Port Moresby Power Grid Development Project.

Transcription

1 Social Monitoring Report Semi-annual Report March 2017 Port Moresby Power Grid Development Project. Reporting period: July to December Prepared by PNG Power Limited for the Asian Development Bank. This Social Monitoring Report is a document of the Borrower. The views expressed herein do not necessarily represent those of ADB 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. 1

2 SOCIAL MONITORING REPORT Loan Number: 2998 / 2999-PNG Project Number: Semi-annual Report Port Moresby Power Grid Development Project Kila Kila Sub Station. Period Covering: July to December Prepared by PNG Power Limited for the Government. March

3 TABLE OF CONTENTS INTROUCTION... 5 PURPOSE OF MONITORING... 6 METHODOLOGY... 6 INSTITUTIONAL ARRANGEMENTS... 6 Executing Agency... 6 Implementation Agency... 7 Project Management Unit... 7 GRIEVANCE REDRESS MECHANISM... 8 MONITORING RESULTS AND ACTIONS REQUIRED... 9 Performance and Progress... 9 Compensation... 9 RESULTS OF CONSULTATION AND GRIEVANCE REDRESS Consultations Monitoring and reporting issues CONCLUSION RECOMMENDATION Annex 1: Compensation Completed (Payment Receipts) Annex 2. Third Party Verification Annex 3. Pictures of Kilakila Substation site and ROW List of Tables Table 1 Land Compensation Payments... 9 Table 2 Summary of Activity Status Table 3 Follow-up Actions

4 ABBREVIATIONS ADB - Asian Development Bank ADBU - Asset Development Business Unit APs - Affected Persons CLO - Customary Lands Officer CP - Central Province CPLO - Central Province Lands Officer CSSD - Community Support Service Division DSC - Design & Supervision Consultant DLO - District Lands Officer DLPP - Department of Lands & Physical Planning DRS - Deed of Release & Sale EA - Executing Agency FEC - Fichtner Engineering Consultant GoPNG - Government of Papua New Guinea GRM - Grievance Redress Mechanism IA - Implementing Agency ILG - Incorporated Land Group IPBC - Independent Public Business Corporation KCH - Kumul Consolidate Holdings kv - KiloVolts LIR - Land Investigation Report LLG - Local Level Government LTC - Lands Title Commission MOA - Memorandum of Agreement NGO - Non-Government Organisation PMPGDP - Port Moresby Power Grid Development Project PMU - Project Management Unit PNG - Papua New Guinea PPL - PNG Power Limited ROW - Right of Way RP - Resettlement Plan SPS - Safeguard Policy Statement SSO - Social Safeguard Officer TLI - Transfer of Land Instruments TPV - Third Party Verification 4

5 INTROUCTION 1. The fast growth and expansion of Port Moresby city the capital of Papua New Guinea (PNG) has seen the need for PNG Power Limited (PPL) to enhance its product delivery. PPL has adopted the role through the Asset Development Business Unit (ADBU) to improve reliable and efficient power generation, supply and distribution. The Port Moresby Power Grid Development Project (PMPGDP) was funded Asian Development Bank (ADB) and counterpart funding from the Government of Papua New Guinea (GoPNG). This project is managed by a Project Management Unit (PMU) and supported by technical assistance from Fichtner Engineering Consultant (FEC). 2. To address the supply and distribution of reliable power generation in Port Moresby, the Kilakila substation was the only feasible site out of the six (6) sub projects 1 where a reliable power station can be established. However the land has to be acquired from the customary landowners from Kila Kila village. The new substation and the transmission line route were to be erected on a customary land owned by three clans, namely, Vaga, Iarogaha and Uhadi Iarogaha. 3. A resettlement plan (RP) for the Kila Kila substation was developed by PMU with meaningful consultation from the affected communities and disclosed on ADB website in September The project was categorised B as according to ADB SPS 2009 therefore it is a requirement to have an RP in place and submission of semi-annual social monitoring report for disclosure on ADB website 4. The monitoring of resettlement implementation activities was done internally by the PMU safeguards officer with continuous monitoring and support from the customary lands officer from the Department of Lands and Physical Planning (DLPP). 5. The affected people (APs) belong to 3 clans namely, Vaga, Iarogaha and Uhadi Iarogaha. The total numbers of families are 198 with a population of 744 individuals. All members of the first clan (Vaga) are residents of Kilakila village while the latter 2 clans (Iarogaha and Uhadi Iarogaha) are residents of another village called Korobosea. The two pieces of land are registered in 3 Incorporated Land Groups (ILGs).The proposed land for acquisition is not currently utilized by the AP s for purposes such as growing food. Studies indicate that the AP s have sufficient land available nearby for food gardens and to collect fuel wood (RP 2012). The project due its moderate impacts has been categorize under ADB categorization as B category that is not significant but requires some works to be done on acquiring land but no displacement of people. 6. All six (6) sub projects within the PMPGDP does not require relocation of households except for sub project Kila Kila Sub Station and 66kV Transmission line which requires the use of customary land. A total of hectares was acquired for the Sub Station and approximately hectares for the Transmission Line route. The Transmission 1 Six subprojects are (i) 11kV System to Open Loop Mesh, (ii) Sirinumu-Toe-of-Dam Hydropower Plant Replacement, (iii) Equipment for Loss Reduction Program, (iv) Hydropower Station Rehabilitation and Upgrading, (v) Substation and 66kV Transmission Line (vi) Substation Capacitors 5

6 Line Route was re-diverted from its original route to avoid existing squatters and was resurveyed and now awaiting the final registration of the Survey plan. 7. The PPL Project Management Unit (PMU) and its stakeholders completed the land acquisition and resettlement activities in accordance to the resettlement plan and the Memorandum of Agreement signed between the VAGA ILG and PPL. The RP completion reported was posted on ADB website in September This social safeguard monitoring report captures the progressive status of the aftermath of land acquisition and the presiding activities that follows. PURPOSE OF MONITORING 8. This monitoring of POM Power Grid sub project resettlement is in line with ADB SPS (2009) monitoring requirements and PPL requirement for progressive updates and reporting to the Executing Agency (EA) and the GoPNG. The report provides status and updates for the post resettlement activities which mostly involve site visits and securing the area. 9. The Kilakila Sub Project was completed in The Kilakila project site has seen less activities taking place. The site acquired for both the Substation and ROW is currently vacant with no new encroachments done by surrounding settlers. The surrounds communities and former landowners have been consulted and fully informed of the site been reserved for the substation and transmission line rout. METHODOLOGY 10. The social monitoring report covers the period from July to December The monitoring of the post resettlement activities was mostly through sit visits, community visits and assessing the movement of nearby settlements as well as follow-ups with the Lands Title Commission (LTC) for the issuance of the certificate for land title holder. The observations were manually recorded on information sheets and reported in PIU monthly, quarterly reports and six monthly reports. INSTITUTIONAL ARRANGEMENTS Executing Agency 11. The Independent Public Business Corporation (IPBC) 2 now known as Kumul Consolidated Holdings (KCH) is the EA and has signed the project agreement with ADB on 28 May 2013 to oversee the execution of the project. KCH is the major shareholder and business entity that has the major shares in all state owned companies in PNG. During field trips and site visit as well as community consultation and negotiations it is observed that there is minimum involvement from the EA during the implementation of 2 IPBC has its name changed to KCH in Prior to 2015 the name was IPBC which appears in the project agreements between IPBC and ADB (May 2013). IPBC / KCH are the same entity. 6

7 RP whereas all activities are planned and executed by PMU safeguards officer and the lands officer from DLPP. The EA is most likely to play a greater role in the overall execution of the six sub projects. PPL was responsible and ensured the resettlement project was complete and disclosed on ADB website on September 2016 in line with ADB SPS (2009) and also meeting the GoPNG development goals in providing sustainable energy. Implementation Agency 12. PPL is the IA for the infrastructure components of the projects. Through the Project Steering Committee it has established the PMU within PPL, with the help of the Lands and Community Support Service Division (CSSD) within PPL. On a daily basis they were responsible for implementing the project. One of its main responsibilities is to implement the environment and social safeguard plans and monitor and evaluate the project outputs and results. PPL also ensure that the allocation, disbursement and payment of compensation funds are processed in accordance with project finance requirements and on a timely manner. Further, PPL through its Lands and CSSD has engage a Private Valuer to assist the District Lands Officer and Customary Lands Officer (CLO) carry out valuation on the subproject site and asses the compensation of crops and trees affected. A private Surveyor was engaged by PMU, with the assistance from the government DLPP Surveyor. All survey on environment and social impacts including the substation and transmission line route have been completed. Project Management Unit 13. The PMU is the team that is managing the implementation of the land acquisition and resettlement project through the safeguards office. The PMU is made up of Project Manager, Project Administration Assistant, Project Manager Rouna, Project Engineer Mechanical, Project Engineer Civil, Environmental Officer Lands & Social Safeguards Officer, Project Surveyor, Project Engineer Distribution, Project Engineer Transmission, Project Engineer Electrical, Project finance Officer. Other roles are done by PPL through its main operation. PMU is the implementation agent for the PMPGDP which includes the six (6) sub projects. It is supported by a Design and Supervision Consultant (DCS) which is mostly responsible for the construction and civil works. DCS has no input on the resettlement project. PMU also rely on ADB safeguards specialist s guidance and advice on the best practices on the preparation and implementation of RP while GoPNG supports PMU through provision of funding, engagement of government lands and district administration officer. Technical capacity was an issue with MPU hence these has been mitigated with the recruitment of lands and community development officer who performed the role of SSO. The SSO ensures close collaborative efforts maintained from DLPP CLO, surveyors and Central Provincial Lands Officer (CPLO) during land acquisition and monitoring. 7

8 GRIEVANCE REDRESS MECHANISM 14. There was a committee set up but mostly within the lands department that deals with customary land issues. All issues pertaining to land matters are addressed through the director for customary lands who provides response to complaints and concerns from those who claim ownership of the same traditional land. PPL also have the PMU office that deals with the grievance from the AP through a GR mechanism process as per stated in the RP (2012). During the implementation it is evident that there is no fixed committee but the Customary Lands officer address land issues through its normal process of responding to land matters through the government systems. This has worked well for the PMPGDP and so far there isn t any major issue on Kila Kila substation land or courts that may restrict the project. There is a good working relationship between the PPL, PMU and DLPP and the three impacted clans at Kila Kila substation. PMU is currently working on strengthening the GRC so that unanticipated social issues are dealt with appropriately. During the reporting period from July to December there is no grievance or issues regarding the land matters ever recorded by the PMU or the lands officers at DPLPP. 15. The Central Province District Lands Officer (DLO) assists the PMU to carry out the Land Investigation Report (LIR), liaise and inform the affected communities about the POM Grid Power Development project. DLO also provides mediation between landowners wherever there are issues. DLO is the government representative in the Central Province where the PMPGDP is taking place and they are responsible to support and assists whenever possible in any government funded project. The DLO was very helpful and cooperated well with the Surveyors, PMU and PPL. 16. The Local Level Government (LLG) Officials and village councillors in CP are actively involved with community consultation, mediation and information dissemination together with PMU Safeguard Officer. There are combine coordination of activities in carrying out site inspections to ensure compliance is maintained and all required land is free from any form of encumbrance or obstruction. 17. DLPP is the government department that is responsible for land acquisition of alienated (state land) or non-alienated land (customary land). Customary Lands Officer (CLO) of DLPP is responsible in ensuring all procedures and process are followed and payments done before submitting for land titles to be given to the developer. The CLO assists the DLO with carrying out the LIR and monitors and implements all land acquisition procedures and policies are followed in accordance with the Land Act. CLO also collaborates with PPL and DLO in carrying out awareness to the affected communities and help give advice where necessary. The CLO has prepared the Land File for the acquisition when all requirements were met. The Deed of Release and Sale and Transfer of Land documents have been facilitated and executed in May The final compensation payment was done and all relevant documents are now at DLPP awaiting registration and Title Transfer. 8

9 MONITORING RESULTS AND ACTIONS REQUIRED Performance and Progress 18. The implementation of the Kila Kila resettlement project was completed in June The project site is now free from obstruction and trespassing by outsiders. PPL continues to do site visits and community awareness to the local communities on social issues, with the assistance from the local level government and NGOs. Compensation 19. All compensation payments to the affected person were settled and there are no outstanding payments. PPL has secured the site after the final payment (5 th Payment) made to the affected landowners of Kilakila and Korobosea. Refer to Annex 1 for the payment receipts copies. The payments were paid directly into the ILG nominated account as according to the MOA signed between the parties involved. 20. A third party called the Environmental Legal Service was engaged by the government to verify the payment done and the manner in which the payment was made. The TPV was completed and report attached in Annex Table 1 has shown the schedule of payment completed. Table 1 Land Compensation Payments Payment (Item) Amount (PGK) Date Paid REMARKS Trees and crops (Improvements) 3, Includes Compensation Payment Land Value 1,024, Current Market Value of Land Land Acquisition Negotiated Price 750, (Negotiated Price) Paid in 5 instalments This is the negotiated amount between the VAGA clan and Government 1 st Payment 100, th March, 2011 Paid to the clan on the day of signing the MoA. 2 nd Payment 150, th August, 2012 Completed 3 rd Payment 100, th December, 2012 Completed 4 th Payment 200, rd October, 2014 Completed 5 th Payment 200, th May, 2016 Completed (Source: Resettlement Completion Report 3, September 2016, PPL) 3 Resettlement Completion Report, (September 2016), Kilakila Sub-station and 66kV sub-project, PNG Power Limited. 9

10 22. Site visits and village consultations are done on regular basis bi-weekly, to check if the site is free from any obstruction. Results are recorded and are noted in table 2 below. Further survey works were carried out on the Transmission Line route where the proposed structure to be built on that route. The Transmission lines survey has progress well with all adjustment made to the reroute to be within the boundaries of Vaga ILG. 23. Certain project activities were implemented during the reporting period by PPL (refer to table 2) Table 2 Summary of Activity Status Activity Status Results Date Financial Bid evaluation received by ADB NO OBJECTION for Contract Award 20/07/16 Land Acquisition Completion Report Sent to ADB for review / Comments Land Completion Report Approved 26/09/16 Third Party Verification Report ADB required a TPV report TPV Report completed and submitted to ADB 19/09/2016 Land Title Weekly follow up with DLPP Still pending at final stages of awarding title. Awaiting Land Commission Title to meet Estimated date March 2017 Strengthen the Grievance Redress Mechanism All proposed Representatives apart from the once mentioned above have been advised and still awaiting their feedback. Proposed GRM committed members. NCDC Social Service Officer VAGA ILG Rep To arrange meeting with them by February VAGA ILG Women s Rep PPL SP1 Project Supervisor Register of Transmission Line Survey Plan Registration of Final Route for the transmission Line ROW Still pending at DLPP, awaiting Surveyor General to sign Estimated February 2017 Gender and Health Awareness to APs Proposed to conduct an awareness in February Programme still pending February

11 RESULTS OF CONSULTATION AND GRIEVANCE REDRESS. Consultations 24. There is minimum consultation carried in the community and with stakeholders during the reporting period from July 2016 December 2016, since all payments were paid out to the traditional landowners. The consultation was mainly follow-ups with the Lands Titles Commission for the issuance of the Land Title for the Kila Kila Sub-project site. 25. The reporting period was quiet without any major grievances from the affected people or the settlers communities living adjacent to the TL corridor. PPL PMU will continue engage with the community through community awareness program. Monitoring and reporting issues. 26. This is the first of the post resettlement monitoring report after the project was completed in June No major issues have been recorded during this period. 27. Procurement of contracts is taking a slow phase so the land is left vacant without any work been done on site. 28. The village communities are very supportive to the project and looking forward to see the commencement of the site construction works. CONCLUSION 29. No significant safeguards issues pertaining to involuntary resettlement or environment were noted during the months of July to December PPL will follow up on activities that lead to securing of land title and other administrative matters as stated in the follow-up action in the recommendation in Table These Kila Kila sub-project sites and transmission lines ROW are now clear and free from any obstacles or claims (refer to Annex 2). 32. Third party verification has been completed. RECOMMENDATION 33. PPL will ensure the follow-up actions are implemented and report accordingly in the next monitoring period. Table 3 Follow-up Actions TASK Responsible Entity Target Date Follow up on Land Title Strengthen the Grievance Redress Mechanism Register of Transmission Line Survey Plan Lands Title Commission/PMU March /April 2016 PMU Safeguard Officer February 2017 PMU/ DLPP February 2017 Gender/Health Awareness PMU/Health Depart/NGO Ongoing 11

12 Annex 1: Compensation Completed (Payment Receipts) 12

13 Annex 2. Third Party Verification. P.O. Box 2630,BOROKO National Capital District Papua New Guinea Phone: September 2016 The Project Manager Port Moresby Power Grid Development Project PNG Power Limited P O Box 1105 BOROKO National Capital District INDEPENDENT VERIFICATION REPORT: MEMORANDUM OF AGREEMENT FOR ACQUISITION OF CUSTOMARY LAND BY PNG POWER LIMITED FOR THE PORT MORESBY POWER GRID DEVELOPMENT PROJECT. I, Damien Ase, a lawyer of the Environmental Legal Services provide the independent verification of the Memorandum of Agreement (MOA) signed on the 17 of March, 2011, between VAGA LAND GROUP INCORPORATED (VAGA ILG) and PNG POWER LIMITED (PPL) with regard to acquisition of customary land owned by the Vaga clan by PNG Power Limited for the construction of the sub-station for the Port Moresby Power Grid Development Project (the project) at Kirakira village in the Motu - Koitabu Local Level Government area, National Capital District, that (i) the landowners support the construction of the sub-station for the power grid for Port Moresby and have agreed to provide sufficient land, (ii) consultations and negotiations with the landowners have been undertaken meaningfully, freely and in good faith, and the landowners have made informed decisions on use of land, and (iii) terms and conditions of the agreement have been explained to and understood and agreed by the landowners. The verification is based on our independent: 13

14 -Review of available documentation relating to consultations with the customary landowners of the proposed site for the Port Moresby Power Grid Project and to verify that any Land Use Agreements, Memorandum of Agreement or Agreements arising out of those consultations were freely entered into by the landowners without coercion and with full knowledge of the intended future use of the land by the VAGA ILG and PPL for development and delivery and supply of electricity. - Verify that the signatories to those Agreements are, or duly represent, the true owners of that land. - Verify that the landowners understood that PPL was acquiring the subject land through outright purchase on fixed price and that they were compensated in accordance with the agreed price other than the valuation of that land as assessed by the Valuer General having regard to the valuation methodology, laws and policies of the Government of Papua New Guinea and the Project s Land Acquisition And Resettlement Plan (LARP) with respect to the acquisition of customary land prevailing at the time of acquisition. - Verify that the landowners or their duly authorized representatives have identified the extent of the land to be acquired and were present at the time that the boundaries were determined and marked by the attending land surveyors. - Verify that the original landowners or any other users/occupants of the land will not experience major adverse impacts arising from the acquisition of that Portion of land, and - Verify that any minor impacts including environment impacts, have been identified, sufficiently addressed and documented. Damien Ase LLB (Hons)-UPNG Lawyer & Independent Verifier 14

15 Annex 3. Pictures of Kilakila Substation site and ROW. The land is now vacant and available. 15