Indonesia: Neighborhood Upgrading and Shelter Project Phase 2

Transcription

1 Resettlement Plan March 2018 Indonesia: Neighborhood Upgrading and Shelter Project Phase 2 Prepared by the City of Palopo and Directorate General of Human Settlements, Ministry of Public Works and Housing for the Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of 15 March 2018) Currency unit rupiah (Rp) Rp1.00 = $ $1.00 = Rp13, ABBREVIATIONS ADB Asian Development Bank APBD Anggaran Pendapatan and Belanja Daerah (Regional Budget Income and Expenditure) DGHS Directorate of Human Settlements NOTE (i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December (ii) In this report, "$" refers to US dollars. This resettlement 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. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

3 DIRECTORATE OF SETTLEMENT DEVELOPMENT DIRECTORATE GENERAL OF HUMAN SETTLEMENT Neighborhood Upgrading and Shelter Project MINISTRY OF PUBLIC WORKS AND HOUSING VOL. III LAND ACQUISITION REPORT OF NEW SITE DEVELOPMENT (NSD) PALOPO CITY THE GOVERNMENT OF PALOPO CITY FISCAL YEAR 2017

4 TABLE OF CONTENTS LIST OF TABLE... ii LIST OF FIGURE... iii ABBREVIATIONS... iv CHAPTER I... 1 INTRODUCTION... 1 A. Background... 1 B. Overview of NSD Palopo City... 1 CHAPTER II... 3 SCOPE OF THE LAND ACQUISITION... 3 A. Land Suitability... 3 B. Land Status and Use... 3 C. Scope of The Land Acquisition... 4 CHAPTER III... 6 THE SOCIAL ECONOMIC INFORMATION... 6 A. Affected People... 6 B. Social information... 8 CHAPTER IV... 9 SOCIALIZATION, PUBLIC CONSULTATION AND GRIEVANCE... 9 HANDLING MECHANISM... 9 A. Socialization... 9 B. Consultation C. Grievance Redress Mechanism CHAPTER V THE LAND ACQUISITION POLICIES CHAPTER VI COMPENSATION AND THE LAND ACQUISITION BUDGET CHAPTER VII INSTITUTIONAL ARRANGEMENTS CHAPTER VIII MONITORING AND EVALUATION CHAPTER IX CONCLUSIONS AND RECOMMENDATIONS A. Conclusion B. Recommendation and Corrective Action Plan Appendices i

5 LIST OF TABLE Table 1 The Names of Affected People, Palopo City... 6 Table 2 Schedule of Recovery Programs... 7 Table 3 Type of Recovery Programs... 7 Table 4 Socialization of NSD Table 5 NSD Consultation Table 6 Compensation Amount Table 7 Entitlement Matrix For The Lost Land Table 8 Roles and Responsibility of institutions / agencies Table 9 Monitoring and Evaluation ii

6 LIST OF FIGURE Figure 1 Map of the Area Delineation NSD... 2 Figure 2 Location Existing of The NSD Palopo... 3 Figure 3 Socialization NSD... 9 iii

7 ABBREVIATIONS ADB : Asian Development Bank APBD Local Budget Bappeda : Development Planning Agency at Sub-National Level BKM : Community Implementing Organization BLH : Environmental Agency BPN : National Land Authority CA : Community Advisor CC : City Coordinator DGHP : Directorate General of Housing Provision DGHS : Directorate General of Human Settlements DPRD : Local of Parliament LCO : Local Coordinating Office NGOs : Non Government Organizations LIC : Low Income Community NSD : New Site Development NUSP-2 : Neighborhood Upgrading Shelter Project-2 NMC Regional Management Consultant PMU : Project Management Unit PPK : Pejabat Pembuat Komitmen RMC : Regional Management Consultant RTRW : Rencana Tata Ruang dan Wilayah (Spatial Plan) SATKER : Satuan Kerja iv

8 CHAPTER I INTRODUCTION A. Background 1. Government of Indonesia has implemented several programs to achieve zero slums, one of the programs is the Neighborhood Upgrading Shelter Project (NUSP-2). The NUSP-2 is slum upgrading program which undertaken through partnerships between local governments, society and private sector to ensure the implementation of sustainable, independent and pro poor urban housing and settlements development. 2. NUSP-2 was funded with a loan from Asian Development Bank (ADB) through Loan Agreement 3122-INO. The implementation of NUSP-2 focuses on three components: (i) Capacity building for officials and governments to manage propoor society development; (ii) quality improvement for infrastructure in slums; and (iii) new site developments (NSD). 3. The implementation of NSD is carried out through collaboration between Local Government and Government. The Local government will facilitate a clear and clean land of 2 Ha minimum and the construction of public and social facilities. Moreover, Government through Directorate General of Housing Provision (DGHP) will facilitate the construction of housing units and Directorate General of Human Settlements (DGHS) will facilitate the basic infrastructure. NSD is implemented in 4 cities/regencies i.e. Palopo City, Kendari City, Kapuas Regency and Bima City. The main priority of beneficiaries is people who lived in slum areas, and lowincome communities (MBR). B. Overview of NSD Palopo City 4. NSD of Palopo City will be implemented on Unanda Street, Sampoddo Sub- District, South Wara District of Palopo City. The local government of Palopo City has provided land of 2,1 Ha to accommodate the construction of 120 houses. The NSD Land Acquisition carried out in 2016 were financed through local budget of Palopo city (APBD). The beneficiaries of NSD are the low-income communities (MBR) that do not own a house yet and lived in slum areas in the Sub-District Ponjalae, Pontap and Penggoli. 5. The positive impact of the NSD activities are: (i) Development of 130 habitable housing units in the NSD Sampoddo area, which is intended for low-income communities (MBR) in the slum area in Sub- District Pontap, Penggoli and Ponjalae who have not yet owned or rented a house; 1

9 (ii) The implementation of collaboration between Local Government of Kendari City, Directorate General of Human Settlements, Directorate General of Housing Provision, Ministry of Public Works and Housing in order to provide housing units and basic infrastructure; (iii) Establishment of management board NSD Sampoddo area, Palopo City and reduced slum areas ± 0.78 Ha in Palopo City through resetlement approach as a contribution to the Zero Slums Program in Indonesia. Figure 1 Map of the Area Delineation NSD 2

10 CHAPTER II SCOPE OF THE LAND ACQUISITION A. Land Suitability 6. To implement the NSD, the Palopo City Govermment acquired land of 2,1 hectares (Ha) location in Sampoddo Village. The land to be used for the NSD should meet the criteria; (i) The land area is minimum of 2 Ha (in one ploth of land) to be used 60% for housing units and 40% for basic infrastructure (ii) The land is in suitable with spatial plan (RTRW) of Palopo city as a cultivation area that can be developed as residential area. (iii) The land has integrated with urban infrastructure services such as (electricity, water, road, drainage, sewerage networks) and integrated with urban transportation system. 7. He land was acquired in the period of October 2016 February The land currently has been owned by the local government with no dispute, and ready for the construction commencement. The clear and clean land status is proved bay the Statement Letter from the Palopo Mayor stating that the land has been clear. In addition, the Local Parliament (DPRD) has approved the use of land for the NSD construction. B. Land Status and Use 8. The NSD land is in Village, South Wara Sub District of Palopo City, South Sulawesi Province. The distance of the land from the capital city is approximately 5 kilometers, and it can be reached through the provincial road of Palopo - Makassar. The land is unproductive with swamp in some areas and dry land covered by grass in other part of areas. The land was owned by 2 households. There was no people occupying the land and nor structure was affected. Figure 2 Location Existing of The NSD Palopo 3

11 C. Scope of The Land Acquisition 9. Efforts have been taken to minimize resettlement impacts, among others are i) exploring NSD design to minimize the land acquisition need; ii) identifying the required land and selecting land with no occupation by people and unproductive land. 10. The process of land acquisition is as follows: (i) The establishment of Task Force (Satuan Kerja) of Land Acquisition responsible for land acquisition. The task force was led by Local Government (Setda Kota) Land Acquisition was directly managed by the project manager (PPK) and The Head of Governance Affairs/Local Secretariat of Palopo City. (ii) Inventory and identification of land. The inventory and identification of land was carried out by Local Government in FY The land area of 2.1 Ha was owned by two households who live around the site. The legal status of the two lands is private land with certificate: a) The land certificate owned by Mustahir Ali was signed by the Head of Sampoddo Village on December. 7 th 2016 (No. 590/228/KS/XII/2016) and Head of South Wara Sub District on December 16 th, 2016 (No. 573/260/KUS/XII/2016). b) The certificate of land ownership by Hatija Parakkasi signed by Head of Sub-District Sampoddo on December 07 th, 2016 (No. 590/227/KS/XII/2016) and Head of South Wara Sib-Ditsrict on December 15 th, (No. 593/259/KUS/XII/2016). c) The proof of tax, No. tax object : (iii) Procurement of the Public Appraiser (Kantor Jasa Penilai). The valuation of the land value was carried out by IKI Paseru, Public Appraiser Office. The appointment of the appraiser was based on : a. Appoinment of Public Appraisal Office Providers, according to No. 130/055/SPPBJ/PPK-Setda/XI/2016 on November 07 th, b. Letter of Instruction Work (SPK) No. SPK 130/046/SPK/PPK-Setda/XI/2016 on November 07 th, c. Letter of Commence Work (SPMK) No. 130/046/SPMK/PPK- Setda/XI/ Land Acquisition of NSD Sampoddo was conducted in the period of 6 months using the local budget of Palopo City. 12. Consultaons with affected persons and coordination meetings with relevant stakeholders have been done for land acquisition process. 13. Compensation was based on the valuation of affected assets by indepdent apparisers for land using a valuation standard for land acquisition for public purposes issued by Indonesia profession apppraiser association (MAPPI), 4

12 14. After the compensation payment and release of the land rights, the acquired land was handovered to the Palopo City Government for construction. The certificate of land ownership on behalf of the Palopo City Goernment was issued in February 2017 by the Ministry of Agrarian and Spatial Planning/National Land Agency (KATR/BPN) of Palopo City with the evidence of the certificate No , , and

13 CHAPTER III THE SOCIAL ECONOMIC INFORMATION No. A. Affected People 15. A total of 20,000 m2 (2 hectares) land owned by the two households has been acquired for the NSD. The land was acquired through negotiated land acquisition procedure set forth in the Law No. 2/2012 on Land Acquisition for Development of Public Interest and its implementing regulations. Detailed information on the lost land and the affected households is outlined in the following table: N a m e Table 1 The Names of Affected People, Palopo City Male/ Female Age occupation Montrhly Income (IDR) Total Land owned Lost Land Severity (Yes/No) 01. Hatija Parakkasih P 48 Wiraswasta m² m² Yes 02. Mustahir Ali L 50 Wiraswasta m² m² Yes 16. The two AHs are considered severely affected as the lost land is more than 10% of total assets owned. However, the land is an unoccupied and unproductive land, therefore, this did not affect to the productive income. The land acquisition did not also affect to their income and livelihood as the land is nonproductive. 17. The two landowners live outside the NSD land. Hatija Parakkasih live outside of Palopo City, while Mustahir Ali live in Palopo City. They are still in a productive age, not disabled persons. The monthly income of Hatija Parakasih during the assessment (preparation of Due Diligence Report) is Rp 2,500,000 and Mustahir Ali is Rp 2,500,000,- (see table 1) and therefore, the two AHs are not considered vulnerable groups. For Mustahir, as the land was originally owned by his parent that was handed over to him, the compensation money was also distributed to his 7 siblings who live outside Palopo. Some of the compensation money was used to buy car, renovating house, and meet other needs. 18. As the two affected households are considered severely affected, they are entitled for income and livelihood program. The program will be delivered by the Local Government of Palopo City to the affected households living in Palopo and the members (son and daughters). A coordination meeting was conducted on 19 February 2018 to identify the local government regular programs. The meeting was attended by LCO, Regional Planning Agency of Palopo, and Safeguard NMC. Details on agreed recovery programs can be seen in Table 2 and Table 3. 6

14 Table 2 Schedule of Recovery Programs Type of Trainings Free Social Implementation NO. Name R R V Rastra Remark Cellphone Education Security of Year Culinary Computer Daerah Repairman (SD-SLTA) Health 01. Mustahir Ali 2018 Soli Muhammad Tahir (son) 02. Muhammad 2018 Hajeni (spouse) 03. Ratna family ( three members) 04. Puddin 2018 Rara Rahmadani AS and Egi AS (daughters) 05. Syafruddin, SE 2018 Rara Ramadani (daugther) 06. Hatijah 2018 Residing in Kupang 07. Amiruddin 2018 Renaldy dan Arjuna (sons) TOTAL Table 3 Type of Recovery Programs No. 01. Type of programs Social Security of Health 3 HH 02. Free Education 1 HH 03. Rastra Daerah 3 HH 04. Training 3 HH Total Cost Number of Beneficiaries Unit P I C Budgeting Local Health Agency Local Education Agency Local Social Affairs Agency Local Labor Agency Regional Government Budget Regional Government Budget Regional Government Budget Regional Government Budget Implementation Schedule 2018 Q1 Q2 Q3 Q4 19. Principles of NSD implementation are as follows : (i) transparency in all process, such as : socialization on several activities (land preparation including land acquisition, the preparation of development implementation) and selection of potential beneficiaries; (ii) provision of the adequate housing equipped with basic infrastructure, (iii) relocate the selected beneficiaries who dwells in squatter area to NSD site, (iv) provide rental payment mechanism (subsidized by local government of Palopo City to lower the rental cost); (v) facilitation on supporting aspect to promote livelihood aspect, i.e : : stipulation of additional transport routes (angkot), development of fish boat dock and fish market, and provision of easy access for education (free school transfer, if any); (vi) ensuring that beneficiaries s standart of living is increasing due to the fulfillment of basic needs and easy access on activity center around NSD sites (Vol I Technical Proposal mention the comparation on livelihood aspect in which average expenses of beneficiaries in NSD site is lower than average expenses on the previous dwelling place) 7

15 20. In order to implement the NSD principles, the government of Palopo City conducted land acquisition process which is in accordance with the basic principles of Resettlement Framework approved ADB in B. Social information 21. NSD Land Acquisition does not affect the social interaction of the AHs and nor affect to the existence of indigenous peoples (no indigenous peoples living in project areas) and local culture. NSD field site is individual land, so that the people can perform social activities without being affected by the Land Acquisition. 8

16 CHAPTER IV SOCIALIZATION, PUBLIC CONSULTATION AND GRIEVANCE HANDLING MECHANISM 22. The several meetings of land acquisition process have been conducted by the government of Palopo City with the two AHs, i.e : socialization on NSD and its potential impacts and consultation on land acquisition. The consultations also discussed grievance handling mechanism. A. Socialization 23. Socialization or initial consultation on NSD was conducted in FY 2016 and participated by the representatives of Pokjanis, Bappeda, PU, BPN, BLH, RMC, CC, LIC, NGOs, private and consultants. The objective of the socialization was to give an understanding of the implementation of NSD and requirement of land acquisition. The consultation/socialization on NSD was conducted at the municipal and Kelurahan level. Socialization Socialization in 3 MBR Sub in 3 Distric MBR Sub Distric NSD socialization NSD socialization at Cities Level at Cities Level NSD socialization in 3 Kelurahan July 4, 2016 July 4, 2016 socialization Level Village of Target Location MBRPemanfaat NSD socialization in Kelurahan with Beneficiaries Figure 3 Socialization NSD 9

17 No. Date of Implementation Table 4 Socialization of NSD Location Time Participant M F Participants element 01. July 4, 2016 Bappeda 14: Pokjanis, Bappeda, PU, BPN, BLH, Spatial office, RMC, CC, MBR, NGOs and Private sectors. 02. July 11th, 2016 Pontap Sub- District Finish Pokjanis, Bappeda, PU, BPN, BLH, Spatial office, RMC, CC, CA, NGOs, MBR in Pontap, Ponjalae and Penggoli, district and sub-district officials and private sectors. B. Consultation 24. The consultation carried out after socialization at sub-district level, until the process of Land Acquisition is complete, at the end of December Consultation was done to provide an opportunity for affected people both landowners who sold their land assets as well as peoples who own land next to the planned location of NSD. Specifically, the consultation was conducted to establish agreements about land boundaries, land prices, and administrative processes of handover ownership. The statement letter on the compensation payment and release of the land right have been signed by the two parties (seller and buyer) and the explanation of the release of land rights was also carried out and signed by local authority (sub district head) and witnessed by two persons. Table 5 NSD Consultation No. Date Location Time 01. July 18th, August 1, 2016 Ponjalae Office Sampodd o Office participant M F Participants element 09: Affected people (Ponjalae) - Beneficiaries candidate (MBR) - Sub-district officials - Pokjanis, CC, CA 09: Affected people (Sampoddo) - Beneficiaries candidate (MBR) - Sub-district officials - Pokjanis, CC, CA 10

18 C. Grievance Redress Mechanism 25. Any affected people will have the right to file complaints and/or queries on any aspects of land acquisition activities of the subprojects. It is anticipated that all grievances related to benefits and other assistance will be expected to be resolved at the subproject as the project upholds CDD as the overarching approach. The complaint and grievance procedure is as follows: at the neighborhood level, complaint from any affected people can be filed to the BKM members and local government for an immediate solution when possible. If the problem cannot be solved, the BKM members and local government staff will facilitate the APs to submit their complaints to the Project s grievance and redress committee (GRC) at district level and to national level if not satisfied. Community advisors will record the complaint and report to the LCOs. The project will dedicate a staff at city/district and national levels in charge of handling and following up on APs complaints. 26. The members of the GRC will involve the representatives of vulnerable affected people (i.e., affected women, poor and minority groups) and other affected people and relevant government officials with functional and legal authority. The committee will review grievances involving all land acquisition benefits or issues, except for disputes related to ownership. Grievances will be redressed within 2 to 4 weeks from the date of lodging the complaints at the district level and within 8 weeks at the national levels. If no consensus can be reached, the dispute resolution will follow the grievance mechanism as per the land acquisition law No. 2/2012 and the Government Regulation No. 71/ A grievance handling mechanism has been set up to anticipate for NSD and land acquisition. To date there is no complain raised by the community and AHs related to the NSD and land acquisition. 11

19 CHAPTER V THE LAND ACQUISITION POLICIES 26. The land acquisition for NSD has followed the social safeguard principles set forth in the Resettlement Framework which was prepared based on the ADB s safeguard policy statement (resettlement safeguard) and the Indonesian s government legal framework on land acquisition. The project safeguard principles include; (i) Acquisition of land and other assets shall be avoided and minimized as much as possible by exploring project and design alternatives and appropriate social, economic, operational, and engineering solutions that have the least impact on populations in the project area. (ii) All affected persons included in the cut-off date are eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing, and any such factors that may discriminate against achieving the objectives outlined above. Neither lack of legal rights to the assets lost, or tenure status or social or economic status will not be a bar for the APs from entitlements to such compensation and rehabilitation measures. (iii) APs who have no recognizable rights or claims to the land that they are occupying, (e.g. informal dwellers/squatters), are entitled to compensation for loss of non-land assets and various options of resettlement assistance. (iv) APs shall be fully consulted and informed on the project, their entitlement and resettlement options. As well as the assistance measures. Ensure the APs participation in planning, implementation, and monitoring and evaluation of resettlements programs. Particular attention will be provided to the vulnerable groups and ensure their participation in consultations. (v) The project will not cause physical displacement of APs from housing and/or lose 10% or more of total land owned or productive income. If the proposed infrastructure indicates the need to relocate people, the proposed infrastructure will be dropped from project financing. (vi) The living standards of the affected people are not expected to be reduced due to the small scale of the land acquisition. (vii) There shall be an effective grievance redress mechanisms to receive and facilitate resolution of the affected persons concern during the preparation and implementation of LARPs. (viii) Details of the LARPs, including documentation of the consultation process shall be disclosed to APs and any interested groups through public meetings and in the form of summary LARPs or information booklets and leaflets in a language that can be understood by the APs and in an accessible places (such as neighborhood notice board, project and commune offices). 12

20 (ix) Appropriate monitoring shall be carried out to assess land acquisition objectives and their impacts on the standard of living of the APs. The M& E, mechanisms shall be identified and set in place as part of the land acquisition management system. Monitoring reports should be disclosed. (x) Civil works will not be commenced until (a) payment has been fully provided to the APs and rehabilitation measures if any, are in place; (b) already compensated, APs have cleared the area in a timely manner; and (c) the area is free from any encumbrances. 27. The above principles I VII have been implemented in Palopo land acquisition. The land is a legal title land, therefore principle III is not applicable. LARP for land acquisition was not prepared as no consultant available to support the preparation of the LARP. This Due Diligence Report is prepared to describe the land acquisition implementation process and follow up action to meet the safeguards principles. Appropriate monitoring will be carried out and no civil works comment until the requirement mentioned in principle x have been fully met. 13

21 CHAPTER VI COMPENSATION AND THE LAND ACQUISITION BUDGET 28. The source of NSD land provivion budget is from local government budget (APBD) of Palopo city FY Land prices are based on market price approach by comparing the market price on the location. Land price reasonableness assessment issued by the public appraisal office, IKI Paseru. 29. The basis of the valuation is valuation method issued by Association of Indonesia Appraisers (MAPPI - (SPI 2015 series ). The SPI applies fair compensation principle and in line with the principle of replacement cost. In addition, the rate was also agreed by the land owners during the negotiation process. 30. The fair compensation include ; (i) compensation for physical loss (land); (ii) transaction costs and tax. 31. The total compensation is Rp 2,800,000,000 (two billion eight hundred million rupiah) with the detailed calculation outlined in the table below: No Nama Table 6 Compensation Amount Jenis Asset Luas (M2) L A H A N Unit Rate/ M2 (Rp) Nilai Asset Tanah (Rp) Transaksi 5 % 01. Mustahir Ali Lahan Kosong Hatija Parakkasi Lahan Kosong TOTAL N P W (Rp) Di Bulatkan 32. The compensation amounting to Rp 1,511,000 was paid to Hatja Parakkasi on December 7 th, 2016, while Mustahir Ali with a total of Rp 1,288,420 was paid on December 15 th, No deduction for tax and administrative cost for the transaction. 33. The compensation amount has been at replacement cost and consistent with the entitlement matrix for the lost land set in the Resettlement Framework as described in the table below. The land acquired is entirely owned by the AHs, therefore no requiremets for land ownership update. 14

22 Table 7 Entitlement Matrix For The Lost Land APs/AHs Losses Entitlements Owners of the Loss of Compensation at replacement cost based on land ownership of current market value which is derived from recent with legal title or the land land sales in the area, no deduction for taxes and recognizable claims administrative cost, If the remaining land is losing its economic value, the project will acquire the entire land at replacement cost. The remaining land, as a result of the acquisition, will not be rendered unviable for continued use, the APs will not be displaced. Financial assistance for the updating of the land ownership documents for the residual area of the Vulnerable groups and severely affected Higher risk of hardship due to the project impacts APs land Special assistance in the form of livelihood restoration program and opportunity for the project related jobs will be provided in consultation with the APs to ensure that their specific needs are met 34. The payment has been proved by the documents in the following below: a. Minutes of Compensation Cost Fair Payment based on Map Site No. 130/795 / Tapem / XII / 2016 on December 7 th, 2016 between the Head of Governance Secretariat of Palopo City with Hatija Parakkasi. b. Minutes of Agreement Price No. 130/786 / BAP-PPK / TAPEM / XII / 2016 on December 1 st, 2016 between the Head of Governance Secretariat of Palopo City with Hatija Parakkasi. c. Receipt of payment of land compensation cost of housing development site in the Sampoddo, South Wara, Palopo city with Hatija Parakkasi d. Minutes of Compensation Cost Fair Payment based on Map Site No. 130/821 / Tapem / XII / 2016 on December 15 th, 2016 between the Head of Secretariat of Governance Palopo with Mustahir Ali. e. Minutes of Agreement Price No. 130 / 799A / BAP-PPK / TAPEM / XII / 2016 on December 15 th, 2016 between the Head of Secretariat of Governance Palopo with Mustahir Ali. f. Receipt of payment of land compensation cost of housing development site in the Sampoddo, South Wara, Palopo City with Mustahir Ali. 15

23 CHAPTER VII INSTITUTIONAL ARRANGEMENTS 35. Institution that was handle the Land Acquisition consist of PMU, LCOs / Satker- PPK and the communities with the following responsibilities: Table 8 Roles and Responsibility of institutions / agencies Institutions Roles and Responsibility Center Ministry of Coordinating, supervising and Public Works monitoring of the implementation of & Housing NUSP-2 including Land Acquisition. (PMU) Ensuring the Land Acquisition document as compiled by LCOs/Satker-PPK City/ LCOs,Satker- Coordinating, supervising and district PPK monitoring of the Land Acquisition and prepare of the Land Acquisition implementation. Providing local budget for the Land Acquisition. Procurement of public appraisal office Preparing reports on the Land Acquisition. Monitoring the Land Acquisition process. Facilitating BKM to participate in the Land Acquisition process. community BKM/ CIOs Following the Land Acquisition socialization Assisting in the identification and measurement Facilitating the public complaints 16

24 CHAPTER VIII MONITORING AND EVALUATION 36. Monitoring and evaluation of Land Acquisition is done to ensure that Land Acquisition complies with the rules and does not adversely affect to the social and economic condition of the APs/AHs. Monitoring and evaluation are conducted by each stakeholder assisted by the consultants in the central and regional levels. Table 9 Monitoring and Evaluation No. Date Location Time 1 August 15th, 2016 participant Participants element (LIC / M F Staff/ Communities, etc.) Bappeda 09: Affected peoples (Sampoddo) - Beneficiaries candidate (MBR) - Sub-district officials - Pokjanis, CC, CA 17

25 CHAPTER IX CONCLUSIONS AND RECOMMENDATIONS A. Conclusion 37. The acquired land designated for the NSD location has been in line with the the spatial planning of Palopo city and meets the requirements off NUSP-2 Program. 38. The Land Acquisition process for the NSD in Palopo City has been in accordance with the safeguards principles set forth in the Resettlement framework approved by ADB.. B. Recommendation and Corrective Action Plan 39. All land acquisition process and evidences need to be properly documented. 40. Reporting on the use of acquired land to ensure that land is used for the NSD development, not other purposes. 41. Income and livelihood restoration program to be delivered by Palopo City Government. The program will be implemented in the period of Q1 Q and participated by the affected households and members. 42. Monitoring the progress of corrective action implementation and impact of land acquisition to the income and livelihood of APs/AHs. The report will be included in the regular semi-annual report to be submitted to ADB for review and disclosure. 18

26 Appendices Minutes of Compensation Cost Fair Payment based on Map Site No. 130/795 / Tapem / XII / 2016 on December 7th, 2016 between the Head of Governance Secretariat of Palopo City with Hatija Parakkasi. Minutes of Price Agreement No. 130/786 / BAP-PPK / TAPEM / XII / 2016 on December 1st, 2016 between the Head of Governance Secretariat of Palopo City with Hatija Parakkasi. Receipt of payment of land compensation cost of housing development site in the Sampoddo, South Wara, Palopo city with Hatija Parakkasi Minutes of Compensation Cost Fair Payment based on Map Site No. 130/821 / Tapem / XII / 2016 on December 15th, 2016 between the Head of Secretariat of Governance Palopo with Mustahir Ali. Minutes of Price Agreement No. 130 / 799A / BAP-PPK / TAPEM / XII / 2016 on December 15th, 2016 between the Head of Secretariat of Governance Palopo with Mustahir Ali. Receipt of payment of land compensation cost of housing development site in the Sampoddo, South Wara, Palopo City with Mustahir Ali. The certificate of land ownership by Mustahir Ali that signed by the Head of Sub- District Sampoddo, No. 590/228/KS/XII/2016 on December 07 th, 2016 and Head of District No. 573/260/KUS/XII/2016 on December 16 th, The certificate of land ownership by Hatija Parakkasi that signed by the Head of Sub-District Sampoddo, No. 590/227/KS/XII/2016 on December 07 th, 2016 and Head of District No. 593/259/KUS/XII/2016 on December 15 th, The proof of tax, No. tax object : Appoinment of Public Appraisal Service Providers, based on No. 130/055/SPPBJ/PPK-Setda/XI/2016 on Nopember 07, Letter of Instruction Work (SPK) No. SPK 130/046/PPK-Setda/XI/2016 on November 7th, Letter of Commence Work (SPMK) No. 130/046/SPMK/PPK-Setda/XI/2016. Documentation of Coordination on Recovery Programs for Affected Households. Family Register of the Affected Household. 19

27 Documentation of Coordination on Recovery Programs for Affected Households 20

28 Family Register of the Affected Household 21

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46