Papua New Guinea: Bridge Replacement for Improved Rural Access Sector Project-Magi Highway

Transcription

1 Resettlement Action Plan Final Report December 2014 Papua New Guinea: Bridge Replacement for Improved Rural Access Sector Project-Magi Highway Prepared by Department of Works-ADB Projects Coordination Branch for the Government of Papua New Guinea and the Asian Development Bank.

2 This Resettlement Action Plan 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 INDEPENDENT STATE OF PAPUA NEW GUINEA DEPARTMENT OF WORKS L2783/2784 PNG: BRIDGE REPLACEMENT FOR IMPROVED RURAL ACCESS SECTOR PROJECT (BRIRAP) Resettlement Plan Update Magi Highway Project Number: L2783/ PNG November 2014 Prepared by Department of Works, Port Moresby, for the Asian Development Bank The Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily reflect those of ADB s Board of Directors, Management, or staff, and are final updates. i

4 Table of Contents ACRONYMS... iii GLOSSARY OF TERMS... iv A: EXECUTIVE SUMMARY... 1 B: PROJECT DESCRIPTION... 2 C: SCOPE OF LAND ACQUISITION AND RESETTLEMENT... 3 I. Projects Potential Impact... 3 ii. Scope of Land Acquisition... 4 iii Effects of Assets Lost... 4 iv. Common Resources... 5 D. SOCIO-ECONOMIC INFORMATION AND PROFILE... 5 i. Demographic features of the sub project area... 5 vi Impacts of Land & Assets Acquisition on affected peoples... 6 iii. Projects Impacts on poor, Different Ethnic groups, and other vulnerable groups... 8 iv. Gender & Resettlement Impacts... 8 E: INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION... 9 i. Project Stakeholders... 9 ii. Consultation & Participation Mechanisms... 9 iii. Activities undertaken to disseminate Project Information and Resettlement Information 9 iv. Results of Consultations with affected people v. Disclosure of the Planned Resettlement Plan vi. Planned information disclosure measures during project implementation F. GRIEVANCES REDRESS MECHANISM G. LEGAL FRAMEWORK i. National & Local Laws & ADB Policy requirements ii. Resettlement Policy Principles for the Project iii Principles and Methodologies for Determining Valuations and Compensation Rates iv. Description of Land Acquisition Process H. Entitlements, Assistance and Benefits i. Displaced Person s Entitlements and Eligibility ii. Assistance to Vulnerable Groups iii. Opportunities for Affected Persons to Derive Appropriate Development Benefits I: RELOCATION OF PHYSICAL STRUCTURES i. Options for Relocating Physical Structures ii. Consideration of Alternative Relocation Sites iii Timetable for Site Preparation and Transfer iv. Legal Requirements to Regularize Tenure and Transfer Title v. Measures to Assist Displaced Persons J. INCOME RESTORATION AND REHABILITATION i. Possible Livelihood Risks ii. Income Restoration Program iii. Special Measures to Support Vulnerable Groups iv. Specific Gender Considerations v. Suggested Training Programs K: RESETTLEMENT BUDGET AND FINANCING PLAN i. Itemized Budget for Resettlement Activities ii. Flow of Funds iii. Justification for Calculating Compensation Rates and Other Cost Estimates iv. Sources of Financing L: INSTITUTIONAL ARRANGEMENTS i. Responsibilities and Mechanisms for Carrying out Resettlement Plan ii. Institutional Capacity Building Program i

5 iii. Role of Civil Society Groups iv. Involvement of Women s Groups in Resettlement Planning and Management M: IMPLEMENTATION SCHEDULE N. MONITORING AND REPORTING Appendix 1: Socio-Economic Survey Questionnaire Appendix II PUBLIC INFORMATION BULLETIN Appendix III: Land Acquisition Cadastral Survey: Dogona River Bridge Appendix IV: Land Acquisition Cadastral Survey: Kokebagu River Bridge Appendix V: Land Acquisition Cadastral Survey: Sivitatana Bridge Appendix VI: Land Investigation Report and Land Valuation: Dogona Bridge Appendix VII: Land Investigation Report & Land Valuation: Kokekbagu Bridge Appendix VIII: Land Investigation Report & Land Valuation: Sivitatana Bridge Appendix IX: Improvement Valuation Report: Dogona Bridge Appendix X: Improvement Valuation Report: Kokebagu Bridge Map 1: BRIRAP Location... List of Tables Table 1: Summary of Eligibility and Entitlements Matrix Criteria for APs... 1 Table 2: Bridge Span and estimated cost of new bridge replacement... 3 Table 3: Scope of Land Acquisition... 4 Table 4: Key Dissemination and Resettlement Activities Table 5: Comparison of GoPNG Laws & ADB Policy & Gap - Filling Measures Table 6: Entitlement Criteria Matrix Table 7: Entitlements to Entitled Persons Table 9: Support Services Budget Table 12: Monitoring and Evaluation Indicators Cover Page: Dogona Bridge along the Magi Highway ii

6 ADB APs BRIRAP DLO DMS DOL DOW EA EIA GAD GAP GoPNG Ha HH HIV/AIDS IA IEE IOL IPSA JICA LLG LNQ MOA MTDP NGO OPA PIU PLO PNG PPTA PSA RC RF ROW RP SD&G SES SPRSS SPS STI TOR WB ACRONYMS Asian Development Bank Affected Persons Bridge Replacement for Improved Rural Access Project District Lands Officer Detailed Measurement Survey Department of Lands and Physical Planning Department of Works Executing Agency Environment Impact Assessment Gender Awareness Development Gender Action Plan Government of Papua New Guinea Hectares Household Human Immunodeficiency Virus/Acquired Immunodeficiency of Syndrome Implementing Agency Initial Environment Examination Inventory of Loss Initial Poverty and Social Assessment Japanese International Cooperation Agency Local Level Government Liquefied Natural Gas Memorandum of Agreement Medium Term Development Plan Non-Government Organisation Office of Provincial Administration Project Implementation Unit Provincial Lands Officer Papua New Guinea Project Preparatory Technical Assistance Poverty and Social Assessment Replacement Cost Resettlement Framework Right Of Way Resettlement Plan Social Development & Gender Social Economic Study Summary Poverty Reduction and Social Research Safeguard Policy Statement (ADB) Sexually Transmitted Disease Terms of Reference World Bank Exchange Rate: As of 2 nd December 1USD = PGK = iii

7 GLOSSARY OF TERMS Meaningful consultation A process that (i) begins early in the PPTA and is carried out on an ongoing basis throughout the project cycle. (ii). Provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people. (iii). Is undertaken in an atmosphere free of intimidation or coercion; (iv).is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, and implementation measures. Affected Persons (APs) Physical Displacement Persons who are impacted by the project; either by relocation or displacement of Households, economic losses including; Markets, trade stores, and crops and also those who; live close to the project such as neighbouring clans, public health and education workers, people of the same electorate, province or people from other provinces who regularly use the bridge. These persons could also be physically displaced (relocation, loss of residential assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Economic Displacement Loss of Land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use, or on access to legally designated parks and protected areas. Gender Mainstreaming Country Systems. Significant Impact Safeguard The process of ensuring that gender concerns and women s needs and perspectives are explicitly considered in projects and programs, and that women participate in the decision making processes associated with development-based activities. This is the legal and institutional framework of Papua New Guinea, and it consists of its national, sub national, or sectoral implementing institutions and relevant laws, regulations, rules and procedures that pertain to the policy areas of social safe guards. The loss of 10% or more of productive assets, (income generation), or physical displacement and or both. iv

8 Map 1: BRIRAP Location

9 A: EXECUTIVE SUMMARY 1. The project aims to replace temporary timber and bailey bridges and other badly deteriorating bridges on the National Highways in Papua New Guinea (PNG) with permanent bridges. The old bailey bridges will be used on Provincial and District roads to provide access to rural areas. The Project cover 27 replacement bridges on five priority National Highways and 22 reusable bridges on provincial, district and local roads connecting rural communities within the corridor of influence of these five priority national highways. 2. This contract package along the Magi highway in the Central Province involves the replacement of three single lane steel plate girder bridges with permanent two lane steel plate girder bridges. The old bridges will be dismantled and transported to Kwikila DOW base camp. The Central Provincial Government and DOW will decide on the relocation of the three bridges within the district. Land investigations at all bridge sites are completed except for the Sivitatana site and this is within a family and will be resolved soon. This sub-project requires land acquisition, which will not displace Households but will affect other improvements. Compensation for loss of land, gardens, tree crops, and other social and economic establishments will be made prior to commencement of works. This is critical to ensuring that the construction commences and completes without disruption. 3. The State will acquire hectares of land for the project, which will affect many food crops and plants on the ROWs at the three bridge sites. Loss of assets will include one grave and many food crops and economic plants and trees. Compensation will be paid to the affected persons (AP) at the replacement cost for the loss of their assets. Total Costs of displacement at replacement cost amount to Three Hundred and Sixteen Thousand, Seven Hundred and Ninety Two Kina and Seventy Toea (K316, ). Customary landowners have unanimously agreed to sell their land to the State and to allow for permanent bridges for safe access. and they have sufficient land for sustaining their livelihoods 4. The number of APs identified and recorded in the initial RP (2011) was substantially reduced from 258 to 205 and to 51. No houses will be affected in this sub project except for crops and food plants and these 51 APs will be compensated as stated in para 4. The APs originate from within the Rigo Central district despite certain claims that the Sivitatana APs migrated from Inland Rigo while Kokebagu APs originate from Saroa village. In terms of education and health services, the APs send school age children to school as most primary schools are located within their respective villages but the completion rate is poor. There is poor water quality and their health status is poor where many people die from dysentery related diseases before they reach the nearest hospital. 5. All APs at this sub-project areas relay on subsistence farming. Cash income from garden produce such as vegetables, yams, taro, aibika, and cash crops like coconut, support their livelihoods. All APs are eligible and are entitled to receive displacement fees at replacement costs. This is likely to have positive impact on all APs including women and children and other groups in the short term. 6. The following table shows the criteria being applied to determine eligibility to receive an entitlement: Table 1: Summary of Eligibility and Entitlements Matrix Criteria for APs Type of Impact Permanent Acquisition of Land Entitled Person (s) Entitlements Legal Owner(s) Provision of similar size of land is not including customary visible. Landowners Will be paid compensation at replacement 1

10 Temporary Use of Land Loss of Crops and Trees Loss of Commercial Structures Loss of Livelihoods Unforeseen or unintended impacts. Informal settlers on land to be acquired. Legal or Customary Land owners. All APs irrespective of Legal status. ALL APs regardless of Customary or migrant settlers. Any vulnerable HHs identified by additional social assessment. Concerned displaced persons. costs for Land acquisition and damage to households and crops. Contractor will pay rent on negotiated rates between APs & Contractor. All crops and trees deemed for damage will be paid compensation based on market rates APs will be provided compensation at replacement costs without deductions for depreciation or salvage materials or assistance in finding an alternate site. Vulnerable households will receive priority employment for project construction & maintenance work. Will be determined as per the principles of this RP & ADB s Safeguard policies. 7. Both male and female APs expressed full support for the construction as they want to have safe access because Dogona is a traffic hazard while Kokebagu and Sivitatana continuously floods during heavy rains and prevent access for over a week. Immediate replacement would be beneficial to APs and the travelling public who travel the Magi Highway between Port Moresby, Rigo and Abau electorates in the Central Province. An initial MOA has been signed by APs giving their consent to the State to proceed with project implementation. A total of six contracts of sales between the State and APs have been signed to give effect to land acquisition in lieu of cash payment. 8. May 31 st y 2014 is the cut-off date for any claims. DOW will commence compensation payment in November 2014 based on the LIR and Valuation commissioned by DOW as per Valuation. Compensation payments for both land acquisition and crop damage will be paid to all identified APs. There is a land dispute between family members at Sivitatana and this will be resolved soon The APs will relocate upon receipt of compensation payments and ADB will be constantly updated on the relocation progress. B: PROJECT DESCRIPTION 9. The Project aims to replace aging and single lane bailey bridges and other badly deteriorated bridges on the National Highways in Papua New Guinea (PNG) with double lane permanent bridges. The old bailey bridges will be dismantled and re-deployed to Provincial and District roads to provide access to rural areas. The Project will cover replacement of 27 bridges which include: 17 bailey bridges, two steel truss bridges, three steel plate girder bridges, two log bridges and three causeways. Twenty two (22) of these bridges (17 bailey bridges), 3 steel plate girder bridges and the two steel truss bridges) are reusable on the five priority National Highways. 10. It is anticipated that improving access for rural communities will have positive impacts on access to better social and economic services, and therefore better living standards. Importantly this project will contribute to improved flow of traffic, less traffic congestion at bridge sites, and a safer road transport service. 11. Expected overall outcome is improved and safer access to markets and social services for rural population living along the selected road corridors and expected specific outputs are: (I) 2

11 Reduced bottlenecks on the National Highways, (ii). Safer journeys for both motorized and nonmotorized transport users on the roads, (iii). Improved capacity of the road agencies especially Department of Works (DOW) and National Roads Authority (NRA) to manage bridge assets but also to provide greater levels of accountability and transparency; and (iv) maintenance of the bridges by beneficiary communities (DOW 2011). 12. The project is aligned and consistent with the medium and long term national development plans, goals and strategies. One of the targets of the National Governments Strategic Development Plan is that by 2030 eighty five percentages (85%) of rural communities will have access to better and safer road transportation. This project will contribute towards achieving that target. In addition, it should have positive impact on rural industries such as Mining, Petroleum, Logging, Agroforestry, Agriculture and other downstream processing projects. 13. The Project is estimated to cost US$100 million and will be funded by an ADB loan of US$90 million comprising a US$50 million ADF loan and US$40 million OCR loan, and counterpart funding of US$10 million from the Gong. 14. The Magi Highway component of the project will cost US$12.9 million or K36.5 million based on detailed engineering design (DED) and current exchange rates. Table 2 provides details of the specifications of the three bridges and their estimated costs. Table 2: Bridge Span and estimated cost of new bridge replacement Name of Chainage Bridge 2011 Est Final PNG Kina Bridge span (m) Cost (US$) Cost Est. (US$) Dogona 62.7km 25m US$ 6.4m US$ 2.3m K 6.5m Kokebagu 77.6km 25m US$ 6.4m US$ 4.8m K13.6m Sivitatana 80.7km 25m US$11.9m US$5.8m K16.4m Total 75m US$24.7m US$12.9m K36.5m 15. The existing Steel plate Girder Bridges (STBs) are small and deteriorating. These will be dismantled, transported to and stored at DOW base Camp at Kwikila District Station. DOW will make a decision in consultation with CPG whether or not to re-use them on provincial or district roads in the Central Province. 16. This resettlement plan (RP) relates to the three bridges and immediate communities that will be affected. They will sell their land to GoPNG and will relocate their gardens to other areas. C: SCOPE OF LAND ACQUISITION AND RESETTLEMENT I. Projects Potential Impact 17. This sub-project does not require physical displacement of HHs meaning all bridge sites have no HHs located within the ROWs. The Detailed Measurement Survey (DMS) confirmed that the State will acquire hectares of land for bridge alignment and road approach which becomes the 3

12 ROWs on all three bridge sites as shown in (Appendix III, IV & IV). The ROWs land currently accommodates: gardens, plants, and a grave. ii. Scope of Land Acquisition 18. Table 3 shows the extent of land to be acquired. Details of these are in Appendix VI XI). It includes full listing of names of APs and the number and names of crops, plants and trees that will be foregone. Bridge Name Table 3: Scope of Land Acquisition Estimated Land Loss (ha) Crops/Trees loss Dogona Sago, Bush trees, Mango trees, Noun tree, Breadfruit tree, Rosewood tree,kwila tree,pandanus Nuts trees, palm trees, flowers, other herbal plants, vanilla plant, coconut tree, frangipani tree, Banana trees, betel nut tree, mustard, pineapple, yam, taro, cassava, sugar cane,pawpaw,gum trees, Kokebag u Sivitatan a Aibika, Banana, Sugar cane, Pawpaw trees, Rain trees, Mustard plant, Taro Plant,Tomatoe plant,aupa Kumu,Coconut tree, Mango trees, Bean plants, betel nut trees, bush trees, Taro crop,parchoi plant, water curries, Kaukau,Ross wood,cassava, guava trees, Banana trees, coconut trees, pawpaw trees, mustard plant, mango trees, Guava trees, Bush trees, Bread fruit trees, pine trees, rain trees, palm trees, betel nut palms,rosewood,sweet potato, gum tree, 1 grave Total No of APs iii Effects of Assets Lost 19. The loss of land, vegetables, cash crops and other trees will affect APs although they have other gardening land to cultivate these crops. The APs access to the sites to harvest betel nut, vegetables and other edible crops grown on site maybe affected but access is negotiable with contractors. Often these items grown on the bridge sites provide additional revenue for the APs to sell to the travelling public. These activities will be disrupted as a result of the construction. The area for gardening in the ROW will be affected even though there is an adequate supply of food from other garden areas. 1 Two out of the fifteen are land owners and the other thirteen have crops affected. 2 Three are land owners while seventeen are compensated for their crops. 3 Two of the sixteen are land owners and one cemetery was also paid for. 4

13 20. Extra portions of land will be required by the Contractor on each bridge site for the construction camp, equipment and materials storage and construction workers residential camps. The contractor and the customary landowner will agree at a rental fee to occupy the land and then return it after the completion of the construction. 21. There is only one road side market located 500 metres east of the Sivitatana bridge site (refer to appendix XVI) that enables APs to sell their local produce to generate cash income. This is not in the ROW, therefore will not be removed during the bridge construction. The other two bridge sites do not have similar markets but some APs confirmed that they do sell food crops and betel nuts harvested from their gardens on the respective sites only during harvest days. iv. Common Resources 22. In these sub project areas, fish is considered the most common resource although the rivers are free flowing and have a low volume of water that may not have a built up of fish population. The Dogona bridge site is not suitable for fishing due to its hilly location while the other two had no signs of fishing. The locals indicated that fishing is difficult in the rivers. The rain trees (Casuarina spp) in the Kokebagu and Sivitatana region has become a common resource of higher value and yields higher revenue in the region as a result of two portable saw mills milling timbers to make pallets. The individual owners are selling directly to the saw mill. These rain trees have communal ownership and are sold by clan consensus and proceeds shared equally. Only a few rain trees at Kokebagu will be removed. D. SOCIO-ECONOMIC INFORMATION AND PROFILE i. Demographic features of the sub project area 23. Users of the Magi Highway are mainly the indigenous people of the Rigo and Abau Districts of the Central Province with a population of 237, 016 people. All these people use the Magi Highway to commute from the respective districts to and from Port Moresby. 24. It has been identified that a total of 41 households housing 206 persons with an average household size of 5.0 occur in these sub-project villages. The number of persons per household ranges from a high of 5-7 at the Dogona and Sarokaina villages to 9 at the Sivitatana village. It is however not an uncommon practice for households of persons in the Central Province. This sub-project area has the following demographic composition: 20 years and under % years % > above 40 years % 25. The above data shows that over 80% of the population are young people up to those in middle age (40s). The population in the sub project villages comprises of 45% being female and the male population consist of 55%. The general practice among the communities in the Central province is that girls often get married as an early age around 17 years. It also was evident that most girls marry before they complete Grade 10 & The 73% enrolment rate in education indicates the positive attitude to education. Despite the above enrolment rate, only 33.65% completed Gr10. This number was further reduced to 12.2% completing Gr.12. The education prospect drops among the APs as they reach the higher pyramid of education where % end up in various colleges and only 4% complete University. Attaining a 5

14 higher level of education is not the desire of households at the bridge sites and this may be attributed to other factors such as finance or the foresight by parents This is further constrained by the social structures of the clans and beliefs that all should be equal and subservient to the elders. 27. All HHs are headed by malesin the sub project area. Both male and female population participate in subsistence gardening to support their livelihoods. Every member of a family from children to adults contributes to the household provisions. 28. The HH membership is usually comprised of extended members from both paternal and maternal kinship. Distant relatives visit them from time to time but do not reside permanently. There are two Highlanders, one Bougainvillean and one West New Britain migrant residing in Sivitatana village permanently but will not benefit directly because they moved in recently. vi Impacts of Land & Assets Acquisition on affected peoples 29. Income: APs at the three bridge sites generate cash income from a variety of sources, primarily from: sale of garden foods, betel nuts, trade stores, PMVs, timber milling and pallet crafting, and remittance from relatives who work in formal jobs in urban centres. The APs at Kokebagu earn a relatively higher income of K20, a month through timbers and crafted pallets and supply regularly to Coca Cola factory, SP Brewery, and other big companies like Monier and packaging companies in Port Moresby 30. Annual income per head ranges from K2, 033 at Dogona, K6, 071 at Kokebagu and K3, 033 at Sivitatana. These annual income levels per year are relatively higher compared to other villages throughout PNG. The sub-project will also inject money through income through wages, purchase of goods at local markets, temporary land rentals and sub contracts. 31. Benefits for Land acquisition are expected to be paid to the clans through the clan leaders as indicated in the Contract of Sales Documents (Appendix XII, XIII & XIV). The village leaders from all bridge sites confirmed that land acquisition monies is paid directly to them so that they would be responsible for distribution. The Councillors and village leaders as well as members of the clans stated that that they want DOW to pay APs directly instead of the common practice of making payment through Central Provincial Administration. They have experienced some bad practices by officers from the Central Provincial Administration in the past. 32. Compensation payments to individuals with garden plots and cash crops will be paid directly to owners (see Appendix IX, X & XI). A separate MOA will be signed to formalize the consent by the APs to forego improvements and relocate as agreed and to undertake not to make further demand from the state for compensation payments in the future. These compensation payments are considered as benefits in lieu of foregoing their assets to pave way for the construction of the three bridges. 33. APs will receive compensation for land purchase and improvements, i.e. removal of crops, planted and natural trees and a grave). 34. Land Ownership: Landownership rights in these bridge sites remain with customary owners which have been transferred from generation to generation through the patrilineal lineage system. The Dogona bridge site is owned by two clans namely; Goriga and the Gininana clans. The Kokebagu bridge site is owned by three groups namely; Aboga Kabudo and Tomura Mamaea from the Goina 6

15 clan, and Mana Inia of Dogoro clan. The Sivitatana bridge site is owned by Verave Rubu and Bole Rubu clans (see appendices XII, XIII & XIV). 35. Livestock: Certain APs at all bridge sites own between 2 to 4 pigs. Other than pigs, there have been no visible signs of cattle grazing, goats or sheep farming. There are, however evidences of people venturing in to chicken broilers at all the sites. 36. Estimated total expenditure: The annual income described in paragraph 30 and 31 has not translated into improving living standards but are said to be spent on less important goods. From the interviews, about 58% of the total annual income is spent on processed goods, 14% education and health care, 4% on foot wear, 15% on school fees and clothes and 10% on cultural and religious commitments. Cultural beliefs do contribute to a non-saving culture where revenues have not gone into businesses or building permanent houses. This practice is exacerbated by the belief that the paramount chief is the only person who can acquire a high level of affluence and everyone else in the village must remain below his standard. Hence, they are not to build a permanent house or to go into running a PMV business. 37. Occupational Structure: Most AP households are engaged in subsistence agriculture, primarily from their gardens to daily sustain themselves. Commercial agriculture such as rubber, coconut and cocoa are not evident in the affected villages. Small-scale subsistence farming in banana, coconut, and vegetables are mainly for HH consumption with surplus production sold at mini markets for cash. Betel nut is not a major cash cropping activity in the sub-project area. 16.7% of the total population (both male & female) have fulltime occupations either in the private or public sector in urban centres throughout PNG. APs are excited that this project will provide windows of opportunity for paid jobs and increased demand for market produce. It was noted that none of the APs are involved in artisan or handicraft production, arguing demand only exists for handicrafts produced in the Highlands, Sepik regions or Milne Bay Province. 38. Operating trade stores and Public Motor Vehicles (PMVs) are business ventures pursued by some APs. Three APs from Sivitatana own and operate PMVs while Sarokaina villages have five PMVs comprising of 3 Toyota Dyna trucks and two 15 seater buses. In addition, there are several from Saroa village which serve the Kwikila to Port Moresby travelling public. The PMVs provide regular income for the drivers, crew members and the owners of the PMVs. At Sarokaina, 4 APs have trade stores with five diesel retailers and road side store goods. Saroa village has more than 5 trade stores. 39. Access to Public Services: Health care amenities, though not up to standard, are within the AP s reach. The APs from the three bridge sites have access to Kwikila Health Centre, while for smaller illnesses they get treatment from the respective Aid Posts. Kwikila Health Centre provides services for immunization, awareness on communicable diseases and HIV/AIDs. These rural health centres also provide treatments for malaria, cough, water borne diseases such as diarrhoea and dysentery and associated skin diseases. Cases of Typhoid, TB and other chronic deceases are referred to Port Moresby General Hospital. 40. Water borne diseases and deaths are prevalent at the Kokebagu and Sivitatana River bridge sites as water is not boiled to drink. Generally, water extracted from the rivers is not boiled. APs reported that the highest rate of death is diarrhoea and dysentery followed by malaria, typhoid and TB. 41. Educational facilities from elementary to lower secondary level are located within walking distance from the villages. That includes: Saroa Primary School (the oldest of the three), Sarokaina and Sivitatana primary schools. Teacher retention at both primary and secondary schools is high 7

16 because they can travel along the Magi Highway in excellent condition to Port Moresby, which is not far away. 42. Access to micro-finance is only available in Port Moresby making it relatively difficult for APs to access let alone the stringent collateral requirements of the banks 4. Agricultural extension services has not been provided for years although there is a Community Development Officer based in Kwikila, who does not perform his duties because of funding constraints. iii. Projects Impacts on poor, Different Ethnic groups, and other vulnerable groups 43. Poverty is a relativity term that is linked often in monetary terms and may not apply in a rural setting. Given the strong culture of extended families caring for each other, it is difficult to define and label one as being poor at present. What is possible however in the medium term is to use present data and living standards of the APs as the base point to measure increments of attainment such as annual incomes, increased value of assets and improved health and education conditions of the APs. These will be done at the pre-commencement and post completion stages of the sub project. And maybe then poverty will be more obvious than at the present time. 44. There are a few migrants from other ethnic groups living with the APs who will benefit from the positive impacts of the bridge program. For example; at the Dogona Bridge there are migrants from Inland Rigo who live among the APs. There are other individuals from Tari, WNB and Bougainville living in Sivitatana who will be in direct beneficiaries of the project. 45. Similar to the poor persons, the vulnerable groups could not be easily identified. It is normal for the APs to cater for persons with disabilities, the elderly, the widows, and the sick. Again the extended family culture diminishes traits of vulnerability. When asked about vulnerability and desegregation of persons living with HIV/AIDs, the informants were reluctant to expose any such stories except in expressing that persons living with HIV/AIDS reside in Port Moresby, not at the villages impacted by the project. However, women APs can be classified as vulnerable groups who may be subjected to abuse by contract workers when construction commences but presently they are well protected. The project will need to offer special incentives to women such as job opportunities. iv. Gender & Resettlement Impacts 46. Woman APs when asked about the management and handling of large amount of cash during the payment of compensation for land and crops forfeited for the construction of the bridges, openly expressed their views that management and distribution of income from any source are responsibilities of men. They expressed that although they would like their voices heard in the decisions to be made, they would remain silent out of respect for their custom, and to avoid family conflicts. 47. Being paternalistic societies, decisions relating to family and village welfare are determined by men and passed on to women and children. It is the view of male APs that employment of casual workers be restricted to men however, it should not prevent the contractor from employing women. Women are equally capable of doing any job whether it be lifting metals, timbers, stone piling, digging using spades, cooking, washing or security guards, or any other job because the SIS survey noted that women in all of Central Province work harder than their male counterparts. Men are 4 Banks do not accept land at villages as collaterals for micro-financing 8

17 generally perceived as being boastful and lazy. Women APs pointed out that if men folks work hard on their land, all arable land would be cultivated. 48. The possibilities and incidents of family violence, marital problems, promiscuity and alcohol related problems have been observed in many other similar projects in PNG. Continuous awareness on the effects and impacts of these incidences including HIV/AIDs will contribute to mitigating these social and health problems. Whilst it may be difficult to control these social issues, preventative and precautionary measures will be taken to cater for and attend to them. Where incidents relates to a contract worker and a member or members of the local community, the Community Liaison officer (CRO) will facilitate meetings to ensure amicable resolutions are reached and there is minimum disruption to construction work. E: INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION i. Project Stakeholders 49. The primary project stakeholders are the landowners who own and occupy the three bridge sites. The nearby clans of the same tribe(s) are not regarded as party to this group although they are members of the broader community in which they share common believes and values and partake in social events such as cultural shows, church gatherings, and land matters. 50. Secondary stakeholders are neighbouring clans, commuters from Inland Rigo, Hula, and Abau District, respective local level governments and Central Provincial Government. The bridges after construction will have many secondary stakeholders, especially PMV owners, business houses and commuters. ii. Consultation & Participation Mechanisms 51. Meetings with individuals and group consultations were held in the sub project area. Several meetings were convened with the APs at various locations (Table 4) to discuss the likely impacts of land acquisition and forfeiture of personal and community assets such as gardens where food crops, betel nut and coconut trees and cultural establishments are located. Consultations commenced July, 2013 April 27, A meeting was also held with the Kwikila District Administrator at the District office to discuss management of issues. 52. Additional meetings were held with the Kwikila District Administration Officers at the district office. The Kwikila District Coordinator for Public Works workedfulltime to assist in the Land Investigation and Valuation of crops. CPG Lands Officer and Surveyor were invited to meetings at DOW office and engaged to map each bridge site and to complete the Land Investigation Report (LIR). The District management was pleased to assist the contractor to ensure there is no lost time during implementation. iii. Activities undertaken to disseminate Project Information and Resettlement Information 9

18 53. Disclosure of information of the project, the construction of the bridges and its implications including loss of land and assets commenced in March All stakeholders were aware of the replacement of bridges and the need to forego land and gardens (assets). Information was disseminated during the PPTA and during the DMS and SIS consultations and APs were fully informed of the project and its implications. 54. Details of these meeting dates and times are listed in Table 4. Table 4: Key Dissemination and Resettlement Activities Dates Bridges Notes Participants 11/11/13 Dogona, Kokebagu and Sivitatana. SIS Meetings on site and DOW & APs. explanation of the need to acquire land damage to crops. 14/11/13 Meeting with Central Provincial LO 15/11/13 Dogona Bridge Sivitatana Kokebagu 25/11/13 DOW Office Re. Sivitatana 29/11/14 Dogona Kokebagu Sivitatana 25/05/14 Dogona Kokebagu Sivitatana Meeting to discuss Cadastral Plan, LIR, and Valuation of properties & SIS. Discussed SIS and Land ownership. 2hr at Sivitatana village. 1 hour discussion with APs at Dogona bridge site. 15 minutes at Kokebagu due to bad weather. Discussed SIS and equal distribution of Land compensation among clan members & APs. 9-11am. Meeting with APs 12-1pm: Meeting with APs 3-4pm: Meeting with APs 10-11am Meeting with APs 12-1pm: Meetings on site 2-4pm: Meetings on site Central Prov. Lands and DOW. DOW & APs at Sivitatana village. Dogona. Councillor Babaga & DOW. Meetings on site All meetings on site Effective consultations started in July 2013 and were concluded on the 21 April, All bridge sites were visited seven times to conduct Cadastral Mapping, LIR and quantity surveying. Every AP was informed about the need to acquire land and pay compensation for all assets at replacement cost. During the consultation, the RP or its drafts were not made available during the community meetings but this was mentioned to the communities. This final RP will be made available at DOW - PIU and most of the affected persons are within travelling distances and can come in to view the RP. It will also be uploaded on the DOW website. iv. Results of Consultations with affected people 55. The Primary stakeholders acknowledged the State s right to build roads and bridges for the good and interest of the Public. There was overwhelming support with little objection to the loss of assets and resettlement. Following are some of the remarks from the APs at some of the meetings. That all Land compensation payments be made to clan leaders. The Leaders will then discuss with respective beneficiaries and decide whether to distribute evenly, equitably or invest in small and sustainable businesses. That all crop payments be made direct to owners of garden plots. 10

19 That DOW should handle all cash payments instead of Central Provincial Lands or Provincial Works due to: mismanagement, demand for commissions, travelling allowances, or delaying payments. Any deposits into District office for disbursement to APs will be a complete disaster. All third parties should be eliminated to ensure transparency in cash distribution. Well qualified welders, stone wall builders, carpenters, plumbers, drivers, cooks, cleaners and all other trades are available in each village. They asked DOW to direct all contractors to consider employing local labour (both male and females) instead of recruiting from other places. Access to clean water supply was a major concern raised by all the APs. The provincial and national governments have not provided any assistance over the years and with the population increase in the area, there has been increased demand for clean and safe drinking water. APs were advised that the DOW in collaboration with the LLG would facilitate the possibility of the contactor providing assistance in this regard. Women expressed their desire to participate in the bridge construction as workers along-side their male counter parts. They were advised that the contractors will be obligated to ensure that special considerations be given to women APs for employment opportunities. APs have been managing the issue on HIV/AIDS at the village level and they said it s not a major issue of concern, however, the State expects the Contractor to have a contingency plan to carry-out awareness campaigns through community meetings, delivery of pamphlets, posters and erect bill boards and issue condoms on site. Kwikila District Administration was pleased with the briefing and pledged their support during construction phase. The District Management also expressed their desire to decide on the use of old bridges because they know the priority areas under their district infrastructure plan. DOW and District Management need to discuss this matter further to reach some compromise. v. Disclosure of the Planned Resettlement Plan 56. Initial information about the project, its negative and positive impacts including displacement and resettlement were verbally relayed to the District Administration. They were also engaged in the detailed Measurement Survey (DMS) which enabled them to know the exact parcel of land that would be acquired, and subsequently the loss of gardens and garden crops and other trees of economic value. 57. As stated in para 55, the final resettlement plan will be made available with the PIU officer and it will also be uploaded onto the DOW website. Most of the villagers in the sub project area can reach the PIU office within two hours should there be an issue regarding resettlement which is anticipated to be very minimal or nil. 58. Relevant information contained in this report has been disclosed to key persons at each site, especially where it relates to land acquisition, crop and vegetation damage, payment schedules, and beneficiaries; and strategies involved in providing equal job opportunities for all gender groups. 11

20 59. The Community Liaison officer (CLO) will advise APs of additional land acquisitions for the contractor s site camp office, accommodation and water source. In consultation with the DOW, the CLO will from time to time inform APs through brochures and leaflets of progress of the project. 60. Communication with APs was less of an issue as nearly all APs speak and understand English and Pidgin 5. Motu speakers had interpreters. For documentation purposes, languages to be used will be English and Pidgin. vi. Planned information disclosure measures during project implementation 61. Maintaining regular flow of information on progress status of the project and issues on a regular basis will mitigate disruptions and enable smooth progress. Medias include newsletters, leaflets, radio announcements, and periodic consultations with APs. DOW will endeavour to disclose all necessary information to all stakeholders through progress reports. F. GRIEVANCES REDRESS MECHANISM 62. For Land Disputes, the Central Province DOW will establish a Grievance Redress Mechanism (GRM) to receive and address project related concerns and to resolve land related concerns that may arise during project implementation. APs will be informed by DOW on how they can access to the grievance redress mechanism. Disputes relating to landownership rights are legally contestable in a court of law as per the Land Disputes Settlement Act It is anticipated that most grievances will be resolved through the traditional mediation process. 63. The Project in collaboration with the Central Province Lands Officer will be assisted by the District Lands Officer. Together, they will institute a process to resolve disputes and grievances based on the accepted procedures of mediation. As required the participation of the appointed and traditional leaders will be facilitated to achieve a satisfactory resolution of issues at the local level. 64. In general it is anticipated that customary mediation will yield satisfactory results although in accordance with the Gender Plan prepared for this project, every attempt will be made to ensure that women APs, irrespective of traditional constraints, will be included and not excluded from the mediation processes outlined here. However, it also needs to be noted that this process varies from clan to clan including those APs at the three bridge sites included in this RP. 65. APs can also lodge a complaint with the PIU in Port Moresby. Although the APs on each bridge site are closer to Port Moresby, they are at liberty to lodge such complaints with the Project Safeguards Staff and Project Supervision Consultants who will also assist in registering their complaints with the PIU. This will include assisting aggrieved APs to prepare their specific grievances and the PIU Project Manager will consider the complaint and within 15 working days convey a decision to the APs. The Safeguards Staff as well as Local Government Officials will assist the Project Manager in reviewing and addressing the complaint. The Safeguards Team will also facilitate communication between the APs and PIU in this process. If the APs are not satisfied with the decision, they may then take the grievance to the PNG Judicial system. A register book will need to be maintained within the PIU to document these grievances. 5 Pidgin is the ligua franca for Papua New Guinea and is spoken and understood by over 90% of the population. 12

21 66. If the grievance is to be taken to the PNG judicial system as per the Land Disputes Settlement Act 2000, the following three steps in the dispute resolution are part of this process: (a) Local Lands Court (LLC): The case is heard before the Local Court Magistrate for determination. If the litigants are not successful, they may appeal to a higher court. (c) District Lands Court (DLC): The case is heard before a District Land Court Magistrate. If the litigants are not successful, they may appear to a higher court. (d) Provincial Lands Court (PLC): The case is presided by a Provincial Land Court whose decision is final. 67. It needs to be noted that if recourse to the PNG judicial system is necessary because of the failure of other means of grievance redress and the courts at any stage find in favour of the litigants, all costs associated with this form of dispute resolution will need to be paid by the Project. Therefore this process should always be used as a last resort. 68. In the event that grievances that cannot be resolved through legal redress, the DOW and DLO will hold the compensation amounts in escrow. Compensation will be paid in full upon final resolution of the case through other means of mediation for an agreed upon amount by the aggrieved parties (APs) in accordance with the entitlements of the affected persons. 69. Grievances with regards to wages, employment opportunities, sub-contracts, and social issues caused by construction workers will be dealt with at the sub-project level. Any issue of criminal nature will be referred to Police. The Contractor will deal with such grievances on site because they have an obligation to address community issues. Usually, APs would want to refer grievances through DOW if they are not satisfied with response from the Contractor. Should such occur, DOW will intervene to mediate and resolve such disputes. Based on the nature and severity of the case, DOW has the power to direct the contractor to resolve disputes to ensure construction is completed unhindered. G. LEGAL FRAMEWORK i. National & Local Laws & ADB Policy requirements 70. The policy framework and resettlement entitlements are based on the laws and regulations of the GoPNG and ADB s Safeguard policy. Appropriate PNG Laws include: (a) the 1996 Lands Act, and (b) the 2000 Land Dispute Settlement Act. The Resettlement Framework for the project provides description of the relevant laws. Relevant ADB policies include the 2009 Safeguard Policy Statement (SPS) and the 1998 Gender and Development Policy. 71. The GoPNG does not have any specific resettlement policies at the National, Provincial or local level for relocating and resettling people which would apply to the APs being relocated. PNG however does have relating to acquisition of land and assets by the state for public purposes (eminent domain), and related legal procedures, compensation payable, and the legally defined procedures for receiving and facilitating the resolution of affected persons concerns and grievances are all incorporated in the Land Act of

22 72. In this sub-project, land and properties are on customary land tenure for which this Land Act has processes that address the issue of customary land to be used for development purposes. The Act covers customary land rights, which includes land owned, used or occupied by a person or community in accordance with current customary usage. Access to land and resources are embedded in social relationships and expressed as customary land rights to utilise resources. Small clan based groups live in the villages, managing their own resources, and exercising their rights to utilise them. These groups (clans which are composed of sub-clans, lineage groups, and at the lowest level extended households) are typically made of primary right holders the leaders of the group who collectively have the authority to allocate user rights through their spokesperson. The rest of the lineage typically possesses secondary right. Such rights maybe inherited or gained through marriage to a primary rights holder and are strongly influenced by forms of matrilineal descent. 73. ADB 2009 SPS includes the following policy principles of relevance to a project of this nature that does not involve the physical displacement of affected persons but rather the need to relocate some physical structures, and secure suitable replacement land for gardening based activities, which inter alia will also apply to the sub-project along the Magi Highway: (i) (ii) (iii) (iv) (v) (vi) Screen the Project early on to identify past, present and future involuntary resettlement impacts and risks. Carry out meaningful consultations with affected persons, host communities, and concerned non-governmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of the vulnerable groups, especially those below the poverty line, landless, elderly, women and children, and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Improve or at least restore, the livelihoods of all displaced persons through (a) land based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and, (d) additional revenues and services through benefit sharing schemes where possible. Provide with needed assistance, including the following: (a) secure land use tenure on land identified for new garden sites and (b) if necessary transitional support and development assistance such as land development, credit facilities, training or employment opportunities. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide access to land and other resources that is both legal and affordable. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlement will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation of loss of non-land assets. 14

23 (viii) Prepare a draft resettlement plan and disclose a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time bound implementation schedule. (ix) (x) Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and results of resettlement monitoring and disclose these monitoring results. 74. The ADB 2009 SPS also states that where there are indigenous peoples their identity, dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded so they can receive culturally appropriate social and economic benefits. However, not all people living along the Magi highway are indigenous to the region having originated in other regions of PNG. Generally, in PNG, all Papua New Guineans are indigenous and are in the main stream. There is no specific tribe or clan that practices their culture and traditions in isolation. However, as the SES to date demonstrates, it is the rights of APs indigenous to the villages of this Magi Highway corridor and that right and access to land needs to be safeguarded. 75. The other policy of relevance to this project is the ADB s 2003 Policy on Gender and Development, which requires that all ADB financed projects ensure where possible and practicable special design features and strategies will be built into projects to facilitate and encourage women s involvement and ensure tangible benefits for women. 76. There are some gaps between GoPNG policies and procedures and those of the ADB. The main gaps relate to: (i) carryout meaning consultations that also ensure people living below poverty line, landless, elderly, women and children are consulted; (ii) requirement to improve or at least restore livelihoods of all displaced persons by ensuring all displacement costs of assets lost is paid; (iii) provision of economically displaced persons with necessary assistance to improve upon or restore their existing livelihoods at least to national minimum standards of living; (iv) ensuring that displaced persons without recognizable rights to land are eligible for compensation for loss of non-land assets; and, (v) monitoring and assessment of resettlement outcomes. Table 5: Comparison of GoPNG Laws & ADB Policy & Gap - Filling Measures 15

24 PNG Laws ADB SPS Requirement There are no There is a provisions for requirement that ensuring not only must meaningful consultations take consultations that place but evidence include the people is provided that living below the poorer and poverty line, the vulnerable people landless, elderly, are informed of women and other their entitlements vulnerable and resettlement facilitated. options. There are no It is needed to provisions to improve but at improve or at least restore the livelihoods of all APs. There are very limited provisions to provide assistance or compensation to APs who lose assets. (e.g. Valuer Generals 2013 Price Schedule is applied.) There is no requirement for the monitoring and assessment of resettlement outcomes. Source: RP 2011 least restore livelihoods of all APs by a range of strategies targeted at APs. Requirement by ADB that APs are compensated for loss of non-land assets at full replacement costs. The ADB requires that that these outcomes be monitored and assessed. Gap Filling Measures RPs will be uploaded on the ADB website, edited and translated versions translated versions will be available at the Provincial, district and local level, and local clan leaders whose members are affected will also receive a copy of the RP. Also where relevant civil society groups that agree to participate in the monitoring and evaluation of the RP will receive full copy of the RP. Measures will consist of building upon existing livelihoods to ideally provide for an improvement in living standards or if impossible at least to restore to pre-subproject levels. Valuer General has been requested to provide an updated 2011 schedule for garden crops, food trees and timber trees. Valuer General has provided an updated 2013 Price Schedule. The M & E indicators prepared for this resettlement plan will enable outcomes to be monitored including their impacts on living standards of APs and whether the objectives of the resettlement plan have been achieved by taking into account baseline socio-economic conditions. The monitoring reports will also be disclosed including to APs. ii. Resettlement Policy Principles for the Project 77. DOW as the EA has prepared this RP and hereby unequivocally states that it will abide by national and local laws applicable to resettlement and the policy requirements of the ADB. Specifically DOW will ensure affected landowners will be paid fair compensation for land and other productive assets acquired at agreed upon replacement cost; and be responsive to grievance processes; and act in an accountable and transparent manner; and will ensure that women will also be entitled to benefit during the resettlement processes. The principles on land acquisition, compensation and resettlement that DOW will commit itself to in the Central Province include: 16

25 a) Land acquisition and resettlement has been minimized through careful detailed engineering design but in accordance with GoPNG policy where, a 40 meter ROW is required. In the case of Magi Highway only the gardens and economic trees and one grave will be displaced. The displacement is considered necessary as the APs have gardens right in the middle of the ROW. b) APs were consulted during the inception stage of the project through to the completion of RP and will continue to be consulted during project implementation stage. This RP was updated with full participation of the APs. Effective mechanisms will be established for hearing and resolving grievances. c) APs will receive compensation at replacement cost for their loss of productive assets and this should ensure they will be as well off if not better off than if the Project did not proceed. d) All compensation will be fully paid to APs prior to the commencement of site clearance at each of the three bridge sites. e) Absence of formal title is not a barrier to compensation and assistance and particular attention will be paid to women and other vulnerable people. f) Land acquisition and the destruction of plants on the ROW will be conceived as part of the Project and costs related to these forms of involuntary displacement of gardens will be included in and financed out of the Project cost as part of the GoPNG contribution to the Project as cost. g) The impacts of these three sub-project bridges, including unforeseen losses and damages that may occur during either bridge construction or realignment of the approaches to these three bridges will be carefully monitored and remedial steps taken as required. iii Principles and Methodologies for Determining Valuations and Compensation Rates 78. APs co-operated with DOW in identifying land boundaries, land for acquisition and physically quantified their productive assets list for forfeiture and its estimated cost. A fair market value was determined by DOW using the APs estimates, and the 2013 Valuer Generals price Schedule, the general market and price trend in property development along the project road corridor, as well as the following information: information about recent land transactions; land value by types; cropping patterns and crop production; and, availability of land in the sub-project areas. 79. It was anticipated that there would be some disputes but recent consultations and assessment indicated that disputes were very minor and have been resolved. DOW is obliged by law to accept the Valuer-General s assessment and this has already been conveyed to affected landowners and land-users at each of the three bridge sites. 17

26 iv. Description of Land Acquisition Process 80. Based on the 1996 Land Act the DOW has applied the following procedures when acquiring at least a 40 meter right-of-way at the three bridge sites: DOW in consultation with Central Provincial Administration engaged surveyors and Lands Specialists to determine boundaries, location, size and area of the land to be acquired in accordance with the detailed design of each of these three bridge sites. Surveyor-General s office was requested to vet, approve and register the surveys, which have already been approved, signed and registered (refer to attachment VII). DOW had requested the Department of Lands and Physical Planning (DLPP) and Office of Provincial Administration (OPA) in the Central Province to do the investigation for land acquisition. The Central Province Lands Officer was asked to conduct the land investigation and prepare a Land Investigation Report (LIR) including ownership, genealogy, rights and interests held in the land, and, estimated value of improvements to land in consultation with the landowners and Kwikila District Lands Officer and other relevant government offices. The Survey Plan and LIR were then submitted to the OPA in Central Province for his recommendation for the surveyed land to be purchased. The OPA will prepare a certificate of alienability confirming that there is no impediment to land acquisition. The LIR was sent to the DOLPP for approval of the land and improvements that includes physical structures, garden crops, food trees, and other trees. The Valuer-General vetted the valuation based on the 2013 Valuer Generals Price Schedule. DOW will receive the valuation report and certificate of alienability, raises cheques and prepares purchase documents. DOW will use the signed documents and cheques for execution and payment to landowners, because APs have insisted that DOW must handle the payments to avoid fraudulent activities. The DOW, in consultation with Central Province Land Office will make the offer to the landowners. The forms are executed and money is handed over in accordance with the requirements of the landowners. If rejected, it then goes to the Minister of Lands for a negotiated settlement. 81. The DOW acknowledges that where land has been acquired for roads in areas such as the Highlands region there have been many problems that have delayed project implementation but on the Magi Highway it does not envisage problems of such magnitude. 18

27 H. Entitlements, Assistance and Benefits i. Displaced Person s Entitlements and Eligibility 82. Detailed identification of APs, assessment and valuation of affected assets and negotiations for land acquisition at the three bridge sites has been completed. Completion was successful following consistent and effective dialogue between DOW and APs since 2013 through participatory meetings. The Cadastral survey and LIR was done in coordination with the District Lands Officers (DLOs) to collect relevant information. The date of signing of the land investigation report by the DLOs will be the cut-off date for eligibility for compensation and any rehabilitation assistance. The following are the procedures summarizing eligibility for compensation and other assistance to APs: Landowners and land users that have either documented claims to the affected land or are able to demonstrate that this land belongs to them to the satisfaction of the DOW as with the crops, cassava crops, yam plants, banana plants, coconut trees, betel nut plants, sand miners, and the properties at each Bridge site as of the cut-off date which is 31 st May 2014 will be eligible for compensation and/or rehabilitation assistance as per this RP. Any person or group that occupies or uses the land identified for the Project after the cut-off date will not be eligible for any compensation and/or assistance. They will be required to move from the land as per the provisions of the Land Act. Landowners and land users who have satisfied the DOW that they either have documented claims to the affected land and/or other productive assets or through the DOW investigation can demonstrate that they are the rightful owners or users, will receive compensation for land acquired by the Project. Those APs who cannot satisfy the DOW that they are the rightful users but are using the land anyway will receive compensation for productive assets attached to the land and other assistance as required. 83. Eligibility and entitlement for compensation and other assistance is summarized below: Table 6: Entitlement Criteria Matrix Type of impa Entitled Person (s) Permanent Legal owner (s), Acquisition including customary of Land Landowners Temporary use of Land Loss of crops and trees. Legal owner(s) of land, including customary landowners. All APs irrespective of their legal status. Entitlements Landowners will be provided equivalent size and quality of land, or cash compensation at replacement cost. APs will be provided compensation only for their damaged crops, trees, and structures on project affected land. Landowners will be paid rent on terms between them and the contractor. APs will be given notice to harvest crops and trees before site clearance or removal from required land. If 19

28 Loss gardens of Loss of commercial Structures Loss of livelihoods. Unforeseen or unintended impacts. APs whose loss of gardens is more than 10% loss livelihoods support. All APs (whether have legal title to land or not). Any vulnerable HHs identified by additional social assessment. Concerned affected persons. APs are not able to harvest, they will be paid cash compensation at replacement cost. In case of perennial crops and trees, the compensation will also include loss of income for a period until new crops or trees produce an equivalent income. APs will be provided with income support based on number of crops being quantified. APs will be provided compensation at replacement cost without deductions for depreciation or salvaged material and assistance in finding an alternative site. Vulnerable HHs will receive priority employment for project construction and maintenance. This will be determined as per the principles of this RP and the ADB s Safeguard policy. 87. As per the above entitlement and eligibility criteria matrix, DOW concluded that APs are entitled to receive cash payments in lieu of land acquisition and damage to crops/plants as per the following table: Table 7: Entitlements to Entitled Persons Bridge Name Type of Impact Entitled Person (s) Dogona Land Acquisition 1.Goriga & Gininana Clans ( ha) Kokebagu Clan Land Acquisition 1.Aboga Kabudo (Goina Clan) (2.082ha) 2.Tomura Mamaea (Goina clan) 3.Mania Inia (Uguia Dogoro Clan) Sivitatana Land Acquisition Raga & Babaga Babona (Verave Rubu & (2.3450ha) Bugave Lologa & Others (Bole Rubu Clan) Entitlement K41, K42, K47, Total 7 entitled clans K130, Dogona Improvements 13 persons K62, Kokebagu Improvements 17 persons K79, Sivitatana Improvements 14 persons K44, Total 44 entitled persons K186, Total Entitlements to APs on each bridge site (For full listings of each recipient of entitlements, see Appendices III XIV). K316, ii. Assistance to Vulnerable Groups 84. The SES undertaken for this RP indicates that there are no households that are significantly affected that can be classified as vulnerable. There is no displacement from their current shelters of residence. As a token of providing work related opportunities,, DOW expects the successful bidder to 20

29 compulsorily undertake to employ at least one to two members from the HH closer to the bridge on construction related activities on a full-time basis. iii. Opportunities for Affected Persons to Derive Appropriate Development Benefits 85. There are a number of both quantifiable and non-quantifiable development benefits APs will be able to leverage as a result of this Project. Benefits include: Employment opportunities can be afforded to APs by the contractors that not only ensure a stable waged income over two years but an opportunity to acquire non- agricultural skills without having to leave the local community. Women will be offered the same types of employment-based opportunities as men and of equal importance will be able to actively participate alongside men in other resettlementbased activities thereby also having an indirect impact upon the patrilineal structures of male domination in traditional PNG society. Social risks associated with HIV/AIDS and other STIs will be mitigated to some extent by employing as many people on bridge construction activities locally as possible and awareness and prevention programs designed to empower women. There will be opportunities to provide a range of goods and services to outside bridge construction workers that will enhance the local economy because such workers will generally have greater purchasing power than local villagers. Improvements to overall bridge design, including pedestrian walkways, and changes to bridge approach alignments geared to improve road safety standards and render NMT users safer than hitherto has been possible. The opportunity to learn experientially how to diversify crop production possibly with newer higher yielding varieties or different cropping regimes and improve upon traditional land management practices. The bridges as part of a longer term developmental strategy to enhance connectivity between rural and urban PNG will ultimately result in improved market links and access to a wider range of goods and services. The opportunity to invest compensation monies in clan-based activities such as social support for pre-school children and elderly clan members to ensure greater levels of social inclusion and maintain clan social cohesiveness. I: RELOCATION OF PHYSICAL STRUCTURES i. Options for Relocating Physical Structures 86. This sub-project does not require physical relocation of HHs, mini-market structures or any other economic settings that would significantly displace an AP. The initial report identified Sivitatana market for relocation. Further assessment indicates that it will not be affected as it is located almost 500 metres away from the bridge. However, 1 grave has been identified for relocation and this will be relocated. 21

30 ii. Consideration of Alternative Relocation Sites 87. The new locations for resettlement are not being identified because there are no relocations of HHs. iii Timetable for Site Preparation and Transfer 88. As per the Implementation Schedule outlined in Table 10 all land must be acquired between the months of September - November 2014 before civil works commence in December APs will harvest all gardens and relocate any crop that is required for replanting to their new sites between September and November before construction commences. iv. Legal Requirements to Regularize Tenure and Transfer Title 89. The Land Act (No. 45 of 1996 and ratified on 20/12/96), specifically Section 13 (6) states that GoPNG may acquire the land in question and the DOL at the provincial level (in relation to Magi Highway reference is to Central Province) is able to issue the Native Dealing Number (NIT) that regularizes tenure and enables title to be transferred. However, the process of acquiring customary land and transferring titles to APs will take at least two years for the process to be completed. The process is also tenuous and contagious in the sense that if DOW contemplates land acquisition on behalf of the State and then transfers to the affected APs, the very objective of trying to construct the said bridges will be delayed by years. In other words there will be a diversion of focus from the bridge construction to the customary land acquisition and title transfer. To avoid this problem, DOW will pay them compensation fees at market rate and they will relocate to their old gardens as agreed by APs identified and consulted. v. Measures to Assist Displaced Persons 90. The sub project will purchase and supply high yielding crop variety seeds to affected APs and training in terms of agriculture and provide training in agriculture and livestock. J. INCOME RESTORATION AND REHABILITATION i. Possible Livelihood Risks 91. APs on all three bridge sites will be temporarily exposed to social and economic risks as they begin to experience the cash flow in their villages. They will also experience food security risks in that part of their source of food supply; particularly garden foods will be adversely affected. Women APs and other disadvantaged groups will also be exposed to other social risks such as HIV/AIDs, sexual harassment by construction workers, and alcohol abuse by local construction workers due to increased flow of cash income in the project areas, which is also likely to cause disharmony among 22

31 family members. Although these communities are closely knitted and therefore these issues will be kept out of the communities. 92. Regular income from vegetables sales will not be affected as compared to the compensation payments they will receive. The HHs will have the choice to decide whether to replant the young betel nut and banana plants in other gardens they have or destroy them together with medium to matured trees. Note that the State is not obligated to secure a new location to resettle these vegetables and betel nut trees because the state pays for damages as per valuation. 93. Apart from the Sivitatana road side market, there aren t any other formal markets on the subproject sites. APs are likely to establish temporary markets on all construction sites. These will enable them to receive additional income during construction period because contract workers prefer betel nuts, coconut, cigarettes, soft drinks, etc. 94. Some livelihood risks that might impact upon clan members who had not experienced loss of access to productive land might relate to road side gardens shown in the attached photographs which will be removed during construction. This also relates to the nature of fishing during actual bridge construction. The impact per se is not on a critical habitat upstream from the bridges but in close proximity to where fish are typically caught. However, this indirect impact has not been quantified as part of this RP although by making reference to the IEE for each of these bridge sites it can be noted that it is thought the impacts will be minimal. Nevertheless, this is a livelihood issue that DOW is prepared to flag because it is seeking to embrace better practices with resettlement planning processes that it implements. ii. Income Restoration Program 95. Income expected to be generated by the APs as a result of foregoing land and vegetation are significantly higher compared to other villages not affected that are in the same region. With the anticipated income they are able to improve food security and improve personal hygiene. APs were unable to feel the impact of income generated from the sales of vegetables from their gardens at each bridge site but with the payment of land and crop compensation, they certainly will feel the positive impact of having access to large amount of money at any one time. 96. The GAP based on the Social Assessment undertaken as part of the Project concluded that incomes would be enhanced to purchase local foods at the markets if APs were employed as construction workers. It is estimated that each of the three bridges will take up to three years to construct and during this time waged labour opportunities should be made available as a priority to APs. Such employment opportunities on their own do not ensure sustainable livelihoods but being paid at least the minimum wage and enjoying working conditions as per ILO Core Labour Standards (a recognized requirement for ADB financing of the Project). DOW is confident that APs will be considerably better off financially as a result of the Project. This is the experience DOW has found elsewhere in PNG when waged employment opportunities are offered locally. It should also be noted that experience with waged employment on a relatively long-term basis will be a new experience for most of the APs based on consultations facilitated as part of preparing this RP. 23

32 iii. Special Measures to Support Vulnerable Groups 97. The Contractor will conduct special training and counselling programs that emphasis on fostering cordial relations with APs. Most important lessons relates to outside workers relationship to APs where such relations should not disadvantage vulnerable APs. Other specific vulnerable APs were not identified but the contractor will ensure that strategies are in place to identify and assist any specific group that needs special attention from the contractor. iv. Specific Gender Considerations 98. DOW recognizes that specific gender considerations apply to all public infrastructure projects it both executes and manages. As part of this RP women APs have been consulted both in mixed groups with men APs but also in groups just consisting of women with consultations being facilitated by a woman. The measures proposed in this RP to enhance the positive impact of the Project on women APs and other women living in the Project area are as follows: Iterative consultations with women at all stages of the Project cycle and importantly in the preparation of the RP. Via the RP ensuring that women clan members not just men clan members are compensated for loss of land and other productive assets. Facilitating processes whereby women APs can lodge grievances with the DOW and ultimately ADB if they are dissatisfied with any aspects of the RP. Ensuring that women APs and not just men APs are offered priority waged employment on the Project and are afforded equal pay and on-the-job training opportunities. Addressing concerns women APs might have with safety and security issues in contexts where they have to relocate their gardening activities. Ensuring that all livelihood outcomes on socio-economic data is gender disaggregated to analyse impacts at the intra-household, the intra/inter clan, and where relevant inter-tribal level. v. Suggested Training Programs 99. Training of APs will be considered as one of the critical tools of fostering mutual relations with construction workers. APs, especially from Sivitatana and Kokebagu queried whether the project will provide some form of training on agriculture. Although DOW does not try to duplicate roles of another government function, it will be one of ADB policy to ensure training is provided to enhance skills and knowledge that they would use to improve their livelihoods. DOW will work either with agricultural outreach officers from the government or the NGO sector or both to provide training. The Construction Company will hire trainers from HIV/AIDS council to provide to APs and Construction workers APs that will be offered priority employment on the Project where some of whom have never been involved in similar projects. The Construction Company will provide on- the-job training to all APs recruited to work. Such training will include but not be restricted to activities such as pile-driving, concreting, and welding and community relations officers; taking into account occupational health and safety issues and the lack of real experience by most APs, especially women APs. The contractor will also be required to offer practical training in bridge maintenance to APs as DOW is considering the employment of local communities to undertake routine maintenance on bridge assets. 24

33 K: RESETTLEMENT BUDGET AND FINANCING PLAN i. Itemized Budget for Resettlement Activities 101. Budget for this sub-project involves the costs for Land purchase, and compensation for crops, trees and the single grave. It is also important to note that a specific budget is included in consideration of financing the implementation of the RP The implementation of the RP and construction schedule may progress unhindered if due care and consideration is given to RP. According to DOW s valuation of land and crops the total cost for this sub-project will amount to approximately PGK 316, or US$112, (Table 8). Included also in Table 9 is the Support Service Budget for the implementation of this RP where a total K150, (US$43,070.00) is required. Table 8: Resettlement Budget No Description Land Area Cost (PGK) Total (US$) 1 Land Acquisition Dogona ha *K41, US$14, Kokebagu ha K42, US$14, Sivitatana ha K 47, US$16, Total ha K130, US$45, Planted Improvements Dogona K 62, US$22, Kokebagu K79, US$28, Sivitatana K44, US$15, K186, US$66, Total K316, US$112, Other RP costs include: a) Any special assistance to vulnerable APs that might be identified during construction phase that did not appear during the actual SIS. b) livelihood enhancement training for women and men; c) expenses for outreach in agriculture and forestry based activities; d) purchase of newer and higher yielding seed varieties; and, e) Monitoring and Evaluation. Table 9: Support Services Budget Item Cost Centre Amount (PGK) US$ 1 Donations to Vulnerable groups K20, , Training of APs K20, , Agriculture Extension K20, , Monitoring & Evaluation K50, , Community Relations Officer K40, ,152 Total K150, US$43,

34 It is likely that items (c) and (d) i.e. outreach in agriculture and forestry and new seed variety covered under Agriculture Extension will be based on cost norms that DOW has applied to other projects it is implementing that involve resettlement activities. ii. Flow of Funds 103. Funds earmarked for compensation payments for: Land, Crops and Physical structures will be paid directly to APs from DOW once it has been paid to this Office by the Department of Finance in Port Moresby. DOW prepares the funds for disbursement based on DMS and the funds will be drawn down as part of the GoPNG contribution to this Project. Payment for temporary use of land is made directly by the Contractor to local APs based on an agreement between the two parties as to the actual amount. This will not involve the DOW or other parties unless APs are dissatisfied with the amounts offered by the contractor Funds for remaining activities will be paid directly by the DOW once disbursement has been made by the Department of Finance to DOW in Port Moresby. An alternative arrangement might be for the DOW Central Province to be paid directly by the Department of Finance but DOW is not generally agreeable to this alternative because it does not necessarily guarantee the level of accountability and transparency required as disbursements are not guaranteed by law unlike the payment of compensation to APs. iii. Justification for Calculating Compensation Rates and Other Cost Estimates 105. Compensation rates were based on replacement cost calculated by a registered Valuer and approved by the Valuer-General. Calculation of these rates took into account the opinions of APs, especially the ones that were able to demonstrate rates based on recent land transactions in land of equivalent value in their village or nearby villages. Replacement costs also took into account some likely escalation in land values as a result of this Project contributing to a general rise in land values along the Magi Highway Other cost estimates will be based on cost norms the DOW has applied to other infrastructure projects involving the construction of bridges that it is responsible for implementing. However, some of the cost norms for activities (ii) to (v) inclusive will be based on consultations with APs and civil society groups who are more familiar and experienced in estimating the costs of such activities than the DOW. Government departments familiar with agricultural and forestry based activities were also consulted in relation to activities (iv) and (v) prior to deriving at the final figures. iv. Sources of Financing 107. The GoPNG is financially responsible for all resettlement activities with the exception of ADB agreeing to the financing of TA Consultant services to oversee the resettlement based activities during detailed design and RP implementation, monitoring and evaluation of these resettlement activities. 26

35 L: INSTITUTIONAL ARRANGEMENTS i. Responsibilities and Mechanisms for Carrying out Resettlement Plan 108. DOW is both the Executing and Implementing Agency for this Project. DOW in collaboration with Central Province s Lands Office and DOL day-to-day activities related to land acquisition and assessment of losses of other productive assets were carried out. These activities included: Collaborate with and assisted by District Lands Officer at each of the three to undertake work to comply with the Project s policies and ADB requirements. bridge sites Provided resources, including where necessary DOW, Central Province Lands Office DOL expertise, to carry out the Inventory of Loss (IOL) and Detailed Measurement Survey (DMS). Collaborated and assisted by District Lands Officer in negotiations and agreements affected landowners or land-users. and with Facilitated consultations with affected communities and ensured that all stakeholders were informed about the Project, its policies and procedures; ensured that all requirements concerning public disclosure of the provisions for land acquisition and compensation; and, overseeing and monitoring the grievance redress process. Reviewed, updated and endorsed the RP prior to submission to the ADB for approval, ensuring that all matters related to land acquisition and other forms of compensation were complete and correctly reported upon. Monitoring the process of allocation and disbursal of funds for compensation at both the national and provincial levels and ensure that funds are available and compensation is paid in a timely manner. Undertake all other activities including the monitoring of land acquisition and other productive assets compensation payments DOW in consultation with OPA, including the PLO and DLO executed work plan, implement, and monitor land acquisition activities at the sites of the three bridges. The responsibilities included: Undertook cadastral surveys of land required permanently for these three bridges and measured out the area of land required for acquisition by the Project Negotiated and signed Memorandum of Agreements (MOAs) for the acquisition/use of customary land with the clan leaders and affected landowners and/or land-users. Temporary land leases required for the three bridges will be done by the successful contractor. 27

36 Consulted and advised affected communities about the Project, the policies and procedures when land is required and the rights and responsibilities of directly affected people and other indirectly affected peoples The Provincial Governor and Provincial Administrator have been regularly advised of the progress on consultation with APs and they will also be advised of the disbursement of all funds allocated to pay compensation. Local Level Government Ward Councillors have assisted in helping DOW to facilitate all consultations with local communities, affected people, and other stakeholders to pave way for compensation payments. They will also be able to assist during payment of compensation to APs and monitoring of project implementation. ii. Institutional Capacity Building Program 111. As part of the preparation of the RP it has been concluded by DOW in Port Moresby that governmental staff who will be involved in implementing this RP require more training in the ADB s social safeguard policies and procedures because this project will be the first one to be implemented by DOW after the 2009 Safeguard Policy Statement that became operational in January It is also considered necessary by DOW to review GoPNG policies and procedures for the acquisition of land and other forms of involuntary resettlement. Finally, some DOW staff has limited training in survey tools and techniques that are necessary to prepare a RP and these could be areas that will require further input from the project. Officers to be targeted will include DOW, PDOL and DDOL, relevant staff of the Valuer-General s office, and any other organizations that might be involved in land acquisition and compensation activities, including civil society groups A Land Acquisition Officer from DOW was supposed to be assigned within the PIU based in Port Moresby to implement the RP but did not eventuate due to manpower shortage. The Project also provided consultancy support via a Safeguards Specialist to build capacity within DOW and local governments to prepare, implement, and monitor the RP. iii. Role of Civil Society Groups 113. While there are some civil society groups in the Project area most of them are religious-based and are less than satisfactory for the purposes required as part of the RP. However, there are at least two Port Moresby based NGO groups that have worked with DOW in the past. These two NGOs are the Centre for Environment, Law and Community Rights (CELCR) and Environment Law Centre (ELC). Both these NGOs are non-sectarian in nature and have a good understanding of both gender and indigenous people s development issues and in the opinion of the DOW are able to work more effectively with local communities than other NGOs: they are also more cost effective. Subject to satisfactory negotiations either NGO or both will be contracted by DOW to undertake external monitoring and evaluation of the RP. Although this is a Category B project and monitoring will be done by DOW. iv. Involvement of Women s Groups in Resettlement Planning and Management 114. The DOW is mindful of the important role women who are affected by involuntary resettlement in resettlement plans, and the Gender Action Plan prepared for the Project, based on consultations during the preparation of this RP, outlines in detail how the resettlement planning and management processes will be implemented to ensure affected women are not disadvantaged as a result of the Project. Principally compensation payments will be made in such a way that affected 28

37 women rather than simply men will receive an equal share of compensation payable based on severity of loss and women will also be encouraged to seek grievance redress if deemed necessary. M: IMPLEMENTATION SCHEDULE 115. The implementation schedule for resettlement activities to (i) update the RP; (ii) implement the RP; and, (iii) monitoring activities is arranged as follows: Table 10: Implementation Schedule (1) Item Activities Schedule Update of Resettlement Plan 1 Confirmation of legally binding Memorandum of Agreement Month 1 (MOA) with landowners on use of land (an initial MOA was signed during the PPTA) 2 Confirm land requirements based on detailed engineering design of Month 2 the three bridges 3 Securing authorization from the Department of Land for cadastral Month 3 land Survey. 4 Follow up consultations with affected communities and agreement on Ongoing land use/acquisition. 5 Cadastral survey of land and submission to Surveyor-General for Month 3 Registration. 6 Request Provincial Land Office to prepare LIR including valuation of Month 3 land and improvement) 7 Submission to the Office of Provincial Affairs for Certificate of Month 4 Alienability to be signed by the Provincial Administrator. 8 Valuer-General verifies the land valuation at the three bridge sites. Month 4 9 Department of Works updates the RP in consultation with Month 5 & 6 landowners, including agreement on compensation rates and discloses updated RP. 10 Department of Works submits the updated RP for approval and Month 6 uploading on the ADB website. 11 ADB issues no-objection to the RP. Month 7 Resettlement Plan Implementation 12 Department of Works issues checks to Provincial Land Offices for Month 8 execution of land acquisition and payment of compensation 13 Provincial Land Offices complete land purchase and issue Native Month 9 Dealing Number 14 Payment of compensation and allowances Month 9 & Department of Works submits to ADB the Land Acquisition Month 9 Completion Report. 16 Award of civil works contract Month 10 & Clearance of acquired land. Month 11 & Commencement of civil works (contingent on 100% of compensation Month 13 and allowances being paid). 19 Payment of adjusted compensation, as required, for unforeseen damages and losses. Actual month of damage Monitoring Plan 20 Department of Works establishes AP socio-economic baseline. Month 17 29

38 21 Department of Works submits progress report to ADB on implementation of the RP. 22 Department of Works conducts post-resettlement survey and final Monitoring report. Table 11: Implementation Schedule (2) 6 monthly Month 36 30

39 31

40 N. MONITORING AND REPORTING 116. DOW will implement and monitor all activities associated with land acquisition and payment of compensation to APs. The scope of monitoring includes: (i) compliance with the agreed policies and procedures for land acquisition; (ii) prompt approval, allocation and disbursement of compensation payments to APs, including if necessary supplemental compensation for additional and/or unforeseen losses; and, (iv) remedial actions, as required. The monitoring will also cover the social impacts of the three bridges and whether APs are able to restore, and preferably improve, their pre-project living standards, incomes, and productive capacity. A monitoring and evaluation program utilizing the following indicators has been drafted on the understanding it can be subject to change, including by APs who will be afforded the opportunity to suggest indicators they consider of more relevance to their livelihoods than are considered relevant by other stakeholders. These monitoring and evaluation indicators are shown in Table The SIS undertaken of APs for this RP together with the Social Assessment undertaken for the Corridor of Influence along the Magi Highway will be used as the baseline to monitor and evaluate the above indicators. They will also be used in conjunction with monitoring and evaluation indicators prepared for both the GAP and EMP for these three bridges. The DOW will prepare and submit semiannual progress reports to ADB as part of project performance monitoring. The DOW will also submit a subproject land acquisition completion report to ADB when compensation has been paid To ensure that there is adequate accountability and transparency with monitoring and evaluating the outcomes of this RP, an external Consultant paid for by DOW will be appointed to undertake independent monitoring and evaluation. Such reports together with those prepared by DOW will be submitted to ADB at six monthly intervals as per the Implementation Schedule. On completion of the sub-projects this external Consultant will prepare a report highlighting its assessment of resettlement outcomes for all three sub- projects in the Magi Highway Corridor. Table 12: Monitoring and Evaluation Indicators Type Indicator Process Indicators Output Indicators oindicator Staffing Consultation, participation, and Resolution Grievanc Procedures in Operation Households Structures Economic Trees an Crops Assistance to APs Examples of Variables No. of PIU staff by job functions. Engagement o Safeguards Staff and Training No of other agency officials available for tasks. No o consultation and participation programs held wit various Stakeholders. No of field visits by PIU Staff, No of civil society groups participating in Projec Effectiveness of compensation / assistance deliver system Coordination between PIU and other GoPNG agencies, project supervision consultants, and civ society groups. No. of households affected, No. of communit structures, if any, moved out, No of households receiving agreed compensation fo trees and crops, No of households that have participated in incom restoration and livelihood enhancement measures. 32

41 Impact Indicators No of special assistance programs to vulnerabl households. Assistance for income Training and assistance in agriculture and forestry. Restoration an Livelihood Enhancement of No of households participating in income restoration an Household Earning livelihood enhancement programs. Capacity Special Assistance to Women Other Livelihood Indicators Employment status of households having a form job. Employment status of households being sel employed. No of households receiving income enhancemen skills training, No. of women engaged as waged workers by the Projec Type of Project-related skills women received training in Average wage of women employed on Projec compared to that of men. No of women receiving income enhancement skil training. Increase in market- based incomes o women traders. Increase in ownership of household assets. Increased access to schooling and health services Increase in visits by GoPNG service providers. Appendix 1: Socio-Economic Survey Questionnaire Household Composition 1.Household Numbers 2. Ages of HH Members 3. Genders of HH Members 4. Relationship to Other HH Members 5. Ethnicities of HH Members 6. Education Levels Social Characteristics of Households 1. Family Structure 2. Lineage Affiliations 3. Clan Membership 4. Community Organizations 5. Class Background 6. Religious Affiliation Income, Assets and Expenditure. Individual Income 2. Corporate/collective Income 3. Land Ownership 4. Livestock 5. Common Property Resources 6. Estimated Total Expenditure Occupational Background 33

42 1. Subsistence Agriculture 2. Commercial Agriculture 3. Rural Waged Employment 4. Other Waged Employment 5. Small and Medium Enterprise 6. Public Sector Official Access to Public Services 1. Health Care Amenities 2. Water Supply and Sanitation 3. Educational Facilities Gender Roles and Issues 1. Control of HH Finances 2. HH Decision-Making Responsibility 3. Membership of Village Organization 4. Maintenance of Public Goods 5. Interaction at Supra Village Level 4. Motorized Transport 5. Micro-Finance 6. Agricultural Extension Attitudes and Preferences of Affected people 1. Project Generally Beneficial 2. Exacerbates HIV/AIDS 5. Prepared to Gift Land 3. Increase in Traffic Accidents 6. Willingness to Work on Project 4. Negative Environmental Impacts 7. Commitment to Maintain Asset 34

43 Appendix II PUBLIC INFORMATION BULLETIN PNG BRIDGE PROJECT: IMPROVING RURAL ACCESS PNG BRIDGE PROJECT: IMPROVING RURAL ACCESS 1. GOAL TO IMPROVE THE RURAL ACCESS AND BOTH DIRECTLY AND INDIRECTLY IMPROVE THE LIVING STANDARDS OF LOCAL COMMUNITIES. IT WILL BE FINANCED BY THE GOVERNRMENT OF PAPUA NEW GUINEA AND A LOAN FROM THE ASIAN DEVELOPMENT BANK HEAD 2. INTERVENTIONS BRIDGES ALONG NATIONAL HIGHWAYS WILL BE REPLACED BECAUSE THEY ARE OLD AND CANNOT MEET THE LONG -TERM GROWTH IN MOTORIZED TRAFFIC. THEY WILL BE UPGRADED TO TWO- LANE FROM ONE LANE. THE DISMANTLED BAILEY BRIDGES WILL BE REASSEMBLED ALONG FEEDER ROADS THAT DIRECTLY SERVE LOCAL COMMUNITIES AT RIVER OR STREAM CROSSINGS WHERE EITHER BRIDGES DO NOT EXIST AT PRESENT OR IF THEY ARE IN POOR CONDITION. 3. LAND ACQUISITION TEMPORARY LAND ACQUISTION MAY BE NECESSARY TO ENABLE BRIDGE CONSTRUCTION TO GET UNDERWAY. PERMANENT LAND ACQUISTION WILL BE NECESSARY WHERE THE HIGHWAY NEEDS TO BE ALIGNED TO ENSURE SAFE PASSAGE ACROSS THE CARRIAGE-WAY. 4. COMPENSATION ISSUES GOVERNMENT OF PAPUA NEW GUINEA AND ASIAN DEVELOPMENT BANK HAVE POLICIES AND PROCEDURES TO ENSURE THAT IF YOU LOSE ACCESS TO YOUR LAND EITHER TEMPORARILY OR PERMANENTLY YOU WILL BE COMPENSATED AT REPLACEMENT COST BASED ON FAIR MARKET VALUES. SHOULD YOU DECIDE TO DONATE YOUR LAND IN THE INTEREST OF THE PUBLIC GOOD AT THE LOCAL LEVEL THEN THAT WILL BE ACCEPTABLE. YOU ARE HOWEVER UNDER NO OBLIGATION TO DO SO AND REFUSAL TO DO SO WILL NOT HAVE ANY ADVERSE IMPACT UPON YOU OR THE REASSEMBLY OF BAILEY BRIDGES ON RIVER OR STREAM CROSSINGS ALONG FEEDER ROADS THAT SERVE YOUR COMMUNITY. 5. ACTIVITIES A SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSS OF AFFECTED HOUSEHOLDS (THOSE WHOSE LAND WILL BE ACQUIRED) WILL BE UNDERTAKEN AND A RESETTLEMENT PLAN PREPARED. YOU WILL BE ENTITLED TO REVIEW THIS RESETTLEMENT PLAN IN THE NATIONAL LANGUAGES AND SUGGEST AMEMNDMENTS. IT WILL NOT BE FINALIZED BEFORE YOUR FREE AND INFORMED CONSENT IS PROVIDED BY WAY OF A 35

44 SIGNED MEMORANDUM OF AGREEMENT BETWEEN YOU AND A PROVINCIAL REPRESENTATIVE OF THE GOVERNMENT OF PAPUA NEW GUINEA. 6. MITIGATION MEASURES AS AFFECTED WOMEN AND MEN YOU WILL BE OFFERED FIRST CHOICE OF PAID EMPLOYMENT DURING BRIDGE CONSTRUCTION AND FOR PERIODIC MAINTENANCE ACTIVITIES ON THESE NEW BRIDGES (GRASS CUTTING AND PAINTING) IF THESE ACTIVITIES ARE SUB-CONTRACTED BY THE PROVINCIAL DEPARTMENT OF WORKS. CONTACT: MR. IAN BARR PROJECT DIRECTOR BRIRAP- ADB DOW HEADQUARTERS TELEPHONE: / hagkoi@yahoo.com SAFEGUARDS UNIT PROJECT IMPLEMENTATION UNIT ADDRESS: As above TELEPHONE: As above As above ASIAN DEVELOPMENT BANK, ADB AVENUE, MANDALUYONG CITY 1550 METRO MANILA, PHILIPPINES, TEL: ; FAX:

45 Appendix III: Land Acquisition Cadastral Survey: Dogona River Bridge 37

46 Appendix IV: Land Acquisition Cadastral Survey: Kokebagu River Bridge 38

47 Appendix V: Land Acquisition Cadastral Survey: Sivitatana Bridge 39

48 Appendix VI: Land Investigation Report and Land Valuation: Dogona Bridge 40

49 Appendix VII: Land Investigation Report & Land Valuation: Kokekbagu Bridge 41

50 Appendix VIII: Land Investigation Report & Land Valuation: Sivitatana Bridge 42

51 Appendix IX: Improvement Valuation Report: Dogona Bridge 43

52 44

53 45

54 46

55 Appendix X: Improvement Valuation Report: Kokebagu Bridge 47

56 48

57 49

58 50