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Internal Monitoring Report on the Land Acquisition and Resettlement Plan
December 2012
KAZ: CAREC Transport Corridor 1 (Zhambyl Oblast
Section) Investment Program-Tranche 4
Prepared by Committee of Roads of Ministry of Transport and Communications for the Republic
of Kazakhstan and the Asian Development Bank.
CONSTRUCTION SUPERVISION CONSULTANT (CSP-7)
Joint Venture
INTERNAL MONITORING REPORT
Contract L2735-KAZ: MFF CAREC
Transport Corridor I Investment Programme,
Project 4 (Aspara – Blagoveshenka)
DECEMBER 2012
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TABLE OF CONTENTS List of Abbreviations
Glossary & Terms
Chapter 1 INTRODUCTION
1.1 General
1.2 Project Background
1.3 Project Location & Activities
1.4 Geographic Features of Project Area
1.5 Objective and Coverage of the Monitoring Report
1.6 Methodology Followed for Monitoring
Chapter 2 OVERVIEW OF THE LARP
2.1 Impact of land Acquisition for Project-4
2.2 Policy on Land Acquisition
2.3 Land Acquisition Process
.4 Budget Financing
Chapter 3 LAND ACQUISITION AND COMPENSATION PAYMENT STATUS
3.1 Fulfillment of LARP conditionality
3.2 Delivery of Current Compensation payment Status
3.2.1 Privately Owned Land
3.2.2 Leased ands
3.2.3. Labor Maintenance
3.2.5 Compensation related to Land Development and Obligations to Third Parties Additional 3.2.6 Additional Compensation for Severely affected Households
3.2.6 Additional Compensation for Severely affected
Households
3.2.7 Compensation for affected structures
3.2.8 Compensation for business losses
3.2.9 Vulnerable Households
3.2.10 Temporary Land Acquisition and Compensation Status
Chapter 4 MONITORING OF LABOR’S & EMPLOYEE’S ISSUES ENGAGED FOR THE PROJECT WORKS
4.1 General
4.2 Monitoring Process
4.3 Key Findings of the Monitoring
Chapter 5 CONSULTATION AND FEEDBACK
5.1. Consultation Process
5.2 Major Findings of Social Issues & Concern of APs & Local People
Chapter-6 CONCLUSION
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ABBREVIATIONS
ADB Asian Development Bank AP Affected Person CAREC Central Asia Regional Economic Cooperation CoR Committee of Roads CSC Construction Supervision Consultant EA Executing Agency EMA External Monitoring Agency GosNPTsZem Land State Scientific and Production Center for Land Management ha Hectare hh Household IDB Islamic Development Bank IFIs International Financial Institutions KCC KECC LAR
Korean Construction Company Korean Engineering Consultants Corporation Land Acquisition and Resettlement
LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LE Legal entity MFF Multi-tranche Financing Facility MOTC Ministry of Transport and Communication PMC-ADB Project Management Consultants-ADB RD Roads Department RK Republic of Kazakhstan ROW Right of Way SPS Safeguard Policy Statement TPV Third Party Validation TSA Targeted Social Assistance
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GLOSSARY & TERMS
Affected Person People, households, or legal entities affected by project related changes in use of land, water, natural resources, or income losses.
Compensation Payment in cash or kind to which the affected people are entitled in order to replace the lost asset, resource or income.
Cut-off-date Date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of APs as defined by the census.
Encroachers People who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project or persons who have trespassed onto government land, adjacent to his/her own land or asset, to which he/she is not entitled, by deriving his/her livelihood there. Such act is called “Encroachment.”
Entitlement Entitlement means the range of measures comprising compensation in cash or kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base.
Household Household means all persons living and eating together as a single-family unit and eating from the same kitchen whether or not related to each other. The census used this definition and the data generated by the census forms the basis for identifying the household unit.
Income restoration Income restoration means re-establishing income sources and livelihoods of APs.
Involuntary Resettlement
Any resettlement, which does not involve willingness of the persons being adversely affected, but is forced through an instrument of law.
Land acquisition Land acquisition means the process whereby a person is compelled by a public agency to transfer all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation.
Rehabilitation Assistance provided to affected persons to supplement their income losses in order to improve, or at least achieve full restoration of, their pre-project living standards and quality of life.
Legal Entity Legally registered enterprise established by two or several individuals or companies vested with its separate property, rights and liability such as a limited liability partnership (LLP), and joint stock company (JSC). It also includes former Soviet collective farms that were privatized into collective enterprises,
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and production cooperatives.
Vulnerable household
Household that might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically a household living below the poverty line (with per capita income of KZT 6,399.6 per month)
CHAPTER-1:
INTRODUCTION
1.1 General
1. The tranche-4 project is one among the Multi-tranche Financing Facility (MFF) projects
of Asian Development Bank (ADB) for the CAREC Transport Corridor I (Zhambyl Oblast
Section) [Western Europe–Western People's Republic of China International Transit Corridor]
Investment Program. The project is under implementation by the Committee of Roads (CoR) of
the Ministry of Transport and Communications (MOTC) within Zhambyl Oblast of the Republic of
Kazakhstan. The Project is upgradding about 49 km road on the Almaty-Taraz highway from
Aspara to Blagoveshchenka (Km 261.5 – Km 310.5) from technical Category-II into a
Category-IB paved road. Project 4 of the CAREC Transport Corridor I within Kazakhstan
territory will contribute to sustainable economic growth by stimulating transit traffic, promoting
trade, and strengthening regional cooperation. The project also is expecting to provide efficient
transport network facilities in Zhambyl Oblast in particular and within the country in general.
The primary output is to up gradation of a 49 km road from category-II to category-IB between
km 261.5 and km 310.5 section from existing two-lane to four lanes of Category IB within the
existing right-of-way.
2. A Land Acquisition and Resettlement Plan (LARP) for the Affected People (AP) due to
development interventions for this road section were originally prepared during detail design in
2009 and afterwards, it was updated in 2011 because of certain changes in design. This LARP
is now under implementation by the Zhambyl Oblast CoR. However, as per requirement of
ADB, an internal Monitoring for this Land Acquisition and Resettlement Plan (LARP)
implementation is mandatory. Accordingly, the LARP implementation has been monitored and
a draft(interim) internal LARP monitoring report has been prepared in December, 2012 for this
project-4 by the Social Development Specialists (international & National) of the Construction
Supervision Consultant (Kocks Consult GMbH). This monitoring report has been prepared
based on the issues and actions defined in the final LARP that was prepared and issued in
August 2011 by the Committee of Roads (CoR) of the Ministry of Transport and Communications
(MOTC) in compliance with the Land Acquisition and Resettlement Framework (LARF) agreed
between the Government of Kazakhstan and ADB and relevant Kazakhstan laws.
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1.2 Project Background
3. The Asian Development Bank (ADB) has agreed to provide the Kazakhstan Government
up to $700 million within several ‘Tranches’ (meaning the value and other financial aspects) or
‘Projects’ (meaning the technical/physical outputs from each tranche) for implementing ‘Republic of
Kazakhstan: Asian Development Bank (ADB) Multi-tranche Financing Facility (MFF) for the
CAREC Transport Corridor I (Zhambyl Oblast Section) [Western Europe–Western People's
Republic of China International Transit Corridor] Investment Program. The Program involves
the rehabilitation, upgrading/improvement and new construction of several roads along the
Western Europe-Western China Transit Corridor and financing divided in several tranches. Under
this program, Poject-4 covers the rehabilitation and upgrading of Km 261.5 – Km 310.5 (Aspara
to Blagoveshchenka) involves replacement of the existing two-lane road by a four-lane road of
category I-B standard.
4. Civil Construction Contracts for the work have been awarded to KCC and work was
commenced in May 2012 with completion expected by April 2014. Kocks Consult GMbH in
association with Quality Planning, Uzbekistan, KECC, Korea, Almaty Joba employed by MOTC
as Construction Supervision Consultant (CSC) and mobilized in July 2012. The construction
contract with KCC was signed in February 2012 between the Employer and the Contractor and
official commencement date for construction determined to be 22nd May 2012. However the
contract between the Consultant and Employer was signed only on the 25th June 2012 and the
commencement date for the Consultancy Services was 22nd July 2012. Nevertheless, the
Consultant, Kocks Consult GMbH with partner firms, started mobilization to the site from the
beginning of July 2012. In the meantime some works had been carried out already by the
Contractor as early as February 2012 for Aspara to Blagoveshchenka Road Project. Prior to
the mobilization of the Consultant the Employer was supervising the works at site. It may be
mentioned here that as per ADB policy, full implementation of the compensation program
described in the LARP including full delivery of compensation is a requirement for the initiation
of civil works.
1.3 Project Location & Activities 5. This ‘Tranche/Project-4’ covers road reconstruction/construction activities that are being
carriedout in the road section between Km 261.5-310.5 (Km 260-305 of the existing road
stationing) of the Almaty-Taraz highway. It commences approximately 1km west of the
“Blagoveshenka-Korday Road”,(from the end of Lot 2 of Tranche/Project 2), and connects to
the end of Lot 1 of Tranche/Project 2 at Km 305/310, approximately 50 kms from Merke Town.
The road section is located covering the Shu and Merke rayons of Zhambyl region.
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6. Construction works on the section Km 261.5-310.5 involves replacement of the existing
two-lane road by a four-lane road of category I-B standard. The route runs for 30 km along the
existing road and 17.9 km in a new direction to bypass the two salients of territory of the Kyrgyz
Republic in two places. This required an expansion of the existing 40-m ROW to 70m where
the road will pass through the existing road and land allotment width of 70m where the road
runs on new alignment. Two cattle underpasses of 4 x 2.5 m size for safe passage of cattle
under the roadway has been built on the section Km 266 and Km 306 and one more cattle
pass along with the provision of carry agriculture equipment and crops are planning to
construct in an around Shu Bridge in compliance to the local demand. The project road is
shown in the figure below:
Figure 1: Location of the Project Road
7. All these road construction and improvement works required considerable amount of
permanent land acquisition and resettlement before construction. There were some other
temporary effects particularly in connection to land acquisition during construction period
which were mitigated/taken care by the contractors.
1.4 Geographic Features of Project Area 8. The road traverses vegetated drainage channels that flow intermittently during
infrequent periods of heavy rainfall (isolated storms). There are no permanent flowing streams
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on this road section. The existing road corridor has an occasional tree lined shelter belt on
either side of the road (of various degrees of thickness) that provides a wind break and snow
barrier for the road. In many cases these are the only trees available as most land has been
cleared for cropping or by nature is only grassed. Most of the road is bordered by flat / slightly
undulating ground that has light to moderate grass cover or cropped land. The road passes
mostly over the arable lands along some small villages where widening of the corridor
impacted on local persons arable lands only.
9. The land relief along the project road can be generally described as slightly inclined
alluvial-proluvial flatland with some areas of rigidly undulating and with rigid-valley formed by
loess and silty-clay soil. The reconstructed alignment crosses the Shu River delta. Within this
region a number of Shu River tributaries are crossed necessitating waterway infrastructures
such as bridges and culverts. Natural vegetation follows the floodplain of the Shu River
tributaries and mostly consists of feather grass, fescue, anabases salsa, rare ephemera, black
saxaul and willow. The fauna is represented by wild rams, roe, hare, pheasants and partridges.
10. The local climate is abrupt continental dry, with hot summer and moderately to very cold
winter. Spring seasons is short and warm with frost still occurring in late months of May, while
the autumn is dry and warm. Frost free conditions lasts to around 5-6 months within a normal
year.
11. Shu region has population of around 93,000 with Shu as the center. Merke region has
population of around 71,900 concentrated mainly in Merke. It is anticipated that the road
improvement project will enhance transport of fish, farm products and livestock in these regions
and facilitate the delivery of cargoes to these centers with a considerable improvement in
socioeconomic condition of the people of this region through increasing income and
employment.
1.5 Objective and Coverage of the Monitoring Report 12. The major objective of this internal monitoring report is to analyze the implementation
status and completion of the Land Acquisition and Resettlement Plan (LARP) implementation
for this road section. The objectives of the internal monitoring report are to:
a. verify status of resettlement implemention for the project that complies with
the approved framework and resettlement plan:
b. verify status of up dated compensation payment to APs;
c. verify implication of grievance redress mechanism to solve AP’s grievances &
status of grievances received from the APs/local people so far and
d. verify that APs have been able to at least restore their livelihood and living
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standards.
13. The present report reflects current situation with land acquisition and related issues, as
well as opinions of APs, whose interests and rights have been affected in this process. Moreover,
the report summarizes and describes the current status of the Permanent Land Acquisition
process including completed issues, payment status, outstanding issues and feedback from the
APs.
14. However, temporary Land Acquisition required for the construction purposes e.g. for
establishment of site offices, stockyards & wire houses for storing construction materials &
equipments though has been managed through the Civil Construction Contracts with
compensation being paid at current commercial rates for the period that temporary acquisition
of the land is required. This issue also has been monitored under the current program.
1.6 Methodology Followed under Monitoring Program 15. At this stage of project implementation, monitoring has been conducted in the months
of November & December 2012 by the Social Development Specialists (International & local)
of the construction supervision consultant Kocks Consult GMbH & Associates with assistance
from the Zhambyl Oblast Road Department, Contractors and Project Management Consultant
(PMC).
16. The monitoring has been conducted through holding consultations/meetings with the
concerned officials of Road Department, Rayon Akimats, Contractor (KCC), contractors &
sub contractors, road side villages/ community people and interviews of the APs. The
monitoring was conducted based on Land Acquisition and Resettlement Plan and collecting
information on compensation paid to APs so far by the Zhambyl Obast Department of CoR,
MOTC, and feed back/data through consultations and interviews with the affected & beneficiary
people of the community and other stake holders of the project. Moreover, monitoring also
covered different social concern, e.g. opinions, grievances.
17. The following procedures have been followed during monitoring of resettlement plan implementation:
Analyzing LARP, procedures of entitlement, compensation payments processes, and agreed ADB’s Social safeguard & Resettlement Policy and LARF;
Collecting up to date records of data/information on compensation payment to APs against their entitlement by types of compensation for each individual APs from CoR;
Conducting consultation/meetings with different stakeholders of the project including project affected & project beneficiaries and contractors staffs/workers employed for road construction works;
Conducting monitoring of temporary land acquisition procedures and terms & conditions; Conducting consultations and interviews/surveys with the APs to assess their level of
satisfaction with type and amount of compensations;
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Assessing APs current living standard and socioeconomic condition compared to pre-project level.
CHAPTER-2.:
OVERVIEW OF THE LARP
2.1 Impact of land Acquisition for the Road Section km. 261.5-310.5 18. The current LARP was updated and finalized in August 2011, where a total of 320
numbers of populations found affected associated with 54 households. In addition to 54
affected households, 4 legal entities with their land plots and one legal entity with privately
owned commercial land also were identified as affected parties. With respect to permanent
land acquisition, the survey identified 174 hectares of land required permanent acquisition. In
sum the total road development for this section has caused permanent acquisition of 174
hectares of land affecting 54 households, and 5 legal entities that experienced various losses
due to the project. Summary of the land acquisition impacts for this road section furnished in
Table-2.1 below.
Table-2.1: Number of Affected Households / Entities for the road section Km 261.5 to 310.5 as of LARP, August 2011
Land category Land to be acquired
permanently (in hectares)
Number of Affected
Households/LE
Total population
A. Affected Households
Arable land 125.66 54 h/h 320
Commercial land 0 0
Residential land 0 0
Sub total A 125.66 54 h/h 320
B. Legal Entities
Arable land 48.21 4 LE -
Commercial land 0.13 1 LE - Sub total B 48.34 5 LE -
Total (A and B) 174 59 320
Table-2.2 : Affected land by type of ownership/tenure status of affected households/ legal entities (km 261.5-310.5 ) as of LARP, August 2011)
Land category Land to be acquired
permanently (in hectares)
Ownership/Tenurial Status
Number of Affected
Households/LE
A. Affected
Households
Arable land 125.66 Short & long term lease
54
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Commercial land 0 0
Residential land 0 0 Sub total A 125.66 54 h/h
B. Legal Entities
Arable land 48.21 Short & long term lease
4
Commercial land 0.13 Privately owned
1
Sub total B 48.34 5 LE
Total (A and B) 174 59
2.2 Policy on Land Acquisition
19. The Government of Kazakhstan and ADB has agreed the following Land Acquisition &
Resettlement Compensation Framework that is to be applied for the Affected Persons (AP’s).
The framework combines Kazakhstan legal requirement and the ADB Policy on resettlement
and land acquisition to ensure that AP’s are properly compensated for losses they incur as a
result of the project. The compensation entitlement matrix for the project stated in table-2.3
below.
Table-2.3: Compensation Entitlements of AP’s under LARP Framework
Asset Specifications AP Compensation Entitlements
Permanent Loss
Arable Land
All Land Losses irrespective of severity of impact
Owners: None
Cash compensation at replacement cost (without deduction of depreciation, taxes and other transaction costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible.
Leaseholders of state land ( short term / long term): 54 Households 3 Legal Entities
Cash compensation1 for recovery of leased
government land, or, renewed lease in an alternative plot
Severe Impact—>more than 10% of income/productive land lost
Owners, leaseholders of State land: 1 Households of long term leased land
Additional cash compensation equal to market value of one year crop harvest (based on a 3-year average) and agricultural subsidies for 2 crop-years
Commer-cial Lands
Owners : 1 Legal Entity
Cash compensation at replacement cost (without deduction of depreciation, taxes and other transaction costs) or through replacement land equal in value/productivity to the plot lost and at location acceptable to DPs where feasible.
Squatters (if any): None
Leased plot on State land;
Self-relocation cash allowance option;.
Buildings and Structures
Owners of permanent structures: 1 Legal Entity
Compensation of full market value (without deduction of depreciation, taxes and other transaction costs) or, at the owner option, house for house swap
Crops Crops affected All APs including squatters :
Crop compensation in cash at full market rate for 1 year crop harvest (based on a 3-year average)
1 Based on the base payment rates provided for under Resolution 890 (revised 7 November 2008)
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Asset Specifications AP Compensation Entitlements
54 Households 3 Legal Entities
Business and employ ment
Temporary or permanent business/ employment loss
All APs including squatters and workers of alienable enterprises : 141 labor
Owner of shops/commercial establishments: if permanent loss, cash compensation equal to one year income (lost profits); if temporary, cash compensation for the period of income loss taking into account the compensation to workers for lost job (forced interruption) due to complete or temporary business cancellation – amounting up to 3-months average wages
Owner of peasant farm: allowance for labor maintenance
Resettle ment
Transport and transitional livelihood costs
All resettled APs : 1 Legal Entity:
Allowance sufficient to cover transport expenses and livelihood expenses for one month due to relocation.
Vulnerable house holds
hhs below the poverty line: None
Cash assistance.
Priority in local employment for members of vulnerable household.
Temporary Loss
Lands for construct ion sites and burrow pits
Owners (private or public): Private: Government:
Cash compensation at local commercial rental rates for duration of use;
Land restored to original status at the end of rental.
2.3 Land Acquisition Process
20. The MOTC has established a special Unit is the Zhambyl Oblast Department (Taraz) to
handle and manage land acquisition issues. Valuation of affected lands (including
supplementary valuation for leased lands as per Kazakhstan Government’s regulation 890) &
properties for this tranche-4 were done by a licensed valuator commissioned by the Design
Firm, on the basis of legend of affected lands, developed by Zhambyl Department of “Land
State Scientific and Production Center for Land Management” – subsidiary of State Enterprise
of “Land State Scientific and Production Center for Land Management”.
……….
2.4 Budget Financing 21. The Committee of Roads (CoR) is responsible to manage and provide funds for all land
acquisition costs associated with the implementation of the LARP. A tentative budget regarding
compensation cost of the DPs included in the LARP which is outlined below. This
compensation cost has been calculated based on the official valuation reports of the Zhambyl
Oblast Road department conducted by the licensed evaluators engaged by the Department of
Roads. The total cost was estimated KZT 26,230,611.00 for all LARP implementation activities
including contingency cost (see table 2.4).
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Table-2.4: Land acquisition and resettlement budget
Particulars/Items Number of HHs & Les
Quantity Estimated Budget (KZT)
1 Compensation for land
a. privately owned b. leased
1 LE 54 HHs and 4 LEs
0.13 ha. 173.87 ha.
14,125,500.00 1,828,075.00
2 Compensation for crops and perennials
54 HHs and 4 LEs 173.87 ha. 2,345,900.00
3 Compensation for structures
1 LE 67.9 sqm 759,630.00
4 Severe impact cash allowance (losing more than 10% of total productive agricultural land)
1 HH
3.72 ha. 35,786.00
5 Agricultural subsidies and micro credit for livelihood restoration for severely affected DPs
1 HH
3.72 ha 211,000.00
6 One-time cash allowance for labor maintenance
26 HH+ 3 LEs that employ agriculture
workers
141 290,119.00
7 Compensation for early credit payment
0 0 0
8 Compensation for plot development expenses
0 0 0
9 Compensation for potential business profit losses
0 0 0
10 Vulnerable Persons 0
11 LAR Administration/ Implementation including internal monitoring by CR/PMC
3,500,000.00
12 External Monitoring 750,000.00
13 Total 23,846,010.00
14 Contingencies (10%) 2,384,601.00
15 Total + Contingencies 26,230,611.00
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CHAPTER-3:
LAND ACQUISITION AND COMPENSATION PAYMENT STATUS 3.1 Fulfillment of LARP conditionality 22. Fulfillment of LARP conditionality status is as follows:
a) The LARP was approved by MOTC and ADB in the last quarter of 2011 and posted in
ADB & MOTC website.
b) Full disclosure of the LARP to the public in local language has been made.
c) Full implementation of the compensation program described in the LARP including full
delivery of compensations not yet completed and expected to be completed in 2013.
3.2 Delivery of Current Compensation Status 23. The current status of compensation payment for all types of losses due to land
acquisition has been stated below under different subsections separately for each type of
losses as per information and data provided by the road department. However, the
compensation payment status for the temporary land acquisition has been furnished following
the information and data provided by the KCC the contractor for this project-4.
3.2.1 Privately Owned Land
24. As per LARP, privately owned land shall be compensated cash based compensation at
replacement cost (without deduction of depreciation, taxes and other transaction costs) or
through replacement land equal in value/productivity to the plot lost and at location acceptable
to DPs where feasible. Only one legal entity affected with 013 hectare of privately owned land
and has already been paid his due compensation for the acquired land amounting KZT.
14,125,500.00.
Table-3.1: Compensation Status of the privately Owned Land
Name of AP Land area
acquired
Compensation
Amount payable
Status of
payment
Remarks
Ind,Entr, Gochiyayev Nazbi (Arna Petroleum)
0.13 Hectare 14,125,500.00 Paid
3.2.2 Current Compensation Status of Acquired Leased Lands 25. Land leased by 54 households and 4 legal entities for agriculture purposes were valued
in terms of their one year net income from harvest (based on 3 year average). Accordingly, the
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total leased value KZT. 1828,075 estimated for compensating the 54 lease holding households
and 4 legal entities.
The compensation amount estimated for the acquired leased lands furnished below for each
individual APs.
Table-3.2: Status of Compensation Payment for Leased Land.
Sl. No
Name of AP Cadastral # Acquired area (in ha)
Compensation amount estimated (KZT)
Compensation Amount paid (KZT)
If not, reason
1 H-d Duysekbayev Nugman
090-052 0.36 5,247.00
5,247.00
paid
090-051 0.16 2,696.00 2,696.00 paid 2 H-d Shalayev Asker 090-035 4.06 31,012.00 31,012.00 paid
090-033 1.06 8,904.00 8,904.00 paid
3 H-d Nurgozhayev Bolat
090-044 3.18 46,584.00
46,584.00 paid
090-042 0.64 11,372.00 11,372.00 paid
4 H-d Kazanatov Kentay
090-081 3.72 31,248.00
31,248.00 paid
5 H-d Myktybayev Nurtaza
090-128 4.97 48,731.00
48,731.00 paid
090-126 0.27 4,781.00 4,781.00 paid 090-127 0.08 1,417.00 1,417.00 paid
6 H-d Sadyrbayev Kenesbek
090-116 9.93 70,069.00
70,069.00 paid
090-041 1.35 8,581.00 8,581.00 paid
7 H-d Moldabayev Tulehan
090-049 0.55 4,620.00
4,620.00 paid
8 H-d Kusainova Uyat 090-103 0.37 6,453.00 6,453.00 paid 9 H-d Nurbekov Kanat 090-097 0.69 12,034.00 12,034.00 paid
10 H-d Abikeev Bahythan
090-106 0.24 4,204.00
4,204.00 paid
11 H-d Bozaybayev Ahmetzhan
090-091 0.43 7,540.00
7,540.00 paid
12 LLP "APK Balasagun"
090-119 0.96 16,863.00
16,863.00 paid
088-058 16.42 122,480.00 122,480.00 paid
13 H-d Itekeeva Zhumatan
090-070 1.09 20,405.00
20,405.00 paid
14 H-d Malibekov Kakimzhan
088-061 0.12 2,246.00
2,246.00 paid
15 H-d Agybayev Daulet
088-011 1.17 21,902.00
21,902.00 paid
16
H-d Izbasarov Ryskeldi 088-028 0.13
2,434.00 2,434.00
17 H-d Kokimov Samat 088-033 2.59 48,485.00 48,485.00 paid 088-034 0.18 1,161.00 1,161.00 paid
18 H-d Suleimankulov Bahytzhan
090-001 0.53 3,419.00
3,419.00 paid
088-066 0.56 2,710.00 2,710.00 paid 088-065 1.83 11,396.00 11,396.00 paid
19 H-d Sarsenbayev Baimahanbet
088-035 0.88 2,838.00
2,838.00 paid
088-032 2.38 35,643.00 35,643.00 paid
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20 H-d Olzhabayev Rysaldy
088-025 2.57 38,488.00
38,488.00 paid
21 H-d Boshanbekov Bagdat
088-136 3.73 28,846.00
28,846.00 paid
22 H-d Zhilkibayeva Kymbatkul
088-125 1.37 8,792.00
8,792.00 paid
23 H-d Kaliyev Amantay 088-103 15.97 98,554.00 98,554.00 paid
24 H-d Leongardt Vladimir
042-094 26.5 270,417.00
270,417.00 paid
25 LLP "Avtozhukkolik" 042-095 2.21 31,580.00 31,580.00 paid
26 LLP "Kazexim-Kenes"
069-047 5.22 57,165.00
57,165.00 paid
069-044 2.31 28,238.00 28,238.00 paid 069-052 1.8 23,643.00 23,643.00 paid 069-053 1.39 18,258.00 18,258.00 paid 069-054 0.46 6,042.00 6,042.00 paid 068-211 1.36 15,276.00 15,276.00 paid 068-210 0.75 12,519.00 12,519.00 paid 068-209 0.9 14,882.00 14,882.00 paid
27 H-d Kuttykadamov Eraly
069-021 3.6 13,507.00
13,507.00 paid
068-037 2.31 16,765.00 16,765.00 paid
28 H-d Sansybay Zautbek
069-061 1.19 8,930.00
20,269.00 Trial is in the
process
069-058 0.79 10,352.00
3,936.00 Trial is in the
process
069- 060 0.61 4,577.00
3, 840.00 Trial is in the
process
29 H-d Ryskulov Toktarbay
069-037 0.42 3,152.00
3,152.00
paid 30 H-d Nurlybekov Adil 069-031 0.47 3,527.00 3,527.00 paid 31 H-d Sydykov Manat 069-063 1.68 22,015.00 22,015.00 paid 068-282 0.23 1,669.00 1,669.00 paid
32 H-d Begasilov Zhumash
069-008 1.74 12,006.00
12,006.00 paid
33 H-d Yerketayeva Karlygash
069-067 0.26 3,407.00
3,407.00 paid
34 H-d Omiserikov Toktar
069-017 0.08 1,048.00
1,048.00 paid
35 H-d Toleushev Merkistan
069-006 0.14 1,835.00
1,835.00 paid
069-005 1.06 4,986.00 4,986.00 paid
36 H-d Kosayev Muratbek
069-016 1.82 11,446.00
11,446.00 paid
069-015 0.15 1,638.00 1,638.00 paid
37 H-d Zhaylaubayeva Maken
069-014 0.19 1,195.00
1,195.00 paid
38 H-d Kayralapov Alpysbay
069-013 0.77 4,842.00
4,842.00 paid
39 H-d Rahyshov Muhit 069-027 0.25 1,572.00 1,572.00 paid 068-098 0.18 1,966.00 1,966.00 paid 068-308 0.26 2,839.00 2,839.00 paid 40 H-d Imankulov Gani 069-010 1.76 11,068.00 11,068.00 paid 41 H-d Abirova Sara 069-050 0.42 2,898.00 2,898.00 paid
42 H-d Akimbayev Nurzhan
068-051 0.64 4,416.00
4,416.00 paid
43 H-d Auganbayev Zhumabek
068-189 0.38 4,150.00
4,150.00 paid
44 H-d Shanauiv Shunke
068-30 0.22 2,402.00
2,402.00 paid
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45 H-d Barimbekov Nauryzhan
068-284 0.17 1,856.00
1,856.00 paid
46 H-d Tyulendiyeva Kumys
068-292 0.94 6,822.00
6,822.00 paid
068-291 0.92 6,677.00 6,677.00 paid
47 H-d Raiymhanov Sovet
068-237 0.21 1,524.00
1,524.00 paid
48 H-d Abdualiyev Askar
068-049 0.46 3,338.00
3,338.00 paid
49 H-d Ahauov Kuanyshbek
068-186 0.19 1,596.00
1,596.00 paid
50 H-d Shinasilov Amantay
068-010 0.83 6,972.00
6,972.00 paid
51 H-d Abdiyev Bolyshan
068-081 0.63 5,292.00
5,292.00 paid
52 H-d Alimshiyev Dihan
068-146 1.13 9,492.00
9,492.00 paid
53 H-d Ahmetzhanov Azimhan
068-074 0.54 4,536.00
4,536.00 paid
54 H-d Tayzhanov Seysenbay
068-115 0.98 6,399.00
6,399.00 paid
55 H-d Katekov Karakoyshy
068-273 1.19 9,996.00
9,996.00 paid
56 H-d Panabekov Alimhan
068-295 0.6 3,918.00
3,918.00 paid
57 H-d Ahmetov Serik 068-076 1.59 10,382.00 10,382.00 paid
58 LLP "Sypatay-Batyr" Shaihiyev K,
048-020 14.43 340,892.00
340,892,00 paid
Total 173.87 1,828,075.00
1,832,261.00 -
paid
3.2.3 Status of Compensation to Crop Loss for Leased Lands 26. Land leased by 54 households and 4 legal entities were cultivating different types of
crops on the leased land. So, they are also entitled to get crop compensation for crop loss in
cash at full market rate for 1 year crop harvest (based on a 3-year average) as stated in the
LARP. Accordingly, the total value of crop compensation has been estimated at KZT.
3,004,043.00 for compensating the 54 lease holding households and 4 legal entities. Up to
November 2012, 40 households and 4 legal entities received total compensation for crop loss
amounting KZT. 2908,486 which reveal that about 96.8% payment has been made out the total
crop compensation. However, 14 APs amounting total KZT. 65,464.00 did not receive their
compensation money. Out of the 14 APs, one of them was not satisfied with the compensation
amount offered by the CoR and he filed a case in the court for decision. Remaining 13 APs
surrendered their land to the state without compensation. Please see up-to-date payment
status of APs against their name for the crop loss below in table 3.3 below.
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3004,043 2908,486
Table- 3.3: Crop Compensation for agricultural lands of the APs
Sl.
N
o
Name of AP Cadastral
#
Acquired
area (in
ha)
Crop loss
Compensation
amount estimate
for crop loss
(KZT)
Compensatio
n amount
paid (KZT) If not reason
1
H-d
Duysekbayev
Nugman
090-052 0.36 Hay 1,732.00 1,732.00 Paid
090-051 0.16 Wheat 3,542.00 3,542.00 Paid
2 H-d Shalayev
Asker 090-035 4.06 Hay 39,057.00 39,057.00 Paid
090-033 1.06 Hay 5,099.00 5,099.00 Paid
3
H-d
Nurgozhayev
Bolat
090-044 3.18 Hay 30,592.00 30,592.00 Paid
090-042 0.64 Wheat 14,168.00 14,168.00 Paid
4
H-d Kazanatov
Kentay 090-081 3.72 Hay 35,786.00 35,786.00 Paid
5
H-d
Myktybayev
Nurtaza
090-128 4.97 Hay 23,906.00 23,906.00 Paid
090-126 0.27 Hay 5,977.00 5,977.00 Paid
090-127 0.08 Wheat 1,771.00 1,771.00 Paid
6
H-d
Sadyrbayev
Kenesbek
090-116 9.93 Wheat/ha
y 67,343.00 67,343.00 Paid
090-041 1.35 Hay 6,494.00 6,494.00 Paid
7
H-d
Moldabayev
Tulehan
090-049 0.55 Hay 2,646.00
No
Land
surrendered to
state without
compensation
8
H-d Kusainova
Uyat 090-103 0.37 Wheat 8,191.00 8,191.00 Paid
9
H-d Nurbekov
Kanat 090-097 0.69 Wheat 15,275.00 15,275.00 Paid
10
H-d Abikeev
Bahythan 090-106 0.24 Wheat 5,313.00 5,313.00 Paid
11
H-d
Bozaybayev
Ahmetzhan
090-091 0.43 Wheat 9,519.00 9,519.00 Paid
12
LLP "APK
Balasagun" 090-119 0.96 Wheat 21,252.00 21,252.00 Paid
088-058 16.42 Hay 78,980.00 78,980.00 Paid
13
H-d Itekeeva
Zhumatan 090-070 1.09 Wheat 24,130.00 24,130.00 Paid
14
H-d Malibekov
Kakimzhan 088-061 0.12 Wheat 2,656.00
No
Land
surrendered to
state without
compensation
15
H-d Agybayev
Daulet 088-011 1.17 Wheat 25,901.00
No
Land
surrendered to
state without
compensation
16 H-d Izbasarov 088-028 0.13 Wheat 2,878.00 Land
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Ryskeldi No surrendered to
state without
compensation
17
H-d Kokimov
Samat 088-033 2.59 Wheat 57,336.00 57,336.00 Paid
088-034 0.18 Hay 866.00 866.00 Paid
18
H-d
Suleimankulov
Bahytzhan
090-001 0.53 Hay 2,549.00 2,549.00 Paid
088-066 0.56 Hay 2,694.00 2,694.00 Paid
088-065 1.83 Hay 8,802.00 8,802.00 Paid
19
H-d
Sarsenbayev
Baimahanbet
088-035 0.88 Hay 4,233.00 4,233.00 Paid
088-032 2.38 Wheat 52,687.00 52,687.00 Paid
20
H-d
Olzhabayev
Rysaldy
088-025 2.57 Wheat 56,893.00 56,893.00 Paid
21
H-d
Boshanbekov
Bagdat
088-136 3.73 Hay 17,941.00 17,941.00 Paid
22
H-d
Zhilkibayeva
Kymbatkul
088-125 1.37 Hay 6,590.00 6,590.00 Paid
23
H-d Kaliyev
Amantay 088-103 15.97 Hay 76,816.00 76,816.00 Paid
24
H-d Leongardt
Vladimir 042-094 26.5
Wheat/ha
y 446,287.00 446,287.00 Paid
25
LLP
"Avtozhukkolik
"
042-095 2.21 Wheat 48,923.00 48,923.00 Paid
26 LLP "Kazexim-
Kenes" 069-047 5.22 Wheat 267,857.00 267,857.00 Paid
069-044 2.31 Wheat/ha
y 53,660.00 53,660.00 Paid
069-052 1.8 Wheat 92,364.00 92,364.00 Paid
069-053 1.39 Wheat 71,326.00 71,326.00 Paid
069-054 0.46 Wheat 23,604.00 23,604.00 Paid
068-211 1.36 Wheat 69,786.00 69,786.00 Paid
068-210 0.75 Wheat 38,485.00 38,485.00 Paid
068-209 0.9 Wheat 46,182.00 46,182.00 Paid
27
H-d
Kuttykadamov
Eraly
069-021 3.6 Hay 23,231.00 23,231.00 Paid
068-037 2.31 Hay 7,453.00 7,453.00 Paid
28 H-d Sansybay
Zautbek 069-061 1.19 Hay 3,840.00
No Waiting for
court decision 069-058 0.79 Wheat 20,269.00
069- 060 0.61 Hay 3,936.00
29 H-d Ryskulov
Toktarbay
069-037 0.42 Hay 1,355.00
No
Land
surrendered to
state without
compensation
30
H-d
Nurlybekov
Adil
069-031 0.47 Hay 1,516.00 1,516.00 Paid
31 H-d Sydykov
Manat 069-063 1.68 Wheat 86,207.00 86,207.00 Paid
068-282 0.23 Hay 742.00 742.00 Paid
32 H-d Begasilov
Zhumash 069-008 1.74 Wheat 39,413.00 39,413.00 Paid
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33
H-d
Yerketayeva
Karlygash
069-067 0.26 Wheat 6,671.00 6,671.00 Paid
34 H-d
Omiserikov
Toktar
069-017 0.08 Barley 1,984.00
No
Land
surrendered to
state without
compensation
35 H-d Toleushev
Merkistan 069-006 0.14 Wheat 3,592.00 3,592.00 Paid
069-005 1.06 Hay 3,420.00 3,420.00 Paid
36 H-d Kosayev
Muratbek 069-016 1.82 Hay 5,872.00 5,872.00 Paid
069-015 0.15 Wheat 3,849.00 3,849.00 Paid
37 H-d
Zhaylaubayeva
Maken
069-014 0.19 Hay 613.00
No
Land
surrendered to
state without
compensation
38
H-d
Kayralapov
Alpysbay
069-013 0.77 Hay 2,484.00 2,484.00 Paid
39 H-d Rahyshov
Muhit 069-027 0.25 Hay 807.00 807.00 Paid
068-098 0.18 Wheat 4,618.00 4,618.00 Paid
068-308 0.26 Wheat 6,671.00 6,671.00 Paid
40 H-d Imankulov
Gani 069-010 1.76 Hay 5,679.00 5,679.00 Paid
41 H-d Abirova
Sara 069-050 0.42 Hay 9,274.00 9,274.00 Paid
42
H-d
Akimbayev
Nurzhan 068-051 0.64 Barley 19,089.00
No
Land
surrendered to
state without
compensation
43
H-d
Auganbayev
Zhumabek
068-189 0.38 Lucerne 10,171.00 10,171.00 Paid
44 H-d Shanauiv
Shunke 068-30 0.22 Wheat 5,644.00 5,644.00 Paid
45
H-d
Barimbekov
Nauryzhan
068-284 0.17 Perennial
grass 4,550.00 4,550.00 Paid
46
H-d
Tyulendiyeva
Kumys
068-292 0.94 Hay 3,033.00 3,033.00 Paid
068-291 0.92 Hay 2,968.00 2,968.00 Paid
47
H-d
Raiymhanov
Sovet 068-237 0.21 Hay 678.00
No
Land
surrendered to
state without
compensation
48
H-d
Abdualiyev
Askar
068-049 0.46 Hay 1,484.00
1,484.00 Paid
49
H-d Ahauov
Kuanyshbek 068-186 0.19 Hay 613.00
No
Land
surrendered to
state without
compensation
50 H-d Shinasilov
Amantay 068-010 0.83 Hay 2,678.00
2,678.00 Paid
51
H-d Abdiyev
Bolyshan 068-081 0.63 Hay 2,033.00
No
Land
surrendered to
state without
compensation
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52
H-d
Alimshiyev
Dihan
068-146 1.13 Hay 3,646.00 3,646.00 Paid
53
H-d
Ahmetzhanov
Azimhan
068-074 0.54 Hay 1,742.00 1,742.00 Paid
54 H-d Tayzhanov
Seysenbay 068-115 0.98 Hay 3,162.00 3,162.00 Paid
55 H-d Katekov
Karakoyshy 068-273 1.19 Hay 3,840.00 3,840.00 Paid
56
H-d Panabekov
Alimhan 068-295 0.6 Hay 1,936.00
No
Land
surrendered to
state without
compensation
57
H-d Ahmetov
Serik 068-076 1.59 Hay 5,130.00
No
Land
surrendered to
state without
compensation
58
LLP
"Sypatay-
Batyr"
Shaihiyev K,
048-020 14.43 Wheat/ha
y 810,061.00
810,061.00 Paid
Total 173.87 3,004,043.00
2,908,486.00 Paid
3.2.4 Compensation Payment Status for Labor Maintenance 27. No workers of the affected households & legal entity’s were not actually lost their jobs
considering that the affected farms are only partially affected and would have likely simply
reassigned their workers to work on their remaining plot. In spite of the above, 26 households
and 3 legal entities also were entitled to receive KZT 534,039.00 as one time cash allowance
for labor maintenance. The actual amount KZT523,534.00 has been paid to 25 households
and 5 Legal entities till November 2012 completing 98% payment till November, 2012. Five
households did not receive their compensation, because they surrendered their land to the
state without compensation. The up-to-date payment status of compensation for Labor
Maintenance is shown in table 3.4 below for each individual AP.
Table -3.4: Labor Maintenance Allowance for loss of Agricultural Land.
Sl. No
Name of AP Cadastral #
Acquired area (in ha)
Number of labor
Compensation amount estimated (KZT)
Compensation amount paid
If not reason
1 H-d Duysekbayev Nugman
090-052 0.36 3 640.00 640.00 Paid
090-051 0.16 Paid
2 H-d Shalayev Asker
090-035 4.06 10 42,120.00 42,120.00 Paid
090-033 1.06 Paid
3 H-d Nurgozhayev Bolat
090-044 3.18 3 13,011.00 13,011.00 Paid
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090-042 0.64 Paid
4 H-d Kazanatov Kentay
090-081 3.72 4 46,005.00 46,005.00 Paid
5 H-d Myktybayev Nurtaza
090-128 4.97 8 26,342.00 26,342.00 Paid
090-126 0.27 Paid
090-127 0.08 Paid
6 H-d Sadyrbayev Kenesbek
090-116 9.93 3 14,146.00 14,146.00 Paid
090-041 1.35 Paid
7
H-d Moldabayev Tulehan
090-049 0.55 3 2,024.00
No
Land surrendered to state without
compensation
8 H-d Kusainova Uyat
090-103 0.37 9 1,584.00 1,584.00 Paid
9 H-d Nurbekov Kanat
090-097 0.69 3 2,901.00 2,901.00 Paid
10 H-d Abikeev Bahythan
090-106 0.24 1 1,325.00 1,325.00 Paid
11 H-d Bozaybayev Ahmetzhan
090-091 0.43 5 2,763.00 2,763.00 Paid
12 LLP "APK Balasagun"
090-119 0.96 15 98,95.002 98,95.002 Paid
088-058 16.42 Paid
13 H-d Itekeeva Zhumatan
090-070 1.09 7 4,760.00 4,760.00 Paid
14
H-d Malibekov Kakimzhan
088-061 0.12 3 416.00
No
Land surrendered to state without
compensation
15
H-d Agybayev Daulet
088-011 1.17 3 3,139.00
No
Land surrendered to state without
compensation
16
H-d Izbasarov Ryskeldi
088-028 0.13 7 1,206.00
No
Land surrendered to state without
compensation
17 H-d Kokimov Samat
088-033 2.59 4 11,969.00 11,969.00 Paid
088-034 0.18 Paid
18
H-d Suleimankulov Bahytzhan
090-001 0.53 4 3,869.00 3,869.00 Paid
088-066 0.56 Paid
088-065 1.83 Paid
19
H-d Sarsenbayev Baimahanbet
088-035 0.88 4 9,713.00 9,713.00 Paid
088-032 2.38 Paid
20 H-d Olzhabayev Rysaldy
088-025 2.57 4 7,775.00 7,775.00 Paid
21
H-d Boshanbekov Bagdat
088-136 3.73 3 19,614.00 19,614.00 Paid
22 H-d Zhilkibayeva Kymbatkul
088-125 1.37 2 14,470.00 14,470.00 Paid
23 H-d Kaliyev Amantay
088-103 15.97 13 80,870.00 80,870.00 Paid
24 H-d Leongardt 042-094 26.5 4 40,789.00 40,789.00 Paid
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Vladimir
25 LLP “Avtozhukkolik
042-095 2.21 11 47,696.00 47,696.00 paid
26 H-d Begasilov Zhumash
069-008 1.74 1 21,792.00 21,792.00 Paid
27 H-d Abirova Sara
069-050 0.42 1 5,972.00 5,972.00 Paid
28
H-d Akimbayev Nurzhan
068-051 0.64 1 3,720.00
No
Land surrendered to state without
compensation
29 H-d Auganbayev Zhumabek
068-189 0.38 1 3,040.00 3,040.00 Paid
30 LLP "Sypatay-Batyr" Shaihiyev K,
048-020 14.43 1
810,061.00
810,061.00 Paid
Total 173.87 141 534,039.00 523,534.00 Paid
3.2.5 Compensation for expenses related to Land Development and Obligations to
Third Parties.
26. None of the APs found such obligations and entitled to compensation related to land
development and obligation to third parties.
3.2.6 Additional Compensation for Severely affected Households
27. Only one household leasing agricultural land will be severely impacted as they will lose
more than 10% of his land. Therefore, he is entitled to additional severe-impact
allowance/compensation equivalent to one year net income based on a three year average.
Moreover, this AP is also entitled to additional assistance in terms of subsidies for seeds,
fertilizer and pesticides to improve the productivity of his remaining plot and assist him in
restoring his livelihood. In this connection, the AP did not pay these additional assistance in
terms of subsidies for seeds, fertilizer and pesticides as income restoration strategy of the
LARP. This assistance will be provided from the next year.
Table-3.5: Status of Additional Compensation for the Severely Affected Household
Name of AP Amount of severe impact allowance Payable (KZT)
Amount compensation paid/received status
Additional assistance (estimated amount as agriculture input)
Status of assistance
If not, reasons
Kazanatov Kentay
35786 211,000.00 No will be provided from the next year
3.2.7 Compensation for affected structures
28. Only one structure affected due to the project belongs to one legal entity Arna Petrolium
with a structure area of 67.9 sqm. & compensation valuated at KZT. 759,630. Compensation
for this affected structure already been paid to the AP.
Table-3.6: Compensation Status for the affected structure
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Name of AP Area of structure
(in m2
Compensation
Amount payable
Status of
payment
Remarks
Ind,Entr, Gochiyayev Nazbi (Arna Petroleum)
67.9 759,630.00 Paid
3.2.8 Compensation for business losses
29. None of the household or legal entity found affected with business due to the road
project. One commercial structure of Arna Petroleum affected by the road project did not
actually operate its business before it was acquired.
3.2.9 Vulnerable Households 30. None of the affected hhouseholds under this road project have been confirmed as
vulnerable by the akimat.
3.2.10 Temporary Land Acquisition and Compensation Status 31. Temporary land acquisition has not been included in the LARP which is being managed
via the Construction Contracts with landowners being paid rental based on commercial rates
for the period of loss. During monitoring consultant also inquired about the temporary land
acquisition issues with the contractor. According to their official record, contractor acquired a
total 50.09 hectares of land from private household, private company and Government land.
Out of the total temporary acquired land, 18 hectares has been acquired from a private
company, 24.09 hectares from leased land of 6 private individuals households and 8 hectares
from the village administration’s reserved land. The compensation rate for the temporary lands
has been settled as per Kazakhstan government Decree considering the types of land. This
land rent has been settled in a joint meeting with participation of Land Committee Member of
rayon Akimat, Land Owners and the required agency (KCC).
Таким образом было заключено соглашение между землевладельцами и КСС в
Accordingly, agreement has been made between with the affected land owners and KCC
Paid 3 300 000 tenge for the land lease starting from 15.03.2012 up to 31.12.2014 and
compensation for the loss of agricultural land because of highway construction and
maintenance of labor camp to the amount of 5 032 800 tenge. With regards to
Government/Village Administration land, KCC need not to pay any rent but they are liable to
pay annual taxes required, if any for using the lands. The details of temporary land acquisition
stating the names of the owners/leaseholders of temporarily affected land, quantity of acquired
land, the duration of use, the agreed compensation and restoration measures, and the location,
size of the affected plots, compensation payment status etc. has been given below in Tables
3.7 & 3.8.
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Table-3.7: Status on Temporary Land Acquisition from Individual & Legal Entities Sl No
Name of Household Head
Address of the household
Location of temporary land acquire & at chainage
Area acquired (in hectare)
Right to use land
For the period acquired
Total land rent three years (in KZT)
Terms & condition of acquisition
Compensation Payment Status
1 Private Company “Varshakidze”
At 0-56km. on Shu-Kordai Road
At 0-56km. on Shu-Kordai Road
18.00 Rent 3 years 300,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. In addition, KCC will agreed to provide/ construct service road and other facilities as required and agreed by the by the parties. Compensation money for three years paid
Compensation money for three years paid
2 Erketaev K Kenes Village Marke District
3.0 Rent 3 years 300,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid
Compensation money for three years paid
3 Imankulov G Kenes Village Marke District
4.0 Rent 3 years 200,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid
Compensation money for three years paid
4 Cancizbaev C Kenes Village Marke District
4.0 Rent
3 years 200,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid
Compensation money for three years paid
5 Shalaev A Orazaly Batyr Village
3.2 Rent 3 years 160,000.00 Use land on rental basis for a period three years
Compensation money for three
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Shu District (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid
years paid
6 Kaliev A Akshu Village Shu District
4.89 Rent 3 years 255,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid
Compensation money for three years paid
7 Avtojukkalyk Shu town Shu District
5.0 Rent 3 years 500,000.00 Use land on rental basis for a period three years (Jan 2012-Dec 2014) and will back to owner in original condition. Compensation money for three years paid
Compensation money for three years paid
Source: KCC
Table-3.8: Status on Temporary Land Acquisition from Government/Village Administration
Sl No
Land under Possession (Road department or Village Administration)
Location of temporary land acquisition & at chainage
Area acquired (in hectare)
For the period acquired
Acquisition cost of the acquired land
Terms & condition of acquisition
1 Kazahstan Kanes Village Marke District
6.0 3 years No cost required to pay being this is Government land
2 Orazaly Batyr Orazaly Batyr Village Shu District
1.0 3 years No cost required to pay being this is Government land
JSC “Balasagyn” Orazaly Batyr Village Shu District
1.0 3 years No cost required to pay being this is Government land
Source: KCC
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CHAPTER-4:
Monitoring of Labors & Employee’s Issues Engaged for the Project Works
4.1 General
32. For the purpose of road construction and implementation of the project-4, the client
(MOTC) KCC has employed as the main consultant. Afterwards, KCC employed 8 local
companies as subcontractors under different sections of the road to carry out the construction
activities following the road design under overall supervision of the main contractor and CSC.
All these main and subcontractors employed required numbers of manpower from different
disciplines. Each subcontractor employed on an average about 50-60 staffs/workers, which
includes engineers, technical persons, labors and supporting staffs for the road construction.
33. However, under the current monitoring program, the consultant monitored the labor
issues in compliance to the Labor Code of the Government of the Republic of Kazakhstan
whether contractors & subcontractors are following the prevailing Labor code/regulation of the
Kazakhstan Government in conjunction with the TOR of the Consultant. The major principles of
the labor legislation of the Republic of Kazakhstan spelled out in Articale-4 of labor code are:
i. Inadmissibility of restrictions on human and civil rights in the sphere of labor;
ii. freedom of labor;
iii. prohibition of discrimination, forced labor and the worst forms of child labor;
iv. guaranteed right to working conditions meeting the safety and hygiene requirements;
v. priority of the life and health of the employee over the results of production activities;
vi. guaranteed right to a fair remuneration for labor not below the minimum wage;
vii. guaranteed right to rest;
viii. equality of the rights and opportunities of employees;
ix. guaranteed right of association of employees and of employers for the purpose of
protecting their rights and interests;
x. social partnership;
xi. state regulation of labor protection and labor safety; and xii. guaranteed right of employees’ representatives to exercise public control over
observance of the labour legislation of the Republic of Kazakhstan.
4.2 Monitoring Process
34. To monitor the labor issues, consultant followed the ToR & Kazakhstan Labor Code
with considerations of the Contractor’s compliance to core labor standards, labor laws,
applicable workplace, occupational safety, gender discrimination, use of child labor, freedom of
association, employment of local poor, disadvantaged people and project affected people etc.
35. To assess the implication of the labor code, the consultant monitored the above issues
through visiting the sites and holds consultations/meeting with the contractor and
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subcontractors and also holds discussions with the staffs & labors in a group and individually
using a checklist of issues and open discussions. These consultations/discussions were held
covering the major principles of the labor legislation of the Republic of Kazakhstan of labor
code and the TOR. Moreover, to assess the current status, consultant’s eye witness and
general observation of working environments including the living condition and other facilities of
the staffs/labors has been a useful mechanism for monitoring the issues.
4.3 Key findings of the Monitoring
36. During monitoring, consultation meetings were conducted with the contractors and
subcontractors and also with the labors/staffs employed in construction works through formal
and informal meetings in a group and individually. The consultative process aimed to obtain
required information feedback & advice from the participants i.e. Contactors & subcontractors,
labors/staffs engaged for the road construction to assess the actual scenario of the labor
issues and concerns. In sum, findings from the consultation meetings revealed generally
positive views among the workers/staffs engaged for the road construction with consideration
of getting employment, remuneration, working environment etc. However, many of the
staffs/labors are not aware about the labor code of the country. But they understand that they
might get fair salary for rendering services, minimum standard accommodation with dining and
other facilities for their living, treatment, occupational safety measure etc. Majority of the
participants reported that till now they are working in a good environment with minimum
accommodation and other facilities but some of them reported that it should be little bit
improved. They have good relation with their contractors/employer. The key findings through
monitoring process stated below:
The main contractor and subcontractors have taken initiatives to provide employment
opportunities to local community, including the poor, vulnerable households, if any and affected households from the project area.
To the extent feasible and the as per the requirement of skilled and unskilled local labor, the contractor and subcontractors have engaged about 40% local labors and remaining 40% are from the same Oblast & 20% recruited from other different parts of the country.
Care has been taken to provide employment opportunities to women, including providing them the required training to improve their skills and provide equal pay to men and women for work of equal type. Among the total staffs/labors, about 80% are male and only 20% are female
All the staffs/workers employed are aged between 19-56 years. No differences in salary and benefits among the male and female workers. No child labor involved or employed in construction works by the contractor and
subcontractors Contractor employed one medical Assistant at their office and each subcontractors at
their site offices also have one medical assistant to take care of the health issues and treatment of the employees for any casualty or illness regularly,
The staffs and labors are not briefed formally about HIV/AIDS. But the senior engineers of subcontractors sometimes awarded them about the issue. However, in consultation
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with the staffs & labors, it was revealed that mostly of them have idea & awareness about the HIV/AIDS, human trafficking and its consequences.
Staffs/workers are working for the project though are provided with accommodation,
dining facilities and other required facilities but are not standard and enough. They had to live 4 persons sharing one room and some of them complained inadequate accommodation and facilities.
They did not report any major dissatisfaction and reported that they are working in a good environment.
More or less, safe working conditions for male and female workers with safety protection instruments during working has ensured by the contractor/subcontractors; but the staffs/labors working in base plant are not with safety protection instruments especially for the temporary staffs.
The labors/staffs are not paying for overtime works The subcontractors sometimes are not paying regular basis to the staffs. There is no provision of accidental benefits for the staffs/labors. Remuneration/salary of the staffs and labors are fixed above the minimum wage rate of
Kazakhstan. None found complained about their salary structure. But many of the labors/staffs reported that they would be happy if company increases their salary.
37. It was revealed during meeting/consultations with the labors/staffs and especially with
the contractor/subcontractors that they think they complied with the local labour laws to employ
staffs for the project. They also had best efforts to employ women and local people, including
disadvantaged people, living in the vicinity of the Project and ensuring, standard salary with
other facilities, provided safe working conditions/ environments for male and female workers.
The contractors did not employ any child labour for construction and other activities. Moreover,
considering the possible presence of migrant and temporary skilled and unskilled labourers, the
contractor/subcontractors are taking proper care through time to time conducting information
and education campaigns on the risks of sexually transmitted diseases and HIV/AIDS and
human trafficking, targeting construction workers at site offices. To the extent possible, the
some of the subcontractors senior staffs also disseminated information at worksites on risks of
sexually transmitted diseases and HIV/AIDS as part of their health and safety measures for
those employed in road construction activities. The more details findings also have been stated
in Annex-1 separately for contactor and each subcontractor and their labor/staffs consulted at
the sites
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Pictures of Living Condition of Staffs at the sites shown below
Entrance of the living house for the staffs Living house for the staffs at site office
Dining room of the staff at site office
Kitchen in the site office for the staff
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CHAPTER-5:
CONSULTATION AND FEEDBACK FROM THE APs & STAKEHOLDERS
5.1 Consultation Process
38. Consultation and meetings started holding with the APs, local people and
different stakeholders since 2007 (from the beginning of the project) to date at different
stages of the project activities to identify different issues, problems/constraints and
prospects and feedback from the participants in connection to the road development.
Consultation is a continuous process which requires to hold from the very beginning of
the project preparation to implementation of the project. The current
consultations/meetings conducted by the consultant are continuation of the above
consultations. All these consultations conducted were mainly covering information
dissemination about the project & its scope to local people, necessity of land
acquisition, procedures of compensation valuation for the affected land & properties,
payment of compensation, APs/local people’s opinions /feedback on different social
issues & concerns e.g.fair compensation, grievances, local demand (provision of cattle
passing facilities & other infrastructures), involvement of APs & local people in different
project activities & employment in project works.
39. However, at this stage of internal monitoring, a number of consultation meetings
were conducted at the project sites with contractors, workers/staffs, local people, Shu
Rayon Akimats including with the APs & local people in some rural villages to assess
the status of resettlement implementation i.e. progress of compensation payment,
overall impacts of the project. The findings of the above consultations revealed lots of
positive impacts in spite of a few negative impacts/concerns which have the scope of
mitigation. Table 5.1 provided with the list of meetings and consultations in different locations
of the project and offices etc.
Table- 5.1: List of Consultations and Meetings
Name of Villages/locations Date of
consultation No. of participants
1. Rustic unitKaynar (Blagoveschenka) located at Km 263 .and also at location Km. 267, 270, 275&280 along the road
11-11-2012.
Consulted with about 30 local people, construction workers of the contractor, hunter, passerby, & a road side farm household.
Consultation place: At Sue bridge site (Blagoveschenko) contractor’s office (“ МО -
20-11-2012 12 staffs & workers including site engineers
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1”LPP Almaty, Subcontractors) at Km262.
Consultation place: At Rustic unit Karabalta
site at Km. 279 of the road Consultation held with PMR“AlmatyInstroy”- Sub contactor and staffs & workers
20-11-2012 9 staffs & workers including site engineers
Consultation place: At Batching Plant site at Km. 260 of the road Consultation held with Alkasbeton LLP- Sub contactor Dated 22/11/2012
22-11-2012 13 staffs & workers subcontractor employed by KCC for producing concrete and granular materials for road construction.
Meeting at Shu Rayon Akimat office with Deputy Akim in Chair
30-11-012
12 participants including representatives from different departments of Shu Akimat, Akim of Aksu village Akimat and some local people
Meeting with KCC, Engineers & Staffs 8-12-012 8 participants
5.2 Major Findings of Social Issues & Concern of APs & Local People 40. The above consultations, participants mentioned both positive and negative
impacts of the project. Among the positive impacts, people of this area are happy with
the new road and the major benefits people expecting are that the new road that will
bring long run positive impacts in the form of increased income & economic activity,
creating new avenues of employment opportunity centering the road, fair price & easy
access/transportation of agricultural & livestock products to different local and national
markets, opportunity to establish different industries, increase trade/commerce,
develop tourism, easy access to different social services, saving of travel time and
reduced travelling cost etc. On the other hand, during consultations participants also
identified numbers of social issues/problems. Among the different concerns,
construction of cattle passes with provision of carrying agriculture equipment & crops
and complain about fair & timely payment of compensation were the major demand
and concern raised by the people during consultations.
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Pictures of Consultations/Meetings
Picture-1: Social specialists conducting meeting with sub contractor’s staffs & engineers of MO-1:
LLP Almaty office at Shu bridge site
Picture-2: Social specialists discussing with
subcontractor’s staffs & engineers of PMR Almaty Instroy office at Karabalta site
Picture-3: Meeting with Deputy Akim & Rayon
Officials at Shu Akimat office
Picture-4: Social Specialist interviewing APs in
Kenes village of Merke
Picture-5: Cattle Pass constructed at km. 266 of project-4
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41. The major social issues/concerns and public demand identified through meeting
with the different stakeholders held in Kocks office in September, 2012 and follow up
consultation/meetings by the social team to till December, 2012 stated below in a
matrix form with updated status/action taken by the Consultant, Contractor &
Implementing Agency. Moreover, details of social issues discussed and identified with
suggested mitigation measures during consultations/meetings conducted by the social
team have been annexed with the report.
Table-5.2: Major Social issues Identified during Consultations & Measures Undertaken
Identified Social Issues/Concerns Suggested Measures & Action Taken 1. To keep provision for crossing of
agricultural machinery & crops and
cattle between section km 272 and km
278 near the Aksu bridge.
COR/EA agreed with the issue and instructed Consultant & Contractor in consultation with their concerned engineer & designer to select a proper place to construct access road near the bridge Aksu for crossing agricultural machinery & crops & keeping provision of cattle crossing under the Aksu bridge.
Provision of a cattle crossing in a suitable place in and around at km 261+500 before Shu bridge
COR agreed with the local demand and instructed concerned engineer & designer of the Kocks Consult to find out an exact location to construct the concerned cattle pass.
Repair of local road of the village Kok Kainar – Aksu.
COR agreed with the issue and has been decided that KCC to construct/repair concerned road.
Rehabilitation of one demolished dam (dike) in Sarybulak rural district
It has been decided that the reinstatement of the concerned dam dike is to be done by KCC by their own cost.
Number of transport of Contractors driving along the streets of the village Kainar. Local inhabitants are concerned and outraged about this, which might be threat to the safety of local inhabitants.
It has been decided that subcontractor’s vehicles will not be allowed to enter into the villages. Separate bus to be rented for transportation of contractor’s employees/staffs living in the villages renting houses there.
The two cattle passes constructed have not enough height and width to carry agriculture equipment & crops and requested for mitigation of the problem
COR, Consultant & Contractor jointly should investigate the issue and to take necessary measures.
Three persons from Aksu village field a complain in writings to Consultant and Contractor that the road already been constructed on their land but they are not included in the list of APs and did not receive
In compliance to the application of these persons, TL, Kocks Consultant investigated the issue by the surveyor of CSC through physical verification. The surveyor reported that road is not constructed on their land but the contractor dumped garbage on their
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any compensation land & destroyed top soil of these lands. As a result, it is not possible to cultivate on these lands. So, contactor should settle the issue with those landowners paying them adequate compensation.
The village Akim of Akshu reported that 17 out of the 19 APs of Akshu village received their compensation money but two APs (Mr. Agybayev Daulet & Malibekov Kakimzhan) refused to receive their compensation because they are not satisfied with that low amount of compensation offered by the CoR.
It needs further investigations interviewing the concerned APs. It might be solved following the grievance redress procedure stated in the LARP.
CHAPTER-6:
CONCLUSION
42. This current internal monitoring report may be considered an interim report, because till
date only crop and labor maintenance compensation to almost APs has been paid. But the
compensation for lease land (Cadastral Land value which has been evaluated in later stage in
2011 under a supplementary valuation program in compliance with the regulation 890 of the
Kazakhstan Government) not yet paid to any APs. Moreover, there are some APs who did not
receive compensation due to some other reasons and second year crop loss & additional
compensation to one severely affected households not yet paid. As a result, it reveals that the
Land Acquisition and Resettlement Plan implementation are not complete. Once all these due
compensation will be paid, consultant will be required to updating of this monitoring report
which will be treated as final.
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APPENDIX ONE
Feedback from Meetings & Consultations with the contractor, subcontractors and workers, APs, local people and other Stakeholders of the Project
Place & date of consultation
Issues discussed Major findings of the discussions Suggested measure
Number of participants
Place of Consultation:
1. Rustic unitKaynar
(Blagoveschenka) located
at Km 263.
2. At Km 267.
3. At Km 270
4. At Km 275
5. At Km 280
Date: 11-11-2012.
A visit paid by the local Social Specialist on 11-11-2012 along the entire road alignment and had discussions/ consultations in different location about the impact of the road.
All the people discussed unanimously opined that this road will bring benefit to the people of this region and other regions as
well in different ways such as creating opportunity to start roadside café/business, increase income and employment, proper accessibility to social services, improve in living condition, time and cost saving transportation.
One Korean specialist told that that no local people comes to them, and he does not see any obvious public concern from local people. The local people are likely to get the information directly from local employees involved in construction.
One local worker told that instead any negative impact lot of positive impacts are there because young people are employed in construction; salary is quite good &paid in time, providing different facilities, good working conditions. He is now better than his previous occupation (working in cattle firm)
One native villager & hunter (Mr. Askar) reported that he sometimes visiting the construction site and found the construction is on progress. He people of
Consulted with about 30 local people, construction workers of the contractor, hunter, passerby, & a road side farm household.
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this area are happy with the new road that will bring positive impacts in the form of increased economic activity & income, fair price & easy access/transportation of agricultural & livestock products to different local and national markets, easy access to different social services.
Another worker who is from Merke District, noted that one cattle pass is constructed (at Km 302) will be useful for one part of the village but the other parts will not be benefited. So villagers were demanding to construct another cattle pass at the other side of the village. Moreover, the cattle pass constructed is narrow and height is not sufficient to carry agricultural products & equipments by trucks. (find the name of the village)
One households living near the road reported that people are waiting for opening the road immediately being they are expecting that the road will bring improved living condition, access to different social services, create employment opportunity consequently to increase income of the people. But the only negative impact they are facing currently, difficulties to go to Merke using the old road. The new road undoubtedly will bring benefits to the people reduce significantly the distance, travel time & cost as well.
The CoR with assistance from CSC and contractor should investigate the issue for remedial measures This problem will solve after opening the road on December 16, 2012
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Consultation place: At Sue bridge site (Blagoveschenko) contractor’s office (“ МО - 1”LPP Almaty, Subcontractors) at Km262. Dated 20/11/2012
- Contractor mobilization - Employment of Subcontractors - Number of staffs/workers employed their age, sex, any APs employed etc. -Awareness/briefing about health issues including HIV/AIDS, human trafficking, safety etc. -Workers satisfaction e.g .contract/wages, accommodation, working environment etc. -Interaction with local people in connection to project and feedback - Complaint/grievances/expectation of the local people they noticed. - Observation of the views of local people about the road development by them i.e. benefits & disbenifits - Workers views on the road development
Contractor mobilized in February 2012 Sub contractor mobilized in March 2012
hails from Almaty Total 54 workers employed in this site, of
them 6 are females and all are aged between 19-56 years.
Among the total staffs/workers, about 85% of them are local & the remaining 15% recruited from other different parts of the country.
No child labor found involved employed in construction works by the contractor
Contractor employed one medical Assistant at that site to take care of the health issues and treatment of the employees for any casualty or illness regularly,
One senior engineer of the contractor reported that he individually discussed and briefed about the impact of HIV/AIDS, human trafficking.
Majority of the workers found aware and had idea about the consequences / impact of HIV/AIDS, human trafficking
Staffs/workers are working for the project are provided with accommodation, dining facilities and other required facilities and they did not report any major dissatisfaction and also working in a good environment
They have no dissatisfaction regarding remuneration & they also get additional payment in case of any works beyond their contract
As per law, staffs/workers usually are not allowed to interact with the local people. In spite of this, sometimes some local people come to the site and enquire about the work and inspect quality of works
They found local people are happy with this project but sometimes they are suggesting them to ensure quality work with proper soil
12 staffs & workers including site engineers
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compaction, grading etc. The local people during discussions with the
staffs/workers in the site shown keen interest about the project and expecting that it will bring lot of benefits and development in the area. But they are concerned about intrusion of Chinese couture in Kazakhstan due to the road connectivity with the Chinese territory.
The staffs/workers also enthusiastic about the rapid development of the region after completion of the road project
Consultation place: At
Rustic unit Karabalta site at
Km. 279 of the road Consultation held with PMR“AlmatyInstroy”- Sub
contactor and staffs &
workers
Dated 20/11/2012
- Contractor mobilization - Employment of Subcontractors - Number of staffs/workers employed from, their age, sex, any APs employed etc. -Awareness/briefing about health issues including HIV/AIDS, human trafficking, safety etc. -Workers satisfaction e.g .contract/wages, accommodation, working environment etc. -Interaction with local people in connection to project and feedback - Complaint/grievances/expectation of the local people they noticed. - Observation of the views of local people about the road development by them i.e. benefits & disbenifits - Workers views on the road development
Sub contractor mobilized in May, 2012 Total 50 workers employed in this site, of
them 2 are females and all are aged between 20-63 years.
No child labor found involved employed in construction works by the contractor
The chief Engineer of that site reported that
he himself provided orientation and
instruction on sexually transmitted
diseases. The staffs /workers also were
found aware about HIV/AIDS, human trafficking.
Staffs/workers are working for the project are provided with accommodation, dining facilities and other required facilities and they did not report any dissatisfaction and also working in a good environment
They have good relation with the local people and sometimes some local people come to the site and inquire about the work and inspect quality of works and they also concerned about ensuring good quality works.
They found local people are happy with this project but sometimes they are suggesting them to ensure quality work with proper soil
9 persons including site engineers, staffs & workers
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compaction, grading etc. The local people during discussions with the
staffs/workers in the site shown keen interest about the project and expecting to open the as soon as possible. Once road start operation, many people will be starting their business which will create a new avenue for income earning & employment and will have the opportunity of easy access to other regions in a short time & low cost
The staffs/workers also seem that this road will bring benefit to the people of this region and also for the country as well.
Consultation place: At
Batching Plant site at Km.
260 of the road Consultation held with Alkasbeton LLP- Sub
contactor Dated 22/11/2012
- Number of staffs/workers employed from, their age, sex, any APs employed etc. -Awareness/briefing about health issues including HIV/AIDS, human trafficking, safety etc. -Workers satisfaction e.g .contract/wages, accommodation, working environment etc. -Interaction with local people in connection to project and feedback - Complaint/grievances/expectation of the local people they noticed. - Observation of the views of local people about the road development by them i.e. benefits & disbenifits - Workers views on the road development
Sub contractor mobilized in August, 2012 Total 100 workers employed in this site
during starting of works but currently 45 were found working because many of them are casual/part time worker, no female worker and all are aged between 20-60 years and all are from same oblast (Kordai, Marke and Taraz.
No child labor found involved employed in construction works by the contractor
They never orientated/briefings on sexually
transmitted diseases. But many staffs
/workers also were found aware about HIV/AIDS, human trafficking.
The workers/staffs are not aware about their rights regarding compensation for any accident or adverse health effects
The doctor from KCC take of their heath issues in absence of their own doctor
Staffs/workers are working for the project are though provided with accommodation, dining facilities and other required facilities but are not adequate and required personal protective equipments is not provided to them.
They don’t have any interaction with the
10 persons including site engineers, staffs & workers
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local people. The staffs/workers also seem that this road
will bring benefit to the people of this region.
Meeting at Shu Rayon with Deputy Akim in Chair
-Current activities of the project -Project impacts (benefits, disbenefits) -Compensation issues including compensation valuation, their involvement etc. - satisfaction of APs with compensation procedure & payment - grievances/complain to them regarding compensation or any other social concerns
They all were found happy with the project and progress of construction;
Participants were expecting lot of benefit from the project in different ways
The Deputy Akim of Shu Rayon mentioned the road will bring lot of benefits such as increased income & economic activity, creating new avenues of employment opportunity centering the road, fair price & easy access/transportation of agricultural & livestock products to different local and national markets, opportunity to establish different industries, increase in trade/commerce, develop tourism, easy access to different social services, saving of travel time and reduced travelling cost etc. On the other hand, during consultations participants also identified numbers of social issues/problems.
The Akimat had involvement with the project at different stages from project prepation to its implementation
APs almost have received their compensation
Only two APs did not receive compensation because they are not agreed with the compensation amount offered for their lost land.
12 participants including representatives from different departments of Shu Akimat, Akim of Aksu village Akimat and some local people