Due Diligence Report Project Number: 41509-013 August 2016
PNG: Rural Primary Health Services Delivery Project (Loan 2785 and Grant 0259)
Prepared by the Department of Health for the Asian Development Bank.
This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgements as to the legal or other status of any territory or area.
Papua New Guinea Rural Primary Health Services Delivery Project DUE DILIGENCE REPORT Brigiti Community Health Post Site
AUGUST, 2016
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INDEX
Executive Summary Project and Community Health Post Description Brigiti Community Health Post Site - Description and Area Scope of Land Use/Purchase Socioeconomic Information Information Disclosure, Consultations and Participation Grievance Redress Mechanism Applicable Policies and Laws Agreements on Land Use Compensation and Benefits Budget and Sources of Funds Institutional Arrangements Implementation Schedule Monitoring and Reporting
Annex One: Site Plan Annex Two: Land Survey Annex Three: Land Investigation Report Annex Four: Valuation Report Annex Five: Voluntary Land Use Agreement Annex Six: Certificate of Alienability Annex Seven: Deed of Release Annex Eight: Sale & Transfer of Land
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EXECUTIVE SUMMARY
The village of B igiti, so eti es efe ed to i offi ial do u e ts as Apa gai , is i the Albiges Mablep Local Level Government (LLG) area of Maprik District in East Sepik Province, PNG. The LLG had a population of 14,657 at the time of the 2011 census with an annual growth rate over the previous ten (10) years of 2.7%.
B igiti is situated app o i atel 5 i utes d i e est f o Map ik to a d a fu the kilo et es (1½ hours) from the Provincial capital of Wewak.
Whilst the people of the Brigiti area have relatively good access to commercial services the condition of the health infrastructure in the remote rural areas of the Maprik District is poor with most people required to travel to Maprik town or beyond to the Provincial General Hospital in Wewak for treatment of all but low acuity health conditions. The rate of private vehicle ownership is very low with the majority of the population dependent upon public motor vehicles when health care is required. Since public transport generally only operates during daylight hours this further constrains access to healthcare.
In 2010, the mortality rates were 79/1000 for infants under one year and 115/1000 for children under five years of age. (National Research Institute Health Report, 2010).
The 2015 Health Sector Performance Annual Review (SPAR) records that only 29.80% of projected deliveries by mothers of Maprik District were supervised in a health facility despite 62.28% of expectant mothers accessing antenatal care at a health facility in the District. This reflects the unavailability of health services outside of normal public servant working hours. The supervised delivery rate is well below the National target of 80% and the National average of 37.0%.
The 2015 SPAR also records that 10.81% of infants delivered in a health facility in 2015 in the District had a birth weight of less than 2.5 kilograms and that 28.31% of children under the age of 5 years examined in District health facilities were suffering some level of malnutrition. Immunisation rates for measles amongst children less than 5 years of age were just 36.50% and pentavalent immunisation rates were 48.95%. The National targets for these rates are 90%.
These high infant and child mortality rates and other very poor indicators of health make a compelling case for the development of additional, more accessible health facilities within Maprik District.
The proposed Community Health Post at Brigiti will be classified as a Level 2 Health Facility under the PNG National Health Ser i e “ta da ds, s ‘ole Deli eatio Mat i . It will be required to provide maternal and paediatric primary health clinics. Provision will also be made for 24/7 birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage and stabilisation of critically ill patients prior to referral to higher level facilities. A modest Procedure Room will be provided to allow emergency care of trauma or serious medical conditions prior to referral. Discrete consultation rooms will be provided to ensure privacy for clients seeking care or advice for their conditions.
The Brigiti Community Health Post will have five (5) inpatient beds and is expected to provide health services for up to fifty (50) persons per day. The Community Health Post staff will also have a major role in health education and promotion in the area and will coordinate the activities of Village Health Volunteers working in the catchment area to generate demand for antenatal care, supervised deliveries, family planning and immunisation.
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The site proposed fo the Co u it Health Post the usto a o e s is k o offi iall as Lo Ap , is registered as Portion 120C, Milinch of Suain, Fourmil of Wewak and District of Maprik and consists of 0.887 hectares of flat, recently cleared land and is partially occupied by three (3) derelict buildings used in the past as an Aid Post and staff accommodation respectively. The site is partially fenced and is adjacent to the Brigiti Primary School and fronted by the main Drekikir/Maprik Road.
The land was formerly owned by five (5) land owning clans and was inherited by them from their forefathers. The Clans are the Kwambakum, Toskum, Gaikum, Mungokum and Kambakum and each Clan publicly nominated o e se io e e to e ou ep ese tati es a d age ts fo the pu pose of executing a transfer to the Administrator over that piece of land known as Brigiti (Lo Ap) containing 0.887 hectares and situated at Brigiti Primary School in the District of Maprik, Province of East Sepik and we do authorise our agents to accept on behalf, all moneys and considerations paid by the said Administrator in connection with the proposed transfer of the said pie e of la d . The nominations were made on 16th July, 2015 at the time of compilation of the Land Investigation Report.
The Brigiti landowning clans agreed initially to give their land voluntarily for the building of the Community Health Post. However, ultimately, permanent use of the land was obtained through negotiated purchase following the Land Act and Land Assessment Framework. This is in accordance with GoPNG policy, that all State infrastructure should be built on State land. The acquisition by the State of a small plot of land for the construction of the Brigiti Community Health Post was based on the la s, egulatio s, a d poli ies of the PNG Go e e t a d the ADB s “afegua d Poli Statement (2009).
The Brigiti landowners say that they have ample remaining land for gardens and there will be no adverse impacts on the village economy or on individual household incomes due to the alienation of land for the Community Health Post construction. Apart from minor disturbances to the environment during construction, there are unlikely to be any adverse socio-economic impacts on the affected households and they will benefit from the land payments made for the purchase of clan land.
The land was valued by the Valuer-General at K181,000 and Certificate of Alienability No. 24/10-2016 was granted by the Secretary, Department of Provincial and Local Government Affairs on 5th October, 2016.
The Maprik District Development Authority formally acquired the land on behalf of the State on 13th September, 2016 he the Deed of ‘elease as sig ed the la do e s age ts at a pu li ceremony held on the site.
A. PROJECT AND COMMUNITY HEALTH POST DESCRIPTION
Background
1. The Rural Primary Health Services Delivery Project will strengthen the rural health system in PNG by increasing the coverage and quality of primary health care in partnership with State and non-State service providers to support the Government of PNG to implement the National Health Plan as it relates to rural health. The Project covers two (2) Districts in each of the following eight (8) Provinces selected by the Government of PNG: Eastern Highlands, East Sepik, Enga, Milne Bay, Western Highlands, West New Britain, Morobe and the Autonomous Region of Bougainville.
2. The Project will make improvements in both the supply and demand sides, and strengthen the policy and legal framework for health services at all levels. There are six outputs:
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Output 1 – National policies and standards. Assisting the National Department of Health (National Department of Health) to develop policies, standards, and strategies for new Community Health Posts, and human resource strengthening of the rural health sector. This will result in the development of provincial health service plans, and improvements in the health information systems.
Output 2 – Sustainable partnerships between Provincial governments and non-State actors. Partnership Committees have been established to improve coordination and efficiency among providers, (churches and NGOs) and to increase consistency and accountability
Output 3 – Human resource development in the health sector. The Project will increase the skills of health personnel in rural communities, focusing on the existing workforce. It will help Provinces to address performance and retention issues.
Output 4 – Community health facility upgrading. The Project will build 32 new Community Health Posts with 96 staff houses as well as providing medical equipment and small vehicles (cars, boats, or motorbikes). It will also provide sanitation facilities, waste management facilities and establish renewable energy supplies for those health facilities
Output 5 – Health promotion in local communities. The Project will support village health olu tee s a d i ease o e s i ol e e t a d o u it e gage e t i deli e i g health se i es ased o the health isla ds f a e o k.
Output 6 - Project monitoring, evaluation and management. The Project has established a Project Support Unit (PSU) as part of the National Department of Health which will be used as part of its health system strengthening activities.
3. East Sepik Provincial Health Office has nominated Brigiti in Maprik District as one of the sites to construct a new Community Health Post under Output 4 of the Project. Sites selected by the Provinces were required to satisfy the following criteria:
(i) the facility is located in a participating Province and District and is in a predominantly rural area;
(ii) the proposed works have been identified and designed by the relevant implementing agency in a participatory manner with input from the community;
(iii) community consultation for selection of the site has been conducted;
(iv) the proposed works are integrated into a comprehensive Provincial Health Plan;
(v) the proposed facility/site has available/earmarked budget for recurrent costs in the health function grant;
(vi) the proposed facility/site has sufficient human resources/staff and supervision capacity;
(vii) institutional and financial arrangements for construction, operation and maintenance of the facility and access to the facility have been agreed upon by the Provincial Administration;
(viii) the proposed works comply with all requirements of relevant National laws and
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regulations and ADB's Safeguard Policy Statement (2009) and the Environment Management Plan, Environment Assessment and Review Framework, and Land Assessment Framework;
(ix) the State has clear and unencumbered title to the associated land portion on which the Community Health Post is to be located, without claims of third parties, and the Province has supplied adequate written confirmation of the same from the relevant authorities and community participants, as applicable, including the relevant Deed of Release and other title documentation; and
(x) access to and from the site and proposed facility for vehicles or other means of transport to the site will already be in place or will be constructed in parallel with the project and at the expense of non-project funds.
4. Within each participating Province, the Districts to participate in the Project were required to satisfy the following criteria:
(i) The District is selected with a view to maximizing the delivery of health services for rural populations that are most underserved at the outset of the Project measured as such by the percentage of the population having access to health facilities within 2 hours traveling time.
(ii) The District is selected with due consideration for the ability to absorb and utilize the proposed investment of resources, taking into account levels of security, law and order, governance, and administrative capacity.
5. Each of the sites chosen for the construction of a new Community Health Post requires less than o e he ta e of la d to a o odate the health fa ilit a d th ee staff houses. The p oje t s i pa t is limited to partial loss of land, and in some sites, crops and trees. The landowners and local communities are expected to benefit from improved access to health services and short-term employment opportunities from infrastructure construction and maintenance. The acquisition of small plots of land for the Community Health Posts is based on the laws, regulations, and policies of the PNG Go e e t a d the ADB s “afegua d Poli Statement (2009). The Project will not finance Community Health Posts that involve compulsory land acquisition and/or involuntary resettlement impacts. The project is building on State land or church leased land and preferably, such as at Brigiti, on land where there has been an aid post previously.
B. BRIGITI COMMUNITY HEALTH POST: DESCRIPTION AND AREA
The proposed Community Health Post at Brigiti will be classified as a Level 2 Health Facility under the PNG Natio al Health “e i e “ta da ds, s ‘ole Deli eatio Mat i a d will be required to provide maternal and child primary health clinics. Provision is also made for birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage and stabilisation of critically ill patients prior to referral to higher level facilities. A modest Procedure Room is also provided to allow emergency care of trauma or serious medical conditions prior to referral. Discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The Brigiti Community Health Post will have five (5) inpatient beds and is expected to provide health services for up to fifty (50) persons per day. The Community Health Post staff will also have a major role in health education and promotion in the area and will coordinate the activities of Village Health Volunteers working in the catchment area to generate demand for antenatal care, supervised deliveries, family planning and immunisation.
6. The site provided for the Community Health Post by the customary owners is known officially as Lo Ap (Portion 120C, Milinch of Suain, Fourmil of Wewak and District of Maprik) and consists of
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0.887 hectares of flat, cleared land partially occupied by three (3) derelict buildings used in the past as an Aid Post and staff accommodation respectively. The site is partially fenced and is adjacent to the Brigiti Primary School and fronted by the main Drekikir/Maprik Road. The village of Brigiti is sometimes efe ed to as Apa gai in official documents.
C. SCOPE OF LAND USE/PURCHASE
7. The land was formerly owned by five (5) land owning clans and was inherited by them from their forefathers. The Clans are the Kwambakum, Toskum, Gaikum, Mungokum and Kambakum and each appoi ted o e se io e e to e ou ep ese tati es a d age ts fo the pu pose of e e uti g a transfer to the Administrator over that piece of land known as Brigiti containing 0.887 hectares and situated at Brigiti Primary School in the District of Maprik, Province of East Sepik and we do authorise the our agents to accept on behalf, all moneys and considerations paid by the said Administrator in o e tio ith the p oposed t a sfe of the said pie e of la d .
8. The nominated agents are Simon Wamaris of Kwambakum Clan, Michael Nikiramu (Ningiramu) of Toskum Clan, Robert Leo of Gaikum Clan, Samson Muriki of Mungokum Clan and Janet Salgut of Kambakum Clan. All nominations were made on 16th July, 2015 at the time of compilation of the Land Investigation Report.
9. Mr. Waiku Nera, Mr. Wangi Kikosna, Mr. Joel Kamanambi and Mr. Raimas Gawi, owners of contiguous land declared that, to the best of their knowledge, those Clans nominated as owners on page 2 of the Land Investigation Report are the true owners of the site and that they, as owners of eigh ou i g la d, a k o ledge thei sole ights ati e usto to dispose of that la d .
10. The Brigiti landowners say that they have ample land for gardens, and there will be no impacts on the village economy or on individual household incomes due to the alienation of land for the Community Health Post construction. Apart from minor disturbances to the environment during construction, there are unlikely to be any adverse socio-economic impacts on the affected households and they will benefit from the land payments made for the purchase of clan land.
D. SOCIOECONOMIC INFORMATION
The following maps of East Sepik Province are derived from the PNG Rural Development Handbook of 2001 developed by LW Hansen, BJ Allen, RM Bourke and TJ McCarthy and published by the Land Management Group, Department of Human Geography of the Australian National University. The depiction of occupied and unoccupied lands remains accurate and clearly indicates the concentration of the population in the arable valleys and on the coastal strip of the Province. Income levels and access to services have not improved significantly since the time of publication.
11. East Sepik Province has a population of 433,380 (2011 census) with population densities varying greatly across the Province. The Maprik District has some of the highest densities of 175 persons/km2 and an average for the Maprik District of 80 person/km2. The population of the District was 72,235 at the time of the 2011 Census.
12. The Albiges Mablep Local Level Government area in which Brigiti is situated had a population of 14657 at the time of the 2011 census. There were 101 males for every 100 females with an average of 5.2 persons per household.
13. The Province has six Districts, 26 Local Level Governments (LLGs), and 647 wards. Its population is served by the Provincial General Hospital in Wewak, three District Hospitals, 37 health centres and
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aid posts. Ma of the P o i e s Aid Posts a e losed due to thei poo o ditio a d the i a ilit to attract and retain health workers in such difficult working conditions. The Brigiti area is densely populated and poorly served with the nearest health service at Maprik.
Image 1: Map of East Sepik Province
BRIGITI
14. In 2010, the mortality rates were 79/1000 for infants under one year and 115/1000 for children under five years of age. (National Research Institute Health Report, 2010).
15. The 2015 Health Sector Performance Annual Review (SPAR) records that only 29.80% of projected deliveries by mothers of Maprik District were supervised in a health facility despite 62.28% of expectant mothers accessing antenatal care at a health facility in the District. The supervised delivery rate is well below the National target of 80% and the National average of 37.0% and probably reflects the poor access to health facilities within the District.
16. The 2015 SPAR also records that 10.81% of infants delivered in a health facility in 2015 in the District had a birth weight of less than 2.5 kilograms and that 28.31% of children under the age of 5 years examined in District health facilities were suffering some level of malnutrition. Immunisation rates for measles amongst children less than 5 years of age were just 36.50% and pentavalent immunisation rates were 48.95%.
17. These very poor indicators of health make a compelling case for the development of additional, more accessible health facilities within Maprik District.
18. Whilst the people of Maprik District generally have good access to commercial services the condition of the health infrastructure in the remote rural areas of the District is poor with most people required to travel to Maprik town or beyond to the Provincial General Hospital in Wewak for treatment of all but low acuity health conditions. B igiti is situated app o i atel 5 i utes d i e
8 west from Maprik town and a further 89 kilometres (1½ hours) from the Provincial capital of Wewak. The rate of private vehicle ownership is very low with the majority of the population dependent upon public motor vehicles when health care is required. Since public transport generally only operates during daylight hours this further constrains access to healthcare. 19. The following image reflects the overall access situation for people of East Sepik but not necessarily their access to health services.
Image 2: Access to Services – East Sepik
BRIGITI
Overall, the people of East Sepik Province are generally poor with no major income generating activities such as commercial, large scale farming, mining or other lucrative activities such as tourism to provide paid employment. There are no pockets of high or very high average income such as exist in most other Provinces in PNG.
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Image 3: Average Annual Incomes – East Sepik
BRIGITI
20. People in Maprik District practice low intensity mixed staple production of yam, taro and banana and vegetables for subsistence. Some earn moderate incomes from the sale of cocoa, Robusta coffee, vanilla, betel nut and fresh food as cash crops. Production is maintained through the use of land improvement practices such as drainage and mounding and it is generally an area of high agricultural potential. Soil fertility techniques such as green composting, fallow mounding and rotationally growing leguminous crops are used to maintain productivity.
21. Vegetables grown include kaukau, tapiok, pumpkin, sugar cane, amaranthus, aibika, beans, cucumbers, peanuts and corn. Sago palms, tulip trees (used for food and to make bilums), breadfruit, mango, ton, and galip nut are also important. Other fruits and nuts include coconuts, banana, pawpaw, pineapple, betel nut and betel pepper vine (the catkin is used to chew with betelnut/buai).
22. There is a clear division of labour with men doing most of the clearing, digging of drains, fencing, house construction, selling of cash crops such as coffee and cocoa, and running of village meetings. Women are responsible for almost all of the tilling, planting, weeding, and harvesting of crops. While o oa a d othe ash ops a e usuall ie ed as ei g o ed e , o e a e also i ol ed i harvesting.
23. While garden food is abundant, there is often a shortage of protein in diets and past nutrition surveys have found up to 50% of children are stunted with as many of 25% suffering from wasting. In recent years the situation has improved due to the development of widespread trading networks for
10 dried and fresh fish from the Sepik River. Some of the fish caught in the Sepik are brought to the Maprik market and exchanged for garden foods.
E. INFORMATION DISCLOSURE, CONSULTATIONS, AND PARTICIPATION
24. There have been extensive and on-going consultations and meetings between the East Sepik Health Office, the District Administration and the community at Brigiti regarding the proposed new Community Health Post. The main consultations are outlined below:
The initial community consultation and awareness was undertaken by Officers of the Provincial Health Office and RPHSDP Mentor for East Sepik, Jack Purai, together with the District Health Administrator. This focused on the importance and benefits of the Community Health Post and how the PNG Government and its stakeholders wanted to provide much needed health services to remote areas. The need to free up land for such investments was explained and the hope expressed that the community would take ownership of the development for generations to come. It was explained that the project would have minimal social and environmental impacts and that control measures would be taken to minimise any adverse effects upon the community.
The land screening and assessment process included a review of the participatory community consultation report done by the RPHSDP Health Promotion and Provincial Health Office team following their visit on 23rd August 2013. Community participants for this Community Action Planning (CAP) process came from Brigiti and surrounding communities.
A field visit to the proposed site was made on 10th April 2014 by the Project Safeguards Specialist, Wendy Lee, Provincial Safeguards Officer, Penias Suano, East Sepik Province Health Office Projects Officer, Anton Kafur and Maprik District Health Officer, Patrick Numba in order to assess the site for potential social and environmental impacts, to meet with landowners and sign a Memorandum of Agreement (Voluntary Land Use Agreement) for use of the land by the National Department of Health and to disclose to the community other matters such as the Grievance Redress Mechanism. An interview was held with the Community Health Worker and consultations with affected persons to fully inform them of their entitlements and to ensure that they understood the project, its impacts, and the responsibilities of parties concerned.
The proposed boundaries of the land were identified, marked, and surveyed in August, 2014 and originally lodged with the Surveyor General in September, 2014. There were some minor technical discrepancies with the original survey and a revised survey plan was not finally registered until August, 2016.
Boundaries were confirmed and agreed by the Land Officers, an official Department of Lands & Physical Planning Land Investigation Report was completed by the District Lands Officer, together with a valuation, and both were lodged in July 2015.
Land title documents were prepared by officers of the Department of Lands & Physical Planning and the Certificate of Alienability was obtained from the Secretary, Department of Provincial and Local Government Affairs on 5th October, 2016 which enabled the land to be transferred to State ownership.
25. Communities and affected people visited by the Project staff were encouraged to discuss any issues of concern to them. The most common questions asked were about how the construction
11 would be tendered and whether local firms were eligible to bid. All staff working on the various components have stressed that the tender and contracting process will be conducted in an open and transparent way so that all eligible firms can bid for the work, if they qualify according to the tender criteria.
Image 4: Customary Landowner sigining Voluntary Land Use Agreement - Brigiti – 11/04/2014
E. GRIEVANCE REDRESS MECHANISM (GRM)
27. The Project will establish a GRM, which will be accessible (considering literacy levels), predictable (known procedures, within a set timeframe), and transparent. The Provincial Safeguards Officer (PSO) will be the grievance redress focal point to address Project related concerns that may arise during implementation. Through public meetings, communities and affected people have been informed by the RPHSDP team that they have a right to grievance resolution and have been informed of how they can access the GRM. Complaints and grievance procedures will be based on those outlined in the Land Assessment Framework. These will be adapted slightly to ensure communities are easily able to register any complaints at the local level and that there is a publicly acceptable forum to deal with them.
28. A Grievance Registration book will be established at every Community Health Post site, to be held and administered by a trusted, literate member of the community. This may be the Village Magist ate, Wa d De elop e t Cou ilo , the Aid Post OIC, o e s g oup leade o othe appropriate person chosen by the community members themselves. Anyone may approach this pe so the G ie a e ‘egist a to lodge a o plai t o g ie a e. Afte the te de is a a ded a d before construction starts the RPHSDP health promotion and gender team will visit communities to set up a health committee under the Ward Development Committee structure and to conduct general
12 health and HIV/AIDS awareness training for community members and contracting staff. During this, the Grievance Registrar will be identified and trained as part of the Health Committee. 26. The Grievance Registration book will record who is making the complaint, the substance of the complaint, to whom it has been referred for action and the date. Grievance procedures may address benefits, contractor compliance, social concerns and other issues apart from disputes relating to legally contestable land ownership rights. These will be referred to the District or Provincial Land Officers, who will institute a process to resolve land disputes and grievances based on accepted procedures of mediation. As required, the participation of appointed and traditional leaders will be facilitated to achieve a satisfactory resolution of any land issues at the local level. Every attempt will be made to ensure the women affected by such issues, irrespective of traditional constraints, are included in the mediation processes. Any disputes arising over alienated land or compensation must follow procedures set out in the Land Disputes Settlement Act 2000, (explained in Section G, paragraph 35), and if mediation fails, must then be referred to an appropriate court of law.
27. The Grievance Registrar in the village will, in the first instance, contact the Provincial Safeguards Officer whose key function in relation to the GRM is (i) to record, categorize and prioritize the grievances and inform the PSU; (ii) in consultation with the Project Coordinating Committee and complainant, settle the grievances; (iii) to inform the aggrieved parties about the solution or, if a solution is not found (iv) to forward unresolved cases to the RPHSDP Project Manager or to higher authorities.
28. The Grievance Registrar must forward any complaint to the PSO within five days of receiving it. The PSO will discuss with the Project Coordinating Committee members and endeavor to find a solution within two weeks of receiving the complaint. For unresolved complaints, the PSU Project Manager will consider the complaint and within one month will convey a decision to the APs. The PSU staff, along with local health officials, will assist the Project Manager in reviewing and addressing the complai t. If the AP s a e ot satisfied ith the P“U s de isio , the a the take the g ie a e to the PNG judicial system.
F. APPLICABLE POLICIES AND LAWS
31. The PNG Constitution adopts customary law as part of the underlying law of the country and recognizes the property rights attached to customary land. According to the 2000 Underlying Act, customary law comprises the rules, rights and obligations pertaining to an individual or group by custom and tradition. Customary law applies and the courts recognize it where it is not inconsistent with written law. The Constitution also guarantees the right of the citizens to protection from unjust deprivation of property. No land or interest in land may be acquired compulsorily by the government, except as it is required for public purposes or other justifiable reasons. In the event of expropriation of land, just compensation must be made, by the expropriating authority.
32. While the Constitution does allow for compulsory acquisition for building infrastructure for health, the ‘PH“DP has stipulated that o la d ill e take ithout the la do e s full ag ee e t. Moreover, this agreement must be secured through a transparent process following the FPIC principles (free, prior and informed consent). To ensure that these principles are adhered to, the Project Safeguards staff have made joint field visits with the Department of Lands and Physical Planning staff to the proposed Community Health Post site.
33. The Land Act (1996) deals with ownership and use rights of customary land.1 It also sets out the
1 The customary land includes land owned, used or occupied by a person or community in accordance with current customary usage. Access to land and resources is embedded in social relationships and expressed as customary land rights to utilize resources. Small clan-based groups live in the villages, managing their own 13 procedures for the government to acquire customary land required for public purposes. The key provisions of the Act are (i) the government may acquire land, including improvements on land; (ii) usually the government negotiates agreements with the customary landowners for purchase of required land, but it can also compulsorily acquire the land; and (iii) the acquisition process involves several steps, including initial investigation, land survey, land investigation report (including genealogies of owner groups), determination of compensation value of land and any improvements, payment of compensation, registration of land for State ownership and transfer of title.
34. This process is being followed by the RPHSDP, working closely with the Department of Lands and Physical Planning, whose Officers are required to do the initial investigation including documenting genealogies of clans, valuing the land and its assets, registering the surveys and providing file numbers. Once this is done and approved, the file is sent to the Department of Provincial and Local Government Affairs so that a Certificate of Alienability can be issued for the title to be registered as State land. At the same time as the Government land acquisition process is proceeding, the Project is preparing standard safeguard documents for ADB approval.
35. The Land Disputes Settlement Act (2000) sets out the procedures for resolution of disputes involving customary land. The Act provides for a land disputes committee at provincial level and land courts at local, district and provincial levels. The committee can appoint land mediators. The Act promotes resolution of disputes through mediation based on the principles of traditional dispute settlement. If mediation fails, it is followed by appeal to the courts. The registration of customary landowners as an Incorporated Land Group (ILG) has been used a lot in private sector projects in PNG. While it is not a mandatory requirement for acquisition of land in case of public sector projects, registration of ILGs may be helpful in dispute resolution and negotiation with landowners. On the other hand, ILGs in the past have often been fraudulently used for the interests of a small group, rather than the whole clan. The RPHSDP will not insist on registration of landowners into an Incorporated Land Group (ILG) unless there is a specific reason why it may be necessary to secure land.
36. The Fairness of Transaction Act of 1993 relates to the effect of certain transactions, to ensure that they operate fairly without causing undue harm to, or imposing too great a burden on, any person, and in such a way that no person suffers unduly because he is economically weaker than, or is otherwise disadvantaged in relation to, another person. The purposes of this Act are to (a) ensure the overall fairness of any transaction which (i) is entered into between parties in circumstances where one party is for reasons of economic or other advantage predominant and the other is not able to exercise a free choice; or (ii) for one reason or another, without attaching any evil design or bad faith, appears to be manifestly unfair or not to be genuinely mutual; and (b) allow for the re-opening and review of any transaction irrespective of fault and validity, enforceability or effect of any agreement; and (c) ensure the fair distribution and adjustment of rights, benefits, duties, advantages and disadvantages arising out of a transaction. Transaction means any contract, promise, agreement, dealing or undertaking of an economic or commercial nature whether supported by consideration or not entered into between parties, and includes (a) an informal, complete or incomplete transaction; and (b) a transaction governed by customary law.
37. Land Group Incorporation (Amendment) Act (2009) and Land Registration (Amendment) Act (2009). These Acts were brought into effect in 2011, following recommendations from the National resources, and exercising the right to utilize them. These groups (matrilineal or patrilineal clans which are composed of sub-clans, lineage groups, and at the lowest level extended households) are typically made up of “primary rights holders” – the recognized traditional leaders of the group – who collectively have the authority to allocate secondary use rights through their spokesperson(s). Different cultures have different ways of allocating land between primary and secondary rights holders.
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Land Development Taskforce. The Acts recognize the corporate nature of customary groups and allow them to hold, manage and deal with land in their customary names, and for related purposes. These also fa ilitate the olu ta egist atio of usto a la d, to e k o as egiste ed la la d , a d makes that land available for development through the use of Incorporated Land Groups (ILGs). These laws encourage (a) greater participation by local people in the national economy by the use of the land; (b) better use of such land; (c) greater certainty of title; (d) better and more effectual settlement of certain disputes; (e) legal recognition of the corporate status of certain customary and similar groups, and (f) conferring on them, as corporations, of power to acquire, hold, dispose of and manage land, and of ancillary powers; and (g) encouragement of the self-resolution of disputes within such groups.
38. As noted above, the RPHSDP does not require landowners to register as an ILG, but may negotiate with these groups, where they exist, or encourage groups to register if they want to further develop their land in future.
G. AGREEMENTS ON LAND USE
39. The series of consultations, which were held with landowners and affected people regarding the land at Brigiti has been described in Section E. The teams visiting emphasized the benefits the community would gain by having a fully functioning Level 2 health service in the area, in return for providing land to the State. Environmental and social impacts were discussed, and the measures to control these were explained.
40. The process followed in acquiring the land is that laid out in the Land Assessment Framework which consists of the following steps for land purchase through negotiated agreement2: National Department of Health/Project Support Unit (PSU) requests the Department of Lands & Physical Planning (DL&PP) to issue an official land file number for the Community Health Post site to be purchased National Department of Health/PSU employs surveyors to determine boundaries, location, size and area of the land to be purchased in conjunction with the customary owners. It requests the Surveyor-General to register the surveys. At the same time, PSU requests the Value Ge e al s Offi e VGO to se d a Value to alue the land and any improvements (for example, garden crops, food trees, timber trees, structures). His/her report is sent to the VGO. National Department of Health/PSU also requests the DL&PP to ask the Provincial Land Officer (PLO) to conduct the investigation for land purchase. PLO will prepare a Land Investigation Report (LIR) including ownership genealogy, rights and interest held in the land and estimated value of improvements to land in consultation with the landowners, the Valuer-General and other relevant government offices. The LIR is the su itted to the espe ti e P o i e fo the P o i ial Ad i ist ato s PA signed recommendation for the land to be alienated. The completed LIR is sent back to DL&PP where the land file is compiled consisting of the registered survey plan, the valuation certificate, and the PA-approved LIR. DL&PP then sends the land file to national Department for Provincial and Local Level Government Affairs (DPLGA) where a certificate of alienability confirming that there is no impediment to land purchase is prepared. This is then returned to the DL&PP which prepares the purchase documents and advises National Department of Health when it is ready for payment. The DL&PP executes the
2 Land Assessment Framework (Revised), 11 September 2013, PNG: Rural Primary Health Services Project, prepared by the National Development of Health, GoPNG, p.11 15
purchase of the land. Details are then published in the Government Gazette allowing 21 days for objections. National Department of Health receives the land file with the survey plan, the LIR including the valuation report, and the Certificate of Alienability, and the land is paid for with State funds from various sources. In the case of Brigiti this is the District Development Authority. Copies of the signed documents are also sent to the PLO for their records National Department of Health keeps records of titles, approvals and any lease agreements.
41. As explained above, part of the process was a joint visit by the Provincial Safeguards Officer, District Health Manager, and Project Safeguards Staff to discuss and sign the voluntary land use agreement, pending completion of the processes for full alienation of the land by negotiated agreement. During the same community meeting there was disclosure of GRM to the community and an explanation of the Environmental Management Plan a d o t a to s te s a d o ditio s.
42. The Memorandum of Agreement (VLUA) regarding land use outlines the responsibilities and commitments of clans and communities as: agreeing to National Department of Health using the land for construction of the Community Health Post; affirming that the process has been based on free and prior informed choice; noting that, in the case of a voluntary donation of land, if the State does not use the land, permission to use the customary land ceases; and agreeing that they are legitimate representatives of all the clans jointly owning land. The agreement also states that when the State purchases the land it requires compensation and transfer of title. The National Department of Health responsibilities explained in the LAF are to minimize land requirements; conduct necessary surveys to determine land area, identify owners and affected people; meaningfully consult landowners and disclose the grievance redress mechanism; avoid damages to assets on the land; give priority to Affected Persons for employment in civil works at the Community Health Post site, and ensure all land payments due to APs have been completed and the site is free of encumbrances before construction work starts. A copy of the Voluntary Land Use Agreement can be found in Annex Four. Now that the land has been alienated and compensation paid, this VLUA has been superseded by the full transfer to the State of the title to the land.
44. The project at Brigiti includes construction of the standard five-bed design for a Community Health Post and will include provision of equipment, drugs, and allocation of 3-4 staff. The Province has committed to providing the required staff and the Project will ensure that they receive the relevant training to ensure the centre operates at the required standards for Level 2 health facilities in PNG. The existing aid post will be maintained (probably as a storeroom), and the existing staff house will be maintained as a waiting house for patients from elsewhere. A plan of the proposed Community Health Post is attached in Annex 1.
Following completion, the land acquisition process has been reviewed and verified by an independent third party consultant contracted by the PSU for this purpose. She has provided verification that (i) the local community and landowners support the Community Health Post construction and have agreed to provide their land; (ii) consultations and negotiations with landowners have been undertaken meaningfully, freely and in good faith and the landowners have made informed decisions on use of the land, and (iii) terms and conditions of the agreements have been explained, understood and agreed to by the landowners.
H. COMPENSATION AND BENEFITS
45. The Brigiti landowning clans agreed initially to give their land voluntarily for the building of the Community Health Post However, ultimately, permanent use of the land was obtained through negotiated purchase following the Land Act and LAF. This is in accordance with GoPNG policy, that all
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State infrastructure should be built on State land. Once the GoPNG land acquisition process had been completed, and the title transferred to the National Department of Health, the landowners received compensation from the State for both the value of the land, and the replacement cost for improvements. Affected landowners and land-users were consulted according to LAF requirements, and the value was calculated by a registered Valuer from the DL&PP using the DL&PP Valuation Schedule (2013) taking into account the replacement value. This was then reviewed and approved by the Valuer-General. There were no structures on the site except for the aid post and staff buildings. The valuation of land by DL&PP is based on accepted replacement costs, which include (i) adequate information about any recent land transactions; (ii) land value by types; (ii) cropping patterns and crop production; and, (iv) availability of land in the sub-project areas. The Valuer-General ensures that any compensation is based on prevailing market rates or replacement cost principles.
46. Affected persons at Brigiti will benefit from the cash payment for land, and by having some short-term employment opportunities (mainly unskilled work) as a result of the project, during the construction phase. The requirement to hire local labour where possible, will be part of the o t a to s o t a t. While su h e plo e t oppo tu ities o thei o do ot e su e sustai a le livelihoods, being paid at least the minimum wage, and enjoying working conditions as per ILO Core Labour Standards (a recognized requirement for ADB financing of the Project), the PSU is confident that APs will be slightly better off financially as a result of the project, and certainly better off in terms of health services.
47. The RPHSDP recognizes that gender considerations apply to all public infrastructure projects. In conducting this due diligence exercise, women who will be affected by this project have been consulted, both in mixed groups with men, but also in groups of women. Measures proposed to ensure gender equitable practices and outcomes include:
Iterative consultations with women throughout all stages of the project cycle when preparing for and constructing the Community Health Post That women clan members, not just men clan members be recorded in the LIR and valuation processes conducted by DL&PP, and included any subsequent benefits Women being informed about how they can lodge grievances with the Project (and ultimately ADB) if they are dissatisfied with any aspects of the project Ensuring that women Affected Persons (APs) and not just men, are offered priority waged employment during construction, and are afforded equal pay and opportunities Addressing concerns women APs might have with safety and security issues, in contexts where they have to relocate their gardening activities Ensuring that all socio-economic data collected for the project is gender disaggregated in order to analyse the differential impacts at intra-household, intra-inter clan, and community level. Social risks associated with HIV/AIDS and other STIs will be mitigated to a large extent by employing as many local people on construction activities as possible and by awareness and prevention programmes designed to empower women and inform both women and men of the risks. All contracted staff will undertake a RPHSDP course designed for the purpose.
I. BUDGET AND SOURCES OF FUNDS
48. The GoPNG has declared its intention to increase the proportion of land owned by the State and has an annual budget to pay for the land needed for public service infrastructure. The GoPNG will therefore fund all land acquisition activities involving landowner compensation while the Project finances consultant services to oversee the land acquisition and monitoring of land activities. In the case of East Sepik, it is the District Development Authorities which are paying for the Community
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Health Post land in both Wewak and Maprik Districts.
The exact budget for land acquisition activities at Community Health Post sites will vary from site to site. The costs for Brigiti are outlined in the table below (excluding the consultancy costs):3
Item Costs Value of land to be acquired 66,300.00 Value of planted improvements 9,300.00
Structural Improvements – aid post staff 105,000.00 houses TOTAL COSTS (Rounded) 181,000.00
J. INSTITUTIONAL ARRANGEMENTS 49. The National Department of Health is the Executing Agency and the Provinces are Implementing Agencies for the Project and the Provinces are responsible for the day-to-day implementation activities related to land acquisition. These activities include:
Collaboration with and assistance to the Provincial/District Land Officer at the Community Health Post site to undertake their work and comply with Government procedures, the P oje t s poli ies a d ADB e ui e e ts
Provision of resources to allow Provincial staff to accompany Project Support Unit (PSU) Safeguards staff to sites
Collaboration with and assistance to the Provincial/District Land Officer, Provincial Safeguards Officer, and PSU Safeguards consultants in consulting and negotiating agreements with affected landowners and users
Facilitation of consultations with Ward Development Committees and affected communities and ensuring that all stakeholders are informed about the Project, its policies and procedures
Ensuring the requirements concerning public disclosure of the provisions for land acquisition and compensation are followed
Informing communities about the grievance redress mechanism and overseeing and monitoring the process Signing Memoranda of Agreement for the use of customary land with clan leaders and affected landowners and/or users
Signing a Memorandum of Agreement with the National Department of Health agreeing to manage, operate, support, staff, and provide budgets and supplies for the new facility.
Ensuring that cadastral land surveys, valuations, and Land Investigations Reports are completed and registered with the Surveyor-General and DL&PP in a timely manner.
3 Costs from LIR / land valuation by DL&PP, based on Government Schedule (2013) 18
50. Provincial Safeguards Officers, and other Government staff who are involved in implementing the P oje t s la d poli ies ha e ee p o ided ith t ai i g i the ADB s so ial safegua d poli ies a d procedures
51. The Provincial Safeguards Officer is also responsible for monitoring of land acquisition activities, and will be the focal point for the Grievance Redress Mechanism. He/She is assisted and supported the P oje t “uppo t U it s “afegua ds “pe ialists.
K. IMPLEMENTATION SCHEDULE
52. The implementation schedule for land related activities at Brigiti was as follows:
Activities Schedule 1 Confirm location and type of land ownership at Community Health March, 2014 Post site 2 Consultations with affected communities and agreement on land 11th April, 2014 use/acquisition, with signing of a Voluntary Land Use Agreement between landowners and the State (National Department of Health, PHA, and Provincial Administration), witnessed by Land Officers 3 Disclosure of ADB Safeguards Provisions to communities, including 11th April, 2014 Grievance Redress Mechanism 4 Initial Provincial Health consultation with local communities to 26th May, 2014 confirm their agreement in principle to the project, assess means of access and ensure site is suitable for development. Submit draft sketch map indicating size of plot to RPHSDP. 5 Complete survey fieldwork/visits 16th May, 2015 6 Joint DL&PP / Provincial Lands Office and Safeguard Team visit to 16th July, 2015 site to gather information for LIR and Valuation (Lands staff), and ADB Land Screening Report, Environmental Management Plan and Due Diligence (PSU Safeguard staff) 7 LIR submitted to Provincial Administration for approval and 22nd July, 2015 signature. Confirmation of portion/plot numbers. 8 Valuer-General verifies the land valuation at the Community Health 6th September, 2016 Post site 10 Certificate of Alienability approved 5th October, 2016 11 DL&PP and Provincial Lands Office complete land purchase. Land is 13th September, 2016 purchased and title issued to National Department of Health
L. MONITORING AND REPORTING
53. The RPHSDP Safeguards staff will submit all Land Screening, Environmental Management Plans and Due Diligence reports to ADB detailing the land acquisition processes. The Provincial Safeguards Officer will be responsible for on-going monitoring of the land activities, supported by PSU, including assisting in the monitoring of contractor compliance with the Environmental Management Plan. The PSU will prepare semi-annual progress reports for ADB as part of Project performance monitoring. An
19 external NGO has been appointed to undertake third-party monitoring and verification of the land acquisition processes.
ANNEXURES (Available Upon Request)
Annex One: Site Plan Annex Two: Land Survey Annex Three: Land Investigation Report Annex Four: Valuation Report Annex Five: Voluntary Land Use Agreement Annex Six: Certificate of Alienability Annex Seven: Deed of Release Annex Eight: Sale & Transfer of Land
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