Government of Samoa. Ministry of Natural Resources and Environment

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Government of Samoa Ministry of Natural Resources and Environment Project Number: P Document: Land Acquisition and Resettlement Framework (LARF) August 2013 Project Preparation Technical Assistance for Enhancing the Climate Resilience of Coastal Resources and Communities (ECR) (PPCR/MNRE 2301_01) August 2013

2 TABLE OF CONTENTS 1. INTRODUCTION GENERAL OVERVIEW BRIEF DESCRIPTION OF THE PROJECT PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS (RAPS) ESTIMATED POPULATION DISPLACEMENT AND LIKELY CATEGORIES OF DISPLACED PERSONS LEGAL FRAMEWORK, COMPENSATION AND ENTITLEMENT POLICY ELIGIBILITY CRITERIA FOR COMPENSATION METHODS OF VALUING AFFECTED ASSETS PROCEDURES FOR RAP PREPARATION SOCIOECONOMIC INFORMATION INSTITUTIONAL ARRANGEMENTS GRIEVANCE REDRESS MECHANISM PROJECT DISCLOSURE, PUBLIC CONSULTATIONS AND PARTICIPATORY APPROACHES RESETTLEMENT BUDGET AND FINANCING ARRANGEMENT IMPLEMENTATION SCHEDULE MONITORING AND EVALUATION ADDITIONAL REQUIREMENTS Update of the RAP DISCLOSURE ON WORLD BANK WEBSITE AFTER SUBPROJECT APPROVAL ANNEX 1:PROTOCOL FOR VOLUNTARY LAND DONATION Sample Consent Form for Voluntary Donation ANNEX 2: ENTITLEMENT MATRIX FOR PPCR/ERC SUBPROJECTS ANNEX 3: TERMS OF REFERENCE FOR THE RESETTLEMENT SPECIALIST ANNEX 4: PROJECT INFORMATION DOCUMENT (PID) ANNEX 5: QUESTIONNAIRE FOR DETAILED MEASUREMENT SURVEY

3 List of Acronyms AP DP CCA CIM CIM CSO CoC DMS DRR EA EIA EMA ESMF GoS GRS IP IR LARF LTC MAF MJCA MNRE MOF MWCSD NGO OP PEAR PID PUMA PPCR RAP SIAM UNDP VPC WB Affected Person Displaced Person Climate Change Adaptation Coastal Infrastructure Management Plan (PPCR) Community Infrastructure Management (ECR) Civil Society Organizations Council of Chiefs Detailed Measurement Survey Disaster Risk Reduction Executing Agency Environmental Impact Assessment External Management Agency Environmental and Social Management Framework Government of Samoa Village Grievance and Redress Subcommittee Indigenous peoples Involuntary Resettlement Land Acquisition and Resettlement Framework Lands and Titles Court Ministry of Agriculture and Fisheries Ministry of Justice and Court Administration Ministry of Natural Resources and Environment Ministry of Finance Ministry of Women, Communities and Social Development Non-governmental organization Operating Policy Preliminary Environmental Assessment Report Project Information Document Planning and Urban Management Agency Preparatory Project for Climate Resilience Resettlement Action Plan Samoa Infrastructure Asset Management Project United Nations Development Program Village Project Committee World Bank 3

4 Glossary of Samoa Terms Aiga potopoto Extended family Aiga patino Household of extended family Aumaga Untitled men in the village Aualuma ma tamaitai The women s committee which is traditionally comprised of women born in the village (sisters and daughters of matai). Ava Traditional beverage made from the dried roots of the plant Piper methysticum and mixed with water before it is strained for drinking. Fa amatai Village governance system based on the Council of Chiefs as the supreme authority in the village. Fa a-samoa The Samoan Way Fale Traditional thatched house, also refer generally refers to residential houses Fono Council of Chiefs Matai Chiefly title holder Malosi o le nu u Literally means the strength of the village ; another term for the aumaga Nu u Village Pule Authority Pulenu u Village mayor Sa o The head matai in the extended family, by virtue of the rank of his/her title. Sui o le Malo Generally refers to the appointed woman representative of the Village for Government liaison purposes Tapa au High Chief(s) of a Village 4

5 1. INTRODUCTION The Government of Samoa (the Client) is presently receiving support inter-alia through the World Bank (WB) and the United National Development Programme (UNDP) for the following two closely related initiatives in order to complete a holistic and country-wide program to enhance the climate resilience of coastal communities: Pilot Program for Climate Resilience (PPCR) funded by Climate Investment Fund with the World Bank as the Implementing Agency; and A project financed by the Adaptation Fund, with UNDP as the Implementing Agency. These initiatives provide the vehicle for the implementation of approved Community Infrastructure Management (CIM) Plans which are the old Coastal Infrastructure Management (CIM) Plans updated to incorporate all community adaptation needs reflecting the ecosystem based ridge-to-reef approach. The CIM Plans will enhance the resilience of natural ecosystems and resources, and local communities based on the use of a mix of hard engineering and soft green solutions. Initial social safeguards screening by the WB concluded that the Project will trigger social safeguards policies OP/BP 4.12 Involuntary Resettlement and OP/BP 4.10 Indigenous Peoples. As such, it is incumbent on the Borrower to prepare the appropriate social safeguard instruments with which to properly address all adverse social impacts that will be generated. This Land Acquisition and Resettlement Framework (LARF) is prepared specifically to address impacts associated with OP/BP 4.12 Involuntary Resettlement. It sets out how involuntary resettlement impacts if any associated with all sub-projects will be addressed to fully comply with Government of Samoa legislation and WB Social Safeguards policies. The LARF describes the steps for preparing Resettlement Action Plans (RAPs) for specific sub-projects that will be implemented. It covers the legal and policy framework underpinning the payment of compensation resulting from any involuntary losses incurred, and outlines procedures and the information requirements for RAP preparation. The preparation of the RAPs for each subproject is the responsibility of MNRE as the Project Executing Agency (EA). The EA will submit the RAP to the Bank for review and concurrence, based on the fair compensation of all involuntary losses by all affected persons, to ensure that their socio-economic status is not made worse as a result of the project. 2. GENERAL OVERVIEW Samoa has an estimated population of 187,820 as of , living in about 362 villages largely found along the coast. Traditional social structures and cultural institutions are very strong in Samoan society which is based on an aiga potopoto (extended family) system. Every aiga potopoto is headed by a head matai or Sa o (holder of traditional title) who is responsible for family affairs, particularly in relation to land and titles. 2 There are normally several matai in an extended family but there is one (and on the rare occasion two or more) head matai or Sa o by virtue of the status of the chiefly title he/she holds. The extended family or aiga potopoto 1 2 Samoa Bureau of Statistics, Most aigas have more than one chiefly title holder or matai, but there is always a recognized head chief or Sa o that is the leader of the extended family usually by virtue of the status of the title he/she holds.. 5

6 comprises several households or aiga patino of nuclear families of couples and their children who are part of the extended family but live in their own house, cultivate their own crops on extended family land and operate independently on a day-to-day basis. The aiga patino have shared responsibilities towards the extended family or aiga potopoto with respect to matters such as funeral, weddings, family gathering and feasts, and in some cases, church obligations. Many extended families make up a village. Every village has a fono (council) that maintains law and order, provides direction for village development including land use. The Fono which meets monthly, and consists of all the matai in the village. Every village has a pulenu u (village mayor) who is the contact person and the conduit of information between the Fono and the Government, and a Sui o le Malo, a women representative. Samoa comprises two large islands i.e. Upolu and Savai i, two smaller inhabited islands, Manono and Apolima, and a number of smaller islands. These islands cover a total area of 2,800 km² with about 40 percent is shared by Upolu and 60 percent by Savai i. Of the country s total land area, 81 percent is held under customary ownership, 15 percent by government and 4 percent by freehold. While customary tenure guarantees ownership rights to all Samoans, it is often very difficult for development purposes to get agreement from all the different parties involved at any one time. Whenever customary land is affected by any form of development, disputes will invariably arise and cause delays to development projects, sometimes extended for certain periods of time. While the knowledge of customary land boundaries, handed down by word of mouth and are known to family members, the pule (authority) is often uncertain or disputed. The main feature of land tenure is the significant percentage of communally owned land by villages and aiga. These lands are awarded through historic claims and by family genealogy and connections. Village lands comprises of (i) village controlled customary land which is normally the undeveloped hinterland that is used by all members of the village for hunting, firewood collecting, etc and (ii) extended family land or land allocated to each extended family for their houses, crops etc.. Village land is governed by the Village Fono. Extended family land is allocated by the Sa o in consultation with members of his extended family. 3. BRIEF DESCRIPTION OF THE PROJECT The Project - Preparatory Project for Climate Resilience Phase 2 (PPCR-2) Enhancing the Climate Resilience of Coastal Resources and Communities (ECR) objective is to develop a methodology for reviewing and updating the District Coastal Infrastructure (CIM) Plans previously developed between 2001 and 2007 under an earlier WB funded project called the Samoa Infrastructure Asset Management (SIAM). Using this methodology, the review and updating of existing CIM Plans and the implementation of identified priority subprojects will follow. The existing District CIM Plans are based on a CIM Strategy developed in 2001 by the Government of Samoa (Beca, 2001). They set out objectives, policies and methods to direct infrastructure and community management and help communities to adapt and respond to, and quickly recover from the damage to infrastructure resulting from coastal infrastructure. 6

7 The methodology being developed under the ECR for updating CIM Plans involves the following steps - a detailed review of the past documentation produced under phase 1 of the PPCR as well as that of IAMP1 and SIAM and the CIM plans associated with the PPCR Districts, and the Adaptation Fund (AF) project document; a review of relevant other-sector plans including watershed management plans, fisheries plans, disaster risk management plans, Village Sustainable Development Plans prepared under the UN-sponsored Community Centred Sustainable Development Program, and others; a review of significant legislation impinging on land use, environmental protection, and village governance; a detailed on-site technical review and consultations with village leaders and women s groups in four villages representative of different regions in Savai i and Upolu. extensive interviews with key representatives of government Ministries including the Ministry of Women Community and social Development, Ministry of Natural Resources and Environment (MNRE), ( - Water Resources Department, Disaster Management Office, and Planning and Urban Management Authority (PUMA)), Ministry of Fisheries, Ministry of Works and Transport Infrastructure, Ministry of Forests, and Land Transport Authority. The proposed methodology also takes into account more recent developments and incorporates into them ecological issues and solutions and a more holistic (and realistic) reef-to-ridge approach to managing risks from changing climate and natural disasters. One of the outcomes of the PPCR is to allocate subprojects that are required to build resilience against climate change and natural disasters into the sector best equipped to deliver a result, and to apply the PPCR funds in a community-engaging way that builds on the strengths of the village and its local environment. The range of possible subprojects, categorized reflecting scale and taking into consideration CCA and DRR issues, is as follows: National Infrastructure - That infrastructure which is covered by one of the key infrastructure plans water, transport (national roads), communications, energy and included in the National Infrastructure Management Plan. Local infrastructure - That infrastructure which is installed for the benefit of individuals, a village, or number of villages, and considered to be under the management or jurisdiction of individuals or a village. This will include local work roads, sea walls, buildings, housing, community assets, cultural assets, and sites. Ecological Issues - Those activities that relate to the land, watershed, lagoon, reef, etc. These may be restricted to a village, but more likely will involve more than 1 village, e.g., watershed management or mangrove plantations that stretch along the shoreline of several villages. National Community Support Programmes comprise activities to be delivered to all villages as part of a CCA- and DRR-focused programme. This would include, for example, the CDCRM program run by the DMO. From a World Bank Social Safeguards perspective, some approved subprojects may trigger OP/BP 4.12 Involuntary Resettlement. In anticipation, this LARF will guide the implementing agency (MNRE) in the preparation of Resettlement Action Plans (RAP) 7

8 that will set out how involuntary resettlement (IR) impacts will be addressed to fully comply with WB and Government of Samoa laws and policies. The RAPs should be prepared and submitted to the WB by project appraisal. 4. PRINCIPLES AND OBJECTIVES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION The overriding principles governing the preparation and implementation of the LARF and resettlement action plans prepared based on it are a. To avoid or minimize involuntary resettlement and, where this is not feasible, to assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher. b. To consult and inform project affected persons, host communities and local governmental organizations as appropriate, and provide them with opportunities to participate in the planning, implementation, and monitoring of the resettlement program including I the process of developing and implementing the procedures for determining eligibility for compensation benefits and development assistance, and for establishing appropriate and accessible grievance mechanisms. c. To inform displaced persons of their rights, consult them on options, and provide them with technically and economically feasible resettlement alternatives and needed assistance. d. To give preference to land based resettlement strategies for displaced persons whose livelihoods are land based. e. For those without legal rights to lands or claims to such land that could be recognized under the laws of Samoa, provide resettlement assistance in lieu of compensation for land to help improve or at least restore their livelihoods. f. To disclose draft resettlement plans, including documentation of the consultation process, in a timely manner, before appraisal formally begins, in an accessible place and in a form and language that are understandable to key stakeholders. g. To implement all relevant resettlement plans before project completion and provide resettlement entitlements before displacement or restriction of access. h. To assess whether the objectives of the resettlement instrument have been achieved, upon completion of the project, taking account of the baseline conditions and the results of resettlement monitoring. 5. PROCESS FOR PREPARING AND APPROVING RESETTLEMENT ACTION PLANS (RAPS) Subprojects under this project derive from CIMs Community Infrastructure Management plans. As such, they will have been discussed within the communities and will have broad community support. Documentation demonstrating this community support will be a pre-condition of consideration for funding, and would be provided through signed records of attendance at, and decisions agreed at meetings including community leaders, women s, youth and any affected occupational groups such as farmers, fishers and foresters. A community contribution in cash or kind has normally been a requirement for projects funded under the Community Service Support Program that will administer contracts for CIMs. Proposals for funding will also be required to demonstrate that there is a plan for ownership, management and maintenance of the investments after implementation. 8

9 Impacts on land and assets may be expected to have been minimised in this project design process, and in many cases there may be voluntary donation of land in the public interest. In this case there is generally no compensation or resettlement action required. A voluntary donation protocol has therefore been included at Annex 1. Its essential features are that there should be no coercion, that no individual or group loses a substantial proportion of its production assets (more than 10%) that the donation should be for a specified purpose and duration and that it should be fully documented. In any case under this project, MNRE will not fund any subprojects with significant resettlement impacts; this means that subprojects, which would result in the involuntary physical displacement of 200 or more people or which would cause more than 200 people lose 10% or more of their productive assets (land and incomes), would not be funded. If a subproject with potential resettlement impacts is earmarked for funding under this project, an RAP or abbreviated Plan will be prepared based on this LARF, in accordance with WB s OP 4.12 Involuntary Resettlement and in close collaboration with those affected. Detailed terms of reference (based on the draft terms of reference (TORs) in Annex 3), approved by WB, will be given to the consultants to ensure that RAPs or abbreviated Plans meet WB s policy requirements and the draft RAP or abbreviated Plans will be reviewed by MNRE and submitted to WB for review and approval. As soon as a subproject with resettlement impacts is earmarked for financing, MNRE will carry out (or commission consultants to carry out) a social impact assessment based on preliminary technical designs. A detailed measurement survey (DMS) will be carried out and completed for all displaced persons (DPs) losing land or assets to the Project. The RAP will also include measures to ensure that socioeconomic conditions, needs, and priorities of vulnerable groups are identified, and ensure that land acquisition and resettlement does not disadvantage them. Consultants preparing the RAPs must be familiar with WB s requirements and have a track record of preparing satisfactory RAPs. A RAP, reflecting the requirements set out in the LARF, will provide more detailed arrangements on (i) organizational responsibilities; (ii) community participation and disclosure; (iii) findings of socioeconomic survey and social and gender analysis; (iv) legal framework, including eligibility criteria and a final entitlement matrix; (v) mechanisms for resolution of conflicts and appeals procedures; (vi) identification of alternative sites and selection; (vii) inventory, valuation of, and compensation for lost assets; (viii) landownership, tenure, acquisition and transfer; (ix) access to training, employment, and credit; (x) shelter, infrastructure and social services; (xi) environmental protection and management; (xii) monitoring and evaluation; (xiii) a detailed cost estimate with budget provisions; and (xiv) an implementation schedule, showing how activities will be scheduled with time-bound actions in coordination with the subproject activities/works. All RAPs will be updated to reflect any changes to resettlement impacts or compensation arrangements. The RAP will be updated (i) on the completion of detailed engineering design but prior to the award of civil works contracts, and (ii) during the subproject civil works where design changes during construction result in changes to the resettlement impacts. All amended RAPs will be submitted to the WB for approval. 9

10 6. ESTIMATED POPULATION DISPLACEMENT AND LIKELY CATEGORIES OF DISPLACED PERSONS It is not feasible at this stage of project preparation to estimate the level of population displacement. This is dependent on the type and location of each approved subprojects. Likely categories of displaced persons are the following. The categorization is based on land ownership and those that will receive compensation for affected assets: Category 1 - Village Fono or Council of Chiefs For compensation of village owned customary lands that are not under extended family use that will be acquired or affected. These eligible village lands are not occupied or cultivated, but may have forest trees and other wild vegetation of economic value for uses such as raw material for carving, house building, canoe making, traditional medicine, firewood etc. At the minimum, the Pulenu u (village mayor) and the high chiefs (tapa au) of each village affected should suffice to represent the Fono or Council. Category 2 - Extended family (aiga potopoto) For extended family land and assets that are collectively owned and that may be affected by the Project, in part or in total. The extended family shall be represented by the head matai (Sa o) and heads of all the households comprising the extended family. Category 3 - Aiga Patino or household For individual households who occupy extended family customary owned land and who own crops, houses and other assets that may be affected or damaged as a result of the Project. The head of the household is usually the father, or in his absence, the mother. Category 4 - Legal Owners of freehold lands For all legally recognized freehold land owners whose lands and assets may be affected. Category 5 - Legal occupants of freehold land For legal occupants including leaseholders of freehold lands whose assets such as crops, houses etc may be affected by a subproject. Category 6 - Illegal occupants of freehold land For illegal occupants of freehold land who will be entitled to compensation of their crops, shelters etc that maybe affected. Category 7 - General public For the public at large whose access to legally designated parks and protected areas will be affected by the Project. 7. LEGAL FRAMEWORK, COMPENSATION AND ENTITLEMENT POLICY The principles and policies on compensation under this LARF are founded on The Taking of Land Act 1964 of the GoS and the World Bank OP 4.12 Involuntary Resettlement (revised April 2004). The comparison is presented in Table 1 showing their gaps and consistencies. 10

11 Table 1: Comparison of Applicable Laws in Samoa and World Bank s Policies on Involuntary Resettlement Scope of WB s Land Samoa s Land Acquisition Gaps and Consistencies Acquisition and Policy between the GoS and WB Involuntary Resettlement Policies Policy Requirements In Part IIA of the Taking of Land Act 1964, Section 24F states that: In the exercise of the powers conferred by this Part of this Act the Minister or his officers, workmen or others by his direction shall do as little damage as may be; Part IIA Section 24F: While there is no provision for livelihood option in the Act, Section 24F of Part IIA, further states that and every person having any estate or interest in land entered upon for the purposes of this Act or injuriously affected thereby or suffering any damage from the exercise of any of the said powers shall be entitled to full compensation to be ascertained in the same manner as compensation for land taken under Part III of this Act. This provision is also consistent with that of the Bank s policy. Section 14 stipulates public notification and specifically requires direct notification of each owner, occupier and person having an interest in the land, or the agent of any of them, whose name and address are readily ascertainable, stating the Government's proposal to take the land, the public purpose for which it is wanted, that the plan thereof may be inspected in the said office in ordinary office hours, and that any person affected may give written notice of objection with reasons to the Chief Executive Officer within 28 days of the first publication of the notice; Involuntary resettlement should be avoided wherever feasible, or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. While the Act has stated it differently, the meaning, however, is consistent with the Bank s policy. There is no specific provision in the Act for resettlement activities per se, and for such activities to be conceived and executed as sustainable development programs. The Act however emphasizes every person having any estate or interest in land entered upon for the purposes of this Act or injuriously affected thereby or suffering any damage from the exercise of any of the said powers shall be entitled to full compensation to be ascertained in the same manner as compensation for land taken under Part III of this Act. This provision is also consistent with that of the Bank s policy. The intent of the Act is consistent with WB policy, insofar as compensation is concerned but it falls short of engaging displaced persons in planning and implementation of resettlement programs. The same provision is written in Section 14A covering customary land in which the notice is written in Savali. Section 28 requires full and fair compensation for all displaced people. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. GoS policy is less specific in its language, but its requirement for full and fair compensation for all displaced people can be interpreted to have the same intention as that of the WB policy. 11

12 Impacts resulting from the taking of lands is widely defined in the Act under phrases such as - every person having any estate or interest in land entered upon for the purposes of this Part or injuriously affected thereby or suffering any damage from the exercise of such powers. Section 28 requires full and fair compensation for all displaced people. Section 52, 53 and 54 of the Act make provisions for the exchange of land as compensation in part or full, for the land taken and the damage done if compensation for the same were made wholly in money in the usual way. Section 14 and 14B requires the GoS to cause a notice to be publicly notified and to be sent to each owner, occupier, or persons having an interest in the land, or the agent of any of them, whose name and address are readily ascertainable, stating the Government's proposal to take the land, the public purpose for which it is wanted, that the plan thereof may be inspected in the said office in ordinary office hours, and that any person affected may give written notice of objection with reasons to the Chief Executive Officer within 28 days of the first publication of the notice Section 37 stipulates cut-off date for calculation of compensation. Section 28 of the Act stipulates the following - By whom claim may be made - (1) A claim for compensation may be made by any person (including an executor or administrator) ceised, possessed of, or entitled to such lands, or to any estate or interest therein, whether such person has or has not the power to sell and convey the same. Relevant impacts are direct economic and social impacts that both result from Bank assisted investment projects and caused by (a) the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihoods, whether or not the affected persons must move to another location; or (iv) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on livelihoods of the displaced persons. For indigenous peoples with landbased mode of production, the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible, to avoid such displacement, preference is given to land-based resettlement strategies for these groups that are compatible with their cultural preferences and are prepared in consultation with them. Each involuntary resettlement is conceived and executed as part of a development project or program. The DPs are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cut-off date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. Particular attention must be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. WB and GoS differ in terms of the level of specificity and wording but the intent is the same. The same intent is applicable to involuntary restriction of access to legally designated parks and protected areas even though parks in Samoa did not come into existence until The Act uses the term all people and this is all-inclusive of all people affected and displaced. In this regard, it is consistent with WB policy. GoS and WB policy are compatible. The GoS has no written policy consistent or equivalent with that of the Bank. The GoS and WB policies are consistent both in terms of identifying DPs early and in setting a cut-off date for the determination of compensation The GoS and WB policies are consistent with respect to ensuring that the rights of vulnerable groups to fair and full compensation, including those without legal title to the land or other assets are upheld. 12

13 (2) Any such claim on behalf of beneficiaries, infants or mentally defective persons may be made by their trustees, guardians or committees respectively. (3) Where a beneficiary, infant or mentally defective person does not have a trustee, guardian or committee in Samoa, the Public Trustee shall be deemed to be his or her trustee, guardian or committee, as the case may be, for the purposes of this Act Section 37 2(b) The value of land shall, subject as hereinafter provided, be taken to be the amount, which the land if sold in the open market by a willing seller on the specified date. The Act also stipulates that compensation shall be full and fair. The full cost of resettlement activities necessary to achieve the objectives of the project are included in the total cost of the Project. The cost of resettlement, like the cost of other project activities, are treated as a charge against the economic benefits of the project; and any benefits to resettlers (as compared to the without-project circumstances) are added to the benefit stream of the project. Resettlement components of free-standing resettlement policies need not be economically viable on their own, but they should be cost effective. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly resettlement plans should also reflect the timeframe for resettlement planning and implementation. Eligible cost of compensation, relocation and rehabilitation may be considered for inclusion in WB loan financing for the Project, if requested, to ensure timely availability of the requested resources and to ensure compliance with involuntary resettlement procedures during implementation. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. The GoS has no equivalent written implementing rules and regulations. This policy requirement needs to be adapted in the RAPs. The GoS has no equivalent written implementing rules and regulations. This policy requirement needs to be adapted in the RAPs. The GoS has no equivalent written implementing rules and regulations. This policy requirement needs to be adapted in the RAPs. The GoS has no equivalent written implementing rules and regulations. Both the WB and GoS policies are in agreement. 13

14 7.1 Subproject Policies In bridging gaps between the GoS and the WB policies on land acquisition, the following Project principles and policies will govern the RAP for the subprojects, with due consideration to the customs and traditions of the people in the subproject site. (a) (b) (c) (d) (e) (f) (g) Involuntary acquisition of customary and/or freehold lands shall be minimized and avoid the resettlement of people, as much as possible; Where involuntary population displacement is unavoidable, it should be minimized by providing viable livelihood options; The matais 3 will be systematically informed and consulted on the involuntary acquisition and compensation of customary lands, while their affected aigas (households) will be informed and consulted on their affected assets, the rights and options available to them and the proposed mitigating measures, and to the extent possible involve them in the decisions to avoid any delay in RAP implementation. The same shall be accorded to DPs who have interests on freehold lands; In the consultation process, MNRE as the EA will also include the representatives of the Village Fonos (councils), community leaders and civil society organizations (CSOs) like non-government organizations (NGOs) where the subproject is located; The customs and traditions as well as the religious practices and observances of the village people will be respected and historical or cultural landmarks, reservation area, and trees of 50-years old and above will be preserved and protected; The Affected Persons (APs) and any Displaced Persons (DPs)are to be identified and their affected properties will be completely recorded during the census in which the last day represents the cut-off date for eligibility. Eligible persons are entitled to compensation and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. The compensation and rehabilitation measures to DPs are: Replacement of customary land being used for agriculture of equal productive capacity acceptable to the APs/DPs 4. Cash compensation shall be given for marginally affected lands, or if land-for-land for severely affected productive land is not possible, cash compensation at replacement cost will be provided; and Cash compensation at replacement cost or market rates, or replacement of marginally affected customary and/or freehold lands acceptable to APs/DPs; Lack of formal legal rights to assets lost will not deprive any APs/DPs from receiving compensation and entitlement. Distinctions should not be made 3 4 The matais are the appointed heads of the families and the administrator of their customary lands. It means that the land provided as compensation should be able to produce the same or better than the yield the DP was producing from the previous land. The production should be in planting season immediately following the land acquisition. It can be for a future period if transitional allowance equivalent to the DPs previous yield is provided while waiting for the land to achieve the same productivity as the previous land. 14

15 between APs/DPs with and without formal legal title, particularly with respect to freehold land; (h) (i) (j) (k) (l) Compensation rates for physical assets, i.e. house, building and other structures, and non-physical assets like lost income from productive assets or jobs will be calculated at replacement cost or at current market rates in the subproject area at the time of compensation; APs/DPs that stand to lose only part of their physical assets will not be left with a proportion inadequate to sustain their current standard of living such a minimum size being identified and agreed upon during the resettlement planning process; Particular attention will be given to the socially and economically vulnerable groups like the women-headed households, children, the landless, pastoralists and the elderly people without support structures and people living in extreme hardships during the resettlement plan implementation process; The previous level of community services and resources accessible to DPs will be provided after resettlement; The Village committee will be responsible for hearing and resolving the grievances and complaints from the APs and DPs during the implementation of the RAPs, particularly with respect to local disputes over land boundaries and ownership of crops and assets. Unresolved grievances will be referred to MNRE. Grievances during project implementation will involve the village committee and a representative of the civil contractor initially, with MNRE to be involved if the grievance remains unresolved. (m) Whenever necessary, MNRE will arrange for the assistance of relevant institutions for the effective consultation, implementation of land acquisition, resettlement plan, and compensation and rehabilitation program; (n) (o) (p) The matais, and the APs/DPs will be involved in decision making related to land acquisition and resettlement and they will be assisted by MNRE to mitigate the adverse impacts of resettlement; The full cost of land acquisition and resettlement will be included in the project cost and benefits and adequate budgetary support shall be committed and made available by MNRE during implementation. Except for land acquisition, compensation and relocation of DPs may be considered for inclusion in WB loan financing for the subproject, if requested by the MNRE. Appropriate reporting (including auditing and redress functions), monitoring and evaluation mechanisms will be established by MNRE as part of the resettlement management system. Where necessary, the Project will hire an external monitoring agency (EMA) to monitor and evaluate the resettlement process and results and will report directly to the WB. (The EMA may include qualified NGOs and/or research institutions in Samoa); (q) Finally, involuntary land acquisition, compensation, resettlement and rehabilitation activities will be satisfactorily completed and the subproject areas are cleared of all obstructions before the EA request for a no objection from the WB for the start of civil works. 15

16 8. ELIGIBILITY CRITERIA FOR COMPENSATION Cut-off dates will be established during the detailed measurement survey (DMS) on affected properties as the basis for eligibility of APs/DPs, and to discourage any parties from taking advantage of the opportunity for compensation. This LARF prescribes that those persons who constructed their structures after the cut-off date will not receive any compensation. The following categories of persons are expected to be affected by land acquisition for the approved subprojects: Category 1: Village Fono or Council of Chiefs For compensation of village owned customary lands that will be involuntarily acquired or affected (temporarily or permanently). These eligible village lands are not occupied or cultivated, but may have forest trees and other wild vegetation of economic value for uses such as traditional medicine, firewood etc. At the minimum, the Pulenuu (village mayor) and the high chiefs of each village affected should suffice to represent the Fono or Council. Category 2: Extended family (aiga potopoto) The extended families occupying family customary owned lands that may be involuntarily affected by the Project, in part or in total. The extended family shall be represented by the head matai (Sa o) and heads of all the households comprising the extended family. Category 3: Aiga Patino or Individual households For individual households who occupy extended family customary owned land and who are entitled to compensation of their crops, houses and other assets that may be affected or damaged temporarily or permanently as a result of the Project. Category 4: Legal Owners of freehold lands For all freehold land owners whose land and assets may be affected. Category 5: Legal occupants of freehold land For legal occupants including leaseholders of freehold lands whose assets including crops, houses etc may be affected by a subproject. Category 6: Illegal occupants of freehold land For illegal occupants of freehold land who will be entitled to compensation of their crops, shelters etc that maybe affected. Category 7: Village people Village people whose access to common property resources (e.g. inshore areas and reefs for fishing) is involuntarily affected either temporarily or permanently. Category 8: General public For the public at large whose access to legally designated parks and protected areas will be involuntarily affected by the Project. Communities that may be host to DPs will be assured that the quality of social services and infrastructure will not be adversely affected by the settlement of new residents. 16

17 9. METHODS OF VALUING AFFECTED ASSETS The compensation and entitlements, and methods for their valuation are described below: A. Temporary loss of customary lands being used for agriculture (ie, this type of loss is expected in subprojects that require construction of temporary work facilities of labor force, storage of project materials and for mobility of heavy equipment on right-of-way [ROW] easement during road construction, construction of hydropower schemes, and others. The MNRE will arrange for written agreements with the relevant matais in the case of customary lands, and individual legal landowners in the case of freehold lands). a) For ROW easements for any works requiring e.g. relocation of transmission lines and construction of access roads, there is no compensation for agricultural lands but works will be planned to avoid harvest times and loss of crops, and lands will be restored to their original condition or improved quality before they are returned to the matais or the freehold landowner. However, the Project will give one-time payment of easement fees to the matais or the freehold landowner during the temporary use which shall be calculated as follows: Area of affected land = % x market value of the land = Easement Fee Total area of land b) For temporary work stations and storage of project materials, the MNRE will pay lease for the duration of temporary use of lands. B. Involuntary Permanent Loss of Customary or Freehold Land (if land is affected by the construction of any permanent structures such as, power station and access road etc.) (a) Marginally affected forest land, agricultural and/or residential land. Cash compensation for the marginally affected portion of the land payable to the Sa o or freehold landowner, based on replacement cost or market value, if the impact is less than 10% and the remaining land remains viable for sustainable use by his/her affected aiga. The compensation will be calculated in the same manner as that of the easement fee; Restatement on the scope of the license or lease of affected customary land of the Sa o or freehold landowner in which expenses will be charged by the MNRE to the subproject; Full compensation of land to the matai or freehold landowner, based on replacement cost or market value, if the remaining portion of the marginally affected land is no longer viable for continuous use by the affected aiga; or, provision for replacement (easement) land, preferably within the lands administered by the same matai, which shall be arranged and paid by the MNRE for the affected aiga. (b) Fully-affected agricultural and forest land. 17

18 Full compensation for land of the Village Fono in the case of village owned customary land, or the affected Sa o for customary owned family land, or freehold land owner in the case of freehold land, based on replacement cost or market value, and replacement land, which shall be arranged and paid by MNRE for the affected aiga; C. Involuntary Loss of Crops and Trees (these refer to crops and/or trees that shall be affected either by temporary or permanent land acquisition). a) Cash compensation for crops will be based on market values at the time of anticipated harvest; b) Cash compensation for millable trees will be based on species and millable volume. c) Cash compensation for fruit trees based on type, age and productivity; d) The compensation is payable to the Fono in respect of trees on village owned customary land, extended family (aiga potopoto) Sa o in respect of trees on extended family land not owned by any specific household (aiga patino) of the extended family, head of household (aiga patino) in the case of trees owned specifically by the household or the AP. e) In the case of freehold land, compensation is payable to the freehold land owner in the case of unleased and unoccupied land, leaseholder in the case of leased land, or the illegal occupier where exist and where their claims to ownership can be verified. D. Involuntary Loss of Access to Common Property Resources: The allocated subprojects may temporarily affect the village peoples access to common property resources such as fishing grounds, bathing and water springs. Where the allocated subproject is, for example, a hydropower scheme, access of villages to streams which may contribute to livelihoods such as in income generated from the sale of freshwater prawns to local hotels and resorts, may be temporarily disrupted. a) Provision for temporary access to the common property resource during sub-project construction; b) Restoration of or provision for permanent access to the common property resource which is equal or better than the previous condition. E. Involuntary Loss of Access to Legally Protected Parks and Reserves The subproject may also impede the general public s access to legally protected parks and reserves. a) Provision for temporary access to the common property resource during sub-project construction; b) Restoration of or provision for permanent access to the common property resource which is equal or better than the previous condition. 18

19 F. Special Assistance a) Preference for employment of any members of the affected aigas throughout the duration of the core subproject construction. b) Moving assistance shall be extended for any tenants on freehold land plus assurance of livelihood restoration as applicable. c) Transitional costs and other forms of resettlement assistance shall be provided for both DPs with formal and legal rights including customary rights and illegal occupiers or squatters with recognized claims. The Entitlement Matrix summarizing the preceding compensation and entitlement policy is shown in Annex PROCEDURES FOR RAP PREPARATION The MNRE will validate the impacts of involuntary land acquisition, in coordination and full consultation with all stakeholders. It will carry out the following processes with details to be outlined in the RAP document: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) project disclosure, public consultation and focus group discussion as well as separate consultations with women; detailed measurement survey (DMS) of 100% APs/DPs, including a poverty assessment of at least 10% of DPs and 20% of severely affected people, together with local-level impact; processing of DMS data and screening of involuntary resettlement category; calculation of compensation and entitlement and consultation with APs/DPs; preparation of RAP and consultation with APs/DPs for their concurrence; finalizing the RAP and submitting it to WB after the approval by the MNRE CEO; concurrence by WB for implementation; and approval for release of resettlement budget by MNRE for implementation. In preparing the RAP, the MNRE will assess the impacts of involuntary land acquisition and determine the involuntary resettlement category 5 consistent with the screening prescribe to all projects assisted by WB operation. Under Involuntary Resettlement Category A, a full RAP will be prepared if the impacts are significant. The RAP includes a statement of involuntary resettlement objectives and strategy with (i) organizational responsibilities; (ii) community participation and disclosure arrangements; (iii) findings of socioeconomic survey and social and gender analysis; (iv) legal framework, including eligibility criteria and an entitlement matrix; (v) mechanisms for resolution of conflicts and appeals procedures; (vi) identification of alternative sites and selection; (vii) inventory, valuation of, and compensation for, lost assets; (viii) landownership, tenure, acquisition and transfer; (ix) access to training, employment, and credit; (x) shelter, infrastructure and social services; (xi) environmental protection and management; (xii) monitoring and evaluation; (xiii) a detailed cost estimate with budget provisions; 5 Category A if the impacts are significant and 200 or more people will be displaced from housing or losing 10% or more of their productive assets (income generating); Category B if the impacts are not deemed significant and require a short resettlement plan; and, Category C if no involuntary resettlement effects are foreseen in the core subproject. 19