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
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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.
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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 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 lie ts. A odest P o edu e ‘oo is p o ided to allo e e ge y a e 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 Co u ity Health Post s efe als is the Health Ce t e 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 hou s 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 Kakabau and is registered as Portion
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39C, Milinch of Talawe, Fourmil of Roualt, Kandrian Gloucester District, West New Britain Province. It consists of 0.757 hectares. It is des i ed i the La d I estigatio ‘epo t 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 o i ated 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 pie e of la d .
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.
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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 Service Standards, 2011 and is required to provide maternal and child primary health services. 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 patients.
4. A odest P o edu e ‘oo is p o ided to allo e e ge y a e of t au a o se ious edi al conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The Community Health Post at Akonga will be provided with two (2) ante/postnatal beds and two (2) general beds for other patients requiring admission. It is expected to provide outpatient services for up to forty (40) people each 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 ity e gage e t i deli e i g health se i es ased o the Healthy Isla ds f a e o k. 5
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.
5. Sites selected by the Provinces for the development of Community Health Posts 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 annual health function 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 and 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 West New Britain Provincial Administration has clear and unencumbered access to the associated land portion on which the Community Health Post is to be located, without claims by third parties, and the Province has supplied adequate written confirmation of the same from the relevant authorities and community participants, as applicable, including relevant 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 by motorised dinghies and chartered helicopters 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 was 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 travelling time.
(ii) The District was 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.
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.
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8. The P oje t s i pa t is li ited to o pe sa le loss of la d use, compensation for any existing structures on the site and for past use 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 on the laws, regulations, and policies of the Go e e t of PNG a d the ADB s “afegua d Poli y “tate e t 9 . The P oje t ill ot fi a e 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.
West New Britain Province – Geography, Demographics & Access to Services
9. The following maps of West New Britain 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 y LW Ha se , BJ Alle , ‘M Bou ke a d TJ M Ca thy a d pu lished y the Land Management Group, Department of Human Geography of the Australian National University. The depiction of occupied and unoccupied lands for West New Britain Province remains accurate and clearly indicates the concentration of the population on the northern coastal plains of the Province which are largely devoted to intensive oil palm production by local landowners. Access to services for residents of some areas has improved with better and more roads being provided. Real income levels for the population living outside of the oil palm producing areas have not improved significantly since the time of publication.
10. West New Britain Province occupies 20,800 square kilometres of New Britain Island in the north east of PNG. 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 which usually accessed by motorised dinghy to Garu and then by road.
Image 1: Occupied/Unoccupied Land in West New Britain Province
AKONGA
GARU
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11. The following image depicts the population density of inhabited areas of West New Britain Province and that the population density is highest in the Bali Witu Island Group and around the northern coastal plains of Talasea District where most of the oil palm production occurs. Generally, population density is low throughout the Kandrian Gloucester District except for the coastal fringe. Most of the Dist i t s la d ass is u o upied but contains significant forest areas which are currently being commercially logged.
12. West Ne B itai had a populatio of , . % of PNG s total populatio at the time of the 2011 National Census. Kandrian Gloucester District had a population of 74,265 at that time. The population of Gloucester Rural LLG was projected to be 12,500 persons by the end of 2013. The population of Akonga Village was projected to be 1080 at that time.
Image 2: Population Density in West New Britain Province, PNG
AKONGA
13. 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.
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Image 3: Map of Gloucester Rural LLG - West New Britain
14. The nearest Health Centre for the Akonga Co u ity Health Post s efe als is the Health Centre 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 hou s 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.
15. Demand for maternal and child health services to be offered by the Community Health Post will mostly be derived from the estimated 440 children less than 5 years of age and 650 women of child bearing age living in those areas.
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B. AKONGA COMMUNITY HEALTH POST SITE: DESCRIPTION AND AREA
16. The West New Britain Provincial Health Authority has prioritised Akonga as one of the localities in which to construct a new Community Health Post under Output 4 of the Project. The proposed site for the Community Health Post is known as Kakabau and is registered as Portion 39C, Milinch of Talawe, Fourmil of Roualt, Kandrian Gloucester District, West New Britain Province. It consists of 0.757 hectares. It is described in the Land Investigation Report 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. 17. 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.
C. SCOPE OF LAND USE/PURCHASE
18. The land was formerly owned by ninety-six (96) members of the Pulomatai Clan.
19. 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.
20. 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 nominated 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 pie e of la d .
21. 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.
22. The value of the land, improvements and compensation for past occupancy was assessed by the Valuer-General to be K39,700.00.
23. 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.
24. Payment of K39,700.00 was made to the authorised agents 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.
25. A Due Diligence Review confirms that the site at Akonga eets the P oje t s eligi ility ite ia
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The land is in Kandrian Gloucester District of the Province 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 , 4-2020 e o e ds construction of a Level 2 Community Health Post in the area to serve the health needs of the 4356 persons living in the immediate area. That Plan has been endorsed by the Provincial Administration. The Chief Executive Officer of the Provincial Health Authority 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. The Provincial Health Authority has entered a Memorandum of Agreement with the Secretary for Health confirming the availability of recurrent budget for operation of the facility The Chief Executive Officer of the Provincial Health Authority 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 for the construction site was endorsed by the relevant officers of the Asian Development Bank on 22nd June, 2016.
26. 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.
27. 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.
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C. SOCIOECONOMIC INFORMATION
28. According to the 2011 Census the population of the Gloucester Rural Local Level Government area was 11940 people and is growing at an annual rate of 2.8% per annum which is lower than the growth rate of 3.3% for the Province overall. By 2013 it was projected to be 12,500.
29. The people of the Akonga area have very low incomes. Individual local incomes for a few men are supplemented by forestry work. Small amounts of cash are derived from fruit and vegetable cropping, fishing and production of copra.
30. Access to telecommunications in the area is poor, other than for the National Broadcasting “e i e s AM/FM adio se i e, due to the local topography and there are no private motor vehicles operating from the area. Some men derive a cash income from the operation of motorised dinghies for transport of passengers and goods to and from Cape Gloucester and/or Kimbe.
Image 6: Average Annual Cash Income per capita for people living in West New Britain Province
The people of the Akonga area are heavily dependent upon the Christian churches for provision of health and education services.
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E. INFORMATION DISCLOSURE, CONSULTATIONS, AND PARTICIPATION
31. There have been extensive and on-going consultations and meetings between Officers of the West New Britain Provincial Health Authority, the Provincial Administration and community members at Akonga regarding the proposed new CHP. The main consultations are outlined below:
The initial community consultation and awareness was facilitated by the Provincial Community Action and Participation Trainer, the District Health Promotion and Nutrition Officer and the RPHSDP Mentor from 3rd to 7th June, 2013. They conducted a health eeds a alysis th oughout the illages of the at h e t a ea. Village s ep ese ti g Akonga, Mareka, Bambak, Alaido and Namarmanga villages participated. At that time the local landowners indicated interest in providing land for a new health facility to replace their run- down Aid Post. On 15th May, 2015 surveyors engaged by the Project and the RPHSDP Safeguards Officer also visited the site. Whilst the survey was conducted the Safeguards Officer discussed the proposed project with community members and disclosed other matters such as the Grievance Redress Mechanism. Boundaries were confirmed and agreed by the landowners and surveyors. A land survey was completed and subsequently lodged with the Surveyor General. Another field visit to the proposed site was made on 11th December, 2015 by the Provincial Safeguards Officer, the RPHSDP Safeguards Consultant and the RPHSDP Third Party Verifier. The officers met with District, Community Elders and landowner representatives to explain the formal land acquisition process, the services that the CHP would provide and the environmental safeguards which would be imposed upon the contractor engaged to construct the CHP. They signed a Memorandum of Agreement (Voluntary Land-Use Agreement) for use of the land by the State. An official DL&PP Land Investigation Report was completed by District Lands Officer who also visited Akonga between 6th and 7th September, 2015. The District Lands Officer confirmed that landowners and users will not experience any adverse impacts from the loss of land use. Land title documents were then organised by the DL&PP, including the Certificate of Alienability, to enable the land to be transferred to State ownership.
32. Communities and affected people visited by the Project staff were encouraged to discuss any issues of concern to them. Assurances were given about how the construction would be completed and that there would be employment opportunities for the men of the surrounding villages. All staff working on the various components have stressed that the tender and contracting process will be conducted in an open and transparent way and that the successful contractor will be required to engage local men for labouring and unskilled tasks.
F. GRIEVANCE REDRESS MECHANISM (GRM)
33. 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 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 officers of 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
13 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 construction starts the ‘u al P i a y Health “e i e Deli e y 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.
34. 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 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.
35. 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 y P oje t s P oje t Ma age o to highe autho ities.
36. 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 , they ay the take the g ie a e to the PNG judicial system.
G. APPLICABLE POLICIES AND LAWS
37. 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.
38. 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 eement must be secured through 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
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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.
39. 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 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.
40. This process is being followed by the Rural Primary Health Service Delivery Project, working closely with Officers of the Department of Lands and Physical Planning, who 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 registered as state land. At the same time as the Government land acquisition process is proceeding, the Project is preparing standard safeguard documents for ADB approval.
41. 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.
42. 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;
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.
15 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.
43. 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 fa ilitate the olu ta y egist atio of usto a y 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 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.
44. 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 Akonga 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.
45. 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 Authority/Project Support Unit requested a private Surveyor to undertake 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 Authority requested the Valuer-Ge e al s Office to send a registered Valuer to value the land and any improvements (for example, garden crops, food trees, timber trees, structures). His report was sent directly to the Office of the Valuer- General. The Provincial Health Authority and Project Support Unit then requested the District Lands Officer to prepare a Lands Investigation Report including ownership genealogy, rights and interest held
2 Land Assessment Framework (Revised), 11 September 2013, PNG: Rural Primary Health Services Project, prepared by the National Development of Health, GoPNG, p.11 16
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 19th September, 2016 and returned to the Department of Lands and Physical Planning to p epa e the pu hase 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 K39,700.00 was released to the customary landowners on 14th December, 2016. The land was deemed formally purchased on 6th January, 2017 after the expiration of the required days oti e e ui ed y la .
The project at Akonga includes construction of the standard four-bed design for a Community Health Post and will include provision of equipment, drugs, and allocation of three (3) staff. The Provincial Health Authority 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 as Annex 9.
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 Akonga 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 Akonga 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 ploy 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:
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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 y 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 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 y 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 Akonga Community Health Post project the State has paid for the land through the West New Britain Provincial Government.
Item Costs (Kina) Value of land to be acquired 23,000.00 Value of Existing Buildings including prior 16,700.00 Occupancy Value of planted improvements NIL FINAL VALUATION 39,700.00
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 procedures, 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
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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
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 P oje 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 a d 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 supported by the P oje t “uppo t U it s “afegua ds “pe ialists.
K. IMPLEMENTATION SCHEDULE
53. The implementation schedule for land access and facility design processes at Akonga was as follows:
LAND ACCESS/ACQUISITION DATE
Community Consultation/Community Health Post and GRM 3/6 to 7/6/2013 & advocacy completed 11/12/15
Cadastral and Topographic Surveys undertaken with Landowner 15th May, 2015 participation and endorsement Land Investigation Report and Valuation completed and Lodged 7 and 8/9/2015
Certificate of Alienability issued 19th September, 2016
Land Payment settled 14th December, 2016
Deed of Release received 14th December, 2016
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L. MONITORING AND REPORTING:
54. The ‘u al P i a y Health “e i e Deli e y 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 verification of the land acquisition processes.
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: Certificate of Alienability
Annex Six: Valuation Certificate
Annex Seven: Deed of Release
Annex Eight: Approved Layout Plan for Community Health Post
Annex Nine: Third Party Verification of Land Acquisition Process
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ANNEXURES (Available Upon Request)