 Hamdullah Benificiary Community

21 Imamudin Benificiary Community

22 Abdul Rahim Benificiary Community

23 Amanullah Benificiary Community

24 Jamaludin Benificiary Community

25 Mir Ahmad Benificiary Community

26 Fayz Muhammad Benificiary Community

27 Noor Muhammad Benificiary Community

28 Habibullah Benificiary Community

29 Samiullah Benificiary Community

30 Esar Ahmad Benificiary Community

31 Nazir Ahmad Benificiary Community

32 Qand Agha Benificiary Community

33 Niamatullah Benificiary Community

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Annex 2: Minutes of Meeting with Project beneficiaries:

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Annex 2.1: Minutes of Meeting