Environmental and Social Safeguards Due Diligence Health and Safety

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

All project-specific environmental and social studies completed as part of the safeguards process will be subject to a due diligence audit by the CTC, with output submitted to Government of Indonesia for onward submission to the World Bank, as part of the overall project approvals process. Projects will not move forward to implementation until both environmental and social safeguard requirements have been met. 5 Also, if 10 of the physical assets are lost and no people are displaced, an A_LARAP may be all that is needed. Clean Final PIP_WINRIP_IBRD 06032012 19

1.8.5 Health and Safety

The Project will involve a number of construction workers who will be living in base camps along the project corridors. To mitigate the risk of HIVAIDS transmission, the construction contracts include clauses requiring contractors to allow their workers to attend education sessions where HIVAIDS awareness brochures and condoms will be distributed. This is a standard provision in the Standard Bidding Documents used for the works and agreed between Multilateral Development Banks and FIDIC. This is a small targeted activity, using existing materials, where the DGH will invite the relevant local health department andor non-governmental organizations to provide services such as an initial information session, and one or two follow up meetings during contract execution. This activity will be carried out and financed through the contracts – Design and Supervision Consultant DSC - and will be targeted to Works all contracts. DGH coordinates on this aspect with the Ministry of Health. DGH will contract with an “approved service provider” to provide the prevention service under the project. This will be monitored by DGHPMU with the assistance of the DGHenvironmental and Road Safety Sub Directorate DTA. The cost of this is included as “provisional sum” in DSC contract. Clean Final PIP_WINRIP_IBRD 06032012 20

2. INSTITUTIONAL

The institutional arrangements for implementation and management of WINRIP will be adapted and improved from that for EIRTP-1, and on going program SRIP, which was designed for National and Provincial programs. The overall Project Organisation is shown in Figure 2.1, and particular aspects are reviewed in this section.

2.1 Organisations Responsible for Project Implementation

An inter-agency Steering Committee chaired by BAPPENAS’ Deputy for Production, Trade and Infrastructure and including representatives from the Ministry of Finance MoF, and Ministry of Public Works MPW is responsible for facilitation of coordination among the Ministries for the purposes of Project implementation. DGH within MPW is the Executing Agency EA for the Project. The Steering Committee will have a Secretariat chaired by the Director of Transportation, Bappenas with members appointed from the implementing agency within the Directorate General of Highways as well as the Bureau of Planning and International Cooperation of the Secretariat General, Ministry of Public Works. The Central Government working group consists of DGH as the Executing Agency and the Bureau of Planning and International Cooperation of the Secretariat General, representing the Ministry of Public Works. DGH is represented by the Directorate of Planning, Directorate of Technical Affairs, and the Directorate of Implementation Affairs Region I and the Balai Implementation Regional Office.. The project organisation for implementation of civil works in Non-Metropolitan areas is shown in Figure 2.1.