Land Acquisition and Resettlement Plan Compliance Report

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Land Acquisition and Resettlement Plan Compliance Report
Land Acquisition and Resettlement Plan
Compliance Report

Project Number: 51081-002
May 2021

Kyrgyz Republic: Climate Change and Disaster
Resilient Water Resources Sector Project
Pravaya Vetka Subproject

Prepared by the State Agency for Water Resources under the Ministry of Agriculture, Forestry
and Water Management of the Kyrgyz Republic in consortium Temelsu International
Engineering Services and Mott MacDonald Joint Venture for the Asian Development Bank.
Land Acquisition and Resettlement Plan Compliance Report
This Land Acquisition and Resettlement Plan Compliance Report is a document of the
borrower. The views expressed herein do not necessarily represent those of ADB's Board of
Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the
Asian Development Bank does not intend to make any judgments as to the legal or other
status of any territory or area.
Land Acquisition and Resettlement Plan Compliance Report
Table of Contents
I INTRODUCTION ................................................................................................................. 1
I.1 Objective and Scope ........................................................................................................ 1

II METHODOLOGY OF THE COMPLIANCE REVIEW ......................................................... 3
II.1 Methods and activities ..................................................................................................... 3

III IMPLEMENTATION MODALITIES ................................................................................... 4
III.1 LARP implementation Process ....................................................................................... 4

III.2 Public consultation and disclosure .................................................................................. 8

IV COMPLAINTS AND GRIEVANCES ............................................................................... 10
IV.1 Grievances ................................................................................................................... 10

V SATISFACTION SURVEY ............................................................................................... 12
VI ACHIVEMENTS AND CONCLUSIONS .......................................................................... 13
APPENDICES ..................................................................................................................... 14

Appendix 1. SAWR LARP Approval Order........................................................................... 15

Appendix 2. Entitlement Matrix of Pravaya Vetka ................................................................ 17

Appendix 3. Official statement of AP#2 on the refusal of financial compensation ................ 18

Appendix 4. Official letter from the director of PIU AP#1...................................................... 19

Appendix 5. Agreement with AP#1 ...................................................................................... 20

Appendix 6. Agreement with AP#2 ...................................................................................... 26

Appendix 7. Order of the PIU Director to pay AP#1 compensation ...................................... 32

Appendix 8. Bank payment of compensation AP#1 ............................................................. 34

Appendix 9. The grievance registration form ....................................................................... 35

Appendix 10. Order, Protocol on the creation of the LGRG for Pravaya Vetka Subproject .. 37

Appendix 11. Protocol on the establishment of the Pravaya Vetka Subproject’s Coordination
Committee (SCC) ................................................................................................................ 41

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Land Acquisition and Resettlement Plan Compliance Report
List of Figures

Figure 1. Photos of Public Consultation Activities .................................................................. 9

List of Tables

Table 1. Comparison of Key Dates and Activities in the LARP Implementation Process........ 4
Table 2. The consultation and compensation details ............................................................. 5
Table 3. Comparative of actual compensation payments and LARP as of 10/03/2021 (AP1) 7
Table 4. Complaint Management Matrix .............................................................................. 10
Table 5. Level of satisfaction of AP, Kyzyl-October village, as March 2021 ......................... 12

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Land Acquisition and Resettlement Plan Compliance Report
Abbreviations

АА              Aiyl Aimak - Rural administrative unit in KR
ADB             Asian Development Bank
AH              Project Affected Households
AO              Aiyl Okmotu - Rural Local Self-Government
AP              Project Affected Persons
CDT             Community Development Team
DSD             The district WUA support department
EARF            Environmental Assessment and Review and Framework
EMP             Environmental Management Plan
GRM             Grievance Redress Mechanism
HHs             Households
IEE             Initial Environmental Examination
KR              Kyrgyz Republic
KGS             Kyrgyz Som (Currency)
LAR             Land Acquisition and Resettlement
LARF            Land Acquisition and Resettlement Framework
LARP            Land Acquisition and Resettlement Plan
LFP             Local Focal Point
LGA             Local Government Authority
LGRG            Local Grievance Redress Group
PIC             Project Implementation Consultant
PIU             Project Implementation Unit
RVK             Rayon (District) Water Department
SAWR            State Agency for Water Resources under the Ministry of Agriculture,
                Forestry and Water Management of the Kyrgyz Republic
SCC             Subproject’s Coordination Committee
SPS             ADB Safeguards Policy Statement, 2009
WUA             Water User’s Association

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Land Acquisition and Resettlement Plan Compliance Report
I INTRODUCTION
I.1 Objective and Scope

1. This Compliance Report (CR) was prepared in accordance with the requirements of the
     Asian Development Bank (ADB) Safeguard Policy Statement (ADB SPS 2009, hereinafter
     SPS) in relation to involuntary land acquisition and resettlement (LAR) during the
     implementation of the Pravaya Vetka subproject under the sectoral Climate Change and
     Disaster Resilient Water Resources Sector Project (hereinafter referred to as the Project).

2. Following the principles of the SPS, the Project Implementation Unit (PIU), together with
     the Project Implementation Consultant (PIC), implemented LAR measures aimed at
     minimizing or mitigating the negative impact of the Project, as well as ensuring the
     protection of the rights and interests of persons caught in the Project's impact area - for
     residents of the village of Kyzyl-Oktyabr, Kenesh Aiyl Aimak (AA)1, Bazar-Korgon district,
     Jalal-Abad oblast.

3. In accordance with the requirements of SPS, the PIU of the State Agency for Water
     Resources under the Ministry of Agriculture, Water Management and Regional
     Development of the Kyrgyz Republic (SAWR) prepared and approved the “Land
     Acquisition and Resettlement Plan” (LARP)2 (Appendix 1. SAWR LARP Approval Order),
     which provides for the demolition/cutting down of 62 trees, the movement of 102 linear
     meters of fencing. In general, the interests of two households, including 8 people, fell
     under the influence of the Project. The project does not provide for land acquisition, and
     is classified as category B for involuntary resettlement.

4. The main purpose of the report is the compliance of the implemented package of
     compensation and rehabilitation measures with the approved LARP.

5. The compliance monitoring of LARP implementation has been carried out by PIU with
     assistance of PIC and covered the following aspects:

    a) Determine whether the LARP implementation schedule is in line with planned activities;

    b) Determine whether actual payments are consistent with the LARP approved
         assistance package;

    c) Determination of the degree of satisfaction of the project affected persons (AP) with
         the provision and disclosure of information on LARP;

1 Aiyl Aimak - Rural administrative unit in KR
2 https://water-climate.kg/wp-content/uploads/2021/04/Land_Acqusition_and_Resettlement_Plan_-_Pravaya_Vetka_RU_c.pdf
https://www.adb.org/sites/default/files/project-documents/51081/51081-002-rp-en_0.pdf

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Land Acquisition and Resettlement Plan Compliance Report
d) Determination of the degree of satisfaction of the AP with the assistance package;

  e) Determination of AP's satisfaction with the compensation process and procedure.

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Land Acquisition and Resettlement Plan Compliance Report
II METHODOLOGY OF THE COMPLIANCE REVIEW
II.1 Methods and activities

6. Assessment based on desk research including LARP, letters, meeting minutes, Project
   Affected Households (AH) field visit reports, AP consultations, and telephone interviews
   with AP and Local Focal Point (LFP).

7. A telephone survey was conducted after the end of compensation payments to assess
   AP's satisfaction with the assistance package and overall LARP implementation. The
   questions were structured to address the following aspects of AP satisfaction:

   a) satisfaction with the LARP disclosure activities;

   b) satisfaction with the assistance package and rehabilitation measures;

   c) satisfaction with the compensation process;

   d) satisfaction with the possibilities for filing complaints and claims.

      The results of the assessment are summarized and presented in this CR.

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Land Acquisition and Resettlement Plan Compliance Report
III IMPLEMENTATION MODALITIES
III.1 LARP implementation Process

8. On 16/11/2020, SAWR approved LARP. The progress of LARP implementation was
      slightly delayed compared to the original schedule, due to the general situation in the
      country associated with the pandemic and, in particular, the solution of organizational
      issues related to the field trip as one of the APs was physically absent from the place of
      residence due to long-term labour migration outside the Kyrgyz Republic (KR). On
      26/03/2021, AP withdraw the of funds from the account.

9. All key LARP implementation activities were completed slightly behind the original
      schedule (see below).

Table 1. Comparison of Key Dates and Activities in the LARP Implementation Process

                                                                                 Actual
#       Activity                                 Responsibility Deadline
                                                                                 execution

1       Preparatory activities/work
1.1     SAWR Order for LARP Approval             PIU            November 2020 16/11/2020
1.2     Submitting LARP to ADB Approval          PIU            November 2020 04/11/2020
1.3     LARP Approval by ADB                     ADB            November 2020 03/12/2020
                                                                              Website
        LARP disclosure on SAWR website                         After LARP
1.4                                              PIC/PIU                      www.water-
        and distribution to affected villages                   approval
                                                                              climate.kg
        Send a brochure to the affected                         After LARP
1.5                                              PIC/PIU
        households                                              approval
2       LARP implementation                                     April 2021    February 2021
        Order on compensation by SAWR                                         16/11/2020
2.1                                              PIU            16/11/2020
        Director3
        Consultation with the AP/AH prior to                                  12/02/2021/
        the implementation of the LARP,                                       AP#1
2.2                                              PIC/PIU        December 2020
        provision of additional information on                                16/02/2021/
        the GRM                                                               AP#2
        Distribution of an updated
2.3                                              PIC/PIU        January 2021     February 2021
        information brochure to AP
        Training of local contact persons on
2.4                                              PIC/PIU        January 2021     February 2021
        the GRM procedure
        Processing agreements on
        compensation between SAWR and
2.5                                              SAWR           January 2021     March 2021
        affected households, working out a
        compensation mechanism
3.      Monitoring/control and reporting                        January 2021     February 2021
        Preparation of a report on
3.1     compliance with the LARP                 PIC/PIU        January 2021     March 2021
        implementation

3   See Appendix 1. SAWR LARP Approval Order

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Land Acquisition and Resettlement Plan Compliance Report
Actual
#        Activity                                   Responsibility Deadline
                                                                                       execution

    Submission of a Compliance Report
3.2 on LARP Implementation                          PIU               February 2021    April 2021
    Compliance
    Approval of the report on the
    implementation of the LARP and
3.3 confirmation of no objection for                ADB               February 2021    May 2021
    commencement of construction
    works

10. The consultation and compensation payment details are shown in Table 2 below.

Table 2. The consultation and compensation details

Date                           Activity

December 2020                  Disclosing LARP approved on the PIU website

16/09/2020                     Consultation with AP2

17/09/2020                     Consultation with AP1 representative

February 2021                  Dissemination of updated resettlement information brochures in Kyrgyz
                               language to all APs

02/02/2021                     Official letter of the PIU dated 02/02/2021 No. 195 AP#1 on the need to
                               obtain a power of attorney to sign the Compensation Agreement.

18/02/2021                     Placement of the "Grievance Redress Mechanism" on Aiyl Okmotu (АО)4
                               information boards

May 2021                       Publication of information brochures in Russian, Kyrgyz, English on the
                               website of PIU

16/02/2021                     Processing of Compensation Agreements

16/02/2021                     Assistance in opening a bank account AP#1

16/02/2021                     Training was provided for LFP – Ajykulov Toktoraly by Zhunusbaev K

01/03/2021                     PIU Order No. 26 on payment of compensation AP#1

12/03/2021                     Payment of compensation AP#1

4   Aiyl Okmotu - Rural Local Self-Government

May 2021                                                                                            5
11. In the implementation of LARP, in addition to the key executors, Local Government
   Authority (LGA) of the Kenesh AA, a local focal point (LFP), representatives of the district
   WUA (Water User’s Association) support department (DSD), Rayon (District) Water
   Department (RVK), the community development team (CDT) were also involved for the
   subproject " Pravaya Vetka".

II.2 Comparison of LARP Approved Assistance package and AP Actual Benefits

12. Appendix 2. Entitlement Matrix of Pravaya Vetka presents the subproject specific
   entitlement matrix for this LARP (Appendix 2).

13. As mentioned, only 2 AHs (8 APs) were affected by the project as per LARP.
   Compensations were calculated in accordance with the Compensation Entitlement Matrix
   and the Independent Valuation of the Affected Property as reflected in the LARP Budget.

14. These conditions do not require large financial and material costs and are taken into
   account in the working design for construction work on the construction of mudflow
   passage No. 1.

15. On 16/09/2020 AP#2 has declared that he received the project documents related to
   resettlements. (See Appendix 3. Official statement of AP#2 on the refusal of financial
   compensation).

16. AP#2 at the stage of preparation of LARP, wrote with her own hand a statement on the
   refusal of monetary compensation for the affected property, subject to the following
   conditions:

    Provide fish ponds with water.

    Provide the laying of pipes with a diameter of 250 mm from the existing irrigation ditch
      network.

    Construction of a pedestrian bridge (for crossing) through the mudflow passage.

17. The results of the AP#2 conformity assessment will be available after completion of the
   construction work on the structure.

18. On 16/02/2021 in the Kenesh AO, in the presence of safeguards specialists Zhunusbaev
   K, (from PIU) and Kydyralieva N. (from PIC), and with the participation of key executive
   institutions, explanations of AP#1 were given in a simple, accessible form for each clause
   of the Agreement on the payment of compensation for damaged property. Particular
   emphasis was placed on the total amount of compensation and clarifications were
   repeated on the methodology for calculating each affected property (trees, bushes,
   fences).

May 2021                                                                                     6
19. After the expressed consent, an Agreement was signed between the PIU and AP#2
       (Appendix 6. Agreement with AP#2) and also with the wife of AP#1 (Appendix 5.
       Agreement with AP#1), on the payment of compensation for the damaged property.

20. AP#1 has been outside the Kyrgyz Republic (KR) in labour migration to the Russian
       Federation (RF) throughout the entire time, from the LARP preparation process to the
       present. On 08/02/2020 PIU has informed AP#1 with the letter (given in the Appendix 4.
       Official letter from the director of PIU AP#1) about the date for negotiation on
       compensation issues prior to sign an agreement. In addition, due to the expiration of his
       identity documents, he was unable to send a power of attorney to his wife to sign the
       Agreement and he himself is unable to leave at the place of his registration.

21. AP#1 was assisted and provided with transport to open a bank account in a convenient
       and closest accessible banking institution (CJSC FINKA-BANK).

22. On 12/02/2021, the financial department of the PIU transferred AP#1 funds to the bank
       account of wife of AP#1 (see Appendix 7. Order of the PIU Director to pay AP#1
       compensation) which was opened free of charge. She was notified of the transfer by
       telephone and the funds were withdrawn from her account 12/03/2021 (Appendix 8. Bank
       payment of compensation AP#1).

23. On 12/03/2021 the amount of total compensations paid to AP # 1 is 38,460 (thirty-eight
       thousand four hundred and sixty) Kyrgyz Som (KGS), which amounted to 100% of the
       total compensation budget of the approved LARP (excluding funds provided for
       unforeseen expenses) (See Table 3 and Appendix 5. Agreement with AP#1 for
       agreement).

Table 3. Comparative of actual compensation payments and LARP as of 10/03/2021
   (AP1)

       Item name                  Units               Compensation
                                                                                     Compliance
#                                                     amount pledged Paid (KGS)
                                                                                     status
                                                      in LARP (KGS)

AP#1

1      Trees, rose bushes         65 trees            16 800           16 800        corresponds

2      Fencing                    54 m (1 m height)   5 400            5 400         corresponds

       Allowance for Vulnerable                                                      corresponds
3                                                     11 1245          11 8206
       Persons

5   In year 2020, at the date of LARP approval, the minimum wage in KR is 1 854.0 KGS.
6   In year 2021, at the date of compensation payment, the minimum wage is 1 970.0 KGS.

May 2021                                                                                           7
Other costs                                                                     corresponds
    (transportation costs, tree
4                                                  4440              4440
    care costs i.e., pruning,
    fertilization, etc.

    Total:                                         37 764            38 460

AP # 2 refused to get the financial compensation

24. On 16/02/2021, another consultation with AP # 2 took place. AP # 2 was provided with
    updated brochures on resettlement and grievance mechanism, in Kyrgyz language, as
    well as LARP with detailed explanations in a confidential atmosphere and in a simple,
    accessible form. AP#2 reiterated, verbally, her refusal to receive financial compensation
    in return for improving the infrastructure on its land contour (supply pipe and pedestrian
    bridge)

25. No further compensation will be provided for AP#2, but other engineering solutions will be
    implemented during the construction phase of mudflow passage No. 1 as agreed with
    AP#2, which will be monitored and reported in coming SSMRs for the project.

III.2 Public consultation and disclosure

26. The measures for the dissemination and disclosure of information provided for in LARP
    have been fully implemented.

27. On 16/02/2021, representatives of the PIU and PIC held public consultations in the AP’s
    AA, in the office of the Kenesh AO, where they explained in detail and discussed the
    content of the LARP with the participants. In particular, the principles and mechanisms of
    payment of compensation, the methodology for calculating the cost of compensation for
    occasional cases of loss/damage to property, as well as the procedures for registration
    and consideration of complaints by the Local Grievance Group (LGRG) were considered
    at public consultations. During the consultations in the village of Kenesh, 2 APs (100%)
    participated. In addition, 4 people (all men) took part in the consultations.

28. Eight days before the public consultation, information brochures with a brief description of
    the LARP content were distributed to the APs, copies were sent to the Kenesh AO by e-
    mail. Both APs received the communication materials in person.

29. The updated Resettlement and Grievance Redress Mechanism (GRM) brochures were
    printed in 20 copies and posted on the AO information board, information is also available
    at the AO office, upon request.

May 2021                                                                                          8
Consultation with AP#1                      Consultation with AP#2

    GRM on the АО information board             Brochure on information Board of АО

Figure 1. Photos of Public Consultation Activities

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IV COMPLAINTS AND GRIEVANCES
IV.1 Grievances

30. Grievance Redress Mechanism (GRM) created in accordance with the requirements of
    the Environmental Assessment and Review and Framework (EARF), the Initial
    Environmental      Examination/Environmental           Management          Plan   (IEE/EMP),     the
    Resettlement and Land Acquisition and Resettlement Framework (LARF) to streamline
    the process of acceptance, consideration and resolution of problems and complaints from
    Affected Persons (AP) that may arise as a result of the implementation of activities under
    the Component 1 "Protection and modernization of irrigation infrastructure" of the Climate
    Change and Disaster Resilient Water Resources Sector Project. See Appendix 9. The
    grievance registration form.

31. The Local Grievance Redress Group (LGRG) has been established on 16/10/2020 (See
    Appendix 10. Order, Protocol on the creation of the LGRG for Pravaya Vetka Subproject).

32. Subproject’s Coordination Committee (SCC) of Pravaya Vetka Subproject has been
    established on 17/06/2020 (See Appendix 11. Protocol on the establishment of the
    Pravaya Vetka Subproject’s Coordination Committee (SCC)).

33. The complaint matrix for this subproject is shown in the table below.

Table 4. Complaint Management Matrix
  Claiming        To whom the            Complaint               Management            Consideration
    order       complaint is filed   submission form               procedure             timeframe

GRM level I   To Mr. Toktorali       LFP will help fill out MCL will be responsible 3 days
              Ajykulov, - village    a special complaint for registering
              head, LFP              form for the           complaints and report to
                                     complainant            PIU on the status of
              Phone: 0557 741800
                                                            complaints handling
                                                            (monthly)

GRM level II To Local Grievance      In writing, the LFP    The LFP will be            7 days
              Redress Group          will assist in filing a responsible for
              (LGRG) established     complaint              registering the
              by Order No. 385b                             complaint and reporting
              16.10.2020 7                                  to the PIU / Safeguards
                                                            Specialist monthly on

7 Order about the LGRG establishment, minutes of the meeting, list of members of LGRG see in

Annex 10

May 2021                                                                                             10
the status of complaints

GRM level III To Subproject              In writing with all   The SCC Secretary will       14 – 30 days
                  Coordinating           documents             be responsible for
                  Committee (SCC),       supporting the        registering complaints,
                  which was              complaint             a PIU safeguards
                  established on 14.10                         specialist will coordinate
                  .20208                                       the complaint resolution
                                                               process

34. LGRG for Aral AA9 as well as LFP has also been appointed while for Masy AA LGRG/LFP
       will be assigned prior to commencement of construction work. Contact information will be
       provided to the local population through the wide available communication channels: by
       means of signs on information boards of AO and WUA; through village headmen, CDT,
       WUA, DSD, PIC.

35. At the time of filing this report, no complaints have been received, either verbally or in
       writing.

36. PIU SAWR will document all complaints in both written and electronic form. The LFP and
       PIC will be responsible for maintaining a grievance log at the local and SCC level,
       respectively. Complaints log forms will be sent by the PIC to the PIU and consolidated
       monthly by the PIU Safeguard Officer. The PIU Safeguard Officer will analyze these
       documents using the PIC and reflect the results in the appropriate semi-annual
       environmental and social reports.

8   Minutes of the meeting for SCC (GRG) establishment see in Annex 11
9   Order about the LGRG establishment see in Annex 10

May 2021                                                                                                   11
V SATISFACTION SURVEY
37. The overall negative impact of the subproject is minimal - only two households are
     affected, land acquisition is not envisaged. Following the completion of the consultation
     information meetings and the signing of the Agreement on 01/03/2021 a telephone survey
     was conducted to assess the satisfaction level of AP. The survey was conducted to assess
     the following aspects of AP satisfaction:

1. Satisfaction with AP assistance package;

2. AP's satisfaction with public consultation and effective disclosure;

3. Satisfaction with the AP with the compensation process and mechanism.

38. Based on the telephone survey, both APs expressed their satisfaction with the assistance
     package offered/received and the information and disclosure activities. AP expressed
     satisfaction with the establishment of a trusting, friendly and open relationship with the
     safeguard advisors.

39. At the same time, it should be noted that the AP#2 assistance package will be provided
     by the construction measures and will be monitored and reported later.

40. During the interview, satisfaction was expressed for the good organization of the
     consultation meetings: advance notification through official letters, personal notification
     through the village headman by telephone with a safeguard specialist. Assistance in
     opening a bank current account. Below in table 5, the results of the telephone survey are
     presented.

Table 5. Level of satisfaction of AP, Kyzyl-October village, as March 2021

 #    Item                                Satisfied, %    Unsatisfied, %      Abstained %

 1    General assistance package                 100              0                 0

 2    Information disclosure                     100              0                 0

 3    Payment mechanism                          100              0                 0

May 2021                                                                                     12
VI ACHIVEMENTS AND CONCLUSIONS
41. Thus, the measures approved in LARP and aimed at recovering losses and restoring the
   pre-project standard of living were effectively implemented, although the implementation
   process was uneven and was accompanied by some deficiencies in the implementation
   of LARP, mainly due to the backlog of the implementation schedule. Except for these
   shortcomings, overall LARP performance can be assessed as satisfactory.

42. As of 12/03/2021, compensation was fully paid to AP#1 as planned in LARP. Meanwhile,
   the further assistance to AP#2 has been agreed, planned and will be conducted and
   monitored throughout the implementation.

43. The revealed case of discrepancy in the amount of compensation originally approved in
   LARP arose as a result of the recalculation of the minimum wage approved by the
   Government of Kyrgyz Republic in 2021. But in no way infringes on the rights of AP#1,
   since the recalculation was carried out in the end in the direction of increasing the amount
   of compensation.

44. LARP awareness and disclosure activities were satisfactory. The PIU together with PIC
   successfully held public consultations in the village, distributed brochures and copies of
   LARP among APs by posting them on information boards of АОs, and also disclosed
   information materials on the websites of SAWR. The LARP for Pravaya Vetka subproject
   was disclosed on ADB website as well.

45. During the implementation period of the LARP, no complaints were registered with the
   LGRG. The LGRGs as well as SCC (Subproject’s Coordination Committee) for Pravaya
   Vetka Subproject will continue their work during the construction period. The remaining
   LGRG for Masy AA will be appointed and briefed prior to the commencement of
   construction work.

46. In general, the implementation of LARP is assessed as satisfactory, which is also
   confirmed by the results of a questionnaire survey conducted among APs using the
   telephone survey method. Both APs expressed their satisfaction with both the overall
   package of compensations offered/received, the payment mechanism, and the measures
   taken to disclose information and clarify LARP procedures.

May 2021                                                                                    13
APPENDICES

May 2021                14
Appendix 1. SAWR LARP Approval Order

May 2021                                          15
[Translation]

  КЫРГЫЗ РЕСПУБЛИКАСЫНЫН                                       ГОСУДАРСТВЕННОЕ АГЕНТСТВО
  ӨКМӨТҮНӨ КАРАШТУУ                                            ВОДНЫХ РЕСУРСОВ
  СУУ РЕСУРСТАРЫ
  МАМЛЕКЕТТИК АГЕНТТИГИ                                        ПРИ ПРАВИТЕЛЬСТВЕ КЫРГЫЗСКОЙ
                                                               РЕСПУБЛИКИ

           WATER RESOURCES AGENCY UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC

                                                 ORDER
No. 190 "_____" _____________                                        16/11/2020 Bishkek city

      In order to fulfill the terms of the Agreement between the Kyrgyz Republic and the Asian
Development Bank on financing of L3746 / G0632-KGZ: Climate Change and Disaster Resilient Water
Resources Sector Project " (hereinafter the "Project"), ratified by the Law of the Kyrgyz Republic dated
June 27, 2019 No. 3198-VI:

                                                I ORDER
      1. Take note of the attached Resettlement and Land Acquisition Plan (hereinafter - LARP) for the
      Project in the official language (Attached).
      2. The Project Implementation Unit will start implementing this LARP.
      3. The Project Implementation Unit shall ensure the payment of monetary compensation in the
      amount of KGS 84,492 (eighty-four thousand four hundred ninety-two), which is equivalent to US
      dollars 1,033 (one thousand thirty-three), within the framework of the grant funds provided for by
      the above Agreement, from the category "Resettlement costs" to persons whose property and /
      or sources of income are affected by the Project under the LARP:
      4. Implementation control shall be entrusted to the Director of the Directorate for the construction
      of water facilities Sokeev A.

      K. Zh. Tashtanaliev
      Director

Performers:
Dzhayloobaev A.Sh., Deputy Director of SAWR
Sokeev A.T., Director of Directorate for the construction of water facilities
Nabiev N.B., Director of PIU

May 2021                                                                                      16
Appendix 2. Entitlement Matrix of Pravaya Vetka

No. Type of Impact       Application           Type of AP           Compensation Entitlements
1. 1.       Agriculture Land Loss
    - Compensation         will be paid only     for the loss of      structures,
    Agricultural Land      Loss Non-             legalizable APs      improvements on land and
1.1 agricultural           produce. No           compensation         for land.

2.    Affected Crops and Trees
                                                                    - Compensation for loss of
                       Unproductive trees
    Affected crops and                         All AHs irrespective unproductive trees based on
                       loss
2.1 trees                                      of legal status of   value of the wood volume.
                                               land use             - Compensation based on
                         Loss of seedlings
                                                                    market value.
3.    Other Support and Assistance
                                                                     - In addition to any other
                                                                     entitlement, a cash allowance
     Assistance for                            Vulnerable HH as
                                                                     equivalent to 6 months per
     vulnerable          Vulnerable            per definition in the
3.2.                                                                 Households (HHs) of a
     households          households            LARP/LARF.
                                                                     minimum salary and
                                                                     employment priority in Project
                                                                     related jobs.
4.    Temporary and Unforeseen Impacts
                                                                    Pay a rent to APs. The rent will
                                                                    be negotiated with affected
      Temporary Impacts Temporary impacts      Legal and
4.1                                                                 households.
      during construction on land              legalizable HH
                                                                    The land will be restored to its
                                                                    pre-project condition
                                                                    The contractor will have to
                                                                    ensure access to shops and
                         Temporary impacts
                                               All HH               residences;
                         on access
                                                                    Construction period will be
                                                                    minimized;
                                                                    - Rehabilitation will be based
                                                                    on the above provisions and in
                                                                    compliance with the Land
                         GRM Committee
      Unforeseen LAR                                                Acquisition and Resettlement
4.2                      makes decisions on    All HH
      Impacts, if any                                               Framework (LARF) and
                         an individual basis
                                                                    applicable
                                                                    laws of the Republic of
                                                                    Kyrgyzstan.

May 2021                                                                                   17
Appendix 3. Official statement of AP#2 on the refusal of financial compensation

                                                      To PIU Director of “Climate Change and
                                                      Disaster-Resilient Water Resources Sector
                                                      Project” Mr. N. Nabiev
                                                      from AP#1, a resident of Abdraimov village,
                                                      Kenesh Aiyl Okrug (rural)
                                                      , tel. XXXXXXX

                                              Statement

       The reason for my application is as follows:
       On the basis of the resolution of the head of the Kenesh Aiyl Okrug (rural council) dated October
2, 2008 # 513, on the northern bank of the Kara-Unkur River, I was allocated a plot of land located
north of the village of Kyzyl-Oktyabr and belonging to the Kenesh Aiyl Okrug (rural) of Bazar-Korgon
rayon, with a 3ha area for a period of 35 years with a development period of 5 years, for fisheries.
       Based on this resolution, we have received the following documents:
       1.      Resolution # 513 dated October 2, 2008 (Land commission at Kenesh AO)
       2.      The project of the Jalal-Abad expedition on land management. archival code is 1029.
       3.      A certificate of Series B # 037254 (dated 13.02.2009 for temporary land use valid for 5
years e.g., from 2009 to 2013).
       4.      Architectural and planning conditions (APC).
      5.       Decree # 642 dated Dec. 24, 2008 (Head of the Kenesh AO, this paper was about
approval for using the allotted land for fish growing project)
       6.      clarification notes (reference only but not submitted)
       as well as other documents as well as other documents.
        We started working. I hired various mechanized equipment for excavation works. We’ve made
leveling and land grading.
      My request to you, since I have nothing against the construction of a mudflow structure (approx.
overchute # 1), I have a set of proposals:
       1.   To provide water to the lagoon for growing fish, provide a pipe with a diameter of 250 mm.
       2.   Construction of a pedestrian bridge (for crossing).
       3.   Construction of overchute up to the Kara-Unkur riverbed.
       4.   I will not demand compensation.

Applicant: signed by AP#2
                                                                  Date:   16.09.2020

May 2021                                                                                    18
Appendix 4. Official letter from the director of PIU AP#1
  КЫРГЫЗ РЕСПУБЛИКАСЫНЫН                                                         STATE AGANCY FOR WATER
    ӨКМӨТҮНӨ КАРАШТУУ                                                                   RESOURCES
      СУУ РЕСУРСТАРЫ                                                           UNDER THE GOVERMENT OF THE
   МАМЛЕКЕТТИК АГЕНТТИГИ                                                             KYRGYZ REPUBLC

"СУУ РЕСУРСТАРЫНЫН КЛИМАТТЫН                                              “CLIMATE CHANGE AND DISASTER-
   ӨЗГӨРҮҮСҮНӨ ЖАНА ТАБИГЫЙ                                             RESILIENT WATER RESOURCES SECTOR
  КЫРСЫКТАРГА ТУРУКТУУЛУГУН                                              PROJECT” PROJECT IMPLEMINTATIO
         ЖОГОРУЛАТУУ"                                                                 UNIT
ДОЛБООРУН ИШКЕ АШЫРУУ БӨЛΥМΥ

     CLIMATE CHANGE AND DISASTER – RESILIENT WATER RESOURCES SECTOR PROJECT
                          PROJECT IMPLEMENTATION UNIT

        Кыргыз Республикасы                    4"a", A. Toktonaliev St., 328                  Kyrgyz Republic
   720055 Бишкек ш., Токтоналиев                  room, 720055 Bishkek                       720055 Bishkek city
   А. көч. № 4"а", 328 бөл. Tel/fax:                 Kyrgyz Republic                  st., Toktonaliev, 4"а", 328 room.
         + (996 312) 549108                    Tel/Fax: + (996 312) 549108             Phone/fax: + (996 312) 549108
    Эл. почта: ccd-rwrsp@water.gov.kg        E-mail: ccd-rwrsp@water.gov.kg          Эл. почта: ccd-rwrsp@water.gov.kg

    № «195» 08.02 2020
                                                                               Kyrgyz Republic
                                                                               Jalal-Abad rayon
                                                                               Bazar-Korgon rayon
                                                                               The Kyzyl-October village of the
                                                                               Kenesh Aiyl Aimag (rural council)
                                                                               to the resident AP#2
           In accordance with the loan agreement # 3746-KGZ (COL) of July 18, 2019, ratified by the Law
    of the Kyrgyz Republic "On Ratification" # 88, and the grant agreement # 0632-KGZ (SF) concluded
    between the Kyrgyz Republic and the Asian Development Bank, in connection with the implementation
    of “Climate Change and Disaster-Resilient Water Resources Sector Project”, you have been granted the
    Pravaya Vetka canal (SP13) passing through the site plot (PK13+30) for protection purpose, we notify
    you by this letter that, the construction of the mudflow structure will begin in the near future.
           In this regard, we ask you to come to Kenesh Aiyl Okmotu office on 16/02/2021 at 10: 00 and
    sign the documents related to compensation for the loss of trees and perennials planted by you within
    the framework of the Project. If for any reason you are unable to come to office, your interests can be
    represented by an authorized person, in accordance with the procedure established by law (by "Power
    of Attorney").
            In case of untimely, as well as taking into account the non-submission of documents confirming
    the legality of the use of the land plot, as well as in connection with the need to fulfill the tasks facing
    the project, the planned construction of the mudflow structure begins without compensation for the
    damage caused to your property.
              Best regards,
              PIU Director N.B Nabiev

    May 2021                                                                                                       19
Appendix 5. Agreement with AP#1

May 2021                            20
May 2021   21
Wife of AP#1

May 2021                  22
[Translation]

AGREEMENT ON PAYMENT OF COMPENSATION FOR PROPERTY DAMAGE

Sovetskoe village                                                                           16/02/2021

                                                PREAMBLE:

TAKING INTO ACCOUNT and PURSUANT TO,

Credit Agreement No. 3746-KGZ (COL) and Grant Agreement No. 0632-KGZ (SF) concluded between
the Kyrgyz Republic and the Asian Development Bank on financing the Climate Change and Disaster
Resilient Water Resources Sector Project (hereinafter the "Project"), ratified by the Law of the Kyrgyz
Republic "On Ratification" No. 88 dated July 18, 2019, ADB Safeguard Policy Statement (SPS) (2009),
LAW of the Kyrgyz Republic "On the Republican Budget of the Kyrgyz Republic for 2020 and Forecast
for 2021-2022", DECISIONS of the Government of the Kyrgyz Republic dated June 29, 2018 No. 307
"On the implementation of the Law of the Kyrgyz Republic on state benefits in the Kyrgyz Republic",
order of the State Agency for Water Resources under the Government of the Kyrgyz Republic No. 190
"On the implementation of the Plan of resettlement and withdrawal land and payment of monetary
compensation to persons whose property and/or sources of income are affected by the Project",

State Agency for Water Resources under the Government of the Kyrgyz Republic, represented by
Nurlan Burkhanovich Nabiev, Director of the Project Implementation Unit under the State Agency for
Water Resources under the Government of the Kyrgyz Republic, acting on the basis of the order of
SAWR No. 107 dated October 28, 2019, hereinafter referred to as the "PIU SAWR", on the one hand,
and

citizen of the Kyrgyz Republic wife of AP1, passport series, issued by the MKK214031 dated "01" 11
2018, registered at the address: Jalal-Abad region, Bazar-Korgon district, Kenesh aiyl okmotu, s. Kyzyl-
Oktyabr, hereinafter referred to as "Citizen", on the other hand, collectively referred to as the "Parties",
have entered into this Agreement on the payment of compensation for loss of property (hereinafter
referred to as the "Agreement") as follows.

                                  1- SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the payment of compensation for losses in connection with the
loss of immovable property as a result of the demolition/dismantling of the following property:

       • Saplings of fertile trees - 33 pcs.;

       • Wood (poplar, walnut) - 8 pcs.;

       • Rose bushes - 16 pcs.;

       • Fences made with a netting; 54 m long.

May 2021                                                                                        23
1.2. The property subject to demolition/dismantling is located at the address: Jalal-Abad oblast, Bazar-
Korgon district, Kenesh aiyl aimak, v. Kyzyl-October, hereinafter referred to as "property".

                      2. AMOUNT OF PAYMENT AND PAYMENT PROCEDURE

2.1. The amount of compensation for losses for loss of property is KGS 26640 (twenty-six thousand
six hundred and forty).

2.2. Vulnerable CITIZEN households will be assisted in accordance with the compensation payment
matrix (CPM) provided in the “Resettlement and Land Acquisition Plan” equal to 6 minimum wages in
the Kyrgyz Republic. The minimum wage for 2021 is set at 1970.0 KGS. Thus, the CITIZEN's
household will receive assistance in the amount of KGS 11,820.0 (eleven thousand eight hundred
twenty)

2.3. Cash (compensation) in the amount of KGS 38,460 (thirty-eight thousand four hundred and sixty)
is subject to transfer in a lump sum to the settlement/card account of a CITIZEN opened with CJSC
_________ within 10 (ten) banking days from the date of signing this Agreement.

2.4. Confirmation of the fulfilment of the obligations of the PIU SAWR under this Agreement is the
presence of a document instructing the Bank to transfer the above amount to the settlement/card
account of a CITIZEN in CJSC _________.

2.5. To withdraw funds (compensation) from the current/card account, the CITIZEN is issued a bank
card at _________ CJSC, for which the CITIZEN undertakes to fill out the documents for issuing the
card, provide a copy of the passport and, if necessary, take other actions related to such registration.

                                  3. OBLIGATIONS OF THE PARTIES

3.1. THE CITIZEN undertakes:

3.1.1. Open a current account in CJSC _________ to receive and withdraw from the current account
the amount of monetary compensation.

3.1.2. Carry out on their own and at their own expense the demolition/dismantling of the property
specified in paragraph 1.1. of this Agreement within 30 (thirty) calendar days from the date of signing
this Agreement.

3.2. In the event that the CITIZEN fails to fulfil his obligations, as well as within the time limits provided
for in clause 3.1.2. of this Agreement, the demolition of property will be carried out by the PIU SAWR.

3.2. PIU SAWR undertakes:

3.2.1. Timely transfer to the account of the CITIZEN the amount of compensation provided for in this
Agreement.

                                     4. RESOLUTION OF DISPUTES

May 2021                                                                                         24
4.1. In the event of disputes under this Agreement, the Parties will make every effort to resolve them
through negotiations. If it is impossible to resolve the dispute through negotiations, the dispute is
subject to judicial review in accordance with the legislation of the Kyrgyz Republic.

                                            5. FINAL PROVISIONS

5.1. The CITIZEN confirms that when concluding this Agreement, the rights of third parties are not
violated, that he has all the powers (legal capacity) to conclude and execute this Agreement, is familiar
with and agrees with all the terms of this Agreement.

5.2. The CITIZEN confirms that the fulfilment by PIU SAWR of the obligations assumed under this
Agreement terminates his right to claim from PIU SAWR, and other persons, material compensation in
any form and amount for damage (demolition/dismantling) of the property specified in clause 1.1. of
the present agreement.

5.3. This Agreement enters into force from the date of signing by both Parties and is valid until the
Parties fully fulfil their obligations under it.

5.4. This Agreement is drawn up in Russian, in 2 original copies having the same legal force, one for
each of the Parties.

5.5. This Agreement, as well as all issues not provided for thereof, shall be interpreted and regulated
in accordance with the legislation of the Kyrgyz Republic.

                   6. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

 PIU SAWR:                               Citizen:
 720055,   Kyrgyz      Republic,Bishkek, Kyrgyz Republic, Jalal-Abad oblast, Bazar-
 Toktonaliev street, 4 "a"               Korgon district, Kenesh ayil okmotu,
                                         Kyzyl-October village
 Tel./fax: +996 (312) 549108, 549074 Tel.: +996
 (accounting dept.)                      Email:
 Email: ccd-rwrsp@water.gov.kg
 INN: 01511201910018                     Passport: series ID, MKK 214031
 OKPO: 30699138
 Reg. No. SF: 101100022554               Bank: Finka Bank
 Bank details:                           Account:
 BIK: 135001
 BANK: Aiyl Bank OJSC
 Bank account: 1350108036960793
 _________________________ N.B. Nabiev ______________________Wife of AP#1
 (signature)                             (signature)

May 2021                                                                                     25
Appendix 6. Agreement with AP#2

May 2021                            26
May 2021   27
AP#2

May 2021          28
[Translation]
         PAYMENT AGREEMENT ON COMPENSATION FOR DAMAGE TO PROPERTY
Sovetskoe village                                                         «16» February 2021

                                                PREAMBLE:
       WHEREAS:
       Credit agreement # 3746-KGZ(COL) and Grant agreement # 0632-KGZ(SF) signed between
the Kyrgyz Republic and the Asian Development Bank (hereinafter ADB) to finance the “Climate
Change and Disaster-Resilient Water Resources Sector Project" (hereinafter "Project"), ratified by the
Kyrgyz Republic Law "On the ratification of the" # 88 dated 18 July 2019, the ADB safeguard policy
statement (SPS) (2009), the order of the State Agency for Water Resources under the Government of
the Kyrgyz Republic from 16.11.2020 G. #190 "On the implementation of the "Land Acquisition and
Resettlement Plan" and payment of monetary compensation to persons whose property and/or sources
of income are affected by the Project»,
The State Agency for Water Resources under the Government of the Kyrgyz Republic, represented by
Nurlan Nabiyev, Director of the Project Implementation Unit under the State Agency for Water
Resources under the Government of the Kyrgyz Republic, acting on the basis of Order #107 of the
SWRA dated 28.10.2019, hereinafter referred to as “PIU under SAWR", on the one hand, and, and

the citizen of the Kyrgyz Republic AP2, passport series ____№______________, issued by SRS
____________ from "___" ________20___ registered at the following address: Jalal-Abad region,
Bazar-Korgon rayon, Kenesh Aiyl Aimak (rural area), Abduraimov village, street _____________, build.
#___________, hereinafter referred to as the "Citizen", on the other hand, together referred to as the
"Parties", have entered into this Agreement for the payment of Compensation for the Loss of
Property (hereinafter referred to as the “Agreement”) about the following.
                                    1. SCOPE OF AGREEMENT

        1.1. The subject of this Agreement is the payment of compensation for losses in connection
with the loss of immovable property as a result of the demolition/dismantling of the following property:
         Poplar - 2 pcs.;
         Currant bush - 1 pcs.;
         Fence made of rolled metal "corner" 40x40 mm., step counter 3.3 m., length 12 m., height 2
           m.
         The fence is made of barbed wire, 48 m long.
        1.2. The property to be demolished/dismantled is located at: Jalal-Abad region, Bazar-Korgon
rayon, Kenesh Aiyl Okmotu, Kyzyl-Oktyabr village, in contours # 37 (0.8 ha), 21 (0,7 ha), 22 (0,9 ha)
and 25 (0,6 ha) – a total is 3 ha, hereinafter referred to as "property".
                2.   AMOUNT OF COMPENSATION AND PAYMENT PROCEDURE

       2.1. The amount of compensation for losses for the loss of property is 8188 (eight thousand
one hundred and eighty-eight) KGS.
       2.2. Monetary funds (compensation) in the amount of 8188 (eight thousand one hundred and
eighty-eight) KGS are subject to transfer in a lump sum (nonrecurring amount) to the settlement/card

May 2021                                                                                    29
account of a Citizen opened in CJSC _________, within 10 (ten) banking days from the date of signing
this Agreement.
        2.3. Confirmation of the fulfillment of the obligations of the PIU under SWRA under this
Agreement is the presence of a document with an order to the Bank to transfer the above amount to
the settlement/card account of a Citizen in CJSC _________.
        2.4. To withdraw funds (compensation) from the settlement/card account, a citizen is issued a
bank card in CJSC _________, to do this, the Citizen undertakes to fill out the documents for issuing
the card, provide a copy of the passport and, if necessary, perform other actions related to such
registration.
        2.5. The citizen refuses to receive the monetary compensation provided for in paragraph 2.1.
of this Agreement, in the event that the PIU under SAWR fulfills the following obligations:
          - construction of a mudflow structure to the Kara-Unkur-Say River bank;
          - to ensure the laying of a pipeline under the planned mudflow structure, with a diameter of
250 mm and a length of 12 m., for the supply, through the existing irrigation ditch, of water to the fish
pond;
          - construction of a pedestrian bridge over the planned mudflow structure.
        2.6. Confirmation of the fulfillment of the conditions provided for in paragraph 2.5. of this
Agreement by the PIU under SAWR is the Act of State Inspection of the completed construction object
with the indication of the objects specified in paragraph 2.5. of this Agreement.
                         3. OBLIGATIONS OF THE PARTIES CONCERNED

       3.1. The citizen is obliged to:
       3.1.1. open a Bank account in JSC _________ to receive and withdraw from the account the
amount of monetary compensation.
       3.1.2. Carry out the demolition/dismantling of the property specified in paragraph 1.1. of this
Agreement on its own and at its own expense within 30 (thirty) calendar days from the date of signing
this Agreement.
       3.2. In the event that the Citizen failure to perform obligation, as well as within the time limits
provided for in paragraph 3.1.2. of this Agreement, the demolition of the property will be carried out by
the PIU under SAWR.
       3.2. The PIU under SAWR is obliged to:
       3.2.1. Include the works specified in paragraph 2.5. of this Agreement in the design and estimate
documentation for the construction of a mudflow structure, and ensure their execution.
                                  4. CONCILIATION OF DISPUTES

        4.1. In the event of disputes arising under this Agreement, the Parties will make every effort
to resolve them through negotiations. If it is impossible to resolve the dispute through negotiations, the
dispute is subject to judicial review in accordance with the legislation of the Kyrgyz Republic.
                           5. FINAL PROVISIONS OF THE AGREEMENT

         5.1. The citizen confirms that at the conclusion of this Agreement, the rights of third parties
are not violated, that she has all the powers (legal capacity) to conclude and execute this Agreement,
is familiar with and agrees to all the terms of this Agreement.
         5.2. The citizen confirms that the implementation of the obligations assumed by the PIU under
SAWR under this Agreement terminates her right to claim from the PIU under SAWR, and other
persons, material consideration in any form and amount for damage (demolition/dismantling) of the
property specified in paragraph 1.1. of this Agreement.

May 2021                                                                                      30
5.3. This Agreement comes into force from the moment of signing by both Parties and is valid
until the Parties fully fulfill their obligations under it.
        5.4. This Agreement is made in Russian, in 2 original copies, having the same legal force, one
for each of the Parties.
        5.5. This Agreement, as well as all matters not provided for therein, shall be interpreted and
regulated in accordance with the legislation of the Kyrgyz Republic.
             6. ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES

 PIU under SAWR:                              Citizen:
 720055, 4"a Toktonaliev st., Bishkek, Kyrgyz Kyrgyz Republic, Zhalal-Abad region, Bazar-
 Republic                                     Korgon rayon, Kenesh Aiyl Okmotu,
                                              Abduraimov village, st.__________, buil.
                                              #______
 Phone/fax: +996 (312) 549108, 549074 Tel.: +996. _________________________
 (acountant office)                           e-mail: ____________________________
 e-mail: ccd-rwrsp@water.gov.kg
 TIN:        01511201910018                   Passport series: ____№ ______________
 OKPO code: 30699138                          PIN: ______________________________
 Social fund ref. #: 101100022554             BANK name:________________________
 Bank details:                                Operating account: _________________
 BIC:        135001
 BANK name: OJSC “Ayil Bank”
 Operating account: 1350108036960793

 _________________________ N. B. Nabiev          __________________________AP#2
        (signature)                                            (signature)

May 2021                                                                                  31
Appendix 7. Order of the PIU Director to pay AP#1 compensation

May 2021                                                                32
[Translation]

   КЫРГЫЗ РЕСПУБЛИКАСЫНЫН                                        ГОСУДАРСТВЕННОЕ АГЕНТСТВО ВОДНЫХ
АЙЫЛ, СУУ ЧАРБА ЖАНА АЙМАКТАРДЫ                                              РЕСУРСОВ
    ѲНҮКТҮРҮҮ МИНИСТРЛИГИНЕ                                         ПРИ МИНИСТЕРСТВЕ СЕЛЬСКОГО,
            КАРАШТУУ                                               ВОДНОГО ХОЗЯЙСТВА И РАЗВИТИЯ
         СУУ РЕСУРСТАРЫ                                           РЕГИОНОВ КЫРГЫЗСКОЙ РЕСПУБЛИКИ
     МАМЛЕКЕТТИК АГЕНТТИГИ
                                                                         ОТДЕЛ РЕАЛИЗАЦИИ ПРОЕКТА
"СУУ РЕСУРСТАРЫНЫН КЛИМАТТЫН                                         «ПОВЫШЕНИЕ УСТОЙЧИВОСТИ ВОДНЫХ
  ӨЗГӨРҮҮСҮНӨ ЖАНА ТАБИГЫЙ                                            РЕСУРСОВ К ИЗМЕНЕНИЮ КЛИМАТА И
  КЫРСЫКТАРГА ТУРУКТУУЛУГУН                                               СТИХИЙНЫМ БЕДСТВИЯМ»
         ЖОГОРУЛАТУУ"
ДОЛБООРУН ИШКЕ АШЫРУУ БθЛΥМΥ

         CLIMATE CHANGE AND DISASTER – RESILIENT WATER RESOURCES SECTOR PROJECT
                               PROJECT IMPLEMENTATION UNIT

         Кыргыз Республикасы             4 "a", А. Toktonaliev St.               Кыргызская Республика
           720055 Бишкек ш.                  720055 Bishkek                         720055 г. Бишкек
       Токтоналиев А. көч. № 4"а"            Kyrgyz Republic                    ул. А. Токтоналиева, 4"а"
      Тел/факс: + (996 312) 549108        Tel/Fax: + ( 996 312)             Тел. / факс: + (996 312) 549108
  Эл. почтасы: ccd rwrsp@water.gov.kg             549108                   Эл. почта: ccd-rwrsp@water.gov.kg
                                                E-mail: ccd-
                                          rwrsp@water.gov.kg

                                                    ORDER
    No. 26 "___01__" March 2021                                                                    Bishkek city
    In order to implement the Resettlement and Land Acquisition Plan (LARP) for the "Pravaya Vetka" sub-
    project, developed in pursuance of the Agreement between the Kyrgyz Republic and the Asian
    Development Bank on financing of L3746/G0632-KGZ:Climate Change and Disaster Resilient Water
    Resources Sector Project, ratified by the Law of the Kyrgyz Republic dated June 27, 2019 No. 3198-
    VI, as well as in pursuance of the terms of the Agreement on the payment of compensation for damaged
    property, concluded on 16/02/2021 between the State Agency for Water Resources Wife of AP#2, in
    accordance with paragraphs 45 -50 Project Administration Guidelines:

                                                  I ORDER:
1. The accounting department of the Project Implementation Unit shall ensure the payment of monetary
   compensation to the citizen of the Kyrgyz Republic Wife of AP#2, passport series ID [No] [issued] by
   [dated], registered at the address: Kyrgyz Republic, Jalal-Abad oblast, Bazar-Korgon district, Kenesh
   aiyl aimak, Kyzyl-Octyabr village, the property of whom is affected by the Project.
2. The amount of monetary compensation is KGS 38 460 (thirty-eight thousand four hundred and sixty).
3. Make the payment by bank transfer to the settlement account No. 1380201020617006, opened in
   FINCA Bank in the name of Wife of AP#2, from the category "Expenses for resettlement and land
   acquisition".
4. I reserve control over the execution of this order.

    N.N. Nabiev
    Director

    May 2021                                                                                          33
Appendix 8. Bank payment of compensation AP#1

May 2021                                                   34
Appendix 9. The grievance registration form

Name of Person Raising Grievance: (information is optional and always treated as confidential)
Gender: □ Male      □ Female

Address or contact information for Person Raising Grievance: (information is optional and confidential)
E-mail:
Phone:
Address:

Location where grievance/problem occurred (write in)

Oblast:                                 Rayon:                                  Village/ Mahalla

Category of Grievance:

 Inclusion in LARP  Compensation            Restriction or    Crop Compensation          Loss of business
                       Rate                  loss of access

 Registration /        Disturbance:         Damage to         Utilities Relocation       HSE Concerns
Ownership Status       Noise / Vibration /   Infrastructure /
                       Dust                  Assets

 Recruitment /         Canal                Appreciation      Suggestions                Other
Employment             Upgrading

Brief Description of Grievance or Inquiry: (provide as much detail and facts as possible)

Please include any other information that you consider relevant, other matters or facts, including supporting
documents:

Do you request that identity be kept confidential?
Yes          No

2. Previous Efforts to Resolve the Complaint

3. Information on Authorized Representative.
(If Authorized Representatives are not complainants themselves, their names will be disclosed as needed, in
order to ensure transparency).

                                                                                     Contact          E-mail
Name                                   Positions/Organizations Addresses
                                                                                     numbers          addresses

Gender: □ Male      □ Female

28 January 2021                                                                                       35
Please provide evidence of the authority to represent the complainant which must include the complainant’s
signature.

Do you request that identity be kept confidential?
Yes          No

Name of the person who completed this form: Please send the complaint to:
                                                By letter post: Grievance Redress Mechanism
Signature:                                      Attention to: Climate Change and Disaster Resilient Water
                                                Resources Sector Project, Project Implementation Unit
Date:                                           4 A Toktonalieva str.
                                                720055, Bishkek, Kyrgyzstan
                                                Email: : ccd-rwrsp@water.gov.kg
                                                Phone line: +996 (312) 561 637

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Appendix 10. Order, Protocol on the creation of the LGRG for Pravaya Vetka
Subproject

KYRGYZ REPUBLIC ZHALAL-ABAD REGION BAZAR-KORGON RAYON KENESH AIYL
OKMOTU KENESH AIYL AIMAG

                                        Order # 385b

16.10.2020                                                               Rural council

On the proposal to the members of GRG members within the framework of the “Climate
Change and Disaster-Resilient Water Resources Sector Project” for the Kenesh Aiyl Aimak.

For the effective implementation of “Climate Change and Disaster-Resilient Water
Resources Sector Project”, initiated by the State Agency for Water Resources under the
Government of the Kyrgyz Republic, as well as timely resolution of emerging issues and
consideration of complaints received from the population:

1.    While implementing this project, recommend the following persons as a member of
the GRG of the Kenesh Aiyl Aimak:

- M. Kaipov – Kenesh Aiyl Okmotu, lawyer,
- B. Moldokulov – Kenesh Aiyl Okmotu, land specialist,
- R. Abdykadyrov – Kenesh Aiyl Okmotu, land specialist,
- Toichu Ergeshov - head of WUA
- T. Azhykulov, head of Kyzyl-October village

2. To provide comprehensive assistance in the implementation of this project, use the
persons proposed to GRG of the Kenesh Aiyl Aimak.
3. The head of Kyzyl-Oktyabr Aiyl Okmotu Adzhikulov was appointed the local contact
person.
4. Control over the execution of the order should be entrusted to the deputy head of Aiyl
Okmotu U Saipov

Head of Kenesh Aiyl Aimak:                  R. Omurzakov

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[Translation]

                                        Meeting Minutes

Кенеш айылы (rural council)                                                         14.10.2020

Subject matter:

Within the framework of “Climate Change and Disaster-Resilient Water Resources Sector
Project", funded by the Asian Development Bank (ADB) establishment of Grievance Redress
Group for the effective implementation of the irrigation network under the project.

Attendees:
1.     Ularbyek Saipov, Deputy head of Kenesh A/O
2.     Kuliyev Talai, Executive Secretary of the Kenesh A/O
3.     Arzybayev Zhanyshaly, social work specialist of Kenesh A/O
4.     Moldokulov Batyrbek. Land specialist of Kenesh A/O
5.     Abdikadyrov Rakhmatali, land specialist of Kenesh A/O
6.     Toychu Ergeshov, head of WUA
7.     A. Zholdoshov, WUA member
8.     Toktorali Azhykulov, head of Kyzyl-October village
And others

Currently, the State Agency for Water Resources under the Government of the Kyrgyz
Republic is implementing the “Climate Change and Disaster-Resilient Water Resources Sector
Project”. This project includes the Pravaya Vetka irrigation water network. This network
provides irrigation water to the population of the Kenesh Ayil Aimag. Within the framework of
this project, a number of measures and construction works are planned to improve the main
canal. The project also provides for the reconstruction of several small canals and ditches with
the participation of the population. In framework of project implementation, when performing
special construction works, various issues may arise, claims and proposals may be received
from the population. If disputes arise and problems are not resolved on time and quickly, they
can seriously affect the project progress. In this regard, the Kenesh Ayil Aimag needs to
Establish Grievance Redress Group.

Speakers/discussion /recommendations

Saipov took the floor first: there is a need for the construction of mudflow structure in the area
of Kyzyl-Oktyabr, as mentioned above. The reason is that a mudslide descending into the
gorge can fill the channel and the underlying land, thereby causing damage.

Ergeshov Toychu: if the overchute is not built, then in May-June, as a result of rains, mudslides
will flood the canal. If the population is not provided with water in a timely manner, the land
under cultivation will suffer from a crop failure (poor harvest).

decided as follows:

The following persons are recommended for the GRG for the Kenesh Ayil aimag

1.     M. Kaipov-Kenesh Aiul Aimag lawyer,
2.     B. Moldokulov - land specialist,

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