Due Diligence Report Project Number: 41509-013 October 2016
PNG: Rural Primary Health Services Delivery Project (Loan 2785 and Grant 0259)
Prepared by the Department of Health for the Asian Development Bank.
This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgements as to the legal or other status of any territory or area.
Papua New Guinea Rural Primary Health Services Delivery Project
DUE DILIGENCE REPORT FOR ACQUISITION of the YAMAYA CHP SITE
Morobe Province
October 2016
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INDEX
Executive Summary Project and Community Health Post Description Yamaya Community Health Post Site - Description and Area Scope of Land Use/Purchase Socioeconomic Information Information Disclosure, Consultations and Participation Grievance Redress Mechanism Applicable Policies and Laws Agreements on Land Use Compensation and Benefits Budget and Sources of Funds Institutional Arrangements Implementation Schedule Monitoring and Reporting
ANNEXURES (Available Upon Request)
Annex One: Report of Land Consultations
Annex Two: Report of Community Consultations/Health Needs Analyses
Annex Three: Registered Cadastral Land survey of site dated 26/02/2016 (Map)
Annex Four: Land Investigation Report dated 2/09/2015
Annex Five: Valuation by the Office of the Valuer-General dated 3/02/2015
Annex Six: Certificate of Alienability dated 26/02/2016
Annex Seven: Environmental Management Plan
Annex Eight: Sale & Transfer of Land
Annex Nine: Deed of Release
Annex Ten: Approved Layout Plan for Community Health Post
The image on the cover of this Report depicts a helicopter parked on the site of the proposed CHP. Du i g the o st of the et seaso Ya a a is o l a essi le heli opte a d e e ge evacuations of labouring women are mostly effected by this means as the road trip to the nearest referral centre can take as much as eight (8) hours.
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EXECUTIVE SUMMARY
The Rural Primary Health Service Delivery Project (RPHSDP) is a collaboration between the Government of PNG represented by its National Department of Health and the Asian Development Bank, Australian Department of Foreign Affairs and Trade, the OPEC Fund for International Development, the World Health Organisation, the Japanese International Cooperation Agency and UNICEF.
The Project is operating in two (2) Districts of each of eight (8) Provinces. The civil works component of the Project (Output 4) involves construction of thirty-two (32) new Community Health Posts, ninety- six (96) new staff houses as well as providing medical equipment and small vehicles (cars, boats, or motorbikes) to support their operation. It will also install or upgrade sanitation facilities, provide waste management facilities and establish renewable energy supplies for selected health facilities.
The Community Health Post is deemed a Level 2 Health Facility under the PNG National Health Service Standards, 201 s ‘ole Deli eatio Mat i a d is e ui ed to p o ide ate al a d hild p i a health clinics. Provision is also made for birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage, stabilisation and referral to higher level facilities of critically ill lie ts. A odest P o edu e ‘oo is p o ided to allo e e ge a e of t au a o se ious medical conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The Ya a a so eti es spelled Ya aia Community Health Post is expected to provide health services for up to forty (40) people per day.
Yamaya Village is located about fift kilo et es o e a d a half da s alk southeast of Menyamya Station in the Menyamya District of Morobe Province. It is accessible by road from Lae and from Bulolo, the nearest township, but can take up to eight hours of travelling time dependent upon prevailing weather conditions. The site is adjacent to the Yamaya/Kapu access road but in a very remote and underserved area of the Menyamya District.
The immediate catchment population for the proposed Yamaya Community Health Post is 2521 persons. Demand for maternal and child health services to be offered by the Community Health Post will mostly be derived from the 368 children less than 5 years of age and 542 women of child bearing age living in the area as identified through the 2011 Census. However, it is also anticipated that those living in other villages served only by dilapidated aid posts will also access the new Yamaya Community Health Post and that the true catchment population will be closer to 7000 people once the facility is constructed and commissioned.
The nearest Hospital is the Bulolo District Hospital which is five to eight hours travelling time to the northeast but, because of its poor condition and lack of usable bed capacity, most medical evacuations are to the ANGAU Memorial General Hospital in Lae. Urgent obstetric cases are evacuated by chartered helicopter but other cases are transported by road.
The site at Yamaya, acquired for the State by the Hon. Benjamin Phillip, Member for Menyamya, satisfies all of the P oje t s criteria required for construction of the proposed Community Health Post to proceed:
The land is in Menyamya District of the Province The Provincial Health Adviser of Morobe Province has endorsed the concept plan, the site plan and the final design of the Community Health Post after consulting with the local communities that it will serve. Landowners of the area have been consulted extensively about their healthcare needs and
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voluntarily offered land for the project in order to secure a Community Health Post within their village. The P o i e s “t ategi Health “e i e De elop e t Pla , 5 -2020 e o e ds construction of a Level 2 Community Health Post in the village to serve the health needs of the 2521 people living in the immediate area. That Plan has been endorsed by the Provincial Administration. The Provincial Administrator is prepared to enter a Memorandum of Agreement with the Secretary for Health confirming the availability of recurrent budget for operation of the facility The Provincial Health Adviser has nominated the three staff members to be assigned to the facility and those staff have undergone extensive upskilling in maternal and child health service provision. The nominated Officer in Charge has completed the Rural Health Facility Management Course delivered by Divine Word University. The Community Health Post design has been certified by the Manager, Health Facilities Branch of the National Department of Health as consistent with the National Health Service Standards, 2011 The Environmental Management Plan was endorsed by the relevant officers of the Asian Development Bank on 8th March, 2016. The former customary owners of the land consented to sell their land to the State through the Land Investigation Report dated 2nd June, 2015. The land offered is cleared, slightly sloping and well drained clay and loam. It is known locally as Pai ata i and registered as Portion 44C Milinch of Menyamya, Fourmil of Wau, Menyamya District, Morobe Province. The La d I estigatio ‘epo t i di ates that the e is suffi ie t la d a aila le a d thus the o e s a affo d to sell the la d . The la d as o ed e e s of the Angumthia Clan a d had ee a ui ed th ough e e ship and patrilineal descendency . Their rights to the land are not contested.
Mr. Alex Ben, Mr. Nawai Isaiah, Mr. Jemecks Heslon, Mr. Bingano Philimon, Mr. Owen Kusa and Mr. Jerry Kusa a e a ed i the “ hedule of O e s, “tatus a d ‘ights to the La d se tio of the La d Investigation Report as Age ts possessi g full ights as the la d o e s and are nominated by the landowners to be their representatives and agents for the purpose of executing a transfer to the Provincial Administrator. They are authorised to have complete right to transfer/lease to the Administration and to execute any documents and to accept payment in connection with such lease/transfer on behalf of the owners to the rights in that land and any improvements thereon .
The extent of the site was determined by the customary owners and the owners of adjoining land in the company of the Surveyor prior to survey and is quantified at 0.76 hectares by him. The boundaries are clearly marked and are consistent with the decision of the local landowners. The owners of contiguous land have also declared that they have no interest in or rights by native custom to the surveyed land.
The site was selected by the customary owners because it is central to the surrounding villages of Kwatongoia, Keango, Papatia and other isolated villages further to the south and to the east whose villagers have limited access to other health services and because of its proximity to the road leading to Bulolo and Lae.
The unimproved value of the land provided for the Community Health Post was assessed by the Valuer-General to be K27,000.00 with a further K22,400.00 for capital improvements and K2,400.00 for planted improvements on the site.
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The Certificate of Alienability No. 5/3/2016 was issued by the Secretary of the Department of Provincial and Local Government Affairs on 26th February, 2016.
Payment of K52,000.00 was made to the authorised agents by the Hon. Benjamin Phillips, Member for Menyamya on behalf of the State in Yamaya Village on 7th October, 2016. The Deed of Release and the Sale and Transfer documents were signed by the Agents in the presence of an estimated 200 other people and a Customary Lands Officer of DL & PP.
The process of obtaining the Title on behalf of the State is now complete and tenders have been invited for construction of the proposed Community Health Post.
Image 1: Member for Menyamya exchanging land compensation with Yamaya Landowners
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A. PROJECT AND COMMUNITY HEALTH POST DESCRIPTION
Background
1. The Rural Primary Health Service Delivery Project will strengthen the rural health system in PNG by increasing the coverage and quality of primary health care in partnership with State and non-state service providers by supporting the Government of PNG to implement the National Health Plan 2011- 2020 as it relates to rural health. The Project operates in two districts in each of the following eight Provinces nominated by the Government of PNG: Eastern Highlands, East Sepik, Enga, Milne Bay, Western Highlands, West New Britain, Morobe and the Autonomous Region of Bougainville.
2. The Project will make health service improvements on both the supply and demand sides and strengthen the policy and legal framework for health services at all levels. The Project has six (6) clearly articulated outputs:
Output 1 – National policies and standards: assisting the National Department of Health in developing policies, standards, and strategies for new Community Health Posts and human resource strengthening of the rural health sector. This will result in the development of Provincial health service development plans and improvements in the National Health Information System.
Output 2 – Sustainable partnerships between provincial governments and non-state actors: Partnership Committees have been established to improve coordination and efficiency among providers, (churches and NGOs) and to increase consistency and accountability. Partnership arrangements have been formalized through Memoranda of Agreement with most non-state health service providers.
Output 3 – Human resource development in the health sector. The Project will increase the skills of health personnel in rural communities, focusing on the existing workforce. It will help provinces to address staff performance and retention issues.
Output 4 – Community health facility upgrading: The Project will build thirty-two (32) new Community Health Posts, with ninety-six (96) staff houses as well as providing medical equipment and small vehicles (cars, boats, or motorbikes). It will also install or upgrade sanitation facilities, provide waste management facilities, and establish renewable energy supplies for selected health facilities.
3. The Community Health Post is deemed a Level 2 Health Facility under the PNG National Health “e i e “ta da ds, s ‘ole Deli eatio Mat i a d is e ui ed to p o ide ate al a d hild primary health clinics. Provision is also made for birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage, stabilisation and referral to higher level facilities of iti all ill lie ts. A odest P o edu e ‘oo is p o ided to allo e e ge a e of t au a o serious medical conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The CHP at Yamaya will be provided with three ante/postnatal beds and three general beds for other patients requiring admission. It is expected to provide outpatient services for up to forty persons per day.
Output 5 – Health promotion in local communities: The Project will support village health olu tee s a d i ease o e s i ol e e t a d o u it engagement in delivering health se i es ased o the Health Isla ds f a e o k.
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Output 6 - Project monitoring, evaluation and management: The Project has established a Project Support Unit (PSU) as part of the National Department of Health, which will be used by the National Department of Health as part of its health system strengthening activities.
4. Morobe s Provincial Health Adviser has selected Yamaya in Menyamya District as one of the villages in which to construct a new Community Health Post under Output 4 of the Project.
5. Sites selected by the Provinces, are required to satisfy the following criteria:
(i) The site is located in a participating Province and participating District and is in a predominantly rural area;
(ii) The proposed works have been identified and designed by the relevant implementing agency in a participatory manner with input from the community;
(iii) Community consultation for selection of the site has been conducted;
(iv) The proposed works are integrated into a comprehensive Provincial health plan;
(v) The proposed facility has available sufficient budget for recurrent costs in the health functional grant;
(vi) The proposed facility has sufficient human resources allocated and supervision capacity;
(vii) Institutional and financial arrangements for construction, operation and maintenance of the facility and access to the facility have been agreed upon by the Partnership Committee/Provincial Health Authority Board or Provincial Administration;
(viii) The proposed works comply with all requirements of relevant National laws and regulations and ADB's Safeguard Policy Statement (2009), the Environment Management Plan, Environment Assessment and Review Framework, and Land Assessment Framework;
(ix) the Independent State of Papua New Guinea through the Morobe Provincial Administration has clear and unencumbered access to the associated land portion on which the Community Health Post is to be located, without claims of third parties, and the Province has supplied adequate written confirmation of the same from the relevant authorities and community participants, as applicable, including relevant Clan Land Use Agreement, Certificate of Alienability, Sale and Transfer of Land Deed and Deed of Release documentation; and
(x) access to and from the site for vehicles or other means of transport is in place.
6. Within each participating Province, the Districts to participate in the Project were required to satisfy the following criteria:
(i) The District is selected with a view to maximizing the delivery of health services for rural populations that are most underserved at the outset of the Project such as the percentage of the population accessible to health facilities within 2 hours traveling time.
(ii) The District is selected with due consideration for the ability to absorb and utilise the proposed investment of resources, taking into account levels of security, law and order, governance, and administrative capacity.
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7. Each of the sites chosen for the construction of a new Community Health Post usually requires less than one hectare of land to accommodate the health facility and three staff houses. In the case of the Yamaya site 0.76 hectares was provided and is regarded as a g ee field site despite the presence of an existing dilapidated aid post built of bush materials by the people of Yamaya village.
8. The P oje t s i pa t is li ited to o pe sa le loss of la d use, a e isti g st u tu es o the site and, where applicable, crops and trees. The landowners and local communities are expected to benefit from improved access to health services and short-term employment opportunities from infrastructure construction and maintenance. The acquisition of small plots of land for the Community Health Posts is based o the la s, egulatio s, a d poli ies of the Go e e t of PNG a d the ADB s Safeguard Policy Statement (2009). The Project will not finance Community Health Post construction that involves compulsory land acquisition and/or involuntary resettlement impacts. In all cases the Project is building on State land or church leased where there has been a previous aid post.
Morobe Province – Geography, Population Distribution & Access to Services
9. The following maps of Morobe P o i e a e de i ed f o the PNG ‘u al De elop e t Ha d ook of de eloped LW Ha se , BJ Alle , ‘M Bou ke a d TJ M Ca th a d pu lished the Land Management Group, Department of Human Geography of the Australian National University. The depiction of occupied and unoccupied lands for Morobe Province remains accurate and clearly indicates the concentration of the population in the arable valleys of the Province. Population density in those areas has increased by approximately 9% since the 2000 Census upon which these depictions relied. Access to services for residents of some areas has improved with better and more roads being provided in some areas. Real income levels have not improved significantly since the time of publication.
10. Morobe Province occupies 33,525 square kilometres in the central north of PNG. It extends from the Owen Stanley Range northeast across two major fault valleys to the coastal ranges (which reach an altitude of 4000m) and offshore islands. Morobe is now the largest of the PNG Provinces with a population of 674,810 (9% of PNG). The southwest of the Province includes the Menyamya District and the Ekuti Range on the southern side of the main mountain divide of PNG. The District includes the headwaters of the Tauri River which flows south to the Gulf of Papua, and the Watut River, which flows north to the Bismarck Sea. Average annual rainfall in the Menyamya area ranges between 2000 and 2800 mm, with a moderate dry season. However, the Aseki area, where Yamaya is situated has very high rainfall (4000-5000mm per year) with no clear seasonality. Rainfall of this consistency compromises soil fertility and sunshine contributing to low agricultural productivity
11. Altitude in the District of Menyamya ranges from 600 metres in the Banir Valley to over 3200 metres on Marble Peak. Most people of the District live and pursue agriculture between altitudes of 600 and 2000 metres.
12. The geographic features of the Yamaya area consist of a series of high mountain ridges, intersected by steep gorges and rushing mountain streams. There is little flat land for building, and people live along the valley floors but often have secondary houses up the mountainside near their many gardens and they divide their time between these dwellings.
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Image 2: Occupied/Unoccupied Land in Morobe Province – 2015
YAMAYA
13. Menyamya District had a population of 87,209 at the time of the 2011 National Census, while Kapao Rural Local Level Government (LLG) area where Yamaya is situated had 4396 households with 20,874 persons. The District is relatively disadvantaged in comparison to most other Districts in PNG and the area north of Menyamya has significant out-migration: the population of that area actually decreased between 1980 and 2000.
14. The following image depicts the areas of greatest population density in Morobe Province and that the population density in the Yamaya a ea is ode ate ith up to pe so s/s ua e kilo et e.
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Image 3: Population Density in Morobe Province, PNG
YAMAYA
15. Yamaya Village is located about twenty (20) kilometres walking distance directly south east of Aseki Station beyond two mountain ranges but is around 45 kilometres distant by road. When the weather is fine and the road is trafficable it can take up to 90 minutes to travel to the Health Centre at Aseki and up to eight hours to the Menyamya District Hospital or the Bulolo District Hospital. Most evacuations/transfers are to Bulolo since the Menyamya District Hospital is run down and ill equipped. The following image depicts the level of access to major centres and services for the people of Morobe Province. The people of Yamaya area are considered to be within 4-8 hours of Bulolo, their nearest major service centre.
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Image 4: Accessibility of Services for the people of Morobe Province
YAMAYA
B. YAMAYA COMMUNITY HEALTH POST SITE: DESCRIPTION AND AREA
16. Mo o e s Provincial Health Adviser has selected Yamaya in Menyamya District as one of the villages in which to construct a new Community Health Post under Output 4 of the Project.
17. The proposed site for the CHP is known locally as Pai ata i and registered as Portion 44C Milinch of Menyamya, Fourmil of Wau, Menyamya District, Morobe Province. It consists of 0.76 hectares and is naturally terraced on three separate levels, is cleared, slightly sloping and well drained clay and loam. The amount of preliminary earthworks required for construction will not be extensive.
18. The immediate catchment population for the proposed Yamaya Community Health Post is 2521 persons. Demand for maternal and child health services to be offered by the Community Health Post will be derived from the 368 children less than 5 years of age and 542 women of child bearing age living in the area as identified through the 2011 Census. However, it is also anticipated that those living
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in other villages served only by dilapidated aid posts will also access the new Yamaya Community Health Post and that the true catchment population will be closer to 7000 people once the facility is constructed and commissioned.
19. The site was selected by the customary owners because it is adjacent to the Yamaya/Kapu access road and is central to the surrounding villages of Kwatongoia, Keango, Papatia and other isolated villages further to the south and to the east whose villagers have limited access to other health services. The site is also close to the road leading to Bulolo and Lae.
C. SCOPE OF LAND USE/PURCHASE
20. The land was owned by members of the Angumthia Clan and had been acquired by Clan members th ough e e ship a d pat ili eal des e de . Thei ights to the la d a e ot contested.
21. The Clan members consented to sell Portion 44C of their land to the State through a Memorandum of Agreement entered on 2nd September, 2014 and then confirmed through the Land Investigation Report dated 2nd Ju e, . The La d I estigatio ‘epo t also i di ates that the e is sufficient land available and thus the owners ca affo d to sell the la d .
22. The extent of the site was determined by the customary owners and the owners of adjoining land in the company of the Surveyor prior to survey on 2nd September, 2014 and is quantified at 0.76 hectares by him. The boundaries are clearly marked and are consistent with the decision of the local landowners. The owners of contiguous land have also declared that they have no interest in or rights by native custom to Portion 44C.
23. There are sixty-four (64) members of the clan owning the CHP site. The current main use of the site is for the aid post, and as a flat communal area for community activities. The landowners say that the proposed site for the CHP is already considered public land, used for village events or as a playground, and not important for their livelihoods as they have sufficient land elsewhere.
24. Mr. Alex Ben, Mr. Nawai Isaiah, Mr. Jemecks Heslon, Mr. Bingano Philimon, Mr. Owen Kusa and Mr. Jerry Kusa are named in the “ hedule of O e s, “tatus a d ‘ights to the La d se tio of the La d I estigatio ‘epo t as Age ts possessi g full ights as the la d o e s a d a e o i ated the landowners to be their representatives and agents for the purpose of executing a transfer to the P o i ial Ad i ist ato . The a e autho ised to ha e o plete ight to t a sfe /lease to the Administration and to execute any documents and to accept payment in connection with such lease/transfer on behalf of the owners to the rights i that la d a d a i p o e e ts the eo .
25. The unimproved value of the land provided for the Community Health Post was assessed by the Valuer-General to be K27,000.00 with a further K22,400.00 for capital improvements and K2,400.00 for planted improvements on the site.
26. The Certificate of Alienability No. 5/3/2016 was issued by the Secretary of the Department of Provincial and Local Government Affairs on 26th February, 2016.
27. Payment of K52,000.00 was made to the authorised agents by the Hon. Benjamin Phillips, Member for Menyamya on behalf of the State in Yamaya Village on 7th October, 2016. The Deed of
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Release and the Sale and Transfer documents were signed by the Agents in the presence of an estimated 200 other people and a Customary Lands Officer of DL & PP.
28. In other respects, Po tio C eets the P oje t s eligibility criteria in that:
The land is in Menyamya District of the Province The Provincial Health Adviser of Morobe Province has endorsed the concept plan, the site plan and the final design of the Community Health Post after consulting with the local communities that it will serve. Landowners of the area have been consulted extensively about their healthcare needs and voluntarily offered land for the project in order to secure a Community Health Post within their village. The P o i e s “t ategi Health “e i e De elop e t Pla , 5 -2020 e o e ds construction of a Level 2 Community Health Post in the area to serve the health needs of the 2521 people living in the immediate area. That Plan has been endorsed by the Provincial Administration. The Provincial Administrator has entered a Memorandum of Agreement with the Secretary for Health confirming the availability of recurrent budget for operation of the facility The Provincial Health Adviser has nominated the three staff members to be assigned to the facility and those staff have undergone extensive upskilling in maternal and child health service provision. The nominated Officer in Charge has completed the Rural Health Facility Management Course delivered by Divine Word University. The Community Health Post design has been certified by the Manager, Health Facilities Branch as consistent with the National Health Service Standards, 2011 The Environmental Management Plan was endorsed by the relevant officers of the Asian Development Bank on 8th March, 2016.
29. The process of obtaining the Title on behalf of the State is now complete and tenders have been invited for construction of the proposed Community Health Post.
30. Officers of the Provincial Health Office and the Rural Primary Health Service Delivery Project have followed both Government of PNG and standard ADB safeguards processes including extensive consultation with the local community, use of applicable National land laws and regulations, and due diligence to ensure that local people would not experience significant adverse impacts by relinquishing this land.
D. SOCIOECONOMIC INFORMATION
31. Kapao LLG has a largely subsistence economy, supplemented by small amounts of cash derived from cropping and production of coffee beans. Farmers say that they usually have 2-3 gardens, and use land for five years before leaving it fallow for 20 years, and moving on to newly cleared land. Usually banana, taro and kaukau are planted first, followed by beans, corn, kumu, and sugar cane. After men have cleared the forest, women do most of the gardening and harvesting.
32. There are only small areas of land in the Menyamya District which are considered to have high potential and most of the arable land is already under strong or very strong agricultural pressure. Continuing population growth since 2001 has further increased the pressure with fallow periods necessarily reducing.
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33. The following image 5 shows that the land in the Yamaya area is of low potential due mainly to its mountainous terrain and very high rainfall.
Image 5: Map of Morobe Province depicting areas of Agricultural Pressure
YAMAYA
34. In this society hunting used to have great ritual significance: only men hunted large species of animals. Diets in Yamaya are still supplemented by hunting for wild game in nearby forests, including birds, wild pig, cuscus (kapul) cassowary (muruk), wallaby and tree kangaroos. Traps, nets, spears, bows and arrows and dogs are used in hunting, which takes place once or twice a month. The rivers are fished for eels (wepa), tilapia, koi carp, small native freshwater fish (yavava), and tadpoles.
35. The Land Investigation Report records that the former customary owners of the land provided for the Community Health Post at Yamaya own sufficient land and that the provision of the land will
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not be detrimental to the interest of the customary owners or of their descendants either now or in the foreseeable future. Apart from minor disturbances to the environment during construction of the Community Health Post, there are unlikely to be any adverse socio-economic impacts on the local landowners and they will benefit from the land payments made for the purchase of clan land.
36. Most crops are for home consumption, but small surpluses are sold in the village or along the road. A few people have quite large coffee farms of 4-5 hectares, with up to 1,500 trees, but many cannot afford the high road transport costs of moving their harvest to Lae for marketing.
Image 6: Average Annual Cash Income per capita for people living in Morobe Province
YAMAYA
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E. INFORMATION DISCLOSURE, CONSULTATIONS, AND PARTICIPATION
37. There have been extensive and on-going consultations and meetings between the Officers of the Morobe Provincial Health Office, the District Administration and the community at Yamaya regarding the proposed new Community Health Post. The main consultations are outlined below:
The initial community consultation and awareness in the Yamaya area was undertaken by the District Health Manager and the RPHSDP Mentor in September, 2013. The land screening and assessment process included a review of the participatory community consultation report completed by the RPHSDP Health Promotion and provincial team following their visit in November 2013. Community participants for this process came mainly from Wards 7, 8, and 9 as the other wards are distant and the rivers were flooded at that time. A further field visit to the proposed site was made on 1st September 2014 by the District Health Manager, Provincial Safeguards Officer, Land Valuer from DL&PP, the Regional Lands Officer, DL&PP) and the RPHSDP Social Safeguards Consultant in order to assess the site for both potential social and environmental impacts, to meet with landowners and sign an Memorandum of Agreement (Voluntary Land Use Agreement) for use of the land by the State and to disclose to the community other matters such as the Grievance Redress Mechanism. Interviews were held with ward councillors, the o u it health o ke , tea he s, o e s groups, and community leaders, and consultations with affected persons, to fully inform them of their entitlements and ensure that they understood the project, its impacts, and the responsibilities of parties concerned. The proposed boundaries of the land were identified with the customary owners. On 3rd September 2014 there was a further visit by surveyors from No. 1 Surveyors. Land boundaries were confirmed and agreed by the landowners and surveyors. A land survey was completed and subsequently lodged with the Surveyor General (to determine boundaries, location, size and topography of land to be purchased), and an official DL&PP Land Investigation Report was completed by the Regional Lands Officer, together with a valuation. The Land Investigation Report confirmed that landowners and users will not experience any adverse impacts from relinquishing land for the CHP. Land title documents were then prepared by the DL&PP, including the Certificate of Alienability to enable the land to be transferred to State ownership.
38. Communities and affected people visited by the Project staff were encouraged to discuss any issues of concern to them. Often questions were asked about how the construction would be tendered and whether local firms were eligible to bid. All staff working on the various components have stressed that the tender and contracting process will be conducted in an open and transparent way, so that all eligible firms can bid for the work, if they qualify according to the tender criteria.
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Image 7: District Health Manager addressing a community meeting at Yamaya – September, 2013
F. GRIEVANCE REDRESS MECHANISM (GRM)
39. The Project will establish a GRM, which will be accessible (considering literacy levels), predictable (known procedures, within a set timeframe), and transparent. The Provincial Safeguards Officer (PSO), Mr. Gina Zambuna will be the grievance redress focal point to address Project related concerns that may arise during implementation. Through public meetings, communities and affected people have been informed by the Rural Primary Health Service Delivery Project that they have a right to grievance resolution, and are told how they can have access to the GRM. Complaints and grievance procedures will be based on those outlined in the Land Assessment Framework. These will be adapted slightly to ensure communities are easily able to register any complaints at the local level, and that there is a publicly acceptable forum to deal with them. A Grievance Registration book will be established to be held and administered by the local Health Facility Management Committee which has been formed. Anyone can approach this Committee to lodge a complaint or grievance. After the tender is awarded and before constructio sta ts the ‘u al P i a Health “e i e Deli e P oje t s health promotion and gender team will visit communities to conduct HIV/AIDS awareness training for community members and contracting staff. During this, the Grievance Registrar will be identified and trained as part of the Health Committee.
40. The Grievance Registration book will record who is making the complaint, the substance of the complaint, to whom it has been referred for action, and the date. Grievance procedures may address benefits, contractor compliance, social and environmental concerns and other issues, apart from disputes relating to legally contestable land ownership rights. These will be referred to the District or Provincial Land Officers, who will institute a process to resolve land disputes and grievances based on accepted procedures of mediation. As required, the participation of appointed and traditional leaders will be facilitated to achieve a satisfactory resolution of any land issues at the local level. Every attempt will be made to ensure that women as affected persons, irrespective of traditional constraints, are included in the mediation processes. Any disputes arising over alienated land or
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compensation will follow procedures set out in the Land Disputes Settlement Act 2000, (explained in Section G, paragraph 35), and if mediation fails, will be referred to an appropriate court of law.
41. The Grievance Registrar in the village will, in the first instance, contact the Provincial Safeguards Officer, whose key function in relation to the GRM is (i) to record, categorize and prioritize the grievances and inform the Project Support Unit; (ii) in consultation with the Project Coordinating Committee and complainant, settle the grievances; (iii) to inform the aggrieved parties about the solution or, if a solution is not found (iv) to forward unresolved cases to the Rural Primary Health “e i e Deli e P oje t s P oje t Ma age o to highe autho ities.
42. The Grievance Registrar will forward any complaint to the Provincial Safeguards Officer within five days of receiving it. The Provincial Safeguards Officer will discuss with the Project Coordinating Committee members and endeavour to find a solution within two weeks of receiving the complaint. For unresolved complaints, the Project Manager will consider the complaint and within one month will convey a decision to the Affected Persons. The Project Support Unit staff, along with local health officials, will assist the Project Manager in reviewing and addressing the complaint. If the Affected Pe so s a e ot satisfied ith the P oje t “uppo t U it s de isio , the a the take the g ie a e to the PNG judicial system.
G. APPLICABLE POLICIES AND LAWS
43. The PNG Constitution adopts customary law as part of the underlying law of the country and recognizes the property rights attached to customary land. According to the 2000 Underlying Act, customary law comprises the rules, rights and obligations pertaining to an individual or group by custom and tradition. Customary law applies and the courts recognize it where it is not inconsistent with written law. The Constitution also guarantees the right of the citizens to protection from unjust deprivation of property. No land or interest in land may be acquired compulsorily by the Government, except as it is required for public purposes or other justifiable reasons. In the event of expropriation of land, just compensation must be made, by the expropriating authority.
44. While the Constitution does allow for compulsory acquisition for building infrastructure for health, the Rural Primary Health Service Delivery Project has stipulated that no land will be acquired ithout the la do e s full ag ee e t. Mo eo e , this ag ee e t ust e se u ed th ough a transparent process following the FPIC principles (free, prior and informed consent). To ensure that these principles are adhered to, the Project Safeguards staff have made joint field visits with the Department of Lands and Physical Planning staff to the proposed CHP sites. The Government has recently introduced a new policy requiring that all land for building new state infrastructure should be bought outright, rather than, as in the past, being built on gifted customary land, or through leasing land from landowners.
45. The Land Act (1996) deals with ownership and use rights of customary land.1 It also sets out the procedures for the government to acquire customary land required for public purposes. The key
1 The customary land includes land owned, used or occupied by a person or community in accordance with current customary usage. Access to land and resources is embedded in social relationships and expressed as customary land rights to utilize resources. Small clan-based groups live in the villages, managing their own resources, and exercising the right to utilize them. These groups (matrilineal or patrilineal clans which are composed of sub-clans, lineage groups, and at the lowest level extended households) are typically made up of “primary rights holders” – the recognized traditional leaders of the group – who collectively have the authority to allocate secondary use rights through their spokesperson(s). Different cultures have different ways of allocating land between primary and secondary rights holders.
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provisions of the Act are (i) the government may acquire land, including improvements on land; (ii) usually the Government negotiates agreements with the customary landowners for purchase of required land, but it can also compulsorily acquire the land; and (iii) the acquisition process involves several steps, including initial investigation, land survey, land investigation report (including genealogies of owner groups), determination of compensation value of land and any improvements, payment of compensation, registration of land for state ownership and transfer of title.
46. This process is being followed by the Rural Primary Health Service Delivery Project, working closely with the Department of Lands and Physical Planning, whose Officers are required to do the initial investigation including documenting genealogies of clans, valuing the land and its assets, registering the surveys and providing file numbers. Once this is done and approved, the file is sent to the Department of Provincial and Local Government so that a Certificate of Alienability can be issued for the title to be registerable as State land which is formalised through payment by the State in a o da e ith the Value Ge e al s Valuatio Ce tifi ate. At the same time as the Government land acquisition process is proceeding, the Project is preparing standard safeguard documents for ADB approval.
47. The Land Disputes Settlement Act (2000) sets out the procedures for resolution of disputes involving customary land. The Act provides for a land disputes committee at provincial level and land courts at local, district and provincial levels. The committee can appoint land mediators. The Act promotes resolution of disputes through mediation based on the principles of traditional dispute settlement. If mediation fails, it is followed by appeal to the courts. The registration of customary landowners as an Incorporated Land Group (ILG) has been used a lot in private sector projects in PNG. While it is not a mandatory requirement for acquisition of land in case of public sector projects, registration of ILGs may be helpful in dispute resolution and negotiation with landowners. On the other hand, ILGs in the past have often been fraudulently used for the interests of a small group, rather than the whole clan. The Rural Primary Health Service Delivery Project will not insist on registration of landowners into an ILG, unless there is a specific reason why it may be necessary to secure land.
48. The Fairness of Transaction Act of 1993 relates to the effect of certain transactions, to ensure that they operate fairly without causing undue harm to, or imposing too great a burden on, any person, and in such a way that no person suffers unduly because he is economically weaker than, or is otherwise disadvantaged in relation to, another person. The purposes of this Act are to (a) ensure the overall fairness of any transaction which (i) is entered into between parties in circumstances where one party is for reasons of economic or other advantage predominant and the other is not able to exercise a free choice; or (ii) for one reason or another, without attaching any evil design or bad faith, appears to be manifestly unfair or not to be genuinely mutual; and (b) allow for the re-opening and review of any transaction irrespective of fault and validity, enforceability or effect of any agreement; and (c) ensure the fair distribution and adjustment of rights, benefits, duties, advantages and disadvantages arising out of a transaction. Transaction means any contract, promise, agreement, dealing or undertaking of an economic or commercial nature whether supported by consideration or not entered into between parties, and includes (a) an informal, complete or incomplete transaction; and (b) a transaction governed by customary law.
49. Land Group Incorporation (Amendment) Act (2009) and Land Registration (Amendment) Act (2009). These Acts were brought into effect in 2011, following recommendations from the National Land Development Taskforce. The Acts recognize the corporate nature of customary groups and allow them to hold, manage and deal with land in their customary names, and for related purposes. These also facilitate the volu ta egist atio of usto a la d, to e k o as egiste ed la la d , a d makes that land available for development through the use of Incorporated Land Groups (ILGs). These laws encourage (a) greater participation by local people in the national economy by the use of the
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land; (b) better use of such land; (c) greater certainty of title; (d) better and more effectual settlement of certain disputes; (e) legal recognition of the corporate status of certain customary and similar groups, and (f) conferring on them, as corporations, of power to acquire, hold, dispose of and manage land, and of ancillary powers; and (g) encouragement of the self-resolution of disputes within such groups.
50. As noted above, the Rural Primary Health Service Delivery Project does not require landowners to register as an ILG, but may negotiate with these groups, where they exist, or encourage groups to register if they want to further develop their land in future.
H. AGREEMENTS ON LAND USE
The series of consultations, which were held with landowners and affected people regarding the land at Yamaya has been described in Section E. The teams visiting emphasized the benefits the community would gain by having a fully functioning Level 2 health service in the area, in return for providing land to the State. Environmental and social impacts were discussed, and the measures to control these were explained.
51. The process to acquire the land followed that laid out in the Land Assessment Framework which consists of the following steps for land purchase through negotiated agreement2:
National Department of Health/Project Support Unit requested the Department of Lands and Physical Planning to issue an official land file number for the site to be purchased The Provincial Health Adviser/Project Support Unit requested the Provincial Surveyor to undertake or arrange both cadastral and topographic surveys to identify the boundaries, location, size and area of the land to be purchased in consultation with customary landowners. The cadastral survey was then lodged with the Office of the Surveyor-General for registration and the topographic survey was provided to the Project Support Unit to allow preparation of site plans and structural design. Once the surveys were lodged the Provincial Health Adviser and the Project Support Unit requested the Valuer-Ge e al s Offi e to se d a egiste ed Value to value the land and any improvements (garden crops, food trees, timber trees, structures). His/her report was sent directly to the Office of the Valuer-General. The Provincial Health Adviser and Project Support Unit then requested the District Lands Officer to prepare a Lands Investigation Report including ownership genealogy, rights and interest held in the land, and, estimated value of improvements to land in consultation with the landowners, the Valuer-General and other relevant government offices. The Land Investigation Report was then endorsed by the Provincial Administrator and forwarded to the Department of Lands and Physical Planning to progress the process to obtain a Certificate of Alienability as a prerequisite for purchase by the State. The Department of Lands and Physical Planning prepared a comprehensive file consisting of the Land Investigation Report, Valuation and Cadastral Survey and forwarded it to the Secretary, Department for Provincial and Local Level Government Affairs (DPLGA) who issued a Certificate of Alienability confirming that there was no impediment to acquisition by the State. The Certificate of Alienability was issued on 26th February, 2016 and returned to the Department of Lands and Physical Planning to prepare the purchase do u e ts i ludi g the Deed of ‘elease to be signed, upon receipt of the purchase funds, by the customary landowners. The sum of K52,000.00 was released to the customary landowners on 7th October, 2016.
2 Land Assessment Framework (Revised), 11 September 2013, PNG: Rural Primary Health Services Project, prepared by the National Development of Health, GoPNG, p.11 20
The land was deemed formally purchased on 29th October, 2016 after the expiration of the required da s oti e as pu lished i the Go e e t Gazette a d e ui ed la .
The project at Yamaya includes construction of the standard six-bed design for a Community Health Post and will include provision of equipment, drugs, and allocation of three (3) staff. The Province has committed to providing the required staff and the Project has ensured that they received the relevant training to ensure that the facility operates at the required standards for Level 2 health facilities in PNG. A plan of the proposed CHP is attached.
Following completion, the land acquisition process has been reviewed and verified by an independent third party consultant contracted by the Project Support Unit for this purpose. She has provided verification that (i) the local community and landowners support the Community Health Post construction and have agreed to provide their land; (ii) consultations and negotiations with landowners have been undertaken meaningfully, freely and in good faith and the landowners have made informed decisions on use of the land, and (iii) terms and conditions of the agreements have been explained to and understood and agreed by the landowners. A copy of the verification report is appended.
I. COMPENSATION AND BENEFITS
46. The Yamaya landowning clan agreed to permanent use of the land through negotiated purchase following the Land Act and Land Assessment Framework. Once the Government of PNG land acquisition process had been completed and the title transferred to the State the landowners received compensation from the State for the value of the land.
47. Affected persons at Yamaya will benefit from the cash payment for land and by having access to some short-term employment opportunities (mainly unskilled work) as a result of the project during the construction phase. The requirement to hire local labour, where possible, will be part of the o t a to s o t a tual o ligatio s. While su h e plo e t oppo tu ities o thei o do ot ensure sustainable livelihoods, being paid at least the minimum wage, and enjoying working conditions as per ILO Core Labour Standards (a recognized requirement for ADB financing of the Project), the Project Support Unit is confident that affected persons will be better off financially as a result of the project, and certainly better off in terms of access to health services.
48. The Rural Primary Health Services Delivery Project recognizes that gender considerations apply to all public infrastructure projects. In conducting this due diligence exercise, women who will be affected by this project have been consulted, both in mixed groups with men and exclusive groups of women. Measures proposed to ensure gender equitable practices and outcomes include:
Iterative consultations with women throughout all stages of the project cycle when preparing for and constructing the CHP That women clan members be recorded in the Land Investigation Report and valuation processes conducted by the Valuer-Ge e al s Offi e a d i luded i a su se ue t e efits Women being informed about how they can lodge grievances with the Project (and ultimately ADB) if they are dissatisfied with any aspects of the Project Ensuring that women affected persons are offered priority waged employment during construction, and are afforded equal pay and opportunities Addressing concerns women affected persons might have with safety and security issues, in contexts where they have to relocate their gardening activities Ensuring that all socio-economic data collected for the project is gender disaggregated in order to analyse the differential impacts at intra-household, intra-inter clan, and community
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level. Social risks associated with HIV/AIDS and other STIs will be mitigated to a large extent by employing as many local people on construction activities as possible and by awareness and prevention programmes designed to empower women and inform both women and men of the risks. All contracted staff will undertake a Rural Primary Health Service Delivery Project course designed for the purpose.
J. BUDGET AND SOURCES OF FUNDS
49. The Government of PNG has declared its intention to increase the proportion of land owned the “tate th ough its Visio pla a d has provided funds to pay for the land needed for public service infrastructure. In the case of the Yamaya Community Health Post project the State has paid K52,000.00 for the land through the District Services Improvement Program (DSIP) grant of the Hon. Benjamin Phillip, Member for Menyamya District.
Item Costs (Kina) Value of land to be acquired 27000.00 Value of Existing Buildings 22400.00 Value of planted improvements 2400.00 FINAL VALUATION 51,800.00 K. INSTITUTIONAL ARRANGEMENTS
50. The National Department of Health is the Executing Agency for this Project and the participating Provinces are the Implementing Agencies. The day-to-day implementation activities related to land acquisition are undertaken by the Province with support from the Project Support Unit of the Rural Primary Health Service Delivery Project. These activities include:
Collaboration with and assistance to the Provincial/District Land Officer at the Community Health Post site to undertake their work and comply with Government p o edu es, the P oje t s poli ies a d ADB e ui e e ts
Provision of resources to allow Provincial staff to accompany Project Support Unit (PSU) safeguards staff to sites
Collaboration with and assistance to the Provincial/District Land Officer, Provincial Safeguards Officer, and PSU Safeguards consultants in consulting and negotiating agreements with affected landowners and users
Facilitation of consultations with Ward Development Committees and affected communities and ensuring that all stakeholders are informed about the Project, its policies and procedures
Ensuring the requirements concerning public disclosure of the provisions for land acquisition and compensation are followed
Informing communities about the grievance redress mechanism, and overseeing and monitoring the process
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Signing a Memorandum of Agreement with the National Department of Health agreeing to manage, operate, support, staff, and provide budgets and supplies for the new facility.
Ensuring that cadastral land surveys and Land Investigations Reports are completed and registered with the Surveyor-General and Department of Lands and Physical Planning in a timely manner.
51. Provincial Safeguards Officers, and other Government staff who are involved in implementing the Proje t s la d poli ies ha e ee p o ided ith t ai i g i the ADB s so ial safegua d poli ies and procedures
52. The Provincial Safeguards Officer is also responsible for monitoring of land acquisition activities, and will be the focal point for the Grievance Redress Mechanism. He is assisted and suppo ted the P oje t “uppo t U it s “afegua ds “pe ialists.
L. IMPLEMENTATION SCHEDULE
53. The implementation schedule for land access and facility design processes at Yamaya was as follows:
LAND ACCESS/ACQUISITION DATE
Community Consultation/Community Health Post and GRM September, 2014 advocacy completed Cadastral and Topographic Surveys undertaken with September, 2014 Landowner participation and endorsement Land Portion Number issued by Department of Lands & 16th January, 2015 Physical Planning Land Investigation Report and Valuation completed and 15th July, 2015 Lodged Certificate of Alienability issued 26th February, 2016
Land Payment settled 7th October, 2016
Deed of Release received 7th October, 2016
M. MONITORING AND REPORTING:
54. The ‘u al P i a Health “e i e Deli e P oje t s “afegua ds staff ill su it all La d Screening, Environmental Management Plans and Due Diligence reports to ADB detailing the land acquisition processes. The Provincial Safeguards Officer will be responsible for on-going monitoring of the land activities, supported by Project Support Unit staff, including assisting in the monitoring of contractor compliance with the Environmental Management Plan. The Project Support Unit will prepare semi-annual progress reports for ADB as part of project performance monitoring. An external consultant has been appointed to undertake third-party monitoring and verification of the land acquisition processes.
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ANNEXURES (Available Upon Request)
Annex One: Report of Land Consultations
Annex Two: Report of Community Consultations/Health Needs Analyses
Annex Three: Registered Cadastral Land survey of site dated 26/02/2016 (Map)
Annex Four: Land Investigation Report dated 2/09/2015
Annex Five: Valuation by the Office of the Valuer-General dated 3/02/2015
Annex Six: Certificate of Alienability dated 26/02/2016
Annex Seven: Environmental Management Plan
Annex Eight: Sale & Transfer of Land
Annex Nine: Deed of Release
Annex Ten: Approved Layout Plan for Community Health Post
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ANNEXURES (Available Upon Request)