Technical Assistance Layout with Instructions
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Resettlement Plan August 2017 INO: Flood Management in Selected River Basins Sector Project Prepared by the Ministry of Public Works and Housing through the Directorate General of Water Resources for the Asian Development Bank. This is an updated and revised version of the draft originally posted in May 2015 available on http://www.adb.org/projects/35182-043/main#project- documents. CURRENCY EQUIVALENTS (as of 11 August 2016) Rp1.00 = $0.000076 $1.00 = Rp13,129 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) BWS – Balai Wilayah Sungai (Center for River Basin) CBFRM – community-based flood risk management COI – corridor of impact CWZ – construction works zone DED – detailed engineering design DGWR – Directorate General of Water Resources DMS – detailed measurement survey EA – executing agency EIA – environmental impact assessment EMA – External Monitoring Agency FMSRBSP – Flood Management in Selected River Basins Sector Project GOI – Government of Indonesia HH – household IA – Implementing agency IOL – inventory of losses IR – involuntary resettlement Km – kilometer LA – Land acquisition LAIT – land acquisition implementation team LRP – livelihood restoration program MAPPI – Masyarakat Profesi Penilai Indonesia (Indonesian Professional Appraiser Association) MOHA – Ministry of Home Affairs NJOP – Nilai Jual Object Pajal (tax object selling price) PIB – project information booklet PIU – project implementation unit PPAT – Pejabat Pembuat Akla Tanah (land deed official) SES – socioeconomic survey SOE – state-owned enterprise SPS – Safeguards Policy Statement SPPT – Surat Pemberitahuan Pajak Terhutang (government notification of outstanding tax) GLOSSARY Affected Residents/ – Refers to any person or persons, customary community, private Population/Entitled or public institution who are physically displaced (relocation, Persons 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. Census of affected – The census is a count of all displaced persons irrespective of persons their titled or non-titled land ownership status. Its purpose is to accurately document the number of displaced persons and to create an inventory of their losses finalized on the basis of a 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 – Proper and equitable replacement provided in the form of cash or other agreed in kind at replacement cost to the affected person / entitled party in the process of land acquisition / resettlement for the assets and livelihoods lost or affected by the project. Construction Works – A CWZ shall be a designated zone defined during detailed Zone design and clearly identified in the resettlement plan update 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 any subproject of the FMSRBSP. 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 – The cut-off-date for eligibility to project entitlements refers to the date when the Land Acquisition Implementation Team (LAIT) led by Land Agency posts the result of the detailed measurement survey (DMS) that include the list of the entitled parties and the losses in public places (e.g village office, district office, and the location of the land acquisition). The cut-off date sets the time limits to determine eligibility of persons living and/or with assets or interests inside the project areas. Should they be adversely affected, they will be entitled to compensation for their affected assets, including rehabilitation measures as needed, sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. Those 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. The cut-off date will be made known to entitled parties and other stakeholders. Detailed – With the use of approved detailed engineering drawings, this Measurement activity involves the finalization and/or validation of the results Survey of the IOL, severity of impacts, and list of APs done during the preparation of this resettlement plan. The updating will be carried out during land acquisition implementation phase undertaken by the land acquisition team led by land office. Eminent domain/ – The right of the state using its sovereign power to acquire land Compulsory Land for public purposes. National law establishes which public Acquisition agencies have the prerogative to exercise eminent domain. Entitlement – Refers to a range of measures of compensation and other forms of assistance provided to displaced/ entitled persons in the respective eligibility category. Entitled party – Party that controls or possesses land acquisition object Impact – Extent of social and economic impacts resulting from the implementation of an activity. In land acquisition / resettlement, the degree of impact will be determined by (a) scope of economic loss and physical displacement / relocation; and (b) vulnerability of the affected population / entitled party. Impact can be positive or negative. Impact Indicator – Effect of benefits derived from project activity. Impact indicators can only be known in medium and long term. Impact indicators show the rationale why a project is implemented, describe the macro aspects of project implementation, and the purpose of sectoral, regional and national projects. Income restoration – This involves rehabilitating the sources of income and productive livelihoods of severely affected and vulnerable APs to enable income generation equal to or, if possible, better than earned by displaced persons before resettlement. Inventory of Losses – This is the listing of assets as a preliminary record of affected or lost assets during the preparation of this resettlement plan where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the COI are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the Affected Persons or entitled parties are likewise determined. Land acquisition – Land Acquisition activity by way of giving compensation and other measures adequately and at replacement costs for damages / loss to the entitled parties / affected populations in order to reduce adverse social impacts due to the project. Land acquisition and resettlement are conducted involuntary for the benefit of the project. Land Acquisition and – A time-bound action plan with budget, setting out the Resettlement Plan resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation. Land Acquisition – Land, space above ground and below ground, buildings, plants, object objects related to land, or any other objects that can be assessed Relocation – The physical displacement of an AP from his/her pre-project 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 displaced persons in connection with their relocation. Replacement cost – Amount in cash or in kind needed to replace an asset in its existing condition, without deduction for transaction costs or depreciation, at prevailing market value, or its nearest equivalent, at the time of compensation payment Resettlement – It is the displacement of people, not of their own volition but involuntarily, from their homes, assets, sources of income and livelihood in the Corridor Of Impact (COI) in connection with the Project. Severely affected – This refers to Affected/ displaced Persons who will i) lose 10% persons or more of their total productive assets, ii) have to relocate, and/or iii) lose 10% or more of their total income sources due to the project. Vulnerable groups – These are distinct groups of people who might suffer more or face the risk of being further marginalized due to the project and specifically include: i) households that are headed by women, ii) household heads with disabilities, iii) households falling under the regional poverty line, and iv) elderly household heads.1 NOTE In this report, "$" refers to US dollars. This LARP is a document of the borrower. The