Resettlement Action Plan
Final Report December 2014
Papua New Guinea: Bridge Replacement for Improved Rural Access Sector Project-Hiritano Highway, Central Province
Prepared by Department of Works-ADB Projects Coordination Branch for the Government of Papua New Guinea and the Asian Development Bank.
This Resettlement Action Plan 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.
INDEPENDENT STATE OF PAPUA NEW GUINEA DEPARTMENT OF WORKS
L2783/2784 PNG: BRIDGE REPLACEMENT FOR IMPROVED RURAL ACCESS SECTOR PROJECT (BRIRAP)
Resettlement Plan Update – Hiritano Highway
November 2014
Document Stage: Final
Project Number: L2783/2784 - PNG
November 2014
Prepared by Department of Works, Port Moresby, for the Asian Development Bank
The Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily reflect those of ADB’s Board of Directors, Management, or staff, and are final updates.
HIRITANO HIGHWAY RESETTLEMENT PLAN NOVEMBER 2014 Page 1
Contents
GLOSSARY OF TERMS ...... 6 A: EXECUTIVE SUMMARY ...... 9 B: PROJECT DESCRIPTION ...... 11 C: SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 12 i: Projects Potential Impact ...... 12 ii: Scope of Land Acquisition ...... 12 iii: Effects of Assets Lost ...... 13 iv: Common Resources ...... 13 D. SOCIO-ECONOMIC INFORMATION AND PROFILE ...... 13 i: Demographic features of sub project area ...... 13 ii: Impacts of Land & Assets Acquisition on affected peoples ...... 14 iii. Projects Impacts on poor, Different Ethnic groups, and other vulnerable groups...... 17 E: INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ...... 19 i. Project Stakeholders ...... 19 ii. Consultation & Participation Mechanisms ...... 19 iii. Activities to disseminate Project and Resettlement Information ...... 19 iv. Results of Consultations with affected people ...... 20 v: Disclosure of the Resettlement plan ...... 21 vi: Planned information disclosure measures during project implementation ...... 21 F. GRIEVANCES REDRESS MECHANISM ...... 22 G.LEGAL FRAMEWORK ...... 23 i: National & Local Laws & ADB Policy requirements ...... 23 ii. Resettlement Policy Principles for the Project ...... 26 iii: Principles and Methodologies for Determining Valuations and Compensation Rates .... 27 iv. Description of Land Acquisition Process ...... 27 H. Entitlements, Assistance and Benefits ...... 28 i: Displaced Person’s Entitlements and Eligibility ...... 28 ii: Assistance to Vulnerable Groups ...... 30 iii. Opportunities for APs to Derive Appropriate Development Benefits ...... 30 I: Relocation of Physical Structures ...... 31 i: Options for Relocating Physical Structures ...... 31 ii: Consideration of Alternative Relocation Sites ...... 31 iii:Timetable for Site Preparation and Transfer ...... 31 iv: Legal Requirements to Regularize Tenure and Transfer Title ...... 32
2 v: Measures to Assist Displaced Persons ...... 32 J. Income Restoration and Rehabilitation ...... 32 i: Possible Livelihood Risks ...... 32 ii: Income Restoration Program ...... 33 iii: Special Measures to Support Vulnerable Groups ...... 33 iv: Specific Gender Considerations ...... 34 v: Suggested Training Programs ...... 34 K: Resettlement Budget and Financing Plan ...... 35 i: Itemized Budget for Resettlement Activities ...... 35 ii: Flow of Funds ...... 36 iii. Justification for Calculating Compensation Rates and Other Cost Estimates ...... 36 iv. Sources of Financing ...... 36 L: Institutional Arrangements ...... 37 i: Responsibilities and Mechanisms for Carrying out Resettlement Plan ...... 37 ii. Institutional Capacity Building Program ...... 38 iii. Role of Civil Society Groups ...... 38 iv. Involvement of Women’s Groups in Resettlement Planning and Management ...... 38 M: Implementation Schedule ...... 40 N. Monitoring and Reporting ...... 42
List of Maps
Map 1: Project Location ...... 7 Map 2: Sub- Project Location Map ...... 8
List of Tables
Table 1: Summary of Eligibility and Entitlements Criteria Matrix for APs ...... 10 Table 2: Bridge span and estimated cost of new bridge replacement ...... 11 Table 3: Scope of Land Acquisition ...... 12 Table 4: List of ethnic stakeholders at bridge sites ...... 19 Table 5: Key dissemination and resettlement information activities ...... 20 Table 6: Comparison of PNG Laws & ADB Policy & Gap Filling Measures ...... 25 Table 7: Summary of Eligibility and Entitlement Criteria Matrix for APs ...... 29 Table 8: Entitlements for Entitled Persons ...... 29 Table 9: Physical structures for relocation ...... 31 Table 10: Resettlement Budget ...... 35 Table 11: Resettlement Support Services Budget ...... 36 Table 12: Implementation Schedule ...... 40 Table 13: Implementation Schedule ...... 41 Table 14: Monitoring and Evaluation Indicators ...... 42
3 List of Appendices
Appendix I: Socio- Economic Survey Questionnaire ...... 44 Appendix II: Public Information Bulletin ...... 45 Appendix III: Land Acquisition Cadastral Survey: Laloki River Bridge ...... 46 Appendix IV: Land Acquisition Cadastral Survey: Brown River Bridge ...... 47 Appendix V: Land Acquisition Cadastral Survey: Angabanga Bridge ...... 48 Appendix VI: Land Investigation Report and Land Valuation: Laloki ...... 49 Appendix VII: Land Investigation Report & Land Valuation: Brown River ...... 50
4 ABBREVIATIONS
Exchange Rate: 1USD = PNGK2.567394 as of 2nd December 2014
ADB Asian Development Bank APs Affected Persons BRIRAP Bridge Replacement for Improved Rural Access Project DLO District Lands Officer DMS Detailed Measurement Survey DOL Department of Lands and Physical Planning DOW Department of Works EA Executive Agency EIA Environment Impact Assessment EMP Environment Management Plan GAD Gender Awareness Development GAP Gender Action Plan GoPNG Government of Papua New Guinea Ha Hectares HH Household HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency of Syndrome IA Implementing Agency IEE Initial Environment Examination IOL Inventory of Loss IPPF Indigenous People Planning Framework IPSA Initial Poverty and Social Assessment JICA Japanese International Cooperation Agency LLG Local Level Government LNG Liquefied Natural Gas MFF Multi Tranche Financing Facility MOA Memorandum of Agreement MTDP Medium Term Development Plan NGO Non-Government Organisation OPA Office of Provincial Administration PIU Project Implementation Unit PLO Provincial Lands Officer PNG Papua New Guinea PPTA Project Preparatory Technical Assistance PSA Poverty and Social Assessment RAMS Road Asset Management System RF Resettlement Framework ROW Right Of Way RP Resettlement Plan SD&G Social Development & Gender SES Social Economic study SPRSS Summary Poverty Reduction and Social Research SPS Safeguard Policy Statement (ADB) STI Sexually Transmitted Disease WB World Bank
5 GLOSSARY OF TERMS
Meaningful A process that (i) begins early in the PPTA and is carried out on an consultation ongoing 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, and implementation measures. Affected Persons Persons who are impacted by the project; either by relocation or (APs) displacement of Households, economic losses including; Markets, trade stores, and crops and also those who; live close to the project such as neighbouring clans, public health and education workers, people of the same electorate, province or people from other provinces who regularly use the bridge. These persons could also be physically displaced (relocation, loss of residential assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Economic Loss of Land, assets, access to assets, income sources, or means Displacement of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use, or on access to legally designated parks and protected areas. Gender Mainstreaming The process of ensuring that gender concerns and women’s needs and perspectives are explicitly considered in projects and programs, and that women participate in the decision making processes associated with development-based activities. Country Safeguard This is the legal and institutional framework of Papua New Guinea, Systems. and it consists of its national, sub national, or sectoral implementing institutions and relevant laws, regulations, rules and procedures that pertain to the policy areas of social safe guards. Significant Impact The loss of 10% or more of productive assets, (income generation),or physical displacement and or both.
6 Map 1: Project Location
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Map 2: Sub- Project Location Map
8 A: EXECUTIVE SUMMARY
1. The Bridge Replacement for Improved Rural Sector Access Project (BRIRAP) t aims to replace temporary bailey bridges and other badly deteriorating bridges on the National Highways in PNG with permanent bridges. The Project covers 27 replacement bridges on five priority National Highways and 22 reusable bridges on provincial, district and local roads connecting rural communities within the corridor of influence of these five priority national highways. The old bailey bridges will be used on Provincial and District roads to provide access to rural areas.
2. The sub project along the Hiritano highway involves the replacement of 2 steel truss bridges and one Bailey bridge. These bridges will be de-launched and located at DOW base camps at Brown River and Bereina. The Central Provincial Government and DOW will discuss and decide on where to re-deploy them within the impacted areas.
3. The replacement of these bridges will require land on which gardens, and a few houses exist and the river banks utilized for both social and economic activities such as fishing, sand mining, washing and swimming. APs will not access these activities when the State acquires 11.1212 hectares of land for the sub project. Only 79 persons will be affected Loss of assets will include only 5 residential houses, 25 detachable, market and kitchen huts and houses and 17 graves. Other economic plants and trees will also be impacted which entitles APs to receive compensation payments at replacement cost. Total costs of displacement at replacement cost will amount to Five Hundred and Seventy Seven Thousand, Three Hundred and Thirty Nine Kina and Sixty Toea (K577, 339.60).
4. The number of HHs and APs identified and recorded in the initial RP (2011) was substantially reduced from 85 HHs to 48 to 29 and APs from 469 to 278 to 79. This reduction has come about because of the misunderstanding that persons within the right of way (ROW) of the approach to the bridges will be all compensated and will leave their current location. This is not the case and was verified in an ADB trip on the 9th November 2014. In addition the listing of persons was done erroneously by having unauthorised persons filling in name list of all persons in the vicinity of the sub project area.
5. Houses have an average occupation rate of 5 persons per HH. Two of these HHs are headed by two females and in two sites 3 female APs are entitled to receive compensation for loss of garden crops. Despite the males heading majority of the HHs, females do a lot of household chores to support their household. The APs originate from 4 ethnic groups, mainly from Mekeo (Inaoae tribe), Varagadi tribe (Koiari), Goilala (Goilala District) and the three Highlands Provinces. The initial RP noted Koiari as a clan of the Goilala tribe; however, Koiari is a distinct ethnic group in the Kairuku/Hiri electorate, whereas Goilala is a different ethnic group in the Central Province.
6. For education and health services, the APs do not consider sending their children to school, despite the proximity of good schools nearby. Poor water quality and food intake provides a poor health status and many people die from dysentery related diseases before they reach the nearest hospital.
7. All APs at Brown River and Angabanga bridges relay on subsistence agriculture while those at Laloki relay heavily on cash generated from sand and stone extraction at the Laloki River and from road side sales of store goods. A good number of APs at Brown River are employed by a logging company and a Sand and Gravel Company operating in the vicinity of Brown River. The Angabanga APs rely heavily on the sale of betel nut where each individual can obtain up to K300 – K500 daily. Cash income from garden produce, coconut, sand and rock sales support their livelihoods.
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8. The acquisition of land at Brown River and Angabanga River will affect APs, mainly from Goilala and the Lopia Fa’a clan of Inaoae tribe residing within the bridge alignment and ROW. The Varagadi tribe of Koiari tribe, who are the principal customary Land owners agreed to provide land with no cost to the State and the Goilala APs in order for their Goilala friends to relocate to new areas. The Angabanga APs living within the ROW have also agreed to remove their residential houses and relocate at least 1-5 metres south west of their current location. The following table shows the criteria being applied to determine eligibility to receive an entitlement:
Table 1: Summary of Eligibility and Entitlements Criteria Matrix for APs
Type of Impact Entitled Person (s) Entitlements Permanent Legal Owner(s) Provision of similar size of land by state is Acquisition of Land including customary not possible. Landowners Will be paid compensation at replacement Informal settlers on costs for Land acquisition. land to be acquired. Temporary Use of Legal or Customary Contractor will pay rent on negotiated Land Land owners. rates between APs & Contractor. Loss of Crops and All APs irrespective of All crops and trees deemed for damage Trees Legal status. will be paid compensation at replacement costs based on market rates Loss of Commercial ALL APs regardless of APs will be provided compensation at Structures Customary or migrant replacement costs without deductions for settlers. depreciation or salvage materials and assistance in finding an alternate site. Loss of Livelihoods Vulnerable HHs Vulnerable households will receive priority identified by additional employment for project construction & social assessment. maintenance work. Unforeseen or Concerned displaced Will be determined as per the principles of unintended persons. this RP & ADB’s Safeguard policies. impacts.
9. Both male and female APs expressed full support for the construction as they want to have safe access because the bridges are deteriorating. Immediate replacement would be more of greater benefit to APs including the travellers who travel the Hiritano Highway between Port Moresby and Kerema in the Gulf Province. An initial MOA has been signed by APs giving their consent to the State to proceed with project implementation. A total of six contracts of sales between the state and APs in consideration of physical displacement have been signed to give effect to land acquisition in lieu of cash payment.
10. DOW will commence compensation payment in July 2014 based on the LIR and Valuation commissioned by DOW as per Valuation and Contracts of Sales of land between the State and Landowners. Compensation payment to all identified APs will be based on the DMS and IOL report for both land acquisition and crop damage as there are no land disputes between APs. Resettlement of APs will take place immediately after the payment by DOW. The APs expressed their willingness to relocate upon receipt of compensation payments. ADB will be constantly updated on the relocation progress.
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B: PROJECT DESCRIPTION
11. The Project aims to replace aging and single lane bailey bridges and other badly deteriorated bridges on the National Highways in Papua New Guinea (PNG) with double lane permanent bridges. The old bailey bridges will be dismantled and re-deployed to Provincial and District roads to provide access to rural areas. The Project covers replacement of 27 bridges which include: 17 bailey bridges, two steel truss bridges, three steel plate girder bridges, two log bridges and three cause ways. Twenty two (22) of these bridges will be reusable on the five priority National Highways.
12. It is anticipated that improving access for rural communities will have positive impacts on access to better social and economic services, and therefore better living standards. Importantly this project should contribute to improved flow of traffic, less traffic congestion at bridge sites, and a safer road transport service.
13. Expected overall outcome is improved and safer access to markets and social services for rural population living along the selected road corridors and expected specific outputs are: (i) Reduced bottlenecks on the National Highways, (ii). Safer journeys for both motorized and non-motorized transport users on the roads, (iii). Improved capacity of the road agencies especially Department of Works (DOW) and National Roads Authority (NRA) to manage bridge assets but also to provide greater levels of accountability and transparency; and (iv) maintenance of the bridges by beneficiary communities”
14. The project is aligned and consistent with the long and medium term national development plans, goals and strategies. One of the targets of the National Governments Strategic Development Plan 2010-2030 is that by 2030 eighty five percentages (85%) of rural communities will have access to better and safer road transportation. This project will contribute towards achieving that target. In addition, it should have positive impact on rural industries such as Mining, Petroleum, Logging, Agro-forestry, Agriculture and other downstream processing projects.
15. The Project is estimated to cost US$100 million and will be funded by an ADB loan of US$90 million comprising a US$50 million ADF loan and US$40 million OCR loan, and counterpart funding of US$10 million from the GoPNG.
16. The Hiritano component of the project will cost around US$21.1m based on detailed engineering design (DED) and current exchange rates. Table 2 provides details of the bridge length, 2011 cost estimate and the current estimated costs:
Table 2: Bridge span and estimated cost of new bridge replacement
Name of Bridge Chainage Bridge span 2011 Est. Cost 2014 Final PNG (m) (US$) Cost Est.(US$) Kina
Laloki 0.0km 80m US$ 6.4m US$ 5.3m K14.98m Brown river 22.5km 80m US$ 6.4m US$ 5.1m K14.41m Angabanga 141.1km 160m US$11.9m US$10.7m K30.24m Total 320m US$24.7m US$21.1m K59.63m
11 The total cost for the RP will be K707, 339.60 (US$ 275,508.78). This includes the additional support budget (Table 11).
17. The Existing Steel Truss Bridges (STBs) at Laloki and Brown River are badly deteriorated. These two STBs will be dismantled, transported to and stored at DOW base camp 300 metres from Brown River towards Port Moresby and 300 metres away from the existing Hiritano Highway. DOW will make a decision in consultation with Central Provincial Government (CPG) whether or not to reuse them on provincial or district roads in Central Province.
18. The Bailey bridge at Angabanga will be dismantled, transported to and stored at DOW Base camp at Berezina, 7km from Angabanga Bridge for re-use on one of the feeder road bridges in the Kairuku-Hiri Electorate which is yet to be decided by the CPG administration in consultation with DOW.
19. This resettlement plan (RP) relates to this sub-project and the three bridge sites to address resettlement impacts on communities that will be affected and displaced as a result of the construction of the three new bridges. C: SCOPE OF LAND ACQUISITION AND RESETTLEMENT
i: Projects Potential Impact
20. The 2011 RP stated that the sub project does not require physical displacement of APs; however, based on the detailed engineering design, the Detailed Measurement Survey (DMS) confirmed that the State will acquire 11.1212 hectares of land for bridge alignment and road approach which becomes the ROWs on all three bridge sites. The ROWs land currently accommodates: gardens, plants, houses and other physical structures accommodating women and children and only a few will be physically displaced. The APs will be compensated as they are within the ROW. The physically displaced people will relocate to other areas and will re-establish their gardens, houses and physical structures. No one falls into the category of losing more than 10% of their garden crops, houses, trade stores, and other physical structures. .
ii: Scope of Land Acquisition 21. Table 3 shows the extent of land to be acquired as per the Cadastral Survey Plan for Land acquisition (see Appendices VIII, IV & VI) which are located within customary land at Brown River and Angabanga, while Laloki Bridge is located within the state land under Portion numbers: 257, 256, 255, 210, 633, 634, and 137 M/I Granville and is reserved for Agriculture purpose. Two portions of the Land towards Port Moresby side are owned by two landowners, as shown in the following table:
Table 3: Scope of Land Acquisition
Bridge Estimated Crops/ Loss of Kitchen Trade Graves Market Sand No of Name Land Loss Trees Houses house Stores stalls miners APs (ha) loss With houses L 3.4982 various 2 Nil Nil Nil 9 23 B 2.8013 various 20 2 2 12 3 32
A 4.8217 various 3 1 5 1 24 Total 11.1212 25 2 3 17 4 9 79 L – Laloki River , B –Brown River A – Angabunga
12 Due to space limitations on this table, the word “Various" is used to denote many plants including vegetables, betel nut, coconut, banana trees, rain trees & other plants, refer to Appendix IX, X & XI. Some of the houses at Brown River Bridge are made of timber and cardboard hence can be easily detached iii: Effects of Assets Lost
22. Only a small number of economic and privately owned residential dwellings, gardens and properties will be foregone. APs at Laloki River will be disturbed of their daily income generation from sand mining as their access to the river banks will be restricted due to the construction and extension works of the embankment at both downstream and upstream of the river. Although this will be only during the construction period. The residents occupying the ROWs along Brown River and Angabanga bridges will be relocated approximately 2 - 5 metres away from the existing ROW. The APs are willing to relocate as long as they are compensated well in lieu of assets lost. These assets include food gardens market areas and trade stores.
23. Loss of land, vegetables, cash crops and other trees will temporarily affect APs. Although Angabanga and Brown River people have adequate supply of food for daily consumption while the Laloki households will be affected when construction work begin. Most depend heavily on income from sand hauling which are quite high relative to other income sources.
24. There are four road side markets located near the three bridge sites that enable APs to sell their local produce, mainly betel nut and vegetables to generate cash income. These are in the ROWs and will be removed during the bridge construction. APs who own these market stalls will be paid to relocate to new market sites during the course of construction as these are vital economic establishments that sustain livelihoods. iv: Common Resources
25. The river banks at Laloki are extensively used for sand extraction using manual tools such as spades and shovel to fill out bags to supply to the National Capital District city residents. While sand is regarded as a common resource, other common resources within that site are not easily recognizable. In the Brown River and Angabanga bridge sites, fish is a common resource but no fishing occurred during the day of the information gathering.
D. SOCIO-ECONOMIC INFORMATION AND PROFILE i: Demographic features of sub project area 26. Users of the Hiritano Highway are mainly the indigenous people of the Kairuku-Hiri and Goilala Districts of the Central and the Gulf Provinces. The 2011 national census estimates that the Gulf Province has a population of 158, 197. The Hiri-Kairuku District and Goilala Districts have a population of 121, 580 and 36,092 respectively. The 79 APs of the sub-project sites are the regular pedestrian users of the bridges. Other users of the road and bridge will be most of the population from the villages East of Kerema and the villagers in the Kairuku-Hiri districts as they transport passengers and goods. The Goilala ethnic groups are also regular users of the road.
27. It has been identified that a total of approximately 30 households housing 79 persons with an average household size of 5.8 heads will be affected. The number of persons per household ranges from a high of 5-7 at the Angabanga bridge site to 4 at the Laloki bridge site. It is however not an uncommon practice for households of 14 -16 persons in the Central Province. The Hiritano Highway area has the following demographic composition:
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° 20 years and under - 58.7 % ° 21 – 40 years - 33.0 % ° > above 40 years - 8.3 %
28. This population structure indicates more than half the population are young people. It was noted from recent statistics that female population along the Hiritano Highway are lower than the male population. This demographic composition is said to be attributed to marriages at very young age. The general practice among the communities in the Central province is that girls get married as early as 17 years. It also became evident that most girls marry before they complete Grade 10 & 12.
29. Education level in the sub project area is poor compared to other areas despite an enrolment rate of 61.71%. Completion rates are poor as well with 45.65% completing Grade 6; 15.2% completing Grade 10, 6.5% completing Grade 12, and only 2.3% completing a University degree. Attaining a higher level of education is not the desire of households at the bridge sites hence the low rates of university graduates. Other factors such as costs could be limiting factors in going to school. Another hindering factor is the social norm of the clans where all should be equal and subservient to the elders.
30. Most households’ heads of persons to be displaced are men except in three households, where two (2) at Laloki and one (1) at Angabanga are widows. Six female APs, three at the Laloki bridge site and three at the Angabanga bridge site, will have their gardens impacted. They are entitled to receiving replacement costs as compensation payments. Female population were noted to be hard working than the men. All females from children to adults are diligent workers to provide food on the table for the whole family. This is one of the factors that attributes to poor education on the female population in the sub-project area.
31. The HH membership is usually comprised of extended members from both paternal and maternal kinship. Distant relatives visit them from time to time but do not reside permanently, although at Laloki it was noted that among the Highland settlers, there are some distant relatives living with HHs for over two years. There is one Highlander who married the sister of the village chief and was given permission to settle near the bridge at Brown River in a permanent house.
32. The occupants of the sub-project bridge sites are from three distinct ethnic groups in Central province; namely: Goilala from Goilala District, Koiari from Hiri, and Lopia Fa’a from Mekeo. Other migrants are from 3 Highlands provinces. Laloki bridge site is vacant state land being occupied by settlers, mainly from the Koiari, Goilala and the Highlands Provinces. Majority of the APs at Brown River are from Goilala who have settled right at the Northern end of the bridge and also within the 20 metre right-off way. There is a mixture of ethnic groups occupying the Angabanga Bridge, mainly migrants from Yule Island and the original Lopia Fa’a clan of the Inaoae Tribe in the Mekeo Region. ii: Impacts of Land & Assets Acquisition on affected peoples
33. Income: APs at the three bridge sites generate cash income from a variety of sources, primarily from: sale of garden foods, betel nuts, sand mining, trade stores, PMVs, remittance from relatives who work in formal jobs in urban centres, and royalties which is further elaborated below:
° The Laloki settlers depend mainly on hauling sand, builders mix, and rocks using manual tools such as spades, shovels, wheel barrows and empty rice bags. Each person earns at least K500 a day during good weather and supply to the ever
14 increasing building construction market in the National Capital District. There is a growing market as a result of the demand from construction firms which is sufficient to sustain their livelihoods. The negative impact is that APs will not be able to generate similar levels of income during construction period because the access road to sand and gravel digging sites will be blocked off by 55 metres downstream and 48 metres upstream embankments. Income from vegetable sales is minimal compared to sand mining and moreover the road side market will need to be relocated. It should be noted that two HHs towards Port Moresby side will also need to be relocated because they are on the ROW boundary.
° The APs at Brown River generate revenue through a number of business and subsistence activities. The Goilala settlers depend mainly on vegetables sales and scone baking activities on the road side, while actual traditional owners (Koiari’s) primary source of revenue is from: a) vegetable sales at the road side markets and at Gordon’s Market in the National Capital District, b) from a logging operations by a company called Unicom Timbers, and; c) from a Quarry operations by company called ‘Central Sand and Gravel’. The Sand and Gravel Company pay them monthly royalties of K5, 000 depending on their cash turnover. The 6 Directors of the Company earn up to K2, 000.00 a fortnight. These earnings will not be affected by the bridge construction. Revenue from Land acquisition and crop payments including contract work on site will be an added bonus and have a positive impact in their level of cash income.
° The APs at Angabanga Bridge rely on betel nut sales as their main source of income and are currently severely affected by the recent betel nut ban in Port Moresby, although this ban is now lifted and there is an arrangement in place where betel nuts will be sold to a company who will resell in the city. Prior to the ban the individual APs earned on average K450 per day. Other sources of income are from sales of coconut, vegetables, banana and remittance (cash handouts) from friends and relatives working in Port Moresby and other parts of PNG. These sources of income will be affected.
34. Annual income per head ranges from K3, 368.62 at Laloki to K2, 974. 00 at Angabanga to K1, 805.31 at Brown River. These annual income levels per year are relatively higher compared to other villages throughout PNG. The sub-project will also inject a substantially higher amount of income through wages, purchase of goods at local markets, temporary land rentals and sub contracts. At this stage no detailed analysis of the variation of income of each AP was done.
35. Land Ownership: Landownership rights in the sub project are usually transferred from generation to generation through the patrilineal lineage system. Through time and age, that ownership is transferred through the customary process. Settlers in the sub project area are there at the invitation of the landowners and have some rights to gardening in their allocated land. .For land owned by the Government , the legal process is termed Crown Land or State Land, while the customary transfer is by mutual understanding, and it can be for “permanent use” or for “user rights” as described below: ° Laloki bridge site is owned by the State. The Southern part of Laloki bridge site towards Port Moresby was alienated by the State during the colonial period and it was apportioned into portions. The Northern side of the bridge towards Brown River was purchased from the customary owners in 1991. The Six HHs settled in each of the State Portions of land are considered caretakers, without having proper legal land titles, therefore the State will not enter into purchase agreements because the State cannot buy its own land. Only two are considered legal owners as they have leases over two portions towards Port Moresby.
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° Brown River bridge site is owned and occupied by Vagaradi O’oro number 1 & 2 clans of Koiari Tribe. Part of their land is occupied by settlers from the Goilala region and they have been given “user rights” to settle right next to the road at the Northern part of the bridge. Goilalas are not eligible to receive part or whole of the Land purchase monies.
° Angabanga Bridge is owned exclusively by Lopia Fa’a clan members of the Inaoae Tribe. The Yule Island migrants (Iso Clan members) initially disputed the traditional owners on the ownership of Angabanga bridge site in 2013, where they went to the extent of securing a “temporary restraining order” dated 28 August, 2013. This dispute was quashed by the Bereina District Lands Court in recognition of Lopia Fa’a clan as legitimate land owners. The Iso clan has “user rights”. The list of APs on each bridge site is listed in Appendix XV.
36. Livestock: APs at Angabanga and Brown River own between 2 to 4 pigs. Other than pigs, there have been no visible signs of cattle grazing, goats or sheep farming. There was however stories of one household venturing into chicken broilers at Angabanga which was not sustainable and therefore ceased.
37. Common Resources: Laloki bridge settlers consider sand and gravel produced by the Laloki River as common resources, while the Brown River and Angabanga people consider fish as their common resource. The rain trees (casurina spp) and fish in the Brown River area are also considered as common resource. In the areas around Angabanga Bridge betel nut trees is plentiful apart from coconut trees although ownership remains with individuals. Fishing is a common activity but considered risky given allegations of river pollutions by mining waste presumably caused by Tolukuma Gold Mines and the continuous flooding of the Angabanga Bridge.
38. Estimated total expenditure: The annual income described in paragraph 33 and 34 has not translated into improving living standards but are said to be spent on less important goods. From the interviews it was noted that about 70% of total annual income is spent on processed goods, 10% on alcohol, 10% on school fees and clothes and 10% on cultural and religious commitments. As a result of their cultural beliefs, the concepts of saving or using such revenue to venture into businesses or building permanent houses are not considered. Their existence is to make money now and spent on consumables all at once without saving for future use. This practice is exacerbated by their customary belief that any endeavour to construct a permanent house or buying a PMV truck is not a good practice as you have to remain below the paramount Chief. He is the only one that can say whether you can have that type of affluence.
39. Occupational Structure: Most AP households are engaged in subsistence agriculture, primarily from their garden to provide for their daily food consumption. Commercial agriculture, especially rubber, coconut and cocoa are not evident in the affected villages. Small-scale subsistence farming in banana, coconut, and vegetables are mainly for HH consumption with surplus production sold at road side markets for cash. Betel nut farming appears to be a major farming activity in the Angabanga area. APs at Laloki are predominantly engaged in sand mining while some members of the same HH are involved in other income generating activities like selling betel nuts. These income earning opportunities are considered more profitable than working as a fulltime construction worker. There are however about 16.5% of the total population (both male & female) from Brown River and Angabanga sub project sites have fulltime occupations either in the private or public sector in urban centres throughout PNG. APs are quite excited and believe this sub project will provide windows of opportunity for paid jobs and increased demand for market produce. The logging operation at Brown River and the Central Sand Supplier that operates the Quarry provide
16 casual employment opportunities for local youths. It was noted that none of the APs are involved in artisan or handicraft production, arguing demand only exists for handicrafts produced in the Highlands, Sepik regions or Milne Bay Province.
40. Operating trade stores and PMVs are business ventures pursued by some APs. Two APs, one from Brown River and another from Angabanga own and operate Public Motor Vehicles (PMVs) which serve the Bereina to Port Moresby route. The PMVs provide regular income for the drivers and crew members and of course the owners of the PMVs. One AP had a stock of goods in a trade store recently but lost all the goods to rodents and he has since discontinued this business.
41. Access to Public Services: Health care amenities, though not up to standard, are within their reach. Angabanga APs have access to two Health Centres, one at Bereina and the other at Veifa. Both are run by the Catholic Church at Bereina. The Brown River APs have access to the Kuriva, Laloki and Port Moresby Health facilities. Laloki APs are regarded as city dwellers and in effect access services provided in the city. Rural Health Centres provide services for immunization, awareness on communicable diseases and HIV/AIDs. These rural health centres also provide treatments for malaria, cough, water borne diseases such as diarrhoea and dysentery and associated skin diseases. Cases of typhoid, TB and other chronic diseases are referred to Port Moresby General Hospital because of the limited services.
42. Water borne diseases and deaths are prevalent at the Angabanga and Brown River bridge sites as people do not boil drinking water. Water extracted from the rivers is generally not boiled. APs reported that the highest rate of death is caused by water-borne deceases such as diarrhoea and dysentery due to drinking dirty water, followed by malaria, typhoid and TB. Laloki APs obtain water from the city’s reticulated water system and therefore do not have water problems.
43. Educational facilities from elementary to lower secondary level are within walking distance from the villages. Laloki APs access city schools while Brown River children attend St. Margaret Catholic Primary School and children at Angabanga attend Bereina Primary School and St. Michaels’ Elementary in the village. Grade 9 students are sent to Secondary Schools in the Central Province including Bereina Secondary School. While educational facilities are within proximity of AP households, children at the Angabanga bridge sites and surrounding villages do not attend classes as the children are required to farm and climb betel nut trees to harvest nuts for sale. This was particularly evident especially among the Inaoae Tribe.
44. Access to micro-finance is only available in Port Moresby making it relatively difficult for APs to access let alone the stringent collateral requirements of the banks1. Agricultural extension services has not been provided for years although a community development officer in Bereina said that funding constraints such extension services. iii. Projects Impacts on poor, Different Ethnic groups, and other vulnerable groups
45. Poverty is a relativity term that is linked often in monetary terms and may not apply in a rural setting. Given the strong culture of extended families caring for each other, it is difficult to define and label one as being poor at present. What is possible however in the medium term is to use present data and living standards of the APs as the base point to measure increments of attainment such as annual incomes, increased value of assets and improved
1 Banks do not accept land at villages as collaterals for micro-financing
17 health and education conditions of the Aps at the pre-commencement and post completion stages of the sub project. And maybe then poverty will be more obvious than at present time.
46. There are a few migrants from other ethnic groups living with the APs and they will benefit from the positive impacts of the bridge program. For example; at Laloki the settlers (Goilala) and Highlands APs will be paid compensation for crop displacement and payment for denying their right to access the river to haul sand. In the Brown River another group of Goilala APs will be displaced from their houses as they are located right on the ROW. They are eligible to benefit in terms of receiving replacement costs to relocate. The Paramount Chief of Lopia Fa’a clan will decide whether or not to distribute parts of the land compensation payments with the migrants from Yule Island. He has ultimate and supreme authority to decide on such matters. This rule of hierarchy is accepted and respected by all APs in the area.
47. Similar to the poor persons, the vulnerable groups could not be easily identified. It is normal for the APs to cater for persons with disabilities, the elderly, the widows, and the sick. Again the extended family diminishes traits of vulnerability. When asked about vulnerability and desegregation of persons living with HIV/AIDs, the informants were reluctant to expose any such stories except in expressing that persons living with HIV/AIDS reside in Port Moresby, not in the villages impacted by the sub project. However, women APs can be classified as vulnerable groups who may be subjected to abuse by contract workers when construction commences but presently they are well protected. The sub project may need to offer incentives for women in job opportunities.
48. iv. Gender& Resettlement Impacts; Woman APs when asked about the management and handling of large amount of cash during the payment of compensation for land and crops forfeited, for the construction of the bridges, openly expressed their views that management and distribution of income from any source are responsibilities of men. They expressed that although they would like their voices heard in the decisions to be made, they would remain silent as respecting their tradition and to avoid family conflicts.
49. Being paternalistic societies, decisions relating to family and village welfare are determined by men and passed on to women and children. It is the view of male APs that employment of casual workers be restricted to men however, it should not prevent the contractor from employing women. Women are equally capable of doing any job whether it be lifting metals, timbers, stone piling, digging using spades, cooking, washing or security guards, or any other job because the SIS survey noted that women in all of Central Province work harder than their male counterparts. Men are generally perceived as boastful and lazy. Women APs pointed out that if men folks work hard on their land, all arable land would be cultivated.
50. The possibilities and incidents of family violence, marital problems, promiscuity and alcohol related problems are inevitable and cannot be ruled out, as these have been observed in many other similar projects in PNG. Continuous awareness on the effects and impacts of these incidences including HIV/AIDs will contribute to mitigating these social and health problems. Whilst it may be difficult to control these social disorders, preventative and precautionary measures will be taken to cater for and attend to these social misconducts. Where incidents relates to a contract worker and a member or members of the local community, the Community Liaison officer (CRO) will facilitate meetings to ensure amicable resolutions are reached and there is minimum disruption to construction work.
18 E: INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
i. Project Stakeholders 51. Primary sub project stakeholders are the landowners who own and occupy the three bridge sites. The nearby clans of the same tribe(s) are not regarded as party to this group although they are members of the broader community where they share common beliefs and values and partake in social events such as cultural shows, church gatherings, and land matters.
Secondary stakeholders are neighbouring clans, commuters from Goilala, Koiari, Kairuku/Hiri and the Gulf Province, respective local and provincial Governments. The bridges after construction will have many secondary stakeholders, especially PMV owners, business houses and commuters. With assistance from the World Bank, sections of the highway have been upgraded and sealed but the bridges have remained unchanged.
Table 4: List of ethnic stakeholders at bridge sites Bridge Village Clan Tribe Ethnicity Property owned Laloki Laloki Goilala Goilala Crops No specific clans as SHP Highlands Crops they are migrants. WHP Highlands Crops/House Simbu Highlands Crops/House Varagadi Koiari Crops Brown River Iomare VaragadiO’oro # 2 Varagadi Koiari Land Motumotu VaragadiO’oro # 1 Varagadi Koiari Land/houses Motumotu Goilala Goilala Goilala Houses Angabanga Inaoae Lopia Fa’a Inaoae Mekeo Land/Houses/crops Iso Clan
ii. Consultation & Participation Mechanisms
52. Meetings with individuals and group consultations were the main mechanisms used for consultation. Several meetings were convened with the APs at various locations to discuss the likely impacts of land acquisition and forfeiture of personal and community assets such as gardens where food crops, betel nut and coconut trees and cultural establishments are located. Consultations commenced intermittently from July, 2013 – April 27, 2014. A meeting was also held with the Kairuku Hiri District Administrator at the DOW office to discuss management of issues.
53. Additional meetings were held with the Bereina district administration officers at Bereina district office. The Central Provincial Government lands officer and surveyor were invited to meetings at DOW office and engaged to assist in mapping out each bridge site and to do Land Investigation Reports (LIR). The District management expressed their support to assist the contractor to ensure there is no lost time during implementation.
iii. Activities to disseminate Project and Resettlement Information
Disclosure of information of the sub project, the construction of the bridges and its implications including loss of land and assets commenced in March 2013. All stakeholders were aware of the replacement of bridges and the need to forego land and gardens (assets). Information was disseminated during the PPTA and during the DMS and SIS consultations, APs were fully informed of the sub project and its implications. Details of these meeting dates and times are listed in Table 5:
19 Table 5: Key dissemination and resettlement information activities Dates Bridges Notes Participants 17/11/13 Laloki River. SIS Meetings on site. DOW & APs. 18/11/13 Brown River Discussed the need to do Land DOW and RP Investigation Report using the Consultants. standard Format and processes. 12/11/13 Meeting with Meeting to discuss Cadastral Plan, Central Prov. Lands and Central LIR, and Valuation of properties & DOW. Provincial LO SIS. 19/11/13 Angabanga Discussed SIS and Land ownership. APs, DOW & Bereina Bridge 2hr at Com/Dev’t. Officer. Angabanga settlement 21/11/13 DOW Office Discussed SIS and equal distribution Peter Oae & DOW. Re. of Land compensation among clan Angabanga members & APs. 22/03/14 Laloki 9-11am. Meeting with APs Meetings on site Brown River 12-1pm: Meeting with APs Angabanga 3-4pm: Meeting with APs 26/04/14 Laloki 8-10am Meeting with APs All meetings on site Brown River 11-1pm: Meetings on site Angabanga 3-5pm: Meetings on site Effective consultations started in July 2013 and was concluded on the 21 April, 2014. All bridge sites were visited seven times each to conduct Cadastral Mapping, LIR and quantity surveying. Every AP was informed about the need to acquire land and pay compensation for all assets at replacement cost. This has prompted APs to consistently ask DOW up to the payment date which was concluded in the second week of November 2014. iv. Results of Consultations with affected people
54. The primary stakeholders acknowledged the State’s right to build roads and bridges for the good and interest of the public. There was overwhelming support with little objection to the loss of assets and resettlement. Following are some of the remarks from the APs at some of the meetings.
° That all land compensation payments be made to clan leaders. The leaders will then discuss with respective beneficiaries and decide whether to distribute evenly, equitably or invest in small and sustainable businesses. ° That all crop payments be made direct to owners of gardens.
° That DOW should handle all cash payments instead of Central Provincial Lands or Provincial Works due to: mismanagement, demand for commissions, travelling allowances, or delaying payments. Any deposits into the District office for disbursement to APs will be a complete disaster. All third parties should be eliminated to ensure transparency in cash distribution.
° Well qualified welders, stone wall builders, carpenters, plumbers, drivers, cooks, cleaners and all other trades are available in each village. They asked DOW to direct all contractors to consider employing local labour (both male and females) instead of recruiting from other places.
° Access to clean water supply was a major concern raised by all the APs. The provincial and national governments have not provided any assistance over the years and with the population increase in the area, there has been increased
20 demand for clean and safe drinking water. APs were advised that the DOW in collaboration with the LLG would facilitate the possibility of the contactor providing assistance in this regard.
° Women expressed their desire to participate in the bridge construction as workers along-side their male counter parts. They were advised that the contractors will be obligated to ensure that special considerations be given to women APs for employment opportunities.
° APs have been managing the issue on HIV/AIDS at the village level and they said it’s not a major issue of concern, however, the State expects the Contractor to have a contingency plan to carry-out awareness campaigns through community meetings, delivery of pamphlets, posters and erect bill boards and issue condoms on site.
° Kairuku-Hiri District Administration was pleased with the briefing and pledged their support during construction phase. The District Management also expressed their desire to decide on the use of old bridges because they know the priority areas under their district infrastructure plan. DOW and District Management need to discuss this matter further to reach an understanding.
v: Disclosure of the Resettlement plan
55. Initial information about the sub project, its negative and positive impacts including displacement and resettlement were verbally relayed to the District Administration. They were also engaged in the detailed Measurement Survey (DMS) which enabled them to know the exact parcel of land that would be acquired, and subsequently the loss of gardens and crops and trees of economic value. 56. At this stage, no draft RP was available to be made available to the District Administration. It is hoped that full RPs will be made available to them even though the impacts and how they are settled are components of the RP.
57. Relevant information contained in this report has been disclosed to key persons at each site, especially where it relates to land acquisition, crop and vegetation damage, payment schedules, and beneficiaries; and strategies involved in providing equal job opportunities for all gender groups.
58. The Community Liaison officer (CLO) will advise APs of additional land acquisitions for the contractor’s site camp office, accommodation and water source. In consultation with the DOW, the CLO will from time to time inform APs through brochures and leaflets of progress of the sub project.
59. Communication with APs was less of an issue as nearly all APs speak and understand English and pidgin. For the Motu speakers, translators were present to interpret to the Motu speakers. The official languages for this particular component of the project should be English and Pidgin.
vi: Planned information disclosure measures during project implementation
60. Maintaining regular flow of information on progress status of the project and issues on a regular basis will mitigate disruptions and enable smooth progress. Mechanisms that will be employed will include newsletters, leaflets, radio announcements, and periodic consultations
21 with APs. DOW will endeavour to disclose all necessary information to all stakeholders through progress reports.
F. GRIEVANCES REDRESS MECHANISM
61. With regards to land disputes, the Central Province DOW will establish a grievance redress mechanism to receive and address project related concerns and to resolve land related concerns that may arise during project implementation. APs will be informed by DOW on how they can access the grievance redress mechanism. Other than disputes relating to landownership rights, which are legally contestable in a court of law as per the Land Disputes Settlement Act 2000, it is anticipated that most grievances will be resolved through the traditional mediation process.
62. The Project in collaboration with the Central Province Lands Officer, who may be assisted by the District Lands Officers, will institute a process to resolve disputes and grievances based on the accepted procedures of mediation. As required, the participation of the appointed and traditional leaders will be facilitated to achieve a satisfactory resolution of issues at the local level.
63. In general it is anticipated that customary mediation will yield satisfactory results although in accordance with the Gender Plan prepared for this project, every attempt will be made to ensure that women APs, irrespective of traditional constraints, will be included and not excluded from the mediation processes outlined here. However, it is noted that this process varies from clan to clan including those APs at the three bridge sites included in this RP.
64. APs can also lodge a complaint with the PIU in Port Moresby. Although the APs on each bridge site are closer to Port Moresby, they are at liberty to lodge such complaints with the Project Safeguards Staff and Project Supervision Consultants who will also assist in registering their complaints with the PIU. This will include assisting aggrieved APs to prepare their specific grievances and the PIU Project Manager will consider the complaint and within 15 working days convey a decision to the APs. The Safeguards Staff as well as Local Government Officials will assist at the Project Manager in reviewing and addressing the complaint. The Safeguards Team will also facilitate communication between the APs and PIU in this process. If the APs are not satisfied with the decision or at any time, they may then take the grievance to the PNG Judicial system.
65. If the grievance is to be taken to the PNG judicial system as per the Land Disputes Settlement Act 2000, the following three steps in the dispute resolution are part of this process:
(a) Local Lands Court (LLC): The case is heard before the Local Court Magistrate for determination. If the litigants are not successful, they may appeal to a higher court.
(b) District Lands Court (DLC): The case is heard before a District Land Court Magistrate. If the litigants are not successful, they may appear to a higher court.
(c) Provincial Lands Court (PLC): The case is presided by a Provincial Land Court whose decision is final.
66. It needs to be noted that if recourse to the PNG judicial system is necessary because of the failure of other means of grievance redress and the courts at any stage find in favour of
22 the litigants all costs associated with this form of dispute resolution will need to be paid by the Project. Therefore this process should only always be used as a very last resort.
67. In the event that grievances that cannot be resolved through legal redress, the DOW and DLO will hold the compensation amounts in escrow. Compensation will be paid in full upon final resolution of the case through other means of mediation for an agreed upon amount by the aggrieved parties (APs) in accordance with the entitlements of the affected persons.
68. Grievances with regards to wages, employment opportunities, sub-contracts, and social issues caused by construction workers will be dealt with at the sub-project level. Any issue of criminal nature will be referred to Police. The Contractor will deal with such grievances on site because they have an obligation to address community issues. Usually, APs would want to refer grievances through DOW if they are not satisfied with response from the Contractor. Should such occur, DOW will intervene to mediate and resolve such disputes. Based on the nature and severity of the case, DOW has the power to direct the contractor to resolve disputes to ensure construction is completed unhindered.
G.LEGAL FRAMEWORK
i: National & Local Laws & ADB Policy requirements
69. The policy framework and resettlement entitlements are based on the laws and regulations of the GoPNG and ADB’s Safeguard policy. Appropriate PNG Laws include: (a) the 1996 Lands Act, and (b) the 2000 Land Dispute Settlement Act. The Resettlement Framework for the project provides description of the relevant laws. Relevant ADB policies include the 2009 Safeguard Policy Statement and the 1998 Gender and Development Policy”.
70. The GoPNG does not have any specific resettlement policies at the National, Provincial or local level for relocating and resettling people which would apply to the APs being relocated. PNG however does have laws relating to acquisition of land and assets by the state for public purposes (eminent domain), and related legal procedures, compensation payable, and the legally defined procedures for receiving and facilitating the resolution of affected persons’ concerns and grievances are all incorporated in the Land Act of 1996.
71. Apart from Laloki Bridge site being owned by the State, Angabanga and Brown River land and properties are on customary land tenure for which this Land Act has processes that address the issue of customary land to be used for development purposes. The Act covers customary land rights, which includes land owned, used or occupied by a person or community in accordance with current customary usage. Access to land and resources in embedded in social relationships and expressed as customary land rights to utilise resources. Small clan based groups live in the villages, managing their own resources, and exercising their rights to utilise them. These groups (clans which are composed of sub-clans, lineage groups, and at the lowest level extended households) are typically made of “primary right holders” – the leaders of the group – who collectively have the authority to allocate user rights through their spokesperson. The rest of the lineage typically possesses “secondary right”. Such rights maybe inherited or gained through marriage to a primary rights holder and are strongly influenced by forms of matrilineal descent.
72. ADB 2009 SPS includes the following policy principles of relevance to a project of this nature that does not involve the physical displacement of affected persons but rather the need to relocate some physical structures, and secure suitable replacement land for
23 gardening based activities, which inter alia will also apply to the sub-project along the Hiritano Highway:
i. Screen the sub project early on to identify past, present and future involuntary resettlement impacts and risks. ii. Carry out meaningful consultations with affected persons, host communities, and concerned non-governmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of the vulnerable groups, especially those below the poverty line, landless, elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. iii. Improve or at least restore, the livelihoods of all displaced persons through (a) land based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and, (d) additional revenues and services through benefit sharing schemes where possible. iv. Provide physically displaced persons with needed assistance, including the following (relevant to the sub projects in the Hiritano Highway): (a) secure land use tenure on land identified for new garden sites and (b) if necessary transitional support and development assistance such as land development, credit facilities, training or employment opportunities. v. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide access to land and other resources that is both legal and affordable. vi. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlement will maintain the same or better income and livelihood status. vii. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation of loss of non-land assets. viii. Prepare a draft resettlement plan and disclose a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time bound implementation schedule. ix. Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation. x. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and results of resettlement monitoring and disclose these monitoring results.
73. The ADB 2009 SPS also states that where there are indigenous peoples their identity, dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded so they can receive culturally appropriate social and economic benefits. However, not all people living along the Hiritano highway are indigenous to the region having originated in other regions of PNG and while indigenous peoples’ development issues might not seem relevant in the PNG context of this contract package involving the Hiritano Highway corridor. However,
24 as the SES to date demonstrates it is the rights of APs indigenous to the villages of this corridor whose right to access to land needs to be safeguarded.
74. The other policy of relevance to this project is the ADBs 2003 Policy on Gender and Development, which requires that all ADB financed projects ensure where possible and practicable special design features and strategies will be built into projects to facilitate and encourage women’s involvement and ensure tangible benefits for women.
75. There are some gaps between GoPNG policies and procedures and those of the ADB. The main gaps relate to: (i) carryout meaningful consultations that also ensure people living below poverty line, landless, elderly, women and children are consulted; (ii) requirement to improve or at least restore livelihoods of all displaced persons by ensuring all displacement costs of assets lost is paid; (iii) provision of economically displaced persons with necessary assistance to improve upon or restore their existing livelihoods at least to national minimum standards of living; (iv) ensuring that displaced persons without recognizable rights to land are eligible for compensation for loss of non-land assets; and, (v) monitoring and assessment of resettlement outcomes.
Table 6: Comparison of PNG Laws & ADB Policy & Gap Filling Measures
Source: RP 2011 PNG Laws ADB SPS Gap Filling Measures Requirement There are no There is a The includes measures of consultation and provisions for requirement that participation including with vulnerable APs. RPs ensuring not only must not only will be uploaded on the ADB website, but meaningful consultations take their edited and translated versions will be consultations that place but evidence available at the Provincial, district and local level, include the people is provided that and local clan leaders whose members are living below the poorer and affected will also receive a copy of the RP. Also poverty line, the vulnerable people where relevant civil society groups that agree to landless, elderly, are informed of participate in the monitoring and evaluation of the women and other their entitlements RP will receive full copy of the RP. vulnerable and resettlement facilitated. options. There are no It is needed to The RP includes measures of improvement in provisions to improve but at living standards or at least to restore to pre-sub improve or at least least restore project levels. restore the livelihoods of all livelihoods of all APs by a range of APs. strategies targeted at APs. There are very Requirement by Valuer General has been requested to provide an limited provisions ADB that APs are updated schedule for garden crops, food trees and to provide compensated for timber trees. Valuer General has provided an assistance or loss of non-land updated 2013 Price Schedule. Compensation will compensation to assets at full be provided at replacement cost. All APs affected APs who lose replacement costs. by loss of assets including those without title will assets, particularly be compensation. those without title.
There is no The ADB requires The M & E indicators prepared for this requirement for that that these resettlement plan will enable outcomes to be the monitoring and outcomes be monitored including their impacts on living assessment of monitored and standards of APs and whether the objectives of
25 resettlement assessed. the resettlement plan have been achieved by outcomes. taking into account baseline socio-economic conditions. The monitoring reports will also be disclosed including to APs.
ii. Resettlement Policy Principles for the Project
76. DOW as the EA has prepared this RP and hereby unequivocally states that it will abide by national and local laws applicable to resettlement and the policy requirements of the ADB. Specifically DOW states that it will ensure affected landowners are paid fair compensation for land and other productive assets acquired at agreed upon replacement cost; and be responsive to grievance processes; and act in an accountable and transparent manner; and will ensure that women will also be entitled to benefit during the resettlement processes. The principles on land acquisition, compensation and resettlement that DOW will commit itself to in the Central Province include:
77. Land acquisition and resettlement has been minimized through careful detailed engineering design but in accordance with GoPNG policy where, a 40 meter ROW is required. In the case of Hiritano Highway a total of 15 HHs, 3 trade stores (2 with houses), 4 markets, 17 graves, including crops and trees will be displaced. The displacement is considered necessary as the APs reside or have gardens right on the middle of the ROWs because safety of the APs could not be compromised by adopting some form of engineering design to avoid resettlement.
78. APs were consulted during the inception stage of the sub project through to the completion of RP and will continue to be consulted during project implementation stage. This RP was updated with full participation of the APs. Effective mechanisms will be established for hearing and resolving grievances.
79. APs will receive compensation at replacement cost for their loss of productive assets and this should ensure they will be as well off if not better off than if the sub project did not proceed. All compensation will be fully paid to APs prior to the commencement of site clearance at each of the three bridge sites.
80. Benefits for Land acquisition are expected to be paid to the clans through the clan leaders. The village leaders from Brown River and Angabanga bridges confirmed their desire of having land acquisition monies paid directly to them so that they would be responsible for distribution. The Paramount Chiefs as well as members of the clans expressed their views with no uncertain terms that they want DOW to pay APs directly instead of the common practice of making payment through Central Provincial Administration (CPA) as they have experienced some bad practices by CPA officers. A case for example was a K65, 000.00 payment earmarked for river training expenses was distributed to unknown recipients. They do not wish for the same practice to be repeated.
81. Compensation payments to individuals with garden plots and cash crops will be paid directly to owners as provided in the lists (Appendix VI, VII &VIII). A separate MOA will be signed to formalize the consent by the APs to forego improvements and relocate as agreed and to undertake not to make further demand from the state for compensation payments in the future. These compensation payments are considered as benefits in lieu of foregoing their assets to pave way for the construction of the three bridges.
26 82. APs will receive compensation for Land purchase as per the Contract of Sales executed between the State and Landowners (see Appendices XII, XIII, & XIV) and Improvements (crops, planted and natural trees, physical structures, i.e., houses, trade stores, markets, graves, and kitchen houses) (see Appendices VI,VII & VIII). 83.
84. Absence of formal title is not a barrier to compensation and assistance and particular attention will be paid to women and other vulnerable people.
85. Land acquisition and the relocation of market structures will be conceived as part of the sub project and costs related to these forms of involuntary resettlement will be included in and financed out of the Project cost as part of the GoPNG contribution to the Project.
86. The impacts of these three sub-project bridges, including unforeseen losses and damages that may occur during either bridge construction or realignment of the approaches to these three bridges will be carefully monitored and remedial steps taken as required.
iii: Principles and Methodologies for Determining Valuations and Compensation Rates
87. APs co-operated with DOW in identifying land boundaries, land for acquisition and physically quantified their productive assets list for forfeiture and its estimated cost. A fair market value was determined by DOW using the APs estimates, and the 2013 Valuer Generals price Schedule, the general market and price trend in property development along the sub project road corridor, as well as the following information:
i. Information about recent land transactions; ii. Land value by types; iii. Cropping patterns and crop production; and, iv. Availability of land in the sub-project areas.
88. It was anticipated that there would be some disputes but recent consultations and assessment indicated that disputes were very minor and have been resolved. DOW is obliged by law to accept the Valuer-General’s assessment and this has already been conveyed to affected landowners and land-users at each of the three bridge sites. iv. Description of Land Acquisition Process
89. Based on the 1996 Land Act the DOW has applied the following procedures when acquiring at least a 40 meter right-of-way at the three bridge sites:
90. DOW in consultation with Central Provincial Administration engaged surveyors and Lands Specialists to determine boundaries, location, size and area of the land to be acquired in accordance with the detailed design of each of these three bridge sites. Surveyor-General’s office was requested to vet, approve and register the surveys, which have already been approved, signed and registered.
91. DOW had requested the Department of Lands and Physical Planning (DLPP) and Office of Provincial Administration (OPA) in the Central Province to do the investigation for land acquisition.
92. The Central Province Lands Officer was asked to conduct the land investigation and prepare a Land Investigation Report (LIR) including ownership, genealogy, rights and
27 interests held in the land, and, estimated value of improvements to land in consultation with the landowners and Kairuku/Hiri District Lands Officer and other relevant government offices.
93. The Survey Plan and LIR were then submitted to the OPA in Central Province for his recommendation for the surveyed land to be purchased. The OPA will prepare a certificate of alienability confirming that there is no impediment to land acquisition.
94. The LIR was sent to the DOLPP for approval of the land and improvements that includes physical structures, garden crops, food trees, and other trees. The Valuer-General vetted the valuation based on the 2013 Valuer Generals Price Schedule.
95. DOW will receive the valuation report and certificate of alienability, raises cheques and prepares purchase documents. DOW will use the signed documents and cheques for execution and payment to landowners, because APs have insisted that DOW must handle the payments to avoid fraudulent activities.
96. The DOW, in consultation with Central Province Land Office will make the offer to the landowners. The forms are executed and money is handed over in accordance with the requirements of the landowners. If rejected, it then goes to the Minister of Lands for a negotiated settlement.
97. The DOW acknowledges that where land has been acquired for roads in areas such as the Highlands region there have been many problems that have delayed sub project implementation but on the Hiritano Highway it does not envisage problems of such magnitude.
H. Entitlements, Assistance and Benefits
i: Displaced Person’s Entitlements and Eligibility
98. Detailed identification of APs, assessment and valuation of affected assets and negotiations for land acquisition at the three bridge sites has been completed. Completion was successful following consistent and effective dialogue between DOW and APs since 2013 through participatory meetings. The Cadastral survey and LIR was done in coordination with the District Land Officers (DLOs) to collect relevant information. The date of signing of the land investigation report by the DLOs will be the “cut-off” date for eligibility for compensation and any rehabilitation assistance. The following are the procedures summarizing eligibility for compensation and other assistance to APs:
99. Landowners and land users that have either documented claims to the affected land or are able to demonstrate that this land belongs to them to the satisfaction of the DOW as with the crops, cassava crops, yam plants, banana plants, coconut trees, betel nut plants, sand miners, and the properties at each Bridge site as of the cut-off date which is 31st May 2014 will be eligible for compensation and/or rehabilitation assistance as per this RP. 100. Any person or group that occupies or uses the land identified for the sub project after the cut-off date will not be eligible for any compensation and/or assistance. They will be required to move from the land as per the provisions of the Land Act.
Landowners and land users who have satisfied the DOW that they either have documented claims to the affected land and/or other productive assets or through the DOW investigation can demonstrate that they are the rightful owners or users, will receive compensation for land acquired by the sub project. Those APs who cannot satisfy the DOW that they are the rightful
28 users but are using the land anyway will receive compensation for productive assets attached to the land and other assistance as required. Eligibility and entitlement for compensation and other assistance is summarized in the following Entitlement Matrix:
Table 7: Summary of Eligibility and Entitlement Criteria Matrix for APs
Type of Entitled Person (s) Entitlements impact Permanent Legal owner (s), Provision of similar size of land by state is not Acquisition including customary possible. of Land Landowners , so cash compensation at replacement cost.
Informal settlers on land APs will be provided compensation at to be acquired. replacement cost for their damaged crops, trees, and structures on project affected land. Temporary Legal owner(s) of land, Landowners will be paid rent on terms between use of Land including customary them landowners. and the contractor. Loss of All APs irrespective of APs will be given notice to harvest crops and crops their legal status. trees before site clearance or removal from and trees. required land. If APs are not able to harvest, they will be paid cash compensation at replacement cost. In case of perennial crops and trees, the compensation will also include loss of income for a period until new crops or trees produce an equivalent income. Loss of APs whose loss of APs will be provided with income support gardens gardens is more than based on extent of crops being affected. 10% loss livelihoods support. Loss of All APs (whether have APs will be provided compensation at commercial legal title to land or not). replacement cost without deductions for Structures depreciation or salvaged material and assistance in finding an alternative site. Loss of Vulnerable HHs Vulnerable HHs will receive priority livelihoods. identified by social employment for project construction and assessment. maintenance. Unforeseen Concerned affected This will be determined as per the principles of or persons. this RP and the ADB’s Safeguard policy. unintended impacts.
Based on the above, DOW will pay the following entitlements as per the impact (Table 8):
Table 8: Entitlements for Entitled Persons
Bridge Type of Entitled Person (s) Entitlement Impact Laloki Land Niure Badia of Koiare Clan K50,000.00 Acquisition (3.4982 ha) Brown Land Andrew Sarove of Vagaradi O’oro # 1 and K62,000.00 River Acquisition Steven Vaivai Rove of Vagaradi O’oro # 2
29 (2.8013ha) clans Angabanga Land Lopia Fa’a Clan (Andrian Oae-Paramount K117,000.00 Acquisition Chief) (4.8217 ha) Total 4 entitled claimants K229,000.00 Laloki Improvements 9 sand mining persons and sand 14 persons for improvements and K48,692.80 miners structures Brown Improvements 10 persons for crops, 12 persons for 12 River and physical graves K128,424.30 structures 10 for physical structures Angabanga Improvements 14 persons for crops, 1 person for graves 7 persons for physical structures K171,222.50 Total K348,339.60 Total Entitlements to APs on all bridge site K577,339.60
ii: Assistance to Vulnerable Groups
101. The SES undertaken for this RP has been revised done to15 households that will be affected although they are not vulnerable as they will be relocate up to five metres from their current shelters of residence. There are able bodied persons in these houses and DOW expects the successful bidder to compulsorily undertake to employ at least one to two members from each HH depending on the population per HH on construction related activities on a full-time basis.
iii. Opportunities for APs to Derive Appropriate Development Benefits
102. There are a number of both quantifiable and non-quantifiable development benefits APs will be able to leverage as a result of this sub project. Benefits include:
(a) Employment opportunities can be afforded to APs by the contractors that not only ensure a stable waged income over two years but an opportunity to acquire non- agricultural skills without having to leave the local community. (b) Women will be offered the same types of employment-based opportunities as men and of equal importance will be able to actively participate alongside men in other resettlement-based activities thereby also having an indirect impact upon the patrilineal structures of male domination in traditional PNG society. (c) Social risks associated with HIV/AIDS and other STIs will be mitigated to some extent by employing as many people on bridge construction activities locally as possible and awareness and prevention programs designed to empower women. (d) There will be opportunities to provide a range of goods and services to outside bridge construction workers that will enhance the local economy because such workers will generally have greater purchasing power than local villagers. (e) Improvements to overall bridge design, including pedestrian walkways, and changes to bridge approach alignments geared to improve road safety standards and render NMT users’ safer than hitherto has been possible. (f) The opportunity to learn experientially how to diversify crop production possibly with newer higher yielding varieties or different cropping regimes and improve upon traditional land management practices.
30 (g) The bridges as part of a longer term developmental strategy to enhance connectivity between rural and urban PNG will ultimately result in improved market links and access to a wider range of goods and services. (h) The opportunity to invest compensation monies in clan-based activities such as social support for pre-school children and elderly clan members to ensure greater levels of social inclusion and maintain clan social cohesiveness. I: Relocation of Physical Structures i: Options for Relocating Physical Structures
103. DOW through a thorough DMS has confirmed at least ten dwelling houses and two trade stores and one stand-alone trade store to be relocated to new sites identified by APs themselves. The two houses at Laloki are at the end of the road approach towards Port Moresby. The fate of these two will be determined subject to construction convenience and traffic flow considerations as well as safety of the concerned APs. All relatives of graves did not want the human remains excavated and relocated because by doing so will greatly disturb their spirits. The road side markets will be relocated to new sites as agreed to by APs. The physical structures to be removed and relocated just before construction are in Table 9.
Table 9: Physical structures for relocation Bridge Crops/ Loss of Kitchen Open Trade Graves Market Total Name Trees Houses House house Stores stalls Loss with houses L Various 2 Nil Nil Nil Nil 0 2 B R Various 20 2 Nil 2 12 3 24 A Various 3 1 5 1 10 Total 25 2 3 17 4 36 L – Laloki, BR – Brown River, A - Angabunga ii: Consideration of Alternative Relocation Sites
104. There are number of alternative relocation sites that APs and other clan members have agreed to relocate immediately after payment of compensation. APs at Angabanga are all customary owners and they have sufficient land adjacent to their current sites that they would like to relocate. The Goilala settlers at the Northern end of Brown River bridge site will relocate to the Southern end of their current location. Some of their current houses are built of cardboard and low quality materials and therefore paying cash payments will enable them to build quality and permanent homes. The Laloki APs will also relocate 5 meters inwards from their current locations after receiving payment because they are titled APs.
iii:Timetable for Site Preparation and Transfer
105. As per the Implementation Schedule outlined in Table 10 all land must be acquired between the months of July – August 2014 before civil works commence in September 2014. APs will relocate to their new sites between July and September before construction commences.
31 iv: Legal Requirements to Regularize Tenure and Transfer Title
106. The Land Act (No. 45 of 1996 and ratified on 20/12/96), specifically Section 13 (6) states that GoPNG may acquire the land in question and the DOL at the provincial level ( here it will be Central Province) is able to issue the Native Dealing Number (NIT) that regularizes tenure and enables title to be transferred. However, the process of acquiring customary land and transferring titles to APs will take at least two years for the process to be completed. The process is also tenuous and contagious in the sense that if DOW contemplates land acquisition on behalf of the State and then transfers to the affected APs, the very objective of trying to construct the said bridges will be delayed by years. In other words there will be a diversion of focus from the bridge construction to the customary land acquisition and title transfer. To avoid this problem, DOW will pay them compensation fees at market rate and they will relocate to their new sites as agreed by APs identified and consulted for relocation. Discussions with APs at Angabanga and Brown River confirmed their willingness to relocate only on the premise that they are paid at the current market price. DOW has assessed and calculated the values of each property to be removed and relocated and the APs have agreed to accept payment, hence signed signatures in agreement.
v: Measures to Assist Displaced Persons
107. APs will be assisted by the sub project to dismantle the existing structures and re- erect them at the agreed upon site. Assistance to APs will be to pay for the costs of: demolition of their current physical structures and provide transport to move materials from their current location to new site more than 1km. During consultations with these APs it was suggested that the Project should finance the construction of some more modern markets, including the creation of better public hygiene, water and sanitation facilities. This they argued would make the markets more attractive both to local users and to passing customers. DOW will consider this request during additional consultations although to comply with the request of these APs would add considerably to resettlement and associated costs. The market stalls, however are small and may not accommodate the whole community.
J. Income Restoration and Rehabilitation
i: Possible Livelihood Risks
108. APs on all three bridge sites will be temporarily exposed to resettlement risks in that their place of residence will be demolished and relocated. Their daily income generation from fine sand hauling at Laloki and sales of food crops sourced from the affected ROWs at all bridges sites will cease as well because after acquisition, APs will be denied access. Women APs and other disadvantaged groups will also be exposed to other social risks such as shortage of HIV/AIDs, sexual harassment by construction workers, and alcohol abuse by local construction workers due to increased flow of cash in the sub project, which is also likely to cause disharmony among family members.
109. Regular income from vegetables sales will be affected as they said but based on further assessment income earned from sales is not quite significant compared with compensation payments they will receive. Betel nut sales are their primary source of income at Brown River and Angabanga. Initially there was a ban on betel nut but this ban has been
32 lifted. A company purchases betel nut bags from Central province villagers and resells to nominated sellers in Port Moresby. The temporary ban in Port Moresby affected the Mekeos including the Lopia Fa’a clan members. The HHs will have the choice to decide whether to replant the young shoots in other gardens they have or destroy them together with medium to matured trees. Note that the State is not obligated to secure a new location to resettle these vegetables and betel nut trees because the state pays for damage as per valuation.
110. Although there aren’t any organized markets on the three bridge sites APs are likely to establish temporary markets on all construction sites. These will enable them to generate more income during construction period because contract workers will buy items such as betel nuts, coconut, cigarettes, soft drinks, etc.
111. Some livelihood risks that might impact upon clan members who had not experienced loss of access to productive land might relate to road side betel nut gardens shown in the attached photographs which will be removed during construction. APs access to fine sand hauling at Laloki will also be affected. This also relates to fishing during actual bridge construction. The impact per se is not on a critical habitat upstream from the bridges but in close proximity to where fish are typically caught. However, this indirect impact has not been quantified as part of this RP although by making reference to the IEE for each of these bridge sites it can be noted that it is thought the impacts will be minimal. Nevertheless, this is a livelihood issue that DOW is prepared to flag because it is seeking to embrace better practices with resettlement planning processes that it implements.
ii: Income Restoration Program
112. Income expected to be generated by the APs as a result of foregoing land and vegetation are significantly higher compared to other villages not affected that are in the same region. With the anticipated income they are able to improve food security and improve personal hygiene. APs were unable to feel the impact of income generated from the sales of vegetables from their gardens at each bridge site but with the payment of land and crop compensation, they will have access to considerable amount of money at any one time.
113. The GAP based on the Social Assessment undertaken as part of the sub project concluded that incomes would be enhanced to purchase local foods at the markets if APs were employed as construction workers. It is estimated that each of the three bridges will take up to three years to construct and during this time waged labour opportunities should be made available as a priority to APs. Such employment opportunities on their own do not ensure sustainable livelihoods but being paid at least the minimum wage and enjoying working conditions as per ILO Core Labour Standards (a recognized requirement for ADB financing of the Project). DOW is confident that APs will be considerably better off financially as a result of the Project. This is the experience DOW has found elsewhere in PNG when waged employment opportunities are offered locally. It should also be noted that experience with waged employment on a relatively long-term basis will be a new experience for most of the APs based on consultations facilitated as part of preparing this RP.
iii: Special Measures to Support Vulnerable Groups
114. The Contractor will conduct special training and counselling programs that emphasis on fostering cordial relations with APs. Most important lessons relates to outside workers relationship to APs where such relations should not disadvantage vulnerable APs. Other specific vulnerable APs were not identified but the contractor will ensure that strategies are in place to identify and assist any specific group that needs special attention from the contractor.
33
iv: Specific Gender Considerations
115. DOW recognizes that specific gender considerations apply to all public infrastructure projects it both executes and manages. As part of this RP, women APs have been consulted both in mixed groups with men APs and also in groups just consisting of women with consultations being facilitated by a woman. The measures proposed in this RP to enhance the positive impact of the Project on women APs and other women living in the sub project area are as follows:
° Iterative consultations with women at all stages of the Project cycle and importantly in the preparation of the RP. ° Via the RP ensuring that women clan members not just men clan members are compensated for loss of land and other productive assets. ° Facilitating processes whereby women APs can lodge grievances with DOW and ultimately ADB if they are dissatisfied with any aspects of the RP. ° Ensuring that women APs and not just men APs are offered priority waged employment on the sub project and are afforded equal pay and on-the-job training opportunities. ° Addressing concerns that women APs might have with safety and security issues where they have to relocate their gardening activities. ° Ensuring that all livelihood outcomes on socio-economic data is gender disaggregated to analyse impacts at the intra-household, the intra/inter clan, and where relevant inter-tribal level. v: Suggested Training Programs
116. Training of APs will be considered as one of the critical aspect in this sub project to foster mutual relations with construction workers. APs, especially from Angabanga queried whether the sub project will provide some form of training on agriculture. Although DOW does not try to duplicate roles of another government function, it will be one of ADB policy to ensure training is provided to enhance skills and knowledge that they would use to improve their livelihoods. DOW will work either with agricultural outreach officers from the government or the NGO sector or both to provide training. The construction company will hire trainers from HIV/AIDS council to provide to APs and construction workers.
117. APs that will be offered priority employment on the sub project where some of whom have never been involved in similar projects. The construction company will provide on- the- job training to all APs recruited to work. Such training will include but not restricted to activities such as pile-driving, concreting, and welding and community relations work; taking into account occupational health and safety issues and the lack of experience by most APs, especially women APs. The contractor will also be required to offer practical training in bridge maintenance to APs as DOW is considering the employment of local communities to undertake routine maintenance on bridge assets.
34 K: Resettlement Budget and Financing Plan i: Itemized Budget for Resettlement Activities 118. Budget for this RP involves three cost centres which are: Land acquisition, Crop payment and relocation of physical structures.
119. The implementation of the RP and construction schedule may progress unhindered if due care and consideration is given to RP. According to DOW’s IOL the total cost for this sub-project will amount to PGK 577,339.60 as indicated in the following table:
Table 10: Resettlement Budget
No Description Land Area Cost (PGK) Total (US$) 1 Land Acquisition Laloki 3.4982 ha K50, 000.00 US$ 19,475.00 Brown River 2.8013 ha K62, 000.00 US$ 24,149.00
Angabanga 4.8217 ha K 117,000.00 US$ 45,571.50 River Total 1 11.1212ha K229,000.00 US$ 89,195.50
2 Planted Improvements Laloki K 61,026.00 US$ 23769.63
Brown River K 29,924.00 US$11,655.40
Angabanga K 79,722.50 US$31051.91
Total 2 K160, 772.50 US$62,620.89
3 Physical Structures (houses, trade stores, kitchen houses, markets, graves etc. Laloki K 27,692.80 US$ 10,786.35
Brown River K 36,500.30 US$14,216.87
Angabanga K 91,500.00 US$ 35,639.25
Total 3 K155,693.10 US$ 60,642.46
Grand Total (1+2+3) K577,339.60 US$ 224,873.78
(For details refer to Appendix VIII & IX).
Other RP costs include: ° Any special assistance to vulnerable APs that might be identified during construction phase that did not appear during the actual SIS, ° Livelihood enhancement training for women and men; ° Expenses for outreach in agriculture and forestry based activities; ° Purchase of newer and higher yielding seed varieties; and ° Monitoring and Evaluation. These are stated in Table 11.
35 Table 11: Resettlement Support Services Budget Item Cost Centre Amount (PGK) US$ 1 Donations to Vulnerable K20,000.00 groups 7,790.00 2 Training of APs K20,000.00 7,790.00 3 Agriculture Extension K20,000.00 7,790.00 4 Monitoring & Evaluation K50,000.00 19,475.00 5 Community Relations Officer K40,000.00 15,580.00 Total K150,000.00 US$ 58,425.00
ii: Flow of Funds
120. Funds earmarked for compensation payments for: Land, Crops and Physical structures will be paid directly to APs from DOW once it has been paid to this Office by the Department of Finance in Port Moresby. DOW prepares the funds for disbursement based on DMS and the funds will be drawn down as part of the GoPNG contribution to this sub project. Payment for temporary use of land is made directly by the Contractor to local APs based on an agreement between the two parties as to the actual amount. This will not involve the DOW or other parties unless APs are dissatisfied with the amounts offered by the contractor.
121. Funds for remaining activities will be paid directly by the DOW once disbursement has been made by the Department of Finance to DOW in Port Moresby. An alternative arrangement might be for the DOW Central Province to be paid directly by the Department of Finance but DOW is not generally agreeable to this alternative because it does not necessarily guarantee the level of accountability and transparency required as disbursements are not guaranteed by law unlike the payment of compensation to APs.
iii. Justification for Calculating Compensation Rates and Other Cost Estimates
122. Compensation rates were based on replacement cost calculated by a registered Valuer and approved by the Valuer-General. Calculation of these rates took into account the opinions of APs, especially the ones that were able to demonstrate rates based on recent land transactions in land of equivalent value in their village or nearby villages. Replacement costs also took into account some likely escalation in land values as a result of this sub project contributing to a general rise in land values along the Hiritano Highway.
123. Other cost estimates will be based on cost norms the DOW has applied to other infrastructure projects involving the construction of bridges that it is responsible for implementing. However, some of the cost norms for activities (ii) to (v) inclusive will be based on consultations with APs and civil society groups who are more familiar and experienced in estimating the costs of such activities than the DOW. Government departments familiar with agricultural and forestry based activities were also be consulted in relation to activities (iv) and (v) prior to deriving at the final figures.
iv. Sources of Financing
124. The GoPNG is financially responsible for all resettlement activities with the exception of ADB agreeing to the financing of TA Consultant services to oversee the resettlement based
36 activities during detailed design and RP implementation, monitoring and evaluation of these resettlement activities.
L: Institutional Arrangements i: Responsibilities and Mechanisms for Carrying out Resettlement Plan
125. DOW is both the Executing and Implementing Agency for this Project. DOW in collaboration with Central Province’s Lands Office and DOL day-to-day activities related to land acquisition and assessment of losses of other productive assets were carried out. These activities included:
i. Collaborate with and assisted by District Lands Officer at each of the three bridge sites to undertake work to comply with the project’s policies and ADB requirements.
ii. Provided resources, including where necessary DOW, Central Province Lands Office and DOL expertise, to carry out the Inventory of Loss (IOL) and Detailed Measurement Survey (DMS).
iii. Collaborated and assisted by District Lands Officer in negotiations and agreements with affected landowners or land-users.
iv. Facilitated consultations with affected communities and ensured that all stakeholders were informed about the s project, its policies and procedures; ensured that all requirements concerning public disclosure of the provisions for land acquisition and compensation; and, overseeing and monitoring the grievance redress process.
v. Reviewed, updated and endorsed the RP prior to submission to the ADB for approval, ensuring that all matters related to land acquisition and other forms of compensation were complete and correctly reported upon.
vi. Monitoring the process of allocation and disbursal of funds for compensation at both the national and provincial levels and ensure that funds are available and compensation is paid in a timely manner.
vii. Undertake all other activities including the monitoring of land acquisition and other productive assets’ compensation payments.
viii. DOW in consultation with OPA, including the PLO and DLO executed work plan, implement, and monitor land acquisition activities at the sites of the three bridges. The responsibilities included:
ix. Undertook cadastral surveys of land required permanently for these three bridges and measured out the area of land required for acquisition by the sub project x. Negotiated and signed Memorandum of Agreements (MOAs) for the acquisition/use of customary land with the clan leaders and affected landowners and/or land-users.
xi. Temporary land leases required for the three bridges will be done by the successful contractor. xii. Consulted and advised affected communities about the sub project, the policies and procedures when land is required and the rights and responsibilities of directly affected people and other indirectly affected peoples.
37 126. The Provincial Governor and Provincial Administrator have been regularly advised of the progress on consultation with APs and they will also be advised of the disbursement of all funds allocated to pay compensation. Local Level Government Ward Councillors have assisted in helping DOW to facilitate all consultations with local communities, affected people, and other stakeholders to pave way for compensation payments. They will also be able to assist during payment of compensation to APs and monitoring of sub project implementation. ii. Institutional Capacity Building Program
127. As part of the preparation of the RP it has been concluded by DOW in Port Moresby that governmental staff who will be involved in implementing this RP require more training in the ADB’s social safeguard policies and procedures because this project will be the first one to be implemented by DOW after the 2009 Safeguard Policy Statement that became operational in January 2010. It is also considered necessary by DOW to review GoPNG policies and procedures for the acquisition of land and other forms of involuntary resettlement. Finally, some DOW staff has limited training in survey tools and techniques that are necessary to prepare a RP and these could be areas that will require further input from the project. Officers to be targeted will include DOW, PDOL and DDOL, relevant staff of the Valuer-General’s office, and any other organizations that might be involved in land acquisition and compensation activities, including civil society groups.
128. A Land Acquisition Officer from DOW was supposed to be assigned within the PIU based in Port Moresby to implement the RP but this did not eventuate due to manpower shortage. The project also provided consultancy support via a Safeguards Specialist to build capacity within DOW and local governments to prepare, implement, and monitor the RP.
iii. Role of Civil Society Groups
129. There are some civil society groups in the sub project area however, most of them are religious-based and are less than satisfactory for the purposes required as part of the RP. However, there are at least two Port Moresby based NGO groups that have worked with DOW in the past. These two NGOs are the Centre for Environment, Law and Community Rights (CELCOR) and Environment Law Centre (ELC). Both these NGOs are non- sectarian in nature and have a good understanding of both gender and indigenous people’s development issues and in the opinion of the DOW are able to work more effectively with local communities than other NGOs: they are also more cost effective. Subject to satisfactory negotiations, either NGO or both will be contracted by DOW to undertake external monitoring and evaluation of the RP. Although this is a Category B project and monitoring will be done by DOW.
iv. Involvement of Women’s Groups in Resettlement Planning and Management
130. The DOW is mindful of the important role women who are affected by involuntary resettlement in resettlement plans, and the Gender Action Plan prepared for the sub project, based on consultations during the preparation of this RP, outlines in detail how the resettlement planning and management processes will be implemented to ensure affected women are not disadvantaged as a result of the sub project. Principally compensation payments will be paid to affected women rather than to men as the head of
38 the household where he will receive an equal share of compensation payable based on severity of loss. Women will also be encouraged to seek grievance redress if deemed necessary.
39 M: Implementation Schedule 131. The implementation schedule for resettlement activities to (i) update the RP; (ii) implement the RP; and, (iii) monitoring activities is arranged as follows:
Table 12: Implementation Schedule
Item Activities Schedule Update of Resettlement Plan 1 Confirmation of legally binding Memorandum of Agreement (MOA) with Month 1 landowners on use of land (an initial MOA was signed during the PPTA) 2 Confirm land requirements based on detailed engineering design of the three Month 2 bridges 3 Securing authorization from the Department of Land for cadastral land Survey. Month 3 4 Follow up consultations with affected communities and agreement on land Ongoing use/acquisition. 5 Cadastral survey of land and submission to Surveyor-General for Registration. Month 3 6 Request Provincial Land Office to prepare LIR including valuation of land and Month 3 improvement) 7 Submission to the Office of Provincial Affairs for Certificate of Alienability to be Month 4 signed by the Provincial Administrator. 8 Valuer-General verifies the land valuation at the three bridge sites. Month 4 9 Department of Works updates the RP in consultation with landowners, Month 5 & 6 including agreement on compensation rates and discloses updated RP. 10 Department of Works submits the updated RP for approval and uploading Month 6 on the ADB website. 11 ADB issues no-objection to the RP. Month 7 Resettlement Plan Implementation 12 Department of Works issues checks to Provincial Land Offices for execution Month 8 of land acquisition and payment of compensation 13 Provincial Land Offices complete land purchase and issue Native Dealing Month 9 Number 14 Payment of compensation and allowances Month 9 & 10 15 Department of Works submits to ADB the Land Acquisition Completion Report. Month 9 16 Award of civil works contract Month 10 & 11 17 Clearance of acquired land. Month 11 & 12 18 Commencement of civil works (contingent on 100% of compensation and Month 13 allowances being paid). 19 Payment of adjusted compensation, as required, for unforeseen damages and Actual losses. month of damage Monitoring Plan 20 Department of Works establishes AP socio-economic baseline. Month 17 21 Department of Works submits progress report to ADB on implementation of the 6 monthly RP. 22 Department of Works conducts post-resettlement survey and final Monitoring Month 36 report.
40 Table 13: Implementation Schedule
41 N. Monitoring and Reporting
132. DOW will implement and monitor all activities associated with land acquisition and payment of compensation to APs. The scope of monitoring includes: (i) compliance with the agreed policies and procedures for land acquisition; (ii) prompt approval, allocation and disbursement of compensation payments to APs, including if necessary supplemental compensation for additional and/or unforeseen losses; and, (iv) remedial actions, as required. The monitoring will also cover the social impacts of the three bridges and whether APs are able to restore, and preferably improve, their pre-project living standards, incomes, and productive capacity. A monitoring and evaluation program utilizing the following indicators has been collated on the understanding it can be subject to change, including by APs who will be afforded the opportunity to suggest indicators they consider of more relevance to their livelihoods than are considered relevant by other stakeholders. These monitoring and evaluation indicators are shown in Table 14.
133. The SIS undertaken of APs for this RP together with the Social Assessment undertaken for the Corridor of Influence along the Hiritano Highway will be used as the baseline to monitor and evaluate the above indicators. They will also be used in conjunction with monitoring and evaluation indicators prepared for both the GAP and EMP for these three bridges. The DOW will prepare and submit semi-annual progress reports to ADB as part of project performance monitoring. The DOW will also submit a sub project land acquisition completion report to ADB when compensation has been paid.
134. To ensure that there is adequate accountability and transparency with monitoring and evaluating the outcomes of this RP, an external consultant paid by DOW will be appointed to undertake independent monitoring and evaluation. Such reports together with those prepared by DOW will be submitted to ADB at six monthly intervals as per the Implementation Schedule. On completion of the sub-projects this external consultant will prepare a report highlighting its assessment of resettlement outcomes for all three bridges in the Hiritano Highway sub project.
Table 14: Monitoring and Evaluation Indicators
Type of Indicator Examples of Variables Indicator Process Staffing No. of PIU staff by job functions. Engagement of Indicators Safeguards Staff and Training No of other agency officials available for tasks. No of Consultation, consultation and participation programs held with various participation, Stakeholders. and Grievance No of field visits by PIU Staff, Resolution No of civil society groups participating in Project Effectiveness of compensation / assistance delivery system Coordination between PIU and other GoPNG agencies, Procedures in Operation project supervision consultants, and civil society groups. Output Households Structures No. of households affected, No. of community structures, if Indicators any, moved out, Economic Trees and No of households receiving agreed compensation for trees Crops and crops, Assistance to APs No of households that have participated in income restoration and livelihood enhancement measures No of special assistance programs to vulnerable households. Assistance for income Training and assistance in agriculture and forestry Restoration and Livelihood
42 Impact Enhancement of No of households participating in income restoration and Indicators Household Earning livelihood enhancement programs. Capacity Employment status of households having a formal job. Employment status of households being self- employed. Special Assistance to No of households receiving income enhancement skills Women training, No. of women engaged as waged workers by the Project, Type of Project-related skills women received training in. Average wage of women employed on Project compared to that of men. No of women receiving income enhancement skills training. Other Livelihood Increase in market- based incomes of women traders. Indicators Increase in ownership of household assets. Increased access to schooling and health services. Increase in visits by GoPNG service providers.
43 Appendix I: Socio- Economic Survey Questionnaire
Household Composition 1.Household Numbers 2. Ages of HH Members 3. Genders of HH Members 4. Relationship to Other HH Members 5. Ethnicities of HH Members 6. Education Levels Social Characteristics of Households 1. Family Structure 2. Lineage Affiliations 3. Clan Membership 4. Community Organizations 5. Class Background 6. Religious Affiliation Income, Assets and Expenditure . Individual Income 2. Corporate/collective Income 3. Land Ownership 4. Livestock 5. Common Property Resources 6. Estimated Total Expenditure Occupational Background 1. Subsistence Agriculture 2. Commercial Agriculture 3. Rural Waged Employment 4. Other Waged Employment 5. Small and Medium Enterprise 6. Public Sector Official Access to Public Services 1. Health Care Amenities 4. Motorized Transport 2. Water Supply and Sanitation 5. Micro-Finance 3. Educational Facilities 6. Agricultural Extension Gender Roles and Issues 1. Control of HH Finances 2. HH Decision-Making Responsibility 3. Membership of Village Organization 4. Maintenance of Public Goods 5. Interaction at Supra Village Level Attitudes and Preferences of Affected people 1. Project Generally Beneficial 2. Exacerbates HIV/AIDS 5. Prepared to Gift Land 3. Increase in Traffic Accidents 6. Willingness to Work on Project 4. Negative Environmental Impacts 7. Commitment to Maintain Asset
44 Appendix II: Public Information Bulletin
PNG BRIDGE PROJECT: IMPROVING RURAL ACCESS 1. GOAL
TO IMPROVE THE RURAL ACCESS AND BOTH DIRECTLY AND INDIRECTLY IMPROVE THE LIVING STANDARDS OF LOCAL COMMUNITIES. IT WILL BE FINANCED BY THE GOVERNMENT OF PAPUA NEW GUINEA AND A LOAN FROM THE ASIAN DEVELOPMENT BANK. .
2. INTERVENTIONS
BRIDGES ALONG NATIONAL HIGHWAYS WILL BE REPLACED BECAUSE THEY ARE OLD AND CANNOT MEET LONG -TERM GROWTH IN MOTORIZED TRAFFIC. THEY WILL BE UPGRADED TO TWO LANE FROM CURRENT ONE LANE. THE DISMANTLED BAILEY BRIDGES WILL BE REASSEMBLED ALONG FEEDER ROADS THAT DIRECTLY SERVE LOCAL COMMUNITIES AT RIVER OR STREAM CROSSINGS WHERE EITHER BRIDGES DO NOT EXIST AT PRESENT OR ARE IN POOR CONDITION.
3. LAND ACQUISITION
TEMPORARY LAND ACQUISTION MAY BE NECESSARY TO ENABLE BRIDGE CONSTRUCTION TO GET UNDERWAY. PERMANENT LAND ACQUISTION WILL BE NECESSARY WHERE THE HIGHWAY NEEDS TO BE ALIGNED TO ENSURE SAFE PASSAGE ACROSS THE CARRIAGE- WAY.
4. COMPENSATION ISSUES
GOVERNMENT OF PAPUA NEW GUINEA AND ASIAN DEVELOPMENT BANK HAVE POLICIES AND PROCEDURES TO ENSURE THAT IF YOU LOSE ACCESS TO YOUR LAND EITHER TEMPORARILY OR PERMANENTLY YOU WILL BE COMPENSATED AT REPLACEMENT COST BASED ON FAIR MARKET VALUES.
SHOULD YOU DECIDE TO DONATE YOUR LAND IN THE INTEREST OF THE PUBLIC GOOD AT THE LOCAL LEVEL THAT IS ACCEPTABLE BUT YOU ARE UNDER NO OBLIGATION TO DO SO AND REFUSAL TO DO SO WILL NOT HAVE ANY ADVERSE IMPACT UPON YOU OR THE REASSEMBLY OF BAILEY BRIDGES ON RIVER OR STREAM CROSSINGS IN FEEDER ROADS THAT SERVE YOUR COMMUNITY.
5. ACTIVITIES
A SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSS OF AFFECTED HOUSEHOLDS (THOSE WHOSE LAND WILL BE ACQUIRED) WILL BE UNDERTAKEN AND A RESETTLEMENT PLAN PREPARED. YOU WILL BE ENTITLED TO REVIEW THIS RESETTLEMENT PLAN IN THE NATIONAL LANGUAGES AND SUGGEST AMENDMENTS. IT WILL NOT BE FINALIZED BEFORE YOUR FREE AND INFORMED CONSENT IS PROVIDED BY WAY OF A SIGNED MEMORANDUM OF AGREEMENT BETWEEN YOU AND A PROVINCIAL REPRESENTATIVE OF THE GOVERNMENT OF PAPUA NEW GUINEA.
6. MITIGATION MEASURES
AS AFFECTED WOMEN AND MEN YOU WILL BE OFFERED FIRST CHOICE OF PAID EMPLOYMENT DURING BRIDGE CONSTRUCTION AND FOR PERIODIC MAINTENANCE ACTIVITIES ON THESE NEW BRIDGES (GRASS CUTTING AND PAINTING) IF THESE ACTIVITIES ARE SUB-CONTRACTED BY THE PROVINCIAL DEPARTMENT OF WORKS.
CONTACTS • MR IAN BARRPROJECT DIRECTOR – BRIRAP – DOW HEADQUARTERS TELEPHONE 3241473/1475 EMAIL: [email protected] ASIAN DEVELOPMENT BANK, ADB AVENUE, MANDALUYONG CITY, 1550 METRO MANILA, PHILIPPINES, TEL: +63 2 683 1912; FAX: +63 2 636 2446 www.adb.org
45 Appendix III: Land Acquisition Cadastral Survey: Laloki River Bridge
46 Appendix IV: Land Acquisition Cadastral Survey: Brown River Bridge
47 Appendix V: Land Acquisition Cadastral Survey: Angabanga Bridge
48 Appendix VI: Land Investigation Report and Land Valuation: Laloki
49 Appendix VII: Land Investigation Report & Land Valuation: Brown River
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