Social Safeguards Environmental and Social Safeguards

Clean Final PIP_WINRIP_IBRD 06032012 18

1.8.3 Social Safeguards

The GOI and the World Bank have agreed to apply the Work Bank’s OP 4.12 and based on that a Land Acquisition and Resettlement Planning Framework LARF has been prepared. The LARF defines conditions under which project-affected-people and households are identified and categorized, how compensation is established and distributed, and how follow-up monitoring is to be undertaken. Current GoI regulations Presidential Proclamation No. 65 2006; Perpres No 652006 regarding land acquisition and compensation will be used in cases where the Framework provides less specific instructions and where Indonesian laws must be applied. The WINRIP process as defined in the LARF requires that either a full Land Acquisition and Resettlement Plan LARAP or an Abbreviated LARAP A_LARAP be completed whenever there are people who lose their property or fixed a ssets. Specifically, if ≥ 40 households or ≥ 200 people are affected, and if any minority or vulnerable people are affected a LARAP is needed. If 40 households or 200 people are affected an SLARAP is to be undertaken 5 . In the event that land acquisition takes place for any subproject within 2 years of the start of any proposed WINRIP LARAP exercise, all relevant data on land acquisition must be provided to DGH and a Tracer Study conducted. This includes a description of the process applied, its schedule, compensation process and entitlement data, amount of land acquired, location and number of HH or individuals compensated, the amounts provided and a complete list of all those compensated usually available in tabular form. The CTC, on behalf of DGH will then conduct a “tracer study”, including interviewing a sample of project-affected-people PAPs to independently certify for the Government of Indonesia and the World Bank that the LARAP process was completed fairly and credibly. All A_LARAPs, while prepared by the DSC, will have primarily Kabupaten-level involvement. For LARAPs the provincial BAPPEDA’s and related local governments where the subprojects are located will be directly involved in implementing this process, and in forming a Land Acquisition Committee LAC as defined in Perpres No. 362005, which will govern all entitlement and grievance issues, plus oversee the compensation. It is likely that a local NGO or university will be involved as independent compliance monitors. Should any proposed WINRIP subprojects involve construction along existing national roads and bridges in areas where indigenous people live and where either land or fixed assets are at risk, an Indigenous People’s Development Plan will be prepared, as defined in the World Bank Framework. Guidance will be sought from the Indonesian Department of Social Affairs Kementerian Sosial and all relevant GoI laws and regulations will be referenced.

1.8.4 Environmental and Social Safeguards Due Diligence