DRAFT Resettlement Plan

March 2020

SAM: Central Cross Island Road Upgrading Project (CCIRUP)

Prepared by the Land Transport Authority of Samoa for the Asian Development Bank. i

CURRENCY EQUIVALENTS (as of 02 September 2019)

Currency unit – Samoan Tala (WST) WST1.00 = $ 0.37 $1.00 = WST 2.69

ABBREVIATIONS AP – affected persons AoG – Assemblies of God CCCS – Congregational Church of Samoa CCIR – Central Cross Island Road CCIRUP – Central Cross Island Road Upgrading Project (the Project) COEP – codes of environmental practice ERAP – Enhanced Road Access Project ESIA – environmental and social impact assessment GCLS - Grievance Complaint Logging System LDS – Latter Day Saints LTA – Land Transport Authority MNRE – Ministry of Natural Resources and Environment MOF – Ministry of Finance MWCSD – Ministry of Women, Community and Social Development OHS – occupational health and safety PMU – project management unit PUMA – Planning and Urban Management Division of MWTI RC – roman catholic RP – resettlement plan TCE – Tropical Cyclone Evan WST – Samoan Tala

WEIGHTS AND MEASURES km (kilometer) – length relevant to road m (meter) – Length or width relevant to road vpd (vehicles per day) – traffic volume

NOTES In this report, "$" refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of the Asian Development Bank (ADB)'s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of the ADB website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the ADB does not intend to make any judgments as to the legal or other status of any territory or area. ii

GLOSSARY Affected – All members of a household residing under one roof and operating as Household/ a single economic unit, who are adversely affected by the project or Family any of its components; It may consist of a single nuclear family or an extended family group. Affected – Individuals that are directly or indirectly affected by the project through Persons land acquisition, relocation, or loss of income; includes any person, household [sometimes referred to as project-affected family (AF)], firms, public or private institutions; The APs, therefore, include:  Persons whose agricultural land or other productive assets such as trees or crops are affected;  Persons whose businesses are affected and who might experience loss of income due to the project’s impact;  Persons who lose work/employment as a result of the project’s impact; and  People who lost access to community resources/property as a result of the project. Assistance – Assistance support, rehabilitation, and restoration measures extended Support in cash and/or kind over and above the compensation for lost assets. Compensation – In cash at the current market value or in kind for an asset or a Payment resource that is obtained or affected by a project, in which, the affected people are entitled to in order to replace their lost property or income. Cut-off date – The limitation period for affected persons to claim compensation is 5 years after the date of proclamation of taking lands (Ref: TLA 1964, S27). Negotiations must be completed within 30 days from the effective start of negotiations. Detailed – The detailed inventory of losses that is completed after the detailed Measurement design and marking of project boundaries on the ground. Survey Inventory of – The pre-appraisal inventory of assets as a preliminary record of Losses affected or lost assets. Rehabilitation – Measures provided under the policy framework on involuntary Compensatory resettlement other than the payment for the replacement cost of Measures obtained assets. Replacement – The amount needed to replace an asset and the value determined as Cost compensation for the following:  Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes;  Land in urban areas: the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services located in the vicinity of the affected land, plus the cost of any registration and transfer iii

taxes;  Houses and other related structures based on the current market price of materials, transportation of materials to construction sites, cost of labour and contractor’s fee, and any cost of registration and transfer taxes. In determining the replacement cost, depreciation of assets and value of salvaged building materials are not taken into account. No deductions are made for the value of benefits to be derived from the project; and  Crops, trees, and other perennials based on current the market value; and other assets (i.e., income, cultural or aesthetic) based on the replacement cost or cost of mitigating measures. Resettlement – All impacts associated with the loss of physical and non-physical assets, including homes, communities, productive land, income- earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms. Significant – If 200 or more people experience major impacts, which are defined Impact as: (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating assets). Structures – All buildings including the primary and secondary structures such as houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructure, shops, businesses, fences, and walls. Vulnerable – Those who might suffer disproportionately or face the risk of being Individuals marginalized from the effects of resettlement including:  Female-headed households with dependents;  Disabled household heads;  Poor households that fall on or below the poverty line (within the meaning given previously);  Landless;  Elderly households with no means of support; and  Households without security of tenure. iv

CONTENTS EXECUTIVE SUMMARY VI I. INTRODUCTION 1 A. Background 1 B. Project Description 1 C. Objectives of the RP 2 D. Key Principles of the RP 3 E. Summary of Road Design 5 F. CCIRUP Route and Affected Properties 7 II. SCOPE OF LAND ACQUISITION 8 A. Overview of Land Ownership in Samoa and along the CCIR 8 B. Scope and Rationale for Land Acquisition/Resettlement 9 C. Summary of Impacts 11 D. Impact Assessment 13 III. SOCIO-ECONOMIC INFORMATION AND PROFILE 17 A. Overview of Socio-economic Information on Affected People 17 B. Occupation and Income 18 C. Health and Education Services 18 IV. LEGAL POLICY FRAMEWORK AND ENTITLEMENTS 19 A. Introduction 19 B. Government Land Acquisition Legislation 19 C. Government Legislative Compatibility to ADB Safeguards Requirements 24 D. CCIRUP links to Involuntary Resettlement and Compulsory Land Acquisition 27 V. LAND AND ASSETS EVALUATION AND COMPENSATION AND ENTITLEMENTS 28 A. Evaluating Land and Assets Compensation 28 B. Affected Persons 28 C. Freehold Land Compensation 34 D. Customary Land Compensation 34 E. Easements 34 F. Resettlement Plan Implementation Schedule 36 VI. INVENTORY OF LOSS REQUIREMENTS 39 A. Context 39 B. Cost/Budget 39 VI. INSTITUTIONAL ARRANGEMENTS 40 A. Overview 40 B. Process 41 VIII. DISCLOSURE, CONSULTATION AND PARTICIPATION 43 A. Overview 43 B. Consultation Approach 44 C. Consultation Challenges 45 D. Disclosure 46 IX. GRIEVANCE REDRESS MECHANISM 49 A. Minor Concerns 49 B. Major Issues 49 v

C. Grievance procedure 49 X. MONITORING AND EVALUATION 52 A. MNRE Monitoring and Evaluation of Resettlement process 53 B. Safeguards Monitoring 53 XI. REFERENCES 55 APPENDIX 1: PUBLIC CONSULTATION MINUTES 56 APPENDIX 2: CONSULTATION FLIER 74 A. The Current State of the Central Cross Island Road 75 B. The Upgrade 76 C. Disclosure Consultation Report

LIST OF FIGURES

Figure 1: Cross Central Island Road Upgrading Project (CCIRUP) Location ...... 2 Figure 2: Typical Section Option 1 – Selected for Urban Area ...... 6 Figure 3: Typical Section Option 6 – Selected for Rural Area ...... 6 Figure 4: Resettlement Plan Implementation Agencies ...... 41 Figure 5: Levels of Grievance Resolution in Community ...... 51

LIST OF TABLES

Table 1: ROW Typical Cross Section Options ...... 5 Table 2: Land Ownership Types in Samoa ...... 9 Table 3: General Summary of Impacts ...... 12 Table 4: Summary of Indicative Resettlement Impacts ...... 12 Table 5: Community Characteristics ...... 17 Table 6: Wealth Quintiles ...... 18 Table 7: Government Legislation and Policies Relevant to Social Safeguards ...... 20 Table 8: Government Legislative Compatibility to ADB Safeguard Requirements ...... 24 Table 9: CCIRUP Affected Person Entitlement Matrix ...... 30 Table 10: Steps in the Resettlement Plan Process ...... 36 Table 11: Key Resettlement Plan Responsibilities ...... 42 Table 12: CCIR Key Stakeholders ...... 43 Table 13: Resetlement Plan Consultation Plan ...... 47 Table 14: Summary of Indicators to Guide Monitoring of the Resettlement Plan ...... 52 Table 15: Summary of 2018 Public Consultations ...... 56 vi

EXECUTIVE SUMMARY

The government is seeking to strengthen the safe access and resilience of its roads and bridges by reconstructing the most critical transportation links to higher standards so that they can better withstand the impacts of climate change and extreme weather events. The Central Cross Island Road Upgrade Project (CCIRUP) forms part of this program, with funding support provided by the Asian Development Bank (ADB). The Ministry of Finance (MOF) is the Executing Agency and the Land Transport Authority (LTA) is the Implementing Agency. The preparation of the CCIRUP involves a Technical Assistance consultancy (TA) project (TA- 9519 SAM: Preparing the Central Cross Island Road Upgrading Project) to address social and environmental safeguards, survey, design and civil works bidding documents for provision of an enhanced, safer and more sustainable road between Tanugamanono and Siumu – the Central Cross Island Road (CCIR). The findings will contribute to the ADB’s project appraisal and RRP (Report and Recommendation of the President to the Board of Directors). Design and documentation completion is a separately provided consultancy directly to the LTA (Consulting Services: Completion of Surveys and Investigations, Design and Documentation). The CCIRUP covers a stretch of approximately 20km of the CCIR. The CCIRUP commences (KM 0+000) on the northern side of the Ififi Street intersection in the outskirts of Apia. It then progresses southwards across the central highlands of Upolu to the project upgrading end point at the intersection with the South Coast Road in Siumu (KM 19+686). Following preliminary road design, review and discussions with LTA, stakeholders, communities and the ADB it was resolved that a nominal i.e. target right-of-way (ROW) width of 16.0m will be adopted for the entire road upgrade. This is considered to be the minimum acceptable width for achievement of road upgrading objectives that include road widening for safety reasons. While the LTA Act 2007 legislates a standard 22.0m width for arterial roads (such as the CCIR), in accordance with ADB Safeguards Policy Statement 2009, the adoption of this 16.0m width will minimize environmental disruption and resettlement or social impacts. Irrespectively, land still needs to be formally acquired as the existing ROW is as narrow as 10.0m in some locations, and its location and width relative to the existing roadway is largely inconsistent. As part of this project, it is the intent of the government to establish a new uniform ROW over the entire 20km road upgrade length. This Resettlement Plan (RP) has been prepared for the proposed CCIRUP. It outlines the land acquisition and resettlement policy principles, procedures, and institutional arrangements to mitigate risks to the people impacted by the Project. It is based on applicable Samoan law, regulations and policies, and the ADB’s Safeguard Policy Statement, 2009. Land use is predominantly classed as urban for the initial 4.5km. This road section includes a mixture of residential, commercial, public facilities and government buildings. While much of the land along this segment is freehold, there are some customary land allotments scattered throughout. From about 4.5km to 7km adjacent development is relatively less built-up, albeit still dominated by residential and commercial dwellings. It could be considered as ‘peri-urban’ development but is officially considered to be within a rural area. Beyond 7km to the project end point (KM 19+686) adjacent land use includes scattered residences and institutions but is dominated by mixed-use farmland. Customary land is far more prevalent in this rural area, with a distinct notable section from about KM 15+850 to the end point. The CCIRUP will largely follow the current CCIR route. While it is not expected that there will be a need to resettle people as a consequence of the proposed CCIRUP, identified areas of land parcels will be acquired in order to accommodate CCIR road improvements. For affected fixed vii assets (e.g. fences, hedges, trees, and temporary structures, etc.) situated within the nominal 16.0m road ROW, owners will receive compensation, or they can choose to have the asset relocated (maintaining the same condition or better). Affected Persons (APs) include those individuals who own, tenant, or have business interests that will be affected by the CCIRUP. They may be affected through land acquisition, temporary land use, land easements, or removal of existing fixed assets such as fence lines, vegetation, and structures. No severe impacts have been identified to date, nor expected through further development of the Project. There are approximately 159 land lots that will be affected by the project. In order to minimize impacts on assets, land will be acquired on both sides of the road, with approximately 130,322m2 of land needed. The project will also require extending easement areas, totaling 6,021m2, however there will not be a requirement to change the ownership of this land. There are more affected lots within the 1st 3km of the CCIRUP, and for the next 8km (up to 11km) – as these lots tend to be small in size as they are in the urban area. Impacts are higher in the 1st 3km as this is the most densely populated physically enclosed area, being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it is generally further away from the existing road, and it is dominated by the above mentioned large customary land area. There are no impacts on house structures, and as a result there will be no forced physical displacement. The majority of impacts to assets consist of fences and hedges, and a lesser extent productive trees and small structures. Considerable effort has been made to determine the ownership type of affected land lots, with roughly 60% of lots still to be confirmed. Once landowners have been confirmed by MNRE, then a detailed census and socio-economic survey of affected landowners and asset owners will be conducted – with the results presented in the Final RP and/or Updated RP. Details including costs associated with the logistics of removal / relocation of utility services e.g. existing power, water, and telecommunications is not yet included in this Draft RP as this will be undertaken as part of the detailed designs prepared by the utility companies and undertaken during civil works by the road upgrading contractor(s). Final compensation packages will be determined in accordance with replacement value of the lands including assets and will need approval of cabinet before compensation is granted. A specific grievance management mechanism shall be set up for APs and all questions, queries or grievances will be recorded and responded to. Furthermore, an independently evaluated monitoring and evaluation procedure will be set up to measure the effectiveness of the compensation process and livelihood restoration measures. Legal Agreements with appended compensation details will be drafted by relevant Government offices (LTA, MNRE and AGO). Endorsement of the agreement shall be with the identified legal owner(s) of the land affected or a legally authorized representative and the authorized Government Representative. 1

I. INTRODUCTION A. Background

1. This Resettlement Plan (RP) has been prepared for the proposed Central Cross Island Road Upgrade Project (CCIRUP) on Upolu Island, Samoa. It outlines the resettlement policy principles, procedures, and institutional arrangements to mitigate risks and where relevant offer sustainable livelihood and development opportunities to the people impacted by the Project. It is based on applicable Samoan law, regulations and policies, and the Asian Development Banks (ADB’s) Safeguard Policy Statement, 2009.

2. The government is seeking to strengthen the safe access and resilience of its roads and bridges by reconstructing the most critical transportation links to higher standards so that they can better withstand the impact of climate change and extreme weather events. The CCIRUP forms part of this program.

3. In the aftermath of Tropical Cyclone Evan (TCE) in 2012 several key roads were damaged. This included parts of the Central Cross Island Road (CCIR), which was completely severed (impassable) in several locations. The CCIR is one of the main economic arterial roads on Upolu Island. Following TCE, three local contractors were hired by the Land Transport Authority (LTA) under emergency funding to restore connectivity and improve the road in the worst affected areas. A total of five such distinct road sections totaling 3.7 km were upgraded as a result. In the interest of maintaining investment and reducing further project costs, these road sections will not be upgraded as part of the new works.

4. Initially, the CCIRUP was identified by the government as a sub-component of the World Bank funded Enhanced Road Access Project (ERAP). This initial ERAP stage of the Project occurred from December 2015 to May 2017. Tasks performed included preliminary surveys and investigations, preliminary engineering design including typical road cross- section options, preferred option selection, initial safeguards reporting (environmental and social including a draft resettlement plan document), civil works cost estimates, substantial detailed design completion including master utility relocation plans, partial bidding documentation, and production of draft right-of-way (ROW) drawings for resettlement planning purposes.

5. Project activities resumed in June 2018. This time in the form of a technical assistance (TA) consultancy for the ADB. The ADB intends to provide a grant to the government for project implementation.

6. Project co-financing is also provided by the Green Climate Fund (GCF). The accredited entity for the GCF is the United Nations Development Programme (UNDP). GCF funding covers detailed design and bidding documentation completion.

7. The Ministry of Finance (MOF) is the Executing Agency and the LTA is the Implementing Agency. Being responsible for land management in Samoa, the Ministry of Natural Resources & Environment (MNRE) is a critical government stakeholder. 1. B. Project Description

8. The CCIRUP covers a stretch of approximately 20 km of the CCIR. The CCIRUP commences on the northern side of the Ififi Street intersection in the outskirts of Apia (KM 0+000). It then progresses southwards across the central highlands of Upolu Island to the 2 project upgrade end point at the intersection with the South Coast Road in Siumu (KM 19+686) as shown in Figure 1. Figure 1: Cross Central Island Road Upgrading Project (CCIRUP) location

8. While the upgraded road will predominantly follow the route of the current road, it needs to be widened and realigned for safety reasons. This requires: (ii) An effective road design that improves the safety of pedestrians and commuter’s alike; (iii) Where necessary, land acquisition to enable the design and upgrade to be achieved; (iiii) Improved road drainage facilities to mitigate the impacts of climate change on both the roadway and adjacent land; and (iiv) Removal of some trees, fences and small structures. Major structure relocation or removal i.e. houses is not required.

C. Objectives of the RP

9. The government agrees to undertake the CCIRUP with resettlement requirements according to this RP. This RP is in compliance with the ADB’s Safeguard Policy Statement, 2009. Where there are contradictions between government legal and regulatory processes, this RP will be amended to reflect implementation progress and to ensure compliance with national law legal requirements and the ADB Safeguard Policy Statement. Government and ADB requirements are further discussed and compared in Chapter IV; forming the basis for resolution of any such contradictions. Where there is difference, the more stringent policies will apply.

10. Key objectives intrinsic to this RP integrate requirements and processes of both the government and ADB as follows: (i) Avoiding or minimizing involuntary resettlement, wherever feasible; (ii) Assisting Affected Persons (APs), displaced poor and other vulnerable groups to improve their living standards, earning capacity, and production levels; or at least to restore them (if affected by the project); (iii) Ensure community involvement in planning and implementing resettlement (if pertinent); 3

(iv) Assisting APs regardless of the legality of title of land; and (v) Providing compensation and resettlement assistance.

11. More explicitly, ADB assisted projects require project beneficiaries to take all necessary measures to avoid, minimize, mitigate and compensate for adverse social impacts including but not limited to those impacts associated with involuntary resettlement. This includes an expectation that all viable project design options should be explored to avoid or minimize involuntary resettlement. Where involuntary resettlement cannot be avoided, adequate resources should be made available to identify and implement resettlement activities as sustainable development programs, in close consultation with APs.

12. Resettlement Impact Categorization. Prior to implementation of civil works, resettlement impacts will be screened and classified using ADB SPS 2009 classification system as follows: Category A: If the proposed subproject is likely to have significant involuntary resettlement impacts to 200 or more persons will be physically displaced from home; 200 or more persons lose 10% or more of their productive or income generating assets; or 200 or more persons experience a combination of both. Category B: If the proposed subproject includes involuntary resettlement impacts that are not deemed significant. Category C: The proposed subproject has no involuntary resettlement impact.

13. The CCIRUP will require some land acquisition, yet the road will largely follow the original route with necessary modifications on the designed alignment of some sections. Based on ADB Safeguard Policy Statement (SPS) 2009 the Project will be classified as category “B” in terms of involuntary resettlement (IR). In accordance with SPS 2009, projects having any land acquisition and involuntary resettlement impacts will comply with the ADB safeguards requirement. Thus, any project that involves land acquisition and resettlement impacts RP and/or other safeguard reports are required as part of mitigation measures to address impacts. Accordingly, this draft RP has been prepared. A Final RP and/or Updated RP will also be prepared once further details are known.

14. Furthermore, to encompass GCF and UNDP safeguards policy, a rapid visual assessment of supplied GCF safeguard documents with those of ADB’s was performed by the consultant’s safeguards specialists and determined to be similar, if not identical, for purposes of safeguards project implementation. Where applicable, the remainder of this report focuses on ADB’s SPS.

D. Key Principles of the RP

9. While physical resettlement is not anticipated under this project, land and assets acquisition is required. Hence, key principles which have guided this RP process are as follows: (i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks; (ii) Determine the scope of resettlement planning through a gender appraisal of gender differentiated impacts of the land acquisition and commuting risks; an inventory of losses and/or census of affected persons; (iii) Carry out meaningful consultations with APs, host communities, and concerned relevant nongovernment organizations; (iv) Inform any affected persons of their entitlements and resettlement options; (v) Ensure APs participation in planning, implementation, and monitoring and evaluation of related livelihood restoration opportunities (if required). Pay particular attention to the needs of vulnerable groups, especially those below 4

the poverty line, the landless, the elderly, women and children, disabled and those without legal title to land, and ensure their participation in consultations; (vi) Establish an appropriate grievance redress mechanism to receive and facilitate resolution of any AP concerns; (vii) Support the social and cultural institutions of affected persons and their host population; (viii) Where involuntary resettlement or land acquisition impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase; (ix) Improve, or at least restore, the livelihoods of all affected persons through: (x) 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; (xi) prompt replacement of assets with access to assets of equal or higher value; (xii) prompt compensation at full replacement cost for assets that cannot be restored. (xiii) 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 settlements will maintain the same or better income and livelihood status; (xiv) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets; (xv) Prepare 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; (xvi) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to APs and other stakeholders. Disclose the final resettlement plan and its updates to APs and other stakeholders; (xvii) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits; (xviii) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation; and (xix) 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 considering the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

15. Other considerations. While the road designer has successfully mitigated needs for the civil works contractor to temporarily occupy private land for purposes of building permanent road upgrade (proper) construction works e.g. for embankments, a residual need for temporary occupation of private land still applies in the following circumstances: (i) Where an existing cadastral boundary forming the ROW edge is located in an inconsistent position to that of a fixed boundary structure i.e. roadside of an existing fence line or hedge. In such instances, it makes practical sense to upgrade the road to the frontage of such physical barrier, but not necessarily a need for the government to formally acquire this land. These occurrences will need to be considered by the government on a case-by-case basis; and (ii) Where a new vehicle crossing would best extend further up the existing driveway within the private property due to geometric design levelling 5

constraints and a design objective to avoid excessively steep vehicle crossings. Especially for the latter, property user / owner would need to be informed and consent would need to be given, but this is not seen as an impediment to the Project.

E. Summary of Road Design

16. This RP complements the proposed road design with associated approved processes and procedures for acquiring the land required to enable the CCIRUP to proceed. Public consultation and engagement have and will form the basis of the approval process.

17. ROW typical cross section options. During the preliminary design stage under ERAP a total of six different typical full-width cross sections were considered for the road upgrade. These primarily considered varying width shoulders and drainage arrangements for both urban and rural areas of the CCIR. Alternate ROW widths were also considered for the rural area. A summary of each cross section considered is provided in Table 1.

Table 1: ROW Typical Cross Section Options

KM ROW Option CCIR Road (To / Width Description No. Section From) (m) Kerbed 7.0 m wide carriageway (no shoulders) with std 4.5 m wide verge both sides that includes a 1.5 m wide piped drainage corridor LHS against kerb, 1.5 m wide footpath both sides, and 1 16.0 1.5 m wide utility in berm corridor against ROW boundary. Water utility proposed for RHS. Street lighting proposed for inside edge of footpath both sides. Kerbed 8.2 m wide carriageway (including 0.6 m wide sealed shoulders both sides) with std 3.9 m wide verge both sides that includes a 0.90 m wide U-shaped RC lined (including cover 2 16.0 slabs) drainage corridor against kerb, 1.5 m wide footpath both 0+000 PACKAGE 1 sides, and 1.5 m wide utility in berm corridor against ROW to & 2 URBAN boundary. Water utility proposed for RHS. Street lighting proposed 4+600 for outside edge of footpath both sides. Unkerbed 11.0 m wide carriageway (including 2.0 m wide sealed shoulders both sides) with std 2.5 m wide verge each side that includes a 1.0 to 2.0 m wide* RC lined trapezoidal drainage corridor both sides, and a 0.5 to 1.5 m wide* shared utility in 3 16.0 berm / footpath corridor both sides against ROW boundary. Water utility proposed for RHS. Street lighting proposed for outside edge of shoulders, although not ideal from a safety perspective.

Unkerbed 10.0 m wide carriageway (including 1.5 m wide unsealed shoulders both sides) with std 3.0 m wide verge each 16.0 side that includes a 1.0 to 2.5 m wide rip rap lined trapezoidal 4 (min.) drainage corridor both sides, and a 0.5 to 2.0 m wide utility in berm corridor both sides against ROW boundary. Water utility and street lighting assumed not applicable. Unkerbed 10.0 m wide carriageway (including 1.5 m wide sealed shoulders both sides) with std 3.0 m wide verge each side that 4+600 PACKAGE 2 16.0 includes a 1.0 to 2.5 m wide RC lined trapezoidal drainage 5 to RURAL (min.) corridor both sides, and a 0.5 to 2.0 m wide utility in berm corridor 19+673 both sides against ROW boundary. Water utility and street lighting assumed not applicable. Unkerbed 11.0 m wide carriageway (including 2.0 m wide unsealed shoulders both sides) with std 5.5 m wide verge each 22.0 side that includes a 1.0 to 2.5 m wide rip rap lined trapezoidal 6 (max.) drainage corridor both sides, and a 3.0 to 4.5 m wide utility in berm corridor both sides against ROW boundary. Water utility and street lighting assumed not applicable. 6

Source: SMEC 2017. ERAP Preliminary Design Report. Apia 18. Selected ROW Typical Cross Section Options. The LTA selected Option 1 for the urban area and Option 6 for the rural area. These are reflected in Figure 2 and Figure 3. During the ADB funded stage of the Project, LTA confirmed that Option 6 should be altered to suit a nominal ROW width of 16.0m instead of 22.0m. This was in order to further minimize resettlement impacts, as well as do minimal harm in the land corridor.

Figure 2: Typical Section Option 1 – Selected for Urban Area

Figure 3: Typical Section Option 6 – Selected for Rural Area

19. It should be noted that the road ROW is formed/to be formed as a series of straight lines. The straight lines are cadastral (or survey) boundaries that legally define the limits of the road reserve (the ROW). Because of this, and the winding nature of the road, the ROW width at any given point along the CCIR will vary from 16.0m wide, but typically be no less than this, yet 16.0m is not a minimum width. Widest ROW areas will typically be associated with sharp curves where greater width is needed. Other instances may include locations 7 where the existing or proposed new ROW is better suited to be wider to fit snuggly within existing private properties on each side, or where drainage outfall structures exist. Such practice is atypical for any given road ROW and clarifies why the term “nominal” (“nom.” for short) is commonly used when referring to ROW width i.e. nominal ROW width of 16.0m.

20. Under ERAP, MNRE were consulted regarding definition of a clear boundary between urban and rural areas of the CCIR. This was important to establish given the different physical components of the road upgrade for each of the two distinct road-use and adjacent development environments. Based on information provided by the MNRE, an urban/rural boundary of KM 4+420 was proposed by the road design consultant and approved by the LTA in 2016.

21. In order to upgrade the CCIR, a substantial utility service relocation exercise is required. This includes water, power, and telecommunications services. All these utility types exist within the current ROW of the CCIR but as the road will effectively be widened and realigned, these utilities will also need to be moved. At present, there is little-to-no consistency with utility placement relative to the roadway, so other than the necessity to move them for upgrading purposes, the Project also offers an opportunity to formalize a standard utility corridor arrangement for the project road ROW. This will not only aid immediate road upgrading, but will be beneficial for future utility maintenance, upgrade and new-installation plans as future potential for road-user disruption and road damage will be substantially reduced. To facilitate road upgrading, utility relocation will be undertaken by the road-upgrading contractor(s) as part of the civil works contracts. Utility relocation designs, documentation and cost estimates will be provided by the utility owners to the LTA.

22. Full utility relocation details will be provided in the civil works bidding and subsequent contract documents. Impacts on land acquisition and resettlement will be assessed and included in the Final RP or Updated RP. Notices will be placed in the LTA/EPC/SWA facebook page and other media outlets to indicate temporary disturbance prior to the cut-off date to avoid inconvenience for APs.

23. Rainfall runoff will be conveyed away from the road ROW to existing waterways via an integrated road drainage network. For the urban area this will include a network of newly designed roadside kerbed channels, drainage catch-pits, manholes, and connecting pipes to specifically located outfall structures. The stormwater main (mainline drainage pipe) will be on the east side of the road centerline, underneath the kerbline. Rural area drainage will include open-lined side drains on both roadsides. These will generally start and end at each outfall location, or localized high point in the roadside. They will include frequent use of ‘drop-structures’ (small rock rip-rap weirs) to control water runoff flow rates and thus minimize erosion. Frequent use of piped cross-drains located underneath the road carriageway and connected to open side drains and/or outfall locations on either or both sides will be a common drainage network feature. These will include ingress/egress structures for erosion and sediment control. Similarly, where vehicle crossings (from the road carriageway to private property) span an open side drain, small box-culverts will be provided. Outfalls in the rural area will typically feature a rock rip-rap mattress for erosion control within the road ROW area, conveyed to an open-lined ditch towards an existing waterway. All drainage design has and will proactively account for the impacts of climate change, including climatic risks such as extreme rainfall events.

F. CCIRUP Route and Affected Properties

24. Originally, the CCIR was a path (simple narrow track) directly linking the central southern coastal area to the central northern area of Upolu Island, where Apia is located. It was first surveyed and understood to have been declared a public ROW (gazetted) in 1942. It was again surveyed from 1963 to 1964, as Plan 2795 and 2796 but was not approved and 8 legally registered pursuant to Section 58 Taking of Lands Act 1964 as a legal ROW with the MNRE until June 1964. The current two lane surfaced road was believed to have been built in 1974. Overtime, it has been progressively upgraded to the existing road that it is, with changes also made to the legal ROW in isolated road sections, but with no apparent major changes to physical road alignment. Similarly, adjacent land development has changed over time relative to the existing physical CCIR alignment, rather than in strict conformance to legal boundary locations.

25. The LTA ACT 2007 legislates a standard 22.0m ROW for key arterial roads of Samoa, of which the CCIR is one of them. However, as alluded to above, both updating of the legal road ROW and adjacent property development has in many instances been haphazard and uncontrolled. Recent digital consolidation of both CCIR ROW plans and adjacent property lot parcels for the entire project road alignment (20km) has revealed that about 10% (2km) of the ROW is currently 10.0m wide, 20% (4km) at 15.0m wide, 65% (13km) at 20.0m wide, and 5% (1km) at wider than 20km. While most of the registered CCIR ROW is close to the LTA Act 2007 standard of 22.0m, about 32.5% (6.5km) of the existing physical road is located outside of the registered ROW corridor. This misalignment situation is commonplace over the last 10km i.e. from about the road crest in the highlands to the end point at the South Coast Road intersection in Siumu.

26. As previously mentioned, the LTA and ADB resolved to target a nominal ROW width of 16.0 m, thus minimizing both environmental and social i.e. resettlement impacts. The newly upgraded road will generally follow the centerline of the existing road and minor improvements will primarily be made for safety reasons. Because of this, the road centerline will be slightly shifted (improved) in both horizontal and vertical planes.

27. While there will be no need to resettle people or major structures e.g. houses as a consequence of the proposed upgrade, land parcel areas still need to be acquired by Government from private and customary owned adjoining lots in order to accommodate the new road access upgrade requirements. Existing privately-owned physical assets within the ROW (e.g. fence lines, hedges, trees, etc.) will also need to be removed or relocated.

28. In addition to land acquisition and removal/relocation of fixed assets, property owner agreement will also be needed for drainage outfall easements. Drainage easements are necessary for instances where road rainfall runoff needs to be conveyed to an existing waterway outside of the existing ROW. Three such easements are required for the first 3km, and numerous more for the remainder of the alignment.

29. Initial estimates under ERAP revealed that there were about 35 affected properties within the first 3km of the CCIRUP, and a further 35 for the next 8km (up to 11km). Impacts are higher in the first 3km as this is the most densely populated physically enclosed area, being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it is generally further away from the existing road, and it is dominated by the above mentioned large customary land area.

II. SCOPE OF LAND ACQUISITION

A. Overview of Land Ownership in Samoa and along the CCIR

30. The islands of Samoa cover a total area of 2,800 km² over two large (Upolu and Savai’i) and two small islands. Of this total land area, 81% is held under customary ownership, 15% by the government, and 4% as freehold. Dictated by blood connections, every Samoan male has rights to land that will provide him with a means to earn a living and support his family. This customary tenure can be challenging to deal with for development purposes as there may be several stakeholders involved in land related decisions and 9 boundaries may also be unclear. This can result in disputes which subsequently delay development projects. Land Tenure or categories under the Constitution Article 101 outline three types of ownership. These are reflected in Table 2.

Table 2: Land Ownership Types in Samoa

S. No. Land Type Description 1 Freehold Privately owned. Can be transferred, leased, mortgaged or otherwise. 2 Government Government owned/public lands. Can be leased and in certain circumstances transferred. 3 Customary Under customary ownership. Protected by the constitution for the "customs and usages" of the people of Samoa. Customary land is owned by the community in accordance with traditional custom and usage and may be leased but may not be otherwise sold or transferred. Expropriation by the Government for projects for the public benefit is permitted by law. Source: Constitution Article 101

31. Information regarding customary land boundaries are handed down through a family by word of mouth and in some cases mapping. A considerable proportion of customary land is communally owned land by villages and aiga (family). Customary land can be awarded through historic claims and by family genealogy and connections. Communal village land is governed by the village “Fono” (council) and is comprised of: (i) Village controlled customary land. Normally the undeveloped hinterland that is used by all members of the village; and (ii) Land allocated to each extended family member. For their houses or farming. Extended family land is allocated by the “Sao” (chief matai) in consultation with members of their extended family.

B. Scope and Rationale for Land Acquisition/Resettlement

32. Samoa's road network provides vital connectivity links that supports the country's development through providing access to economic activities and necessary services for the population. Yet this road network faces a range of vulnerability issues, including: (i) Coastal exposure to sea-level rise, storm surge and wave action during cyclones and other extreme events; (ii) Inland flooding and landslips during extreme rainfall events; and (iii) Road pavement deterioration due to extreme weather events and sporadic road maintenance regimes.

33. The CCIR is the main link connecting Apia to many of the main tourist attractions for locals as well as international tourists on the southern coast of Upolu. It also provides for the day-to-day well-being of the people residing along and to the south of the island, increasing their access to economic activities and social services in the main urban hub of Apia.

1. Land Use Dimensions of the CCIR

34. Land use is predominantly classed as urban for the initial 4.5 km. Most of the urban area is included in Package 1 (up to KM 3+127) and a further 1 km is included in Package 2 (up to KM 4+420). This road segment traverses three villages; namely Vailima, Avele and Vaoala. This section includes a mixture of residential, commercial, public facilities and government buildings. Commercial areas include hotels, restaurants and grocery stores. Community facilities including schools and churches and governmental institutions as well as the Secretariat of the Pacific Regional Environment Programme (SPREP), the Department of 10

Forestry, the Scientific Organization of Samoa, the US Embassy, and the New Zealand High Commission (NZHC). While much of the land along this segment is freehold, there are a number of customary land allotments scattered throughout.

35. The area between KM 4+420 and approx. KM 6+000 is relatively less built-up. From KM 6+000 to the project end point (KM 19+686) adjacent land use includes scattered residences, institutions, resorts, and mixed-use farmland. This section is considered to be classed as rural but for all intents and purposes KM 4+420 onwards is considered as a rural environment. Customary land is slightly more prevalent in the rural environment, with a distinct notable section from approximately KM 11+000 to the end point that is currently borderless according to cadastral mapping.

2. Current Road Concerns and Recent CCIR Improvement Efforts

36. Current road condition. The current state of the CCIR varies, but it is generally in poor condition. The first 3km was in a poor state, however, LTA did intervene in 2018 by commissioning asphaltic concrete road overlay works. This improved the ride quality of the road and in many cases, provided an additional width of trafficable carriageway. Some residents assumed that was in fact a result of the planned road upgrade itself, but it is only temporary in nature and in advance of the road upgrade works proper being implemented (the Project). Furthermore, some parts of this overlay have deteriorated with noticeable irregularities in the pavement. The CCIR is characterized by the following general description: (i) Urban residential area with a number of businesses scattered throughout, often close to the roads edge; (ii) Narrow traffic lanes that barely cater for two cars in some places; (iii) Steep and often unsafe large open drains in close proximity to the edge of live traffic lanes; (iv) No footpaths or places for pedestrians to walk safely. Many students walk dangerously along the road’s edge to go to school or a bus stop. This situation is made worse in the locations where large open side drains also exist; (v) Insufficient width and opportunity for safe vehicle overtaking. As is often the case, a slow-moving vehicle will cause traffic to back-up while awaiting such opportunity, or for the vehicle to depart the CCIR; (vi) Patchwork road surface repairs, both old and new. This often includes utility owners installing new services under the road without proper road pavement and surfacing reinstatement; (vii) Inadequate drainage along much of the road resulting in deluges of muddy water and even rubbish draining onto properties in the lower lying areas, as well as on to the road carriageway; and (viii) No formalized bus stopping areas. This results in buses stopping along the road when requested by passengers, which also causes traffic congestions at peak times.

37. Traffic. Based on traffic counts recorded at the same locations in 2007, 2013, and more recently in 2018 plus other socio-economic factors CCIR traffic is estimated to grow at a rate of 3.5% per annum. This growth in traffic indicates the importance of this road for commuters, and consequently its access and safety are critical. The 2018 traffic counts indicate that there are presently about 7,000 vehicles per day (vpd) using the CCIR in the built-up urban area of Apia and about 1,350 vpd for the remainder of the alignment. Heavy class vehicle (HCV) use of the CCIR is limited due its steep and winding gradient and 11 alternative routes of the West and East Cross Island Roads to the south coast from Apia in the north. The only HCVs regularly using the CCIR are the island’s distinctive buses1.

38. Climatic impacts. In December 2012, Samoa was struck by Tropical Cyclone Evan (TCE). TCE caused substantial damage and destruction to life and infrastructure, with some 4,250 people being temporarily displaced. Physical damage and economic losses to transport infrastructure, houses, and tourism facilities were estimated to be about $210 million. The CCIR was heavily impacted, as it was temporarily severed (cut-off) in several locations. One local resident along the broader stretch of the road noted the following challenge affecting his family during TCE in 2012: “My son was sick requiring a blood transfusion before the cyclone hit. I took him for treatment to the hospital but was not able to return home due to the road being cut off in several places”. In the period directly following TCE remedial efforts of the LTA restored road access by upgrading five severely affected road sections. These were implemented by the LTA as emergency works using several local contractors. The CCIR remains vulnerable to the impacts of climate change and climatic events. The highest climatic risks to the CCIR include extreme rainfall events and high mean annual rainfall2. The proposed road design will mitigate exposure of the CCIR to these risks.

39. Given the current poor condition of the CCIR, its narrow width, large number of traffic commuters, and a need to provide a safe and efficient access route to Apia for residents and visitors from the southern side of Upolu, the government seeks to rehabilitate and upgrade this critical road link. The CCIR remains a critical link for access to/from the south coast and Apia; especially as a direct-direction mode of travel to either coast or the high-elevation hinterland in the event of significant climatic event to either coastline or side of Upolu Island.

3. Measures to Minimize Land Acquisition Impact

40. Land acquisition and resettlement for the project will be carried out in compliance with the relevant National laws and ADB’s safeguards policy for acquiring land and other assets. Under ADB’s Safeguard Policy Statement, 2009, the policies require that: (i) Impacts are identified and assessed early in the project cycle; (ii) Plans to avoid, minimize, mitigate, or compensate for the potential adverse impacts are developed and implemented; and (iii) Affected people are informed and consulted during project preparation and implementation.

41. Thus, the strategy for the project is to avoid resettlement impacts wherever possible and minimize land requirements by confining the project’s construction works to a nominal ROW width of 16.0 m. This is the narrowest ROW width recommended for CCIRUP adoption. While no resettlement of people or major structures (e.g. houses) are required, it will nonetheless inevitably be necessary to formally acquire land and other assets for road widening, footpaths and raising of road embankments. To address these resettlement impacts, land and asset acquisition, this RP has been developed.

C. Summary of Impacts

42. There are 159 land lots that will be affected by the project. In order to minimize impacts on assets, land will be acquired on both sides of the road, with approximately 130,322m2 of land needed. The project will also require extending easement areas, totaling 6,021m2, however there will not be a requirement to change the ownership of this land.

1 SMEC, 2019. Economic Analysis Report, CCIRUP. Apia 2 SMEC, 2019. Climate Risk Vulnerability Assessment, CCIRUP. Apia 12

43. There are more affected lots within the 1st 3km of the CCIRUP, and for the next 8km (up to 11km) – as these lots tend to be small in size as they are in the urban area. Impacts are higher in the 1st 3km as this is the most densely populated physically enclosed area, being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it is generally further away from the existing road, and it is dominated by the above mentioned large customary land area.

44. There are no impacts on house structures, and as a result there will be no forced physical displacement. The majority of impacts to assets consist of fences and hedges, and a lesser extent productive trees and small structures. Considerable effort has been made to determine the ownership type of affected land lots, with roughly 60% of lots still to be confirmed. Once landowners have been confirmed by MNRE, then a detailed census and socio-economic survey of affected landowners and asset owners will be conducted – with the results presented in the Final RP and/or Updated RP. Table 3 provides a general summary of impacts due to the Project.

Table 3: General Summary of Impacts

Type of Impact Impact Nuisance effects Noise Dust Traffic delays Parking issues Safety Traffic with large trucks Occupational health and safety concerns – protective clothing on site Land acquisition Need to acquire area of land to extend the road and road edge to a nominal ROW width of 16.0 m Need to remove or relocate some hedges, fences, trees and a few temporary shelters i.e. roadside vendor stalls Local unskilled Local procurement recruitment policy can be built into CEMP and maintenance and semi-skilled – opportunities for labor, catering, cleaning and roadside maintenance labor opportunities

45. Table 4 provides a summary of indicative resettlement impacts due to the Project.

Table 4: Summary of Indicative Resettlement Impacts

Type Category Subcategory Unit Quantity Impacts Affected Land Lots No. 159 Land Acquisition Freehold sqm 36,744 Government sqm 8,360 Customary sqm 7,249 TBC sqm 77,978 Total land to be acquired sqm 130,322 Easement Freehold sqm 1,401 Government sqm 1,615 Customary sqm 358 TBC sqm 2,647 Total land to be used for sqm 6,021 new easements Incoming Lots with affected productive Productive Flora No. 22 Earning trees and crops 13

Assets Small shelters e.g. road-side Productive No. vendor shacks TBC Private property business Structures No. TBC purpose carparks Other Garden e.g. small trees, Assets Ornamental Flora bushes, ferns, flaxes, flower sqm TBC beds, etc. Non-productive Fences No. 78 Structures Fence – chainlink mesh lm 12238 Hedges No. 124 Hedge – hibiscus & other lm 4588 plant types Minor structures No. 5

Monuments, tombs, graves Historical/heritage No. 0 or heritage sites sqm = square meter, No. = number, lm = lineal meter. Source: Consultant/LTA/MNRE estimate 2019

D. Impact Assessment

1. Overview

46. No severe impacts have been noted to date, and no further ones are expected throughout implementation of the Project. While residents and commuters alike will experience some nuisance, safety and income generation impacts (e.g. roadside vendors) during the implementation phase of the project, all those consulted emphasized that the upgrading of the road was their priority. They requested that it be upgraded as soon as possible. 47. Resettlement (relocation of people and/or major structures such as houses) has been avoided in the CCIRUP, and the majority of negative impacts will be able to be relocated elsewhere or rebuilt. 2. Impact on Land and Vegetation

48. The following types of land will be required for the CCIRUP: (i) Type 1 – Permanent acquisition of land. For construction and operation of the CCIRUP; (ii) Type 2 – Temporary occupation of land. For the construction of the CCIRUP. This generally includes land parcels that are within the confines of a private freehold or customary land cadastral boundary, but that are physically located within the visible ROW. For example, where an existing fence line is located well within a property lot rather than at the formal boundary line. In such instances, road civil works would occur up to the fence line rather than boundary line. Another example of temporary occupation is where proposed vehicle crossings will need to be graded further into the affected property; (iii) Type 3 – Permanent return of land. This is land desired to offset losses/impacts from other locations that may have previously been acquired for the ROW however was not utilized. This is due to the road not following the ROW in some areas. LTA is responsible for the acquisition/expropriation process for this type of land. There are some examples of this type of land in the southern section of the alignment where the existing physical road does not follow existing cadastral boundaries/ROW. Legal advice was sought from MNRE and the GOS has indicated that this will be addressed prior to the commencement of the project; and 14

(iv) Type 4 – Easements for drainage outfalls. These do not require formal acquisition i.e. complete ownership by/transfer of land title to the government but do require granting of certain access rights by the incumbent property owner to the government for purposes of installing and thereafter maintaining the outfall and all associated infrastructure. Drainage easements apply to both freehold and customary lands.

49. Needs for land acquisition and removal of vegetation is limited to the periphery of the existing CCIR and in many cases for land, due only to the fact that the existing ROW is inconsistently established to begin with. For example, in some instances the existing ROW is as narrow as about 10.0m. Relatively minor needs for land acquisition and removal of vegetation relate to road realignment improvements for safety reasons. 50. A number of land easements for drainage outfalls will be required but their impact is minimized due to the fact that: (i) The entire urban area (1st 4.5km of the project alignment) will be drained through buried piped outfall structures terminating at the edge of the deeply incised Vaisigano River ravine; and (ii) The entire rural area will predominately drain to existing open field areas where water can easily be conveyed as overland flow to existing waterways. In some instances, formed V-ditches will be required within these privately- owned fields to encourage positive flow of road rainfall runoff towards the intended existing waterway. In such instances a formal easement may however not necessarily be required.

51. Due to current poor road condition, narrow width, and safety concerns residents have overwhelmingly indicated that an upgraded road is of utmost importance, to the residents and commuters as indicated in the responses throughout the Minutes of the public meeting in Appendix 1. Hence the road upgrade is recognized by the respective communities to bring a positive impact. 3. Impact on Structures

52. Privately owned fixed assets will also require removal. In some instances, such as for simple chain & wire mesh boundary fences, these may alternatively be relocated. These assets may already be within the existing ROW or outside of it. Commonly occurring existing fixed assets that will require removal include: (i) Fence lines of various forms e.g. chain & wire mesh, ornamental, concrete block, agricultural, and hedges. Fences range from barbed-wire fences to corrugated iron, mesh wire, chain-link, and concrete block fences. They also include a number of hibiscus hedge fences; and (ii) Temporary structures i.e. small road-side vendor shacks.

4. Impact on Income Generation

53. Most impacts on income generation have been cited as positive after the initial construction of the CCIRUP. These impacts are largely of a temporary nature and relate to the nuisance effects of the CCIRUP implementation. Income related impacts also relate specifically to commercial businesses along the road. 54. Key impacts on income generating capacity of residents and businesses are likely to be as follows: (i) Farm produce transportation. Those farming communities on the southern side of Upolu will during construction face temporary disruption in transporting their produce to Apia markets. This will mean a longer drive through the Alafa’alava Road. A notice will be prepared if temporary closure of the CCIR 15

is required during construction with the suggested detour through Alafa’alava Road. This will provide detour information as well as inform residents along this detour road of the potential heavier traffic. This impact will be minimized through sound temporary traffic control (TTC) practices of the civil work contractor/s, as supervised and regularly monitored by the construction supervision consultant (CSC) and LTA. Heavy trucks currently avoid the CCIR due to its steepness and safety concerns, hence this will be of limited concern; (ii) Clientele Visits. Disturbance along the road during construction may deter clients from visiting businesses such as shops, accommodation (hotel and motels), and restaurants. This is particularly relevant for Package 1. This impact will be minimized in the same manner as explained above i.e. through sound TTC. Additionally, the contractor/s will be required to maintain access to such businesses during normal operating hours, and to closely coordinate and agree to any required temporary closures; and (iii) On-street parking. Due to the currently informal nature of the CCIR regulations, road users are more or less free to park on the roadside in any given location. This will not be possible in many locations following the upgrade, especially so for within the urban environment where a continuous unmountable kerbline will be installed on either side (the rural environment will, conversely, include 2.0 m wide unsealed shoulders, although roadside parking is not the intent of shoulder provision). Restricting roadside parking is however seen as a major benefit to the Project as it mitigates safety concerns associated with sporadic on-street parking practices. An additional income loss mitigation measure is to also replace what has been termed by the road designer as commercial crossings as ‘like-for-like’ i.e. those businesses that currently have a wide CCIR frontage together with off-street parking, will be maintained as such.

55. The following are positive income impacts of the CCIRUP on income generation: (i) Rapid income loss recovery. With improved road conditions, the local businesses will recover losses in the short term as people will rapidly resume travel to the area once the road conditions improve. In fact, the road upgrade may bring in increased clientele; (ii) Farm produce transportation improvements. Those farmers who transport small amounts of product to Apia markets from Siumu and other local areas will have an improved road to travel. This is considered important by respondents as they currently consider the road a safety concern as well as causing considerable wear and tear on their vehicles which are often purchased second hand. The Siumu community indicated that they carted produce such as taro, coconuts and fish to local markets as well as to the Apia market. They also export some taro which must be packed safely in a container in Apia. Hence an upgraded CCIR can assist in improving the cost effectiveness and efficiency of income generating activities; and (iii) Enhanced visitor perception. With improved road conditions, tourists will have a more comfortable travel experience to the resorts on the southern coast, and potentially a better perception of Samoa.

5. Income Opportunities and Restoration

56. During the construction stage vulnerable APs will be given preference over other recruits to become engaged in project activities suitable to their skills. In order to make the APs employable, LTA will identify required skills for construction activities prior to commencement of the civil works and identify an experienced consultant to conduct the

16

training to men and women that are interested. Note that such training will follow the specific scope of works. The civil works contract document will include a provision for local procurement opportunities under the social safeguard requirements and encourage both men and women to apply. 6. Impact on Common Property Resources

57. The customary land in the villages comprise the common property resources forming the basis of a communal benefit system. There is a strict code of controls, management, utilization and access under the auspices of the chiefly (matai) system. While the road development will need to purchase lengths of customary land along the existing road, the final decision for this land acquisition will be made by the paramount chief of the relevant village, rather than the land resident. Consultation with customary landowners suggested the following actions are important to ensure that land acquisition of customary land operates seamlessly: (i) Respect and follow cultural protocols. Ensure that cultural protocol is maintained during construction. That is: consult with community pulenu’u (mayor) and matais (chiefs), letting them know what land is required, progress is being made or any constraints that may affect the community; Curfew times within villages must be observed and respected. (ii) Customary leader site visit(s). This includes bringing the customary leaders to the proposed affected areas and gaining their insights into land acquisition requirements, where signage, bus bays, solar lighting, road humps and other potential safety features during design to ensure that their inputs are included. Once the customary leaders approve the land acquisition, the decision is final and cannot be overturned; and (iii) Security. Where possible, utilize community members for such roles as security, unskilled and semi-skilled labor roles in road construction. Stow construction equipment below pulenu’us place in Siumu for safe keeping.

7. Gender impacts

58. Men and women have quite different travel patterns, modes of transport access and utilization of infrastructure. This has been showcased through this proposed CCIRUP to also be the case in Samoa. For example: (i) More women than men use the buses that commute along the CCIR to Apia (bus drivers 2018); (ii) Safety concerns exist in terms of use of road, transport methods and personal safety concerns. This is further discussed in the Rapid Gender Assessment; (iii) Employment in terms of local construction opportunities are more likely to favor men. However, there are some areas that women can also contribute through such avenues as: food catering services; cleaning services and roadside maintenance. Note that few vendors have stalls (approximately 1-3) along the CCIR and these sell farm produce and are managed by any available family member. The roadside stalls are not the favored means to sell produce in this area; (iv) In terms of freehold land, payment will go to the owner. Under customary land ownership, land is registered under the Chief of the day or Chief (extended) of the family (aka in Samoan – Sa’o). Given there are no female chiefs in Siumu the male chiefs will receive the immediate compensation, and women’s interests are protected under the village system; and (v) Communities along the CCIR have reiterated the importance of using local labor for construction. Foreign companies are not favored unless they speak English and respect the fa’a Samoa. This will not only provide local 17

procurement opportunities but also decrease the risk of spreading such diseases as STDs including HIV/AIDS.

III. SOCIOECONOMIC INFORMATION AND PROFILE

A. Overview of Socioeconomic Information on Affected People

59. A socioeconomic profile has been developed. It is reflected in the separate Initial Poverty and Social Assessment (PSA) and is recommended to be read in association with this RP. However, a summary of key socio-economic variables relevant to the CCIR residents which will include those APs is summarized below in Table 5.

60. While the exact number of affected persons along the CCIR is not yet known, until land ownership type and records is completed, based on the final design, those directly affected by loss of land, and assets will be kept to a minimum by only taking the basic ROW to 16m2.

Table 5: Community Characteristics

Land Ownership

S. Predominant Households Customary (familyunits) Freehold (Individual) Government Population Male Female Persons with Disability

No. Community Churches

1 Leufisa 34 235 112 123 CCCS 15 19 2 Tanugamanono 133 855 433 422 CCCS/Methodist 65 63 3 3 Nafanua 51 374 193 181 Methodist 49 4 Papaloloa 38 257 124 133 AOG 8 27 3 5 Papauta 55 431 184 247 CCCS/Methodist 21 34 6 Vailima 129 825 418 407 CCCS/CCJS 65 62 2 7 Avele 62 407 199 206 36 CCCS/RC 21 39 2 8 Letava 103 591 297 294 Apostolic 29 72 2 CCCS/RC/ 9 Vaoala 180 952 468 484 21 39 138 3 Baha'i/LDS 10 Tiapapata 44 150 81 69 Baha’i 3 40 11 Malololelei 54 258 132 126 5 47 1 12 Afiamalu west 31 53 29 24 19 12 13 Afiamalu east 10 147 78 69 8 2 14 Tiavi 1 8 6 2 1 15 Siumu 178 1184 621 563 37 LDS/AoG/Meth 146 32 16 Siumu Uta 49 304 156 148 LDS/AoG/JW 40 9 1,152 7,031 3,531 3,498 94 1,146 484 646 16 AOG = Assemblies of God, CCCS = Congregational Church of Samoa, CCJS = Congregational Church of Jesus in Samoa, LDS = Latter Day Saints, RC = Roman Catholic. Source: Census 2016, p363

3 http://www.sbs.gov.ws/index.php/new-document-library?view=download&fileId=2337 18

B. Occupation and Income

61. Affected persons cover a wide variety of occupations. This area has less unemployment than most other areas across Samoa, especially those residing along the peri-urban section of the road. With close proximity to Apia the unemployment rate is only approximately 4-6 percent among the CCIR population (Samoa Socio-economic Atlas 2011).

62. While specific data is not available pertaining to the income levels of the CCIR residents, the proximity of the 1st 5 kilometers of the road to Apia can suggest that at least 41 percent of those living directly on the CCIR or nearby are situated in the highest wealth quintile, as shown in Table 6 below (Samoa Bureau of Statistics 2015). Furthermore, the MOF Quarterly Review No.77. 2018, suggests that the annual GDP per capita in Samoa in 2016/2017 reached SAT$10,467, the highest recorded. Given the cost of freehold land and the affluence of the households and businesses along at least the 1st five kilometers of this road, it is likely that the annual GDP per capita of a significant percent of local residents (including CCIR APs) may be significantly higher. Furthermore, with a number of embassies, international organizations (for example, SPREP), large churches and educational facilities along the 1st 5 kilometers of the road, there are considerable income generating facilities contained.

63. However, also situated along the CCIR are a number of households that predominantly carry out farming activities in rural areas (especially subsistence farmers and some employed by church farms) as well as the smaller retail outlets which are likely to have limited incomes. In rural communities such as Siumu, household income can average between $150 -$400 a week (VGA consultation 2019). Consultation with a women’s group of fourteen Siumu women reported: that none of them worked full-time; and two were Female Headed Households (FHH), suggesting a percentage of CCIR stakeholders also fall within the lower wealth quintile.

64. While these women may not be directly impacted by CCIRUP, they are important to consider for livelihood development opportunities generated by the CCIRUP.

Table 6: Wealth Quintiles Wealth Quintile Residence /region Lowest Second Middle Fourth Highest Total Population Residence Urban 4.9 8.9 13.6 29.0 43.6 100.0 4,803 Rural 23.5 22.7 21.6 17.9 14.3 100.0 20,172 Region Apia Urban Area 4.9 8.9 13.6 29.0 43.6 100.0 4,803 North West of Upolu 21.7 18.8 19.9 17.9 21.8 100.0 8,493 Rest of Upolu 24.3 26.3 22.4 17.9 9.1 100.0 6,039 Savaii 25.5 24.7 23.2 17.8 8.8 100.0 5,641 TOTAL 20.0 20.0 20.0 20.0 20.0 100.0 24,975 Source: Samoa Bureau of Statistics, 2015

C. Health and Education Services

65. The CCIR provides access for the southern coastal villages to the main hospital and the majority of schools especially high schools which are based within or near Apia. While there are several clinics scattered throughout villages, the access to doctors and health care is through the hospital in Apia. The CCIR is an important access route for many to these facilities.

66. A few schools are located along or proximate to the CCIR. The Vailima Primary School situated on the roads edge in Vailima is the most affected school on the CCIR. It has 19

352 students many of whom travel by bus to school. These children currently face safety concerns as there is no safe bus or car stopping bay near the school.

IV. LEGAL POLICY FRAMEWORK AND ENTITLEMENTS

A. Introduction

67. The government has limited power of ‘eminent domain’, which is the power of the government to take private property and convert it for public purpose. This section outlines the relevant legal and regulatory environment in Samoa which sets the mandate for involuntary land acquisition, consultation and negotiation, compensation entitlement, and grievance resolution. 68. This chapter briefly discusses: (i) The key laws, regulations and policies as they are applied to land acquisition for public development projects; (ii) The legal and policy commitments as applied to LTA as the implementing agency for the different types of land acquisition and/or displaced persons; (iii) Gaps between national laws and ADB operational policies; (iv) Evaluation of land/asset compensation which also outlines the principles and methodologies to determine valuations and compensation rates at replacement cost for land, assets, incomes and livelihoods. The compensation and assistance eligibility criteria as well as how/when compensation will be provided; and (v) The land acquisition process with a proposed schedule for meeting identified requirements.

B. Government Land Acquisition Legislation

69. The key legislative instruments relevant to the CCIRUP activities and consequently environmental and social safeguards pertinent to the CCIR are briefly summarized in Table 7.

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Table 7: Government Legislation and Policies Relevant to Social Safeguards Legislation Key Principles Relevant Mechanisms The Constitution Article 102 of Constitution authorizes (under an Act of Parliament) the taking of any customary Does allow for compulsory acquisition for public land or any interest therein for public purposes, hence the TLA 1964. purposes with the following provisions:  Compensation payment within a reasonable timeframe.  Right of access to the Supreme Court regarding amount of compensation.  Right of appeal to the Supreme Court. Taking of Land Establishes the taking of lands for "public purposes" (i.e. taking of freehold or customary land). Once land is identified for acquisition a survey and plan Act 1964 is carried out to properly identify the land to be taken. Subsequently, reasonable notice must be given to the owner or occupier of freehold land or the matai who has the authority over customary land. This Act mentions easements - a proclamation is the basis for acquiring an easement. Public notice of 28 days is allowed for any objections. It also provides for compensation entitlements (s11, 25, 37). If no written objection is received, the Minister may take the land by Proclamation. Property Law  Part IX deals with easements and provides for easements in gross (s122)8; Act 1952  Power of the courts to modify or extinguish easements (s127); and  Permission for the court to impose easement for encroachment (s129). Land Titles Regulates the property title registration system and rules for land transactions: This Act does not apply to customary land (customary Registration Act  Part 9 details easements and deed of restriction due to easements; and lands cannot be registered) but it does apply to 2008 registration of leases and licenses of customary lands.  Part 13 outlines government compensation. (and regulations) Terms also describe landowner responsibilities to minimize disturbance over the land and to restore the land, as nearly as practicable to its original condition: Includes the type of water allowed to flow across/under the land, how infrastructure (such as drainage pits, open  Section s67(3) allows a deed of restriction to be registered; and channel drains) can be maintained and accessed, and  Section 68-69 details the procedure for the release, modification and extinguishment of responsibility of dominant tenement to restore the land to easements and restrictions as to user. its original condition after any service or maintenance.

Easements must be registered to be considered legally valid Survey Act 2010 Requires existing and proposed easements (either easements in gross, or dominant or Clear inclusions for design mapping (and servient tenement) to be clearly shown on a survey plan (s19, 24). 21

Legislation Key Principles Relevant Mechanisms regulations) Taking of Land The Act is silent on easement or ROW, permitting the leasing and licensing of customary lands May add an element of ambiguity into negotiations for Act 1964 for certain authorized purposes. Any issue on easement would come under discussion for customary land acquisition terms and conditions for lease agreement.

Land Transport “41. Road Reserves- A number of clauses which are specifically pertinent and Authority Act (1) Subject to subsection support the RP. 2007 (2), the area along the length of a national road being 11 metres on each side of the centre points of the carriageway shall be deemed to be a road reserve for the purposes of this Act. (3) Where a surveyed boundary of privately owned land adjoining a national road is within the 11 metre area on either side of the centre point of the carriageway, the road reserve shall extend only up to the line of that boundary.” “43. Regulations relating to national roads - Regulations may be made: (a) varying the dimensions of the road reserve … (e) to prescribe means by which disputes over the existence of road reserves, or by competing users of road reserves, may be resolved.” “48. Compensation- (1) Regulations may be made prescribing the payment or assessment of compensation to be paid as a result of any land being acquired for the purposes of this Part...” “52. Powers of the Authority in relation to the use of roads, road reserves, bridges etc (f) approve the use of any road reserve, including for the provision of utility services...” Land Valuation Deals with the practice of land valuations and relevant valuation requirements for the Valuations for the same area of freehold or customary Act 2010 registration and licensing of qualified land valuers. land are guided by current market value overall. Samoa Code of Set up to improve environmental management of all publicly-financed works in the planning, Mandates LTA’s activities in carrying out Environmental design and implementation stages - guide and control the ways in which environmental environmentally-sound practices included in Practice aspects of all civil engineering works and the private sector are managed and addressed environmental management plans of design, construction (COEP) and maintenance phases of a road project.

The COEP should be introduced and implemented before the first phase works begin - a condition of project effectiveness. The Lands, Includes the process for the taking of government land, including functions of the land board in Government land is a subclass of public land which is not Surveys and administration, management, development, settlement, protection and care of government set aside for any public purpose and includes land which Environment Act lands. has become the property of the Government to be leased 1989 out for certain purposes such as for farming, residential

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Legislation Key Principles Relevant Mechanisms and commercial or industrial purposes. Survey Act 2010 In Samoa, land within five meters of a natural watercourse (Survey Act 2010) is public land over whose property it flows upon and maintenance of the watercourse is therefore the There are a variety of controls under this Act on both responsibility of the government. The foreshore reserve is also five metres (Lands Survey & leases and sales of Government land. Environment 1989)

Planning and 18. Consultation-(1) The Agency shall consult with all stakeholders where possible and shall Purpose of development planning such as roads – must Urban provide them with all relevant information on the environment of the planning area inform and consult with affected landowners. Management PART VI COMPENSATION. Right to compensation-(1) The owner or occupier of any land Supports rights of owners to compensation for Taking of Act 2004 may claim compensation from the Government for financial loss suffered as the natural, direct Land for roads. (public and reasonable consequence of – (a) The land being reserved for a public purpose under a participation) sustainable management plan. 65. Taking of Land Act 1964 to apply - Part III - any necessary adaptions and changes, applies to the determination of compensation. Ministry of 39. Designating public roads and road reserves – “(d) Subject to subsection (3), the area A number of terms pertinent to the road reserve of 11 Works Act 2002 along the length of the road being 11 meters on each side of the centre points of the metres each side of the middle line. carriageway shall be deemed to be a road reserve...” 42. Identifying areas required for roads, drains, bridges and seawalls – “(1) The Minister Compensation in support of Taking of Lands Act 1964. may make written determinations specifying areas of land required for road development or for the construction or development of other public assets...” 43. Restrictions on using areas required for roads, etc. – “(1) No person, without the prior written consent of the Minister, may erect, alter or extend any building or structure of any description on land to which section 42(1) applies...” 45. Compensation – “(1) The Head of State, acting on the advice of Cabinet, may make Regulations concerning the payment or assessment of compensation to be paid as a result of any land being acquired for the purposes of this Part...” “(2) Regulations made under subsection (1) shall relate specifically to the compensation implications of road development...notwithstanding that they may conflict with any provision of Part III of the Taking of Land Act 1964.” “(3) The Minister may, after consultation with the Minister responsible for Agriculture and the Minister responsible for Internal Affairs, approve a scale of compensation to be paid in relation to the destruction of any plants or crops caused due to road development or the development of other public assets to which this Act applies.” “(4) No action may be maintained in any court for compensation relating to the destruction or removal of plants and crops which exceeds the amount prescribed in the scale of compensation approved under subsection (3), as it applies at the relevant time.” 23

Legislation Key Principles Relevant Mechanisms Water  “the sustainable management of the water resource through coordinated and scientifically Management of outfalls for the purpose of road Resources sound planning of water resource development and regulated water utilisation for all sustainability Management lawful purposes;” Act 2008  “Require that certain matters relating to the water resource be considered in the Management of underground water drainage networks assessment of environmental impacts of proposed developments required under the Environment Impact Assessment requirements applying under the Planning and Urban Management Act 2004, and any other applicable law;”  “State control of water resources-(1) The sole right to permit the use of water……..and to otherwise manage and control such waters, remains vested in the Government;” and  “The Ministry shall have the right to use the water resource for any purpose associated with the protection or management of the environment, where such use is consistent with the Samoa Water Resource Management Plan.” Samoa Water  “To erect or make use of, on or under any roads, ways or other public or other places and Relevance associated with road design as well as Authority Act any buildings, structures, machinery, manholes and other entrances, light and lamp holes, outflow management. 2003 ventilating grids and such other works and things for the efficient sanitary drainage of any locality, or for the supply of water thereto in accordance with law;”  “To utilise any natural watercourse for the discharge of overflows from any of its facilities, in accordance with law;” and  “To purchase or otherwise acquire and maintain such personal and real property, easements and rights of way as the Authority may deem necessary for the furtherance of its functions.” Customary Land Amends: Provides for establishment of Customary Land Advisory Advisory The Alienation of Customary Land Act 1965 31 December 2014[LEX-FAOC035512] to a small Commission which will: Commission Act extent.  Recommend to Cabinet measures to facilitate, 2013 encourage and promote the economic use of customary land in Samoa; and  Review all laws affecting customary land in Samoa and recommend change to Cabinet to facilitate, encourage and promote the economic use of customary land. COEP = Code of Environmental Practice, LTA = Land Transport Authority, RP = Resettlement Plan. Source: Relevant Acts & Regulations; West Coast Road LARF; Consultant’s World Bank funded ERAP draft resettlement document. 24

C. Government Legislative Compatibility to ADB Safeguards Requirements

70. While land tenure in Samoa is based predominantly on customary land (81%) with a small yet growing freehold land proportion, the national laws and regulatory framework are consistent with the principles as described under the ADB’s Safeguard Policy Statement, 2009. Table 8 highlights the main pertinent legislation to land acquisition necessary for the CCIRUP as well as its compatibility/comparability to the ADB’s Safeguard Policy Statement, 2009. Table 8: Government Legislative Compatibility to ADB Safeguard Requirements

Policy gap filling Government Legislation ADB Safeguards Comment measures Part IIA Taking of Land Act  Avoid adverse impacts of projects on They support Requires explicit 1964 (TLA) Section 24F the environment and affected people, each other in efforts to note the following ‘…..the where possible. minimising recognize and Minister or his officers,  Minimize, mitigate, and/or damage in address negative workers or others by his compensate for adverse project taking land yet impacts on direction shall do as little impacts on the environment and under GOS livelihoods of APs damage as may be …..’ affected people when avoidance is legislation – in particular not possible. there is no – local provision procurement and specifically for maintenance livelihoods resettlement TLA Part IIA Section 24F: Improve, or at least restore, the No provision Requires explicit Any estate owner suffering livelihoods of all displaced persons specifically for efforts to from land acquisition shall ‘ through. livelihoods – recognize and …..be entitled to full  land-based resettlement strategies however land address negative compensation to be when affected livelihoods are land compensation impacts on ascertained in the same based where possible or cash can support livelihoods of APs manner as compensation for compensation at full replacement ADB – in particular land taken under Part III of value for land when the loss of land Safeguards – local this Act’ does not undermine livelihoods. procurement and  prompt replacement of assets with maintenance access to assets of equal or higher value.  prompt compensation at full replacement cost for assets that cannot be restored.  additional revenues and services through benefit sharing schemes where possible. TLA Section 14 stipulates  Carry out meaningful consultations While Consultations ‘public notification and with APs, host communities, and consultation is should follow ADB specifically requires direct concerned NGOs. stipulated in safeguards notification of each owner,  Inform all displaced persons of their both, GOS fall policies regarding occupier and person having entitlements and resettlement short in the consultations an interest in the land’ or options. timing, the their agent. depth and the  Ensure their participation in planning, target implementation, and monitoring and audience. evaluation of resettlement programs. ADB is more Particular attention to the needs of inclusive of vulnerable groups, especially those below vulnerable the poverty line, the landless, the elderly, people who women and children and those without may or may legal title to land and ensure their not be the participation in consultations. legal owners 25

Policy gap filling Government Legislation ADB Safeguards Comment measures Compensation TLA Part III – Section 25 – Improve, or at least restore, the livelihoods GOS does not Include efforts to the right for ‘full and just of all displaced persons through include any improve livelihood compensation for all affected  Land-based resettlement strategies explicit opportunities for people’ – basis for when affected livelihoods are land consideration vulnerable groups determining value of based where possible or cash of livelihoods – including local affected land compensation at replacement value in determining procurement and for land when the loss of land does compensation maintenance. not undermine livelihoods.  Prompt replacement of assets with Compensation for access to assets of equal or higher customary land value. will follow  Prompt compensation at full Samoan protocol replacement cost for assets that and ADB policies cannot be restored. of replacement value  Additional revenues and services through benefit sharing schemes where possible. Displaced persons only Displaced persons: ADB much Livelihoods those with formal legal rights  With formal legal rights to land; and more inclusive clauses will be to land – includes addressed  Ensure that displaced persons those APs through local without titles to land. without legal procurement, Or any recognizable legal rights to land rights as well maintenance and are eligible for resettlement assistance and as non-land potential compensation for loss of non-land assets. assets. entrepreneurial opportunities

ADB policies regarding inclusion of those without formal legal rights to land will be followed Legislation allows for Provide physically and economically ADB takes No resettlement compensation - not displaced persons compensation or transitional transitional assistance with needed assistance, including the to include assistance following: moving and/or required in this  If there is relocation, secured tenure transitional project. to relocation land, better housing at assistance Temporary local resettlement sites with comparable where procurement access to employment and production applicable. opportunities and opportunities, integration of resettled relevant hands on persons economically and socially training will be into their host communities, and provided to extension of project benefits to host affected communities. communities.  transitional support and development Further training assistance, such as land. can be identified development, credit facilities, training, on a case by case or employment opportunities. basis.  civic infrastructure and community services, as required. Broad definition of impacts Impacts – direct economic and social ADB extend Addressed as is regarding taking of lands impacts as well as impacts on the impacts to pertinent, standards of living of displaced persons. include however impacts on standards of living standards of will not be living. affected 26

Policy gap filling Government Legislation ADB Safeguards Comment measures TLA Section 28 – fair Improve, or at least restore, the livelihoods ADB extends No displaced compensation for all of all displaced persons through land- terms to persons however displaced people based resettlement strategies when include additional efforts affected livelihoods are land based where livelihoods considered to possible or cash compensation at replacement include activities replacement value for land when the loss /supports. that strengthen of land does not undermine livelihoods. livelihoods of vulnerable APs will be considered TLA Sections 52, 53 and 54 Land-based resettlement strategies when Government No additional provide for the exchange of affected livelihoods are land based where and ADB is action required land as compensation in part possible or cash compensation at comparable of in full – ‘…..for the land replacement value for land taken and the damage done if compensation for the same were made wholly in money…’ TLA section 14 and 14b  Screen the project early on to identify Government No further action require public notices to be past, present, and future involuntary and ADB required ‘sent to each landowner, resettlement impacts and risks. policies occupier or persons having  Determine the scope of resettlement consistent – an interest in the land’ planning through a survey and/or identify DPs stating governments census of displaced persons, early and proposal to take the land including a gender analysis, setting cut-off and the public purpose for specifically related to resettlement dates for taking the land. Affected impacts and risks. compensation people can give written determination. notice of objection to the  Inform all displaced persons of their CEO within 28 days of the entitlements and resettlement first public notice. Section 37 options. stipulates a cut-off date for  Ensure their participation in planning, the calculation of implementation, and monitoring and compensation evaluation of resettlement programs. TLA Section 28 stipulates ‘Pay particular attention to the needs of ADB much Livelihoods who can make claims: vulnerable groups, especially those below more inclusive clauses will be the poverty line, the landless, the elderly, addressed  Any person (including – includes women and children, and Indigenous those APs through local executor or Peoples, and those without legal title to procurement, administrator) who without legal land.’ rights as well maintenance and possesses or are potential entitled to lands or as non-land assets. entrepreneurial estate or has an interest opportunities therein, whether they have or do not have the power to sell and convey the same.  Any such claim on behalf of beneficiaries, infants or mentally defective persons may be made by a trustee, guardian or committees  If the beneficiary, infant or mentally defective person does not have a trustee, guardian or committee in Samoa, the Public Trustee shall be deemed to their trustee, guardian or committee… 27

Policy gap filling Government Legislation ADB Safeguards Comment measures N/A The full cost of resettlement activities No equivalent Not required as required to achieve the Project objectives clause on the no resettlement are included in the full cost of the Project – government like the cost of other project activities are policy and treated as a charge against the economic needs to be benefits of the project. Resettlement integrated into components need not be economically RP if relevant. viable but must be cost effective. N/A Pay compensation and provide other No equivalent Not required as resettlement entitlements before physical clause on the no resettlement or economic displacement. government Implement the resettlement plan under policy and close supervision throughout project needs to be implementation. integrated into RP if relevant LTA Section 27 2(b) The  ‘Land-based resettlement strategies GOS does not Include efforts to value of the land shall, when affected livelihoods are land include any improve livelihood subject as hereinafter based where possible or cash explicit opportunities for provided, be taken to be the compensation at replacement value consideration vulnerable groups amount, which the land if for land when the loss of land does of livelihoods – including local sold in the open market by a not undermine livelihoods. in determining procurement and willing seller on the specified  prompt replacement of assets with compensation maintenance. date. LTA also stipulates access to assets of equal or higher that compensation shall be value. full and fair.  prompt compensation at full replacement cost for assets that cannot be restored. ADB = Asian Development Bank, AP = affected person, NGO = Nongovernmental organization, TLA = Taking of Land Act 1964, RP = resettlement plan. Sources: Adapted from Consultant’s World Bank funded ERAP resettlement document; Gap Analysis of National Legislation West Coast Road 2015; ADB’s Safeguard Policy Statement, 2009.

D. CCIRUP links to Involuntary Resettlement and Compulsory Land Acquisition

71. Following a description of the Acts and any gap filling measures required in Table 8 above, the steps to acquiring all types of land is elaborated in more detail in Table 10 under Resettlement Implementation Steps. As indicated previously, following the preliminary road design, it has been determined that there will not be a need for resettlement. However, there will be a requirement to acquire parcels of land along both sides of the road’s edge. Specific aspects of the abovementioned legislation in Samoa relevant to the acquisition of land parcels for the CCIRUP include: (i) Key legislation in Samoa relevant to involuntary resettlement and compulsory land acquisition include the Taking of Land Act 1964, the Lands, Surveys and Environment Act 1989 (LSE Act), and the Codes of Environmental Practice (COEP); (ii) The Taking of Land Act 1964 establishes the taking of lands for "public purposes" (i.e. taking of freehold or customary land) Leases of public land and customary land are administered by MNRE and are based on standard terms. The Minister of Lands is appointed by the Taking of Lands Act 1964 to act for and on behalf of all beneficial owners in signing a lease for registration; and (iii) The Customary Land Advisory Commission Act 2013 provides a support for the use of customary land where there are links to economic development or income generation. 28

V. LAND AND ASSETS EVALUATION AND COMPENSATION AND ENTITLEMENTS

72. This chapter describes the major aspects of determining the compensation for acquiring land for the road enhancement. The Land Registrar is empowered by Section 15 of the Land Titles Registration Act 2008 to register all public land, freehold land, or customary land that is leased or alienated. There is also provision for the Registrar to record and register any customary land where the pule (local traditional authority) or authority over it has been established.

73. In the case of easements, the MNRE Chief Valuer has the task, on a case-by-case basis, to assess the value of the proposed easements based on freehold sales with full-use land rights and then making appropriate adjustments (if any) for the restrictions that the landowner will have over the narrow strips required for drainage purposes.

74. While the processes and steps are similar for both types of land ownership (private freehold and customary), the level of complexity can vary in Samoa. This can be due to several reasons including community ownership of land (versus individual) under customary land ownership; and in some instances, unclear boundaries (or lack thereof). Land disputes are not uncommon and are often settled outside common law courts through the Land and Titles Court or Village councils. In the case of land ownership disputes the compensation will be placed in an escrow account managed under the MOF until the dispute has ascertained ownership.

A. Evaluating Land and Assets Compensation

75. The evaluation methodology for compensation packages will be determined in accordance with national legislation and regulations as highlighted in Table 8 above under government legislation, as well as ADB SPS and as approved by MNRE and MOF and ADB. 76. Both processes for the acquisition of land from Customary or Freehold Landowners are similar from a government perspective and this is elaborated in Table 9. What differs is the degree and type of consultation to the landowners. Basically, this is what the consultation entails. Respect and following the fa’a Samoa principles is inherent throughout both processes. However, the customary land as previously mentioned in Chapter III will involve consultation with all affected persons, whilst acknowledging that the paramount chief, is responsible person for final land decisions. Again, once the compensation is to be dispensed it will be to the head of the relevant village family. While freehold land compensation will be directly dispensed to the affected person in the case of the traditional land it is up to the head of the family to distribute benefits as is pertinent.

B. Affected Persons

77. Affected persons (APs) include those individuals who own, tenant, use, or have business interests that will be affected by the CCIRUP. They may be affected through land acquisition, temporary land use, land easements, or removal of existing fixed assets such as fence lines, vegetation, and structures. Initial estimates under ERAP revealed that there were more affected lots within the 1st 3km of the CCIRUP, and for the next 8km (up to 11km) – as these lots tend to be small in size as they are in the more urban areas. Impacts are higher in the 1st 3km as this is the most densely populated physically enclosed area, being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it is generally further away from the existing road, and it is dominated by the above mentioned large customary land area. 29

78. Due to the nature of customary land ownership in Samoa affected persons can be broader than those who reside on or utilise the land. Broadly Affected persons define those owners affected through lost land, assets or both. Lost assets may include existing structures that are in the current ROW e.g. trees, hedges, fence lines, and temporary structures e.g. road-side vendor shacks. Utility services are excluded as these are considered part of the CCIRU’s separate utility relocation exercise. While elaborated further under the APs entitlement matrix, these APs can be summarised to include: (i) Owner with title deed or registration of the land; (ii) Tenant or user with lease; (iii) Person who cultivates crops and/or owns trees (regardless if the land is owned or not); (iv) Owner/operator of registered business; (v) Tenant/operator of registered business; (vi) Owner or operator of non-registered business/squatter; (vii) Owners of structures (regardless if the land is owned or not); (viii) All affected employees, wage or daily laborers in private businesses; (ix) Local community or local authority owning or benefiting from community property, infrastructure or resources; and (x) Family Unit members who may or may not be tenants of the land.

79. Table 9 provides an indicative entitlements matrix. It will establish the categories of APs and the assistance, compensation and livelihood restorations they are entitled to receive. Public consultation meetings shall inform the public (including APs) of AP categories and entitlement measures. The Office of the Attorney General will review and approve agreement containing compensation schedules. A cut-off date will be established for eligibility according to ADB and government national legislation. Information regarding the cut-off date will be widely publicized throughout the CCIR Project affected area. 30

Table 9: CCIRUP Affected Person Entitlement Matrix Loss Type Entitled Persons Entitlements Intent/Requirement Responsibility

A. AGRICULTURAL LAND Loss of Owner with title deed or All payments for land will be at full replacement costs. Payment for lost assets and LTA, MNRE, agricultural registration certificate Government payment for loss of productive land at market restoration of livelihood. MOF, OAG land such as prices will be deposited into nominated bank account taro and bananas upon which income is derived Loss of access Tenant, user with lease No payment for land. Payment to cover lost crops and LTA, MNRE, to agricultural Bank deposit for temporary loss of income if critically timed restoration of livelihood MOF, OAG land such as access is restricted during construction, and if cultivated by taro and tenant or user with lease. bananas upon which income is derived Loss of crops Person who cultivates For relevant APs as follows: Payment for losses LTA, MNRE, and trees crops and/or owns trees  Owner, payment for crops and trees at market price. Payment for trees calculated on MOF, OAG (regardless if the land is  Tenant, payment for crops shall be paid to tenant. market value on the basis of land owned or not) productivity, type, age, and  Sharecropper, payment for crops shared between owner productive value of affected trees and sharecropper as noted in the sharecropping agreement.  All: advance notice for harvest of crops:  Payment for net value of perennial crops and fruit bear trees where harvesting is not possible. Compensation determined based annual net product market value multiplied by fraction or number of years of disruption.  Payment for timber or non-fruit bearing trees at market prices. 31

Loss Type Entitled Persons Entitlements Intent/Requirement Responsibility

B. RESIDENTIAL LAND AND STRUCTURES Loss of Owner with title deed or All payments for land and structure will be made at full Payment for lost assets, assistance LTA, MNRE, Residential registration certificate replacement cost to reorganize on existing land or MOF, OAG land and All payments at replacement cost in material, cheque, or a relocate on alternate land and structure combination of both according to the actual loss to repair or support for transition period. rebuild the structure to original or better condition when remaining land sufficient to rebuild upon.  Includes option to be compensated for entire structure if remaining structure is no longer viable

 Includes right to salvage materials from structure without any deduction from compensation.

C. COMMERCIAL LAND AND STRUCTURES Loss of Owner/operator of All payments for land lost at full replacement cost Project shall give a reasonable time LTA, MNRE, commercial registered business Payment at replacement cost in material, cash, or a for APs to continue their business MOF, OAG land and combination of both according to the actual loss to repair or operation while rebuilding their structure rebuild the structure to original or better condition where structures. remaining land sufficient to rebuild upon.  Includes option to be compensated for entire structure if remaining structure is no longer viable  Includes right to salvage materials from structure without any deduction from compensation  Transfer and business disruption allowance (up to 2 months) Loss of Tenant/operator of If there is partial loss of structure, AP has the option to stay with Payment for rental allowance or LTA, MNRE, commercial registered business the owner’s agreement OR payment for value of remaining MOF, OAG Structure  If AP choses to move out, financial assistance for 6 lease, assistance for alternate rental months’ rental allowance. accommodation and support for income losses and during transition  Assistance in finding new affordable rented premises to re- period. establish business. 32

Loss Type Entitled Persons Entitlements Intent/Requirement Responsibility

Loss of Owner or operator of non- For structures – all payments for structure lost at full Payment for lost assets, transition LTA, MNRE, commercial registered replacement cost in material, cheque, or a combination of both assistance and income restoration MOF, OAG Structure business/squatter according to the actual loss  Includes right to salvage materials from structure  Transfer and business disruption allowance  Cost of structure repair to original or better condition

D. OTHER PRIVATE PROPERTIES OR SECONDARY STRUCTURES Partial or Owners of structures All payments for affected structure at replacement cost; Payment for loss and relocation if LTA, MNRE, complete loss (regardless if the land is Cost of structure repair to original or better condition; and required MOF, OAG of other owned or not) property or Financial assistance for relocation of structure. secondary structure (i.e. shed) Loss of graves All owners Compensation to cover the cost of exhumation (including any Payment for loss and relocation if LTA, MNRE, religious ceremonies if required) and relocation – no grave is required MOF, OAG expected to be affected E. LOSS OF INCOME OF EMPLOYEES OR HIRED LABOURERS E.1 Temporarily Affected While business All affected employees, Payment for lost salary/wages for each month AP cannot work; Businesses will be encouraged to LTA, MNRE, re-establishes wage or daily labourers in or retain existing employees MOF, OAG (i.e. private businesses Assistance in securing new employment including relevant skills Payment for lost income during reorganizing or training if required business re-establishment relocating) 33

G. COMMUNITY ASSETS Loss of Local community or local Restoration in existing location of affected community buildings, Full restoration of buildings, LTA, MNRE, buildings and authority owning or structures, infrastructure and common property resources to structures, infrastructure, services or MOF, OAG other benefiting from community original or better condition; other community resources by structures property, infrastructure or Replacement in alternative location identified in consultation contractor if agreement for local (fences, walls, resources with affected communities and relevant authorities; or authority or community to undertake etc.), common the restoration works. resources (Cheque) Payment at full replacement cost. (such as water supply) Any other loss Family members who may Unanticipated involuntary impacts shall be documented and Opportunities such as local LTA; Contractor; not identified or may not be tenants of mitigated based on the principles provided in ADB’s involuntary procurement and maintenance ADB, OAG the land resettlement policy. contracts can assist with livelihood options for these APs AP = affected person, LTA = Land Transport Authority, MOF = Ministry of Finance, OAG = Office of the Attorney General, MNRE = Ministry of Natural Resources & Environment. Source: Consultant

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C. Freehold Land Compensation

80. Determining compensation to be paid for freehold land is usually straightforward as it is regularly sold and conveyed, mortgaged as collateral for loans, and its value is determined by the fluctuation of the open market of "willing buyer and seller”. Land is valued according to the availability of amenities such as water, electricity and telephones; its proximity to amenities such as schools and hospitals and the comparable sales of similar sized land in the same area.

81. Freehold land is registered under a deeds registration system with a public record maintained with the Register of Freehold Lands. Freehold land is situated mainly within the Apia urban area and on the town outskirts. Residence on freehold land are not subject to the authority of the chiefs and orators of a village, even if it is in a village.

D. Customary Land Compensation

82. Acquiring customary land can be challenging, especially as there can be uncertainty or dispute over land ownership. Disputes are referred to the Lands and Titles Court for decision about the pule over the land or title in dispute.

83. Customary land also presents difficulties for valuation because it cannot be sold, mortgaged or alienated other than by lease. Furthermore, as customary land has never been subject to rates, it is difficult to ascertain the "market value" other than by using the market value of freehold land as a basis, a recognized process previously applied to past similar in nature road projects. The Taking of Lands Act 1964 states that compensation should be paid at the "market value" and in practice customary land value has been measured in comparison to the market value of freehold land in the same area.

84. Taking of customary land is possible by only two methods: (i) By lease of the land to a person determined by the paramount chief of the family. The Minister of Lands is appointed by the Taking of Land Act 1965 to act for and on behalf of all beneficial owners in signing a lease for registration. The Minister may grant a lease or license of customary land for authorized purposes (which are defined). The maximum lease in aggregate for a public, commercial, business or religious purpose is 40 years; and (ii) By the Taking of Lands Act 1964 for a "public purpose". The Lands and Titles Court is an independent court specifically established to deal with customary lands and titles. Records of the Lands and Titles Court are accessible exclusively to the members and descendants or their heirs to the land or title. These records can only be accessed by providing proof to the Registrar of Lands and Titles that one is an "heir" to the land or a descendant of the family to which the land or title belongs. The register of customary land is not a public record.

85. Section 9 of the Land Titles Registration Act 2008 states clearly that no provision of that Act is to be seen as disposing of any customary land.

E. Easements

1. Legislation

86. Easements are the grant of a ‘non-possessory property’ interest that grants the easement holder permission to use another person's land. There are different kinds of easements including the affirmative easement (most relevant for the CCIRUP) which gives the easement holder the right to do something on the grantor of the easement's land. 35

Dealing with easements have specific clauses under legislation that regulate creation, modification or limitation of easements. This includes the following: (i) Part IX of the Property Law Act 1952 deals with easements and provides for easements in gross (s122); power of the courts to modify or restrict easements (s127); and permission for the court to impose easement for encroachment (s129); (ii) The Taking of Lands Act 1964 does not permit the creation of easements over customary land, but provides provisions for the granting of leases and licenses; (iii) Part 9 of the Land Registration Titles Act 2008 (LTRA) details easements and deed of restriction due to easements, whereas Part 13 outlines compensation by government. It however falls short of specifying compensation for drainage outfalls, especially those underground. This Act indicates what type of water is allowed to flow across or under the land, how the infrastructure (such as drainage pits and open channel drains) can be maintained and accessed, and what responsibility the dominant tenement has to restore the land to its original condition after any service or maintenance; (iv) The terms also describe the responsibility of the landowner (grantee) to minimize disturbance over the land and to restore the land, as nearly as practicable to its original condition. Section s67(3) allows a deed of restriction to be registered. Easements must be registered to be considered legally valid; and (v) The Survey Act 2010 (and regulations) requires existing and proposed easements (either easements in gross, or dominant or servient tenement) to be clearly shown on a survey plan (s19, 24).

2. Compensation

87. Compensation for developing underground drainage outfalls on residential and business land do not appear to follow a standard practice, but differ according to the location, extent of land used, and severity of the issue. While there are claims from other projects that underground outfalls do not incur a compensation for the landowner, there does not appear to be a hard and fast legislation governing this. There are anecdotal incidences where no compensation was paid for underground drainage (personal communication, 2016). 88. The process for open drainage easements is included under the Lands and Titles Registration Act 2008. Note that this is relevant for Freehold Land only. The process is likely to be similar to that followed for the following projects: a) Vaitele Street Upgrade, b) the West Coast Road, and c) the Covent Street Expansion. These projects addressed compensation that was taken largely for open drainage easements (WCR LARF). Note that landowners shall not build any permanent structure or plant trees which may constrain future site maintenance on easement sites. Consultations responded to public questions as follows: (i) Member of Public: “What is MNRE’s procedure of acquiring land for easements (especially drainage easements)? Is there one in place?”; and (ii) MNRE: “At the moment we do not have a procedure in place to acquire drainage easements. The procedure that has been used so far is the same as that of land taking for public purposes. Firstly, surveyors survey the land to be used, calculate the value, negotiate with landowners on market value. There will be conditions imposed on the easement, such as no rubbish or littering or planting allowed on top of the easement. The owner of the land still has legal ownership over the easement, but when the Government wants to come in to maintain the drainage, they cannot stop the works from taking place. Landowners should be compensated for this drainage easement. However, it 36

will not be termed compensation because Government is not buying the land, the land still remains the property of the landowner.” 89. The West Coast Road Drainage Easements Guidance on Legal and Valuation Aspects (Jan 2013) has also been consulted for guidance. Key findings from this report are quoted as follows: (i) Involvement of local communities. “...the legal framework is adequate to create easements for drainage but that the framework cannot achieve perfect results without sensible and sensitive application of the laws and procedures, with a special focus on communications and engagement with villagers and affected land holders”; (ii) Amendment to the laws. “There is no need to amend any legislation in the immediate future to allow drainage easements to be created and registered. However, the laws should be amended within the next few years to clarify the matters described in this report regarding the creation of drainage easements, particularly easements in gross, and also the registration of such easements”; and (iii) Valuation of easements. “The valuation of easements, although new to Samoa, is based on international best practice principles. The valuer for the government has the task, on a case by case basis, to assess the value of the proposed easements based on freehold sales with full use land rights and then making appropriate adjustments (if any) for the restrictions that the landowner will have over the narrow strips required for the drainage.” Easement restrictions for the CCIRUP will mainly include being unable to obstruct / impact on the functional performance that the easement is intended for e.g. building of structures or dumping of rubbish.

90. In conclusion, the same steps as elaborated in Table 10 would be necessary to follow for drainage easements. While no compensation will be given for land that will have drainage easements as it is determined to benefit the landowner and value of land, this process will include negotiation with APs followed by disclosure of RP to APs. Consultation with the APs will highlight that the easement will need to be available for maintenance access and to ensure that no building restricts such access to the easement.

F. Resettlement Plan Implementation Schedule

91. Table 10 explains RP steps to be undertaken. Table 10: Steps in the Resettlement Plan Process

Step Task Description Responsible Timing Prior to draft final Update ROW plans and IOL table Prepare inventory of DED client 1 information based off finalized cadastral Consultant losses (IOL) details submission boundary overlay of draft final DED. Jan-20 Following review Accept road upgrade Accept the road design footprint for RP of DED from 2 LTA design purposes. Consultant Dec-19

Conduct initial consultations on the DRAFT FINAL RP with affected people, 3 Consultations LTA villages and community representatives Feb-20

Following LTA 4 DRAFT RP disclosure DRAFT RP publicly disclosed to affected LTA/ADB approval people in a community meeting Feb-20 37

Finalize CAD measurement of all affected Conduct detailed lots for land acquisition and 5 measurement survey Consultant Apr-20 establishment of drainage easements. (DMS)

Land to be acquired for the project and land remaining to be registered with 6 Examine Survey Plans respect to landowner to certify correct MNRE Mar-20 and update on land registration

Ownership of land examined and Verification of ownership confirmed by MNRE (as documented in details/CMV 7 finalized RP). Customary land ownership LTA Apr-Sep 20 established/Detailed AP examined and confirmed by the Land and consultation Titles Court. CMV of each acquisition established by MNRE Apr-Sep 20 the MNRE Chief Valuer.a finalized RP details and newly pegged ROW alignment to conduct detailed AP LTA & MNRE May-Sep 2020 consultation/negotiations.

LTA to circulate Cabinet Paper to MoF, 8 Cabinet Paper MNRE and OAG for their respective LTA, MNRE, OAG, Feb-20 reports in support. Submit Cabinet Paper LTA May-20 National Safeguards Specialist (ADB- funded consultant) Notice of Intention is in accordance with the TLA 1964 for a period of 28days to Publish Notice of 9 allow members of the public to raise any MNRE Apr-20 Intention concerns

MNRE June- 2020

Establish and publicize/communicate cut- off date for AP payment eligibility.

Conduct detailed census of all APs, including owners and tenants alike (as LTA Feb-Jun 2020 10 Census of APs applicable).

National Safeguards Specialist (ADB- funded consultant) Following ROW Surveyor checks/reinstalls/installs all new Install/check all new ROW Consultant’s plans 11 boundary pegs for new ROW based off boundary pegs Surveyor In parallel to finalized RP. census of APs

Site-verify physical assets to Consultant Jun-20 remove/relocate & update IOL. 12 Finalize RP Submit information to LTA and Consultant’s Surveyor.

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Disclose final RP on ADB website LTA, MNRE, ADB Surveyors finalise detailed land survey of Following detailed affected lots (to acquire and for drainage AP consultation easements). Lot survey plans submitted to MNRE to Individual lot plan May – Jun 20 show: Consultant’s 13 surveys/creation of new  Land acquisition, easements, and Surveyor, MNRE lot plans for acquisition lost/relocated assets within private property.  Lost/relocated assets in existing ROW.  AP Following APs accept the compensation package government 14 AP agreement offered MNRE with the consultation/as support of LTA per cut-off date MNRE advertise a proclamation or notice of intention for the “compulsory taking of Local printed media Prior to AP 15 land for public purposes” in the local Government publication payment printed media (Savali) as signed by the Head of State of Samoa. Following AP 16 AP payment Agreed compensation is paid to APs.c MOF agreement and proclamation To complete the process, this report is LTA and National Land Acquisition and furnished to the ADB for funding Safeguards Following 17 Compensation reporting and information purposes. Specialist (ADB- completion of AP Completion Report Disclosure of RP on ADB website (only if funded payments changes are required) consultant) ADB = Asian Development Bank, AP = affected person, CAD = computer-aided drafting, CMV = current market value, DED = detailed engineering design, DMS = detailed measurement survey, IOL = inventory of losses, LTA = Land Transport Authority, MOF = Ministry of Finance, MNRE = Ministry of Natural Resources & Environment, ROW = right-of-way, RP = resettlement plan. Notes: a Value conclusion by the MNRE Chief Valuer would be the basis of compensation offered to APs. APs are given a 30-day period to negotiate on compensation amounts. They may seek the opinion of an independent valuer. LTA will examine all reports and make a decision on compensation that will be based on the average of two evaluation amounts may be used to negotiate a resolution. If no agreement is reached the final option would be to challenge the decision in court. b At this stage APs are formally informed of the detailed impacts of the proposed upgrade works on their property through house-to-house visits by LTA and MNRE and given a 30-day period cut-off date to negotiate compensation amounts. C Payment to any given AP must be made before civil works can proceed over the relevant property. Source: Consultant consultations with MNRE and LTA.

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VI. INVENTORY OF LOSS REQUIREMENTS

A. Context

92. Project specific data for resettlement plan purposes (inventory of losses) was initially collected under the World bank funded ERAP stage of the project in 2016. It was divided into two distinct parts, being the planned construction (implementation) packages of at the time i.e. Package 1 (KM 0+000 to KM 3+127) and Package 2 (KM 3+127 to KM 19+686). For efficiency purposes (avoidance of major design stage rework), this split will remain in both civil works bidding and RP implementation documentation. The Draft-Final RP is published for public information based on substantial completion of the project design. Any updates with the design and compensation will be reflected in the Final RPs and will be disclosed for public information.. 93. As also confirmed by the LTA during the ERAP stage, the RP is to encompass the five distinct road sections that were previously upgraded by LTA as emergency road works following Tropical Cyclone Evan in 2012 (total 3.7km). 94. Customary land is inter-dispersed over the length of the alignment, but by far the majority of it is within the southern end of the project road. This customary land is owned by the people of the Siumu community. It applies to about 20% of the total CCIRUP length of road (4km). 95. In summary, the aim of the government is to establish a newly formalized right-of- way (ROW) for the entire project length of road i.e. the Project (CCIRUP), being about 19.7km in total length. 96. Under ERAP, the road design consultant produced and provided to LTA: (i) Package 1 – ROW drawings; (ii) Package 2 – ROW drawings; and (iii) Package 1 & 2 – Resettlement matrices in MS Excel format as a draft ‘inventory of losses’.

97. The information presented under ERAP was based off a fully digitized cadastral (survey) boundary master plan of individual lot plans received by the consultant’s surveyor from the MNRE, as overlaid on a footprint of the planned design ‘limit of works’ for road upgrading. The information was unfortunately incomplete and often deemed to be erroneous when compared to the location of topographically (ground captured) surveyed features. The existence of two separate survey grids within the limits of the CCIRUP was noted to be a contributing factor (local Lemuta Grid and global SGRS2005 grid). 98. In 2019, the road design consultant resumed this exercise with commencement of activities based off a new survey team, complete restart from raw individual lot plan data newly received by the MNRE, a new alignment survey control system, more thorough verification of raw information and transfer of information to the one survey grid, and a thorough repegging exercise of the alignment on site. This new and improved information has been overlaid against a finalized detailed road design. 99. Specific resettlement/inventory of loss details will be shared with relevant APs and associated parties directly by the LTA and MNRE at the appropriate time commensurate with detailed RP disclosure and negotiations.

B. Cost/Budget

100. Total proposed cost of the compensation for the CCIRUP RP will be assessed and determined by LTA and MNRE based on current market price, while this document will provide a guide for the process and the assets, crops and structures, as well as support and

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income to APs. MNRE have costings for land properties and LTA have the costings for the other items such as fences, trees and temporary structures, etc. 101. The budget needed for the implementation of the RP will be established by the MNRE and LTA after the government’s endorsement of detailed design, however a preliminary estimate of $2 million has been nominated. The budget will cover land acquisition, compensation, livelihood restoration, monitoring and evaluation, contingencies and administrative expenses. The cost of land acquisition will be included in the overall costs of the Project but will be funded wholly by the government and approval by Cabinet. The updated Resettlement Plan will include an itemized budget. A minimum of a 10% contingency will be included in the requested budget amount. A budget line item for unanticipated impacts will also be included in the requested budget.

VII. INSTITUTIONAL ARRANGEMENTS

A. Overview

102. MOF is the Executing Agency and the LTA is the Implementing Agency. Under the World Bank funded Samoa Climate Resilient Transport Project (SCRTP), a Centralized Technical Support Services Unit (CTSSU) has been established under the Aid Coordination & Debt Management Division of the MOF. The CTSSU will provide high-level oversight, training and service support on project implementation for all development projects. In addition, a Transport and Infrastructure Sector Coordination Division (TISCD) has been established within the Ministry of Works, Transport & Infrastructure (MWTI). The TISCD will also assist with project implementation and is generally responsible for overall monitoring and of the Transport and Infrastructure Sector Plan. It will be guided by the Transport and Infrastructure Sector Advisory Committee (TISAC). The TISAC will not be involved in day- day implementation but will instead provide general sector oversight and policy direction for projects in the sector. As the implementing agency, the LTA is responsible for ensuring proper and transparent implementation of the RP. The LTA will be closely supported and guided by the Land Management Division of the MNRE. Jointly, the LTA and MNRE will communicate specific details of the RP details to APs, negotiate, and reach final agreement on all land acquisition matters with APs. The MNRE will determine and use as primary basis current market rates and replacement values for negotiation purposes. As the CCIRUP is the first project in Samoa to have resettlement implemented according to ADB’s Safeguards Policy Statement, 2009, the government’s implementation of the RP by the MNRE and LTA will be closely supported by a dedicated National Safeguards Specialist, as separately funded by ADB, until the Supervision Consultant is on board. The overall RP implementation arrangement is provided in Figure 4: Resettlement Plan Implementation Agencies. 103. A contracted project team will oversee implementation works as well as safeguards and report progress and any concerns to the LTA and ADB. Within this team there will be a dedicated International Safeguards and Gender Specialist as well as a National counterpart. These specialists will be responsible for ensuring ADB Safeguards are met within project preparation, implementation and evaluation. For example, an effective and transparent GRM – that it is in place and compliant with ADB Safeguards Policy. They will also be responsible for ensuring that DMF and GAP activities are implemented and reported upon throughout the project. 104. The implementation works contractor also has responsibility in terms of safeguards implementation and reporting. They will report directly to the contracted Safeguards Specialists. For example, the works contractor will need to carry out HIV/AIDS awareness and training to their work team as well as to the local communities in which they operate as well as a training on workplace GBV. Reports will need collect gender disaggregated data and progress.

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Figure 4: Resettlement Plan Implementation Agencies

105. Final RP implementation will commence following completion and approval of the final detailed design by the government and prior to commencement of construction activities. In general, RP implementation will have three key stages, as follows: (i) Addressing legal requirements pertaining to the gazetting of the land to be included in the CCIRUP that does not currently follow the registered ROW. (ii) The negotiating process related to AP compensation for land acquisition, easements, and removal/relocations of privately-owned assets. (iii) Provision of property rights, payment of compensation, and livelihood restoration (if required). (iv) Ongoing monitoring and evaluation, including reporting on a biannual basis of Safeguards.

B. Process

106. The Executing Agency (MOF) will be responsible for the timely allocation of funds to compensate APs for land acquisition. The budget for compensation will be disbursed by transfer to bank accounts of relevant APs. Alternative arrangements such as government bank cheque can be provided to those who do not have a bank account. In the case of any disputes concerning compensation will be placed in an escrow account managed under the MOF until the dispute has ascertained a resolution. Once all land acquisition and compensation activities have been completed, the MOF and MNRE will obtain a signed declaration from each AP that all activities have been satisfactorily completed as per the final RP. Table 10 identifies the key responsibilities of ministries and other agencies for the land acquisition of the CCIRUP.

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Table 10: Key Resettlement Plan Responsibilities

Activities Responsible Agency

1. RP Preparation Development of draft RP Project consultant /LTA/MNRE/ADB Preliminary design of the CCIRUP Project Consultant / LTA Undertake adequate consultations with / and dissemination of relevant LTA PMU and Project Consultant information to APs during pre-construction and during construction

Survey of proposed subproject sites Project Consultant / LTA Preliminary design public disclosure and consultation Project Consultant / LTA & MNRE Loss Assessment Project Consultant / LTA & MNRE Survey and assessment of market unit prices MNRE Individual consultation and agreement on compensation LTA & MNRE Address any project-related grievances of APs and facilitate the resolution LTA PMD and MNRE of disputes on land ownership or land use Review and approval of draft RP LTA / ADB Establish Grievance and redress mechanism – compliant with ADB LTA PMD reporting for Social Safeguards – also including records as well as reporting mechanism in place Update RP as required if there are unanticipated impacts during project Project Consultant / LTA implementation and prepare corrective action plan if there will be non- compliance. Following the award of the civil works contract, arrange a briefing to the Project Consultant / LTA contractors to raise their awareness on safeguard requirements

Finalise RP once road design complete and approved National Safeguard Specialist ADB consultant/LTA/MNRE 2. RP Implementation Approval and release of funds for compensation MOF Verification of Aps LTA / MNRE Monitoring mechanism in place LTA / MOF Ongoing information updates and consultations with APs LTA and Project Consultant Undertake regular monitoring and reporting on implementation progress of Project Consultant and LTA PMD RP and Safeguards Grievance and redress arrangements compliant with ADB and national LTA mechanisms – also including records as well as reporting mechanism in place Preparation of deeds of sale/lease MNRE & LTA Payment of Compensation MOF assisted by LTA & MNRE ADB = Asian Development Bank, AP = affect persons, CCIRUP = Cross Central Island Road Upgrading Project (the Project), LTA = Land Transport Authority (implementing agency), MNRE = Ministry of Natural Resources and Environment, MOF = Ministry of Finance (executing agency), RP = resettlement plan. Source: Consultant

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VIII. DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Overview

107. A minimum of approximately 7,031 people that utilize the CCIR, including villages that are located along the road or rely on the road for access to essential services, especially those located in Apia. It is therefore important that these people are kept well informed regarding the progress of the roads upgrade. 108. Public consultations and disclosure allow two-way communication between LTA, MNRE and the impacted communities. They are important to provide a comprehensive, mutual awareness and understanding, and encourage mutual responsibility, ownership and trust among all the stakeholders affected by the CCIRUP and other interested parties. Public consultations also allow early exposure of potential problems and efforts to address them. 109. The key objective of the public consultation and disclosure process for the CCIRUP RP is to encourage the participation of the project-affected people in planning and implementing activities associated with land acquisition. Accordingly, this chapter describes the public consultations undertaken, demonstrating that the CCIRUP is following public consultation and disclosure requirements for projects involving land acquisition in accordance with government and ADB requirements. 110. Key stakeholders are summarized in the following table. An Accompanying Stakeholder Engagement and Communication Plan will provide proposed consultations in greater depth.

Table 11: CCIR Key Stakeholders Project Phase Affected Stakeholders Design and Approval Affected persons Resource owners Customary leaders and officials from key communities CCIR Residents Siumu Residents CCIR Businesses, including bus drivers Women’s and other vulnerable groups Schools Churches e.g. Baha’i; Catholic; Methodist; Latter Day Saints Embassies e.g. Australian, American Relevant government agencies e.g. MNRE; PUMA, MWCD Relevant NGOs and CSOs Utility owners ADB Other development partners Land & Assets Compensation Directly affected residents Directly affected businesses Directly affected land users Directly affected landowners, including customary ADB Implementation (civil works) Resource owners Transport/haulage contractors Residents, including nearby from Apia and Siumu Women’s organizations Businesses, including tourism operators Schools Churches Tourists Utility owners ADB Other donor agencies CCIR = Central Cross Island Road, CSO = Civil Society Organization, MNRE = Ministry of Natural Resource and Environment, MWCD = Ministry of Women and Community Development, NGO = Non-government Organization Source: Consultant

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B. Consultation Approach

111. Consultations were undertaken alongside public awareness raising, through several means including the following: (i) Public consultations. These included formal presentations at the community and inter community levels. These were held at the design stage of the project (2016 and 2018) and included discussions on the proposed road design; environmental; social, and land acquisition/resettlement dimensions. Comments were gathered and those pertaining to design and improved design considered and integrated into the design. The minutes of the second and third public consultation are attached in Appendix 1: a. The meeting was advertised in the local newspaper, the radio and on Facebook a week prior to the meeting; b. A flier highlighting the key message was distributed to participants (see Appendix 2); and c. While no sitting allowance was paid to attendees, it is a custom within a village to hold cultural ceremony for visitors holding workshops, training, consultation etc. for which a donation usually in the form of money is provided to a village in exchange to show respect and demonstrate appreciation for their kindness. In this case the amount of WST300 was given for the Vailima venue (church group as relevant) and WST500 to the Siumu village in traditional respect. (ii) Focus group discussions and face-to-face meetings. These were held at homes and community meeting locations to ensure: a. The proposed extent of the CCIRUP is fully understood; and b. Community related ‘power’ differentials do not create feelings of coercion and intimidation among the more vulnerable community members – with the initial part of the CCIR comprising some of the more affluent residents and/or businesses of Apia, it is also important to include the concerns and interests of the more vulnerable affected households who rely largely on subsistence farming with limited commercial sales. (iii) Individual interviews. These included: a. Social Profiling. A sample based on purpose and convenience. The interviews mainly assessed views on the potential project impacts (positive and negative), mitigation measures, and suggestions for improvement. The social profile includes a brief overview of the project and elicits comments on potential impacts. Each respondent was provided with contact details of the LTA office for any follow-up questions; and b. Land acquisition and compensation. Stakeholders were informed that all affected stakeholders will be consulted and advised regarding necessary land acquisition for the road and subsequent compensatory payments. Discussions will provide maps of land locations to be acquired; need for removal or transference of key plants and/or items; proposed compensation based on assessment; a grievance redress mechanism and process; as well as answers to frequently asked questions in Samoan and English.

112. Public information flier. This was developed for the Design Phase (attached to the Social Profile) outlining details of the project, its proposed designs for the road and answers to frequently asked questions. Once the design is endorsed by LTA the information flier can be updated to include the proposed outfall areas to improve drainage from weather events; the project implementation timeline, the grievance redress mechanism, and answers to frequently asked questions which will be updated as the project progresses. Design is 45

expected to be finalized by June 2019 and public consultation can provide this updated information June/July 2019. 113. Public disclosure of project impacts and consultations have been carried out since the initial World Bank funded ERAP design phase of the Project, and in the current ADB funded phase of the Project. They have been continued through a combination of public consultations, focus group discussions, and individual consultations. These consultations provide information regarding the status of the Project as well as to gain further insights and design improvements that meet the particular needs of commuters and residents along the CCIR. 114. The following public consultations have been undertaken. Minutes of these meetings are provided in Appendix 1: (i) 03 April 2016. At Vaoala Congregational Church Hall; (ii) 12 September 2018. At Vailima Church; and (iii) 13 September 2018. At Siumu Mayor’s Residence.

115. Those consulted have included commuters, residents (that may or may not include APs), community traditional leaders, affected businesses and utilities, bus drivers (from the Apia side of the island as well as the Siumu side), women’s groups, disabled persons organization, Women in Business Association, and relevant government agencies.

116. Consultations will continue during the implementation of the RP and the CCIRUP. The following consultations will be undertaken at the appropriate time: (i) One-on-one consultations will be conducted by the LTA and MNRE with the APs / community leader’s dependent upon the specific stretch of the CCIR during the AP compensation/negotiations stage. This is planned to occur during the last-half of 2019 following completion of the detailed engineering design (DED); (ii) Information to be provided will include: d. the policy on cut-off-date for eligibility to project entitlements; e. land acquisition and compensation process; f. Specific relevant sections of the RP which will need to be disclosed to Aps; g. roles of the MNRE and LTA compensation team; and h. the grievance redress mechanism. (iii) Ongoing public consultations by LTA during project implementation.

117. A summary of the consultation plan by target group and information provided and/or sought is reflected in Table 12.

C. Consultation Challenges

118. Discussions regarding outfalls can pose a challenge during consultation as their placements require cooperation from affected property owners. This is very important for effective drainage, in particular as ‘flood water’ can create the potential for concentrated volumes of water (and debris) near / within downstream properties.

119. Some landowners may be reluctant to allow an outfall to run through their property and may need encouragement to recognize the benefits of supporting the outfalls on their land, especially as the flood waters may not affect them as much as those living downstream. This is especially pertinent to a few houses that divert the flood waters to other homes.

120. Potential incentives can include: (i) Compensation for open drainage;

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(ii) Less water and debris inundating their land, which can increase property values as the water is diverted safely off the cliff face; (iii) Potential contracts for landowners to maintain the outfall; and (iv) Consultation must emphasize the overall benefits, the assurance on quality structures, minimal disruption to their land security during construction (as also sought by the New Zealand High Commission).

D. Disclosure

121. The draft-final RP and Final RPs will be made available at LTA, MNRE and on the ADB website. Key features of the RP; particularly compensation entitlements, institutional arrangements for grievance redress, contact information of the LTA Safeguards Officer, as well as RP implementation schedules have been summarized and distributed among the APs and broader communities along the project alignment. Translations of key sections will also be distributed. A report on the outcomes of these disclosure activities and consultations are included in the Appendix.

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Table 12: Resettlement Plan Consultation Plan Stakeholder Level of Communication Consult Date Interest Group Location Attendees Responsible Key Message Consultation Influence Means Design Phase Public consultation April 16 Cross Island Road Vaoala ~35 attendees High LTA Public information Basic plans and design from Sept 2018 residents and Pule nu’u, Matais, MNRE Fliers the CCIRUP. businesses Residents, Church Consultant Newspaper Questions regarding concerns reps advertisement and expectations Individual April 2016 MNRE – lands Individual ACEO High Consultant Convenience Preliminary impacts and 2018 unit residences 2 businesses LTA visitation safeguards 2019 Cross Island Vailima to School principal MNRE Flier Basic design and questions residents Siumu CCIR residents regarding concerns and Cross Island expectations businesses Schools Focus groups April 2016 Pulenuu and Vaoala 2 focus groups with High Consultant Planned visitation Basic design and questions Oct 2018 village leaders: Siumu between 5-7 LTA, MNRE Fliers regarding concerns and Jun-Jul 2019  Vailima to attendees expectations Vaoala  Siumu community leaders Public utilities May 2016 SWA May 2016 Attended High Consultant Sharing of utility How to organize utilities, to 2018 EPC by representatives LTA relocation master scope relocation works and to 2019 Bluesky & Digicel of Bluesky, Digicel, plans cost, and most importantly to SWA and EPC Utility coordination determine each agencies meetings responsibility Utility relocation focused workshop Disclosure of draft Upon completion APs CCIR High Consultant; LTA Facebook; LTA Key information regarding RP to APs and of final design Residents and residents LTA Office; Samoan proposed project; highlighting public Commuters and APs Observer the critical areas within the RP; Opportunity for feedback and input. Design Approval Phase Public consultation On approval of the MNRE – lands High LTA Fliers Timely disclosure of relevant final DED unit MNRE Newspaper information - upgrade and Cross Island advertisement land acquisition requirements residents Siumu residents

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Stakeholder Level of Communication Consult Date Interest Group Location Attendees Responsible Key Message Consultation Influence Means Outfall locations On approval of the LTA Entire CCIR Impacted APs High LTA Planned visitations Discussions regarding final DED MNRE – lands MNRE positioning of outfalls and unit what this means to the Specific CCIR landowners and neighbouring residents/ properties businesses Census of affected On approval of the APs Entire CCIR High LTA Individual face-to- Final inventory of APs, land to property and final DED MNRE face acquire, and removal of fixed infrastructure assets. Land acquisition On approval of the LTA Individual High LTA Newspaper  Negotiating and and compensation final DED MNRE – lands households MNRE Fliers organising with affected consultations: unit Radio people the removal of  One public Relevant CCIR TV infrastructure, plants and information residents/ Telephone other items in the way of businesses Email the CCIRUP  Separate consultations  Compensation with APs  Specific consultations pertaining to outfalls  Husbands and wives to receive family payments together Disclosure of Final On finalisation and LTA Public forum CCIR stakeholders High LTA LTA facebook;  Awareness that RP to public endorsement of MNRE MNRE Newspaper; transparent process land acquisition Stakeholders ADB ADB website undertaken – encourage and compensation APs local project ownership Interest groups Implementation (Construction) Phase Public consultation Throughout Cross Island TBD High LTA Fliers Timely disclosure of relevant (refer also to implementation residents/ CSC Newspaper information stakeholder phase businesses Contractor advertisement consultation and Siumu residents/ 3rd party engagement plan) businesses /APs service provider ACEO = assistant chief executive officer, AP = affected person, CCIR = Central Cross Island Road, CCIRUP = CCIR upgrading project (the Project), CSC = construction supervision consultant, DED = detailed engineering design, EPC = Electric Power Corporation, LTA = Land Transport Authority, MNRE = Ministry of Natural Resources & Environment, SWA = Samoa Water Authority, TBD = to be determined. Source: Consultant 49

IX. GRIEVANCE REDRESS MECHANISM

122. The following Grievance Redress Mechanism (GRM) procedure must be followed to address any social or environmental issues that may arise throughout the project.

A. Minor Concerns

(i) Filed with the safeguards specialist(s) of the construction supervision consultant (CSC) who records the complaint and consult with the contractor for a solution.

(ii) CSC to maintain and regularly update a complaint’s register;

(iii) Report to safeguards officer from LTA with proposed resolution; and

(iv) CSC to respond to the AP with a resolution within 48 hours.

B. Major Issues

(i) AP should file a formal complaint with the LTA Project Manager if they face a major concern e.g. land issues or damage caused by the Contractor.

(ii) Follow the same process as a minor issue but the time to respond for discussions and meetings with the complainant to reach a resolution must be within 7 days. However, note that for land issues, the timeframe for discussion and meetings may be more than 7 days.

(iii) LTA Project Manager to maintain a register of complaints, with a duplicate of the relevant complaint given to the AP.

(iv) If complaint is dismissed, the AP is to be informed of their rights to take their complaint to the next level.

(v) If AP is not satisfied with LTA decision, they may file a written complaint with the MWTI, Planning and Urban Management Agency (PUMA) division, at the Tuiatua Tupua Tamasese Building at Sogi. Telephone: 23800.

(vi) Timeframe for response via email to PUMA is within 7 working days and via other correspondence forms within 7 working days. However, the timeframe for responding with a resolution varies and is dependent on the level of complexity of the complaint.

(vii) If an AP is not satisfied with PUMA decision, they may take their grievance to the judicial system at their own cost, however, if the Court shows that LTA have been negligent, the AP may seek compensation of costs.

C. Grievance Procedure

123. All issues are logged and tracked in the Grievance Complaint Logging System (GCLS) and are reviewed as part of the ADB/LTA compliance monitoring systems. Once the issue has been satisfactorily resolved with the member of the public who initiated the complaint (the ‘complainant’), then the complaint will be closed. The complainant will be notified in accordance with the procedures as documented in the GRM, and this will be recorded in the GCLS. The GCLS allows: (i) Full auditing of the process by which a complaint was addressed;

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(ii) Supervisors to review and comment on all grievances; and, (iii) The monitoring of service standards for resolving complaints.

124. The GCLS maintains statistics on number of and types of complaints, time taken to resolve, etc. These statistics can be easily published to a public website or included in reports. The GCLS can be accessed via any device with an internet browser. Complaints may be lodged through a website, by SMS, in person, by telephone, e-mail, or letter. Website complaints are automatically logged in the system, while other forms are manually entered by the ‘Complaints Administrator’. Different levels of grievance management fall under the above process and include:

1. Samoa village level grievance management

125. While most grievances follow the above process and are reported directly to PUMA, there is also a traditional grievance process that operates in villages such as Siumu. Some project related grievances experienced by villagers can be dealt with effectively at the village level and need not be referred to the LTA Project Manager/IA unless village level redress mechanisms fail. Common among such grievances are local disputes over land boundaries, claims of ownership over crops and compensation distribution. Other common disputes involve contractors such as where non-land assets such as soil and rocks are used without prior consent of landowners; or where contractors fail to deliver on agreed terms for their use. 126. The traditional mechanism for grievance redress requires the aggrieved party to take his/her grievance to his/her extended family paramount chief, who will assume responsibility for a resolution on their behalf. Furthermore, their decision is final. The aggrieved party’s paramount chief may seek redress directly with the Contractor or the other/opposing party and would do his/her utmost to secure a satisfactory outcome. Failing this, the ‘paramount chief’ will then take the grievance to the Village Council of Chiefs, through the Pulenu’u/Sui o le Malo. Usually this is discussed during the monthly meeting of the Council of Chiefs. The Council of Chiefs will decide on how best to address the grievance including conveying the concern to the Contractor on behalf of the aggrieved party, or alternatively recommending that the aggrieved party seek a resolution directly with the responsible Government agency (i.e. PUMA or LTA) and failing that, seeking redress with the Court. 127. In the case of local disputes over customary land boundaries, and ownership and use of non-land assets, the Council’s decisions are final with the disputing parties aware of the risk of noncompliance. Such decisions of the Village Council are now recognized by the Courts by the Village Fono Act 2000. Figure 5 outlines the levels of traditional and government authority that are involved in grievance resolution, depending on the severity of the grievance. 51

Figure 5: Levels of Grievance Resolution in Community

Unresolved grievance Court escalated

LTA and/or MNRE PUMA Grievance lodged

Dialogueand Resolution Project Supervisor d and/or Contractor

Paramount Grievance raised chief

Matai --> pulenu'u Local dispute Person with issue

2. Legislation

128. The grievance procedures defined by the Taking of Lands Act 1964 are only utilized as a last resort. It is more common for any differences to be settled by negotiation and consensus reached between the Government and the village or villagers involved and this is usually the first step in the resolution of any grievances. As indicated above, the complainant can choose to take their grievance straight to LTA or PUMA, however the traditional system remains important in the villages and in terms of customary land issues. 3. Contractors Responsibilities

129. The Contractor is responsible for community consultation regarding construction activities and recording complaints as per provisions contracts. At the inception of the project, all employees of the Contractor should be briefed on the GRM and informed they are required to report any grievance to the Site Manager. The contractor/consultant shall nominate a staff member for community consultation who will manage grievances, i.e., the Site Manager. The Site Manager will work in cooperation with LTA PMD and the Public Relations Officer on a regular basis. A phone number will need to be established and be made publicly available on project signage and public relations materials readily accessible and visible to the affected persons and communities. 130. During construction phase, a suggestion box and complaint forms will be located at the Site Office. The Site Manager will receive grievances on site and respond within 48 hours of the grievance being received. The response should confirm the nature of the grievance and indicative timeframe for resolution. The Site Manager shall record the grievance in a logbook or Complaint Register then provide a copy of the grievance to LTA PMD within two working days of the complaint being made. This logbook will be maintained throughout the construction or contract period. Furthermore, the operational GRM will be monitored and reported on six monthly basis and report submitted to LTA PMU and ADB under Safeguards Reporting commitments.

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4. Grievance Mechanism Monitoring and Reporting

131. Monitoring will be carried out six monthly by the International Safeguards Specialist (Project Supervisors) with LTA and the results communicated to ADB through the Safeguards progress reports. (i) reported grievances and subsequent resolution outcomes; (ii) consultation with APs; (iii) status of land acquisition and payments on land compensation; and (iv) compensation for affected structures and other assets.

5. ADB’s Accountability Mechanism

132. People who are, or may in the future be, adversely affected by the project may submit complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an independent forum and process whereby people adversely affected by ADB- assisted projects can voice, and seek a resolution of their problems, as well as report alleged violations of ADB’s operational policies and procedures. Before submitting a complaint to the Accountability Mechanism, affected people should make an effort in good faith to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism.

X. MONITORING AND EVALUATION

133. The following indicators have been identified to monitor the progress of the RP. Additional indicators will be added as required as part of the Resettlement Completion Assessment. Note that these indicators can be measured quantitatively and where relevant qualitatively.

Table 13: Summary of Indicators to Guide Monitoring of the Resettlement Plan

Indicator Number Key elements Notes impacted Number of GOS staff working on RP ~2 MNRE Support provided to Men and women ~2 LTA LTA and MNRE to disaggregated 1 ADB funded RP assist in process local officer Resettlement team trained to meet 1 training Overview of ADB Carried out during ADB SPS 2009 requirements in line with Fact finding GOS procedures mission Number women/ men trained Project affected households TBC Land loss Plants Facilities Income generating

Compensation paid TBC Land loss By when and Plants amount Facilities Income generating

Facilities replaced and improved TBC Fences Includes Roofs easements Plants Easements 53

Livelihood replacement training TBC Potentially this is not required Number of APs employed by TBC During road contractors and LTA construction and for road maintenance % APs satisfaction with RP TBC Once RP compensation 2020 and process complete Road safety perceptions after TBC Survey form recording project construction degree of satisfaction Records of grievances TBC From implementation Maintained and updated in LTA Actions – responses to grievances TBC %. of resolved issues Ongoing – 6 recorded to the AP monthly updates satisfaction 134. Monitoring and evaluation will occur at different levels:

A. MNRE Monitoring and Evaluation of Resettlement process

135. Upon completion of the RP, monitoring and evaluation will be the responsibility of PUMA Division of MWTI/LTA. In particular, the PUMA Division of MWTI will be responsible for the compliance monitoring reporting purposes to their Board. However, as noted below the status of the Safeguards components will also be reported to MNRE/LTA and ADB.

136. The involvement of the PUMA division of MWTI is important to ensure that: (i) All affected households and businesses have received appropriate compensation; (ii) All impacts have been adequately and fully addressed; and (iii) Grievances have been adequately addressed.

137. Implementation of the CCIRUP will take place upon confirmation that outstanding RP issues have been resolved. Semi-annual safeguards monitoring reports will be submitted to ADB throughout the implementation of the project, and a compensation completion report prior to civil works commencement.

B. Safeguards Monitoring

138. The national PMU Social Safeguards consultant (LTA) together with the Project Social Safeguards Specialist will audit impacts on APs during and post construction to ensure any impacts are managed effectively. These reports will be undertaken biannually and will assess living standards of APs over the project duration. This will be undertaken through a consultative process with APs and other relevant stakeholders. The report will consider such aspects as: (i) Changes to livelihoods as a consequence of the project which may include unforeseen impacts as well as potential changes arising from temporary or even permanent employment opportunities; (ii) Any undesired impacts that may have been experienced and how these were reported and managed under the GRM as noted above; (iii) Road safety related concerns as a consequence of the project. This links the safeguards monitoring to GAP whereby it can encompass efforts to improve access and conditions for vulnerable affected residents; (iv) Local procurement opportunities in terms of semi and unskilled labor roles; and ongoing maintenance and improvement opportunities; and (v) Sex disaggregated data will be collected to indicate the differential impact on men and women.

139. This report will be forwarded to ADB six monthly.

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FOR ADDITIONAL INFORMATION PLEASE CONTACT THE LTA Phone 26740 Email:[email protected]

In the pages following, personal details of attendees at consultations have been redacted. 55

XI. REFERENCES

ADB. June 2009. Safeguard Policy Statement. Manila. Online at: https://www.adb.org/sites/default/files/institutional-document/32056/safeguard-policy- statement-june2009.pdf Government of Samoa. Numerous Acts and Regulations. Apia. MWCSD. 2013. Village Profiles. Apia. Rodríguez DA, Evenson, K.R, Diez Roux AV, Brines SJ. 2009. Land use, residential density, and walking: The multi-ethnic study of atherosclerosis. American Journal of Preventive Medicine. 37 (5):397–404. Samoa Bureau of Statistics. 2011. Socio-Economic Atlas 2011. Apia. Online at: http://www.sbs.gov.ws/index.php/new-document-library?view=download&fileId=1646 Samoa Bureau of Statistics. 2011. Samoa Population and Housing Census. Apia. Samoa Bureau of Statistics. 2015. Samoa Demographic and Health Survey 2014. Apia. Samoa Bureau of Statistics. 2016. Samoa Population and Housing Census. Apia. Samoa Police Department. 2016 and 2018. Reported accidents along the Central Cross Island Road. Apia. SMEC. 2015. Social Beneficiary Survey 2015. Enhancing the Climate Resilience of the Upolu West Coast Road. Samoa: Enhanced Road Asset Project. Apia. Tauaa, S. The Impact of Rural Access Roads in Samoa: The Case of Vaitele Street (Lalovaea-Lepea) and other Selected Roads. Apia. UN Pacific and Asia Samoa 2015. Samoa. Online at: http://asiapacific.unwomen.org/en/countries/fiji/co/samoa World Bank. 2012. Land Acquisition and Resettlement Framework (LARF). Enhancing the Climate Resilience of the Upolu West Coast Road. Samoa: Enhanced Road Asset Project. Apia.

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APPENDIX 1: PUBLIC CONSULTATION MINUTES

The objective of this consultation was to update stakeholders on the status of the project since the last consultations in 2016. The first consultation took place in April 2016; the main points raised at each consultation in 2018 are summarized in Table 14. After this table, key consultations from September 2018 and April 2016 are further elaborated, and minutes with the Pulenuu Tanugamanono from June and July 2019 are further provided.

Table 14: Summary of 2018 Public Consultations

Stakeholders Attendees Venue Key Points Siumu focus 29 women Sui ole Nuu  Women have to use buses more than group resident men – few women have licenses (Woman’s representative)  Raised issues such as sexual harassment on overcrowded buses and speeding vehicles.  Poor designs of wooden buses that result in accidents – do not feel safe – two women were involved in recent accident  Current road is very unsafe for pedestrians especially the school due to absence of proper footpaths and bus shelters  Take small amounts of produce to sell in Apia on buses. A man rides on the bus to help women unload their baskets at the Apia end – most are happy to do it themselves. Vailima 9 women Vailima Primary  Current road is very unsafe for School hall pedestrians especially for school children due to no proper footpaths and bus shelters  Runoff at times makes it harder for women to walk along the road when bringing the children to school  Bus service unreliability / no time schedule which at times results in school children being late and served detention at respective schools. Bus driver - Individual - male Bus depot  Road is so narrow and with no proper Rural side bus shelters make their job so much harder; at times they receive evil looks and verbal abuse from other vehicle drivers.  The band aid road is starting to crack up and it needs attention before it returns to the bad situation it was in previously. 57

Stakeholders Attendees Venue Key Points Bus driver - Individual – Bus depot, Apia  Poor current road designs which often Urban side male let the runoff to continually damages the road  No allocated bus stops thus causing road blocks at times especially during the peak hours of the morning and after work. Naomi - Individual - Afiamalu  Happy with road upgrade Landowner female  Wondered if her fence had to be moved back  Proper road design is needed to minimize runoff and the adverse effects on her family’s properties  Ensure fair compensation for any land acquired. Mynas Individual – Mynas  Awareness of the CCIR upgrading male shop supermarket prompted them to act - have built a new owner Supermarket at the adjoining land to the existing shop  Build bus shelters and sufficient road humps to control speeding traffic – see several accidents near to shop Vailima Public 9 attendees – 4 CCJS Hall  Disappointment at the delay of the consultation women; 5 men project  Highly concerned about land acquisition and compensation  Road design to be more vigilant of new developments encroaching along certain parts of the CCIR Siumu Public 30 plus Village mayor’s  Paramount chief, mayor and the village consultation – attendees house council have given their support for the September 2018 road upgrade  Reiterated the importance of respecting the fa’a Samoa  Willing to collaboratively engage when necessary; either as workers or with land compensation matter  Raised concern on the current poor road design and asked to ensure footpaths, signage and traffic lights are included in the upgrading road design

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Stakeholders Attendees Venue Key Points NGO – Women 4 women WIB HQ - Faleata  A lot of opportunities exist for women in Business including entrepreneurs in Samoa director Adi Tafuna’i  WIB have for example facilitated Samoan virgin coconut oil into the Body Shops worldwide – this oil is produced by women in communities in Samoa  Women along the road stretch are already quite involved in business opportunities – e.g. cafes, shops, accommodation. NGO Loto One man and Loto Taumafai  Collect between 7-10 disabled children Taumafai – one woman school each day from along CCIR in special Special needs organization and needs bus. school  Must drive into individual houses as cannot stop along road – makes it time consuming but ensures safety Two women stall 2 women CCIR  Poor current road design with no holders proper footpaths, bus bays made it hard for travelers to stop by and buy from them.  A better road can possibly provide better economic opportunities for them  Palalaua One woman Siumu  Current road is unsafe for students as College pedestrians; has no doubt this can school contribute to some students coming teacher late to school.  During bad weather there is apparent absence of some of those students from school. Perhaps a bus shelter can help address this issue

Many of the safety issues raised during previous consultations were reiterated in 2018, along with general support for the project. A few new issues were raised in 2018 that hadn’t been addressed previously, including: (i) Incidences of sexual harassment on buses; (ii) Safety concerns around poor bus designs; (iii) Verbal abuse from bus drivers towards women; (iv) Existing repairs are already starting to deteriorate; (v) Lack of designated bus stops; (vi) Issue with Mynas supermarket has now been addressed as building has now been moved.

The 2018 consultations helped identify gender-specific issues that were not identified previously.

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Key consultations are further elaborated as follows Siumu community consultation Ref.: Siumu community consultation – customary landowners and residents for the southern end of the CCIRUP Meeting Project status update & invitation for comments Subject: Meeting Date: 13 September 2018 Venue: Siumu Mayor’s private residence Attendance: Community: Siumu Mayor and community members Government: LTA, MNRE & Consultant reps

Meeting Transcript:

1. Formalities. Ava ceremony and breakfast provided by the village. 1. Project status update. Consultant’s team leader (TL) presented an overall project update. 2. Community comment. On behalf of the community in attendance, Tofaeono re- assured the government attendees of its support for the project. 3. Social safeguards update. Consultant’s international social safeguards specialist provided an update. 4. MNRE comment. MNRE representative advised attendees that they will come and consult with affected families and individuals regarding land acquisition and compensation once the project design has been finalized. 5. Community comment. A community member raised concern that when the upgrading is done, as seen in other upgraded roads, drivers tend to speed up and it is important to ensure the safety component of the project. It is also important to ensure that there are streetlights and reflectors. They also noted that the fog at times can be so thick at some parts of the road and can be hazardous. Given the sparse population distribution along some parts of the road, the village requested if shoulders can be built along some areas in case of emergencies e.g. for flat tire or in event of car breakdown. 6. Consultant reply. Consultant’s TL replied confirming that shoulders and reflectorized road marking and signs were already included in the road design plan. Street lighting could, within reason, also be provided. 7. Community comment. One community member expressed that he was looking forward to the planned road upgrade being completed, as he could see the potential for more tourists using the road. Another asked if there would be sidewalks (footpaths). Tofaeono (paramount chief) acknowledged the privilege of being a recipient of this expensive development project. The Mayor asked what if someone interrupts the actual upgrading process? 8. MNRE reply. MNRE replied that this shouldn’t be happening because MNRE would firstly consult all families with lands affected and compensate them accordingly before the construction of the road. 9. Major’s reply. In 2016 when we first met (consultation under ERAP), I raised the issue of the increasing number of school children walking downhill from inland to our village primary and college. I raise it again to please consider building footpath for their safety. 10. Taefaeono comment. Taefaeono commented on how the attitudes of young drivers, being reckless and careless have contributed to the increasing number of the road accidents. He also asked the LTA and Police to look out for the drivers without license. They are the ones who also cause accidents. With the poor conditions of the road, whereas back in the days with only a dirt track, there was never a single accident.

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VAILIMA COMMUNITY CONSULTATION

Ref.: Vailima (and general public) community consultation – publicly advertised consultation (for anyone to attend); mainly included representatives of the urban Apia area in northern end of the CCIRUP Meeting Project status update & invitation for comments Subject: Meeting Date: 12 September 2018 Venue: Vailima Church Attendance: Community: Open public forum mainly including urban Apia community members Government: LTA, MNRE & Consultant reps

Meeting Transcript:

1. Community comment. One community member asked why just a bandage road? 2. LTA reply. LTA rep clarified that the recent resealing works done on the CCIR were a temporary measure only. 3. Community comment. One community rep expressed his concern about the flooding from the runoff – believes it’s the poor design further up from his residence, and he has some photos as evidence and he’s happy to send them to LTA for proof (around the US Embassy). 4. Consultant reply. Consultant’s team leader (TL) stated that they were currently designing with drainage in mind as part of the upgrading works and were not only taking into consideration overall drainage improvement, but also accounting for an anticipated increase in rainfall amounts and frequency of extreme rainfall events due to the impacts of climate change. 5. Community comment. One community rep asked why they had been delayed. 6. Consultant reply. Consultant’s TL reasoned that there were several issues causing the delay, including a change in funding and donors. The TL clarified that the new donor is the Asian Development Bank, and that as part of their necessary due diligence exercise before fully committing project funds, comprehensive study and reporting on numerous topics was required before actual works could be tendered for construction. 7. LTA reply. LTA rep further added that a new round of consultations was also required because of the change in funding and donor. 8. Community comment. One community representative proposed to include bus stops in the design for smooth traffic. Expressed frustration at seeing the delay when a bus stops anywhere it wishes. Requested to please ensure there is equal allocation of bus stops. His observations of the West Coast Road were that bus stops were more on one side and less on the other side. He suggested for LTA to ask the villagers and mayors to help identify the most suitable bus stop locations instead of them trying to figure out it alone. He emphasized the importance of obtaining local knowledge to assist with planning. 9. LTA reply. LTA rep replied that there will be site visits today by the consultant at 3pm for further clarifications. 10. Community comment. One community rep asked in the design had been completed. 11. LTA reply. LTA replied that it was almost completed. It needs to incorporate some new development to the plan. 61

12. Community reply. The community rep replied that if it is not yet completed, we should take advantage therefore of this consultation to give you some ideas and thoughts to assist with design. Issues or concerns raised must be taken into account when designing. These include: (i) Road safety. Nafanua section in particular, there is always a hold up when a bus stops to pick up people. (ii) Falealili street is so unsafe, narrow and unsafe. (iii) Planners to consult the mayors for the most appropriate locations of bus stops. (iv) Issues of runoff and poor drainage where it becomes so dangerous when children walk and cross the road. (v) Passionate about making this upgrade happen, accidents happen, and lives are already lost as a result, my nephew was one. (vi) The current bandaged road is not good enough. (vii) Not blaming LTA, the law makers who should really look into those issues. (viii) Remarked on the new developments emerging because of the delay of the road construction. The community rep concluded by saying I was the mayor of Tanugamanono village, and you promised the road would be built next year, and yet it is taking too long.

13. Community comment. A female community representative added the following: (i) I’m living at the Leufisa intersection – there was a drainage built before, and in front of our house there was deeper part of the drainage, and all the water ended up there, it overflowed and flooded our graveyards. (ii) I came because I heard that our lands will be affected. Where exactly or which parts of our lands will be affected? You see that pegging is already there to define boundaries, where and how is this going to be handled? (iii) Our concern is the graveyard – very sensitive and sacred issues.

14. LTA reply. Once the design is finalized, we will carry out individual consultations, with the APs. 15. Consultant reply. Consultant’s international social safeguards specialist outlined the social safeguards for the project, further elaborated as follows: (i) Design is about 70% completed and that’s why we are here – it’s your road and we need your input. (ii) ADB being the new donor, they have an emphasis on the vulnerable, women and children, e.g. bus stops and bus shelters. (iii) To understand people’s concerns and requirements the social safeguards process will include: a. Social profile. b. Gender Action Plan c. Resettlement Plan 1. Land acquisition as per ADB guidelines which requires minimal disturbance 2. Awareness of “faa-samoa” in the process. 3. MNRE will be involved in providing land evaluation and compensation to APs.

16. Community comment. A community rep asked if it’s possible to have a look at the design before endorsement. 17. LTA reply. The public can see the design before endorsement. 18. Community comment. With reference to my village, Tanugananono, I humbly ask to have an immediate road hump in front of the EFKS and school Tanugamanono, to slow

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traffic down. It is very unsafe for the children. To be done immediately while waiting for the new upgrading. Not just going to school but also for Sunday school. 19. LTA reply. Please provide an official letter to LTA and we will follow that up. 20. Community comment. We have been voicing the same concerns in a couple of national meetings, yet nothing is done. 21. LTA reply. Yes, but assessments also need to be carried out before any hump is done. Engineers need to assess the particular site. 22. Community comment. Is there any power of the law to have some hedges removed as they are blocking the view of drivers especially at the curve section of the road? 23. LTA reply. Only if it is within the government reserves. There is no current law to have them removed. 24. Community comment. The curve at Nafanua – approximately 4 accidents already – poor road design…with narrow road and drainages on both sides. Any immediate response to counter this? 25. LTA reply. This is duly noted and have incorporated into the design. 26. Community comment. Is this a four-lane road? 27. LTA reply. No. It is two lanes. 28. Community comment. Does the government provide compensation if land acquisition takes place? 29. LTA reply. The LTA will work collaboratively with MNRE to carry out assessment and compensations. 30. Community comment. If it’s okay to ask questions regarding drainage cleaning and roadside maintenance and cleaning e.g. mowing. He feels that the paid contractors are not doing a proper job. Recommend paying families to tend to their road frontage side in terms of cleaning, gardening and mowing the grass. 31. Community comment. Will the other utilities be affected? They asked this because they witnessed an incident where a casualty had to be rushed from the south side to the Motootua hospital. Their car had got stuck because of the fallen electricity pole during the recent cyclone. Also, roads are continuously being dug up several times by either the SWA or Bluesky. 32. LTA reply. We are aware of it and already made negotiations with those respective ministries to have it sealed properly again. 33. Community comment. What about ecological and cultural sites – can you give examples? 34. Consultant reply. Consultant’s international social safeguards specialist gave some examples as graves – too cultural and sensitive to attempt to move. Trying to minimize the adverse impacts and possible minimal interruptions and as much as we want to have a much wider road than currently, while being very mindful of land issues and all. 35. Community comment. Sees that suggesting ‘cultural sites’ may be discriminating - all lands are culturally significant. 36. Community comment – church minister - I heard that RLS might be affected. Looks like then that our fence (EFIS) will also be affected since we are adjoining. What if we don’t want it to be affected? Or maybe we want to be compensated higher than what you offer? 37. MNRE reply. MNRE will always consult with the affected parties to ensure all issues are settled regarding land acquisition. 63

ATTENDANCE AT THE KEY PUBLIC FORUMS AND WOMEN’S FOCUS GROUPS

Attendance at the Valima Public Information Meeting – 12th September 2018

Attendance photos from the Siumu Public information meeting – 13th September 2018

Paramount chief and Siumu mayor in attendance

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Cultural protocols

Discussion specific to RP by Filisita from MNRE accompanied by representatives from LTA and SMEC.

Women’s focus group discussions attendance

SIUMU WOMEN FOCUS GROUP VAILIMA FOCUS GROUP 1 Lesa 2 Toloafa 1 3 Saveatama Sisifo 2 4 Lema Loto 5 Pito 3 6 Moli Eseta 4 7 Tava’e Leaso 8 Ian 5 Aiaraisa 9 6 10 VAILIMA 11 Sione 7 Tolu 12 Tofaeono 13 Lio 14 Epa 15 Eseta 16 Gauula 17 Tootoo 18 Anovale

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VAILIMA PUBLIC CONSULTATION – April 2016 Ref.: Public community consultation – publicly advertised consultation (for anyone to attend); mainly included representatives of the urban Apia area in northern end of the CCIRUP Meeting Project status update & invitation for comments Subject: Meeting Date: 13 April 2016 Venue: Vaoala Congregational Church Hall Attendance: Community: Open public forum mainly including urban Apia community members Government: LTA & Consultant reps

Meeting Transcript: The following documents key comments raised by the community.

1. This is what the community has wanted – a presentation to explain the project and process. The community want proper consultation. 2. Requested secure barriers during construction to keep children out of danger. 3. Concern regarding outfall running on roads, homes and bringing rubbish especially behind US Embassy. The drainage pipes are too small to effectively manage the water flow and rubbish can block the pipes. 4. How long will people have to wait for compensation for land acquisitions? People not doing this for compensation as there is the need for a good road. 5. Request for footpaths in the design. Some would like footpaths on both sides of the road. If the footpath will be only on one side would like to know in advance which side that would be. One person asked that the footpaths be built and not extend the road. 6. Concern regarding the growing congestion on the road and for the design to consider a passing lane. 7. Concern regarding the construction company that will be used to construct the road – whether they will meet necessary good standards. Contractors should clean up the site properly. 8. Concerned regarding buses stopping on the road and cause congestion – need for bus stops. 9. Concern regarding the S bend contributing to a lot of accidents. The whole road can be a safety issue. 10. The CCIR is an important link road providing access to emergency services including main connection to the hospital. 11. 42 years ago, only one bus on the road and hardly any cars on the road. The road is now narrower than before. There are now more people using buses especially school children. Need to build a road that accommodates everyone comfortably. 12. Buses use the CCIR to travel to Falealili. There is no good signage on the road. 13. The road is not safe for driving during storms. At times it is blocked during storms. 14. Road condition just needs to be improved and done properly. Need a proper design so that it will not affect people’s lives later on. 15. Need to involve the utilities in discussions. Why were the utilities upgraded before the road? 16. Communities can be involved with the construction.

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MEETING WITH PULENUU TANUGAMANONO - MALOLOLELEI

Meeting Date: 06 June 2019 Location: MWCSD Building, Apia

Meeting Time: 10:00am – 12:00pm

Present Su’a S Lemavae (SSL, m: Mayor of Malololelei ) Tuu’u Leiato (TL, ) Mayor of Siumu Sasa’e Atuaia Kitiona (AK, ) Mayor of Siumu Sisifo

Tele’a Kamu (TK) MWCSD Peleki Sanalua (PS) MNRE Su’a Tuaena(ST) MNRE Leuluso’o Mauala (LM) Meresaini Siaosi-Laulua (MSL) ADB NSSS Lealaivailu'u Hillary Tanielu (LHT) LTA Sharanalei Ward (SW) LTA

Apologies Maverick Wetzell LTA

Circulation Ulu Bismarck Crawley (CEO) MNRE Galumalemana Taatialeoitiiti Tutuvan – LTA Schwalger (CEO) Afamasaga Faauiga Mulitalo (CEO) MWCSD Manumaleuga Filisita Heather (ACEO) MNRE Tagaloa Shirley Malielegaoi (ACEO) MNRE Safuta Toelau (ACEO) MNRE Maverick Wetzell (Manager) LTA Levi Auelua (Chief Surveyor LTA) LTA Telea Kamu Potogi (Principal) MWCSD Lealaivailu'u Hillary Tanielu (LTA) LTA Shaanarlei Ward (Principal Safeguard LTA LTA) Petania Tuala (Principal Surveyor) MNRE Sam Meredith (Consultant SMEC) LTA Tiumalu Malcom Esera (LTA) Peter Ward (Consultant SMEC) LTA Consultant SMEC Meresaini Siaosi-Laulua (Consultant ADB) ADB NSSS Ninebeth Saguan Carandang (ADB ADB SS Donor) 67

1.00 Meeting Objective Action Responsible To solicit support by Mayors of villages Explained the aim of the overall MSL ADB between Tanugamanono – Siumu 3-T project – to upgrade existing NSSS Junction for the CCIRPU road: widening selected areas, footpath, drainage, utility services relocation, road alignment improved design and pavement strengthening. Initial Consultation with affected person(s) to survey and peg project road alignment. Second consultative process involves families, to ensure mutual understanding of affected area of land parcel and properties to establish compensation at market rate.

2.0 Line of Communication Initial point of contact before carrying out LTA Consultant SMEC Surveyor LTA survey is the respective village mayors to contact LTA, then contact Village Mayor using contact mobile numbers obtained

3.0 Issues Discussed 3.1 Acknowledged by all mayors attended the Noted meeting, the second consultation of the same road project by LTA. 3.2 Siumu I Sisifo mayor AK, fully support the LTA to contact respect village project and its scope. Confirmed most of mayor prior to SMEC Surveyor LTA the land within the vicinity of 3-T Junction arriving at site. and of the 14km towards Apia direction are customary land. Most families have been informed of the project and look forward to working together in support of road improvements for public and themselves having transport improved/upgrade of central cross-island route access. 3.3 Malololelei mayor SSL – to consider LTA to reflect junction LTA drainage and road improve/upgrade at improvement/upgrade in design the road junction for side roads turning off phase from the CCIR 3.4 Compensation – Mayor of Siumu I Sasa’e LTA confirmed there will be LTA asked if there will be compensation compensations for land area acquired to accommodate the road project upgrade min. 16m total width of the legal road reserve of 22m. Furthermore plants, fence etc. contain within affected area of land to be acquired for the project will be compensated.

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3.6 Support CCIRUP – Mayor of Siumu I Sisifo noted the village’s full support of the project and are anxious to proceed asap. The same support was indicated by all other village mayors. 3.7 Agreed with LTA for SMEC Surveyor to LTA to establish first contact with LTA commence on 22 July 2019 the survey respective village mayor before and peg road alignment on site, but must entering any land contact first respective village mayor before proceeding.

4.0 Other Business Transport allowance. LTA paid each village mayor $50 LTA to compensate for transport and meal.

5.0 Meeting closed 11:50pm

Prepared by: Ms. Meresaini Siaosi-Laulua ADB National Social Safeguard Specialist

MEETING WITH PULENUU TANUGAMANONO - MALOLOLELEI

Meeting Date: 12 July 2019 Location: MWCSD Building, Apia

Meeting Time: 10:00am – 12:00pm

Present Pua’afu John (PJ, m: ) Mayor of Vailima So’oalo Koroseta (SK, m: ) Mayor of Vaoala Si’usamūsa Papa (SP, m: Mayor of Tanugamanono ) Su’a S Lemavae (SSL, m: Mayor of Malololelei ) Mata’utia (M, ) Mayor of Tiapapata Taliulu (T, ) Mayor of Papauta Lupo Fruean (LF, No contact number) Mayor of Nafanua

Tele’a Kamu (TK) MWCSD Safuta Toelau (ST) MNRE Manumaleuga Filisita I Heather(MFH) MNRE Meresaini Siaosi-Laulua (MSL) ADB NSSS Tanuvasa Ofoia (TO) LTA Tiumalu Malcom Esera (TME) LTA

Apologies 69

Maverick Wetzell LTA Lealaivailu'u Hillary Tanielu LTA Sharanalei Ward LTA

Circulation Ulu Bismarck Crawley (CEO) MNRE Galumalemana Taatialeoitiiti Tutuvan – LTA Schwalger (CEO) Afamasaga Faauiga Mulitalo (CEO) MWCSD Manumaleuga Filisita Heather (ACEO) MNRE Tagaloa Shirley Malielegaoi (ACEO) MNRE Safuta Toelau (ACEO) MNRE Maverick Wetzell (Manager) LTA Levi Auelua (Chief Surveyor LTA) LTA Telea Kamu Potogi (Principal) MWCSD Lealaivailu'u Hillary Tanielu (LTA) LTA Shaanarlei Ward (Principal Safeguard LTA LTA) Petania Tuala (Principal Surveyor) MNRE Sam Meredith (Consultant SMEC) LTA Tiumalu Malcom Esera (LTA) Peter Ward (Consultant SMEC) LTA Consultant SMEC Meresaini Siaosi-Laulua (Consultant ADB) ADB NSSS Ninebeth Saguan Carandang (ADB ADB SS Donor)

1.00 Meeting Objective Action Responsible To solicit support by Mayors of villages Explained the aim of the overall MNRE MFH / between Tanugamanono – Siumu 3-T project – to upgrade existing LTA TO / MSL Junction for the CCIRPU road: widening selected areas, ADB NSSS footpath, drainage, utility services relocation, road alignment improved design and pavement strengthening. Initial Consultation with affected person(s) to survey and peg project road alignment. Second consultative process involves families, to ensure mutual understanding of affected area of land parcel and properties to establish compensation at market rate.

2.0 Line of Communication Initial point of contact before carrying out LTA Consultant SMEC Surveyor LTA to contact LTA, then contact

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survey is the respective village mayors Village Mayor using contact mobile numbers obtained

3.0 Issues Discussed 3.1 Tanugamanono mayor SP, sa Toā land LTA to seek court permission LTA pending court decision of 15years to prior to surveyor entering land date. LTA to obtain approval for surveyor to enter if required 3.2 Malololelei mayor SSL - will liaise with LTA to assist village mayor with Methodist land administrator because consultation for the Methodist LTA Pulenuu duties is outside of liaising with church authorized representative. Methodist Reps and require LTA assistance please 3.3 Papauta mayor Taliulu - will liaise with LTA confirmed to assist village EFKS land administrator because mayor with consultation for the Pulenuu duties is outside of liaising with Methodist church authorized EFKS Reps and require LTA assistance representative. please 3.4 Mayor of Nafanua – did not attend this Invite / Contact mayor directly to MWCSD / LTA meeting explain 3.5 Compensation – Mayor of Vaoala asked MNRE MFH confirmed there will if there will be compensation be compensations for land area acquired to accommodate the road project upgrade min. 16m total width of the legal road reserve of 22m. ADB NSSS MSL added plants, fence etc. contain within affected area of land to be acquired for the project will be compensated. 3.6 Support CCIRUP – Mayor of Vailima noted the village’s full support of the project and are anxious to proceed asap. The same support was indicated by all other village mayors. 3.7 Agreed with LTA for SMEC Surveyor to commence on 22 July 2019 the survey and peg road alignment on site, but must contact first respective village mayor before proceeding.

4.0 Other Business None.

5.0 Meeting closed 11:55pm

Prepared by: Ms. Meresaini Siaosi-Laulua ADB National Social Safeguard Specialist

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Vaitele Office 6. Phone: (685) 26740/41 LAND TRANSPORT AUTHORITY Fax: (685) 26739 PULEGA O FELA'UAIGA I LE LAUELEELE Savaii Office 7. Phone: (685) 51508 GOVERNMENT OF SAMOA Fax: (685)51207 Private Mail Bag 8. Email: [email protected] Web: www.lta.gov.ws Please address all correspondence to the: Chief Executive Officer, Land Transport Authority

DRAFT RP DISCLOSURE REPORT

A. INTRODUCTION

The purpose of the community and stakeholder consultation during the draft Resettlement Plan (“RP”) disclosure is to ensure that all relevant affected parties (“AP”) are aware of the Cross Island Road Project and its subsequent activities that may affect part of their lands and non-land assets and also have the opportunity to raise any key issues that may be addressed during the design and implementation phase of the project.

This report provides a summary of how the consultation was implemented and key issues/comments raised by the participants that may need due consideration.

The DRAFT RP DISCLOSURE REPORT is prepared for the Asian Development Bank in accordance with the requirement to proceed with the internal review process.

B. CONSULTATION STRATEGY

The draft RP disclosure aimed to ensure that all stakeholders, directly and indirectly affected persons are aware of the measures and procedures put in place to minimize any potential disruptions prior to and during construction works. Participants were also provided with information concerning the due process that will apply to address any complaints / issues arising out of the project that are received by LTA staff and the communication of an agreed resolutions as part of the planned grievance redress mechanism. In addition, the participants were briefly informed on the land acquisition and non-land asset compensation which will require further consultation/discussion with the directly affected parties in the later stages of the RP implementation.

Two sessions of consultations were held on the 13th of February 2020, disclosing the RP to both the Urban and Rural (Siumu) sections respectively and approximately 50 people attended the consultations on the day. The consultation kicked off with a presentation providing information to stakeholders on the overall project scope. Copies of the Draft RP both in English and selected sections translated into Samoan language were made available on the day to all participants. The discussions were led by the LTA, MNRE, with SMEC providing clarifications on the technical aspects of the design and supported by GCF-VCP.

Registration forms were completed for initial record keeping of affected persons who attended the two sessions. Details of information collected on the day included contact phone number, land tenure, some Sa’o of customary lands, number of

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households and residential village without lot/parcel number of land affected. The latter information will be inserted in the registration form once MNRE approves the survey plans.

A range of discussions were implemented during the consultation including, but not limited to the following:

● Overview and objectives of the CCIRUP ● Overview of Donors (GCF-VCP, ADB) ● Overview of the draft-final Resettlement Plan ● Grievance and Complaints Redress Mechanism procedure put in place ● Land Acquisition and non-land asset compensation

C. KEY STAKEHOLDER ISSUES RAISED

The feedbacks from the participants/stakeholders during the draft RP disclosure were found to be consistent, in terms of issues and concerns raised during pre-project general consultation, and reflected in the current design.

In general, the participants showed a general understanding of the need or purpose of the project. They voiced great support towards the proposed project and reiterated the need or importance of improving road conditions especially upgrading of the drainage system as flooding has been an issue on the CCIR.

Other common issues raised were: ● Rate of compensation ● Number of bus shelters/stops and speed humps allocated ● Land-taking procedures ● Temporary loss of livelihoods (roadside stalls)

GENERAL ISSUES RAISED RESPONSE

RATE OF COMPENSATION

Several community members voiced There are guidelines/procedures in place that concerns on the rates or amount of will be followed to determine the rates that will compensation they will be given for affected be used to calculate the total compensation lands/non-land assets. given to respective affected persons. In terms of land evaluation - should the family disagree with the evaluation that was done by the government, the family has all the right to find an independent valuer at their own cost, to obtain a second opinion.

NUMBER OF BUS SHELTERS/STOPS AND SPEED HUMPS ALLOCATED

Community members requested for additional Importance of having speed humps and bus bus stops and speed humps - specifically one shelters for community safety are a priority. in each village. The participants also stressed Hence, this has already been addressed and the importance of having a speed hump near incorporated into the design. schools along the stretch of road. 73

LAND-TAKING PROCEDURES

Participants requested clarification on the Each affected household/persons whose land land-taking procedures and if affected will be acquired for project works will later be households will be compensated. individually consulted. Compensation will be based off an evaluation conducted by the Ministry of Natural Resources and Environment (MNRE). The main goal of the consultations and follow-up consultations is to ensure that the AP’s fully understand the process and subsequent procedures that will take place.

TEMPORARY LOSS OF LIVELIHOODS

Members voiced concerns to potential Temporary loss of livelihood which includes temporary loss of their roadside stalls. roadside stalls have already been accounted Requested for clarification on how this issue for. Should the structure need to be removed will be addressed. - the rightful owner will have the options to either receive cash compensation at full replacement cost or the contractor will reinstate at no cost from the affected owner.

D. SUMMARY

In summary, feedback from the participants showed great support towards the project. Stakeholders and community members understand the importance of the proposed works which are aimed to provide a more climate resilient and long-term improvement of the road network.

No major issues were raised that would prompt a need to alter the design or make changes to the draft RP.

E. PHOTO GALLERY

Urban Section – participants seated after Urban section participants registration

Rural section (Siumu) – attendance and Urban section participants participant’s registration 74

APPENDIX 2: CONSULTATION FLIER

The Central Cross Island Road Upgrading Project

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The Asia Development Bank (ADB) is providing support for a technical assistance project for a fact-finding mission which will form the basis of funding for procurement and implementation of the Central Cross Island Road Upgrading Project (CCIRUP). The Ministry of Finance (MOF) is the Executing Agency and the Land Transport Authority (LTA) is the Implementing Agency. The Technical Assistance for project preparation is led by SMEC International Pty Ltd (SMEC) in association with local sub-consultant Meredith Sam Manuel Ltd (MMSM) of Samoa. There will be a formal Fact-Finding Mission, between December 2018 and February 2019, led by ADB.

A. The Current State of the Central Cross Island Road

A number of issues are currently experienced along the Central Cross Island Road which have resulted from natural, climatic, load and maintenance factors including:  Increasing instability and the risk of landslips during extreme rainfall  Unsafe pedestrian access  Premature pavement and road tar seal erosion  Poor drainage systems along the road resulting in lower area flooding and rubbish deluge. The following images are indicative of the current road state in selected areas that make it difficult to commute safely, especially during peak periods of heavy traffic.

The design is almost complete and once endorsed by LTA and funding agencies, procurement will commence.

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B. The Upgrade

 Will be tendered out for a competitive bidding process once land issues have been sorted and funding has been secured.  Road works will last approximately two years as determined by the design and construction.  The life expectancy of the new road is expected to be approximately 20 years.  Some nuisance effects will be experienced by nearby communities and road travelers during construction, including dust, delays and noise. This will be managed through the Environmental Management Plan (EMP), implemented by the proposed contractor.  The new road alignment generally follows the existing route. It has been improved for safety including sight distances, width, and additional road markings and signs including side road connections. Land acquisition and relocation or removal of roadside features such as hedges, fences, trees, vegetation and temporary structures such as roadside stalls will be required in select locations (not required for the entire alignment).  Existing utility services in the Central Cross Island Road include water, power, and telecommunications. These will also be relocated into dedicated utility corridors as part of the civil works.  All significant ecological and cultural sites will be mapped and avoided in the upgrade process.  Further consultations will occur throughout the process; especially with relevant individual persons and lot owners affected by the upgrade.

Questions and comments are welcome and can be addressed to: LTA Phone 26740 Email:[email protected]

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Appendix 3: Inventory of Losses

Note: The Inventory of Losses has been provided to ADB for their due diligence activities and records. The document contains confidential information that cannot be publicly disclosed at this time. The final Inventory of Losses will be disclosed to affected persons once it is completed.