Safeguard NUSP2 Social Monitoring Report (January June 2017)
Social Monitoring Report
#Semestral Report (January – June 2017) December 2018
Indonesia: Neighborhood Upgrading and Shelter Project – Phase 2
Prepared by the Directorate General of Human Settlements, Ministry of Public Works and Housing for the Republic of Indonesia and the Asian Development Bank.
CURRENCY EQUIVALENTS
(as of 30 November 2018)
- – Currency unit rupiah currency name in lowercase (Rp) Rp1.00 = $0.00007
$1.00 = Rp14,240
- – ADB Asian Development Bank
Anggaran Pendapatan and Belanja Daerah (Regional
- – APBD
Budget Income and Expenditure)
- – DGHS Directorate of Human Settlements
NOTE
(i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011.
(ii) In this report, "$" refers to US dollars. This social monitoring report 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.
TABLE OF CONTENTS
LIST OF TABLES
LIST OF FIGURE
LIST OF APPENDICES
ABBREVIATION
ADB Asian Development Bank AH Affected Household AP Affected People APBD Anggaran Pembangunan dan Belanja Daerah (Regional Budget Planning) BPJS Kesehatan Badan Penyelenggara Jaminan Sosial Kesehatan (Social Security for
Health) BPN Badan Pertanahan Nasional (National Land Agency) BSPS Bantuan Stimulan Perumahan Swadaya (Self-help Housing Assistance) CA Community Adviser CC City Coordinator CIO Community Implementing Organization DED Detailed Engineered Design DDR Due Diligence Report DGHS Directorate General of Human Settlement EA Executing Agency EMP Environmental Management Plan FGD Focus Group Discussion FY Fiscal Year GAP Gender Action Plan GRM Grievance Redress Mechanism Ha Hectare HH Household
IEE Initial Environmental Examination
IP Indigenous People
IPAL Instalasi Pengolahan Air Limbah (Wastewater treatment plant) LARP Land Acquisition and Resettlement Plan LCO Local Coordinating Office LG Local Government MDG Millennium Development Goals NMC National Management Consultant NSD New Site Development NPW Nilai Perkiraan Wajar (Reasonable Reimbursement Value) NUAP Neighborhood Upgrading Action Plan NUSP-2 Neighborhood Upgrading and Shelter Program Phase 2 PDAM Perusahaan Daerah Air Minum (local government owned clean water provider) PIP Pengembangan Infrastructure Pemukiman (Settlement Infrastructure
Development) PIU Project Implementing Unit (Satker or Satuan Kerja) PMU Project Management Unit PPP Public Private Partnership PWH Public Works and Housing RAB Rencana Anggaran Belanja (Project Budget) RMC Regional Management Consultant RP Resettlement Plan RTRW Rencana Tata Ruang dan Wilayah (Spatial Plan) RT/RW Rukun Tetangga/Rukun Warga (Subdivision Institution under RW/
Subdivision Institution under Kelurahan) Satker PKPBM Satuan Kerja Peningkatan Kualitas Permukiman Berbasis Masyarakat
(National PIU of Settlement Quality Improvement) SIAP Slum Improvement Action Plan SPS Safeguard Policy Statement
CHAPTER I. PROJECT BACKGROUND AND DESCRIPTION
1. Approved on 31 March 2014, NUSP2 is aimed to upgrade basic public infrastructure in slums, and contribute to meeting Millennium Development Goals (MDGs) targets for achieving significant improvement in the lives of slum dwellers (MDG target 7D) and halving the proportion of urban households without sustainable access to safe drinking water and basic sanitation (MDG target 7C). The Project contributes to the implementation of the Cities without Slums Program launched by the Government to address issues of the rapid urbanization. The project covers 20 cities and improves basic infrastructure and living conditions in selected slums.
2. NUSP Phase 2 assists 20 cities to develop and implement inclusive pro-poor city development plans. The project improves living conditions in slum areas through (i) providing resources to local governments and communities for upgrading basic infrastructure in slum areas, (ii) strengthening planning and management capacities of local administrations for inclusive pro-poor urban planning, (iii) establishing sustainable mechanisms to engage communities in urban development planning processes, and (iv) launching public private partnerships (PPPs) to establish affordable housing areas for poor families.
3. As stipulated in the Project Data Sheet, the NUSP-2 has a Safeguard Category B for Involuntary Resettlement and Category C for Indigenous Peoples. The Category B means the project will not include physical displacement and loss of more than 10 percent of productive assets (income generating) of 200 or more persons due to involuntary land acquisition. And the Category C for Indigenous Peoples means that the Project is not expected to have any negative impacts on indigenous people, as there are no indigenous people reported in location nearby the project locations.
4. Since the project will adopt CDD approach, the specific intervention will be identified by the community members only during project implementation, thus potential issues related to land acquisition can be identified only at later stage. In the context of specific neighborhood upgrading activities, i.e. construction of public sanitation facilities, small land portions might be acquired from community members or donated voluntarily. Land required for new settlement for poor families will be provided by participating districts/cities government and resettlement issues are not expected or to be minor.
5. The expected impact of the NUSP-2 is improved living conditions in urban areas. The outcome is improved infrastructure and access to service delivery in slum neighborhoods in 20 project cities. As for the outputs, the NUSP-2 has three outputs: (i) Institutional capacities for managing pro-poor urban development strengthened; (ii) infrastructure in slum neighborhoods upgraded; and (iii) new settlements for poor families established.
6. In efforts to improve infrastructure in slum neighborhoods effectively, the infrastructure activities under NUSP-2 are grouped into three categories of work packages: 1). Community contracts (skala lingkungan); 2). Complex civil works (skala kawasan); 3). New Site Development.
7. The community contract activity is designated to infrastructure works which self- managed by CIO (Community Implementing Organization) in a neighborhood where they live. This kind of construction works is commonly manageable using manual labors. Some of these community contracts are conducted in two or three phases or cycles, depending on the amount of the budget they manage. Whereas, the complex civil works activity is designated to infrastructure works which implemented by contracted firm selected through bidding process. This kind of complex construction works may have scope across neighborhoods and usually requires advanced or heavy equipments.
8. The New Site Development (NSD) Construction Activity. The NSD plans to construct the public facilities and infrastructures for the newly built neighborhood, such as paving roads, drainage system, clean water supply, solid waste management system and landscape for open green space. There are 4 (four) cities/districts participating in the NSD projects, namely: Kendari City, Palopo City, Bima City and Kapuas District. The NSD activity is also implemented by contracted firm selected through bidding process, but has many types of infrastructure works in a new land including house construction which implemented by the DGHP.
9. This Report is the Semi Annual Social Safeguard Monitoring Report prepared to comply with the loan covenants, covering the period of first semester of January to June 2017 in a cumulative manner. This report covers resettlement and social safeguard monitoring results in complying with the ADB safeguard policy statement.
CHAPTER II. PROJECT IMPLEMENTATION PROGRESS
10. Community Contract Activity. During the first half of 2017, the NUSP-2 Project was conducted in 204 kelurahans within 20 cities. Community Implementing Organizations (CIO or
BKM, Badan Keswadayaan Masyarakat) assisted by Community Advisors (CA) have
formulated 204 Community Action Plans (CAPs or RKM, Rencana Kerja Masyarakat) for first cycle (Siklus I) in 204 kelurahans. The planned community contracts may need small land portion through land donation, which are subject to basic principle of land donation in Resettlement Framework Paragraph 29, 30 and 31.
11. Complex Civil Works Construction Activity. In 16 cities/districts the planning documents of 24 work packages have been formulated by consultants, which recruited by local government
’s Budget/APBD of fiscal year 2017. The planned work packages may need small land portion from community, which will be provided through land donation, hence neither land acquisition report and resettlement plan will be required.
12. However, as the project implementation in complex civil works in Kapuas District and Pekalongan City in 2016 have affected 149 peoples or 38 households and caused resettlement, a Resettlement Due Diligence Report is being prepared for each location. Such report is aimed to provide information that the process of resettlement do not excess the major impact, and the affected people were provided with proper entitlement, as well as adequate recovery programs. The monitoring of these recovery programs will be further elaborated in Chapter IV Compensation and Income Restoration Program.
13. New Site Development. The government of Kendari City has secured approval for land utilization in Purirano for the NSD site from the local parliament at 2015. The land status is under possession of the government of Kendari City as shown in the Statement of Claim for Land Possession in Appendix 1 .
14. In Palopo City, the local government has acquired the total area of 2.0 hectares land in Sampoddo in December 2016. The land was acquired from two households through negotiated land acquisition procedure set forth in the Law No. 2/2012 on Land Acquisition for Development of Public Interest and its implementing regulations. However, the land was unoccupied and unproductive. Therefore, this land acquisition did not affect the productive income. The two Affected Households (AHs) are considered significantly affected as the lost land is more than 10% of total assets owned, hence they are entitled for income recovery and livelihood program.
The Local Government of Palopo City is preparing to deliver the livelihood recovery program for the affected households living in Palopo and the family members (son and daughters). The monitoring of these recovery programs will be reported in the next Semi Annual Monitoring Report. The land title certificate for the government of Palopo City was issued in February 2017 as shown in Appendix 2.
15. For the NSD in Bima, the government of Bima City has requested 3.7 Hectares land asset in Jatiwangi from the government of Bima District in May 2017. The government of Bima District is now awaiting for approval of their local parliament (DPRD) to transfer the asset to the government of Bima City. This land was formerly property of the Government of NTB province but transferred to the government of Bima District. The Due Diligence Report for this NSD will be prepared around first quarter of 2018.
16. In Kapuas District, the local government has secured approval for land utilization in Handil Berkat Makmur for the NSD site from the local parliament in January 2017. The land title status is the property of the government of Kendari City as shown in the Land Title Certificate issued in March 1996. Since the land for NSD site is vacant and is the property of the local government of Kapuas District, there is no issue on land acquisition and resettlement. The Due Diligence Report for this NSD will be prepared around mid 2018.
CHAPTER III. RESETTLEMENT
17. During this reporting period (January-June 2017), no involuntary resettlement (IR) or loss more than 10% of productive assets were reported. This is emphasized in the letter from the Director of Settlement Development of MPWH, ibu Ir. Rina Farida, dated 12 June 2017 to the Country Director ADB-IRM, informing that the civil works packages in FY 2017 will not require land acquisition or resettlement process ( Appendix 3. Letter Ref. HL.02.02-CK/297 concerning no IR in FY 2017).
18. The land acquisition requirement on small land for project construction activities was fulfilled voluntarily, where all the affected land owners did not demand any compensation in return. The NMC has encouraged the RMC to carefully identify and inventory all land donations and completed with supporting documents. Land donation will be discussed separately in Chapter V.
19. The NUSP-2 activities implemented during this period of reporting did not bring impacts on resettlement, except on Kapuas District and Pekalongan City. Therefore, this chapter will discuss more on the resettlement in Kapuas District and Pekalongan City occured in FY 2016, which has not yet been reported in the previous Semi Annual Social Monitoring Report.
20. As the NUSP-2 implementation of complex civil works in Kapuas District and Pekalongan City had caused resettlements in 2016, this year the local governments have provided payment for affected assets compensation, allowances, loss of incomes, etc. To the affected persons. The implementation progress of compensation payment and resettlement is shown in Table 1 below, followed by Table 2 on the progress of disbursement, source of funding, and allocation. In addition, the local government also provided other types of compensation for income rehabilitation programs. Description about compensation and recovery program is presented in the next chapter.
Table 1. General Progress in Resettlement Plan Implementation
AHs eligible for compensation and/or AHs required to resettled (relocated) assistance/allowances Number of AHs % Total Number Number of AHs % Number of AHs fully paid progress of AHs resettled progress Location No. of No. of No. of No. of
Total Female Total Female Total Female Total Female
AHs Headed AHs Headed AHs Headed AHs Headed
AHs AHs AHs AHs PekalonganPasir Keramat
32
6
32 6 100
32
6
32 6 100 Keraton Kapuas Selat Hulu
4
2
4 2 100
4
2
4 2 100 Selat 2 2 100 - - 2 - - 2 100 Tengah
Total
38
8
38 8 100
38
8
38 8 100
21. As the total number of affected households is just 38 (or 149 individuals), this situation will not bring implication to the category B of involuntary resettlement. However it will need further monitoring on implementation of this resettlement.
Table 2. Disbursement and Resource of Funds
Cummulative Timeliness of Fund Funds Disbursement Disbursement Funds LAR Budget Source(IDR)
Allocation disbursed this
Location Requiremen of Delay inStatus reporting Rea- t (IDR) Funding targets for period sons fund for disburse- Delay ment? (Y/N) Pasir
Allocated Fully disbursed
Keramat 160,000,000 APBD- N 160,000,000
FY 2016 in FY 2016
Keraton Selat Allocated Fully disbursed 25,000,000 APBD N 25,000,000 - Hulu FY 2016 in FY 2016 Selat Allocated Fully disbursed
9,000,000 APBD N - 9,000,000 Tengah FY 2016 in FY 2016 Total 194,000,000
194,000,000
22. In Pekalongan City, 32 (thirty two) houses located on slum area were fully affected by the drainage construction under complex civil work package. All affected households (of 124 people) were landless and proposed to move to anticipated rental apartment, but they preferred self-relocation. In Kapuas District, the construction of bridges fully affected a house and partially affected five other houses which totally affected 25 people (6 HHs). The only fully affected household was also landless and relocated to nearby location in option of self- relocation (See Table 3).
Table 3. Confirmed Resettlement Preferences for households with fully Affected Houses
Number of Number of HHs Number of HHs Number of HHs Number of HHs HHs that can opting for Location with fully required to opting for self rebuild on replacement affected houses relocate relocation remaining land land PekalonganPasir Keramat
32
32
32 - - Keraton Kapuas
1
1 - Selat Hulu 1 - Selat
- Tengah Total
33 33 -
- 33
CHAPTER IV. COMPENSATION AND INCOME RESTORATION PROGRAM
23. As of June 2017, within this reporting period, no land acquisition and resettlement issues emerged during construction activities, except in Kapuas District and Pekalongan City. Having said in previous Chapter that there are resettlement issues in Kapuas District and Pekalongan City, this chapter will further describe the compensation and income restoration program for the affected peoples (APs) of those two locations. No resettlement program needed for other locations. However, for any activities in the future which would involve with land acquisition and cause any resettlement & rehabilitation, physical or economic displacement, the Resettlement Plan (RP) will be prepared accordingly and subsequently with necessary monitoring of RP implementation. Thus, the status of compensation payment to affected peoples (APs) for their asset loss and mitigations of different other social safeguard issues, if any, will be included in the next semi annual report.
4.1. Compensation
24. As the consequence of resettlement caused in FY 2016, the local governments of Kapuas District and of Pekalongan City have accomplished payment of compensation to the affected people. Table of the affected people with their compensation payment is provided in
Table 4 and Table 5 below. In order to ensure the affected people obtain appropriate
entitlements to physical and non-physical losses, a reasonable reimbursement value (RRV) was calculated based on Law no. 2/2012. The result of RRV calculation was compared with the amount of paid compensation by the local government. This comparison was used to determine a gap between both components. When the gap found positive it reflects inadequate paid compensation. Therefore a series of restoration programs is being identified to be proposed to fill the gap.
Table 4. Compensation Payment of Local Government to APs in Kapuas District
Compensation from local No. Affected People Age (y.o.) Occupation government1 Mahmudah
42 Trader Rp 11.000.000
2 Sardianor
50 Trader Rp 5.000.000
3 Lamsiah
68 Trader Rp 4.500.000
4 Rudy Hartono
45 Unskilled labor Rp 5.000.000
5 Setya Darma
58 Private employee Rp 5.000.000
6 Abdul Sani
61 Trader Rp 4.000.000
Table 5. Compensation Payment of Local Government to APs in Pekalongan City
Compensation from No. Affected People Age (y.o.) Occupation local government
1 Anas
48 Unskilled Labor Rp 5.000.000
2 Alwi
54 Unskilled Labor Rp 5.000.000
3 Kholipah
45 Trader Rp 5.000.000
4 Rasalim
55 Trader Rp 5.000.000
5 Susilowati
45 House Maid/Labor Rp 5.000.000
6 Duriyah
60 Trader Rp 5.000.000
7 Daryono
43 Unskilled Labor Rp 5.000.000
8 Sobirin
46 Unskilled Labor Rp 5.000.000
9 Sugiono
46 Unskilled Labor Rp 5.000.000
10 Nur Ruzi
27 Unskilled Labor Rp 5.000.000
11 Sanawi
56 Trader Rp 5.000.000
12 Suradi
48 Unskilled Labor Rp 5.000.000
13 Wagiyo Waryadi
60 Trader Rp 5.000.000
Compensation from No. Affected People Age (y.o.) Occupation local government
14 Karyono
55 Becak driver Rp 5.000.000
15 Sartono
50 Trader Rp 5.000.000
16 Ahmad Rojiun
50 Unskilled Labor Rp 5.000.000
17 Pariyah
60 Trader Rp 5.000.000
18 A. Safawi
47 Unskilled Labor Rp 5.000.000
19 Sulami
55 Unskilled Labor Rp 5.000.000
20 Durrahman
47 Unskilled Labor Rp 5.000.000
21 Nur Slamet
60 Trader Rp 5.000.000
22 Doto
55 Unskilled Labor Rp 5.000.000
23 Kambali
54 Trader Rp 5.000.000
24 Solichin
59 Tailor Rp 5.000.000
25 Halifa
57 Unskilled Labor Rp 5.000.000
26 Dasmi
63 Unskilled Labor Rp 5.000.000
27 Ahmad Junaidi
42 Unskilled Labor Rp 5.000.000
28 Edi Sambara
64 Trader Rp 5.000.000
29 Suroso
35 Unskilled Labor Rp 5.000.000
30 Rudi Hartono
42 Trader Rp 5.000.000
31 Abadi
46 Unskilled Labor Rp 5.000.000
32 Waryudin
63 Unskilled Labor Rp 5.000.000
25. The RRV calculation has been done to the loss of the affected people both in Kapuas District and Pekalongan City. However, it is concluded that the paid compensation by the local governments were not sufficient. Therefore, the local governments of Kapuas and Pekalongan have committed to also provide restoration programs for the affected people.
4.2. Income Restoration Program
26. Both local governments are identifying the suitable recovery programs to be offered to the affected people. The process of program identification is carried out by considering educational background, previous work experience and preference of the affected people. The livelihood recovery or restoration programs proposed by the local governments of Pekalongan and Kapuas are presented in the following tables ( Table 6 and Table 7).
Table 6. Proposed Livelihood Restoration Program in Pekalongan City
Livelihood Restoration Provider Justification No ProgramSynergizing with nation al government’s
1. Kartu Indonesia Sehat Ministry of Health assistance on health for the poor Synergizing with national government’s
2. Kartu Indonesia Pintar Ministry of Education assistances on education for the poor Synergizing with national government’s
3. Program Keluarga Harapan Ministry of Social Affairs assistances for the poor Synergizing with national government’s
4. Pamsimas Ministry of Public Works assistances for community Ministry of Housing and Synergizing with national government’s
5. BSPS Settlement assistance on housing for the poor Synergizing with national government’s
6. Posyandu Lansia Ministry of Health assistances on health for the poor
7. Sewing Training Skill Training Center (BLK) Considering the AP’s previous job
No Livelihood Restoration Program Provider Justification
8. Carpentry Training Subdepartmen of Construction Service (Jasa Konstruksi/Jakon) Considering previous AP’s job
9. Automotive Training Course Skill Training Center (BLK) Considering AP’s previous job 10.
Table 7. Proposed Livelihood Restoration Program in Kapuas District
No Livelihood Restoration Program Provider Justification1. Kartu Indonesia Sehat Ministry of Health Synergizing with national government’s assistance
2. Kartu Indonesia Pintar Ministry of Education Synergizing with national government’s assistance
3. Program Bank Sampah Subdivision of Waste Management, Urban Development Office Synergizing with local government’s assistance on waste management
4. Posyandu Lansia Ministry of Health Synergizing with national government’s assistance
Agriculture & Fishery Processing Skill Training Center (BLK) Considering previous AP’s job
Rattan Handicraft Training Course Agency of Industry, Trading & Cooperative of Kapuas District
Considering AP’s previous job and resources availability
7. Carpentry Training Subdepartmen of Construction Service (Jasa Konstruksi/Jakon) Considering AP’s previous job and resources availability.
8. Credit for Small Business (KUK) Bank Rakyat Indonesia (BRI) Synergizing with national bank assistance for small business
9. Automotive Training Course Skill Training Center (BLK) Considering AP’s previous job
10. Welding Training Course Skill Training Center (BLK) Considering AP’s previous job
11. Skill Certification Course Subdepartment of Construction Service (Jasa Konstruksi/Jakon) Considering AP’s previous job
5. Sewing Training Skill Training Center (BLK) Considering AP’s previous job 6.
CHAPTER V. LAND DONATION
27. The relevant basic principles set forth in the Resettlement Framework document (paragraph 29, point a, d, g and i) to be applied for the projects are as follows:
(i) 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. (ii) 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. (iii) 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. (iv) Appropriate monitoring shall be carried out to assess land acquisition objectives and their impacts on the standard of living of the APs. The M& E, mechanisms shall be identified and set in place as part of the land acquisition management system. Monitoring reports should be disclosed.
28. As the project of the NUSP-2 are specific neighborhood upgrading activities, only small land portions acquired from community members or donated voluntarily. Land required for the new settlement for poor families in NSD sites would be provided by participating district or city governments. Hence, the resettlement issues are not expected to occur or just minor.
29. Concerning the basic principles point (ii), prior to the commencement of construction works in NUSP-2 subprojects, there are socialization or information dissemination meeting for the potential affected people to be fully informed and consulted about the project, their entitlement and resettlement option. More on this information disclosure will be discussed in Chapter VI. Disclosure, consultation and Participation.
30. As for the basic principles point (iii), the NUSP-2 has developed grievance redress mechanism to receive and facilitate the AP’s concerns, and will be further described in Chapter
VII. The appropriate monitoring will be carried out and the monitoring report would be disclosed.
31. When the project construction activities require a small land acquisition, the project communities or individuals may decide to make voluntary contribution of the affected land and non-land assets. It occurs if the affected land owners did not demand any compensation in return. The land donation shall not cause significant loss to the owner and the owner must be a direct beneficiary of the project. According to the resettlement framework, this shall be acceptable only if the following requirements are in place:
(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.
32. As the NUSP-2 adopts the CDD approach, the specific intervention is identified by the community members themselves during project implementation. So the land owners and any non-titled displaced person are fully consulted through series of kelurahan meeting (Muskel). However, as the process of land provision that may need land donation has been done in an open and transparent manner through the Muskel II and III, the communities are not aware or feel necessary to confirm this voluntary donation through verbal or written record by an independent third party as required in point (iv) of paragraph 28 above (paragraph 30 of RF document). There is no documentation of such confirmation as well due to poor documentation at the community level. The project is considering recruiting an independent individual as the third party to verify verbal or written records of voluntary land donation process. All the process of these land donations have still been partially complied with the RF procedure as set forth in paragraph 29-31 of RF document, and will be improved in the FY 2018 land donation procedures.
33. 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.
34. In NUSP-2 Project, the land donation is based on Community Self-survey (Survey
Kampung Sendiri) from which the community identify the need for infrastructure mentioned in
the Neighborhood Upgrading Action Plan (NUAP) document. The need for piece of land for infrastructure then being identified, discussed and assessed during the Kelurahan Meeting II (Musyawarah Kelurahan/Muskel II) through meaningful consultation. Further, in the Muskel III, the community finalizes and agrees upon the Community Action Plan (CAP), including the land donation and proceed with signing the statement of land donation later on. In fact, these land donations are voluntarily and are some forms of community contribution to the project without any coercion. Allowing for that land donation is less than 10 percent, the impact is also marginal.
35. In total, there are 103 sites of donated land accompanied with the respective donation statements, 25 sites of land completed with respective usage permits, and another 7 sites of land complete with passing permit are handed over for communtiy contract activities and no compensation demanded in return to benefits provided by the project. These sites are dispersed in Bengkulu, Bandar Lampung, Palembang, Sukabumi, Serang, Kapuas, Makassar, Kendari and Bima. These construction activities caused no involuntary resettlement or losing of their productive assets. The description of land donation process recorded in minutes, statement of land donation, list of attendance and photo documentation. As some examples,
Appendix 4, 5, 6, and 7 show the statement of land donation in neighborhoods of Kendari,
Bengkulu and Serang.36. However, the examples show some variety of the donation form which reflecting the interpretation of the community from different location on the basic land donation form/template provided by the project. This variety needs to be uniformed and reflects severely impacts it may cause, as well as all required principles/procedures as set forth in the RF document. Therefore, a new template or form for land donation document has been prepared and provided in the Appendix 8 (Notes and Information on Community Land Affected by NUSP-2 Activities). This form is complimented with the Land Donation Statement ( Appendix 9), and includes some profile of the land owner to indicate that the impacts are marginal (based on percentage of loss and minimum size of remaining assets), and that impacts do not results in displacement of households or cause loss of household’s incomes and livelihood. These two forms would be used unanimously in all land donation document in the remaining NUSP-2 project and subproject. The recapitulation of land handover for community contract in 2017 is provided in Table 8 below.
Table 8. General Progress on Land Handover for Community Contracts
37. In total, there are 3 sites of donated land supplemented with the statement of the respective land donation, and 4 sites of land with usage permits, were handed over for complex civil work activities, and no compensation demanded in return to benefits provided by the project. These sites are dispersed in Bandar Lampung and Kapuas. The construction activities caused no involuntary resettlement or losing of productive assets of the land owners. All the Granted Land m2 Value (IDR) Usage Permit m2 Value (IDR) Passing Permit m2 Value (IDR) I 1 Tanjung Balai 15 - - - - - - - - - 2 Batam 6 - - - - - - - - - 3 Tanjung Jabung Barat 9 - - - - - - - - - 4 Bengkulu 9 17 687 71.102.500 - - - - - - 5 Bandar Lampung 16 - - - 5 42 8.000.000 - - - 6 Palembang 20 1 176 35.200.000 6 259,2 87.520.000 - - - 18 863 106.302.500 11 301 95.520.000 II 1 Pasuruan 8 - - - - - - - - - 2 Semarang 17 - - - - - - - - - 3 Pekalongan 7 - - - - - - - - - 4 Sukabumi 12 39 320,3 71.823.500 - - - - - - 5 Serang 7 2 16 224.000 13 262 27.060.000 - - - 6 Banjarmasin 11 - - - - - - - - - 7 Kapuas 10 4 268 83.500.000 1 24 16.800.000 - - - 8 Palangkaraya 7 - - - - - - - - - 45 604,3 155.547.500 14 286 43.860.000 - - - III 1 Makassar 12 7 394,2 394.200.000 - - - - - - 2 Bone 4 - - - - - - - - - 3 Palopo 9 - - - - - - - - - 4 Kendari 9 5 25 19.750.000 4 - - 7 - - 5 Ambon 6 - - - - - - - - - 6 Bima 9 2 38,4 360.000 - - - - - - 14 457,6 414.310.000 Number of 7 NO CITY/DISRICT Kelurahan LAND PERMISSION STATUS West Region Central Region East Region SUB TOTAL SUB TOTAL SUB TOTAL process of these land donations have been complied with the RF procedure as set forth in paragraph 29-31 of RF document. The description of land donation process recorded in minutes, statement of land donation, list of attendance and photo documentation. Details are provided in Table 9 below.
Table 9. General Progress on Land Handover for Complex Civil Work Packages
Granted Land m2 Value (IDR) Usage Permit m2 Value (IDR) Passing Permit m2 Value (IDR)7 Kapuas
6 Bima 1 - - - - - - - - - SUB TOTAL 6 625 33.900 4 182 57.000.000 Central Region East Region TOTAL West Region Social Document Provided
5 Ambon 2 - - - - - - - - -
4 Kendari 1 - - - - - - - - -
3 Palopo 1 - - - - - - - - -
2 Bone 1 - - - - - - - - -
1 Makassar 4 - - - - - - - - -
III
2 12 6.000.000
2 12 6.000.000 - - - SUB TOTAL 6 624,7 33.900
4 2 548 -
1 1 42,8 - - - - - - -
I
4 Sukabumi
3 Pekalongan 2 - - - - - - - - -
2 3 33,9 33.900 - - - - - -
2 Semarang
1 Pasuruan 2 - - - - - - - - -
II
5 Bandar Lampung 1 - - - 2 170 51.000.000 - - - SUB TOTAL 2 170 51.000.000
4 Bengkulu 1 - - - - - - - - -
3 Tanjung Jabung Barat 2 - - - - - - - - -
2 Batam 1 - - - - - - - - -
1 Tanjung Balai 1 - - - - - - - - -
NO CITY/DISTRICT Number of Kelurahan LAND PERMISSION STATUS
CHAPTER VI. DISCLOSURE, CONSULTATION AND PARTICIPATION
6.1. Disclosure 38. The Due Diligence Report and regular monitoring report are subject to public disclosure.
Therefore, these documents will be made available to public including the affected people and related stakeholders. This Semi Annual Social Monitoring report will be uploaded on the ADB and PWH Ministry websites, as well as on the local Satker’s website. Furthermore, the information about the due diligence report will be summarized in the form of leaflet for dissemination to the affected households and peoples. These information leaflets are being
CONSULTATION AND PARTICIPATION prepared for public dissemination.
6.2. Public Consultation/Information Dissemination Meetings
39. Public consultation is done to provide an opportunity for affected people including landowners who sold their land assets as well as peoples who own land next to the planned construction location. Specifically, the consultation is conducted to establish agreements about land boundaries, land prices, and administrative processes of handover ownership. The statement letter on the compensation payment release of the land right is signed by the two parties (seller and buyer) and the explanation of the release of land rights is also carried out and signed and by local authority (sub district head) and witnessed by at least two persons.
40. Similar condition applies to land donation, full consultations with the land owners and any non-titled displaced persons on site selection is required to make acceptable land donation.The statement letter on release of land right is signed and acknowledge by local authority and witnessed by at least two person.
41. The City Satker (PIUs) of Kapuas District and Pekalongan have conducted meaningful consultations with APs, their communities and other civil society members for every project and subproject identified as having involuntary resettlement impacts. The City Satker paid particular attention to the need of disadvantaged or vulnerable groups, especially those below the poverty line, the landless, the elderly, female headed households, women and children, and those without legal title to land. Unfortunately, the consultation meeting in Kapuas District was poorly documented at this stage. Meanwhile, the consultation meeting in Kelurahan Pasir Keramat Kraton, Pekalongan City, the meeting (Muskel III) was held on 23 March 2017, attended by 16 men and 8 women ( Figure 1). The minutes of this meeting and the list of attendees is provided in Appendix 7 and 8.
42. The public consultation/information dissemination meeting is documented in minutes of meeting, photos and list of attendance. As a sample of such public consultation, here is a picture ( Figure 2) of the meeting in Kelurahan Paccerakang, Makassar City, held on 30-31 March 2017, attended by 12 men and 5 women. This meeting was aimed to analize the requirement of infrastructure and land donation.The minutes of meeting and the list of attendees are provided in Appendix 11 and 12.
Figure 1. Photo Documentation of Kelurahan Meeting (Muskel) III at Pasir Kramat Keraton,
Pekalongan.
Figure 2. Photo Documentation of the Meeting of Analysis of Infrastructure Needs in Kelurahan