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
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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
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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).
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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 (RP) has been prepared for one of the urban road subprojects in Honiara city covering the expansion of the Town Ground to White River (SP-R1) road section. Cardno Emerging Markets (Australia) Pty Ltd (Cardno) was appointed in February 2019 as the Project preparatory consultant to support MID prepare this RP based on site visits, interviews, focus group discussions, and community consultations carried out between May 2019 to February 2020.
The purpose of this resettlement plan (RP) as such is to prepare mitigation measures to address the identified loss of land and non-land assets from the proposed Town Ground to White River (SP-R1) road subproject. Secondly, it is to manage any unanticipated involuntary resettlement issues that may arise during project implementation. The assessments and measures are based on the ADB Safeguards Policy Statement 2009 (SPS 2009) and the laws and regulations of the Solomon Islands Government. The RP also documents the consultations held with key stakeholders, their concerns, and recommendations as well as measures on how to address them during project implementation.
B. Scope of land acquisition
1 Government of Solomon Islands. 2016. National Development Strategy, 2016–2035. Honiara. 2 https://www.adb.org/sites/default/files/linked-documents/41171-02-sol-oth-09.pdf
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The proposed works for SP-R1 is to upgrade the existing two-lane road to a four-lane road (3.1 km) from Town Ground to White River, in the west of Honiara city. The design of the subproject will create a typical road cross section totalling 23.4m; and will entail asphalt pavement, concrete footpaths, surface water drainage, and the design and re-installation of electric, water and communication utilities. The scope also includes inter-section improvements in the construction of two new roundabouts at the sites of Rove and Rifle Range to improve management of traffic flow.
It is noted that the proposed scope of works is legally confined within the legal road reserve and right of way (ROW) previously gazetted under Proclamation 7 of 1957 (261/213/57) under the Roads Act, creating a 30 meter legal road reserve from Honiara to Naro Hill, west Guadalcanal. The project will need to re-acquire back four strips of land and newly acquire two strips of land all measuring 636 sqm identified as fixed term estates (FTE) or privately leased land. Five other strips of land measuring 568 sqm identified as state-owned land will also need to be designated for the subproject. For the former FTE properties, four strips were unknowingly given land titles in the past encroaching over the road reserve. The other two strips will be required to accommodate proposed design. For the latter concerning state-owned land, government entities also unknowingly extended property boundaries onto the road reserve whereby carparks were built, and fences erected.
As noted, four of the six properties have legal boundaries within the road reserve. MID will negotiate purchasing them back to facilitate the road expansion. These properties belong to the following APs: (i) John Szetu Ning (Outback building, 87 sq. m); (ii) Collin Tekeha (Rove Fish and Chips shop, 67 sq. m); (iii) Andrew Wate & Abraham Eke, (vacant portion, 135 sq. m); and (iv) Nelly & Sam Leung (Gao Ming car park and ATM location, 254 sq. m).
In addition, due to the proposed new road design, two other strips of FTE land just outside of the ROW will also need to be acquired and these belong to: (i) Isa’ac Inoke/James Zhang (reclaimed land, 47 sq m); and (ii) Solomon Water, (sewage tank area, 12 sq m).
There are also five government-owned parcels of land adjacent to the road identified to be potentially affected. These comprise strips of land from the following government entities: (i) Police Housing at Rove; (ii) Rove Children’s Park; (iii) Police Memorial Park; (iv) MWYCA vacant lot; and (v) AOG compound at Rifle Range
It is agreed that MID with assistance from the Ministry of Lands, Housing and Survey (MLHS) based on market values negotiate acquisition of affected land from the leaseholders instead of legally resuming land as is possible under Solomon Islands law. This is because the process of legal resumption is generally known to be problematic and can be a prolonged process and impede timely implementation of the project. MLHS in this context will assist MID to navigate the acquisition process where (i) affected portions of the road reserves had been historically leased and legally titled by individuals due to limited coordination and awareness within the MLHS and MID, regarding changes in the legislation for the ROW, and (ii) where new land is to be acquired to accommodate proposed road rehabilitation design.
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These properties will be acquired for the subproject firstly through a Memorandum of Understanding (MOU) between identified affected persons (APs) and MID as per standard practice following the MID safeguards procedures manual (SPM). The MOUs will then pave the way for official ‘deeds of settlement’ that will then be formally signed before compensation is paid and civil works commence.
In addition, there are also affected non-land assets that were identified during design and comprise of fences (28 properties), eight commercial buildings, two ATM machines, and seven carparks.
In summary, thirty-nine (39) properties under FTE lease arrangement, will be affected under the subproject. These properties however belong to only thirty-one (31) APs along the 3.1 km road. There are less APs than the number of affected properties due to two APs’ owning more than one affected property (The two APs are Tamlan School and Solomon Airlines who own two and eight parcels respectively along the project site).3 All thirty one APs (majority small businesses and six residential properties) are leasing from the Government of Solomon Islands, as indicated by their land titles - Fixed Term Estate.4
C. Due diligence
To date, twenty of the thirty-one (71%) APs have signed a MOU with MID confirming their willingness to be compensated for land, fences, and other non-land assets, confirming their support for the project. A sample MOU has been included in Annex 5.
The remaining nine APs have verbally expressed their support for the project to move back or be compensated for their strip of land required by the subproject but only once detailed design is finalized and their land or assets are revalued. It is noted that MID led by its Transport division (CPIU) with the support of project implementation consultants will update this draft RP after more detailed design and consultations with the noted APs, and complete the set of MOUs pertaining to the subproject as well as ensuring ‘title deeds’ are obtained before award of any works contract or commencement of civil works. In summary, the following table below comprises the identified APs which have already secured MOUs with MID in support of the project.
ES 1: APs Who Have Signed MOUs
Affected No. Chainage Parcel No. Title Title Holder Ownership Location MOU Assets 1 CH280- 191-014- FTE Mr. David Individual ROW Carpark - CH320 0189 Rupokets utility (APTC Building) easemen t Signed 2 Sheet. 2 191-014- FTE Solomon Corporation ROW Fence - (CH600- 0224 Properties (IBS utility CH660) Hotel & Monarch easemen Restaurant) t Signed
3 Tamlan School owners have eight separate connected parcels that have their fences along the ROW. These fences have to move back outside the proposed construction area. Solomon Airlines own two affected parcels along the proposed construction area. 4 There are three types of land in the Solomon Islands: Customary land, Fixed Term Estate (FTE) (land lease from the government), and Perpetual Estate (PE) which is customary land that has been alienated.
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3 CH 740 - 191-011- FTE John Szetu Ning Individual ROW - Land CH 760 0092 but titled Signed 4 CH900- 191-011- FTE Collin Tekeha Individual ROW - Land/ CH920 0066 (Rove Fish and but titled Part of Chips shop) Building Signed 5 CH920- 191-011- FTE Andrew Wate & Joint Owners ROW - Fence/La CH940 0098 Abraham Eke but titled nd Signed 6 CH940- 191-011- FTE Nelly & Sam Joint Owners ROW - Land, CH1000 0096 Leung but titled Carpark & Building, ATM machines Signed 7 CH1220- 191-009- FTE Roselyn Misi Individual ROW Fence CH1260 0002 Signed 8 Sheet 5 191-009- FTE Oka Pacific Co. Corporation ROW Carpark CH1460 0070 (Lease) Signed 9 CH1440 191-009- FTE Walter Koelau, Joint Owners ROW Canteen 0071 Pasuline Soaki (Not operating ) Signed 10 CH1400 191-009- FTE Stephen Individual ROW Canteen 0072 Waiwori (Not operating ) Signed 11 CH1380 191-009- FTE Aileen Puti Individual ROW Shop 0073 (building) Signed 12 CH1740- 191-009- FTE Annie Olavae Individual ROW Fence/bu CH1800 0060 ildings Signed 13 CH 1820 191-006- FTE Delmay & Individual ROW Fence/ 0351/191- Presley Sito Building 006-0003 Signed 14 CH1840- 191-006- FTE Solomon Corporation ROW Fence CH1860 0043 Airlines Signed 15 CH1920- 191-006- FTE Aus Mart Corporation ROW Fence CH1940 0264 Stationaries and residentia l structure s. Signed 16 CH1920- 191-006- FTE Sila Gasimata Individual ROW Fence CH1940+ 0192 Signed 17 Sheet 7 191-006- FTE Quan Chee_ Individual ROW Fence CH2180 0015 David Quan Signed 18 CH 2100 191-006- FTE HT Investment Individual ROW Fence 0325 (Hedley Toata) (white house) Signed 19 CH2320- 191-006- FTE Ruckis Corporation ROW Fence CH2360 0240 International Ltd (vacant lot) Signed 20 CH2440- 191-006- FTE Sullivans (SI) Corporation ROW Fence CH2480 0035 Ltd Signed
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21 CH2720- 191-003- FTE James Aviation Individual ROW Fence CH2740+ 0156 Signed 22 Sheet 9 191-003- FTE Ruth Jedzini Individual ROW Fence CH2840- 0005 CH2860+ Signed
D. Entitlements
Identified affected people/businesses will be compensated, as per valuation results by government and private valuers, through MID’s development budget. The table below describes the entitlements for APs.
ES 1: Entitlement Matrix
Impact/Type of Loss Application Entitled APs Entitlement Loss of use of land Alienated land (FTE, Leaseholder Rent as negotiated with leaseholders. through temporary etc.) required during All temporary use of land will be occupation by the project repair/rehabilitation through written agreement with the activities landowner/leaseholder and land will be returned to the landowners after rehabilitation to original or better condition. Permanent loss of Alienated land (FTE, Leaseholder, Leaseholders will be paid cash residential or business etc.) to be resumed tenant and compensation at full replacement land for the project users of land cost. construction Partial or total removal of Minor structures in Owner of structure Replacement of minor structures minor structure (fence, ROW affected or compensation for removed carpark, driveway, Tenants structures i.e. fence, driveway, at full footpath, betel nut stalls) replacement value without deductions for salvaged materials. Unforeseen or Any impact identified Concerned Determined as per the spirit of this unintended impacts at the final design affected people resettlement plan stage
E. Consultations
Affected people and businesses were consulted by MID with assistance from the project design consultants during the detailed design phase. Site assessments and several individual consultations were carried out with APs between May 2019 to May 2020. This was in follow up to public consultations on 28 August 2018 during the feasibility study phase. The planned public disclosure for the detailed design phase was originally scheduled for 26 March 2020 but was cancelled by MID due to COVID-19 restrictions on public gatherings imposed by the Solomon Islands Government. Public disclosure was instead replaced by sending information letters with preliminary road designs to the APs in early May 2020 (Annex 2).
Individual meetings were however conducted with APs who requested face-to-face meetings during the COVID-19 restriction. As it is still uncertain when COVID-19 restrictions will be eased by government, the full public disclosure exercise with townhall meetings is temporarily postponed until a more suitable date. A project stakeholder communication strategy and a draft community consultation plan (CCP) has been prepared for the project and will be updated for project implementation.
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It is noted that there is a high level of support among affected APs and stakeholders due to the recognition of an increase in vehicle ownership in Honiara and the increase of business activities along this road. This was particularly prevalent from people in west Guadalcanal and its outer islands who utilize the road to access Honiara’s markets to sell produce and access basic needs such as food supplies, and social services such as healthcare and emergency treatment. A record of consultations is included in Annex 3 & 4.
F. Procedures for resolving grievances
During implementation, MID led by its transport division (CPIU), assisted by environment and social safeguards specialists from the projects PMU and the Contractor will implement the Grievance Redress Mechanism (GRM). The Contractor will have a designated staff member responsible for implementing the GRM outlined in this RP (Section V). The APs first will discuss their complaint directly with the contractor’s representative on site. Straightforward complaints will be resolved by determination of issues on the spot. All such issues are recorded by the project staff and a complaint register will be kept on site.
If the complaint cannot be resolved at the contractor level, the complaint will be elevated to the MID/CPIU. However, if the AP is still not satisfied with MID/CPIU’s response, the AP can elevate the complaint to the MLHS for resolution (15 days). Finally, if a satisfactory conclusion cannot be obtained through this process, the AP can take the matter to the courts (Magistrates Court, High Court or CLAC). This will be at the AP’s cost but if the court shows that the government ministries have been negligent in making their determination, the AP will be able to seek costs with MID.
G. Estimated Budget
The estimated resettlement budget for the subproject is currently estimated at SBD 1,785,520 (USD 218,279). However, this figure is still incomplete as property valuation for the eight affected commercial/residential buildings and eight car parks are outstanding and still need to be completed according to the Land Act provision for freehold/FTE lands. The property valuation will be carried out prior to issuance of the final design by MID or prior to construction and the RP updated accordingly. The updated RP will ensure that APs are paid full replacement costs at the market price as per ADB Safeguards Policy Statement (SPS, 2009). ES 3: Estimated Budget
SN Items Quantity Cost (SBD) Cost (USD) A Compensation
(i) Land (sq. m) -private 636 763,2005 93,300.73 (ii) Shops, office buildings, etc. 8 763,200 93,301 (iii) Carparks 7 TBC TBC (ii) Fences (28) 1,591 m TBC TBC Sub Total (A) 1,526,400 186,601
5 2015 Valuation by Solomon Islands Ministry of Lands, Housing and Survey.
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SN Items Quantity Cost (SBD) Cost (USD) B (iii) DMS 81,800 10,000
C (iv) consultations 15,000 1,834
96,800 11,834
Sub Total (B+C) 1,526,400 186,601 A+B+C 1,623,200 198,435 Contingency (10%) 162,320 19,843.52 Total 1,785,520 218,279 *Note: Based on the current cost (2015) of acquiring land along Kukum Highway for the JICA-funded project, of SBD 1,200 per square meter. MID is committed to compensating for all land and non-land assets losses as indicated in this table.
H. Implementation Schedule
The systematic implementation of the resettlement activities, as laid out below is essential to prevent undue delays to the construction schedule and project implementation timelines. The schedule will be updated accordingly during implementation if necessary.
ES 4. Implementation Schedule
S.N. Activities Estimated Timing In-Charge
CPIU/MID Verify land ownership status based on concept design, government land valuation, and market valuation (through 1 government and private valuator) Quarter 1-2 2020 International Social (Note: based on the current FS land investigation) Safeguards Specialist (ISSS) Consultations CPIU/MID 2 Update of the RP based on detailed design and following Quarter 2 2020 ISSS consultations with APs. Due to COVID-19 restrictions imposed by the CPIU/MID 3 government, inform letters were sent to identified APs to Quarter 2 2020 ISSS confirm final project impact to their properties. Confirmation of land requirement and leaseholders during Quarter 2 2020 CPIU/MID 4 detailed design ISSS
MID writes to the COL setting out details of the land MLHS required, purposes for which it is required, and a request Quarters 3-4 5 for the COL to negotiate on behalf of the perpetual estate 2020 title for the purposes set out in the letter. MID
6 The COL will review the application, and through its Quarters 3-4 MLHS Planning and Survey Divisions, will survey and demarcate the area required. 2020
Purchase (instead of Resumption) & Negotiation. MLHS/COL Conduct follow-up meeting with leaseholders, or Quarters 3-4 7 representatives, to negotiate price. Third Party validator 2020 CPIU/MID appointed and attending negotiation.
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S.N. Activities Estimated Timing In-Charge
8 Following consultations and negotiations with the FTE MLHS/COL holder, the COL will issue a letter of resumption, to which Quarters 3-4 the titleholder responds, and the process for agreeing on 2020 compensation is commenced CPIU/MID 9 Agree proposed compensation amount (input from Quarters 3-4 I/SSS government and private valuators) within CPIU/MID and 2020 MLHS/COL before negotiation with the leaseholder CPIU/MID Quarters 3-4 CPIU/MID 10 Third Party Validation of agreement 2020 MLHS/COL Allow time for the landowner to consult with family and 11 Quarters 3-4 2020 own land valuer (approx. 1-2 weeks) CPIU/MID MID Prepare government land acquisition form (Deed of Quarters 3-4 2020 to 11 Settlement) Quarters 1-2 2021 MLHS/COL MID Quarters 3-4 2020 to 12 Signing Deed of Settlement Quarters 1-2 2021 MLHS/COL Payment of land acquisition (from MID budget; payment MID/MOFT Quarters 3 - 4 2020 13 normally after 6 months after submission to MID to Quarters 1-2 2021 accounts) Copy of Deed of Settlement kept by MID and copy send MLHS/COL Quarters 3 - 4 2020 14 to MLHS/COL for re-survey and return the name of the to Quarters 1-2 2021 owner to COL Quarters 3-4 2020 to MLHS/COL 15 MLHS/COL to register back to the government Quarters 1-2 2021 MID submits the Deed of Settlement and MID/CPIU 16 Quarter 1-2 2021 compensation completion report to ADB
Estimate Time Frame 12 Months
17 Commencement of civil works
I. Monitoring
All land acquisition and resettlement tasks will be monitored internally, and progress reported to the Government and ADB. Monitoring will be carried out by the MID CPIU led by the assigned CPIU social safeguards officer, with the assistance of the safeguard specialist(s) in the PMU and the MLHS. Process indicators will relate to implementation outputs and deliverables. All data collected will be disaggregated by gender. These will be collected directly from the field and will be reported monthly to the CPIU to assess RP implementation progress and adjust the work plan if necessary. These reports will be consolidated in the supervision reports and submitted in the projects quarterly reports and safeguards semi-annual monitoring reports to ADB.
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I. PROJECT DESCRIPTION
A. Background
1. The Solomon Islands Government has identified domestic transport connectivity as critical to social and economic development in Solomon Islands. The project is aligned with the Solomon Islands National Development Strategy (NDS) 2016/17-2019/356 and the National Transport Plan (2011-2030)7 which sets out a strategic and policy framework to maintain and develop physical infrastructure and transport services, improve the capacity of government agencies and the private sector to deliver services particularly in low income and remote regions and in both rural and urban areas, as a strategic priority towards reducing poverty, improving well-being and enabling more sustainable livelihoods.
The project in this context will assist the Solomon Islands Government to increase efficiency of major roads, wharves and port transport services in rural areas of east Guadalcanal Province, Makira and Rennell and Bellona Provinces, as well as Honiara City, which includes Town Ground to White River, Mendana Avenue, and Honiara Port subproject areas through to 2025. The project will also undertake repairs to sealed and unsealed roads in Makira and Guadalcanal provinces for 8 years commencing from 2021 to 2028.
2. The project impact will be an efficient and safe transport system in the Solomon Islands. The outcome will be improved land transport connectivity in east Guadalcanal province and Honiara city and improved maritime services in the provinces of Makira and Rennell and Bellona thereby increasing access to basic social services and income opportunities for both urban and rural project communities. Faster and easier travel will improve access to schools, health centers, and markets. Civil works are also expected to create local employment opportunities for men and women from outsourcing unskilled and semi-skilled local labor or related services at the construction sites. Road and maritime safety will be key considerations to help reduce risks from road accidents and fatalities at sea.
This RP has been prepared with a focus on the Town Ground to White River road section subproject (SP-R1). Honiara city, as the country’s business centre, is recognized as a key area in facilitating economic development for the country. The expansion of Town ground to White River road section in Honiara from a two-lane to four-lane road will be one of the key subprojects under this project. Improved connectivity in urban areas will facilitate access to health and social services including education and jobs for both urban and rural communities. Improved connectivity will also improve local trading and import and export business through the road expansion. The subproject area is within the Honiara City Council’s (HCC) jurisdiction in Guadalcanal Province.
B. Measures to minimize land acquisition and resettlement
3. To comply with ADB requirements, all efforts have been made to avoid/ minimize negative impacts for the Town Ground to White River subproject with the following measures adopted in project design and documented in this RP: (i) Detailed project design extends approximately 13-14 meters wide including 1-2 meters’ utility easement on each side of the road, within the existing right of way (15 meters on each side of the road from the centerline); and
6 Government of Solomon Islands. 2016. National Development Strategy, 2016–2035. Honiara. 7 https://www.adb.org/sites/default/files/linked-documents/41171-02-sol-oth-09.pdf
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(ii) Modified road geometry to avoid as much as possible private owned land and major structures, i.e., buildings and houses.
C. Objectives of Resettlement Plan
4. The key objective of this RP is to provide effective and practical guidelines to the resettlement and compensation processes for land acquisition resulting from the road upgrade, in compliance with planning principles and requirements of current laws and practices of Solomon Islands including the MID Safeguards Procedures Manual (SPM) and the ADB SPS.
5. The key policies that will guide compliance with involuntary resettlement provisions during the subproject implementation are: (i) land acquisition will be avoided, or where this is not possible, minimised; (ii) compensation will ensure maintenance of pre-project living standards of displaced/affected persons (APs); (iii) APs will be fully consulted/informed on compensation options; (iv) APs socio-cultural institutions will be supported/utilised wherever possible; (v) resettlement and land acquisition procedures will equally apply to women and men; (vi) lack of formal title will not prevent compensation and assistance prescribed in the entitlement matrix; (vii) land acquisition and resettlement will be conceived and executed as an integral part of the Project, with budgets for land acquisition and resettlement to be included in Project (subproject) costs; (viii) impact to structures will be avoided as much as possible; (ix) all land acquisition, resettlement and compensation payments will be completed prior to commencement of civil works.
II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
A. Scope of Works
6. The proposed scope of works for the project is the 3.1 km road upgrade of the Town ground to White river road section (SP-R1) from a two-lane to a four-lane highway with asphalt pavement, concrete footpaths, surface water drainage, and the design and re-installation of utilities. The proposed scope as illustrated in Figure 1 also includes intersection improvements through construction of two new roundabouts at Rove and Rifle Range to improve management of traffic flow.
B. Potential Impacts on Land
7. Impacts to FTE leased lands have been significantly reduced from 2,240 sq m during the feasibility study to 636 sq m after more detailed design and consultations. This was achieved through several design iterations by MID and the design consultant, with the aim of reducing impacts to properties. Affected fences have now been reduced to 27 (1,591 meters) and carparks have also been reduced to seven. However, there remain six commercial structures to be partially affected from removing frontage of these properties including local canteens and local retail shops within the ROW. Lastly, two automated teller machines (ATMs) will also be removed along the road.
8. Overall, 39 privately-owned affected properties, under FTE lease arrangements, will be affected under the project. These properties belong to 31 APs along the 3.1 km road. There are less APs than the number of affected properties due to two APs’ (Tamlan School and Solomon
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Airlines) ownership of more than one affected property8. All 31 APs (majority businesses and six residential properties) are leasing from government as indicated by the type of land title - Fixed Term Estate9. The land in this road corridor became FTE when the road from Honiara to Aola (east) and to Lambi (west) was gazetted under Proclamation 7 of 1957 (261/213/57) under the Roads Act, creating a 30-meter legal road reserve from Honiara to Naro Hill, west Guadalcanal (Appendix 1 9. 10. GAZETTING OF ROAD SECTION 11. (Honiara – Naro Hill)).
12. In total six strips of FTE leased land measuring a total of 636 sq m are needed to be acquired by MID prior to construction. Overall, the proposed scope of work is confined within the legal road reserve. However, four of the six properties have legal boundaries within the road reserve thus MID will purchase them back from FTE holders to facilitate the road expansion. These properties belong to the following APs: (i) John Szetu Ning (Outback building, 87 sq m); (ii) Collin Tekeha (Rove Fish and Chips shop, 67 sq m); (iii) Andrew Wate & Abraham Eke, (vacant portion, 135 sq m); and (iv) Nelly & Sam Leung (Gao Ming car park and ATM location, 254 sq m).
13. The two additional strips of FTE lands that will also need to be acquired by MID from FTE holders to accommodate proposed design belongs to: (i) Isa’ac Inoke/James Zhang (reclaimed land, 47 sq m); and (ii) Solomon Water, (sewage tank area, 12 sq m).
14. The registration of the late Isa’ac Inoke’s reclaimed land will potentially affect a large drainage structure at Rove roundabout due to lack of a provision requiring FTE holders to provide a drainage easement. The drainage collects water from a large catchment area that flows into the sea and could be potentially blocked by reclamation works being undertaken on the site. This would cause flooding of the road and neighbouring properties. This is a weakness that is now being rectified by the MLHS to protect vital public infrastructure such as road and drainage by inclusion of an easement provision on new FTEs/leases.
15. The full details of the six FTE leases to be affected are shown in Table 1. This includes parcel number, title holder, impact description, location vis-à-vis the ROW, and percentage of impact to the total affected land area. As illustrated in Table 2, the proportion of land required for the majority (four of six) of affected FTEs is 5% or below, ranging from <1-5% of land, except for two FTEs. The first FTE is a reclaimed land located along a major drain in Rove roundabout, which indicates 7% of total land parcel. The second FTE land lease affected is by 65% belonging to the owners of the Gao Ming building, Nelly and Sam Leung. Their property sits on three parcels of land, but it is noted that only the smallest parcel along the road will be affected.
8 Tamlan School owners have eight separate connected parcels that have their fences along the ROW. These fences have to move back outside the proposed construction area. Solomon Airlines own two affected parcels along the proposed construction area. 9 There are three types of land in the Solomon Islands: Customary land, Fixed Term Estate (FTE) (land lease from the government), and Perpetual Estate (PE), which is customary land that has been alienated.
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Table 1: Details of FTE land for acquisition Parcel Affected Parcel Title Impact Affected No. Title Location Size Land Size % No. Holder Description Assets (ha) (sq m) 1 191- FTE John Encroachment Within ROW - Land 011- Szetu into the legal but titled 0.1631 87.109 5% 0092 Ning land boundary. 2 191- FTE Collin Encroachment Within ROW - Land/ part 011- Tekeha into the legal but titled of building 0066 (Rove land 0.428 67.043 2% Fish and boundary. Chips shop) 3 191- FTE Andrew Encroachment Within ROW - Land/wire 011- Wate & into the legal but titled fence 0.565 135.191 2% 0098 Abraham land Eke boundary. 4 191- FTE Nelly & Encroachment Within ROW - Land, 011- Sam into the legal but titled carpark, 0096 Leung land building, 2 0.0393 253.773 65% boundary. ATM machines 5 191- FTE Isa'ac Encroachment Outside ROW Land/fence 011- Inoke into legal 0120 (James boundary. 0.0652 47.396 7% Zhang) Drainage drains into his property. 6 191- FTE Solomon Encroachment Outside ROW Land/ 009- Water into legal sewerage 11.839 TBC 0147 boundary. Tanks Total Parcel Size 1.954
ha Total Private Land to be Acquired (FTE) 636 sq m 3%
16. Other than the noted FTE land leases, five other government properties will also be affected by the road expansion. These five additional strips of land are registered as state- owned land under the Commissioner of Lands that will also be required for the subproject. These comprise the following: (i) Vacant lot in the beginning of the Town Ground, originally under the Ministry of Women, Youth and Children’s Affairs (MYWCA), but allocated recently to the Chinese Embassy by the MLHS; (ii) land frontage of the Children’s Park in front of Police headquarters; (iii) land frontage of the Police Memorial Park next to the Children’s park; (iv) land frontage of the Police Housing across the Children’s Park; and, (v) vacant lot in front of the Assembly of God church’s land near White River.
17. The APs are commonly small business owners who are Solomon Islanders, of Asian descent or naturalized citizens (e.g., Australians, Vietnamese, Hong Kong or mainland Chinese). During the land survey carried out by MID’s project consultants, several properties have their legal boundaries within the ROW measuring 30 meters across. Also, the survey showed that, partly due to lack of awareness on ROW, commonly properties have built their fences within the legal road reserve, outside their legal property boundaries. Moreover, there were also properties that constructed structures within the ROW outside their legal boundaries
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which require removal to facilitate the road expansion. The legal boundaries of all properties along the project site is shown in the detailed design in Figure 1.
18. The presence of legal boundaries of FTE lands within the legal ROW was explained by the Ministry of Lands as historically due to a lack of clarity around the ROW boundary between the Ministry of Lands and MID with also no adequate surveys conducted to clearly indicate the 30 m road reserve as determined by the Roads Act. This has now been addressed by MID and its project consultants who carried out a land survey confirming the location of each property boundary along the road using the Ministry’s land cadastral map and employing this in detailed design preparation.
19. Table below provides a summary of all land requirements for the subproject. Table 2: Summary of Land Impacts (FTE and State-owned)
Type of Description Type Quantity Dimension Impact 1. Loss of A minimal land requirement of 636 sq m from eight Fixed 6 636 sq m land (FTE) private landowners (FTE holders). These strip of Term lands, include titled lands within the 30m ROW.10 Estates11 These include:
1. John Szetu Ning (Outback building), 87 sq m 2. Collin Tekeha (Rove Fish and Chips shop), 67 sq m 3. Andrew Wate & Abraham Eke, 135 sq m 4. Nelly & Sam Leung, 254 sq m 5. Isa'ac Inoke (James Zhang), 47 sq m 6. Solomon Water, 12 sq m
2. Loss of Land required from the government including: State- 5 568 sq m land (FTE) • SI National Provident Fund, Ministry of Women’s owned vacant lot, land • Police Memorial Park, • Police Housing, • Children’s Park, and • vacant lot in front of the Assembly of God church’s land.
Sub Total Affected 11 1,204 sq m Land
10 The proposed 4-lane road expansion averages to 14 meters each side from the centreline including utility easement or 28 meters within the Gazetted road of 30 meters. 11 Source: Land records from Ministry of Lands and Housing Services (MLHS).
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Figure 1: Town Ground to White River (SP-R1) Road Design (CH 00 - CH 160)
Legend: Red line- legal property boundary Green (right hand side) and yellow (left hand side) straight lines – utility easement
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C. Potential impacts on non-land assets
20. Table 1, 4 and 5 illustrates in detail that most of the project’s non-land impacts are on 28 fences built within the ROW that ranges from less than 15 meters to over 200 meters in length. In addition to fences, there are also eight affected structures partially within the ROW including two roadside canteens, two local shops, an office building, apartment, and a residential structure. There are also seven affected carparks in the beginning of the project section comprising of the Town Ground Plaza, the NZ High Commission, the Coral Sea Resort, the APTC Building, the Gao Ming Building (carpark and ATM site), Oka Pacific Co., and Aus Mart Stationeries. Table 1: Summary of affected non-land assets Type of Impact Description Type Quantity
1. Loss of There are 27 privately-owned fences, belonging to businesses Fences 27 fences and residents, encroaching on the 30 m width ROW. The affected (Private) fences include: 1. Town Ground Plaza building 226 m 2. IBS Hotel 177 m 3. Andrew Wate and Abraham Eke 135 m 4. Alice Kaua & Dora Ho'ota (Tamlan School, 8 lots) 292 m 5. Solomon Airlines (2 lots) 164 m 6. Annie Olavae (Tropicana Apartments) 157 m 7. Sila Gasimata 110 m 8. Sullivans (SI) Ltd 38 m 9. Solomon Taiyo 66 m 10. James Aviation 56 m 11. AusMart (lot) 47 m 12. SI National Provident Fund 34 m 13. Others (7) 88 m Total Measurement (Fences) 1,591 m
2. Loss of There are 8 affected structures including: Structures 8 residential and 1. Fish and chips shop belonging to Collin Tekeha (Rove Fish including commercial and Chips), Ch 900-920 canteens structures 2. ATM machines belonging to Nelly Leung (Gao Min Bldg), C. and small 940-1000 shops- 3. Non-operational canteen belonging to Walter Koelau and partial Pasuline Soaki (non-operational), Ch 1440 4. Non- operational canteen belonging to Stephen Waiwori, Ch 1400 5. Retail shop belonging to Aileen Puhi, Ch 1380 6. Tropicana apartments belonging to Annie Olavae, Ch 1740- 1800 7. Office rental structure belonging to Delmay & Presley Sito, Ch 1820 8. AusMart Stationeries caretaker’s residence lot, Ch. 1920- 1940 3. Loss of There are seven (7) affected car parking areas belonging to the Carparks 7 carparks following: 1. Town Ground Plaza building (Corp)
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Type of Impact Description Type Quantity
2. NZ High Commission (NZ Govt) 3. Coral Sea Resort (Corp) 4. APTC Building (Mr. David Rupokets, Individual) 5. Gao Ming building. (Nelly & Sam Leung, Joint owners) 6. Oka Pacific Co. (Lease) (Corp) 7. Aus Mart Stationaries (Corp) Total Non-Land Assets 42 structures
Figure 2: Affected carpark of rental property building (parcel 191-009-0070, CH 1460)
Figure 3: Affected local shop (Parcel 191-009-0073, CH 1380)
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Figure 4: Affected Frontage of Tropicana Apartments (Parcel 191-009-0060, CH 1480)
Figure 5: Affecte Fence (Parcel 191-009-0160)
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Table 2: Affected Fences
Affected Location Affected Chainage Parcel No. Title Title Holder Impact Description Location Fence No. Assets (m) Start -Sheet 1 SIRUF/ China Fence and 1 191-014-0104 FTE Fence and carpark. ROW 225.84 (CH00-CH160) United carpark
Fence need to move Outside Land & fence - 2 CH00-CH160) 191-014-0038 FTE SINPF 33.52 back. ROW utility easement
Encroachment into Sheet. 2 IBS Hotel & Fence - utility 6 191-014-0224 FTE the legal road ROW 177.31 (CH600-CH660) Monarch Restaurant easement reserve.
Encroachment into Andrew Wate & ROW - 9 CH920-CH940 191-011-0098 FTE the legal land Fence/Land 135.19 Abraham Eke but titled boundary.
Encroachment into CH1060- 191-011-0120 Isa'ac Inoke (James legal boundary. Outside 11 FTE Fence/Land 8.71 CH1100 (191--011-176) Zhang) Drainage drains into ROW his property.
Alice Kaua & Dora 18 Sheet 6 CH1560 191-009-0108 FTE Ho'ota (Tamlan As above. ROW Fence 1.04 School)
19 CH1580-1620 191-009-0109 FTE Tamlan School As above. ROW Fence 75.11
CH1620- 20 191-006-0150 FTE Tamlan School As above. ROW Fence 86.76 CH1660 CH1660- 21 191-006-0152 FTE Tamlan School As above. ROW Fence 42.08 CH1700 Ch1700- 22 191-006-0153 FTE Tamlan School As above. ROW Fence 27.40 CH1740
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Affected Location Affected Chainage Parcel No. Title Title Holder Impact Description Location Fence No. Assets (m)
23 CH1740 191-006-N FTE Tamlan School As above. ROW Fence 4.57
CH1740- 24 191-006-0154 FTE Tamlan School As above. ROW Fence 16.86 CH1760 CH1800- 25 191-006-0156 FTE Tamlan School As above. ROW Fence 38.10 CH1820
Annie Olavae CH1740- 26 191-009-0060 FTE (Tropicana As above. ROW Fence/buildings 156.64 CH1800 Apartments and bar)
CH1800- 27 191-006-0003 FTE Solomon Airlines As above. ROW Fence 65.59 CH1840
Delmay & Presley Fence/ office 28 CH 1820 191-006-0351 FTE As above. ROW 26.70 Sito building
CH1840- 29 191-006-0043 FTE Solomon Airlines As above. ROW Fence 98.66 CH1860 Fence and CH1920- Aus Mart residential 30 191-006-0264 FTE As above. ROW 47.34 CH1940 Stationaries structures - caretaker. CH1920- 31 191-006-0192 FTE Sila Gasimata As above. ROW Fence 110.28 CH1940+
Quan Chee_ David Fence is outside 32 Sheet 7 CH2180 191-006-0015 FTE ROW Fence 11.03 Quan legal boundary.
HT Investment Fence is outside 33 CH 2100 191-006-0325 FTE (Hedley Toata) ROW Fence 10.62 legal boundary. (office/white house)
CH2320- Ruckis International Fence is outside 34 191-006-0240 FTE ROW Fence 12.97 CH2360 Ltd legal boundary.
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Affected Location Affected Chainage Parcel No. Title Title Holder Impact Description Location Fence No. Assets (m)
Fence is outside 35 Sheet 8 CH2440 191-006-0336 FTE Dennis Quan ROW Fence 3.42 legal boundary.
CH2440- Fence is outside 36 191-006-0035 FTE Sullivans (SI) Ltd ROW Fence 38.19 CH2480 legal boundary.
191-006-0036 CH2400- (not 191-006- Fence is outside 37 FTE Solomon Taiyo ROW Fence 66.39 CH2440 0012 as in the legal boundary. design) James Aviation CH2720- (owner of C&I Fence is outside 38 191-003-0156 FTE ROW Fence 55.92 CH2740+ Electrical shop at legal boundary. Panatina)
Sheet 9 Fence is outside 39 CH2840- 191-003-0005 FTE Ruth Jedzini ROW Fence 14.35 legal boundary. CH2860+
1590.592
Table 3. Affected Structures (Residential/Commercial)
Impact Affected Location Owner- Affected Signed Chainage Parcel No. Title Title Holder Descriptio Location Structure No. ship Structure MOU n (sq. m)*
Encroachm Collin Tekeha (Rove ent into the ROW - Part of Committed 8 CH900-CH920 191-011-0066 FTE Fish and Chips Individual TBC legal land but titled building. to sign shop) boundary.
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Impact Affected Location Owner- Affected Signed Chainage Parcel No. Title Title Holder Descriptio Location Structure No. ship Structure MOU n (sq. m)*
Encroachm Joint ent into the ROW - 2 ATM 10 CH940-CH1000 191-011-0096 FTE Nelly & Sam Leung TBC Signed Owners legal land but titled machines boundary.
Walter Koelau, Joint Canteen (Not To be 15 CH1440 191-009-0071 FTE As above. ROW TBC Pasuline Soaki Owners operating) consulted
Canteen (Not To be 16 CH1400 191-009-0072 FTE Stephen Waiwori Individual As above. ROW TBC operating) consulted
Shop To be 17 CH1380 191-009-0073 FTE Aileen Puhi Individual As above. ROW TBC (building) consulted Annie Olavae CH1740- (Tropicana 26 191-009-0060 FTE Individual As above. ROW Buildings TBC Signed CH1800 Apartments and bar)
Delmay & Presley 28 CH 1820 191-006-0351 FTE Individual As above. ROW Building TBC Signed Sito
Fence and CH1920- Aus Mart Corporati residential 30 191-006-0264 FTE As above. ROW TBC Signed CH1940 Stationaries on structure (for caretaker).
8 * exact impact on buildings TBC when final design is completed
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E. Other Affected Assets
21. It is noted that there are currently 147 mature trees that have been identified within the road reserve and may require removal. Although these trees belong to the government and will not require compensation, it is recommended that they should be protected and retained as far as possible. In addition, it is expected that there will be temporary impacts, i.e., traffic delays expected as a result during the construction of the subproject. Both these impacts will be managed through the subproject’s environmental assessment through the contractor’s pre-construction work methods and traffic management plan.
F. Safeguards Compliance
22. To date, twenty two of the thirty-one identified APs have signed a memorandum of understanding (MOU) with MID confirming their willingness to move back their property from the ROW, including fences and removal of their structure’s frontage. This process is in line with MID Safeguard procedures in the SPM for infrastructural development and readily confirms AP support and willingness for the subproject. A sample MOU has been included in Annex 5.
23. The remaining nine APs have verbally expressed their support for the project to move back or be compensated for the strip of land required whilst awaiting detailed design to be finalized and their land or assets revalued. It is noted that the CPIU/MID with the support of project implementation consultants will update this draft RP after more detailed design and consultations with the noted APs and a complete set of MOUs pertaining to the subproject as well as official ‘title deeds’ are processed and obtained before award of any contracts or commencement of civil works.
24. In summary, the following table comprises the identified APs and entities which MID have and have not secured MOUs in support of the project.
Table 6: APs and Status of MOUs No. Chainage Parcel No. Title Title Holder Ownership Location Affected Signed Assets MOU 1 Start -Sheet 1 191-014-0104 FTE SIRUF/ China Corporation ROW Fence/ carpark (CH00- United CH160) c/o MID 2 CH00-CH160) 191-014-0038 FTE SINPF Corporation Outside Land & Fence - ROW utility easement c/o MID 3 CH160- 191-014-0260 FTE NZ High NZ Govt ROW Carpark on the CH220 Commission road reserve. c/o MID 4 CH220- 191-014-0250 FTE Honiara Hotel Corporation ROW Carpark on the CH280 Resorts Ltd road reserve. c/o MID 5 CH280- 191-014-0189 FTE Mr. David Individual ROW Carpark -utility CH320 Rupokets (APTC easement Building) Signed 6 Sheet. 2 191-014-0224 FTE Solomon Corporation ROW Fence - utility (CH600- Properties (IBS easement CH660) Hotel & Monarch Restaurant) Signed 7 CH 740 - CH 191-011-0092 FTE John Szetu Ning Individual ROW - Land 760 but titled Signed
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8 CH900- 191-011-0066 FTE Collin Tekeha Individual ROW - Land/ Part of CH920 (Rove Fish and but titled Building Chips shop) Signed 9 CH920- 191-011-0098 FTE Andrew Wate & Joint ROW - Fence/Land CH940 Abraham Eke Owners but titled Signed 10 CH940- 191-011-0096 FTE Nelly & Sam Joint ROW - Land, Carpark CH1000 Leung Owners but titled & Building, ATM machines Signed 11 CH1060- 191-011-0120 FTE Isa'ac Inoke Individual Outside Land/Fence CH1100 (James Zhang) ROW To sign 12 CH1100 191-009-0147 FTE Solomon Water Corp Outside Land/ ROW Sewerage Tanks To sign 13 CH1220- 191-009-0002 FTE Roselyn Misi Individual ROW Fence CH1260 Signed 14 Sheet 5 191-009-0070 FTE Oka Pacific Co. Corporation ROW Carpark CH1460 (Lease) Signed 15 CH1440 191-009-0071 FTE Walter Koelau, Joint ROW Canteen (Not Pasuline Soaki Owners operating) Signed 16 CH1400 191-009-0072 FTE Stephen Waiwori Individual ROW Canteen (Not operating) Signed 17 CH1380 191-009-0073 FTE Aileen Puhi Individual ROW Shop (building) Signed 18 Sheet 6 191-009-0108 FTE Alice Kaua & Dora Joint ROW Fence Chairman CH1560 Ho'ota (Tamlan Owners of the School) Board to sign 19 CH1580-1620 191-009-0109 FTE Alice Kaua & Dora Joint ROW Fence Ho'ota (Tamlan Owners School) Same 20 CH1620- 191-006-0150 FTE Tamlan School Individual ROW Fence CH1660 Same 21 CH1660- 191-006-0152 FTE Tamlan School Joint ROW Fence CH1700 Owners Same 22 Ch1700- 191-006-0153 FTE Tamlan School Joint ROW Fence CH1740 Owners Same 23 CH1740 191-006-N FTE Tamlan School Joint ROW Fence Owners Same 24 CH1740- 191-006-0154 FTE Tamlan School Joint ROW Fence CH1760 Owners Same 25 CH1800- 191-006-0156 FTE Tamlan School Individual ROW Fence CH1820 Same 26 CH1740- 191-009-0060 FTE Annie Olavae Individual ROW Fence/buildings CH1800 Signed 27 CH1800- 191-006-0003 FTE Solomon Airlines Corporation ROW Fence CH1840 Signed 28 CH 1820 191-006-0351 FTE Delmay & Presley Individual ROW Fence/ Building Sito Signed
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29 CH1840- 191-006-0043 FTE Solomon Airlines Corporation ROW Fence CH1860 Signed 30 CH1920- 191-006-0264 FTE Aus Mart Corporation ROW Fence and CH1940 Stationaries residential structures. Signed 31 CH1920- 191-006-0192 FTE Sila Gasimata Individual ROW Fence CH1940+ Signed 32 Sheet 7 191-006-0015 FTE Quan Chee_ Individual ROW Fence CH2180 David Quan Signed 33 CH 2100 191-006-0325 FTE HT Investment Individual ROW Fence (Hedley Toata) (white house) Signed 34 CH2320- 191-006-0240 FTE Ruckis Corporation ROW Fence CH2360 International Ltd (vacant lot) Signed 35 Sheet 8 191-006-0336 FTE Dennis Quan Individual ROW Fence Under CH2440 resumption 36 CH2440- 191-006-0035 FTE Sullivans (SI) Ltd Corporation ROW Fence CH2480 Signed 37 CH2400- 191-006-0036 FTE Solomon Tuna Corporation ROW Fence To sign on CH2440 (not 191-006- 14 July 0012 as in the design) 38 CH2720- 191-003-0156 FTE James Aviation Individual ROW Fence CH2740+ Signed 39 Sheet 9 191-003-0005 FTE Ruth Jedzini Individual ROW Fence CH2840- CH2860+ Signed Legend: Highlighted are those who have signed MOUs as of July 2020.
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III. SOCIOECONOMIC INFORMATION
A. Population
25. The total population estimated for the Solomon Islands for 2018 is 667,044 (National Statistics Office) with a sex ratio of 1.07 males to females, an annual population growth rate of 2.0%, a medium age of 19.9 years, a life expectancy average of 74.2 years (76.9 for females and 71.6 for males) and a density of 22 persons/km2. This represents an increase from 17 persons/km2 recorded in the 2009 census. The 2018 population estimate for Guadalcanal is 145,000 with an estimated population in Honiara of 86,529 with the largest proportion of citizens aged less than 15 years.
26. The data provided in the Household Income and Expenditure Survey 2012/13 indicated fluctuating population growth rates for Guadalcanal over the past two decades. The population grew rapidly, at 4.3% per year, for the inter-census period 1976-86. For the next period (1986-99) the growth rate had dropped to 1.5% due to the 1998/1999 departure of many of the migrants from other provinces. There was a further large outflow of people in 2000, during the civil conflict, known as the ‘tensions’ (1999-2003). The annual growth rate for the period 1999-2005 was 5.6% and since then an average growth rate of 4.4%.
27. The section of SP-R1—Mendana Avenue—between Town Ground and White River is within the Honiara City Council wards of Ngossi and Rove-lengakiki with a population of 2613 people, of whom 1464 are male, and 1149 are females. Notable features and sensitive receptors along the subproject road are similar including government buildings, commercial enterprises, and buildings (hotels, shops, bars) and formal and informal markets. They also include major landmarks such as the Coral Sea Resort and Iron Bottom Sound Hotel; Tasahe Drive intersection; Rove police station; St John’s School; Rove shops; Rove Children’s Park; Rifle Range intersection; and the White River market.
28. The subproject area travelling from Town ground in the east from central Honiara accommodates business houses, hotels, government offices and some residential areas. This is mainly designated as a business and commercial area. The western area associated with White River is a high-density urban suburb consisting of a mix of large residential properties on ridges and settlements on hillsides. White River itself is a high-density urban suburb consisting mainly of squatter settlements such as Wind Valley, Independence Valley, Laundry Valley, Banana Valley and Namoruka.
B. Economy
29. The economy comprises a mix of subsistence production—on which most people rely— and a monetized sector that includes the public service and commercial business, of which resource development-based enterprises are the largest. In 2016, Solomon Islands was the 108th exporter in the world and exported US$430 million of goods and imported US$450 million. The top export commodities in order of value include rough wood ($248 million); processed fish ($26.4 million); palm oil ($25.8 million); wooden stakes ($23.6 million) and cocoa beans ($12.6 million). The 2016 estimated national gross domestic product (GDP), including the value of subsistence production, was US$1.2 billion, all most doubling since 2000 (US$57 million) showing positive annual net growth of around 3% over this time-period. Gross domestic income in 2016 was US$1,880 (WB, 2017), a small decrease from 2015 (US$1,920) with a gross domestic investment rate of 17.6 % of GDP and an inflation rate of 1.1%.
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30. Guadalcanal is a microcosm of the country and exhibits the extremes faced by rural and urban communities. The northern plains have the greatest opportunities for marketing and the greatest negative effects of urban living while the Weather Coast is perhaps the most disadvantaged area in the country. Although there are good soils, extremely high rainfall, steep land and lack of safe harbors and transportation routes and services make it difficult for development.
C. Access to Market and Income
31. The Solomon Islands economy is dominated by subsistence agriculture and fisheries related activities, which support around three-quarters of the total population, including almost the entire rural population. The Guadalcanal 2009 census documented that over 90% of households grow crops, 54% raised livestock and 58% were involved in fishing for both subsistence and small- scale commercial activities. Guadalcanal’s largest formal food market is the Honiara Central Market, with two smaller and informal markets at Kukum (eastern Honiara) and the White River market at Namoruka. Fish and seafood products are also sold at these markets in additional to several smaller roadside markets located throughout Honiara. These markets receive produce from women from rural Guadalcanal, particularly those from Kongulai, northwest Guadalcanal and also from Savo Island, bring fresh vegetables, root crops, coconuts, fruits and raw meat (wild pig) and fish to sell to the public.
32. The people living in the SP-R1 subproject area access the Honiara Central Market and the White River market at Namoruka. There are also betel nut outlets where most residents from Honiara frequently visit to buy betel nuts to resell and for consumption. The major betel nut outlets in the subproject area are found in Rove, adjacent to the Central Police Station Memorial Park, Karaina, just west of the ‘02’ bus stop at White River and at Savo Market, under the shade trees at Tanaggai. At the Karaina betel nut market, women from Malaita sells their betel nut, fruits, leaf (korokua), lime, cigarettes, tobacco, and other fast-moving consumer goods.
33. The main source of income however for most of the urban population in Honiara’s suburbs is from paid employment (wages and salaries), private businesses, the sale of fish, crops, handicrafts, and other sources. According to the census data, 78% of the Honiara population (including Town Ground to White River) have their main source of income from their wages/salaries which accounts for 78% (9% from private businesses, 5% from other sources, 4% from sale of crops, fish, and handicraft and the remaining percentage is from house rents, land lease and remittances).
D. Access to Basic Social Services
34. Education. National average school enrolment is 84% for 6-15-year-olds and 62.6% for 15- 19-year-olds. School enrolment rates for Guadalcanal are lower than the national average, with 81% for 6-15-year-olds and 61% for 15 -19-year-olds. In contrast rates in Honiara for same age categories are higher (86% and 71% respectively). In 2016, students in grades 9 and 11 had dropout rates of more than 20 %, while year 12 students had a dropout rate of 76 %. Some 57% and 55% of the national and Guadalcanal population over the age of 12 have at least a primary education and 19% and 18% respectively have a secondary education. National and Guadalcanal population literacy rates for individuals 15 years and older are 84% and 83% respectively. There is a noticeable gender gap, females aged 15 to 24 are 10 % less literate than their male counterparts. When taking the population of adults 15 and older into consideration, 84 % of men and only 69 % of women in the Solomon Islands were literate.
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35. There are four national secondary schools and three provincial secondary schools on Guadalcanal. Junior secondary schools (also known as community high schools) are less accessible and entry depends on a good grade six result. There are 30 junior secondary schools that offer classes Form 1 - 3 only. Most villages within the Province have access to primary schools within an hour or so walking distance or less, there are 81 primary schools in total and are scattered throughout the Province. There is also one religious technical college – Suva Bible School – on the island. Both Solomon Islands National University and University of South Pacific have campuses in Honiara.
36. There are schools within the SP-R1 subproject area where students attend. Children attend YWCA–Kindergarten, St. John’s School (Primary and Secondary) and White River School (Primary and Secondary). Other school children also attend other various Kindergarten, Primary and Secondary Schools elsewhere in Honiara.
37. Health. Adult obesity and being over-weight affect 46% of women and 29% of men in the Solomon Islands. Higher rates are recorded for residents of Honiara (58% of women and 46% of men). Average life expectancy is 74.2 years (76.9 females, 71.6 males) and infant mortality rate is 22 per 1000 deliveries. Approximately 14% of the population is reported to have a disability. The proportion of population with a disability increases with age (more than half the population aged 55-59 years) but there is little difference in proportion of males and females with a disability. About 10% of children younger than 5-years have a disability. The most common disabilities reported as difficulty/inability to walk, amnesia, difficulties in concentrating, deafness and being blind.
38. The health service system operates by preventative primary health care services, with patient referral to the National Referral Hospital located in the east of Honiara city towards the airport. Health facilities in Guadalcanal include the National Referral Hospital (in Honiara), six area health centers, 13 rural health centers, nine clinics, and 23 nurse aid posts. Some health facilities are staffed with only a nurse aide and/or malaria diagnosis technician, locally known as microscopists. People living along Town Ground and White River have quick access to medical clinics in the vicinity such Rove Clinic and White River Clinic, for regular health check-ups and other basic medical services.
39. Water Supply and sanitation. The urban households obtain their drinking water from the public water supply schemes (55%), household rainwater tanks (42%), wells and springs (1%), and other sources such as bottled water and streams (2%). Groundwater and springs are the main water source for the piped water supplies. Rainwater harvesting is being increasingly utilized by households to increase access to potable water but is not secure due to seasonal rainfall patterns and more frequent droughts due to climate change. The Greater Honiara Area (GHA), comprising the Solomon Islands capital of Honiara, currently have about 60% of people living in the GHA have good access to the public water supply system.
40. Most Honiara households also have access to basic sanitation (75%) with almost two-third of all households having a flush toilet available; 54% private, and 9% shared with other household members. Another 19% use a water sealed toilet with 13% private, and 6% shared. It is noted that pit latrines are still being used in Honiara by 14% of all households. The Solomon Islands Water Authority (trading as Solomon Water [SIWA]), a state-owned enterprise created under the Solomon Islands Water Authority Act, 1992, is mandated to provide for the proper management and development of urban water resources and sewerage services in Solomon Islands.
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41. Energy. Grid-connected electricity is diesel-generated and supplied by a state-owned electricity utility, Solomon Power. Electricity is provided to Honiara and currently installed generation capacity in Honiara is 26 megawatts (MW), with a peak load of 14.3 MW and combined installed capacity in the provincial centers is 4 MW. Through separate power generating plants, Solomon Power provides electricity to eight provincial centers (Auki, Buala, Gizo, Kirakira, Lata, Malu’u, Noro-Munda, and Tulagi). The government is increasing generation through renewable energy including both large-scale solar and hydropower sources and small-scale private solar systems.
42. Access to electricity is extremely low in Solomon Islands, most rural areas do not have access. It is estimated that grid-connected electricity services about only 12% of the population which is mostly concentrated in urban centers such as Honiara. The power tariffs in Solomon Islands are among the highest in the Pacific. The national electricity tariff varies depending on monthly usage in kilowatt hour (kWh), status of the metering system installation and customer activities (residential, commercial, industrial). Solomon Power as the main supplier of electricity in Honiara supplies about two-third of all households with 32% still using kerosene fuelled utensils for as the main source of energy for lighting and cooking. Only 2% of residents in Honiara receive their energy from solar panels.
IV. OBJECTIVES, LEGAL AND POLICY FRAMEWORK, AND ENTITLEMENTS
A. Objectives
43. The objective of the project is to avoid involuntary resettlement wherever possible; to minimize resettlement impacts by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all affected people (APs)12 relative to pre-project levels; and to improve the standards of living of the poor APs and other vulnerable groups, if applicable. The RP aims to provide a process of resettlement impact assessment, implementation of compensation for APs. It covers both physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of a land acquisition or restriction on land use or on access to parks and protected area.
44. To avoid and minimize resettlement impacts, the project will adopt these criteria: (i) the proposed project will be designed within existing ROW/boundary or on government/public land; and (ii) if land acquisition cannot be avoided, design without significant resettlement impacts will be selected.
45. The policy framework for the Project is based on the ADB’s safeguard requirements on involuntary resettlement as embedded in the Safeguards Policy Statement (2009), the Constitution and relevant laws of Solomon Islands including the MID Safeguards Procedures Manual (SPM). Where differences exist between the local laws and ADB requirements, the resettlement policy will be resolved in favour of the latter.
B. Legal Framework
12 Affected person is the term used in ADB safeguard policy and includes any person who is physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land or on access to legally designated parks and protected areas.
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46. In the Solomon Islands, 87% of the land is under customary resource tenure, and all- natural resources belong to customary landowners. Inheritance of customary land ownership or user rights differs with custom from island to island. Some islands (including those in Guadalcanal, Central and Western provinces) typically practice matrilineal inheritance, and the remaining provinces practice patrilineal inheritance. The remaining land is considered “alienated” and is subject to registration under the Land and Titles Act (the Act). Within Honiara City Council and provincial capital boundaries, the land is owned by the state and is held in the perpetual estate title on behalf of the government by the Commissioner of Lands (COL). The COL enters into 50- year fixed term estate (FTE) agreements with individuals or shorter-term temporary occupancy licenses (TOL). A TOL is valid for a period of one to two years, and permanent structures or improvements are not permitted on this land.
47. The Act also governs the government's acquisition of both alienated and customary land. Sections 71 through 85 of the Act deals with the compulsory acquisition of land for public purposes. Under section 71, the Minister makes a declaration that land is required for a public purpose. The declaration (including a plan or description of boundaries) is published, and notice is required to be given to the landowner in case of registered land (section 72), and to all people or groups with interest in the land for unregistered or customary land (section 73). Within three months of the date of the declaration (provided the declaration is not appealed6), the person(s)/group with interest in the land must claim compensation to the COL. Under section 79 (2) the COL can either offer to pay the claim or reject it. If the offer is accepted by the claimant, the COL has three months from the date of acceptance of the offer, to pay the claim. If the claim for compensation is rejected, or the claimant is dissatisfied with the offer by the COL, the claimant has three months with which to appeal with the High Court.
48. Acquisition of alienated land (freehold) is essentially a transaction between the COL, through an acquisition officer and valuation officer (from the office of the Valuer-General plus an independent valuation from a privately registered valuer) and the landowners. Acquisition of alienated land that is not freehold, in effect will constitute a resumption of an FTE lease (in whole or in part) by the COL. All FTE agreements are based on a contract which contains a specific clause stipulating that the COL may resume, for public purposes, part, or all, of the parcel of land covered by the lease. This would require a letter from the concerned government agency (the MID in this case) to the COL setting out details of the land required, purposes for which it is required, and a request for the COL to resume the land back to the perpetual estate title for the purposes set out in the letter. The COL will review the application, and through its Planning and Survey Divisions will survey and demarcate the area required. Following consultations and negotiations with the FTE holder, the COL will issue a letter of resumption, to which the titleholder responds, and the process for agreeing on compensation is commenced.13
49. MID will negotiate with the leaseholders and no civil works commences without agreement from the leaseholder. MID normally engages in discussion with the title holder or its representative and, if there is a disagreement, MID reviews the design and then re-starts the discussion with the leaseholder until an agreement is reached. This same consultative approach on the design will be followed by MID under this project.
13 This is based on the valuation by the Valuer-General and an independent valuation form a private sector and registered valuer.
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50. Section 83 of the Act sets out the criteria for assessing compensation for land acquired compulsorily and included such things as (i) condition of the land concerned; and (ii) any other matters and circumstances considered relevant, including assessment of any diminution in value to owner/occupier of contiguous. Section 84 of the Act deals with compensation for customary land and provides for transfer or grant of other land or estate (along with terms and conditions), to person(s) or group8, instead of payment of compensation. Sub-section 4 says that such compensation is for the benefit of all people in the group, in the tradition of customary usage.
51. In case of improved alienated land, the Act provides for (i) compensation for permanently acquired land; or (ii) rent for temporary use or occupation of land. Compensation can be provided in two ways; (i) if requested by a leaseholder, an FTE can be granted for an alternative parcel of land; or (ii) cash compensation based on a valuation of land plus improvements. The valuation is based on the current value of parcels of land for similar uses in the area and the current rent for similar FTE arrangements. For unimproved alienated land, compensation negotiation is based on the original lease price plus reimbursement of all rent payments made up to the time of the resumption. This is considered to constitute current market value/replacement cost as envisaged in the ADB safeguard policy.
52. Temporary occupation of land for public purposes – for a period of a maximum of three years - may also be acquired by the COL (under section 82). This follows a similar process to the acquisition of land, with a declaration and notice being given. Agreement as to the rental follows a similar process to the claim, offer, acceptance, and assessment as compensation for land to be acquired (under section 79). Under sub-section 3, at the end of the temporary use, the land is to revert to the owner or person or group with interest in the land. If the land has been damaged or the value diminished, compensation is to be awarded.
53. Sections 60 through 70 of the Act deals with purchase or lease of customary land (through agreement) by the COL or any Provincial Assembly. The process starts with an appointment of an Acquisition Officer for land purchase or lease. The Acquisition Officer demarcates the boundary and agrees with landowners for the purchase or lease of the land required. The Acquisition Officer publishes a notice, holds a public hearing, and prepares necessary reports. The agreement is reached with respective landowners, and it is implemented by the COL, including payment of the compensation, taking possession of the land, and registration of the land in the name of acquiring entity.
C. MID Safeguards Procedures Manual (SPM)
54. Under MID’s SPM, SP-R1 is regarded as a Tier 3 activity as it has involuntary resettlement impacts. MID projects are categorized into tiers 1 to 3 where tier 1 has no land acquisition and tier 3 being with more complex activities. This subproject is Tier 2 with no land acquisition but with potential impacts to non-land assets such as trees. SPM will follow a set of planning and implementation procedures for each activity and is to be followed by government- and donor- funded projects under MID. The screening, assessment, planning, implementation, and monitoring process involves several stages and parallel steps within each stage:
(i) All activities--irrespective of the tier--require screening and scoping to establish the planning and resourcing requirements for further work; (ii) For Tier 1 activities, smaller scale effects can be addressed through environmental, health and safety guidelines and checklists (which have been developed by CPIU/MID) that are included in the civil works contract;
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(iii) Training is provided to contractors on awareness and monitoring of contractors’ compliance is undertaken. For Tier 2 activities, contractors are required to prepare a site-specific construction environmental management plan (CEMP). Tier 3 activities require EA and development consent; (iv) Tier 1 and 2 activities, while the procedure is abbreviated, still require significant engagement with the affected community for the contractor to establish and maintain a community advisory committee (CAC) for all activities. The CAC engages in the supervision and problem solving during the construction; (v) Tier 3 activities are more complex and will be required to complete additional steps of conducting a feasibility study. A feasibility study includes technical, environmental, social as well as financial and economic assessments and analysis. Climate change and adaptation requirements are also included.
D. ADB’s Policy on Involuntary Resettlement
55. The ADB Safeguards Policy Statement (2009) requires ADB-assisted projects to (i) avoid resettlement impacts wherever possible; (ii) minimize impacts by exploring project design alternatives; (iii) enhance, or at least restore the livelihoods of all APs in real terms relative to pre- project levels; and (iv) improve the standards of living of the affected poor and other vulnerable. It covers both economic and physical displacement.
56. The key principles of the ADB safeguards policy on resettlement are as follows: (i) screen early the projects resettlement impacts and risks; (ii) carry out meaningful consultations with the participation of affected persons (APs)/Displaced persons (APs), inform all APs/APs of their entitlements and resettlement options. Pay particular attention to the needs of vulnerable groups; (iii) establish a grievance redress mechanism; (iv) improve, or at least restore the livelihoods of all APs/APs through (i) land-based resettlement or cash compensation at replacement value as relevant, (ii) prompt replacement of assets, (iii) Prompt compensation at full replacement cost, and (iv) additional revenues and services through benefit sharing schemes where possible; (v) provide APs/APs with needed assistance including (i) if there is relocation, secured tenure to relocation and better housing; (ii) transitional support and development assistance, and (iii) civic infrastructure and community services as required; (vi) improve the standards of living of the displaced poor and vulnerable groups to at least national minimum standards; (vii) develop procedure in a transparent, consistent and equitable manner if land acquisition is through a negotiated settlement; (viii) ensure that APs/APs without titles are eligible for resettlement assistance and compensation for loss of non-land assets; (ix) prepare an RP elaborating on APs/APs entitlements, income and livelihood restoration strategy; (x) disclose an RP in an accessible place and a form and languages understandable to the APs/APs and other stakeholders; (xi) conceive and execute resettlement as part of a development project or program; (xii) provide compensation and other entitlements before physical or economic displacement; and (xiii) monitor and assess resettlement outcomes and their impacts on the standards of living of APs/APs.
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E. Policy Differences between ADB Policy and Solomon Islands Law and Gap-filling Measures
57. The Act and the ADB SPS (2009) have differences on some key policy point in compulsory acquisition of land. The Act does not require adequate resolution with affected parties; it simply requires that declaration and notice be given about the temporary use of land or acquisition or resumption of land (lease) and for the purposes it is required. Nor does it require preparation of a "plan" documenting the process, consultation undertaken with APs, the procedure of acquisition and compensation.
58. The Act also does not cover APs without title or ownership records, such as informal settlers/squatters (non-titled APs) or people with structures or gardens (encroachments) within ROW. While the Act includes a provision for interest on compensation amounts to be paid to a claimant, the amount of the award is not free of taxes or other deductions, as required under the ADB policy. Furthermore, the legislation does not consider the social and economic consequence of land acquisition regarding the restoration of lost income.
59. Finally, the Act does not differentiate between major and minor impacts on APs whereas ADB policy clearly identifies significant impacts as requiring specific and additional measures of mitigation, including measures to address the needs of vulnerable groups or APs. Table 8 below summarizes the differences between the Act and the ADB safeguard policy and identifies remedial measures to fill the gaps.
Table 7. Comparison of Solomon Islands Law and ADB Policy and Gap-filling Measures
ADB Safeguard Policy SOL Law Provisions Gap-filling Measures Requirements
Does not require adequate Disclosure of project information (incl. The RP to be disclosed on ADB's consultation with affected parties. acquisition process and website made available for public Only requires a declaration to be compensation); perusal at MID and Provincial Gov. made and notice to be given in Broad-based and meaningful offices; Summary of RP to be made case of resumption of FTEs. consultation with community and APs available in English and Pidgin on required (incl. non-titled APs). request;
Adequate consultations to be conducted and documented.
Compensation does not cover All transaction costs associated with Compensation to include amounts due taxes or other deductions. the acquisition to be included in for taxes and any other costs compensation award, i.e., there should associated with the transfer or be no cost to APs. acquisition. No cost to APs on land acquisition.
Does not provide for Compensation and other forms of All APs including non-titled will be compensation for structures if assistance to be provided for non-titled entitled to compensation for existing they are illegal or encroaching. APs. structures or assets within the ROW identified before the cut-off date, but structures or assets erected in the ROW after the cut-off date will be ineligible for compensation.
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Does not provide for lost Livelihoods to be restored to at least Additional measures required to income/livelihoods resulting from pre-project conditions. ensure that APs’ livelihood is restored the acquisition of land or assets. and any impacts from loss of income are mitigated.
Does not require preparation of a Requires plan prepared to elaborate RP to be prepared. The assessment plan or report setting out APs’ entitlements, livelihood and planning will be based on the level acquisition, compensation or restoration measures, implementation of significance of impacts. other measures. arrangements, and budget.
E. The Project’s Principles and Policies
60. Consistent with the ADB safeguard policy, this RP will apply to all three categories of APs: (i) persons with formal or legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal or legal rights to such land, but who have claims to such land that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land.
61. The project will follow both the national laws and regulations and the ADB safeguard policy. In cases of any gap, the ADB policy will apply. The project’s key resettlement principles are: (i) avoid or minimize involuntary land acquisition and resettlement through careful design; (ii) APs will receive compensation at replacement cost and/or assistance so that they will be as well-off as without the project; (iii) APs will be consulted during project cycle; (iv) absence of formal title will not be a barrier to compensation for house, structure and trees/crops and particular attention will be paid to vulnerable groups; (v) land compensation and resettlement assistance will be completed before start of civil works; and (vi) land acquisition and resettlement will be conceived as part of the project and costs related to resettlement will be included in and financed out of the project cost.
62. The project will follow eligibility and provisions in the RP for compensating all types of losses resulting from land acquisition or restriction on land use or access. APs will receive compensation at replacement value. Titled APs will receive compensation for land acquired by the project. Non-titled APs are not eligible for compensation of land but will receive compensation for assets attached to land and other assistance as required.
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V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
A. Stakeholders
63. There are three groups of stakeholders under this project: (i) government and state-owned public utilities, (ii) private sector including businesses and landowners and (iii) the public and road users. Government stakeholders include: (i) National government, (ii) the Ministry of Finance and Treasury, (iii) the Ministry of Lands, Housing and Survey, (iv) the Ministry of Infrastructure Development, (v) Honiara City Council, and (vi) the public utilities such as Solomon Power, Solomon Water and Telekom.
64. Affected persons inclusive of land/property and business owners along the project road are key stakeholders as well as the public who commute daily using the Town Ground to White River road. Information to be shared with stakeholders include the proposed project design (two- lane to four-lane road, asphalt pavement and drainage improvement, concrete foot paths, design and installation of replacement utilities and intersection improvements for traffic management). Additional information to be shared with stakeholders includes entitlement on compensation, and the project’s grievance redress mechanism particularly whom to contact if stakeholders have any questions or complaints and how to achieve resolution to complaints.
B. Consultations Held
65. Site assessments and individual consultations were carried out between May 2019 to May 2020. This was in follow up to the first stage of public consultations that were held from May to August 2018 during the feasibility study phase. In the initial phase, consultations with identified APs were held with MID discussing the proposed road expansion and how their land parcels will be affected. The series of consultations were also employed to collect basic socioeconomic information including livelihoods and educational levels as well as their initial level of support to the subproject. In summary this consultation period conducted the following:
(i) Initial socioeconomic survey of leaseholders or their representatives (28 April to 4 May 2018). (ii) Individual consultations with APs (May to August 2018). (iii) SP-R1 preliminary draft RP publicly disclosed (29 August 2018) in a townhall meetings with APs and other key stakeholders such as the Chamber of Commerce, Ministry of Lands, and Honiara City Council.
66. At this feasibility study stage, the draft RP was only based on initial designs which at the time identified only twenty-eight APs. Public disclosure of the RP thus followed individual consultations. (Appendix 3. Public Minutes of Meeting during Feasibility Study). The public disclosure townhall event was well attended with all participants expressing strong support for the road subproject (Appendix 4. Attendance List). It is documented that there was a high level of support among affected APs and the public due to the recognition of an increase in vehicle ownership in Honiara and increase of business activities along this road. This was particularly prevalent from people in west Guadalcanal and its outer islands who utilize the road to get to Honiara town’s markets to sell produce, buy food supplies, and access basic social services such as health and education.
67. The second phase of consultations held for the subproject was from November 2019 to May 2020 and this was due to revisions in the initial design which changed the scope of works and impacted land acquisition requirements for the subproject. As a result, at least four design
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iterations were carried out as per MID requirements to reduce impact to properties and reduce cost. An example of this, is the reduction in size of the Rove/Tasahe intersection roundabout in order not to impact police housing. To address how much land and road improvements will be further affected by the change in scope of the subproject, a new cadastral survey of the proposed 3.1 km road was carried out and then the engineering concept design was overlaid onto this cadastral map to estimate the newly affected FTE lands along the road corridor.
68. With the new designs in hand, consultations were then again held with individual APs including newly identified APs during this period. The current draft RP is based on these findings and consultations. It is noted that the planned public disclosure for this RP was originally scheduled for 26 March 2020 but was cancelled by MID due to COVID-19 restrictions on public gatherings imposed by the Solomon Islands Government. The public disclosure event was instead replaced by sending information letters with the detailed road design to the APs in early May 2020 (Appendix 2 69. 70. PUBLIC DISCLOSURE INFORMATION LETTER DURING DETAILED DESIGN 71. ). Individual meetings were also conducted when possible with APs who requested face- to-face meetings during the COVID-19 restriction. As it is still uncertain as to when the restrictions will be eased by government, the official townhall public disclosure of this RP will be postponed until when it is possible, but it will be done prior to any award of contract and civil works.
72. Prior to these consultations, and public disclosure activity, MID will complete the full valuation of assets to finalize compensation rates. MID and MLHS’ approach of latest land market valuation and providing estimate of replacement value of potentially affected land improvements need to be again discussed individually and negotiated with APs. This is the main reason that some APs have not signed an MOU yet as they want a definitive value presented to them.
73. A copy of the updated RP will then be made available at the CPIU and MLHS offices. If an affected party requests, a summary of the RP may also be translated into Pidgin. Prior to construction, consultation and awareness activities will be continuously carried out through regular meetings to ensure that those affected persons, businesses, and entities are aware of the proposed design and measurement of required land and asset compensation. A project stakeholder communication strategy and a draft community consultation plan (CCP) has been prepared for the project and will be updated for project implementation. MID, through the CPIU PMU will be responsible for disclosure requirements to APs prior to construction and disclosure of the updated RP on the Solomon Islands and ADB’s website.
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VI. GRIEVANCE REDRESS MECHANISM
74. The grievance redress mechanism (GRM) is scaled to the risks and adverse impacts of the project. It will promptly address and use an understandable and transparent process that is gender responsive, culturally appropriate, and at no costs and without retribution, to the APs.
75. During implementation, CPIU will have a designated staff member responsible for implementing the Grievance Redress Mechanism (GRM). CPIU’s project manager will be the focal point for assisting the contractor to receive and address project related concern. If possible, complaints will be resolved first by the Project Manager on-site, followed by the CPIU, and then, if unresolved, escalate to responsible government authorities, as described below.
76. During the construction period, the Contractor, together with CPIU/MID, will be a key participant in the resolution of grievances. (i) The AP first will discuss their complaint directly with the Contractor's representative on site, where the Contractor will record the details of the complaint in the GRM register. If the AP is not satisfied with the response, take the complaint to the subproject office or to the CPIU. Straightforward complaints will be resolved by determination of issues locally on the spot. All such issues are recorded by the subproject staff. (ii) If the AP is not satisfied with the outcome, the complaint is next discussed by the complainant and the CPIU/MID, assisted by the Social and Environment Safeguards Officer (SESO) and Project Committee Members, comprised by selected community representatives along SP-R1, i.e., Chamber of Commerce. The SESO will record all complaints (date, complainant, grievance, attempts to resolve the complaint and outcomes) and have a maximum of seven days to resolve the complaint and convey a decision to the AP. If the complaint of AP is dismissed, the AP will be informed of their rights in taking it to the next step. (iii) Should the AP not be satisfied with the decision of the CPIU/MID, depending on the nature of the complaint, the AP may take the complaint to the MLHS, who will appoint the COL to review the complaint. The MLHS will have 15 days to decide. (iv) If a satisfactory conclusion cannot be obtained through this process, the AP can take the matter to the courts (Magistrates Court or High Court). This will be at the APs cost, but if the court shows that the government ministries have been negligent in making their determination, the AP will be able to seek costs reimbursement.
77. Through public consultations, APs will be informed that they have a right to complaint/grievance resolution. The record of the grievance redress mechanism will be the subject of monitoring. As such during construction/implementation, the GRM complaints register will be held at project site office, maintained by the Contractor, and monitored by the SESO. All complaints arriving at a site office are to be entered in the Register (by, date, name, contact address and the reason for the complaint) that is kept at the site. The Register is then signed off by the person who is responsible for the decision and dated. The Register is to be kept at the front desk of the site office and is a public document. The duplicate copy given to the AP will also show the procedure that will be followed in assessing the complaint, together with a statement affirming the rights of the AP to make a complaint. For anybody making a complaint, no costs will be charged to the AP.
78. In the event of grievances related to the ownership of lands to be acquired that cannot be resolved at the local level, the MID and COL will hold the compensation amounts in escrow or
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trust account. Compensation will be paid in full upon final resolution of the case in the courts or another forum, by the entitlements of the AP.
Table 4: Grievance redress process
Step Process Duration 1 Affected Person (AP)/ takes the grievance to the Contractor, (if Any time unresolved taken to CPIU/MID) 2 Contractor/CPIU/MID reviews issue, and in consultation with the One week complainant, then record a solution to the problem. 3 CPIU/MID reports back to AP and gets clearance from the 1 week complainant. If unresolved 4 AP take a grievance to the relevant government agency for Decision within 2 resolution (Ministry of Lands Housing and Survey who will appoint weeks the COL to review the complaint) If unresolved or if at any stage and AP is not satisfied with the progress AP can take the matter to appropriate state or national court (Magistrates As per judicial system. Court, High Court or CLAC)
79. Any disputes arising over alienated land is referred to the Magistrates Court and follow the procedures set out in the Land and Titles Act and Civil Code. Disputes over the award of compensation for the resumed title, or where an FTE holder seeks to get compensation for "unimproved" land, are settled in the High Court.
80. For disputes over customary land, there is a two-step process: (i) the civil procedure through the Magistrates Court, and (ii) the customary procedure. The hearing in the Magistrates Court will determine whether the case can be dealt with through civil proceedings or whether the case is better handled through the customary process. If the case cannot be resolved after the Local Court hearing, it is presented as a case before the Customary Land Appeal Court (CLAC), which usually settles the case.
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VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS
A. Entitlements
81. All people who will lose assets (land and non-land) will be given adequate notice and/or compensated by the project as per the subproject’s entitlement matrix. All 31 private FTE leaseholders as APs are each eligible for compensation under the RP either due to identified affected strips of land including those within the ROW, and damage to or removal of property such as fences, roadside canteens and shops, residential frontage, driveways and carparks. Consultations with communities and APs’ reveal that they are willing to be compensated at market rates for land and after another round of valuation after detailed design. All APs entitled to compensation will sign a ‘deed of settlement’.
B. Calculation of Compensation
82. Land. Compensation for the land will be determined through securing the latest market land valuation and replacement value for improvements including fences, driveways, and carparks. This will be done through valuers of MLHS and independent valuers if necessary. Once there is a determined value, MID will offer the AP the amount for the affected assets which will be the basis of reaching a negotiated settlement with the APs before a ‘deed of settlement’ is signed. The compensation amount initially estimated in this RP was based on the 2015 valuation of the current Kukum Highway upgrading with an SBD 1,200 per sq. m. This rate however will be updated for the year the affected assets will be acquired. The agreed amount will be from the annual MID development budget allocation. Any additional transaction costs e.g. land survey cost, and registration fees will be borne by the project.
83. Non-land assets. The proposed sub-project is are expected to result in partial losses to structures, residences, or community assets within the ROW. In instances where this occurs, in the cases of crops and trees, the project will utilize the schedule of payments under the Ministry of Agriculture; in the cases of structures or residence, this will be determined jointly by both the CPIU and the affected land owner based on replacement cost of the said structure, residence or community asset. This will be finalized at the conclusion of negotiations with FTE holders prior to construction.
C. The Valuation Process
84. An initial asset valuation has already been undertaken in project preparation. However, before any award of contract and before civil works commence, the CPIU’s safeguards team will again verify and certify the values using current Government and market rates. APs will be involved in the review and re-valuation. If the AP agrees with the valuation, then this will be used as the basis for negotiation. The detailed measurement survey will be used as the basis for calculation. If the AP disagrees with the valuation, as the current practice in land valuation in the Solomon Islands, the project will allow them to utilize an independent valuer that will be paid for by the Project on a case by case basis.
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D. Entitlement Matrix Table 5: Outline of relevant entitlements for the subproject
Impact/Type of Loss Application Entitled APs Entitlement
Loss of use of land Alienated land (FTE, Leaseholder Rent as negotiated with through temporary etc.) required during leaseholders. All temporary use occupation by the repair/rehabilitation of land will be through the written project activities agreement with the landowner/ leaseholder, and land will be returned to the landowners after rehabilitation to original or better condition.
Permanent loss of Alienated land (FTE, Leaseholders, Leaseholders will be provided residential or etc.) to be resumed for tenants, and with cash compensation at business land the project construction users of land replacement cost.
Partial or total Structures in ROW Owner of Replacement of minor structures removal of minor structure affected or compensation for structures (fence, removed structures, i.e., fence, carpark, driveway, driveway, at replacement value footpath) without deductions for salvaged materials.
Unforeseen or Any impact identified at Concerned Determined as per the spirit of unintended impacts the final design stage affected people this resettlement plan
VIII. INCOME RESTORATION AND REHABILITATION
85. This section is not applicable as there will be no physical relocation of residential structures. Although there will be eight (8) partially affected structures where impacts will be mostly to frontage of single-storey commercial buildings such as Rove Fish and Chips, office building owned by Delmay and Presley Sito, Tropicana Apartments, and two (2) ATMs on Gao Ming lot. These four APs have been consulted and have indicated agreement to be compensated for damages to their structures within the ROW. In addition, Ausmart, Tropicana Apartments and office building owners, Delmay and Presly Sito have signed a non-legally binding MOU with MID to confirm their support for the road expansion. Nelly Leung, owner of Gao Ming Building has verbally committed to also sign an MOU. Similarly, all four have expressed agreement to receive compensation from MID at market value to replace their affected assets prior to construction.
86. There will also be affected public utilities such as power poles, water pipes and underground telecommunication lines. Inventory of these government assets have been undertaken by MID during detailed design. MID have also consulted with utility companies such as Solomon Water, Solomon Telekom, Solomon Power, and owners of the newly installed submarine cable company and adequate budget to relocate these utilities have been included in the project costing.
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IX. RESETTLEMENT BUDGET AND FINANCING SOURCE
87. The estimated resettlement budget for the lands within the ROW to be re-acquired by the project and to pay for improvements (fences, driveway, and others) is approximately SBD 1,785,520 (USD 218,279). This figure is a general estimate as valuation is still required according to the Land Act provision for freehold/FTE lands. Estimates for the 8 affected structures and 8 carparks are still to be completed but MID has committed to allocate budget to meet these costs. The RP will ensure that APs are paid the market price as per ADB Safeguards Policy Statement.
Table 6: Estimated Budget
SN Items Quantity Cost (SBD) Cost (USD)
A Compensation
(i) Land (sq. m) -private 636 763,20014 93,300.73
(ii) Shops, office buildings, etc. 8 763,200 93,301
(iii) Carparks 7 TBC TBC
(iv) Fences (28) 1,591 m TBC TBC
Subtotal (A) 1,526,400 186,601
B (iii) DMS 81,800 10,000
C (iv) consultations 15,000 1,834
96,800 11,834 Subtotal (B+C) 1,526,400 186,601 A+B+C 1,623,200 198,435 Contingency (10%) 162,320 19,843.52 Total 1,785,520 218,279 Note: Based on the current (2015) cost of acquiring land along Kukum Highway for the JICA-funded project at SBD 1,200 per sq m. based on the government and independent valuators’ assessment of the affected assets’ market value in 2015.
X. INSTITUTIONAL ARRANGEMENTS
88. The following are the different agencies responsible for the update, implementation, monitoring and reporting of the progress of the RP:
89. Executing agency: The Ministry of Finance and Treasury (MoFT) will be the executing agency, responsible for overall administration of the project, while MID will be the implementing agency. All responsibilities for land-related matters planning and implementation will be led by MID CPIU.
14 2015 Valuation by Solomon Islands Ministry of Lands, Housing and Survey.
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90. Implementing agency: The Ministry of Infrastructure Development (MID) through the Central Project Implementation Unit (CPIU) and its project management unit (PMU), has overall responsibility to manage the resettlement plan. The MID will undertake necessary land surveys and in collaboration with the Ministry of Lands initiate the process to acquire land. MID will ensure that entitlements and measures in this RP and suitable budgetary provisions are made for timely implementation of this RP. The MID will also coordinate with the Commissioner of Lands and other relevant government agencies in the land acquisition process.
91. The CPIU/PMU will be responsible for the day-to-day implementation of project activities. And will assign a project manager within CPIU to manage the project, including social safeguard activities, assisted by the International Social Safeguards/Gender Specialist in the PMU. The project manager and the safeguards specialist will ensure that all relevant safeguard plans are implemented to meet their intended requirements. They will carry out the following activities to fulfil the following CPIU’s role: (i) Undertake adequate consultations with and dissemination of relevant information to APs during detailed design, pre-construction, and during construction; (ii) Ensure that the CPIU’s detailed design and implementation consultants consider safeguard issues and try to avoid or minimize social impacts through appropriate design. The social safeguard team will brief CPIU technical design team in this regard; (iii) Address any project-related grievances of APs and facilitate in resolving disputes on land ownership; (iv) Undertake public consultation to inform APs and secure their inputs into the detailed design/construction of the subproject and schedule of the subproject activities, including construction, the hiring of local unskilled labor, and other related activities; (v) Following the award of the civil works contract, the safeguards team will arrange a briefing to the contractors to raise their awareness on safeguard requirements; (vi) Coordinate with relevant authorities including the Province and Ward Councillors, and local landowner chiefs, to ensure that land-related activities are completed prior to the start of the construction activities; and (vii) Undertake regular monitoring and reporting on implementation progress of safeguard plans. It is noted that a compensation completion report will be submitted to ADB for no- objection prior to the possession of the site and commencement of civil works.
A. Ministry of Lands, Housing, and Survey
92. MLHS and its relevant divisions, including the COL, will provide necessary support to MID in carrying out land acquisition activities. As this project require the acquisition of land within the ROW, the COL will appoint a Land Acquisition Officer (LAO) to undertake land acquisition activities. The MID assisted by the LAO will identify land, landowners, or leaseholders, participate in consultations, prepare declarations and notices as required, and undertake land acquisition surveys as necessary.
93. The CPIU/PMU and LAO will undertake a final census and land survey after confirmation of project detailed design and prepare a proposal for MLHS to start acquisition of land (resumption process). Also, following consultations, the MOUs will be prepared and signed by leaseholders and a representative of the government (the MID and the COL to decide). The LAO will support the CPIU/PMU document and track the process; the MOU will outline the responsibilities of each party and what compensation will be provided to the leaseholders for loss of land and identify individuals/households/businesses who are using the land and the compensation they will receive for any lost or removed assets. The LAO will also support of the CPIU/PMU in processing the final ‘deeds of settlement’ and ensuring compensation.
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B. Supervision Consultant
94. A Supervision Consultant (SC) will be hired by the project to support the CPIU and make up the PMU. The SC will be responsible for the implementation of the provisions and monitoring of this RP. The progress in the RP implementation will be reported by the contractor to the SC and SC to the government and ADB.
XI. IMPLEMENTATION SCHEDULE
95. The systematic implementation of the resettlement activities, as laid out in this Resettlement Plan, is essential to prevent undue delays to the construction schedule. The following schedule will be updated during the detailed design stage:
Table 7: Implementation schedule
Estimated S.N. Activities In-Charge Timing 1 Verify land ownership status based on concept design, Quarter 1-2 CPIU/MID government land valuation, and market valuation (through (2020) government and private valuator) International Social (Note: based on the current FS land investigation) Safeguards Specialist (ISSS) 2 Consultations Quarter 2 CPIU/MID Update of the RP based on detailed design and following (2020) ISSS consultations with APs. 3 Due to COVID-19 restrictions imposed by the government, Quarter 2 inform letters were sent to identified APs to confirm final (2020) CPIU/MID project impact to their properties. ISSS 4 Confirmation of land requirement and leaseholders during Quarter 2 CPIU/MID detailed design (based on May DD submission) (2020) ISSS 5 MID writes to the COL setting out details of the land Quarters 3-4 MLHS required, purposes for which it is required, and a request for (2020) the COL to resume the land back to the perpetual estate title MID for the purposes set out in the letter. 6 The COL will review the application, and through its Planning Quarters 3-4 MLHS and Survey Divisions, will survey and demarcate the area (2020) required. 7 Purchase (instead of Resumption) & Negotiation. Quarters 3-4 MLHS/COL Conduct follow-up meeting with leaseholders, or (2020) representatives, to negotiate price. Third Party validator CPIU/MID appointed and attending negotiation. 8 Following consultations and negotiations with the FTE holder, Quarters 3-4 MLHS/COL the COL will issue a letter of resumption, to which the (2020) titleholder responds, and the process for agreeing on CPIU/MID compensation is commenced 9 Agree proposed compensation amount (input from Quarters 3-4 I/SSS government and private valuators) within CPIU/MID and (2020) MLHS/COL before negotiation with the leaseholder CPIU/MID 10 Third Party Validation of agreement Quarters 3-4 CPIU/MID (2020) 11 Allow time for the landowner to consult with family and own Quarters 3-4 MLHS/COL land valuer (approx. 1-2 weeks) (2020) CPIU/MID 11 Prepare government land acquisition form (Deed of Quarters 3-4 MID Settlement) (2020) to MLHS/COL
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Estimated S.N. Activities In-Charge Timing Quarters 1-2 (2021) 12 Signing Deed of Settlement Quarters 3-4 MID 2020 to Quarters 1-2 MLHS/COL 2021 13 Payment of land acquisition (from MID budget; payment Quarters 3 – 4 MID/MOFT normally after 6 months after submission to MID accounts) (2020) to Quarters 1-2 (2021) 14 Copy of Deed of Settlement kept by MID and copy send to Quarters 3 - 4 MLHS/COL MLHS/COL for re-survey and return the name of the owner (2020) to COL to Quarters 1-2 (2020) 15 MLHS/COL to register back to the government Quarters 3-4 MLHS/COL (2020) to Quarters 1-2 (2021) 16 MID submits the Deed of Settlement and compensation Quarter 3-4 MID/CPIU completion report to ADB (2021) Estimate Time Frame 12 Months
17 Commencement of civil works
XII. MONITORING AND EVALUATION
96. The primary objective of monitoring is to identify as early as possible the activities achieved and the cause(s) of constraints so that the arrangements in the RP implementation can be adjusted. Also, to get Affected Person’s feedback on the RP implementation and corrective actions, if required. Monitoring is essential because RP implementation is often the critical path for any project where civil works are involved, due to issues of land acquisition, compensation, and resettlement that may cause a delay in civil works. The early identification of the causes of delay will enable the CPIU (with support from the design consultants), to prepare the mitigating measures during RP implementation.
97. All tasks will be monitored internally, and progress reported to the government and ADB on a semi-annual basis. Monitoring will be carried out by the CPIU Social and Environment Officer, with the assistance of the PMU safeguard specialist(s) and the MLHS. Process indicators will relate to implementation outputs and deliverables. All data collected will be disaggregated by gender. These will be collected directly from the field and will be reported monthly to the PMU to assess the RP implementation progress and adjust the work plan if necessary. These reports will be consolidated in the project’s quarterly progress reports and semi-annual safeguards monitoring reports to ADB.
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Appendix 1
GAZETTING OF ROAD SECTION15 (Honiara – Naro Hill)
DECLARATIONS OF PUBLIC ROADS (Section 3)
Roads Act
LAWS OF SOLOMON ISLANDS
[1996 EDITION]
CHAPTER 129
ROADS
ARRANGEMENT OF SECTIONS
SECTION
1. SHORT TITLE 2. INTERPRETATION 3. MINISTER MAY DECLARE PUBLIC ROADS 4. POWER TO VEST ROADS IN LOCAL AUTHORITIES 5. DIRECTOR MAY ORDER ROAD TO BE CLOSED OR DIVERTED 6. DIRECTOR MAY ENTER INTO CONTRACTS AND MAY SUE AND BE SUED 7. POWER OF DIRECTOR TO ENTER UPON LANDS 8. POWER TO TAKE MATERIALS 9. POWER TO ERECT BUILDINGS 10. POWER TO THROW RUBBISH UPON ADJACENT LANDS 11. POWER TO MAKE TEMPORARY ROADS 12. POWER TO CUT OVERHANGING TREES 13. POWER TO CONSTRUCT FENCES 14. POWER TO MAKE AND KEEP DITCHES AND LAY TRUNKS, ETC 15. POWER TO PLACE STONES, ETC., ON PUBLIC ROADS 16. COMPENSATION FOR INJURY TO PROPERTY 17. WHO MAY EXERCISE DIRECTOR'S POWERS 18. OBSTRUCTION OF OFFICERS
15 http://www.paclii.org/sb/legis/consol_act/ra73/ra73.html and http://www.paclii.org/sb/legis/consol_act/ra73.pdf
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19. WHERE THE ERECTING OF TEMPORARY PREMISES IS ALLOWED 20. SURVEY BY QUALIFIED LAND SURVEYOR TO BE PRIMA FACIE EVIDENCE 21. REMOVAL OF OBSTRUCTIONS OR ENCROACHMENTS 22. DAMAGING ROADS, ETC 23. OTHER OFFENCES 24. CLOSING NEW PUBLIC ROAD FOR CERTAIN TIME AFTER MAKING 25. OWNER TO HAVE BRIDGE, ETC., OVER DRAIN LEADING TO HIS HOUSE 26. FURTHER OFFENCES 27. POWER OF DIRECTOR TO RECOVER EXPENSES OF EXTRAORDINARY TRAFFIC 28. NON-LIABILITY FOR CONDITION OF ROADS 29. RULES
Proclamation 7 of 1957 (261/213/57)
1. HONIARA.—That road being all that area of land, adjoining Kuper's Farm, near Matanikau Bridge, Honiara, described as Lot 67 Section V Township of Honiara containing approximately 2.232 acres as the same is more particularly delineated on Miscellaneous Plan No. 202 deposited in the office of the Commissioner of Lands and thereon coloured burnt sienna.
Proclamation 2 of 1968 LN 40/1968
3. GUADALCANAL.—The roads specified below and the adjoining land within fifty feet of the centre line thereof—
HONIARA—NARO HILL ROAD
The existing road commencing at the western boundary of the Honiara Town Council area specified in Legal Notice No. 20 of 1964 and running generally in a westerly direction for a distance of approximately thirty-two miles to the west bank of the Bagi River which lies to the west of Naro Hill. The general line of the said road is indicated in red on Plan numbers 1534a, 1534b and 1534c deposited in the office of the Commissioner of Lands in Honiara, copies of which may be inspected at the Public Works Department in Honiara.
CHAPTER 129 ROADS
Subsidiary Legislation
DECLARATIONS OF PUBLIC ROADS (Section 3)
Proclamation 2 of 1968 LN 40/1968
3. GUADALCANAL.—The roads specified below and the adjoining land within fifty feet of the centre line thereof—
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Appendix 2
PUBLIC DISCLOSURE INFORMATION LETTER DURING DETAILED DESIGN
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Appendix 3
PUBLIC MINUTES OF MEETING DURING FEASIBILITY STUDY
PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation
1 Police Comment: With regard to roadside Agreement by Police property owners it is best for them to participants to this Representative be informed now of the project and Notice potential impact on their properties than later on. This will also help property owners to share the project information with their families or business partners and also to start think about what is expected to happen if this project will proceed on.
2 Jeffery Moore Was survey work undertaken to Topo survey was Mike Qaqara, (AP)- Tandai check for property boundaries already undertaken Deputy Director, (JT along the road to CPIU/MID Development/ mark out boundaries Honiara Hardware)
3 Was actual cadastral survey Detailed survey was Mike Qaqara, undertaken to mark out exact undertaken during the boundary lines as most people erect FS that is why the fences outside of their boundaries affected properties were identified. However, further boundary identification will be undertaken with MLHS when is required to further make out if boundary/fence is actually on road reserve or not
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PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation
What is the policy on building HCC issues building Mike Qaqara, approvals/permits approvals/permit MID, HCC and MLHS are working together to address issues on roadside development.
MID had made known to HCC of their proposed road expansion and their proposed working plans for consideration.
Any development along roadside will require approvals from MID, ECD (development consent), HCC and MLHS.
Partner ministries are working together to ensure no more developments are on road reserve (ROW) and no land allocation on ROW.
4 Solomon Why 4 Lanes from Town Ground- Suggestion Noted Mike Qaqara, Environment White River when congestion is MID informed APs Beautification mainly caused by potholes and that the Ministry is (SEB)-Sue deteriorated road conditions which forecasting on the Mackie need maintenance? SEB is future as Town suggesting if four lanes start from Ground to White Town Ground- Rove/Tasahe River has high influx Junction and then 2 lanes through to of people using the White river road corridor and more and more
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PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation vehicles will be travelling along the highway and it is better to plan ahead now with regard to road expansion. MID will do additional traffic count.
For businesses that will lose parking Businesses will lose Mike Qaqara, spaces; it will affect businesses as parking spaces as their car parks/parking spaces, e.g., they build on road APTC, Gaoming, Talon etc. To reserve which is compensate for a loss of fence or illegal. land maybe easy as money will be paid for compensation. But if they As part of donor lose their parking space, there policy, affected cannot be any provision for a new properties will be parking space and this will really compensated. affect the business
5 Suvokelva Experience dust hazard from the Yes, Approval will be Mike Qaqara, Babu (APs current road maintenance work. The given from HCC. Rep)-Rove Rove Fish Market operators are However, Fish Market thinking of putting up a fence as it is consultation with MID a food outlet to avoid dust affecting & HCC will be their business. Will they get necessary before approval from HCC, MID & MLHS? approval is given as MID has plans for As they are proposing to erect a expansion for roads. fence to avoid dust and as it seems Consultation with this project could start around 2020? HCC will also accommodate concerns raised by APs.
6 Wendy Ho- Will there be any buildings affected? No buildings will be Lulu/Mike Q SI Chinese affected only car Association parks, fences
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PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation
For other consultation, include SI Noted. Wendy Mark, Chinese Association Rep. This is National Social important as they will help inform Safeguards Chinese Communities who are living Consultant in Honiara. Most of the new Chinese do not speak or understand better pidgin and hence important if Reps to attend so that they can properly inform them about government/ donor funded projects and developments
7 Police Supportive of the Proposed Project and sees this as a way forward. Informing APs and stakeholders about the project before actual construction is good as they are prior informed of government plans and interest and also letting them know of what will happen to their properties.
This consultation will be taken as a notice for property owners to take note and start thinking and informing and consulting with family members’/business partners what is likely to occur. And also, to start consult with relevant authorities to avoid conflicts.
Supportive of having 4 lanes and other improvement works to the road.
8 MLHS- Will be implementing the Local Planning Planning Scheme to improve the City
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PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation
MLHS will provide LPS to HCC to implement.
LPS has controls which if any individual (s) wish to develop their area; they need to follow certain standards out lined.
If development is outside of parcel boundary, it is therefore illegal. There are requirements provided by MLHS planning for HCC to use as a guide.
9 Solomon For every tree cut down in this This is included in the Lulu. Environment proposed project, can it be EMP. Beautification replanted? Maybe double the size? (SEB)-Sue Mackie
Jeffery Moore Further comment on the historical nature of the roadside frangipanis’ from KGV1- White River. He stressed that those frangipanis were planted by the Chamber of commerce as an independence gift some 40 years ago. The once remaining are the ones surviving the developments occurring.
10 Jeffery Moore Agree to having four lanes from It is better to Mike Qaqara Town Ground-White River. It is rehabilitated and essential for development and to do expand the existing it now as if it will not be done now, road now than later to the people will start building over avoid such to happen. their boundaries to road reserves.
Jeffrey Moore Will there be any land exchange in Alan Mcneil, terms of compensation package
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PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation No land will be Acting exchanged for Commissioner compensation for MLHS
There will be no Mike Qaqara major resettlement occurring. For Affected Properties, valuation will be undertaken to determine the value, then MID will discuss with APs the value. This process will take time.
11 Steve Requested cooperation from Bunabo roadside property owners while (MID- MID’s contractor are still undertaking safeguards) road maintenance works on various sections of the road in the City to improve the road condition.
12 Lulu Z Wrap Up – summary of agreements All participants Carmine including endorsement of (i) 4-lane confirmed/gave (ii) monetary compensation based their collective on market valuation of land and agreement. improvements as entitlement to APs and (iii) grievance redress process e.g. main contact person/offices (Mike Qaqara, Winston Lapo, Steven Bonabo for CPIU for future inquiries and complaints.
13 Participants Thanked MID for convening the Requested all Mike Qaqara meeting. Also, for the very useful interested to write information. Requested copy of the email address on the powerpoint presentation. attendance sheet.
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PUBLIC STAKEHOLDER CONSULTATION (SP-R1 [B1])
Minutes of Consultation with Affected Persons, Government Agencies and NGO 2-4pm, Wednesday, 29 August 2018 Kairos Conference Centre, Hyundai Mall, Honiara
Attendance: 28 Participants (see Appendix 3 list of participants)
Affected Persons/ Question Response Who Organisation
14 Mike Qaqara Closing Remarks. Thanked All participants everyone for coming to the meeting.
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Appendix 4
ATTENDANCE LIST
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48
Appendix 5
SAMPLE SIGNED MEMORANDUM OF UNDERSTANDING (MOU)
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50
51
52
53
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Appendix 6
SOCIOECONOMIC SURVEY FORM
ADB Strengthening Domestic Transport Connectivity
To be administered to potentially affected persons
SOCIOECONOMIC SURVEY OF THE POTENTIALLY AFFECTED PERSONS IN SP-R1 (B1)
Respondent Number:
1.0 BACKGROUND INFORMATION
1.1Parcel No 1.2 Site ______1.3 Km/Chainage ______1.4 Village/Ward ______1.5 Province ______
2.0 Name of Respondent Date of Birth (M/D/Y) ____/____/______, ______, (Age) ______
(Family Name) (First Name) Gender Male Female
Contact No. Mobile ( ) Landline ( )
Relationship to HH/Owner HH Spouse Sibling Parent of HH Employee others ______
3.0 Household Head
Name of HH Date of Birth (M/D/Y) ____/____/____
______(Age) (Family Name) (First Name) Gender Male Female Contact No. Mobile ( ) Landline ( )
Civil Status Single Married Separated Widow/er Live-in Other (specify:______)
Religion Roman Catholic Anglican South Seas Evangelical Church United Church Seventh Day Buddhist Other (specify:______)
Length of stay on the current Less than one year How many months? ______location More than one year How many years? ______ Since birth How many years? ______
Place prior to the current In Honiara City location Outside of Honiara City (City/Municipality/Island:______)
Reason for establishing Economic Reason: Proximity to livelihood Rent free / Affordable rental fee residence in the current Social Family ties Near school Got married location Reason:
Others: Awardee Acquired right Emergency (Demolition, Calamity etc.)
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No other place to go Other (specify:______)
3.0 HOUSEHOLD COMPOSITION
3.1 3.2 3.3 3.4 3.5 Civil 3.6 Educational 3.7 Occupation Name Relation Age Gender Status Attainment 1. Public Services to HH 2. Private Business 1. Married 1.Primary 3. Agriculture No 2. Unmarried 2.Secondary 4. Study 3. Widow 3.Vocational 5. Housewife 4. Widower 4.College 6. Labour 5 Others 5.Graduate 7. Professional 8. Unemployed 1 Head M F 2 Spouse M F 3 M F 4 M F 5 M F 6 M F 7 M F 8 M F 9 M F 10 M F 11 M F 3.8 Socially Vulnerable (Persons) Please tick if any person with special need living in the household Elderly (60 yrs. +) Person with physical and mental disabilities 12 Person who needs special medical care Person who has difficulties communicating (language) Others ______-
4.0 ECONOMIC INFORMATION
4.1 NAME 4.2 PRESENT 4.3 LIVELIHOOD STATUS 4.4 PLACE OF 4.5 AVERAGE SOURCE OF (use codes) WORK INCOME (SBD) INCOME 1. Full 1. In Honiara 1. average (use applicable time/permanent/Regular 2. Outside Honiara fortnightly income code) 2. Part-time/not regular 2. Average 1. Paid Job 3. Seasonal seasonal income 2. Cash Crop 4. No Income 3. Others 3. Own Business 4. selling produce to market 5. Other 1. 2. 3. 4. 5.
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6. 7
5.0 Monthly Income (SBD) From salary From extra income selling produce to No Name Cash Crops Others /business (paid job) market 1 Head 2 Spouse 3 4 5 6 7 8 Total Grand Total
6.0 HOUSING FACILITIES
6.1 Access to Drinking Water 6.2 Access to Electricity 6.3 Source of fuel for 6.4 Access to Sanitation Cooking 1. Piped Connection (Solomon Water) 1. SIEA 1. Bottled Gas/LPG 1. Toilet inside the house 2. Shared with neighbor 2. Hurricane Lamp 2. Kerosene 2. Toilet outside the house 3. Rain Water Tank 3. Kerosene Lamp 3. Electricity 3. Communal toilet 4. Buy from Venders 4. Solar 4. Firewood 4. Other ______5. Others ______5. Others______5. Well 6.Others______
7.0 Transportation How often do members of your household use the road? And what is the typical purpose of travel? 7.1 NAME 7.2 Frequency of Travel (please circle 7.3 Typical Purpose of Travel (use codes) month or year as appropriate) Typical Purpose of Travel: 1 = Work or employment 2 = health care 3 = education 4 = Selling or purchasing of goods 5 = Others (specify) 1. daily/weekly/ monthly/ yearly 2. daily/weekly/ monthly/ yearly 3. daily/weekly/ monthly/ yearly 4. daily/weekly/ monthly/ yearly
8.0 Current Road Condition & Emergency (please circle multiple if required) 8.1 What do you think of the current road condition? 1 = Full of potholes in certain places (please circle multiple if required) 2 = Narrow road (only 2-lane) creating traffic build up 3 = Gets flooded during rainy season due to blocked/inadequate
drainage 4 = Other (specify) 8.2 Have you, or a household member needed to go to the 1= No 2= Yes hospital for emergency reason in the last 3 months? 8.3 If Yes, please provide a reason
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8.4 How did you travel to the hospital?
9.0 EDUCATIONAL INFORMATION ON YOUNG HOUSEHOLD MEMBERS
9.1 In which school do the children in your household presently go? (indicate name and location of school) 7.1 SCHOOL 7.2 LOCATION (use code) Location: 1= within the community 2= within Honiara 3= Outside Honiara
1 2 3 4 5 9.2 Are there household members (aged 7 to 21) who have YES NO stopped going to or dropped from school? 1 = yes 2 = none (skip item 9.3) 9.3 Those who are of working age and willing to work, do they 1= NO 2= Yes have work now? 9.4 If not, why? 9.5 If skilled/unskilled labor work is available from the proposed 1= NO 2= Yes project during construction and post-construction stages (maintenance), will you or someone you know will be interested in participating?
10.0 ACCESS TO TRANSPORT 10.1 What kind of transport do you use to go out from your 1= PMV 2=own vehicle 3= walk 4= taxi community to access social services or market? others______11.0 ACCESS TO MARKET 11.1 What type of produce/goods does you grow/sell? 1= vegetables 2= fruits 3= cash crops 4= others______5= Not Applicable (pls state reason, i.e., business owner not agree grower/seller) IF N/A, go to Question no. 12 below.
11.2 Where do you sell your produce/goods? 1= within the community 2= outside the community Others ______11.3 Can you indicate the average amount of produce/ goods you sell per month (in kg)?
12.0 HEALTHCARE 12.1 Where do you go to access health care? 1= public hospital/clinic 2= private doctor. 3= others (pls state) ______
12.2 How often does your family need to travel to the hospital/place where you normally go for healthcare? Also, please indicate approximately the number of days that a family member was not able to travel due to a bad road?
12.3 Name 10.3 Frequency of Travel (please circle month or 10.4 How many days per year not able to work year as appropriate) due to illness or injury? 1. 2. 3. 4. 5
12.5 What is the main reason for traveling to the 1= No health center in the community hospital/place you normally go for healthcare? 2 = Drugs and equipment in short supply in the local health center (please circle one or more) 3 = Require specialist medical advice 4 = other (specify
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13.0 ATTITUDES AND PERCEPTIONS 13.1 What do you think are the potential benefits of the Town Ground to White River road improvement project for you, your family, your business, community or country’s economy? 13.2 Do you have any concerns regarding the road improvement project? 13.3 Do you support the project (expand from 2-lane 1 = Yes. Why?______to 4-lane) event it affects your property or 2 = No. Why?______business? If this road is selected to be part of the project and the road expansion (i.e., from 2 lanes to four-lanes) and your property need to be pushed back thus, you may lose some land or other assets. 13.4 How much assets i.e. land or trees, crops etc are 1 = Under 10% of my assets. Why?______your estimated loss that may result from the 2 = Over 10% of my assets. Why?______current project technical design i.e. fence, driveway etc? 13.5 Recommendations. Do you have any recommendations to the government? Regarding the proposed improvements to the Town Ground to White River (SP-R1 (B1))?
- END OF INTERVIEW - THANK YOU!
Interviewer: ______Date: ______Supervisor: ______
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