TIM G-0180: Road Network Development Sector Project Contract Packages R1 Liquica - Maubara Road Contract Packages R2 Karimbala Atabae Road

Transcription

1 Social Safeguards Final Report May 2016 TIM G-0180: Road Network Development Sector Project Contract Packages R1 Liquica - Maubara Road Contract Packages R2 Karimbala Atabae Road Prepared by Ministry of Public Works, Transport and Communications for the Asian Development Bank

2 This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

3 REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS Social Safeguards Final Report Contract Package R-1 & R-2 ADB Grant No TIM Road Network Development Sector Project Project Implementation and Support Consultants October 2015

4 Table of Contents 1 INTRODUCTION Project Implementation and Resettlement Strategy Resettlement Monitoring and Mitigation Measures Contract Package R-1 : Liquica-Maubara Road Contract Package R-2 : Karimbala-Atabae Road General Resettlement Monitoring and Mitigation Measures for R-1 and R Public Consultation and Seminar Public Consultation HIV/AIDS Awareness Seminar Employment Generation and Business Opportunities Grievances Redresss Mechanism Conclusion i

5 1 INTRODUCTION The Road Network Development Sector Project (RNDSP) is funded by ADB Grant No TIM to the Democratic Republic of Timor-Leste through the Ministry of Public Works (MPW), which has been merged with the Ministry of Transport and Communications and is now called the Ministry of Public Works, Transport and Communications (MPWTC). MPWTC is the Executing Agency. The Project Management Unit (PMU) is the MPWTC agency in charge of managing project implementation (the Implementing Agency). Construction supervision was implemented by the Project Implementation and Support Consultants (PISC), comprising of SMEC International Pty Ltd (SMEC) in association with Kai Watu Kmanek Consultants Lda. (KWK) of Timor-Leste. RNDSP has been engaged since December 2011 for physical implementation of the km long national road linking the capital city of Dili with Mota Ain, the main land border crossing with Indonesia. Implementation of physical works started on the length of km of the road that runs between Liquica and Mota Ain, subdividing the road stretch into two packages: Contract Package R-1 (Liquica-Maubara Section) with a length of km and Contract Package R-2 (Karimbala-Atabae Section) with a length of km These two roads are two segments of one continuous national route between Liquica and Mota Ain. The road section Liquica-Maubara lies within the Liquica District, while the Maubara-Mota Ain section spreads over to the Liquica and Bobonaro districts. 2 PROJECT IMPLEMENTATION AND RESETTLEMENT STRATEGY Implementation of improvement works was mainly confined to widening the existing road alignment with a total width of 9.5 m, which consisted of 6.0 m of carriageway, 1.0 m of shoulder on each side, and about 1.5 m of roadside drainage on any one side of the embankment. The strategy for road improvement was to avoid the acquisition of land. Construction work itself did not require any land acquisition or permanent displacement of any affected person (AP), both along ther-1 and R-2 roads. Originally, implementation of improvement works was initiated with the concept of rehabilitating the existing 4.5 m wide asphalt road, following the present alignment, and involving no involuntary resettlement impact. Subsequently, there was a requirement from the Client to widen the road to 9.5 m which triggered involuntary resettlement impacts. The widening and raising of embankment and excavation of mountain slopes caused inevitable resettlement impacts such as the effects on encroaching roadside temporary structures/kiosks (most temporary shops) and trees. This also involved temporary disruption to the businesses in the kiosks. To address these resettlement impacts and to protect the interest of the APs, the Government adopted a social safeguard policy by formulating a Resettlement Plan (RP) separately for each of the project roads. The RPs were prepared in line with ADB s safeguard requirements on involuntary resettlement and in conformity with the resettlement principles and procedures outlined in the Resettlement Framework (RF) adopted by the Government for the RNDSP. The PMU of the MPWTC, with assistance of the PISC Social Safeguards Specialist, formulated a Draft Resettlement Plan (RP) for the project road in July 2012 and a revised RP at the end of January 2013, incorporating the comments of ADB. However, due to the additional and new resettlement impacts that subsequently occurred during the implementation of the physical works, the revised RP delivered in January 2013 became outdated. In order to make it current, the RP was updated taking into account the additional and new impacts. The updated RP was submitted to the PMU/MPWTC on 7 March RESETTLEMENT MONITORING AND MITIGATION MEASURES As part of PISC s responsibility, regular monitoring to address any resettlement issue was carried out at the very start of project implementation. A full time Social Safeguards Specialist (National) in the PISC made regular visits to the project areas to coordinate with the people in the community and the Contractor in order to address any issues related to resettlement. These activities were supplemented by an International Social Safeguards Specialist who visited on a quarterly basis. 1

6 The PISC carried out extensive field trips to the project areas under both Contract Packages R-1 and R-2 with the aim of monitoring the progress of resettlement activities and any safeguards issues that needed to be taken care of, followed by further requirements to revise and update the RPs prepared for the roads. 3.1 Contract Package R-1 : Liquica-Maubara Road Implementation of physical works for improvement of the Liquica-Maubara Road started in January The R.D.I Junior Contractor of Philippines was engaged by the Government as project contractor for the road improvement. The Contractor established its camp/ /office, crusher plant and other associated facilities in i a private land area of 1,200 m² at Km of the road, which it rented for five years at monthly rate of US$ The contractor provided its workers with safety gear (helmet, boot, gloves, and vest) to avoid accident. Contractor s Camp at Km under Contract PackageR-1 Crusher Plant at Km under Contract PackageR-1 Civil works started with the original plan of rehabilitating the existing alignment without any widening and without triggering any land acquisition and resettlement impact that would require an RP to be put in place. While the need for widening the road to 9.5 m subsequently surfaced, preparation of RP for the road was essentially taken up at a later stage of the implementation when RP was immediately finalized prior to commencing the construction works. Given the priority for the project to be implemented within the stipulated time, construction works for the improvement and upgrading of the road proceeded faster, but with careful attention to cause no land acquisition impact. However, some minor resettlement impacts were encountered in terms of shifting back some kiosks and temporary structures, removal of some trees as well as pushing back some wooden/bamboo fences built at the front of the houses alongside the road. Most of these short-term resettlement problems were treated as minor and many of them were mitigated by the project contractor by voluntarily rebuilding the temporary structures and fences, including the removal of trees consisting mostly of banana, papaya and small wooden trees, as well as providing construction materials such as lumber/bamboo, nails, aggregates, tools, equipment, etc. Most of the APs were compensated for their affected properties and were provided with skilled and unskilled employment opportunity by the Contractor to support or increase their household income and gain road construction experience. 2

7 Existing Fences beforee the Project Moved Back Fences after the Project Some structures were reconstructed voluntarily by the project contractor at a place close to the structures original location beyond the road corridor, while others were rebuilt by the owners themselves who were also provided employment by the project contractor. Temporary Structure (Mini-Restaurant) of Ms. Lorena at Km Moved Back and Reconstructed by the Contractor Temporary Structure at Km Moved Back and Reinstated beyond the Road Corridorr All affected kiosks identified during census survey were impacted by the disruption of business for less than a week. This occurred only during the time of paving the road with asphalt at certain sections wheree the kiosks were located. With construction work underway, all these kiosks were temporarily moved back and were returned to their previous locations within a week. Hence there was no long-term impact on their income. Given the minor resettlement impact on roadside kiosks, and their owner ability to continue or resume their business after a very short interval, no affected family (AF) were considered severely affected as mandated by the ADB policy (i.e. losses more than 10% of its annual income). To facilitate the smooth implementation of construction works and to provide facilities to the adjoining community, detours, temporary access roads and road crossing water pipelines were established at different locations of the road. Besides, the contractor voluntarily provided temporary water ditches and construction materials such as lumber/bamboo, nails, aggregates, among others, including construction tolls for the community, so that inconvenience would be minimized when there was rain. 3

8 Diversion Road (Detour) Access Road at Km Road Crossing Water Pipe Line being Reinstalled Temporary Water Ditch Provided at Km

9 3.2 Contract Package R-2 : Karimbala-Atabae Road Construction of civil works was initiated at some sections of the road where no resettlement impacts were identified. The Indonesian construction company PT.PP (PERSERO) Tbk. was engaged by the Government of Timor-Leste in September 2012 for the road improvement. The construction company rented about 2,500 m 2 of private land at Km on the east side of the Loes Bridge. The land was rented for three years at a monthly rate of US$1, and infrastructure facilities like the contractor s camp, dormitory, kitchen, toilets, water facilities, etc. were established. Contractor s Camp at Km Cleaning and Hill Cutting Works at Km to Prepare the Road for Improvement The Contractor for Contract Package R-2 was required to address the minor resettlement impacts following the same approach practiced in Contract Package R-1. The approach was that the project contractor would deal directly with the respective APs and manage a satisfactory resolution of the resettlement issues on a case-by-case basis to keep the construction work smooth and fast. During civil works, the contractor also provided further benefits to the APs and local unskilled workers by providing employment opportunity to support or increase their household income. The types of activities undertaken by local labor included vegetation clearance from drains and roadside, patching, drainage works and construction of masonry works. It was considered of utmost importance to continue working in partnership with the APs and their community, local leaders (suco and aldeia chiefs), project contractor including sub-contractors, PISC consultants in order to mitigate the safeguards issues in a manner that benefited the AP population. In view of this, meetings were organized to analyze the practice of addressing the safeguard issues and for future adoption of more efficient process of mitigating the resettlement impacts. As part of the initiatives, understanding has been reached that the project contractors of both R1 and R2 packages were closely collaborate with the APs to mitigate the adverse effects of the project, and make sure that none of the APs were evicted from their workplaces. Civil works started with the original plan of rehabilitating the existing alignment without any widening and without triggering any land acquisition and resettlement impact, thereby requiring no RP in place. While subsequently the need for widening the road to 9.5 m surfaced, preparation of RP for the road was essentially taken up at a later stage of the implementation where RP was immediately finalized prior to commencing the construction works. Given the priority for implementation of the project within stipulated time, construction work for improvement and upgrading of the road proceeded faster, but with careful attention to cause no land acquisition impact. However, some minor resettlement impacts were encountered in terms of shifting back some kiosks and temporary structures, removing some trees as well as pushing back some wooden/bamboo fences built at the front of the houses alongside the road. Most of these short-term resettlement problems were treated as minor and many of them have been mitigated by the project contractor through voluntarily rebuilding of the temporary structures and fences including removing of trees mostly banana, papaya and small wooden trees and providing construction materials such as lumber/bamboo, nails, aggregates, tools, equipment, etc. Most APs were compensated for their affected properties 5

10 and being provided with skilled and unskilled workers employment opportunity by the increase their household income and gain road construction experience. contractor to support or Resettlement impacts along the Karimbala-Atabae Road appeared greater than in Liquica-Maubara Road. Investigation suggested that althoughh the level of impact was small on the households affected with kiosks, fences and fruit trees and plants, resettlement issues relating to moving back some of the kiosks located at the east side of the Loes Bridge at Km needed careful attention. Meanwhile, shops/mini-restaurants along both sides of the alignment on the edge of the road at Km , on the east side of the Loes Bridge, were only impacted in terms of disruption of business in less than a day and their existing locations were maintained. This is for trimming the branches of some trees, excavation of exiting asphalt, sub-grade preparation and placing of subbase and base courses by segment at night time, and one day for asphalt paving during weekends. Kiosks Affected along the North Side of the Existing Alignment at Km , on the East Side of the Loes Bridge Shops/Mini-Restaurants along Both Sides of the Alignment on the Edge of the Road at Km75+400, on the East Side of the Loes Bridge with Minor Resettlement Impact Pictures of Dust Suppression Activity 6

11 3.3 General Resettlement Monitoring and Mitigation Measuresfor R-1 and R-2 A.) Relocation of Electricc Poles A few electric poles were affected, which required relocating, to facilitate the constructionn of new lined drains and other civil works construction such as drainage outlet/inlet. These issues were discussed and resolved by the PSC and Contractor under inter-department coordination between the Electricidade de Timor-Leste (EDTL) and Department of Electricity. Land owners were very cooperative and were willing to have the poles relocated on their small piece of land area without any compensation. R-1 Electric Poles at Km 42 R-2 Electric Poles at Km 69 B.) Traffic Management The Contractor s traffic management was deemed satisfactory with the direct involvement of its safety officer at the site for its major activity. The disappearance of warning and traffic safety signs was one of the problems encountered during the road construction. Some traffic accidents occurred especially when the road pavement was completed due to the reckless attitude of some drivers. To protect the safety of the riding public and communities, the drivers should undergo training on the meaning of road signage installed along the road and be educatedd on the other traffic rules and regulations. Contractor s safety officer Traffic Control during Asphalt Paving at Km

12 C.) Dust Control The Contractor implemented dust suppression measures mainly by water spraying on barren areas as shown in the photos below. The Contractor sourced water from streams, irrigation channels and rivers for the dust suppression measure. However, dust suppression during the peak of summer season was very difficult due to very high evaporation rate and lack of water tank in the starting period. To effectively control dust nuisance, various consultation meetings were conducted with different affected communities, the Contractor, the Consultant, and the Suco chief to discuss and find out the mitigation measures. The meeting came out with a decision to schedule road watering four times a day, impose the water tank speed to maximum 25 km/hr, and mobilize additional units of water tank to increase frequency of watering in order to minimize the dust problem in populated area and active work sites. Dust Suppression Activities 4 PUBLIC CONSULTATION AND SEMINAR 4.1 Public Consultation Public consultations were carried out with the stakeholders especially the identified affected persons in the presence of suco and aldea chiefs who had the administrative responsibility on the areas wheree the road sections were located. In the course of all these consultations, the stakeholders were properly informed and consulted relating to this development project that usually resulted in the land acquisition, demolition of properties and cutting of trees in order to secure the project s construction limit. It was clarified that much care would be taken to ensure that the acquisition of lots, demolition of structures and other improvements including resettlement of affected persons were kept to what was necessary during construction in order to achieve the objectives of the resettlement plan. Regular field consultation meetings were conducted throughout the project implementation. 8

13 Consultation Meeting 4.2 HIV/AIDS Awarenesss Seminar The STI-HIV/AIDS Awareness orientation for the community and workers were organized for Contract PackagesR-1 and R-2 by the PISC and Contractor with the assistance of a local nongovernment organization (Esperanca Timor- the Ministry of Health Leste) which was involved in HIV awareness and prevention program in collaboration with (MoH) in Timor-Leste. The orientationn was attended by the construction workers, local communities, students and local leaders such as the Subdistrict Administrator, police officers, suco and hamlet chiefs. The main objective of the seminar was to educate the people, particularly workers of the road projects, about the dangers posed by HIV/AIDS to people. HIV/AIDS Awareness Seminar 5 EMPLOYMENT GENERATION AND BUSINESS OPPORTUNITIES There have been notable benefits in terms of creating short-term direct employment on road construction activities and providing income-generation opportunities. Employment opportunities in the project area also increased as a result of road employment, many of them in the growing transport business and also in newly established shops and other commercial and industrial establishments along the road. In addition, local people were engaged in business by establishing commercial shops along the improved road. This is important to mention as the adverse impact on livelihood of some mini-restaurants and kiosks was a major concern. 9

14 6 GRIEVANCES REDRESS MECHANISM Dust nuisance, inundation, health and safety, and the impact on community facilities were the major complaints received during the road rehabilitation. There were frequent complaints from the community regarding dust nuisance in the populated areas and the unsecured stockpile problems; complaints on flooding during the peak of the rainy season; complaints on health and safety issues; and grievances regarding sedimentation of irrigation water and irrigation channel crossing the project, among others. All complaints were immediately addressed by the Contractor and PISC. Public meetings would be immediately organized to assess the complaints and find a solution agreeable to all the stakeholders. 7 CONCLUSION Overall, the negative social impacts during the during the road improvement project weree relatively minor, mostly construction related and temporary, and were readily addressed through avoidance and adopting mitigation and resettlement measures. With regard to the impact of large number of trees, the scale of effects of affected households was small since majority of the households had already lost the trees that did not bear fruit and had no wood value. Most of the APs were compensated for their affected properties through the contractor s initiative to rebuild their temporary structures and fences, ncluding the removal of trees, and by providing them skilled and unskilled employment opportunity to support or increase their household income and gain road construction experience. The direct negative impacts of the project, as predicted, were mostly temporary, short term, and reversible. The long term benefits of the road upgrading are now being enjoyed by the road users. 10