Social Safeguards Due Diligence Report
July 2017
Tuvalu: Outer Island Maritime Infrastructure Project
Prepared by the Ministry of Communication and Transport for the Asian Development Bank.
The social safeguard 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.
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 judgement as to the legal or other status of any territory or area. TABLE OF CONTENTS
ABBREVIATIONS 2 EXECUTIVE SUMMARY 3 I. INTRODUCTION 7 A. Project Background 7 B. Project Description 7 II. METHODOLOGY 8 III. PROJECT SCOPE AND LAND USE ON THE PROPOSED SITE 9 A. Project Scope 9 B. Land Requirement, Land Use and Status 10 IV. SOCIOECONOMIC INFORMATION 13 A. People and Community Within the Project Sites 13 B. Project Impacts 14 C. Project Impacts on Communities and Vulnerable Groups 15 D. Gender 15 V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION 17 A. Project Stakeholders 17 B. Consultation and Participation Activities 19 VI. PROCESS OF SECURING LONG TERM ACCESS TO THE SITE FOR ASSOCIATED WORKS AND ROAD ACCESS 21 VII. GRIEVANCE REDRESS MECHANISM 23 VIII. INSTITUTIONAL ARRANGEMENTS 25 A. Responsibilities to Monitor and Update the DDR 25 X. BUDGET AND FINANCING 27 APPENDICES 28 Appendix A. Funafuti Workshop Minutes April 2016 & Nanumaga Kaupule Letter 9 June 2016 29 Appendix B. Nukulaelae Minutes of Meeting Endorsing the Workboat Harbour Project (24-25 April 2016) 41 Appendix C. Nukulaelae Meeting Minutes (May 2016) 44 Appendix D. Procedures for Leasing Land for Project Site by Government 48 Appendix E. Template for 3rd Party Verification Letter 49 Appendix F. Photographs (available upon request from ADB) 50 Appendix G. Tuvalu Native Lands Act 51 Appendix H. Nukulaelae Minutes of Meetings held in October 2016 56 Appendix I. Record of Meeting with tenant in house affected by construction (on School lease grounds) October 2016 73 Appendix J. Tree Survey Report and Construction Compensation Payment confirmation, April 2017 76 Appendix K. Confirmation of Lease Signing, Copies of Leases, and Third Party Validation of agreement between Nukulaelae Kaupule and Landowners 78 Appendix L. MOU and TPV forming agreement between Nukulaelae Kaupule and tenant in house on school grounds regarding relocation 87 Appendix M. Minutes of Nanumaga Meetings held October 2016 90 Appendix N. Minutes of Niutao Meetings held October 2016 98
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ABBREVIATIONS
ADB Asian Development Bank APs Affected Persons
DDR Due Diligence Report DFAT Australia Department of Foreign Affairs and Trade GRM Grievance Redress Mechanism GEF Global Environmental Facility Km Kilometer MCT Ministry of Communications and Transport MFECP Ministry of Finance and Economic Planning MHARD Ministry of Home Affairs and Rural Development MNREE Ministry of Natural Resources, Energy and Environment
MFAT New Zealand Ministry of Foreign Affairs and Trade PPTA Project Preparatory Technical Assistance PDA Project Design Advance PMU Project Management Unit RP Resettlement Plan SPS Safeguard Policy Statement TANGO Tuvalu Association of Non-Government Organizations UNDP United Nations Development Programme
2 EXECUTIVE SUMMARY
The Tuvalu Outer Island Maritime Infrastructure Project (the full over-arching project including all phases of works under the ADB funding arrangements) will assist the government’s efforts to rehabilitate and improve the maritime infrastructure in three remote outer islands of Tuvalu including Nukulaelae, Nanumaga and Niutao. The Project scope includes: (i) Detailed design and construction of workboat harbour / small scale maritime facilities in Nukulaelae including new channel dredging, construction of a transit shed, and provision of a truck with crane.
(ii) The improvement of boat ramps in Nanumaga and Niutao.
(iii) Detailed design of small scale maritime facilities in Nanumaga and Niutao.
(iv) Master planning for the transport and fishery sectors including feasibility studies for Nanumaga, Niutao, and Nui maritime facility improvements and other harbour development options.
The tasks have ultimately been undertaken in the following packages:
> Under the Project Preparatory Technical Assistance (PPTA) the tasks undertaken were: - feasibility studies for the improvement of maritime facilities were undertaken for Nukulaelae, Nanumaga, and Niutao; - concept designs were prepared for the workboat harbour at Nukulaelae; - concept designs were preapred for the improvement of existing ramps at Nanumaga and Niutao. > Under the Project Design Advance (PDA): - detailed design was completed for Nukulaelae, Nanumaga and Niutao workboat harbours; - procurement, including tender documentation and management and assessment of tenders, was undertaken for the construction of the Nukulaelae workboat harbour. > Under the Project Support and Master Planning (PSAMP) Project, Cardno will: - develop a Masterplan for the transport and fishery sectors; - undertake the construction supervision of: ▪ the workboat harbor / small scale maritime facilities in Nukulaelae, and ▪ The re-construction of boat ramps at existing sites in Nanumaga and Niutao. It is noted that the tender for the construction of the Nukulaelae work boat harbor and re-construction of boat ramps at existing sites in Nanumaga and Niutao has not yet been awarded, and it is anticipated to occur in the next month. It is also noted that the construction of the workboat harbors in Nanumaga and Niutao is currently planned to be funded by World Bank. The construction of the
3 workboat harbors in Nanumaga and Niutao fall outside of the scope of these works and this DDR.
This document is based on the PPTA DDR, but has been updated to reflect all the activities undertaken under the PDA phase of the project.
Indigenous Peoples Safeguard The project does not trigger the indigenous peoples safeguard as the affected inhabitants identify as mainstream Tuvaluans.
Involuntary Resettlement Safeguard The project site in Nukulaelae does not trigger the involuntary resettlement policy as all affected lands and assets have been acquired through negotiated settlement. All affected persons voluntarily agreed to enter into leases which did not result in any government expropriation. One family leasing a house in Nukulaelae was transferred to a property with equal amenities and the same monthly rent (to the same owner and lessor, Nukulaelae Kaupule) due to potential impacts to their family from noise and dust during construction.
Land Requirement and Status The sea side facilities will be constructed on Crown land1 while the associated structures such as transit shed and access road will require private land acquired through negotiated settlement. These private lands are generally bush area containing a small number of quality productive trees including coconut. The leases between the Kaupule and the landowners for the first year of construction have been calculated, and the Kaupule has paid for the first year (April 2017-April 2018) of the construction leases based on the rate of $3,000AUD per Acre. In line with Tuvalu law, the trees within these lease areas have been surveyed by the Department of Lands, and the appropriately calculated compensation has been paid to each of the landowners for the trees that will need to be cleared in the Nukulaelae work boat harbour lease area.
The project sites where existing boat ramps will be rehabilitated in Niutao and Nanumaga do not involve displacement of people and physical structures. The boat ramps are built on the foreshore area which is on Crown land (foreshore area) thus will not require establishment of a government lease2.
Impacts on the land and people by the future construction of the workboat harbours at Niutao and Nanumaga (to be developed by World Bank based on detailed designs developed during this current project) will need to be assessed according to funding requirements of the donor agency.
Conclusion We confirm that the project complies with all ADB safeguards requirements and that as at the completion of the PDA phase, there are no outstanding safeguards issues for resolution.
To the extent possible, the project team has prepared documents, processes and systems including a draft EMP, contractor requirements concerning working in the communities in the TOR, and a grievance resolution mechanism, to support the next (construction) phase of the project to meet ADB safeguards requirements.
1 Crown land, also known as royal domain or demesne, is a territorial area belonging to the monarch, who personifies the Crown. This is considered as government or public land, although the term still exists in Tuvalu which used to be a British Protectorate. 2 Foreshore and Land Reclamation Act (Section 2) defines 'foreshore'' as the shore of the sea or of channels or creeks that are alternately covered and uncovered by the sea at the highest and lowest tides.
4 Summary of Land Requirement and Land Use Current Status of Project Need for Additional Land Component Activities Land ownership or Components and/or Potential Issues Use 1. Construction of These will include: small scale 1. Construction of a new The foreshore area is Will require construction of maritime facilities flexmat boat ramp and a Crown land. access roads to link the (Nukulaelae) wharf at new site on wharf to the main settlement
south west of the Island. and the Community Fisheries Center. This are
private lands and will also affect approximately 1859 trees, as listed in the tree survey report attached in Appendix J.
Associated Structures: The wharf lease area No involuntary land is 1.616 acre, located acquisition required. The 1. Construction of a on the south west of government will lease the seawall. the island. A part of the site and the landowners are 2. Set back of abutment lease overlaps the willing to lease their lands to assist with keeping school lease (Dept of for this project to happen. some trees along the Education leased from This was confirmed during foreshore. private landowners on the PDA stage. This is behalf of the Kaupule) supported by a number of 3. Navaid site onshore and 10 private parcels the attached minutes of requirement. owned by 9 families. meetings from 2016. This is illustrated in 4. Boat ramp onshore. Landowners and community Table 1 and Figure 1. 5. Construction of a have waited for this parking lot. infrastructure for some time thus based on initial Generally, the sites are 6. Construction of consultation, confirmed within bush land areas. parking space for fishery during the PDA with the The survey report is boats. Kaupule (Island Council), attached in Appendix landowners agree to lease 7. Construction of an J. The project area has land. access road from the been surveyed with a main road to the parking number of productive lot & transit shed. trees and will require Further confirmed during compensation for the 8. Construction of a PDA consultations, affected sites as per transit shed (and landowners continue to the report in Appendix provision of a truck welcome having a L and summarized in crane) (Nukulaelae) government lease as this Table 1. 9. Construction of toilets, provides regular cash water tanks, and other income for landowning families (AUD 3,000 per associated infrastructure. acre annually) to otherwise bush or partially utilized lands. See Table 1
10. Channel dredging Seabed; Crown Land. As Crown land, no land acquisition nor leasing is required.
2. Construction of Construction of a ramp The majority of the None identified. boat ramps project will be built on
5 Current Status of Project Need for Additional Land Component Activities Land ownership or Components and/or Potential Issues Use (Nanumaga and the foreshore (crown During PPTA, it was clarified Niutao) at existing land) at the site of that no lease would be Establishment of a public boat ramp sites existing boat ramps required as the project access from ramp to and channels. would utilize existing crown main road using flexi land. mat. There may be some small parts of private or community land affected, but this is yet to be determined depending on design.
3. Detailed design Detailed design of boat Some private and/or The scope of this (PDA) of new boat harbors harbors, boat ramps, community land may project only required the at Nanumaga and and associated need to be utilised for detailed design of the Niutao infrastructure at the infrastructure (e.g. proposed new boat harbors Nanumaga and Niutao at transit shed, roads, at Nanumaga and Niutao, new sites. etc.) but is yet to be however ADB will not be determined. funding the construction of these facilities. Investigations relating to land issues will be the responsibility of the donor funding construction and/or their consultant/s. .
6 I. INTRODUCTION
A. Project Background
1. The proposed project will assist the government’s efforts to rehabilitate and improve the maritime infrastructure in selected outer islands of Tuvalu, some of which were damaged by Cyclone Pam in March 2015, and to improve safety, efficiency and sustainability of maritime transportation in the outer islands. 2. By making marine transportation more efficient and safer, Tuvalu envisages achieving the following objectives: (i) economic development including fisheries, (ii) improved livelihoods and safety conditions in the outer islands, and (iii) reduced migration from the outer islands to Funafuti, which currently faces problems with overcrowding, pollution, and spread of diseases. 3. A due diligence report conducting a screening of possible involuntary resettlement impacts through site visits, community consultations, and land title search were conducted during the PPTA from January to June 2016. This DDR confirms or updates the results of the initial screening process during the PDA. This DDR was disclosed on 7 July 2017.
B. Project Description 4. The Project Design Advance (PDA) for the Outer Island Maritime Infrastructure Project was set up originally to prepare the detailed design and construction tender documents for four Tuvalu islands, Nukulaelae, Nanumaga, Nui and Niutao. Substantial changes in the scope now changes the initial focus of the PDA works for a work boat harbour at Nukulaelae only, but with designs for a similar harbour at Nanumaga and Niutao to be undertaken at the end of the PDA project. 5. The Asian Development Bank (ADB), the Global Environment Facility (GEF) and the Government of Tuvalu are funding the Project, with an overall funding envelope of USD 13,300,000 at approval. The total cost for physical improvements to be tendered is estimated at $10.2 million. Cardno Emerging Markets, Australia (Cardno) has been appointed to provide consulting services to the Project. 6. The PDA revised project’s scope of works consists as follows: > Hydrographic, topographic and geotechnical surveys at Nukulaelae, Nanumaga, Niutao and Nui; > Design documentation and social impact reporting for a work boat harbor at Nukulaelae and a fishing boat ramp at Nanumaga and Niutao; > Design documentation of a work boat harbor at Nanumaga and Niutao sited as recommended in the feasibility study as prepared as part of the PPTA works; > Environmental, coastal and climate change assessment and reporting for facilities as constructed and operated as set out in Items 2 and 3; > Tender documentation and procurement assistance for the construction tendering of the works set out in Item 2; and > Implementation and execution of the project by the Government of Tuvalu. 7. The detailed design for the Nukulalelae workboat harbour is complete, all agreements with landowners have been signed, and payments to landowners for construction leases and tree compensation have been made. 8. The geotechnical surveys for Nukulaelae, Nanumaga, Nuitao, and Nui were not achieved due to logistics issues and weather conditions experienced by the subcontractor.
7 9. The design documentation of workboat harbours at Nanumaga and Niutao has been completed.
II. METHODOLOGY
PPTA 10. The preliminary due diligence assessment was conducted utilizing primary and secondary data gathering from the following methods: a (i) review of relevant project reports; (ii) collection of primary data through a socioeconomic survey, site visits, individual interviews; and (iii) community consultations and workshops. 11. The Project Team consulted the relevant islands and national government agencies during the PPTA. These included meeting with Department of Lands in determining land ownership status of the proposed sites, government policy on securing land for infrastructure projects including rates and procedures for leasing lands. The Project Team also held site visits in Nanumaga and Niutao in December 2015 and January 2016. In addition, the Team held a national community consultation workshop with community representatives on Funafuti on 15-16 and 18 April 2016 and signed a Minutes of Meeting stating their support for the workboat project (Appendix A Funafuti Workshop Minutes). 12. A site visit and workshop to Nukulaelae Island followed to inspect possible project sites with community leaders; consultation with Nukulaelae island council (Kaupule), and other community representatives including women and landowners on potential site,. During the site visit, the PPTA Team including ADB and consultants presented the proposed project scope, assessed expected community benefits and potential impacts, community support for the project, land ownership status of the proposed site, and the willingness by community and landowners to lease land for the project, if required. The minutes of meeting between the project team and the community, detailing agreements with the community, was prepared by ADB and signed by the Island Council (Kaupule) endorsing the project on 18 April 2016 (Appendix B). 13. The PPTA Team consulted about 130 people including 25 women and surveyed 70 people including at least 10 women. Stakeholder consultation and participation will be continued during the preparation of detailed design and construction. Key stakeholders including women, affected people, low-income households and individuals with disabilities and elderly, traditional leaders and politicians will be consulted throughout the project including detailed design, implementation, and monitoring. Participatory approaches such as social surveys, focus group discussions, and community meetings were undertaken as part of consultations. PDA 14. During the PDA, the Project Team conducted site visits to Nukulaelae on 13 October 2016, Nanumaga on 18 October 2016, and Niutao on 19 October 2016. Minutes of the various meetings held are included in the appendices. 15. The PMU also undertook a number of trips through the PDA period, including checking the tree survey counts in conjunction with the Department of Lands, and undertaking community discussions with landowners and the Kaupule about the compensation process for both leases and trees to be compensated.
8 III. PROJECT SCOPE AND LAND USE ON THE PROPOSED SITE
A. Project Scope
16. The scope of works of the Tuvalu Outer Island Maritime Infrastructure Project (the full over-arching project including all phases of works under the ADB funding arrangements) is to assist the government’s efforts to rehabilitate and improve the maritime infrastructure in selected outer islands including Nukulaelae, Nanumaga and Niutao. The Project scope includes: (i) Detailed design and construction of workboat harbour / small scale maritime facilities in Nukulaelae including new channel dredging, construction of a transit shed, and provision of a truck with crane.
(ii) The improvement of boat ramps in Nanumaga and Niutao.
(iii) Detailed design of small scale maritime facilities in Nanumaga and Niutao.
(iv) Master planning for the transport and fishery sectors including feasibility studies for Nanumaga, Niutao, and Nui maritime facility improvements and other harbour development options.
17. The tasks have ultimately been undertaken in the following packages: > Under the Project Preparatory Technical Assistance (PPTA) the tasks undertaken were: - feasibility studies for the improvement of maritime facilities were undertaken for Nukulaelae, Nanumaga, and Niutao; - concept designs were prepared for the workboat harbour at Nukulaelae; - concept designs were preapred for the improvement of existing ramps at Nanumaga and Niutao. > Under the Project Design Advance (PDA): - detailed design was completed for Nukulaelae, Nanumaga and Niutao workboat harbours; - procurement, including tender documentation and management and assessment of tenders, was undertaken for the construction of the Nukulaelae workboat harbour. > Under the Project Support and Master Planning (PSAMP) Project, Cardno will: - develop a Masterplan for the transport and fishery sectors; - undertake the construction supervision of: ▪ the workboat harbour /small scale maritime facilities in Nukulaelae, and ▪ Improvement of boat ramps in Nanumaga and Niutao. 18. It is noted that the tender for the construction of the Nukulaelae work boat harbor and re- construction of boat ramps at existing sites in Nanumaga and Niutao has not yet been awarded, and it is anticipated to occur in the next month. 19. It is also noted that the construction of the workboat harbors in Nanumaga and Niutao is currently planned to be funded by World Bank. The construction of the workboat harbors in Nanumaga and Niutao fall outside of the scope of these works and this DDR.
9 B. Land Requirement, Land Use and Status
20. In Nukulaelae, small scale maritime facilities with associated structures, are proposed to be constructed on the southern side of its main island. The project will include construction of a transit shed, and an access road to link the project site to the main road and Community Fisheries Centre (Figure 1).
Figure 1. Proposed Workboat Harbour (Nukulaelae)
21. The workboat harbour will be built on Crown land while the associated structures such as access road will be on a private land that will require the establishment of a government lease. The scope of land requirement is shown in Table 1.
Table 1. Affected landowner plots, estimated construction lease total, and estimated tree compensation
New Project (Construction) Number of Lease 2017 only Landowners* Trees to be Tree Landowner Proxies removed and Compensation Acres to be used for Privacy compensated Total leased Rounded Lease
(Total) Total $3000/Acre per year 594 Landowner 1 152 $ 1,783.00 0.133 $ 399.00 595 Landowner 2 311 $ 2,038.00 0.111 $ 333.00 596 Landowner 3 306 $ 2,214.00 0.210 $ 630.00 597 Landowner 4 326 $ 2,322.00 0.158 $ 474.00 598 Landowner 5 222 $ 1,488.00 0.143 $ 429.00 599 Landowner 6 264 $ 2,715.00 0.157 $ 471.00
10 New Project (Construction) Number of Lease 2017 only Landowners* Trees to be Tree Landowner Proxies removed and Compensation Acres to be used for Privacy compensated Total leased Rounded Lease
(Total) Total $3000/Acre per year 600 Landowner 7 169 $ 1,012.00 0.170 $ 510.00 601 Landowner 8 61 $ 482.00 0.443 $ 1,329.00
TOTAL 1811 $ 14,144.00 1.525 $ 4,575.00
22. In both Niutao and Nanumaga, ramps will be built on the foreshore area on the existing channel locations where the communities currently load and unload cargo from the government boats. Public access will be improved by laying down flexmat or similar materials. The boat ramps will be constructed on Crown land (foreshore area3) in both cases.
Figure 2. Boat Ramp (Niutao) – Existing Site
3 Foreshore and Land Reclamation Act (Section 2) defines 'foreshore'' as the shore of the sea or of channels or creeks that are alternately covered and uncovered by the sea at the highest and lowest tides.
11
Figure 3. Boat Ramp (Nanumaga) – Existing Site
12 IV. SOCIOECONOMIC INFORMATION
A. People and Community Within the Project Sites
23. The government expects that improving marine transportation to become more efficient and safer will (i) support economic development including fisheries and other livelihood programs, (ii) improve safety conditions in the outer islands, and (iii) reduce migration from the outer islands to Funafuti, which currently faces problems with overcrowding, pollution, and spread of diseases. The poor and vulnerable groups such as women and children, persons with disabilities, people requiring medical attention, elderly, and small business owners stand to benefit the most from the project. Improved marine infrastructure in the outer islands enables safe and efficient movement of people and cargoes to and from these remote communities. 24. Following is a brief description of each of the three project island communities: 25. Nukulaelae. In 2012, the island had a population of 334 people4 (178 (53%) female, 156 (47%) male) residing in two villages (Nukualofa and Pepesala) with 239 people and 95 people (32 and 38 households) respectively. The proposed site is within Pepesala Village. During the 2012 Census, the island first recorded a negative population growth of -1.6% since the 1991 Census. The decrease in population could be attributed to several factors including medical, education, employment, and social purposes. 26. The island has a preparatory and a primary school, medical facility, a fisheries buying center, 24-hour supply mainly from solar power, and relies mostly on rainwater for drinking. There is also a working phone service and the internet to connect the Kaupule to Funafuti and relatives overseas. Secondary students leave for Vaitupu Island to study at Motofua Secondary School to complete their secondary education. The island also has a Telecom center, a bank, and at least three retail shops. The island also has an unpaved road along the coastal part of the island near the proposed project site. 27. From the 2012 Island Profile, only 59 people (20.9%) of the population over 15 years old is employed mainly through government work as nurses, teachers, and Kaupule employee providing almost half of employment (48%). 229 of working age are not employed. Self- employment is very low on the island with only three people involved in self-employment through ownership of a petrol station (1) and canteen (1 male and 1 female). Other income sources for people on the island is pension for those over 70 years old. 28. The majority of the population on the island (89%) are not employed but are involved in subsistence activities such as feeding livestock, farming, fishing, toddy cutting, and handicraft making. 29. Nanumaga. The island had a population of 463 people comprising 243 males (48%) and 220 females (52%) during the 2012 Census5. The island population lives in two villages (Tokelau and Tonga), with 239 and 234 people respectively. This division into two villages of each island population is typical to Tuvalu. During 2002 and 2012 Census, the island also recorded a negative growth rate (-2.39%) indicating a continuous out-migration trend whereby people seek better employment, social and health opportunities. 30. Similar to Nukulaelae, the island has a preparatory and a primary school, medical facility, 24-hour supply mainly from solar power and relies primarily on rainwater for drinking. Secondary students leave for Vaitupu Island to complete their secondary education. The island also has a Telecom center, a bank, and retail shops. The island also has an unpaved road along the coastal part of the isle leading to the current loading/unloading site to the central part of the island (also proposed project site).
4 Nukulaelae Island Profile 2012, Ministry of Home Affairs, UNDP and NZ Aid Programme 5 Nanumaga Island Profile 2012, Ministry of Home Affairs, UNDP and NZ Aid Programme
13 31. From the 2012 Island Profile, only 66 people (22%) of the population over 15 years old is employed mainly through government work as nurses, teachers, and Island Kaupule employee providing over half of employment (65%). 199 of working age are not employed. Self-employment is very low on the island with only three involved in self-employment through ownership of a canteen (3 females). Other income sources for people in the island is pension (ESS) for those over 70 years old and landowners who receive land leases. 32. Similar to Nukulaelae, the majority of the population on the island (86%) are not employed, the majority are females but are involved in subsistence activities such as feeding livestock, farming, fishing, toddy cutting, and handicraft making. 33. Niutao. The island had a population of 642 people comprising 317 males (49%) and 325 females (51%) during the 2012 Census6. The island population lives in two villages (Kulia and Teava), with 430 and 212 people respectively. During 2002 and 2012 Census, the island also had recorded a negative growth rate (-3.2%) indicating a continuous out-migration trend whereby people seek better employment, social and health opportunities. 34. The island also has a preparatory and a primary school, medical facility, 24-hour supply mainly from solar power and relies primarily on rainwater for drinking. Secondary students leave for Vaitupu Island to complete their secondary education. The island also has a Telecom center, a bank, and retail shops. The island also has an unpaved road along the coastal part of the island leading to the current loading/unloading site to the central part of the island (also proposed project site). 35. From the 2012 Island Profile, only 98 people (23%) of the population over 15 years old is employed mainly through government work as nurses, teachers and Island Kaupule employee providing over half of employment (77%). 335 of working age are not employed; others work as seafarers (10%). Self-employment is very low on the island with only four involved in self- employment through ownership of a bakery (1), canteen (two females and two males). Other income sources for people on the island is pension (ESS) for those over 70 years old and landowners who receive land leases from the lease of government facilities. 36. Similar to Nukulaelae, over two-thirds of the island’s population (81%) are not employed, the majority are females but are involved in subsistence activities such as feeding livestock, farming, fishing, toddy cutting, and handicraft making.
B. Project Impacts 37. Nukulaelae. There is no expected risk of landlessness, loss of home, and/or loss of major income source. In Nukulaelae, the workboat harbor will be on a vacant Crown land; however, the harbour's associated facilities including access road and transit shed will be in a bush area and will require the lease of private lands as Crown land is limited within the islands. There are no residential structures on the sites but some tree loss is expected; this has been surveyed and the total trees and compensation are shown in Appendix J. 38. One house, outside of the lease area, has been identified as likely to be affected by construction (e.g. noise and dust) during construction and therefore it was recommended that it should not be tenanted for the duration of construction. This house is located on the school lease area on the opposite side of the access road to the construction area. It is owned by the Kaupule and currently rented by a schoolteacher and her family for $AUD30/month. Early in detailed design phase, there was a potential need for the demolition of the house during construction, and options to compensate for the demolition of the house were discussed with the Kaupule, however as the designers were able to develop an outcome without a need for the demolition of the house, the focus became ensuring the wellbeing of the current tenants’ family. The social specialists undertook interviews with the current tenant (the schoolteacher) and the Kaupule to find an
6 Niutao Island Profile 2012, Ministry of Home Affairs, UNDP and NZ Aid Programme
14 agreeable option to accommodate her during construction. Agreement was reached, and commits the Kaupule to providing the school teacher with another rental house also owned by the Kaupule, (currently vacant) and for the same rental amount of $30AUD/month, ultimately having no net negative impact on either party (i.e. while the Kaupule will no longer receive the $30/AUD per month in rent from the property which will not be tenanted by residents during construction, they will receive $30/AUD per month from the currently vacant property in the main settlement.) This was a negotiated settlement, and as such does not trigger the involuntary resettlement safeguard.. The interview with the school teacher is documented in Appendix I, and the Memorandum of Understanding and Third Party Validation for the agreement between the Kaupule and the schoolteacher are documented in Appendix L. Additionally, the property that is to be untenanted for the duration of the construction (due to noise/dust impacts and safety standards), will be offered for lease by the successful construction tenderer for use as an office or other facility, providing potential additional income for the Kaupule. 39. Should the construction contractor wish to establish an optional workers’ camp, vacant community land next to the primary school was chosen by community leaders in conjunction with the project team as the preferred site. This preferred site falls within the already leased project construction footprint. The community have alternatively offered empty homes for rent by contractor staff, which would generate additional income for the Kaupule for the duration of the construction period. The logistics of worker accommodation will be determined once a construction contractor has been appointed, and will be dependent on the size of the contractor’s workforce, and community and contractor preferences. An area near the school has been designated to hold the dredge spoil but this is to be further negotiated with the Kaupule. There is no expected physical or economic dislocation as this is on a vacant communal land. Due compensation, if required, will be included in the Environmental Management Plan. In addition, no impact is expected on the existing island transportation as this is to be located on a different part of the island away from the existing communal loading and unloading area. 40. Nanumaga and Niutao. The proposed site to build a boat ramp is on the foreshore area considered as Crown land. No private land is required at this stage. Any impacts on the existing island community transportation from the intended boat ramp construction will be investigated during the pre-construction stage, and requirements will be based on the donor funding construction, which is currently understood to be World Bank. If there will be any impacts, alternative sites will be identified with the Island Council.
C. Project Impacts on Communities and Vulnerable Groups
41. The project will have no adverse impacts on the poor, indigenous peoples and ethnic minorities, or on other vulnerable groups. The project will improve access to safe maritime transport particularly by people with special needs, women, children and elderly. Also, the project will support the development of alternative income sources and further promote economic development within the three island communities.
D. Gender
42. The project will provide gender benefits to women particularly in promoting transportation safety, i.e., pregnant women, elderly, and women with young children. Other potential gender benefits may include participation in training and income opportunities from non-skilled labor and administrative support which could be required by the contractor.
15 E. Indigenous Peoples
43. The project does not trigger the ADB’s Indigenous Peoples Policy as the local people in the area do not meet the ADB criteria (distinctiveness and vulnerability) of Indigenous Peoples. The local people in the project sites are part of the mainstream Tuvaluan Polynesian society and are not considered to have a distinct cultural heritage including a different language and are not discriminated upon by other local groups due to their language, skin color and education level etc. They will not require protection and special attention from the project.
16 V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION
A. Project Stakeholders
44. There are three general groupings of stakeholders for the project: (i) elected government officials including Ministers, key officials from the government agencies; (ii) landowners and island communities; and (iii) non-government organizations including Tuvalu National Council of Women and TANGO. The primary project stakeholders include the Office of the Prime Minister, Cabinet members and Ministers, government ministries including Ministry of Communications and Transport (MCT). Others include the Ministry of Finance and Economic Planning (MFEP), Ministry of Home Affairs and Rural Development (MHARD) and Ministry of Natural Resources, Energy and Environment (MNREE). 45. Also, stakeholders at the community level include Island Councils (Fale Kaupule and Kaupule) and traveling public including elderly, women, children and people with special needs. Various stakeholders at each island raised numerous issues for consideration. These are documented in the minutes of the meetings. Key items raised during PDA phase consultation included: Community, women’s and youth groups on Nukulaelae (with similar queries raised in Nanumaga and Niutao) all enquired about (gender-appropriate) work and training opportunities from the project. In response to this, the project team included the requirement to provide employment and training opportunities to local residents where appropriate with the Tender Terms of Reference for the construction contractor. Women’s groups raised concerns about separate toilets for men and women at the workboat harbor facilities for modesty and to prevent gender-based violence. In response to this, the design team looked at a range of designs and developed male and female facilites at the Nukulaelae site (replicated in the detailed designs for Nanumaga and Niutao7) that would also be accessible by those with a disability. A strong desire to see solar lighting at the new sites was expressed. The project team ensured that solar lighting was included and incorporated in all the detailed designs for the workboat harbors. 46. Other key stakeholders include other development partners such as ROC, UNDP, JICA, DFAT and New Zealand Ministry of Foreign Affairs and Trade, as well as the Police, and Tuvalu Association of NGOs (TANGO), and Tuvalu Women’s Council. 47. On the 10th of October, Cardno undertook engagement with key stakeholders, the key findings of which are noted below in Table 2. Table 2. Key Stakeholder Meetings, October 2016 by International and National Social Specialists
Date Name Intended Topics for Feedback / Comments from Status / Response Discussion Consultation
10th Mr. Luka Courtesy Call to the • Explained that there are two Based on these October, Falefou Acting Commissioner of special constables on each discussions, the project 2016 Police and to discuss outer island team ensured that the matters relating to Port • Falekaupule have local police social team met with the Harbour security on the paid by them Kaupule at each site to outer islands, i.e. are • Currently there are no ensure they understood there any Police restrictions on who can go to their obligations to engagement in the the wharf/cargo areas. provide security and policing of port harbors support the local police
7 These workboat harbors are not being constructed under this project.
17 Date Name Intended Topics for Feedback / Comments from Status / Response Discussion Consultation
during and after arrival • The best way to address during construction and of ships to the islands? security and safety concerns operations. is to consider may be for the Falekaupule to develop bylaws if they consider that it is an important problem on their island and needs to be addressed. Then the special constables and the Falekaupule police can enforce them.
10th Ms. Scheduled to meet with • Unsuccessful – Unable to Repeated attempts to October, Temukisa the President of the meet. contact Ms Penehuro 2016 Penehuro Tuvalu Women’s • Had arranged for a meeting were unsuccessful, Council, to acknowledge with Ms Temukisa for 9am however meeting with women voice in the Friday at the Women’s Ms Tavita from the GoT construction of Port canteen with other (below) allowed for Harbors on outer representatives, but no one strong input from a islands, i.e how would attended. Attempted to meet gender perspective. The the project support the again after site visits. project team ensured development of • Unsuccessful in arranging meetings with Women’s alternative income meeting following island site Councils and groups at sources and further visits. each island. promote economic development within the three island communities? (Nukulaelae, Nanumaga and Niutao).
10th Ms. Lupe Met with Acting Gender • Requests that all consultation The project team October, Tavita Officer within the be inclusive of women, and to ensured that all island 2016 Ministry of Home Affairs consider having separate site visits held meetings to discuss the benefits to women’s consultation where with women’s women particularly in women may feel confident groups/women’s promoting safety, i.e and comfortable expressing councils, which are pregnant women, their concerns. documents in the elderly, and women with • Requests that design meeting minutes in the young children. considers accessibility of appendices to this women, especially elderly and document. pregnant. The design of toilets • Suggested that the designs of was initially attempted to the shelters that include toilets separate the male and should consider positioning female toilets, however the male and female toilets cost and engineering separately to reduce the risk limitations prevented of gender violence. this in the final design. • Discussed the possibility that However the size of the the Kaupule potentially hire a separate toilets have watchman to increase safety been designed to and security and reduce ensure accessibility for chance of gender violence. pregnant, disabled, and elderly women. The issue of security was raised with Kaupule as part of their responsibility to ensure safety and security at the new facility on Nukulaelae.
18 Date Name Intended Topics for Feedback / Comments from Status / Response Discussion Consultation
10th Mr. Tomu Met with the Coordinator • Tomu expressed satisfaction The advice of TANGO October, Hauma of TANGO to discuss that the Nukulaelae design was taken on board and 2016 Mr. Temu any unforeseen or has designed a ‘straight’ a youth meeting was Kisa unintended impacts on channel to avoid the extended held at Nukulaelae. NGOs despite plans to and complicated access The technical concerns build Port Harbors on channels that are currently raised were passed on outer islands. used. to the project team and • Suggested that social PMU who took this into specialists meet with consideration and Falekaupule, women’s committed to continue groups, youth groups, and communication with potentially even school TANGO as the designs children, as they are running a evolved. project called “Child centred climate change adaptation project” and children, potentially with school teachers, to allow children to have a voice in changes that will affect them. • Tomu expressed concerns about sustainability of the seawall and dredging; that past similar projects were not sustainable as the seawalls were built of sand (no concrete) and did not last. The social specialists explained that they were not involved in the design but could get the engineering team to meet with them and/or provide further information. • ACTION: PMU/Project Design Team to meet with TANGO to discuss the sustainability of seawall and dredging.
B. Consultation and Participation Activities
48. Previously, during the PPTA phase, the Team consulted stakeholder groups during the project design preparation through individual, group, and community meetings and workshops, and socioeconomic surveys. The Team developed the project scope and design using these inputs as well as secondary data including project reports and government development documents. 49. During the PPTA Phase, the Project Team conducted site visits and a series of community information/consultation in Nukulaelae, Nanumaga and Niutao from December 2015 – May 2016. A national workshop, attended by five outer island representatives including women, was conducted in 15-16 and 18 April 2016. The Team then visited Nukulaelae on 24-25 April 2016 to consult with the Island Council, including men and women representatives, to present the project scope and determine potential project sites. 50. During the PDA phase, further site visits were undertaken in October 2016. Social consultants accompanying the PMU, the Director of Marine, and technical coastal and marine
19 consultants, undertook a site visit to Nukulaelae 13-14 October 2016, Nanumaga on 18 October 2016, and Niutao on 19 October 2016. Meetings were undertaken with the Kaupule, Women’s group (and Youth in Nukulaelae due to its further advanced stage); the minutes for these meetings are attached in Appendices H (Nukulaelae) , M (Nanumaga), and N (Niutao). An interview was undertaken with the tenant of a house rented from the Kaupule on school grounds that would be impacted during the project construction (record of meeting attached in Appendix I). 51. Consultation outcomes. The consulted community leaders (Kaupule) and members were very supportive of the project in Nukulaelae. This was confirmed during the PDA consultations. They signed a recommendation to the national government confirming their support and participation in site selection with the Project Team. The island council and landowner representatives also confirmed their willingness to lease the land for the project sites as stated in Nukulaelae Meetings held in April-June 2016 (Appendix B and C) and reaffirmed during October 2016 site visits (Appendix H). 52. The consulted communities in Nanumaga and Niutao were also supportive of the project, and this was confirmed by site meetings with Kaupule and Women’s groups in October 2016 (as documented in meeting minutes in Appendices M and N). 53. Community feedback will be taken into account in the detailed project design. These items included request from the community elders to consider the strength of waves, environmental sensitive areas, and fishing grounds in technical designs and willingness of landowners to lease the sites among others. 54. Consultation and engagement with key stakehoders including landowners and surrounding communities during the PDA was continued. Information disclosure during PDA and project implementation are available in the Consultation and Participation Plan included in the Project Administration Manual.
20 VI. PROCESS OF SECURING LONG TERM ACCESS TO THE SITE FOR ASSOCIATED WORKS AND ROAD ACCESS
55. The project will comply with both ADB’s safeguard requirements and Tuvalu’s laws and regulations applicable to leasing of lands. The process of securing long term access to the site for the project as outlined in the Due Diligence Report prepared during the PPTA stage has been followed, and is discussed in further detail below. 56. Conduct of meaningful consultations with landowners and disclosure arrangements. The government policy is to appoint the island council (Kaupule) to lease the project site on its behalf. The government has continued to carry out meaningful consultations with the landowners, host communities, and concerned community organizations including women’s groups during PDA and implementation. The government, through the Kaupule, have informed all concerned landowners of compensation on lands affected by the project using the current market value. The PMU has also taken a lead role in the distribution of this information. The government has ensured community and landowners’ participation in planning, implementation, and monitoring and evaluation of the lease agreements, and the project team has contributed to this through its social specialists’ consultations. Particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, and women, was paid through engagement with NGOs and working with the Kaupule, women’s and youth groups. 57. Land lease. Guided by the Tuvalu Native Lands Act 8 and ADB’s Safeguards Policy Statement 2009, the government will lease land and other assets through a negotiated settlement based on meaningful consultation with landowners. The detailed government’s process on land lease is in Appendix D. A negotiated settlement facilitated by the Lands Department through the Island Council (Kaupule) and landowners will be paid adequate and fair price for land and/or other assets. The current government rate is AUD 3,000 per acre annually (schedule 2015-2019)9. 58. Nukulaelae. The Department of Lands developed a lease for use by the Kaupule to lease the land from landowners for the construction of the workboat harbour on Nukulaelae. The lease signing was undertaken on 23 March 2017 by PMU and the Department of Lands and the Kaupule. A copy of the lease used is attached in Appendix K with TPV and confirmation of lease payments. Lease payments were made on 16 May 2017 via the PMU. The project team engaged an independent external party to document the negotiation and settlement processes (para 62). Upon completion of construction, PMU will facilitate the preparation of drawings by Cardno for the long term operational lease agreements, which will comprise a smaller total footprint than the construction project. The PMU and the Department of Lands will facilitate the preparation and sign off of long term operational leases between the Kaupule and the landowners, for an initial period anticipated to be 25 years. Lease payments will be paid to landowners annually on 1 April at the government rate, currently $3,000/acre (subject to change) through the Department of Home Affairs’ operational budget. 59. Affected landowners will be given priority to employment in civil works where appropriate and required. As noted in some of the minutes from meetings in October, there is some interest in work opportunities (both formal and informal), and this requirement has been formalised in the construction tender Terms of Reference. 60. Compensation for affected assets, trees, crops, pig enclosures, etc. The landowners who own trees and other productive assets on the leased lands to be leased which need to be cleared are entitled to compensation to replace these assets. The compensation rates and amounts were
8 Native Lands Act provide a standard lease Agreement format that is normally used by government/ Kaupule or private leases when a land is enter into a lease.
9 This is the current rate used by the government to establish a lease agreement (the same rate adopted by Kaupule as they follow the government rate), reviewed every five years subject to result of agreed rate negotiated between government and landowners.
21 valued based on latest government valuation and are based on full replacement cost at existing market prices (see Attached Tree Compensation Report in Appendix J). No affected trees and crops have so far been identified outside the land to be potentially leased by the government. 61. Nukulaelae. Following comprehensive surveys of the project area, the trees to be cleared were identified. Compensation for the trees to be cleared was paid on 13 June 2017 via the PMU, and is documented in Appendix J. 62. Third Party Validation (TPV). The Lease process and negotiated settlement have been verified by an independent party, knowledgeable and widely respected in the community who is not related to the landowners or the government agency responsible for the project. A sample template, used as the basis for TPVs during this project, is attached in Appendix E. 63. For Nukulaelae, the independent third party was identified as Pastor Kalahati Kilei from Nukulaelae Church. The Pastor has verified that the negotiation undertaken with landowners has been fair, transparent, free of coercion based on the negotiation and settlement process undertaken. A signed copy of the TPV is attached in Appendix K. 64. A memorandum of understanding (MOU) and a Third Party Validation (TPV) for the negotiated settlement agreement between the Kaupule and the tenant of the Kaupule’s house on school grounds is attached in Appendix L. 65. Government approach. The government has no intention of obtaining the sites through compulsory acquisition process. It will not invoke its right to compulsory acquire privately-owned sites but instead it will obtain land through lease or negotiated settlement. Failure of negotiation would not result in compulsory acquisition. No construction will take place prior to finalizing the lease arrangement and compensation paid, which is now complete for Nukulaelae. Any other unforeseen or unintended impacts will be determined as per the ADB's SPS and Tuvalu government policy.
22 VII. GRIEVANCE REDRESS MECHANISM
66. The community will be informed of the Grievance Redress Mechanism (GRM) through a public awareness campaign and discussion with the Kaupule when the successful contractor has been appointed. The process of lodging a concern or complaint and contact details of the construction contractor (CC) and Project Supervision Contractor (PSC) will be posted on a public notice board. The community is encouraged to voice any concerns or complaints, and these are to be duly investigated and reported through to the CC. All grievances, complaints or issues raised will be lodged in a register maintained at the contractor's site office. These are included in the monthly progress reports from the contractor to PSC and PMU and are subject to checking by the PSC and monitoring by PMU.
Table 3. Procedures for Resolving Community Grievances
Step Process Duration 1 Affected Person (AP)/ takes grievance to the Project Supervision Any time Contractor (PSC) (representative of Cardno), Construction Contractor (CC), or the Kaupule. 2 Kaupule (Lands Court) reviews the issue, and in consultation with the 24-48 hours PSC and CC (if appropriate), then records a solution to the problem. 3 Kaupule reports back to AP and gets clearance from the complainant. 48 hours If unresolved 4 Kaupule takes grievance to the Ministry of Communications and 24 hours Transport (MCT) for resolution (Director of MCT) Decision within two weeks AND/OR 5 AP refers matter to the Office of the People’s Lawyer(OPL) 2 weeks 6 OPL investigates and submits recommendation 4 weeks 7 OPL reports back to relevant government agency/AP 2 weeks If unresolved or if at any stage and AP is not satisfied with progress AP can take the matter to appropriate national court. As per judicial system
67. The above process, developed in conjunction with the PMU, will be used to address the issues and concerns that an affected party (AP) may have. The process is relevant to all subproject sites. The key point of contact for the AP will be the Kaupule, who will liaise directly with both the CC and the PSC. The CC will receive and document all matters and issues of social concern from the local community and forward copies of all grievances to the PSC and PMU, which will operate under the Executing Agency (MCT). 68. Given the remote location, the small number of construction workers and the small size of the communities involved, it will be expected that there will be full and free access to the site- based Project Supervision Contractor (PSC) to raise any issues of social concern as a result of the construction works. All efforts will be made to address any community or individual concerns in a timely and transparent manner and without retribution to the affected person to minimise any impacts that may affect project implementation.
23 69. For concerns such as damage to trees or food gardens i.e., taro plots without permission or compensation, the AP will discuss this with the Kaupule, who will then raise the matter immediately with both the contractor and the PSC, if unresolved at the project site. If the concern can be addressed without delay, and the outcome is satisfactory to the AP, the matter is closed. The contractor will provide a Corrective Action Report to the PSC as soon as the complaint has been resolved. 70. For more extensive complaints such as damage to buildings or land issues such project/contractor’s encroachment on someone’s land, the AP will make a formal written statement to be delivered to the Kaupule, who will forward this to the CC. The CC will document the complaint and forward a copy to the PSC and PMU. The complaint must be attended to within 24 hours of the complaint being lodged. The timing and manner in which it will be resolved will be conveyed to the AP by the Kaupule within 48 hours. The contractor will provide a corrective action report to the PSC as soon as the action has been taken. 71. If the complaint is not resolved by the contractor or PSC to the satisfaction of the AP, then the Kaupule will forward the complaint directly to MCT, and with a copy to the Ministry of Home Affairs. The matter will be addressed with due consideration to the seriousness of the complaint and be carried out promptly. The MCT will attend to the complaint within 24 hours and advise the Kaupule how it will be addressed. MCT will make a decision within two weeks. The AP may, if so desired, discuss the complaint directly with PMU or its representative at a mutually convenient time and location. If the complaint of the AP is dismissed, the AP will be informed of his/her rights in taking the complaint to the next step. However, every effort will be made to resolve the issue to the mutual satisfaction of both the parties. 72. Should this process not resolve the matter, then the AP or the OPL can take the grievance to the Tuvalu Judicial System. The filing of the grievance will be at the AP's cost, but if the court shows that PMU has been negligent in making their determination, the AP may seek costs. 73. Nukulaelae. As at the end of the PDA and pre-construction phase for the workboat harbour, there have been no reported grievances regarding the lease or tree compensation processes. 74. Niutao and Nanumaga. As at the end of the PDA and pre-construction phase of the new boat ramps at the existing sites, there have been no reported grievances.
24 VIII. INSTITUTIONAL ARRANGEMENTS
A. Responsibilities to Monitor and Update the DDR
75. MCT is the executing agency responsible for overall guidance and project implementation. T h e P M U , headed by a Project Director, implements the project and is responsible for overall planning, management, coordination, supervision, and progress monitoring of the subproject including the updating of the DDR and its implementation. Any unanticipated issues will be dealt with in accordance with ADB’s Safeguard Policy Statement (2009) and Tuvalu applicable laws and policy. The PMU ensures compliance with assurances, including safeguards and updating and submitting the DDR updates. An intermittent international and national social safeguards specialists were recruited to assist the PMU in updating this DDR during PDA stage. Construction on private-owned lands will not commence prior to the payment of compensation for the lease of land and other assets. The project progress report will include safeguards monitoring and reporting if required. 76. Nukulaelae. The PMU worked together with the Ministry of Communications and Transport, Department of Lands, and the Kaupule in securing formal lease agreement with the landowners in the project sites, and finalised tree surveys and payment for trees to be cleared. (Appendix J). Note that a number of versions were issued prior to this final, agreed version as presented in the Appendix. The PMU and the PSC have a responsibility to identify any additional issues affecting landowners during construction, and update the DDR to reflect the findings as necessary. 77. Niutao and Nanumaga. No landowners have been identified as affected by the construction of the new boat ramps at the current sites on Niutao and Nanumaga. The PMU and the PSC have a responsibility to liaise to identify any additional issues affecting landowners during construction, and update the DDR to reflect the findings as necessary.
25 IX. Implementation Schedule
S.N. Activities Timeline Responsibility/ In-charge Status
1 Confirmation of land requirement based July - August 2016 PDA Team (Technical & Complete on detailed design Social)
3 MCT informs DOL/DOL informs Kaupule July – September 2016 Project Steering Committee Complete of project and scope MCT Department of Lands
4 Land survey and draft Lands Survey September 2016 MCT (delegated to Dept of Complete initial findings/report. Lands and Survey) / Review by Social Team to enable Kaupule summary for presentation of main PDA Team Social and findings to communities during site visit. preparation for presentation of findings to community.
5 Submission of Lands Survey report to October 2016 Department of Lands and Complete government for approval Survey
6 Community engagement to inform and October 2016 (site MCT/PMU Complete consult community of project progress visit) Lands Tribunal and identify social impacts. PDA Team Presentation to landowners and (Social/Technical) community of land survey draft report, document questions and concerns with deadline for responses.
7 Negotiation between Kaupule and October 2016 (site Department of Lands on Complete landowners on compensation for land, visit) behalf of MCT and GoT / crops and other non-land assets Kaupule Documentation of (free, prior, informed) PDA Team (Social) consent.
8 Update of DDR Following lease PDA Team (Social) and Complete signing. Project team
9 Lease Agreement preparation March 2017 Department of Lands Complete
10 Signing of land lease April-May 2017 Kaupule / Landowners Complete
11 Payment of land lease and April-June 2017 PMU/Ministry of Home Complete compensation to crops and other non- Affairs land assets
12 Submission to ADB of compensation June 2017 MCT/PMU In Progress completion report
13 Handover of site to contractor Est. August 2017 MCT Scheduled
26 X. BUDGET AND FINANCING 78. Following the PDA, the GoT, through the Lands Department, will secure required budget to continue to service the leases on the Nukulaelae project site from its annual budget allocation or other sources for the continuation of construction and subsequent operational leases on Nukulaelae. No other ongoing or non-land asset payments are required to be paid. The leases paid to date cover the period of one year of construction to April 2018. It is estimated that further construction lease payments will be required, followed by a smaller footprint of operational leases.
27 APPENDICES
Appendix A. Funafuti Workshop Minutes of Meeting April 2016 Appendix B. Nukulaelae Minutes of Meeting April 2016 Appendix C. Nukulaelae Minutes of Meeting May 2016 Appendix D. Procedures for Leasing of Project Site Appendix E. Template for DDR 3rd Party Validation Appendix F. Photos of Community Consultations (available upon request) Appendix G. Tuvalu Native Lands Act Appendix H. Nukulaelae October 2016 Meeting Minutes Minutes of Nukulaelae Kaupule Meeting October 2016 Minutes of Nukulaelae Women’s Meeting October 2016 Minutes of Nukulaelae Youth Meeting October 2016 Appendix I. Record of meeting with Nukulaelae tenant in house affected by construction (on School lease grounds) October 2016 Appendix J. Tree Compensation Survey Report March 2016 Appendix K. Sample Lease & Third Party Validation (TPV) Kaupule / Landowners Signed form for agreement between Nukulaelae Kaupule and Landowners (In support of lease process up to and including lease signing) Appendix L. MOU and Third Party Validation (TPV) Leaseholder / Kaupule Memorandum of Understanding and Third Party Validation forming agreement between Nukulaelae Kaupule and tenant in house on school grounds regarding relocation. Appendix M. Nanumaga October 2016 Meeting Minutes Minutes of Nanumaga Kaupule Meeting October 2016 Minutes of Nanumaga Women’s Group Meeting October 2016 Appendix N. Niutao October 2016 Meeting Minutes Minutes of Niutao Kaupule Meeting October 2016 Minutes of Niutao Women’s Group Meeting October 2016
28 Appendix A. Funafuti Workshop Minutes April 2016 & Nanumaga Kaupule Letter 9 June 2016
29
30
31
32
33
34
35
36
37
38 39
40 Appendix B. Nukulaelae Minutes of Meeting Endorsing the Workboat Harbour Project (24-25 April 2016)
41
42
43 Appendix C. Nukulaelae Meeting Minutes (May 2016) TA8925-TUV: OUTER-ISLANDS MARITIME INFRASTRUCTURE PROJECT (OIMIP), TUVALU
MINUTES OF CONSULTATIONS ON NUKULAELAE ISLAND TO DISCUSS PREPARATORY NEEDS FOR THE CONSTRUCTION OF A PORT HARBOR ON THE ISLAND.
MEETING 1 10.30AM, TUESDAY 31 MAY, 2016 VENUE: KAUPULE CHAMBERS Attendees: Project team (Vete P. Sakaio [PMU], Puscinelli Laafai, Jo Buldeski) Taasi Pitoi (Director of Marine, MCT) • Nukulaelae Pule Kaupule and Kaupule members (see attached attendance sheet, Attachment A)
SUMMARY RECORD OF DISCUSSIONS
1. Pule Kaupule welcomed participants, especially the visiting team, noting the visit is most welcomed as – since the first project team visit the month before (April) – the people have really looked forward with hopes for the quick implementation of the project on their island.
He then invited the team to lead the discussions.
2. Vete Sakaio responded on behalf of the visiting team and highlighted the urgent need to finalise a decision on the site for the project (port harbour) as time is of the essence for preparing the project document to the ADB. He then led the discussions through the order of the presentation (hard-copy hand-outs) he had prepared.
2.1. Recapping on agreements from the April visit, the participants confirmed the consensus on:
a. The project to be located at the south-west end of the main settlement Fangaua;
b. The project scope, subject to further investigation and funding availability is to include –
i. Dredging of a new channel;
ii. Construction of a workboat wharf, breakwaters, an access road, transit shed; emergency shelter; a boat ramp; a mooring buoy; a crane truck and other necessary facilities;
iii. The entire island community, had pledged total support and commitment for the project.
c. Vete updated the meeting regarding the emergency shelter and mooring buoy, that they have been removed from the project because of the lack of funds to cover all, and the fact that they alone cover most of the funds for the other necessary smaller items.
2.2. Vete then focused discussion on the 3 options for possible sites for the project 1A, 1B and 1C that Dominic provided. He explained the main considerations between the 3 options: potential for future expansion/development and related construction cost.
• 1A has limited potential and slightly expensive in terms of construction;
• 1B has some potential for future development but also slightly expensive in terms of construction;
• 1C has good potential for development and also slightly cheaper construction costs than the other options.
The project team’s preference for Option 1C was also made clear to the meeting.
44 • Two women spoke in support of Option 1C. They were backed up by two male speakers and the Pule Kaupule.
• One man explained that site 1C normally has rough waves and therefore quite dangerous.
• Male speakers who originally supported the option 1C responded saying that all sites are subject to strong and huge waves but option 1C would be better as it has a shorter channel therefore easier for boats to quickly get through the entrance to calmer waters up-channel towards the landing.
After further inconclusive discussions about the dangers of large waves along the breakers of the 3 options, and other details of the proposed shore facilities, the Pule Kaupule advised that it would be best to visit the sites first then come back to finalise a recommendation to take to the Falekaupule – council of chiefs. This was agreed and every one made their way to the sites.
At the sites all agreed to the general layout of the 3 options against each option proposed in the drawings. The men especially brainstormed the issues of available land for shore facilities, location of the rubbish dump, access road and grave sites etc.
After the site visit the participants reassembled at the Kaupule chambers at about 1.30pm and discussed the details of the project infrastructure:
3. The Transit Shed was approved, and preferences expressed included the following
a) Size to be 15m x 10m and generally open;
b) have a partial enclosure for sick/elderly/patients for transport to hospital in case of inclement weather;
c) A rainwater tank or other source of water and toilet facility;
d) A high clearance to allow crane truck park when not in use;
e) Conform to CRPD requirements (ramp for disabled wheelchairs etc.)
f) Have a counter for use by women, for example for selling drinks and snacks or markets upon boat arrivals and departures
g) A warehouse section that is lockable. If not possible as part of the transit shed, the participants would ideally like to see a separate warehouse to be constructed to cater for bulky building materials like cement, concrete blocks, timber and steel products etc. Participants all agreed to the need for such a warehouse and assured that land will be made available for a warehouse to be built.
4. Ramp for fishing boats. This is also totally supported with the use of Fleximat to be trialled/introduced but certainly not Mobi Mats that need tractors to fold and unfold.
5. Parking area for fishing boats. Also supported and agreed of an area of approximately 20m x 10m or smaller would be sufficient.
6. Access road. Pule Kaupule acknowledged that community asked for the complete road from the village to the end of the islet, and that ADB to date declined as too expensive and not closely aligned to the objective of the project. He asked if the roads to the fish market centre and the primary school could be considered to be prioritised for partial improvement.
7. Regarding the use or place to store the dredged material, the following options/issues were discussed:-
i. Possibility of a stone crusher to crush the spoils for construction aggregate;
45 ii. Use as coastal protection material. An existing site that needs protection material was recommended. There was also general agreement to keep them somewhere until perhaps a crusher becomes viable or there is urgent need for coastal protection around the main settlement.
iii. Capt. Taasi Pitoi reminded and cautioned the participants to consider this issue carefully as during the Ship to Shore Project the question of land space to stockpile the dredged material became a problem. And to use it for coastal protection may result in the material being carried by storm surges onto the land possibly causing damage to houses.
The final consensus was to use the material for coastal protection (when dredged materials is too much to be deposited on Land). However, when dredged material from passage is used for coastal protection, the coastal protection is to be an engineered design structure otherwise the materials will become flying projectiles shooting off from the coast as this had happened in Nui Island during TC Pam.
b. Quality Coral. Participants were asked about the quality of the coral in the vicinity of the project area. Participants say marine environmentalists believe Nukulaelae is composed of coral derived from polyps that is not quality coral.
8. Crane truck. The preferred crane truck size is 3 Tons.
9. Additional Issues discussed: a. Longshore drift: islanders reconfirmed the fact that the most noticeable drift occurs from the northern end of Fangaua from a fast flow from within the lagoon around the tip of the islet and down south on the ocean reef flat, but dissipates as it approaches the project sites area. b. Site for camp of the construction company’s workers. The general agreement was to locate it next to the primary school. c. Navigation aids. To be positioned along the channel but on the reef flat but at a safe distance away from the edge of the channel. d. Vertical Levels. None experienced on the island. e. Levels of sand banks etc. These are hard to determine as the natural shift of sand occurs quite frequently and in different locations. f. Protection wall around the jetty shore end. Explained that a protection wall will run on either side of the jetty (abutment?) for some 50m or more, depending on the topography of the site. g. At Site 1C there is no need to relocate the rubbish dump. h. An old grave could possibly be in the leased area for 1C, as well as an abandoned home that is not suitable for use. The grave was discussed with the land owner and he is happy for it to be moved, as it has been 10 years and they will wish to relocate the bones closer to their home as is the cultural process. i. There is no danger to the Critically Endangered Hawksbill turtle as they cannot reasonably be expected to lay eggs on this rocky side, and amidst all the human activity around the area. j. There is general concern about cutting too many trees. k. Community would be happy if someone could install a buoy for use by government boats in the future.
10. New infrastructure items requested by the community:
a. Solar lights to be installed on the wharf/jetty as well as on shore facilities.
b. Fencing of the leased shore area to guarantee some privacy and avoid theft of materials.
AFTER THIS SECOND MEETING THE GROUP PROCEEDED TO THE COMMUNITY HALL FOR A MEETING OF THE FALEKAUPULE TO DECIDE ON THE SITE FOR THE PROJECT.
46 Meeting 3
Venue: Avafoa 3 Falekaupule Time: 1500 hrs. Present: Island Chief, the Deputy and about 18 heads of households that also include the Chief Kaupule and Kaupule members.
In attendance: Vete Sakaio, Taasi Pitoi and Pusinelli Laafai
Proceedings
The Pulefenua (island chief) welcomed all members present and asked for their cooperation in resolving the issue of agreeing to the site for the project. He introduced the project team and asked Vete to assist elaborate on the mission. 1. Vete paid his respects then summarized the 3 options, but also noting in particular the project’s preference for site 1C. 2. The Pule Kaupule supported and with his knowledge of the landowners around Site 1C, pointed out the landowner by name, which made referencing to each site easier for the other elders who did not participate in the site visit etc. 3. Five elders spoke in support of 1C as it is deemed as the most appropriate by the contract engineers (Cardno). 4. One young elder reflected on possible environmental damage from the longshore drift and suggested a long jetty straight down from the existing ramp in the village, to connect to a harbour 400 metres away on the reef flat. [The idea can be attributed to a designed sketch proposed by Dr. Uschi Kaly for this particular area. 5. Other elders believe that the longshore drift dies out long before the south-end area for the project at 1C, therefore cannot have any environmental impact than it now has along the shore towards the main settlement. 6. A few more elders spoke in support believing that this area has been confirmed by environmentalists (principaly Dr. Kaly) as the only option for construction of a harbour for Nukulaelae. 7. The island chief summed the discussion and put the motion for a vote by show of hands. The overwhelming result was 17 votes. 8. The Pulefenua thanked everyone for their participation and contribution, and reminded the elders that it is now also their responsibility to cooperate in making the project a success. No other business was called and the meeting ended at approx 1530hrs.
47 Appendix D. Procedures for Leasing Land for Project Site by Government Stage of Lease Process Institution Projected Cost Frequency responsible for Process Stage 1
Application to DOL to start the lease process. Government agency to send a request letter to Ministry of Civil No costs involved. Once DOL. Aviation and Transport (MCT) Initial Meeting Department of Lands Parties interested in leasing meet and discuss (DOL) their requirements. Stage 2 The fee is $10 Once DOL informs Kaupule of project and scope. Lands Court administration cost. Stage 3 Survey & Mapping of Proposed Lease Area For outer islands Leasing parties present a draft MoU or similar to this may cost the Lands Court Clerk (on all islands including Lands Court something in Funafuti). The Lands Court will appoint time to fares and visit the proposed lease site with the parties. Department of Lands allowance for surveyors, as After the visit, the Lands Court will allow opposed to cases sometime, normally a week for any claims to the on the capitol proposed lease. After expiry of that allowance Funafuti. These the Court will invite the Dept of Lands and costs are Survey to provide proper legal boundaries for claimable after the lease 'a lease plan'. completion of a case.
Stage 4 Lease Agreement preparation
The 'lease plan' is forwarded by the Lands Court to a legal practitioner or government attorney to Lands Court produce the lease agreement (normally a template exist in the Office of the attorney Attorney General’s General). Office Stage 5
Signing of the Agreement Lands Court The parties are summoned to sign the agreement, after having sighted the document before this signing. Stage 6 Department of Lands & Annually Payment of Lease Ministry of Finance Stage 7 Payment by Lessee to AUD 3,000 per Annually Payment of Annual Land Rent by Lessee to Lessors. acre annual rent Lessors
48
Appendix E. Template for 3rd Party Verification Letter
We provide the independent verification of the Memorandum of Agreement (MOA)/Lease Agreement signed on ______(date) between the Kaupule (on behalf of the Tuvalu Government) represented by the ______and landowners of ------(address of landowners) on the use of ______acre of land for ______under the ______(the Project) that (i) the landowners support the Project and its activities and have agreed to provide affected land through lease; (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 land, and (iii) terms and conditions of the MOA/Lease Agreement have been explained to and understood and agreed by the landowners. The verification is based on our independent:
• Validation that consultations with the landowners have been undertaken and that they were provided with relevant information as per the Due Diligence Report and other project documents; • Validation that the agreement is voluntary and that the landowners have fully understood and agreed to the agreements’ terms and conditions; • Validation that the landowner representatives signing the agreement duly represent the landowners or the lawful owner/s of the land; • Validation that landowners or any other users/occupants will not experience major adverse impacts from land use by the project; • Validation that any minor impacts have been identified, sufficiently addressed and documented by the project; • Validation that compensation (if required by MOA) represents a fair and reasonable replacement cost based on market prices; and • Validation that the agreement is in compliance with applicable laws of Tuvalu as well as safeguard requirements stipulated in ADB SPS (2009).
Signature: Date: Name of Verifier: Official Stamp (if applicable):
49 Appendix F. Photographs (available upon request from ADB)
50 Appendix G. Tuvalu Native Lands Act
51
52
53
54
55 Appendix H. Nukulaelae Minutes of Meetings held in October 2016
TUV Outer Island Maritime Infrastructure Project, Nukulaelae Site
MINUTES OF KAUPULE MEETING
Kaupule Office, Nukulaelae, Thursday 13 October 2016
I. INTRODUCTION 1. At 9.20 a progress meeting with the Nukulaelae Kaupule started (as per attendance sheet) with PMU representative Vete Palakua Sakaio, MCT representative Taasi Atoi, and Cardno PDA Social Consultants Jo Buldeski (Cardno Social Safeguards Specialist) and Amosa Taui (National Social Safeguards Consultant) present. 8 attendees from the Nukulaelae Kaupule attended, 7 men and 1 woman, including the Island Chief and deputy Chief, the acting Kaupule Secretary (female), and the incumbent Kaupule Secretary (currently on leave).
II. PURPOSE OF MEETING 2. The purpose of this meeting was to update the Nukulaelae Kaupule of progress on the project, show the design to date, to provide an opportunity for participants to ask questions, and to get agreement on the issue of the affected house that is located outside of the project area (on school grounds).
III. DISCUSSION 3. Vete began the meeting with a brief update on the purpose of the visit, which is two fold. Firstly, the technical studies (environmental and coastal) were being undertaken on the project site while the meeting was taking place. Vete explained the importance of these studies to the project, as they will ensure the project is technically well informed, as well as meets all the ADB environmental safeguards. The second purpose was to undertake the stakeholder and community engagement – to meet social safeguards, the stakeholder engagement plan, to develop the gender action plan and to more generally inform the community about the progress of the project and get agreement on a number of key issues.
4. Kaupule informed the team that the President of the Kaupule had not yet been appointed and the Vice President was unwell. The Deputy Island Chief of the island was present at the meeting.
5. Vete explained that a key point he had to explain was that he had been advised that the leases for the project area had to be undertaken directly between Kaupule and the landowners. The Kaupule would then need to seek the compensation as per the survey report (for trees and assets affected by the project) from the Department of
56 Home Affairs, from the $2 million that the Government of Tuvalu has allocated as their contribution to the project.
6. Vete advised that the initial leases are to be only for the construction period of 3 years only. The operational long term leases would be progressed closer to project completion.
7. Vete advised leases will be drafted and developed by Vete and the government, and provided to the Kaupule as a template.
8. Collin (Kaupule Secretary, currently on leave) asked who will pay for damages to other areas / assets from construction. Vete explained that the Environmental Management Plan (EMP) is a part of the contractor’s responsibility, and that document identifies risks and mitigation strategies to avoid any damages as far as possible. The project has also committed to engaging a Civil Engineering Supervisor for the works, and Vete will act as an inspector to ensure that works are being carried out safely and with minimal impacts outside of those identified in the preparatory studies and EMP.
9. A Kaupule member asked what would happen to the pig pens in the project area. Vete explained that these would be removed and moved to alternative lands identified by the landowners as they desired.
10. The issue of the Kaupule house, currently being rented to a teacher, outside of the project area but on the school property adjoining where the existing road will be widened and a new road will be built (see Figure 1 below) was discussed. He noted there are two parts to this: the house, and the ‘shed’ structure. It was explained that according to the designers, the shed structure would be ideally moved elsewhere for construction, and the Kaupule willingly agreed to make this happen.
Figure 1. Teacher’s house outside of identified project area (Looking towards project site)
57 However with the house, Vete explained that there were three options, as the structure will be uninhabitable by a tenant during construction, and with existing plans, will not be suitable for inhabitation after project completion.
Option 1: The Kaupule can choose to donate this voluntarily to the project and demolish without compensation. It was noted that this would be the loss of an income making asset for the Kaupule, however this would also be the most expedient option for plans to move forward in their current form.
Option 2: The Kaupule can choose to demolish this house in exchange for compensation in an arrangement called a ‘negotiated settlement’ by the ADB. The Kaupule expressed their preference for this, with two potential forms of compensation, listed below from most desired: a. In exchange for a forklift. The Kaupule secretary expressed the island’s need for a forklift and how much it would help the island, especially after the new wharf was operational. b. In exchange for the renovation of the two houses that the Department of Health began to build further back towards the school (to the north west of the existing teacher’s house and project site, approximately 50-100m away). The Department of Health constructed these, intended as ‘isolation/quarantine’ wards, but abandoned them unfinished. Roofing, foundation, and walls are complete, but would require windows, doors, plumbing and other fixtures. See Figure 2 for photos of the houses. These houses were suggested as possible locations for the teacher’s relocation, but the situation with the Department of Health and their intentions would need to be resolved first.
58
Figure 2. Existing unfinished Dept of Health Houses
Option 3: The house is left (although the teacher is relocated during construction), to be potentially used as a resource for the contractor, however due to the impacts anticipated, the PDA consultants would need to undertake some minor redesigns to minimise impacts to the house, so that the house could still be inhabited after construction.
Vete explained that Shige from ADB is the only person who can decide if the project budget can allow for any of these options, so they will be forwarded and Shige will be required to make a decision. Kaupule are to be advised of the decision as soon as it is made.
It was reiterated that the teacher would be required to be relocated before works started. The Social Safeguards consultants were meeting with the school teacher in the afternoon to get the information required by the ADB, and to gain a full understanding of relocation impacts. These would be reported back to Kaupule and to the ADB for the safeguards due diligence.
11. A Kaupule member asked if a VHF radio could be included in the package of works to assist with shipping guidance and communications. Vete advised that Shige would have to confirm. He reiterated that Shige is the only person to make decisions on the budget and the scope of the project, and that the budget is already very tight, so the project team is working to fit the full scope of works within budget. Should costs and the contractor tenders come in over the budgeted estimate for construction, the project might need to go through a full project justification process with ADB in which it is treated similarly to a new project, causing delays in the project construction.
12. A Kaupule member asked if all trees were being removed from the leased property. Vete explained that only those that are absolutely necessary to remove will be removed, with efforts made to retain as many of the trees as possible.
59 13. The Kaupule were asked about fishing around the project site, and if it was a known good fishing spot. A number of people responded that it was an active fishing spot, suitable and often used for both rod and boat fishing. Mainly reef fish were caught, with an example of red snapper often being caught there. Vete expressed that the experience on other islands is that fish populations often increase in a channel after construction is finished.
14. Summary of Discussions
Item Discussion/Issues Agreement (What, How, Responsible Status When) (Done/Pending)
1. Leases to be undertaken Understood and accepted by Kaupule to Understood. directly between Kaupule and participants. complete leases
individual landowners. Kaupule with individual then to apply to Department of landowners. Home Affairs for compensation Kaupule to (pending survey report). contact It was noted that initial leases Department of are to be for 3 years Home Affairs for (construction period) only. processing of Subsequent operational leases compensation. will be progressed closer to project completion.
2 Vete Palakua Sakaio will Vete will produce draft lease Vete Palakua Completed and provide draft lease templates. templates to be approved by Sakaio signed Dept of Lands and Dept. of Home Affairs and forward to the Kaupule Secretary.
3. Damage to environment and Understood that the contractor Contractor (to be Understood areas/assets not under lease will be responsible for engaged) from construction. implementing a comprehensive Environmental Management Plan (in association with a Supervisor and Vete acting as inspector) to avoid any damage. Any claims of damage to be managed through a grievance mechanism to be implemented by the contractor.
4. Pig pens (built assets) in the Pig pens will be removed and Vete It has been construction project area re-constructed at alternative confirmed that there sites as instructed by are no pig pens in landowners. The system by the project area. which this will happen, and the matter of supplies such as concrete, is to be confirmed.
5. The issue of the house outside The project team to check with Vete / Project Project team of the project area that will still ADB if compensation was Team discussed with
60 Item Discussion/Issues Agreement (What, How, Responsible Status When) (Done/Pending)
be affected (on school grounds) possible for the community’s ADB. ADB advised and currently rented by a preferred option. that there is no teacher and her family. The budget for Kaupule to be advised of community expressed their compensation for ADB’s decision. preference for (a) a forklift, or this house. As a (b) the potential renovation of result, technical two partially built houses (Dept project team of Health) in exchange for the undertook design demolition of the house. The changes to best two alternatives were for the protect property house to be voluntarily donated from impacts to the project for demolition, but (flooding, water there was little support for this. flow, drainage, etc.) It was stated that there and demolition of appeared to be little to no property not project budget for required. compensation. The final option Negotiated presented was that the house settlement for was left standing, the teacher to suitable relocation be relocated during construction of school teacher is (discussed in item 7 of this table complete below), and design changes to be undertaken to minimise impacts to the house so that it would still be inhabitable following construction of the project.
6. The teacher’s relocation was A meeting with the Cardno project Meeting undertaken discussed. schoolteacher was to be team / Social and documented in undertaken following this Specialists minutes for that meeting and documented to meeting. understand the impacts of the Preliminary relocation. Kaupule to be kept agreement reached informed and their agreement between school (as well as the school teacher and teacher’s) to any proposed Kaupule on solution will be required to relocation. progress. Documented into an Once a solution is identified, MOU and a TPV an agreement must be template and signed documented between Kaupule by Kaupule and and the school teacher, school teacher and verified by an independent verified by Third third party validator (the Party Validator that Church Pastor has been the agreement is nominated). Cardno will based on free, prepare this draft document for informed consent. Kaupule and school teacher to sign.
7. Request for VHF radio to be Project team to submit request Vete to submit Considered by team included in project to ADB however highly request to but ADB and project budget/design. dependent on budget. If ADB/Project team. team ultimately
61 Item Discussion/Issues Agreement (What, How, Responsible Status When) (Done/Pending)
budget is exceeded, the determined that project will have to be limited budget resubmitted as a ‘new’ project, would not allow for and this may cause delays. this additional item. Kaupule to be advised of outcome of request.
8. Tree clearing Only the trees that are Project team / Understood. absolutely necessary for Contractor construction will be removed, with efforts made to retain as many trees as possible.
Meeting closed 10.10am
62 Attachment Meeting Attendance Sheet
63 TUV Outer Island Maritime Infrastructure Project, Nukulaelae Site
MINUTES OF WOMEN’S MEETING
Kaupule Office, Nukulaelae, Thursday 13 October 2016
I. INTRODUCTION 1. At 13:30 a meeting with Nukulaelae women started (as per attendance sheet attached) with Cardno PDA Social Consultant Jo Buldeski (Cardno Social Safeguards Specialist) present. A decision was made, based on the advice of the Gender Officer (Department of Culture) in Funafuti to not have any males present10. Ten (10) women from Nukulaelae attended, including one Kaupule member, and the women’s council leader and deputy leader.
II. PURPOSE/AGENDA 2. The purpose of this meeting was to increase women’s participation and ensure that the women of Nukulaelae were informed of the project and had the opportunity to have their voices heard on the topic of the project and related perceived challenges and opportunities specific to women.
III. DISCUSSION 3. Jo (Cardno Social Safeguard Specialist) introduced herself, the project and the estimated timeline for delivery and asked for any comments, questions, or concerns specific to the women present. The presence of toilets, undercover passenger area, and an area where women could set up stalls were all identified in the design. A majority of attendees were not fluent in English and Semolina (Kaupule member) assisted in the translation of the discussions.
4. One participant asked about the presence of solar (or other) lighting in the area. The Social Consultant advised that there has been discussion of solar lights in the area but this needs to be confirmed in the final design. This was agreed to be an important safety factor particularly for women using the area at night.
5. One participant asked if there was a possibility for a freezer to be included in the project. The reasoning for this was that the new wharf is a fair walking distance from most of the houses on the island, and so many food stuffs that may be taken on the ships may need refrigeration while waiting for transport to or from the boat, including fish and other foodstuffs, which, if not stored appropriately, could pose significant
10 It is noted that following the meeting, one participant expressed disappointment to Vete Palakua Sakaio (PMU) that Amosa was not present, as a majority of women’s group attendees were not fluent in English. It has since been agreed that Amosa will attend the women’s meetings, and that the important factor is that no local males are present to prevent participants from expressing their opinions. As Amosa is from Vaitupu, it expected that his presence will be more beneficial than not in the women’s group meetings, with many older women in the outer islands not fluent in English.
64 health risks. They could also store items like ice blocks for sale for people arriving and departing from the wharf.
6. One participant asked to confirm that there would be separate male and female toilets for modesty and safety. The design is not clear, however this request follows similar advice provided by the Gender Officer in which the Social Consultants were told that if possible, male and female toilets should be as far apart as possible (based on design constraints) to reduce risk of gender based violence. We advised the women’s group that we would pass on these requests and advice to the design team to confirm.
7. Jo asked if there was any interest in participating in any work opportunities. There was consensus that work opportunities would be welcomed, but that there were limitations on the kinds of jobs that women can undertake. The participants suggested that they could participate in the collection of rubbish during preparation and construction, clearing the areas with men, relocating pig pens and other removable assets, planting/replanting where possible, and cooking and washing for construction. Some of the younger members also expressed an in learning new skills (administration, first aid, workplace health and safety) if there was opportunity to do so.
8. A number of participants then raised their concerns about alcohol use on the island when the contractors start. Currently alcohol use/abuse on the island is limited to a small number of people but they are rarely troublesome, however there are fears that contractors may bring alcohol to the islands, increasing local consumption as well as contractors potentially abusing alcohol while on the island and increasing risks of health issues, violence (including gender based violence), and general disruption to the peace of the island. The Social Consultant discussed the potential inclusion of clauses for limiting alcohol consumption on the island by contractors in the contracts/tender documentation, to be discussed with the design team and PMU.
9. A participant expressed their concern about on-site works occurring on Sundays, when the day should be committed to worship. It would be disruptive to the church services and other church-related activities, and the women asked if the possibility of no work on Sundays could be explored. Jo confirmed this would be raised and discussed with the design team and PMU for consideration for inclusion in tender documentation and/or contracts.
10. One participant asked about the design and if it was designed to allow for pregnant women and the elderly to more easily access the boats. The design was explained and that the wharf would be significantly more accessible than current boat ramp, including the fleximat which should reduce slippage.
11. One participant asked about security at the new facility. It was explained that the Kaupule will assume responsibility for overall operational security and safety of the
65 constructed infrastructure. The Social Consultant explained that the team had met with Police, who had advised that the Kaupule would need to draft a bylaw for them to then enforce through their police and the Special Constables on Nukulaelae. This was understood by the participants.
Meeting closed 14.05pm
12. Summary of Meeting
Item Discussion/Issues Agreement Responsible Status (What, How, When) (Complete/Pending)
1. Solar lighting in the Project team explained that Design team Complete. Solar lighting design. there was solar lighting in the to include included in design and design. Would request that its solar lighting in drawings. presence be included in the design for design drawings for clarification. clarification.
2. Request for a freezer. Social consultant explained that Project Considered by team but there was limited budget, but Management ADB and project team The purpose of this is to that the request would be team to ultimately determined ensure cargo that needs passed on to the project consult with that limited budget would refrigeration/freezing management team / ADB team ADB about not allow for this (e.g. fish) could be stored who controls the budget. inclusion of additional item. safely while waiting, as freezer in distance of new site from scope for use residential village is by women’s further than to existing group. boat ramp. Also would provide a business opportunity to sell ice blocks etc. to arrivals and departures.
3. Separate toilets. Social consultant confirmed that Design team. Separate toilets have separate male, female, and been included in the Asked about the disabled toilets were in the design, both male and provision of separate design. female facilities are also male and female toilets sized to meet disability for modesty, safety, and requirements. to reduce risk of gender based violence. Design team considered the provision of additional disabled toilets between the men’s and women’s toilets to improve modesty and safety outcomes. Unfortunately the proposed design did not suit the access available, but the existing male and female toilets were redesigned to allow for access by disabled users.
66 Item Discussion/Issues Agreement Responsible Status (What, How, When) (Complete/Pending)
4. Work opportunities. Participants expressed interest Project team Complete. This in participation in small ‘project- drafting tender requirement was based’ tasks such as assisting documentation documented in the Terms with clearing areas, collection of & contractor. of Reference for the rubbish in preparation and construction contractor, Kaupule, during construction, and cooking and details can be Construction and washing if desired. negotiated directly with Contractor and the successful contractor Some younger members Construction once appointed. expressed interest in learning Supervisor to new skills through the project ensure (e.g. administration, first aid, agreement. workplace health and safety) if opportunities were provided.
5. Concerns about alcohol Social consultants noted that Project team Complete. This presence and use by they would raise the possibility drafting tender requirement (limiting contractors during of having clauses minimising documentation alcohol use and requiring construction and contractor alcohol use on the & contractor. compliance with Island influence on local island with the project team for bylaws) was documented Kaupule, population. There is consideration during tender in the Terms of Construction limited alcohol use and documentation and negotiations Reference for the Contractor and abuse on the island, and with contractor. Also note construction contractor, Construction associated health issues, compliance with Island bylaws and details can be further Supervisor to violence, and general when on island. negotiated directly with ensure disruption to lifestyle. At the successful contractor agreement. the very least, all Island once appointed. by-laws (such as no drinking on Sundays) should be abided by all workers.
6. Expressed concern about Social consultants noted that Project team Complete. This potential work on Sundays as they would raise the possibility drafting tender requirement (Sunday could be disruptive to of having a clause of no documentation works) was documented church services, and construction on Sundays with & contractor in the Terms of should be a day of the project team for Reference for the Kaupule, worship. consideration during tender construction contractor, Construction documentation and negotiations and details can be further Contractor and with contractor. It is noted that negotiated directly with Construction this will be highly influenced by the successful contractor Supervisor to the project schedule/ deadline once appointed. ensure and may not be possible. agreement.
7. Question about the The design was shown, with Project design Complete. Vete (PMU) design and if it would be steps, but agreed that more team and PMU shared more information easier for pregnant information was needed. The about fleximat and design women, the elderly and Project design team have been at further site visits. disabled to access the asked to pull together more workboats. information and provide to Kaupule via email, showing what fleximat is, where concrete is, how loading and unloading would occur.
67 Item Discussion/Issues Agreement Responsible Status (What, How, When) (Complete/Pending)
8. Question about security Social consultant explained that Kaupule Advised and understood. of new site/boat ramp. security would be the responsibility of the Kaupule. There is no fencing in the design. Kaupule can draft a by- law if desired to be enforced.
Attachment: Attendance Sheet
68
Attachment Attendance Sheet
69
TUV Outer Island Maritime Infrastructure Project, Nukulaelae Site
MINUTES OF YOUTH MEETING
Kaupule Office, Nukulaelae, Thursday 13 October 2016
I. INTRODUCTION 1. At 11.00 a meeting with the Nukulaelae Youth started (as per attendance sheet attached) with Cardno PDA Social Consultants Jo Buldeski (Cardno Social Safeguards Specialist) and Amosa Taui (National Social Safeguards Consultant) present, with eight local females and four local males in attendance from the youth of the Nukulaelae community. One female participant was identified as a youth group leader.
II. PURPOSE/AGENDA 2. The purpose of this meeting was to increase youth participation and ensure that the youth of the Nukulaelae were informed of the project and had the opportunity to have their voices heard on the topic of the project and related perceived challenges and opportunities.
III. DISCUSSION 3. Amosa introduced himself and Jo (Cardno Social Safeguard Specialist) to the youth present. He introduced the project and the estimated timeline for delivery and asked for any comments, questions, or concerns.
4. One attendee asked about the safety of children with the new wharf, is there anything in place that will prevent children being able to walk out and fall in or hurt themselves on the new infrastructure (e.g. fencing). The Social consultants advised that this was currently not part of the design but the feedback would be passed on. It was explained that the Kaupule will assume responsibility for overall operational security and safety of the constructed infrastructure.
5. Jo asked if there was any interest in participating in any work opportunities. There was consensus that work opportunities would be welcomed, but that the kinds of jobs that young women and men can do will differ.
6. One attendee asked about the safety of the new site, will there be lighting? The Social Consultants advised that there has been discussion of solar lights in the area but this needs to be confirmed in the final design.
7. One attendee (Molly) asked about road improvements as part of the project. Jo advised that the road will be improved and slightly widened but not significantly.
70 8. Summary of meeting
Discussion/Issues Agreement (What, How, Responsible Status When) (Done/Pending)
1. Safety of children / Social consultants reported During Complete. Advised and security at new wharf that Kaupule would be construction: understood. responsible for security and Contractor safety of new infrastructure Once once operational. During operational: construction, the contractor Kaupule will be responsible for safety and security.
2. Work opportunities Youth was interested in Kaupule, Complete. This learning more about work Construction requirement was opportunities during Contractor and documented in the Terms construction but noted Construction of Reference for the difference between work Supervisor to construction contractor, able to be done by men and ensure and details can be women. agreement. negotiated directly with the successful contractor once appointed
3. Lighting at new site Social consultants reported Design team: to Complete. Solar lights that there are solar lights in ensure solar confirmed in design. the design but to be lights are shown confirmed in final design. on the final plan if present.
4. Road improvements Question about road Complete. Advised and improvements; clarified that understood. road would be improved and slightly widened.
Meeting closed 11.30am
Attachment: Attendance Sheet
71 Attachment: Attendance Sheet – Nukulaelae Youth 13 October 2016
72 Appendix I. Record of Meeting with tenant in house affected by construction (on School lease grounds) October 2016
TUV Outer Island Maritime Infrastructure Project, Nukulaelae Site
DISCUSSION WITH OCCUPANT OF HOUSE ON ROAD (KAUPULE PROPERTY) AT NUKULAELAE
Nukulaelae Kaupule Office, Thursday 13 October 2016
I. Agenda/Purpose of Meeting
DISCUSSION 1. Vaimoana Faalo Maiau lives in the house which may be affected by the project with her husband and daughter, 10. Her two other children are away studying. She works as a teacher at the school and her husband does not work. She rents the Kaupule house on school grounds for $30 per month.
2. She previously lived in a house in the village, but this was with her husband’s brother who has six children, and there was not enough room for their family. It would not be suitable for her to return to that house.
3. The consultant asked Vaimoana about the proposal by the Kaupule, which suggested that if they were able to renovate the two houses that were left by the Health department unfinished, they could move her family to one of those. She stated that she would not be comfortable with that, as the houses are too close to the planned construction, and she would have concerns about living that close to the noise and air pollution, as well expressing safety concerns. It is noted that even if these homes were renovated, they would be unlikely be completed by the time that the property needs to be vacant.
4. Vaimoana explained that there is another house in the village, recently vacated by someone who moved to Fiji. She would be happy to move there, as she has a motorbike so she would not experience any negative impacts in getting herself and daughter to the school, for the same rent.
5. This option was later discussed with the acting Kaupule Secretary, Millie* and the Kaupule Secretary (on leave) Collin, and it was confirmed that this house is available, it is the same rent ($30/month), and that this would be a suitable approach.
6. It is understood that the project team will seek to redesign (e.g. retaining walls) around the existing house to be vacant during construction so that once construction is complete, the house, an income generating asset of the Kaupule, is inhabitable.
73 RECOMMENDED ACTION: Kaupule to make the vacant property available to Vaimoana and her family to relocate to for the same rental amount of $30AUD/month by April 2017 and get documented agreement from Kaupule and Vaimoana that this will proceed. Have documented draft in a Third Party Validator Form (attached).
7. It was determined that further discussions were required to obtain more information for social safeguards and this is documented below.
8. FURTHER DISCUSSION 3 November 2016
Additional information collected about the school teacher for safeguards documentation.
# Questions Answer
1 How old is Vaimoana? 41 years old
2 How old is her husband? 47 years old
3 How long has she been teaching? 14 years
4 What is her husband’s income source? Selling fish at a monthly average of $20 but not on a regular basis
5 Does her husband engage in any paid jobs? No
6 Do they own land somewhere? Only the husband do own lands
7 Do they grow any garden? No
8 In the event of an evacuation, will they be Yes, They will be living quite far from the school worse of? campus and it takes time to familiarize themselves with the new environment.
9 Any educational background for Vaimoana? Vaimoana was educated at Motufoua Secondary School on Vaitupu from 1987 - 1992
10 Any educational background for her No husband?
11 Any post-school qualifications for Vaimoana? Yes
12 How old are their children? Filemoni (Male) = 18 years old Atanisa (Female) = 15 years old Mainaa (Female) = 10 years old
13 Where are they studying? Filemoni = USP Centre on Funafuti Atanisa = Motufoua Secondary School on Vaitupu Mainaa = Faikimua Primary School on Nukulaelae
14 How often do they come home? Filemoni and Atanisa normally comes once every year to spend their Christmas holiday
15 Where are their extended family? In the main village
74 # Questions Answer
16 Which of the 2 villages they live in? Pepesala
17 Who are they related to in the Kaupule? The husband because he is from Nukulaelae
18 Does Vaimoana have siblings and where do None. Her father lives on another island they live? (Nanumaga).
19 In case of an emergency who do they The Kaupule normally rely on - themselves, relatives or the Kaupule?
75 Appendix J. Tree Survey Report and Construction Compensation Payment confirmation, April 2017
76 77 Appendix K. Confirmation of Lease Signing, Copies of Leases, and Third Party Validation of agreement between Nukulaelae Kaupule and Landowners
78 Lease used for all agreements (for each lot and landowner) Identifying characteristics have been removed for the privacy of landowners.
79 80
81
82
83
84
85
86 Appendix L. MOU and TPV forming agreement between Nukulaelae Kaupule and tenant in house on school grounds regarding relocation
87
88
89 Appendix M. Minutes of Nanumaga Meetings held October 2016
TUV Outer Island Maritime Infrastructure Project, Nanumaga Site
MINUTES OF KAUPULE MEETING
Nugatasi Meeting Hall, Nanumaga, Tuesday 18 October 2016
I. INTRODUCTION 1. At 9.20 am the meeting commence, with Cardno PDA Social Consultants Jo Buldeski (Cardno Social Safeguards Specialist) and Amosa Taui (National Social Safeguards Consultant) present. 8 attendees from Nanumaga attended as per the attached meeting minutes.
2. Amosa introduced the team, reintroduced the project, and showed the plans.
II. DISCUSSION 3. Questions from the King of the Island: Is Fleximat cyclone proof? How does it work with tides? Is it fixed or floating? What is the weight of Fleximat? All of these questions are related to their experience to date after cyclone Pam that the previous concrete ramp washed away, but they did not have seawalls. The Kaupule requested more information about Fleximat and the design specifically, and the consultants advised that they would get the technical team to collect some information and send it to [email protected] (the Island President, Pai’s email).
4. The Kaupule indicated that they would like concrete to go to where low tide water level is for safety, as they currently understand that the fleximat is fixed only for high tide, and that boats would have difficulty in safely docking at low tide, so the concrete should at least be there for landing at low tide. However they said that if it is floating, and will adjust to tide, then they agree to concrete only out over the sand and agree to the approach of scraping the reef for access (as required).
5. The Kaupule were asked why they desire the new wharf site in addition to the existing upgraded ramp at Nanumaga town. They answered that it is a short reef, for weather, but most importantly there is no room at the town site for infrastructure as there is at the new site.
6. The consultants asked about security at the new site, and if they were concerned that there would not be any security that far out of town. There were no great concerns about security, but suggested that should the desire it, a fence could be built for security around the area.
7. The consultants asked which of the boat ramps would be more likely used once the second new site is completed. The Kaupule responded that if the new one is built, they would use it, and would most likely only use existing in extreme conditions at the new site.
8. The consultants asked what existing transport the island had to assist in the transport of cargo and people to and from the new site. They said they had an existing 1 tonne crane truck, although it is old and they would like a new one, however it was noted in passing that it is not known if there is budget for that within this project. There are a number of tractors with trailers. They have a Kaupule workshop and mechanic for maintenance of all vehicles.
9. One member of the Kaupule expressed that they would like to see further dredging in the existing channel for the 40 horsepower boat, but the consultants explained that for the existing ramp upgrade,
90 it would be preferred to scrape the reef and have no further dredging in the existing channel to ensure sufficient budget for completion of all works including new boat ramp and channel. The Kaupule expressed their understanding of the need for savings and sticking to budget for the existing ramp as long as safety at low time is assured, in order to ensure the new boat ramp and wharf can be completed.
10. One Kaupule member asked if there was any conflict with the seawall project. The consultants explained that the projects will coordinate as they require cooperation for the completion of the gate and retaining wall at the same time as the sea wall.
11. The Kaupule requested further information about the start and/or timing of project. They assume the existing site boat ramp will start 2017 but the consultants advised that this would be confirmed by the time of the next meeting.
12. Summary of Discussion
Item Discussion/Issues Agreement Responsible Status (Complete/Pending) (What, How, When)
1. There was a desire for Technical team Project team Complete. Project team more/clearer information (Vete/Dominic to oversee) to and / or PMU compiled information and Vete about the design and compile information in easy- (PMU) distributed information fleximat, as it is not clearly to-read format and send it to to Kaupule and Island understood. [email protected] President. (the Island President, Pai’s email).
2. Design issues discussed Technical team Project team Complete . Project team regarding concrete, low tide (Vete/Dominic) to follow up and / or PMU compiled information and Vete etc., but social consultants and clarify technical (PMU) distributed information not clear. Once item 1 is concerns once item 1 above to Kaupule and Island complete, further complete. President. discussions to be had with the Kaupule.
3. The need for the new work Social consultants to pass on Social Complete and passed on to boat harbor was reinforced. to Project team consultants project team and ADB. Due to the weather and lack to pass on to of space at the site of the Project team current boat ramp, the new site is necessary for all facilities and infrastructure.
4. One member of the Kaupule The Kaupule expressed their Social Complete and passed on to expressed that they would understanding of the need consultants project team and ADB. like to see further dredging for savings and sticking to to pass on to in the existing channel for budget for the existing ramp Project team. the 40 horsepower boat, but as long as safety at low tide the consultants explained is assured, in order to ensure that for the existing ramp the new boat ramp and wharf upgrade, it would be can be completed. preferred to scrape the reef Social consultants to pass on and have no further to Project team dredging in the existing channel to ensure sufficient budget for completion of all
91 Item Discussion/Issues Agreement Responsible Status (Complete/Pending) (What, How, When)
works including new boat ramp and channel.
5. Discussed transport on the Note that it is not known if Kaupule. Complete. Request passed on island. The Kaupule has a 1 there is budget for that within to project team and ADB. It is tonne crane truck, although this project. confirmed insufficient funds it is old and they would like within budget for construction Social Consultants to pass a new one. There are a of the new ramps at existing on request to Technical team number of tractors with sites. to pass on to ADB. trailers. They have a However as ADB is not Kaupule workshop and funding the construction of the mechanic for maintenance new workboat harbor, this of all vehicles request should be raised by the Kaupule with the donor funding the construction.
6. Asked if any conflict with the Social consultants explained Technical Complete. Confirmed. Seawall Project. that the projects will team to coordinate as they require confirm no cooperation for the conflict and completion of the gate and advise retaining wall at the same Kaupule time as the sea wall
7. Requested further Still being confirmed. Technical This can be further advised information about the timing Technical consultants to team to when construction contractor of the project/s. advise as soon as known/by advise as is appointed. PMU to advise next site meeting. soon as Kaupule of timeline when schedule is contractor appointed for boat known ramps. However as ADB is not funding the construction of the new workboat harbor, the donor funding the construction of the new workboat harbor will be responsible for advising of timeline for those works.
Meeting closed 10.15am
Attachment Attendance Register
92 Attachment Attendance Register
93
TUV Outer Island Maritime Infrastructure Project, Nanumaga Site
MINUTES OF WOMEN’S MEETING
Nugatasi Meeting Hall, Nanumaga, Tuesday 18 October 2016
I. INTRODUCTION 1. Meeting commenced at 11.15am with Cardno PDA Social Consultants Jo Buldeski (Cardno Social Safeguards Specialist) and Amosa Taui (National Social Safeguards Consultant) present. 10 attendees from Nanumaga were present as per the attached attendance sheet. 2. Amosa introduced the team, reintroduced the project, explained the purpose of meeting with the women was to get their perspectives on the project, and showed the plans.
II. DISCUSSION 3. Amosa stated that Cardno and the ADB recognised women’s voices in any major development on the island and are consulting with women to conform with ADB safeguards on gender balance and gender action. 4. After looking at the plans, the participants asked if there was a possibility of adding a partition to the passenger waiting area for women to sell handicrafts and food to passengers. It was explained that there was a bench for use, however any additional partitions may need to be added by the Kaupule once it was built as the agreed design consists of an open passenger terminal without rooms or partitions except for the bathrooms. Later in the meeting it was asked if it would be up to the Kaupule to decide who would occupy space in the passenger terminal. The consultants explained that the design decision would be made by the technical consultants in consultation with the Falekaupule and Kaupule for sign off, however the facility will be operated by the Kaupule and so that operationally they would hold the lease and would be making decisions about its use once it is constructed. 5. On the topic of contractors coming to the island, the participants were asked if there were any concerns about workers or the work to be undertaken and impacting their community. The participants would prefer there not to be work on Sundays due to it being set aside for worship, however this wasn’t emphatic. They expressed the need for the contractors to abide by the falekaupule laws/bylaws, a copy of which has been requested for the project team. The participants also asked if there would be work at night. The consultants asked if this would be a problem, and they said that as the new site is so far away it wouldn’t be a concern, however there may be issues with the town site. They requested that they be advised if there will be night work or Sunday work. 6. With regards to work opportunities, the participants expressed interest in providing services such as cleaning, washing, and cooking for workers if there is any opportunity (although they noted in passing that contractors may prefer European type food so they may not be in a position to cook meals, but only perhaps sell snacks). There is some interest in other work (e.g. administrative/support roles) however they expressed that the Kaupule usually has final say on the appointment of positions, and the participants requested that the women’s group/women’s council be allocated some positions to ensure some improvement in gender parity. 7. On the topic of the construction and materials, the participants asked about fleximat (we explained it was non-slip). They asked if it absorbs the sun, cracks, or is affected by weather. The consultants explained that they believed it to be weatherproof but would have to confirm. 8. It was noted that the new site is called “Fatuloa” by Island residents.
94 9. Summary of Discussion
Item Discussion/Issues Agreement Responsible Status (Done/Pending) (What, How, When)
1. Request for adding Agreed that the facility will be Women’s Based on the detailed partition to the passenger operated by the Kaupule and Group design as designed by the waiting area for women operationally they would hold project team, this is to sell handicrafts and the lease and would be complete. food. making decisions about its However, as ADB is not use once it is constructed. Social consultants funding the construction explained that there was Women’s group agreed to of the new workboat a bench for use, however pursue this option with harbor, this request any additional partitions Kaupule. should be raised by the may need to be added by Women’s Group with the the Kaupule as there is donor funding the an existing agreed construction for potential design changes to design if desired.
2. Asked about contractors Women’s group expressed the Project team Complete (boat ramp at coming to island. need for the contractors to for boat ramp current site) as these Expressed preference for abide by the Falekaupule at current site. requirements have been contractors to not work laws/bylaws, a copy of which documented in the TOR
on Sundays as could be has been requested for the for the construction disruptive to church project team. Social Women’s contractor. services, and should be consultants noted that this Group / However as ADB is not a day of worship, but would be passed on to the Kaupule for funding the construction flexible. Asked if there technical team for workboat of the new workboat were to be nightworks, consideration in tender harbor. harbor, this request and expressed that night documentation. should also be raised by works would be fine for Women’s group requested the Kaupule with the the new site as it is far that they be advised if there donor funding those from the village, but will be night work or Sunday works. might have negative work. impacts on the town site.
3. Work opportunities. The participants expressed Project team Complete (boat ramp at interest in providing services for boat ramp current site) as these such as cleaning, washing, at current site. requirements have been and cooking for workers. documented in the TOR
for the construction Some interest in other work Women’s contractor. (e.g. administrative/support Group / roles) however they However as ADB is not Kaupule for expressed that the Kaupule funding the construction workboat usually has final say on the of the new workboat harbor. appointment of positions, and harbor, this request the participants requested that should also be raised by the women’s group/women’s the Kaupule with the council be allocated some donor funding those positions to ensure some works. improvement in gender parity.
4. Concerns about alcohol Social consultants noted that Project team Complete (boat ramp at presence and use by they would raise the possibility for boat ramp current site) as these contractors during of having clauses minimising at current site. requirements have been
95 Item Discussion/Issues Agreement Responsible Status (Done/Pending) (What, How, When)
construction and contractor alcohol use on the documented in the TOR influence on local island with the project team for for the construction Women’s population. There is consideration during tender contractor. Group / limited alcohol use and documentation and Kaupule for However as ADB is not abuse on the island, and negotiations with contractor. workboat funding the construction associated health issues, Also note compliance with harbor. of the new workboat violence, and general Island bylaws when on island. harbor, this request disruption to lifestyle. At should also be raised by the very least, all Island the Kaupule with the by-laws (such as no donor funding those drinking on Sundays) works. should be abided by all workers.
7. Question about the The Project design team have Project design Complete. Project team design, and the nature of been asked to pull together team / PMU compiled information and fleximat – is it non slip more information and provide Vete (PMU) distributed and does it absorb the to Kaupule and women’s information to Kaupule sun or does it crack or group via email, showing what and Island President. affected by weather? fleximat is, where concrete is, how loading and unloading would occur.
Meeting closed 11.45am
Attachment: Attendance Sheet
96 Attachment: Attendance Sheet
97 Appendix N. Minutes of Niutao Meetings held October 2016
TUV Outer Island Maritime Infrastructure Project, Niutao Site
MINUTES OF KAUPULE MEETING
Teikataunani Meeting Hall, Niutao, Tuesday 19 October 2016
At the time of arrival, the Red Cross was holding a disaster response workshop with youth in the Kaupule Hall, and Island Court was being held near the Kaupule Offices. The Secretary of the Kaupule advised that the Home Affairs Office has advised that there were no meetings expected, only field work, and so they had not planned for the meetings. The email that was sent to the Home Office in advance of the site visit is attached.
I. INTRODUCTION 1. At 9.50am the meeting commenced, with Cardno PDA Social Consultants Jo Buldeski (Cardno Social Safeguards Specialist) and Amosa Taui (National Social Safeguards Consultant) present, and 11 Niutao attendees as per attached attendance sheet. 2. Amosa introduced the team, reintroduced the project, and showed the plans.
II. DISCUSSION 3. Discussed existing site and ramp. [Female] asked about concrete in the structure of the boat ramp, as the old concrete ramp (that was destroyed by Cyclone Pam) contributed to erosion which undermined the concrete structure leading to its cracking and destruction. They would prefer the concrete to end at the sand, and only fleximat to go out to channel. They further asked if the concrete would go down to the rock (in the sand) as the old ramp did not, and the sand’s movements caused it to crack. They would propose that if concrete is needed out over the reef, that it is pilings, rather than continuous concrete to allow water to pass under – however it doesn’t matter if the fleximat is floating. The consultants advised that they were unsure of where the concrete would be placed for the ramps according to the design, but would find out and pass on to the Kaupule. This question was asked again later, as to whether it has concrete pillars, has concrete all the way, or if it is floating. Consultants again advised that they would get information to the relevant email address. 4. The participants were asked about the necessity of the two boat ramps, or if the boat ramp at the Muli site would suffice, and the new boat harbour site could just have the workboat jetty. They confirmed that they required the boat ramp at the new site, as most destructive winds are westerlies and the existing site at Muli would be most affected by these westerlies, so the boat ramp at the new site is necessary. They advised that they could use the current site in good conditions only, and while they were constructing the new boat harbour. 5. The participants asked about a third boat ramp in the other existing channel. The consultants were not aware of the second channel or the third boat ramp, however the participants explained that this was a proposal that they put to the World Bank during their visit with Taasi approximately two weeks earlier. We confirmed we would note their interest in the progress of this request but advised that it usually takes some time for World Bank to make funding decisions as with all agencies. 6. The Kaupule noted that there were no objections about the proposed design of the new harbour site and related infrastructure. They have not, to date, spoken to individual landowners, but would begin these conversations soon. 7. A participant asked if there would be solar lights for all the ramps. 8. The participants also placed a request for a new bigger crane truck, as their current crane truck is getting old and is only 1 tonne. Consultants advised that there was not much budget for additional extras in the project, but the request would be passed on. The participants noted that they could put
98 this proposal to the World Bank. They advised the consultants that they had also requested that the World Bank improve the roads from the new site to the main village, and electricity (i.e. cable) from the supply source to the new site. 9. The participants thanked the Consultants for their attendance and the consultants in turn thanked the Kaupule for their participation and assured the participants that they would get more information to answer their questions send to the Kaupule email address. 10. Summary of Discussion
Item Discussion/Issues Agreement Responsible Status (Done/Pending) (What, How, When)
1. There was a desire for Technical team (Vete/Dominic Project Team / Complete. Project team more/clearer information to oversee) to compile PMU compiled information and about the design and information in easy-to-read Vete (PMU) distributed fleximat, as it is not format and send it to the information to Kaupule. clearly understood. Kaupule. asked about concrete in Expressed that would prefer the structure of the boat that there was a way for water ramp, as the old concrete to pass under / through the ramp (that was destroyed boat ramp structure to by Cyclone Pam) minimise erosion and contributed to erosion undermining the structure. which undermined the concrete structure leading to its cracking and destruction. They would prefer the concrete to end at the sand, and only fleximat to go out to channel. They further asked if the concrete would go down to the rock (in the sand) as the old ramp did not, and the sand’s movements caused it to crack
2. The Kaupule was asked They confirmed that they Social Complete and passed on about the need for two required the boat ramp at the consultants to project team and ADB. boat ramps, or if the boat new site, as most destructive ramp at the Muli site winds are westerlies and the would suffice, and the existing site at Muli would be new boat harbor site most affected by these could just have the westerlies, so the boat ramp at workboat jetty. the new site is necessary. They advised that they could use the current site in good conditions only, and while they were constructing the new boat harbor
3. Kaupule informed team Interest in progress noted, but Social Complete, noted. (Out of of talks with World Bank not part of this scope. consultants to scope) about a third boat ramp, pass on to discussed with Taasi. project team and ADB.
99 Item Discussion/Issues Agreement Responsible Status (Done/Pending) (What, How, When)
4. Asked about solar lights Social consultants confirmed Social Complete. Confirmed in design. that there were solar lights in Consultants. solar lights in detailed both designs. designs for both ramps.
5. Kaupule requested a Social consultants advised that Social Complete. Request bigger crane truck, they would note the request, consultants to passed on to project current truck getting old but explained unlikely that pass on to team and ADB. It is and is only 1 tonne. there was budget. The ADB. confirmed insufficient Kaupule stated that they might funds within budget for submit a proposal to World construction of the new Bank as part of their potential ramps at existing sites. project scope. However as ADB is not funding the construction of the new workboat harbor, this request should be raised by the Kaupule with the donor funding the construction.
Meeting closed 10.45am
Attachment: Attendance Sheet
100 Attachment: Attendance Sheet
101
TUV Outer Island Maritime Infrastructure Project, Niutao Site
MINUTES OF WOMEN’S MEETING
Teikataunani Meeting Hall, Niutao, Tuesday 19 October 2016
I. INTRODUCTION 1. Meeting commenced at 10.45am with Cardno PDA Social Consultants Jo Buldeski (Cardno Social Safeguards Specialist) and Amosa Taui (National Social Safeguards Consultant) present. 6 attendees as per the attached attendance sheet. It was noted that a number of the attendees were also present at the Kaupule meeting.
2. Amosa introduced the team, reintroduced the project, explained the purpose of meeting with the women was to get their perspectives on the project, and showed the plans.
II. DISCUSSION 3. Amosa stated that Cardno and the ADB recognised women’s voices in any major development on the island and are consulting with women to conform with ADB safeguards on gender balance and gender action.
4. After looking at the plans, the Kaupule President advised that the Kaupule will be working to self fund, or get World Bank support, for a separate facility on the site which will be encouraging self-employment or micro business ventures by the women where they might undertake food preparation, work on handicrafts, provide cooking and cleaning services, and potentially have women’s only shower and bathroom facilities for travellers. They expressed a desire to see a space for the proposed potential facility on the plan at approximately 6- 10m x 4m. Would like to flag this proposal to Taasi and World Bank.
5. The participants asked about water tanks and these were shown on the design drawing by the consultants.
6. The participants asked if there was fencing around the compound, and the consultants advised that at this time there was no fencing around the new harbour site and infrastructure. They indicated that they intended to arrange to have a night watchman through the Kaupule, however the women expressed a desire to request fencing. If unavailable through the project, then they would submit a proposal to the World Bank.
7. Furthermore, the women also asked for their own truck to transport food and materials from the village to the new site for the women’s self employment ventures. The consultants reiterated that there was little budget available for additional elements, however would pass on the request. The women indicated that they would also add this request to their World Bank proposal.
102 8. The consultants asked the participants about their interest in work with the contractor. Following some discussion, the participants reached a consensus that they would be interested in:
a. ‘mini-projects’, for example painting a facility, clearing land in a certain area, or cleaning another, for agreed fees.
b. Positions and training in administration and support roles for women, and perhaps some traineeships or similar, and to this end, that there was a small allocation of these positions to women in the contract if possible, to further progress gender action on the island.
9. With regards to work opportunities, the participants expressed interest in providing services such as cleaning, washing, and cooking for workers if there is any opportunity (although they noted in passing that contractors may prefer European type food so they may not be in a position to cook meals, but only perhaps sell snacks). There is some interest in other work (e.g. administrative/support roles) however they expressed that the Kaupule usually has final say on the appointment of positions, and the participants requested that the women’s group/women’s council be allocated some positions to ensure some improvement in gender parity. This discussion was ended with an emphatic statement of thanks for the consideration of women for jobs on this project (where appropriate) as this has not happened previously.
10. .The consultants asked the participants if they had any concerns about the contractor’s presence on the island. It was explained that the consultants did not know who or what company would be the contractor as this would go through a tender bid process. The participants did not have significant concerns except for the need for the contractors to abide by the Falekaupule laws/bylaws, a copy of which has been requested for the project team. Their experience to date with another project (Solar project funded through NZAID) saw men drinking to excess on Sundays and this was very disruptive to the community, especially on their day of worship.
11. The participants expressed gratitude for the inclusion of consideration of women’s concerns and encouragement of their participation.
103 10. Summary of Discussion
Item Discussion/Issues Agreement Responsible Status (Done/Pending) (What, How, When)
1. Kaupule President They expressed a desire to Social consultant Complete. advised that the see a space for the to pass on to The project design team took Kaupule will be working proposed potential facility project team and this in consideration when to self-fund, or get on the plan at approximately PMU. undertaking the detailed World Bank support, 6-10m x 4m. Kaupule President design of the workboat harbor. for a separate facility to discuss with It was confirmed that the on the site which will donor funding standard project footprint of be encouraging self- Social Consultants to note construction of the design used across all employment or micro their interest in pursuing this workboat harbor. three islands could business ventures by proposal to Vete/Taasi (for accommodate an additional the women where they pursuit with World Bank). building, however this was not might undertake food included in the design for ADB. preparation, work on handicrafts, provide As ADB is not funding cooking and cleaning construction of workboat services, and harbor it is recommended that potentially have Kaupule President raise this women’s only shower request with donor funding and bathroom facilities construction. (out of scope) for travellers.
2. Water tanks Present in design. Complete. Confirmed water tanks in design for workboat harbor.
3. Asked about fencing. Social Consultants to flag Social Complete. Request passed on social consultants with project team to request Consultants to to project team and ADB. It is advised that there was the consideration of fencing pass on to project confirmed insufficient funds no fencing in the ADB and women’s truck for team/ADB. within budget for construction design. inclusion in ADB project. of the new ramps at existing sites to include truck. Also requested own The Women’s group truck to transport food advised that they might However as ADB is not and materials from pursue additional compound funding the construction of the village to new site for fencing and women’s truck new workboat harbor, this women’s self- with World Bank if not request should be raised by employment ventures. funded by ADB. the Kaupule with the donor funding the construction.
4. Work opportunities. The participants expressed Project team Complete. These requirements interest in providing services have been documented in the
such as cleaning, washing, TOR for the construction and cooking for workers. Kaupule/women’s contractor of the boat ramp at group. current site. Some interest in other work (e.g. administrative/support However as ADB is not roles) however expressed funding the construction of the that the Kaupule usually has new workboat harbor, this final say on the appointment request should also be raised of positions, and the by the Kaupule with the donor participants requested that funding those works. the women’s group be allocated some positions to
104 Item Discussion/Issues Agreement Responsible Status (Done/Pending) (What, How, When)
ensure some improvement in gender parity.
5. Discussed concerns Participants did not have Women’s group to Complete. These requirements about contractors significant concerns except forward copy of have been documented in the presence. Explained for the need for the Kaupule/ TOR for the construction currently unknown who contractors to abide by the Falekaupule by contractor of the boat ramp at the contractors will be Falekaupule laws/bylaws laws to current site. as they are subject to a jo.buldeski@car However as ADB is not tender process. dno.com.au funding the construction of the Their experience to new workboat harbor, this date with another request should also be raised Project team project (Solar project by the Kaupule with the donor drafting tender funded through NZAID) funding those works. documentation & saw men drinking to contractor. excess on Sundays and this was very disruptive to the community, especially on their day of worship
Meeting closed 11.25am
Attachment: Attendance Sheet
105 Attachment: Attendance Sheet
106