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implementation tasks and coordination within the MDFG, as well as at central and local
government levels.
The specific tasks of the MDFG RMT will be to (i) supervise preparation of RAPs for construction
contracts and implement it after concurrence from donor IFI; (ii) establish land acquisition and
resettlement (LAR) capacity at the regional level; (iii) ensure proper internal monitoring; and (iv)
hire, following the donor IFI recommendation, the external monitoring agency.
The RMT will also provide all necessary documentation to ensure the prompt allocation of land
acquisition and resettlement compensation to the PAPs and will maintain the coordination of all
land acquisition, resettlement and livelihoods-restoration related activities.
The MDFG will be responsible for ensuring that an independent consultant/company for RAP
preparation is engaged to conduct any survey and documentation, including cadastral survey, PAPs
census, inventory of losses, and valuation of land and assets for replacement value. RAP will be
prepared based on findings of the surveys following the final detailed engineering design for each
sub-project.
An external and independent consultant will also be responsible for writing/updating RAPs.
Based on the MDFG's decision and the prices for land acquisition and easements, the offer of
purchase of land parcels shall be undertaken. If PAP agrees on the acquisition he/she will confirm
such agreement in writing by signing the Sales/Purchase Agreement that will be registered with
the Public Registry. This agreement will serve as the basis for compensation payment processing
and release. If agreement is not reached between the PAP and the MDFG Resettlement
Management Team later will take decision to start expropriation.
The RMT will also be responsible for all livelihoods restoration activities. This will include
ensuring that consultations are held with PAPs who are losing livelihoods/whose incomes will
decrease, helping them to develop alternatives for livelihoods restoration, linking these PAPs with
government programs to promote employment/livelihoods, and developing tailored assistance to
PAPs that may need this assistance to return to their pre-project income level.
Rayon LAR Team
Rayon LAR Team will be an informal group established for each sub-project through participation
of rayon and village authorities and PAPs in order to provide technical assistance to the MDFG in
the preparation and implementation of the RAP. The assistance includes identification of the
affected landowners and users, defining the boundaries of land parcles, obtaining data on
ownership, relations with PAPs, settling disputes in an informal way, ensuring unimpeded
legalization of legalizable land plots, etc.The rayon level team is represented by the Gamgebeli,
head of the local office of NAPR (National Agency of Public Registry), representatives of affected
villages and Resettlement Management Team (RMT) of the MDFG. By instructions of the Rayon
LAR Team, LAR Working Groups comprising village representatives (Rtsmunebuli),
Rtsmunebuli shall verify with his signature the list of affected land owners and users as well as the
measuring and inventorying of each affected land plot by the MDFG Consultant in attendance of
land owners. The staff of NARP local office and social service agency shall collaborate with the
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LAR Working Groups assisting them in obtaining archive documents, determining the social status
of the PAPs and registration of their property. Based on the LARP recommendations, the
resettlement unit of the MDFG shall start negotiations with the PAPs on the purchase of affected
land plots and other assets in order to compensate for the loss of land and property (for both formal
and informal users) Simultaneously, the MDFG will ensure proper consulations with the PAPs in
assesing their individual needs for full restoration of their livelihoods and propose respective
matrix for different types of livelihoods losses and mitigation measures. In case of agreement,
PAPs will sign contract agreement indicating that they accept the compensation provided to them
and the contract shall be registered at NAPR. During the negotiations and property registration the
Resettlement Team of the MDFG shall be assisted by LAR group members, including village
Rstmunebuli, NAPR local office staff, etc. A purchase agreement is the basis for compensation
payment. The compensation amount is decided by an authorized independent valuation company
selected by the MDF.If the negotiation between an PAP and MDFG fails, the MDFG which will
start the expropriation process. At the same time LAR Team shall inform the PAPs about the
availability of grievance redress mechanism (see Section 9), which can be used for informal pre-
litigation resolution of disputes.
In case of private investors will be involved in project implementation will be obligated to carry
out all their actions according Georgian legislation and World Bank safeguard policy requierments
as described above, especially:
1.
PAP’s occupied or using agricultural land that is owned by private investors and after
private investors will be involved in project implementation losing agricultural land plots, which
is the only land plot owned by PAP, from private investors side will be compensated with one time
allowances in cash equal to 1 year of minimum substances income of the family of five to allow
the PAP to establish the economic activities elsewhere. In case of being defined as vulnerable,
PAPs get additional compensation amounting 3 months of minimum subsistence income for a
family of five. In order to support the full restoration of livelihoods, PAPs will also be assisted in
finding equivalent agricultural land plots in equally accessible and nearby locations. If land is not
available in nearby locations, PAPs will be assisted in determining whether they prefer support for
alternative sources of livelihood or assistance relocating to areas where agricultural land of similar
quality and price is available. In the case that relocation is necessary, PAPs will also receive
relocation assistance. All above mentioned costs will be covered by private investor.
2.
PAP’s occupied or using non-agricultural land that is owned by private investors and after
private investors will be involved in project implementation will be lost plot or/and houses, which
is the only land plot/house used for residence, from private investors side will be compensated
with a one-time self-relocation allowance in cash equal to 1 year of minimum subsistence income
for a family of five or providing with an alternative residence with adequate conditions and access
to service. These PAPs will be assisted in finding housing near to sources of income, such that
these remain unaffected. If PAPs are unable to continue with their source of livelihood after
relocation, they will be provided compensation for the loss of livelihoods as outlined in the
entitlement matrix in section 5.3and assisted in restoring their livelihoods using the processes
outlined in section 7.3. In the case that the land plot/house used for residence is not the only land