Safeguard Policy Issues for Third Urban Poverty Project
Safeguard Policy Issues for Third Urban Poverty Project (a). Environmental Guidelines Introduction As a highly decentralized project and continuation of UPP 2, UPP 3 will support a large number of small subproject investments in poor urban areas. Through the kelurahan grants, the project is expected to provide micro loans for income generating activities, and finance small scale infrastructure and other services (the ceiling for individual sub-projects or micro loans per group is Rp. 30 million or US$3,750). Through the Poverty Alleviation Partnership Grant, the project is expected finance small scale infrastructure and services (the ceiling for individual activities is Rp. 200 million or US$25,000). None of these types of activities is therefore expected to have any large scale, significant or irreversible impacts. Environmental impacts come mostly from poor site management during the project construction activity. The project has been classified as a Bank environmental category B. The menu for the Poverty Alleviation Partnership Grant (PAPG) is open, and kelurahan organizations and local governments will choose the types of activities they want to finance. Even though the activities are not restricted, it is unlikely that OPs regarding natural habitats and cultural property would be applicable. This annex outlines the environmental screening procedures and guidelines to ensure that the relevant OPs are followed should any negative environmental impacts be expected. Indonesia’s environmental review procedure is generally consistent with the Bank’s and will form the framework for UPP 3’s approach to environmental management. Because UPP 3 subprojects will be small, no major adverse impacts are anticipated. However, the project will institute screening, review, and “red-flag” procedures to help ensure that problems are flagged and corrected. Basic Principles The basic environmental principles are: 1.proposals should avoid or minimize negative environmental impacts, and they should have explored viable alternative designs to minimize any negative environmental impact; 2.the proposal should fit into the General Spatial Plan (RUTR) and avoid protected areas so designated by the Ministry of the Environment (see below). 3.Any proposal entailing a negative environmental impact shall be complemented by an environmental plan to mitigate the impact. Environmental Screening Criteria Subprojects will be checked against Government of Indonesia (GOI) screening criteria to ensure that no project would necessitate a full environmental assessment. In an initial screening, the project type, scale, location, sensitivity, and the nature and magnitude of potential impacts, will be identified to classify the proposal in one of 4 categories: 1.those that require ANDAL (full Environmental Assessments) for which the Ministry of Environment has set criteria (see below). These will be eliminated from consideration for UPP 3 financing. 2.those that require environmental management and monitoring plans (UKL and UPL) based on limited but site specific studies. The Ministry of Public Works has set criteria to determine the need for UKL/UPL (see below). It is expected that none of the proposals submitted under either the PAPG or kelurahan grants would fall under this criteria. 3.those for which standard operating procedures (SOP) suffice, where generic good practice would protect the environment adequately. The DG Human Settlements and Urban and Rural Development have SOP guidelines for some types of projects (including measures to control dust, noise and traffic at construction sites; specifications for backfilling and revegetating disturbed areas to prevent erosion; and procedures to control negative impacts at solid waste transfer stations; etc.). It is expected that some sub-projects may fall under this category. 4.those that require no environmental study, where no construction, disturbance of land or water or discharge of pollutants are involved. It is expected that some sub-projects may fall under this category. Government Environmental Screening Criteria (by Decree of the Minister of State for the Environment of the Republic of Indonesia) Sectors and Projects Units ANDAL >/= UKL/UPL < - >/= Water Supply Raw water intake L/s 250 – 250 - 50 Transmission (large towns) km 10 10- 2 Distribution (large towns) ha 500 – 500 - 100 Urban roads New construction: a. Large towns km; or ha 5 5 - 1; or 5 - 2 b. Medium towns Km; or ha 10 10 – 3; or 10 - 5 c. Small towns (villages) km 30 30 - 5 Widening (large towns) km; 5 >= 10 (if land acquisition) Bridges in large towns m - >/= 20 Bridges in small towns m - >/= 60 Wastewater & sanitation IPLT ha 2 – < 2 ha Sewerage system ha 500 – < 500 IPAL ha 3 – < 3 Solid Waste Management Sanitary landfill (TPA) ha; or ton 10000 – < 10; or < 10.000 TPA (in tidal area) ha; or ton 5000 – < 5; or < 5000 Transfer station 1000 – < 1000 Drainage & flood control a. In large towns km 5 — < 5; 5-1 b. In medium towns km 10 – < 10; 2 – 10 c. In small towns (villages) km 25 – > 5 Kampung Improvement Large Towns ha 200 – >= 1 Medium Towns ha >= 2 Upgrading ha 5 –- >= 1 Sources: KEP-17/MENLH/2001 for ANDAL (Concerning Types of Businesses Activities Required to Complete an Environmental Impact Assessment); and KEPMEN PU- 17/KPTS/M/2003 for UKL/UPL (Concerning Decisions on Types of Activities in the Field of Public Works that are Required to Prepare UPL and UKL). Special screening will be applied on the following cases: •Fisheries: Standards from the Fishery Service Agency (Dinas Perikanan) will be applied to all fishery subproject proposals. •Pesticide, ozone-depleting substances, tobacco or tobacco products: No subprojects using or producing these materials will be financed. •Asbestos. No asbestos-containing materials will be financed. Special mitigation measures to address any issues with existing asbestos in any proposed sub-project (e.g. renovation of school buildings that may have used asbestos) will be applied. •Sub-projects that produce liquid or gaseous effluents or emissions. No manufacturing or processing operations will be financed that would produce pollutant-bearing effluents or emissions unless: (a) the operations are small-scale; and (b) the cognizant Bapedalda reviews the design and certifies that it meets applicable water and air pollution control standards. •Hazardous materials and wastes. No sub-project will be financed that uses, produces, stores or transports hazardous materials (toxic, corrosive or explosive) or generates "B3" (hazardous) wastes. •Logging. Sub-projects involving logging operations or procurement of logging equipment will not be financed. •Development on protected areas. The Decree or the Minister of the State for the Environment of the Republic of Indonesia Number KEP-17/MENLH/2001, entitled Concerning the Types of Businesses Activities Required to Complete an Environmental Impact Assessment, prescribes that any business or activity that is located in a protected area or that may change the purpose and/or designation of a protected area shall be required to prepare an ANDAL (see above). This includes: forest protection area; river edges; marine/freshwater conservation areas; nature tourism park; peat areas; areas surrounding lakes and reservoirs; coastal mangrove areas; water catchment areas; national parks; coastal edges; forest parks; cultural reserves; areas surrounding springs; scientific research areas; nature conservation areas; and areas susceptible to natural hazards. No new settlement or expansion of settlements will be supported in protected areas under the project. Where settlements already exist, and if it is the policy of the local government to allow the settlement to remain, proposals for funding under UPP 3 may be used by the existing residents using standard UPP2 procedures and in compliance with any local regulations on land management which are defined by the protected area management plan. No road construction or rehabilitation of any kind will be allowed inside delimited or proposed protected areas. Design specifications including environment management consideration for water supply, MCK, urban roads, TPS, markets and bridges will be applied to UPP 3 in the form of Standard Operating Procedures. Since these types of activities are most likely to be financed under the PAPG, the SOP used by the participating local government will be applied. Environmental Screening Process 1. Kelurahan Grants Community groups (KSMs) will prepare a subproject proposal on a standard format provided by the kelurahan facilitator, signed by the group members. The standard format will include all items identified above that are not eligible for financing as part of the negative list. The proposals will include a description of the activities proposed and compliance with any applicable guidelines on environmental impacts (as well as land/asset aquisition and impact on indigenous people). All proposals will be reviewed by project staff for their feasibility, technical soundness, and compliance with guidelines, before they are considered by the kelurahan organization (BKM). Project staff will specifically screen proposals for any environmental impacts based on the guidelines above which will be included in the project manuals. These will include special screening for all sub-projects involving land and water use changes (i.e. reclamation, irrigation); economic projects with environmental impacts to be sure that alignments, effluent, etc. meet best practice standards. BKMs with the assistance of facilitators will ensure that adequate mitigation measures are taken. The selection of proposals by the BKM for the kelurahan grant shall be made in a meeting publicized in advance and open to the public. 2. Poverty Alleviation Partnership Grant (PAPG) Proposals for the Poverty Alleviation Partnership Grant will be evaluated by a PAPG Selection Committee established by the local government (with the assistance of project staff) consisting of a panel of representatives from the local government, the BKM Forum, and NGOs/universities/private individuals concerned about poverty issues. Sub-project proposals will be prepared on a standard format which will include the negative list. The Selection Committee can seek the help of technical experts from the Oversight Consultant (OC), from other government offices or hire outside experts to carry out technical reviews of proposals if necessary. All proposals will be screened for any environmental impacts based on the guidelines above which will be included in the project manuals, and the OC will be in charge of ensuring that adequate mitigation measures are taken. The process of selection of proposals by the PAPG Selection Committee will be transparent, with clear criteria for selection. Reporting Facilitators and OC staff will aggregate and review environmental reports and flag them in their quarterly reports. The project manual will include a matrix of likely environmental impacts and steps with which to address them. An experienced environmental consultant will be hired to summarize progress, monitor and measure the impact of the project on the environment as part of the performance evaluation of the project. (b). Land Acquisition and Resettlement Policy Framework I.Project Characteristics 1. As a highly decentralized project, UPP3 will support a large number of small sub-project investments, mainly in urban areas. Through the Kelurahan Grants component, the project is expected to provide microloans for income generating activities, and to finance small scale infrastructure and other services (the ceiling for individual sub-projects is US$3,750 or Rp. 30 million). Through the Poverty Alleviation Partnership Grant (PAPG) component, the project is expected to finance small scale infrastructure and services (the ceiling for individual activities is US$25,000 or Rp. 200 million). None of the sub-projects is expected have a significant impact due to land acquisition and/or resettlement. 2. UPP3 is also a community-based demand-driven project. Sub-projects will not be identified in advance. The identification of the number of people affected by a sub-project can thus only be defined once sub-project proposals are evaluated by the community organization (BKM) for the Kelurahan Grants, or by the PAPG Selection Committee for the Poverty Alleviation Partnership Grant. 3.Since participatory planning and decision making form the basis for the project, the entire project approach should guarantee that people affected by the project will be involved in the decision making process. 4.Should any sub-project involve any land acquisition or resettlement, this Policy Framework provides procedures and guidelines for agreeing on compensation for those persons who are affected by the sub-project in order to ensure that they are not unfairly treated by being given low compensation, or benefit unfairly by being given compensation that is significantly higher per square meter than other owners who sell similar nearby land on the free market. II.Definitions 5.The definitions used in this Policy Framework are: a)"Census" means the head count of those persons under a proposed Sub-project that qualify as Displaced Persons. The date of the Census is the latest cut-off point to record the persons in the Sub-project area that will receive compensation, resettlement and/or removal and rehabilitation assistance. b)“Compensation” means the compensation at replacement cost as determined in Section V of this Framework given in exchange for the taking of land and building, in whole or in part, and all fixed assets on the land and buildings and crops and trees. c)“Land acquisition” means an activity that requires obtaining land, buildings or other assets from Displaced Persons for purposes of the sub-project against provision of compensation and assistance. d)“Displaced Persons” means persons who, on account of the involuntary taking of land and other assets as part of the execution of the Sub-project resulting in a direct economic and social adverse impact, whether or not said Displaced Persons must physically relocate, had or would have their: (i) standard of living adversely affected; (ii) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other physical asset acquired or possessed, temporarily or permanently, adversely affected; (iii) access to productive assets adversely affected, temporarily or permanently; or (iv) business, occupation, work or place of residence or habitat adversely affected; and “Displaced Person” means any of the Displaced Persons; e)“Physically Displaced Persons” means persons who are forced to move from their previous location because (i) all or a significant portion (50% or more) of their land or buildings are affected by the sub-project; or (ii) less than 50% of their land or buildings are affected by the sub-project if the remaining portion is not economically viable or habitable. f)“Rehabilitation Assistance” means the provision of cash or assets or other forms of support to enable Displaced Persons without legal rights to the assets taken by the Project to at least equal or improve their standard of living, income levels and production capacity to the level prior to the project. g) “Resettlement” means an effort /activity to relocate the Displaced Persons into a good new settlement as mentioned in section Vb so that they can develop a better life. h) “Involuntary Displacement” means any of the following actions, when they occur without the Displaced Person’s informed consent or power of choice; (a) the taking of land resulting in: (i) relocation or loss of shelter; (ii) lost assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the Displaced Person must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced. i)“Sub-project” means a specific infrastructure investment project carried out with funds from Kelurahan Grant or PAPG components of the project. III. Basic Principles 6.Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall principles for this Framework are the following: a)Sub-project proposals should minimize land and asset acquisition and involuntary displacement. Groups proposing sub-projects should have explored viable alternative designs to minimize displacement. b)The group proposing the sub-project will use a transparent and participatory process to ensure that all Displaced Persons persons agree on any proposed sub-project that involves land acquisition or resettlement c)The group proposing the sub-project will have to agree to incorporate the costs for land acquisition and/or any involuntary resettlement in their sub-project proposals as part of sub-project costs. The compensation costs will be covered through the communities’ own funds or government funds (World Bank Loan proceeds shall not be used to finance compensation). d)In accordance with traditional practice, community members may elect to voluntarily contribute land or assets and/or relocate temporarily or permanently from their land without compensation. Voluntary in this context will mean the donation or granting of land and other assets with the full knowledge of the purposes for which the asset is being made available and the economic, social and legal consequences that such an act would have on the person providing the asset and which act is exercised freely and voluntarily, without any type of cohesion. e)Displaced Persons should be assisted in their efforts to improve their livelihoods and standards of the living or at least to restore them, in real terms, to pre-displacement levels or to the levels prevailing prior to the beginning of the project implementation, whichever is higher. IV. Framework 7.In the event that a sub-project proposal requires any land acquisition, buildings, crops, trees, and/or resettlement, the sub-project proposals have to indicate the need for land acquisition, the number and names of persons affected, and the estimated budget required for compensation. 8.Proposals that would affect 200 persons or more would normally entail long lead times, and are expected to be beyond the scope of the project. In the highly unlikely event that more than 200 persons will be affected and require compensation, the Oversight Consultant will ensure that the proposal is complemented with a full Land Acquisition and Resettlement Action Plan (LARAP). The LARAP will include i) a survey to identify the socio-economic characteristics of the Displaced Persons including a census; ii) a comprehensive plan for the acquisition of land and/or resettlement; and iii) a compensation package in accordance with the compensation guidelines set out in Section V and acceptable to the Displaced Persons and the groups proposing the sub-project (under the PAPG component, this would be the BKMs and a district level local government agency). The sub-project proposal will also indicate the budget source for the required compensation (Bank funds cannot be used for compensation). The OC/NMC shall seek the Bank’s approval of the LARAP and budget, and seek modifications in case the Bank finds they are needed. Further details on the LARAP are provided in the attachment to this annex. 9.For any sub-project that requires resettlement of less than 200 persons, the BKM, supported by the OC staff assisting with proposal preparation, will ensure that the following steps are followed: a)The group proposing the sub-project carries out a Census of the persons that would be affected by the proposed sub-project and that would qualify as Displaced Persons b)The Displaced Persons agree on the sub-project proposal, and have negotiated agreement on either voluntary or compensated contribution with the group proposing the sub-project c)The agreement is made through a participatory and transparent process d)Displaced Persons are made aware that they have the right to compensation and/or other assistance according to the compensation guidelines provided in Section V e)In cases where voluntary contributions of land or assets are indicated, these are clearly agreed with all Displaced Persons; the name(s) of the contributor(s) and details of the contribution(s) are included in the agreement; and these are verified by the Oversight Consultants. f)A simple format on the agreement is incorporated in the sub-project proposal. This agreement should clearly indicate individual land plots needed for land acquisition and/or resettlement, the number and names of the affected persons, scheme of compensation and/or resettlement, and estimated cost for land acquisition and/or resettlement compensation. In the case of voluntary contribution, the agreement should state the rationale for it and the fact that the person had the choice of not providing the asset, and in the case of involuntary contribution, the manner followed for valuation of the assests which must be in compliance with Section V below. g)The agreement should indicate that any compensation will come from the community’s or government’s contribution to the sub-project. It would be possible to use World Bank Loan proceeds to construct small works and initiate employment opportunities for the group members who are to be resettled. This has to be agreed by the group proposing the sub-project and put in the agreement (see assistance guidelines in Section V). However World Bank Loan proceeds can not be used to finance payment of cash compensation or land acquisition. h)The details of the agreement will be verified by the OC/facilitator in charge of the affected communities prior to consideration by the BKM or the PAPG Selection Committee for financing. In the event that no consensus has been reached on the form and amount of compensation, the sub-project will not be considered for financing. i)No Displaced Persons shall have their land or other assets taken before they have received the compensation and the resettlement site, if that is the case, as agreed upon and detailed in the sub-project proposal j)Payment of compensation, displacement of people, or preparation of a resettlement site as agreed upon should be completed before the construction of the respective sub-project is started. k)A monitoring and evaluation system for compensation will be introduced to ensure that Displaced Persons have received their compensation as agreed upon. The monitoring will be undertaken by the Oversight Consultant and will be a full survey or sample survey depending on the number of households affected. A report on the results and recommendations will be published by the OC and disseminated to the community and the NMC V.Guidelines for Compensation, Resettlement and Other Assistance 10. Based on agreements reached during the negotiation, Displaced Persons can choose to receive cash compensation, resettlement, or other options. Other options include serviced sites, land [swap] of equal size or equal productive capacity, low cost housing, apartments, real-estate housing with credit facilities, or other schemes. Among those options, Displaced Persons will be provided the opportunity of having a resettlement site where they do not have to pay more than their present routine expenditure. In all cases, the amount of compensation, resettlement or other options must be sufficient to achieve the objectives of improving or at least maintaining the pre-project level of standard of living, income generation and production capacity of the Displaced Person. a.Compensation 11.Displaced Persons have the right to receive real replacement cost compensation. Real replacement cost means: a)for land in urban areas, the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; b)for agricultural land, the pre-sub-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of land preparation to levels similar to those of affected land, plus the cost of any registration and transfer taxes; and c)for houses and other structures, the market cost of the materials to build a replacement structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors’ fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor the value of benefits to be derived from the sub-project deducted from the valuation of an affected asset. Compensation for trees, crops and other assets will be based on the replacement value using existing market prices per tree prepared by relevant agencies. 12.The extent of the compensation will depend on the tenure situation of the Displaced Person as set out in Section VI. 13.Displaced Persons whose: (i) remaining land and building cannot be used for housing or workplace; or (ii) whose remaining land is less than 60 sq meters; or (iii) whose remaining agricultural land is less than 50% of its initial size or is not economically viable; or (iv) whose remaining building is less than 21 sq meters; have the option of being included as Physically Displaced Persons and compensated for the taking of the affected asset. Displaced Persons whose remaining land is less than 60 sq meters and remaining building is less than 21 sq meters, will have an option to move to a new lot of 60 sq meters and building of 21 sq meters. They will be provided with compensation for the difference in area between what they lost and what is being provided to them. b.Resettlement Sites 14.The resettlement site provided for the Displaced Persons will include infrastructure and public facilities so that it is good for living and enables the development of a good social and economic life, including: (a) road or footpath as necessary; (b) drainage system; (c) water supply (if a piped water distribution network is not available, there should be shallow wells that comply with health standards); (d) electricity; (e) health facility, education facility, work places, religious services, and sport facilities, in accordance with the size of the new community; and (f) public transport facility to perform a good life. 15.The Displaced Persons will move to the new site after the infrastructure and facilities at the resettlement site are completed and feasible to live in as confirmed by the OC and the BKM. The Displaced Persons will be informed of the completion of the resettlement site at least one month before displacement, and they will be invited to survey the new site. The resettlement site would be available prior to the start-up of works under the relevant sub-project. The location reserved for resettlement will be widely publicized so that the general public will be informed. c. Other Assistance 17. Displaced Persons who lose their income sources or means of livelihood as a result of the sub-project will receive assistance to restore it. The types of assistance will be defined by the BKM and local government (in case of the PAPG) and confirmed by the OC. Training and assistance that can be provided include: motivation development; skill and vocational training; assistance to start and develop small businesses; small scale credit; marketing development; assistance during transition period; and strengthening of community based organization and services. In implementing the assistance, care should be taken to harmonize the newly resettled people and the host community in the resettlement area through assistance and integration efforts. The assistance can be linked to existing programs and resources. VI. Eligibility Criteria of Displaced Persons 18. Displaced Persons can be grouped into the following categories: i) those who have legal land certificate, girik, or adat title; ii) those who, under domestic law, have a right to occupy land in a residential, commercial, or industrial zone in the Project area, or occupy land on infrastructure or public facility sites such as rivers, roads, parks or other public facilities in the Project area, but do not hold a certificate or legal title; iii) those who have no right to occupy land in a residential, commercial or industrial zone in the project area or publicly owned land and publicly owned facility sites but who were occupying such land at the time of the Census undertaken or at the time of the pre-feasibility study of the sub-project; iv) those who are renters; v) those whose jobs are lost because of the taking of land; and vi) those who have no right to occupy land in a residential, commercial or industrial zone in the project area, or publicly owned land and publicly owned facility sites and whose occupancy of such land begins after the Census. Compensation will differ according to these groupings. a) Persons with Land Certificate, Girik or Adat Title § Displaced Persons who have land certificate, girik, or adat title will receive compensation for the land, building, and fixed assets. § Displaced Persons who are displaced by the Project can choose to receive cash compensation or the other options as described in paragraph 10 § The lots at the resettlement site will have land title of the same level or higher than they previously had, and the certificate will be issued within 1 year after displacement of the Displaced Persons. § Displaced Persons will receive transport allowance to move their belongings. § Displaced Persons will also receive assistance and training as provided in paragraph 17 b) Persons who under domestic law have recognized rights to occupy land in a residential, commercial or industrial zone in the Project area but who do not hold a Land Certificate or legal documents, as well as those who occupy publicly owned land and publicly owned facility sites under customary rights at the time of the Census: § Displaced Persons will receive compensation for their land, building and fixed assets, as well as for crops and trees at market value § Displaced Persons can choose to receive cash compensation or the other options as described in paragraph 10 § The lots at the new site will have Hak Pakai or a higher land title, and the certificate will be issued within 1 year after the displacement. § Displaced Persons will receive transport allowance to move their belongings. § Displaced Persons will also receive assistance and training as provided in paragraph 17 c) Persons who have no right to occupy land in a residential, commercial or industrial zone in the project area or publicly owned land and publicly owned facility sites in the project area, but who were occupying such land at the time of the Census undertaken or at the time of the pre-feasibility study of the sub-project: § Displaced Persons will receive rehabilitation assistance in any of the forms provided for in paragraph 10 instead of compensation for the land occupied in an amount sufficient to achieve the objectives of this Framework, and compensation at real replacement cost for the building, and fixed assets as well as for crops and trees at market value § Displaced Persons can choose to receive cash compensation or the other options as described in paragraph 10 § The lots at the new site will have Hak Pakai or a higher land title, and the certificate will be issued within 1 year after the displacement. § Displaced Persons will receive transport allowance to move their belongings. § Displaced Persons will also receive assistance and training as provided in paragraph 17 d) Persons who are renters § Displaced Persons who are renters will be assisted with an allowance of six months rent calculated on the basis of average rent levels for similar houses or agricultural land within the same area. § Displaced Persons who are renters will also receive assistance and training and transport allowance to move their belongings e) Persons whose jobs are lost because of the taking of land where they work and gained their income will be assisted with the forms of assistance described in paragraph 17. f) Persons who have no right to occupy land in a residential, commercial or industrial zone in the project area or publicly owned land and publicly owned facility sites and whose occupancy of such land begins after the Census will receive no compensation or rehabilitation assistance for the land or for the structures built and crops planted therein. VII. Consultation and Complaint Resolution 19. This general framework will be included in the Project manuals and guidelines, and OC staff and facilitators trained in its implementation. The overall project approach in enabling transparency and consultation should allow solutions to local problems locally, quickly, and effectively. If any Displaced Persons or other community members have a complaint regarding the framework or its application in practice, the project has an established system of complaint handling at the kelurahan and kota/kabupaten as well as provincial and national levels, with dedicated staff in charge of handling and following up on complaints. Complaints which cannot be solved locally through the BKM complaint system will be referred to the OC, and, if necessary to the NMC and the PMU. However, in the event that the deliberations have been repeatedly conducted over a long period of time, but not exceeding one year, to reach a consensus but no consensus has been reached on the form and amount of compensation, dispute resolution will follow Presidential Decree No. 55 of 1993. The Decree stipulates that after failure to reach agreement with sub-project group, the owner has the right to object to the Governor (see clause 20(1)), who may conduct further negotiations (see clause 20(2)). If the owner is still not satisfied, the governor must refer the case to the Minister of Home Affairs and Minister of Justice (see clause 21 (1) and (2)), for consideration and referral to the President of the Republic of Indonesia for a final decision (see clause 21 (3) and (4)). 20. The progress of implementation of any required land acquisition, resettlement, and assistance will be reported to the Bank regularly by the OC/NMC. If required, an independent reviewer may be retained to carry out external monitoring and evaluation of the implementation of specific LARAPs. Such an agency or agencies will have qualified and experienced staff and terms of reference acceptable to the Bank. Attachment 1 Requirements for a Land Acquisition and Resettlement Action Plan (LARAP) for sub-projects under the Poverty Alleviation Partnership Grant affecting more than 200 persons 1. If a sub-project proposal indicates that more than 200 persons will be affected by the sub-project, the groups proposing the sub-project (BKMs and district level local government agency), assisted by the Oversight Consultant, will be required to conduct a Census and socio-economic survey to: (i) determine the number of persons involved; (ii) to collect data about the social and economic condition of the people, and the physical condition of the Project area; and (iii) to determine the potential impact of the sub-project. 2. The date of this Survey/Census will be the latest cut-off point to record the persons in the sub-project area that will receive compensation, resettlement and/or removal and rehabilitation assistance. 3. The detailed census and socio-economic survey (hereafter referred to as the socio-economic survey) will cover among others: i) the size, condition, legal status of land and buildings (listed in impact groups of 0-25%, 25-50%, 50-75%, 75-100% affected); ii) the number of Displaced Persons and households; iii) relevant social characteristics of the Displaced Persons (age, gender, education, etc) iv) relevant economic characteristics of the Displaced Persons such as livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities); standards of living (including health status) v) the magnitude of the expected loss – total or partial – of assets, and the extent of displacement, physical or economic; and vi) information on vulnerable groups or persons for whom special provisions may have to be made 4. Based on the results of this socio-economic survey, the Oversight Consultant will assist the groups proposing the sub-project to prepare a comprehensive plan on the taking of assets for purposes of the sub-project, and the provision of compensation, resettlement, and rehabilitation assistance for the Displaced Persons in accordance with the principles of this Policy Framework. This will be described in a Land Acquisition and Resettlement Action Plan (LARAP) to be furnished to the Bank for approval. 5. The scope and level of detail of the LARAP will vary with the magnitude and complexity of the resettlement. The plan will be based on up-to-date and reliable information about: (a) the proposed resettlement and its impacts on the Displaced Persons and other adversely affected groups; and (b) the legal issues involved in resettlement. The following list defines the matters that should normally be included LARAP and it should be regarded as general guidance in the preparation of a LARAP. When any matter listed is not relevant to Project circumstances, it should be noted in the resettlement plan: i) Description of Sub-Project Impact and Analyses § Description of the sub-project and identification of the sub-project area. § Identification of: (i) the sub-project component or activities that give rise to resettlement; (ii) the zone of impact of such component or activities; (iii) the alternatives considered to avoid or minimize resettlement; and (iv) the mechanisms established to minimize resettlement, to the extent possible, during implementation. § The main objectives of the resettlement program § The findings of the socioeconomic studies § The findings of an analysis of the legal framework § The findings of an analysis of the institutional framework § The definition of Displaced Persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates ii) Methodologies and Procedures § The methodology to be used in valuing losses to determine their replacement cost; a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve the real replacement cost for lost assets § A description of the strategy for consultation and participation of resettlers and hosts in the design and implementation of the resettlement activities including; a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; a review of the resettlement alternatives presented and the choices made by Displaced Persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property; institutionalized arrangements by which displaced people can communicate their concerns to Project authorities throughout planning and implementation, and measures to ensure that groups such as isolated vulnerable people, the landless, and women are adequately represented. iii) Compensation Package § Description of the packages of compensation and other resettlement measures that will assist each category of eligible Displaced Persons to achieve the objectives of the Policy Framework. Compensation will be calculated based on Section V of the Policy Framework. iv) Alternative Relocation § Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites; § Estimated time needed to acquire and transfer land and ancillary resources; § Any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; § Procedures for physical relocation under the sub-project, including timetables for site preparation and transfer; § Legal arrangements for regularizing tenure and transferring titles to resettlers; § Plans to provide, or to finance resettlers’ provision of housing, infrastructure and social services (which ensure comparable services to host populations); and any necessary site development, engineering, and architectural designs for these facilities § A description of the boundaries of the relocation area; and assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). § Measures to mitigate the impact of resettlement on any host communities. v) Implementation of resettlement § The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services. § An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. vi) Costs § Detailed cost of the full compensation package, resettlement costs and all associated implementation costs § Identification of sources of financing (Bank funds cannot be used to finance cash compensation or land acquisition.) vii) Monitoring and grievance procedures § Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank. § Description of grievance procedures 6. There will be regular consultations with all Displaced Persons, and all other stakeholders including non-governmental organizations throughout the design and implementation of the LARAP. 7. The LARAP described above will be prepared jointly by the BKM(s) and local government agenc(ies) proposing the sub-project, with the assistance of the Oversight Consultants and will thereafter be provided to the Bank through the OC/NMC for approval. Once Bank approval is obtained, it will be issued as a Decree of the head of the district level local government (the Bupati or Walikota). Once the Decree has been issued, it will be disseminated by the OC and relevant government offices to the Project Affect Persons. 8. Issuance of approval for contract signing for a sub-project that requires a LARAP will be considered by the Bank after receipt of a progress report from the OC/NMC that indicates substantial implementation of the LARAP, including acquisition of all land in critical locations. 9. The LARAP, including all its maps and annexes, will be publicly displayed at the NMC and relevant OC office, c. Framework for Treatment of Indigenous or Isolated, Vulnerable Peoples Objectives The design of this project is structured to ensure the participation and inclusion of various groups within communities in local level decision making over resource allocation. However, the project recognizes that Indigenous or Isolated, Vulnerable People form a particular group that merit a different approach and specific support. Therefore, in accordance with OD 4.20 the following framework for addressing indigenous or isolated and vulnerable people will be adopted for the project. The objectives of this framework are to: Ensure that isolated and vulnerable isolated and vulnerable people benefit from the project; and Avoid or minimize potentially adverse effects of the project on isolated and vulnerable people. Definition “Isolated vulnerable people” is the term used officially by the Indonesian Government to described groups that have the characteristic of “indigenous people” as used in OD 4.20. This document will hereafter used the term “isolated vulnerable peoples”. For the purposes of this project, isolated and vulnerable groups are defined as those that present varying degrees of the following characteristics: 1. a close attachment to ancestral territories and to the natural resources in these areas; 2. self-identification and identification by others as members of a distinct cultural group; 3. an isolated and vulnerable language, different from the common regional language (e.g. Javanese); 4. the presence of customary social and political institutions; and 5. primarily subsistence-oriented production Guidelines Isolated and vulnerable people are not prevalent in all the project sites—they are likely to be found in particular kota/kabupaten of particular provinces. The following steps will be taken to ensure that, where isolated and vulnerable groups exist, the project caters to their specific needs. 1. During the facilitator training, facilitators will be trained in the identification of isolated and vulnerable people. Through the Community Self Survey exercise and poverty reflections, facilitators will identify the presence and numbers of isolated and vulnerable groups in the community and report this to the OCs. 2. For the areas where isolated and vulnerable groups are identified, OCs will organize an orientation training for relevant facilitators in how to work with isolated and vulnerable groups in a useful way to identify mechanisms for effective participation, and address specific challenges in working with such groups, for example, how to deal with groups that may be in conflict with the larger community, etc. 3. Since facilitators will be hired locally to the extent possible, they are expected to be familiar with such groups. They will also be rotated as necessary to ensure that those that have been trained in working with isolated and vulnerable groups, or have specific skills that would be beneficial in working with such groups, are made available in the right places. Management of facilitators will be handled by the OCs. 4. Where isolated and vulnerable groups are identified, efforts will be made to ensure that at least one Community Cadre is from the group and able to communicate easily with the group. 5. Where the isolated and vulnerable group speaks a language different from Bahasa Indonesia, relevant brochures and documents will be translated in the appropriate language. Provision has been made in the project budget to allow for additional translations of relevant project documents. These steps will be aimed at ensuring that isolated and vulnerable people participate fully in the project, are aware of their rights and responsibilities, and are able to voice their needs during the Community Self Survey exercise and in the formulation of the Community Development Plan. In addition, they will be encouraged to submit sub-project proposals that cater to their group’s needs. Monitoring and Grievance Procedures The Terms of References for the OC and NMC include the responsibility for monitoring the treatment of isolated and vulnerable people in the project. Where isolated and vulnerable people are identified, the OCs will be required to report on their participation in the project. Provisions will be made in the MIS system to monitor the involvement of isolated and vulnerable people. This will be followed by the NMC as well as monitored during supervision missions. The project has a complaint system that allows community members to raise issues or complaints at various levels—at the kelurahan level, at the OC level (either at kota/kabupaten or province level), and at the national level. There are designated staff at the OC and NMC responsible for following up on complaints and ensuring that they are handled adequately. Where isolated and vulnerable people are concerned, the facilitator/OC will ensure that grievance redress mechanisms are developed in culturally appropriate ways in close collaboration with the relevant group. Project evaluation studies will include monitoring and evaluation of the impact of the project on isolated and vulnerable people.