Safeguard NUSP2 Resettlement Plan Kapuas District 2018 11

  Resettlement Plan

  November 2018

  Indonesia: Neighborhood Upgrading and Shelter Project – Phase 2

  Prepared by the District of Kapuas and Directorate General of Human Settlements, Ministry of Public Works and Housing for the Asian Development Bank.

CURRENCY EQUIVALENTS

  (as of 9 November 2018)

• – Currency unit rupiah (Rp) Rp1.00 = $0.000068

  $1.00 = Rp14,706

  

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 2011.

  (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.

  

TABLE OF CONTENTS

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

LIST OF TABLE

  

  

LIST OF FIGURE

  

  

  

LIST OF APPENDICES

  

  

  

ABBREVIATION

  ADB : Asian Development Bank APBD : Anggaran Pembangunan dan Belanja Daerah (local government budget) Bappeda : Badan Perencanaan Pembangunan Daerah (Development Planning Agency at provincial level) BKM : Badan Keswadayaan Masyarakat (Community Implementing Organization) BLH : Badan Lingkungan Hidup (Environmental Agency at local level) BPN : Badan Pertanahan Nasional (National Land Authority) CA : Community Advisor CC : City Coordinator CDD : Community Driven Development DGHP : Directorate General of Housing Provision DGHS : Directorate General of Human Settlements DPRD : Dewan Perwakilan Rakyat Daerah (local parliament) GOI : Government of Indonesia LCO : Local Coordinating Office MBR : Masyarakat Berpenghasilan Rendah (Low Income Communities) NGOs : Non Government Organizations KPR-BTN : Kredit Pemilikan Rumah- Bank Tabungan Negara LIC : Low Income Development NUSP-2 : Neighborhood Upgrading Shelter Project-2 NMC : National Management Consultant PMU : Project Management Unit PPK : Pejabat Pembuat Komitmen (project manager) RMC : Regional Management Consultant RTRW : Rencana Tata Ruang dan Wilayah (Spatial Plan) SATKER : Satuan Kerja/Project Implementing Unit UPTD : Unit Pelaksana Teknis Daerah (Local Technical Management Unit)

  CHAPTER I. INTRODUCTION

  1.1. Background

  1. The 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 a slum upgrading program which is undertaken through partnerships between local governments, local communities and private sector to ensure the implementation of sustainable, independent and pro poor urban housing and settlements development.

  2. NUSP-2 is funded by 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 pro-poor 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 and Central Governments. The Local Government will facilitate a clear and clean of minimum two hectares piece of land and the construction of public and social facilities.

  Moreover, the Central 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. The NUSP-2 will only provide this basic infrastructure. The NSD is implemented in 4 cities/regencies i.e.

  Palopo City, Kendari City, Kapuas District and Bima City. The prioritized beneficiaries are people who live in slum areas, and categorized as low-income people (MBR/Masyarakat Berpenghasilan Rendah).

  1.2. Overview of the NSD of Kapuas

  4. The local government of Kapuas has provided 3.174 hectares of land for NSD location in Kelurahan (neighborhood) of Selat Utara for resettlement of the relocated low income communities (MBR) from several kelurahans in Kapuas District. The low income communities (as stated by the Decree of Head of District No.772/PU//2014 concerning Determination of Slum Neighborhoods in Kapuas District in Appendix 1) are those who lives in slum area and will be included in the list of beneficiary candidates. The designated land is planned to accommodate 200 housing units equipped with supporting infrastructures.

  5. Administratively, the Handil Berkat Makmur NSD is located in Kelurahan Selat Utara, within the Kecamatan (Sub-district) of Selat. It covers approximately 1,450 Hectares area with the following administrative boundaries:

• North : Teluk Palinget Village, Kecamatan Pulau Petak;
• South : Kelurahan Selat Hulu and Kelurahan Selat Dalam;
• East : Kapuas River; • West : Pulau Telo Baru Village, Kecamatan Selat.

  6. Geographically, it is located at 2 57 ’30,02” South Latitude and 114 2 5’10,05” East Longitude on a vacant land close to the urban center of Kapuas District. There are less than ten households living scattered nearby, about 100 meters or more from the NSD entrance gate. Hence, the potential of social conflict with the host community around the NSD is minimum. The site orientation of this NSD in Kapuas District is shown in

  Figure 1 below.

  Figure 1. Orientation Map of NSD Handil Berkat Makmur

  7. Coverage Area and Population. The potential beneficiaries of the Handil Berkat Makmur NSD are low-income community (MBR) living in squatter area in urban center of Kapuas District of 5 kelurahans namely Kelurahan Selat Hulu, Kelurahan Selat Tengah, Kelurahan Selat Hilir, Kelurahan Selat Dalam, and Kelurahan Pulau Telo. The total coverage area of these five kelurahans is ±1,770.28 Ha in which ±224.39 Ha of it is stated as slum areas. The total population living in the slum area is 7,969 families, and the relocation activity will include 663 households who are living in squatter areas.

  The implementation of NSD in Kelurahan Selat Utara will decrease 200 households of these 663 households. The remaining 463 households which is unaccomodated in Handil Berkat Makmur NSD will be facilitated through Program Sejuta Rumah (A Million House Program) in FY 2019-2020 in Kelurahan Pulau Telo Baru, Selat Sub-district.

  8. Livelihood. Based on field survey and analysis, the average income of beneficiaries is

  IDR 1,139,724/household/month, while their average expenses are IDR 575,000/ household/month. This is way below poverty line by BPS in 2017 in which expenses/capita(person)/month is

  IDR 406,836,- or relevant with

  IDR 1,627,344/household/month. This expense mainly covers electricity, water service, transportation and health costs. The relative high cost of water supply is caused by the electricity expense for water pumping as a consequence of inadequate water supply network. For health aspect, due to the bad sanitation system and poor condition in slum area, approximately the beneficiaries go to the health facilities twice a month. The high expenses for transportation is due to lack of public transportation going back and forth to their location. After relocation to the NSD location, this expenses of providing basic services per household will decrease to IDR 380,000/month, as shown in Table 1 below, since the NSD will be completed with adequate infrastructure and closer to the hospital and traditional weekly market.

  Table 1. Comparison of Livelihood Aspect Slums of Selat Hulu, Selat Tengah, Selat NSD Handil Berkat Makmur Dalam, Selat Hilir, Pulau Telo

  IDR 575,000 per month

  IDR 380,000 per month Electricity fee : IDR 100,000 Electricity fee : IDR 100,000 Average

  Water services : IDR 75,000 Water services : IDR 50,000 Expenses

  Transport : IDR 300,000 Transport : IDR 180,000 Health : IDR 100,000 Health : IDR 50,000 Source: Analysis Result by Sub-monev for NSD (RMC Central) 2018.

  9. Livelihood is the essential aspect that must be considered by Local Government when beneficiaries moved to NSD site. Besides giving the subsidy on rental rates, Local Government of Kapuas District also planning to provide other facilitation, as follows:

  a. Additional Transport routes to NSD site (angkot) in FY 2019, and free transport facilitation for school children as applied since 2014 in existing regular route; b. Development of fish farming ponds with assistance for fish fry in FY 2018 and training workshop on fish farming development in FY 2019; c. Easy access for education in FY 2018; and

  d. Continuing Health Improvement Programs from Public Health Agency, especially for elderly and children, which have been implementing since early 2018.

  10. The expected positive impacts of the NSD Handil Berkat Makmur of Kapuas District will include: (i) The provision of adequate housing for two hundred (200) low-income households in 5 Kelurahans, i.e. Selat Hulu, Selat Tengah, Selat Dalam, Selat Hilir and Pulau

  Telo; (ii) The collaborative implementation among the Local Government of Kapuas District, the Directorate General of Human Settlements and the Directorate General of

  Housing Provision, the Ministry of Public Works and Housing in provision of housing and basic infrastructures; (iii) The establishment of NSD Handil Berkat Makmur management board; and

  (iv) The reduction of 1.20 hectares slum areas through resettlement approach (NSD) in Kapuas District.

  11. The NSD construction activities in Selat Utara are expected to bring no adverse impact on social condition of the surrounding community. No existence or activity of indigenous people were reported.

  

CHAPTER II. SCOPE OF LAND PROVISION

  2.1. Land Compliance

  12. The 3.174 hectares of land in Selat Utara designated for NSD location is considered suited with the project, considering the requirements as follow: (i) The land covers minimum of two hectares in a single plot of land with a ratio of 60% proportion for housing units and 40% for basic infrastructures. (ii) The land is owned by the local government and ready to be developed, and supported by an approval letter of the local parliament (DPRD) of Kapuas District

  No. 591/176/DPRD2017 (dated January 2017) expressing Support for the Use of the Land for NSD (See Appendix 2) and a letter of the Head of Kapuas District No. 600/1366/DPUPRPKP/2017 (dated Januari 2017) clarifying that the land status is clear from any dispute (clear and clean) as shown in Appendix 3. (iii) The appointed land is also in accordance with the Kapuas District Spatial Plan (RTRW), as stated in the letter of Head of Kapuas District No.

  600/1367/DPUPRPKP/2017 dated January 2017 (see Appendix 4) that it is a vacant lot that can be designated as residential area. (iv) The land can be developed with integrated urban infrastructure services, such as electricity, water, road, drainage, sewerage networks, and connected with the urban transportation system.

  2.2. Land Status and Existing Condition

  13. The land designated as Handil Berkat Makmur NSD is located in Kelurahan Selat Utara of Selat Sub-district in Kapuas District, which relatively flat and positioned between two small rivers (handil), namely Handil Berkat Makmur and Handil Pamurus. This condition makes the area frequently inundated. The land is connected with a local secondary road accessible by vehicles, and will be accommodated by new additional route of public transportation as well. The existing condition of the Handil Berkat Makmur NSD is shown in Figure 2 and the aerial view in Figure 3 below.

  Figure 2. Existing site condition of the NSD Handil Berkat Makmur .

  Figure 3. Aerial View of NSD Handil Berkat Makmur CURRENT NSD CONDITION IN MARCH 2018 Housing Zone

2.3. Legal Aspect of Land Provision

  14. As the designated land is owned by the District Government of Kapuas, the land provision did not involve any purchasing and any relocation. Therefore, a resettlement plan is not required. The legality status of the land is provided by the Land Title No. 15.02.01.03.4.00015 issued by the National Land Agency (Badan Pertanahan

  Nasional) that the land is a property of government of Kapuas District (see Appendix 5) and supported with the Head of Kapuas District Notice No.

  600/1366/DPUPRPKP/2017 (dated Januari 2017) to Director General of Human Settlement about The land designated for NSD is clean and clear, and the land usage for NSD was approved by the Parliament of Kapuas District in the Letter of No.

  591/176/DPRD2017 (dated January 2017).

CHAPTER III. DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE HANDLING MECHANISM

3.1. Dissemination

  15. In the process of land acquisition from community/individuals, along with grievance handling mechanism for any affected people in development of NSD programs, dissemination of information is required to involve representatives from local parliament (DPRD), LCO, City Satker-PPK, BKM, land-owners, community leaders, and consultants. Since the land status for NSD program in Kapuas District is owned by the local government and yet not occupied, it will not cause effect to people in term of land acquisition. Therefore no dissemination regarding land acquisition is required. However disseminations to raise comprehension regarding NSD concept, objectives, target and mechanism will be held among the communty.

  16. A dissemination or socialization meeting was held on 27 April 2018 at the

  Kelurahan’s Office of Selat Utara, attended by the Head of Selat Sub-district, Head of Kelurahan Selat Utara, representative of PPK NUSP-2, the contractor firm and community leaders and members. Four out of 35 participants at this meeting were woman (Figure 5). The meeting was aimed to disseminate information on the NSD plan. The minute of this meeting is included in Appendix 6. The list of participants attending this meeting is included in Appendix 7.

  Figure 4. Dissemination of NSD Plan in Selat Utara Kelurahan

  ’s Office

  3.2. Consultation

  17. The meaningful consultation will be conducted after the dissemination to provide an opportunity for the community in surrounding neighborhood to express their opinions, concerns, questions, and/or feedbacks on the NSD in Kelurahan Selat Utara. One of the agenda in consultation is to establish an agreement with owners of land adjacent to the NSD location. The discussion mainly will relate to the land boundaries and the installation of land boundary markers.

  3.3. Grievance redress mechanism

  18. Grievance redress mechanism is used as an instrument to handle any complaints and/or queries which emerge on the development process of the NSD project. Any affected people will have the right to file complaints. 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 (community-driven development) as the overarching approach.

  19. The procedure for filing complaints and/or grievance is as follows: (i) The complaint will be filed to the BKM members and local government at the neighborhood level for an immediate solution when possible.

  (ii) If the problem cannot be solved, the BKM members and local government staff will facilitate the APs (affected peoples) to submit their complaints to the Projects’s grievance redress committee (GRC) at the district level, and to the national level if needed. Community advisor then will record the complaint and report it to the LCOs. The project will dedicate a staff at city/district and national levels to be in charge of handling and following up on AP’s complaints.

  20. The handling procedure by GRC on complaints and/or grievance is as follows: (i) The members of the GRC should involve the representatives of vulnerable affected people (i.e. affected women, poor and minority groups) and other affected people along with relevant government officials who have functional and legal authority. The committee will then review grievances involving all land acquisition benefits or issues, except for disputes related to ownership. (ii) Grievances will be redressed within 2 to 4 weeks from the date of filing the complaints at the district level and within 8 weeks at the national levels. If no consensus can be reached, the dispute resolution will refer to the grievance mechanisms based on Law No. 2/2012 on Land Acquisition for the Development of Public Interest and Presidential Regulation No. 71/2012 on the Implementation of Land Acquisition for the Development of Public Interest.

  (iii) A grievance redress mechanism has been set up to anticipate the development process of NSD and land acquisition. To date there is no complaint raised by the community and AHs (affected households) related to the NSD and land acquisition.

CHAPTER IV. THE POLICY OF LAND PROVISION

  21. The land provision for NSD should meet related policies established by ADB and Government of Indonesia as mentioned below.

  4.1. ADB’s Safeguard Policy Statement 22.

  The ADB’s Safeguard Policy on land provision stated as follows: (i) avoid adverse impacts of the projects on the environment and affected people, where possible; (ii) minimize, mitigate, and/or compensate for adverse project impacts on the environment and affected people when avoidance is not possible; and

  (iii) help borrowers/clients to strengthen their safeguard systems and develop their capacity to manage environmental and social risks.

  23. Whereas, the Principles of involuntary resettlement are as follow: (i) involuntary resettlements must be avoided where feasible; (ii) minimize involuntary resettlements by exploring project and design alternatives; (iii) enhance the livelihoods of all displaced persons in real terms relative to pre-project levels; and

  (iv) improve the standards of living of the displaced poor or other vulnerable groups.

  24. In terms of land donation, as set forth in the RF, the policy principle for land acquisition and resettlement require that: (i) No affected people (AP) categorized as poor households or vulnerable households as identified through social assessment are allowed to donate their land or other economic assets for the project activity;

  (ii) When the required land is voluntarily donated or acquired through other agreement as decided by the community, detailed social and economic background and project impact to the APs must be carefully recorded and reported;

  (iii) All the required information must be provided in the LARP required as part of the subproject document prepared by the community; (iv) The prepared LARPs must be endorsed by the CIOs, neighborhood apparatus and the LCO/Executing Agency (EA), approved by ADB, disclosed to the APs and uploaded on ADB’s website; and

  (v) Prior to endorsement to ADB, the neighborhood proposal LARP will be reviewed by special committee accountable to ADB and the Government.

  4.2. The GOI Policy

  25. Aside from ADB’s Safeguard Policy Statement, the land provision is required to meet the Government of Indonesia regulations including:

  (i) Law No. 2/2012 on Land Acquisition for the Development of Public Interest (Undang-Undang Nomor 02 Tahun 2012 Tentang Pembebasan lahan untuk

  Pengembangan Kepentingan Umum);

  (ii) Presidential Regulation No. 71/2012 on the Implementation of Land Acquisition for the Development of Public Interest (Peraturan Presiden Nomor 71 tahun 2012

  Tentang Pelaksanaan Pembebasan Lahan untuk Pengembangan Kepentingan Umum);

  (iii) Regulation of Head of BPN No.5/2012 on Guidelines for Implementation of Presidential Regulation No. 71/2012 (Peraturan Kepala BPN Nomor 05 tahun 2012

  Tentang Pedoman Pelaksanaan Peraturan Presiden Nomor 71 Tahun 2012);

  (iv) Regulation of the Minister of Finance No.13/PMK02/2013 (Peraturan Menteri

  Keuangan Nomor 13/PMK02/2013); and

  (v) Regulation of the Minister of Home Affairs No. 72/2012 on the Implementation Guideline of Law No. 2/2012 (Peraturan Menteri Dalam Negeri Nomor 72/2012 Tentang Pedoman Pelaksanaan UU No. 2/2012).

4.3. The Principles of Land Provision Policy

  26. The land provision for Handil Berkat Makmur NSD has followed the social safeguard principles set forth in the Resettlement Framework (RF) which was prepared based on the

  ADB’s Safeguard Policy Statement and the GOI’s legal framework on land acquisition aforementioned. The relevant basic principles set forth in the Resettlement Framework document (paragraph 29, point a, d, and g) to be applied for the projects are as follows: a) 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.

  b) 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.

  c) There shall be an effective grievance redress mechanism to receive and facilitate resolution of the affected persons’ concern during the preparation and implementation of LARPs.

  27. The land provided for NSD Handil Berkat Makmur is originally a property of the Government of Kapuas District since 1996 (see Appendix 5) and was not acquired through land donation. Referring to paragraph 26 above, the land provision process is consistent with the Basic Principles. itcaused no AP therefore required no grievance redress mechanism for land provision process.

  28. Requirement for land donation set forth in RF Document paragraph 30 are as follows: (i) Full consultations with the land owners and any non-titled displaced persons on site selection; (ii) Ensuring that voluntary donations do not severely affect the living standards of the

  APs, and are linked directly to benefits for the APs, with community sanctioned measures to replace any losses that are agreed to through verbal and written record by the APs;

  (iii) No any coercion to those who are opted for the contribution; (iv)

  Any voluntary “donation” will be confirmed through verbal and written record and verified by an independent third party such as a designated non government organization or legal authority;

  (v) Having adequate grievance redress mechanism in place; and (vi) Safeguards must be built into the community decision making process and included in the project implementation guideline to be followed by project consultants and facilitators and shared with the project community members.

  29. Moreover based on RF Document paragraph 31, land donation by beneficiary households is acceptable where: (i) the impacts are marginal (based on percentage of loss and minimum size of remaining assets); (ii) impacts do not results in displacement of households or cause loss of household’s incomes and livelihood;

  (iii) the households making land donations are direct beneficiaries of the project; (iv) donated land is free from any dispute on ownership or any other issues; (v) consultations with the affected households are conducted in a free and transparent manner; (vi) land transactions are supported by transfer of titles; and (vii) proper documentation of consultation meetings, grievances, and action taken to address such grievances is maintained.

  30. The requirements in paragraph 28-29 above are not applicable in Handil Berkat Makmur NSD land provision, As the land for Handil Berkat Makmur NSD site has been owned by the government of Kapuas District with clean and clear status and ready to be developed.

  31. This Due Diligence Report is prepared to describe the land provision implementation process and follow up necessary corrective action to meet the social safeguards principles.

CHAPTER V. INSTITUTIONAL ARRANGEMENT

  32. The NSD program is carried out by government institutions at several levels including the central government (Project Management Unit), Local Government (LCOs / city

  Satker- PPK) and the community.

  33. The roles and responsibilities of the abovemention government institutions presented in Table 2 below.

  Table 2. Roles and Responsibility of Institution Institution Roles and Responsibilities Central Ministry of Public Works &

• Coordinating, supervising and monitoring the Housing (PMU) implementation of NUSP-2 program including collaboration with the Government of Kapuas District through APBD in form of land provision and infrastructure development in the surrounding of NSD site.
• Ensuring the land provision document as compiled by LCOs/Satker-PPK NMC Safeguard Specialist • Assisting the Executing Agency (PMU) in overall coordination, supervision, monitoring and reporting regarding safeguard implementation and monitoring.
• Working closely with the government and other consultants in preparation of Due Diligence Report • Working closely with the government and other consultants in implementation and monitoring the safeguard management plan.

  Regional RMC Safeguard Specialist

• Assisting the LCO in coordination, supervision, monitoring and reporting including safeguard implementation and monitoring on the NSD site.
• Ensuring the safeguard management plan is implemented on the NSD site.
• Ensuring all social safeguard documents are completed including Land Donation Statement and Social Safeguard Screening

  City LCOs,

• Coordinating, supervising and monitoring the land provision • Providing the budget for land provision.
• Preparing the reports on land provision.

  CityPPK-Satker

• Undertake dissemination regarding NSD activity
• Establish Grievance Redress Mechanism (GRM) to address community complaints regarding NSD activity.

  NSD Site UPTD (Unit Pelaksana

• Assisting the identification and measurement

  Teknis Daerah or NSD of the land Management Board)

• Facilitating the public complaints and NSD community forum
• Managing the day-to-day Operation and Maintenance

CHAPTER VI. MONITORING AND EVALUATION

  34. Monitoring and evaluation will be done to ensure the land provision complies with the existing rules and does not adversely affect the social and economic of the community.

  In the event of an adverse occurrence, certain measures must be done in order to address the anticipated impact. Monitoring and evaluation will be conducted by each stakeholder with assistance of the consultants in the national level and regional levels. The monitoring and evaluation activities will be reported in the semi-annual social monitoring report.

CHAPTER VII. CONCLUSIONS

  35. The land provision for the NSD in Kapuas District has not done through land acquisition or land donation from community or individuals, as the land is a property asset owned by the District Government of Kapuas therefore no corrective action needed for land provision of NSD Kapuas.

  36. The land designated for the NSD is in accordance with spatial planning of Kapuas District and meets the criteria determined by NUSP-2.

  APPENDICES

  

Appendix 1. Determination of Slum Neighborhoods in Kapuas District by Local Government of

  Kapuas District

  Appendix 2. Support for the Use of the Land for NSD

  Appendix 3. Statement of the Head of Kapuas District Proofing of the Land Ownership

  

Appendix 4. Statement of the Head of Kapuas District regarding the Compliance of NSD Site to

  the Spatial Plan of Kapuas District

  Appendix 5. Certificate of Land Title for NSD Handil Berkat Makmur Site

  Appendix 6. Minute of Meeting of the Dissemination about New Site Development Plan

  Appendix 7. List of Attendees of Dissemination about New Site Development Plan