Resettlement Plan

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Resettlement Plan Resettlement Plan Project Number: 53421-001 Status: Final Date: February 2021 Solomon Islands: Land and Maritime Connectivity Project (Town Ground to White River [SP-R1]) Prepared by the Ministry of Infrastructure Development for the Ministry of Finance and Treasury, Solomon Islands, and the Asian Development Bank (ADB) This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgements as to the legal or other status of any territory or area. CONTENTS ABBREVIATIONS i GLOSSARY ii EXECUTIVE SUMMARY iv I. PROJECT DESCRIPTION 1 A. Background 1 B. Measures to minimize land acquisition and resettlement 1 C. Objectives of Resettlement Plan 2 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 2 A. Scope of works 2 B. Potential impacts on land 2 C. Potential impacts on non-land assets 7 E. Other affected assets 14 F. Safeguards compliance 14 III. SOCIOECONOMIC INFORMATION 17 A. Population 17 B. Economy 17 C. Access to market and income 18 C. Access to basic social services 18 IV. OBJECTIVES, LEGAL AND POLICY FRAMEWORK, AND ENTITLEMENTS 20 A. Objectives 20 B. Legal framework 20 C. MID Safeguards procedures manual (SPM) 22 D. ADB’s Policy on involuntary resettlement 23 E. Policy differences between ADB Policy and Solomon Islands law and gap-filling measures 24 E. The Project’s principles and policies 25 V. InFORMATION DISCLOSURE, CONSULTATION and PARTICIPATION 26 A. Stakeholders 26 B. Consultations held 26 VI. GRIEVANCE REDRESS MECHANISM 28 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 30 A. Entitlements 30 B. Calculation of compensation 30 C. The Valuation Process 30 D. Entitlement Matrix 31 VIII. INCOME RESTORATION AND REHABILITATION 31 IX. RESETTLEMENT BUDGET AND FINANCING SOURCE 32 X. INSTITUTIONAL ARRANGEMENTS 32 B. Ministry of Lands, Housing, and Survey 33 C. Supervision consultant 34 XI. IMPLEMENTATION SCHEDULE 34 XII. MONITORING AND EVALUATION 35 Appendix 1 GAZETTING OF ROAD SECTION (Honiara – Naro Hill) 36 Appendix 2 PUBLIC DISCLOSURE INFORMATION LETTER DURING DETAILED DESIGN 38 Appendix 3 PUBLIC MINUTES OF MEETING DURING FEASIBILITY STUDY 40 Appendix 4 ATTENDANCE LIST 47 Appendix 5 SAMPLE SIGNED MEMORANDUM OF UNDERSTANDING (MOU) 49 Appendix 6 SOCIOECONOMIC SURVEY FORM 55 FIGURES: Figure 1: Town Ground to White River (SP-R1/B1) Road Design (CH 00 - CH 160) 6 Figure 2: Affected carpark of rental property building (parcel 191-009-0070, CH 1460) 8 Figure 3: Affected Local Shop (Parcel 191-009-0073, CH 1380) 8 Figure 4: Affected Frontage of Tropicana Apartments (Parcel 191-009-0060, CH 1480) 9 Figure 5: Affected canteen (non-operational) (Parcel 191-009-0071, CH 1460) 9 Figure 6: Affected Fence (Parcel 191-009-0160) Error! Bookmark not defined. Figure 7: Affected Fence (Parcel 191-009-0044) Error! Bookmark not defined. CURRENCY EQUIVALENTS (as of May 2020) Solomon Island Dollar – (SBD) SBD 1.00 = USD 0.466 USD = SBD 2.19 ABBREVIATIONS ADB - Asian Development Bank AB - affected business AP - affected person/people/party CBO - Community Based Organisation COL - Commissioner of Lands CPIU - Central Project Implementation Unit (MID) DMS - Detailed Measurement Surveys EA - Executing Agency FTE - Fixed Term Estate GRM - Grievance Redress Mechanism HCC - Honiara City Council IR - Involuntary Resettlement ISSS - International Social Safeguards Specialist LAO - Land Acquisition Officer LAR - Land Acquisition and Resettlement MLHS - Ministry of Land, Housing and Survey MID - Ministry of Infrastructure Development MOA - Memorandum of Agreement ROW - Right of Way RP - Resettlement Plan SC - Supervision Consultant SESO - Social and Environmental Safeguards Officer TA - Technical Assistance TOL - Temporary Occupancy License TOR - Terms of Reference TRTA - Transaction Technical Assistance TSDP - Transport Sector Development Project i GLOSSARY Compensation payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. Cut-off-date the date after which people will NOT be considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. Displaced Persons also known as affected persons (AP) mean all the people affected by the project through land acquisition, relocation, or loss of incomes and include any person, household (sometimes referred to as project affected family), firms, or public or private institutions. APs therefore include; i) persons affected directly by the safety corridor, right-of- way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project. Detailed measurement survey the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground. Encroachers those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project. Entitlement the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to business restoration which is due to APs, depending on the type and degree nature of their losses, to restore their social and economic base. Inventory of losses the pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Land acquisition the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. Non-titled those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant, i.e., those people without legal title to ii land and structures occupied or used by them. ADB's policy explicitly states that such people cannot be denied compensation for non-land assets and resettlement assistance. Poor those falling below the official national poverty line. Replacement cost the method of valuing assets to replace the loss at the current market value or its nearest equivalent and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged. Significant impact 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Vulnerable any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less). iii EXECUTIVE SUMMARY A. Background In August 2018, the Asian Development Bank (ADB) approved the Solomon Islands Transport Sector Project Development Facility (TSPDF; the Facility). The Facility which will close 31 December 2021 was tasked to undertake project readiness support to the Solomon Islands government in preparing feasibility studies (including environmental and social safeguards assessments, resettlements plans, and economic analysis) and detailed design and procurement activities including bid preparation, evaluation, and contract negotiations for the proposed Land and Maritime Connectivity Project (LMCP - the project). The Facility has also been designed to support technical capacity building for the key implementing agency; the Ministry of Infrastructure Development (MID) and its Central Project Implementation Unit (CPIU). The project in this context will support the rehabilitation and upgrade of 35.85 kilometers (km) of rural and urban roads in and around the capital, Honiara, construction of two provincial wharves in Kirakira and Ahanga in Makira and Renell and Bellona provinces, and upgrading the old wharf in the Honiara International Port. The project will also undertake repairs to sealed and unsealed roads in Makira and Guadalcanal provinces for 8 years commencing from 2021 to 2028. The project is aligned with the following impact: access to essential services and productive resources and markets provided to all Solomon Islanders and will have the following outcomes of improving connectivity, efficiency, and disaster resilience of the transportation network in the Solomon Islands. The proposed subprojects were selected by government based on priorities identified in the National Development Strategy1 and National Transport Plan2. This draft Resettlement Plan
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