PNG: Civil Aviation Development and Investment Program Tranche 3

Transcription

1 Resettlement Plan Project No.: Document Stage: Draft March 2016 PNG: Civil Aviation Development and Investment Program Tranche 3 Buka Airport- Buka, Autonomous Region of Bougainville Prepared by the National Airport Corporation for the Asian Development Bank. This Resettlement Pan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or Staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 ACRONYMS AND ABBREVIATIONS ADB - Asian Development Bank AROB - Autonomous Region of Bougainville AP - Affected persons CA - Chief Administrator CADIP - Civil Aviation Development Investment Program CLO - Community Liaison Officer DLPP - Department of Lands and Physical Planning EA - Executing Agency GoPNG - Government of Papua New Guinea ISS - Independent Social Safeguards Specialist LIR - Land Investigation Report MOU - Memorandum of Understanding NAC - National Airports Corporation PIU - Program Implementation Unit PNG - Papua New Guinea RF - Resettlement Framework RP - Resettlement Plan 2

3 TABLE OF CONTENTS I. Executive Summary... 4 II. Project Description... 6 A. Proposed Upgrade Works... Error! Bookmark not defined. B. Measures to Minimize and Mitigate Land Acquisition... Error! Bookmark not defined. III. Scope of Land Acquisition and Resettlement... Error! Bookmark not defined. A. Land Acquisition... Error! Bookmark not defined. B. Affected Assets... 9 C. Number of APs IV. SocioEconomic Information and Profile A. Demographic features of affected people B. Impacts of land Acquisition V. Consultation, disclosure and grievance redress A. Consultations with Affected Communities B. Disclosure C. Grievance Redress D. National and Local Laws and ADB Policy Requirements E. Resettlement Policy Principles for the Project F. Principles and Methodologies for Determining Valuations and Compensation Rates G. Description of Land Acquisition Process VI. Entitlements, Assistance and Benefits VII. Resettlement Budget and Financing Plan A. Flow of funds B. Sources of Financing VIII. INSTITUTIONAL ARRANGEMENTS A. Institutional Capacity for Resettlement Activities IX. Implementation Schedule X. Monitoring and Evaluation A. Internal Monitoring

4 I. EXECUTIVE SUMMARY 1. The proposed Buka Runway Extension Pavement Upgrading & Associated Works (the project) aims to (i) improve of this major domestic airport to bring the facilities to a level of development that fully meets airport national and international safety standards and requirements, and (ii) provide the runway, taxiway, apron and terminal building capability to accept unrestricted operations by Fokker 100 aircrafts and passenger movements. The project will be implemented around April-May 2017 and will be completed on June The generic scope of works includes strengthening of the existing pavements (runway, taxiways and aprons); extension of the main runway by 350m (including 30m stop way & 90m rescue end safety area) on southwest end to give 1900 long x 30m wide sufficient for Fokker100 or equivalent aircraft operations; construction of new terminal building, car park and power house; Construction of New Airport Market with Security Fence and Gates with Water Tanks and Public Toilet; drainage works; and power reticulation for improved infrastructures. The project described in this Resettlement Plan (RP) will not require displacement of people and structures. However, it will need to acquire 137, sq.m of land area outside the aerodrome land. 3. Estimated population of Buka is around 70,000 of which around 2000 people live around the precinct of the airport community. The ethnical composition of the people is mostly Ieta and settlers from other places in Bougainville. These Ieta people are more organized and very vocal in terms of land rights and ownership through matrilineal practice. The project is situated within the Ieta Community of Buka Urban Local Level Government (ULLG). 4. A nearby settlement about 10 meters outside of the aerodrome boundary is populated by displaced people from the Bougainville copper limited crises in The increase in their population over the years has imposed pressure to the availability of land. Their current population is about 1000 scattered across within the nearby coconut plantation. Almost all families within the settlement and Ieta community rely on subsistence farming, copra harvesting, and sales, and fishing for their household income and livelihood. These are supported by informal marketing, cash or kind contribution from relatives, and formal job employment in Buka town. 5. The acquisition of the customary land is not expected to significantly affect the livelihoods or household income of the affected persons (APs). Most of the land area to be acquired is basically swamp and not fertile for cultivation or suitable for building houses. Only patches of food gardens like bananas, aibika, taro, and pumpkin tips, mangrove and some other tree plants covers an area of about 2,500sq.m from one of the current runway that will be extended are to be affected. Accessibility to and from town and also to fishing grounds will not be affected. Construction of the airport fence around the proposed acquisition area will create a pathway on the fence embankment which can still be used by the APs to have access to their gardens, houses and fishing grounds. In addition to the compensation that will be paid to acquire the land required for the project, APs (men and women) will benefit from the project through (i) employment opportunity, (ii) engaging as land owning groups, (iii) provision of water tanks or bore installation by the project. 6. Consultation with APs is done in coordination with the Provincial Government of the Autonomous Region of Bougainville (ARB). Both the APs and the Provincial Government of ARB have indicated and maintain their support for the project. The main concern of the affected persons is to participate as subcontractors to the main contactors. 4

5 7. The table 1 below summarises the eligibility for entitlements for the APs for the project. The entitlement matrix as per ADB Policy is attached in Annex 1. Table 1. Entitlement Matrix Type of Impact Entitled Person (s) Entitlements Permanent acquisition of land. Legal owner(s), including customary landowners Loss of crops, tress, structures and assets. Unforeseen or unintended impacts Informal settlers (e.g. on land acquired as part of ROW) with no localizable rights Customary land owners and leaseholders if lease not expired prior to commencement of land clearance. Concerned displaced persons Landowners will be provided equivalent size and quality of land, or cash compensation at replacement cost. APs will be provided compensation only for their damaged crops, trees, and structures on project-affected land APs will be given notice to harvest crops and trees before site clearance or removal from required land. If APs are not able to harvest, they will be paid cash compensation at replacement cost. In case of perennial crops and trees, the compensation will also include loss of income for a period until new crops or trees produce an equivalent income. These will be determined as per the principles of this RP and ADB s Safeguard Policy. 8. NAC will allocate adequate resources to implement and monitor the RP by ensuring that (i) full compensation payment is made for the affected land and improvements (crops and gardens) and (ii) civil works shall not commence until approval for this RP is granted by ADB and NAC. 5

6 II. PROJECT DESCRIPTION 1. Buka Airport serves Buka Island in the AROB. It is located at the southern end of the island, near Buka Passage behind the town of Buka, and pre-war Chinatown. The airport terminal is about 1.5 kilometers from the Buka Township. It is the only airport serviced by a regular passenger transport service in the North Solomon Province. 2. Buka airport is located on a relatively flat island some 52 km long in the north south axis and up to 18 km wide in the west east axis. It is separated from Bougainville by the Buka passage a narrow deep and very fast flowing tidal channel about 200 meters wide. The east coast is the windward side for most of the year and is characterized by a coastal cliff that rises close to the ocean leaving only a narrow and often rocky beach. A coral reef rings the entire island and is narrow on the east coast which is battered by oceanic winds and large waves and spreads out into the lagoons on the west coast. 3. The western coast of Buka is covered by the Richard Parkinson Range consisting of low mountains. The ranges start at the back of Buka town at the village of Ieta and Peta near Carola Harbour. 4. The airport runway is 1566 meters long by 30m wide with asphalt surface. It is 11feet/3m above sea level surrounded by grass cover on all unpaved surfaces in the airfield. There is one navigational aid, the Buka NDB situated on nearby Sohano Island. The airport caters for Fokker 100 aircraft. Other smaller aircrafts also operate in and out infrequently. 5. Land adjoining the airport is almost entirely coconut-cocoa plantation to the north of the runway outside of the aerodrome land, permanent houses along the outside the aerodrome boundary line accept for one or two houses that appears to be on the proposed fence line to the south of the runway. The Department of Works & Supply is adjacent to the terminal separated by an old World War 2 aircraft hangar. The main highway is setback about 10 meters outside the aerodrome boundary turning along the sea front about 200m away from one opposite end of the runway. The other end is 20 meters in from a well vegetated mangrove swamp. 6. The geology is calcareous limestone. There are a handful of scattered bush material and semi-permanent houses along the aerodrome boundary to the north. The local population is unevenly scattered with both the locals and settlers surrounding the airport. The airport is not fenced and trespass has become a common issue. High security personnel from the local population are guarding around the airside to ensure no person and animals cross and that the runway is clear and free for the aircrafts to approach and take off safely. 7. The Autonomous Region of Bougainville is in the tropics. Temperature ranges from degree Celsius. Rainfall varies due to topography. South Bougainville receives around 4500mm of rain annually. This decreases further north where Buka has an annual rainfall of 2500mm. The airport receives about 260mm average monthly rainfall. 6

7 A. Proposed Upgrade Works 8. The proposed airport redevelopment is designed to bring the facility to a level of development to fully meet international and regional airport safety standards. The upgrading of Buka Airport is to facilitate a safety-compliant regional international airport suitable for F100 aircraft operations or equivalent, such as Q400 or ATR. It will also act as a major domestic hub for the Province. 9. Major upgrading works will be on the airside portion of the facility and minor works on the landside. Most of the works will be within the existing aerodrome land boundary except for the runway extension that will go beyond aerodrome boundary into an undeveloped area. B. Measures to Minimize and Mitigate Land Acquisition 10. CADIP has adopted various measures in order to minimize and mitigate the need to acquire additional land and the impacts this can have on the communities within the vicinity of the airport. It will ensure that the Buka Airport civil works conforms to the following: (i) (ii) (iii) (iv) The engineering design has minimized the need to have additional land to meet basic engineering safety requirements. All airport pavements strengthening and associated works will be done as much as possible, within the current airport boundary. Upgrading of the market is done within the NAC state owned land. Liaise with the Autonomous Bougainville Government (ABG) to address land acquisition matters (if applicable) in timely manner. III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Land Acquisition 11. The current runway length and strength is not sufficient to allow Fokker 100 or similar aircrafts to operate full load at maximum takeoff weight. Hence, the runway has to extend and pavements (runway, taxiway, and apron) strengthened to accommodate that. In addition, the runway has deteriorated over the years and requires urgent replacement. The deteriorating condition of the current terminal building together with increasing number of travelling passengers and cargoes into the airport and terminal requires for a construction of a new terminal building with increasing floor space. 12. The total land area to be acquired to cater for the project is 137, sq.m of customary land owned by the Ieta people of Buka (see Figure 1) valued at K6,518, It will not displace any persons nor any structures or significantly affect the livelihood of the landowners. It is only the planted crops and gardens at the end of the current runway. The practical mitigation measure adopted by the project to avoid resettlement was to apply an engineering design to realign the proposed fence line. 7

8 FIGURE 1: LAYOUT PLAN OF BUKA AIRPORT WITH THE PROJECT LAYOUT PLANS SHOWING THE LAND AREA TO BE ACQUIRED. 8

9 B. Affected Assets 13. No household or common user facilities will be affected. Recently, squandering of settlers permanent structures around the perimeter of the airport is slightly encroaching into the aerodrome land in some sections of the boundary. Installation of the new airport fence under the project will require fencing out of these structures from aerodrome land to avoid grievances and resettlement. 14. The identified crops will be compensated based on Land Investigation and Valuer General s reports from the Department of Lands & Physical Planning (DLPP). The Valuer General s Schedule of payment for food crops and economic trees will be applied and adjusted based on the current market prices at the time of payment. The affected crops and food gardens valued is listed in Table 2 below. Table 2. Affected Crops and Trees Quantity (No.) Stage of growth Type of plant/crop Unit price (PNGK) Total Value (PNGK) 20 Matured Bananan (Kalapua) Small Bananan (Kalapua) Large mound Sweet potatoes (>1.5m diameter) (Kaukau) 15 Matured Singapore Taro Medium Singapore Taro Small Singapore Taro Matured Pumpkin (vine) Medium Pumpkin (vine) Matured Aibika Medium Aibika Small Aibika Mature Pawpaw Medium Pawpaw Matured Banana clumps Matures Mustard (Dakar) Matured Betel nut Matured Guava Matured All other trees TOTAL 1, The crops and trees are owned by 5 households (16 persons) reported by the AROB Government as mostly settlers (Table 3). Table 3. Affected Households Losing Crops and Trees No. Names of APs Household heads Male Female Widow/er Total 1 Mrs. Muriel Olsin Joe Alvina Ethel Kuhil Total

10 C. Number of APs 16. The total number of affected persons who are the landowners of the lands to be acquired will be determined during the land investigation by DLPP in coordination with the ARB Government. This will be carried out on May IV. SOCIOECONOMIC INFORMATION AND PROFILE. A. Demographic features of affected people 17. Bougainville has a population of 175,160 with a population density of persons per square kilometers. Life expectancy is in PNG is 57 years and the adult literacy rate is approximately 65 % (2001 figures). The prediction of a doubling of the population with potential extension of life expectancy will greatly increase the pressure on current land and natural resources with attendant environmental impacts. 18. Majority of the population is indigenous. Villages are scattered throughout most of the area, but much of the mountainous interior is un-habited. Majority of the inland villages are situated on tops of ridges. The provincial economy is largely a subsistence economy but is generally supplemented by cash crop farming such as coconut and copra. 19. Today the overwhelming majority of Buka are Christians, divided into a Roman Catholic majority and a large minority of United Church (Methodist), as well as many different Pentecostal and Evangelical sects. 20. The main island of Buka is occupied by two distinct language groups, Solos and Halia. The latter is split into two dialects in Buka Island: Hanahan- Halia spoken along the east coast from Buka Passage (known locally as Ieta airport surrounding communities) to Tohatsi and Haku, spoken in the north coast villages. 21. Chiefly system is still practiced in Buka for both male and female. The society is matrilineal with female becoming the next of kin in family properties, belongings and land. However, chieftainship is inherited positions of authority for men. Traditionally, women chiefs have little overt authority, although they are extremely well respected. Women have a sacred value, rather than secular power. This is changing somewhat under the influence of Non- Government Organizations (NGOs) for empowering women. 22. Most often cultural difference and language diversity often possess a challenge in interpretation, understanding and communication of information, mobilizing community support for local participation in infrastructural development such as the airport upgrade. B. Impacts of land Acquisition 23. Land areas around the airport are owned by one major customary land group called Ieta. Their land area required for the project is about Ha which is considered small compared to their vast land ownership in Buka. Most of the land area to be acquired is basically swamp and not fertile for cultivation or suitable for building houses so it is not 10

11 expected to significantly affect the livelihoods or household income of the affected persons. Only patches of food gardens like bananas, aibika, taro, and pumpkin tips, mangrove and some other tree plants covers an area of about 2,500sq.m from one of the current runway that will be extended will be affected. The main issue is to ensure that the Ieta landowner group remains supportive to the project and will allow fair distribution of compensation payments to all members, including females. The Safeguard Officer of PIU will ensure that continuous consultation is done prior to and during the implementation of this RP. 24. There are no sites of cultural significance or household structures found near the area of the proposed development. There is a settlement and local houses situated outside of the airport boundary but this will not be affected. Only the gardens, trees and food crops belonging to the 5 affected households will be removed. 25. The APs household income is very much dependent on subsistence farming, informal marketing and fishing. To sustain their household income, they also receive rent/lease from their land outside of the aerodrome through business deals with individuals or organizations. Some also earn income through formal work and also by working on the coconut farm producing copra. Cultural practice of family relationship often adds to their income by way of cash or in-kind support from relatives and family members. 26. The presence of poor and vulnerable groups among the clan landowners will be identified during land investigation. V. CONSULTATION, DISCLOSURE AND GRIEVANCE REDRESS 27. This section outlines CADIP procedures for stakeholder consultations and grievance redress. Community consultations and focus groups discussion meetings were conducted in several communities on each of the Project 3 airport. During preparation of the CADIP, consultations were held in the Buka airport vicinity, with communities and provincial level government authorities. 28. Altogether, there were about four consultative meetings between NAC and AROB Government from 2013 to Project awareness has continued through the local National Broadcasting media of Buka and also by the relevant officers from the Provincial Government. One open group discussion was done with the Ieta Customary landowners around June 2014 and one with the settlers and the block owners around the airport perimeter on November 2015 for the Periodic Financial Request (PFR) safeguard assessment. The ARB Government maintains strong support for the project to boost socio-economic development in the region. The APs raised the following concerns: (i) priority on local participation; (ii) consideration for subcontracting with the main contractor; (iii) full payment of the compensation for the land and its improvements to be acquired prior to construction; and (iv) including one of the landowner representative as part of the project GRM committee member. These will be taken into account by the project. A. Consultations with Affected Communities 29. Another consultation is planned to commence in the second quarter of 2016 between NAC, AROB Government and APs. This is to prepare a Memorandum of Understanding (MOU) for the acquisition of the land including the formalities for land alienation works that will be 11

12 undertaken by DLPP for land investigation, clan members identification, boundary survey, instruments for acquisition application/processes and the eventual submission to the GoPNG for financing the land to be acquired. General support for the project is indicated by the settlers and block owners surrounding the airport. 30. Their main concern as raised above needs on-going consultation and participation mechanism which must be agreed by all before any civil works will commence to avoid future delay during project implementation. a. Disclosure 31. APs and AROB Government were advised of the project plans and its importance to the socioeconomic development of the region. They were also informed of the ADBs and GoPNG requirements, policies, procedures and entitlements of the RP. The RP will be made available to the APs and the AROB Government prior to submission and approval by NAC and ADB. This RP will be finalized in consultation with APs and AROB and following the detailed engineering design and land investigation. The RP will be made available in English, the official government language in Papua New Guinea, in a readily accessible location within the airport area. A summary brochure for the RP will also be prepared in Tok Pisin for distribution in the airport area. This draft RP and any updates will be disclosed on the ADB website. 32. Where indigenous people or a linguistic group requires translation assistance, CADIP will ensure that translators and translation of information materials will be available. This will be done in a manner to ensure full consultation with and disclosure to APs and communities regarding the requirements for land acquisition, as well as the policies and procedures of the CADIP. b. Grievance Redress 33. NAC has established a grievance redress mechanism to receive and address project related concerns and to resolve land related disputes that may arise during project implementation, as shown in Figure 2. Affected People will be informed by NAC how they can have access to the grievance redress mechanism. Other than disputes relating to land ownership rights under the court of law, most grievances related to resettlement benefits, relocation, and other assistance are expected to be resolved at the PIU level. 34. Affected People can first lodge a project-related complaint with the ward councilor and resolve at the village level. If it cannot be resolved, then it goes to PIU office at the project site. The PIU project manager will consider the complaint and within one week will convey a decision to the APs. The safeguard officer from PIU of CADIP as well as local government officials will assist the project manager in reviewing and addressing the complaint. The safeguard team will also facilitate communication between APs and the PIU in this process. If the APs are not satisfied with the PIU s decision, they may then take the grievance to the CEO of NAC. The CEO has two weeks to consider the complaint and following this (s) he will either instruct the PIU to rectify the situation or dismiss the complaint. Should APs be not satisfied with the decision of the CEO; they may take the grievance to the PNG judicial system. 35. The Land Disputes Settlement Act (2000) establishes legal procedures for resolution of landownership disputes on customary land. It has a mediation process whereby a designated 12

13 14 mediator meets with the disputing parties to resolve grievances. This process is closely allied with the village court system and traditional mediation procedures that draw on the skills of recognized local leaders and elders. The landowner clans or ILGs, if clans are incorporated, are responsible for dealing with disputes between group members or between the clan group and a member, including disputes over entitlement to group membership. External mediators will facilitate resolution in case disputes are between different clans or ILGs. 36. An initial step will be for the PIU in coordination with DLO to facilitate procedures to resolve land disputes based on a process of mediation. As required, the participation of appointed and traditional leaders will be encouraged to achieve satisfactory resolution of issues at the local level. If that fails, procedures as set out in the Land Disputes Settlement Act (2000) will be followed. 37. The Act promotes a process for resolution of land disputes through (i) mediation, followed by (ii) appeal to the designated courts. The mediation process is based on the principles of traditional dispute settlement. The steps in the dispute resolution process include: (i) (ii) (iii) (iv) Local Land Mediation: The District Land Officer (DLO) brings together the disputing parties with the mediator. If this fails, the matter can be referred to the Local Land Court. Local Land Court: The case is heard before the Local Court Magistrate for determination. If the litigants are not successful, they may appeal to a higher court. District Land Court: The case is heard before a District Land Court Magistrate. If the litigants are not successful, they may appear to a higher court. Provincial Land Court: The case is heard before the Provincial Land Court whose decision is final. 38. In the event of grievances that cannot be resolved through mediation, the DPE/NAC and DLO will hold the compensation amounts in escrow. Compensation will be paid in full upon final resolution of the case in the courts or other forum, in accordance with the entitlements of the affected person. 13

14 FIGURE 2: GRIEVANCE REDRESS MECHANISM 14

15 VI. LEGAL FRAMEWORK A. National and Local Laws and ADB Policy Requirements 39. The policy framework and resettlement entitlements are based on the laws and regulations of the GoPNG and the ADB s safeguard policy. The principal PNG laws include: (i) the 1996 Land Act; and, (ii) the 2000 Land Disputes Settlement Act. Relevant ADB policies include the 2009 Safeguard Policy Statement and Gender and Development Policy and Public Communication Policy GoPNG does not have any specific policies at the national, provincial or local level for relocating and resettling people. GoPNG has policies related to the acquisition of land and assets by the State for public purposes on an agreement basis or compulsory acquisition basis. This together with customary lands and related legal procedures, compensation payable, and the legally defined procedures for receiving and facilitating the resolution of affected persons concerns and grievances are all incorporated in the Land Act of The Act covers customary land rights, which includes land owned, used or occupied by a person or community in accordance with current customary usage. Access to land and resources is embedded in social relationships and expressed as customary land rights to utilize resources. Small clan-based groups live in the villages, managing their own resources, and exercising the right to utilize them. These groups (clans which are composed of sub-clans, lineage groups, and at the lowest level extended households) are typically made up of primary right holders ; these persons are using the leaders of the group who collectively have the authority to allocate use rights through their spokesperson. The other members of these groups or clans typically possesses secondary rights because their rights to the land may have been inherited from a primary rights holder through marriage, that is they are either married to a primary right holder or as a child or an adopted child of the primary rights holder. 42. In most cases, both ADB and GoPNG Policies on Involuntary Resettlement are similar except in relation to compensation paid to non-titled settlers or squatters. While ADB will compensate non-titled affected persons, the GoPNG does not recognize non-titled holders as being legitimate affected persons. Table 4 presents comparison of gap analysis for the two policies. Table 4. Policy Gap Analysis ADB SPS Principles on Land Acquisition/Resettlement Measures to Compliance with ADB SPS Screen the Project early on to identify past, present, and future involuntary resettlement impacts and risks. Carry out meaningful consultations with affected persons, host communities, and NAC has devoted considerable resources, including the mobilization of its Safeguard Officer who regularly travels out to Buka for consultation. He will be intermittently assisted by the ADB Safeguard Specialist (consultant). This RP addresses this policy principle. Several rounds of consultations have been 15

16 concerned non-governmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land-based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (ii) prompt replacement of assets with access to assets of equal or higher value; (iii) prompt compensation at full replacement cost for assets that cannot be restored; and, (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and displaced persons with needed assistance, including the following: (i) secure land use tenure on land identified for new garden sites and (ii) if necessary transitional support and development assistance such as land development, credit facilities, training, or employment opportunities. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide access to land and other resources that is both legal and affordable. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation of loss of non-land assets. Prepare a draft resettlement plan and disclose a resettlement plan elaborating on displaced persons entitlements, the income and facilitated with APs. Their ideas on Project design, especially to minimize the loss of productive assets have been taken into serious consideration by NAC. Planted improvements inside the land area to be acquired will be compensated at replacement cost. A grievance redress mechanism has been prepared by NAC and incorporated in this RP to ensure APs can seek effective redress. The main issue here related to the prompt payment of compensation costs as per the LIR using the existing market prices. NAC has worked very closely with APs and ARB Government to ensure the process has been transparent and fair to all APs. Only crops, gardens and trees for the 5 APs will be affected. Lands to be acquired will be compensated. This is not an issue for this Project. There is no physical and economic displacement. Loss of land and asset is minimal and adequately compensated. There are no negotiated settlements just consultations. APs in the land area to be acquired have the customary ownership rights to this land. GoPNG through NAC will compensate them for the unimproved value of the land including loss of trees, vegetation and crops of economic value and household structures. This has been complied with by NAC as per this RP. 16

17 livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. This has been complied with as per this Draft RP. Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring and disclose these monitoring results. This will be complied with by NAC as per this RP Relevant outcomes as per the RP will be monitored by NAC and APs have the right to mobilize independent monitors to be paid by NAC if there are major disputes vis-à-vis land acquisition process outcomes. 43. The ADB s 2009 SPS also states that where there are indigenous peoples their identity, dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded so they can receive culturally appropriate social and economic benefits. In the project area, all APs whether they are customary land owners or settlers are not distinct groups in of PNG even though the settlers have originated from other regions of PNG. 44. The other policy of relevance to this Project is the ADB s 2003 Policy on Gender and Development, which requires that all ADB financed projects ensure where possible and practicable special design features and strategies be built into projects to facilitate and encourage women s involvement and ensure tangible benefits for women. 45. There are some gaps between GoPNG policies and procedures and those of the ADB. The main gaps relate to (i) carrying out meaningful consultations that also ensure people living below the poverty line, the landless, elderly, women and children are consulted; (ii) requirement to improve or at least restore livelihoods of all displaced persons by ensuring the full replacement costs for assets lost is paid; (iii) provision of economically displaced persons with necessary assistance to improve upon or restore their existing livelihoods at least to national minimum standards of living; (iv) ensuring that displaced persons without recognizable rights to land are eligible for compensation for loss of non-land assets; and, (v) monitoring and assessment of resettlement outcomes. Table 5 below shows the gap filling measures in comparison for the two policies. Table 5. Policy Gap Filling Measures ADB SPS Requirements on Involuntary Resettlement PNG Laws on RP Equivalence or Gaps between ADB SPS and PNG Laws Gap-filling Measures 17

18 Avoid involuntary resettlement wherever possible. Minimize involuntary resettlement by exploring project and design alternatives. The National Constitution (NC) National Goal 5(4) calls for traditional villages and communities to remain as viable units of Papua New Guinean society. Section 53 protects citizens from unjust deprivation of property by limiting the justification for compulsory acquisition by the State. No explicit reference to the need for avoidance or minimizing resettlement impacts. The RP includes measures on avoiding/minimizing land acquisition. Enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels. Improve the standards of living of the displaced poor and other vulnerable groups. General principles of compensation for damage or destruction of physical and economic assets are set out in NC s.53, Land Act (LA) s.23. PNG Laws do not prescribe measures of replacement cost or restore/improve standard of living. The RP include measures on compensation at replacement cost for affected assets and to restore/improve living standard of APs. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. RP sets out the process for Land Investigation Report which includes identification of affected clans/tribes and their assets. No specific requirements for census, cutoff date, impact assessment and resettlement planning. The RP includes measures on survey/census, cut-offdate, assessment of impacts and resettlement planning. Carry out meaningful consultations with APs, host communities, and concerned NGOs. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular NC National Goal 2(9) calls for every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community. No specific provisions for preparing and implementing RP based on meaningful consultations with APs, The RP includes measures on consultations with APs, including vulnerable groups, during preparation and implementation of RP. Document includes specific consultation, information and participation measures. 18

19 attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. including the poor, the landless, elderly, women, and other vulnerable groups Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Land Disputes Settlement Act provides for measures on resolution of disputes and grievances through both local mediation as well as court process. No requirements for a projectspecific grievance redress mechanism. No specific requirement for a social preparation phase for highly complex and sensitive projects. The RP includes measures on project-specific grievance redress mechanism. The Program is not expected to involve highly complex and sensitive projects, so it is not needed to have a separate phase. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues Principles of compensation set out in NC s.53, LA s.23. No specific requirement for land-based resettlement, replacement of assets, and compensation at replacement cost, and benefit sharing. The RP includes measures of on-site relocation/replacement of affected structures, compensation at replacement cost for affected assets on additional land and priority of project employment to APs. 19

20 and services through benefit sharing schemes where possible. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. PNG allow people eligible for compensation to receive their entitlements in cash. PNG laws have no specific provisions on relocation, transitional support and civil infrastructure and services. The RP includes measures on-site relocation of affected structures to the adjoining land Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. NC and LA include general principles of compensation for damages or losses. PNG Laws do not prescribe measures on improvement of living standard and restoration of livelihoods. No specific measures are required for this Project as the impacts on APs livelihoods are very minimal. Develop procedures in a transparent, consistent, and equitable manner if land NC National Goal 2(9) calls for every citizen to be able to participate, PNG Laws do not specifically require third- The RP describes procedures for the negotiation on use of additional land with 20

21 acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community. LA sets out procedures for outright purchase or lease. party verification of negotiated agreement. landowner groups through memoranda of agreements (MOAs) to be verified by a third-party. The MOA s will be signed with respective landowner groups. The Land Group Incorporation Act and Voluntary Customary Land Registration Act enable incorporation of land groups and to register titles to customary land. These laws allow negotiated lease or transfer of such land. The Fairness of Transaction Act sets out rules on fairness of transactions. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of no land assets LA s provides some entitlement to compensation to any people with an interest in land over which the State exercises its power of compulsory acquisition. PNG Laws do not provide entitlement to non-titleholders who do not have legal interest on land. The entitlement matrix for the project provides for resettlement assistance and compensation for non-land assets to non-titled APs without legal interest. Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. NC National Goal 2(3) calls for every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country. PNG Laws have no provision of preparing RP. The RP has been prepared in accordance with ADB SPS requirements but there is no physical displacement nor severely impacted APs and hence physical resettlement and income and livelihood restoration are not relevant Disclose a draft resettlement plan, including NC National Goal 2(9) calls for every citizen to No specific requirements The RP includes disclosure measures, including posting 21

22 documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community. on disclosures. on NAC and ADB websites and clan leaders/aps have been provided with the summary RP and information brochures also in their local language.. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. No equivalent provision Gap. Land acquisition costs will be included and financed out of the project cost. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. No equivalent provision Gap. The RP includes measures on payment of compensation for affected assets before start of civil works on affected land. It also includes an implementation schedule. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline No equivalent provision Gap. The RP includes monitoring measures, including requirements of semi-annual safeguard monitoring report by EA and if necessary third party monitoring. 22

23 conditions and the results of resettlement monitoring. Disclose monitoring reports. B. Resettlement Policy Principles for the Project 46. NAC as the EA that has prepared this RP unequivocally states that it will abide by national and local laws applicable to resettlement and the policy requirements of the ADB. Specifically, NAC states that it will ensure affected landowners will be paid fair compensation for land and other productive assets acquired based on the valuation schedule 2013, taking into consideration the inflation rate to account for existing market price at the time of payment. NAC will be responsive to grievance processes and act in an accountable and transparent manner, and will ensure that women will also be entitled to benefit during the resettlement processes. The principles on land acquisition, compensation and resettlement that NAC will commit itself to in the Buka Airport Project include: (i) (ii) (iii) (iv) (v) (vi) (vii) Land acquisition and resettlement will be optimized through careful engineering design. In particular, there will be very little or no displacement of people. Work will be within the designed footprint in the designated land portions. APs will be consulted during project cycle. RP will be prepared and updated with the participation of APs. Effective mechanisms will be established for hearing and resolving grievances. APs will receive compensation at updated calculated rates based on existing market prices for their loss of assets so that they will be as well-off without the project. All compensations will be fully paid to APs prior to the beginning of civil works in the project site. Absence of formal title will not be a bar to compensation and assistance and particular attention will be paid to vulnerable groups. Land acquisition and resettlement will be conceived as part of the project and costs related to resettlement will be included and financed out of the project cost. The impacts of the project including unforeseen losses and damages that may occur during civil works will be carefully monitored and remedial steps taken as required. C. Principles and Methodologies for Determining Valuations and Compensation Rates 47. NAC recognizes that affected land-users are entitled to full replacement cost. Valuation will be based on the current market rate by adjusting the valuation schedule 2013 from the Valuer Generals office, DLPP to include inflation rate at the time of payment. The schedule is the calculated cost taking into the account the crops, gardens and trees. The value of the land is based on the usage of the land (land use) D. Description of Land Acquisition Process 48. Based on the Land Act 1996, the following procedures will be followed when acquiring the land: 23