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Due Diligence Report Project Number: 41509-013 January 2017 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 AKONGA CHP SITE West New Britain Province January, 2017 1 INDEX Executive Summary Project and Community Health Post Description Akonga 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: Reports of Community Consultations Annex Two: Signed Customary Land Transfer Agreement Annex Three: Land survey of site Annex Four: Land Investigation Report Annex Five: Valuation Report Annex Six: Certificate of Alienability Annex Seven: Sale & Transfer of Land, Deed of Release and Cheque payment Annex Eight: Approved Layout Plan for Community Health Post Annex Nine: Third Party Verification of Land Acquisition Process The image on the cover of this Report depicts the partially cleared area upon which the proposed Akonga Community Health Post will be constructed. 2 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 those health facilities. The Community Health Post is deemed a Level 2 Health Facility under the PNG National Health Service Standards, 2011 and is required primarily to provide maternal and child primary health services to remote rural populations. Provision is also made for supervised 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 liets. A odest Poedue ‘oo is poided to allo eegey ae of trauma or serious medical conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. Government of PNG policy requires that new State owned infrastructure should only be developed upon State owned land and this has necessitated negotiated acquisition of Customary land in remote rural areas where most of the proposed Community Health Posts are to be constructed. The West New Britain Provincial Health Authority prioritised Akonga Village as one of the localities in which to construct a new Community Health Post under Output 4 of the Project. The nominated construction site at Akonga was formerly Customary owned land. Akonga Village is located on the northwest coast of the West New Britain in the Kandrian Gloucester District and is inaccessible by road from the Provincial capital, Kimbe. A combination of road and motorised dinghy transport is required to reach the capital. Population density in the immediate Akonga area is low and the nearby hinterland is largely unoccupied. The population of Akonga Village itself was projected to be just 1080 at the end of 2013 but the proposed Community Health Post is expected to provide improved access to health services for those presently using other Aid Posts along the coast in either direction. The further establishment of forestry roads in the area is also providing improved access to the coastal areas by scattered populations living in the Airagilipua area and it is anticipated that the true catchment population may be closer to 5000 people once the new facility is constructed and commissioned. The nearest Health Centre for the Akonga Couity Health Posts efeals is the Health Cete at Gloucester which is located 25 kilometres west across Borgen Bay. The nearest functioning Hospital is the Kimbe Provincial Hospital which is east along the north coast and requires firstly a 6 hous trip along the coast by motorised dinghy and then a further 1 hour travel by road. Routine medical evacuations are generally conveyed along the coast by motorised dinghy to meet an ambulance despatched from the Hospital and waiting at Garu. Critical medical evacuations from the proposed Akonga Community Health Post are likely to continue to be effected by chartered helicopter. The proposed site for the Community Health Post is known as Kakabauand is registered as Portion 3 39C, Milinch of Talawe, Fourmil of Roualt, Kandrian Gloucester District, West New Britain Province. It consists of 0.757 hectares. It is desied i the Lad Iestigatio ‘epot as flat, fertile land suitable for all tropical food and cash crops. An image of the site is included on the cover of this report. The site was selected by the customary owners because it is adjacent to the site of the existing Aid Post separated only by a small, unnamed creek. The land was formerly owned by ninety-six (96) members of the Pulomatai Clan. The extent of the site for the Community Health Post was determined by the customary owners and the owners of adjoining land in the company of the Surveyor prior to survey on 15th May, 2015. 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 Clan members consented to sell this land to the State through the Land Investigation Report dated 7th September, 2015. Mr. Raymond Aposa, Mr Francis Boyang, Mr Tony Ailama and Mr. Fidelis Aria were oiated to e ou representatives and agents for the purpose of executing a Transfer to the Administrator over that piece of land known as Kakabau containing 0.758 hectares and at Akonga Village situated in the Kandrian District of West New Britain Province and we do authorise(d) the above agents to accept on our behalf all moneys and consideration paid by the said Administrator in connection with the proposed Transfer of the said piee of lad. Most of Portion 39C has been unused for many years and therefore the immediate effects on households are not significant and potential losses from selling the land are not a significant proportion of their livelihoods. Apart from minor disturbances to the environment during construction there are unlikely to be any adverse environmental or socio-economic impacts on the nearby households and they will benefit from the land payments made for the purchase of clan land. The value of the land, improvements and compensation for past occupancy was assessed by the Valuer-General to be K39,700.00. The Certificate of Alienability No. 23/9-2016 was issued by the Secretary of the Department of Provincial and Local Government Affairs on 19th September, 2016. Payment of K39,700.00 was made to the authorised agents of the Customary owners by the West New Britain Provincial Administration on behalf of the State in Akonga Village on 14th December, 2016. The Deed of Release and the Sale and Transfer documents were signed by the Agents in the presence of Village residents and a Customary Lands Officers of the District and the National Department of Lands & Physical Planning. Officers of the Provincial Health Authority 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. 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. 4 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.