Due Diligence Report Project Number: 41509-013 November 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 FOR ACQUISITION of the GARASA CHP SITE
Morobe Province
November, 2016
INDEX
Executive Summary Project and Community Health Post Description Garasa 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
ANNEXURES (Available Upon Request)
Annex One: Reports of Community Consultations
Annex Two: Minutes of Landowner meeting
Annex Three: Signed Customary Land Transfer Agreement
Annex Four: Land survey of site
Annex Five: Land Investigation Report
Annex Six: Valuation Report
Annex Seven: Certificate of Alienability
Annex Eight: Deed of Release
Annex Nine: Approved Layout Plan for Community Health Post
The image on the cover of this Report depicts the area upon which the proposed Garasa CHP will be constructed. It is on the edge of Garasa air strip and village.
EXECUTIVE SUMMARY
The Rural Primary Health Service Delivery Project (RPHSDP) is a collaboration between the Government of PNG represented by its National Department of Health and the Asian Development Bank, Australian Department of Foreign Affairs and Trade, the OPEC Fund for International Development, the World Health Organisation, the Japanese International Cooperation Agency and UNICEF.
The Project is operating in two (2) Districts of each of eight (8) Provinces. The civil works component of the Project (Output 4) involves construction of thirty-two (32) new Community Health Posts, ninety- six (96) new staff houses as well as providing medical equipment and small vehicles (cars, boats, or motorbikes) to support their operation. It will also install or upgrade sanitation facilities, provide waste management facilities and establish renewable energy supplies for those health facilities.
The Community Health Post is deemed a Level 2 Health Facility under the PNG National Health Service Standards, 2011 and is required primarily to provide maternal and child primary health services to remote rural populations. Provision is also made for supervised birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage, stabilisation and referral to higher level facilities of critically ill clients.
A odest P o edu e ‘oo is p o ided to allo e e ge a e of t au a o se ious medical conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The Garasa Community Health Post is expected to provide health services for up to forty (40) people each day.
Garasa Village is located in a very remote and underserved area of the Waria Local Level Government area of Bulolo District, Morobe Province. It is thirty minutes flying time from Bulolo township or seven days walking distance from Wau township. Nearby Garaina Health Centre is accessible by a very rough and difficult walking track requiring an eight (8) hour walk.
The immediate catchment population for the proposed Garasa Community Health Post is 2554 persons. That includes those people previously served by the Biawara Aid Post but not those living across the Provincial border in an equally underserved area of Oro Province. Demand for maternal and child health services to be offered by the Community Health Post will mostly be derived from the estimated 445 children less than 5 years of age and 540 women of child bearing age living in the immediate area as identified through the 2011 Census. It is anticipated that the true catchment population will be closer to 5000 people once the facility is constructed and commissioned.
The nearest Hospital is the Bulolo District Hospital but, because of its poor condition and lack of usable bed capacity, most medical evacuations are directly to the ANGAU Memorial General Hospital in Lae which is a further two hours away by road. Urgent obstetric cases are evacuated by chartered helicopter but other cases are transported by road after the patient is carried to Garaina. There is a scheduled 3 days/week passenger air service to Lae from Garasa.
The site at Garasa, acquired for the State by the Morobe Provincial Government, satisfies all of the Proje t s criteria required for construction of the proposed Community Health Post to proceed:
The land is in Bulolo District of the Morobe Province The Provincial Health Adviser of Morobe Province has endorsed the concept plan, the site plan and the final design of the Community Health Post after consulting with the local communities that it will serve. Landowners of the area have been consulted extensively about their healthcare needs and voluntarily offered land for the project in order to secure a Community Health Post within their village. The P o i e s “t ategi Health “e i e De elop e t Pla , 5-2020 e o e ds construction of a Level 2 Community Health Post in the village of Garasa to serve the health needs of the people living in the immediate area who are presently served only by the local Aid Post, staffed by a volunteer for the past 15 years. That Plan has been endorsed by the Provincial Administration. The Provincial Administrator is prepared to enter a Memorandum of Agreement with the Secretary for Health confirming the availability of recurrent budget for operation of the facility The Provincial Health Adviser has nominated the three staff members to be assigned to the facility and those staff have undergone extensive upskilling in maternal and child health service provision. The nominated Officer in Charge has completed the Rural Health Facility Management Course delivered by Divine Word University. The Community Health Post design has been certified by the Manager, Health Facilities Branch of the National Department of Health as consistent with the National Health Service Standards, 2011 The Environmental Management Plan was endorsed by the relevant officers of the Asian Development Bank on 22nd September, 2016. The former customary owners of the land consented to sell their land to the State by agreement acknowledged in the Land Investigation Report dated 5th December, 2014. The Land Investigation Report also confirms the extensive process involved from consultation with the customary owners and listing them according to clans, topography to the assessment and valuation of the land existing structures and crops. The land offered has been cleared in the past and is now covered with tall, lush savannah grassland which was used for grazing livestock until 2002. It consists of fertile, black well drained clay and loam. It is known locally as Takerekoko and registered as Portion 50C, Milinch of Garaina, Fourmil of Salamaua, Bulolo District, Morobe Province. The Land Investigation Report indicates that the e is suffi ie t la d a aila le a d thus the o e s a affo d to sell the la d . The la d as o ed e e s of the Hadzo Basi and the Keruba Clans and had been acquired e e ship a d he itage ith oth Pat ili eal and Matrilineal land holdi g s ste s . Their rights to the land are not contested.
Mr. Aubeta Kairo, Mr. Kapi Gauba, Mr. Dzabiro Eriba, Mr. Orama Gaitu, Mr Porago Gotubia, Mr. Abesa Ataisa and Mr Ebane Ataisa representing each of the Clans and sub Clans having an interest in the land a e a ed i the “ hedule of O e s, “tatus a d ‘ights to the La d se tio of the La d I estigatio Report as Age ts possessi g complete rights to transfer/Lease to the Administration and to execute any documents and to accept payment in connection with such Transfer/Lease on behalf of the o e s to the ights i that la d a i p o e e ts the eo .
The extent of the site was determined by the customary owners and the owners of adjoining land in the company of the Surveyor prior to survey on 5th December, 2014 and is quantified at 0.84 hectares by him. The boundaries are clearly marked and are consistent with the decision of the local landowners. The owners of contiguous land have also declared that they have no interest in or rights by native custom to the surveyed land.
The site was selected by the customary owners because it is central to the surrounding villages of Wakaia, Korepa, Muniba, Peqira, Posaro and Qau and other isolated villages further to the south and to the east whose villagers have limited access to other health services. It was also selected because of the availability of the scheduled air service.
The unimproved value of the land provided for the Community Health Post was assessed by the Valuer-General to be K29,400.00.
The Certificate of Alienability was issued by the Secretary of the Department of Provincial and Local Government Affairs on 9th day of May, 2017.
Payment of K29,400.00 was made to the authorised agents by the Morobe Provincial Government on behalf of the State in Garasa Village on 4th Februray, 2017. The Deed of Release and the Sale and Transfer documents were signed by the Agents in the presence of a Customary Lands Officer of DL & PP.
The process of obtaining the Title on behalf of the State is now complete and tenders have been invited for construction of the proposed Community Health Post.
A. PROJECT AND COMMUNITY HEALTH POST DESCRIPTION
Background
1. The Rural Primary Health Service 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 by supporting the Government of PNG to implement the National Health Plan 2011- 2020 as it relates to rural health. The Project operates in two districts in each of the following eight Provinces nominated 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 health service improvements on both the supply and demand sides and strengthen the policy and legal framework for health services at all levels. The Project has six (6) clearly articulated outputs:
Output 1 – National policies and standards: assisting the National Department of Health in developing 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 development plans and improvements in the National Health Information System.
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. Partnership arrangements have been formalized through Memoranda of Agreement with most non-state health service providers.
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 staff performance and retention issues.
Output 4 – Community health facility upgrading: The Project will build thirty-two (32) new Community Health Posts, with ninety-six (96) staff houses as well as providing medical equipment and small vehicles (cars, boats, or motorbikes). It will also install or upgrade sanitation facilities, provide waste management facilities, and establish renewable energy supplies for selected health facilities.
3. The Community Health Post is deemed a Level 2 Health Facility under the PNG National Health Service Standards, 2011 and is required to provide maternal and child primary health services. Provision is also made for birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage, stabilisation and referral to higher level facilities of critically ill clients.
4. A odest P o edu e ‘oo is p o ided to allo e e ge a e of t au a o se ious edi al conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The CHP at Garasa will be provided with two (2) ante/postnatal beds and two (2) general beds for other patients requiring admission. It is expected to provide outpatient services for up to forty people each day.
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 by the National Department of Health as part of its health system strengthening activities.
5. Sites selected by the Provinces for the development of Community Health Posts are required to satisfy the following criteria:
(i) The site is located in a participating Province and participating 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 has available sufficient budget for recurrent costs in the health functional grant;
(vi) The proposed facility has sufficient human resources allocated 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 Partnership Committee and Provincial Administration;
(viii) The proposed works comply with all requirements of relevant National laws and regulations and ADB's Safeguard Policy Statement (2009), the Environment Management Plan, Environment Assessment and Review Framework, and Land Assessment Framework;
(ix) the Independent State of Papua New Guinea through the Morobe Provincial Administration has clear and unencumbered access 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 relevant Clan Land Use Agreement, Certificate of Alienability, Sale and Transfer of Land Deed and Deed of Release documentation; and
(x) access to and from the site for vehicles or other means of transport is in place.
6. Within each participating Province, the Districts to participate in the Project were required to satisfy the following criteria:
(i) The District was selected with a view to maximizing the delivery of health services for rural populations that are most underserved at the outset of the Project such as the percentage of the population accessible to health facilities within 2 hours traveling time.
(ii) The District was selected with due consideration for the ability to absorb and utilise the proposed investment of resources, taking into account levels of security, law and order, governance, and administrative capacity.
7. Each of the sites chosen for the construction of a new Community Health Post usually requires less than one hectare of land to accommodate the health facility and three staff houses. In the case of the Garasa site 0.84 hectares was provided.
8. The P oje t s i pa t is li ited to o pe sa le loss of la d use, a e isti g st u tu es o the site and, where applicable, 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 Go e e t of PNG a d the ADB s Safeguard Policy Statement (2009). The Project will not finance Community Health Post construction that involves compulsory land acquisition and/or involuntary resettlement impacts. In all cases the Project is building on State land or church leased where there has been a previous aid post.
Morobe Province – Geography, Demographics & Access to Services
9. The following maps of Morobe P o i e a e de i ed f o the PNG ‘u al De elop e t Ha d ook of de eloped y 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 for Morobe Province remains accurate and clearly indicates the concentration of the population in the arable valleys of the Province. Access to services for residents of some areas has improved with better and more roads being provided in some areas. Real income levels have not improved significantly since the time of publication.
10. Morobe Province occupies 33,525 square kilometres in the central north of PNG. It extends from the Owen Stanley Range northeast across two major fault valleys to the coastal ranges (which reach an altitude of 4000m) and offshore islands. The south of the Province includes the Bulolo and Menyamya Districts and the Ekuti Range on the southern side of the main mountain divide of PNG. These Districts include the headwaters of the Tauri River which flows south to the Gulf of Papua, and the Watut River which flows north to the Bismarck Sea. Average annual rainfall in the southern parts of Bulolo District ranges between 2000 and 2800 mm with a moderate dry season from June to September.
11. Morobe is now the largest of the PNG Pro i es ith a populatio of , % of PNG s total population). Bulolo District had a population of 101,568 at the time of the 2011 National Census, while Waria Rural Local Level Government area where Garasa is situated had 11,969 persons.
12. The Garaina/Garasa area is in the upper Waria Valley which is a very remote and underserved area of the District. The Valley is a broad flat plain highly suited and potentially very productive for agricultural pursuits if it had better access to markets.
13. The Garasa village is 1180 metres above sea level with a mild climate and regular rainfall throughout the year. It is located about eight hours walking distance due south of Garaina which was a ad i ist ati e “tatio du i g the olo ial pe iod of PNG s histo .
Image 2: Occupied/Unoccupied Land in Morobe Province – 2015
GARASA
14. The nearest Hospital fo the Ga asa Co u it Health Post s efe als is the Bulolo District Hospital to the north but, because of its poor condition and lack of usable bed capacity, all medical evacuations are necessarily to the ANGAU Memorial General Hospital in Lae which is a further two hours away by road. Urgent obstetric cases are evacuated by chartered helicopter but other cases are generally retained until the arrival of a scheduled flight which serves the area three days per week or carried to Garaina Health Centre.
15. The following image depicts the population density of inhabited areas of Morobe Province. It clearly depicts that the population in the Garasa area is isolated and de sit is lo ith up to just 20 persons/square kilometre.
Image 3: Population Density in Morobe Province, PNG
GARASA
ORO PROVINCE
16. The population living in the Waria Rural LLG is poorly provided for health services with only one run down Health Centre at Garaina and two (2) operational aid posts providing low level primary health care. One of those is the Garasa Aid Post which has been staffed by a single olu tee si e 2002. It will be closed upon commissioning of the proposed Community Health Post.
17. The immediate catchment population for the proposed Community Health Post is 2554 persons. That includes those people previously served by the nearby Biawara Aid Post but not those living across the Provincial border in an equally underserved area of Oro Province. Demand for maternal and child health services to be offered by the Community Health Post will mostly be derived from the estimated 445 children less than 5 years of age and 540 women of child bearing age living in the immediate area as identified through the 2011 Census. It is anticipated that the true catchment population will be closer to 5000 people once the new facility is constructed and commissioned. 18. The follo i g i age depi ts the e te t of the at h e t populatio s isolatio ith the nearest major service centre requiring up to o e da s t a el. Even the people living in the immediate area are 4-8 hours travel to the minor service centre at Garaina.
Image 4: Accessibility of Services for the people of Morobe Province
GARASA
B. GARASA COMMUNITY HEALTH POST SITE: DESCRIPTION AND AREA
19. Morobe Province s Provincial Health Adviser has identified Garasa in Bulolo District as one of the localities in which to construct a new Community Health Post under Output 4 of the Project. The proposed site for the Community Health Post is known locally as Takerekoko and registered as Portion 50C, Milinch of Garaina, Fourmil of Salamaua, Bulolo District, Morobe Province. It is on the edge of the village adjacent to the airstrip and consists of 0.84 hectares. The land has been cleared in the past and is now covered with tall, lush savannah grass. It had been previously used for farming and grazing livestock until 2002 when missionaries left the area. It is described in the Land Investigation Report as consisting of fertile, black, well drained clay and loam. 20. The site was selected by the customary owners because it is central to the other surrounding villages of Wakaia, Kasapu, Korepa, Motete, Muniba, Peqira, Posaro and Au so eti es spelled Qau and other isolated villages further to the south and to the east whose villagers have limited access to other health services. It was also selected because of the availability of the scheduled air service.
Image 5: Locality Map for the Upper Waria Valley
C. SCOPE OF LAND USE/PURCHASE
21. The land was formerly owned by members of the Hadzo Basi and the Keruba Clans and had been acquired e e ship a d he itage ith oth Pat ili eal a d Mat ili eal la d holdi g s ste s . Their rights to the land are not contested.
22. The extent of the site was determined by the customary owners and the owners of adjoining land in the company of the Surveyor prior to survey on 5th December, 2014 and is quantified at 0.84 hectares by him. The boundaries are clearly marked and are consistent with the decision of the local landowners. The owners of contiguous land have also declared that they have no interest in or rights by native custom to the surveyed land.
23. The Clan members consented to sell Portion 50C of their land to the State by agreement. Through the Land Investigation Report dated 5th December, 2014. Mr. Aubeta Kairo, Mr. Kapi Gauba, Mr. Dzabiro Eriba, Mr. Orama Gaitu, Mr Porago Gotubia, Mr. Abesa Ataisa and Mr Ebane Ataisa representing each of the Clans and sub Clans having an interest in the land a e a ed i the “ hedule of O e s, “tatus a d ‘ights to the La d se tio of the La d I estigatio ‘epo t as Age ts possessi g complete rights to transfer/Lease to the Administration and to execute any documents and to accept payment in connection with such Transfer/Lease on behalf of the owners to the rights i that la d a i p o e e ts the eo . 24. The La d I estigatio ‘epo t i di ates that the e is suffi ie t la d a aila le a d thus the o e s a affo d to sell the la d as it is not important for their livelihoods since they own approximately ten thousand hectares of other land surrounding the site. Portion 50C has been vacant for many years and therefore the effects on households are not significant and potential losses from selling the land are not a significant proportion of their livelihoods. Apart from minor disturbances to the environment during construction there are unlikely to be any adverse environmental or socio- economic impacts on the nearby households and they will benefit from the land payments made for the purchase of clan land.
25. The value of the land provided for the Community Health Post was assessed by the Valuer- General to be K29,400. The Certificate of Alienability No. 4/5-2017 was issued by the Secretary of the Department of Provincial and Local Government Affairs on 9th May, 2017.
26. Payment of K29,400 was made to the authorised agents by the Morobe Provincial Administration on behalf of the State in Garasa Village on 4th February 2017. The Deed of Release and the Sale and Transfer documents were signed by the Agents in the presence of 80 other people and a Customary Lands Officer of DL & PP.
27. A Due Diligence Review confirms that the site at Garasa (Portion 50C) eets the P oje t s eligibility criteria for development of a Community Health Post in that:
The land is in Bulolo District of the Province Landowners of the area have been consulted extensively about their healthcare needs and voluntarily offered land for the project in order to secure a Community Health Post within their village. The P o i e s “t ategi Health “e i e De elop e t Pla , 5 -2020 e o e ds construction of a Level 2 Community Health Post in the area to serve the health needs of the 2554 people living in the immediate area. That Plan has been endorsed by the Provincial Administration. The Provincial Health Adviser of Morobe Province has endorsed the concept plan, the site plan and the final design of the Community Health Post after consulting with the local communities that it will serve. The Provincial Administrator has entered a Memorandum of Agreement with the Secretary for Health confirming the availability of recurrent budget for operation of the facility. The Provincial Health Adviser has nominated the three staff members to be assigned to the facility and those staff have undergone extensive upskilling in maternal and child health service provision. The nominated Officer in Charge has completed the Rural Health Facility Management Course delivered by Divine Word University. The Community Health Post design has been certified by the Manager, Health Facilities Branch as consistent with the National Health Service Standards, 2011 The Environmental Management Plan for the construction site was endorsed by the relevant officers of the Asian Development Bank on 24th October, 2016.
28. The process of obtaining the Title on behalf of the State is now complete and tenders have been invited for construction of the proposed Community Health Post. 29. Officers of the Provincial Health Office and the Rural Primary Health Service Delivery Project have followed both Government of PNG and standard ADB safeguards processes including extensive consultation with the local community, use of applicable National land laws and regulations, and due diligence to ensure that local people would not experience significant adverse impacts by relinquishing this land.
C. SOCIOECONOMIC INFORMATION
30. The people of Waria Rural LLG are amongst the poorest of PNG with very low average cash incomes, poor access to services and with little contact with the wider world. Telecommunications coverage is limited and the people of the more remote parts are required to walk for up to seven (7) days to reach the major service centre of Bulolo.
31. According to the 2011 Census the population of the Waria Rural Local Level Government area was 11,381 people and is growing at an annual rate of just 1.7% per annum which was well below the Bulolo District population growth rate of 2.5% and of Morobe Province which was 2.1%. The crude birth rate is estimated to be 34/1000 but there is heavy outward migration from the area to Lae and Bulolo by younger people seeking education and employment opportunities.
32. Despite the availability of some of the highest agricultural potential land in PNG the Waria Rural LLG has a largely subsistence economy with local incomes supplemented only by small amounts of cash derived from fruit and vegetable cropping and production of coffee beans. Most other crops are for home consumption but small surpluses are sold or bartered in the surrounding villages. Some villagers derive income from the sale of pigs and others from panning for alluvial gold but those incomes are not generally disclosed.
33. The road in the lower Waria Valley north and south of Garaina has no external connections thereby denying access to any external markets other than for high value crops such as coffee beans which are airlifted from Garasa when market prices make it financially viable to do so. 34. Attempts are ongoing to construct a road from Garaina to the Biaru area and thence on to Wau but the maintenance demands are very high due to the steep terrain and heavy, regular rainfall. The feasibility of connecting Garasa to this road has also been investigated but it is likely to prove to be a significant challenge.
Image 6: Average Annual Cash Income per capita for people living in Morobe Province
GARASA
35. The following image 7 shows that the land in the Garasa area is of very high potential due mainly to its regular rainfall, mild climate and heavy soil composition. However, despite the availability of such land the population in the area is growing slowly unlike other areas of PNG where land of similar potential is now coming under intense pressure due to over population and exploitation.
Image 7: Map of Morobe Province depicting areas of Agricultural Potential
GARASA
E. INFORMATION DISCLOSURE, CONSULTATIONS, AND PARTICIPATION
36. There have been extensive and on-going consultations and meetings between Officers of the Morobe Provincial Health Office, the Bulolo District Administration and community members at Garasa regarding the proposed new CHP. The main consultations are outlined below:
The initial community consultation and awareness was undertaken by the Deputy Provincial Administrator, the Provincial Health Program Adviser, the Officer in Charge of the Department of Works and the Chief Environmental Health Officer on 23rd November, 2012. P o i ial Health Offi e s, the P oje t s Me to a d the Provincial Safeguards Officer visited Garasa from 18th to 23rd October, 2014 to conduct further community consultation, awareness a d a health eeds a al sis th oughout the illages of the at h e t a ea. Village s representing Aro, Posaro, Wakaia, Motete, Au, Korepa, Teridze, Tiaura and Titio villages participated. Another field visit to the proposed site was made on 5th December, 2014 by the Provincial Safeguards Officer, the RPHSDP Safeguards Consultant and Safeguards Specialist The officers met with District, Community Elders and landowner representatives to explain the formal land acquisition process, the services that the CHP would provide and the environmental safeguards which would be imposed upon the contractor engaged to construct the CHP. They signed a Memorandum of Agreement (Voluntary Land-Use Agreement) for use of the land by the State. On 5th December, 2014 surveyors engaged by the Project also visited the site. Whilst the survey was conducted the Safeguards Specialist discussed the proposed project with community members and disclosed other matters such as the Grievance Redress Mechanism. Boundaries were confirmed and agreed by the landowners and surveyors. A land survey was completed and subsequently lodged with the Surveyor General. An official DL&PP Land Investigation Report was completed by Regional Lands Officers who also visited Garasa between 4th and 7th December, 2014. The Regional Lands Officer confirmed that landowners and users will not experience any adverse impacts from the loss of land use. Land title documents were then organised by the DL&PP, including the Certificate of Alienability, to enable the land to be transferred to State ownership.
37. Communities and affected people visited by the Project staff were encouraged to discuss any issues of concern to them. Assurances were given about how the construction would be completed and that there would be employment opportunities for the men of the surrounding villages. All staff working on the various components have stressed that the tender and contracting process will be conducted in an open and transparent way and that the successful contractor will be required to engage local men for labouring and unskilled tasks.
F. GRIEVANCE REDRESS MECHANISM (GRM)
38. 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 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 officers of the Rural Primary Health Service Delivery Project that they have a right to grievance resolution, and are told how they can have access to 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. A Grievance Registration book will be established to be held and administered by the local Health Facility Management Committee which has been formed. Anyone can approach this Committee to lodge a complaint or grievance. After the tender is a a ded a d efo e o st u tio sta ts the ‘u al P i a Health “e i e Deli e P oje t s health promotion and gender team will visit communities to conduct 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.
39. 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 and environmental 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 that women as affected persons, irrespective of traditional constraints, are included in the mediation processes. Any disputes arising over alienated land or compensation will follow procedures set out in the Land Disputes Settlement Act 2000, (explained in Section G, paragraph 44), and if mediation fails, will be referred to an appropriate court of law.
40. 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 Project Support Unit; (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 Rural Primary Health “e i e Deli e P oje t s P oje t Ma age o to highe autho ities.
41. The Grievance Registrar will forward any complaint to the Provincial Safeguards Officer within five days of receiving it. The Provincial Safeguards Officer will discuss with the Project Coordinating Committee members and endeavour to find a solution within two weeks of receiving the complaint. For unresolved complaints, the Project Manager will consider the complaint and within one month will convey a decision to the Affected Persons. The Project Support Unit staff, along with local health officials, will assist the Project Manager in reviewing and addressing the complaint. If the Affected Pe so s a e ot satisfied ith the P oje t “uppo t U it s de isio , the a the take the g ie a e to the PNG judicial system.
G. APPLICABLE POLICIES AND LAWS
42. 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.
43. While the Constitution does allow for compulsory acquisition for building infrastructure for health, the Rural Primary Health Service Delivery Project has stipulated that no land will be acquired ithout the la do e s full ag ee e t. Mo eo e , this ag ee e t ust e se u ed th ough 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 CHP sites. The Government has recently introduced a new policy requiring that all land for building new state infrastructure should be bought outright, rather than, as in the past, being built on gifted customary land, or through leasing land from landowners.
44. The Land Act (1996) deals with ownership and use rights of customary land.1 It also sets out the 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.
45. This process is being followed by the Rural Primary Health Service Delivery Project, working closely with the Department of Lands and Physical Planning, who 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 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.
46. 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 Rural Primary Health Service Delivery Project will not insist on registration of landowners into an ILG, unless there is a specific reason why it may be necessary to secure land.
47. 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;
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 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.
and (b) a transaction governed by customary law.
48. 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 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 facilitate the voluntary registration of customary land, 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.
49. As noted above, the Rural Primary Health Service Delivery Project 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.
H. AGREEMENTS ON LAND USE
The series of consultations which were held with landowners and affected people regarding the land at Garasa 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.
50. The process to acquire the land followed 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 requested the Department of Lands and Physical Planning to issue an official land file number for the site to be purchased The Provincial Health Adviser/Project Support Unit requested a private Surveyor to undertake both cadastral and topographic surveys to identify the boundaries, location, size and area of the land to be purchased in consultation with customary landowners. The cadastral survey was then lodged with the Office of the Surveyor-General for registration and the topographic survey was provided to the Project Support Unit to allow preparation of site plans and structural design. Once the surveys were lodged the Provincial Health Adviser requested the Valuer-Ge e al s Offi e to send a registered Valuer to value the land and any improvements (for example, garden crops, food trees, timber trees, structures). His report was sent directly to the Office of the Valuer- General. The Provincial Health Advisor and Project Support Unit then requested the District Lands Officer to prepare a Lands Investigation Report 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 Land Investigation Report was then endorsed by the Provincial Administrator and forwarded to the Department of Lands and Physical Planning to progress the process to obtain a Certificate of Alienability as a prerequisite for purchase by the State.
2 Land Assessment Framework (Revised), 11 September 2013, PNG: Rural Primary Health Services Project, prepared by the National Development of Health, GoPNG, p.11 The Department of Lands and Physical Planning prepared a comprehensive file consisting of the Land Investigation Report, Valuation and Cadastral Survey and forwarded it to the Secretary, Department for Provincial and Local Level Government Affairs (DPLGA) who issued a Certificate of Alienability confirming that there was no impediment to acquisition by the State. The sum of K29,400.00 was released to the customary landowners on 4th February, 2017. The land was deemed formally purchased on 25th February, 2017 after the expiration of the e ui ed da s oti e e ui ed la .
The project at Garasa includes construction of the standard four-bed design for a Community Health Post and will include provision of equipment, drugs, and allocation of three (3) staff. The Province has committed to providing the required staff and the Project has ensured that they received the relevant training to ensure that the facility operates at the required standards for Level 2 health facilities in PNG. A plan of the proposed CHP is attached as Annex 9.
Following completion, the land acquisition process has been reviewed and verified by an independent third-party consultant contracted by the Project Support Unit 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 to and understood and agreed by the landowners. A copy of the verification report is appended.
I. COMPENSATION AND BENEFITS
46. The Garasa landowning clan agreed to permanent use of the land through negotiated purchase following the Land Act and Land Assessment Framework. Once the Government of PNG land acquisition process had been completed and the title transferred to the State the landowners received compensation from the State for the value of the land.
47. Affected persons at Garasa will benefit from the cash payment for land and by having access to 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 tual o ligatio s. While su h e plo e t oppo tu ities o thei o do ot ensure sustainable 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 Project Support Unit is confident that affected persons will be better off financially as a result of the project, and certainly better off in terms of access to health services.
48. The Rural Primary Health Services Delivery Project 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 and exclusive 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 CHP That women clan members be recorded in the Land Investigation Report and valuation processes conducted by the Valuer-Ge e al s Offi e a d i luded i a su se ue t e efits 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 are offered priority waged employment during construction, and are afforded equal pay and opportunities Addressing concerns women affected persons 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 Rural Primary Health Service Delivery Project course designed for the purpose.
J. BUDGET AND SOURCES OF FUNDS
49. The Government of PNG has declared its intention to increase the proportion of land owned the “tate th ough its Visio pla a d has provided funds to pay for the land needed for public service infrastructure. In the case of the Garasa Community Health Post project the State has paid for the land through the Morobe Provincial Government.
Item Costs (Kina) Value of land to be acquired K29,400.00 Value of Existing Buildings Not Applicable Value of planted improvements Not Applicable FINAL VALUATION K29,400.00
K. INSTITUTIONAL ARRANGEMENTS
50. The National Department of Health is the Executing Agency for this Project and the participating Provinces are the Implementing Agencies. The day-to-day implementation activities related to land acquisition are undertaken by the Province with support from the Project Support Unit of the Rural Primary Health Service Delivery Project. 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 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 and Land Investigations Reports are completed and registered with the Surveyor-General and Department of Lands and Physical Planning in a timely manner.
51. 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
52. 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 is assisted and supported by the P oje t “uppo t U it s “afegua ds “pe ialists.
L. IMPLEMENTATION SCHEDULE
53. The implementation schedule for land access and facility design processes at Garasa was as follows:
LAND ACCESS/ACQUISITION DATE
Community Consultation/Community Health Post and GRM Between November, advocacy completed 2012 & December, 2014
Cadastral and Topographic Surveys undertaken with Landowner December, 2014 participation and endorsement Land Investigation Report and Valuation completed and Lodged December, 2014
Certificate of Alienability issued 9th May, 2017
Land Payment settled 4th February, 2017
Deed of Release received 4th February, 2017
M. MONITORING AND REPORTING:
54. The ‘u al P i a Health “e i e Deli e P oje t s “afegua ds staff ill su it all La d 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 Project Support Unit staff, including assisting in the monitoring of contractor compliance with the Environmental Management Plan. The Project Support Unit will prepare semi-annual progress reports for ADB as part of project performance monitoring. An external consultant has been appointed to undertake third-party verification of the land acquisition processes.
ANNEXURES (Available Upon Request)
Annex One: Reports of Community Consultations
Annex Two: Minutes of Landowner meeting
Annex Three: Signed Customary Land Transfer Agreement
Annex Four: Land survey of site
Annex Five: Land Investigation Report
Annex Six: Certificate of Alienability
Annex Seven: Valuation Certificate
Annex Eight: Deed of Release
Annex Nine: Approved Layout Plan for Community Health Post
ANNEXURES (Available Upon Request)