Grievance Redress Mechanism

Project Name: Kvesheti-Kobi Road Project

Financing Agency:

LOT 1 – Asian Development Bank and European Bank for Reconstruction and Development

LOT 2 – Asian Development Bank

Implementing Agency: Road Department of Georgia

Construction Supervision Consultant: UBM INTERNATIONAL UNITED CONSULTANTS INC.

Construction Contractor:

LOT 1 – China Railway Tunnel Group – CRTG

LOT 2 – China Railway 23^rd Bureau Group – CRCC

Project Brief: The Government of Georgia has launched a program (Regional Development Program of Georgia 2018-2021) to upgrade the major roads of the country. As a part of the program, upgrading Jinvali-Larsi section of the E117 is planned. The main results expected from investment in Kevesheti – Kobi road include guaranteeing operational continuity during wintertime when transportation has been hindered historically, improvement of safety by reduction in fatality, injury and accident rates and travel time savings for passengers and freight transport. The new Kvesheti-Kobi Road Project will guarantee operational continuity during wintertime; Furthermore, locals having year- round access to the healthcare, education institutions, trading centers, etc., that will significantly improve quality of life in Kazbegi and Dusheti Municipalities.

Within the framework of the project it’s planned to construct 23 km long, 2-lane asphalt-concrete road, 5 bridges and 5 tunnels. The project also includes repair and rehabilitation of 1 bridge. Pedestrian crossings, pedestrian paths and pedestrian / cattle crossings will be arranged as well.

For construction purposes the Project road is divided into two Lots:

LOT 1: Construction Contractor: China Railway Tunnel Group – CRTG

The section begins at KM12+720 and ends at KM 22+751 covering the villages: Kobi, Tskere, Almasiani. It runs from Tskere tunnel portal to Kobi junction where it connects with the exiting road. The main element of this section is 9 km tunnel (Tunnel No 5). An emergency tunnel will run in parallel to the main tunnel with 18 connections to the main tunnel and service buildings will be arranged at both North and South portals. The Tunnel will have a 178 m long section of road from Tskere to the South Portal and 700m long section of road from North portal to village Kobi, this section of road will merge with existing Jinvali-Larsi Road.

For implementation of the Project activities construction of two Campsites is planned. Construction of one campsite in vil. Kobi is already completed. Construction of batching and stone crushing plants in vil. Kobi is also completed.

LOT 2: Construction Contractor: China Railway 23^rd Bureau Group – CRCC

The section from Kvesheti to Tskere begins at KM 0+000 and ends at KM 12+700 covering the villages: Kvesheti, Arakhveti, Zakatkari, Benian-begoni, Sviana-Rostiani and Mugure. The Project considers construction of 8 km road section with 5 bridges and 4 tunnels. The average length of bridges is between 148m and 435m and the length of tunnels between 50m and 1,3km.

For implementation of the Project construction of 3 campsites is planned. Construction works of two campsites one in Zaqatkari and one in Arakhveti have already been commenced.

Grievance Redress Mechanism: Grievance redress mechanisms (GRMs) are institutions, instruments, methods, and processes by which a resolution to a grievance is sought and provided. GRM is seen by ADB as a pre-litigation mechanism for conciliation of disagreements and addressing concerns of project affected persons (PAPs) at early stages of dispute. GRM is aimed on smooth and creative resolution of disputes, minimizing time and resources waste and reputational risk to the project. The experience gained in ADB and other donor funded projects demonstrates that the efficient GRM enables to avoid time-consuming and complex legal procedures in majority cases of claims.

The GRM is an integral part of the ADB Accountability Mechanism (AM) that complements the problem solving (OSPF) and compliance review (CRP) functions of the ADB AM Policy 2012. The GRM is also aligned with the EBRD’s Project Complaints Mechanism (PCM), which is the EBRD’s accountability mechanism that has been established to assess and review complaints about Bank-financed projects.

According to the ADB SPS 2009 requirements, the GRM should be arranged to address the resettlement related issues (SPS 2009 – Safeguard Requirements 2: Involuntary Resettlement, Requirement 7. Grievance Redress Mechanism) and the environmental concerns of the affected communities and other stakeholders (SPS 2009 – Safeguard Requirements 1: Environment, Requirement 5. Grievance Redress Mechanism).

It is a mechanism to receive and facilitate the resolution of affected persons’ concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups. The grievance redress mechanism should be scaled to the risks and adverse impacts of the project. It should address affected persons’ concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the affected persons at no costs and without retribution.

The mechanism does not impede access to the country’s judicial or administrative remedies.

A GRM for the Project has already been established, which is operated in compliance with the Georgian Regulations and ADB Policy requirements. It represents available and effective instrument to allow the APs and all stakeholders to appeal any disagreeable decision, practice, or activity. The scope of the project GRM is to address issues related to involuntary resettlement, social and environmental performance, and information disclosure.

The PAPs have the right to file complaints and/or queries on any aspect of the project, including land acquisition and resettlement. Under the adopted grievance mechanism, the PAPs may appeal any decision, practice or activity related to the project. All possible avenues are made available to the PAPs to voice their grievances.

The RD ensures that grievances and complaints on any aspect of the project are addressed in a timely and effective manner.

The project GRM consists of the project-specific systems established at the municipal level and a regular system established at the RD. Grievance Redress Committees (GRCE) were established at a municipal level as a project-specific instrument, and will function for the duration of project implementation. Grievance Redress Commission (GRCN) is formed as an informal structure within the RD to ensure grievance review, resolution and record. Care is taken to prevent grievances rather than going through a redress process. According to the Georgia

Representative of the Resettlement Service of RD is responsible for coordination of the Committees work and at the same time, he/she is nominated as a Contact Person who receives the grievances and handles the grievance logbook. The local authorities at the municipal level, Contractor, Engineer, as well as PAPs (through informal meetings) are informed about the Contact Person and his contact details are available in offices of all mentioned stakeholders.

The Contact Person collects and records the grievances, informs all members of the Committee and the management of RD about the essence of the problem, engages the relevant stakeholders in discussions with the applicant of grievance and handles the process of negotiation with AP at the stage 1 of the grievance resolution. The Contact Person prepares the minutes of meetings and ensures signatures. In case the grievance is resolved at the stage 1, the Contact Person records the fact of closing the grievance in his logbook and informs RD management about this in writing.

If the complainants are not satisfied with the GRCE decisions, they can always use the procedures of Stage 2 of grievance resolution process. In that case, the Contact Person helps the PAP in lodging an official complaint (the complainant should be informed of his/her rights and obligations, rules and procedures of lodging a complaint, format of complaint, terms of complaint submission, etc.). PAP can lodge grievances with the Grievance Redress Commission (GRCN) at the Resettlement Division of the RD at the national level within two weeks after receiving the decision from GRCE. The complainants must produce documents supporting his/her claim. The GRCN will review the GRCE hearing records and convey its decisions to the aggrieved APs within four weeks after receiving the complaint.

If the RD decision fails to satisfy the aggrieved APs, they can pursue further action by submitting their case to the appropriate court of law (local courts) without reprisal. The aggrieved AP can take legal action over the amount of compensation or any other issues, e.g. occupation of their land by the contractor without their consent, damage or loss of their property, restrictions on the use of land/assets, environmental concerns such as dust caused by the contractor’s machinery, etc.

The PAPs were informed about the available GRM. This was achieved through implementing information campaigns, distributing Project information brochure, keeping all focal points up-to-date & maintaining regular communication with them, allowing multiple entry points for complaints and introducing forms for easer reporting of complaints.

Contact Information for LOT 1:

The Contractor’s Social Specialist: Davit Kakhishvili – 995 599922423

Hotline: 599451982

Head of Administrative unit of Kazbegi Municipality in vil. Kobi: Givi Chkareuli – 995 577 076 293

Resident of vil. Almasiani: Liza Iloshvili – 995 551 533 865

Contact Information for LOT 2:

The Contractor’s Environmental Specialist: Levan Giorgadze – 995 577149188

Hotline: 577668881

Head of Administrative unit of Dusheti Municipality, Focal person:Tengiz Bedonidze – 995 577 668 881

Resident in vil. Rostiani, Focal Person: Mamuka Rostiashvili – 995 557 239 838

Resident in vil. Zaqatkari, Focal person: Zurab Zakaidze – 995 577 352 310

Resident in vil. Arakhveti, Focal Person: Ivane Burduli – 995 595 300050