Social Safeguards Monitoring Report. TIM L-2857/2858: Road Network Upgrading Project Contract Packages R4 Tibar - Gleno Road

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1 March 2015 TIM L-2857/2858: Contract Packages R4 Prepared by for the Asian Development Bank.

2 This social monitoring 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 judgments as to the legal or other status of any territory or area.

3 REPÚBLICA DEMOCRÁTICA DE TIMOR LESTE MINISTÉRIO DAS OBRAS PÚBLICAS, TRANSPORTES E COMUNICAÇÃO Social Safeguards Quarterly Monitoring Report (Report No. 4) Contract Package R- 4A Katahira Engineers International March 2015, Timor-Leste

4 1.0 INTRODUCTION 1. Land acquisition and involuntary resettlement is inevitable to the improvement of the originally total length of 31.87kilometer but to certain engineering considerations the new total length of 31.70kilometer Contract Package R-4, Tibar-Gleno Road under the Timor Leste (RNUP) due to the widening, cutting of slopes and installation of drainage system to accommodate the approved design. Despite that fact, much care was taken to ensure that the acquisition of lots, demolition of structures and other improvements including resettlement of Affected Persons (APs) are kept to the minimum necessary to adequately design and achieve the objectives of the project as well as the resettlement plan. 2. This project is jointly funded by the Asian Development Bank (ADB) and the Government of Timor Leste (GoTL) whereby the Commission for Administration of the Infrastructure Fund (CAIF) is the Executing Agency and being implemented by the (MPW) through the Project Management Unit (PMU) with the technical support of Katahira & Engineers International as the Construction Supervision Consultant in association with Kai Watu Kmanek-Consultant Unipessoal LDA. 3. The civil works was awarded to the Indonesian Construction Company PT. PP (PERSERO) Tbk by the MPW through the PMU and Notice to Commence was issued on October 30, 2013 with original effectivity date of October 21, 2013 and scheduled accomplishment on January 20, Upon acceptance of the project, the Contractor undertakes site preparation for the first 5kilometer that include among others: i) stake surveys; ii) ground staking of construction limit for reference in the clearing and grubbing; iii) start of the implementation of the Resettlement Plan (RP) from identification/validation, negotiation up to the payment of compensation of APs within the construction limit. Katahira & Engineers International 1

5 4. Once completed, the road project is envisioned to support the economic development of the country, help reduce poverty, and improve access to the markets and social services for the residents of the districts served by the road. 2.0 PROJECT BACKGROUND 5. The project starts at the Junction of Tibar at point 14.0kilometer of the Dili- Liquica-Mota Ain Road and passes through the mountainous area of Ulmera and Railaco towards the plains of Gleno District. (see Figure 1, Location Map) This project forms part of the most important north-south road linking Dili to the inland districts catering the primary coffee growing region of the country. It also serves as alternative link to Maliana and to the Indonesian part of the island. Figure 1 Location Map of the Tibar Gleno Road Katahira & Engineers International 2

6 6. Moreover, the existing road is experiencing heavy traffic that comprises commercial vehicles, trucks, buses, cars, vans, motorcycles and bicycles. The effect of the new constructed Roundabout at Sta altered the beginning of Tibar-Gleno Road Project that starts at that concludes the revise total length of 31.70kilometer which was considered and incorporated in the As-staked Plan duly acknowledged and approved by Minister Gastao Francisco De Sousa of the MPW. 7. The scope of work includes reconstruction and widening (from 4.5meter to 6.0meter) of the pavement structures (asphalt pavement, base and subbase), reconstruction and widening of shoulders, reconditioning or replacement of existing drainage structures, construction of additional drainage structures, repair or construction of stone masonry walls, installation of road signs and pavement markings, installation of guide posts and guardrails and bioengineering works. 3.0 SOCIAL SAFEGUARDS MONITORING ACTIVITIES 8. In February 2012, a Draft Resettlement Plan was prepared by SMEC International PTY. Limited, Australia in coordination with the Government of Timor Leste (GoTL). The Resettlement Plan (RP) was undertaken in compliance with the requirements of the ADB to identify the actual population and assets that will likely be affected and to determine the extent to which they can be affected, thus, resulting to land acquisition/expropriation, resettlement and securing the project s right of way. 9. The policy framework governing this RP was derived from and guided mainly by the ADB Safeguard Policy Statement and the Resettlement Framework (RF) adopted by the GoTL for the RNUP where Negotiated Settlement was applied. Negotiated settlement is an agreed amicable rates or package of compensation and entitlements for the APs to ensure that the cost is sufficient to cover the affected structures and assets, physical and non-physical, thus, Katahira & Engineers International 3

7 ascertain that the APs will not be worst-off and they could recover from the disturbances caused by the Project. 10. A Social Safeguard Monitoring (SSM) along with the submission of SSM Report to ADB thru the PMU is undertaken in a quarterly basis to determine whether or not the RP was carried out as planned and according to the Policy. 11. In general, the implementation of the RP is parallel to the ongoing activities of the Contractor that supposedly land acquisition and clearing of right of way was embarked on prior to civil works but the delay of RP implementation was due to the completion of other required documents including the allocation of fund for resettlement. 12. A Resettlement Specialist together with a Timorese Resettlement Assistant was tasked to handle direct negotiation settlements with all the AP s along the road corridor. Once the negotiations are completed, payment of compensation will be done in public by representatives from PMU, the Consultant and the Contractor in the area and witnessed by the Suco Chief. In addition, regular visits were undertaken to the project area in coordination with the AP s, the Local Leaders (Suco, Aldea, District etc.) and community to record grievances and status of complaints, to determine the level of satisfaction amongst APs, and to address other issues and concerns related to resettlement, disturbance and compensation. Public meeting involving the affected persons were also held prior to actual direct negotiations with the assistance of the Suco Chief who has the administrative responsibility on the areas where the road sections are located. 4.0 MONITORING RESULTS AND ACTIONS REQUIRED 13. Based on the Draft Resettlement Plan prepared in February 2012, the Summary of Impacts with a corresponding Resettlement Budget estimated at US$118, which is the subject of monitoring are as follows: Katahira & Engineers International 4

8 Impact Category Total number of Affected Households Total number of Affected Persons Total area of affected land Total number of Affected Structures Total Area of Affected Structures Magnitude of Impact 52 households 198 persons 4,950sqm 3 units 22 sqm Total number of Affected Roadside Businesses Total number of Affected Trees 25 units 912 trees 14. Hence, the 1 st quarterly SSM was conducted and the Report was prepared in June 2014 and submitted to ADB thru the PMU, from then regular quarterly monitoring has been conducted. The following is the milestone of the quarterly monitoring: Covered Period, February-June 2014 Monitoring Results Actions required Remarks As reflected in the 1 st SSMR, a total of 68APs within 9.03km were fully paid amounting to US$77, while 80APs along 7.02kilometer are completely negotiated but not yet paid with an estimated compensation cost of US$105, As per record, the estimated RP cost in February 2012 is US$118,038.00, however, the remaining 14.95km from Sta to Sta will need an additional amount of US$707, based on the recount of trees, fences and structures excluding land, thus, the RP budget then is deficit by US$65, In order to fully complement the RP, additional fund shall be There is a big difference between the number of APs and quantities of assets (trees, Baraka or kiosks, fence) as defined in the RP of 2012 compared to the number of APs and other affected assets during the actual construction works vis-à-vis actual implementation of the RP because the construction limit and the road right of way was not entirely delineated or established during the RP preparation. The only Katahira & Engineers International 5

9 allotted. basis in identifying APs and other affected assets that time is on the premise that the improvement will be confined within the existing width of the road and the widening on road sections that require cutting and slope trimming in the hilly and mountainous terrain was not even recognized. Covered Period, July-September 2014 Monitoring Results Actions required Remarks As of this 2 nd monitoring, the 80APs that completed negotiation settlements during the previous quarter has not been paid and even reached a total of 249 APs from the 80APs while the civil works is on progress. The Resettlement Staff were able to complete negotiation for the additional 169APs along the whole stretch of the project and what remains is the payment amounting to US$324, to fully comply the compensation procedure. The MPW thru PMU and Consultant are facilitating the early release of fund intended for the 249 APs in order not to hamper the construction activities. Covered Period, October- December 2014 Monitoring Results Actions required Remarks Up to this 3 rd monitoring period, no payments were handled for the 249APs. For this reason, the APs have already been issuing threats and acted violently to the crews and staff assigned The Consultant informed the MPW thru the PMU regarding the grievances of the APs of delayed in payments. The PMU acted upon the letter by organizing a Ministry of Finance (MoF) Payment Socialization The launching of a new scheme is substantial because this is a transparency approach in the project right of way acquisition. However, at this point in time for the unpaid APs this scheme might cause burden on their part especially Katahira & Engineers International 6

10 in those particular sections because they believed that the promises made by the Resettlement staff were contravened. Schedule to Suco-District that was held with the affected persons in the different road sections on December 9 for Tibar-Liquica; December 11 for Ulmera-Liquica; December 12 for Lehu-Ermera and December 15 for Tocoluli & Fatuquero-Ermera. The objective of the socialization is to present the new payment scheme formulated by the MoF and other regulatory agency. During the socialization, It was explained that the new scheme for the compensation packages will be directly deposited to the APs bank account by the MoF thru PMU. And for those with no existing bank account, the PMU will assist the APs in securing bank account through the use of mobile bank. The mobile bank will manage for the opening of accounts to the APs that will be gathered within a specific place, date and time to be attested by the Suco Chief. The only requirements to the APs are an I.D. picture and a copy of their national election card. if the compensation and entitlements accorded for them is only minimal taking into account also the place where they reside. More to the point, these APs are aware of the traditional way that was extended to the fully paid 68APs which is for them more convenient. Katahira & Engineers International 7

11 5.0 STATUS OF MONITORING COVERING THE PERIOD OF JANUARY- MARCH As of this 4 th monitoring, affected person Antonio Maria Araujo just request the Contractor and Consultant to level a ramp/gradient close to their area in exchange of the affected trees and crops negotiated at US$ (see attached letter request), thus, already resolved. The remaining unpaid 247APs (see attached list of APs) with an estimated amount of US$323, this will be settle as soon as possible by MPWTC/PMU on the process of the new scheme of payment. In addition, it appeared that the Mobile Bank as mentioned in the previous monitoring report didn t materialize yet. Instead, the APs initiated the submission of ID pictures and the National Election Card to the Consultant and transmitted to the PMU believing that it would facilitate for the early release of fund for the smooth payment of compensation accorded to them. 17. According to the PMU, the BCNTL requested for an advance payment to be utilized as operational expenses that includes amongst other the mobilization of the Mobile Bank. 18. Considering that the ID pictures and the national election card of APs are already submitted to the PMU by the Consultant and the only problem of the APs is the required initial US$10 for the opening of a bank account, the PMU affirmed their willingness to provide each AP a US$10 for that effect to be deducted from their compensation and entitlements. 6.0 GRIEVANCE REDRESS MECHANISM 19. The delayed payment causes grievances that need to be resolved. All complaints received written and verbally from the APs has been documented and shall be acted upon immediately according to the procedures stated in Katahira & Engineers International 8

12 the Resettlement Plan. MPWTC through PMU is working very hard to address all the issues with all the concerned agencies. 20. A meeting with Suco Chiefs from Lihu- Bernardo dos S. Babo; Ulmera Laurentino Martins and Tocoluli- Julio C. Salsinha was organized to address the grievances of the APs under their jurisdiction. This meeting was held at the office of the Consultant in Tibar on March 6, 2015 that participated by Representatives of KEI: Jesuino Neves-Deputy Resident Engineer; Napoleon Villanueva-Senior Works Inspector; Jose Ricardo-Local Resettlement Assistant and Dolores M. Viloria International Resettlement Specialist and MPW/PMU Representative, Wilfredo Galang- Resettlement Specialist. (Minutes of Meeting in Tetum and Attendance Sheet are attached in the Annexes). Highlights of the meeting are the following: Katahira & Engineers International 9

13 ISSUES AND CONCERNS OF THE SUCO CHIEFS 1. The Suco Chiefs concern on the request from the PMU and Consultant last November and December that the APs will be paid before the year ends of The Suco Chiefs expressed their sentiments that they are already blamed by the APs for their much delayed payment because they hold on to the statements during the Socialization in December Before this scheduled meeting, the Suco Chiefs informed the APs that a meeting was initiated on this day to address their grievances. RESPONSE OF THE PMU AND CONSULTANT It was explained by the PMU Representative that the cause of delay in the implementation of the new scheme of payment is due to the bulk requirements of the MoF that needs to be complied by the MPW/PMU and they are on the process of completing/compiling those requirements. It was also informed that the MOA to be executed by the MPW/PMU; BNCTL and MoF is already for finalization. The PMU and the Consultant felt sorry for them, thus, relieving them that we do understand their dilemmas. However, it was explained that keep them waiting for their claims is beyond the control of the MPW/PMU and Consultant because they have no control over the decision of the government. It was requested that they will explain to the APs that they will be paid from the time the requirements of MoF will be complied and their bank account will be opened. The required initial US$10 for the opening of bank account will be shouldered by the MPW/PMU to be deducted from the AP s compensation. After opening a bank account, it was assured that at least in 10days the APs could already withdraw their money. Katahira & Engineers International 10

14 However, this theory is still unclear because the question is, when will be the time that the requirements will be complied and accepted/approved by MoF so they could open their bank account? The PMU and Consultant assured the Suco Chiefs that effort has been exerted to address the APs grievances. Lastly, it was requested that more understanding and patience will be extended. 21. As the implementation of the project progresses, the road design needs to cut the slopes particularly in the mountainous/ravine area in Suco Tocoluli. The Contractor undertakes the procedure with care to save the trees but to some extent cutting of trees is unavoidable. As consequence, a number of trees with various species were inventoried by the Suco Chief together with his constituents and the identity of the owner of the trees were forwarded to the Consultant (copy attached in the Annexes) because based on their findings, the trees were cut and some felled naturally due to the execution of works of the Contractor. 22. To establish if payment will be extended to the owners of affected trees, site verification and assessment was conducted on March 20, 2015 together with International Resettlement Specialist; Deputy Resident Engineer, Instrument man; Tocoluli Suco Chief and AP Representative. 23. As per assessment and observation, when the Contractor started the earthworks operation, it cannot be avoided that some trees felled down not to mention the rain that occurred which causes landslide and soil erosion. This assessment was already coordinated with the PMU on March 20, 2015 and concluded that if the cutting and felled down of trees is under the negligence of the Contractor during the execution of works, it is the responsibility of the Contractor to pay for the damages. However, further investigation will be Katahira & Engineers International 11

15 needed to come up with final conclusion. (Photographs were taken at strategic location). 7.0 FINDINGS AND CONCLUSIONS 24. It is imperative that the delineated construction limit and the established project right of way must be the basis in the preparation of the RP to avoid the huge difference or increase in number of APs from the RAP preparation to the RAP implementation. The big differences create big implications to the estimated RP cost that leads to the delay of budget allocation and project implementation. 25. The introduction of the new Scheme of Payment to be adopted to all affected persons in the implementation of various government infrastructure projects is a good start for the government because this is a transparency approach in the acquisition of projects right of way. Certainly, this would be acceptable Katahira & Engineers International 12

16 and appreciable to the international financial institutions that would finance the infrastructure projects. However, at this point in time for the unpaid APs, this scheme might cause burden on their part especially if the compensation and entitlements accorded for them is only minimal taking into account also the place where they reside. More to the point, these APs are aware of the traditional way that was extended to the fully paid 69APs which is for them more convenient. 26. But, if this scheme will be implemented the soonest possible time, the grievances of the remaining unpaid APs will be addressed, thus, avoidance of untoward delay of payments from the APs will be eliminated, in return, the project will be smoothly implemented as well as it will achieve an effective Resettlement Plan implementation. 27. The 4 th Social Safeguard Monitoring will be conducted in June Katahira & Engineers International 13