Due Diligence Report Project Number: 41509-013 July 2016 PNG: Rural Primary Health Services Delivery Project (Loan 2785 and Grant 0259) Prepared by the Department of Health for the Asian Development Bank. This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgements as to the legal or other status of any territory or area. Papua New Guinea Rural Primary Health Services Delivery Project DUE DILIGENCE REPORT TUKUSENDA COMMUNITY HEALTH POST SITE Enga Province JULY 2016 1 INDEX Executive Summary 3 Project and Community Health Post Description 4 Tukusanda Community Health Post Site - Description and Area 11 Scope of Land Use/Purchase 12 Socioeconomic Information 14 Information Disclosure, Consultations and Participation 16 Grievance Redress Mechanism 17 Applicable Policies and Laws 18 Agreements on Land Use 21 Compensation and Benefits 22 Budget and Sources of Funds 24 Institutional Arrangements 24 Implementation Schedule 25 Monitoring and Reporting 26 Annex One: Minutes & Reports of Community Consultation/Engagement 27 Annex Two: Signed Customary Land Transfer Agreement 54 Annex Three: Land Survey 55 Annex Four: Land Investigation Report 56 Annex Five: Valuation Report 71 Annex Six: Certificate of Alienability 75 Annex Seven: Sale & Transfer of Land 76 Annex Eight: Deed of Release 79 Annex Nine: Approved Layout Plan for Community Health Post 81 2 TUKUSANDA COMMUNITY HEALTH POST A. EXECUTIVE SUMMARY Tukusanda, soeties spelled Tukuseda o Tukuseta, Village is located at the head of the Lai River and immediately north of Lake Surunki in Lagaip-Porgera District of Enga Province and within the Lagaip Rural Local Level Government area. It lies approximately ten (10) kilometres north of the Wabag to Porgera Road and the Surunki Government Station and approximately fifty (50) kilometres northwest of the Provincial capital, Wabag. Travel time to Wabag is about one hour by all-weather road. The anticipated catchment population for the proposed Community Health Post to be built at Tukusanda is 6180 based upon an extrapolation of the population living in the immediate area according to the 2011 Census. Of that population 1825 are women of child bearing age, 1. Two (2) representatives of the Kulyapan Sub Clan of the Mulapine Clan living in and around Tukusanda village signed a Customary Land Transfer Agreement on 15th March, 2013 with the Enga Provincial Administration to authorising construction of a Community Health Post on their land. The Agreement was a demonstration of good intent by the parties on the understanding that the parcel of land for the Community Health Post, known locally as Tukusanda, would eventually be alienated to the State and that the customary owners would be compensated for its unimproved capital value and the replacement value of any structures, trees or crops once surveying once Provincial Government and Department of Lands and Physical Planning processes were completed. 2. The land offered as the site for construction of the Community Health Post is now described as Portion 264C Milinch of Laiagam, Fourmil Wabag, Lagaip-Porgera District, Enga Province and is deemed suitable and sufficient (0.70 hectares) for the construction of a Community Health Post and three staff houses. 3. The signing of the Customary Land Transfer Agreement on 15th March, 2013 was witnessed by two (2) local Ward Councillors, together with the Provincial Administrator, the District Administrator, the Provincial Lands Officer, the Provincial Director of Health and a Commissioner of Oaths. 4. The landowners specifically nominated in the Schedule of Owners in the Land Investigation Report are the families of Mr. Abraham Pia (Pyakali) and Mr Etami Iuk (Yuk). The ae ees of Kulapa soeties spelled Kulapaie “u Cla of the Mulapine Clan. The Customary Land Transfer Agreement of 25th March, 2013 is signed by M. Aaha Pii Pia ad soeties Pakali and Mr. Etami Pemen (Son) 3 5. The customary owners were willing to provide early voluntary access to the land in consideration of the benefits of having a Community Health Post in their community. The catchment population of 6180 is presently required to travel to the nearest District Hospital in Laiagam for serious ailments or, more likely, to the Wabag General Hospital which is up to one (1) hours travel time. 6. Officers of the Provincial Administration and Provincial Health Authority and the Rural Primary Health Service Delivery Project followed both Government of PNG and standard ADB safeguards processes including extensive consultation with the local community, use of applicable National land laws and regulations, and due diligence to ensure that local people would not experience significant adverse impacts by relinquishing this land. 7. The process of obtaining the Title on behalf of the State has been completed. The Certificate of Alienability was issued by the Secretary, Department of Provincial and Local Government Affairs on 26th February, 2016 and the landowners epesetaties were paid K49,100.00 for their land and improvements with funds made available by the Enga Provincial Health Authority on 3rd June, 2016. 8. The Deed of Release was signed on 3rd June, 2016 by Mr. Etami Yuk and Mr. Pyakali Patrick (Abraham) who were identified in the Land Investigation Report as the Agents for the actual owners of the land. The Deed has also been signed by Mr. Make (Mark) Ambram (Abraham) and Mr. Peman Etami who are sons of the former signatories. The Deed of Release acknowledged receipt by the customary landowners of K49,100.00 in line with the Valuer-Geeals aluatio of the lad, fee for past occupancy, structural improvements and planted improvements thereon. Formal exchange of title will occur twenty-one (21) days thereafter when the period for objections expires. 9. The Project has proceeded with preparation of design and specification of the Community Health Post and three (3) staff houses. Tender processes will proceed with once ADB approval of the safeguards processes are completed. B. PROJECT AND COMMUNITY HEALTH POST DESCRIPTION Background 10. The Rural Primary Health Services Delivery Project will strengthen the rural health system in PNG by increasing the coverage and quality of primary health care in partnership with State and non-state service providers by supporting the Government of PNG to implement the National Health Plan 2011-2020 as it relates to rural health. The Project operates in two districts in each of the following eight Provinces nominated by the Government of PNG: Eastern Highlands, East Sepik, Enga, Milne Bay, Western Highlands, West New Britain, Morobe and the Autonomous Region of Bougainville. 4 11. The Project will make health service improvements on both the supply and demand sides and strengthen the policy and legal framework for health services at all levels. The Project has six (6) clearly articulated outputs: Output 1 – National policies and standards: assisting the National Department of Health in developing policies, standards, and strategies for new Community Health Posts, and human resource strengthening of the rural health sector. This will result in the development of Provincial health service development plans, and improvements in the health information systems. Output 2 – Sustainable partnerships between provincial governments and non-state actors: Partnership Committees have been established to improve coordination and efficiency among providers, (churches and NGOs) and to increase consistency and accountability. Partnership arrangements have been formalized through Memoranda of Agreement with most non-state health service providers. Output 3 – Human resource development in the health sector. The Project will increase the skills of health personnel in rural communities, focusing on the existing workforce. It will help provinces to address performance and retention issues. Output 4 – Community health facility upgrading: The Project will build thirty-two (32) new Community Health Posts, with ninety-six (96) staff houses as well as providing medical equipment and small vehicles (cars, boats, or motorbikes). It will also install or upgrade sanitation facilities, provide waste management facilities, and establish renewable energy supplies for selected health facilities. The Community Health Post is deeed a Leel Health Failit ude the PNG Natioal Health “eie “tadads, s Role Delineation Matrix and is required to provide maternal and child primary health clinics. Provision is also made for birthing and postnatal inpatient care, short term paediatric and adult inpatient services and for triage and stabilisation of critically ill patients prior to efeal to highe leel failities. A odest Poedue ‘oo is also provided to allow emergency care of trauma or serious medical conditions prior to referral and discrete consultation rooms are provided to ensure privacy for clients seeking care or advice for their conditions. The Tukusanda Community Health Post is expected to provide health services for up to forty (40) persons per day. Output 5 – Health promotion in local communities: The Project will support village health olutees, ad iease