Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road GOVERNMENT OF VANUATU VANUATU CLIMATE RESILIENT TRANSPORT PROJECT (VCRTP) Abbreviated Resettlement Action Plan (ARAP) Status: Draft November 2019 Version C, November 2019 1 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Quality Information Document VCRTP Abbreviated Resettlement Action Plan Date 15 November 2019 Prepared by L. Zuniga-Carmine & M. Bebe Revision History Revision Submitted Revision Details Date Name/Position L. Zuniga-Carmine/International Social A 17/10/19 Draft Version for Review Safeguards Specialist L. Zuniga-Carmine/International Social B 29/10/19 Final Draft Version for Appraisal Safeguards Specialist L. Zuniga-Carmine/International Social C 15/11/19 Final Draft Version for Disclosure Safeguards Specialist Version C, November 2019 2 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road TABLE OF CONTENTS ABBREVIATIONS ................................................................................................................... 5 EXECUTIVE SUMMARY ....................................................................................................... 7 I. Introduction ...................................................................................................................... 14 II. Project Description........................................................................................................... 15 III. Scope of Land Acquisition and Resettlement .................................................................. 18 IV. Socio-economic Information of Project Affected People ................................................ 31 V. Key Stakeholders, Consultations and Participation ......................................................... 34 1. Stakeholders ............................................................................................................... 34 2. Consultations Held ..................................................................................................... 34 VI. Policy and Legal Framework for Land acquisition & Resettlement................................ 37 Vanuatu Laws..................................................................................................................... 37 World Bank Policy ............................................................................................................. 39 VII. Entitlements ..................................................................................................................... 43 1. Eligibility..................................................................................................................... 43 2. Entitlements ................................................................................................................ 43 3. Other Mitigation Measures ....................................................................................... 45 VIII. Complaints and Grievance Mechanism ........................................................................... 46 IX. Resettlement Funding Arrangements ............................................................................... 48 X. Implementation Arrangements......................................................................................... 50 1. Responsibilities to Implement the ARAP .................................................................... 50 2. Capacity building ......................................................................................................... 50 XI. Implementation Schedule................................................................................................. 51 XII. Monitoring ....................................................................................................................... 54 Appendix 1. Land Ownership (Gazetting of the South Santo Road) ....................................... 55 Appendix 2. Signed consultation/Consent Forms by Landowners and leaseholders ............. 61 Appendix 3. Minutes of Meetings and Attendance List .......................................................... 64 Appendix 3. Asset Inventory and Valuation ............................................................................ 80 Version C, November 2019 3 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road FIGURES Figure 1: Length of Sarakata Road Including 14 Bridges ....................................................... 16 Figure 2: Villages Along South Santo Road ............................................................................ 17 Figure 3: Proposed Realignment for Maniao on the South Santo Road .................................. 21 Figure 4: Proposed Realignment at Okoro River ..................................................................... 22 Figure 5: Initial Proposed Realignment for Bridge Construction at Navaka River ................ 22 Figure 6: Geographic Range of Coastal Reinforcement at Tasiriki Village ............................ 24 TABLES Table 1: Road and Bridge Technical Data ............................................................................... 18 Table 2: Summary of Proposed Project Activities and Assessment of Resettlement Impacts 20 Table 3: Summary of Potential Resettlement Impacts ............................................................. 24 Table 4: Villages and Type of Lands Along South Santo Road .............................................. 25 Table 5: Summary of Affected Persons and Losses ................................................................ 29 Table 6: Socioeconomic Profile of Affected People and Communities in South Santo Road 31 Table 7: Summary of Stakeholder Consultations .................................................................... 35 Table 8: World Bank Operational Policy................................................................................. 39 Table 9: Comparison of Land Acquisition and Resettlement in Vanuatu and WB OP 4.12 ... 40 Table 10: Entitlement Matrix ................................................................................................... 44 Table 11: Estimated Budget for ARAP Implementation ......................................................... 49 Table 12: ARAP Implementation Schedule ............................................................................. 51 Version C, November 2019 4 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road ABBREVIATIONS AP Affected Person ARAP Abbreviated Resettlement Action Plan CLMO Customary Land Management Office DP Displaced Person GBV Gender Based Violence GCT GBV Compliance Team GOV Government of Vanuatu GRM Grievance Redress Mechanism GRS Grievance Redress Service IPP Indigenous People’s Plan LARF Land Acquisition and Resettlement Framework LMPC Land Management and Planning Committee MALFB Ministry of Agriculture, Livestock, Forestry, and Biosecurity MIPU Ministry of Infrastructure and Public Utilities NGO Non-government organizations PAP Project Affected Persons PIU Project Implementation Unit PWD Public Works Department ROW Right-of-way SSC Social Safeguards Consultant(s) SSR South Santo Road VCRTP Vanuatu Climate Change Resilient Transport Project VLD Voluntary Land Donation WB World Bank Version C, November 2019 5 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 6 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road EXECUTIVE SUMMARY This is the Abbreviated Resettlement Action Plan (ARAP) for the 65km South Santo Road, an arterial road, from end-of-seal after Sarakata Bridge to Tasiriki Village (Ch 0.00- Ch 65.00). The road is an important transport route for people along South Santo Road and for approximately 139 upland communities using this road. It also has an important boat landing area in Tasiriki for the people from the West Coast of Santo. Scope of Works The potential infrastructure investments under the project will include: (i) sealing of the existing 65 km of gravel road between Saint Michel and Tasiriki to enhance road resilience and connectivity during rainy seasons; (ii) construction of ten new bridges to address loss of connectivity issues; (iii) repair of four existing bridges with improved traffic safety; (iv) realignment of three of four existing bridges; (v) construction of 102 single and multicellular box culverts to meet forecasted rainfall volume and intensities; and, (vi) construction of other ancillary structures to improve climate resiliency, such as coastal protection, masonry covered drains, unvented drifts, gabion retaining walls, etc. Affected Persons From the 2016 Census, the population in the South Santo Road is 3,062 people. There are five (5) affected persons identified under this project including: (i) two customary families who may lose 1,700 sq m of customary land each due to the bridge realignment in Maniao and Okoro. Navaka bridge impacts will be assessed pending confirmation of more feasible bridge realignment site. (ii) two APs who may lose a copra drier and a semi-permanent store; and (iii) a public school who needs to move back an 800 m fence outside the road corridor. APs were identified during an asset inventory conducted by the PWD between 24 -30 September 2019 with assistance from the Provincial Agriculture Department, Provincial Lands, Provincial Customary Lands Office, and the project social safeguards consultant. All APs highly support the project and have signed a consent form to allow the project to proceed. No AP have been identified as vulnerable. During project development, the project is assessed to result in only minor loss of land (estimated. under 1%) and non-land assets (i.e. estimated under 5%) for each AP and minor/temporary impacts on livelihoods as in table below: Version C, November 2019 7 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Chainage/ Affected Within Road Community Location Persons/Grou Affected Assets Remarks Reserve p A. Crops and Trees 1. Maniao Jessie Tavoni's Crops and No Lose include: taro (16), Bridge family trees pawpaw (17), Naviso (141), citrus (5), Navele Ch 36.2 (1), Natapoa (6), mango (1), cocoa (8) , coconut (21), Natangura (22), and others (1). 2. Okoro Philip Denis Crops and No Lose include: pawpaw (4), Bridge family trees Naviso (18), breadfruit Ch 40.2 (5), Nakavika (2), coconut (20) and wild sugarcane (1). B. Structures 1. Maniao 1. Jessie Traditional No 1 tradi tional house made Bridge Tavoni's house of sago palm leaves. Ch 36.2 family Secondary house being used while gardening. 2. Okoro 2. Okoro Accommo- No Semi-permanent house Village Community dation for with concrete slab and 1 school teacher row of bricks. The rest of Ch 40.2 the house are made of sago palm leaves including kitchen. 3. Ebenesa 3. Public Wire fence Yes Within the 20m road Village school (800 m) reserve. 4. Vunabisu 4. Maile Copra drier Yes Within the 20m road Village Varishi reserve. About 3 m x 4m structure with a combined metal plates, wood, and concrete materials. 5. Lui Sakari Semi- Yes Within the 20m road permanent reserve. shop C. Land* 1. Maniao Jessie Tavoni's Land (1,700 No Partly agricultural lands Ch 36.2 but mostly undeveloped Bridge family sq m) lands. Partly agricultural lands 2. Okoro Philip Denis' Land (1,700 No Ch 40.2 Bridge family sq m) but mostly undeveloped lands. 3. Navaka To be Land (15,000 No Partly agricultural lands Ch 48.2 Bridge confirmed sq m)* but mostly undeveloped lands. Note: *Land estimate based on Technical Assessment Report for South Santo Road V02, MIPU/World Bank, 17-27 July 2019. To be confirmed during detailed engineering design stage. Stakeholder Consultations Consultations were carried out with the aim of providing meaningful consultation with stakeholder groups and to provide an opportunity for all parties to provide input into the VRCTP. At least 13 stakeholders’ consultations were conducted by PWD/MIPU assisted by Provincial Custom Lands Officer, Provincial Lands Officer, Provincial Planner and Social Safeguards Consultant from 17 September to 2 October 2019. PWD/MIPU. led community consultations with community leaders and members including potential APs from 24 September to 2 October 2019 and with women community representatives between 18 to 27 September 2019. During these consultations, participants were informed of the project scope, including potential clearing of crops and trees due to the road upgrading and realignment of three bridges. From the community and AP consultations above, consulted stakeholders, interviewed APs expressed strong support for the road improvement. Although they will have to harvest, relocate, or lose some planted trees due to the bridge realignment and road upgrading including clearance of the 30 meter road reserve, APs consider these as minor compared to the expected significant project benefits including: (i) comfortable and shorter travel time to and from Santo; (ii) improved public safety; (iii) increased access to larger Santo and Port Vila market,; (iv) improved access to basic social services, e.g., health and education; and (iv) avoidance of fatalities resulting from river crossing during rainy season. An additional benefit highlighted by SSR communities is the benefit to remote Santo West Coast people (approx. over 3,000) who travel by boat (as long as 8 hours) to Tasiriki to reach Luganville regularly to sell products and during medical emergencies. Version C, November 2019 8 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Impact Mitigation and Entitlements The table outlines the impact mitigations for loses of identified APs. Replacement of affected non- land assets through provision of material for affected assets, e.g., fence, copra drier and local store and payment-in-kind for affected lands using traditional customary process will be the main approach to mitigate loses by project APs. Type of Impact Entitled Entitlements Implementation Considerations Person(s) Loss of land Customary land Replacement land provided For road realignment, replacement land owners such is available and could be in the form of transfer of land acceptable to the affected from the previous road alignment person. (effectively a land swap), provided that the previous road alignment section is OR contiguous with affected person’s land, is not occupied by other persons, is Compensation in kind in a technically viable and acceptable to the form acceptable to the affected person. affected person. Any voluntary donations are to follow OR the project’s Voluntary Land Donation Protocol. Alternatively, the affected person may agree to Only land losses that represent marginal voluntarily donate the land losses (less than 10%) can be without compensation or with considered for VLD. VLD will be partial compensation in forms accompanied by customary ceremonies mentioned above. and gifts such mats and pigs, acceptable to the affected person to be provided by the Government. Loss of main Owner of Compensation in kind with Compensation in kind with building structures structure building materials at materials in types of materials and (houses, shops replacement value plus quantities acceptable to the affected or similar) associated costs for persons at least sufficient to replace lost construction and related asset. transactions. Loss of Owner of Secondary structures that secondary structure cannot be feasibly moved will structures be compensated in kind at (fences, etc) replacement value. Loss of trees and Owner of trees Compensation for trees and Productive trees will be compensated at crops and crops crops in kind. the rate of five seedlings to one mature tree. Alternatively, based on consultation, APs may opt to receive different types of trees or planting materials. Advance notice will be given to enable annual crops to be harvested before the land is to be cleared. Disturbance of Land /structures Restoration of land by Adjacent land disturbed by road or land during owners/users contractor. drainage works will be restored within 7 works days. Unforeseen or Land users Determined as per the unintended principles of the World impacts Bank’s safeguards policy. Version C, November 2019 9 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road In line with the World Bank’s Policy and the Government of Vanuatu’s land laws, the GoV/MIPU will implement a full suite of impact mitigation measures to avoid impacting the livelihood of people in the SSR area: • Avoidance of damage • Advance notice to APs • Pre-works replacement of damages to assets and customary payment for land Estimated Budget to Implement the ARAP The estimated replacement cost (at market value) for affected land and non -land assets under the project is estimated to be VT4,327,050 (USD 44,033). This will be confirmed during detailed design stage. Estimated ARAP Budget S.N. Item Cost (VT) Cost (USD) A Affected Land and Non-Land Assets Damage to crops and trees for 2 Affected Persons in 1 4,419.41 Maniao and Okoro Bridge sites 495,075.00 Damage to structures (1 traditional residential structure, 1 2 community accommodation, 1 copra drier, 1 semi- 882,000 7,875.00 permanent shop and 1 fence 800m) Required land for bridge realignment (1,700sq m for 3 2,060,800 18,400 Maniao + 1,700 sq m Okoro + 15,00 sq m for Navaka) Sub Total (A) 30,694.41 3,437,875.00 B Implementation Asset Inventory validation 56,000 5,000 Consultations 112,000 1,000 Sub Total (B) 168,000 6,000 A+B 3,605,875 36,694 Conttingency (20%) 721,175 7,339 TOTAL (VT and USD) 4,327,050 44,033 Note: Exchange Rate: USD 1.00 = VT 112.00 as of. 17 October 2019 Version C, November 2019 10 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road ARAP Implementation PWD/MIPU is the implementing agency responsible for overall guidance and project implementation. PWD/MIPU, headed by the Director-General and through the Employer’s Project Manager, implements the project and is responsible for overall planning, management, coordination, supervision and progress monitoring the implementation of the project including the ARAP preparation and implementation. PWD/MIPU, through its Project Implementation Unit (PIU) International and Local Social Safeguards Specialists, ensures compliance with the requirements of such ARAP. Below outlines the key activities, responsible agency, and timetable for the ARAP implementation particularly on completing payment activities for construction damage to affected persons. Implementation Timetable Implementation Responsible Main Resettlement Plan Activities Status Schedule Agency A. Land Acquisition and Resettlement Action Plan (ARAP) Preparation 1. Concept design and scope of works known for South August 2019 PWD/MIPU Completed Santo Road. 2. Conduct community consultations to confirm 19 September PWD On-going community support for the project and identify 2019 to potential concerns. construction period 3. Initial Asset Inventory. Conduct of initial asset 24 September – PWD with Completed inventory and socioeconomic survey of potentially 2 October 2019 Department of affected persons. Agriculture and Department of (Note: Only for Maniao and Okoro bridge realignment Lands with and for road upgrading and maintenance. Navaka bridge Chiefs realignment site still to be confirmed.) 4. PWD submit Draft ARAP to World Bank for review and 15 October 2019 PWD/Social Completed comments. Safeguards Consultants (PWD/SSC) 5. PWD to submit Revised ARAP to the World Bank. October 2019 PWD/SSC TBC 6. Secure consent for 102 culverts During PWD/ TBC construction Contractor/ Community Liaison Officer B. Procurement & Mobilization of ARAP Funding 7. Tender advertisement by PWD/MIPU. March 2020 PWD/MIPU TBC 8. PWD provision of estimated budget to implement the November 2019 PWD/MIPU TBC ARAP through 2020 government budget submission. 9. Contract signing and mobilization of Contractor. May- June 2020 PWD/MIPU TBC Approval of contract by National Tender Board and endorsement by the Council of Ministers. C. Updating the ARAP 10. During detailed design, review design options to assess During detailed PWD/SSC TBC and mitigate resettlement impacts. engineering design Version C, November 2019 11 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Implementation Timetable Implementation Responsible Main Resettlement Plan Activities Status Schedule Agency 11. Asset inventory validation during detail design (to February 2020 PWD TBC confirm potentially affected assets due to realignment. 12. Following detailed design, review all planned project Following PWD/Safeguards TBC works against detailed design to assess the impacts of detailed Specialist loss of land (including land use), structures and engineering trees/crops. (This includes confirmation of no impacts design on any given project works.) 13. Conduct detailed measurement surveys (DMS) and Following PWD/Safeguards TBC census for any project components that will cause loss detailed Specialist of land, land use and non-land property (structures, engineering crops, etc.). The DMS will be conducted together with design affected persons and confirm affected persons and quantify losses, including severity of loss of any productive resources. 14. Conduct consultations with identified land owners and Following PWD/Safeguards TBC land users and local communities prior to and following detailed Specialist the DMS. In consultation with affected persons and their engineering communities, identify preferred forms of compensation design set out in the entitlement matrix. 15. Value all losses and mitigation measures in accordance Following PWD/Safeguards TBC with the principles set out in the entitlement matrix and detailed Specialist prepare updated ARAP budget. engineering design 16. Prepare updated ARAP document. Following PWD/Safeguards TBC detailed Specialist engineering design 17. Endorse updated ARAP for WB Review PWD/MIPU TBC 18. WB provides no objection to updated ARAP WB TBC 19. ARAP public disclosure Once approved PWD/MIPU TBC by WB D. ARAP Implementation PWD/MIPU 20. Appointment and training of provincial PWDs staff and June 2020 PWD/MIPU TBC community representatives on roles and responsibilities for implementing the GRM 21. On-ground consultation and dissemination of notices (in June 2020 PWD/MIPU TBC Bislama) about the project’s GRM in affected villages 22. Compensation to PAPs (cash or in-kind) for the re- June – July 2020 PWD/MIPU TBC aligned areas and replace affected crops and trees. Prov Govt 23. Through Contractor, to provide advance notice and June – July 2020 PWD/MIPU TBC assist with the replacement of affected assets e.g. fences. 24. Submit ARAP asset payment completion report to the July 2020 PWD/MIPU TBC World Bank for approval Version C, November 2019 12 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Implementation Timetable Implementation Responsible Main Resettlement Plan Activities Status Schedule Agency D. Commencement of civil works by contractor 25. Contractor can commence work on other parts of the August 2020 PWD/MIPU TBC road that do not involve realignment and where there are no structures and damaged crops/trees have been paid/replaced. 26. Contractor commences works on resettlement impacted August 2020 PWD/MIPU TBC areas after compensation (cash or in-kind) for land and non-land assets, submission of report and receipt of “NO” from the WB. 27. Advance notice before commencement of works, During Contractor TBC completion of payment of damaged assets, as required, construction for unforeseen damages and losses. Version C, November 2019 13 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road I. INTRODUCTION 1. This Land Acquisition and Resettlement Action Plan (ARAP) has been prepared on behalf of the Public Works Department (PWD) under the Ministry of Infrastructure and Public Utilities (MIPU). 2. The absence of regular maintenance of the South Santo Road, exacerbated by climatic change, means that the road requires routine maintenance and rehabilitation as well as climate proofing of the road infrastructure. Poor road conditions are driving up transport costs1, hindering access to services and markets, and restricting economic growth in rural areas. 3. The Vanuatu Climate Resilient Transport Project (VCRTP, the Project) aims to: (i) provide a sustainable climate resilient road infrastructure along the 65km South Santo Road corridor; and (ii) develop a sectoral policy in mainstreaming climate resilience into the road asset management, including road network maintenance. 4. The potential infrastructure investments under the project will include: (i) sealing of the existing 65 km of gravel road between Saint Michel and Tasiriki to enhance road resilience and connectivity during rainy seasons; (ii) construction of ten new bridges to address loss of connectivity issues; (iii) repair of four existing bridges with improved traffic safety; (iv) realignment of three of four existing bridges; (v) construction of 102 single and multicellular box culverts to meet forecasted rainfall volume and intensities; and, (vi) construction of other ancillary structures to improve climate resiliency, such as coastal protection, masonry covered drains, unvented drifts, gabion retaining walls, etc. 5. These works will include strong climate resilience elements to provide resilient infrastructure solutions that are fit-for-purpose and potentially adopting relatively new technologies. The project scope will be finalized in subsequent missions and is subject to confirmation of available financing. 6. The key objective of this ARAP is to provide an effective and practical guideline to the land acquisition process and mitigation measures to affected assets (land and non-land) resulting from the road upgrade, in compliance with planning principles and requirements of current laws and practices of the Government of Vanuatu and the World Bank’s Operational Policy 4.12 – Involuntary Resettlement. 7. The overall objectives of the World Bank’s policies on involuntary resettlement are the following: (i) Involuntary resettlement (economic or physical) should be avoided where feasible, or minimized, by exploring all viable alternative project designs; (ii) Where it is not feasible to avoid involuntary resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons affected by the project to share in project benefits. Affected persons (APs) should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; and (iii) APs should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 8. A key objective of VCRTP is to avoid the acquisition of land and utilize existing road corridors and right-of-way (ROW) as much as possible as reflected in this ARAP. Where works will impact 1 Source: Community consultations and focus group discussions with women from 17-2 October 2019 Version C, November 2019 14 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road customary lands or private properties such as fences, crops and trees even within road corridors, impact mitigation measures are discussed in the Entitlement Section of this report. II. PROJECT DESCRIPTION 9. The project is focused along approximately 65km of the South Santo Road (SSR) between Luganville on the east and Tasiriki on the west (Figure 1). The proposed section of road is a very wet area and has 14 river or waterway crossings and passes directly through 15 villages as below and 169 inland villages identified to be within the project influence area of South Santo Road and West Coast of Santo. Ten (10) of those 14 waterway crossings need to be replaced with a steel truss bridge, or a new RCC bridge. Three (3) bridge locations require realignment. 102 culverts along the road need to be replaced or built. One site needs coastal protection. Proposed locations for these sites had been identified and still to be finalized. 10. The South Santo Road runs through Santo of Sanma Province. In Sanma, there is a total of 524km of roads, of which 124km (24 percent) are sealed, 298km (57 percent) are gravel, and 102km (19 percent) are earth roads. Road infrastructure is inadequately maintained, and in need of both rehabilitation and more routine maintenance. Poor rood conditions are driving up transport costs, hindering access to services and markets, and restricting economic growth in rural areas. 11. The South Santo Road plays an important role for Santo, linking its east to its west, while also serving transit traffic between its northwest via Tasiriki and Luganville, which functions as a gateway for the northern part of the country (i.e., Torba, Penama, and Sanma Provinces). Agricultural activities are evident all along the South Santo Road. The level of activity is higher closer to Luganville. Cash crops produced along the road include cattle (South Santo is reputed to produce the finest beef in Vanuatu, copra, cocoa, kava, and sandalwood). Tasiriki is a fishing village and fish are sent to Luganville from the village. The village serves as the transshipment point for produce and goods from remote West Coast by boats daily from at least 88 villages with over 3,000 population. Version C, November 2019 15 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Figure 1: Length of Sarakata Road Including 14 Bridges Version C, November 2019 16 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Figure 2: Villages Along South Santo Road Version C, November 2019 17 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Introduction and Methodology 12. This chapter provides a description of the project’s anticipated involuntary resettlement impacts based on the preliminary design prepared during the project preparation. Assessment of impacts was undertaken based on desk review of engineering reports, field surveys of affected areas and consultations with potentially affected people. The preliminary design focused on river crossings. Other components, such as road and drainage improvements will be defined during the detailed design phase. 13. The assessment of resettlement impacts was based on desk review of preliminary bridge design reports as well as field visits and consultations between 17 September to 2 October 2019. An asset inventory was conducted by Public Works Department/MIPU in coordination with Ministry of Agriculture, Livestock, Forestry, and Biosecurity (MALFB) between 24 September to 2 October 2019. 14. The resettlement impacts of the project will need to be reassessed based on the detailed engineering design during project implementation. The ARAP will need to be updated based on the due diligence of the detailed engineering design prior to project implementation. B. Scope of Works 15. The proposed works for the South Santo Road project include: (i) realignment of three bridge locations (Maniao, Okoro, and Navaka rivers); (ii) rehabilitation of 10 of 14 bridges; (iii) upgrading of gravel road to seal as much as WB funding could cover; and (iv) construction of a 190 m coastal protection in front of a school at Tasiriki village. Table 1: Road and Bridge Technical Data Unit Details Road (total length) 65.2 km Scope of works Upgrading works of the South Santo Road (Sarakata Bridge to Tasiriki Village) • sealing of the existing 60 km of gravel road between Saint Michel and Tasiriki to enhance road resilience and connectivity during rainy seasons; • construction of ten new bridges to address loss of connectivity issues; • repair of four existing bridges with improved traffic safety; • realignment of 3 bridge locations; • construction of 102 single and multicellular box culverts to meet forecasted rainfall volume and intensities; and, • construction of other ancillary structures to improve climate resiliency, such as coastal protection, masonry covered drains, unvented drifts, gabion retaining walls, etc. Road, bridge and drainage maintenance and improvement and coastal Type of project protection/climate-proofing Source: Project Technical Consultants Version C, November 2019 18 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road C. Assessment of Resettlement Impacts of Proposed Project Works = 1. River Crossings 16. During the technical assessment, 14 bridges and waterway crossings were identified along the alignment. Four of the bridges were reported to be in fair condition and only in need of minor repairs including improvement in the traffic safety conditions. The remaining 10 crossings are proposed to be re-constructed to consider the roads as all-weather road. 17. Three of the 10 crossings need to be re-aligned in order to provide river crossings at more climate resilient locations. The technical assessment has proposed the new locations as being more suited to bridge crossings as they have straight sections of banks and calmer water flows with minimum impact of scour and flash flooding. The realignments will be within 100 to 300m up or down stream from their current locations. The three sections are: 1. MANIAO RIVER BRIDGE (KP36.2) : Realignment (Figure 3) is needed to sustain the bridge and provide better climate resilience. It is proposed that the crossing will be aligned to approximately 260m upstream from its current site. The existing bridge is scoured and tends to become a delta during flash floods making it unsuitable for bridge construction. No obvious undue risks or impacts associated with this realignment. 2. OKORO RIVER BRIDGE (KP40.2): This section of road requires realignment (Figure 4) approximately 100m upstream of the current site to avoid the future scour of the bridge. The existing site is no longer suitable for new bridge construction due to its river morphology. The realignment follows the path of the previous road and passes very close to a teacher ’s residences belonging to the school. Depending on the final route, this residence may be impacted. Site investigations for the preparation of this ESIA established that the proposed realignment route passes over a section of riverbank collapse which has resulted in a steep embankment between the road and the river. Any bridge constructed along the proposed realignment would be quite high and would span the gully. 3. NAVAKA RIVER BRIDGE (KP48.2): The section needs to be realigned to ensure the new bridge is sustainable and more climate resilient. The technical assessment proposed that the bridge will need to be constructed approximately 170m downstream from the current site. The length of the proposed approach road will be approximately 454m. 18. The proposed realignment sections were inspected during the preparation of this ARAP in September 2019 and it has been determined that more extensive hydrological and geotechnical studies are needed in order to determine the most appropriate section of riverbank for siting the bridge. In Navaka (Figure 5) it is possible that the riverbank in the proposed location is too low and is formed of the alluvial soils making is an unsuitable and possibly unstable place to construct a bridge. In addition to this concern, is the anecdotal evidence provided to the safeguards team by the plantation farmer at the site of the proposed crossing who advised that in the recent past, he has lost nine rows of coconut trees to the river as it has moved its course eastwards. There is the risk of the river moving under the footings of the bridge if it is placed too far downstream on the alluvial plain. 19. Table 2 below shows the details of the existing bridge conditions and suggested improvements recommended by the technical assessment team. Version C, November 2019 19 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Table 2: Summary of Proposed Project Activities and Assessment of Resettlement Impacts Activity KP LOCATION DESCRIPTION Assessment of Potential Resettlement Impacts Replacement 13.6 Naoneban RCC Bridge (20X3.5M) with single To be built on same footprint. Bridge Bridge span to avoid the risk of flush flood Approach roads expected to be on and free board 1.50 to pass the same footprint. Resettlement floating trees during flush flood. impacts not anticipated, but to be confirmed during detailed design. Replacement 20.2 Venue Bridge RCC Bridge (20X5.5) with single To be built on same footprint. Bridge span to avoid the risk of flush flood Approach roads expected to be on and free board 1.50 to pass the same footprint. Resettlement floating trees during flush flood. impacts not anticipated, but to be confirmed during detailed design. Replacement 26.0 Venaus Bridge RCC Bridge (15X4.0) with single To be built on same footprint. Bridge span to avoid the risk of flush flood Approach roads expected to be on and free board 1.50 to pass the same footprint. Resettlement floating trees during flush flood. impacts not anticipated, but to be confirmed during detailed design. Replacement 35.0 Kere River RCC Bridge with (13X5M) single To be built on same footprint. Bridge span to avoid the risk of flush flood Approach roads expected to be on and free board 1.50 to pass the same footprint. Resettlement floating trees during flush flood. impacts not anticipated, but to be Vented ford severely damaged with confirmed during detailed design. water flowing over the road. New bridge 36.2 Maniao River No structure is present. Bridge New bridge in new location. + realigned (Realignment) washed away twice. Steel Truss Realignment of approach road approach Bridge (30X6.5M) with single span (approx. 0.3 km). Approximate road to avoid the risk of flush flood and land required is 0.3 km x 30m free board 2.50 to pass the floating (including new road reserve) = 300 trees during flush flood. Re-align the x 30= 9,000m2. bridge approx. 260m upstream to avoid scour and straight section of river alignment. New bridge 40.2 Okoro River Steel Truss Bridge (30X6.0M) with New bridge in new location. + realigned (Realignment) single span to avoid the risk of flush Realignment of approach road approach flood and free board 2.50 to pass the (approx. 0.15 km). Approximate road floating trees during flush flood. land required is 150m x Need Gabion retaining walls to 30m (including new road reserve) stabilize the embankment. Re-align = 4,500 m2. the bridge approx. 100m upstream to avoid scour and straight section of river alignment Replacement 43.5 Waialo Drift is present. Steel Truss Bridge To be built on same footprint. bridge Causeway (50X5.5M) with single span to avoid Approach roads expected to be on the risk of flush flood and free board same footprint. Resettlement 2.50 to pass the floating trees during impacts not anticipated, but to be flush flood. confirmed during detailed design. New bridge 48.2 Navaka River No structure is present. Require New bridge in new location. + realigned (Realignment) 210X 8.0 meter Steel truss bridge Realignment of approach approach with a minimum span length 70m@3 road (approx. 300 (R)+200 (L) road spans=210m. Need additional m). Approximate land required hydrological study. Re-align the is 500m x 30m (including new road bridge approx. 170m downstream to reserve) =15,000 m2. avoid scour and straight section of river alignment Replacement 52.6 Vented Drift RCC Bridge (15X5.0M) with return To be built on same footprint. bridge type Wing walls and 200 mm Stone Approach roads expected to be on pitching apron; approach road same footprint. Resettlement impacts not anticipated, but to be confirmed during detailed design. New bridge 63.2 Bouvo River No structure is present. Require 30X New bridge on same alignment. 5.5 meter single Steel truss bridge Resettlement impacts associated with a minimum span length 30m@1 with bridge and approaches to be spans=30m. Need additional assessed during detailed design. hydrological study Version C, November 2019 20 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Activity KP LOCATION DESCRIPTION Assessment of Potential Resettlement Impacts Box culverts Various Various Estimated 102 box culverts of Culverts not anticipated to cause varying sizes required to replace resettlement impacts. However, existing structures and several due diligence is required during culverts in new locations where the detailed design. This will include watercourse has developed due to inspection and consultation with flash floods. The width of the land owners for installment of new crossing shall be 7.3m double lane culverts. plus two 1m shoulders for a total carriageway width of 9.3 meters. Drainage TBD TBD Road upgrading/ improvements Road drainage involve outflow. expected to include drainage. Road Resettlement due diligence during improvement works to be detailed design will need to assess determined during implementation impacts of drainage outflow, after river crossing works have been potential need for easements as fully costed. well as assess roadside clearance for drainage. Road TBD TBD Road upgrading/ improvements Road improvements not expected upgrading expected to include resurfacing on to include widening of existing same footprint. Road improvement road. (Typical roads widths are works to be determined during considered sufficient for 2 lanes.) implementation after river crossing Resettlement impacts not works have been fully costed. anticipated. However, resettlement due diligence during detailed design will need to assess if there if there is road widening, change in vertical or horizontal alignment, or clearing of roadside to enable works that cause impacts. Coastal 64.2+ Gabion retainin Road slope protection approx 200- Resettlement impacts not protection other g wall 250 m and 200 meter other potential anticipated. To be reviewed potentia locations. following detailed design. l places Figure 3: Proposed Realignment for Maniao on the South Santo Road Version C, November 2019 21 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Figure 4: Proposed Realignment at Okoro River Figure 5: Initial Proposed Realignment for Bridge Construction at Navaka River 2. Road Improvements 20. Improvements to the existing road will be designed during project implementation as part of the detailed design process after water crossings have been fully costed. Road improvements are expected to focus on some sections of the road based on priority needs rather than the entire alignment. Also, the road improvements are not expected to include widening of existing road. (Typical roads widths are considered sufficient for 2 lanes.) Current usage of the land adjacent to the road (for structures, farming, business, etc.) tends to be sufficiently set back from the road edge. As such, during project preparation impacts due to road improvement works could not be fully assessed but are not anticipated. During detailed design, due diligence will be conducted to assess road improvement-related Version C, November 2019 22 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road impacts and specifically address these in the updated ARAP. Below is a summary of types of works planned related to road improvements. 2.1. Road Upgrading/Improvements 21. These are expected to include road resurfacing on the same footprint. Road improvement works will be determined during implementation after river crossing works have been fully costed. 22. The road improvements are not expected to include widening of existing road. (Typical roads widths are considered sufficient for 2 lanes.) 23. Resettlement impacts are not anticipated. However, resettlement due diligence during detailed design will need to assess if there is road widening, change in vertical or horizontal alignment, or clearing of roadside to enable works that cause impacts. 2.2. Box Culverts 24. An estimated total of 102 box culverts of varying sizes are required to replace the existing structures which are no longer serviceable and includes several culverts in new locations where the watercourse has developed due to flush floods. The width of the crossing shall be 7.3m double lane plus two 1m shoulders for a total carriageway width of 9.3 meters. These box culverts are expected to be within the existing road corridor thus resettlement impacts are not anticipated. This will however be confirmed during detailed design. This will include inspection and consultation with landowners for installment of new culverts. 2.3. Drainage 25. Road upgrading/ improvements are expected to include drainage. However, drainage details are still unknown after river crossing works have been fully costed thus road improvement works and potential impacts from drainage outflows need to be considered and resettlement due diligence needs to be conducted during design stage. 3. Coastal Reinforcement 26. At Tasiriki School (Ch 64.5) there is a need for stabilization works along the coastline to protect the road embankment from further erosion caused by sea wave action. The protection proposed in the technical assessment recommended approximately 190m of gabion cages all approximately 4 to 5m high (Figure 6). 27. During the development of this ARAP it was determined that no resettlement impacts are expected as the proposed site is within the 30m road corridor. This however will be reviewed following detailed design. Version C, November 2019 23 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Figure 6: Geographic Range of Coastal Reinforcement at Tasiriki Village Summary of Impacts 28. Table 3 below summarizes proposed project activities and components along with assessment of resettlement impacts. The table also indicates where further due diligence will be required during implementation and detailed design. Any impacts causing displacement, loss of land use, loss of non- land assets will need to be included in the scope of the updated ARAP to be prepared following detailed design and prior to implementation of physical works. Table 3: Summary of Potential Resettlement Impacts No. Proposed Works Resettlement Description Impacts 1 Replacement of 6 of 10 None Civil works will be confined to existing road bridges/water crossings corridor. 2 Realignment of 3 of 10 Yes Will require approx. 3,400 sq m (1,700 sq m x 2) bridges/river crossings of customary land in Maniao and Okoro rivers. Navaka wil require approx. 9,080 sq m of land for the bridge realignment (3). Will require moving back of a secondary house (bush materials) used for gardening due to bridge realignment (Maniao bridge). Will require moving back of a community house from the road reserve due to bridge realignment (Okoro bridge) 3 Construction of a new To be confirmed Resettlement impacts associated with bridge and bridge on existing approaches need to be assessed during detailed footprint design. 3 Road resurfacing along Yes Civil works will be confined to the existing road the corridor corridor. Potential resettlement impacts Version C, November 2019 24 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road particularly from assets along the road reserve need to be confirmed during detailed design. 4 Drainage improvement No Civil works will be confined to the existing road (Improvement or corridor between 20-30m Gazetted road. construction of 102 box Resettlement due diligence during detailed design culverts and drainage will need to assess impacts of drainage outflow, outflows) potential need for easements as well as assess roadside clearance for drainage. 29. Water Crossings with No Impacts. Six of the 10 river crossings (Naone, Venue, Venaus, Kere, Waialo, and Vented Drift) are not expected to cause resettlement impacts as they will be built on existing footprint. Also, a new bridge (Bouvo River) will be constructed within the road alignment. However, resettlement impacts associated with bridge and approaches need to be assessed during detailed design. 30. Moreover, upgrading of gravel road/road resurfacing and improvement or construction of box culverts are not expected to cause involuntary resettlement impacts. Furthermore, the construction of a coastal protection subproject at the last section of the SSR and in front of Tasiriki school is not expected to cause resettlement impacts as the coastal protection will be built within the 30-m road reserve. Resettlement impacts associated with drainage and road upgrading associated works will be confirmed during detailed design stage. 31. Water Crossings With Resettlement Impacts. The three (3) proposed bridge realignments in Manioa, Okoro and Navaka are expected to cause involuntary resettlement impacts in these locations as this will trigger the WB’s Operational Policy 4.2 on involuntary resettlement as the realignment will require additional customary lands and cause potential damage to non-land assets outside the existing road reserve. D. Land Tenure and Governance in the Project Area Landownership 32. The road and associated road reserve are Government-owned and adjacent land is customary land. 33. The 65 km road is a Gazetted road under the Public Roads Act No. 35 of 2013 (Appendix 1. Land Ownership (Gazetting of the South Santo Road). This means that the road and the associated road reserve is Government land. The designated reserve for the arterial road section of SSR is 15m from the centre line (30m total width) and 10m from the centre line (20m total width) for sections classified as feeder roads under the Public Roads Act. 34. There are 15 villages along the road, with 14 villages under customary land tenure outside the road reserve (Table 4 below). Table 4: Villages and Type of Lands Along South Santo Road Ch No. Name of Village Land Ownership (outside Population the road reserve) (2016) 0.0 Sarakate Bridge (end of seal) 1 Talua (site for Talua College) Lease Land 111 2 Vunabisu (cross road) Customary land 134 3 Naonetas Customary land 85 4 Sarete Customary land 221 Version C, November 2019 25 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Ch No. Name of Village Land Ownership (outside Population the road reserve) (2016) 5 Namoru Customary land 328 6 Ebenesa Customary land 88 7 Narua Customary land 85 8 Parisa Customary land 127 9 Wailapa Customary land 146 10 Hukoro & Okoro Customary land 180 11 Najara Customary land 139 12 Ipayato Customary land 489 13 Tanovusvus Customary land 316 14 Pelmoli Customary land 270 64.5 15 Tasiriki Customary land 343 Total 3,062 Customary Lands 35. Customary lands are lands belonging to a tribe or a clan. These lands are sometimes owned by numerous people and ownership is passed down through families without formal registration thus issues can do arise when payments in exchange of land are carried out even for public purpose such as a road. During project consultations the representatives of customary land owners of the proposed three bridge realignment and coastal protection sites gave their consent during consultations. In addition, all customary landowners in the road being recommended by local stakeholders for realignment along the nine leased lands. During consultations customary landowners and leaseholders reported difficulties from driving on those winding roads that always collect water in lower sections creating potholes even immediately after maintenance works. Thus, they are willing to work together and resolve any ownership issues that may arise among themselves to have this road upgraded and re-aligned. Leased Lands 36. Lease lands are customary lands leased by customary landowners or by government on behalf of customary landowners. There are nine leased lands between Sarakata and Talua excluding those within the Municipal Boundary. In the project area, leased lands are only located in the first few km of the SSR beginning from the end of tar-sealed road after Sarakata Bridge to USA Bridge in Talua Village. 37. The leaseholders and custom owners of these nine leaseholds have requested the government to improve road alignment in this section. Six of the nine leaseholders have signed a consent to demonstrate their support for the project (Appendix 2. Signed consultation/Consent Forms by Landowners and leaseholders). Three of the main leaseholders with extensive lease lands include a Korean owning a large cattle farm, an Australian, and a Frenchman who is a major kava planter in Santo. Although there are a number of claimants on these leased lands, the majority of custom owner- claimants have given written consent for the road realignment to proceed, if to become part of the project later on. E. Land and Non-Land Impacts (Structures, Crops and Trees) 38. The following provides an overview of anticipated impacts for project activities that have already been defined. The final impacts will need to be reassessed based on detailed design during implementation. Version C, November 2019 26 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 39. There are minor land and non-land impacts to communities from the road upgrading and three bridge realignments along the proposed SSR that could be assessed during project preparation based on preliminary design information (Table 5). Specifically, there are two customary families who may: (i) lose lands, crops and trees, and residential structures; (ii) a public school will need to move back their fence out of the 20m road reserve, and (iii) two individuals who may lose a copra drier and a semi- permanent shop located on the road reserve due to the road upgrading. The full scope of impacts will need to be assessed following detailed design. Its feasibility however will need to be reviewed by the design engineers and make recommendations to the government and World Bank. (i) Loss of Land 40. Based on the Table 5 below, a total of 18,400 sq m of customary land is estimated to be required for the proposed realignment of two bridges located in Maniao and Okoro2. The third bridge location in Navaka River, however, is still to be re-assessed by the technical team to identify a more appropriate location and an inventory to be carried out during detailed design. During the MIPU/World Bank Technical Assessment carried out in August 2019, it was estimated to require 15,000 sq m of land for the bridge realignment including provision for a road reserve. 41. No land acquisition is anticipated for the 102 culverts to be constructed or replaced within the Gazetted 20-30 m road corridor3. (ii) Loss of Structures 42. Based on the asset inventory carried out by the PWD/MIPU in coordination with Ministry of Agriculture, Livestock, Forestry, and Biosecurity (MALFB), the following three APs were identified: (i) one family (Jessie Tavoni) who will lose a secondary residential structure made of traditional materials use for gardening in Maniao due to the road realignment; and (ii) two families in Vunavisu village (Maile Varishi and Lui Sakari) who will lose a livelihood source (copra drier and semi- permanent store located on the road reserve) due to the road upgrading, Also, two groups including a public school that needs to move back their 800m long wire fence belonging to the Ebenesa Primary School due to road upgrading and a community school teacher’s accommodation belonging to the Okoro Village will need to move back due to the bridge realignment. (iii) Loss of Crops and Trees 43. Customary landholding families associated with the realignment of the bridge approach roads will lose crops and trees such as coconut trees, cocoa, and nut trees due to proposed realignment Maniao and Okoro bridges. Impacts associated with the realignment of the Navaka River Bridge also expected but not yet estimated. Losses of crops and trees will need further assessment during implementation following detailed design. (iv) Physical Displacement 44. Two house structures will be fully affected. A house used for gardening of one household will be fully affected in Maniao due to realignment of the bridge approach road. One community school teacher’s accommodation belonging to the Okoro Village will also be fully affected due to th e road 2 Technical Assessment Report for South Santo Road V02, MIPU/World Bank, 17-27 July 2019 3Public Roads Act No. 35 of 2013 Version C, November 2019 27 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road realignment for the Okoro Bridge approach road. There is adequate residual land outside the new road reserve for both house structures to be rebuilt. Resettlement assistance beyond compensation for affected houses at replacement value is not required. (v) Severity of Impacts on Livelihoods and Productive Resources 45. Two families will lose productive lands in Maniao and Okoro due to realignment of the respective bridge approach roads. The families have adequate residual lands estimated to be under 1% of the required lands (1,700 sq m each compared approximately to 20,000 ha and 5,000 ha of undeveloped lands the two families own) to continue their agricultural activities. Resettlement assistance beyond compensation for affected lands at market value is not required. 46. Both families will lose cash crops and trees such as kava, coconut, and nut trees. These however will be temporary in nature as the families will be given adequate time to harvest and replant their crops and trees. 47. One of the two families above will lose a traditional residential structure considered as a secondary home used for gardening due to the road and bridge realignment. 48. Another two families will lose a semi-permanent trade store and a copra drier from Ebenesa village, about halfway between end-of-seal road in Sarakata and Tasiriki. Both families are not expected to lose over 10% of their income sources as they will be given adequate notice, replacement materials together with associated cost and related transactions to rebuild their assets. This, however, needs to be confirmed during detailed design. Version C, November 2019 28 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Table 5: Summary of Affected Persons and Losses Chainage/ Affected Within Road Community Location Persons/Grou Affected Assets Remarks Reserve p A. Crops and Trees 1. Maniao Jessie Tavoni's Crops and No Lose include: taro (16), Bridge family trees pawpaw (17), Naviso (141), citrus (5), Navele Ch 36.2 (1), Natapoa (6), mango (1), cocoa (8) , coconut (21), Natangura (22), and others (1). 2. Okoro Philip Denis Crops and No Lose include: pawpaw (4), Bridge family trees Naviso (18), breadfruit Ch 40.2 (5), Nakavika (2), coconut (20) and wild sugarcane (1). B. Structures 1. Maniao 1. Jessie Traditional No 1 traditional house made Bridge Tavoni's house of sago palm leaves. Ch 36.2 family Secondary house being used while gardening. 2. Okoro 2. Okoro Accommo- No Semi-permanent house Village Community dation for with concrete slab and 1 school teacher row of bricks. The rest of Ch 40.2 the house are made of sago palm leaves including kitchen. 3. Ebenesa 3. Public Wire fence Yes Within the 20m road Village school (800 m) reserve. 4. Vunabisu 4. Maile Copra drier Yes Within the 20m road Village Varishi reserve. About 3 m x 4m structure with a combined metal plates, wood, and concrete materials. 5. Lui Sakari Semi- Yes Within the 20m road permanent reserve. shop C. Land* 1. Maniao Jessie Tavoni's Land (1,700 No Partly agricultural lands Ch 36.2 but mostly undeveloped Bridge family sq m) lands. Partly agricultural lands 2. Okoro Philip Denis' Land (1,700 No Ch 40.2 Bridge family sq m) but mostly undeveloped lands. 3. Navaka To be Land (15,000 No Partly agricultural lands Ch 48.2 Bridge confirmed sq m)* but mostly undeveloped lands. Note: *Land estimate based on Technical Assessment Report for South Santo Road V02, MIPU/World Bank, 17-27 July 2019. To be confirmed during detailed engineering design stage. (vi) Impacts on Cultural Heritage 49. A tabu site (a 2-meter rock), was identified during site visit along the road between Tanovus village and Pelmol village. This will be protected during construction by PWD requiring the contractor to cordon the site to through construction of a clearly marked barricade around the site. (vii) Vulnerable Households 50. Income vulnerability is defined as the risk that a household or an individual will experience an episode of income or health poverty over time. (World Bank 2000: 19). World Bank defines vulnerable people4 as those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Based on this definition, there are no 4 World Bank Operational Manual 4.12, Revised 2013 Version C, November 2019 29 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road vulnerable households, including female-headed households, that were identified during the project preparation. 51. Benefits: The communities including APs will benefit through improved mobility due to upgrading of the road providing all season access as well as improved climate resilience. Consulted communities in South Santo (and West Coast of Santo) cited the following main benefits: (i) increased public transport access to the project site up to Tasiriki village daily; (ii) avoidance safety risk due to crossing flooded rivers especially for women and children; (iii) decrease of public transport fares possibly from reduced vehicle maintenance costs and increased local public transport competition; (iv) shorter and regular travel time to Luganville to access high-value markets selling cash crops such as kava, taro and vegetables in the larger markets of Luganville, Port Vila, and overseas; (v) improved access to basic social services such as education and health allowing school children to go home regularly; and (vi) improved income opportunities to the project communities through daily market trips and encourage tourism to South Santo Road. In addition, similar benefits were cited during consultations with people from West Coast of Santo who dock on Tasiriki beach to travel to Luganville and Port Vila. Version C, November 2019 30 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road IV. SOCIO-ECONOMIC INFORMATION OF P ROJECT AFFECTED PEOPLE 52. The following provides an overview of the social impact assessment and census survey results carried out during project preparation for project affected people to guide the development of this ARAP including: (i) livelihood of affected people and communities; (ii) APs living standards including their access to basic social services; (iii) magnitude of likely impacts of land and asset acquisition on the APs; and (iv) gender and resettlement impacts resulting from the project. 53. There are minor land and non-land impacts to communities from the road upgrading and three bridge realignments along the proposed SSR that could be assessed during project preparation based on preliminary design information (Table 6). Specifically, two (2) customary families who will lose lands, crops and trees, and a secondary residential structure due to the bridge realignment; and (ii) additional two (2) families who will lose an income source (a copra drier and a semi-permanent shop) due to the road upgrading. Also, two (2) community-owned assets will be affected including a public school fence and a community accommodation that will be required to move back outside the 30m road reserve. 54. The full scope of impacts will need to be assessed following detailed design. Table 6: Socioeconomic Profile of Affected People and Communities in South Santo Road Chainage/ Affected Education Estimated % Community Location/Village Person/Community Gender Level Income Source Loses of Loses A. Affected Persons Ch 36.2 1. Maniao Bridge 1. Jessie Tavoni's M Primary Agriculture Crops & Under 1% Family including kava trees, land and farming. traditional house (secondary residence). Ch 40.2 2. Okoro Bridge 2. Philp Denis' M Teriary Agriculture Crops & Under 1% Family including kava trees, land and farming. traditional house. 3 Vunavisu 3. Maile Varishi M Primary Subsistence Copra drier Under 10% of Village farmer. Income total assets from cash crops such as kava and copra, and some cattles. 4. Lui Sakari M Secondary Income comes Semi- Under 10% of from shop, kava, permanent total assets selling vegetables. shop B. Affected Communities Ch 40.2 1. Okoro Village 1. Okoro Village N/A N/A N/A Community N/A accommodatio n 2. Ebenesa Village 2. Ebenesa School N/A N/A N/A Wire fence N/A (800 m) 55. Livelihood. Two APs (Family of Jessie Tavoni and Philip Denis) are primarily engaged in larger scale agricultural production particularly kava plantations. South Santo is known for its kava and there is a resurgence of local and international demand after almost 10 years of decline. The two affected customary landowning families have about 2,000 and 5,000 ha each of lands with about at least 2-3 ha planted with kava. Kava is increasingly becoming a lucrative business in this part of Santo where currently more people prefer to plant kava than the traditional cash crops (coconut and fruits and Version C, November 2019 31 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road vegetables). Both the owners of copra drier and store rely on selling cash crops such as kava, copra, and other agricultural produce for income. 56. Migration. The four (4) identified APs and two (2) communities owning affected structures are local customary people from this area. 57. Education. All four (4) APs have at least primary (Year 6) level education. With one AP (former Santo Member of Parliament) completing at least tertiary education. 58. Access to Health Services. All four (4) APs seek medical attention from local clinics or to the national hospital in Santo. 59. Energy Use. The APs in this area, similar to most villages in this region, use solar power for lighting and firewood for cooking. 60. Access to Road and Transportation. APs generally use public vehicles (small trucks converted as passenger vehicles) to transport their produce to the main markets in Luganville. Travel from the farthest section of the road (Tasiriki village) takes about 2-3 hours or more. 61. Source of Drinking Water. Commonly APs rely either on rain water or gravity-fed water source for drinking. The majority of the water supply systems are located in the village outside the road corridor. These include water supply/intakes, pipes which cross the road in a number of places, and community standpipes. Detail design need to consider protection or improvement of the existing water pipes crossing the road. 62. Energy Use. The APs in this area use solar power for lighting and firewood for cooking. 63. Communication. All APs have access to mobile phones to connect to families and services. There are at least one cellular tower (Digicel) in the project area. 64. Access to Road and Transportation. APs generally use public vehicles (4 x 4 trucks converted as passenger vehicles) to transport their produce to the main markets in Luganville. During the consultations, the communities including APs have consistently highlighted the great need for fixing the bridges and the road that cause great hardships for men, women and children in the area. 65. Boats and canoes are used around the area mostly for fishing and leisure, but rarely as a menas of transportation to Luganville town. Gender Impacts, Needs, Priorities of Women APs 66. Women’s roles in Vanuatu particularly in the project site include carrying out household chores such as cooking and collecting drinking water, taking care of the children, and maintaining and harvesting garden produce. Both men and women (husband & wife) are commonly responsible for clearing the land for food gardens, assisting with tending the garden, and selling the harvest to markets and commonly decide priority for household budget. During the conduct of socioeconomic survey5, the majority of both men and women interviewed, indicated an increasing trend toward joint decision making in all aspects of life. This is a major shift in mental thinking, where cultural practices in the past the majority of decisions were always left to the men. 67. Women can often experience disproportionate impacts associated with road rehabilitation and maintenance projects particularly in areas of road/pedestrian safety and public health. Women along the 65km South Santo Road and the project impact communities in the upland areas of SSR, and West Coast Santo, are keen in upgrading the road and bridges for improved safety, access to better educational 5 PWD and Safeguard Team socioeconomic survey conducted between 24 September to 2 October 2019 . Version C, November 2019 32 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road facilities and health services including maternal and child care, and improve market access linking them to Luganville. The project is committed to ensuring effective engagement and participation of women during planning, rehabilitation, and ongoing maintenance activities to be reflected in a gender action plan to be prepared by the contractor. Women consulted during a series of female focus group discussions in September 2019 raised concerns about anti-social behavior of contractors, increase of gender violence, potential for poor pedestrian safety, lack of road access provision for people with disabilities, and their ability to access job opportunities associated with the project. Version C, November 2019 33 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road V. KEY STAKEHOLDERS , CONSULTATIONS AND PARTICIPATION 1. Stakeholders 68. There are three key stakeholder groups in the project: (i) Government stakeholders including the provincial government, the local level government including the Area Administration, and national government departments including MIPU/PWD, Ministry of Lands and Natural Resources, Customary Lands Management Office, and Ministry of Finance and Economic Management. (ii) Communities particularly APs, traditional leaders including village, area council and provincial council chiefs (Malvatumauri), men and women including the youth living along and around the road, and the public including road users, bus-owners, private vehicle owners, and public transport service providers; and (iii) Civil society including community women and youth organizations, and church organizations as key stakeholders in the project area thus will be interested in being consulted and involved in project activities. 2. Consultations Held 69. Consultations were carried out with the aim of providing meaningful consultation with stakeholder groups and to provide an opportunity for all parties to provide input into VCRTP. The meetings targeted four groups of stakeholders: (a) provincial government agencies and development partners in Port Vila and Luganville; (b) NGOs and civil society groups; (c) the South Santo Road and West Santo community members, women members and leaders, and tribal chiefs; and (d) Affected Persons). 70. Thirteen (13) stakeholders’ consultations, estimated to be attended by over 200 community members, community organizations, market vendors’ association, and women community groups were conducted by PWD/MIPU. PWD/MIPU were assisted by the Provincial Custom Lands Officer, Provincial Lands Officer, and Provincial Planner from 17 September to 2 October 2019. PWD/MIPU led consultations with community leaders particularly with traditional leaders such as village chiefs, chiefs from different area councils, and provincial council of chiefs, youth representatives, and potential APs from 24 September to 2 October 2019. Women community representatives were separately consulted between 18 to 27 September 2019. (See Appendix 3. Minutes of Meetings and Attendance List). 71. During these consultations, participants were informed of the project scope, including potential clearing of crops and trees due to the road upgrading and realignment of three bridges. Also, participants were consulted regarding their expected benefits and concerns, if any, regarding the proposed project scope. Moreover, participants or consulted stakeholders were also informed about the 30-meter road corridor and potential to clear up to this road width. 72. During community consultations, participating communities and APs expressed strong support for the road and bridge improvement (Table 7). Although they will have to harvest, relocate, or lose some planted trees due to the bridge realignment and road upgrading including clearance of the 30 meter corridor for the road works, APs consider these as minor compared to the expected significant project benefits including: (i) comfortable and shorter travel time to and from Santo; (ii) improved public safety; (iii) increased access to larger Santo and Port Vila market; (iv) improved access to basic social services, e.g., health and education; and (iv) significantly reduced risk of injury and fatalities resulting from river crossing during rainy season. An additional benefit highlighted by SSR communities is the Version C, November 2019 34 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road benefit to remote Santo West Coast people (approx. over 3,000) who travel by boat (as long as 8 hours) to Tasiriki to reach Luganville regularly to sell products and during medical emergencies. 73. After community consultations, owners of potentially affected land and non-land assets were consulted. Relevant village chiefs prior to these consultations were consulted to investigate the. presence of land disputes and to investigate the right customary land owners to consult in each site. 74. Information about the project grievance redress mechanism - particularly on whom to contact regarding complaints or questions was publicly discussed during these consultations. Table 7: Summary of Stakeholder Consultations Organization Contact Notes 1. World Bank and MIPU Dung Anh Hoang, Senior Discussed project scope, priorities, Transport Specialist, World deadline. Bank Andre Iatipu, Deputy Director, MIPU 2. Sanma Province and Relevant Albert Ruddley, Secretary Discussed road works priorities, scope, Agencies General, Sanma Province, timing and required support for South together with 14 provincial Santo Road Project. and municipal government officials Expressed strong support for the project and willingness to assist with community consultations by appointing provincial officers to assist the PWD Safeguards Team. 3. Provincial Lands Office Manses Fatdal, Senior Land Options for securing required lands Officer with Lands Surveyor within the bridge realignment areas. and Geologist, Customary Land Officer, Deputy Assisted with planning and conduct of Provincial Planner, and community consultations and provided Chiefs. required information by PWD Safeguards Team. Senior Land Officer and 2 Officers (Geologist and Surveyor) joined all community consultations. 4. Tasiriki/Belmol Villages Chief (with community Discussed project scope, priorities, members and leaders, options, signing of consent form. women) Chiefs and community members (men and women) attended and expressed support for the project. Area Administrator also assisted with consultation. 5. Northern Island Market Marie Vuti, Discussed project scope, benefits, Vendors’ Association (South President concerns, recommendations and Santo Road association) Nancy Supe, Saviki importance of bridges, culverts. Village, West Coast Expressed strong support for the project 6. Department of Women’s Glorai Taleo, Desk due to expected benefits by women and Affairs Officer their families from improved mobility and its climate change resilience scope. Cited long time hope for the SSR to be upgraded. Also provided suggestions to respond to community/people with disabilities’ needs under the project. Version C, November 2019 35 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Organization Contact Notes 7. West Coast leaders and Joseph Mape (also works at Discussed project scope, benefits, community members Health Department) concerns, recommendations. (Luganville residents) Similar to SSR consulted communities, leaders expressed strong support for the proposed project and realization of their long term hope to have the SSR upgraded. 8. Nakere and nearby Area Council, Discussed project scope, benefits, communities Chairperson concerns, recommendations. Expressed strong support for the project including willingness to provide all support required by the project from the chiefs and community groups. 9. Community women’s Glorai Taleo, Desk Discussed project scope, benefits, groups (Vimele, Tangoa, Officer concerns, recommendations. Naranngo, Vunavus, and Pelmol villages) Expressed strong support for the project and confirming benefits for women groups and their families and communities. Willing to provide all support required by the project from them. 10. South Santo Landowners Area Secretary of South Discussed project scope, benefits, and Land Lease Claimers Santo concerns, recommendations and signing of consent forms for realignment 11. Individual meetings with Jessie Tavoni (Maniao Discussed project scope, benefits, AP Bridge) concerns, recommendations. Conducted joint asset inventory. Expressed strong support for the project including willingness to provide support including required land for realignment, clearance of crops, moving back of structures from the road reserve. 12. Individual meetings with Philip Denis (Okoro Expressed strong support for the project AP Bridge) including willingness to provide support including required land for realignment, clearance of crops, moving back of structures from the road reserve. 13. Individual meetings with Individual meeting with Conducted joint asset inventory and affected school Deputy Principal of measurement from centreline to fence. Ebenese School Expressed strong support for the project including willingness to provide support including required land for realignment, clearance of crops, moving back of structures from the road reserve. 14. Meeting with landowners Land owners from Strong support expressed for the project for bridge realignment Maniau and Okoro and full acceptance of voluntary land lands Villages donations for realignment and donation of seedlings and assistance from GoV to help replant any lost crops. Version C, November 2019 36 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road VI. POLICY AND LEGAL FRAMEWORK FOR LAND ACQUISITION & RESETTLEMENT Vanuatu Laws 75. These laws include the relevant provisions of the Constitution of the Republic of Vanuatu, legislation relating to land leases, management of customary land, and other acquisition and land ownership laws that are relevant to the VCRTP. These are detailed below. Constitution of the Republic of Vanuatu 76. The Constitution of the Republic of Vanuatu (the Constitution) is the source of modern land law and sets up the key provisions for land ownership, land management and land status. Under Article 74, the Constitution provides that “the rules of custom” form the basis of land ownership in Vanuatu and all land was nominally returned to customary ownership at independence from colonial rule in 1980. Further Articles of the Constitution emphasize importance to custom and custom owners in land tenure and land use. Article 80 also allows the government to own land acquired by it in the public interest. In general, there are two distinct categories of land in Vanuatu: (a) customary land which is land identified, marked and known by its owners and occupiers and the ownership is based on custom (kastom), and (b) leased land which is land converted into a lease, but ownership still rest with custom owners, have been surveyed and marked and registered in the land records of Vanuatu and have placed on them a modern legal status of ‘indefensibility’ of title. State land 77. Within the category of leased lands there is one category where land is classed as ‘state land’ (or ‘Public land)’. These are land spaces which are marked and identified and mapped and are recorded in the same manner as leases, but are owned controlled by the State (government). These are spaces that usually accommodate services and facilities such as roads, hospitals, schools, airports, wharves, public facilities, sports fields and similar infrastructure, meant for public purposes. State lands are often classified as “special leases.” There are other lease types such as commercial, industrial, residential and agricultural. Infrastructure such as roads is envisaged to be built on state land. Land Leases Act [CAP. 163] 78. The Land Leases Act is the primary legislation that provides for the leasing, management and administration of land dealings in Vanuatu. Under this law, the system for creation, management, administration and enforcement of leases is defined. The Act gives necessary powers and duties to the Minister of Lands and Director of Lands for the management and administration of leases. For persons who have leases in Vanuatu, whether as an individual, corporation, organisation or group, the Act provides security over their leases and regulates the contractual relationship that is established under a lease instrument. An important administrative body is established under the Act, the Land Management and Planning Committee (LMPC), whose role it is to process, determine and recommend approvals of leases to the Minister of Lands. Public Roads Act No. 35 of 2013 79. The Public Roads Act provides for the designation, planning, administration, construction, and maintenance of public roads. The Act defines the road reserve as:6 (a) land that is set aside for the purposes of a road and within the boundaries of the road, 6 Republic of Vanuatu, 2013, Interpretation of road reserve Version C, November 2019 37 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road (b) Where there are not clearly defined boundaries identifiable by cadastral map or by a survey recognised and recorded by the Department of Lands, the boundaries of the road is to be determined as: (i) 15 metres either side of the centreline for an arterial road; or (ii) 10 metres either side of the centreline for a feeder road or an urban road, unless there is an existing agreement on boundaries between the Road Administrator and the landowner adjoining the road 80. The Act defines road users as “people who use the road including drivers and passengers of vehicle transport, public transport users, pedestrians and cyclists.”7 Although the Act was gazetted in 2013, the Minister of Infrastructure and Public Utilities is still to commence implementation of this Act as it will require significant budget support. Land Acquisition Act 1992 [CAP. 215] 81. The Land Acquisition Act sets out procedures for exercising the government’s powers to acquire land in the public interest. The first step is a decision by the Minister that particular land is required for a “public purpose”, which the Act defines as “utilization of land necessary or expedient in the public interest and includes a purpose which under any other written law is deemed to be a public purpose.”8 It establishes a procedure, from initial notification and investigation to notice of intended acquisition, appeals, inquiry into compensation, further appeals, payment of compensation and taking of possession. The Act allows the government to acquire both customary and leased or alienated land, but in practice the government usually negotiates with landowners to avoid compulsory acquisition. Land Acquisition (Amendment) Act 2014 (No. 31 of 2014) 82. The Land Acquisition (Amendment) Act 2014 amends the Land Acquisition Act 1992, with the inclusion of a new section (7A), which gives power to the Minister to stop an acquisition process if he or she is satisfied that the proposed acquisition could be detrimental to the State. It also amends Section 9 on matters to be considered in determining compensation. 83. The Minister may direct the acquiring officer to investigate in the suitability of land for acquisition and to serve notices of investigation or intended acquisition on the custom owners or persons interested in the land. The Minister shall decide whether that land or easement shall be acquired, after having heard possible objections of owners and the acquiring officer's recommendations on those objections. Where the Minister decides under Section 4 that a particular land or easement should be acquired under this Act, he or she shall make a written declaration to that effect. Other provisions concern compensation and other procedures for the taking of possession by the State and appeals to the Supreme Court. Land Reform Act [CAP. 123] 84. The Land Reform Act specifies that all land titles will be customary held by traditional owners, whose lineage can be traced back 200 years. It separates and makes important distinctions between indigenous owners and non-indigenous land users. This was a law that was enacted in the early 1980s to allow the Minister of Lands to act on behalf of customary land owners on lands which are in dispute but have actual developments and dealings occurring on them. 7 Republic of Vanuatu, 2013, Interpretation of “road users” 8 Republic of Vanuatu, 1992, Land Acquisition Act, Part I, Interpretation of “public purpose” Version C, November 2019 38 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Customary Land Tribunal Act No. 7 of 2001 [CAP. 271] The Customary Land Tribunal Act legislated a new system for dealing with customary land disputes. It establishes the process for Land Tribunals to be set up from Village, Area and Island Land Tribunals. However, this Act was since repealed in 2013, and new legislation for managing customary land disputes is now in place. Customary Land Management Act No. 33 of 2013 85. The Customary Land Management Act passed in 2013, to install a new system and procedures for the resolution of land disputes over customary land between disputing parties. It establishes a process of managing and resolving land disputes. It required a new office to oversee, implement and enforce the new legislation, called the Customary Land Management Office (CLMO). It is now formalised that customary institutions termed ‘nakamals’ and ‘custom area land tribunals’ will resolve customary disputes. This Act substitutes the jurisdiction of the formal courts to resolve customary land matters. Formal courts still have jurisdiction to deal with matters relating to land that are subject to the Land Leases Act [CAP. 163]. When a properly constituted decision from a nakamal becomes recorded, interests in land that are binding in law and are not subject to appeal to, or judicial review by, any Court of Law. Any new and fresh disputes by parties over customary land must be channelled through the CLMO. 86. Based on the above Acts, there are five options available within the laws of Vanuatu to obtain customary ownership and use of land in the country: (i) Through bloodline – descendants; (ii) Through “a will” of a custom land owner; (iii ) Perpetual right to use the land through the consent of the land owner; (iv) By a formal lease to the land owner; and (v) through the Compulsory Acquisition Act for public interest. The first three options are transactions through the traditional governance system, and the government could use Options (ii) and (iii) process for acquiring land for public interest. Both had been used for public institutions such as schools, health centres, etc. Option (ii) will involve voluntary transfer of ownership to the government, through custom ceremonies, involving exchanging custom gifts (e.g., pigs, mats food, etc., according to the custom of a particular area) in exchange for the land. There is also a process that guides the decision making in disputed customary lands through the local land courts (Nakamals) under the Customary Land Tribunal Act No.7 of 2001 [CAP.271]. It legislated a new system for dealing with customary land disputes. It also establishes the process for Land Tribunals to be set up from Village, Area and Island Land Tribunals. This process allows land disputes to be elevated to the Supreme Court if local customary land courts could not make a determination on customary ownership. World Bank Policy 87. The World Bank has a series of Operational Policies (OP) and Bank Procedures (BP) relating to social safeguards which outline that project designs are to be informed by appropriate social assessments. The current policies and procedures for social safeguards are summarized in Table 6 below, which highlights those that have been triggered and the relevance of the respective safeguard policy for VCRTP. The table shows that there is one policy that are have relevance to VCRTP, and while not all are currently triggered, they will be addressed in this PESMP to account for potential future changes. Table 8: World Bank Operational Policy OP Operational Policies Triggers Relevance to VCRTP 4.10 Indigenous Peoples “when Indigenous Peoples are the Applicable: sole or the overwhelming majority In the case of the project, because of direct project beneficiaries, the Indigenous Peoples are the elements of an IPP should be overwhelming majority of direct included in the overall project project beneficiaries, a separate Version C, November 2019 39 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road OP Operational Policies Triggers Relevance to VCRTP design, and a separate IPP is not IPP has not been prepared. required.” Instead, the elements of a IP Plan have been integrated into the project's overall design. They include: (i) Free, prior, and informed consultation leading to broad community support during project preparation; (ii) Measures to ensure culturally appropriate processes and benefits; (iii) Measures to ensure that adverse impacts are mitigated and (iv) Measures for disclosing key project documents in a language understandable to them. 4.12 Involuntary Resettlement Direct economic or social impacts Triggered. Involuntary that are caused by: resettlement expected. Land (a) involuntary taking of land acquisition (bridge realignment (including non-land assets) sites) and customary lands that resulting in (i) relocation or loss of maybe required outside the road shelter; (ii) loss of assets or access reserve due to the road upgrading, to assets; (iii) loss of income but this will be via informed sources or means of livelihood, consent by the customary land whether or not the affected persons owners. 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 persons. 88. The VCRTP is a category B project under WB involuntary resettlement screening guidelines and requires preparation of this Land Acquisition and Resettlement Action Plan (ARAP). Due to the nature of the project it is expected that social impacts will be site specific, few if any are irreversible, and mitigation measures can be readily designed and implemented. In accordance with the WB Operational Policy 4.12 Involuntary Resettlement Assessment this ARAP includes information on mitigation, monitoring, capacity development and training, and implementation costs. The ARAP outlines the potential involuntary resettlement impacts and the measures needed to prevent, minimise, mitigate or compensate for adverse impacts caused by the project. Policy GAP Matrix 89. Using the table below (Table 9), a comparison was conducted to identify the key differences between World Bank’s Operational Policy 4.12 and Vanuatu’s laws on land acquisition and resettlement. Any gaps between the Vanuatu laws and the WB OP 4.12 will be resolved in favour of the WB OP 4.12. Table 9: Comparison of Land Acquisition and Resettlement in Vanuatu and WB OP 4.12 ID WB OP 4.12 Safeguards Vanuatu Law Resolution Ensure all resettlement and land Avoid resettlement There is no minimum standard that requires acquisition and impacts on community 1 impacts wherever possible the projects to avoid resettlement impacts. and business/ productive interests are avoided, wherever possible. Version C, November 2019 40 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road ID WB OP 4.12 Safeguards Vanuatu Law Resolution Ensure all resettlement and land Minimise impacts by There is no minimum standard that requires acquisition and impacts on community 2 exploring project design the projects to minimise land acquisition and business/ productive interests are alternatives and impact on the community. minimised by design, wherever possible. Compensation is determined based on Compensation for losses by land Enhance, or at least issues including land type, crops etc. It also owners and leaseholders will be restore, the livelihoods of does not necessarily require that considered in the entitlement. 3 all APs/DPs in real terms compensation be provided and that Land is valued by Valuer General (VG) relative to pre-project conditions of the affected people be the in Ministry of Lands and Natural levels same level or better than pre-project Resources (MLNR). The VG will be situation used (refer ID 8). Improve the standards of WB OP 4.12 will be to used to ensure Laws and practices in Vanuatu do not living of the affected poor assistance will be provided to recognise the standards of living of the and other vulnerable vulnerable APs, if any identified, to 4 poor and vulnerable, in determining people. It covers both ensure that living standards are the compensation for land acquisition and economic and physical same as, or wherever possible better resettlement. displacement than, pre-project levels. Laws and practices in Vanuatu, relating to Government capital works projects, require that the project budget consider and WB OP 4.12 will be enforced to Screen the projects includes associated resettlement and land recognise resettlement impacts and 5 resettlement impacts and acquisition costs. However, there are no risks, including through this ARAP and risks early in the project other assessments of resettlement impacts subsequent updates. required prior to budget approval, hence capital works commencing. The law, and current practices, does require Carry out meaningful the land acquisition and relocation orders to consultations with be disclosed several times over radio and in participation of APs/DPs, the printed media over a one-month period, WB OP 4.12 will be in use to ensure inform all APs/DPs of as well as display on-site. However, there is that the prepared ARAP and its 6 their entitlements and no recognition of vulnerable groups nor the implementation will require a level of resettlement options. Pay consultation with, or participation of, participation and consultation. particular attention to the APs/DPs at any part of the process, except needs of vulnerable in the case of people given opportunity to groups make objections. WB OP 4.12 will be enforced to ensure Vanuatu has a grievance redress system for an appropriate multiple level grievance general village matters, backed by the Establish a grievance redress system, which allows AP/DP 7 chief. Redress has also been set up at redress mechanism participation, relatively rapid action and Provincial level, through the Customary results, as well as encompassing Land Tribunal. existing grievance procedures. In Vanuatu valuation of land is stipulated by Law, and is conducted based on several factors regarding that specific plot of The VG will be used to determine Improve, or at least restore affected land such as lease and ownership compensation requirements relating to the livelihoods of all type; location of property; amenities; land, land-based income losses. All APs/DPs through (i) land- market price of nearby properties; physical other compensation, such as non- based resettlement or cash land characteristics; and intangibles agricultural business entitlements will compensation at 8 be at the existing market rates. replacement value as The law specifically points out times for relevant, (ii) prompt disclosure prior to valuation, time for At the end of the disclosure period, as replacement of assets, and objection to valuation and acquisition of soon as practicably possible, as per WB (iii) prompt compensation lands and assets. However, the law does OP 4.12, compensation will be at full replacement cost. not provide any clauses for compensation, provided promptly. income restoration and entitlements to be provided to the AP/DP in “prompt” manner. Provide APs/DPs with In Vanuatu, land acquisition, resettlement needed assistance WB OP 4.12 will be enforced in and compensation for land-based losses are including i) if there is supplementing the Law of Vanuatu, in included under the law. However, impacts 9 relocation, secured tenure order to cover transition assistance on landowners or leaseholders are less clear to relocation and better requirements, landowners or and there is no recognisable transitional housing; ii) transitional leaseholders, as required. support mechanism under the law. support and development Version C, November 2019 41 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road ID WB OP 4.12 Safeguards Vanuatu Law Resolution assistance; and iii) civic infrastructure and community services as required Develop procedure in a This aspect of the WB OP 4.12 relating As a project under the Government of transparent, consistent and to “Negotiated land acquisition” is not Vanuatu, all lands by law must be acquired 10 equitable manner if land applicable. Therefore, Vanuatu laws for capital works, based on the orders of the acquisition is through and practices will be adopted for this Minister for Lands. negotiated settlement purpose. Prepare a ARAP Land acquisition and resettlement and elaborating on APs/DPs compensation is carried out focusing on WB OP 4.12 will be enforced to ensure 12 entitlements, income and affected households and the values of the an RP is prepared and is updated at the livelihood restoration land and structures affected. However, an time of detailed design. strategy ARAP is not specifically required. Although the Law does not require an actual ARAP to be prepared, its clauses do necessitate notices and official valuations This practice will be maintained in by the MLNR to be prepared. The law, and addition to the ARAP being disclosed Disclose a RP in an current practices, also requires that land on the government website. If APs are accessible place and a acquisition and relocation orders for a found to have low literacy a further form and languages 13 specific site be disclosed several times over disclosure through public meeting may understandable to the radio and in the printed media over a 1- be held. Key principles, entitlements APs/DPs and other month period, as well as display on-site. and GRM will be disclosed to people in stakeholders However, only the radio would be useful affected areas through consultation and for the illiterate to become informed of any disclosure meetings. pending land acquisition and resettlement activity on a specific site The MLNR does have a large budget for land acquisition and resettlement for capital Laws and practices in Vanuatu, relating works projects allocated on an annual basis. to government capital works projects, Conceive and execute Government agencies will develop their require that the Project budget consider, resettlement as part of a 14 work plans for the following fiscal year. At and includes, associated resettlement development project or this time, proposals for projects where land and land acquisition costs. program acquisition is involved should be submitted. This is subject to the approval of No supplementary measure required. the Council of Ministers Compensation is to be provided after a period of disclosure and a period for WB OP 4.12 will be enforced to ensure Provide compensation and objection has finished. However, land acquisition, resettlement and / or other entitlements before legislation does not clearly state that 15 compensation measures are completed physical or economic compensation will be provided prior to prior to commencement of displacement commencement of construction, which construction. would force. physical/economic displacement impacts to occur. WB OP 4.12 will be enforced to ensure Monitor and assess that internal monitoring and evaluation There is no specific clause in the law of resettlement outcomes and program is set up for this project. Vanuatu that required monitoring and 16 their impacts on the Although not currently expected, assessment of APs/DPs during or after land standards of living of external monitoring program may be acquisition and resettlement commences APs/DPs required if land acquisition and resettlement impacts are required Version C, November 2019 42 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road VII. ENTITLEMENTS 1. Eligibility 90. As per the WB Policy 4.12, the following affected persons are eligible for replacement to damages resulting from construction as a result of impacts from the project: (i) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of Government of Vanuatu); (ii) those who do not have formal legal rights to land at the time the sub-project is identified but have a claim to such land or assets -- provided that such claims are recognized under the laws of Government of Vanuatu or become recognized through a process identified in the ARAP; (iii) those who have no recognizable legal right or claim to the land they are occupying. These persons are provided resettlement assistance instead of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives of the World Bank Involuntary Resettlement Policy OP 4.12, if they occupy the project area prior to a cut-off date established by Government of Vanuatu and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance; and (iv) All persons included in (a), (b), or (c) are provided assistance or replacement for loss of assets other than land. 2. Entitlements 91. The entitlement matrix presents forms of compensation and assistance to be provided to affected people as part of the ARAP implementation. The entitlement matrix will be review and revised as needed when the ARAP is updated following detailed design. The entitlements may be improved or more detailed guidance included as needed to meet actual needs, however, the standards of entitlements may not be lowered. 92. The eligibility and entitlement for affected persons are summarized in Table 10 below: Version C, November 2019 43 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Table 10: Entitlement Matrix Type of Impact Entitled Person(s) Entitlements Implementation Considerations Loss of land Customary land owners Replacement land provided such is available and For road realignment, replacement land could be in the form of acceptable to the affected person. transfer of land from the previous road alignment (effectively a land swap), provided that the previous road alignment section is OR contiguous with affected person’s land, is not occupied by other persons, is technically viable and acceptable to the affected person. Compensation in kind in a form acceptable to the affected person. Any voluntary donations are to follow the project’s Voluntary Land Donation Protocol. OR Only land losses that represent marginal losses (less than 10%) can Alternatively, the affected person may agree to be considered for VLD. VLD will be accompanied by customary voluntarily donate the land without compensation ceremonies and gifts such mats and pigs, acceptable the affected or with partial compensation in forms mentioned person to be provided by the Government. above. Loss of main Owner of structure Compensation in kind with building materials at Compensation in kind with building materials in types of materials structures (houses, replacement value plus associated costs for and quantities acceptable to the affected persons at least sufficient to shops or similar) construction and related transactions. replace lost asset. Loss of secondary Owner of structure Secondary structures that cannot be feasibly structures (fences, etc) moved will be compensated in kind at replacement value. Loss of trees and crops Owner of trees and crops Compensation for trees and crops in kind. Productive trees will be compensated at the rate of five seedlings to one mature tree. Alternatively, based on consultation, APs may opt to receive different types of trees or planting materials. Advance notice will be given to enable annual crops to be harvested before the land is to be cleared. Disturbance of land Land /structures Restoration of land by contractor. Adjacent land disturbed by road or drainage works will be restored during works owners/users within 7 days. Unforeseen or Land users Determined as per the principles of the World unintended impacts Bank’s safeguards policy. Version C, November 2019 44 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 3. Other Mitigation Measures 93. The following measures will be implemented to minimize and mitigate losses together with the actions set out in the entitlement matrix. • Avoidance of damage. The Contractor will confine the civil works within a corridor of impact within the road reserve. The corridor of impact will be defined during detailed design but is to be limited to actual works needed road realignment works and road improvements. This limit guided the asset inventory validation conducted by MIPU/PWD’s Engineer and Social Safeguards Specialist in September 2017: • Advance notice to APs. The Contractor and PWD will provide advance notice to APs prior to commencement of works through individual consultation informing them about the road rehabilitation and maintenance, and bridge realignment works. Also issuance of a formal Notice to move back or re-plant their crops outside the road carriage way. • PWD/MIPU-led damages approach. Pre-works replacement of damages to assets that could not be avoided will be provided PWD/MIPU to the APs. Replacement of affected non-land assets and performance of customary ceremony for donating customary land to the project will be confirmed by PWD/MIPU prior to commencement of works. Prior to clearing, the contractor will confirm with AP if their assets will still be removed by the contractor and compensation/replacement of damaged assets will be provided at least 2 weeks prior. Once compensation/replacement of damaged assets to APs is confirmed by PWD/MIPU, PWD/MIPU will provide the Contractor notice to proceed with removal of affected assets to commence with construction work. • For land assets, performance of customary ceremony between MIPU/PWD and the AP will need to be conducted prior to commencement of works. Version C, November 2019 45 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road VIII. COMPLAINTS AND GRIEVANCE MECHANISM 94. During the course of these proposed works, it is possible that people may have concerns or grievances with the project’s performance which may include any aspect of the implementation or an activity or a component of the project. Issues may occur during project preparation, design, construction and again during operation. Any concerns will need to be addressed quickly and transparently, and without retribution to the affected person (AP) or group of people involved. 95. Complaints can be made through different channels, such as the traditional and culturally responsive local practice of using the local chiefs as the priority contact. The chiefs represent tribal groups/clans in the community. Complaints can also be made online, phone, in-person, the local GBV/Human Trafficking/SAE Service Provider, the manager(s), or the Police. Complaints should be able to be made in different ways such as online, via telephone or mail, or in person. Anonymity should be ensured if the complainant so desires it, especially about GBV/Human Trafficking/SAE. 96. This GRM has been developed to satisfy both Vanuatu legislative and WB GRM requirements as well as being developed in line with the Country Safeguard Systems. This GRM is also integrated into the Project level GRM described in the ESMP and ESIA. If there were a need to use the GRM then the following process is to be used. 97. Complaints: Minor concerns or complaints that are given verbally to the Contractor or Supervision Engineer on site, the process would commence with an attempt to sort out the problem directly at the subproject level between the Contractor and the concerned individual or community. 98. Most complaints arise during construction are expected to be minor complaints concerning traffic, dust or noise that should be able to be resolved quite easily. All complaints arriving at the Contractors Site Office are to be forwarded to the Contractor’s Community Liaison Officer (CLO) and entered into the complaints register that is maintained by the Contractor and kept at the site. Details recorded will be: date, name, contact address and reason for the complaint. A duplicate copy is given to the AP for their record at the time of registering the complaint. The register will show when the issue is to be dealt with and who has been directed to deal with the complaint, the date that the AP was informed of the decision and how the decision was conveyed to the AP. The register is then signed off the person who is responsible for the decision and dated. 99. For most complaints, if immediate resolution is achieved and the complainant is satisfied, the matter will be recorded in the site diary and reported in the regular monthly report submitted and considered closed. 100. Grievances: If the issue cannot be resolved at the complaint level then it will be considered to be a grievance and will be addressed by being referred by the Contractor or Supervision Engineer toward the Community Liaison Officer (CLO) within the PIU. The CLO will be the manager of the GRM. The CLO will log it into the ‘Grievance and Complaints Logging System’ (GCLS) database for tracking and reporting on resolution. In accordance with the World Bank’s ‘Citizen Engagement’ commitments under IDA 17, key indicators from the GRM are published online at the VCRTP project website. 101. All complaints must be acknowledged within 24hrs. The following procedure is followed to address complaints: Version C, November 2019 46 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 102. GCT: The VCRTP Code of Conduct and Action Plan for the Prevention of GBV, Human Trafficking, and SAE detail the specific GRM processes and responsibilities. The project shall establish a ‘GBV Compliance Team’ (GCT). The GCT will include, as appropriate to the project, at least four representatives as follows: the VCRTP PIU Community Liaison Officer, an appropriate Contractors representative, the supervision engineer and, a representative from the GBV/Human Trafficking/SAE service provider. 103. WB Level Resolution: In addition to the above project level GRM, communities and individuals who believe that they are adversely affected by a WB supported project may submit complaints to the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. 104. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the WB’s attention, and WB Management has been given an opportunity to respond. 105. For information on how to submit complaints to the World Bank’s corporate GRS, please visit http://www.worldbank.org/GRS. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. . Version C, November 2019 47 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road IX. RESETTLEMENT FUNDING ARRANGEMENTS 106. The budget to implement the ARAP is estimated to be VT5,559,174 (USD 55,441). This estimate is based on a preliminary assessment of project impacts during project impacts and on the principle of replacement cost. During project implementation and following detailed design, the ARAP budget costs will be updated based on actual impacts, agreed modes of compensation and updates of relevant unit costs. 107. The costs to implement to ARAP, including payment of compensation, will be provided by the Government of Vanuatu as counterpart funding for the project. 108. The Table 11 below presents the ARAP budget estimate. Version C, November 2019 48 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Table 11: Estimated Budget for ARAP Implementation Summary of Affected Persons and Loses - Sarakata End of Seal to Tasariki (26 September - 2 October 2019) Chainage/ Location Affected Affected Within Rate Amount Amount Community Persons Assets Road Qty (VT) (VT) (USD) Reserve A. Crops and Trees 1. Maniao Ch 36.2 AP No. 1 No 16,765 286,215 2,555.17 Bridge 2. Okoro Ch 40.2 AP No. 2 No Bridge 8990 104430 932.12 8,990 104,430 932.12 Sub-Total 495,075 4,419.41 B. Structures Traditio Ch 36.2 Maniao Bridge 1. AP No. 1 nal No 1 50,000 446.43 house 2. Okoro Commu Ch 40.2 Okoro Bridge Village nity No 1 150,000 1339.29 Accom Ebenesa 3. Public modatio Wire Village school fence Yes 1 182,000 1625.00 (800 m) Vunabisu 4. AP No.4 Copra Yes 1 150,000 1,339.29 Village drier Vunabisu 5. AP No. 5 Semi- Yes 1 350,000 3,125.00 Village permane Sub-Total nt shop 882,000 7,875.00 C. Land 1. AP No.1 1,700 Ch 36.2 Maniao Bridge No 1,700 112 190,400 1,700.00 sq m 2. AP No.2 1,700 Ch 40.2 Okoro Bridge No 1,700 112 190,400 1,700.00 sq m 3. AP No.3 Navaka Bridge 15,000 sq m No 15,000 112 1,680,000 15,000.00 (TBC) Sub-Total 18,400 2,060,800 18,400.00 D. Implementation Asset inventory 56,000 5,000 Consultations 112,000 1,000 Sub-Total (D) 168,000 6,000 (A+B+C+D) 3,605,875 36,694.41 Contingency (20%) 721,175 7,338.88 TOTAL 4,327,050 44,033 Note: (i) Land and non-land costing are estimates only and will be confirmed during detailed design stage. (ii) If APs opt for customary in-kind compensation in lieu of cash compensation, the estimates of these are set out as in the table above. Version C, November 2019 49 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road X. IMPLEMENTATION ARRANGEMENTS 1. Responsibilities to Implement the ARAP 109. PWD/MIPU is the executing agency responsible for overall guidance and project implementation. PWD/MIPU, headed by the Director-General, through the Employer’s Project Manager, implements the project and is responsible for overall planning, management, coordination, supervision and progress monitoring the implementation of the project including the ARAP preparation and implementation. PWD/MIPU, through its PIU International and Local Social Safeguards Specialists, ensures compliance with loan covenant including safeguards preparation and monitoring of the resettlement plan implementation. 110. The PIU’s International Social Safeguards/Resettlement Specialist and the national social safeguards specialists (hired by PWD) will assist PWD in preparing and implementing this ARAP. During implementation, PWD PIU will submit reports on a quarterly basis to the World Bank. Also, corrective actions are to be taken when necessary, based on close monitoring and results of grievance redress process. 111. PWD/PIU will also work together with the Department of Lands and Department of Agriculture in validating the asset inventory and valuation under this project. After provision of materials for affected assets, PWD/PIU will be responsible to monitor PWD-led impact mitigation measures, ensuring contractor has complied with WB’s safeguards requirements. 112. PWD, through its Contractor, will take the lead in mitigating impact measures including advance notice, prior replacement of affected assets and performance of customary ceremonies, and submission of replacement report to PWD prior to removal of assets. 2. Capacity building 113. During the mobilization of International/National Social Safeguards/Resettlement Specialist, a basic hands-on training plan will be prepared and implementation started for relevant staff from PWD’s Office and the PIU on: (i) World Bank policies on social safeguards; (ii) applying these in the project VCRTP; and, (iii) requirements on updating and implementing the ARAP, including community consultations and information disclosure. A PIU Community Liaison Officer (PWD staff) is to be trained by the International and National Social Safeguards Specialists during project commencement. Version C, November 2019 50 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road XI. IMPLEMENTATION S CHEDULE 114. The draft ARAP was prepared based on a preliminary project design and assessment of impacts. During project implementation the ARAP will need to be updated based on detailed engineering design and full assessment of involuntary resettlement impacts. The updated ARAP will need to be approved by MIPU and agreed by WB prior to implementation. 115. Table 12 below lists the key activities in updating and implementing this ARAP: Table 12: ARAP Implementation Schedule Implementation Timetable Implementation Responsible Main Resettlement Plan Activities Status Schedule Agency A. Land Acquisition and Resettlement Action Plan (ARAP) Preparation 1. Concept design and scope of works known for South August 2019 PWD/MIPU Completed Santo Road. 2. Conduct community consultations to confirm 19 September PWD On-going community support for the project and identify 2019 to potential concerns. construction period 3. Initial Asset Inventory. Conduct of initial asset 24 September – PWD with Completed inventory and socioeconomic survey of potentially 2 October 2019 Department of affected persons. Agriculture and Department of (Note: Only for Maniao and Okoro bridge realignment Lands with and for road upgrading and maintenance. Navaka bridge Chiefs realignment site still to be confirmed.) 4. PWD submit Draft ARAP to World Bank for review and 15 October 2019 PWD/Social Completed comments. Safeguards Consultants (PWD/SSC) 5. PWD to submit Revised ARAP to the World Bank. October 2019 PWD/SSC TBC 6. Secure consent for 102 culverts During PWD/ TBC construction Contractor/ Community Liaison Officer B. Procurement & Mobilization of ARAP Funding 7. Tender advertisement by PWD/MIPU. March 2020 PWD/MIPU TBC 8. PWD provision of estimated budget to implement the November 2019 PWD/MIPU TBC ARAP through 2020 government budget submission. 9. Contract signing and mobilization of Contractor. May- June 2020 PWD/MIPU TBC Approval of contract by National Tender Board and endorsement by the Council of Ministers. E. Updating the ARAP 10. During detailed design, review design options to During detailed PWD/SSC TBC assess and mitigate resettlement impacts. engineering design Version C, November 2019 51 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Implementation Timetable Implementation Responsible Main Resettlement Plan Activities Status Schedule Agency 11. Asset inventory validation during detail design (to February 2020 PWD TBC confirm potentially affected assets due to realignment. 12. Following detailed design, review all planned Following PWD/Safeguards TBC project works against detailed design to assess the detailed Specialist impacts of loss of land (including land use), engineering structures and trees/crops. (This includes design confirmation of no impacts on any given project works.) 13. Conduct detailed measurement surveys (DMS) and Following PWD/Safeguards TBC census for any project components that will cause detailed Specialist loss of land, land use and non-land property engineering (structures, crops, etc). The DMS will be conducted design together with affected persons and confirm affected persons and quantify losses, including severity of loss of any productive resources. 14. Conduct consultations with identified land owners Following PWD/Safeguards TBC and land users and local communities prior to and detailed Specialist following the DMS. In consultation with affected engineering persons and their communities, identify preferred design forms of compensation set out in the entitlement matrix. 15. Value all losses and mitigation measures in Following PWD/Safeguards TBC accordance with the principles set out in the detailed Specialist entitlement matrix and prepare updated ARAP engineering budget. design 16. Prepare updated ARAP document. Following PWD/Safeguards TBC detailed Specialist engineering design 17. Endorse updated ARAP for WB Review PWD/MIPU TBC 18. WB provides no objection to updated ARAP WB TBC 19. ARAP public disclosure Once approved PWD/MIPU TBC by WB F. ARAP Implementation PWD/MIPU 20. Appointment and training of provincial PWDs staff and June 2020 PWD/MIPU TBC community representatives on roles and responsibilities for implementing the GRM 21. On-ground consultation and dissemination of notices (in June 2020 PWD/MIPU TBC Bislama) about the project’s GRM in affected villages 22. Compensation to PAPs (cash or in-kind) for the re- June – July 2020 PWD/MIPU TBC aligned areas and replace affected crops and trees. Prov Govt 23. Through Contractor, to provide advance notice and June – July 2020 PWD/MIPU TBC assist with the replacement of affected assets e.g. fences. Version C, November 2019 52 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Implementation Timetable Implementation Responsible Main Resettlement Plan Activities Status Schedule Agency 24. Submit ARAP asset payment completion report to the July 2020 PWD/MIPU TBC World Bank for approval D. Commencement of civil works by contractor 25. Contractor can commence work on other parts of the August 2020 PWD/MIPU TBC road that do not involve realignment and where there are no structures and damaged crops/trees have been paid/replaced. 26. Contractor commences works on resettlement impacted August 2020 PWD/MIPU TBC areas after compensation (cash or in-kind) for land and non-land assets, submission of report and receipt of “NO” from the WB. 27. Advance notice before commencement of works, During Contractor TBC completion of payment of damaged assets, as required, construction for unforeseen damages and losses. Version C, November 2019 53 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road XII. MONITORING 116. In accordance with the World Bank Operational Policy 4.12 and the Laws of Government of Vanuatu, the monitoring will focus on the following: (i) Verify that the baseline survey of project affected persons is carried out, damaged assets have been valued, and replacement of assets and customary ceremony have been provided or carried by the project; (ii) Assess the delivery of assistance and payment to APs to ensure timely and fair payments; and (iii) Assess the implementation and functioning of grievance mechanisms. This will include monitoring the nature of grievances lodged to identify trends, monitoring stakeholder satisfaction with outcomes, and tracking the responsiveness, and expedient resolution of grievances. 117. Based on the ARAP, the Government of Vanuatu though PWD/MIPU will monitor all activities associated with provision of applicable replacement or customary payment to APs as per government and World Bank Policy guiding the implementation of this project. The Contractor will submit pre- works replacement or customary payment to PWD prior to construction. The scope of monitoring includes: (i) compliance with the agreed policies and procedures; (ii) prompt approval, allocation and disbursements of funds and payment of pre-works damages payments to APs, including supplemental compensation for additional and/or unforeseen losses; and, (iii) remedial actions, as required. The monitoring will also cover social impacts of the project. 118. PWD/MIPU, through the PIU, will maintain proper documentation of consultation process and keep relevant records of compensation payments for which it is responsible. The international social safeguards specialist will document the consultation, negotiation and transaction process. 119. PWD/MIPU will prepare and submit quarterly progress/monthly reports to the World Bank as part of project performance monitoring the process of applicable customary payment aspects. PWD/MIPU will also submit a project completion report to the World Bank upon completion of the customary payment process. Version C, November 2019 54 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road APPENDIX 1. LAND OWNERSHIP (GAZETTING OF THE SOUTH SANTO ROAD) Version C, November 2019 55 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 56 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 57 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 58 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 59 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 60 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road APPENDIX 2. SIGNED CONSULTATION /C ONSENT FORMS BY LANDOWNERS AND LEASEHOLDERS 1. Maniao Custom Landowner Consultation/Consent Form (Jessie Tavoni) Version C, November 2019 61 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 2. Okoro Custom Landowner Consultation/Consent Form (Philip Denis and Brothers) Version C, November 2019 62 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 3. Okoro School Consultation/Consent Form Version C, November 2019 63 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road APPENDIX 3. MINUTES OF MEETINGS AND ATTENDANCE LIST CONSULTATIONS WITH PROVINCIAL GOVERNMENT AGENCIES Sanma Province with Provincial Agencies Social Safeguards & Environmental Mission Meeting Minutes (1) Wednesday 18th September 2019 9:50am – 11:30am SANMA Provincial HQ Chamber Chaired by SG for SANMA Opening Prayer: Secretary for Council of Chiefs in Area 2 • Welcome and opening remarks from SG, asked all to contribute as inputs from their respective sectors will inform the assessment to be carried out for this important project • Safeguards Team introduction (Mark, Lulu, Ernest and Laisa) • Everyone else introduced themselves (see attached attendance sheet) • Mark’s Intro and Social Safeguards remarks: o acknowledged everyone’s presence and thanks SG for organizing this meeting and for their response in attending – a good representation from different sectors (no rep from Women’s Dept was present). o Mark emphasized how this meeting will inform everyone and to ensure that all are on the same page, as we’re in exciting times – We’ve just had Provincial Elections, there’ll be Sanma elections in December, General Elections early next year, etc… politi cal parties can use this project for their self-interests but we must ensure the communities are properly informed. o 31 August 2019 launching of this Project by Hon. Min. MIPU o A lot of excitements and expectations as well, asking everyone sitting in this particular room to mind their language when talking about this project, especially not to raise any expectations from community members. o This mission will help prepare document based on the assessments carried out to inform Bank and Government for its decision-making, hence consultation with you all as stakeholders including communities is a vital process in this exercise. o Seeking assistance from each sector reps for information when asked and your prompt action on this as this team are working within a very tight timeframe. o Seeking partnership between the government and custom owners/leased-land owner and community members focusing on national interests first and also the community interest. • Ernest Bani – Environment Assessment o Re-emphasized speaking in same language when talking about this project. Acknowledged the fact that all communities spoken to yesterday were excited and agreed to have this road/bridges fixed o South Santo very interesting area, water coming from everywhere. Drainage is very important to ensure the longevity if the project were to construct tar-sealed road. Information where all the water is coming from, etc will be discussed with you all and the communities. Seeking if everyone can share information they have so we can fit all the jig-saw puzzle together to help safeguards assessment to share with Bank/Govt to make good decisions to have a successful project. o Quarries: Permits, whose land? o Water Permits – need permits to divert water, etc o Camp Sites/Laydown Sites– sites along the long stretch of this road from one place to another for accommodation of workers and to store materials to be used. Company contracted will identify and inform us. Where to put their rubbish, fuel tanks, etc. South Santo is full of water, so any leakage may affect water, fishes, livelihoods. o Clearing of road sites – Engineer) will decide where road will be re-aligned, but if that is decided, it needs to be understood and agreed by affected communities that any vegetation on the road sides will need to be cleared. o These are the initial discussions, but as time goes and project progresses, the Safeguards team will continue to work with you all to ensure less conflicts over any issues that may arise Version C, November 2019 64 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road • Lulu Z Carmine – Overall Project Assessment o 62Million US Dollars – connectivity from one village to another, access to the main city o 10 Bridges and roads o Out those bridges, there’s 3 realignment (actually 2) but needs more consultation before a final decision can be made o Power-point Presentation of those 3 bridges and 1 retaining wall at Tasiriki o Proper consultation with communities will be made from tomorrow onwards until October 5 within a tight timeframe to inform and provide options to be included in the draft Assessment Report. This report informs World Bank and Government to make a decision on what are the priorities that this funding should be used for. o Workplan includes: ▪ Consultation with the 3 bridges and road alignment customary land owners and leased owners, communities. ▪ Asset Inventory of Land, Crops and trees that might be affected through this development project • LMC Town Planner mentioned that the proposed retaining wall at Tasiriki may be affected later due to climate change, but that the chiefs should work with his people alongside Dept. of Environment/Climate Change for mitigation measures such as tree planting, creepers, grasses, etc. that help to retain the foreshore. • SG suggested that because timeframe is short, it would be more appropriate to outline dates for meetings and which department should be involved to help technical personnel from different sectors in Govt to make themselves available for the consultation meetings as well. Fix a taskforce team. This outline will be followed and then members from taskforce team (reps from each sectors) could be present during those meetings. • Graham Lele (Customary Lands Management Office) re-emphasized the language to be used – especially when addressing the “compensation” aspect, that the chiefs should also pla y a big role in explaining to their people to understand that their sacrifices of land, root crops/trees in their support to this project for this road/bridge development. • Another chief also reiterated that this is the same issue with the people of East Santo, communities want a road constructed for ease of access to cities so no compensation was asked for but sacrifices were done for the sake of development. Version C, November 2019 65 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road VCRTP Consultations Attendance List Date: 18th September 2019 Venue: SANMA Provincial HQ Time: 9:50am – 11:30am Name Position Organization Contact Graham Lele Compliance MCC Customary Lands 5924419 Management Office / MCC Simeon Stanley OM PWD SANMA 589055? Matthew Walter Senior HR PSC 5382149 Tommy Kaluen Physical Planner SANMA Province 7102050 Kensley Micah Provincial Disaster NDMO 7771307 Officer Manses Fatdal Senior Land Officer Dept. of Lands 7714272 Christina Taleo Provincial Water Dept. of Water 7387296 Supervisor Shem Kalo Chief Tavuemasana Council 7576859 Sam Vula Secretary of Chiefs - Area 2 – South Santo 5726762 South Santo Joel Kalnpel PAO DARD 7793410 Hajuju Sokovatu Chief Member South Santo 7733950 Chief James Surai Secretary Tavuemasana Island 5363160 Council Paul Jamaran Area Administrator – SANMA Province 5471685/7350863 South Santo Cevaurd Riddick LMC Town Planner Dept. of Local 7500062 Authorities Albert Ruddley Secretary General (SG) SANMA Province 5390171 Ernest Bani ESS - Consultant MIPU 7747030 (Environment) Mark Bebe SSS - Consultant MIPU (Social) Lulu Carmine Social Safeguards MIPU Specialist (Consultant) Laisa Boedoro-Tari Program Assistant World Bank 7312183 Version C, November 2019 66 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Meeting Minutes with Provincial Consultation Team (2) Wednesday 18th September 2019 2:20pm – 4:20pm Lands Department Meeting Room o Mark Introduced and gave a short description about the scope of the project o Highlighted that the consultation outline that Lulu will prepare will be shared this afternoon to SG, Area Administrator and all relevant parties (Lands Dept., CLMO, Geology & Mines Dept., PWD, Environment Dept., Water Dept.) o Requested CLMO to always be present over consultations with communities especially as they’re more aware of the customary lands, custom land owners and issues. o Requesting Lands Dept. Officer to also be present o Leased titles and lessor’s information will be shared by Lands Dept. Leasing Officer to the team o Consent: Who are the land owners? Who’re the affected people along the project sites? Usually land owners. We need to know, prepare consent forms for them to sign if agree for the proposed road and bridges realignments, especially. o We need CLMO and Lands Dept. Officer’s help to identify customary groups for those bridges so a meeting could be organized for consultation and to get their consent. o Asset Inventory? Approach – no money-tie compensation, but we still need to do this to meet WB requirements o Dept. of Lands – Land o PWD – Road Corridors o Agriculture/Forestry/Livestock - Trees, Root Crops, fences o Statistics – Conduct Interview of land/custom owners o Mitigation Measures o Good Roads/Bridges o Advance notice to harvest root crops/garden o Service/Infrastructure o Consent o Land acquisition through customary compensation is a more valuable approach than monetary compensation. Those areas that they’ve given consent for the use of roads/bridges will be declared govt. land for public use. o Seedlings from Forestry Dept. and Agriculture Officers to provide technical advice and assistance in planting those seedlings. o Simeon will draft letter, and have it signed/stamped from PWD to inform the customary land owners/affected people on when to meet again to do asset inventory, census, etc. o Tasiriki, Tanlovusvus, Belmol – Thursday 19th September o Next week: Sarete, Narango and villages between – Tuesday 24th September o After Next week: Asset Inventory Version C, November 2019 67 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road COMMUNITY CONSULTATIONS Meeting Minutes – Tasiriki Village, South Santo (1) Thursday 19th September 2019 Venue: Lino Stage 10:40am – 12:00pm • The Village Chief welcomes everyone and gives the opening remarks • Area Administrator for South – Paul Mark is the MC introduces Simeon Stanley (PWD Manager) and asked Simeon to introduce the team from Luganville and Safeguards Team • Mark Bebe gives a brief history and background of the project to inform the community • Ernest Bani, briefing on environmental aspects of the project. • Simeon Stanley (PWD) briefing on options for proposed realignment of road/bridges, retaining wall. • Tasiriki Chief encouraged community to make sacrifices for the benefit of development and their future • Tommy (Town Planner – SAMNA Province) – re-emphasized what the chief had mentioned, touched a bit on the Grievance Redress Mechanism about reporting issues sooner than later • Benuel – Lands Officer– brief on land owner’s rights, property and how development can affect land/property. Not to expect monetary value for property but in-kind or should be as their contribution towards the project in order for development to proceed. • Graham Lele, re-emphasized point above and requests land owners from Navaka to Tasiriki to meet (focus group) after the main meeting today. • Sandra Andrews – Explained about consulting with land owners especially for those who will be affected for road and bridge realignments and asks for their cooperation for information for the reports and explained about tight timeframes and cooperation. • Ernest explained on the coastal erosion in Tasiriki close to road and probable options to take. Questions/Feedbacks Responses How many meters will be allowed for road width? Simeon Stanley answered that according to the Road Act, all declared roads should be 20 meters wide. Former councilor asked that for properties, if fences Simeon explained that an advance notice will always are to be put down due to development, cattle may go be given, a consent by the affected parties will need out and damage the gardens. What can be done? to be signed for realignments going through fences & property. There will be mitigation measures in place to cater for this. Can we have maps? To know where the roads will Distribution of printed maps pass? Formed Councillor mentioned they will inform us of Graham Lele mentioned Malvatumauri Council of the cultural/historical/taboo sites so it can be clearly Chiefs have asked for the whole Santo to indicate marked out in maps and mark those taboo sites for the purpose of development Version C, November 2019 68 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Meeting Minutes- Chiefs Nakamal, Sanma Province (No. 2) Wednesday 2nd October 2019 9:27am – 11:30am Purpose This meeting is purposely consulting with the South Santo Land Owners and Land Lease Claimers, to give their consent towards the Proposed Project of some new realignments of roads from Sarakata Bridge down to Tasiriki. • Sanma Assistance Planner gives the opening remarks (9:00-9:05) • Area Secretary of South Santo opens the meeting with a prayer ( 9:05-9:10) • Sanma Provincial Secretarial General welcomes everyone especially the Project’s Local Social Safeguards Consultant (Mark Bebe) and other government stakeholders. Acknowledgement of the postponement of Provincial meeting data due to passing of Sakaria Danilel (Former SG). Inform chiefs and land owners the purpose of this meeting and urging the owners their cooperation towards the upcoming Project. Also thank the Local Social Safeguards Consultant and PWD Manger of their commitment to consult communities ( 9:10-9:30:am). • Mark Bebe gives a brief history and background of the project by specifying 2 parts of the meeting: (9:30-10:00) 1. Agreement by chiefs to allow road possible for new alignment section from Sarakarata Bridge to Navota Farm 2. Concern of any business property along this new alignment section • Also he mentioned 3 options as discussed: 1. Engineers propose using the existing road with no re alignment 2. Mark and PWD Manager proposed few roads sections needs to be re alignment 3. They also proposed alignment beginning from Usa Bridge to Naoneban Bridge • He mentioned the road declaration to public roads which was announced by government to all custom land owners to be aware of • Ernest Bani, briefing on environmental aspects of the project. (10:00-10:15) - Areas where machines or camping areas need concerns from chiefs and land owners - Need permission to extract quality materials on chosen site: eg- Stone - Before works starts, project contractors must understand and comply with the project conditions. These will all be documented for the contractor to comply with. - This proposal is a government project not political forces that has to be clear (10:15-10:30) • Simeon Stanley (PWD) briefing on options for proposed realignment of road/bridges: (10:30-10:40) - Project proposal will be on the western side to Tasiriki - Government laws will be abide with the work regulations - 20 meters wide of the road section will be constructed - 10 bridges - Low points will be constructed into culverts and outlets - Claimers need to agree to allow time for the project until completion - Events of road alignment is to save time and money for new roads • Land Representative: (10:40- 10: 50) - This project needs everyone cooperation’s in order for the project to be carried out. - Allow time for the claimers to sign in their consent form • Sanma President comment: (10:50- 11:00) - Present land owners numbers show no interest of the project proposal - It is important for all land owners from Area 1 and 2 need to show their appreciation to attend whatever meeting organized • Provincial Planner, respond to Provincial President that there has been 2 consultation the past days with the same group of people at: (11:00-11:05) 1. Tasiriki Village 2. Ajoni Community 3. Today meeting with lease holders and few land owners 11:05-11:25 Version C, November 2019 69 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Questions/ Reactions Responses Family Saletui Simi fully agree by allowing the land All representatives acknowledged his support for the for any project tools or workers to access their project. boundary. It is their longtime dream, then he signed the consent form Also, he emphasize to other land owners to leave their differences and be happy for the upcoming project Mavun land owners and representatives also Same as above. responded positively and agreed for land to use as quarry sites, he also signed the consent form. Tasiriki land owner fear if the project commence, Ernest Bani stress that before the project begins, there will be community disturbance as in the past project workers will comply with the project projects workers involved with community conditions. members, e.g., marital affairs, teenage pregnancy) Tasiriki claimers raise question on how much the Mark Bebe response: new alignment will cost? - There will be a relocation process - Government compensation process - Better to have partnership between project and land owners to save enough money for more construction activities. Area 1 chief ask question that, this project can also Enest Bani response: employ member communities? - Yes it will employ individuals on every landing of the project site in different communities - Giving examples with the Efate Ring Road where Chinese company employs youth and women group to help with constructions and cook for workers - Women also works on construction sites especially to hold traffic signs. 11:25-11:30- Provincial Planner: Closing remarks Provincial SG, closing prayer Attached Photos of Participants during the consultation This session was during the open questions from the custom land owners. Responded from Sanma Provincial Planner and PWD Manager Version C, November 2019 70 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Mr Enest Bani responded to some environmental aspects and issues as concern by these claimers. These were the participants who attended the meeting Shots taken on 26/09/2019 during the consultation at Natajara Community for re alignment beginning Natjara boundary to Ajone River. All land owners and claimers signed the consent form. Version C, November 2019 71 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road FOCUS GROUP DISCUSSIONS (WOMEN’S GROUPS) Women’s Focus Group Discussion @ Tasiriki Village. (No.1) Thursday 19th September 2019 12:10pm – 1:05pm Venue: Guest House Verandah Lulu Z Carmine, the Social Safeguards Consultant, gave a brief introduction of herself and Laisa as team members for the safeguards mission. A short briefing of the Project was given and about the consultations that the team is required to carry out. Women were divided into two groups and questions were asked on benefits of the proposed project, challenges, issues and concerns they may have and recommendations over these issues and concerns. Benefits Challenges faced/Issues/Concerns Recommendations Access/Connectivity: Everyone use Rainfall can continue for up to a whole week Chief should put in rules to govern the road nearly every day to travel hence bridges will be overflowing so no villagers to uphold cultural norms and to the city and other villages. It vehicles will travel along this road. School values. would benefit all if the proposed students may get stuck when traveling along Families should help teach their roads and bridges are upgraded. this road due to bad weather. Garden produce children and manage their homes to will go rotten when heavy rain up the hills. avoid domestic issues. Tasiriki villagers have to cater for the West Road signs for crossings, villages Coast traveler’s needs of accommodation, bridges and schools. etc. Easy access to cities may trigger issues Speed bumps for villages and schools. faced with adoption of western practices resulting in traditional values and practices fading. Agriculture: This road is used to Very expensive transportation costs: Transportation costs should be takel Garden produce (Taro, 10,000vt-15,000vt for one-way trip to reduced once road is fixed. Banana, Cabbage, Coconuts) Kava, Luganville. If you’re traveling with no Cacao, Copra, seasonal fruits cargo/garden produce, you pay 1000vt for (Mandarines, Lemons, oranges, transportation cost one-way to the city with mango) to the market to be sold as up to 15 other passengers. Otherwise, only 2 income to improve livelihoods, pay women can split the total cost of for school fees, etc. transportation to the city if traveling with their garden produce (5,000vt or 6,000vt one-way fare for each – depends on the driver). Copra: Most have given up on Copra since it has been 3-4 years ago that copra prices have dropped so people are no longer producing copra. Trades/Businesses: Some villagers High transportation costs Transportation Costs should be own retails shops so they use the Delays in getting cargo in on time due to bad reduced once road is fixed road to travel to the city to pay for weather their cargo and other items. Health: This project would help Only 1 Health Centre servicing around 9 Transportation costs should drop after mothers especially during birth villages including Tasiriki. Only 1 Nurse the roads have been upgraded delivery. During an emergency, one working for that Health Centre. Mothers can easily travel to the city for struggle when pregnant and during birth treatment at the Northern District delivery. Cost of transportation when in an Hospital (NDH) with proper health emergency, no ambulance (FOC) can travel care services. More vehicles will be in because of bad weather (heavy rain) so traveling this road so easy to find a villagers have to make that commitment to transportation during emergency – pay for high cost of transportation to get the no delays to get to NDH. patient to the NDH. Transportation: Road project should Only 2 vehicles service the people of Tasiriki Fares should drop when roads are encourage more vehicles to come due to road conditions therefore costs are fixed because more vehicles will be this way and transportation costs very high. The only other vehicles who travel traveling this long stretch of road. may drop Version C, November 2019 72 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road this far would serve the West Coast passengers. Education: Connection and ease of Challenge currently faced is that the children Speed bumps for schools access for children to travel to are spending 3 months away from home for schools in other villages or each term X 3 terms because of poor road Luganville. Children will spend conditions and high cost of transportation. more time with families more than There’s quite a number of primary schools before. Student attendance will along this road hence the main concern is for improve because of good roads and the safety of the little children when roads bridges despite the weather. are upgraded. Version C, November 2019 73 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Women’s Focus Group Discussion @ Tangoa Island Junction Tuesday 24th September 2019 Time: 12:00pm – 1:00pm Venue: Nakere Community ground Community of Nakere during that time were celebrating their Provincial Day which is Sanma Day of nearly two weeks celebration. VCRTP Team were lucky to consult not only the target community but combination of communities who came together to celebrate. This was also an opportunity which myself and Gloria managed to interview 5 groups of Women from 5 different villages. Gloria gave a brief introduction of herself and me as we are Team members of the safeguards mission. She shortly brief on the Propose Project and the purpose of our Discussion. Questions were asked on what they think about the proposal project, benefits, challenges, issues and concerns that they may have and recommendations over these issues and concerns. 1. Vimele Community Women’s Group (2) Benefits Concerns Recommendations - Very pleased with the - Their concern on project - Chief should put in rules to proposed project especially workers (especially men) that govern villagers to uphold means of transport to they need to respect women and cultural norms and values Luganville girls in the community to avoid - Need road signs for crossings, - Access to medical service issues happening in the future villages, bridges and schools will be easier and faster - They need gender based - Speed bumps for villages and - Will increase purchase of new awareness with community schools vehicles leaders before project - Quick access of transport for commencement marketing from Vilmele to Luganville - Help improve women empowerment in business market, tourist Attached photo of Vimele women, total of 15 Version C, November 2019 74 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 2. Tangoa Island Women’s Group (3) Benefits Concerns Recommendations - Very pleased to hear about - Safety concerns especially for - Chief should put in rules to the proposed project because schools children and old men govern villagers to uphold of bad road conditions and women cultural norms and values - Will increase market - Need PWD consultation at - Need road signs for crossings, production first before work commence villages, bridges and schools - Better medical service - Speed bumps for villages and - Improve education service schools - Women groups to cook lunch for project workers as part of their community income Photo taken during the consultation, total of 25 Version C, November 2019 75 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 3. Narrango Women’s Group (4) Benefits Concerns Recommendations - One confirm she was very pleased - Young girls might be - Chief to strongly put in rules with the proposal because she will involving with project to govern villages to uphold increase her production in Tourist workers as experienced cultural norms and values sales. Whenever cruise ships visits with past projects Santo she had to find possible way - Project to put in rules or laws to travel to town to sell some of her to govern project workers not tourist products. to involve with community members - Members will purchase more trucks Photo captured during consultation, total 25 Version C, November 2019 76 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road 4. Vunavus, Dropout girls range age from 12-22 years (5) Benefits Concerns Recommendations - These young girls were all - Concerns were: proper roads - Need road signs for crossings, pleased when hearing the access will cause accidents villages, bridges and schools project proposal - Speed bumps for villages and - They will have easy medical schools services - It was their long time wish - Will promote business production in Tourism and marketing for Kava Attached photo, total 15 5. Pelmol Women Group( South Santo Area 2) (6) Benefits Concerns Recommendations - Very pleased because it was their - Fear project workers - Community take stand to longtime dream might be involved with support the project - Market will be easy to travel from community member and Pelmol to Luganville will cause family issues - Need proper awareness before - Promote local business work commence - Easy access for Medical treatment - Upgrade Tourism business - incase people who were not aware of might case any arise problem within the community Photo taken from women who sold their local foods, total 4 Version C, November 2019 77 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Minutes of Further Consultation with Land Owners of Maniau and Okoro Village. Date : 9th November 2019. Location: Okoro Village - South Santo. Persons conducting the Interview; Simeon Stanley and Mark P. Bebe 1. Approach and Methodology used. The team conducted interview with individual custom land owners identified by the chiefs. These includes those who have signed the Consent to voluntary give their land to the government for the government to use their land for road Realignment and for construction of the Bridge at Maniao and Okoro Villages These are the names of those consulted, and those who have signed the MOA to confirm their willingness to voluntarily give the ownership of their land to the Government for Public purposes, but more specifically for the purpose of Road Realignment and Construction of the Bridges. (I ) Joacin- Joacin, is one of the Land Owners and property owners at Okoro Village South Santo. He owns the Coconut Plantation, and gardens adjacent to the Okoro River, and running in parallel with the Road, north west towards Tasiriki Village. He also owns a small patch of Forestry consisting of Mahogany trees. The team met him and his wife and Children in his plantation, and explained the purposed of the visit, and want him to reaffirm the following; Note that Joacin is the farmer, that has the proposed realignment on his land. (a) Voluntary giving his land to the Government for Public use, and specifically, for the Road alignment and construction of the Bridge. We asked him, to confirm again his willingness to voluntary gave his consent for his land to the government for public purposes. First of all, he queried on why we have to ask him this question again, and queried about the consent, he and his family, and other land owners have signed earlier on whether that, agreement is still valid, and asked why we have to asked him this question again??. We explained that, it was just to reconfirm that consent again. He confirm, that, he and all his family, and the villagers, have agreed to assist in what every way to facilitate a good Road (Tar seal) to the town. (b) On the question on the swap. We told him that, since the government won’t be needing the existing patch of road leading from the river, and running up to 170 meters, in parallel with the realignment area, and that, he could reuse the land for his gardening and other activities, and he replied, that, he has enough land to use apart from this piece of land, and will not need the land immediately., but he may use it in future if a need arise . (c ) On the Question of Compensation for his crops. We advise that, the government cannot compensate his crops in cash, but would supply, seedling/cuttings to replace any damaged crops and trees. He told the team that, he did not expect any form of compensation from the government, but accepts what ever, form of assistance the government could give him. He stressed that, since the Coprah price is not good at the moment, he is not so worried about replanting coconuts again, but may request other crop seedlings. We advised him, that, PWD and Ministry of Agriculture, will assist him, during the reconstruction of the road period. 2. Jean Marie. Jean Marie is the blood kin of Joacin, their Plantations are on opposite side of the Road, but Jean Marie’s Plantation will not be affected by the Road realignment. Some of his coconuts however, are within the Road Reserve area, and may need to be removed during the road constructions. He advised that, he has no issue with a few Coconuts being removed. 3. David. David is the Brother of joacin, and Jean Marie. He too has a coconut plantation, located along the Road Reserve area, and advised that, he has no objections to some of his trees which are within the Road Reserve area being removed for the improvement of road. After discussion with the Brothers, they all signed the MOA, although, only Joacin was required to sign the MOA, as he is the only one whose garden and Coconut trees will be affected by the Road Realignment and the Construction of the Bridge. 4. Denis Philip. Denis Philip is a Custom Land owner of one part of Okoro. His land borders the western side of the Road. He has a house which, is currently within the 15 metres Road Reserve, however, with the Version C, November 2019 78 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Realignment of the Road, his house would be affected, as the road would be shifted, eastward, away from his house. His Plantation, is also not within the road reserve area. He however, he also signed the MOA, for allowing the boundary between, his piece of Land, and that of Joacin. 5. Land Owners of Maniao village. The team called on Jesse Tavoni, who is the Landowner Identified by Chief Serr, of Maniao village as the owner of the land bordering, Maniau river, and running in parallel with the Road northwest of the Maniao River. The team explained the purpose of the visit, and requested him to confirm his consent to voluntary relieve his land to the government for the purpose of the realignment of the road and construction of the Maniao Bridge. The team also explained that, the government would subsidize the lost of his crops and Trees, by way of providing seedlings and assisting him to replant his crops. Mr Tavoni, confirmed his consent to voluntarily give his land to the government for public, use, and had no objection, for his crops, being removed, but was somehow, surprise at the idea of the government subsiding his cost for his house, crops (kava) and fruit Trees. We advised that, the government through PWD, and Min. of Agriculture to provide seedlings, and Nails to help him rebuild his house. His wife however, asked if the Government could give them some times to rebuild their house, to replaced, their current house. We advise that, they have around seven to eight months to harvest, some of their crops, (Taro and Kava) and to rebuild their home, away from the road, but that, they have to wait until the Engineers have actually, pecked out the area needed for the Road realignment and the construction of the Bridge. On the issue of the swap, for the existing road, he advised that, the road provide a boundary between him, and his other neighbours, and they have to decide together on how to use the land between the two families in future. He however, advised that, he has ample of lands, to grow his crops and to rebuild their new home. He signed the MOA, to support his voluntary donation of his land to the government, for the construction of the Bridge and road realignment. Version C, November 2019 79 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road APPENDIX 3. ASSET INVENTORY AND VALUATION (i) Okoro Bridge Location Version C, November 2019 80 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 81 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road (i) Maniao Bridge Location Version C, November 2019 82 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department Vanuatu Climate Resilient Transport Project Draft Land Acquisition and Resettlement Action Plan South Santo Road Version C, November 2019 83 Prepared for Ministry of Infrastructure and Public Utilities, Public Works Department