Maritime Waterways and Safety Project

Social Monitoring Report.

Semi-annual Report

August 2016

MARITIME WATERWAYS AND SAFETY PROJECT

Period Covering

July to December 2015 and January to June 2016.

Prepared by PNG National Maritime Safety Authority for the Asian Development Bank.

This Semi-annual Social Monitoring 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.

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.

National Maritime Safety Authority Maritime and Waterways Safety Project

Project Number: 44375-013 Loan Number: 2978-PNG: Maritime and Waterways Safety Project

Social Safeguard Monitoring Report

Period Covering;

July - December 2015 and January - June 2016

Prepared by: National Maritime Safety Authority

Date: August 2016.

Table of Contents ABBREVIATIONS ...... 3 1. INTRODUCTION ...... 4 2. PROJECT OVERVIEW ...... 5 3. METHODOLOGY...... 5 4. COMMUNITY ENGAGEMENT PROGRAM (CEP) ...... 5 5. ACTIVITIES FROM PERIOD JUNE - DECEMBER 2015 ...... 7 5.1 OUTPUTS FOR 2015 ACTIVTIES...... 7 5.2 COMMUNITY MEETINGS, JULY – DECEMBER 2015 ...... 8 6. ACTIVITIES FROM PERIOD JANUARY TO JUNE 2016 ...... 8 6.1 OUTPUTS FOR 2016 ACTIVITIES...... 8 6.1.1 PACKAGE 1 SITE VISITS ...... 8 6.1.2 PACKAGE 2 SITE VISITS ...... 8 6.2 COMMUNITY MEETINGS, JANUARY – JUNE 2016 ...... 9 6.2.1 OUTCOMES ...... 9 7. CONCLUSION ...... 11 APPENDICES ...... 12 APPENDIX A: STATUS OF CEP AND LANDS ACTIVITIES FOR PACKAGE 1 AND 2 ...... 12 APPENDIX B: SAMPLE LAR ...... 19 APPENDIX C: SAMPLE FPIC ...... 21 APPENDIX D: SAMPLE MINUTES ...... 23

TABLES

Table 1: Summary of Community Consultation from June to December 2015 ...... 8 Table 2: Community Consultations, January to June 2016...... 9 Table 3: COMMUNITY LIGHT HOUSE COMMITTEE ...... 10 Table 4: FREE, PRIOR AND INFORMED CONSENT (For Package 1 and 2) ...... 10

ABBREVIATIONS

ADB Asian Development Bank ARB Autonomous Region of Bougainville BSP Bank South Pacific CD Community Development CDD Community Development Department CDO Community Development Officer CEP Community Engagement Program CLC Community Lighthouse Committee CLAC Community and Lands Coordinator CP Central Province DLO District Lands Officer DLPP Department of Lands & Physical Planning ENBP East New Britain Province FPIC Free, Prior and Informed Consent GoPNG Government of Papua New Guinea LARF Land and Resettlement Framework LIR Land Investigation Report LLG Local Level Government MBP Milne Bay Province MP Manus Province MWSP Maritime and Waterways Safety Project Navaid Navigational aid NGI Niugini Islands Group NIP New Island Province NMSA National Maritime Safety Authority PA Provincial Administration PIU Project Implementation Unit PNG Papua New Guinea SPS Safeguards Policy Statement VGO Valuer’s General Office WNBP West New Britain Province

1. INTRODUCTION

1. The Maritime and Waterways Safety Project is jointly funded by the Government of Papua New Guinea (GoPNG) and the Asian Development Bank (ADB) through Loan 2978-PNG. The Loan Agreement was signed on the 29th of January 2013. The Executing Agency is the National Maritime Safety Authority (NMSA).

2. The Maritime Waterways Safety Project (MWSP) aims at improving safety and efficiency of international and national shipping in coastal areas and waterways in Papua New Guinea (PNG) by replacing, installing and maintaining navigational aids (navaids), improving maritime safety information infrastructure, improving maritime safety practice of communities, and providing efficient project management and capacity development.

3. The MWSP involves the maintenance of 99 existing navigational aids and install 33 new ones across the 14 provinces in PNG. The project is expected to have limited minor land acquisition (mostly of sea-bed, reefs, or foreshore) but is unlikely to have displacement or resettlement impacts, as most sub-projects are existing infrastructures and rehabilitation works will be undertaken in the sea and within existing location.

4. According to ADB reporting requirement as stipulated in its Safeguards Policy Statements 2009 (SPS 2009), the MWSP social sector will have to be reported on semi-annual basis though there isn’t any works on physical displacement of people.

5. This social safeguard monitoring report covers project activities from June 2015 to December 2015 and January to June 2016 of mostly community and stakeholder consultations. During January to June 2015 saw the mobilization of international and national team members and inception phase of the MWSP activities.

6. The following paragraphs describe in brief the project background, social safeguard requirements, resettlement processes and the community engagement programme, which involves two field visits to each community per navaid site as a minimum and one courtesy visit to the respective provincial government administrations, where the navaids will be installed.

7. Then a short overview is given on implemented project activities during the period. A table attached in Appendix A summary of the main outcomes and outputs per community, all signed agreements to cover resettlement and other social safeguard requirements, any disputes in the communities over the portion of land where the navaid will be located, planned mediation processes and further steps how to overcome these problems.

8. A monitoring of the consultation process has started whereas resettlement and social assessments in communities have been initiated as a prerequisite for installation of planned navaids. Any socio economic impact of people’s life in regard to project activities can be monitored after the first installation of the navaid and first installment of land lease payments to customary landowners and Community Lighthouse Committees (CLC).

9. Detailed activity reports with meeting minutes, signed agreements, due diligence reports for resettlement and photos of sites and communities are not in this report but were submitted in quarterly progress reports of the project.

10. In Appendices B-D are sample forms for Free, Prior and Informed Consent, a checklist from the LARF and minutes from community consultations.

2. PROJECT OVERVIEW

The Project has four main outputs:

I. Installation of 33 new navaids, replacement of 99 existing navaids, and maintenance of installed and replaced navaids as located in the various Maritime Provinces.

II. Improvement of safety information, infrastructure, comprising hydrographic surveys, installation of 5 AIS transponders, and installation of 3 tide gauges.

III. Improvement of maritime safety practice of communities, comprising of community engagement programs for maritime safety awareness activities and small craft safety training activities.

IV. Provision of efficient project management and capacity development, comprising of establishment of a Project Implementing Unit (PIU), support to manage and implement the project, and engagement and training of staff in operating the safety and hydrographic information infrastructure of NMSA.

11. The impact will be safer and enhanced access to socioeconomic opportunities for communities in PNG and regional and international stakeholders. The project is expected to produce benefits for rural and remote populations as well as the national and international population.

12. The Project has been classified B under ADB SPS (2009) for environment and social category. Framework documents have been prepared to describe the safeguard requirements for the project. NMSA as executing agency has overall responsibility to comply with safeguard requirements.

13. The PIU of the project employed two Community and Land Coordinators (national, whole project duration) and a Gender, Community and Lands Specialist (international, intermittent) as part of the community development team.

3. METHODOLOGY

14. Social safeguards and resettlement in this project include inter alia a community engagement programme (CEP) and land acquisition processes. Involuntary resettlement of people will not be required as most navaids will be installed in the seabed or on locations on land, which mark a cliff or a rock. In most cases no vegetation has to be removed.

15. The resettlement process involves land acquisition of customary land on a lease basis for 20 years. Most sites are under water. The proposed size of land under water is 20 m x 20 m and on land 10 m x 10 m. The lease is signed between NMSA and respective landowners. The Land Investigation Report (LIR) is initiated by officers from Department of Lands and Physical Planning (DLPP) and provincial land officers. Land acquisition processes follow legal procedures of PNG government as disclosed in the Land Act 1996 (currently under review).

4. COMMUNITY ENGAGEMENT PROGRAM (CEP)

16. The CEP comprises of several phases of stakeholder consultations, which have to be followed before any installation of the navaid can proceed.

17. Firstly, courtesy visits to the provincial administrations: The main aim of these visits is to introduce the project to the Provincial Administrator (PA), Governor and respective officers from Land, Law and Justice, Planning and Local Level Government. The project team expects to get

6 information from the lands officers about the communities located nearest to the planned site in order to identify the right landowners.

18. After receiving information from the lands officers and provincial administrations, the team conducts first visits to communities. The main purpose for these visits is to conduct awareness about the installation of the navaid/beacon and the project. The first consultation with communities is done by the community, environment and engineering project teams. Officers from provincial and national lands divisions/department, a surveyor and a valuer also join the team.

19. Whilst the community team conducts the awareness about the project, the engineering team assesses the sites with local permission and attendance. It is crucial that people in villages accept the installation of the navaid and that elder, councilors and landowners gives their permission to the project team to inspect the sites. By accepting and understanding the purpose of the project, community representatives sign a Free, Prior and Informed Consent (FPIC), which is a precondition of continuing project activities. The form is pre - signed by NMSA CEO; one original is within the community and the other original remains in the project office.

20. A checklist retrieved from the Land Acquisition and Resettlement Framework (LARF) is filled during each community visit and a due diligence report prepared for each site (see sample attached in Appendix B).

21. During community meetings the MASP CD team also discloses grievance redress mechanisms and explains further steps of the community programme. All awareness material about the project is prepared by the CD team and distributed in community meetings, which are recorded and filed in the office. Main emphasis is laid on gender balance, when it comes to decision making for the navaid installation, land issues and representation in public discussions.

22. The second phase of community consultations is focused around land acquisition and community representation by forming a Community Lighthouse Committee (CLC). The Community Lighthouse Committee is established to monitor the lighthouse and to ensure that no vandalism acts occur to the lighthouse.

23. The CLC is responsible for the security of the lighthouse and to report any outage or damage of lights. It is bounded by the Community Security and Lighthouse Monitoring Agreement (CSLA). The term of this agreement is for twenty (20) years.

24. Fees are paid once the lighthouses are installed and are tested to be functioning. Whilst the LIR is conducted by officers from DLPP and provincial/district lands offices with assistance from the CD project team, the whole process around forming of CLC is solemnly the responsibility of the CD project team. Village Councillors and Ward Recorders assist the team in retrieving information through community profiles and collecting socio - economic baseline data through survey questionnaires.

25. Awareness about safe practice at sea for small craft operators and community members are part of the awareness programme during the second visits. These trips last approximately two to three days per community. Distribution of HIV/AIDS material and a short introduction on transmission, background and social impact is done by Community and Lands Coordinators, who have been trained and certified during the inception phase of the Project.

5. ACTIVITIES FROM PERIOD JUNE - DECEMBER 2015

26. As of December 2015 the project had three proposed navaid packages distributed over 12 Maritime Provinces in Papua New Guinea. 132 installations were planned in total. Package 1 included 39 navaids, 32 in Milne Bay Province and 7 in Central Province. Package 2 is geographically scattered over the New Guinea Islands Region, which includes Autonomous Region of Bougainville (ARB), New Ireland (NIP), Manus (MP); East New Britain (ENB) and West New Britain (WNB) Provinces.

27. A total of 32 navaids are listed in package 2. Package 3, which is not covered in this report, involves New Guinea Mainland Provinces and has 47 sites. The list of confirmed sites might change as land issues in communities, which could not be solved by mediation or during consultations, could delay project implementation and therefore will be assessed properly if remaining on the list for installation.

28. Activities in 2015 only focused on package 1. The project team conducted courtesy visits to Milne Bay and Central Province respectively. Provincial Administrators and representatives of provincial lands and planning divisions were informed about the project and appreciated the support to further mitigate the risks of sea accidents and stranded ships on reefs, where oil spill might endanger species and the livelihood of communities.

29. First community consultations were planned and implemented in two different awareness field trips. The CD and engineering, environment, project management teams together with surveyors, valuers and a land officer from DLPP conducted activities as described in para a) and b). A further second trip was implemented for 14 sites in Milne Bay Province.

5.1 OUTPUTS FOR 2015 ACTIVTIES.

30. Thirty nine (39) site assessments had been done and thirty eight (38) community meetings held, minutes recorded and filed in the office. Some communities are adjacent to more than one site and in that case FPICs were signed by same community members.

31. For package 1 only thirty six (36) FPICs were signed, one village signed for three sites (Kiriwina). There were no issues in the communities except that a lot of sites are in remote areas and one community only could be visited by helicopter to save time and costs (Budi Budi Island). It has to be discussed if payment in kind for lease agreements and CLC membership are a better option than payments into bank accounts, which are located hundreds of kilometers away from the island.

32. One hundred and four (104) community members signed 36 FPICs for package 1, disaggregated by 104 males and 44 females.

33. The second community consultation was implemented in Dawson and China Strait, Milne Bay Province. These are 14 sites. 14 CLCs were conducted and 14 LIRs initiated. One LIR was later disputed as different landowner groups claimed the portion of land (20m x 20m). Salamo Point is to date under dispute and land mediation is unlikely to resolve the matter until package 1 is tendered out.

All further details on activities outputs are attached in the table under Appendix A.

Table 1: Summary of Community Consultation from June to December 2015

No. Date Sites included Type 1. 29.07 – 11.08.15 31 Milne Bay Province Visit (package 1) 2. 04.09.15, 10.09.15 & 18.09.15 7 Central Province Visit (package 1) 3. 10 – 25.11.15 14 Milne Bay Province Visit (package 1)

5.2 COMMUNITY MEETINGS, July – December 2015

34. Package 1: A total of thirty eight (38) meetings were held with a total of 905 counted participants with 523 male and 382 female respectively.

6. ACTIVITIES FROM PERIOD JANUARY TO JUNE 2016

35. This reporting period covers nine different field trips for package 1 and 2 with community consultations and implementation of the Community Engagement Programme and land acquisition processes.

6.1 OUTPUTS FOR 2016 ACTIVITIES.

6.1.1 Package 1 Site Visits

36. For package 1 second visits were continued in Milne Bay and Central Province. Activities were implemented described in par 3 (c). It was planned to initiate the LIRs and CLCs in 16 sites in Kiriwina, Kitava, Deboyne, Misima and Jomard Passage communities in Milne Bay Province. Only on Misima Island two sites (Bwagoia Harbour) were disputed over land and representation of community members in the CLC. The CD team could not conduct any activities after four community meetings. Family members have to solve issues among themselves. It is unlikely that the disputes will be solved until package 1 will go for tender.

37. On Deboyne Islands one site has been disputed and no LIR was conducted (Redlick Passage, Holuga). West Passage, Lenana was claimed from the main clan on the islands. A mediation process is proposed in the coming weeks.

38. In Kiriwina 1 CLC was conducted, but according to the District Lands Officer no LIR were necessary as all four sites were replacements. In Jomard Passage one community formed a CLC for four sites (see list down below in table).

39. Community meetings in Tubusereia & Barakau, Central Province (Padana Nahua Passage), were difficult as there were heavy leadership issues and the community could not come to an agreement. The CD team conducted seven meetings, but could not initiate any of the planned activities for CLCs or LIRs. The Project Management decided to take these sites off the list. All meetings are recorded and filed in the office.

6.1.2 Package 2 Site Visits

40. Courtesy visits to five provinces covered Autonomous Region of Bougainville (ARB), New Ireland, Manus, East and West New Britain Provinces. All PAs appreciated that the Project is planning to install navaids and help improving maritime safety.

41. First community consultations started for 31 first sites in five provinces. There were no issues in these communities during these visits and 31 FPICs were signed.

42. Second community consultations in Manus, New Ireland and Autonomous Region of Bougainville revealed a few community issues in regard to customary landownership, when conducting the LIR to identify the right landowners. Further leadership problems occurred when individual community members questioned the process of community consultation conducted by lands officers and/ or the team. In all cases it was revealed that other clan or even family members claimed the small portion of land under sea, where the navaid will be installed. Issues could be either solved during the second or following visits or a land mediation process was initiated by the community, district and provincial authorities. There are sites disputed until to date (see attached list in Appendix A).

 Manus Province: 5 sites, 5 CLCs and 3 LIRs conducted; 4 sites under dispute (different clans claim portion of land) after activities were finalised.

 ARB: 11 sites, 8 LIRs and 5 CLCs conducted, 3 sites are under dispute (2 different communities claim land); it is unlikely that disputes are resolved before package 2 goes for tender.

 NIP: 5 sites, 5 LIRs and 5 CLCs conducted, no dispute

 WNB: 4 sites in harbour area on state land, no LIR or CLC conducted; 1 site on customary land, CLC formed and LIR initiated

 ENB: 4 sites, 3 LIRs and 4 CLCs conducted, 2 sites have been disputed.

Table 2: Community Consultations, January to June 2016.

No Date Sites included Type 27.01. -14.02.16 16 Milne Bay, Kiriwina 2.visit (package 1) 23.02. – 26.02. 16 7 Central Province 2. visit (package 1) 3.7.9 & 30.03.16 20.02.- 05.03.16 31 NGIs, ENBP, WNBP visit (package 2) 14.03. – 16.03.16 21.03. - 22.03.16 02.05. – 14.05.16 5 Manus visit (package 2) 23.05. – 04.06.16 10 ARB visit (package 2) 15.06. – 25.06.16 1 ARB, 5 New Ireland visit (package 2) TOTAL: 75

6.2 COMMUNITY MEETINGS, JANUARY – JUNE 2016

Package 1: 17 meetings 692 counted participants, 488 m, 204 f Package 2: 46 meetings 1774 counted participants, 970 m, 804 f

6.2.1 Outcomes

Total 63 community meetings with 2466 counted participants, 1458 m, 1008 f

Table 3: COMMUNITY LIGHT HOUSE COMMITTEE

No Province CLC m f Total Comments Milne Bay 24 96 45 141 2 sites not conducted; 1 CLC for 4 sites in Jomard Central 4 16 3 19 3 sites off the list Manus 5 26 15 41 4 CLCs with 19 m and 13 f, sites are disputed, 1 might come back on list ARB (Buka and Nissan) 5 24 11 35 5 CLCs in Buka for 8 sites NIP 5 25 10 35 ENB 3 20 8 28 WNB 1 5 2 7 Total: 46 212 94 306

Table 4: FREE, PRIOR AND INFORMED CONSENT (For Package 1 and 2)

No Province FPIC m f Total Comments Milne Bay 29 76 33 109 Package 1 Central 7 28 7 35 Manus 5 10 7 17 ARB (Buka and Nissan) 11 29 13 42 NIP 5 9 7 16 Package 2 ENB 4 16 3 19 WNB 2 4 4 8 Total: 63 172 74 246

7. CONCLUSION

43. Social safeguard monitoring and reporting will follow the same described pattern of activities. The most unpredictable component in the community engagement programme is the land acquisition as landownership is a main cultural identity; families and clans in communities follow. These are sometimes different when people have different interests, which have to be treated sensitively.

44. Although land mediation strategies are initiated where disputes arise, some problems cannot be resolved during project implementation. Packages 1 and 2 will have to go for tender and the list of proposed navaids might be changed over disputed sites thus to provide an appropriate basis for a contractor to address communities and start with installations of navaids.

45. During all community and public consultation processes the CD team realised that the Project and its planned outputs is highly appreciated as it benefits the public directly through its community engagement programme and land lease payments to landowners, but also from the safety perspective minimising risks of sea accidents and improving safety of national and international shipping.

APPENDICES

Appendix A: Status of CEP and Lands Activities for Package 1 and 2

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates PACKAGE 1 Milne 1. Gigipwala Point Taulu 31.07.15 18.11.15 Initiated Land acquisition in process: Bay Gigipwala Point 18.11.16 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne Saramo (Salamo) Point Gomwa 31.07.15 17.11.15 Initiated and Most likely to be taken off; no progress Bay Budinaita disputed Dawson 17.11.15 Strait Milne 2. Sebulugomwa Point Bwaiowa 01.08.15 17.11.15 Initiated Land acquisition in process: Bay Sebulugomwa Point 17.11.15 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 3. Dobu Island N-end Dewasiya 01.08.15 16.11.15 Initiated Land acquisition in process: Bay Bwabwawa 16.11.15 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 4. Waiope Island Neumara 01.08.15 15.11.16 Initiated Land acquisition in process: Bay O’ayobe 15.11.16 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 5. Cape Doubtful S-end Eluiya 01.08.15 14.11.16 Initiated Land acquisition in process: Bay Niugoma’ala 14.11.16 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 6. Cape Doubtful N-end/ O’oiyana 02.08.15 12.11.16 Initiated Land acquisition in process:

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates Bay Lalai 12.11.16 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 7. Yadayadala/ Sapilai 01.08.15 13.11.16 Initiated Land acquisition in process: Bay Yadayadala 13.11.16 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 8. Sanaroa Island W-end/ Udaudana 02.08.15 11.11.16 Initiated Land acquisition in process: Bay Yauyana 11.11.16 DLPP awaits survey plan and valuation Dawson certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 9. Losuia Pile No.3/ Kavataria 03.08.15 13.02.16 Not No LIR conducted due to advice from DLO Bay Wayayu conducted. (Kiriwina). All other navaids were a Kiriwina community service from Nawae. Island Milne 10. Losuia Pile No.2/ No community No FPIC No CLC Replacement No CLC established and LIR not Bay Losuia Pile No.2 conducted. Replaced with pile Kiriwina Island Milne 11. Losuia Pile No.6/ No community No FPIC No CLC Replacement No CLC established and LIR not Bay Losuia Pile No.6 conducted. Replaced with pile Kiriwina Island Milne 12. Losuia Pile No.10/ No community No FPIC No CLC Replacement No CLC established and LIR no Bay Losuia Pile No.10 conducted. Replaced with pile Kiriwina Island Milne 13. Nuratu Island/ Kumwageia 09.08.15 10.02.16 Initiated Land acquisition in process: Bay Nuratu Island 10.02.16 DLPP awaits survey plan and valuation Kitava certificate; then a portion number is inserted Island into the LIR and sent to the province; further steps are done in the provincial offices Milne Bwagoia Harbour No.1 Bwagoia 05.08.15 Not Not No CLC established and LIR not conducted Bay Misima/ conducte conducted. due to dispute among clan members. No Misima Oiamotimoti 1 d progress; most likely to be taken off

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates

Milne 14. West Passage/ West Panaeati 06.08.15 05.02.16 Initiated One CLC formed for 2 sites. Bay Mahawan 05.02.16 A dispute started as the clan, who signed Deboyne Disputed landownership for East Panaeati also claims Islands and land Holuga and West Panaeati sites. A clan mediation member met the Project Manager and CD requested Team in POM office 01.08.16; land mediation will be organised by Milne Bay Lands Advisor Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Milne 15. West Passage/ West Panaeati 06.08.15 05.02.16 Initiated Same as above Bay Lenana 05.02.16 Land acquisition in process: Deboyne Disputed DLPP awaits survey plan and valuation Islands and land certificate; then a portion number is inserted mediation into the LIR and sent to the province; further requested steps are done in the provincial offices

Milne 16. Redlick Passage/ Panapompom 06.08.15 05.02.16 Initiated One CLC for two sites Bay Rara Island 05.02.16 Land acquisition in process: Deboyne DLPP awaits survey plan and valuation Islands certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Milne 17. Redlick Passage/ Panapompom 06.08.15 05.02.16 No LIR CLC with same community Bay Holuga Disputed - LIR to be conducted! Deboyne Is resolved Holuga is resolved and the team awaits Islands and LIR has confirmation letter from the Councillor. The to be LIR has to be conducted, when land conducted mediation is done for West Panaeati. Milne 18. Hobwaiwala 1/ East Panaeati 06.08.15 05.02.16 Initiated One CLC formed for 2 sites Bay Hobwaiwala 1 05.02.16 Deboyne Land acquisition in process: Islands DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates steps are done in the provincial offices Milne 19. Hobwaiwala 2/ East Panaeati 06.08.15 05.02.16 Initiated CLC with same community Bay Hobwaiwala 2 05.02.16 Deboyne Land acquisition in process: Islands DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices

Milne 20. Jomard Entrance Brooker Island 07.08.15 01.02.16 Initiated Community decided that they have one CLC Bay (Bramble Haven 01.02.16 for all sites in Jomard Jomard Entrance S-end)/

Passage Aimekumekuna Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Milne 21. Jomard Entrance Brooker Island 07.08.15 Same as Initiated Land acquisition in process: Bay (Bramble Haven above 01.02.16 DLPP awaits survey plan and valuation Jomard Entrance N-end) certificate; then a portion number is inserted Passage Nevenak into the LIR and sent to the province; further steps are done in the provincial offices Milne 22. Jomard Entrance (Uruba Brooker Island 07.08.15 Same as Initiated Land acquisition in process: Bay Reef S-end)/ above 01.02.16 DLPP awaits survey plan and valuation Jomard Ulubwal certificate; then a portion number is inserted Passage into the LIR and sent to the province; further steps are done in the provincial offices Milne 23. Jomard Entrance (Uruba Brooker Island 07.08.15 Same as Initiated Land acquisition in process: Bay Reef N-end)/ above 01.02.16 DLPP awaits survey plan and valuation Jomard Ungi certificate; then a portion number is inserted Passage into the LIR and sent to the province; further steps are done in the provincial offices Milne 24. Gadogadowa Island Gadogadowa 08.08.15 20.11.15 Initiated Land acquisition in process: Bay Point/ 20.11.15 DLPP awaits survey plan and valuation China Bwatasiuna certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates Milne 25. Kwato Island (1)/ Gouwali 08.08.15 21.11.15 Initiated Land acquisition in process: Bay Isuhina 21.11.15 DLPP awaits survey plan and valuation China certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 26. Kwato Island (2)/ Gouwali 08.08.15 21.11.15 Initiated Land acquisition in process: Bay Kwato Eno Kabawasa 21.11.15 DLPP awaits survey plan and valuation China certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 27. Gesila Island/ Kihikihiuna 08.08.15 22.11.15 Initiated Land acquisition in process: Bay Lei Motumotu 22.11.15 DLPP awaits survey plan and valuation China certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 28. Iguali Island / Iguali Island 08.08.15 24.11.15 Initiated Land acquisition in process: Bay Baewa Ionaguda 24.11.15 DLPP awaits survey plan and valuation China certificate; then a portion number is inserted Strait into the LIR and sent to the province; further steps are done in the provincial offices Milne 29. Tamaris Reef/ Budibudi 21.09.15 08.02.16 Initiated Island is so far away and thus should receive Bay Tamaris Reef 08.02.16 their payment in kind.

Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Milne 30. Cannac Islet/ Budibudi 21.09.15 08.02.16 Initiated The community suggested to having this site Bay Cannac Islet 08.02.16 as well thus the CD team decided to form the Budibudi CLC and conduct LIR while there. Island Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Central 31. McFarlane Harbour Gavuone 10.09.15 25.02.16 Initiated LIR has been disputed but no official Province Marshall Lagoon 1/ 25.02.16 complaint submitted to PLO; councillor stated

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates Galu’Uvale that the community supported the installation (visit at PLO 17.08.16)

Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Central 32. McFarlane Harbour Gavuone 10.09.15 26.02.16 Initiated Land acquisition in process: Province Marshall Lagoon 3/ 26.02.16 DLPP awaits survey plan and valuation Managavaro certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Central 33. McFarlane Harbour Kelerakwa 10.09.15 26.02.16 Initiated Land acquisition in process: Province Marshall Lagoon 2/ 26.02.16 DLPP awaits survey plan and valuation Rinaloo certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Central 34. McFarlane Harbour Kupiano 10.09.15 26.02.16 No LIR The site is at the station Province Marshall Lagoon 5/ conducted Kupiano PACKAGE 2 ARB 1. Cape Hanpan (North Hanpan 21.02.16 Revisit 22. August 2016 Buka)/ Kape Hanpan/ Aragah ARB 2. Buka Passage Beacon Novahnek 22.02.16 27.05.16 Initiated Land acquisition in process: No.2/ 27.05.16 DLPP awaits survey plan and valuation Koteikanak certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices ARB Buka Passage Beacon Novahnek 22.02.16 No No These 2 sites are under dispute as there are No.3/ (Nova 2)/Ieta 2 villages (Ieta and Nova 2) claiming it to be Masogo within their boundary. July 2016: Still no progress as the two parties did not meet and the lands officers did not follow up. Has to be decided if revisit is appropriate Provincial lands officer contacted and he

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates recommends to remove it from the list as Ieta people are not willing to handle the dispute ARB Buka Passage Beacon Novahnek 22.02.16 No No These 2 sites are under dispute as there are No.5/ (Nova 2)/Ieta 2 villages (Ieta and Nova 2) claiming it to be Minan within their boundary. July 2016: Still no progress ARB Buka Passage Beacon Ieta 22.02.16 No No Provincial lands officer contacted and he No.4/ recommends removing it from the list as Ieta Tasoku people are not willing to handle the dispute. July 2016: No progress as dispute solution for two other sites (Minan and Masogo) is pending. ARB 3. Carola Landing Beacon Karola 23.02.16 01.06.16 Initiated Karola has one CLC for three sites No.6/ 01.06.16 Land acquisition in process: Tulung DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices ARB 4. Hetau Passage Beacon Hetau and Pororan 23.02.16 01.06.16 Initiated Hetau and Pororan communities jointly No.1/ 01.06.16 formed one CLC Wapu Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices ARB 5. Hetau Passage Beacon Hetau and Pororan 23.02.16 Same as Initiated Hetau and Pororan communities jointly No.2/ above 01.06.16 formed one CLC Kulu Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices ARB 6. South Channel Beacon Karola 23.02.16 01.06.16 Initiated Karola CLC No.3/ 01.06.16 Tulum Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates into the LIR and sent to the province; further steps are done in the provincial offices ARB 7. South Channel Beacon Karola 23.02.16 01.06.16 Initiated Karola CLC No.1/ Same as 01.06.16 Land acquisition in process: Diwau above DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices ARB 8. Nissan Island South Gerei 24.02.16 14.06.16 Initiated Land acquisition in process: Point/ 14.06.16 DLPP awaits survey plan and valuation Tulau (Kamloe) certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices New 9. Feni Island/ Pikan 25.02.16 15.06.16 Initiated Traditional name changed Ireland Pikan/ Waranguspak 15.06.16 Land acquisition in process: Province DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices New 10. Tanga Sindaodu: 26.02.16 16.06.16 Initiated Traditional name changed to Mulemo Ireland Islands/Malendok/ 16.06.16 Province Mulemo Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices New 11. Tench Island/ Tench 27.02.16 18.06.16 Initiated Traditional name of reef after inspection by Ireland Tangisnakuru 18.06.16 landowners changed to Tangisnakuru. Province Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices New 12. Eloaua Island/ Eloaua/Loaua 28.02.16 20.06.16 Initiated Traditional name changed into Katumatane; Ireland Katumatane 20.06.16 the right name for the island is Eloaua Island Province within the Mussau Islands Group.

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices New 13. Tingwon Island / Tingwon 29.02.16 21.06.16 Initiated Land acquisition in process: Ireland Bangatan 21.06.16 DLPP awaits survey plan and valuation Province certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Manus Horno Island/ Patuam/ Liuliu, Bundrow 02.03.16 04.05.16 Not Likely that site will be removed from list as no Province Patuam Point/Lue Point conducted progress was reported after the visit of PM to due to Manus in August dispute. Manus Rambutyo Island Mouklen 03.03.16 05.05.16 Not Likely that site will be removed from list as no Province /Langembulos/ Lenkau conducted progress was reported after the visit of PM to Houm Langembulas/ due to Manus in August Pucho Point dispute. Manus Baluan Island/ Pumbanin 03.03.16 08.05.16 Initiated After the LIR was conducted, some Province 08.05.16 community members disputed the site. Soklou Reef The councillor sent a letter to the PA (August 2016) requesting change of location for the site, where there are no land disputes. After a visit to Manus in August by the Project Manager it was agreed with provincial authorities that the community has to come to an agreement for the original site by end of August; there will be no change of location for the site. Manus 14. Lou Island/ Rei 04.03.16 09.05.16 Initiated Land acquisition in process: Province Sovorani Reef 09.05.16 DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices Manus Pak Island/ Mulireu 04.03.16 11.05.16 Initiated Same situation as the site at Pumpanin Province Tokopuil/Topalar Point 11.05.16 where LIR was conducted and later disputed. Likely that site will be removed from list as no progress was reported

Province No Sites /English Community FPIC CLC LIR Planned Activities/ Area Traditional Signed Signed Status Comments/ Updates East New Matupit Island Point/ Matupit 15.03.16 24.06.16 Not yet Site is under dispute. There are three Britain Bitgan Point parties involved. Will await court decision in July 2016.

East New 15. Raluana Point/ Ialakua 15.03.16 05.08.16 Initiated Land acquisition in process: Britain Tagirgir Point 05.08.16 DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices. Received a letter disputing the site. East New 16. Vulcan Point/ Tavana 15.03.16 21.06.16 Initiated Land acquisition in process: Britain Kuraira 21.06.16 DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices East New 17. Pidgeon Island Point/ Palakuvur 15.03.16 04.08.16 Initiated Land acquisition in process: Britain Pupuongon 04.08.16 DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices West 18. Kimbe Beacon No.03 Kimbe Harbour Harbour Harbour No LIR Harbour area New 19. Kimbe Beacon No.02 area, no area, no needed Britain 20. Kimbe Beacon No. 06 FPIC CLC 21. Kimbe Beacon No. 05 needed needed 22. Pelelua Reef North/ Buluma: 09.04.16 16.06.16 Initiated Same CLC Narivurivu 16.06.16 Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices 23. Pelelua Reef South/ Buluma 09.04.16 16.06.16 Initiated Same CLC Natetele Same as above Same as 16.06.16 above Land acquisition in process: DLPP awaits survey plan and valuation certificate; then a portion number is inserted into the LIR and sent to the province; further steps are done in the provincial offices

APPENDIX B: Sample LAR

LAND ACQUISITION AND RESETTLEMENT (LAR) SCREENING CHECKLIST (No: B9, Bougainville) Province Bougainville District Buka

Community Pororan Island

Name of Diwau 2, Queen Carola Navaid/Subproject South Entrance, Beacon 3 Brief Description of Site and Proposed Work

Pile is old and has to be replaced. No community nearby is affected. Distance to the shore approx. 600 m, the pile is in a seabed depth of 2m. There is swamp on the land side of the beacon and reef on the sea side of the navaid. Land Acquisition & Resettlement Likely Effects Yes No Description Will the subproject require land X Land acquisition in PNG includes either acquisition? outright purchase or lease agreement of customary land Is the required land under water? X Customary land under water Will the subproject require X construction of a new facility? Will the subproject require X upgrade of an existing facility? Is the ownership status of land X Options of land acquisition will start in known? If yes, what are the second visit and follow PNG legal ownership arrangements? processes Is the current usage of land X known? Will there be loss of housing? X Will there be loss of agriculture X plots/fishing grounds? Will there be loss of crops/trees? X Will there be loss of businesses? X Will there be loss of any small X shops or stalls? Are there non-titled people, who X live or earn their livelihood at the site? If yes, do they have structures or other assets that will need to be removed? Information on Affected Persons What is the estimated number of Male: Female: N/A households to be affected? What is the estimated number of N/A people to be affected? What is the estimated number of N/A no-titled land users to be affected? Briefly describe the types of income or livelihoods (if) to be affected and nature of impacts:

 Positively the community will have more income through the yearly payments to Community 20

Lighthouse Committees, which will be used for community activities.  More income through the payment to landowners after the land acquisition process is finished – either by lease agreement with NMSA for next 20 years or through outright purchase  Improved subsistence fishing  Improvement of maritime safety

Document/Plan Requirements Based on the foregoing identification of impacts and the subproject:

Create land acquisition/resettlement impacts ( if yes is ticked in answer to any question in Section 1) and a Resettlement Pan Create no resettlement impacts, no resettlement plan x is required. This screening checklist and a due diligence report will be prepared as the documents for the sub project.

Due Diligence report: The site is under water and a replacement, there are no affected people or their livelihood is under threat. There is no resettlement plan needed. Reviewed and agreed by:

Name & Signature: Date: 23.02.2016 (Team Leader)

Name & Signature Date: 23.02.2016 Programme Manager Name & Signature Date: 23.02.2016 (Gender, Community & Land Specialist)

APPENDIX C: Sample FPIC

National Maritime Safety Authority Maritime and Waterways Safety Project

Free, Prior and Informed Consent [Explanation: Free prior and informed consent’ (FPIC), is the principle that a community has the right to give or withhold its consent to proposed projects that may affect the lands they customarily own, occupy or otherwise use; UN Declaration on the Rights of Indigenous Peoples 2008] We, the undersigned, in representation of the community (named here)______- ______and holder of our customary rights do hereby declare that we are fully informed about the proposed installation of a navigational aid on the land/reef known as______Containing approximately______(enter size of land/reef) and situated in Province______, District ______LLG______,Ward______We understand the purposes of the navigational aid and herewith give our free consent to contractors and consultants to access and work on the site without interference or dispute by any force from our community. We expect the contractor/consultants to respect our fishing grounds and cultural heritage and that no harm or disastrous effect/damage caused to environments will occur by littering or leaving hazardous materials on site. We further declare that no vandalism by the community shall occur at any time on the installed navigational aid or equipment thereon. We are fully aware that breach of this agreement will be severely dealt with in court of law and that the land/water known as ______(enter name here) is disposed to the State of Papua New Guinea for the installation of a navigational aid (light house/beacon) for public and commercial transport purposes with National Maritime Safety Authority. ______(enter name of community), Date:______

Name Gender LLG Ward Community Status e.g. Signature councillor, chief, women´s rep., landowner

I, ______(enter name) of ______(enter position in NMSA or other office administration of PNG), do hereby certify that the content of this declaration was read over by ______(enter name) in a language, which is understood by the signatories and I further state that to my best knowledge and belief the content of this consent was understood by the signatories.

______(name of location), date:______

______Signature of Witness

Signed for and on behalf of National Maritime Safety Authority

______PAUL UNAS General Manager/CEO National Maritime Safety Authority

APPENDIX D: Sample Minutes Date 03/03/16 Location Manus Province/Rambutyo Island /Mouklen community Site: Pucho/Houm/Langembulos Island Name of institution/ Community listed as above division/ organisation Attendees Keith Panikau (Chief), Renagi Manuai (Women´s Rep); Eric Petrus, Project Manager ; Claudia Strier, Gender, Community & Land Specialist (GCLS), John Ellyett, Maritime Specialist, Fabiola Atbo, Community & Land Coordinator; Priscilla Piandi, Environment Officer, Jenny Wakfen, Project Officer – Customary Lands Impact Project; DLPP; Patricia Kanamon, Senior Customary Lands Officer, ABG; Aaron Kupo, Private Surveyor; Ismael Kawai, Small Craft Safety & Education Officer, NMSA, community members, children Number of people at 27 m meeting 19 f Population 400+ Agenda Community awareness about the Project and signing of the Free, Prior and Informed Consent (FPIC) form and assessment of the site.  Brief description of the community and where the community awareness took place; o Mouklen is a well-established community with a lot of permanent houses. It lays in the boundaries of ward 9. The meeting was held in this community. It is the closest community to the site. The councillor of this community was not present at the meeting, therefor the councillor of Ward 8, representing Lengkau community, signed the consent form. He also claimed to be landowner of the customary land of the site, which is located on Langembulos island/Houm/Pucho. o Mouklen was a government plantation of copra production, coconut oil. The plantation is closed, but is still state land. They have a primary school, aid post and some stores. Travel time per dinghy is 3-4 hours to Lorengau. People live from subsistence economy, but also have cash income from beche de mer and selling of fish, which they sell at Lorengau.

The technical team assessed the site on the island of Langembulos; the best location for the lighthouse would be on land. During the trip to the island the technical team was informed by some villagers that the island is disputed under four clans and that the councillor only represents one clan.

The customary lands officer from Manus Province explained the visit of the project team. The awareness was done by the CD team. Community’s Response

o The president of the Village Planning Committee (Mouklen) stated that the councillor for Ward 9 is in town and he asked the councillor of Ward 8 to speak on their behalf. He mentioned that they all agree with having a lighthouse installed and that it serves the communities of the whole island and not just one. It saves lives and their fishing environment. The FPIC was signed by the Ward 8 councillor and one women´s representative. The name of the community on the FPIC was mentioned as Lenkau, in fact the meeting was with Mouklen community. This has to be sorted out in the next visit. o The team thanked the community and went on site with the chief.

Comments: The customary lands officer of Manus will visit the community again to find out about possible disputes over the island, where the lighthouse will be installed. The project team has to discuss how to proceed further.