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Land Acquisition and Resettlement Plan

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Land Acquisition and Resettlement Plan Land Acquisition and Resettlement Plan December 2020 Indonesia: Flood Management in Selected River Basins Sector project Ciujung River Embankment Development Subproject - Civil Works 03 (CW03) – Part 1 Prepared by the Ministry of Public Works and Housing through Directorate General of Water Resources for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 30 October 2020) Currency unit – Indonesian rupiah (IDR) IDR1.00 = USD 0.000067 USD1.00 = IDR 14,926.5 ABBREVIATIONS ADB – Asian Development Bank AH – Affected Household AP – Affected Person BAPPEDA – Badan Perencanaan Pembangunan Daerah (Provincial/District Development Planning Agency) BBWS 3CIS – Balai Besar Wilayah Sungai (River Basin Center) Cidanau - Ciujung - Cidurian DGWR – Directorate General of Water Resources LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan LRP – Livelihood Restoration Program MPWH – Ministry of Public Works and Housing NOTES (i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011. (ii) (ii) In this report, "$" refers to United States dollars This Land Acquisition and 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 judgments as to the legal or other status of any territory or area. LIST OF ABBREVIATIONS ADB – Asian Development Bank AH – Affected Household AP – Affected Person BAPPEDA – Badan Perencanaan Pembangunan Daerah (Provincial/District Development Planning Agency) BPN – Badan Pertanahan Nasional (National Land Agency) BBWS 3CIS – Balai Besar Wilayah Sungai (River Basin Center) Cidanau - Ciujung - Cidurian CBFRM – Community-Based Flood Risk Management CPMU – Central Project Management Unit COI – Corridor of Impact DGWR – Directorate General of Water Resources DMS – Detailed Measurement Survey EA – Executing Agency EMA – External Monitoring Agency FGD – Focus Group Discussion FMSRBSP – Flood Management in Selected River Basins Sector Project GRM – Grievance Redress Mechanism IA – Implementing Agency IOL – Inventory Of Losses LAIT – Land Acquisition Implementation Team LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan LRP – Livelihood Restoration Program MAPPI – Masyarakat Profesi Penilai Indonesia (Indonesian Professional Appraiser Association) MPWH – Ministry of Public Works and Housing OPD – Organisasi Perangkat Daerah (Regional Apparatus Organization) PIB – Public Information Booklet PIU – Project Implementation Unit PPAT – Pejabat Pembuat Akta Tanah (Land Deed Official) RCS – Replacement Cost Study RRCS – Rapid Replacement Cost Study SAH – Severely Affected Household SAP – Social Action Plan SES – Socio-economic Survey SPS – Safeguard Policy Statement VAH – Vulnerable Affected Household i GLOSSARY Affected Persons – Refers to any person or persons, customary community, (APs) private or public institution who are 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 livelihood) as result of i) acquisition of land; ii) restriction on land use or on access to legally designated parks and protected areas. The affected populations are parties who control or possess an object land acquisition. Affected Household – Refers to all the APs residing under one roof and operating as (AH) a single economic unit, who are adversely affected by a project or any of its components. Census of Affected – The census is a count of all APs irrespective of their titled or Persons non-titled land ownership status. Its purpose is to accurately document the number of affected persons and to create an inventory of their losses (IOL) finalized on the basis of a Detailed Measurement Survey (DMS). A census describes the persons who are displaced, their livelihoods and income sources, and what they are likely to lose because of the project. Compensation – Refers to payment in cash or in-kind for an asset or resource that is acquired or affected by the Project at the time the asset needs to be replaced. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs. Construction Works – A construction works zone shall be a designated zone defined Zone during detailed design and clearly identified during the Land Acquisition and Resettlement Plan (LARP) updating that will divide the canal/river into convenient stretches for construction implementation Corridor of Impact – Area, which is impacted by civil works in the implementation of the subproject. It is important in two particular respects: (a) Legally as the area within which AHs will be entitled to compensation and other measures for any loss of land, structures or land use and occupation and of livelihoods and (b) Operationally as the agreed and demarcated area within which construction activities will take place. Cut-off date – Refers to the data set to determine eligibility for compensation and assistance under the subproject. The cut-off date for eligibility for this subproject was set on 25 February 2020 which is the date of determination location determined by this subproject. Any people who encroach into the project area, or any of its subprojects after the cut-off date will not be entitled to compensation or any other assistance under the subproject. ii Detailed – This activity involves the finalization and/or validation of the Measurement results of the IOL, severity of impacts, and list of APs done Survey during the preparation of this LARP based on the detailed engineering design of the subproject. The DMS will be carried out by the Land Acquisition Implementation Team led by land offices. Eligibility Refers to any person who has settled in the Project area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised such as transaction costs, interest, on loss of residual land, loss of income sources or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance. Entitlement – Refers to a range of measures comprising compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution/business restoration, etc. which are due to the APs, depending on the type and severity of their losses, and are sufficient to restore their economic and social base. Income Restoration – Refers to rehabilitating productive livelihood of severely affected households (SAHs) and vulnerable affected households (VAHs) to enable income generation equal to or, if possible, better than earned by AHs before the resettlement or of pre-project levels.. Inventory of Losses – This is the process where all fixed assets (i.e., land used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the subproject right- of-way are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs estimated. Additionally, the severity of impact to the affected assets and the livelihood and productive capacity of APs will be determined. Land Acquisition and – A time-bound action plan that includes objectives, Resettlement Plan principles, entitlements, specific activities, responsibilities of concerned agencies, groups and individuals, and budget for addressing the displacement of people from assets, sources of incomes, homes, and communities towards reconstructing their disrupted lives and improving or restoring their standards of living to at least pre- displacement levels. The draft LARP is prepared based on the census/IOL and a socio-economic survey (SES) and will be updated if ant update of the detailed engineering design. Relocation – The physical displacement of an AP from his/her pre-project iii place of residence and/or business. Relocation – Support provided to persons who are physically displaced by a Assistance project. It may include transportation, transitional assistance (food, shelter, and social service) that is provided to the APs in connection with their relocation. Replacement Cost – Replacement cost involves replacing an asset, including land, at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and any other applicable payments, if any. Depreciation of assets and structures should not be considered for replacement cost. Where there are no active market conditions, the affected persons and host populations will be consulted with to obtain adequate information
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