Updated Land Acquisition Resettlement Plan Project Number: 52316-001 Loan 3793-INO November 2021

Indonesia: Emergency Assistance for Rehabilitation and Reconstruction (Component 1: Public Works Infrastructure) Coastal Protection Subproject - Watusampu Prepared by: Directorate General of Water Resources, Ministry of Public Works and Housing for the Asian Development Bank.

CURRENCY EQUIVALENTS

(as of November 2021)

Currency unit – Indonesian rupiah (IDR) IDR1.00 = $ 0,000070 $1.00 = IDR14,235

ABBREVIATIONS

ADB – Asian Development Bank AHs – Affected households APs – Affected persons

BAPPEDA –

Badan Perencanaan Pembangunan Daerah (Provincial/District Planning Agency)

CPMU – Central Project Management Unit DED – Detailed Engineering Design DGWR – Directorate General of Water Resources DMS – Detailed Measurement Survey EA – Executing Agency GoI – Government of Indonesia GRM – Grievance Redress Mechanism IA – Implementing Agency IP – Indigenous Peoples IR – Involuntary Resettlement LARP – Land Acquisition and Resettlement Plan PIB – Public Information Booklet PIU – Project Implementation Unit PMC – Project Management Consultant PMSC – Project Management and Supervision Consultant S3RBO - Sulawesi III River Basin Organization SES – Socio-economic Survey

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.

DEFINITION OF TERMS

Affected Person (AP) – Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement. In the case of affected households (AH), it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project.

Compensation – This is payment given in cash or in-kind to AP at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project.

Detailed Measurement Survey (DMS)

– With the use of approved detailed engineering drawings, this activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of APs done during the preparation of this resettlement plan (LARP). The final cost of resettlement will be determined after the DMS.

Entitlement – Refers to a range of measures, such as compensation in cash or in kind, income restoration support, transfer assistance, livelihood substitution, relocation support, etc., which are provided to the APs depending on the type and severity of their losses to restore their economic and social base.

Involuntary Resettlement

– It is the displacement of people, not of their own volition but involuntarily, from their homes, assets, sources of income, and livelihood from the site identified for the Project.

Land Acquisition and Resettlement Plan (LARP)

– A time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation.

Replacement Cost – Means the amount in cash or in kind needed to replace an asset in its existing condition, without deduction of transaction costs or depreciation and remaining values of salvageable materials, at prevailing market value, or its nearest equivalent, at the time of compensation payment.

Severely Affected Households”

- This refers to APs who will (i) lose 10% or more of their total productive assets, (ii) have to relocate, and/or (iii) lose 10% or more of their total income sources due to the project

Vulnerable Groups - These are distinct groups of people who might suffer more or face the risk of being further marginalized due to the subproject and specifically include: i) households that are headed by women, ii) household heads with disabilities, iii) households falling under the Local poverty line, iv) elderly household heads, v) landless, vi) people without legal title to land (non-land rights holders), vii) indigenous people or customary communities.1

1 This definition is in line with Law No. 39/1999 (Article 5 elucidation) on Human Rights. Vulnerable populations include the

elderly, children, the poor, pregnant women and people with disabilities.

TABLE OF CONTENTS

ABBREVIATION DEFINITION OF TERMS EXECUTIVE SUMMARY....................................................................................................... 1 I. PROJECT AND ACTIVITY DESCRIPTION .................................................................... 2

A. Background and Subproject Description .............................................................. 2 B. Actions Taken to Minimize Resettlement Impacts ................................................ 2

II. SCOPE LAND ACQUISITION AND RESETTLEMENT IMPACT AND AH PROFILE .... 3 A. Methodology ........................................................................................................ 3 B. Scope resettlement impact and AH Profile .......................................................... 3 C. Historical status of land belong to Indonesian Navy Base-TNI AL ....................... 4

III. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE.................... 5 A. Consultation ........................................................................................................ 5 B. Disclosure ........................................................................................................... 6

IV. LEGAL FRAMEWORK .................................................................................................. 7 A. National Laws on Land Acquisition and Resettlement ......................................... 7 B. Asian Development Bank (ADB) Policy ............................................................... 7 C. Gap Analysis ....................................................................................................... 7 D. Social Safeguards Policy Principles ..................................................................... 8

V. GRIEVANCE REDRESS MECHANISMS....................................................................... 9 VI. ENTITLEMENTS, ASSISTANCE AND BENEFIT ........................................................ 10

A. Eligibility ............................................................................................................ 10 B. Entitlement Matrix .............................................................................................. 10

VII. RESETTLEMENT BUDGET AND IMPLEMENTATION SCHEDULE ........................... 11 A. Resettlement Budget ......................................................................................... 11 B. LARP Implementation Schedule ........................................................................ 11

VIII. INSTITUTIONAL ARRAGEMENT................................................................................ 12 IX. MONITORING AND REPORTING ............................................................................... 13

LIST OF TABLES

Table 1. Status of Land for Watusampu Revetment Works ................................................... 3 Table 2. Detailed Information of The Indonesian Navy Land ................................................. 4 Table 3. Summary Consultations during Preparation of LARP Watusampu Works ............... 5 Table 4. Consultation Plan During Construction .................................................................... 6 Table 5. Entitlement Matrix ................................................................................................. 10 Table 6. Estimation Cost of Rebuilding Affected Structure .................................................. 11 Table 7. LARP Implementation Schedule ............................................................................ 11

LIST OF APPENDICES

Appendix 1. Location of Watusampu Revertment Works ..................................................... 14 Appendix 2. Map of Affected Asset Based on Preliminary and Final Design ....................... 15 Appendix 3. Indonesian Navy Base Commander Letter to S3RBO requested Development of Watusampu Revertment Works .......................................................................................... 17 Appendix 4. Indigenous Peoples Impact Screening Checklist ............................................. 19 Appendix 5. Copy Certificates of the Indonesian Navy Land ............................................... 21

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EXECUTIVE SUMMARY

1. Project Description. One of the subprojects under the Emergency Assistance for Rehabilitation and Reconstruction (EARR) financed by the Asian Development Bank (ADB) through Loan 3793 is the the rehabilitation of coastal protection to prevent coastal erosion and tidal flooding. The construction of the coastal protection embankment based on its original design consisted of the construction of a 7-km long coastal embankment and boat mooring facilities for fisherfolks communities along the Palu coast. Following commencement of the subproject, the need for adjustments its design was recognized including the need for the construction of a 750 m long embankment in the Watusampu neighborhood. The subproject is implemented by the Sulawesi III River Basin Organization (S3RBO) of the Ministry of Public Works and Housing (MPWH). 2. Scope of resettlement Impacts and Entitlement. Based on the final engineering design, the construction of the 750 m long embankment will be carried out on land owned by the Indonesian Navy and Palu City Government. No private land will be acquired but there is one secondary structure owned by 1 affected household (AH)/4 affected persons (APs). Compensation will be provided by the rebuilding of the affected structure as per previous condition or better based on the agreement with the AH. The AH is considered a vulnerable household (the head of the AH is elderly) but having strong economic capabilities. The impact on the AH is therefore minor. The Navy base land was granted as Utilization-Right Certificate for a total of 14,559 m2, valid for unlimitation time as long it is still used by the Navy base. 3. Consultation and Disclosure. During the preparation of the land acquisition and resettlement plan (LARP), seven consultation meetings were conducted with a total 89 of participants (22.5% of them were women), consisting of APs, village leaders, S3RBO, and local authorities of Palu City. A grievance redress mechanism (GRM) will be established and disclosed to APs. 4. Institutional Arrangements. The MPWH established a Central Project Implementation Management Unit (CPMU) which is assisted by the Social Safeguard Specialist of the Project Management Consultant (PMC) to consolidate activities and reporting from S3RBO as the implementation unit. The S3RBO is supported by the Project Management and Supervision Consultant (PMSC) team which also includes a Social Safeguards Specialist and will be responsible for monitoring LARP implementation and preparing corrective actions if needed. 5. Monitoring and Reporting. The CPMU with the assistance of the PMC prepares semi-annual monitoring reports covering all social safeguards-related activities during EARR implementation, including those related to the subject LARP. In addition, the CPMU reports on the progress of social safeguards-related activities in the EARR quarterly progress reports.

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I. PROJECT AND ACTIVITY DESCRIPTION A. Background and Subproject Description

1. The Government of Indonesia requested the Asian Development Bank (ADB) two loans in the amount of $297.75 million for the Emergency Assistance for Rehabilitation and Reconstruction (EARR), which supports the government in rebuilding infrastructure damaged by devastating disaster events in Central Sulawesi in September 2018. The loans were approved on 26 June 2019 and became effective on 8 November 2019. EARR is supporting the Government of Indonesia in building back better critical infrastructure damaged by the devastating natural disasters occurred in Central Sulawesi Province in September 2018 throuh the Loan 3793. The loan finances two EARR outputs, the Ministry of Public Works and Housing (MPWH) is the executing agency for the two outputs, where the rehabilitation of coastal protection to prevent coastal erosion and tidal flooding is one of the constructions under the output 2. 2. The construction of Coastal Protection will have positive social benefits and contribute to reducing the risk of natural disasters for local communities. Rebuilding of the Coastal Protection can hold back water that overflows on land at high tide and prevent abrasion in the coastal area. 3. The construction of the coastal protection embankment based on its original design consisted of the construction of a 7-km long coastal embankment and boat mooring facilities for the fisherfolk communities along the Palu coast. Following the commencement of the subproject in January 2020, the need for adjustments in its design was recognized in response to: inputs from fisherfolk communities regarding the design of the boat mooring facilities; the need for additional coastal protection for Tondo neighborhood and the need for providing coastal protection for the navy complex at Watusampu. Following the Tsunami disaster in 2018, coastal abrasion is threatening the the Navy complex (known as MAKOLANAL) in the Watusampu neighborhood (Ulujadi Subdistrict) and therefore a a 750 long revetment is planned to provide protection against the abrasion. The location of Watusampu revetment works can be seen in Appendix 1. 4. An updated LARP Coastal Protection (Tondo-Talise) has been approved by ADB in September 2021 reflected the adjustment of redesign boat mooring facilities and additional embankment for Tondo neighborhood. Because the Watusampu revetmentt scope is not included in the Updated LARP of Tondo-Talise, therefore a new LARP for Watusampu is prepared. The first stages construction will be done along 93 m of embankment located infront of Navy Base office. The second stage will be done for the remaining embankment B. Actions Taken to Minimize Resettlement Impacts

5. Based on the preliminary design, the construction of 750 m long embankment at Watusampu neighborhood will require 18,750 m2 of land which 18 m2 (3 plots) are private land owned by 3 AHs/10 APs. Accomodating recommendation from the discussion between Palu City land office and S3RBO, the DED consultant carried out a design review to minimize involuntary resettlement impact. by moving the Watusampu embankment slightly towards the sea. Assessment carried out following the final detailed design indicated that construction of the 750 m long embankment is located on the Indonesian Navy’s land and Palu City Government land. No private land will be acquired but there is one secondary structure/terrace (12 m2) owned by 1 AH/4 APs on the Palu City government land that will be affected. Appendix 2 shows the initial design of Watusampu revetment works and the final design.

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II. SCOPE LAND ACQUISITION AND RESETTLEMENT IMPACT AND

AH PROFILE 6. This LARP is prepared based on the final design for Watusampu revertment work and therefore no update of LARP will be required. Revertment of Watusampu works was proposed incorporated proposal submitted by Head of Watusampu Village on behalf of community and Indonesian Navy Base trough the Indonesian Navy Base Commander Letter to Head of S3RBO. The Letter dated 28 October 2020 is requested development of coastal embankment, while the Letter dated 8 March 2021 requested the development of Navy dock area (see Appendix 3.). The S3RBO will coordinate with the Palu City Government, to get permission for the development the embankment section on the local government land, including getting reclamation permits. No IP was triggered by this revetment works (see the IP screening in Appendix 4). A. Methodology 7. The DMS was carried out on 15 September 2021 in parallel with the Socio-Economic Survey (SES). In addition to the DMS-SES survey, consultations with Bappeda, Naval Base, and head of village were conducted in March-July 2021 to discuss design optimization and collect information on the Navy Base historical land. B. Scope resettlement impact and AH Profile

8. Scope of resettlement impact. According to the final engineering design, all of the 750 m long embankment will be carried out on the Indonesian Navy’s land and Palu City Government land. No private land will be acquired but there is one secondary structure, i.e. permanent of house terrace (12 m2) owned by 1 AH/4 APs , his name is Rully A. Lamadjido SH. The affected house is “a vacation house” but it never been used since earthquake 2018.

Table 1. Status of Land for Watusampu Revetment Works

No Station Land Status and IR tigger

1. Sta 0+00 – 0+300 and Sta 0+550- 0+750

Construction in the Palu City Local Governmen land, no land acquisition is required, one secondary structure owned by 1 AH/APs identified in Sta 0+250 – 0+25.

2. Sta 0+300 – Sta 0+550 Construction in the Indonesian Navy’s land, land acquisition is not required and no private properties was identified.

9. AH Profile. The AH head is from Kaili ethnic (the majority ethnic in Palu) and he is elderly (67 years). He is a former Mayor of Palu City (1995-2000) and the Vice Governor of Central Sulawesi (2001 – 2006). Currently he manages one gas station with average monthly income more than IDR 15 million, which is much higher than poverty threshold of Palu City (IDR522,444 per capita or IDR 2,612,220 per household

per month). He aware that part of his structure is located on the Palu City LG’s land and agrees the affected structure will be repaired by the contractor. 10. Severely and Vulnerable household. As indicated in para 9 above, the AH is categorized as vulnerable because he is elderly. The affected structure is a secondary structure (12 m2 out of 18,750 m2), no AH is severely AH.

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C. Historical status of land belong to Indonesian Navy Base-TNI AL

11. As shown in Table 1 above that land required for the Watusampu revertment works along 250 m at Sta 0+300 – 0+550 is owned Indonesia Navy Base. The Letter of the Commander of Indonesian Navy Base dated 8 March 2021 confirmed that the land granted as Utilization-Right Certificate (Sertipikat Hak Pakai) for total 14,559 m2 (see detailed in Table 2 below). The certificate is valid for unlimitation time (as long it still use by the Navy Base). The copy of all certificates can be seen in Appendix 5.

Table 2. Detailed Information of The Indonesian Navy Land

No certificate Issued Date Total Area Certificate Status

SHP No.1 No data 4,500 m2 Utilization right on behalf of Indonesian Navy Base 19.05.02.14.4.00001 27 Oct 2010 4,654 m2

19.05.02.14.4.00003 29 March 2016 3,400 m2 Utilization right on behalf of Palu City local government, grant granted to Navy Base

19.05.02.14.4.00006 29 January 2018 1,197 m2 Utilization right on behalf on the Ministry of Defense of Republic Indonesia

19.05.02.14.4.00007 29 January 20218 436 m2

19.05.02.14.4.00008 29 January 20218 372 m2

Total 14,559 m2

Source : the Letter of Navy Base Commander dated 8 March 2021

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III. CONSULTATION, PARTICIPATION AND INFORMATION DISCLOSURE A. Consultation

12. The Indonesian legal framework and ADB's SPS and Public Communications Policy emphasizes the application of meaningful consultation and participation of APs and communities in development projects. Meaningful consultations will be carried out with the entitled parties/APs including vulnerable groups to ensure participation from planning up to implementation. Particular attention will be provided to the needs of vulnerable group and ensure their participation. 13. Consultation during preparation. During preparation of the LARP, a series of consultation meetings were conducted with the participation of APs, village leaders, S3RBO and local authorities by Palu City from 6 March to 15 September 2021. Part of consultations of during Updated LARP Tondo Talise also participated by community surrounding Watusampu Village. Total seven consultation meetings were held with a total of 89 participants including 20 women (22.5.%) and 69 men (77.5.%). A summary of the consultation meetings and indepth during LARP preparation is presented in Table 3. The information which was disclosed to and consulted with the meeting participants included the optimization design to minimize resettlement impact; entitlements on compensation, and tentative implementation arrangement.

Table 3. Summary Consultations during Preparation of LARP Watusampu Works

No Date Venue Agenda Participants Discussion

1 6 March 2021

Naval Base Office

Coordination meeting on Watusampu revetment plan and design

• S3RBO • CS01 Consultant • The Naval

Commander and staff

• Affected resident • Total participants:8

all are men.

• Dissemination of initial design and feedback

• Informed plan of Detailed Measurement Survey (DMS) by Consultant CS01 in consultation with the Land Office of Palu City as well as checking land ownership

2 19 April 2021

Palu Mayor Office

Public consultation to inform land acquisition of Tondo and Talise (also attended by potential Ahs of Watusampu works)

• Affected households

• Community leader, Watusampu, Tondo and Talise Head of Village

• Palu City Legislative

• Central Sulawesi Province Land Office

• Bappeda Palu City LG

• S3RBO • 48 participants (M :

40; F : 8)

• Revision of design for the embankment

• DMS by Central Sulawesi Provincial Land Office result

• Valuation of compensation by independent appraisal

• he procedure of land acquistion and indicative schedule

• Acceleration payment of compensation requested by Ahs

• Informed potentially impact of Watusampu works based on preliminary design

3 20 July 2021

AHs houses

Door to door consultations

• AHs, CS 01 Consultations and S3RBO

• Participants : 10 (M: 4; F : 6)

• Socio economic survey • AHs opinion if the land is

affected

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No Date Venue Agenda Participants Discussion

4 8 August 2021

Bappeda Office

Coordination meeting discussed on the design optimization

• CS01 Consultant • Bappeda Secretary • PMSC Consultant. • Participants : 6 all

are men

• DMS result based on initial design

• Possibility optimization of design to minimize impact to private asset.

5 8 August 2021

AH Office (Rully Lamadjido Office)

Consultation on the affected secondary asset

• CS01 Consultant • Rully Lamadjido,

SH • Participants : 3 all

men

• Informed on the affected assets and AH perception

6 10 August 2021

Village Head Office

Informed the the final design and affected asset

• CS01 Consultant • Watusampu Village

Head • Participants : 7 (M :

5; F: 2)

• Informed the Head of Village on the affected asset according to the final design

7 15 Sept 2021

Ahs House Door to door consultations

• Ahs head • CS 01 Consultant • Participants :7 (M :

3; F : 4)

• Informed about design revision

• Measurement of assets according to the design revision.

• Informed the DMS result

14. S3RBO will continue the consultations during construction which will include, but not limited to the following

Table 4. Consultation Plan During Construction

No Topic/Agenda Method/ Venue

Participants*) Timeline Responsibilty

1 Consultation on the willingness to sell

Door to door consultation at AH’s house

• AH’s head and wife

• S3RBO/PMSC • The Contractor

Before construction started in the area with affected secondary structure

S3RBO assisted by PMSC

3 Consultation before and during construction

Community Leader house

• Community surrounding

• Contractor • S3RBO

• Before construction start

• During construction

The contractor S3RBO

B. Disclosure

15. The LARP document will be prepared I a timely manner. The summary of LARP Watusampu works will be included in the updated PIB of the Coastal Protection Tondo Talise subproject and will be disseminated to APs and other relevant stakeholders. The approved LARP will be posted on the ADB website and DGWR and/or S3RBO. The CPMU supported by the PMC will include the implementation of LARP in the overall EARR semi-annual social monitoring reports to be submitted to ADB. The semi-annual monitoring reports are posted on ADB and DGWR and/or S3RBO websites as well.

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IV. LEGAL FRAMEWORK A. National Laws on Land Acquisition and Resettlement

16. Involuntary Resettlement. Act No. 2/2012 on Land Acquisition for the Development for the Public Interest and its implementing regulations is the main regulation applied for the project land acquisition. The Law provides a clear procedure and time frame which will accelerate the process of land acquisition. The government should undertake land acquisition by involving all entitled holders (pihak yang berhak) and concerned entities. The entitled parties shall be those who control or own the object of the land acquisition, inter alia: a. the holders of land rights; b. the holders of land rights to manage; c. nadzir for the waqf2 land;

d. the owners of former customary

rights secured land; e. customary communities; f. the parties occupying the state land in good faith; g. land tenure holders; and/or h. the owners of buildings, plants or other objects related to the land. Land acquisition should be conducted by providing fair and adequate compensation to the entitled parties.

17. New law and regulations were issued by Government in 2020, i.e Law No. 11/2021 on Job Creation and Government Regulation No. 19/2021 on the Implementation of Land Acquisition for Development for Public Interest. This provisions of government regulation replaces Presidential Regulation No. 71/2012 and its four amandments. The new law and regulation are : (i) add six types of activities/business that included in the development or the public interest where this law are applied, (ii). stated that release permits for lands with special characteristics affected by the project (sustainable agri-food land, Forest-lab, Village Treasury, Waqf-land, State Owned-Land) are finalized before issuing the Location Determination, (iii). involvement of Land Office (Kantor Agraria Tata Ruang/Badan Pertanahan Nasional-K ATR/BPN) during planning stage, and (iv) land acquisition for the public interest is carried out by providing appropriate and fair compensation, and emphasized that the results of the assessment are final and binding. Independent appraisals are involved in the negotiation with AHs/APs to get a compensation agreement.

18. Indonesia Valuation Standards 204 (SPI 2014) provides guidelines for assessment of land acquisition object for compensation in land acquisition for development in the public interest. Assessment includes adequate replacement value of property and land.

B. Asian Development Bank (ADB) Policy

19. Involuntary Resettlement. The objectives of the ADB safeguards policy are to avoid involuntary resettlement whenever possible; to minimize involuntary resettlement by exploring project and design alternatives; and to enhance, or at least restore, the livelihoods of all displaced and vulnerable persons in real terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups. For more on this, see the Resettlement Customary Community Development Framework (RCCDF) for EARR 2019) and or Updated LARP Tondo Talise.

C. Gap Analysis

20. There are still some gaps between the new Land Acquisition Law of Indonesia with the ADB SPS but some gaps have been bridged by the provisions of other relevant laws. The key remaining gap includes (i). emphasize intention to avoid or minimize involuntary resettlement whereever possible, (ii) attention of gender and vulnerable groups in consultations; (iii). the provision of livelihood recovery programs

2 Waqf - an inalienable religious endowment in Islamic law, typically donating a building or plot of land or even cash for Muslim religious or charitable purposes. The donated assets are held by a charitable trust or waqf organizer.

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for severely affecte people and vulnerable groups to ensure that their lives will not be worse due to project, (iv). relocation assistance for physically displaced residents, (v). transition alowance, (vi). assistance for non-land right holders (squatters); (vii). compensation payment prior to physical displacement for emergency; and (viii).monitoring of resettlement impact and disclosure repors. This gap will be adressed trough this LARP.

D. Social Safeguards Policy Principles

21. The EARR shall, under the aegis of EAs, uphold legal provisions of the GoI in according with ADB-SPS 2009 safeguard requirements. Based on the above legal framework and equivalence-gap analysis, the resettlement policy principles for the EARR will be apply, can be seen in the EARR RCCDF 2019 and or Update LARP Tondo Talise.

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V. GRIEVANCE REDRESS MECHANISMS

22. The Grievance Redress Mechanism (GRM) is a systematic process for receiving, evaluating, and handling project-related complaints from communities affected and / or other stakeholders. The GRM must be accessible to various members of society and in a language that is understood, including by vulnerable groups such as women and minorities. The protection and confidentiality of complainants must be guaranteed and respected if they are deemed important. The PIU, i.e., the S3RBO, will announce telephone numbers, addresses, email addresses that can be contacted regarding public complaints. This will be included in the Update PIB which will be disseminated to the affected households and other relevant stakeholders. S3RBO has established a Public Complaints Officer (PCO) who will handle or facilitate the handling of public complaints. 23. In principle, objection to any aspect of the development of coastal embankment will be addressed through consultations to reach an agreement and settlement and sought to be resolved as much as possible at the sub-project level. Relevant institutions, such as the S3RBO, provincial / district / city, subdistricts and villages governments will be involved as required in addressing the objections. PCO assisted by PMSC will record all complaints, investigations, and further actions and report monthly to S3RBO. A summary report on PCO operations and a complaint log will be included in the social safeguards semiannual social monitoring report to EA's CPMU, and EA submits it to ADB 24. Grievance related to other aspects of the project will be addressed according to the following procedure:

I. The first stage. The community / person who is aggrieved can file any complaints related to construction either directly to the Contractor/S3RBO or village head who will submit it to the contractor/S3RBO to seek a settlement. At the first level, the complaint will be resolved by the contractor; if it cannot be resolved, the contractor will report to the S3RBO Commitment Making Officer (PPK) staff and will coordinate with the village government or community leader. At this first level, complaints must be resolved within a maximum of 2 days. Complaints relating to disruption of business will be resolved by S3RBO.

II. Second stage. If the complaint cannot be resolved, the aggrieved person can submit a complaint to the PCO S3RBO who is assigned to resolve the complaint. The PCO must maintain a documented record of each complaint and investigate the complaint, assess its appropriateness, and identify a solution. A clear answer is received by the complainant within 5 days. If necessary, PCO through S3RBO instructs the Contractor to take corrective action. PCO will carry out monitoring of the Contractor's response to complaints. PCO also works closely with supervisors and consultants

III. If the aggrieved entitled partiy is not satisfied with the decision or handling of the complaint, he/she may bring the grievance, either in writing or verbally to the Mayor within a period of 14 days from the issuance of the decision.

IV. The Mayor will decide on the complaint within a period of 30 days by requesting for opinions from (i). The aggrieved enttled party, (ii). S3RBO, (iii) other relevant stakeholders.

V. If the aggrieved AP is not satisfied with the action taken by Mayor on the complaint, she/he may file the complaint to the court for final adjudication.

LARP REPORT COASTAL PROTECTION-PALU

WATUSAMPU SECTION

VI. ENTITLEMENTS, ASSISTANCE AND BENEFIT

A. Eligibility

25. The cut-off date sets the time limits to determine eligibility of persons living and/or with assets or interests inside the project areas. Should they be adversely affected, they will be entitled to compensation for their affected assets, including rehabilitation measures as needed, sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-of-date for Watusampu revetment works was set of the DMS offered out by the DED Consultant, i.e., 15 September 2021. AP has been informed of the cut-off date for the subproject. Any people using or occupying the subproject area after the cut-off date will not be entitled to compensation and assistance.

26. Considering the AH head is a former government official, has strong economic capabilities, and the impact of his property is very minor, he may not be provided with a livelihood restoration program.

B. Entitlement Matrix

27. The AP will provide the entitlements according to the specifications set out in Table 5.

Table 5. Entitlement Matrix

No Type of Loss/Impact Entitled Person Entitlements Implementation Issues

A.Loss of Structure

1 Loss of secondary buildings (house terrace)

Owners of affected structures, regardless of ownership

- Rebuilding the affected secondary structure by the contractor as per previous condition or better in agreement with the affected owner.

- APs will be given a notice of site clearance 30 days in advance.

B.Temporary or Permanent Impacts During Construction

1a.

Temporary or permanent impacts due to construction activities

For those who have formal legal rights (certificates) or those whose claims to their land are recognized as full rights

- Payment of rent for land affected by the contractor based on applicable rental fees and agreements with landowners.

- For productive land, the rental fee will not be less than the net income that will be generated from affected productive land;

- Compensation for affected non-land assets including structures, crops/ trees and loss of business income at replacement cost;

- The land will be returned to pre-subproject condition or even better.

- 30-60 days in the advance notice given to landowners prior to temporary use by the contractor.

- This provision has been covered under thecontract/ agreement with the Civil Works Contractor

1b.

Those who do not have legal rights and entitlements that can be recognized as full ownership

- There are no land rental costs during the period of impact

- The land will be restored as it was before the subproject, or even better.

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VII. RESETTLEMENT BUDGET AND IMPLEMENTATION SCHEDULE

A. Resettlement Budget 28. The cost of resettlement (i.e., rebuilding of affected secondary structure) will be borne by the S3RBO through the professional sum included in the Contractor’s contract. The Central Project Management Unit (CPMU) assisted by PMSC will ensure that adequate funds are made available as and timely implementation of this LARP. 29. The estimated cost of rebuilding affected structure calculated based on replacement value of the structure is estimated based on calculation based on Palu City material unit price 2020 i.e IDR 2,000,000 per m2 or total is IDR 24,000,000 or USD 1,684.

Table 6. Estimation Cost of Rebuilding Affected Structure

No. Name of AHs No of APs

Building Use*

Type of Structure Affected Area (m2)

Unit rate (IDR)/m2

Estimation Cost (IDR)

1 Rully Lamadjido 4 “Vacation”

House Permanent 12 2,000,000 24,000,000

Total 12 24,000,000

B. LARP Implementation Schedule

30. The schedule for implementing LARP Watusampu 2021 can be seen in Table 7 below.

Table 7. LARP Implementation Schedule

No Step Timeline

A Planning Stage

1 Submission LARP to ADB for approval November 2021

2 ADB review and approval of LARP November 2021

3 Disclosure of LARP on ADB and S3RBO website November 2021

B Rebuilding of Affected Secondary Structure

1 Consultation with AP before rebuilding the structure January 2022

2 Rebuilding the affected structure January 2022

C Commencement of Civil Works

1 Construction of embankment along 93 m February 2021

2 Construction of remaining 657 m

- Permit from the Palu City LG (including reclamation

permit) January-February 2022

- Construction of embankment March 2022

D Monitoring and Evaluation

1 Semi-annual monitoring and reporting Semiannually in parralel with construction activity

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VIII. INSTITUTIONAL ARRAGEMENT

31. Executing Agency. MPWH (through the Directorate General for Water Resources) will be the executing agency (EA) for EARR. The EA established a Central Project Implementation Management Unit (CPMU) to consolidate activities and reporting from implementing agency (IA). The EA will be responsible for overall EARR implementation activities, including social safeguards.

32. Implementing Agencies. DGWR through S3RBOis the implementing agency for Coastal Protection of Palu Subproject. Implementing agencies are responsible for the preparation of relevant social safeguard documents as well as their implementation and monitoring. Head of the Implementation Section of S3RBO has been appointed as a social safeguards person. 33. Social Safeguards Consultant. CPMU assisted by a Social Safeguard Specialist from the Project Management Consultant (PMC) in overall safeguard monitoring and reporting to ADB. S3RBO is assisted by a team of the Project Supervision and Management Consultant (PMSC) which also includes a Social Safeguards Specialist. The Social Safeguards Specialist will assist in the implement the LARP Watusampu works, and in reporting to the CPMU. The CS-01 Consultant of Flood Management in Selected River Basin prepared the design and involved its own Social Safeguards Specialist. The JFPR social safeguards specialist engaged by ADB provided guidance and support to the S3RBO and Social Safeguards Consultants in preparing qualified social safeguards planning document and ensuring compliance of the implementation of the safeguard 34. Project contractor will be responsible: (i) rebuilding affected structure before civil works and (ii) handling project impacts during construction including compensation for any damaged or lost assets set forth in the LARP. This obligation needs to be emphasized in the project contractor’s contract. The contractor will receive briefing on social safeguards or participate in social safeguard capacity building training.

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IX. MONITORING AND REPORTING

35. The monitoring activities will be commensurate with the project’s risks and impacts. The The objectives of monitoring are to assess (i) the implementation progress of the land acquisition and resettlement plan activities; and (ii) the outcome of the plan activities to income and livelihood of the affected persons. 36. Internal monitoring will be undertaken by CPMU, assisted by the PMC, throughout the land acquisition and resettlement process. Social Safeguards Specialist under PMSC will conduct the day to day monitoring on the implementation of LARP and support data required for monitoring. Semi-annual monitoring reports will be prepared during Watusampu coastal protection Work implementation to report the progress of all activities in the LARP, including implementation of livelihood restoration programs.

37. The scopes of monitoring include but not limited to:

a. The inventory of assets for the basis of resettlement plan.

b. Payment of compensation to all APs.

c. Delivery of income restoration and social support entitlements.

d. Adherence to grievance procedures and outstanding issues requiring management’s attention.

e. Priority of APs regarding the options offered.

f. Benefits provided from the project.

g. Assess outcome and impacts of social safeguards activities on the income and standards of living of APs.

38. The monitoring should be participatory, paying close attention to the indicators based on social safeguards. The monitoring report should be posted in ADB and DGWR or S3RBO websites, made it available in the contractor office, and disseminated the monitoring key findings to APs.

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Appendix 1. Location of Watusampu Revertment Works

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Appendix 2. Map of Affected Asset Based on Preliminary and Final Design

A. Map of Project Affected Aset Based on Preliminary design

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B. Map of Project Affected Land in Watusampu aftar Re-design

Source: Processed From Measurement Data, September 2021

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Appendix 3. Indonesian Navy Base Commander Letter to S3RBO requested Development of Watusampu Revertment Works

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Appendix 4. Indigenous Peoples Impact Screening Checklist Coastal Protection Project-Watusampu Revetment Works

KEY CONCERNS

(Please provide elaborations on the remarks column)

YES NO NOT

KNOWN Remarks

A. Indigenous Peoples Identification 1. Are there socio-cultural groups present in or use the project areas who may be considered as “tribes” (hill tribes, schedules tribes, tribal peoples), “minorities” (ethnic or national minorities) or “indigenous communities” in the project area?

√

The project is located in Watusampu Village, Ulujadi Subdistrict, and Palu City. Community living surrounding the project location is mix of migrants from Banggai, Bugis, Makasar, Chinese, and others. None of them were categorized as IP according to the BWRA list and World Bank IP map.

2. Are there national or local laws or policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging to “ethnic minorities”, scheduled tribes, tribal peoples, national minorities, or cultural communities?

√

3. Do such groups self-identity as taking part of a distinct social and cultural group?

√

4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories?

√

5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture?

√

6. Do such groups speak a distinct language or dialect?

√

7. Has such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against?

√

8. Are such groups represented as “Indigenous Peoples” or as “ethnic minorities” or “scheduled tribes” or “tribal populations” in any formal decision-making bodies at the national or local levels?

√

B. Identification of Potential Impacts 9. Will the project directly or indirectly benefit or target Indigenous Peoples?

√

10. Will the project directly or indirectly affect Indigenous Peoples’ traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance?

√

11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g. food production system, natural resource management, crafts and trade, employment status)

√

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12. Are there socio-cultural group present in or use the project areas who may be considered as “tribes” (hill tribes, schedules tribes, tribal peoples), “minorities” (ethnic or national minorities) or “indigenous communities” in the project area?

C. Identification of Special Requirements Will the project activities include: 13. Commercial development of the cultural resources and knowledge of Indigenous Peoples?

√

14. Physical displacements from traditional or customary lands?

√

15. Commercial development of natural resources (such as minerals, hydrocarbons, forest, water, hunting or fishing ground) within customary lands under use that would impact the livelihoods or the cultural ceremonial, spiritual uses that define the identity and community of Indigenous Peoples?

√

16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples?

√

17. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by indigenous peoples?

√

D. Anticipated Project Impacts on Indigenous Peoples

Project component/ activity/output

Anticipated positive effects Anticipated negative effects

1.

2.

3.

4.

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Appendix 5. Copy Certificates of the Indonesian Navy Land

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