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Resettlement Plan

Resettlement Plan – Bulgan Basic Urban Services Improvement Subproject Document Stage: Final Project Number: 37697-013

March 2012

MON: Urban Development Sector Project

Prepared by Ministry of Road, Transportation, Construction and Urban Development for the Asian Development Bank.

The resettlement plan 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. Your attention is directed to the “terms of use” section of this website.

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.

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject i

L2301-MON: URBAN DEVELOPMENT SECTOR PROJECT

Land Acquisition and Resettlement Plan for the Bulgan Basic Urban Services Improvement Subproject

Ministry of Road, Transportation, Construction and Urban Development Ulaanbaatar, Mongolia

March 2012

ABBREVIATIONS

ADB Asian Development Bank

AH Affected household

AP Affected person

CBO Community-based organization

DOR Department of Road

EMA External monitoring agency

DMS Detailed measurement survey

GAF Grievance action form

GOM Government of Mongolia

HH Household

IRP Involuntary Resettlement Policy of ADB

LRCUDD Land Relations, Construction and Urban Development Department

LAR Land Acquisition and Resettlement

LARF Land Acquisition and Resettlement Framework

LARP Land Acquisition and Resettlement Plan

M&E Monitoring and evaluation

MRTCUD Ministry of Road, Transportation, Construction and Urban

Development

NGO Nongovernment organization

OM Operations Manual (ADB)

OP Operational Procedures (ADB)

PIU Project Implementation Unit

PMU Project Management Unit

PUSO Public urban services organization

ROW Right of way

RRP Report and Recommendations of the President (ADB)

UDSP Urban Development Sector Project

WG Working Group

Notes

Currency Unit Tugrug (MNT)

MNT 1.00 = $ 0.0007473

$ 1.00 = MNT 1,338.24 Mongol bank exchange rate of March 12, 2012

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject

ii

DEFINITION OF TERMS

Affected Household (AHs): All persons residing under one roof and eating from the same kitchen, who are adversely affected by the Project, or any of its components; may consist of a single nuclear family or an extended family group

Affected People (APs): Any person affected by loss of assets or income due to Project-related changes in the use of land, water or other natural resources

Compensation: Cash or in-kind payment of the replacement cost of an asset lost due to Project-related impacts

Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to affected people, depending on the nature of their losses, to restore their economic and social base

Host Population: Community residing near the area where the APs are relocated

Income Restoration: Reestablishment of income sources and livelihoods of APs

Involuntary Resettlement: Full or partial, permanent or temporary physical displacement (relocation, loss of residential land or shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a consequence of development projects, compelling APs to rebuild their lives, incomes and asset bases

Land Acquisition: The process whereby a person is compelled by a government agency to acquire all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for compensation

Rehabilitation: Compensatory measures provided under the ADB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets.

Relocation: The physical resettlement of an AP from her/his pre-Project place of residence

Replacement Cost: The value determined to be fair compensation for various types of agricultural and residential land, crops, trees, and other commodities based on current market rates; the cost of rebuilding houses and structures at current market prices of building materials and labor, without depreciation or deductions for salvaged building material

Social Preparation: Process of consultation with APs undertaken before key resettlement decisions are made, to build their capacity to deal with resettlement

Temporary Land Use Impacts: When land outside the proposed ROW is required temporarily to carry out construction, persons may be affected in terms of temporary land loss, damage to attachments or disruption of living or business conditions, for which compensation or mitigation is required to offset such impacts

Usufruct: The right to use and profit from land belonging others or a larger social entity, such as a tribe, community of collective

Vulnerable Groups: Distinct group of people (poor, elderly, disabled and female headed households) who may suffer disproportionately from resettlement effects


iii

LETTER OF ENDORSEMENT BY THE GOVERNOR OF BULGAN AIMAG


iv

LETTER OF ENDORSEMENT BY THE MINISTRY OF ROAD, TRANSPORTATION, CONSTRUCTION AND URBAN DEVELOPMENT


v

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject vi

LOCATION MAP: BULGAN BASIC URBAN SERVICES IMPROVEMENT SUBPROJECT

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject vii

TABLE OF CONTENTS

LETTER OF ENDORSEMENT BY THE GOVERNMENT OF MONGOLIA ........................... ii

ABBREVIATIONS ..................................................................................................................... iv

DEFINITION OF TERMS ........................................................................................................... v

LOCATION MAP: BULGAN BASIC URBAN SERVICES IMPROVEMENT SUBPROJECT ... vi

TABLE OF CONTENTS ........................................................................................................... vii

EXECUTIVE SUMMARY ........................................................................................................ viii

A. INTRODUCTION ................................................................................................................... 1

B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .................................................. 1

C. SOCIOECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS ................................. 6

D. OBJECTIVES, POLICY FRAMEWORK AND ENTITLEMENTS ........................................ 10

E. CONSULTATION AND PUBLIC PARTICIPATION ............................................................ 15

F. GRIEVANCE REDRESS MECHANISM .............................................................................. 16

G. INSTITUTIONAL FRAMEWORK ........................................................................................ 17

H. COMPENSATION AND REHABILITATION STRATEGY ................................................... 18

I. LAR BUDGET, FINANCES AND DISBURSEMENT ............................................................ 24

J. MONITORING AND EVALUATION ..................................................................................... 25

K. IMPLEMENTATION SCHEDULE........................................................................................ 29

ANNEX 1: DETAILED TECHNICAL DESIGN MAP FOR THE BULGAN BASIC URBAN SERVICES IMPROVEMENT SUBPROJECT ANNEX 2: PUBLIC NOTICE OF CUT-OFF DATE FOR BULGAN SUBPROJECT ANNEX 3: UDSP NOTICE TO AFEECTED PERSONS ANNEX 4: 2011 DISCLOSURE MEETINGS ATTENDANCE SHEETS ANNEX 5: GRIEVANCE ACTION FORM ANNEX 6: TEMPORARY PROJECT EMPLOYMENT SCHEME FORM ANNEX 7: RESOLUTION А/327 ANNEX 8: PROPERTY AND LAND VALUATION WITH UNIT COST

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject viii

EXECUTIVE SUMMARY

This Land Acquisition and Resettlement Plan (LARP) for the Bulgan Basic Urban Services Improvement Subproject under the Urban Development Sector Project (Project) is agreed upon between the Government of Mongolia (GOM), the Government of the Bulgan aimag and the Asian Development Bank. The policy framework and entitlements for this LARP are based on the Land Acquisition and Resettlement Framework (LARF) for the Project, the applicable Mongolian Laws1 and the ADB Involuntary Resettlement Policy (IRP) of 1995. Bulgan Aimag: Bulgan aimag is located in the central area of Mongolia and borders with Selenge, Tuv, Uvurhangai, Arhangai and Huvsgul. The aimag covers an area of approximately 116,000 km2. The aimag has 16 soums, 72 bags and 1 village. As of 2010 census, the aimag had an estimated population of 53,655 which 28.2 thousand or 49.3 % is men and 29.0 thousand or 50.7% is women. 49.3% lives in the countryside and 50.7% in the town. The aimag center Bulgan city has 11 320 population. 51.0% of the total population is women; 40.2% is children aged between 0 and 17, 31.4% is youth aged between 18 and 35 and 8.8% is elderly persons. Subproject site and ROW: The Bulgan subproject will construct 1.3 km water supply pipelines which traverse the subproject ger areas and water supply source wall. As connects the planned 1.3 km water supply pipelines to the existing 2 water kiosks and existing water supply pipelines, ger are water supply circle will be set up. It will be benefitting total 6495 residents of the Bulgan city. The right of way (ROW) of the 1.3 km of new water supply pipeline, which traverse the subproject ger areas in various directions, has a total ROW width varying between 5m and 10m. In order to minimize resettlement impact, the standard total trench ROW width of 10m was reduced to 5m along several sections of the pipeline in accordance with the Construction Standard and Rules of Mongolia for Water Supply, External Networks and Structures BNBD 40-02-06. Scope of LAR impact: Only construction of water supply pipelines will involve land acquisition and resettlement (LAR); the other project components will be constructed on public land. Total of 9 households/entities will be affected. 15 male and 17 female totaling 32 of the the seven2 AHs will be affected and 10 of them are children under 18. Affected 9 households/entities will lose their 343, 2 m2 lands (see Table 2). 321, 6 m2 or majority of the affected land is the residential land and 22 m2 is land designated for business. Improved area of one household and one company for business will be affected. Total 17 structures located at the residential and business designated areas will be affected. 202, 4 m wooden fences of 7 AHs will be removed and a garage, a wooden house, a house foundation, a basketball hoop, a big news board and 2 lartines will be affected. Affected structures are shown in Table 4. Indigenous peoples and gender impact: Indigenous peoples, i.e. tribal communities existing outside the cultural and legal mainstream of Mongolian society, are not present in the Bulgan subproject site. Therefore, the ADB Policy on Indigenous Peoples will not be triggered by this subproject. Adverse differential gender impact by the Bulgan subproject on either men or women is not expected. Legal and policy framework: Land acquisition and resettlement by the government for projects in urban areas is based on negotiation and contracts with affected persons according to the Civil Code of Mongolia. The ADB IRP recognizes negotiated LAR as long as there are willing and free buyers and sellers and eligibility and entitlements are clearly defined and agreed. All APs are eligible for entitlements, as stipulated in the LARF

1Civil Code of Mongolia, 2002; Law of Mongolia on Land, 2002, amendments 2003/04/05/06; Law on Allocation of Land to Mongolian Citizens for Ownership, 2003, amendments 2005/08. 2 Information of 1 HH was not available as the HH does not live in the plot.

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject ix

for the Project, including owners, possessors, users, legalizable occupants, non-titled occupants and lessees. The eviction of unlicensed APs is a violation of the ADB IRP. All APs who are unlicensed occupants of land in ger areas designated for land allocation are treated as legalizable under the LARF for UDSP. The eligibility and entitlements for specific types of losses in the Bulgan subproject are summarized in the Entitlement Matrix in Table 12 of this LARP. Consultation and grievance redress: Information, consultation and participation of APs are ensured through individual and public meetings throughout the LARP preparation and implementation process. A public consultation meeting to prepare the APs for land acquisition and to disclose and discuss the draft LARP was held in September 2011. A four-step grievance mechanism with a clearly defined timeline of five weeks for each case has been established and disclosed, and a Grievance Action Form initiating and tracking the grievance process for each complaint has been prepared (Annex 5). Institutional arrangements and monitoring: The Working Group (WG) for the Bulgan subproject, formed on 18 August 2011 under Resolution А/327 of the Governor of Bulgan Aimag, is responsible for the implementation of the Bulgan subproject LARP. With the support of the PMU, the supervision engineer of “Bulgan – Meej” LLC assists the WG and ensures resettlement safeguard compliance prior to any land acquisition or resettlement and the award of civil works contracts. The PMU, together with the supervision engineer of “Bulgan – Meej” LLC, is responsible for adequate supervision of the implementation of subproject LARP. The PMU will be responsible for reporting the progress in implementing the LARP to the Ministry of Road, Transportation, Construction and Urban Development (MRTCUD) and ADB. Monitoring of compliance with the LARP and the LARF during implementation is carried out by the supervision engineer of “Bulgan – Meej” LLC together with the PMU, as well as by an external monitoring agency (EMA). Compensation strategy and budget: Losses of land and structures, as well as transaction and relocation costs for each AP are covered as follows:

• Seven owners/possessors of affected land totaling 321.6m2 will be compensated at the current market rate of MNT 3600 per m2 for the Bulgan aimag. The total cost of compensation for this land will amount to MNT 1,157,760.

• Wooden fences totaling 202.4m will need to be removed and rebuilt at new property boundaries, at a total cost of MNT 1,811,480.

• Two APs losing open pit wooden latrines will be compensated at the at the current market rate for material and labor of MNT 221,296 per latrine. Total compensation will amount to MNT 442,592.

• An 19,2 m2 residential wooden structure will be compensated at the unit rate per m 2 of MNT 272,054 totaling to MNT 5,261, 837.

• Part of 20,16m2 concrete garage needs to be relocated as it is within the ROW. The unit rate per m2 is MNT 174,146 and total compensation amount will be MNT 3,510,783.

• One AP basketball hoop with concrete foundation will be affected by the subproject activities. For removing and relocating it within the plot, MNT 45,000 will be compensated.

• 22,8m house concrete foundation needs to be relocated within the plot. Unit rate of this foundation will be MNT 25,000 per m2 totaling to MNT 570,000.

• 28,8 m2 cement area will be affected and compensated at the rate of MNT 11,269. Total compensation will amount to MNT 324,547.

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject x

• For 27,5 m2 pedestrians veneers, compensation of MNT 13, 607 will be paid. Total compensation will amount to MNT 374, 193.

• Compensation of MNT 100,000 will be paid for advertisement board relocation.

• Fees for land transactions will amount to MNT 660 000.

The budget for land acquisition and resettlement in the Bulgan subproject is expected to amount to MNT 19,803,123.9 or USD 14,797.9 for compensation as well as transaction, administration and contingency costs, which are funded from state government resources.

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Subproject 1

A. INTRODUCTION

1. This Land Acquisition and Resettlement Plan (LARP) for the Bulgan Basic Urban Services Improvement Subproject under the Urban Development Sector Project (Project) is prepared in accordance with applicable laws of Mongolia, the Asian Development Bank's (ADB's) Involuntary Resettlement Policy (1995) and the updated Land Acquisition and Resettlement Framework (LARF) for the Project. 2. This LARP is agreed upon between the Government of Mongolia (GOM), the Government of the Bulgan Aimag and ADB. It provides (i) an assessment of the scope of land acquisition and resettlement (LAR), (ii) an analysis of the socio-economic situation of APs, (iii) the LARP policy framework and entitlements, (iv) the procedure for consultation and public participation, (v) a description of institutional arrangements and the LAR grievance mechanism, (vi) the compensation strategy, (vii) an itemized resettlement budget, (viii) an internal and external monitoring and evaluation procedure and (ix) the Bulgan subproject LARP implementation schedule. 3. The basic urban services improvement component supports efforts by GOM in implementing its Urban and Housing Development Strategy and five year “40,000 Housing Unit Program”, a major component of which, is to transform ger areas into modern neighborhoods by providing piped water and sanitation. It also makes a major contribution to the achievement of the GOM’s Housing Program by providing water supply to households in major ger areas, more than half of which are poor. The Project will assist GOM in its efforts to: (i) provide sustainable and affordable infrastructure and urban services to ger area residents and the urban poor; (ii) promote community participation in project preparation, implementation, post-project operation and follow-on activities; (iii) improve urban planning and management; and (iv) increase the capacity of government and other public agencies to provide and operate urban services. Implementation of the Project will have a very significant impact on urban development and poverty reduction. 4. Under the basic urban services improvement component: (i) ger area households will be served by water supply; (ii) existing water supply system will be set up as a circle; and (iii) water supply resource wall will be constructed. 5. Bulgan aimag: Bulgan aimag is located in the central area of Mongolia and borders with Selenge, Tuv, Uvurhangai, Arhangai and Huvsgul. The aimag covers an area of approximately 116,000 km2. The aimag has 16 soums, 72 bags and 1 village. As of 2010 census, the aimag had an estimated population of 53,655 which 28.2 thousand or 49.3 % is men and 29.0 thousand or 50.7% is women. 49.3% lives in the countryside and 50.7% in the town. The aimag center Bulgan city has 11 320 population. The Bulgan subproject will improve the water supply system for the town’s ger areas and assist the PUSO in becoming financially viable. The subproject scope of work includes connection of 1.3km water supply pipelines to the existing 2 water kiosks; and set up ger area circle as connects to the existing water supply pipelines. It will be benefitting total of 6495 residents.

B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

6. Only construction of water supply pipelines will involve land acquisition and resettlement (LAR); the other project components will be constructed on public land. The right of way (ROW) of the 1.3 km of new water supply pipeline, which traverse the subproject ger areas in various directions, has a total ROW width varying between 5m and 10m (i.e. between 2.5m and 5m from centerline on both sides). In order to minimize resettlement impact, the standard total trench ROW width of 10m was reduced to 5m along several sections of the pipeline in accordance with the Construction Standard and Rules of Mongolia for Water Supply, External Networks and Structures BNBD 40-02-06.


7. When drafting technical design for the Bulgan Basic Urban Services Improvement Subproject, based on a standard 10m total ROW, the project discussed and worked with the design consulting company in order to avoid and minimize LAR impact. As a result, permanent impact was reduced to 9 households/entities. Mostly, wooden fences and gates totaling to 202, 4 m long will be moved. 2 latrines, a garage, a house and a house foundation also will be relocated. Total 321, 6 m2 owned/possessed lands and 22 m2 unlicensed lands will be affected. 8. The assessment of the scope of LAR impact is based on the census of the APs carried out by PMU Resettlement Specialist, as well as Detailed Measurement Survey data provided by the Land Relations, Construction and Urban Development Department (LRCUDD) of Bulgan Aimag and a property valuator of “Besge” Property Valuation Company. At the time of conducting the AP census, the cut-off date of 21 June 2011 for the subproject was publicly notified in the subproject area including the subproject sites and the Governor’ Office (see Annex 2). The APs have also been notified individually by the LRCUDD using a notification form specially designed for the Project (see Annex 3). Affected People 9. Table 1 indicates the number and types of affected households and persons in the Bulgan Basic Urban Services Improvement Subproject. A total of 8 households and one entity will be affected by the subproject activites. Seven affected households except BU007 who does not live on his land were enumerated in the census. 32 APs of seven AHs were surveyed. There were 15 male and 17 female. 10 or 31.25% was children under 18, 21 or more than half were adults and 1 or 3.1% were persons aged above 65. Section C refers to the detailed information of the affected entities. 10. Four households out of total were considered vulnerable. Monthly income of 3 AHs out of them is below than poverty line (MNT 105, 100) set for hangay area and considered as vulnerable AHs. One household (BU003) is a female headed. Total 18 persons live in the affected vulnerable households.

11. BU001 has four family members. Parents’ ages are 39 and 53. The household has 2 children aged 8 and 14. Annual income of this household of MNT 2, 916, 00 is earned through the mother’s salary and government support programs. The household’s licensed land, latrine, and basketball hoop with concrete foundation will be affected. Due their income, they are vulnerable.

12. BU002 comprises the mother (age 62), farther (64), their 2 sons (21, 26), a grand-daugther (8) and grandmother (74). As stated in the census, total household annual income of MNT 10 392 000 is earned through pension, salary and government support programs. 13. BU003 comprises the mother (age 51), her 4 sons (31, 26, 21 and 14), 2 daugthers (20 and 29) and a grand-daugther (3). Total household annual income is MNT 6, 816,000. Since it is headed by female they are vulnerable. 14. BU004 has 3 family members. Parents are aged 54 and 49. Has a daughter who is 20. Annual income of the household is MNT 2, 196,000. Since the annual income is below the poverty line, they are considered vulnerable. 15. BU005 household head is 17 and lives with his 40 year old mother and 64 year old grandmother. Total annual income of the household of MNT 3 492 000 is earned through salary, pension and government support programs. Since the annual income is below the poverty line, they are considered vulnerable.


16. BU006 has 4 members including parents (age 35 and 31) and 2 daugthers (3 and 12). The head of the household works for construction company which is seasonale. Total annual income of the household of MNT 5 808 000 is earned through salary and government support programs. 17. BU007 does not live at the land. Not known where he lives. Therefore, it was impossible to collect a data. 18. BU008 is a company runs a grocery store. The owner lives in the back side of the house. The grocery store has 2 employees. Monthly net income is approxiametely MNT 2,5 million. Total annual income of the store is apporxiametely MNT 35 808 000. 19. BU009 is a person who runs a grocery store. Family members are four including parents (age 44 and 39), 8 year old daughter and 15 year old son. Four employees work for the store. Total annual income of this household is MNT 29 076 000. A full list of affected households and assets for Bulgan subproject is included in Table 14. Section H includes a full discussion of the compensation and rehabilitation strategy for all APs and entities. 20. All members of affected households and commercial enterprises are of the Khalkh ethnic group, which is the mainstream cultural group in Mongolian society. Therefore, the ADB Policy on Indigenous Peoples will not be triggered by this subproject. 21. Adverse differential gender impact by the Basic Urban Services Improvement subproject on either men or women is not expected. Special gender provisions are required by the Project’s LARF, in order to ensure due consideration of the specific needs and problems of affected women and to safeguard their livelihoods. Women are included in all consultation meetings and the participation process of LAR as a whole. Due consideration will be given to complaints and grievances lodged by affected women in the LAR process. Special attention will be given to the one female head of household (BU003) affected by the subproject throughout the LARP planning and implementation process.

Table 1: Affected people

Category Number Percent

Affected Households/Entities, of which

9

100

Residential households 8 88.88

Commercial enterprises 1 11.11

Members of Affected Households/Entities, of which

32 100

Male 15 46.87

Female 17 53.12

Children under 18 10 31.25 Average HH Size Mean: 4.7

Median: 4.0

Vulnerable households of which 4 66.7

Female headed households 1 75

Vulnerable persons 18 64.3


Affected Land

22. 9 affected households and entities occupy total size of 6993, 6 m2 land and majority of this land is designated for residence and small portion is for business. 98, 5% of the total occupied land is licensed. For instance, 7 APs own total size of 5901 m2 land and 2 households possess 987 m2 land. APs will lose total 343,6 m2 land (see Table 2). 5 out 9 AHs and entities losing lands will lose owned land, 2 possessed land and 2 unlicensed located in the front of their licensed lands. One AP has submitted his documents for license to the LAD when census was conducted. Therefore, he is considered as licensed. The remaining land of 2 APs out of 105, 6 m2 unlicensed land located in the front of their owned lands is located along the ROW. Therefore, they are not legalizable. The total licensed land affected is 321,6m2, while the unlicensed land is 22m2. The majority of affected land, 321,6m2, is residential. Only 22m2 of commercial land is affected. Table 2: Affected Land

Type of Loss Unit Extent of Loss Percent of

APs Full Partial Total Affected Households/Entities

No. 9 - 9 100 m2 343.6 - 343.6 -

1) Impact by Ownership Licensed No. 7 - 7 77.8

m2 321.6 - 321.6 - Unlicensed No 2 - 2 22.2

m2 22 - 22 - 2) Impact by Type of Land Use

Residential No 8 - 8 88.9 m2 332.6 - 332.6 -

Commercial No 1 - 1 11.1 m2 11 - 11 -

3) Temporary Land Occupation

No - - - -

m2 - - - - 23. The proportion of land loss relative to total occupied land occupied is shown in Table 3. A significant portion (77, 77%) will lose 10% or less of their total occupied landholdings. 22, 22% will lose 10% or more of their total lands. However, only one household will lose their house. In other cases, households will lose their lands3 which will affect their livelihoods and businesses. Two households will lose unlicensed lands located in the front of their licensed lands.

3 For one case, garage will be removed and rebuilt within the plot due losing land under the garage.


Table 3: Proportion of land loss relative to total land occupied

Land Loss (%) Total Affected HHs Number % <10 7 77.77 <20 2 22.22 <30 0 0 <40 0 0 <50 0 0 50+ 0 0 Total 9 100

Affected Structures

24. There are total 17 affected structures. Fences and gates of a total length of 202.4m, belonging to seven affected households, will need to be moved. Other affected structures include one house, a garage, a basketball hoop, a house concrete foundation, advertisement board and two latrines. Affected structures are indicated in Table 4.

Table 4: Affected Structures

Type of Loss Unit Number of affected

HHs and entities Residential Structure m2 19.2 1 Moving wooden fences m2 202.4 7 Shed m2 7.04 1 Block garage m2 20.16 1 Concrete foundation m2 22.8 1 Basketball hoop pcs 1 1 Advertisement board pcs 1 1 Latrine pcs 2 2 Cement square m2 28.8 1 Veneer m2 27.5 1

Affected Livelihoods

25. As noted above, the businesses operated by BU008 and BU009 will be affected temporarily. No other business or livelihood impacts are anticipated. As a result of the project civil works, compensation equivalent to the seven days income will be provided to the above mentioned APs for the seven days of distruption anticipated.

Level of impact severity

26. Since the Bulgan Basic Urban Services Improvement Subproject does not involve 200 or more persons who experience major impacts, i.e. physical displacement from housing or loss of 10% or more of productive assets, according to ADB requirements, the subproject is classified as impact category B, which requires a short LARP. A socio-economic profile of affected households was prepared, since the data for a large part of the profile was already obtained through the census. This will contribute to establishing a baseline for external monitoring and evaluation. The socio-economic profile for the Bulgan subproject is discussed in Section C.


C. SOCIOECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS

27. To gain an in-depth understanding of the socio-economic situation of Bulgan APs, a survey of seven AHs was carried out. The survey included interviews with two men and five women. Two APs of the two vulnerable affected households were included in the survey. Some basic data on ethnicity, land, education and income have been derived from the census, other indicators of living standards and conditions from the sample survey. Where possible the presentation of the data is gender disaggregated to ascertain possible differences in the situation and perceptions of women and men; however, in all but one case in Bulgan subproject (BU003), land is owned or possessed by the male head of household. 28. As presented in Table 5, all members of 7 AHs are of the Khalkh ethnic group, which is the mainstream cultural group in Mongolian society. Table 5: Ethnicity among APs at the Bulgan subproject Ethnic Group

Total Men Women

Number % Number % Number % Khalkh 32 100 15 46.87 17 53.1 29. The size and property status of all occupied land (affected and unaffected) among affected households as distinguished from their affected land discussed in the previous section, is depicted in Table 6; see also Table 14 for property sizes of individual affected entities and households. Table 6 shows number of households who have owned, possessed and unlicensed lands. Table 6: Size and property status of all land occupied by affected households

Type/Size Classes Total

Number of affected

households and entities

%

Total Land occupied (m2)

6,993.6 100

250 - <500 2 22.2

500 - <1000 4 44.4

1000 and more 3 33.3

Total 9 100

Land Owned 5,901 84.4

250 - <500 1 14.2

500 - <1000 3 42.9

1000 and more 3 42.9

Total 7 100

Land Possessed 987 14.1

250 - <500 1 50

500 - <1000 1 50

1000 and more - -


Type/Size Classes Total

Number of affected

households and entities

%

Total 2 100

Unlicensed Land 105.6 1.5

<250 2 100

250 - <500 - -

500 - <1000 - -

1000 and more - -

Total 2 100

30. No AH will be relocated from their residences. BU001, BU002, BU003, BU004, BU005, BU006, BU007 and BU008 will move their fences to their new boundries. BU002 and BU004 will take down and rebuilt their residential houses and garage at their new boundries. In addition, concrete foundation located within BU006 fence will be affected and relocated at the new boundry. Basketball hoop located in BU001 fence will be moved within the plot. BU009 advertisement board also will be relocated outside of the ROW. Two households having latrines within their fence will relocate their latrines at their new boundries. New and old locations of the latrines needed to be disinfected. Table 7 shows type of structures of affected households. Table 7: Type of structures owned by affected households

Type Total Comments Number of

Households Number of Structures

House (residential) 7 5 Ger (residential) 1 1 BU006 Fence/ Wall 6 6 Latrine 6 6 All are open pit latrines Shed 3 3 Garage 3 3 Concrete foundation 1 1 BU006 31. All APs have a complete secondary school level (12th grade) education, and only 1 adult AP has a primary education (10th grade). 3 women and 1 man have attained post-secondary degrees at the bachelor level. One 72-year-old woman has no education at all.

Table 8: Educational attainment among above 10 yrs of age affected household members

Level Male Female Total Number % Number % Number % Primary 1 7.1 1 17.7 2 7.4 Basic 5 35.7 1 7.7 6 22.2 Complete Secondary School 7 50 7 58.3 14 51.9 B.A. 1 7.1 3 23.1 4 14.8 Other - - 1 7.7 1 3.7 Total 14 100 13 100 27 100


32. Total annual income from all sources among 7 affected households providing income data is presented in Table 9. Three declared that their total annual household income falls below MNT 5 million income category. Two AHs declared incomes between MNT 5 million and 7.5 million, while one declared annual household income between MNT 7.5 million and 10 million. And one declares income above MNT 20 million. Table 9: Annual incomes from all sources among affected households

MNT Number of HH % <5,000,000 3 42.9 5,000,000 - <7,500,000 2 28.6 7,500,000 - <10,000,000 - - 10,000,000 - <15,000,000 1 14.3 15,000,000 - <20,000,000 - - => 20,000,000 1 14.3 Total 7 100 No data / Unclear Averages MNT Mean 8,670,857 Median 5,808,000 Range 2,196,000-29,076,000

33. In Bulgan city, the 7 AHs have between three and eight members each, with an average of 4.6 members per household. The median is four. The per capita monthly income of four of these AHs lies below the poverty line (below MNT 105,100). These four AHs qualify as vulnerable under the UDSP LARF.

Table 10: Per capita monthly incomes among affected households

MNT Number % <75,000 3 42.9 75,000 – 105,100 (poverty line) 1 14.3 105,100 - <150,000 2 28.6 150,000 - <200,000 - - 200,000 - <350,000 - - =>350,000 1 14.3 Total 7 100

34. Total seven AHs were included in the sample survey. Among the households considered in this analysis, all members of the households receive income from government support program and two receive their income from self-employment. Five households receive income from employment, and three households from pension. Total 32 APs were identified in the census; however, only seven were interviewed for the socio-economic survey. The employment status among the seven sampled adults shown in Table 11 indicates that three women are employed. One male is self- employed, and one woman is student. One woman and one man were pensioners. In most households, women are mostly employed at the government organizations and men are self-employed.


Table 11: Employment status among adult AP Employment Status Total Men Women Employed 3 0 3 Self-Employed 1 1 0 Student 1 0 1 Pensioner 2 1 1 Total 7 2 5 35. In a ranking exercise on household expenditure among the seven sampled households, the first ranked item was food. Clothing and heating fuel were ranked as the second and third most common expenditure items by most sampled households. There was little differentiation between expenditures reported by men and women. Most respondents gave mid level importance to expenditures related to medical, education and transportation (4-6), and electricity and house repairs (6-7), and low level importance to entertainment (8-9) and it was the lowest ranked expenditure, indicating that basic household necessities are priority expenditure items for all these households. All households indicated that they have enough food to eat everyday. The majority of households eat two and three meals each day, with one households eating between four meals per day. 36. The following data describes the status of living conditions and well-being among the seven affected households that completed the socio-economic survey. All seven households have electricity and a nearby water source. No households have a well in their fence. Responsibility for collecting water falls mainly to the men and children in the household. Two households reported using a modern stoves or electric stoves for cooking. Four households use a traditional piishin, using both wood and coal for cooking. One household also has a zuukh stove that uses wood and dung. All households rely on dual-purpose stoves to meet heating needs. The most common heating fuels are coal and wood and they are purchased at a shop that is more than 1km away for most. In three households men and in two households women are responsible for ordering and purchasing fuel. Children of two households are mostly responsible for cooking, heating homes and preparing woods. 37. In terms of household assets, one household owns five beds, two have three beds, and two have two beds and two have one bed. All households reported owning one TV. None of the surveyed household owns a radio. 3 households have a computer. Four households own vehicles such as truck and Sudan. 38. One of the households quarters a pig within their plot. All members of the household jointly participate in auxiliary facilities operation. 39. Members of affected households reported several incidents including kidney problems, high pressure and cough. The medical problems reported were a cough by members of BU001, BU006 and BU003 and a high pressure suffered by the one member of household BU002. Members of BU004 and BU005 suffered from kidney problems. The affected households surveyed seek medical care at government hospitals. Most affected households are within 1km of the health service they use, with one AP travelling a distance of 1.5km to access health services. They all use government hospitals and no AHs reported the use of home remedies or consultation of traditional medical practitioners. 40. All affected households report that walking is the most common means of transport to school and work. Adults report travel time of between five and 30 minutes when walking to work. Children walk between fifteen and 30 minutes to school. Monthly transportation costs ranged from MNT 10,000 to160,000 among the four AH providing data on expenditures. Two AH responded that


they do not spend any money on transportation and one AH responded that they do not know how much they spend on the transportation. AHs surveyed ranked transport as one of their top three expenditure items. 41. Men and women in the surveyed households have similar perceptions of gender roles (e.g. both men and women see the primary role of men as earning income). In the seven AHs surveyed, home-related decisions were taken jointly by wife and husband. 42. None of the seven AHs surveyed reported frequent major disputes in the community. Furthermore, all the surveyed adults indicated that crime did not occur in any form in the community. None of the sample respondents indicated any other conflicts or violence against women. None of the respondents are aware of any CBOs present in the community. 43. The APs were asked about their development needs and priorities. One AH stated that their priority was to have a better heating system and a direct water connection. In general, AHs were interested in improvements in hygiene by providing basic bathing infrastructure. 44. Among the positive impacts of the project both male and female respondents anticipate improvements to the quality of the water supply, as well as increased convenience in accessing water.

D. OBJECTIVES, POLICY FRAMEWORK AND ENTITLEMENTS

45. The objective of this LARP is to stipulate all relevant entitlements, procedures and compensation, relocation and rehabilitation measures due to the affected persons for the acquisition of land under the Bulgan subproject, while safeguarding their livelihoods. All provisions of this LARP are in accordance with the Land Acquisition and Resettlement Framework (LARF) for the Project. The policy framework and entitlements for the Project are based on the applicable Mongolian Laws4

and the ADB Policy on Involuntary Resettlement of 1995, as detailed in Sections D and E of the LARF. This section of the LARP for Bulgan summarizes the key policy framework provisions of the LARF and presents the entitlement framework for the Bulgan subproject. 46. Land acquisition and resettlement by the government for projects in urban areas, as opposed to national scale objects outside urban areas, is based on negotiation and contracts with affected persons according to the Civil Code of Mongolia. There is no right of eminent domain, but only negotiated land acquisition and resettlement. Article 1 of the Civil Code stipulates that the government and APs engage as equal and autonomous legal persons and participants in a civil legal relationship in the negotiation and conclusion of contractual agreements on the transfer of affected assets. 47. Article 101 sets out the right to possess, use and dispose of assets in the context of Contract Law as determined in Chapter 15 of the Civil Code. There are 3 modes of legal access to land in Mongolia, possession and use according to the Law on Land and ownership according to the Law on Allocation of Land, all of which involve licensing and registration by state authorities. Owners and possessors of land are entitled to transfer their land title or possession or user license, respectively, through a notarized contract within the provisions of the Law on Allocation of Land (Article 27) and the Law on Land (Articles 35 and 38). The transfer of licenses of possessors requires the approval of the governor of the soum or district. Lessees of land or structures are entitled to a 3 month notice of the termination of a lease according to Article 294.3 of the Civil Code. Non-titled occupants of land are deemed illegal and can be evicted under Article 27.4 of the Law on Land.

4 Civil Code of Mongolia, 2002; Law of Mongolia on Land, 2002, amendments 2003/04/05/06; Law on Allocation of Land to Mongolian Citizens for Ownership, 2003, amendments 2005/08


48. ADB’s Involuntary Resettlement Policy (IRP) recognizes negotiated LAR as long as there are willing and free buyers and sellers and eligibility and entitlements are clearly defined and agreed. By contrast to Mongolian Law, which does not recognize the eligibility of unlicensed APs, the IRP determines that ‘lack of title is no bar’, which implies that all APs are eligible for entitlements, as stipulated in the LARF for the Project, including licensed APs (owners, possessors or users), unlicensed APs (legalizable or non-titled occupants) and lessees. The eviction of unlicensed APs is a violation of the ADB IRP. Mongolia is in the process of privatization of land and encourages land ownership by Mongolian Citizens in areas designated for land allocation in Land Management Plans. Therefore, an unlicensed occupant of land in areas designated for land allocation is in principle legalizable. The Project Ger Areas in Aimag Towns and the Capital City are designated for Land Allocation. All APs who are unlicensed occupants of land in ger areas designated for land allocation are treated as legalizable under the LARF for UDSP (see below paragraph 41 items ii & iii). This clearly satisfies the fundamental rule of the IRP that ‘no AP should be worse off than without the project’. 49. The Mongolian Law and practice of LAR are at variance with the IRP in several regards: (i) compensation for affected land is based on a government compensation tariff, not market rates; (ii) a depreciation coefficient in the valuation of affected structures is applied; (iii) income and livelihood rehabilitation are not provided; (iv) transaction costs are not included in compensation payments; (v) project internal grievance procedures preceding dispute resolution by governors and the courts are absent; (vi) public consultation and information disclosure is not mandatory, nor widely practiced; (vii) the declaration of an eligibility cut-off date is lacking; and (viii) there are no limitations on commencement of civil works until after completion of all LAR procedures. 50. To establish a land acquisition and resettlement policy framework with clear eligibility and entitlement provisions for the Project which addresses the gaps between local laws or practice and the ADB IRP, the LARF determines a range of detailed measures in its section E. Applicable to the Bulgan subproject are the following: I. The Project will adopt a negotiated LAR practice involving contractual agreements negotiated between APs and the Land Administration Department on the basis of the Civil Code of Mongolia. The following safeguards will be observed: a. All compensation and allowances will be determined and paid or provided as specified in the contractual agreements.5

b. The APs, regardless of whether they are titled or non-titled, will not be served notices or demand letters regarding claims by the government to their properties.

c. All LAR related notification of APs and negotiation of agreements will be carried out by the Project staff and their government partners6 in individual as well as in public consultations with the APs. The process of notification and consultations is specified in sections F and H.

d. All agreements will be certified by a notary and registered with the State Administrative Authority in Charge of State Registration of Property Rights. The parties to the contracts will retain their own legal copies.

e. Adequate grievance redress mechanisms will be established. 5 If feasible, the provision of employment in Project civil works to poor and vulnerable APs, if they desire so, will be included in the contracts. 6 The key government partners are the officers of the Capital City or Aimag and District or Soum Land Administration Department and of the Property Relations Agency or other offices in charge of valuation of non-land immovable property.


f. Khoroo governors and land administrators shall assist in identifying, consulting, and formulating with APs and the Project staff special measures such as allocation of new plots and income restoration schemes for affected vulnerable persons.

II. All APs will be eligible for compensation and rehabilitation entitlements irrespective of their property status, including unlicensed occupants of land, and of the type of use of their property (residential, commercial, public or community7).

III. Unlicensed occupants of land in areas designated by GOM for past, present or future land allocation will be treated as legalizable APs and given ownership licenses for the remainder of partially affected land or, in the case of full loss of a plot of land, provided with replacement land and a license of ownership within 3 months of conclusion of a contractual agreement between the government and the AP. They will be registered with the State Administrative Authority in Charge of State Registration of Property Rights.8APs who lose all of their unlicensed land without remaining legalizable land left, but who have licensed land adjacent to the affected unlicensed land and are therefore ineligible for cash compensation, legalizable land or replacement land, will receive preferential treatment for temporary employment with contractors in the civil works construction activities of the subproject.

IV.Affected land will be compensated either at replacement cost based on market rates for comparable land or the applicable government compensation tariff, whichever is higher, or, in the case of full loss of a plot of land, with replacement land, including land preparation and restoration of utility services (electricity, water etc), as applicable. The District Land Administration Department will assist the APs to identify and approve the relocation plot. The loss of 50 percent or more of a plot is considered a full loss eligible for compensation for the entire plot, if the AP so desires.

V. Affected possessors, in case of partial loss of less than 50 percent of their land, will transfer their license for the affected plot to the GOM and retain the possessor license for the remaining plot. Their possessor licenses will not be cancelled or subject to automatic expiration. In case of a full loss of land they will be provided with a replacement plot and ownership licenses with state registration.

VI. Affected land users with the user’s licenses will provided with a replacement plot with new user’s license at the same location suitable for business activities or if possible and user wants, ownership license will be issued within 3 months after the contractual agreement is made. VII. All APs agreeing to receive replacement land or APs with pending license approval for ownership or possession or APs with possession licenses seeking ownership status, will be provided with ownership licenses within 3 months of conclusion of a contractual agreement between the government and the AP and will be registered with the State Administrative Authority in Charge of State Registration of Property Rights.

VIII. Affected structures9

will be compensated at replacement cost based on prevailing market rates for comparable types of structures without deduction of depreciation. Materials may also be salvaged by the APs.

IX. In cases of joint property ownership, the written notarized consent of the partners in a common property relationship or of an adult family member will be required. 7 Not applicable if the replacement of public structures (electricity, water supply lines, etc) is covered under civil works contracts. 8 In the unlikely case of occupation of land by an AP in an area not designated for allocation of land, the AP will be provided with ownership of a new plot in a designated area and given the necessary assistance. 9 Including houses, fences, sheds, latrines, garages and other immovable structures built on affected land.


X. Loss of income will be compensated through short-term financial compensation equivalent to the loss, i.e. for the period of interruption of business or employment. Vulnerable and poor households will also be provided with employment opportunities10

or other assistance.

XI. All relocation, transfer and transaction expenses (fees and duties) will either be waived by government or included in the contract price of the affected properties.

XII. The Project will establish an accessible and responsive project grievance procedure, as indicated in section F.

XIII. ADB IRP information disclosure and public consultation provisions will be observed, as indicated in section E.

XIV. An eligibility cut-off date will be set for each subproject with LAR impact at the time of the AP census and detailed measurement of affected land and property.

XV. The time periods between conclusion of a contractual agreement, with 75 percent payment of compensation, and the permanent acquisition of an affected asset, when the remaining 25% is paid, will be determined as follows: (i) Affected plot involving only the moving back of fences and acquisition of a portion of land, without housing structures11

(residential or business): within 2 months. (ii) Replacement plot with ownership license for full acquisition of entire plot, without housing structures: within 3 months. (iii) Acquisition of a partial plot with a housing structure, where the structure is to be rebuilt on the remaining plot: within 5 months. (iv) Full acquisition of entire plot with housing structure, where the structure is to be rebuilt on a replacement plot: within 6 months. (v) Temporarily affected plots will have fences removed and restored at the specific time of construction of pipelines at that location during the civil works period; 2 weeks notice will be given. (vi) Lessees must be given 3 months notice of termination of their lease in accordance with the Civil Code.

XVI. Civil works shall not commence unless all compensation, relocation and construction activities under section XV a – d have been completed and short-term financial assistance for loss of income has been paid.

XVII. In accordance with the IRP, the design and implementation of the subprojects under UDSP will make every effort to avoid and minimize land acquisition and resettlement impacts, including temporary impacts during construction.12

10 If the required skills are not available, the contractor will provide basic training to the employed APs. 11 Small structures (other than houses) can be rebuilt within the time periods stipulated for partial acquisition of otherwise empty land. 12 In case of, temporary disruption to services (local roads, water, electricity, telephone) these services will be restored within 48 hours or temporary alternative solutions to provide these services for the time of construction impact will be provided.


51. The application of policies, laws and regulations pertaining to LAR eligibility and compensation and rehabilitation entitlements for this Project are summarized in the Entitlement Matrix in Table 12. Each AP may experience a combination of the losses indicated in the first column. Each case must be investigated and determined carefully so that all possible losses of the AP are covered. Table 12: Entitlement Matrix Type of Loss Specification Eligibility Compensation Entitlements LAND (residential/ commercial/ public/ community)

Partial loss of plot (<50%)

Owner, possessor

Cash compensation at market rates or the government compensation tariff, whichever is higher, based on contractual agreement OR All taxes, registration and transfer costs are waived or included in compensation price

Legalizable occupant of land

Ownership license and State registration for remaining land will be provided by government13; All taxes, registration and transfer costs are waived or included in compensation price

Full loss of plot (=>50%)

Owner, Possessor

The AP may choose between the following alternatives: Land for land compensation through provision of replacement plot of comparable value and location as lost plot; Ownership license and State registration; OR Cash compensation at market rates or the government compensation tariff, whichever is higher, based on contractual agreement; All taxes, registration and transfer costs are waived or included in compensation price

Legalizable occupant of land losing all of land

Land for land compensation through provision of replacement plot of comparable value and location as lost plot; Ownership license and State registration; All taxes, registration and transfer costs are waived or included in compensation price

Legalizable occupant of land losing all unlicensed land but with adjacent licensed land

Preferential treatment for temporary employment during construction

STRUCTURES (residential/ commercial/ public/ community)14

Moving back of fences

Owner, possessor, legalizable occupant of land

The AP may choose between the following alternatives: Cash compensation for relocation of fence at market rate without deduction of depreciation, based on contractual agreement OR Replacement/reconstruction of the fence by the Project owner/contractor

13 If the unlicensed AP has occupied more than 700m2 of land (the legal allocation limit per person), the balance land, if any, may be either owned and registered in the name of a family member or bought from the government at the government land tariff. A landowner already owning 700m2 may acquire the balance land as additional possessed land. 14 ‘‘Residential’ refers to any structure used as a private dwelling, including houses and gers. ‘Commercial’ refers to any structure used for business and manufacturing activities, including small shops, factories, offices, workshops and garages.


Type of Loss Specification Eligibility Compensation Entitlements Alteration to

structure


Cash compensation for lost part of structure and reconstruction of remaining structure at market rate without deduction of depreciation, based on contractual agreement

Full loss of structure and/or relocation


Cash compensation for replacement of lost structure at market rate without deduction of depreciation, based on contractual agreement

Businesses Any business loss due to LAR or construction activities by Project

All APs so affected

Cash compensation equal to income during interruption period to be included in contractual agreement

Other provisions

Specification Eligibility Compensation entitlements

Relocation Transport/ transition costs

All APS to be relocated

Provision of allowances to cover transport costs on actual cost basis at current market rates; to be included in contractual agreement Assistance to find an alternative plot or to find comparable house to rent, as applicable

Vulnerable APs (as stated in items 8 & 57)

Permanent loss of livelihood

All APs to be relocated

Preferential employment in project-related workforce Short-term cash assistance up to a maximum of six months at guaranteed lowest living level and assistance in reconstitution of business or employment

Loss of land

All APs to be relocated

Assistance with preparation of contracts and administrative process of land transfer Preferential treatment for temporary employment during construction

Loss of structure

All APs entities to be relocated

Assistance with house and other construction activities (minimum standard guaranteed), registration of property titles, relocation expenses, minimum housing guarantee

Temporary disturbance through construction

All affected HHs/Entities

Avoid, minimize or mitigate as quickly as possible

Unidentified Losses

Unanticipated impacts

All affected HHs/Entities

To be identified during subproject implementation (particularily related to temporary disturbance toland users and lessees); Measures will be formulated as appropriate according to the LARF and ADB policy and reported to ADB prior to implementation

E. CONSULTATION AND PUBLIC PARTICIPATION

52. APs must be fully informed, closely consulted, and encouraged to participate in any decision making pertinent to land acquisition and resettlement, including the final design of infrastructure facilities, preparation of contractual agreements, determination of prices for assets to be transferred, selection of replacement plots and the restoration of livelihoods. 53. In 2011, individual consultations have taken place with APs along the Bulgan subproject’s water supply pipelines ROW at the time of field verification and identification of LAR scope based on the detailed technical design of the water supply pipe lines and of census taking and enumeration of the socio-economic survey. APs were involved in discussions about opportunities to avoid and


minimize LAR impact, especially, to protect continuance operations of the surrounding small businesses. The majority of APs expressed their appreciation of the subproject and willingness to give up small portions of their properties for compensation to facilitate the construction of the water supply and sewage facilities. 54. The draft LARP for the Bulgan subproject was disclosed at a community meeting attended by total 8 APs in Bulgan – Meej LLC office on 14 September 2011. The APs were provided with a Mongolian translation of the LARP. The legal framework under the Project LARF, the compensation entitlements and the grievance and monitoring procedures were reviewed and discussed. After clarification of many concerns among APs, the majority of APs concurred with the compensation strategy indicated in this LARP. The APs were grateful for the compensation. Because there was no incident implementing LAR and compensating in the Bulgan aimag. Final LARP will be disclosed to the APs in a consultation meeting in April 2012. 55. Individual consultations to prepare and conclude contractual agreements have been ongoing from 21 June 2011 and will continue until all contracts are agreed and signed. The LAR specialists of PMU are supporting LRCUDD and the APs to accomplish the agreements as well as the legalization of unlicensed land. After approval of the final LARP by ADB and GOM, it will simultaneously be disclosed to the APs in a public meeting in Mongolian and published on the ADB website. At the meeting the date, time and venue of disbursement of agreed property transfer prices and other compensation or entitlements will be announced. 56. Additional individual and public consultation meetings will be held throughout implementation of the LARP as required to address any issues. The attendance sheets for AP consultation meetings held during 2011 are provided in Annex 4.

F. GRIEVANCE REDRESS MECHANISM

57. A grievance action form (GAF) to log and follow up AP grievances has been designed (see Annex 5). The Working Group (WG) for the Bulgan subproject, the key institution in the grievance redress process, was formed on 18 August 2011 under Resolution A/327 of the Governor of Bulgan Aimag (Annex 7). 58. For the Bulgan Improvement of Basic Urban Services subproject, the subproject Working Groups will serve as the initial committee for grievance redress and will provide a forum `for raising objections and holding discussions to resolve conflicts. An aggrieved AP may submit grievances to any member of the Working Group, who will log a complaint in the GAF and request the chairman to call a meeting, where it will be presented, addressed and resolved within 1 week. The subproject Working Group will record its deliberations and inform the concerned parties within the same week of its findings and recommendations and present these to the Aimag and Soum Governors for action. If the grievance is not resolved within 2 weeks from its lodging, the grievance will be submitted to the Land Administration Department by the Working Group member of LAD and its resolution is recommended to the Aimag Governor for approval and action within 1 more week. If still unresolved within another week the Aimag Governor will seek to resolve the issue and initiate action within another week. If the preceding actors cannot resolve the grievance, it is referred to the court system. Mongolian law and the ADB IRP will guide all decisions. APs and NGOs/CBOs operating in the area shall be actively involved in all stages of the grievance redress procedures. The grievance redress mechanism will include the following steps:


Table 13: Grievance mechanism for Bulgan Subproject

Steps Actors / Actions Timing

1

AP lodges grievance with Working Group (WG) member 1 week

WG prepares grievance redress form and calls for WG meeting

WG addresses grievance, informs AP and proposes resolution to Governor

Governor initiates action for resolution. 1 week

If grievance is not resolved

2

WG LRCUDD member submits grievance to LAD 1 week

LRCUDD addresses grievance, informs AP and proposes resolution to Aimag Governor

Aimag Governor initiates action for resolution 1 week


3 Aimag Governor addresses grievance and initiates action for resolution. 1 week


4 Grievance is referred to court system Open

G. INSTITUTIONAL FRAMEWORK

59. In the improvement of basic urban services component, the Working Group for the Bulgan subproject is responsible for the implementation of this LARP. Supported by the PMU, the supervision specialist of “Bulgan – Meej” LLC assists the Working Group and ensures resettlement safeguard compliance and submission of a satisfactory LARP to PMU and ADB for review and approval prior to any land acquisition or resettlement and the commencement of civil works. 60. A short-term workshop on ‘Land Acquisition and Resettlement in the Implementation of ADB Financed Urban Development Projects in Mongolia for Key Stakeholders of the Urban Development Sector Project’ was held at with administrative and employees of “Bulgan-Meej” LLC on 26 January 2011 and handed out the manuals. In addition, the meeting was held at Bulgan LRCUDD director’s office with WG members and LAD concerned officers on 21 June 2011. The participants were trained on the legal framework of the project, including applicable Mongolian Laws, ADB IRP and the UDSP LARF, and the steps of the process of LARP preparation and implementation. 61. The main activities of the WG include the following:

• Participation in public consultation meetings.

• Timely follow up of grievances according to grievance redress mechanism (Section F).

• Information to and updating of APs on the implementation schedule and other LAR related activities requiring AP participation.

• Assistance to APs in preparing all the necessary documents pertaining to the preparation of contractual agreements and payment of compensation, i.e. licenses of possession or ownership and transfer agreements for land.


• Information to APs about the schedule of payments, relocation arrangements, if any, and the commencement of civil works once the compensation and entitlement estimates have been completed for each AP.

• Validation of the inventory of affected assets, and negotiation of contractual agreements with the affected households.

• Information of the APs about the date, venue, and time of the payment of agreed property transfer prices and other compensation or entitlements after negotiation and conclusion of notarized agreements.

• Provision of an updated land management map prepared by the city or aimag Land Administration Department.

• The LAD will review all lands possible to be owned/possessed by relocable APs and support land ownership process for APs.

• Aimag/soum Governor will review and resolve the applications for land allocation within 3 months, as specified by law, and issue orders allocating lands to the APs.

• Facilitation of the process of consolidation, review, approval and allocation of compensation for the subproject’s APs by the Aimag land administration and governor, as well as the MRTCUD.

• Authorize use of funds from contingency.

• Determine unidenfied affected person.

62. The PMU, together with the Bulgan Meej LLC, is responsible for adequate monitoring and supervision of the implementation of the LARP and the resulting impacts on APs. The PMU will be responsible for reporting the progress in implementing the LARP to the MRTCUD and ADB

H. COMPENSATION AND REHABILITATION STRATEGY

63. This section presents the compensation strategy for each type of loss - i.e. land and structures - as well as transaction and relocation costs. The particular circumstances of some APs are also explained. The measurements and compensation rates used are based on the DMS and applicable government rates expressed in unit rates for land, as provided by the Land Relations, Construction and Urban Development Department (LRCUDD) of Bulgan Aimag, and the DMS and market rates (without depreciation for age) expressed in unit rates for structures, as provided by the “Besge” company’s qualified property valuation consultant. The documentation received from the LRCUDD and the valuation specialist can be found in Annex 8. A detailed account of the LAR impact and compensation of losses for each individual AP is presented in Table 14. 64. The compensation of affected land will be carried out as follows:

• Seven owners/possessors (affected household identification numbers BU001 - BU007) of affected land totaling 321.6m2 will be compensated at the current market rate of MNT 3,600 per m2 for Bulgan. The total cost of compensation for this land will amount to MNT 1,157,760.

65. The compensation of affected structures will be carried out as follows:

• BU002 will receive compensation for the affected apartment of 19,2 m2 at a unit rate of MNT 274,054 for a total of MNT 5,261,837. The AP will be compensated for the loss of one wooden shed of 7,04 m2 at a unit rate of MNT 91,351 totaling to MNT 643,111.


• BU002 will receive compensation for the block garage of 20,16 m2 at a unit rate of MNT 174,146 for a total of MNT 3,510,783.

• Two APs (BU001 and BU004) losing open pit wooden latrines will be compensated at the at the current market rate for material, transportation and labor of MNT 221,296 per latrine. Total compensation will amount to MNT 442,592.

• Seven APs (BU001 - BU007) whose wooden fences totaling 202,4m will need to be removed and rebuilt at their new property boundaries will be compensated at a market unit rate of MNT 8,950 per running meter, amounting to a total of MNT 1,811,480.

• One concrete foundation of 22,8m will need to be removed and rebuilt at the new property boundary will be compensated at a market unit rate of MNT 25,000 per running meter, amounting to a total of MNT 570,000.

• One basketball hoop will need to be removed will be compensated amounting to a total of MNT 45,000.

• BU008 will receive compensation for the concrete square of 28, 2 m2 at a unit rate of MNT 11,269 for a total of MNT 324,547.

• BU009 will receive compensation for the veener of 27, 5 m2 at a unit rate of MNT 13,607 for a total of MNT 374,193.

• BU009 will receive compensation of MNT 100,000 for the relocation of his one advertisement board.

66. The compensation of business lossess will be carried out as follows:

• Two APs (BU008 and BU009) whose grocery store businesses will be affected will be compensated at the rate of MNT 120,000/day totaling to MNT 840,000 each for the anticipated seven days. The rate represents the average revenue per day generated by the business.

67. Two APs moving their latrines will be compensated for the disinfection of the latrines at MNT 30, 000 each totaling to MNT 60,000.

68. Compensation for transaction costs will be carried out as follows:

• For notary services for 5 AP with contract values up to MNT 1 Million at a unit rate of MNT 5,000 the project will pay a total of MNT 25,000. For notary services for 4 AP with contract values MNT 10 Million at a unit rate of MNT 10,000 the subproject will pay a total of MNT 40,000. Totally, the project will pay MNT 65,000 for notary services.

• For the detailed measurement of the lands, renewal of the licenses and preparation of cadastral maps at a unit rate of MNT 35,000 the project will pay a total of MNT 490,000. Cadastral maps for total seven AH will be prepared total two times (after and before the land aquisition).

• For service fees for 7 ownership/possession licenses, the project will pay each of MNT 3,500 totaling to MNT 24,500.

• For property rights registration for ownership and possession licenses for 7 AP households, the project will pay total MNT 80,500 at a unit rate of MNT 11,500.

69. Vulnerable APs have been identified as members of a household either (i) with income below the poverty line of MNT 105,100 monthly per capita income or (ii) with elderly or disabled heads of household and there are four vulnerable households. Vulnerable APs, i.e. any interested


adult family member who is at working age15, will receive preferential treatment for temporary employment in the civil works construction activities of the subproject.16

15 Adult member of families aged between 18-65 16 A Temporary Project Employment Scheme Form has been designed to ascertain APs’ interest in participating in this scheme and to plan their deployment according to the skills and experience indicated in the form (see Annex 6).


Table 14: List of affected persons and assets with compensation strategy of Bulgan Basic Urban Services Improvement Subproject

ID No

Name of affected entity or head of

household

Affected land (m2)

Property status of

affected land

Compensation of

affected land (MNT)

Total licensed land (m2)

Total unlicen

sed land (m2)

Total land (m2)

Affected

land as

proportion of total land (%)

Type of affected

structure(s)

Size of affected structure

m/m2

Unit cost

(MNT)

Compensation of affected structures (MNT)

BU001 D. Lkhagvajav 124 Licensed 446,400 1225 - 1225 10.1

Wooden fence 32.m 8,950 294,455

Latrine 1 pcs 221,296 221,296

Basketball hoop

1pcs 45,000 45,000

BU002 D. Gantumur 11.4

Licensed 41,040 1010 - 1010 1.1

Wooden fence 16,2m 8,950 144,990

House 19,2 m2 274,054 5,261,837

Shed 7.04 m2 91.351 643,111

BU003 Ch. Narantsetseg 6.4 Licensed 23,040 1059 - 1059 0.6 Wooden fence 6,8m 8,950 60,860

BU004 D. Davaasuren 52

Licensed

187,200 869 - 869 5.98

Wooden fence 35,7m 8,950 319,515

Latrine 1pcs 221,296 221,296

Гараж 20,16 m2 174,146 3,510,783

BU005 M. Shirnen 44.5 Licensed 160,200 840 - 840 5.3 Wooden fence 34,8m 8,950 311,460

BU006 G. Bat-Ouyn 64

Licensed 230,400 - 463 463 13.8

Wooden fence 38m 8,950 340,100

House foundation

22,8m 25,000 570,000

BU007 B. Terguunbayar 19.3 Licensed 69,480 524 - 524 3.68 Wooden fence 38m 8,950 340,100

BU008 Achuut 11 Unlicensed No cash

compensation 507 49.8 556.8 2

Concrete improvement

28,8 11,269 324,547

BU009 S. Zorigtbaatar 11 Unlicensed No cash

compensation 391 55.8 446.8 2,5

Concrete improvement

27,5 13,607 374,193

News board 1pcs 100,000 100,000


Table 15: List of affected persons and assets with compensation strategy of Bulgan Basic Urban Services Improvement Subproject

ID Number

Compensation of Transaction Costs (MNT)

Total Annual HH Income, all sources (MNT)

Days of Business

Loss

Compensation of Business Loss (MNT)

HH Size

Per Capita

Per Month Income (MNT)

Vulnerable HH

Compensation of Relocation

(MNT)

BU001 95,000

2,916,000 - - 4 60,750 Yes -

BU002 95,000

10,392,000 - - 6 144,333 No -

BU003 90,000

6,816,000 - - 8 71,000

Yes -

BU004 95,000

2,196,000 - - 3 61,000

Yes -

BU005 90,000

3,492,000 - - 3 97,000

Yes -

BU006 95,000

5,808,000 - - 4 121,000 Үгүй -

BU007 90,000

No data - - No

data - No data -

BU008 5,000

35,8080,000 7 840,000 - - No -

BU009 5,000

29,076,000 7 840,000 4 605,750 No -


Table 16: Transaction costs of compensation strategy of Bulgan Basic Urban Services Improvement Subproject

ID Number Notary Fee Cadastral Map Service Fees

Property Rights Registration

Total

BU001 10,000

70,000 3,500 11,500 95,000

BU002 10,000

70,000 3,500 11,500 95,000

BU003 5,000

70,000 3,500 11,500 90,000

BU004 10,000

70,000 3,500 11,500 95,000

BU005 5,000

70,000 3,500 11,500 90,000

BU006 10,000

70,000 3,500 11,500 95,000

BU007 5,000 70,000 3,500 11,500 90,000

BU008 5,000 - - - 5,000

BU009 5,000 - - - 5,000

65,000 490,000 24,500 80,500 660,000


I. LAR BUDGET, FINANCES AND DISBURSEMENT

70. Table 17 shows the budget for LAR in the Bulgan subproject, based on the compensation strategy discussed in Section H. It provides the unit rates applied in MNT and USD, based on the DMS and valuations of the LRCUDD and a property valuation specialist (Annex 8), the number of units affected and the compensation and relocation costs in MNT and USD. The valuation of land is based on government unit rates, as these are higher than local market rates. The valuation of structures is based on market rates for material, labor, transport and taxes without depreciation for the age of structures, as determined by the valuation specialist of “Besge” company. Transaction costs have been indicated by officers of the LRCUDD and the LAR specialist of the PMU. Business loss costs are based on the income estimates of the APs, who do not keep records of their earnings. The cost of administration (stationary, computer consumables, secretarial services, etc.) has been determined at 4 percent of the cost of compensation and relocation (items 1-6, Table 17). The contingency cost at 10 percent of the cost of items 1 to 7 is intended to cover unanticipated impacts and costs arising during LARP implementation. Table 17: Budget for Land Acquisition and Resettlement in the Bulgan Basic Urban Services Improvement Subproject 1$=MNT1,338.24

Asset Type Unit Unit Rate Number of Units MNT USD MNT USD 1. Land Residential and Commercial

m2 3,600 2,69 321,6 1,157,760 865,14

Subtotal 1,157,760 865,14 2. Structures Apartment m2 274,054 204,79 19,2 5,261,837 3931,9 Wooden fence (move) m2 8,950 6,69 202,4 1,811,480 1353,63 Shed m2 91,351 68,26 7,04 643,111 480,56 Block garage m2 174,146 130,13 20,16 3,510,783 2623,43 Concrete foundation m 25,000 18,68 22,8 570,000 425,93 Basketball hoop pcs 45,000 33,63 1 45,000 33,63 Advertisement board pcs 100,000 74,72 1 100,000 74,72 Latrine шpcs 221,296 165,36 2 442,592 330,72 Concrete square m2 11,269 8,42 28,8 324,547 242,52 Veneer m2 13,607 10,17 27,5 374,193 279,62 13,083,543 9776,68 3. Transaction Costs

Notary Fees (1) Lump sum 5,000 3,74 5 25,000 18,68

Notary Fees (2) Lump sum 10,000 7,48 4 40,000 29,89

Cadastral map survey Lump sum 35 000 26,15 14 490,000 366,15

Service Fees Lump sum 3,500 2,61 7 24,500 18,30

Property Rights Registration

Lump sum 11,500 8,59 7 80,500 60,15

Subtotal 660,000 493,18 4. Temporary Business Disruption Business loss (2 AP) Days 120 000 89,67 14 1,680,000 1,255,38

Subtotal 1,680,000 1,255,38 5. Structure Valuation Fee for valuation of Lump 669,120 500 1 669,120 500


structures sum Subtotal 669,120 500

6. Disinfection Disinfecting latrine pcs 30,000 22,42 2 60,000 44,84

Subtotal 60,000 44,84

7. Administration 4% of 1-6

692,416.9 517,4

8. Contingencies 10% of 1-7

1,800,284 1,345.26

GRAND TOTAL 19,803,123.9 14,797.9

71. The Grand Subtotal entails costs incurred for compensation of land, structures, transaction costs, business losses and relocation, as well as administration and supervision and contingencies. This cost will be covered by the State Government (MRTCUD) budget as indicated in the Detailed Cost Estimate and Financing Plan of the Project RRP and will be transferred to the PMU. The PMU will allocate property evaluation payment of “Besge” property evaluation company located in UB to its bank account and other costs of relocation expenses and compensation payment to the Bulgan Aimag Government before LARP implementation, which will be directly deposited to the bank account of the Bulgan Aimag LRCUDD for disbursement. LRCUDD will prepare a resolution for disbursement of compensation and rehabilitation funds for approval by the Governor of Bulgan Aimag. The cost for external monitoring and evaluation will be covered from Project loan funds and managed by the PMU for the entire Project. 72. The Bulgan PIU (“Bulgan – Meej” LLC) will work with the Bulgan Aimag LRCUDD to manage the process of formal contractual agreements with APs and disbursement of compensation. After having concluded contractual agreements about the transfer of affected assets from the APs to the government, the Bulgan Aimag LRCUDD will consolidate all financial commitments of the contracts and refer these to the PIU and PMU. The PMU will initiate the transfer of funds to the LRCUDD. Payment of 75% of compensation will be made within 1 month of the time of conclusion of contractual agreements. The remaining 25% will be paid at the time of vacating of the affected assets.17

Disbursement will be carried out in the office of the Bulgan PIU (“Bulgan – Meej” LLC). No land will be acquired by the government or handed over to the PIU for commencing construction works without full payment of compensations due to the APs. However, in case of a dispute, the agreed amount of compensation will be pledged in the names of the concerned APs, pending a resolution through the grievance mechanism or decision by the courts. In such cases, the Project will hold all construction works at the disputed property until the final settlement of the case, but may commence civil works at all undisputed locations.

J. MONITORING AND EVALUATION

73. Monitoring of compliance with the LARP and the LARF during implementation is carried out by the Bulgan PIU (Bulgan-Meej LLC) together with the PMU, as well as by an external monitoring agency (EMA), that has been engaged by the PMU.

i. Internal Monitoring

74. The Bulgan “Bulgan – Meej” LLC conducts its own internal monitoring of LARP implementation and submits monthly reports to the PMU. The PMU includes the results of internal LAR monitoring in its quarterly reports to the ADB.18

The Project mid-term review will include a separate section on the progress of LARP implementation. Upon completion of LAR activities in the

17 An exception will be made in the case of alteration or construction of houses and other structures, when the first payment of compensation proves insufficient. The RPIC or Working Group will approve the release of the remaining 25 percent or part thereof to ensure timely completion of alterations or construction. 18 As and when necessary to report significant progress, implementation issues, or status of earlier identified problems.


Bulgan subproject, the Bulgan Aimag Government will prepare a resettlement completion report for submission to ADB. Table 18 provides the format for the monthly LAR monitoring reports. 75. The objectives of internal monitoring are to ensure:

i. Proper execution of responsibilities of key stakeholders;19

ii. Protection of the rights of APs under Mongolian laws, ADB IRP, the LARF and this LARP;

iii. Adequate and prompt payment of compensation; and

iv. Timely grievance redress.

Table 18: Internal Monitoring Form Subproject site

Bulgan city

Total no. of AP households (HH)

9

LAR Activities

Quarter Comments

1 2 3 4 5 6 Part A. Preparation/Procedural steps Identification of LAR scope (�)

Field verification and modification of technical design (�)

Formation and meetings of WG (�)

Approval of technical design (�)

Notification of individual APs and of cut-off date

Land and valuation surveys (�)

Census (no. AP HH)

Socio-economic survey (no. AP HH)

Preparation of draft LARP (�)

AP consultation: disclosure of draft LARP (no. AP HH)

19 City Government of Ulaanbaatar, Aimag Governments, DOR, Land Administration Department, Property Relations Agency, Citizens Representative Khural of Capital City or Aimags as well as of Districts and Soums, District/Soum Governor, Khoroo/Bagh Governor, RPIC, PMU, PIU, CBO and NGO, AP representatives.


Finalization of LARP (�)

AP consultation: disclosure of final LARP (no. AP HH)

Endorsement by the Bulgan aimag government and MRTCUD (�)

ADB review and approval (� )

Disclosure of approved LARP on ADB website and in AP community (�)

Part B. Implementation Conclusion of contractual agreement (no. AP HH)

Payment of compensation price for assets (no. AP HH)

Acquisition of land and other assets (no. AP HH)

Commencement of civil works (�)

76. In addition, the Audit Department of the Bulgan Aimag Government will independently audit and monitor the agencies involved in the land acquisition and resettlement process, based on relevant laws and regulations. The PMU and the Bulgan “Bulgan – Meej” LLC, will periodically review audits, and report any irregularities to ADB, to allow early identification and resolution of problems encountered.

ii. External Monitoring and Evaluation

77. The main objective of external monitoring and evaluation is independent concurrent and ex-post evaluation of LAR in the Project as a whole to (i) assess the effectiveness, impact and sustainability of LAR measures, (ii) determine whether safeguard compliance has been met, and (iii) learn strategic lessons for future policy formulation and planning. The PMU will be responsible for engaging an EMA, which will investigate and assess LARP implementation in each subproject, including Bulgan, over a three year period and regularly report to the PMU and ADB. The EMA will have a total of 5 inputs (Baseline, 6 months, 12 months, 24 months and 36 months) at 8 subproject sites. The TOR is included in Annex 4 of the LARF. 78. External monitoring will be carried out biannually during the implementation of LARPs and its results will be reported to the PMU and ADB in semi-annual reports at the end of each input. The resettlement specialists of the project implementation consultant’s team will review and discuss the external monitoring design with the EMA. The external monitoring process will include the following:

• Review and verification of the internal monitoring reports of PMU;


• Review and augmentation20 of the socio-economic baseline surveys, if necessary;

• Identification and selection of impact indicators;

• Impact assessment through quantitative and qualitative surveys;

• Assessment of whether compensation was adequate to replace losses;

• Assessment of business losses and whether compensation was adequate;

• Assessment of whether replacement plots were adequate and provided in time;

• Assessment of adequate relocation and rehabilitation of households;

• Assessment of whether measures for vulnerable APs were adequate;

• Assessment of living standards/incomes of APs before and after the Project;

• Assessment of APs degree of satisfaction with resettlement implementation;

• Assessment of the effectiveness, efficiency, impact and sustainability of LAR;

• Assessment of compliance with local laws, ADB's IRP and the LARP;

• Assessment of consultation with local stakeholders

• Recommendation of LAR process modification and adaptation measures;

• Lessons learned for future resettlement policy formulation and planning; and

• All data collection and analysis will be gender disaggregated.

79. Among the key indicators will be the following21:

(i) Socio-economic post-resettlement conditions of APs;

(ii) Impact of LAR on women, children, elderly, the poor and other vulnerable groups;

(iii) Degree of support for and post LAR status of affected vulnerable households;

(iv) Perceptions of the APs regarding the LAR process implementation;

(v) Participation and involvement of APs in LARP implementation;

(vi) Effectives and fairness of valuation, compensation assessment and disbursement;

(vii) Implementation and effectiveness of income restoration measures;

(viii) Effectives and fairness of grievance redress mechanisms;

(ix) Level of satisfaction among APs in the post-resettlement period; and

(x) Adequacy of resettlement funds and results of financial audits.

80. The EMA will carry out post-implementation evaluation on the basis of the socioeconomic baseline surveys 1 and 2 years after the completion of LAR activities in each subproject, to ascertain whether the subproject was able to implement the objectives and provisions of the LARP. In case of a short-fall the EMA will recommend remedial measures.

20 The external monitor will review the LARPs to ensure they contain adequate baseline data; otherwise, the monitor should conduct further baseline investigations prior to commencement of resettlement. 21 The ADB ’Handbook on Resettlement, A Guide to Good Practice’ and ‘Handbook for Incorporation of Social Dimensions in Projects’ will be consulted.


Annual evaluation reports will be submitted to the PMU, MRTCUD and ADB at the end of each input.

K. IMPLEMENTATION SCHEDULE

81. The implementation schedule indicating the timeline for activities in the design and implementation of the Bulgan subproject LARP is shown in Table 19. Table 19: LARP Implementation Schedule for the Bulgan Subproject LARP ACTIVITIES 2011 2012

04 05 06 07 08 09 10 11 12 0

1 02 03 04 05 06 07

Identification of LAR scope

Field verification and modification of technical design

Formation and meetings of WG

Approval of technical design

Notification of individual APs and of cut-off date

Land and property measurements and valuation surveys

Census and socio-economic survey, and identification of vulnerable persons/HHs

Preparation of draft LARP

AP consultation & disclosure of draft LARP

Revision of draft LARP

AP consultation: disclosure of revised draft LARP

Endorsement by MRTCUD & Bulgan Aimag Government

ADB review and approval

Disclosure of approved LARP on ADB website and in AP community

Funding for LAR compensation

Conclusion of contractual agreements

AP consultation: modalities / timing

Disbursement of compensation

Acquisition of land and other assets

Commencement of civil works

Internal Monitoring

External monitoring and evaluation*

Ba

se s

urv

ey

1st M

&E

Land Acquisition and Resettlement Plan for Bulgan Basic Urban Services Improvement Sub project

ANNEX 1: Detailed Technical Design Map for LAR


ANNEX 2: PUBLIC NOTICE OF CUT-OFF DATE FOR BULGAN SUBPROJECT


Notice to the Residents of the Ger Area of Bulgan aimag

Within the framework of the Urban Development Sector Project funded by the Asian Development Bank it is planned to construct water supply and sewage pipelines in the ger area of Bulgan aimag centre. Under the ADB Resettlement Policy of 1995, new settlement and construction of new structures of the residents with properties (land and immovable structures) in the Right of Way of the pipeline and thus directly affected by land acquisition for its construction will be stopped and a cut-off date is being declared as of 21 June, 2011. Eligibility of persons and households will only be granted for their affected land and structures located in the Right of Way of the pipeline before the cut-off date. Any persons moving into and occupying land in the Right of Way of the pipeline on or after 21 June, 2011, will not be eligible for compensation, relocation and rehabilitation measures by the project. Alterations to affected land and structures or construction of new structures in the Right of Way of the pipeline undertaken on or after 21 June, 2011 will not be eligible for compensation, relocation and rehabilitation measures by the project. The Affected Persons eligible for benefits under the ADB Policy will be contacted by staff of the Land Relations, Construction and Urban Development Department of Bulgan Aimag and of the UDSP over the coming weeks and consulted throughout the land acquisition and resettlement process.

DIRECTOR OF LRCUDD OF BULGAN AIMAG D. TSERENDORJ


ANNEX 3: NOTICE OF BULGAN LRCUDD TO AFFECTED PERSONS

БУЛГАН АЙМГИЙН ГАЗРЫН ХАРИЛЦАА, БАРИЛГА, ХОТ БАЙГУУЛАЛТЫН ГАЗРЫН МЭДЭГДЭЛ

Дугаар: _________________________________________________ ____ он ____ сар ____өдөр Хэнд: __________________________________________ Хаяг: ______________________________________________________________________________________

МУ-ын Засгийн газрын шийдвэрийн дагуу, Азийн Хөгжлийн Банк /АХБ/-ны хөнгөлттэй зээлээр хэрэгжиж буй

“Хот байгуулалтын салбарын МОН2301 төсөл ” нь Булган аймгийн төвийн ___________________ -багт цэвэр

усны шугам барих юм. Дээр дурьдсан төслийн шугамын трасс дээр таны өмчилсөн/эзэмшсэн дараахь

газар/байгууламж байрлаж байгаа бөгөөд газар чөлөөлөлт, нүүлгэн шилжүүлэлтэнд өртөнө гэдгийг Таньд

албан ёсоор мэдэгдэж байна. Үүнд:

1. _______________________________________ 2. _______________________________________

3. _______________________________________ 4. _______________________________________

Аймгийн Газрын албаны ажилтнууд, Төсөл Удирдах Алба /ТУА/-ны нүүлгэн шилжүүлэлтийн мэргэжилтнүүд

тантай биечлэн уулзана. Мөн нөлөөлөлд өртсөн бүх иргэдтэй “Газар чөлөөлөлт ба нүүлгэн шилжүүлэлтийн

төлөвлөгөө” болон төсөлтэй холбогдолтой бусад асуудлын талаар ярилцахаар зөвлөлдөх уулзалтуудыг

зохион байгуулна.

БУЛГАН АЙМГИЙН _____________________________________ ГХБХБГ-ЫН ДАРГА Гарын үсэг ____________________________________________________________________________________

БУЛГАН АЙМГИЙН ГАЗРЫН ХАРИЛЦАА, БАРИЛГА, ХОТ БАЙГУУЛАЛТЫН ГАЗРЫН

МЭДЭГДЭЛ Дугаар: _____________________________________________ ____ он ____ сар ____өдөр Хэнд: __________________________________________________

Хаяг: _____________________________________________________________________________________

МУ-ын Засгийн газрын шийдвэрийн дагуу, Азийн Хөгжлийн Банк /АХБ/-ны хөнгөлттэй зээлээр хэрэгжиж буй

“Хот байгуулалтын салбарын МОН2301” төсөл нь Булган аймгийн төвийн ___________________ -багт цэвэр

усны шугам барих юм. Дээр дурьдсан төслийн шугамын трасс дээр таны өмчилсөн/эзэмшсэн дараахь

газар/байгууламж байрлаж байгаа бөгөөд газар чөлөөлөлт, нүүлгэн шилжүүлэлтэнд өртөнө гэдгийг Таньд

албан ёсоор мэдэгдэж байна. Үүнд:

1. _______________________________________ 2. _______________________________________

3. _______________________________________ 4. _______________________________________

Аймгийн Газрын албаны ажилтнууд, Төсөл Удирдах Алба /ТУА/-ны нүүлгэн шилжүүлэлтийн мэргэжилтнүүд

тантай биечлэн уулзана. Мөн нөлөөлөлд өртсөн бүх иргэдтэй “Газар чөлөөлөлт ба нүүлгэн шилжүүлэлтийн

төлөвлөгөө” болон төсөлтэй холбогдолтой бусад асуудлын талаар ярилцахаар зөвлөлдөх уулзалтуудыг

зохион байгуулна.

Мэдэгдэл хүлээн авсан: ___________________________________ ___________________________________ Гарын үсэг Хаяг/Утасны дугаар: ________________________________________________________________________


LAND RELATIONS, CONSRTUCTION AND URBAN DEVELOPMENT DEPARTMENT OF BULGAN AIMAG NOTIFICATION

Number: ________________________ ____ year ____ month ____day To: __________________________________________________ Address: __________________________________________________

In ccordance with the decision of the Government of Mongolia the Urban Development Sector Project (UDSP) will

construct __________________________________________ in Bag____________________________________ of

Bulgan with financial support from the Asian Development Bank (ADB). You are hereby officially notified that the

following land owned/possessed by you and structures thereupon are located in the Right of Way (ROW) of the above

mentioned project and will be affected by land acquisition and/or resettlement:

1. _______________________________________ 2_______________________________________

3. _______________________________________ 4._______________________________________

Land officers from the Land Administration Department and land acquisition and resettlement specialists from the

Project Management Unit (PMU) will visit you are at your residences or businesses and also hold several consultation

meetings with all affected persons to discuss the Land Acquisition and Resettlement Plan and other related issues for

your area.

DIRECTOR OF THE _____________________________ _____________________________________ LAND ADMINISTRATION DEPARTMENT Signature Phone number:

________________________________________________ LAND RELATIONS, CONSRTUCTION AND URBAN DEVELOPMENT DEPARTMENT OF BULGAN AIMAG

NOTIFICATION

Number: _________________________ ____ year ____ month ____day To: __________________________________________________ Address: __________________________________________________

In accordance with the decision of the Government of Mongolia the Urban Development Sector Project (UDSP) will

construct __________________________________________ in Bag____________________________________ of

Bulgan aimag with financial support from the Asian Development Bank (ADB). You are hereby officially notified that the

following land owned/possessed by you and structures thereupon are located in the Right of Way (ROW) of the above

mentioned project and will be affected by land acquisition and/or resettlement:

1_______________________________________ 2_______________________________________

3_______________________________________ 4_______________________________________

Land officers from Land Administration Department and land acquisition and resettlement specialists from the Project

Management Unit (PMU) will visit you are at your residences or businesses and also hold several consultation meetings

with all affected persons to discuss the Land Acquisition and Resettlement Plan and other related issues for your area.

Notification received by: _________________________________ ______________________________________ Signature Address/phone number: _________________________________________________________________________


ANNEX 4: ATTENDANCE SHEETS OF PUBLIC CONSULTATION EVENTS IN 2011


ANNEX 5: GRIEVANCE ACTION FORM (GAF) Name: ________________________________________________________ Address: _________________________________________________________ Telphone: ____________________________________ Date: ____________________ Project site: ________________________________ Aimag/City: _____________________________ Name and position of recipient: __________________________________________ Date of last disclosure meeting:___________________________________

Category of

grievance:

� Legal � Technical

� Financial � Social

� Administrative � Other

Item Description Name, position and signature of person(s) responsible:

Grievance AP: Date:

Recipient: Date:

Resolution Officer in charge: Date:


Action taken Officer in charge: Date:

Follow up Officer in charge: Date:

Comments, observations

Officer in charge: Date:


ANNEX 6: TEMPORARY PROJECT EMPLOYMENT SCHEME FORM From: “Bulgan- Meej” LLC

AP name:

Address:

AP ID no:

Your household is eligible for preferential treatment for temporary employment with the contractors undertaking civil works construction activities for the UDSP at your subproject site. You are eligible because you have been identified either as:

• A vulnerable affected household with income below the poverty line of MNT 105,100 monthly per capita income or with elderly or disabled heads of household; or

• An affected household losing unlicensed land to the project without remaining legalizable land.

The UDSP will be able to provide you with temporary employment at a skills level commensurate with your education and experience in the construction activities for the subproject in your Bagh if any of your adult household members are interested in participating in this AP Temporary Project Employment Scheme.

Please fill in the below information required and return this signed form to our project staff. Name(s) of person(s) intending to participate:

Education:

Skill training:

Work experience:

Years of employment:

I am interested in temporary employment with the AP Temporary Project Employment Compensation Scheme:

� Yes � No

Signature: ____________________________________________ Date: ____________________________________________


ANNEX 7: GOVERNOR’S RESOLUTION A/327


BULGAN AIMAG GOVERNOR RESOLUTION

18 August 2011 No: A/327 Bulgan

Establishment of Working group

According to provisions 43.2, 46.1 of the Land law of Mongolia, 32.1.3 of the Law on

Allocation of land to Mongolian citizens for ownership, it is ordered: One. In relation with construction of the 1.1 km water supply pipeline through ger area of Bulgan city by the Bulgan basic Urban services Sub project of the Urban Development Sector Project MON2301 it is ordered to appoint Working group which consists of following members for taking back owned and possessed land of citizens by making contracts as stated in the laws: Chairman of WG: D. Munkhsaikhan /Deputy Governor of Bulgan Aimag/ Members: S. Davaasambuu /Head of the Urban Development division/ D. Tserendorj /Director of LRCUDD/ J. Badamdorj /Governor of Bulgan city/ Ch. Jargalsaikhan /Director of “Bulgan-Meej” company/ A. Ganbold /Citizen’s representetive/ Secretary: G. Turmandakh /specialist of LDCUDD/ Two. It is ordered to Chairman of Working group /D. Munkhsaikhan/ to prepare all related documents timely for implementation of MON2301 project and introduce it to Aimag Governor’s Commettee.

GOVERNOR M. OUYNBAT


ANNEX 8: DETAILED MEASUREMENT SURVEY AND VALUATION OF AFFECTED LAND BY THE BULGAN AIMAG LRCUDD


LAND VALUATION OF CITIZENS AND COMPANY'S SETTLED ALONG 1.1KM WATER SUPPLY TRENCH OF BULGAN AIMAG

Number Registration

number Name Address

Size of total land m2 Size of total affected land m2 Valuation MNT

Explanation

Licensed Unlicensed Total Licensed Unlicensed Total Possessed Owned Total

BU001 GU72102729 Altanzaya, lkhagvajav, Chinzorig

2 bag, 6b-9-1

1225 0 1225 124 0 124

0

3600 446400 Fence, latrine

BU002 GU47012712 D. Gantumur 3 bag,30-

8-12 1010 0 1010 11.4 0 11.4

0

3600 41040 Fence, house

BU003 GU60102308 Ch. Narantsetseg 3 bag, 3a-

8-11 1059 0 1059 6.4 0 6.4

0

3600 23040 Fence

BU004 GU57010153 D. Davaasuren 3 bag, 3a-

8-6 869 0 869 52 0 52

0

3600 187200 Fence, latrine,

garage

BU005 GU94050216 M. Shirnen 3 bag, 3a-

6-11 840 0 840 44.5 0 44.5

0

3600 160200 Fence

BU006 GE76052117 G. Bat-Ouyn 3 bag, 3a-

5-10 0 463 463 64 0 64

3600

0 230400 Fence,

foundation

BU007 CHI83071370 B. Terguunbayar 3 bag, 3a-

3-8 524 0 524 19.3 0 19.3

3600

0 694480 Fence

BU008 3185419 Achuut 2 bag,

veterinary-2

391 55.8 446.8 0 11 11

0

0 0 Cement area

BU009 GU67122511 S. Zorigtbaatar 2 bag,

Mail shop 507 49.8 556.8 0 11 11

0

0 0 Pedestrians

veneer

Total 6993.6 343.6 3600 3600 1157760

Made by: Specialist of LRCUDD G. Turmandakh


PROPERTY VALUATION


LIST OF VALUATION OF THE AFFECTED PROPERTIES OF THE HOUSEHOLDS SETTLED ON THE ROW

OF WATER SUPPLY SYSTEM OF THE BULGAN AIMAG

8/24/2011

�

AP num Registration

number Address, location

Name of valuated property

Size of structure Unit cost MNT

Size of plot

m2, length

of fence

m

Value of properties

Total value

1 D. Lkhagvajav PО55030903 2nd bag, 6б-9-1

Moving fence 32,9m, timber 8950 32.9 294,455

560,751 Latrine wooden, 1 221296 1 221,296

Basketball hoop

45000 1 45,000

2 D. Gantumur GN47012712 3rd bag, 3а-8-12

Moving fence 16,2m, timber 8950 16.2 144,990

6,049,938

Residential house

6m*3,2m made by timber and balk. It has concrete foundation, iron beam, 2 wooden doors and 2 wooden windows.

274054 19.2 5,261,837

Entrance 2,2m*3,2m, wooden, with conctere foundation and iron bar roof

91351 7.04 643,111

3 Ch. Narantsetseg

GU60102308 3rd bag, 3а-8-11

Moving fence 6,8m, timber 8950 6.8 60,860 60,860

4 D. Davaasuren GU57010153 3rd bag, 3а-8-6

Moving fence 35,7m. Timber 8950 35.7 319,515

4,051,594

Latrine 1 piece, wooden 221296 1 221,296

Garage 5,6m*3,6m, made by block and clayed. Has conctere foundation and iron beam.

174146 20.16 3,510,783


5 M. Shirnen GU94050216 3rd bag, 3а-6-11

Moving fence 34,8m, timber 8950 34.8 311,460 311,460

6 G. Bat-Ouyn GE76052117 3-р баг, 3а-5-10

Moving fence 38m, timber 8950 38 340,100

910,100 Foundation

5,8m*6.4m, total perimeter is 22,8m, weight 0,4m, heigth 0,5m

25000 22.8 570,000

7 B.Terguunbayar ЧИ83071370 3rd bag, 3а-3-8

Moving fence 38m, timber 8950 38 340,100 340,100

8 "Achuut" Co., LTD

3185419 2rd bag, Achuut shop

Cement square 4m*7,2m*0.7cm. 11269 28.8 324,547 324,547

9 S. Zorigtbaatar GU67122511 2rd bag, Mail shop

Veneer 10,5m*2m* 2,7m*2,4m 13607 27.5 374,193 474,193

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100000 1 100,000

Total

13,083,543 13,083,543

mon: urban development sector project · 2016-07-28 · rules of mongolia for water supply,...

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