Social Due Diligence Report Indonesia

Social Due Diligence Report

Project Number: 52316-001 Loan 3793-INO Due Diligence Report July 2021

Indonesia: Emergency Assistance for Rehabilitation and Reconstruction (Component 1: Public Works Infrastructure)

Rehabilitation of Gumbasa Weir of Gumbasa Irrigation Subproject

Prepared by: Directorate General of Water Resources, Ministry of Public Works and Housing for the Asian Development Bank.

This social due diligence 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.

ABBREVIATIONS

ADB - Asian Development Bank BWSS III - Balai Wilayah Sungai Sulawesi III (S3RBO) CAP - Corrective Action Plan CPMU - Central Project Management Unit DDR - Due Dilligence Report DED - Detailed Engineering Design DGWR - Directorate General of Water Resources DILL - Directorate Irrigation and Lowland EA - Executing Agency EARR - Emergency Assistance for Rehabilitation and Reconstruction GRM - Grievance Redress Mechanism IA - Implementing Agency IP - Indigenous People IR - Involuntary Resettlement MOU - Memorandum of Understanding MPWH - Ministry of Public Works and Housing PASIGALA - Palu Sigi Donggala PCO - Public Complaints Officer PIB - Public Information Booklet PIU - Project Implementation Units PMC - Project Management Consultant PPC - Project Preparation Consultant PPK - Pejabat Pembuat Komitmen –Subproject Manager RCCDF - Resettlement and Customary Community Development Framework SIA - Socio Impact Assessment S3RBO - Sulawesi III River Basin Organization (BWSS III) SPS - Safeguards Policy Statement WUA - Water User Association

This due diligence 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. Your attention is directed to the “terms of use” section of this website.

DEFINITION OF TERMS

Affected persons (APs) Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement. In the case of affected household (AH), it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project. Census of Affected The census is a count of all displaced persons irrespective of their titled Persons or non-titled land ownership status. Its purpose is to accurately document the number of displaced persons and to create an inventory of their losses finalized on the basis of a DMS. A census describes the persons who are displaced, their livelihoods and income sources, and what they are likely to lose because of the project. Compensation This is payment given in cash or in kind to AP at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project. Detailed Measurement With the use of approved detailed engineering drawings, this activity Survey (DMS) involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of APs done during the preparation of this resettlement plan (LARP). The final cost of resettlement will be determined after the DMS. Eminent The right of the state using its sovereign power to acquire Iand for domain/Compulsory Land public purposes. National law establishes which public agencies have Acquisition the prerogative to exercise eminent domain. Entitlement Refers to a range of measures, such as compensation in cash or in kind, income restoration support, transfer assistance, livelihood substitution, relocation support, etc., which are provided to the APs depending on the type and severity of their losses to restore their economic and social base. Entitled party Party that controls or possessed land acquisition objects. Impact Extent of social and economic impacts resulting from the implementation of an activity. In land acquisition/ resettlement, the degree of impact will be determined by (a) scope of economic loss and physical displacement/relocation; and (b) vulnerability of the affected population/entitled party. Impact can be positive or negative. Livelihood Restoration This involves re-habilitating the sources of income and livelihoods of severely affected and vulnerable APs to supplement compensation received for acquired assets, in order to achieve, at a minimum, full

restoration of living standards and quality of life. Meaningful Consultation A process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Due Dilligence Report ADB's safeguard due diligence and review emphasizes environmental and social impact assessments and the planning process, in addition to safeguard documentation. Due diligence and review involves field visits as well as desk reviews. Through such due diligence and review, ADB will confirm (i) that all key potential social and environmental impacts and risks of a project are identified; (ii) that effective measures to avoid, minimize, mitigate, or compensate for the adverse impacts are incorporated into the safeguard plans and project design; (iii) that the borrower/client understands ADB’s safeguard policy principles and requirements as laid out in Safeguard Requirements 1–4 and has the necessary commitment and capacity to manage social and environmental impacts and/or risks adequately; (iv) that the role of third parties is appropriately defined in the safeguard plans; and (v) that consultations with affected people are conducted in accordance with ADB's requirements. For subprojects that are under construction or existing project facilities and/or business activities; land acquisition completed prior to project preparation. Relocation This is the physical displacement of the AP from his/her pre-project place of residence and/or business Resettlement Refers to various measures provided to APs in mitigating any and all adverse social impacts of the project, including compensation, relocation (where relevant), and rehabilitation as needed. Severely Affected This refers to APs who will (i) lose 10% or more of their total productive Person assets, (ii) have to relocate, and/or (iii) lose 10% or more of their total income sources due to the project. Vulnerable Groups These are distinct groups of people who might suffer more or face the risk of being further marginalized due to the project and specifically include: i) households that are headed by women, ii) household heads with disabilities, iii) households falling under the regional poverty line, iv) elderly household heads, v) land less, vi) people without legal title to land (non-land rights holders), vii) indigenous people or customary communities.1

1 This definition is in line with Law No. 39/1999 (Article 5 elucidation) on Human Rights. Vulnerable populations include the elderly, children, the poor, pregnant women and people with disabilities.

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TABLE OF CONTENTS

ABBREVIATIONS ...... i LIST OF TABLES ...... 1 LIST OF FIGURES ...... 2 APPENDICES ...... 2 EXECUTIVE SUMMARY ...... 3 I. INTRODUCTION ...... 5 A. Project Background ...... 5 B. Subproject Description ...... C. Screening for Involuntary Resettlement (IR) and Indigenous People (IP)...... 10 II. DUE DILLIGENCE PURPOSE AND METHODOLOGY ...... 12 III. SPATIAL PLAN OF SIGI DISTRICT ...... 13 IV. STATUS OF LAND AND PROJECT IMPACTS ...... 14 V. CONSULTATION AND GRIEVANCE REDRESS MECHANISM ...... 21 VI. INSTITUTIONAL ARRANGEMENT ...... 27 VII. COMPLIANCE ASSESSMENT ...... 28 VIII. MONITORING AND EVALUATION ...... 33 IX. CORRECTIVE ACTION PLAN ...... 34

LIST OF TABLES Table 1: Subproject Component and Landownership Status ...... 6 Table 2: Affected Structures and Estimation of Losses ...... 14 Table 3: Vulnerability of vendors within the Gumbasa Weir area ...... 15 Table 4: Entitlement Matrix fo Affected Vendors ...... 15 Table 5: Existing Location Distcnace wth theTemporary and Permanent Relocation Area ...... 16 Table 6: Propose Livelihood Restoration Programs ...... 17 Table 7: Gender of Family Heads and Other Family Members of AHs ...... 18 Table 8: Age Distribution of Affected Persons ...... 18 Table 9: Educational Attaintment of Affected Persons ...... 19 Table 10: Main Occupations of Family Heads ...... 20 Table 11: Average Monthly Income of Affected Households ...... 20 Table 12: Summary of consultations held for rehabilitation of Gumbasa Weir ...... 22 Table 13: Compliance Matrix ...... 28 Table 14: Entitlement matrix ...... 34 Table 15: Corrective Action Plan ...... 35

LIST OF FIGURES Figure 1: Location Map ...... 7 Figure 2: Layout of Gumbasa Weir...... 8 Figure 3: Location Map of Supporting Facilities ...... 9 Figure 4: Location Map of Indigenous Peoples and Customary Lands of Ngata Pandehe ...... 11 Figure 5: Sketch the Existing Location, Temporary and Permanent Relocation Area ...... 16

APPENDICES Appendix 1: Gumbasa Weir Asset Ownership Documents 1 ...... 37 Appendix 2: Gumbasa Weir Asset Ownership Documents 2 ...... 38 Appendix 3: Photo Documentation ...... 41 Appendix 4: Involuntary Resettlement (IR) Screening dan Indegenous People (IP) Screening for Gumbasa Weir ...... 43 Appendix 5: Template Complaints /Grievance Form and Monthly Registered ...... 52 Appendix 6: Draft Project Information Booklet ...... 54 Appendix 7: Calculation of Unit Rate for Affected Kiosk ...... 58 Appendix 8: Data of Vendors Within The Gumbasa Weir Area ...... 60 Appendix 9: Decree of the Establishment of Project Implementation Unit ...... 62

EXECUTIVE SUMMARY

1. In September 2018 there was an earthquake in Central Sulawesi province. This earthquake caused a tsunami and caused damage to the water resources infrastructure in the area. This included the Gumbasa Irrigation System. Many irrigation facilities were heavily damaged, especially in areas experiencing liquefaction. As a result of the earthquake, the Gumbasa Weir itself did not experience severe damage, but it is feared that the lower weir structure was affected. The weir is more than 40 years old, so some parts of the weir need to be repaired and upgraded. To overcome such conditions, restore the damage and improve the performance of the weir, it is proposed to rehabilitate the Gumbasa Weir. The rehabilitation of the Gumbasa irrigation system is included under the Emergency Assistance for Rehabilitation and Reconstruction (EARR) – Component 1 financed by the Asian Development Bank Loan No. 3793-INO.

2. Although the Gumbasa Weir did not suffer heavy damage, there were several areas that needed to be repaired and improved to restore the water supply and increase agricultural productivity. In addition, the main and secondary canals of Gumbasa irrigation system at several locations have suffered heavy damage.

3. The location of the Gumbasa Weir is in Pandere Village, Gumbasa sub-district, Sigi District, Central Sulawesi Province. The location can be reached in approximately 1.5 hours from Mutiara Sis Al Jufri Airport, Palu City (38 km). The Gumbasa Weir is located on the Palu - Kulawi road. It is located at 119º56'41.71" East Longitude and 1º12'53.78" South Latitude.

4. Besides the rehabilitation of the Gumbasa irrigation system, EARR’s output 2 under component 1 includes (i) the reconstruction and upgrading of the PASIGALA and Paneki raw water supply systems; and (ii) the construction of coastal protection works to prevent coastal erosion and tidal flooding. Where possible, nature-based solutions will be promoted. The river basin organization S3RBO will be strengthened to better design resilient infrastructure, improve O&M of assets, and stay equipped with hydrometeorological instruments for managing water flows across the river basin.

5. The rehabilitation of the Gumbasa Weir will consist of the following a. Repairing and improving the weir structure including its wing walls and replacing the scour gate and providing trash racks for the scour as well as the intake gates. b. Protecting river bends against erosion at two critical sections. c. Constructing a new flushing channel for the intake’s sand trap. d. Strengthening the left bank flood embankment. e. Landscape and supporting facility development

6. The screening of the Gumbasa Weir rehabilitation against social impacts conducted in accordance with ADB's SPS (2009) and EARR’s Resettlement and Customary Community Development Framework (RCCDF) confirms that the rehabilitation does not require land acquisition and is not located in an area with indigenous peoples. However, it was revealed that four food vendors having stalls on S3RBO land around the construction site will be affected by the construction work. The Due Dilligence is carried out to ensure that the land acquisition for this subproject has been conducted in accordance with the regulation of Indonesian government, ADB SPS and safeguard principle set forth in the Resettlement and Customary Community Framework (RCCDF) approved by ADB in May 2019. Where non- compliance is identified, a corrective action plan to adress the issues is prepared in agreement

with ADB.

7. The weir and its supporting facilities required approx 6 Ha, will be developed on the S3RBO land. Land acquisition for the Gumbasa irrigation system, including are for Gumbasa weir, was carried out by the Ministry of Public Works through Parigi - Poso Irrigation Program from 1976 to 1984; however, no written records appear to be available. Land certification will be carried out by S3RBO in 2021. The S3RBO has committed to provide a temporary area during the construction period near the existing are, so the vendors can continue their business. Once construction is completed, the vendors will be allocated an area on the shooping area to develop as one of supporting facilities.

8. A compliance assessment was carried out under the safeguard principles set out in the RCCDF. A corrective action plan that includes mitigation measures for the four vendors and arrangements for monitoring have been prepared. The corrective action plan will also include the following: delivering project information to the public; finalizing and distributing the Project Information Booklet; establishing and operationalizing a GRM; consultation and periodic meetings with local communities; disclosure of the DDR, GRM and monitoring reports on ADB and EA website; coordination with PASIGALA raw water pipe managers; and establishing a monitoring and evaluation (M&E) system.

I. INTRODUCTION

A. Project Background

1. The Government of Indonesia requested the Asian Development Bank (ADB) two loans in the amount of $297.75 million for the Emergency Assistance for Rehabilitation and Reconstruction (EARR), which supports the government in rebuilding infrastructure damaged by devastating disaster events in Central Sulawesi in September 2018. The loans were approved on 26 June 2019 and became effective on 8 November 2019. EARR is supporting the Government of Indonesia in building back better critical infrastructure damaged by the devastating natural disasters occurred in Central Sulawesi Province in September 2018. Loan 3793 finances two EARR outputs, i.e., output 1: human settlement infrastructure constructed, rehabilitated, and upgraded; and output 2: water resource infrastructure constructed, rehabilitated, and upgraded. The Ministry of Public Works and Housing (MPWH) is the executing agency for the two outputs.

2. The planned activities under the output 2 are to reconstruct, rehabilitate, and/or upgrade (i) the Gumbasa irrigation system; (ii) the PASIGALA raw water supply system; and (iii) coastal protection to prevent erosion and tidal flooding. In addition, the capacity of the Sulawesi III River Basin Organization (S3RBO) in Palu, Central Sulawesi will be strengthened to better design resilient infrastructure, improve the operation and maintenance of assets, and stay equipped with hydrometeorological instruments for managing water flows across the river basin.

3. The earthquake in 2018 caused a tsunami and caused damage to the water resources infrastructure in the area. This included the Gumbasa irrigation system. Many irrigation facilities were heavily damaged, especially in areas experiencing liquefaction. As a result of the earthquake, the Gumbasa Weir itself did not experience severe damage, but it is feared that the lower weir structure was affected. The weir is more than 40 years old, so some parts of the weir need to be repaired and upgraded. To overcome such conditions, restore the damage and improve the performance of the weir, it is proposed to rehabilitate the Gumbasa Weir.

4. To support the Gumbasa Weir rehabilitation, social due diligence is required in accordance with the Indonesian Government regulations regarding Land Acquisition Planning for Public Interest and the 2009 ADB SPS. The due diligence undertaken in December 2020 confirmed that that the weir rehabilitation does not have significant social impact, the subproject will not require land acquistion nor displacment people and is not located in indigenous people area. As stipulated in the 2019 RCCDF for subprojects that involve reconstruction or rehabilitation of facilities or where land has been acquired, a social compliance audit is required to determine the compliance status of social safeguards. If non-compliance is identified, a corrective action plan to address the problem is prepared by the Implementing Agencies (S3RBO) in agreement with ADB.

B. Subproject Description

5. The Gumbasa Weir falls under the Gumbasa irrigation subproject. It was originally built in 1931 during the Dutch East Indies era to supply the Gumbasa irrigation system. In 1971-1972 the Public Works Office of Central Sulawesi Province together with the Sub Directorate of Technical Irrigation Planning conducted a survey and re-planning of the Gumbasa irrigation system. The construction and development were continued and inaugurated in 1976 along with

the development of both primary and secondary irrigation canals.

6. The Gumbasa irrigation system serves approximately 8,180 ha. of potential agricultural land in Sigi District and Palu City. Within Sigi District, agricultural land is served in Gumbasa Subdistrict, Tanambulava Subdistrict, Dolo Subistrict and Sigi Biromaru Subdistrict, while South Palu Subdistrict in Palu City is served.

7. The Gumbasa Weir is a key part of the Gumbasa irrigation system. As a result of the 2018 earthquake, the Gumbasa Weir did not suffer heavy damage, but due to its old age it is feared that it will suffer more serious damage. Therefore, to ensure the longevity of the system and to improve irrigation services, reconstruction and rehabilitation of the weir is necessary.

8. To restore agricultural production of food crops in the Gumbasa irrigation area after the earthquake and liquefaction disaster in 2018, rehabilitation and reconstruction of the Gumbasa irrigation system is required. This is a priority in the context of restoring the local economy and increasing agricultural productivity and is therefore included under output 2 of EARR’s component 1.

9. The weir rehabilitation works to be carried out under one civil works package (Package 1A) will consist of the following [from a) to i)]. The sub-project components for Gumbasa weir rehabilitation and their land ownership status can be seen in Table 1 below.

10. The rehabilitation of the Gumbasa Weir will consist of the following. a) Repairing and improving the weir structure including its wing walls and replacing the scour gate and providing trash racks for the scour as well as the intake gates. b) Protecting river bends against erosion at two critical sections. c) Constructing a new flushing channel for the intake’s sand trap. d) Strengthening the left bank flood embankment. e) Landscape and supporting facility development, including a shopping (warung) facilities (see Figure 3 for the lay out of landscape and supporting facilties development).

Table 1: Subproject Component and Landownership Status

Requires No Activity Location Land Acquisition Replacing the existing temple stone (Batu Candi) existing weir No a surface with a reinforced concrete blanket (S3RBO Land) existing weir No b Repairing damaged sections of the weir wingwall (S3RBO Land) Replacing the damaged masonry wing wall at the left existing weir No c upstream of the weir (S3RBO Land) Constructing trash rack to protect the scour and existing weir No d intake gates (S3RBO Land) existing weir No e Replacing the sluice gate (S3RBO Land) existing weir No f Protecting river bends from erosion with riprap (S3RBO Land) existing weir No g Construction a a new sand trap flushing canal (S3RBO Land)

Strengthening the left bank flood embankment against existing weir No h erosion with gabions (S3RBO Land) Land scaping and supporting facilities development S3RBO land No i around the weir area

11. The weir and its supporting facilities as indicated Table 1 above are required approx. 6 Ha, all will be developed on the S3RBO land. The weir is located on state-owned land (S3RBO), administratively located in Pandere Village, Gumbasa Subdistrict, Sigi District, Central Sulawesi Province. Figure 1 below shown the location of weir , while Figure 2 and Figure 3 shown lay out of Gumbasa Weir rehabilitation and development of supporting facilities.

Figure 1: Location Map

Source: Project Preparation Consultant Gumbasa, November 2020

Figure 2: Layout of Gumbasa Weir

Source: Project Preparation Consultant Gumbasa, February 2021

Figure 3: Location Map of Supporting Facilities

Source: Project Preparation Consultant (Engineering Design and Landscape Report) , February 2021

12. The Gumbasa Weir area is an area prone to earthquakes. Therefore, the design of the buildings to be rehabilitated and built new has been considered with disaster risk in mind.

13. Rehabilitation of the Gumbasa Weir is planned to start in August 2021.

C. Screening for Involuntary Resettlement (IR) and Indigenous People (IP).

14. The screening against IR2 confirms that the rehabilitation of the Gumbasa Weir does not require land acquisition. The land for the project location is government land owned by S3RBO, acquired by the Ministry of Public Works through Parigi - Poso Irrigation Program from 1976 to 1984. However, corrective action is needed as there are 4 food vendors currently trading around the weir site; they will be affected by the construction work, both during construction and after construction. At the weir location there is also a PASIGALA raw water pipeline, so coordination must be done with the management so that project work does not interfere with the pipe.

15. In Pandere Village, part of the rehabilitation Gumbasa weir subproject located near the Ngata Pandehe indigenous territory; they live in the residential area of Pandere Village, located about 1 km from the project site. See Figure 4. They also own customary land (Boya Sae) with about 10 ha, located approximately 2 km from the upstream project site. The Ngata Pandehe people is identified as part of sub-ethnic Kaili Ado. In 2015, the Sigi District Government recognized the Kaili tribe or To Kaili and Kulawi tribe or To Kulawi as indigenous law communities (masyarakat hukum adat), and this is included the sub-ethnic Kaili Ado in Gumbasa sub-district.3 The Gumbasa Weir is not on their residence and customary land. IR and IP screening are detailed in Appendix 4.

16. The Gumbasa weir was built in 1930 during the Dutch colonialism era. The Gumbasa weir was known as the biggest weir construction in Central Sulawesi at that time. The Pandehe indigenous community is called the weir in local terms as Gumba Tona Nakuasa or shortly abbreviated as GUMBASA. Gumba means the big water reservoir, and Tona Nakuasa means powerful person. The establishment of Gumbasa weir has changed several terms to identify the territories of Pandehe people. In the past, the Gumbasa river was popularly known as Kahampea (means “stranded”) river because the Pandehe people always found people or animals in this area (now popularly known as the Gumbasa river) that drifted from Palolo areas or other upstream areas. After the construction of the Gumbasa weir, the Pandehe people changed the term to identify the river areas from Kahampea to be Gumbasa to associated with the direction of the river flow to the Gumbasa weir. Since that time, Pandehe people have identified the weir areas separately from their indigenous territories. The Pandehe indigenous people have utilized the water supply from Gumbasa weir to irrigate their rice fields and the rice field owned by other communities.

2 Based on screening criteria provided in the Resettlement Framework 3 According to Bupati Decree of Sigi District Number 189.1-521 of 2015 concerning the Recognition and Protection Adat (Indigenous) Law Communities of To Kaili and To Kulawi in Sigi District, the Kaili indigenous group distributed in ngata-ngata (villages) in sub-district in Biromaru, Dolo, South Dolo, West Dolo, Tanambulawa, Gumbasa, Marawola, West Marawola, Kinovaro, Palolo, and Nokilalaki. The total indigenous territories in Sigi district is about 549,809,74 hectares, and the total of its IP territories is covered the entire area of Sigi district administrative areas (519.602 hectares).

Figure 4: Location Map of Indigenous Peoples and Customary Lands of Ngata Pandehe

Source: Indigenous Map from BRWA Web GIS, processed by PPC in 2021. Legend: Number : (1) the Pandere new settlement areas; (2) Boya Sae or popularly known as the former kampong (village) of Pandehe indigenous people, located in Nokilalaki Mount; the total areas of Boya Sae is about 10 hectares.

II. DUE DILLIGENCE PURPOSE AND METHODOLOGY

17. As stipulated in the 2019 RCCDF for subprojects that involve reconstruction or rehabilitation of facilities or where land has been acquired, a social compliance audit is required to determine the compliance status of social safeguards. If non-compliance is identified, a corrective action plan to address the problem is prepared by the Implementing Agencies (S3RBO) in agreement with ADB. In particular, this due diligence was prepared to:

i. assess whether land acquisition has been conducted in accordance the regulation of Indonesian government, ADB SPS and safeguard principle set forth in the EARR RCCDF approved by ADB in May 2019; ii. assess the likely social impacts and mitigation measures adopted by the subproject with respect to land acquisition, compensation, loss of incomes, and community links; iii. ascertain if there would be any adverse impacts during the project implementation, and if appropriate mitigation measures have been prepared.

18. The methodology used for the due diligence assessment is as follows: i. document review – secondary data and other relevant reports (including available official land records); ii. interviews with stakeholders in S3RBO, village officials and customary leaders; iii. an interview with affected food vendors affected at the weir location; iv. site visit to the project location.

III. SPATIAL PLAN OF SIGI DISTRICT

19. Spatial Plan (RTRW) of Sigi District 2010 – 2030. Based on the Regional Regulation of Sigi District No. 21 of 2011 concerning the Spatial Plan of Sigi District in 2010-2030, the areas of Gumbasa Subdistrict, Sigi Biromaru Subdistrict, Tambulava Subdistrict and Dolo Subdistrict are designated as wetland agricultural areas. In Article 12 paragraph (4): The irrigation area as referred to in paragraph (1) letter b consists of Gumbasa, Kekeloe, Maenusi, Wuno, Ngata Baru, Paneki, Gimpu,Tongoa, Pakuli, Bangga, Saluri, Baluase, Rogo, Sambo, Wera and Bomba, and Article 22 paragraph (2): The area allocated for food crop agriculture as referred to in paragraph (1) letter a, covers an area of approximately 23,697 hectares spread across Dolo Sub District, Dolo Barat Sub District, Dolo Selatan Sub District, Gumbasa Sub District, Kinovaro Sub District, Kulawi Sub District, Kulawi Selatan Sub District, Marawola Sub District, Nokilalaki Sub District, Palolo Sub District, Pipikoro Sub District, Sigi Biromaru Sub District and Tanambulava Sub District.The development, rehabilitation and reconstruction of irrigation networks will be developed in accordance with the spatial plan.4

20. Agricultural area in Sigi District. The development of wetland agricultural areas in Sigi District is directed at areas that have land suitable for wetland farming, are in lowland areas – most of which are in Gumbasa, Sigi Biromaru, Tanambulava, and Dolo Subdistricts – and have traversable potential, natural or artificial irrigation networks. The area for developing wetland agriculture is directed at villages located in the aforementioned sub-districts with land allocation for the next 20 years (2012-2032) covering an area of 23,697.00 ha 5.

21. The construction, rehabilitation and reconstruction of the Gumbasa irrigation network is in accordance with the spatial plan and is a necessity to support agricultural production.

4 Spacial Plan(RTRW) of Sigi District 2010-2030 5 Final Report of the Alighment of Sigi District Spacial Plan Technical Paper 2012.

IV. STATUS OF LAND AND PROJECT IMPACTS

22. Site location. The Gumbasa Weir is located in Pandere Village, Gumbasa sub-district, Sigi District, Central Sulawesi Province. The weir can be reached in about 1.5 hours from Mutiara Sis Al Jufri Airport, Palu City (38 km). The Gumbasa Weir is located on the Palu - Kulawi road. Geographically, it is located at 119º56'41.71" East Longitude and 1º12'53.78" South Latitude.

23. Land right title. The Gumbasa Weir and the supporting facilities will build on 6 Ha land belonging to S3RBO. According to information through in-depth interviews with staff of the Dinas Cipta Karya dan Sumber Daya Air of Central Sulawesi Province and several farmers, land acquisition for the Gumbasa irrigation system, including the land for Gumbasa weir, primary and secondary canal, was carried out by the Ministry of Public Works through Parigi - Poso Irrigation Program from early 1976 to 1980s; however, no complete report on land acquisition process is availble. The S3RBO is carrying out a re-inventory of assets belonging to S3RBO including land assets use for Gumbasa weir rehabilitation in 2021 and no complaint arise by affected persons. The S3RBO will carry out land ownership certification to document the assets of S3RBO (including the weir and Gumbasa irrigation area that is expected to be completed by early 2023). Currently, the ownership evidence is shown through a list of asset ownership by Directorate General of State Assets, MOF (Appendix 1) and supported by a letter by Satker (Head of Working Unit) Appendix 2.

24. As discussed in December 2020 with S3RBO staff, the Gumbasa Irrigation Officer, the Head of Pandere Village and the Chairman of the Indigenous Community Ngata Pandehe, the Gumbasa Weir was built in 1931 during the Dutch East Indies era. It was enhanced by the Indonesian government in 1976 .

25. Affected Vendors. In the Gumbasa Weir construction area, there are 4 food traders (vendors) who have stalls in the construction site that will need to be relocated. Table 2 below are shown detil affected structures, type of structure and estimation of losses.

Table 2: Affected Structures and Estimation of Losses

Affected Structure Estimation of Loss of Structures Total Name of AHs Affected structure Unit rate Structure Type of Structure Total (Rp) (kiosks) (Rp/m2)* (m2) (m2) Katirin 9 9 Temporary structure 536,274,00 4,826,468.00 Ahsun/Sarni 15 15 Temporary structure 222,733.00 3,341,000,00 Suljan/Sakinah 15 15 Temporary structure 310,722.00 4,660,825.00 Sukardono/Asria 15 15 Temporary structure 310,722.00 4,660,825.00 Note *) estimation of losses calculated based on the unit price analysis using Sigi District material price 2020

26. Vulnerable AHs. Three AHs are categorized as vulnerable AHs since they are IP (Kaili ethnic). Based on data from the Central Statistics Agency of Sigi Regency, the poverty line for

Sigi Regency in 2019 is IDR 344,631 per capita per month6 or Rp. 1,291,353 per household/ month. According to average monthly income of all four AHs as indicated in Table 3 below, none of the AHs is categorized as poor household. None of women headed households, elderly headed household and disabled headed household was identified.

Table 3: Vulnerability of vendors within the Gumbasa Weir area Household Household Households Poor headed by Indigenous Name headed by headed by households disabled People women elderly person person Katirin No No No No No Ahsun/Sarni No No No No Yes Suljan/Sakinah No No No No Yes Sukardono/Asria No No No No Yes Source: Interview by Resettlement Specialist Assistant Project Preparation Consultant (PPC), February 2021

27. Severely AHs. All four vendors is severely AHs since their kiosks will entirely affected (see table 2 above) so they shall be relocated.

28. Entitlement. The S3RBO will provide entitlement to the four affected vendors according to the specification set out in the table 4 below.

Table 4: Entitlement Matrix fo Affected Vendors

Impact/Loss Category Entitled Person Entitlement Remarks

Entirely Owners of Affected • Resettlement The current kiosks will not be affected Structure Regardless Options/Relocation demolished before the structures of Tenure with equal provision of facilities temporary kiosks at (shops) and access to employment and temporary relocation area are production 4 AHs/15 APs established and ready for • Moving Cost. The project will business operation provide assistance (labor) to carry goods to new place • Provided a temporary kiosk at the temporary relocation area during construction to continue sales Loss of resource Those who has lost • Provided with LRP will be integrated with base (high risk of land and non-land opportunaty to project related Sigi District LG impoverishment) assets regardless job during construction 4 AHs formal legal rights to land. • Participation in livelihood restoration program (LRP).

6 Poverty Profile in Sigi Regency, Central Bureau of Statistics for Sigi Regency 2019

29. The S3RBO will providing temporary temporary relocation area for the vendors and the contractor will build a kiosk on those area, so they can continue selling food during construction period. The temporary relocation location is still in the S3RBO land, located around 30 - 300 m across the current location. After the weir construction is finished, S3RBO will provide the permanent kiosks within the shooping area to be build with the Gumbasa weir area (part of supporting facilities-see figure 3), located approximately 50 m across temporary relocation area. The current vendor kiosks will not be demolished until they relocate in the temporary relocation area, so the potentially loss of business income is not anticipated/will be minimized. Figure 5 below shown the existing location of vendors, temporary relocation area, and the shopping area (for permanent relocation of four vendors). Table 5 mentions the detailed distance of the existing location with the temporary relocation area

. Table 5: Existing Location Distcnace wth theTemporary and Permanent Relocation Area Distance No Name of AHs With Temporary relocation With Permanent Relocation Area area (shooping area in the weir landscape) 1 Katirin 90 220 2 Ahsun 30 40 3 Suljan 250 130 4 Sukardono 300 190

Figure 5: Sketch the Existing Location, Temporary and Permanent Relocation Area

30. The temporary kiosks will be built by the contractor within the first month after the contract award, and the vendors will trade in temporary kiosks for 17-18 months (during the construction period) . Permanent relocation to the shopping area within Gumbasa weir will be carried out after rehabilitation complete. S3RBO will provide facilities (electricity connection and water) for the permanent kiosk in the permanent relocation.

31. Livelihood Restoration Program (LRP). To ensure the livelihood of four AHs will not be worse than before the project, they will entitle to participate in LRP that will be integrated with the regular Sigi District economic empowerment programs. As indicated in the table below, the draft programs were designed based on the initial consultations with some institutions within the Sigi District local government. Further consultation with the Sigi LG will continue to finalize and implement the programs.

Table 6: Propose Livelihood Restoration Programs

OPD Budget (Organisasi No. Proposed Program Allocation Year Perangkat Entitle AHs (Rp)* Daerah- The local bureaucracy Bantuan Bibit Tanaman Pertanian Department of 3 AHs whose Provision of crops or 1 500,000,000 2022 Food Security main livelihood seedlings trees (corns, onion, chilli, soybean, and Horticulture is farmers chocolate etc).

Bantuan Wirausaha Mandiri (Independent 2 50.000.000 2022 Social Agency 4 AHs Entrepreneurial Assistance)

Note *) = budget allocation for all participants within the Sigi District

Socio-Economic Profile of the Vendors 32. The socio-economic profiles was collected by interviewing all four vendors on 5 February 2021. The respondents included one male family head of one AH and three female members of the other AHs (all wifes). Total number of familiy members of the AHs is 15 persons, consisting of 14 male (67.7%) and 5 female (33.3%) members.

33. All four AHs identified on the Gumbasa construction area are sales food and drink.One vendor has been sell since 2009, two vendors started selling in 2015, and another vendor started to sell in 2016. Three out of four AHs main income are from farming, and only one AH stated his sale as main income. All of the affected kiosks are only used for business, while three AHs house are located in Pandere villane and another AH house is in Pakuli village

34. Marital Status, Ethnicity & Religion. Based on marital status of the respondents, all AHs are married. Of the four AHs, 75% belong to Kaili tribe and 25% are Javanese. All of them are Moslem.

35. Three of four vendors have been identified as customary community members from the Kaili tribe in Pandere Village. They always visit the Gumbasa weir to manage their kiosk and return in the evening to Pandere village. Although three customary community members were affected by the rehabilitation of Gumbasa weir activities, the project will relocate their kiosk building. The project will not impact to land acquisition because the kiosk was built in S3RBO land. Furthermore, the livelihood restoration was already incorporated into the action plan (see table 15) to mitigate the project's impact on three IP members. The livelihood restoration focused on provided relocation kiosks in permanent buildings for the owner kiosk from Pandere people and providing access to incentives to improve their livelihood activity (see table 6).

Table 7: Gender of Family Heads and Other Family Members of AHs

Gender of the Gender of Household Name of Family No Family Heads Members Heads Male Female Male Female 1 Katirin 1 0 2 1 2 Ahsun 1 0 2 2 3 Suljan 1 0 2 1 4 Sukardono 1 0 4 1 Total 4 0 10 5 Source: SES by PPC Gumbasa, February 2021

36. Age. The family heads of the four AHs fall in the 51-60 year age group. Of the other 11 family members, 37% are younger than 20 years, 18% fall in the 20-30 year age group, 10% in the 31-40 year age group, and 18% in both the 41-50 age group and the 51-60 age group. The distribution of the age groups is shown in the table below.

Table 8: Age Distribution of Affected Persons Age (Year) No Name of AHs <20 20-30 31-40 41-50 51-60 >60 Family Head 1 1 Katrin Other HH 1 1 members

Family Head 1 2 Ahsun Other HH 2 1 members

Family Head 1 3 Suljan Other HH 1 members 1

Age (Year) No Name of AHs <20 20-30 31-40 41-50 51-60 >60 Family HeadH 1 4 Sukardono Other HH 1 2 members 1

Family Head 4 Total Other HH 4 2 1 2 2 members Family 100% Percentage Heads Other HH 36% 18% 10% 18% 18% members Source: SES by PPC Gumbasa, February 2021

37. Educational attaintment. All household heads graduated from the elemenary school, while the highest education level among 36% of the other household members is senior high school; the same percentage of household members completed the elementary school.

Table 9: Educational Attaintment of Affected Persons Educational Attaintment

No Name of AHs Not Stil at the Elementary Junior High Diploma attended Elementary School School school School

Family 1 Head 1 Katrin Other HH 1 1 members Family 1 Head 2 Ahsun Other HH 2 members Family 1 Head 3 Suljan Other HH 1 1 1 members

Family 1 Head 4 Sukardono Other HH 1 3 members Family 4 Total Head Other HH 1 4 2 4 members Family 100% Percentage Head Other HH 10% 36% 18% 36% members Source: SES by PPC Gumbasa, February 2021

38. Occupation. Farming is the main source of income for three out of the four family heads of the AHs; business along the Gumbasa weir is the main source for one family head.

Table 10: Main Occupations of Family Heads

No Name of AHs Occupations Total %

1 Katrin Trader 1 25 2 Ahsun Farmer 1 3 Suljan Farmer 1 75 4 Sukardono Farmer 1 Total 4 100 Source: SES by PPC Gumbasa, February 2021

39. Monthly income. Three AHs have an average monthly income of IDR 3.5 million and one AH has an average monthly income of more than IDR 4.5 million.

Table 11: Average Monthly Income of Affected Households Income (IDR Million) No Name 1,291,353- 3,000,000 <1,291,353* – > 4,000,000 3,000,000 4,000,000 1 Katirin 1

2 Ahsun 1

3 Suljan - 1

4 Sukardono 1

Total 3 1

Percentage (%) 75% 25%

40. AHs perceptions. During the SES, all vendors expressed their support for the rehabilitation of the weir. They noted that currently the Gumbasa Weir area is being used as a "rest area" for travellers and an alternative refreshing place for the community surrounding, so they hope they will get a better place for their food selling with higher sales once the rehabilitation is completed. The summary socio-economic profiles of the four vendors shown in Appendix 7.

41. Pasigala raw water pipeline. Around the weir to be rehabilitated there is a PASIGALA raw water pipeline. The pipe is located about 24.5 m on the east side of the bridge with a height of about 10 m from the riverbed. The pipeline will not be affected by the project. However, mitigation measures are still carried out in coordination with the pipeline management company PASIGALA and its consultants to ensure the integrity of the pipeline. S3RBO will also ensure that the contractor's method of work does not interfere with other facilities.

V. CONSULTATION AND GRIEVANCE REDRESS MECHANISM

42. Consultation. Consultations to discuss the rehabilitation of the Gumbasa irrigation system after the 2018 earthquake have been carried out between stakeholders since 2019, such as on March 20, 2019 which was initiated by S3RBO and the Cipta Karya and Water Resources Office of Central Sulawesi Province during the Irrigation Commission Coordination Meeting activities. There are also meetings held by the Directorate of Water Resources and S3RBO as in paragraph 32.

43. Consultations to discuss the planning of rehabilitation and reconstruction of Gumbasa irrigation system and detailed engineering design have been carried out among related stakeholders, including:

• Technical Meeting which was held on 2-3 November 2020 at the Directorate of Irrigation and Lowland, DGWR Jakarta, which was attended by DGWR Directorate of Irrigation and Lowlands, Team of Directors, head of BBWS.III & staff, ADB, JICA team, and Consultant PPC Gumbasa. • Discussion on design concept of Sibalaya treatment on 9 November 2020 at the BWS Sulawesi III Palu Office, which was attended by the head of BWS.S III & staff, Team from BHGK (Hydraulics and Geotechnical Bandung), and Gumbasa PPC Consultants. • Discussion of Progress work activities of Gumbasa PPC Consultants on 20 November 2020 at the PPC Gumbasa Office Consultants, Palu, which was attended by the Head of BWSS.III & staff, JICA Team, and Gumbasa PPC Consultants. • Discussion on the DED of Gombasa weir rehabilitation online (zoom meeting) on 8 January 2021 by the Gumbasa PPC Team, Directors of the Directorate General of Water Resources and S3RBO.

44. In relation with the planning for rehabilitation of the Gumbasa Weir and the status of land ownership for the location of the Gumbasa Weir, several coordination and consultations have been carried out, including: coordination and consultation with the Asset Division of S3RBO on 23 December 2020, 29 December 2020 and 5 January 2021.

45. Consultation and coordination with the Head of Pandere Village on 18 December 2020 and the Secretary of Pakuli Village on 21 December 2020 was carried out regarding the rehabilitation plan for the Gumbasa Weir, land status and land ownership boundaries.

46. Consultation and outreach to the Lead of the Ngata Pandehe Indigenous Community in Pandere Village was held on 18 December 2020 regarding the existence of indigenous peoples, ownership and location of customary lands, plans for reconstruction and rehabilitation of the Gumbasa Weir, land status and land ownership boundaries.

47. Consultation with the Heads of the P3As (Water Users Associations) of Pandere Village was carried out on 15 December 2020 and 18 December 2020 regarding the reconstruction and rehabilitation plan for the Gumbasa Weir, land status and land ownership boundaries, coverage of irrigation services, impact of irrigation damage and potential impact after repair.

48. Socialization to 4 food vendors in the Gumbasa Weir area was carried out by S3RBO in November 2020 by the weir guard officers to inform about the rehabilitation and arrangement of the Gumbasa Weir area, arrangements for vendors, implications for their activity and mitigation measures. In addition, consultations and interviews were also carried out by PPC Gumbasa

consultants on 19 December 2020 and 11 January 2021. Further consultations will be carried out prior to construction, regarding the preparation of temporary locations for trading, construction time, types of construction activities, and complaint mechanisms.

49. Consultation on the landscape arrangement of the Gumbasa Weir area was carried out on 11 January 2021 in the S3RBO Meeting Room which was initiated by S3RBO and the Gumbasa subproject Project Preparation Consultant (PPC), to discuss the plan for landscaping of the weir area, supporting facilities to be built, and the mitigation of potential impacts to the 4 vendors in the weir area.

50. Consultation with several insitutions within Sigi District LG, i.e Department of Food Security and Horticulture, Social Agency, Small and Medium Entreprise Agency, was carried out on 27 July 2021 to get indicative programs to be implemented for four AHs.

51. Stakeholder consultation have been carried out as part of the environmental assessment process. This involves giving information to the people about the potential positive and negative impacts that the subproject will generate, whilst showing that long term there will be a reduction of negative impacts and an increase of positive impacts. Stakeholder consultation should be conducted prior to the commencement of construction activities to disseminate information about the project, its perspectives and mitigation measures to be implemented. Consultations should involve local communities project surrounding, women and other relevant stakeholders. Grievance redress mechanisms for projects should also be disseminated at public consultations and through media such as booklets. Consultations with WUAs will be carried out regulary to ensure the construction will not disturb water irrigation supply and planting period/land productivity. Consultation will be documented by the contractor and reported in the monitoring report.

Table 12: Summary of consultations held for rehabilitation of Gumbasa Weir

Participants Key points of No Date Venue Agenda (M/F), if known Consultations/ M F Discussion 1 November 9, S3RBO Discussion on Discussion on Design 2020 Office Design Concept Concept of Sibalaya of Sibalaya treatment: treatment - Hydraulics - Geotechnical - And design alternatives 2 November Gumbasa Delivery of 2 3 Face-to-face socialization 10, 2020 Weir information on to 4 traders at the Dam the weir location, key points about: rehabilitation plan - weir rehabilitation plan by Mr. Dodi (weir - weir arrangement plan officer) to 4 - plans for temporary vendors removal of traders during construction - plan to build a kiosk for traders 3 November PPC Discussion of Discussion of Progress 20, 2020 Gumbasa Progress work work activities of Gumbasa Office activities of PPC Consultants was Gumbasa PPC attended by the Head of Consultants and BWSS.III & staff, JICA

Participants Key points of No Date Venue Agenda (M/F), if known Consultations/ M F Discussion design Team, and Gumbasa PPC Consultants, agenda: - Progress work activities of Gumbasa PPC Consultants - Gumbasa irrigation technical design 4 December Pandere Consultation with 6 Discussion regarding: 15, 2020 Village the Head of P3A - information on the (Water User reconstruction and Association) of rehabilitation plan of the Pandere Village Gumbasa Weir (Pak Ashar) - information on land status and land ownership boundaries of the Gumbasa Weir - Coverage of irrigation services, impact of irrigation damage and potential post-repair impacts. 5 December Pandere Coordination with 4 Discussion on weir land 18, 2020 Village the head of and customary community Pandere village land. According to the P3A, and the chairman the Gumbasa Weir and the of the indigenous Gumbasa irrigation canal community Ngata are the main sources of Pandehe agricultural irrigation in several sub-districts in Sigi Regency. Agriculture was disrupted after the damage after the earthquake, requiring rehabilitation to ensure water supply to agricultural land. The Gumbasa Weir, which was built since the Dutch era, is on land owned by the government. 6 December Gumbasa Coordination with 3 Discussion regarding: 18, 2020 UPTD office Gumbasa officers - Discussion on the status regarding weir of the weir and irrigation land and irrigated of Gumbasa lands - History of Gumbasa dam and irrigation land procurement - Supporting documents for ownership of the weir and irrigation of Gumbasa.

7 December S3RBO Coordination with 3 Discussion regarding: 23, 2020 Office S3RBO asset - Discussion on the status division related to of the weir and irrigation

Participants Key points of No Date Venue Agenda (M/F), if known Consultations/ M F Discussion weir and irrigated of Gumbasa land - History of Gumbasa dam and irrigation land procurement - Supporting documents for ownership of the weir and irrigation of Gumbasa.

8 January 5, S3RBO Coordination with 5 Discussion regarding: 2021 Office the Board of - Discussing ownership of Directors (Bpk. the weir and irrigation of Ariesto, Bpk. Gumbasa Rangga) - The process of compiling regarding the the LARP weir and results of Social Gumbasa irrigation Safeguards - Social safeguards in land acquisition and development for the public interest 9 January 8, Zoom Online discussion - Discussion on the 2021 Meeting of the DED for technical design of the the rehabilitation Gumbasa Dam of the Gumbasa rehabilitation. Weir (zoom - Exposure from meeting) by the consultants Gumbasa PPC - Discussion by the Team of Team, Directors Directors of the of the Directorate Directorate General of General of Water Water Resources Resources and S3RBO 10 January 11, S3RBO Discussion on 13 2 - Technical design 2021 Office the landscape consultant presentation and design of the for Package 1A (weir Gumbasa Weir rehabilitation) rehabilitation - Presentation of the Gumbasa weir landscape design plan - Discussions with the S3RBO Team 11 January 11, Gumbasa Meetings and 2 3 Socialization of weir 2021 Weir interviews with 4 rehabilitation plans and vendors face to interview to 4 vendors by face an assistant resetlement specialist. The 4 vendors already know about the weir rehabilitation plan and arrangement of the weir area, they support and hope to be provided a trading place during construction and after construction. Also obtained

Participants Key points of No Date Venue Agenda (M/F), if known Consultations/ M F Discussion about their socio-economic conditions, including marital status, ethnicity, education attaintment, their occupation and their monthly income 12 January 27, Zoom Online discussion Final discussion on the 2021 Meeting of the DED for rehabilitation design of the the rehabilitation Gumbasa Weir of the Gombasa dam (zoom meeting by the Gumbasa PPC Team, Directors of the Directorate General of Water Resources and S3RBO 13 27 July 2021 Zoom Get indicative The local goverment Meeting local government informed some programs programs for four allocated in 2022 that can Ahs be provided to the AHs

52. Consultation with the affected people will continue during implementation. The consultation shall include consultation for the relocation (temporary and permanent relocation) and livelihood restoration programs.

53. Grievance Redress Mechanism. The Grievance Redress Mechanism (GRM) is a systematic process for receiving, evaluating, and handling project-related complaints from communities affected and / or other stakeholders. The GRM must be accessible to various members of society and in a language that is understood, including by vulnerable groups such as women and minorities. The protection and confidentiality of complainants must be guaranteed and respected if they are deemed important. The PIU, i.e. the S3RBO, will announce telephone numbers, addresses, email addresses that can be contacted regarding public complaints. This will be included in the Public Information Booklet (PIB) which will be disseminated to the affected households and other relevant stakeholders. S3RBO has established a Public Complaints Officer (PCO) who will handle or facilitate the handling of public complaints.

54. In principle, objection to any aspect of the weir rehabilitation will be addressed through consultations to reach an agreement and settlement and sought to be resolved as much as possible at the sub-project level. Relevant institutions, such as the S3RBO, provincial / district / city, subdistricts and villages governments will be involved as required in addressing the objections.

55. The GRM related to any aspects of the rehabilitation of the Gumbasa Weir is adapted to the EARR Resettlement Framework and Environmental Assessment and Review Framework, as follows.

a. The first stage. The community / person who is aggrieved can file any complaints

related to construction either directly to the Contractor/S3RBO or through customary leaders (totua ngata) or village head who will submit it to the contractor/S3RBO to seek a settlement. At the first level, the complaint will be resolved by the Contractor; if it cannot be resolved, the Contractor will report to the S3RBO Commitment Making Officer (PPK) staff and will coordinate with the village government or customary leader. At this first level, complaints must be resolved within a maximum of 2 days. Complaints relating to disruption of business will be resolved by S3RBO.

b. Second stage. If the complaint cannot be resolved, the community / aggrieved person can submit a complaint to the PCO S3RBO who is assigned to resolve the complaint. The PCO must maintain a documented record of each complaint and investigate the complaint, assess its appropriateness, and identify a solution. A clear answer is received by the complainant within 5 days. If necessary, PCO through S3RBO instructs the Contractor to take corrective action. PCO will carry out monitoring of the Contractor's response to complaints. PCO also works closely with supervisors and consultants.

c. Third phase. Multi-stakeholder meeting. This stage is carried out if there is no settlement in the previous stage. This meeting can be mediated by the local government which involves S3RBO, implementing Contractors, consultants, community leaders, representatives of NGOs and local governments (district or provincial government).

d. The fourth stage. ADB Special Mission. If the multi-stakeholder hearing process is unsuccessful, the PCO will notify ADB and the ADB EARR team can decide to set up a special mission to address the problem and identify solutions.

e. The fifth stage. If the complainant's complaint is not satisfied with the answer in Stage 4, he or she can go through the local court process.

56. PCO assisted by PMSC will record all complaints, investigations, and further actions and report monthly to S3RBO. A summary report on PCO operations and a complaint log will be included in the semiannual social protection monitoring report to EA's CPMU, and EA submits it to ADB (see complaint / complaint received template form and summary template in Appendix 5).

VI. INSTITUTIONAL ARRANGEMENT

57. Executing Agencies. MPWH is the executing agency (EA) for the EARR. MPWH established the Central Project Management Unit (CPMU) to consolidate activities and reporting from the implementing agencies (IAs). MPWH selects and assesses subprojects according to subproject selection criteria and is responsible for monitoring the overall implementation of the EARR, including social safeguards.

58. Implementing Agency. The MPWH assigned the Directorate General of Water Resources (DGWR) as the IA for EARR’s output 2 with the S3RBO as the PIU (project implementation unit). Head of the Implementation Section of S3RBO (Drs. Edison, ST,MT) has been appointed as a social safeguards persons.

59. Social Safeguards Consultant. CPMU will be assisted by a Social Safeguard Specialist from the Project Management Consultant (PMC) in overall safeguard monitoring and reporting to ADB. S3RBO will be assisted by a team of the Project Supervision and Management Consultant (PMSC) which also includes a Social Safeguards Specialist. The Social Safeguards Specialist will assist in the implement the corrective action plan for the Gumbasa Weir rehabilitation, and in reporting to the CPMU. The PPC ESP Gumbasa prepares the design and involves its own Social Safeguards Specialist. The JFPR social safeguards specialist engaged by ADB has been providing guidance and support to the S3RBO and Social Safeguards Consultants in preparing a qualified social safeguards planning document and ensure compliance of the safeguards implementation.

60. Village government and customary leaders. Project implementation should involve the village government and customary leader in each phase of planning and implementation. Village governments (head of village and village representative body) are to take a significant role in organizing the community for consultations and socialization, and to facilitate and mediate any complaints. Customary leaders will have an important role in consultations during the project planning and also assist in facilitating and mediate a resolution of complaints received.

61. The Contractor is to assign staff for providing public relations and handling complaints, who will work with stakeholders in resolving complaints.

62. Provincial/District Government. The district/provincial government will act as the mediator for complaint resolution, if the complaint cannot be resolved at the village, Contractor or S3RBO level. Meetings would involve the local government, S3RBO, implementing Contractors, consultants and customary leaders.

VII. COMPLIANCE ASSESSMENT

63. In accordance with the Social Safeguards Policy Principles, Table 5 presents an assessment of past and present land acquisition compliance with the principles of social protection policies set out in the May 2019 RCCDF for the Gumbasa Weir rehabilitation.

i. The weir rehabilitation meets the IR principle 1. Screening has been carried out for sub-projects and DDR is prepared after screening. ii. Principle of IR 3. A series of consultations between relevant stakeholders including the community has been carried out since 2018 until now. Consultations with village officials and customary community leaders have also been conducted. Consultation and outreach to vendors in the weir area have also been carried out since November 2020. Consultations will continue prior and during construction, include the consultation on the corrective action implementation. A grievance redress mechanism (GRM) is established to acdress any complaint. The summary of DDR, including the corrective action and GRM, will be disclosed to the vendors and community surrounding trough the project information booklet (PIB). The draft of PIB can be seen in the Appendix 5. iii. The weir rehabilitation conforms to the IR 3 principle. No privately owned land or assets will / will be affected. The land belongs to S3RBO. iv. Identification related to IR principles can be seen in Table 13

Table 13: Compliance Matrix Social Safeguards Policy Set forth in the RCCDF Compliance Status

1. Screen subproject components during early stages to Compliance. identify involuntary resettlement impacts and risks as well as presence of customary communities and the likelihood Screening that has been carried out of impacts on identified customary communities per has identified the rehabilitation does project activity. These impacts and risks shall be avoided not requiring land acquisition and or minimized. Appropriate social safeguards planning resettlement. The rehabilitation site documents will be developed precisely and accurately as is also not located in the area of the a result of a social assessment. Land acquisition of indigenous community, but an traditional/ancestral lands will be avoided indigenous Ngata Pandehe community lives in a nearby village. 2. Carry out culturally appropriate and gender-sensitive Compliance Social Impact Assessments (SIA) to assess potential impacts on APs particularly with customary communities Detailed measurement of affected living in the EARR areas and concerned NGOs. Inform all assets (DMS) and Socio Economic APs including customary communities on potential Survey (SES) was carried out to all restriction to access to natural resources because of the affected vendors. Project impacts EARR and ensure their participation in the project cycle. and mitigation measures also discussed during the SES . The project is triggered to three vendors from Pandehe indigenous people by demolishing the kiosk construction building owned by the vendor from the Kaili tribe. However, the Gumbasa weir is located separately from the indigenous territories. Three IP vendors was participated in the DMS and SES.

Social Safeguards Policy Set forth in the RCCDF Compliance Status

3. Conduct meaningful consultations with affected Partial Compliance APs/customary communities, host communities (if any relocation),and concerned NGOs or community groups to Consultations between stakeholder solicit their participation across the project cycle to (a) related to weir rehabilitation have avoid adverse impacts or -issues of access restriction will been carried out since 2018 after the be avoided as much as possible - when avoidance is not earthquake until now. possible, to minimize, mitigate, or compensate for such Consultations with village officials, effects; (b) entitlements of displaced persons and farmers and the Leader of the Ngata develop project benefits for affected customary Pandehe Indigenous Community communities in a culturally appropriate manner; (c) were carried out in December 2020. provide culturally appropriate and gender inclusive Consultation and sosialization to capacity development; and (d) establish a culturally vendors in the weir area have also appropriate and gender inclusive GRM. Pay attention to been carried out since November the need of vulnerable 2020. groups, especially those below the poverty line, the landless, the elderly, women and children, customary Actions communities, and those without legal title to land and ensure their participation in consultation; Consultations will continue prior and during construction activities. Includes information about the GRM mechanism in the PIB to be distributed to APs and other relevant stakeholders. The S3RBO will also establish a Public Complaints Officer (PCO) who will handle or facilitate the handling of public complaints. The meaningful consultations with affected APs from customary communities and customary leaders will be held to solicit their participation in the preparation and implementation of the project.

4. Consultation: In areas that affect customary lands, full Partial compliance consultation to generate consensus with customary communities will be upheld to define the areas with Consultation had been implemented customary rights of the local people and reflect the issues separately with the customary leader in the social safeguards planning document with actions and three of four vendors from IP to protect or compensate customary communities group. However, the action plan for the livelihood restoration is not consult yet to customary communities.

Action Meaningful consultation will be held to consult the proposed action plan on livelihood restoration program for three affected persons from the IP group, and there will be involvement

Social Safeguards Policy Set forth in the RCCDF Compliance Status of customary leaders and its institution to generate the consensus with customary communities based on their needs and rights that already recognized by local government.

5. Improve, or at least restore, the livelihoods of the Partially Compliance AP/customary community through (i) land-based No private land and property will be resettlement strategies when affected livelihoods are and affected. No restriction to the source based where possible or cash compensation at of income expected. replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of There are four vendors in the assets with access to assets of equal or higher value, consruction area will be affected. (iii) prompt compensation at full replacement cost for S3RBO will provides a temporary assets that cannot be restored, and (iv) additional kiosks to keep them selling during revenues and services through benefit sharing schemes construction. After construction where possible completed, the vendors will get a location for sales in the public open space within the weir area. To ensure their livelihood will not be worse than before, the vendors will be provided with a support program for economic empowerment programs that integrated with Sigi District regulary programs 6. Involve APs/customary communities in resettlement and Compliance customary communities planning and cover all Since land has been available for the appropriate mitigation measures to improve, or at least projects and some infrastrctures will restore, the livelihoods of all APs/customary be built in the existing facilities, DDR communities, especially vulnerable groups so that the is prepared completed with living standard of APs/customary communities do not corrective action plan to adress the become worse off compared to pre-project levels. Social outstanding issues safeguards planning documents should elaborate on culturally appropriate GRM, AP/customary communities’ entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs/customary communities with appropriate assistance 7. Assist and compensate APs/customary communities Partially compliance without title or any recognizable legal rights to land for S3RBO will provides a temporary non- land assets at replacement cost. Specific attention kiosks to keep them selling during will be paid to women, women-headed households, the construction. After construction elderly and other vulnerable persons completed, the vendors will get a location for sales in the public open space within the weir area.

Social Safeguards Policy Set forth in the RCCDF Compliance Status

8. Disclose the draft social safeguards planning documents Partially compliance and its updates before subproject appraisal to the Action APs/customary communities and other stakeholders in an accessible place and in an understandable language • A Project information Leaflet providing explanations about the subproject and GRM will be prepared and distributed to APs and other relevant stakeholders. The name of focal Subproject Manager and contact details will be provided in the leaflet (Draft of PIB is provided in Appendix 5) • The DDR that include GRM and monitoring report will be uploaded in both the ADB and the project website. 9. Ensure costs for preparing and implementing RP/RCCDP Partially compliance will be included in and financed out of the project cost. S3RBO will ensure budget for LRP will be timely allocated by Sigi District LG

10. Any voluntary donation and negotiated settlement will No voluntary donation was applied follow procedure in a transparent, consistent, and equitable manner principles and be confirmed trough written record and verified by an independent third party

11. Pay compensation and other entitlements before physical Partially comply and economic displacement. Civil works and/or restrictions to use of land resources will not commence unless APs/customary communities are fully S3RBO will provide a location for 4 compensated, and all other entitlements provided vendors to keep selling during construction located across the current location so the four vendors can continue their sales during the construction period. The vendors structures will not be demolished until they relocated to temporary kiosks at the temporary area . After construction is completed, S3RBO will provide a kiosk that will build in the shopping area within the weir landscape 12. Monitor implementation of the social safeguards planning Partially compliance documents; monitor and assess resettlement outcomes, their impacts on the standards of living of APs/customary Action communities and disclose the monitoring reports; Implementation of corrective action will be included in the semi annual report

Social Safeguards Policy Set forth in the RCCDF Compliance Status

13. Disclose monitoring reports as uploaded on to ADB and Partially compliance the project websites; and with project sites specifically to the affected communities/persons in summary form; Action Semi annual report that includes implementation of corrective action for Gumbasa Weir rehabilitation will be disclosed in ADB and project website 14. Should unanticipated involuntary resettlement and Partially comply customary community impacts be determined during project implementation, the IAs will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new one covering all applicable requirements specified in this RCCDF.

VIII. MONITORING AND EVALUATION

64. Semi-annual monitoring report on the implementation of the Corrective Action Plan will be prepared by Social Safeguards Specialist of the PMC and subsequently reviewed by the CPMU. The CPMU will submit the report to ADB for review and disclosure on its website. The scope of the monitoring includes:

(i) Unexpected impacts during construction on private or public assets as a result of material transportation activities, use of severe equipment and other construction activities. Monitoring during construction is necessary to ensure that all damage will be repaired as quickly as possible. If there is serious damage to personal assets, the owner of the asset will be compensated based on replacement cost refer to the entitlement as indicate in the table 6 below. (ii) Implementation of mitigation measures for four vendors within the Gumbasa Weir site. S3RBO is committed to providing temporary space during construction work (or ensuring vendors are not disturbed during work) and then providing a space after construction is completed. Also monitors the implementation of the MOU between vendors and S3RBO. (iii) Livelihood and vendors’ income due to relocation and construction impact. (iv) Coordination with the S3RBO to ensure construction will no impact to the PASIGALA raw water pipeline. (v) Disclosure of semi annual monitoring report in the ADB and project website (vi) IR safeguards compliance (vii) Compliance with complaint procedures, and resolution of extraordinary problems requiring management attention .

IX. CORRECTIVE ACTION PLAN

65. A Corrective Action Plan is needed to bring the sub-project into compliance with ADB’s IR principles as elaborated upon below. The CPMU supported by the PMC will monitor implementation of the Corrective Action Plan and ensure that it is accomplished satisfactorily in a timely manner. This will include monitoring of providing replacement place for the two vendors during and after the construction. The SRBO will also monitor unanticipated impacts during the construction stage (particularly related to the mobilization of large equipment and materials) and ensure satisfactory remedial measures are implemented.

66. Unanticipated Impacts during the construction phase there will be no private land of property affected by the reconstruction of Gumbasa weir rehabilitation. However, there may be some impacts during the construction phase when heavy equipment is mobilized. The impact and entitlement are presented in the following table.

Table 14: Entitlement matrix

Impact/Loss Entitled Person Entitlement Remarks Category

Temporary or For those who have • For lease payments of the • 30-60 days prior permanent formal legal rights affected land by the Contractor notice given to the impacts due to (certificate) or those based on the applicable rental owner of the land construction whose claim on land is fees and agreements with before it is used activities recognized as a full landowners temporarily by right • For productive land, rental fee Contractors. will not be less than the net • This provision income that would have been should be generated from the affected stipulated in the productive land contract / • Compensation for non-land agreement with assets acquired (trees / plants, civil works structure) permanently affected Contractors will be compensated at replacement cost • Land will be restored to pre- project conditions or even better after the construction is completed

Those who have no • Compensation for affected non- formal legal rights land assets (trees/crops, (certificate) and buildings) at full replacement recognizable title (e.g. cost informal dwellers, • No rental fee for land for the sharecroppers) period of impact • Land will be restored to pre- project conditions or even better after the construction is completed

Government or State Rebuilding the facility or provide Enterprises /communal cash compensation based on the property and assets agreement with the affected parties (e.g. schools, mosques, village office power poles, village road etc.)

67. If unexpected events arise during construction, such as business losses, compensation will be defined as per the rights matrix set out in the RCCDF.

68. Vendors who have been trading in the weir area of Gumbasa will still be able to carry out their activities. In accordance with the landscape plan (arrangement of the Gumbasa Weir area), S3RBO will facilitate traders by building 4 kiosks within the weir area. Furthermore, an MOU (Memorandum of Understanding) will be made between the traders and S3RBO regarding relocation and management of facilities in the permanent relocation area.

69. Another corrective action required is coordination with the manager of the PASIGALA raw water pipeline network that passes through the Gumbasa Weir area. Coordination with the management is required to ensure no impact during implementation and after the rehabilitation is completed.

Table 15: Corrective Action Plan

Timeline Item Q3 Q4 Q1 Q2 Q3 Q4 Q1 Responsibility Party

2021 2021 2022 2022 2022 2022 2023 Finalized and distributed x S3RBO x Project Information The Contractor Booklet PMSC Established and x x x x x S3RBO (PCO), operationalize GRM PPK staff, PMSC

Relocation of the vendors: 1. Consultation prior to x PPK( S3RBO), PMSC relocation in the temporary kiosks

2. Build a temporary kiosk x PPK, The Contractor, during project implementation

3. Relocation of vendors to x

temporary kiosks

4. Build new kiosks x x x x x PPK,The Contractor, according to landscape S3RBO planning (permanent

relocation/ shopping S3RBO, Vendor x area)

5. Creating an MOU between S3RBO and the vendors x S3RBO 6. Relocation to the shopping area within the Gumbasa landscape

Consultation and periodic The contractor, PPK, x x x x meetings with WUAs S3RBO/PMSC

Coordination with PPK, the PASIGALA raw water pipe x x x x x x Contractor, managers S3RBO Submission of monitoring x x x CPMU repornt on CAP ,S3RBO, implementation . PMSC Implementation of Sigi District LG, Livelihood Restoration x x Program S3RBO Certification of S3RBO x land S3RBO Disclose DDR, GRM and monitoring reports on ADB ADB, CPMU and EA website x x x and S3RBO

Appendix 1

Appendix 1: Gumbasa Weir Asset Ownership Documents 1

Appendix 2

Appendix 2: Gumbasa Weir Asset Ownership Documents 2

Appendix 3

Appendix 3: Photo Documentation

Cracked

Aspects of the Gumbasa Weir to be Rehabitated

Cracked

Aspects of the Gumbasa Weir to be Rehabitated

Consultation with S3RBO regarding Weir Land Status Documents

Consultation with the Head of Pandere Village and the Head of the Ngata Pandehe Indigenous Community

Interview with vendors at the Gumbasa Weir (Ibu Asria dan Pak Katirin)

Interview with vendors at the Gumbasa Weir (Ibu Sakinah dan Ibu Sarni)

Appendix 4

Appendix 4: Involuntary Resettlement (IR) Screening dan Indegenous People (IP) Screening for Gumbasa Weir

Involuntary Resettlement Screening Checklist

Project: Package 1A (Rehabilitation of the Gumbasa Weir) Location: Indonesia

District: Sigi

Potential for Involuntary Resettlement Not Yes No Remarks Effects* Known A. Involuntary Acquisition of Land 1. Will there be land acquisition? The rehabilitation and reconstruction of the Gumbasa Weir will be carried within the BWS Sulawesi III Central √ Sulawesi owned land. The project implemented is the rehabilitation and reconstruction of existing buildings. 2. Is the site for land acquisition known? N/A

3. Is the ownership status and current usage The Gumbasa weir of land to be acquired known? rehabilitation and its facilities was carried out in the existing facilities on the S3RBO’s land.

The current condition of the weir and facilities is in a damaged condition due to the earthquake. 4. Will easement be utilized within an existing - There are 4 non-permanent Right of Way (ROW)? buildings used by food and beverage vendors - There was also a clean water pipeline that crosses the river √ near the Gumbasa Weir - There is a water tunnel that runs across the river at the Gumbasa Weir which is used to irrigate the rice fields in Pakuli Village 5. Will there be loss of shelter and residential Four affected vendors are living land due to land acquisition? √ in the village, the affected shop use for selling

6. Will there be loss of agricultural and other √ There are fours vendors will productive assets due to land acquisition? loss their structures (shops) 7. Will there be losses of crops, trees, and √ due to rehabilitation of weir

fixed assets due to land acquisition? 8. Will there be loss of businesses or S3RBO will provide temporary enterprises due to land acquisition? area for the vendors to continue selling during construction According to the plan for √ structuring the weir Gumbasa area, S3RBO will provide a place for vendors in the Gumbasa Weir area. 9. Will there be loss of income sources and

means of livelihoods due to land √ acquisition? B. Involuntary restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, communal facilities and √ services? 11. If land use is changed, will it have an adverse impact on social and economic √ activities? 12. Will access to land and resources owned

communally or by the state be restricted? √ C. Information on Displaced Persons:

Any estimate of the likely number of persons that will be displaced by the Project?

[ ] No [√ ] Yes

If yes, approximately how many? _4 AHs/15 APs______Are any of them poor, female heads of households, or vulnerable to poverty risks?

[ √ ] No [ ] Yes Are any displaced persons from Customary Communities?

[ √ ] No [ ] Yes

Indigenous Peoples Impact Screening Checklist

Project: Package 1A (Rehabilitation of the Gumbasa Weir) Location: Indonesia

District: Sigi

KEY CONCERNS Not (Please provide elaborations on the Yes No Remarks Known remarks column) A. Indigenous Peoples Identification 1. Are there socio-cultural groups present in or The Gumbasa Weir Subproject use the project areas who may be is located in Pandere Village, considered as “tribes” (hill tribes, schedules Gumbasa Subdistrict, Sigi tribes, tribal peoples), “minorities” (ethnic or District. This village also national minorities) or “indigenous overlapped with Ngata Pandehe of indigenous communities” in the project area? territories, and the area is dominated by Pandere √ or Pandehe indigenous people from the sub-ethnic of Kaili Ado.

The Pandehe Indigenous community relies on the water supply from Gumbasa weir to irrigate their rice field areas and the irrigation canals network.

2. Are there national or local laws or policies • The Constitution (Article 18 B- as well as anthropological 2) recognizes and respects researches/studies that consider these traditional communities and their customary rights where groups present in or using the project area these exist and as long as as belonging to “ethnic minorities”, these are in accordance with scheduled tribes, tribal peoples, national the societal development and minorities, or cultural communities?? principles of the state. Some laws on agrarian reform (Decree 9/2001), agrarian regulations (Act 5/1960) and √ human rights (Act 39/1999) give implicit, though conditional, recognition of some rights of “masyarakat adat” or custom law-based communities. • In 2014, The Minister of Home Affairs issued Regulation Number 52 of 2014 on the Guidelines for Recognition and Protection of Indigenous Peoples stating that the identification of indigenous

people is based on history, indigenous territory, customary law, and indigenous objects.7 In Article 6 (2) of this decree, the Bupati or Major (Walikota) has authority to provide legal recognition of IP group by issuing the Bupati or Major Decree on recognition and protection of indigenous people. • District Regulation on the Empowerment and Recognition of the Existence of Customary Community in Sigi District Number. 15 Tahun 2014 regulated the mechanism on empowerment and protection of Adat Law Communities (Masyarakat Hukum Adat). The regulation has focused on the involvement of IP group in project development, the mechanism to registered and recognized the IP territories, and the mechanism of empowering IP group through indigenous governance (i.e indigenous institution, indigenous councils) • Bupati Decree in Sigi District Number 189.1-521 of 2015 concerning the Recognition and Protection of Adat Law Communities of To Kaili and To Kulawi in Sigi District. The decree has provided legal recognition for two indigenous people namely To Kaili and To Kulawi in each Ngata (customary village) in Sigi District. The Gumbasa subdistrict is identified as one of the IP territories for To Kaili Indigenous People. 3. Do such groups self-identity as taking part √ According to BRWA (the of a distinct social and cultural group? Ancestral Domain Registration Agency), the Ngata Pandehe is origin from Sub-ethnic of Kaili Ado. According to Bupati Decree of Sigi District Number 189 of 2015 concerning recognition of IP group for To Kaili and To Kulawi tribes, the Kaili tribe has recognized to be part of indigenous people in

7 Recognition of Indigenous Peoples’ Customary Land Rights in Asia. Jacqueline K. Carino (Ed). Asia Indigenous Peoples Pact (AIPP). Chiang Mai 50210 Thailand. March 2015.

Central Sulawesi Province. 4. Do such groups maintain collective Although BRWA verified the attachments to distinct habitats or ancestral total claimed of Ngata Pandehe territories and/or to the natural resources in indigenous territories about these habitats and territories? 3,602,59 hectares, the Pandehe tribe identified the customary land only in Boya Sae in Nokilalaki mountain and hills as their former settlement areas. Boya means a former settlement area, and Sae means “been living for a long time ago”.

After the government built the main road from Kulawi to Palu city, the Pandehe people

√ migrated to the lowland areas to access transportation and public service. The new settlement area has become the Hamlet III of the Pandere Village and is popularly known as hamba or ramba. Meanwhile, the land use Ngata Pandehe’s former settlement areas changed to be cultivation areas for plantation and agroforestry. The total area of Boya Sae is about 10 hectares, and it is located 2 km from the Gumbasa weir.

5. Do such groups maintain cultural, Pandehe sub-ethnic of Kaili economic, social, and political institutions has maintained the customary distinct from the dominant society and law among them to resolve culture? social conflict and friction between IP group members (salambivii) and fine (Novaya).

However, there is no indigenous governance focused on the water management from √ Gumbasa weir to cultivation areas in Pandere village. Therefore, the water management in Pandere village has transformed into P3A (Perkumpulan Petani Pemakai Air, or Water User Association). The P3A originates from farmer groups that rely on water supply from Gumbasa weir through tertiary canal irrigation.

6. Do such groups speak a distinct language According to Bupati Decree of or dialect? Sigi District Number 189 of 2015, the Kaili tribe, whom √ lives in Gumbasa subdistrict (included in Pandere Village), speak Ado Language distinct from other Kaili language. 7. Has such groups been historically, socially Pandehe people were never and economically marginalized, excluded both socially and disempowered, excluded, and/or economically. Although the discriminated against? earthquake disaster-affected other villages in the √ surrounding area of Pandere people, the Pandere village has no issues on disempowered or difficult access due to the location quite near the main road between Kulawi and Palu. 8. Are such groups represented as √ The formal decision-making “Indigenous Peoples” or as “ethnic entity body has been minorities” or “scheduled tribes” or “tribal transformed into administrative populations” in any formal decision-making village government under bodies at the national or local levels? Pandere Village

In water management issue,

P3A (Water User Association) is actively involved to manage water supply from Gumbasa weir to Pandere village. Most of IP group from Pandere people included within the farmers group. B. Identification of Potential Impacts 9. Will the project directly or indirectly benefit Not targeting directly to IP or target Indigenous Peoples? group. The rehabilitation of Gumbasa weir will not directly benefit to IP group during preparation and implementation of the √ construction activities. On the other hand, the rehabilitation of the Gumbasa weir subproject aims to increase the agriculture productivity for all farmers in Gumbasa, whether they are IP or not. 10. Will the project directly or indirectly affect The location of Gumbasa weir Indigenous Peoples’ traditional socio- own by S3BRO (Sulawesi III – cultural and belief practices? (e.g. child- √ Basin River Organization), and rearing, health, education, arts, and the Pandehe people would not governance? access the areas for their

socio-cultural and belief practices. The customary land is also located far from subproject areas, about 2 km. 11. Will the project affect the livelihood The project will affect systems of Indigenous Peoples? (e.g. agricultural productivity for food production system, natural resource cultivation areas along management, crafts and trade, Gumbasa river. Although an IP employment status) group lives near the subproject areas, it is not designed to benefit only in IP livelihood. Instead, the project design has targeted to many farmers along the Gumbasa river in 8.148 hectares of rice field.

However, the screening has shown three Affected Persons √ from kiosk owner in project site that identified as IP group member from Kaili tribe. The implementation of project will relocated their temporary kiosk building into permanent building. The process of construction of kiosk permanent building will be implemented by the IAs. Furtheremore, there will be livelihood restoration program to mitigate the project negative impact to APs’ daily income. 12. Are there socio-cultural group present in Based on the consultation or use the project areas who may be result with few representatives considered as “tribes” (hill tribes, of Pandere people, the schedules tribes, tribal peoples), Gumbasa weir has been built “minorities” (ethnic or national minorities) since the Dutch era to improve or “indigenous communities” in the project the irrigation system from area? Gumbasa river to cultivation areas. The Gumbasa weir subproject area is not √ overlapped the Pandehe indigenous territories.The nearest of customary land located 2 km from the Gumbasa weir subproject area.

However, the project site areas accessed by three IP group members to be utilized to selling food and drinks.

C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural The rehabilitation of the resources and knowledge of Indigenous Gumbasa weir subproject is not Peoples? targeting the customary community. Instead, the subproject will focus on rehabilitating the weir √ construction after the earthquake impact in 2018 that damaged the structure of the Gumbasa weir. Therefore, the subproject will not use any cultural resources and knowledge of the IP group. 14. Physical displacements from traditional or The project will not trigger to customary lands? √ displaced the IP group from their customary land. 15. Commercial development of natural resources (such as minerals, N/A the location of customary hydrocarbons, forest, water, hunting or land of Boya Sae is located in fishing ground) within customary lands √ Mountain of Nokilalaki about 2 under use that would impact the km from the rehabilitation of livelihoods or the cultural ceremonial, Gumbasa weir subproject. spiritual uses that define the identity and community of Indigenous Peoples? 16. Establishing legal recognition of rights to The Pandere indigenous lands and territories that are traditionally community has been legally √ owned or customarily used, occupied or recognized as part of Kaili tribe claimed by indigenous peoples? in Bupati Decree of Sigi District 17. Acquisition of lands that are traditionally N/A the project will use the owned or customarily used, occupied or existing land of Gumbasa weir claimed by indigenous peoples? construction, and it owned by √ S3RBO. Thus, there is no any land acquisition within and in the surrounding area of Ngata Pandehe.

D. Anticipated Project Impacts on Indigenous Peoples

Project component/ Anticipated positive effects Anticipated negative effects activity/output 1. Replacing the existing stone Improving the construction N/A (Batu Candi) surface with a 50 structures that damaged from cm reinforced concrete blanket, quality K350 earthquake in 2018. 2. Repair of the damaged sections N/A of the weir Wingwall N/A impact to IP group 3. Replace the damaged masonry N/A wall at the left upstream of the weir 4. Construct trashrack to protect Improving water supply to IP N/A the sluice gate and intake gate and other community group rice field in Pandere Village

Reducing garbage in water supplied from Gumbasa weir to primary canal irrigation. The garbage at the sluice gate will hinder the water flow in Gumbasa weir. Thus, the subproject activity will affect to efficiency in water management in the Gumbasa weir.

5. Replace the sluice gate Ensuring water management N/A in vulnerability areas of earthquake in Gumbasa Subdistrict, Sigi District.

The replace of the sluice gate will affected to minimizing the damage of weir in emergency case if the earthquake happen in the future. The Gate will close electrically to reducing the impact of earthquake to Gumbasa weir. Thus, it would anticipate to damage of the construction during the earthquake disaster. 6. Protect channel bends from Preventing the erosion in river N/A erosion with riprap dike in the Gumbasa weir.

N/A impact to IP group 7. Create a new sand trap flushing Prevent sand in flushing canal N/A canal N/A 8. Protect upstream flood The construction will establish N/A embankment erosion with flood embankment in 500 meter Gabion protection along river stream before the Gumbasa weir; and 500 meter after the Gumbasa weir

Prevent flood in the surrounding areas of Gumbasa weir

N/A impact to IP group. 9. Supporting facilities around the Providing livelihood restoration N/A Weir area program for the small vendor affected from the construction of rehabilitation Gumbara weir. Four the small vendor relocated in the new kiosk (permanent building), and three of them are Pandehe people from Kaili-Ado sub ethnic.

Appendix 5

Appendix 5: Template Complaints /Grievance Form and Monthly Registered

Register Complaint / : Grievance No Date and Time : Media : SMS / Phone / email/ Letter / visit / others Complainant’s Data Name : Gender : ID Number : Address : Phone/FAX//email : Affiliation : Affected Persons ☐ Community Surrounding Project ☐ Institution ☐ Worker (including part-time and 3rd party worker) ☐

Name of represented : ID Number : Address : Phone/FAX/email :

Type of Complaint : Inventory of affected assets ☐ Amount of compensation ☐ Non land damages (structures/trees/plant) cause by ☐ construction activities Public facilities/infrastructures damages cause by ☐ construction activities Air pollution ☐ Vibration ☐ Water Pollution ☐ Noise ☐ Traffic disruption ☐ Labour standards (e.g. discrimination) ☐ Occupational health and safety ☐ Other (Describe)...... ☐

Location of the impact RT/RW/Kampung/Hamlet/Village/Construction Site ……………………………………………………

Description of the complaint: The description should be as specific as possible and focused on the facts surrounding the complaint.

Name and signature of complainant

Name and signature of Focal Point, who received the complaint

Monthly Register of Complaints / Grievances

Period: …… to …… Subproject : .....

No Complaint / Category of Date that Location of Name of Address Status of Grievance Complaint Complaint Impact Aggrieved Complaint was Received

Appendix 6

Appendix 6: Draft Project Information Booklet

Rehabilitasi Bendung Gumbasa

Balai Wilayah Sungai Sulawesi III

The Gumbasa weir is part of the Gumbasa irrigation system which was damaged by the 2018 earthquake. The Gumbasa weir and the Gumbasa irrigation canal are important infrastructures to meet around 8,180 hectares of agricultural water needs in Sigi Regency and Palu City. The Gumbasa Dam rehabilitation and reconstruction is part of the Emergency Assistance for Rehabilitation and Reconstruction (EARR).

Project Location

The Subproject is located in Pandere Village, Gumbasa Subdistrict, Sigi District, Central Sulawesi Province.

Scope of Project

Weir rehabilitation activities will consist of the following: ▪ Replacing the existing temple stone (Batu Candi) surface with a 50cm reinforced concrete blanket, quality K350 ▪ Repair of the damaged sections of the weir Wingwall ▪ Replace the damaged masonry wall at the left upstream of the weir ▪ Construct trash rack to protect the sluice gate and intake gate ▪ Replace the sluice gate ▪ Protect upstream flood embankment erosion with Gabion protection ▪ Create a new sand trap flushing canal. ▪ Supporting facilities around the Weir area: ▪ Construction work for an operational office building: ➢ Construction work for one official housing unit type 45. ➢ Construction work for two official housing units type 36. ➢ Equipment for construction of offices and official homes. ➢ Landscape development work. ➢ Construction of a parking lot. ➢ Construction work workshops, warehouses. ➢ Construction work of four units of trade kiosks. ➢ Restoring/replanting of Riparian Vegetation. ➢ Arboretum creation

Institutional Arrangement

1. Executing Agencies is MPWH . MPWH established the Central Project Management Unit (CPMU) to consolidate activities and reporting from the implementing agencies (IAs).

2. Implementing Agency is the Directorate General of Water Resources (DGWR) and the S3RBO as the PIU (project implementation unit).

3. Social Safeguards Consultant asists CPMU in overall safeguard monitoring and reporting to ADB. S3RBO will be assisted by a team of the Project Supervision and Management Consultant (PMSC) which also includes a Social Safeguards Specialist. The Social Safeguards Specialist will assist in the implement the corrective action plan for the Gumbasa Weir rehabilitation, and in reporting to the CPMU.

4. Village government and customary leaders. Project implementation should involve the village government and customary leader in each phase of planning and implementation. Village governments (head of village and village representative body) are to take a significant role in organizing the community for consultations and socialization, and to facilitate and mediate any complaints. Customary leaders will have an important role in consultations during the project planning and also assist in facilitating and mediate a resolution of complaints received.

5. The Contractor is to assign staff for providing public relations and handling complaints, who will work with stakeholders in resolving complaints.

6. Provincial/District Government. The district/provincial government will act as the mediator for complaint resolution, if the complaint cannot be resolved at the village, Contractor or S3RBO level. Meetings would involve the local government, S3RBO, implementing Contractors, consultants and customary leaders.

Scope of Resettlement Impact

The subproject is in the existing weir location and is on land owned by S3RBO. The reconstruction and rehabilitation of the Gumbasa weir and the arrangement of the weir area and its facilities will require around 6 ha belonging to S3RBO. There are four vendors shops on the S3RBO land that will be affected by project. S3RBO comitted to provide temporary relocation area so they can continue selling during construction activities. After construction is completed, the four vendors will be relocated to the shopping area, which builds in the gumbasa weir landscape.

Project Resettlement Principles The social security principles for the project are as follows: ❖ Avoiding or minimizing impacts on assets and livelihoods of local communities. ❖ Conducting special consultations with affected persons throughout the project cycle to:: (i). avoiding adverse negative impacts, (ii). develop project benefits in accordance with local socio-cultural conditions, (iii). establish a grievance redress mechanism to handle complaints that are culturally appropriate and take gender aspects into account. ❖ Improve or at least restore the livelihoods of affected people. ❖ Attention is also given to affected households with the condition of female househols heads, elderly househols heads, disabilities househols heads and poor groups.. ❖ Temporary or permanent impacts due to construction activities, whether private or institutional, will be compensated based on the principle of replacement cost. ❖ Establish an effective mechanism for hearing and resolving complaints throughout the entire project. ❖ Monitoring and evaluation are carried out at various stages of the project, the scope of which includes monitoring the impact of the sub-project on the surrounding community. Submit monitoring reports on the MPWH website and make them available at the subproject office.

Grievance Redress Mechanisms

a. The first stage. The community / person who is aggrieved can file any complaints related to construction either directly to the Contractor or through S3RBO who will submit it to the contractor to seek a settlement. At the first level, the complaint will be resolved by the Contractor; if it cannot be resolved, the Contractor will report to the S3RBO Commitment Making Officer (PPK) staff and will coordinate with the local government. At this first level, complaints must be resolved within a maximum of 2 days. Complaints relating to disruption of business will be resolved by S3RBO. b. Second stage. If the complaint cannot be resolved, the community / aggrieved person can submit a complaint to the PCO S3RBO who is assigned to resolve the complaint. The PCO must maintain a documented record of each complaint and investigate the complaint, assess its appropriateness, and identify a solution. A clear answer is received by the complainant within 5 days. If necessary, PCO through S3RBO instructs the Contractor to take corrective action. PCO will carry out monitoring of the Contractor's response to complaints. PCO also works closely with supervisors and consultants. c. Third phase. Multi-stakeholder meeting. This stage is carried out if there is no settlement in the previous stage. This meeting can be mediated by the local government which involves S3RBO, implementing Contractors, consultants, community leaders, representatives of NGOs and local governments (district or provincial government). d. The fourth stage. ADB Special Mission. If the multi-stakeholder hearing process is unsuccessful, the PCO will notify ADB and the ADB EARR team can decide to set up a special mission to address the problem and identify solutions. e. The fifth stage. If the complainant's complaint is not satisfied with the answer in Stage 4,

he or she can go through the local court process.

Social Safeguards Action Plan

Activity Responsibility Party

Finalized and distributed Project Information Booklet S3RBO The Contractor PMSC Established and operationalize GRM S3RBO (PCO), PPK staff, PMSC Relocation of the vendors: 1. Consultation prior to relocation in the temporary PPK( S3RBO), PMSC kiosks

2. Build a temporary kiosk during project PPK, The Contractor, implementation 3. Relocation of vendors to temporary kiosks PPK,The Contractor, S3RBO 4. Build new kiosks according to landscape planning (permanent relocation/ shopping area)

5. Creating an MOU between S3RBO and the S3RBO, Vendor vendors 6. Relocation to the shopping area within the S3RBO, Vendor Gumbasa landscape

Consultation and periodic meetings with WUAs The contractor, PPK, S3RBO/PMSC Coordination with PASIGALA raw water pipe PPK, the managers Contractor, S3RBO

Implementation of Livelihood Restoration Program Sigi District LG, S3RBO

Masukan, Saran dan Rekomendasi, hubungi: Kepala Desa dan Camat lokasi proyek

Atau langsung ke: Balai Wilayah Sungai Sulawesi III Bagian Pengaduan Masyarakat

Alamat: Jl. Dr Abdurrahman Saleh No. 230, Kelurahan Birobuli Utara, Kec. Palu Selatan, Kota Palu, Sulawesi Tengah 94111 Telepon: (0451) 482147

Appendix 7.

Appendix 7: Calculation of Unit Rate for Affected Kiosk (based on the local material unit rate 2020)

Nama Terdampak : Katirin Desa Pandere Kecamatan Gumbasa

No Uraian Pekerjaan Volume Satuan Harga Satuan Jumlah Harga A Pekerjaan Dinding & Kolom 1 Pekerjaan Kolom Balok 0.2 m3 5,631,200.00 1,126,240.00 Pekerjaan Rangka Dinding + Pollywood 2 7.2 m2 203,050.00 1,461,960.00 6mm B Pekerjaan Atap Rangka Atap Kuda-kuda dan Gording 1 0.14 m3 5,631,200.00 788,368.00 Kayu 2 Pek. Penutup Atap 18 m2 80,550.00 1,449,900.00

Total Harga 4,826,468.00

ctt : per meter 536,274.22

Nama Terdampak : Sarni Desa Pandere Kecamatan Gumbasa

No Uraian Pekerjaan Volume Satuan Harga Satuan Jumlah Harga A Pekerjaan Dinding & Kolom 1 Pekerjaan Kolom Balok 0.05 m3 5,631,200.00 281,560.00 B Pekerjaan Atap Rangka Atap Kuda-kuda dan Gording 1 0.2 m3 5,631,200.00 1,126,240.00 Kayu 2 Pek. Penutup Atap 24 m2 80,550.00 1,933,200.00

Total Harga 3,341,000.00

ctt : per meter 222,733.33

Nama Terdampak : Sakinah Desa Pandere Kecamatan Gumbasa

No Uraian Pekerjaan Volume Satuan Harga Satuan Jumlah Harga A Pekerjaan Dinding & Kolom 1 Pekerjaan Kolom Balok 0.05 m3 5,631,200.00 281,560.00 Pekerjaan Rangka Dinding + Pollywood 2 6.5 m2 203,050.00 1,319,825.00 6mm B Pekerjaan Atap Rangka Atap Kuda-kuda dan Gording 1 0.2 m3 5,631,200.00 1,126,240.00 Kayu 2 Pek. Penutup Atap 24 m2 80,550.00 1,933,200.00

Total Harga 4,660,825.00

ctt : per meter 310,721.67

Nama Terdampak : Asria Desa Pandere Kecamatan Gumbasa

Total Harga 4,660,825.00

ctt : per meter 310,721.67

Appendix 8

Appendix 8: Data of Vendors Within The Gumbasa Weir Area

No Profile of vendors Photo 1 Name of vendor Katirin Gender Male Age 51 Status Husband / head of family Address Pakuli Utara Village, RT 002 RW 001 Gumbasa Subdistrict, Sigi District

Number of family members 4 (husband, wife and 2 children) Type selling Food, drinks, snacks Start selling in the Gumbasa Weir area Since 2015 Average family income per month (Rp) 4,500,000 Average Income from selling at the Gumbasa 4,500,000 Weir per month (Rp) Photo taken in December 2020

2 Name of vendor Sarni

Gender Female Age 47 Status Wife Husband's job (main job) Farmer Address Pandere Village RT 001 RW 004 Gumbasa Subdistrict Sigi District Number of family members 4 (husband, wife and 2 children) Type selling Food, drinks, snacks Start selling in the Gumbasa Weir area Since 2009 Average family income per month (Rp) 3,000,000

Average Income from selling at the Gumbasa 1,200,000 Photo taken in January 2021 Weir per month (Rp)

3 Name of vendor Sakinah Gender Female Age 53 Tahun Status Wife Husband's job (main job) Farmer Address Pandere Village RT 001 RW 001 Gumbasa Subdistrict Sigi District Number of family members 3 (husband, wife and 1 child) Type selling Food, drinks, snacks Start selling in the Gumbasa Weir area Since 2016 Average family income per month (Rp) 3,500,000 Average Income from selling at the Gumbasa 1,500,000 Weir per month (Rp)

Photo taken in January 2021 4 Name of vendor Asria Gender Female Age 52 Tahun Status Wife Husband's job (main job) Farmer Address Pandere Village RT 001 RW 001 Gumbasa Subdistrict Sigi District Number of family members 4 (husband, wife and 2 children) Type selling Food, drinks, snacks Start selling in the Gumbasa Weir area Since 2015 Average family income per month (Rp) 3,500,000

Average Income from selling at the Gumbasa 1,500,000 Weir per month (Rp) Photo taken in January 2021

Source: Interview by Resettlement Specialist Assistant Project Preparation Consultant (PPC), update February 2021

Appendix 9 Appendix 9: Decree of the Establishment of Project Implementation Unit