DRAFT Resettlement Plan March 2020 SAM: Central Cross Island Road Upgrading Project (CCIRUP) Prepared by the Land Transport Authority of Samoa for the Asian Development Bank. i CURRENCY EQUIVALENTS (as of 02 September 2019) Currency unit – Samoan Tala (WST) WST1.00 = $ 0.37 $1.00 = WST 2.69 ABBREVIATIONS AP – affected persons AoG – Assemblies of God CCCS – Congregational Church of Samoa CCIR – Central Cross Island Road CCIRUP – Central Cross Island Road Upgrading Project (the Project) COEP – codes of environmental practice ERAP – Enhanced Road Access Project ESIA – environmental and social impact assessment GCLS - Grievance Complaint Logging System LDS – Latter Day Saints LTA – Land Transport Authority MNRE – Ministry of Natural Resources and Environment MOF – Ministry of Finance MWCSD – Ministry of Women, Community and Social Development OHS – occupational health and safety PMU – project management unit PUMA – Planning and Urban Management Division of MWTI RC – roman catholic RP – resettlement plan TCE – Tropical Cyclone Evan WST – Samoan Tala WEIGHTS AND MEASURES km (kilometer) – length relevant to road m (meter) – Length or width relevant to road vpd (vehicles per day) – traffic volume NOTES In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of the Asian Development Bank (ADB)'s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of the ADB website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the ADB does not intend to make any judgments as to the legal or other status of any territory or area. ii GLOSSARY Affected – All members of a household residing under one roof and operating as Household/ a single economic unit, who are adversely affected by the project or Family any of its components; It may consist of a single nuclear family or an extended family group. Affected – Individuals that are directly or indirectly affected by the project through Persons land acquisition, relocation, or loss of income; includes any person, household [sometimes referred to as project-affected family (AF)], firms, public or private institutions; The APs, therefore, include: Persons whose agricultural land or other productive assets such as trees or crops are affected; Persons whose businesses are affected and who might experience loss of income due to the project’s impact; Persons who lose work/employment as a result of the project’s impact; and People who lost access to community resources/property as a result of the project. Assistance – Assistance support, rehabilitation, and restoration measures extended Support in cash and/or kind over and above the compensation for lost assets. Compensation – In cash at the current market value or in kind for an asset or a Payment resource that is obtained or affected by a project, in which, the affected people are entitled to in order to replace their lost property or income. Cut-off date – The limitation period for affected persons to claim compensation is 5 years after the date of proclamation of taking lands (Ref: TLA 1964, S27). Negotiations must be completed within 30 days from the effective start of negotiations. Detailed – The detailed inventory of losses that is completed after the detailed Measurement design and marking of project boundaries on the ground. Survey Inventory of – The pre-appraisal inventory of assets as a preliminary record of Losses affected or lost assets. Rehabilitation – Measures provided under the policy framework on involuntary Compensatory resettlement other than the payment for the replacement cost of Measures obtained assets. Replacement – The amount needed to replace an asset and the value determined as Cost compensation for the following: Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes; Land in urban areas: the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services located in the vicinity of the affected land, plus the cost of any registration and transfer iii taxes; Houses and other related structures based on the current market price of materials, transportation of materials to construction sites, cost of labour and contractor’s fee, and any cost of registration and transfer taxes. In determining the replacement cost, depreciation of assets and value of salvaged building materials are not taken into account. No deductions are made for the value of benefits to be derived from the project; and Crops, trees, and other perennials based on current the market value; and other assets (i.e., income, cultural or aesthetic) based on the replacement cost or cost of mitigating measures. Resettlement – All impacts associated with the loss of physical and non-physical assets, including homes, communities, productive land, income- earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms. Significant – If 200 or more people experience major impacts, which are defined Impact as: (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating assets). Structures – All buildings including the primary and secondary structures such as houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructure, shops, businesses, fences, and walls. Vulnerable – Those who might suffer disproportionately or face the risk of being Individuals marginalized from the effects of resettlement including: Female-headed households with dependents; Disabled household heads; Poor households that fall on or below the poverty line (within the meaning given previously); Landless; Elderly households with no means of support; and Households without security of tenure. iv CONTENTS EXECUTIVE SUMMARY VI I. INTRODUCTION 1 A. Background 1 B. Project Description 1 C. Objectives of the RP 2 D. Key Principles of the RP 3 E. Summary of Road Design 5 F. CCIRUP Route and Affected Properties 7 II. SCOPE OF LAND ACQUISITION 8 A. Overview of Land Ownership in Samoa and along the CCIR 8 B. Scope and Rationale for Land Acquisition/Resettlement 9 C. Summary of Impacts 11 D. Impact Assessment 13 III. SOCIO-ECONOMIC INFORMATION AND PROFILE 17 A. Overview of Socio-economic Information on Affected People 17 B. Occupation and Income 18 C. Health and Education Services 18 IV. LEGAL POLICY FRAMEWORK AND ENTITLEMENTS 19 A. Introduction 19 B. Government Land Acquisition Legislation 19 C. Government Legislative Compatibility to ADB Safeguards Requirements 24 D. CCIRUP links to Involuntary Resettlement and Compulsory Land Acquisition 27 V. LAND AND ASSETS EVALUATION AND COMPENSATION AND ENTITLEMENTS 28 A. Evaluating Land and Assets Compensation 28 B. Affected Persons 28 C. Freehold Land Compensation 34 D. Customary Land Compensation 34 E. Easements 34 F. Resettlement Plan Implementation Schedule 36 VI. INVENTORY OF LOSS REQUIREMENTS 39 A. Context 39 B. Cost/Budget 39 VI. INSTITUTIONAL ARRANGEMENTS 40 A. Overview 40 B. Process 41 VIII. DISCLOSURE, CONSULTATION AND PARTICIPATION 43 A. Overview 43 B. Consultation Approach 44 C. Consultation Challenges 45 D. Disclosure 46 IX. GRIEVANCE REDRESS MECHANISM 49 A. Minor Concerns 49 B. Major Issues 49 v C. Grievance procedure 49 X. MONITORING AND EVALUATION 52 A. MNRE Monitoring and Evaluation of Resettlement process 53 B. Safeguards Monitoring 53 XI. REFERENCES 55 APPENDIX 1: PUBLIC CONSULTATION MINUTES 56 APPENDIX 2: CONSULTATION FLIER 74 A. The Current State of the Central Cross Island Road 75 B. The Upgrade 76 C. Disclosure Consultation Report LIST OF FIGURES Figure 1: Cross Central Island Road Upgrading Project (CCIRUP) Location ......................... 2 Figure 2: Typical Section Option 1 – Selected for Urban Area ............................................... 6 Figure 3: Typical Section Option 6 – Selected for Rural Area ................................................ 6 Figure 4: Resettlement Plan Implementation Agencies ....................................................... 41 Figure 5: Levels of Grievance Resolution in Community ..................................................... 51 LIST OF TABLES Table 1: ROW Typical Cross Section Options ....................................................................... 5 Table 2: Land Ownership Types in Samoa ............................................................................ 9 Table 3: General Summary of Impacts ................................................................................ 12 Table 4: Summary of Indicative Resettlement Impacts ........................................................ 12 Table 5: Community Characteristics .................................................................................... 17 Table 6: Wealth Quintiles .................................................................................................... 18 Table 7: Government Legislation and Policies Relevant to Social Safeguards .................... 20