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plot/house used for residence, only cash compensation will be provided, unless livelihoods are
affected, in which case the entitlement matrix in 4.3.6 applies and the processes outlined for
livelihood restoration in section 7.3 apply. If land plots/housing provides the main source of non-
agricultural livelihoods for the PAPs, PAPs will be assisted in finding equivalent land/housing
such that they can continue their existing livelihood. If this were to require relocation, PAPs will
receive relocation assistance as well as assistance restoring their source of livelihood. If PAPs
prefer, they will instead be offered the chance to participate in programs outlined in 7.3 for
restoration or finding alternative sources of livelihood. All above mentioned costs will be spend
by private investor.
Involvement of each private investor in the project will be judged by developed indicators (see
annex 4). If any of the indicators is checks as “significant”, the private investment is not eligible
for support with matching public infrastructure.
5.4 Other Organizations and Agencies
Civil Works Contractor
A Civil Works Contractor to be appointed by the MDFG to undertake the construction will be
responsible for mitigating impacts resulting from the construction activities. Based on the RAP
and the Technical Design, the parcel of land that will be identified and acquired will be demarcated
to clearly delineate it from the remaining non-acquired parts. The construction activities shall be
monitored closely by the MDFG to ensure compliance to the temporary mitigating measures.
Court of Georgia
The Court of Georgia shall be the last resort for issues and concerns regarding the implementation
of the aspects of the RAP relating to Georgian Law. In the case that there is no agreement between
the MDFG and the PAPs concerning the acquisition of private properties, the MDFG with the
mandate for expropriation based on existing legislations will submit to the Court a request for
expropriation. Upon its approval and following prescribed procedure, MDFG will then take over
the concerned property after having been given by the Court the right of the Expropriator.
Furthermore, in cases where complaints and grievances regarding RAP implementation and
compensation are not solved at the various levels as prescribed in the agreed Grievance Redress
Mechanism, the PAPs will have the right to appeal the case to the Court. According the constitution
of Georgia: “Acts of courts shall be obligatory for all state bodies and persons throughout the
whole territory of the country.
Ministry of Finance
The budgets for the implementation of RAP will be provided to MDFG by the Ministry of Finance
following its official approval. The RAP budget will be allocated on the accounts of MDFG (or its
fiscal agent) that is responsible for the financial management of the project.
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Ministry of Justice
The Ministry of Justice is responsible for legal matters regarding land ownership, and National
Agency of Public Registry (NAPR) within the Ministry of Justice is in charge of the registration
of land ownership and its transfer through purchase agreement from landowners to the MDFG.
Donor WB
Besides supervising the Project periodically, the WB will review RAPs and provide clearance to
contract awards signing and initiation of civil works for construction under the Project.
5.5 Capacity Building on LAR
Initial capacity building for relevant agencies was carried out during the preparation of RAP at the
feasibility study stage. Close consultations were held with all the concerned departments. MDFG
has established the Resettlement Management Team dealing with land acquisition and
resettlement. Training will be provided by the consultant’s resettlement specialist to the officials
on the requirements of WB OP 4.12 policy and how to develop a balanced compensation package
fulfilling the requirements of PAPs, Government, MDFG, donor IFIs. Capacity building training
will also be initiated through a series of consultations and informal training sessions at the local
administration level. Rayon level LAR Teams will be formed at each rayon that will be responsible
for LAR activities assisting the LARC of the MDFG in the process of RAP implementation.
In terms of capacity and manpower resources within Resettlement Team of the MDFG, some
expansion of the capacity on LAR is desired to allow an effective execution of all LAR related
tasks for the project. The Environmental and Resettlement Safeguards Unit comprises the
following staff units: Head of the Unit, three (3) Environmental Specialists, two (5) Resettlement
Specialists and one (1) Social and Gender Specialist. LARC, at Rayon and field levels involved in
LAR activities will undergo training on WB resettlement policy and management. The training
will be provided under the relevant WB programs for capacity building of executing agencies on
involuntary resettlement. Training will cover the following topics (Training will be financed under
RDP III):
(i)
Principles and procedures of land acquisition (WB and GOG);
(ii)
Stakeholders
of the project
(iii)
Organizations involved in the process of land acquisition and
resettlement and their roles
(iv)
Public consultation
and participation process;
(v)
Entitlements, compensation
and disbursement mechanisms;
(vi)
Grievance redress; and
(vii)
Monitoring of resettlement operations.