CORAL REEF REHABILITATION AND MANAGEMENT PROGRAM – CORAL TRIANGLE INITIATIVE ENVIRONMENTAL AND SOCIAL SAFEGUARD FRAMEWORK (COREMAP CTI - ESSF) Indonesian Institute of Science & Ministry of National Development Planning/ National Development Planning Agency (BAPPENAS) Government of Indonesia April 4, 2019 Second Restructuring Phase i Abbreviations and Acronyms AMDAL Analisis Mengenai Dampak Lingkungan (Environmental Impact Assessment) ADB Asian Development Bank Badan Perencanaan Pembangunan Nasional (Ministry of National BAPPENAS Development Planning) Badan Nasional Sertifikasi Profesi (National Agency for Professional BNSP Certification) BPN Badan Pertanahan Nasional (National Land Agency) CCRES Capturing Coral Reef and Related Ecosystems Services Project COREMAP Coral Reef Rehabilitation and Management Program CTI Coral Triangle Initiative CRITC Coral Reef Information and Training Center Center for Planners Development, Education and Training (Pusat CPDET Pembinaan, Pendidikan dan Pelatihan Perencana - Pusbindiklatren) DIPA Daftar Isian Pelaksanaan Anggaran (Budget Implementation List) EA Environmental Assessment EIA Environmental Impact Assessment EMF Environmental Management Framework ESMP Environmental and Social Management Plan ESSF Environmental and Social Safeguard Framework FPIC Free, Prior, and Informed Consultation GEF Global Environmental Fund GRM Grievance Redress Mechanism GOI Government of Indonesia IBRD International Bank for Reconstruction and Development ICCTF Indonesia Climate Change Trust Fund ICZM Integrated Coastal Zone Management IP Indigenous Peoples IPPF Indigenous Peoples Planning Framework KAT Komunitas Adat Terpencil (Remote Customary Communities) KEPDIRJEN Keputusan Direktur Jenderal (Director General Decree) KEPMEN Keputusan Menteri (Ministry Decree) KKPD Kawasan Konservasi Perairan Daerah (Local Marine Protected Area) KKPN Kawasan konservasi Perairan Nasional (National Marine Protected Area) Kajian Lingkungan Hidup Strategis (Strategic Environmental KLHS Assessment/SEA) LARAP Land Acquisition and Resettlement Action Plan LARPF Land Acquisition and Resettlement Policy Framework LH Lingkungan Hidup (Environment) LIPI Lembaga Ilmu Pengetahuan Indonesia (Indonesian Institute of Science) LSP Lembaga Sertifikasi Profesi (Professional Certification Agency) MA Masyarakat Adat (Customary Community/Indigenous Peoples) Regional Training and Research Centre on Marine Biodiversity and MarBEST Ecosystem Health MMAF Ministry of Marine Affairs and Fisheries MPA Marine Protected Area MSP Marine Spatial Planning MONEV Monitoring and Evaluation NGO Non-Governmental Organization ii NH Natural Habitats OP Operational Policies PAP Project-Affected Persons PCR Physical and Cultural Resource PERMEN Peraturan Menteri (Ministry Regulation) PERPRES Peraturan Presiden (Presidential Decree) PIU Project Implementing Unit PMO Project Management Office POKMASWAS Kelompok Masyarakat Pengawas (Community Surveillance Group) PDO Project Development Objective PP Peraturan Pemerintah (Government Regulation) Rencana Zonasi Wilayah Pesisir dan Pulau-Pulau Kecil (Integrated Coastal RZWP3K Zone Management) SA Social Assessment SAP Suaka Alam Perairan (Marine Nature Reserve) Surat Pernyataan Kesanggupan Pengelolaan dan Pemantauan Lingkungan SPPL Hidup (Environmental Management and Monitoring Commitment Letter) TNP Taman Nasional Perairan (Marine National Park) TOR Terms of Reference TWP Taman Wisata Perairan (Marine Tourism Park) Upaya Pengelolaan Lingkungan/Upaya Pemantauan Lingkungan UKL/UPL (Environmental Management/Monitoring Plan) UU Undang-undang (Law) WB World Bank iii Executive Summary 1. Introduction The Coral Reef Rehabilitation and Management Program - Coral Triangle Initiative (COREMAP- CTI), sponsored by the Government of Indonesia (originally the Directorate General of Marine, Coastal, and Small Islands, of the Ministry of Marine Affairs and Fisheries) and funded by the World Bank (WB), is a continuing program of the COREMAP-II project. The COREMAP-CTI project (henceforth, "the project") underwent restructuring in June 2017 to simplify and streamline activities in light of the exit of MMAF as executing agency. This first restructuring transferred the role of executing agency to the Indonesian Institute of Science (LIPI). Due to internal Government of Indonesia (GoI) budget cycle timelines, the first restructuring was not processed for activities financed by the Global Environmental Fund (GEF) at the same time. As a result, implementation of, and disbursements for, GEF activities were put on hold with an agreement to restructure GEF financing once the revised activities financed by the International Bank for Reconstruction and Development (IBRD) were under effective implementation. The second restructuring of 2019 (henceforth, "the restructuring") aims to ensure that the remaining GEF financing, together with activities financed by IBRD and implemented by LIPI, will incrementally build on and complement ongoing efforts by MMAF. By implementing ecosystem management interventions that will contribute to objectives and goals specified in MMAF's strategic and policy frameworks, the remaining GEF resources are used to maximize impact and improve effective management of priority coastal ecosystems. IBRD-financed activities continue as before, with minor amendments as part of this restructuring. In the restructuring, LIPI remains the executing agency for the loan whereas for GEF grant financing, the role of executing agency is transferred from MMAF to the Ministry of National Development Planning (BAPPENAS). Key revisions in this restructuring include: (i) revision of the Project Development Objective (PDO) to reflect efforts towards improving management of priority coastal ecosystems; (ii) change of executing agency for GEF activities from MMAF to BAPPENAS with one of its working units, the Indonesian Climate Change Trust Fund (ICCTF), playing the role of co-executing agency alongside LIPI; (iii) including a demand-driven grants mechanism to support on-the-ground management activities through experienced and established NGOs; (iv) adjustment and realignment of project activities for consistency with the updated PDO, implementation progress to date, and government priorities including MMAF's strategic and policy frameworks; (v) modification of implementation, safeguard management, financial management, procurement, and disbursement arrangements, to reflect the change in implementing agency; and (v) an 18-month extension of the closing date. The restructured COREMAP-CTI aims to strengthen institutional capacity in coastal ecosystems monitoring and research to produce evidence-based resources management information, and to improve management effectiveness of priority coastal ecosystems. The restructured project will have similar potential environmental and social risks to COREMAP-CTI prior to the June 2017 restructuring. There is no change in project safeguard categorization (B category). The project is not expected to generate significant adverse and/or irreversible long-term direct, induced, or cumulative environmental and social impacts that are sensitive, diverse or unprecedented. The restructured project has the following four components: 1) Institutional Strengthening for Coastal Ecosystems Monitoring; 2) Support for Demand-Driven Coastal Ecosystems Research; 3) Management of Priority Coastal Ecosystems; and 4) Project Management. iv This Environmental and Social Safeguard Framework (ESSF) has been prepared to set out procedures required by COREMAP-CTI to minimize adverse environmental and social impacts that may occur due to implementation of this project and any of its sub-projects. The ESSF covers all activities planned under the restructuring, including activities at eleven Western Indonesia sites that are former ADB COREMAP-CTI sites. LIPI has been conducting monitoring activities at these sites consistent with the monitoring conducted at WB COREMAP- CTI sites. LIPI, as an existing project implementing entity, is familiar with the Bank’s project- related safeguard policies and requirements. The ESSF also covers all activities related to Component 3 (improved management effectiveness of priority coastal ecosystems), implemented by ICCTF-BAPPENAS. The restructured COREMAP-CTI is still classified as a Category B project and does not entail any change to the WB Operational Policies (OP) triggered: 1. OP 4.01 Environmental Assessment (EA) 2. OP 4.04 Natural Habitats (NH) 3. OP 4.10 Indigenous People (IP) 4. OP 4.12 Involuntary Resettlement (IR) 2. Environmental and Social Safeguard Frameworks This ESSF comprises a series of environmental and social safeguard frameworks that are applicable to all proposed activities of COREMAP-CTI. This framework consists of two main processes: 1) environment and social screening processes, and 2) preparation of environmental and social safeguard instruments, namely an Environmental and Social Management Plan (ESMP), a Land Acquisition and Resettlement Action Plan (LARAP), and an Indigenous Peoples Plan (IPP), following the guidelines in the Framework. All proposed activities will perform environmental and social screening, which include: 2.1 Screening against a negative list: LIPI and ICCTF-BAPPENAS have defined activities that will not be financed under COREMAP-CTI. 2.2 Screening against an Environmental and Social Safeguards Checklist: This checklist guides implementing units in identifying any required impact-mitigation action plans. It serves as a tool for PMO/PIUs to recognize potential risks of planned activities to the environment, presence of indigenous peoples, and any land acquisition. The screening process is carried out by the Project Implementing Units (PIU), in this case, LIPI and ICCTF-BAPPENAS. If the answer to any of the questions in the checklist is “Yes”, then the ESSF guidance should be followed and applied to the project/activity. The ESSF guidance includes: 1. Environmental Management Framework (EMF); 2. Land Acquisition and Resettlement Policy Framework (LARPF); 3. Indigenous Peoples Planning Framework (IPPF). 3. Implementation Arrangement and Grievance Redress Mechanism v 3.1 ESSF Implementation Arrangements for COREMAP-CTI The ESSF implementation arrangements are designed to ensure that all key parties understand their responsibility in implementing the ESSF safeguard screening process as well as preparing relevant instruments for mitigating impacts. All activities which may generate environmental and social impacts must follow ESSF guidance. Once the impacts are identified, the relevant action plans should be prepared. Any cost related to provision of ESSF implementation should be borne by the COREMAP- CTI budget. COREMAP-CTI is a single integrated project including GEF- and IBRD-financed activities. The implementation arrangements reflect an integrated COREMAP-CTI project, in which the three Project Implementing Units (PIUs) are coordinated through a single Project Management Office (PMO). This will be chaired by a Project Coordinator (from LIPI) who is assisted by a Deputy Project Coordinator (from BAPPENAS). As the coordinator, LIPI is responsible for compiling information. Reporting on environmental and social safeguard performance for ICCTF-BAPPENAS implemented activities remains the responsibility of ICCTF- BAPPENAS. Reporting on environmental and social safeguard performance for LIPI implemented activities remains the responsibility of LIPI. LIPI and ICCTF-BAPPENAS, as PIUs, are responsible for ensuring their own safeguard compliance and documentation for their respective activities. Each PIU will have a special safeguard team that is responsible for safeguards requirements for their PIU's planned activities. Each safeguard team is accountable for monitoring and evaluation, reporting, and documenting the implementation of the ESSF, as well as for addressing safeguards-related issues. A safeguards report will be a part of the COREMAP-CTI progress report. In collaboration with the PMO, the WB safeguard team will review the safeguard documentation. The WB will undertake supervision for the implementation of the ESSF. 3.2 Grievance Redress Mechanism Grievance procedures will include reasonable performance standards, e.g., time required to respond to complaints, and will be provided without charge to any affected people or community. The grievance redress mechanism can operate through two modes. The first mode has the complainant's first point of contact being the extension officer, who has the role of finding a solution, documenting it, and taking it to the PIU. The PIU should be able to solve the problem before proceeding to the PMO. However, there may be a need to escalate the grievance from the activity level to the project level due to vested interests. For this purpose, the PMO should have a communications specialist who can be a spokesperson and complaints manager for the whole project. The second mode is a telephone “hotline” number that individuals can call to report grievances. This mode is characterized by direct involvement of the PMO in every grievance. The PMO will cross-check the grievance with reasonable facts prior to responding. This mode requires that there be a unit at the PMO who can deal with these complaints and act in a timely manner. This grievance unit is responsible for problem resolution and documentation of all grievance vi processes, from receiving, forwarding, responding, and closing of any grievance. This enables the PMO to track all grievances and take appropriate action. This hotline number will be provided by both LIPI and ICCTF-BAPPENAS. As an addition to the PMO hotline number, ICCTF-BAPPENAS will place information and an email address for grievance redress on the existing ICCTF-BAPPENAS website (www.icctf.or.id). A separate hotline telephone number for GEF activities grievance redress will also be provided by ICCTF-BAPPENAS upon the commencement of the sub-projects (and placed on their website). LIPI already has a hotline for grievance redress (0896-1212- 1222) (which is also the PMO hotline number), as well as an online form (www.pengaduan.lipi.go.id). In addition, complaints can be delivered by mail (fax, email, or post) to central and regional COREMAP-CTI implementing units, according to the scope of the complaint. In summary, grievances can be submitted via: 1. Online form at the project website for COREMAP-CTI: http://coremap.or.id, which redirects to the LIPI website: www.pengaduan.lipi.go.id; 2. Email: humas.oseanografi@mail.lipi.go.id; pengaduancoremap@lipi.go.id; 3. Telephone/Fax: (021) 64713850 / (021) 64711948 (Puslit Oseanografi LIPI) (with ICCTF- BAPPENAS phone number to be provided by commencement of the sub-projects); 4. Face to face (discussions, workshops, and training); 5. Mailing address: Tim Pelaksana Kegiatan COREMAP CTI, Puslit Oseanografi LIPI, Jalan Pasir Putih I, Ancol Timur, Jakarta 14430. 4. Supervision, Monitoring and Evaluation Safeguards supervision, monitoring and evaluation will be performed by different levels of the COREMAP-CTI organization: 1. Project Implementing Unit (PIU) 2. Project Management Office (PMO) 3. The World Bank (WB) The PIU oversees supervision, monitoring and evaluation of the ESSF implementation of the activity carried out by implementers. The PMO shall conduct regular supervision and monitoring of implementation of the safeguard performance and report periodically on the findings as part of COREMAP-CTI project progress reports to the WB. The PMO will also carry out a post-implementation evaluation of the safeguard implementation of each activity about a year after completion of that sub-project, to ascertain whether the objectives of the safeguard application were attained. The WB will conduct regular supervision missions to review implementation of safeguards and to recommend to the PMO follow-up actions, as necessary. 5. Capacity Building To complement the existing capacities and address any gaps in environmental and social safeguards management, it is necessary to build capacity in implementation and monitoring of safeguards. COREMAP-CTI PMO/PIUs will conduct a capacity needs assessment and provide training on ESSF requirements for conducting, managing, and monitoring safeguards to any implementing units involved. For effective environmental and social safeguards management, the PMO will require implementation support in three main areas: vii 1. dedicated staff and resources; 2. technical assistance; and 3. training and awareness. Capacity development for safeguard implementation should include: (i) an institutional development strategy and organizational framework to manage the affected area and project activities; (ii) workshops and training programs to build capacity of involved staff, community and other agencies. The WB will monitor and provide guidance in the implementation of the capacity building program. The WB will also assist with capacity building in the implementation of approved safeguard action plans. 6. Documentation and Information Disclosure The PMO and PIUs shall make accurate ESSF documentation available for local public access, particularly that related to the mitigation of social or environmental impacts. The ESSF document (both in Indonesian and English) and any action plans (LARAP, ESMP and IPP) will be disclosed online at LIPI’s and ICCTF-BAPPENAS’ websites (in Indonesian and English) as well as on the WB's website (ImageBank) (in English). The action plans will also be disclosed at places accessible to all levels of the community which may be affected. Stakeholder consultation for finalizing the updated ESSF document was conducted in Makassar on 23 July 2018. Comments and input from the participating stakeholders are included in this updated ESSF document, disclosed as per above. 7. Budget and Financing COREMAP-CTI will provide budget for the provision of the ESSF and related activities such as monitoring, evaluation, supervision, documentation, dissemination, and capacity building. Costs related to the provision of ESSF will occur in the following forms: • Preparation of the safeguard instruments (ESMP/UKL-UPL, SPPL, LARAP, IPP, and TOR for GEF-funded proponents) at activities/sub-projects preparation stage; • Capacity building for the provision of safeguard instruments; • Costs for the implementation and monitoring of safeguard instruments; • Establishment/appointment of a safeguard unit/persons and grievance unit/person in the PMO and PIUs. viii Table of Contents Executive Summary iv Table of Contents ix I. Introduction 1 1.1 The ESSF 1 1.2 COREMAP-CTI Project Description 1 1.2.1 Components and Sub-components of the COREMAP-CTI Program 2 1.2.2 Program Location 8 1.3 Document Structure 10 II. Regulatory and Policy Review 10 2.1 National Legislation, Regulation and Policies relating to Environmental and Social Safeguards 11 2.1.1 Environmental Safeguard 11 2.1.2 Social Safeguard 12 2.2 Environmental and Social Safeguard Policies of the World Bank applied to COREMAP-CTI 13 III. Environmental and Social Safeguard Frameworks (ESSF) 16 3.1 Social and Environment Screening Process 16 3.2 Environmental Management Framework (EMF) 19 3.2.1 Environmental Assessment 19 3.2.2 Monitoring and Evaluation of the ESMP 23 3.3 Social Safeguard Framework 23 3.3.1 Frameworks for Land Acquisition 24 3.3.2 Indigenous Peoples Planning Framework (IPPF) 24 3.4 Implementation Arrangement of the ESSF for the COREMAP-CTI 24 3.5 Institutional Responsibilities 26 3.6 Grievance Redress Mechanism 21 IV. Supervision, Monitoring and Evaluation 22 V. Capacity Building 22 VI. Documentation and Information Disclosure 22 VII. Budget and Financing 23 ANNEX A. ESMP (UKL-UPL) Format (in accordance with Environmental Ministry Regulation (Permen LH) No 16/2012) and SPPL Format (in accordance with Environmental Ministry Regulation (Permen LH) No 16/2012) 24 ANNEX B. Land Acquisition and Resettlement Policy Framework (LARPF) 32 ANNEX B.1. Outline of Land Acquisition and Resettlement Action Plan (LARAP) 37 ANNEX B.2. Example of a Letter of Land Donation 38 ANNEX C. Indigenous Peoples Planning Framework (IPPF) 39 ANNEX D. Environmental Codes of Practices (ECOPs) 47 ANNEX E. Physical and Cultural Chance Find Procedures 49 ANNEX F. Types of Public Works Requiring ESMP (UKL/UPL) (in accordance with PERMEN PU No. 10/PRT/M/2008) 50 ANNEX G. Standard Clauses for Environmental Management during Construction 55 ANNEX H. Standard Monitoring Plans 56 ANNEX I. Gap Analysis of GoI Regulations and World Bank Policies 59 ANNEX J. Minutes of the ESSF Public Consultation Workshop 62 ANNEX K. List of Participants for the ESSF Public Consultation Workshop 68 ix I. Introduction 1.1 The ESSF The Environmental and Social Safeguard Framework (ESSF) is designed to minimize adverse environmental and social impacts that potentially occur due to the implementation of Coral Reef Rehabilitation and Management Program–Coral Triangle Initiative (COREMAP-CTI). It is anticipated that this program will not generate significant negative social or environmental impacts. However, there is the possibility that some sub-components could unavoidably involve some activities that trigger environmental and social issues highlighted by the WB Operational Policies. The ESSF has been prepared to set out procedures required by the COREMAP-CTI to minimize adverse environmental and social impacts that may occur due to implementation of this project and any of its sub-projects. The ESSF ensures that the implementation of the COREMAP-CTI complies with WB Operational Policies and Indonesian regulations. The ESSF will provide guidelines to ensure that any proposed/planning activities or sub-projects will have no significant environmental or social impacts from the implementation. If adverse impacts are unavoidable, efforts for minimizing and mitigating the impacts are set up in the framework. The ESSF also considers the environmental and social impact management framework of the COREMAP-2 and COREMAP-CTI before restructuring. It was found that offering continuous safeguards management training to local stakeholders and project staff is important to ensure safeguards due diligence. This action will be reflected throughout implementation of the restructured COREMAP-CTI. 1.2 COREMAP-CTI Project Description The Coral Reef Rehabilitation and Management Program-Coral Triangle Initiative (COREMAP -CTI), sponsored by the Government of Indonesia (i.e. originally Directorate General of Marine, Coastal, and Small Islands, of the Ministry of Marine Affairs and Fisheries, DG-MCSI/MMAF) and funded by the World Bank (WB), is a continued program of the COREMAP-II project. The COREMAP-CTI project underwent restructuring in June 2017 to simplify and streamline activities in light of the exit of MMAF as executing agency. This first restructuring transferred the role of executing agency to the Indonesian Institute of Science (LIPI). Due to internal Government of Indonesia (GoI) budget cycle timelines, the first restructuring was not processed for GEF financed activities at the same time. As a result, implementation of and disbursements for GEF activities were put on hold with an agreement to restructure GEF financing once the revised activities financed by IBRD were under effective implementation. The second restructuring of 2019 (henceforth, "the restructuring") aims to ensure that the remaining GEF financing, together with activities financed by IBRD and implemented by LIPI, will incrementally build on and complement ongoing efforts by MMAF. By targeting project activities on the implementation of ecosystem management interventions that will contribute to objectives and goals specified in MMAF's strategic and policy frameworks, the remaining GEF resources are used to maximize impact and improve effective management of priority coastal ecosystems. IBRD-financed activities continue to be implemented, with minor amendments proposed as part of this restructuring. 1 In the restructuring, LIPI remains as the executing agency for the loan whereas for GEF grant financing, the role of executing agency is transferred from MMAF to the Ministry of National Development Planning (BAPPENAS), an entity capable of delivering the project through to closure in response to MMAF’s exit. Key revisions in this restructuring include: (i) revision of the Project Development Objective (PDO) to reflect efforts towards improving management of priority coastal ecosystems; (ii) changing the executing agency for GEF activities from MMAF to BAPPENAS with one of its working units, the Indonesian Climate Change Trust Fund (ICCTF), playing the role of co-executing agency alongside LIPI; (iii) including a demand-driven grants mechanism to support on-the-ground management activities through experienced and established NGOs; (iv) adjusting and realigning project activities to be consistent with the updated PDO, implementation progress to date, and government priorities including MMAF's strategic and policy frameworks; (v) modification of implementation, safeguard management, financial management, procurement, and disbursement arrangements, to reflect the change in implementing agency; and (v) an 18-month extension of the closing date. The restructured COREMAP-CTI aims in general to strengthen institutional capacity in coastal ecosystems monitoring and research to produce evidence-based resources management information, and to improve management effectiveness of priority coastal ecosystems. The restructured project will have similar potential environmental and social risks to the COREMAP- CTI prior to the June 2017 restructuring. The restructured project will have similar potential environmental and social risks to COREMAP-CTI prior to the June 2017 restructuring. There is no change in project categorization (B category). The project is not expected to generate significant adverse and/or irreversible long-term direct, induced, or cumulative environmental and social impacts that are sensitive, diverse, or unprecedented. This restructuring provides an opportunity to: i. Simplify project design to ensure achievement of objectives within the remaining life of the project; ii. Improve potential for post-closure sustainability of the project and program results and outcomes; iii. Accommodate activities focused on improving the management of priority coastal ecosystem at the local level. 1.2.1 Components and Sub-components of the COREMAP-CTI Program To achieve objectives, the restructured COREMAP-CTI program has four main components: 1) Institutional Strengthening for Coastal Ecosystems Monitoring 2) Support for Demand-Driven Coastal Ecosystems Research 3) Management of Priority Coastal Ecosystems 4) Project Management Each of those components comprises sub-components summarized in Table 1. T ABLE 1: COREMAP-CTI PROGRAM COMPONENTS AND SUB -COMPONENTS No Component Sub-components 1 Institutional Strengthening Sub-component 1.1: Support for robust coastal for Coastal Ecosystems ecosystems monitoring: Monitoring a) Conduct comprehensive and scientifically robust coastal ecosystems monitoring surveys in 39 locations: 2 No Component Sub-components • 8 districts in Eastern Indonesia (Pangkep, Selayar, Sikka, Buton (3 locations), Wakatobi, Biak, Raja Ampat and Merauke) • 9 districts in Western Indonesia (Tapanuli Tengah, Nias Utara, Mentawai, Batam, Bintan, Lingga, Natuna, Sabang and Derawan) • 11 marine protected areas in Eastern Indonesia (Kapoposang, Sawu/Kupang, Aru Tenggara, Banda, Waigeo Barat (Raja Ampat), SAP Raja Ampat, Padaido, Komodo, Sumbawa/Moyo, Takabonerate, and Tual) • 4 marine protected areas in Western Indonesia (Gili Matra, Anambas, Pulau Pieh, and Kepulauan Seribu) • 7 locations responding to national priorities, including: Spermonde, Lombok/Sekotong, Kendari, Ternate, Lampung, Belitung and Pulau Wetar b) Develop and launch the new Coral Reef Health Index: • Developing the new Index: The index will provide a practical approach that will link field data to an intuitive interpretation for management. Specific aspects of the proposed metric will include: o Coral cover o Potential for coral recovery o Total fish biomass • Building the bridge between monitoring and management: The lack of connection between monitoring data and management decisions is a global problem. LIPI’s skill in monitoring and interpreting data will help deliver a coral reef management strategy identification tool developed in collaboration with international research partners (e.g., University of Queensland and the WB GEF Coral Reef and Related Ecosystems Project (CCRES). • Centralized online database: To aid future usage and entering of data by those collecting and using the reef health index, a centralized web-enabled database will be developed by LIPI. • Web-based reporting: For the reef health index to form the basis of a coastal report card. This will be publicly available through an online mapping portal, including InaGeoPortal. c) Establish National Coastal Ecosystems Monitoring Certification Standard: • LIPI will obtain accreditation from the National Agency for Professional Certification (Badan Nasional Sertifikasi Profesi, BNSP), to become the Indonesian Professional Certification Agency for coastal ecosystems monitoring, enabling LIPI to become the National Certification Entity for 3 No Component Sub-components coastal ecosystems monitoring. Certification will be secured for 5 schemes: o Assess coral reef conditions o Assess biodiversity of coral reef fish species o Assess megabenthos o Assess mangrove habitat condition o Assess seagrass habitat condition • Develop a long-term staffing and financing plan for the Professional Certification Agency and the national network. LIPI will develop a national professional competency standard and obtain accreditation from BNSP. • Undertake a promotional campaign to launch the national standard. d) Establish sub-national training and monitoring plan: • Establish a national network of 10 assessment centers within existing LIPI partner monitoring institutions (i.e., universities) linked to district and provincial coastal ecosystem monitoring programs under Government’s Marine Affairs and Fisheries Agencies. • Train and certify at least 100 assessors and surveyors per year. Sub-component 1.2: Strengthen technical capacity for target coastal monitoring end-users: a) Award 20 International Master's Degree Scholarships for qualified technical staff of national and sub- national coastal ecosystems monitoring and management units across Indonesia. b) Deliver coastal ecosystems monitoring and management training to technical staff of national and sub-national coastal ecosystems monitoring and management units across Indonesia. Sub-component 1.3: Strengthen institutional capacity for coastal ecosystems monitoring. a) Investments will upgrade several existing LIPI facilities. LIPI has marine and coastal campuses that need upgrading to become a regional training center of excellence. These include: • Marine Species Conservation Technical Unit, Bitung, Sulawesi • Marine Species Conservation Technical Unit, Tual, Maluku • Field Research Station, Ternate, North Maluku • Marine Bio-Industry Technical Unit, Mataram, Lombok • Facilities at LIPI’s Ancol Headquarters, DKI Jakarta • MarBEST Center Raden Saleh, DKI Jakarta • MarBEST field station, Pulau Pari, DKI Jakarta 4 No Component Sub-components b) COREMAP's Coral Reef Information and Training Centre facilities have been operational for more than 10 years and require renovation to support LIPI’s objective of becoming a regional training center of excellence. As such, the project will finance small to moderate civil works to renovate interior training facilities at LIPI’s central Jakarta (Jl. Raden Saleh) site. These renovations will also support development of the MarBEST Regional Training and Research Center and strengthen LIPI’s position within the UNESCO/IOC Western Pacific regional network. c) The success of the national data repository depends in part on timely and efficient provision of data from regional nodes. • LIPI will upgrade and renovate at least 7 regional data nodes within existing institutions (i.e., universities), including through procurement of IT systems. d) Concurrently, LIPI will establish a sub-national network of 8 data loggers and automated marine monitoring stations/buoys that will input data to the national data repository. 2 Support for Demand-Driven Sub-component 2.1: Strengthening institutions for Coastal Ecosystem Research demand-driven coastal ecosystems research a) Strengthen the demand-driven research process, through: • Improved engagement with and involvement of end users in defining research priorities and disseminating research outcomes. • Two national symposia per year to enhance cross-sectoral and inter-agency engagement in the coastal ecosystems research prioritization and delivery process. • A demand-driven competitive coastal ecosystems research grants system that awards at least 10 grants per year, LIPI will support implementation of coastal ecosystems research priorities while simultaneously strengthening national research networks and capacity. • LIPI will undertake priority research based on a clear demand-driven basis to produce at least 50 research publications during the life of the project. Indicative studies may include the following themes, among others: climate change, biodiversity, threatened species, marine debris and rights-based fisheries management. Sub-component 2.2: Strengthen technical capacity for coastal ecosystems research a) LIPI will strengthen its own human resources skills, knowledge and capacity and that of its research partners via delivery of targeted training (e.g., GIS, 5 No Component Sub-components data analysis, research and laboratory techniques), for at least 100 researchers per year. b) Development of LIPI’s role as a regional center of excellence will be achieved by developing national and international training offerings within the MarBEST Center. Sub-component 2.3: Strengthen coastal ecosystems monitoring and research data and knowledge networks a) Augment national holdings of coastal ecosystems data and enhance availability for end users by ensuring outputs from competitive grants and demand-driven studies are incorporated into the national data repository. b) Develop a long-term strategy and development plan to meet the growing demand for coastal ecosystems data provision and dissemination that will result from its new mandate from the National Geospatial Agency. LIPI will also commission a review of intellectual property rights and legal requirements associated with data management, and develop data sharing processes, agreements and standards. c) Implement a series of public information and awareness campaigns to enhance public knowledge about coastal ecosystems and the outputs of LIPI’s monitoring and research programs. Undertake a “deep dive” study to develop and launch a COREMAP Program legacy campaign to raise awareness of the critical environmental, social and economic importance of coastal ecosystems in Indonesia. 3 Management of Priority Sub-component 3.1: Management effectiveness of Coastal Ecosystems marine protected areas and conservation of threatened species a) Accelerate progress towards “Green” and “Blue” management effectiveness scores for priority MPAs • Through ICCTF-BAPPENAS awarded sub- grants, NGOs and other eligible organizations will support and accelerate the implementation of MPA management plan priority actions that will contribute to improved management status under MMAF’s e-KKP3K score card. Investments will strengthen monitoring, compliance and management systems, improve strategic infrastructure and build capacity. Priority MPAs are: SAP Raja Ampat, SAP Waigeo, TNP Savu Sea, and KKPD Kabupaten Kepulauan Raja Ampat. b) Accelerate the implementation of three new National Plans of Action for threatened species • Through ICCTF-BAPPENAS awarded sub- grants, NGOs and other eligible organizations will support and accelerate the implementation of priority goals for threatened species management. Implementation activities will be 6 No Component Sub-components focused on the four priority MPAs and their surrounding ecosystems and communities, and include population data collection (mapping and trend analysis), awareness raising, and capacity building. Priority goals are defined under several new National Plans of Action for threatened species launched by MMAF, namely: National Plan of Action for Manta Rays, National Plan of Action for Sharks, and National Plan of Action for Cetaceans. Sub-component 3.2: Integrated Coastal Zone Planning a) Support implementation of one provincial level Integrated Coastal Zone Management plan • Through ICCTF-BAPPENAS awarded sub- grants, NGOs and other eligible organizations will implement activities derived from the Integrated Coastal Zone Management (ICZM) plan for West Papua Province. Activities include providing information regarding the carrying capacity to support sustainable utilization of coastal resources, Coastal Ecosystem Habitats Rehabilitation, and trainings to support of ICZM in the province. To further enhance the effectiveness of ICZM implementation, ICCTF- BAPPENAS will also provide a monitoring tool/system for Marine Spatial Planning implementation. Sub-component 3.3: Community Stewardship of Coastal Resources a) Strengthening community surveillance of coastal ecosystems • Through ICCTF-BAPPENAS awarded sub- grants, NGOs and other eligible organizations will develop and strengthen 18 community surveillance groups (POKMASWAS) across the four priority MPA in line with MMAF’s POKMASWAS Standard Operating Procedures. Objectives will include: (a) Facilitating registration of POKMASWAS via Surat Keputusan; (b) delivering training in line with MMAF syllabus and curriculum; (c) supporting operations and equipment. b) Piloting a community rights-based approach to coastal resources and coral reef fish management • Through ICCTF-BAPPENAS awarded sub- grants, NGOs and other eligible organizations will support and accelerate the implementation of rights-based fishery management (Hak Pengelolaan Perikanan) in line with draft revisions to Indonesia’s Fishery Law (UU 45/2009). Objectives will include: (a) undertaking site feasibility assessment and 7 No Component Sub-components selecting two pilot sites associated with the four priority MPAs; (b) establishing community engagement via Surat Keputusan; (c) obtaining legal recognition of community rights via licensing in line with UU 1/2014; (d) implementing an 18 month community management pilot; (e) supporting the implementation of harvest control measures consistent with MMAF's draft "Policy on Management of Coral Reef Fishes in the Live Reef Food Fish Trade"; and (f) evaluating social, economic and environmental outcomes. • Through ICCTF-BAPPENAS awarded sub- grants, NGOs and other eligible organizations will implement measures informed by bio- economic modelling of reef fisheries, namely (a) support processing technology for post-capture fisheries management, (b) management of inputs, processes and output controls, and (c) sustainable fisheries resources utilization. 4. Project Management • Monitoring and evaluation of project performance. • Compliance monitoring on safeguards and fiduciary management. • Coordination with partners. 1.2.2 Program Location The restructured COREMAP-CTI project covers former ADB COREMAP-CTI sites in Western Indonesia, and WB COREMAP-CTI sites in Eastern Indonesia established previously (Tables 2- 4). 8 T ABLE 2. L OCATIONS OF COREMAP-CTI M ONITORING S ITES No. District Province 1 Pangkep, Kepulauan Selayar South Sulawesi 2 Buton Induk, Buton Tengah, Buton Selatan, Wakatobi Southeast Sulawesi 3 Sikka East Nusa Tenggara 4 Biak, Merauke Papua 5 Raja Ampat West Papua 6 Tapanuli Tengah, Nias Utara North Sumatra 7 Mentawai West Sumatra 8 Batam, Bintan, Lingga, Natuna Riau Islands 9 Sabang Aceh 10 Derawan East Kalimantan 11 Seven locations responding to national priorities: a. Spermonde South Sulawesi b. Lombok/Sekotong West Nusa Tenggara c. Kendari Southeast Sulawesi d. Ternate North Maluku e. Lampung Lampung f. Belitung Bangka Belitung g. Pulau Wetar Maluku T ABLE 3. L OCATIONS OF COREMAP-CTI M ARINE P ROTECTED AREAS (MPAS) No. marine protected areas Location (Province) 1 Sawu Sea Marine National Park (TNP Laut Sawu) and East Nusa Tenggara Komodo 2 Kapoposang Marine Tourism Park (TWP Kapoposang) and South Sulawesi Takabonerate 3 Banda Sea Marine Tourism Park (TWP Laut Banda) Maluku 4 Wayag Sayang Islands and Marine Nature Reserve of Raja Papua Barat Ampat (SAP Raja Ampat) 5 SAP Waigeo Barat Papua Barat 6 KKLD Kabupaten Kepulauan Raja Ampat Maluku 7 Marine Tourism Park (TWP Padaido) Papua Barat 8 Tual Maluku 9 Gili Matra and Sumbawa/Moyo West Nusa Tenggara 10 Anambas Riau Islands 11 Pulau Pieh West Sumatra 12 Kepulauan Seribu DKI Jakarta T ABLE 4. OTHER L OCATIONS OF COREMAP-CTI M ARINE AND COASTAL CAMPUSES No. Regional Training Centre of Excellence Location (Province) 1. Facilities at LIPI’s Ancol Headquarters DKI Jakarta 2. MarBEST Center, Raden Saleh, Jakarta Pusat DKI Jakarta 3. MarBEST Field Station, Pulau Pari, Kep. Seribu DKI Jakarta 4. Marine Species Conservation Technical Unit - Bitung North Sulawesi 5. Marine Species Conservation Technical Unit – Tual Maluku 6. Field Research Station – Ternate North Maluku 9 7. Marine Bio-Industry Technical Unit – Mataram Lombok West Nusa Tenggara 1.3 Document Structure This document consists of seven parts: 1) Introduction: introduces the ESSF, summarizes the COREMAP-CTI program and justification, and describes the components. 2) Regulatory and Policy Review: outlines the major laws, regulations, national standards and technical guidelines, including WB Policies and relevant documents that are required to mitigate and manage all adverse environmental and social impacts likely to be generated by the project. 3) Implementation Arrangement and Grievance Redress Mechanism: summarizes implementation of the safeguard framework, the responsibilities of key parties, and grievance processes and responsibilities. 4) Environmental Assessments and Screening Process: outlines the process of assessing potential environmental or social impacts against the Negative List of Prohibited Activities, Indigenous Peoples and Land Acquisition Frameworks. 5) Environmental Management Framework: outlines how an environmental management framework will be used to determine potentially adverse impacts of sub-projects and mitigation measures. 6) Social Management Framework: outlines the social management framework to address social concerns. The annexes consist of the following: Annex A. ESMP and SPPL Template Annex B. Land Acquisition and Resettlement Policy Framework (LARPF) Annex B1. Outline of Land Acquisition and Resettlement Action Plan (LARAP) Annex B2. Example of a Letter of Land Donation Annex C. Indigenous Peoples Planning Framework (IPPF) Annex D. Environmental Codes of Practices (ECOPs) Annex E. Physical and Cultural Chance Find Procedures Annex F. Types of Public Works Requiring ESMP (UKL/UPL) Annex G. Standard Clauses for Environmental Management during Construction Annex H. Standard Monitoring Plans Annex I. Gap Analysis of GoI Regulations and World Bank Policies Annex J. Minutes of the ESSF Public Consultation Workshop Annex K. List of Participants for the ESSF Public Consultation Workshop II. Regulatory and Policy Review 10 10 2.1 National Legislation, Regulation and Policies relating to Environmental and Social Safeguards 2.1.1 Environmental Safeguards National legislation related to coastal and marine management and conservation, and relevant to Coremap-CTI, are as follows: A. Laws – Undang-Undang (UU) 1. UU No. 32/2014, on Marine; 2. UU No. 23/2014, on Regional Government; 3. UU No. 27/2007, on the Management of Coastal Areas and Small Islands jo UU No. 1/2014, on Coastal and Small Island Management; 4. UU No. 7/2012, on Handling of Social Conflict; 5. UU No. 32/2009, on environmental management and protection confirming that control of impacts is governed by AMDAL (Article 22) and UKL - UPL (Article 34); 6. UU No. 31/2004 on Fisheries jo UU No.45/2009 on Fisheries; 7. UU No. 5/1990, on Conservation of Natural Resources. B. Government Regulations – Peraturan Pemerintah (PP) 1. PP No. 24/2018, on Electronically Integrated Permitting Service; 2. PP No. 46/2016 on Strategic Environmental Assessment Implementation Procedure 3. PP No. 27/2012, on Environmental Permit (Izin Lingkungan). This PP regulates that obliged-AMDAL or UKL-UPL projects shall have the Permit; 4. PP No. 60/2007 on Conservation of Fisheries Resources; 5. PP No. 19/1999, on Pollution Control and/or Marine Degradation; 6. PP No. 82/2001, on Management of Water Quality and Pollution Control. C. Ministry Regulations – Peraturan Menteri (Permen) 1. Minister of Home Affairs No. 07/2018, on the Preparation and Implementation of Strategic Environmental Assessment in the Formulation of Medium-Term Regional Development; 2. Minister of Environment and Forestry Regulation No. 34/2017, on the Recognition and Protection of Local Wisdom in the Management of Natural Resources and Environment 3. Minister of Marine Affairs and Fisheries No. 47/PERMEN-KP/2016, on the Utilization of marine protected areas; 4. Minister of Environment Regulation (PERMEN) No. 05/2012, concerning types of business plan and/or activities requiring AMDAL. This regulation also deals with screening criteria for any projects that are not stated within the list of obliged-AMDAL projects (Appendix II of the PERMEN LH No. 05/2012); 5. Minister of Environment Regulation (PERMEN) No. 16/2012, concerning Guidelines for Providing Environmental Documents (i.e. AMDAL documant, UKL-UPL forms, and SPPL); 6. Minister of Public Works Regulation No.10/PRT/M/2008, determining the types of public works business plans and/or activities requiring environmental management and monitoring plans (UKL-UPL). D. Ministry Decrees – Keputusan Menteri (Kepmen) 1. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No.5/2014, on Water Conservation National Areas of Savu Sea and Surrounding Seas in Nusa Tenggara Province; 2. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 6/2014, on Management and Zoning Plans of Water Conservation National Areas of Savu Sea and Surrounding Seas in Nusa Tenggara Province in 2014-2034; 11 3. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 64/2009 on National Marine Protected Areas of the Raja Ampat Islands and Surrounding Seas in West Papua Province; 4. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 63/2014 on Management and Zoning Plans of the Marine Nature Reserve of the Raja Ampat Islands and Surrounding Seas in West Papua Province in 2014-2034; 5. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 65/2009 on the National Marine Protected Areas of the West Waigeo Islands and Surrounding Seas in West Papua Province; 6. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 60/2014 on Management and Zoning Plans for Marine Nature Reserve of the West Waigeo Islands and Surrounding Seas in West Papua Province in 2014-2034; 7. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 36/2014 on the Marine Conservation Area of the Raja Ampat Islands in Raja Ampat Regency West Papua Province; 8. Minister of Marine Affairs and Fisheries Decree (KEPMEN) No. 4/2014 on the establishment of the Fully Protected Status of Manta Rays; 9. Minister of Environment Decree (KEPMEN) No. 4/2001, on criteria for coral reef degradation; 10. Minister of Environment Decree (KEPMEN) No. 51/2004, on Sea Water Quality Standards; 11. Minister of Environment Decree (KEPMEN) No. 201/2004, on Standard Criteria and Guidelines for Determination of Mangrove Degradation. E. Directorate General Decree - Keputusan Direktorat Jenderal (Kepdirjen) Director General Decree (KEPDIRJEN) of Marine, Coastal, and Small Islands No. 44/KP3K/2012, on approval of the release of the E-KKP3K book regarding evaluation and effectiveness of the management of marine protected areas, coastal areas, and small islands. 2.1.2 Social Safeguards National legislation related to social safeguards including land acquisition and indigenous peoples issues, and relevant to Coremap-CTI, are as follows: Land acquisition: a. UU No. 2/2012, on Land Acquisition for Developments of Public Interest; b. Regulation of National Land Agency (Peraturan Kepala Badan Pertanahan Nasional) No. 5/2012 on the Implementation Guidelines on the Land Acquisition for Development of Public Interests; c. Presidential Regulation No. 71/2012, on the Implementation of Land Acquisition for Development of Public Interests; d. Presidential Regulation No. 62 Tahun 2018, on Social Impact Management of Land Acquisition for National Development. Indigenous Peoples: a. UU No. 41/1999, on Forestry; b. Presidential Decree No. 111/1999, on Development of Isolated Traditional Communities (KAT); c. Minister of Home Affairs Regulation No. 52/2014, on Guidelines for the Recognition and Protection of Indigenous People; d. Social Ministry Decree No. 06/PEGHUK/2002, on Implementation Guidelines of Isolated Traditional Community Empowerment; 12 e. Social Empowerment Director General Decree No. 020.A/PS/KPTS/2002, on Implementation Guidelines for Isolated Traditional Communities. 2.2 Environmental and Social Safeguard Policies of the World Bank applied to COREMAP-CTI The COREMAP-CTI is classified as a Category B project and triggers the following four WB Operational Policies (OP): 1. Environmental Assessment (OP 4.01) 2. Natural Habitats (OP 4.04) 3. Indigenous People (OP 4.10) 4. Involuntary Resettlement (OP 4.12) The WB environmental and social safeguard policies that apply to COREMAP-CTI are summarized in Table 5. TABLE 5: THE WORLD BANK ENVIRONMENTAL AND SOCIAL SAFEGUARD POLICIES Operational Policy Code Description and Objectives (OP) OP Environmental Description: 4.01 Assessment The Bank requires environmental assessment (EA) of (EA) projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making. EA takes into account the natural environment (air, water, and land), human health and safety; social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources) and transboundary and global environmental aspects. EA considers natural and social aspects in an integrated way. EA is initiated as early as possible in project processing and is integrated closely with the economic, financial, institutional, social, and technical analyses of a proposed project. EA’s should include analysis of alternative designs and sites, or consideration of “no option” requiring public consultation and information disclosure should be done throughout the project cycle. Objectives: • To inform decision makers of the nature of environmental, social risks and opportunities; • To ensure that projects proposed for Bank financing are environmentally and socially sound and sustainable (promote positive impacts, avoid/mitigate negative impacts); • To increase transparency and participation of stakeholders in the decision-making process as one essential element. 13 Operational Policy Code Description and Objectives (OP) OP Natural Habitats Description: 4.04 (NH) The bank will not support significant conversion or degradation of critical natural habitats. If it is unavoidable, compensation through additional protected area of equivalent value. This policy implies precautionary approach to natural resource management in interest of sustainable development. If potential for impacts exists, the WB insists the client implement protection which also includes preparation, appraisal, and supervision that must involve qualified experts. Local participation should include views/roles/needs of the local community including non-governmental organizations (NGO) involved in planning and implementation, and should support local conservation incentives. Objectives: • To protect, maintain, and restore natural habitats and their biodiversity; • To ensure the sustainability of services and products that natural habitats provide to human society. OP Indigenous Peoples Description: 4.10 (IP) The term Indigenous Peoples (IP), which includes “indigenous ethnic minorities” describes social groups with a vulnerable, social and cultural identity distinct from the dominant society, and attached to geographically distinct habitats or historical territories, with a separate culture than that dominant in the project areas, and usually different language. The Bank requires that a project involving indigenous peoples design and implement projects in a way that fosters full respect to indigenous peoples’ dignity, human rights, and cultural uniqueness and so that they: (a) receive culturally compatible social and economic benefits; and (b) do not suffer adverse effects during the development process. Indigenous peoples are identified as possessing the following characteristics in varying degrees: (a) a close attachment to ancestral territories and to the natural resources in these areas; (b) self- identification and identification by others as members of a distinct cultural group; (c) an indigenous language, often different from the national language; and (d) presence of customary cultural, economic, social or political institutions. Also, the Bank requires that a process of free prior and informed consultation with the indigenous peoples’ communities should be conducted during project preparation and project implementation to fully identify their views and receive broad community support. Objectives: • To foster full respect for human rights, economies, and cultures of IP; 14 Operational Policy Code Description and Objectives (OP) • To avoid adverse effects on IP during the project development. OP Involuntary Description: 4.12 Resettlement (IR) Bank experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. Objectives: • To minimize displacement; • To treat resettlement as a development program; • To provide affected people with opportunities for participation; • To assist displaced persons in their efforts to improve their incomes and standard of living, or at least to restore them; • To assist displaced people regardless of legality of tenure; • To pay compensation for affected assets at replacement cost. It is important to note that neither OP 4.36 on Forests nor OP 4.11 on Physical Cultural Resources are triggered by the project. For Forests (OP 4.36), the rationale is that the project will not finance any activities that would involve significant conversion or degradation of critical forest areas or related critical natural habitats as defined under the policy. No net loss of mangroves would occur because of project activities. For Physical Cultural Resources (OP 4.11), the rationale is that there are no known PCRs in any of the project sites, which are the same sites as under COREMAP I and II. The project will not finance any activities that will adversely affect archeological, paleontological, historical, religious, or unique natural values as defined under the policy. To address possible chance finds, the project ESSF includes an annex on standard chance finds procedure clauses that will be included in all construction contracts financed by the project. 2.3 Gap Analysis of GoI Regulations and World Bank Policies 15 The activities in the project need to comply with both Indonesian laws and regulations, and WB safeguards policies. One goal of the ESSF is that all safeguards documents prepared will meet both sets of requirements. The gap analysis of GoI regulations and WB policies matrix is included in Annex I. III. Environmental and Social Safeguard Frameworks (ESSF) The ESSF is applied to all proposed and planned activities of COREMAP-CTI. This framework consists of two main processes: (1) environmental and social screening processes, and (2) preparation of environmental and social safeguard instruments (ESMP, LARAP, IPP) following the guidelines in the individual frameworks. Environmental and social screening is performed to assess the potential negative impacts (if any) of the COREMAP-CTI program. 3.1 Social and Environment Screening All planned activities will undergo environmental and social screening, which includes: 1. Screening against the COREMAP-CTI negative list; 2. Screening against the environmental and social safeguards checklist. Screening is carried out by LIPI and ICCTF-BAPPENAS as PIUs. 3.1.1 COREMAP-CTI Negative List The COREMAP-CTI negative list is the first screening tool for any planned activities. The COREMAP-CTI will not facilitate and finance the following activities that could potentially have adverse environment and social impacts: • Any activities with significant, sensitive, complex, irreversible and unprecedented potential adverse enviromental and social impacts requiring a full enviromental assessment to manage and mitigate such impacts in accordance with the Ministry of Environment Regulation No. 5, 2012, or Ministry of Public Works and Housing Regulation No. 10, 2008. • Any activities requiring large scale acquisition. If land is needed for construction of small scale infrastructure, it will need to be a part of the community contribution and an elected village forum will need to provide written confirmation that affected individuals have not been negatively affected. Land purchase on a small scale is possible. • Activities that result in significant conversion or degradation of natural habitats including those of terrestrial, coastal and marine ecosystems, or activities where the conservation and/or environmental gains do not clearly outweigh any potential losses and/or necessitate any resettlement. • Coral mining (dead or alive). • Large-scale construction expected to lead to significant adverse environmental and social impacts. • Any activity that is likely to create major or significant adverse impacts to ethnic groups or Indigenous Peoples within the village and/or in neighboring villages, or any activity that is unacceptable to ethnic groups living in a village of mixed ethnic composition. • Activities that will cause loss or damage to cultural property, including sites with archaeological (prehistoric), paleontological, historical, religious, cultural and unique natural values. • Activities that do not appreciate the traditional knowledge and cultural values of indigenous and local peoples by referring to international legal obligations including the UN Declaration on the Rights of Indigenous Peoples. • Activities that violate human rights, including gender discrimination and child labor. 16 • Activities producing or using materials or commodities that directly or indirectly disrupt public health, such as asbestos, tobacco, liquor, narcotics and others as defined in GOI regulations. • Activities that are political in nature. 3.1.2 Environmental and Social Safeguards Checklist If the proposed activities have passed through the Negative List screening, the second screening, the environmental and social safeguards checklist, is applied (Table 6). The checklist provides a tool for PIUs to recognize potential risks of planned activities to the environment, to the presence of Indigenous Peoples, or any land acquisition. If the answer to any of the questions in the checklist is “Yes”, then the ESSF guidance should be followed and relevant safeguard instruments (action plans) should be prepared along with the project/activity proposal. The ESSF guidance includes: 1. The Environmental Management Framework (EMF) 2. The Land Acquisition and Resettlement Policy Framework (LARPF) 3. The Indigenous Peoples Planning Framework (IPPF) If proposed activities pass the screening against the negative list, the activities shall identify key safeguard issues and provide mitigation measures set up in the respective safeguard instruments as indicated in the associated environmental and social frameworks. T ABLE 6: SCREENING CHECKLIST FOR E NVIRONMENTAL AND S OCIAL S AFEGUARDS ESSF Yes No Guidance A. Environment – Will sub-projects during construction and operational phase: 1. Risk causing contamination of drinking water? 2. Cause poor water drainage and increase the risk of water related diseases such as malaria? 3. Harvest or exploit a significant amount of natural resources such as trees, mangroves, fuel wood, fish, or water? 4. Be located within or nearby environmentally sensitive areas (e.g. intact natural forests, mangroves, coral reefs, wetlands) or threatened species? 5. Create a risk of increased soil degradation or erosion? 6. Create a risk of or potential for landslides? 7. Create a risk of increasing soil salinity? 8. Produce or increase the production of solid or liquid wastes (e.g. water, medical, domestic or construction wastes)? 9. Affect the quantity or quality of surface waters (e.g. sea, rivers, streams, wetlands) or groundwater (e.g. wells)? 10. Result in the production of solid or liquid waste, or result in an increase in waste production, during construction or operation? 17 ESSF Yes No Guidance If the answer to any of the questions 1-10 is “Yes”, please include an Annex A Environmental and Social Management Plan (ESMP) or SPPL supplemented ESMP, by Environmental Codes of Practice with the activity application. SPPL. B. Land acquisition – Will the sub-projects: 11. Require that land (public or private) be acquired (temporarily or permanently) for development? 12. Most probably acquire land from the community through land donation? 13. Acquire land by purchasing from land owners? 14. Use land that is currently occupied or regularly used for productive purposes (e.g. gardening, farming, a fishing location, forests)? 15. Result in the temporary or permanent loss of crops, fruit trees or household infrastructure such as outside toilets and kitchens? 16. Result in the loss of income sources and means of livelihood due to land acquisition? If the answer to any of the questions 11-18 is “Yes”, please consult the ESSF Annex B and, if needed, prepare a Land Acquisition and Resettlement Action Plan LARPF (LARAP) or a letter of land donation with the activity application. C. Indigenous Peoples: 17. Are there social-cultural groups present in the project area, or who use the project area, who may be considered as “indigenous peoples/ethnic minorities/tribal groups”? 18. Are there community members of the indigenous groups in the project area who will either receive benefits or are adversely impacted by the project? 19. Do such groups self-identify as being part of a distinct social and cultural group? 20. Do such groups have a close attachment to ancestral territories and/or to the natural resources in the project area? 21. Do such groups use indigenous languages that differ from the national language or language used by the majority, in the project area? 22. Do such groups have customary cultural, economic, social, or political institutions? 23. Have such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against? 24. Are such groups represented in any formal decision-making bodies in the national or local levels? If the answer to any of the questions 19-26 is “Yes”, please consult the ESSF Annex C and, if needed, prepare an Indigenous Peoples Plan (IPP) with the activity IPPF application. Gender Mainstreaming Gender mainstreaming is an important aspect of project implementation. The involvement of all parties, both men and women, is needed to ensure that all modalities can be utilized to achieve the goal of improving the welfare of the community. The implementation of the COREMAP-CTI 18 project is expected to apply the principles of gender equality. In this case, both men and women are equal partners who receive fair treatment in terms of access to resources of, control of, participation in, and benefit from, all activities. To mainstream gender equality, the project can not ignore women's right to make decisions. For example, in meetings it is expected that women can attend and vote, and can also be decision makers. In addition, this project is expected to recognize the status of women as head of a particular group. This project provides equal opportunities for women to exercise control or power over the implementation of activities in a household or community group. Regarding basic services and employment opportunities, the project is expected to provide equal access to all parties. Women's involvement in the COREMAP-CTI project is carried out through women's participation in capacity building activities such as training in mangrove management, training in coral reef conservation, and the provision of equipment for home industries and handicrafts for women's groups, so that women' participation can be utilized to protect the environment and improve the the economic position of households. 3.2 Environmental Management Framework (EMF) The framework consists of a set of monitoring, mitigation and institutional measures to be taken during planning and implementation of the planned physical activities to eliminate or reduce adverse environmental and social impacts to acceptable levels. Potential environmental impacts of sub-projects financed by Coremap-CTI and the associated mitigation measures are presented in Table 7. No specific safeguard instruments will be prepared for the Technical Assistance; however, WB policies will be complied with in the approach and outputs of these activities. 3.2.1 Environmental Assessment The EMF consists of environmental assessment instruments required by the Environmental Assessment (OP 4.01) policy of the WB and Law (UU) 32/2009 on Environmental Management and Protection of the Government of Indonesia, which will be applicable to any activities proposed for COREMAP-CTI. The framework provides guidance for preparation, appraisal and implementation of an Environmental and Social Management Plan (ESMP), and the roles and responsibilities of each party/institution. The instruments include: A. Environmental and Social Management Plan (ESMP) (or UKL/UPL PERMEN LH 16/2012) Environmental management and monitoring efforts and plans are required by any activity that is not obliged to an Environmental Impact Assessment (EIA or AMDAL). The ESMP contains standard mitigation and monitoring plans to cover typical impacts from any construction activities, including worker/community health and safety, earthworks, and solid and hazardous waste management. The ESMP also contains standard ESMP monitoring, reporting and review processes to streamline processes across the PIU and the activities. The ESMP should be prepared by competent entities and follow the requirements stated in the Permen LH No. 16/2012 as well as WB safeguard policies. The ESMP should contain information on project initiator identity, proposed activity, potential environmental impacts, proposed management (including mitigation) and monitoring programs, and institutional measures. Detailed explanation of the ESMP (UKL/UPL) is available in Environmental Ministry Regulation (PERMEN LH) No. 16/2012 which refers to Law (UU) No. 32/2009. The ESMP shall also be reviewed by the Bank to ensure that WB safeguard policies have been incorporated. The ESMP template can be seen in Annex A. B. Environmental Management and Monitoring Commitment Letter (SPPL) 19 The SPPL is used for activities not included in the list of the AMDAL and UKL-UPL. The SPPL is compiled by any implementing unit (PMO/PIU/other implementing units) following the SPPL templates provided in the Permen LH 16/2012 (Annex B). Since COREMAP-CTI activities are not expected to cause significant and severe impacts to the environment, full EIA or AMDAL documents should not be required for any proposed activities. If there are any proposed activities that require the AMDAL, they will not be financed under COREMAP-CTI. Activity's physical activities shall not commence before the environmental permit (if UKL- UPL is required) or SPPL is obtained from the authorities. PP 24/2018 and PP 27/2012 serve as GOI references for environmental permitting processes. ESMP documents with action items relevant to the Construction Contractor should be part of the bidding document, therefore the cost associated with implementing the ESMP should be recognized by the bidders. The GOI environmental permit and WB safeguard requirements are to be incorporated in the contract document. T ABLE 7: POTENTIAL E NVIRONMENTAL IMPACTS OF LIKELY PROJECTS AND MITIGATION MEASURES Activity Typology Potential Adverse Proposed Mitigation Measures Environmental Impacts Construction/refurbishm • Soils - contamination from • Control and daily ent/upgrading of venue to waste materials, e.g. cement cleaning at construction become a Regional and paints, engine oil, etc. sites, provision of Training Center of Soils - erosion and flooding adequate waste disposal Excellence from new construction services • Appropriate design and siting of building, away from slopes and with adequate drainage • Water quality and flow – • Proper disposal of water contamination due to chemicals and other materials and chemicals hazardous materials • Water quality and flow - • Regular cleaning of blockage of drains drains • Water quality and flow - • Proper siting of facility contamination from latrines and latrines in relation to water sources, and maintenance of latrines • Air quality - dust, noise, • Dust control by water, odor, and indoor pollution appropriate design and siting, restrictions on construction to certain times • Air quality - air and vector • Insure maintenance plan borne diseases due to and schedule for latrines improper maintenance or neglect of latrines • Consider alternative sites 20 Activity Typology Potential Adverse Proposed Mitigation Measures Environmental Impacts • Biodiversity and forests - disturbance of national parks and other protected areas • Minimize vegetation loss • Biodiversity and forests - during construction vegetation loss • Regular clean-up • Social - increased refuse • Provision of basic safety • Social - construction training and equipment, accidents first aid facilities or materials Monitoring and research Marine Biodiversity - SOP for conducting activities disturbance of national parks monitoring activities and other protected areas Construction of • Soils - contamination from • Control and daily information center, waste materials, e.g. cement cleaning at construction hiking track, and and paints, engine oil, etc. sites, provision of mangrove track for adequate waste disposal ecotourism infrastructure services • Soils - erosion and flooding • Appropriate design and from new construction siting of building, away from slopes and with adequate drainage • Water quality and flow – • Proper disposal of water contamination due to chemicals and other materials and chemicals hazardous wastes • Water quality and flow - • Proper siting of facility contamination from latrines and latrines in relation to water sources, maintenance of latrines • Air quality - dust, noise, • Dust control by water, odor, and indoor pollution appropriate design and siting, restrict construction to certain times • Biodiversity and forests - • Consider alternative sites disturbance of national parks and other protected areas • Biodiversity and forests – • Minimize vegetation loss mangrove vegetation loss during construction • Increased waste volume due • Regular clean-up to increased numbers of visitors/tourists • Public awareness 21 Activity Typology Potential Adverse Proposed Mitigation Measures Environmental Impacts • Provided trash bins around ecotourism infrastructure • Consider environmental carrying capacity of the location • Provision of basic safety • Social - construction training and equipment, accidents first aid facilities or materials Construction of jetty and • Soils - contamination from • Control and daily surveillance post for waste materials, e.g. cement cleaning at construction POKMASWAS and paints, engine oil, etc. sites, provision of adequate waste disposal services • Soils - abrasion • Appropriate design and siting of building, • Water quality and flow – • Proper disposal of water contamination due to chemicals and other materials and chemicals hazardous materials • Proper siting of facility and latrines in relation to water sources, maintenance of latrines • Air quality - dust, noise, • Dust control by water, odor, and indoor pollution appropriate design and siting, restrict construction to certain times • Biodiversity and forests - • Consider alternative sites disturbance of national parks and other protected areas • Biodiversity and forests - • Minimize vegetation loss mangrove vegetation loss during construction • Increased waste volume due • Regular clean-up to increased numbers of visitors/tourists • Public awareness • Consider the environmental carrying capacity of the location • Provide trash cans around ecotourism infrastructure • Social - construction • Provision of basic safety accidents training and equipment, 22 Activity Typology Potential Adverse Proposed Mitigation Measures Environmental Impacts first aid facilities or materials Coastal habitat • Loss of seedling habitat • Seedlings will only be rehabilitation harvested from areas with at least 50 percent coverage of vegetation • Loss of coastal ecosystems due to inappropriate • Proper guidance on rehabilitation methods mangrove and coral reef rehabilitation Tagging of marine • Premature death of tagged • Proper guidance and mammals, manta rays animals due to procedural technical training for and sharks error tagging 3.2.2 Monitoring and Evaluation of the ESMP Environmental and social monitoring during project implementation provides information about key environmental and social aspects of the project, and about the effectiveness of mitigation measures. Specifically, the monitoring section of the ESMP provides: 1. A specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definitions of thresholds that will signal the need for corrective actions. 2. Roles and responsibilities of key project staff tasked with primary oversight for monitoring environmental and social impacts and management. 3. Monitoring and reporting procedures to: a. Ensure early detection of conditions that necessitate specific mitigation measures, and furnish information on the progress and results of mitigation and any remedial or capacity building steps deemed necessary. The Safeguards teams of LIPI and ICCTF-BAPPENAS will carry out monitoring and provide periodical monitoring reports to the PMO. The community or contactor will conduct monitoring and inspection of the site and perimeter on a regular basis and act when necessary. The standard monitoring plans can be seen in Appendix C. 3.3 Social Safeguard Framework The Social Safeguards Framework includes: a. The Land Acquisition and Resettlement Policy Framework (LARPF, Annex B) b. Indigenous Peoples Planning Framework (IPPF, Annex C) 23 3.3.1 Frameworks for Land Acquisition If the planned activities require land acquisition, and affect the settlement of local communities, the ESSF requires the activities to respect a Land Acquisition and Resettlement Policy Framework (LARPF). The LARPF requires any project involving land acquisition to provide the Land Acquisition and Resettlement Action Plan (LARAP). Based on the scale of impacts, there are two types of LARAP, which are (1) Land Acquisition and Resettlement Action Plan (LARAP), which is required when land acquisition affects more than 200 people, takes more than 10 percent of household productive assets and/or involves physical relocation; and (2) Abbreviated LARAP, which is acceptable if fewer than 200 persons are affected by land acquisition, and less than 10 percent of all productive assets of the affected households are taken. The instruments aim to ensure that any such potential impacts are minimized, and that any persons affected by such impacts are provided ample opportunity, through provision of compensation or other forms of assistance, to improve or at least restore their incomes and living standards. Component 3 of the project has indicated that no large-scale infrastructure (that leading to large- scale land acquisition/resettlement) will be financed. No LARAP is anticipated in any activities; the activities will only involve small-moderate scale infrastructure with limited land acquisition, which will be acquired through land donation or will only need an abbreviated LARAP. For physical works under LIPI (Sub-component 1.3), no additional land is needed as the activities are renovating/upgrading existing offices and laboratories. Experience from projects, such as PAMSIMAS, PNPM, among others, shows a clear track record of instances where land owners donated their land for public facilities (without coercion) and the statement letters are available for review. 3.3.2 Indigenous Peoples Planning Framework (IPPF) The Indigenous Peoples Planning Framework (IPPF) is prepared to provide some general principles and procedures that will be applied during activity preparation and implementation, if IP are to be affected. The purpose of the framework is to ensure consultation, give IP a voice, and give IP an opportunity to benefit from the program. The detail guideline for the IPPF is given in Annex C. If, the activities will affect (positively or negatively) the indigenous peoples or ethnic minority, the project implementer should develop an Indigenous Peoples Plan (IPP), as directed in the Framework. The IPP should be reviewed and approved by the WB prior to implementation. If the indigenous peoples are beneficiaries of the acivities, a stand-alone IPP may not be needed. The IP inclusion or development will be part of the project desgn itself. COREMAP-CTI components support sub-projects across several provinces of the country. IP and/or ethnic minorities are found in areas of participating provinces including East Nusa Tenggara, West Papua and Papua. IP and/or ethnic minority communities are likely to be positively affected by the sub-projects/activities. 3.4 Implementation Arrangements for the ESSF of the COREMAP-CTI Institutional arrangements for COREMAP-CTI can be seen in the following organogram: 24 The implementation arrangement for the COREMAP-CTI ESSF aims to ensure that all parties understand their responsibility in implementing ESSF safeguard screening and the associated environmental and social frameworks. All activities that may generate adverse environmental and social impacts must follow the ESSF guidance. Once the impacts are identified, the relevant action plan should be prepared. The ESSF document starts with LIPI and ICCTF-BAPPENAS, the PIUs that prepare annual lists of proposed activities/sub-projects (Annual Work Plans). Each PIU screens the proposed activities against the negative list and the safeguards checklist. Alongside LIPI and ICCTF- BAPPENAS, the Center for Planners Development, Education and. Training CPDET- BAPPENAS also plays a PIU role. However, the activity implemented by CPDET-BAPPENAS, the provision of master’s degree scholarships, does not trigger environmental-social impacts and thus CPDET-BAPPENAS does not hold responsibility for ESSF implementation. If the activities involve any environmental and social issues (i.e. any YES answer in the checklists), the PIU should provide relevant action plans, i.e. ESMP (UKL/UPL), SPPL, LARAP (Land Acquisition and Resettlement Action Plan), and/or IPP (Indigenous Peoples Plan) as directed herein. If the activities are not listed in the negative list and all the answers of the safeguard checklist are NO, the activity can be implemented without safeguard instruments/action plans. The PMO oversees evaluation and review of the project’s safeguards work, due diligence and compliance. The PMO will have a safeguard unit responsible for evaluating safeguard documents for all planned activities, and for ensuring that the implemented activity has a proper safeguard document/action plan. Each PIU will assign a safeguard focal point responsible for ensuring that the ESSF is followed during the implementation of sub-projects. Moreover, the PMO safeguard unit is accountable for monitoring and evaluation (MONEV), reporting, and documentation of the implementation of the project ESSF, as well as problem resolution. The safeguard report will be a part of the COREMAP-CTI progress report. 25 In collaboration with the PMO, the WB safeguard team will review the safeguard documentation as required and during supervision missions. 3.5 Institutional Responsibilities The overall responsibility of ESSF implementation and environmental and social safeguard performance is held by the PMO and the PIUs. The PMO is the focal point for all matters relating to safeguard issues during the COREMAP-CTI project. The roles and responsibilities of the different agencies involved in implementing safeguards are as follows: TABLE 9: SUMMARY OF THE RESPONSIBILITIES OF KEY PARTIES. Organization Responsibilities LIPI - Project • Monitor and evaluate activities safeguards documents. Management Office • Develop, organize and deliver training programs and workshops for the (PMO) project implementer at all levels of ESSF implementation. • Report to WB on the overall environmental and social safeguard performance of the project (by consolidating all sub-projects reports) as part of periodic progress reporting. LIPI and ICCTF- • Screen the planned activities against the negative list and environmental and BAPPENAS - Project social safeguard checklist. Implementing Units • Review activity proposals and the safeguards checklist and ensure that it is (PIUs) complete and accurate. • Ensure no prohibited activities or budget items are included in the activity proposal, as per the negative checklist. • Identify potential impacts and prepare appropriate mitigation measures and required documents and plans such as the ESMP, LARAP and IPP. The proposed plan and/or actions should be made in consultation with the affected population (positive or negative). • If needed, make site visits during the safeguard screening to those sub- projects that trigger safeguards to verify the physical characteristics of the acivities with social and environmental impacts and/or to verify the consultation process with Project-Affected Persons (PAP). • Facilitate agreements between communities/stakeholders and implementers for safeguards mitigation measures, as necessary. • Monitor and evaluate the implementation of sub-grant activities carried out by NGOs/other parties. • Disclose the action plans in places accessible to affected people. • Implement the agreed action plans and submit progress reports periodically. • Document/report to PMO and WB on a quarterly basis. • Ensure that ESMP documents (UKL-UPL or SPPL acceptable to the Bank) are attached to the bidding and contract documents as part of the requirements. • Monitor and supervise the implementation of ESSF in the sub-projects. World Bank • Assist the PMO during the preparation of any safeguard instruments/action plans, as necessary. • Review safeguards instruments/action plans (ESMP, LARAP, IPP). • Supervise regularly the implementation of any social and environmental mitigation plans. 26 3.6 Grievance Redress Mechanism Grievance procedures will include reasonable performance standards, e.g., time required to respond to complaints, and will be provided without charge to any affected people or community. The grievance redress mechanism can operate through two modes. The first mode has the complainant's first point of contact being the extension officer, who has the role of finding a solution, documenting it, and taking it to the PIU. The PIU should be able to solve the problem before proceeding to the PMO. However, there may be a need to escalate the grievance from the activity level to the project level due to vested interests. For this purpose, the PMO should have a communications specialist who can be a spokesperson and complaints manager for the whole project. The second mechanism is a telephone “hotline” number that individuals can call to report grievances. This mechanism is characterized by direct involvement of the PMO in every grievance. The PMO will cross-check the grievance with reasonable facts prior to responding. This mechanism requires that there be a unit at the PMO who can deal with these complaints and act in a timely manner. This grievance unit is responsible for problem resolution and documentation of all grievance processes, from receiving, forwarding, responding, and closing of any grievance. This enables the PMO to track all grievances and take appropriate action. This hotline number will be provided by both LIPI and ICCTF-BAPPENAS. As an addition to the PMO hotline number, ICCTF-BAPPENAS will place information and an email address for grievance redress on the existing ICCTF-BAPPENAS website (www.icctf.or.id). A separate hotline telephone number for GEF activities grievance redress will also be provided by ICCTF-BAPPENAS upon the commencement of the sub-projects. LIPI already has a hotline for grievance redress (0896-1212-1222), as well as an online form (www.pengaduan.lipi.go.id). In addition, complaints can be delivered by mail (fax, email, or post) to central and regional COREMAP-CTI implementing units, according to the scope of the complaint. In summary, grievances can be submitted via: 1. Online form at the project website for COREMAP-CTI: http://coremap.or.id; 2. Email: humas.oseanografi@mail.lipi.go.id; pengaduancoremap@lipi.go.id; 6. Telephone/Fax: (021) 64713850 / (021) 64711948 (Puslit Oseanografi LIPI) (with ICCTF- BAPPENAS phone number to be provided by commencement of the sub-projects); 7. Face to face (discussions, workshops, and training); 8. Mailing address: Tim Pelaksana Kegiatan COREMAP CTI, Puslit Oseanografi LIPI, Jalan Pasir Putih I, Ancol Timur, Jakarta 14430. 21 IV. Supervision, Monitoring and Evaluation Safeguards supervision, monitoring and evaluation will be done by different levels of the COREMAP-CTI organization: • Project Implementing Unit (PIU) • Project Management Office (PMO) • The World Bank (WB) The PIU shall oversees supervision, and monitoring and evaluation of the ESSF of the activities/sub-projects carried out by implementers. The PMO shall conduct regular supervision and monitoring of implementation of the safeguard performance and periodic reporting as part of the COREMAP-CTI project progress reports to the WB. The PMO will also carry out a post-implementation evaluation of safeguards implementation around a year after completion of a sub-project, in order to ascertain whether the objectives of the safeguards application were attained. The WB will conduct regular supervision, to review safeguards implementation and to recommend follow up action to PMO as necessary. V. Capacity Building To complement the existing capacities and address any gaps in environmental and social safeguards management, it is necessary to build capacity in implementation and monitoring of safeguards. COREMAP-CTI PMO/PIUs will conduct a capacity needs assessment and provide training on ESSF requirements for conducting, managing, and monitoring safeguards to any implementing units involved. For effective environmental and social safeguards management, the PMO will require implementation support in three main areas: 1. dedicated staff and resources; 2. technical assistance; and 3. training and awareness. Capacity development for safeguard implementation should include: (i) an institutional development strategy and organizational framework to manage the affected area and project activities; (ii) workshops and training programs to build capacity of involved staff, communities, and other agencies. The WB will monitor and provide guidance in the implementation of the capacity building program. The WB will also assist with capacity building in the implementation of approved safeguard action plans. VI. Documentation and Information Disclosure The PMO/PIU shall provide accurate ESSF documentation, as well as make information available for local public access, particularly that related to the ESMP e.g. mitigation of social or 22 environmental impacts. The ESSF document (both in Indonesian and English) and any action plans (LARAP, ESMP and IPP) will be disclosed online at LIPI’s and ICCTF-BAPPENAS’ websites (in Indonesian and English) as well as on the WB's website (ImageBank) (in English). The action plans will also be disclosed at places accessible to all levels of the community that may be affected. Stakeholder consultation for finalizing the updated ESSF document of COREMAP-CTI was conducted in Makassar on 23 July 2018. Comments and input from the participating stakeholders are included in this updated ESSF document, disclosed as per above. Minutes of consultation and list of participants are attached as Annex J and K. VII. Budget and Financing Cost related to the implementation of ESSF will occur in the following forms: • Preparation of the safeguard instruments (ESMP/UKL-UPL, SPPL, LARAP, IPP, TOR for GEF-funded proponents) at activities preparation stage; • Capacity building for the provision of the safeguard instruments; • Cost for the implementation and monitoring of safeguard instruments; • Establishment/appointment of a safeguard unit/persons and grievance unit/person in the PMO and PIUs. 23 ANNEX A. ESMP (UKL-UPL) Format (in accordance w ith Environmental 24 Ministry Regulation (Permen LH) No 16/2012) and SPPL Format (in accordance w ith Environmental Ministry Regulation (Permen LH) No 16/2012) 24 25 26 27 28 30 SPPL Format (in accordance with Environmental Ministry Regulation (Permen LH) No. 16/2012) 30 ANNEX B . Land Acquisition and Resettlement Policy Framew ork (LARPF) 1. Introduction This document constitutes the policy framework for land acquisition, and for compensation and assistance for Project Affected Persons (PAPs) for COREMAP-CTI. COREMAP-CTI has agreed to apply WB environmental and social safeguard policies in its design and implementation, including OP 4.12, “Involuntary Resettlement.” Because this program identifies activities during the implementation phase, it is not possible to determine land acquisition requiring resettlement plans during project preparation. This framework establishes principles and procedures to be followed if activities undertaken during the COREMAP-CTI implementation causes land acquisition (including land donation). In such instances, the framework requires that a Land Acquisition and Resettlement Action Plan (LARAP) is prepared for the sub-projects causing those land acquisitions. The purpose of these action plans is to ensure that any potential impacts are minimized, and that any persons affected are provided ample opportunity, through compensation or other forms of assistance, to improve or at least restore their incomes and living standards. 2. Policy Objectives and Key Definitions Every reasonable effort will be made to avoid or minimize the need for land acquisition, and to minimize all adverse impacts. If land acquisition and associated adverse impacts cannot be avoided, the principle objective of the LARPF is to ensure that all persons subjected to adverse impacts (“Project Affected Persons” as defined below) are compensated at replacement cost (as defined below) for lost land and other assets or for lost productive assets, and are otherwise provided with any rehabilitation measures or other forms of assistance necessary to provide them with sufficient opportunity to improve, or at least restore, their incomes and living standards. Key definitions are as follows: a. Project Affected Persons (PAPs) refers to all people who, on account of the project-related activities, would have their (i) standard of living adversely affected; or (ii) right, title, or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable assets acquired or possessed temporarily or permanently; (iii) access to productive assets adversely affected, temporarily or permanently; or (iv) business, occupation, work or place of residence or habitat adversely affected. “PAP” means any such type of Project Affected Persons. b. Land acquisition is the process whereby a person involuntary loses ownership, use of, or access to, land as a result of the project. Land acquisition can lead to a range of associated impacts, including loss of residence or other fixed assets (fences, wells, tombs, or other structures or improvements that are attached to the land). c. Rehabilitation is the process by which PAPs are provided sufficient opportunity to restore productivity, incomes and living standards. Compensation for assets is often not sufficient to achieve full rehabilitation. d. Replacement cost is the method of valuation of assets which determines the amount of compensation sufficient to replace lost assets, including any necessary transaction costs. Replacement cost shall normally be assessed by an independent appraisal team/institution, properly constituted in accordance with Indonesian Law and applying the appropriate rules for valuation. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented to meet the replacement cost standard. 3. Key Principles 32 • Wherever possible, activity designs should be conceived as development opportunities, so that PAPs may benefit from the services and facilities created for, or by, project activities. • All PAPs are entitled to compensation for lost assets or loss of access to productive assets, or to alternative but equivalent forms of assistance in lieu of compensation; to ensure that they will not be worse-off due to the activity implementation. Compensation rates as established in a LARAP refer to amounts to be paid in full to the individual or collective owner of the lost asset, without depreciation or deduction for taxes, fees or any other purpose. • The value of assets to be compensated for will be assessed by an independent appraisal team/institution as required in national regulation (UU No. 2/2012 on Land Acquisition for Development of Public Interest). Valuation methods need to reflect use of the replacement cost standard. • When cultivated land is acquired, effort should be made to provide land-for-land replacement. Replacement house plots, sites for relocating businesses, or replacement agricultural land should be of equivalent use value to the land that was lost. • PAPs should be consulted during the process of LARAP preparation, so that their preferences are solicited and considered. The action plans are publicly disclosed in a manner accessible to PAPs. • Methods by which PAPs can pursue grievances will be established, and information about grievance procedures will be provided to PAPs. 4. Preparing Land Acquisition and Resettlement Action Plan (LARAP) Land Acquisition Under sub-component 3.1, the project will finance the costs for developing infrastructure and preparing detailed designs for infrastructure construction, which is very likely to involve land acquisition. The potential investments in infrastructure include construction, rehabilitation, and/or refurbishment of venues to become regional training centres of excellence. The PIU will screen and pre-identify the scale of impact of the land acquisition, based on the estimated number of affected people and the size of the land to be acquired. Based on the OP, there are two main resettlement planning instruments for project impacts, namely the Land Acquisition and Resettlement Action Plan (LARAP), and the Abbreviated LARAP. ▪ Land Acquisition and Resettlement Action Plan (LARAP) is required when land acquisition affects more than 200 people, takes more than 10 percent of household productive assets, and/or involves physical relocation. ▪ Abbreviated LARAP is acceptable if fewer than 200 persons are affected but land acquisition is minor, and less than 10 percent of all productive assets of the affected households are taken. The project has indicated that no large-scale infrastructure leading to large-scale land acquisition or resettlement will be financed. No LARAP is anticipated in any sub-projects to be financed. The sub- projects will only involve small-moderate scale infrastructure with limited land acquisition, which will only need an Abbreviated LARAP, or will acquire land through donation. For this project, the term LARAP will be used instead of the term Abbreviated LARAP. (See Annex B.1 for Outline of LARAP and Annex B.2 for a sample of a Letter of Land Donation.) All action plans must be reviewed and approved by the PMO prior to activities'/sub-projects' final approval, must be locally disclosed in a manner accessible to PAPs, and kept on file by the PMO. Each LARAP should be reviewed and approved by the WB before being implemented. 5. Public Consultation and Disclosure 33 The PMO/PIU shall disclose information about the project and land acquisition process to PAPs and the village leader, explaining the proposal, potential impacts, and legal rights of the PAPs under this framework. PAPs should be provided with opportunities to participate in planning and implementation of any activities that will affect them adversely or positively. All PAPs are to be informed of potential impacts and proposed mitigation measures, including compensation and assistance schemes. The PMO/PIU will ensure that women will be involved in any consultation process. In case of under- representation or where needed, separate meetings with marginalized households, including women shall be organized so that their specific concerns can be discussed. Consultations will be undertaken at venues and times that are suitable for women and will not disadvantage them. Where it is inconvenient for women to attend the meeting, these women will be consulted by visiting their homes. The documents of action plans should be available in Bahasa Indonesia, taking into account literacy levels, and will be disclosed at places accessible to the PAPs, in particular to ensure that the PAPs understands their entitlements. The document will also be disclosed at the COREMAP-CTI website as well as on the WB website. 6. Eligibility and Entitlement Policy All PAPs are eligible for compensation and/or other forms of assistance, as relevant to the nature of the impacts affecting them. Specifically, PAPs will be entitled to the following types of compensation and rehabilitation measures: ▪ PAPs losing agricultural land: - The preferred mechanism for compensation of lost agricultural land will be through provision of replacement land of equal productive capacity and satisfactory to the PAP. If satisfactory replacement land cannot be identified, compensation at replacement cost may be provided. - PAPs will be compensated for the loss of standing crops at market prices, for economic trees at net present value, and for other fixed assets (ancillary structures, wells, fences, irrigation improvements) at replacement cost. - Compensation will be paid for temporary use of land, at a rate tied to duration of use, and the land or other assets will be restored to prior use conditions at no cost to the owner or user. ▪ PAPs losing residential land and structures: - Loss of residential land and structures will be compensated either in-kind (through replacement of house site and garden area of equivalent size, satisfactory to the PAP) or in-cash compensation at replacement cost. - If, after partial land acquisition, the remaining residential land is not sufficient to rebuild or restore a house of other structures of equivalent size or value, then at the request of the PAP, the entire residential land and structure will be acquired at replacement cost. - Compensation will be paid at replacement cost for fixed assets. - Tenants who have leased a house for residential purposes will be provided with a cash grant of three month’s rental fee at the prevailing market rate in the area and will be assisted in identifying alternative accommodation. ▪ Project Affected Persons losing business: - Provision of alternative business site of equal size and accessibility to customers. satisfactory to the project affected business operator. 34 - Cash compensation for lost business structures. - Transitional support for loss of income (including employee wages) during the transition period. - Transitional support for loss of income. ▪ Infrastructure and access to services: - Infrastructure will be restored or replaced at no cost to the communities affected. There will be no deduction for taxes, transaction, or administrative costs for compulsory land acquisition. For negotiated land acquisition, where there is a willing seller and a willing buyer, no administrative cost will be deducted, and tax obligations will be covered by the negotiated transaction. 7. Voluntary Land Donation It is very likely that the sub-projects will involve voluntary land donation, in which PAPs voluntarily contribute a small portion of land for the projects. Land contribution is acceptable only if there is informed consent and power of choice. Informed consent means that the people involved are fully knowledgeable about the project and its implications, and freely agree to participate in the project. Power of choice means that the people involved have the option to agree or disagree with the land acquisition. Because determining informed consent can be difficult, the following criteria are suggested as guidelines: ▪ The infrastructure must not be site specific. ▪ The impact must be minor, that is, involve no more than 10 percent of the area of any holding and require no physical relocation. ▪ The land required to meet technical project criteria must be identified by the affected community, not by line agencies or project authorities (nonetheless, technical authorities can help ensure that the land is appropriate for project purposes and that the project will produce no health or environmental safety hazard). ▪ The land in question must be free of squatters, encroachers, or other claim or encumbrance. ▪ Verification (for example, notarized or witnessed statements) of the voluntary nature of land donations must be obtained from each person donating land. See Annex B.2 for sample of Letter of Land Donation. ▪ If community services are to be provided under the project, land title must be vested in the community, or appropriate guarantees of public access to services must be given by the private title holder. ▪ Grievance mechanisms must be available. 8. Implementation Arrangements The LARAP should describe organizational arrangements to ensure that implementation procedures are clear, that responsibility is clearly designated for provision of all forms of assistance, and that there is adequate coordination among all agencies involved in action plan implementation. The action plans must include a detailed implementation schedule, linking the project construction timetable to land acquisition-related activities. The implementation timetable should establish that in-cash or in-kind compensation provision should be completed before activity implementation. The PIU will handle the daily activities of the project. The PIU has overall responsibility to oversee adherence to the LARPF as well as to action plan preparation and implementation. The PIU will 35 ensure that entitlements and measures in the action plans for LARAP are consistent with LARPF, and that suitable budgetary provisions are made for timely implementation of the action plans. For sub-projects involving acquisition of customary land, the PIU will ensure that (i) any land disputes are resolved and a written agreement on use of land is signed with customary landowners and included in the LARAP; (ii) compensation or lease rates are agreed with landowners before work begins on the site. 9. Costs and Budget The action plans will include detailed costs of compensation (in-cash and in-kind), establish sources for all funds required, and ensure that fund flow is compatible with the timetable for payment of compensation and provision of all other assistance. All costs covered under this LARPF shall be borne by the COREMAP-CTI project or by the GoI. Funds flow will follow the procedures established under the overall project funds flow. 10. Grievance Procedure Grievance procedures are established for the PAPs to bring their complaints to PMO/PIU, which include reasonable performance standards, e.g., time required to respond to complaints, and should be provided without charge to PAPs. The procedure should follow the grievance redress mechanism outlined in this ESSF. The name and contact detail of the designated unit/persons for handling complaints shall be displayed at each disclosure site. However, should the project related mechanisms fail to resolve complaints, the action plans should also state other ways of obtaining grievence redress. The local practice for conflict resolution should be considered when seeking resolution. 11. Monitoring of Implementation of the Action Plans PIUs will ensure that the action plans' implementation will be externally monitored by a qualified entity. The action plans should establish the scope and frequency of monitoring and reporting activities. External monitoring reports will be prepared for simultaneous submission to the PMO and the WB. Periodic reporting should track items such as: a. disclosure of information and consultation with PAPs; b. status of land acquisition; c. payments for assets compensation and loss of income; d. income restoration activities, including alternative income generation; e. public information dissemination and consultation; f. the benefits of the project; g. number and types of grievances received, how they are being addressed and when they have closed out. 36 ANNEXB.1. Outline of Land Acquisition and Resettlement Action Plan 37 (LARAP) The scope and level of detail of the action plan varies with the magnitude and complexity of land acquisition. The plan covers the elements below as relevant: • A description of the project and identification of how the project has given rise to land acquisition; • Identification of potential project impacts; • Asset and livelihood census of 100 percent of PAPs and a valuation of their assets and respective income sources; • The institutional framework and organizational responsibilities; • Eligibility and the entitlement matrix; • Methodologies for valuation of losses and compensation for losses; • PAP participation, consultation and disclosure; • Grievance mechanism procedures; • Implementation schedule and budget; and, • Monitoring and evaluation activities. 37 ANNEX B.2 Example of a Letter of Land Donation Statement Letter of Land Donation I, the undersigned this: Name : Occupation : Address : declare that I voluntarily donate my land or assets affected for the project / sub-project ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... ... (Write the name of project / sub-projects to be constructed) Location of land : Size of land : Current land use : Status of ownership : with reasons : Map/sketch of donated land with borders: .................................................................................................................................................................... .................................................................................................................................................................... ............................................................................................................................................... This statement was made in good faith without any coercion. Place and date of the agreement Knowing, Landowner Signature Signature of COREMAP - CTI Name: ................................ Name:................................ Acknowledgement by Head of Village Name : …………………………. Signature of heirs and witnesses: 1. Name: ............................................ signature: 2. Name: ............................................ signature: 3. Name: ............................................ signature: 38 ANNEX C. Indigenous Peoples Planning Framew ork (IPPF) 39 1. Introduction COREMAP-CTI components may support activities across several provinces. These are likely to affect IP or ethnic minorities in several activity areas including East Nusa Tenggara, West Papua and Papua. This IPPF is prepared to provide general principles and procedures that will be applied during activity preparation and implementation, if IP are to be affected. The purpose of the framework is to ensure consultation, giving IP a voice and an opportunity to benefit from the program. Objective The primary objectives of the IPPF are to ensure that: ▪ such groups are afforded meaningful opportunities to participate in the planning of activities that affect them. ▪ opportunities to provide such groups with culturally appropriate benefits are considered. ▪ any project impacts that adversely affect them are avoided, to the extent possible. If unavoidable, mitigation measures should be developed. ▪ This is in line with the national objective of empowering indigenous communities (Masyarakat Adat – MA and Komunitas Adat Terpencil - KAT), by granting authority and self-determination, through local development activities, protection, reinforcement, consultation, and advocacy to improve their socio-economic standing. 2. Definition Presidential Decree No. 111/1999 sets characterizes KAT as follows: (a) small, closed and homogenous communities; (b) societies supported by familial relationships; (c) geographically remote and relatively difficult to reach; (d) occupying a sub-section of the economy; (e) limited and simple GOI equipment and technology access; (f) relatively high dependency on the local environment and natural resources; and (g) limited access to social and economic services and political representation. The terms “indigenous peoples”, “indigenous ethnic minorities” and “tribal groups”, describe social groups with a social and cultural identity distinct from the dominant society that makes them vulnerable to disadvantage in the development process. For purposes of this document, the term “indigenous peoples” will be used to refer to these groups. Indigenous peoples are commonly among the poorest segments of a population. According to WB policy, the term “indigenous peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics to some degree: (a) close attachment to ancestral territories and to the natural resources in these areas; (b) self-identification and identification by others as members of a distinct cultural group; (c) an indigenous language, often different from the national language; and (d) presence of customary cultural, economic, social or political institutions. For this framework, the definition of IP will try to follow both the criteria of the WB and Indonesian legislation. 3. Screening for indigenous peoples among the affected populations Initial screening of the potential presence of IP in sub-projects area will be conducted using a combination of WB and national legislation criteria. All activity areas that have IP communities and are candidates for COREMAP-CTI support will be visited (at the time of first consultation 39 with communities) by a PIU and relevant local authorities, including personnel with appropriate social science training or experience. Prior to the visit, the relevant PIU will send notice to the communities, informing their leaders that they will be visited for consultation. The notice will request that communities invite to the meeting representatives of farmers, women associations, and village leaders for discussion on the sub-project. During the visit, the community leaders and other participants will be consulted and have a chance to present their views on the sub-project. At this visit, personnel with social science training or experience will undertake a further screening for IP populations with the help of local leaders, local authorities, and NGOs, as necessary. The screening will check for the following: (a) names of IP groups in the affected village; (b) total number of IP in the affected villages; (c) percentage of IP in affected villages; (d) number and percentage of indigenous households within a described zone of influence of the proposed sub- project. If the results show that there are IP communities in the zone of influence of the proposed sub- project, a social assessment will be planned for those areas. Preliminary screening of the IP presence was done in reference to the WB's IP mapping (2010) which provides data on IP distribution in Indonesia using the WB definition of IP, combined with Ministry of Social Affairs criteria. The screening result for the participating districts is presented in the table below. For several districts, data are not available. The result of this screening is still to be verified with other sources, including though consultation with local community leaders in the field. COREMAP-II defined Bajo communities as IP in Kabupaten Buton and Wakatobi (although "ethnic minority" is a better term as in most areas they are not the indigenous group but an immigrant group). The experience under COREMAP-II was that there was no significant adverse impacts to the groups, other than they were less involved in the local institutions. In Kabupaten Sikka and Biak, the IP groups are present in the highland area. In Kabupaten Raja Ampat they reside in coastal area. Further screening will be conducted during the preparation of each activity under COREMAP – CTI to determine IP presence and vulnerability. T ABLE 10. L IST OF IP VILLAGES IN P ROJECT L OCATIONS No. District (Province) Sub-district Village Name of IP EASTERN PART 1. Pangkep (South Sulawesi) No data 2. Selayar (South Sulawesi) No data 3. Sikka (East Nusa Tenggara) Paga Ranggarasi Lio (highland) Mego Wolodhesa No name (highland) Liakutu No name (highland) Parabubu Lio Mego (inland) Lela Sikka No name (highland) - Wukur No name (highland) Bola Hale No name (highland) Egon Gahar No name (highland) Talibura Natarmage No name (highland) Pruda No name (highland) Werang No name (highland) Talibura No name (highland) Darat Gunung No name (highland) Hikong No name (highland) Waigete Watudiran No name (highland) Runut No name (highland) Maumere Samparong No name (highland) 4 Buton (Southeast Sulawesi) Lasalimu Bonelalo No name (coastal) 40 No. District (Province) Sub-district Village Name of IP South Lasalimu Metanauwe No name (coastal) Kumbewaha Umalaoge Malaoge (inland) Lasalimu No name (coastal) Pasar Wajo Holimombo No name (coastal) Wakaokili Kaliwuliwu (inland) Kapontori Todanga Buton (inland) Lakudo Lolibu Malimpano (inland) Telaga Raya Kokoe No name (coastal) 5. Wakatobi (Southeast Sulawesi) Binongko Waloindi No name (coastal) Wali No name (coastal) Tomia Lamanggau No name (coastal) 6. Raja Ampat (West Papua) Misool Waigama Biak (coastal) Samate Samate Biak (coastal) Yesawai Biak (coastal) Waigeo Barat Gag Biak (coastal) Waigeo Utara Andey Biak (coastal) 7. Biak (Papua) Biak Utara Wonabraidi Biak (highland) WESTERN PART 8. Tapanuli Tengah (North Sumatera) Sorkam Barat Aek Nadua Batak (coastal) Andam Dewi Sogar Batak (inland) Manduamas Saragih 9. Nias Utara (North Sumatera) No data 10. Mentawai (West Sumatera) Siberut Selatan Pasakiat Teleleu, Mentawai (coastal) Madobak Ugai Mentawai (coastal) Katurai Mentawai (coastal) Muara Siberut Mentawai (coastal) Milepret Mentawai (coastal) Muntei (Siberut Ulu) Mentawai (coastal) Silaguma Mentawai (coastal) Sarareket Ulu Mentawai (coastal) Sagalubek Taileu Mentawai (coastal) Saibi Samukop Mentawai (coastal) Siberut Utara Simatallu Sipokak Mentawai (coastal) Cimpungan Mentawai (coastal) Sirilogui Mentawai (coastal) Muara Sikabaluan Mentawai (coastal) Mongan Poula Mentawai (coastal) Bojakan Mentawai (coastal) Simaligi Tangah Mentawai (coastal) Malancan Mentawai (coastal) Singapokna Mentawai (coastal) 11. Batam (Kep. Riau) No IP 12. Bintan (Kep. Riau) Teluk Sebung Berakit Laut (coastal) Bintan Timur Sungai Enam Laut (coastal) Tambelan Pulau Pinang No name (coastal) Pulau Mentebung No name (coastal) 13. Lingga (Kep. Riau) Singkep Barat Sungai Buluh Laut (coastal) Lingga Penuba Laut (coastal) Mentuda No name (coastal) Lingga Utara Limbung No name (coastal) Senayang Mamut Laut (coastal) Senayang No name (coastal) 41 No. District (Province) Sub-district Village Name of IP Pasir Panjang No name (coastal) Pulau Medang No name (coastal) 14. Natuna (Kep. Riau) No data 15. Sabang (DI Aceh) No data Source: EGIMap – WB IP Mapping (2010) 4. Social Assessment and Consultation During preparation of the activity proposal and/or activity approval, a social assessment process will determine appropriate information dissemination methods to reach all members of the IP community. This will specifically determine appropriate messaging in accordance with prevailing customs and traditions, and will use the commonly used IP languages in every meeting, minutes, and brochure, etc. 5. Indigenous Peoples Plan Free, prior and informed consultations will be conducted through a series of meetings, including separate group meetings for indigenous village leaders, indigenous men, and indigenous women, especially those who live in the zone of influence of the proposed work under the sub-project. Discussions will focus on activity impacts (positive and negative), and recommendations for the design of sub-projects. If the social assessment indicates that the proposed activity will cause adverse impact or that the IP community rejects the proposal, the activity will not be approved (and therefore no further action is needed). If the IP supports activity implementation, an IPP will be developed to ensure that the IP will receive culturally appropriate opportunities to benefit from the activity. The IPP is prepared in a flexible and pragmatic manner, and its level of detail varies depending on the specific project and the nature of effects to be addressed. It will include the following elements, as needed: a. A summary of the Social Assessment (SA); b. A summary of the results of the free, prior, and informed consultation that was carried out during activity preparation; c. A framework for ensuring free, prior, and informed consultation with the affected indigenous communities during project implementation; d. An action plan of measures to ensure that IP receive social and economic benefits that are culturally appropriate; e. The cost estimates and financing plan for the IPP; f. An accessible grievance mechanism, which considers the availability of customary mechanisms; g. Monitoring, evaluation and reporting mechanisms. The IPP of each activity should be reviewed and approved by the WB before activity implementation begins. The IPP should be disclosed publicly so that it is accessible to the affected indigenous community. Upon agreement by the WB, for the sub-projects that work with existing systems of community- decision making processes, a stand-alone IPP may not be required. The process to ensure that IP are included as beneficiaries, and participate in any activities, will be incorporated in the activity design. 6. Principles if an acivity affects indigenous peoples 42 There are a number of measures to be applied when IP are present in the activity area and are beneficiaries, in relation to the development of the IPP: • COREMAP-CTI will ensure that free, prior and informed consultations are undertaken, in a language spoken by, and in a location convenient for, potentially affected IP. The views of IP are to be considered during preparation and implementation of any sub-project, while respecting their current practices, beliefs and cultural preferences. The outcome of the consultations will be documented in the activity documents. • If the IP conclude that activities will be beneficial to them, and that minor adverse impacts, if any, can be mitigated, a plan to assist them will be developed based on consultation with the IP and local representatives. The community should also be consulted to ensure that their rights and culture are respected. The assistance may also include institutional strengthening and capacity building of indigenous villages and community groups working with the sub-project. • Where indigenous people are identified that represent a sufficiently large interest, efforts will be made to ensure that the group is represented, and that regular and formal communication is established with the group. • Where the indigenous peoples speak a language different from Bahasa Indonesia, relevant brochures and documents will be translated in the appropriate language. Provision has been made in the project budget to allow for additional translations of relevant project documents. These steps will be aimed at ensuring that indigenous peoples participate fully in the project, are aware of their rights and responsibilities, and are able to voice their needs during the social/economic preliminary survey exercise and in the formulation of the sub-projects and operational policies. In addition, they will be encouraged to submit activity proposals that cater to their group's needs, if necessary. 7. Reporting, Monitoring and Documentation Besides specific attention to IP issues in supervision and monitoring, COREMAP-CTI will include these matters in their progress reporting. WB supervision missions will periodically pay special attention to ensure that that the sub-projects affecting IP afford benefits to them and have no adverse impacts on them. 8. Implementation Arrangements PIUs will be responsible for training designated staff or local authorities to undertake the work of consulting, screening, assessing, analyzing, and preparing IPP and addressing any grievances. PIUs of individual sub-projects and local authorities are responsible for implementing IPP, including arranging adequate staff and budget. 43 ANNEX D. Environm ental Codes of Practices (ECOPs) This Annex describes environmental codes of practices that are based on good environmental management practices. The Coremap-CTI activities or sub-projects should use these practices to minimize negative environmental impacts. These good practices are provided as examples, but measures are not limited to the ones described here. Some measures will be locally specific and can be adapted using the best locally available technology. a. Environmental Duties of Contractors • Compliance with all relevant legislative requirements in Indonesia • Implementation of the ESMP for the duration of the construction period • Undertake monitoring of the effectiveness of the implementation of the ESMP and keep records • Report the monitoring records to PIU/PMO • Employ and train suitably qualified staff to take responsibility for the ESMP • Comply with the “chance find procedures” for physical and cultural resources b. General Conditions • Use only legal timber for construction • No chainsaws should be used • Do not use any materials that contain asbestos • Do not buy or use any explosives, especially not for fishing • Do not buy any pesticides for the project • Do not take coral rocks (alive or dead) from the sea • Do not realign any river c. Site Screening • Consider potential water pollution • Avoid building roads in erodible soils • Build roads or structures away from river banks • Protect wetlands from infrastructure construction • Prevent pollution in or near marine habitat • Protect special wildlife habitat from infrastructure construction • Respect protected areas d. Construction Site Management • Keep construction sites free of hazards • Reduce and control noise • Make efforts to control dust during construction e. Water Supply • Always practice good watershed management • Protect and manage forested watersheds • Do not allow outsiders to clear large forest areas in hilly and mountain watersheds • Protect primary forest in watersheds • Protect water sources from pollution and contamination • Share scarce water sources between different users • Locate dug wells a safe distance from septic tanks • Use household water treatment where needed • Always provide good drainage at public and yard taps 47 f. Sanitation • Build a complete septic tank system and make sure all parts of the system are working properly • Use septic tanks for wastewater treatment and disposal of effluent; properly pump out septic sludge periodically • Treat septic tank effluent before final disposal • Keep toilets clean g. Solid Waste Management • Collect garbage; do not litter • Separate waste at source for recycling h. Erosion and Sediment Management • Disturb as little ground area as possible and stabilize that area as quickly as possible. • Direct storm water around the work site using temporary drains. • Install sediment control structures where needed to slow or redirect runoff and trap sediment until vegetation is established. Sediment control structures include sediment catchment basins, straw bales, brush fences, and fabric silt fences. • In areas where construction activities have been completed and where no further disturbance will take place, re-vegetation should commence as soon as possible. i. Worker Health and Safety • The community/contractor must comply with all Indonesia regulations for worker exposure • All staff/workers will be provided with suitable personal equipment for minimizing accidents. Reference is made to the WBG’s General EHS Guidelines http://ifc.org/ehsguidelines (see below) to identify and mitigate potential environmental and social impacts from construction activities. 48 49 ANNEX E. Physical Cultural Chance Find Procedures 1. Definitions Physical cultural resources are the sites, areas, objects, or artifacts that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural, religious or spiritual significance to a commune, religious group, ethnic group and/or to the wider public or nation. They include movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes. For example, sacred landmarks, sacred burial sites or human remains, pilgrimage sites or routes, fossils, rock drawings, ancient structures, and places of worship. 2. Chance Find Procedures If any person discovers a physical cultural resource, such as (but not limited to) archeological sites, historical sites, remains and objects, or a cemetery and/or individual graves during excavation or construction, the contractor shall: a) Stop the construction activities in the area of the chance find; b) Delineate the discovered site or area; c) Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities take over; d) Notify the local authorities immediately (within 24 hours or less); e) Responsible local authorities oversee protection and preservation of the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by archeologists. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; these include the aesthetic, historic, scientific or research, social and economic values; f) Decisions on how to handle the finding shall be taken by the responsible authorities. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage; g) Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and h) Construction works should resume only after permission is granted from the responsible local authorities concerning safeguard of the physical and cultural resource. 49 ANNEX F. Types of Public Works Requiring ESMP (UKL/ UPL) (in accordance with PERMEN PU No.: 10/PRT/M/2008) The below table is an attachment of the PERMEN PU No.: 10/PRT/M/2008 on the types of public works business plans and/or activities that require an environmental management and monitoring plan (UKL-UPL). This attachment has been modified in ways that relate to COREMAP-CTI (in Bahasa Indonesia). JENIS PERTIMBANGAN NO. SKALA/BESARAN ALASAN KHUSUS KEGIATAN ILMIAH I. JALAN DAN JEMBATAN 7. Pembangunan jalan/peningkatan jalan dengan kegiatan pengadaan tanah a. Di kota Perubahan bentuk Timbulnya metropolitan/besar 1 km s/d < 5 km lahan, serta gangguan lalu - Panjang, atau 2 ha s/d < 5 ha pengaruhnya terhadap lintas, kemacetan - Pengadaan lingkungan fisik, lalu lintas, tanah kimia, biologi, kebisingan, emisi b. Di kota sosekbud masyarakat gas buang, metropolitan/be 3 km s/d < 10 km berkurangnya sar 5 ha s/d < 10 ha keanekaragaman - Panjang, atau hayati, serta - Pengadaan gangguan estetika tanah lingkungan c. Di kota metropolitan/besar 10 km s/d < 30 km - Panjang, atau 10 ha s/d < 30 ha - Pengadaan tanah III KECIPTAKARY AAN 13. b. Pembangunan bangunan gedung di atas tanah/bawah tanah 1. Fungsi usaha, Perubahan pada sifat- Berpotensi meliputi sifat fisik dan/atau menganggu fungsi bangunan hayati lingkungan prasarana dan gedung Perubahan komponen sarana yang berada perkantoran, lingkungan di bawahnya wisata dan Menimbulkan dan/atau di rekreasi, kerusakan atau sekitarnya terminal dan gangguan terhadap bangunan kawasan lindung gedung tempat Mengubah atau 5.000 m2 s/d 10.000 m2 penyimpanan memodifikasi areal 1. Fungsi yang mempunyai Berpotensi keagamaan, nilai tinggi serta menganggu fungsi meliputi mengakibatkan/meni prasarana dan bangunan mbulkan konflik atau sarana yang berada masjid kontroversi dengan di bawahnya termasuk masyarakat dan/atau dan/atau di mushola, pemerintah sekitarnya bangunan Penurunan daya gereja termasuk tamping lingkungan 50 JENIS PERTIMBANGAN NO. SKALA/BESARAN ALASAN KHUSUS KEGIATAN ILMIAH kapel, sebagai akibat dari bangunan pura, pemanfaatan bangunan intensitas lahan yang vihara, dan melampaui daya bangunan dukung lahan itu kelenteng sendiri yang 2. Fungsi social mengakibatkan Berpotensi dan budaya, perubahan terhadap menganggu fungsi meliputi kondisi social, prasarana dan bangunan ekonomi, dan budaya sarana yang berada gedung masyarakat di bawahnya pelayanan dan/atau di pendidikan, sekitarnya pelayanan kesehatan, kebudayaan, labolatorium, dan bangunan gedung pelayanan umum 3. Fungsi khusus, Semua bangunan yang Berpotensi seperti reactor tidak dipersyaratkan menganggu fungsi nuklir, instalasi untuk Amdal maka prasarana dan pertahanan dn wajib dilengkapi UKL sarana yang berada kemanan dan dan UPL di bawahnya bangunan dan/atau di sejenis yang sekitarnya ditetapkan oleh Kegiatan bangunan menteri gedung fungsi khusus menimbulkan dampak penting terhadap masyarakat dan lingkungannya Bangunan gedung fungsi khusus mempunyai tingkat kerahasiaan tinggi tingkat nasional seringkali mempunyai system pertahanan dan keamanan tertentu yang dapat berpengaruh terhadap ekosistem Mempunyai resiko bahaya tinggi apabila terjadi kegagalan/kecelakaan a. Pembangunan bangunan gedung di bawah dan/atau di atas air 51 JENIS PERTIMBANGAN NO. SKALA/BESARAN ALASAN KHUSUS KEGIATAN ILMIAH 1. Fungsi usaha, Perubahan pada sifat- Kegiatan berpotensi meliputi sifat fisik dan/atau menggangu bangunan hayati lingkungan keseimbangan gedung Perubahan komponen lingkungan, fungsi perkantoran, lingkungan lindung kawasan, perdagangan, Menimbulkan dan dapat perindustrian, kerusakan atau menimbulkan perhotelan, gangguan terhadap pencemaran wisata dan kawasan lindung Pembangunan dapat rekreasi, Mengubah atau menimbulkan terminal dan memodifikasi areal perubahan arus air bangunan yang mempunyai yang dapat merusak gedung tempat nilai tinggi srta lingkungan penyimpanan mengakibatkan/meni 2. Fungsi mbulkan konflik atau Pembangunan dapat keagamaan, kontroversi dengan menimbulkan meliputi masyarakat dan/atau perubahan arus air bangunan pemerintah yang dapat merusak masjid Penurunan daya lingkungan termasuk tampung lingkungan mushola, sebagai akibat dari bangunan pemanfaatan 5.000 m2 s/d 10.000 m2 gereja termasuk intensitas lahan yang kapel, melampaui daya bangunan pura, dukung lahan itu bangunan sendiri yang vihara, dan mengakibatkan bangunan perubahan terhadap kelenteng kondisi social, 3. Fungsi social ekonomi, dan budaya Pembangunan dapat dan budaya, masyarakat menimbulkan meliputi perubahan arus air bangunan yang dapat merusak gedung lingkungan pelayanan pendidikan, pelayanan kesehatan, kebudayaan, labolatorium, dan bangunan gedung pelayanan umum 4. Fungsi khusus, Semua bangunan yang Kegiatan berpotensi seperti reactor tidak dipersyaratkan menggangu nuklir, instalasi untuk Amdal maka keseimbangan pertahanan dn wajib dilengkapi UKL lingkungan, fungsi kemanan dan dan UPL lindung kawasan, bangunan dan dapat sejenis yang menimbulkan ditetapkan oleh pencemaran menteri Pembangunan dapat menimbulkan perubahan arus air yang dapat merusak lingkungan 52 JENIS PERTIMBANGAN NO. SKALA/BESARAN ALASAN KHUSUS KEGIATAN ILMIAH Kegiatan bangunan gedung fungsi khusus menimbulkan dampak penting terhadap masyarakat dan lingkungannya Bangunan gedung fungsi khusus mempunyai tingkat kerahasiaan tinggi tingkat nasional seringkali mempunyai system pertahanan dan keamanan tertentu yang dapat berpengaruh terhadap ekosistem Mempunyai resiko bahaya tinggi apabila terjadi kegagalan/kecelaka an 15. Peningkatan kualitas Pemukiman Kegiatan ini dapat Timbulnya berupa: gangugan lalu • Penanganan lintas, banji local, kawasan serta timbulnya kumuh di penumpukan perkotaan sampah danlimbah. dengan Terganggunya pendekatan pelayan pemenuhan infrastruktur umum, kebutuhan misalnya dasar (basic tertutupnya saluran need) drainase, pelayanan Adanya perubahan tata penyempitan jalan infrastruktur, air lingkungan, dan umum, penurunan tanpa Luas kawasan ≥ 10 ha penurunan daya muka air tanah. pemindahan dukung lingkungan, penduduk; serta peningkatan • Pembangunan eksploitasi air tanah kawasan tertinggal, terpencil, kawasan perbatasan, dan pulau-pulau kecil; • Pengembangan kawasan pedesaan untuk meningkatkan ekonomi local 53 JENIS PERTIMBANGAN NO. SKALA/BESARAN ALASAN KHUSUS KEGIATAN ILMIAH (penanganan kawasan agropolitan, kawasan terpilih pusat pertumbuhan desa KTP2D, desa pusat pertumbuhan DPP) Catatan: - Kota Metropolitan : Jumlah penduduk > 1.000.000 jiwa - Kota Besar : Jumlah penduduk 500.000 - 1.000.000 jiwa - Kota Sedang : Jumlah penduduk 200.000 - 500.000 jiwa - Kota Kecil : Jumlah penduduk 20.000 - 200.000 jiwa 54 ANNEX G. Standard Clauses f or Environmental Management during 55 Construction Construction contracts under COREMAP-CTI will be required to include the following clauses aimed at minimizing the adverse impacts of construction, and to provide regular reporting. F.1. GENERAL F.1.1. Description a) This section covers the provision of environmental counter measures and actions that are needed to perform any civil works required under the contract. In most cases the clauses have been extracted from other Sections of these Specifications and are included here to ensure awareness and compliance. b) The contractor shall take all reasonable steps to protect the environment (both on and off the site, including base camp and other installations under the control of the contractor) and to limit damage and disturbance to people and property resulting from pollution, noise and other results of his operations. The contractor should also ensure that transportation and quarrying activities are undertaken in an environmentally acceptable manner. c) As a means of minimizing environmental disturbance to all nearby communities, all construction and transportation activities must be confined to the hours of operation as defined unless otherwise approved by the engineer. d) To assist in ensuring the effective implementation of all environmental safeguards referred to in this section, the engineer shall complete on a monthly basis the Environmental Management and Monitoring Plan identifying the adverse environmental activities or environmental omissions, with details of those activities and omissions, and activities carried out to rectify or remedy that omissions. F.2. ENVIRONMENTAL MANAGEMENT F.2.1. Impacts on Water Resources a) The contractor shall ensure that polluting effluent from all the contractor’s activities shall not exceed the values stated in the prescribed applicable Laws (Refer specifically to Government Regulation (Peraturan Pemerintah) No.82 Year 2001 regarding Water Quality Management and Water Pollution Control). b) The contractor shall make every effort to ensure no construction materials and liquids, waste materials and liquids, and any other materials and liquids are not allowed to enter any irrigation or other channel. c) Natural streams or channels within or adjacent to the works of this contract shall not be disturbed without the approval of the engineer. 55 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 ANNEX H . Standard Monitoring Plans. Environmental or Social Parameters Place Method Schedule Cost Responsible Time Impact Dust Mg/cm2 Construction site Visual inspection Daily Included in Community/construction Beginning until construction contractors end of contract construction Noise dBA All locations of Measurements to be made by Within 2 weeks following a complaint Included in Community/construction Beginning until complaints following the Indonesian regulations construction contractors end of for noise monitoring contract construction Non-toxic solid wastes Community or contractors’ Prior to access of Visual inspection Prior to granting access to construction sites Included in Community/construction Beginning until (metal, packing and used skills and capacity construction sites construction contractors end of equipment, etc.) contract construction Oil spill or leaks from Vehicles inspected for leaks On-site Visual inspection Weekly and following a complaint Included in Community/construction Beginning until construction equipment construction contractors end of contract construction Soil erosion Evidence of soil erosion On-site Visual inspection Daily, during rainy days Included in Community/construction Beginning until construction contractors end of contract construction Soil contamination Evidence of soil At location of Visual inspection Once, prior to construction starting Minor. Included in Community/construction Beginning until contamination construction construction contractors end of contract construction . Contaminant concentrations At location of Soil sampling to be carried out to If visual inspection identifies potential contamination, soil Moderate. Included Community/construction Beginning until construction international standards by a suitably sampling should be undertaken to confirm the nature of in construction contractors end of qualified environmental consultant contamination prior to construction starting and following contract construction any clean up. Site restoration and Vegetation has been Construction site Once at the end of construction Minor. Included in construction contract Included in Community/construction Beginning until landscaping established and there are no period construction contractors end of exposed areas contract construction Water quality for water Physical, inorganic and Construction site Measurements to be made by Prior to construction, monthly and following a complaint Included in Community/construction Beginning until supply and aquaculture organic, and following the Indonesian regulations construction contractors end of microbiological for water quality monitoring. contract construction 56 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 ANNEX I. Gap Analysis of GoI Regulation s and World Bank Policies Scope/Topic Bank Policy Government of Indonesia Regulation Gaps Identified Gap-Filling Measures OP 4.01 Environmental Analysis Reference to legal OP 4.01 paragraph 3. OP 4.01 EA considers Ministry of Environment Regulation No. 16/2012 Section G.5 and Lack of reference to legal and administrative frameworks such The activity ESMP/UKL-UPL (and and administrative obligations of the country pertaining to project B.4.a, stipulates that other data and information required in as international environmental treaties, agreements, ESIA/AMDAL if required) will cover this frameworks such as activities under relevant international treaties reporting UKL-UPL shall be incorporated, including reference to international standard policies, etc. The current regulation only shortage, as shown in the templates in international or agreements. other requirements. refers to “other data and information”. Appendix 2. environmental treaties and agreements, international standard policies, etc. Project area of OP 4.01 paragraph 2. OP 4.01 EA evaluates a Ministry of Environment Regulation No. 16/2012 Section B.4.c, Lack of analysis about the project's area of influence, ancillary The activity ESMP/UKL-UPL (and influence project’s potential environmental risks and requests project proponents to provide information in detail including facilities, induced impacts and site selection analysis for ESIA/AMDAL if required) will cover the impacts in its area of influence, identifies “map, scale of operation and activities” that could be used to activities requiring UKL-UPL. project area of influence, as shown in the ways of improving project selection and determine the project's area of influence, and to make available templates in Appendix 2. siting, etc. information on ancillary facilities and associated facilities during UKL UPL preparation as good practice. However, it does not address the project’s area of influence outside the project’s footprint. Environmental OP 4.01 paragraph 8. OP 4.01 specifies Ministry of Environment Regulation No. 16/2012 Section 4.C Environmental screening based on technical thresholds only The screening procedure in this ESSF (see impact screening environmental screening of each proposed regulates the requirement to evaluate all possible impacts from will result in inappropriate extent and type of EA. Chapter 5) includes environmental impact project to determine the appropriate extent the project and prepare mitigation measures to tackle those screening and scoping. and type of EA. issues. Ministry of Public Works Regulation No. 18/PRT/M/2007 on Water Supply Systems Development, Appendix 2, provides guidelines for Feasibility Study Preparation. However, further screening based on significant environmental impact evaluation is not clearly stated. Environmental OP 4.01 Environmental monitoring data to Ministry of Environment Regulation No. 16/2012 Section C.3 clearly Insufficient follow up, analysis, use of environmental This is addressed in the EMP and UPL monitoring data evaluate the success of mitigation and to regulates the requirement for data monitoring of UKL-UPL. monitoring data for evaluation and continual improvement. The implementation reports and possibly in the foster corrective actions. environmental monitoring program is not sufficient or is not form of MIS of the Project as discussed in corresponding to the scale of the impact of the project. Chapter 6. Capacity OP 4.01 Paragraph 13: When the borrower Not covered. Insufficient capacity development and training for EMP This is addressed in Chapter 6 of this ESSF and development and has inadequate technical capacity to carry out implementation in Component 4 of the Project. ttraining environmental safeguards management functions, the project includes components to strengthen that capacity. OP 4.01 Paragraph 4: Technical Assistance program for EMP implementation. Institutional OP 4.01 Para 4 and 5: EMP must provide Ministry of Environment Regulation No. 16/2012 Section C.4 clearly No gaps identified. NA Arrangements: specific description of institutional regulates the institutional arrangement for UKL UPL implementation, Institutions arrangements and implementation schedules monitoring and reporting, and the frequency and detailed location of responsible for for mitigatory and monitoring measures. monitoring and implementation efforts (section C.3). environmental management and ESMP implementation Cost estimate of EMP OP 4.01 Paragraph 5: EMP provides the MPW Guidelines No. 08/BM/2009 page 50 clearly specifies budget No gaps identified. NA to ensure “the capital and recurrent cost estimates and allocations for UKL UPL studies that shall include the cost for adequacy of source of funds for EMP implementation. personnel, equipment, materials, field survey, laboratory analysis and financing report preparation etc. arrangements for EMP” 57 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 Public Consultation OP 4.01- paragraph 14: Consulted with Ministry of Environment Regulation no. 17/2012 on The Guidelines No gaps identified. NA project affected groups and CSO during for Public Involvement in Environmental Assessment and preparation and implementation Environmental Permitting Processes, including UKL UPL documents. OP 4.01 (Annex B): For AMDAL, but gap Ministry of Environment Regulation No. 16/2012 Section C.4 analysis for UKL UPL is also useful as good clearly regulates regular reporting requirements for UKL UPL practice. implementation (every 6 months). MPWH Guidelines no. 09/BM/2009 section 4.1.3 on Public Consultation. Consultation requirements are less clearly Ministry of Public Works Regulation No. 18/PRT/M/2007 on Water specified in the UKL UPL preparation Supply System Development- in article 4 (6), article 10, and especially during project implementation Appendix 1 section 6.5 regulates for three public consultations within 12 months for master plan development involving NGOs, academics, and local communities. Also, in Appendix 2 during the preparation of Feasibility Study. Public Disclosure OP 4.01--Paragraph 15: Timely disclosure and Not covered in the Ministry of Environmental Regulations but Public Disclosure is not covered in the Ministry of This is addressed in Chapter 8 of this ESSF. understandable document in local language. stipulated in the Ministry of Communication and Information. Environmental Regulations. OP 4.12 Involuntary Resettlement Direct Impacts Covers provision of benefits to address direct Relates to compensation for loss of land and assets and other losses Adverse social and economic impacts due to access restrictions ESSF includes a Process Framework social and economic impacts caused by the that can be caused by taking of land for a project. Once fair are not explicitly covered under Law 2/2012 on Land (Appendix 3) to address impacts due to involuntary restrictions of access to legally compensation is given, further consideration and impact mitigation Acquisition for Public Infrastructure. access restrictions. designated parks and protected areas resulting measures are not elaborated. in adverse impacts on livelihoods. Indirect impacts States that indirect social and economic Not covered, however indirect impacts regulated in Law No. 23 of Indirect impacts are not covered in the Law 2/2012 on Land Will be covered in the UKL-UPL as shown in impacts caused by the project should be 1997 on Environmental Management (AMDAL/ESIA). Acquisition for Public Infrastructure. the template in Appendix 2. addressed under OP 4.01. Linked activities Covers impacts that result from other Not covered. Linked activities are not covered. Addressed in the LARPF (see Chapter 5 of activities if they are (i) directly and this ESSF). significantly related to the proposed project; (ii) necessary to achieve its objectives; and (iii) carried out or planned to be carried out contemporaneously with the project. Host Communities Impacts on host communities need to be Not covered since option of resettlement/relocation is not Host communities are not explicitly covered in Law 2/2012 This is addressed in the LARPF as shown in the considered, and host communities need to be sufficiently elaborated. on Land Acquisition for Public Infrastructure. template in Appendix 4. consulted. Resettlement as a Resettlement activities should be conceived The law and regulations provide options for compensation for land The implementation of other forms of compensation outside LARPF provides options for compensation Sustainable as sustainable development programs, acquisition due to development for public interests. Compensation cash compensation are not elaborated in the law and and entitlements. Development providing sufficient resources to enable level is defined based on the assessment carried out by the licensed, regulations. Program persons displaced to share in project independent appraisers. See compensation options in this Table 14 benefits. and Table 15 below. Vulnerable Groups Pay particular attention to the needs of PAPs and eligibility criteria for compensation are not differentiated by No specific separation by vulnerability or by gender. The LARAP required information on vulnerable groups among those displaced, vulnerability or gender. vulnerable groups (women, very poor, disabled, especially those below the poverty line, the etc), this will be obtained from the census landless, the elderly, women and children, survey. Indigenous Peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. Resettlement Planning instruments must be prepared. The A land acquisition plan1 is prepared by the Land Acquisition Team The Land Acquisition Plan does not fully cover elements and Requirement to prepare a LARAP at the 1 Not the same as the World Bank LARAP/RP, this is more of an implementation procedure than a development plan. 58 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 Planning Instruments resettlement plan, resettlement policy based on a feasibility study, a sub-project2 should comply with the details of those in the LARAP. Timing of the preparation of the planning stage in compliance with the LARPF framework or process framework must cover spatial development plan.3 Land Acquisition Plan with results of inventory of affected land in this ESSF. all aspects of the proposed resettlement. plots should be advanced to the planning stage. Eligibility of PAPs For those without formal legal rights to lands Does not cover squatters (unless in good faith on public land), Commonly, compensation is only given for the affected The LARPF specified the eligibility criteria and without legal rights to or claims to such land that could be encroachers and renters on private land. This issue is addressed by structure, but with Perpres 56/2017, PAPs are entitled for entitlement for each category of PAP, including the land they occupy recognized under the laws of the country, Presidential Regulation (Perpres) 56/2017 on Handling for Social compensation not only for the affected structures, along with informal occupiers. provide resettlement assistance in lieu of Impacts in Land Acquisition for National Strategic Projects4. This assistance. compensation for land to help improve or at regulation was issued on May 31, 2017. It provides a legal basis to least restore their livelihoods. Covers compensate squatters (those who occupy land that belonged to other squatters and Encroachers. parties, in this case, the Government). This regulation has addressed the concern of squatters not being eligible for any compensation. Currently the Ministry of ATR/BPN is preparing a Technical Guideline for Preparing a Land Acquisition Plan 5, which covers, among other approaches, compensation of informal settlers, sharecroppers, and those who do not have land. Landless and laborers are not expected to be compensated and provided with rehabilitation measures, it is the responsibility of the landowner to compensate them. Eligibility of OP 4.12 applies to PAPs as a result of IP are covered once they have been legally recognized.6 Law Law 2/2012 does not specify any groups including IP . This law IPPF specifies that if an activity needs to Indigenous Peoples involuntary land taking and/or access 39/1999 article 6 on Human Rights requires that the differences and applies to any affected persons due to the land taking for acquire land, LARPF applies. restrictions to legally designated parks and needs of MHA should be noticed and protected by law, community infrastructure development for public interest. Law 39/1999 protected areas. and government. Their identity including customary land rights article 6 requires that in the context of enforcement of human should be protected in harmony with the current development. rights, MHA including their customary land rights should be protected in harmony with the current development. Land for Land Preference for land to land compensation for Law 2/2012 provides options for land to land compensation, LARPF provides compensation option the displaced people whose livelihoods are but no detailed procedures to implement this resettlement including land to land compensation. land based. scheme. Compensation options Provide technically and economically feasible • Law 2/2012 provides options for compensation. The MAPPI LARPF provides requirements for resettlement alternatives and needed (Association of Appraisers) guideline determines compensation based compensation options, eligibility criteria, assistance, including (a) prompt compensation on market price plus transaction and other costs, plus a premium (to and entitlement for various PAP categories. at full replacement cost for loss of assets cover costs beyond those valued, such as emotional loss). Property attributable to the project; (b) if there is (Physical Assets) Land Buildings & Facilities Plants Other things relocation, assistance during relocation, and related to the land required to restore to the owner a property of at least residential housing, or housing sites, or the same quality as that owned prior to the land acquisition. Cost & agricultural sites of equivalent productive Loss (Non-Physical Losses) Transaction costs Moving costs Loss of potential, as required; (c) transitional support on-going business (business interruption) Other losses of special and development assistance, such as land nature, subjective and difficult to calculate Premium preparation, credit facilities, training or job opportunities as required, in addition to compensation measures; (d) cash compensation for land when the impact of land acquisition on livelihoods is minor; and 2The proposed project should follow the spatial development plan. If not, the project location has to move to another place or, the spatial development plan should be revised by the local government. The revised spatial development plan should be approved by the local parliament. Revision of the Plan should be issued by the local parliament proposed by the relevant government institution. 3 At present the spatial-planning zoning could accommodate the function proposed by the project. If not, the project has to move to another place or a revision of zoning should be issued by the local parliament proposed by the relevant government institution. 4 Presidential Regulation No. 56/2017 on the Handling of Social Impacts in Land Acquisition for National Strategic Projects (as specified in Perpres 3/2016 and its update, Perpres 59/2007). This regulation stipulates that the Government will handle the social impacts on the occupants of land owned by the Government (national, provincial and district/city), state-owned enterprise, and local-government enterprise that will be used for national strategic projects. The regulation specifies the criteria of such occupants (have ID cards endorsed by sub-district and do not have rights on the land; have physically controlled and used the land continuously for 10 years, and have controlled and used land with good intentions openly, not contested, and been recognized by the land owners and/or head of village); coverage of compensation (costs for dismantling houses, mobilization, house rents and support for income loss). The regulation requires the land owners to prepare a Social Impact Handling Plan (SIHP) to be submitted to the Governor, who will then establish an Integrated Team to make an inventory and verify the occupants and the occupied land; assign an independent party to calculate the compensation; facilitate issues; recommend the list of occupants eligible for compensation, amount of compensation based on the calculation of the independent party, mechanisms and procedures to give the compensation to the occupants; and control the implementation of the delivery of the compensation. The Integrated Team consists of various government officials from province and district/city and land owners. Based on the recommendation from the Integrated Team, the Governor will establish the list of eligible occupants for compensation; amount of compensation and mechanism and procedures to give the compensation. The regulation also specifies that the land owners should provide the financing for the compensation and the compensated occupants should move from the land within a maximum of seven days after the compensation is received. 5 This initiative is supported by ADB Technical Assistance. 6 In BPN and Forestry Regulations IP institution should be recognized by local government, while institutions that in favor of IP prefer that the recognition comes from independent IP Committee. 59 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 (e) provision of civic infrastructure and community services as required. Full Replacement Provide compensation for land and assets at “Fair and reasonable” compensation, based on a value assessment The licensed, independent appraiser Cost full replacement cost. made by a licensed, independent appraiser. See above on assesses costs and loss of physical assets, compensation options and MAPPI’s criteria for determining non-physical assets, and the premium. compensation. Livelihood The resettlement plan or resettlement policy Once fair compensation is given, further consideration and impacts Law 2/2012 and its implementing regulations do not elaborate LARPF includes resettlement assistance Restoration framework also includes measures to ensure mitigation are not elaborated. on the option for, and implementation of, assistance and and livelihood restoration options. that displaced persons are: Offered support livelihood restoration. after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. Such support could take the form of short-term jobs, subsistence support, salary maintenance or similar arrangements; and Provided with development assistance in addition to compensation measures described in paragraph 6 (a) (iii), such as land preparation, credit facilities, training, or job opportunities. Indigenous Peoples Land of IP is addressed in both OP 4.12 and Affected land that privately/individually belongs to IP is treated in Law 2/2012 and its implementing regulations do not differentiate LARPF as applied to a activity involves land OP 4.10. If land of IP is to be taken, broad the same way as for common people. PAPs by origin, race, etc. acquisition and/or resettlement, regardless of community support and FPIC is required. who owns the land. Consultation as specified in the LARPF and LARAP should be tailored to the local context and the characteristics of the affected persons (in the case of IP, it should adopt the FPIC that leads to broad community support). Resettlement Costs The full costs of land acquisition and/or The land acquisition plan includes cost estimation. Although Law 2/2012 requires the land acquisition plan to LARPF and LARAP require that estimated resettlement activities necessary to achieve the include estimated costs for land acquisition and/or resettlement, costs for land acquisition and/or resettlement is objectives of the project are included in the usually it does not include the costs for providing assistance and budgeted based on the social economic total cost of the project. livelihood restoration. Cost estimation and proposals for budget survey/census, including the affected assets. allocation are carried out at the planning stage, whereas detail surveys for each land plot and measurement are carried out during the implementation stage of land acquisition. Consultation and Displaced persons should be meaningfully Consultations with PAPs are needed to obtain a permit for the LARAP specifies the requirement for Complaint consulted and should have opportunities to proposed location of the project, for defining forms of monitoring implementation of land acquisition Procedures participate in planning and implementing compensation. The law and regulations stipulate that the process of and resettlement activities. The Project is resettlement programs Grievance mechanisms consultations is carried out with a dialogue approach. Negotiations required to monitor and report the preparation should take into account the availability of are carried out to agree on the compensation level. The mechanisms and implementation of LARAP (and EMPs and judicial recourses and community and to complain due to disagreement on the compensation is elaborated IPPs as well). traditional dispute settlement mechanisms. in Law 2/2012 and its implementing regulations, including how and where to file complaints, timing for responses, and judicial procedures. OP 4.10 Indigenous Peoples (IP) Identification of Recognition and identification of IP accordance with the development of the society and the State unity The process to obtain legal recognition is cumbersome, IPPF provides criteria for identifying IP as presence of presence as per criteria specified in OP 4.10 as regulated in the laws; cultural identity and rights of traditional bureaucratic, and in some cases, political. The extent of specified in OP 4.10. It also specifies the Indigenous Peoples Undertake FPIC if IP are potentially affected community are respected in accordance with the development of conditionality for recognition of IP’s existence varies across screening and preparation for social assessment Includes (positively or negatively), to determine civilization. With these provisions, the BAL recognizes “hak regulations. Screening does not specify gender analysis; (SA), and procedures to prepare an IPP to identification of whether there is broad community support ulayat” (customary rights) of MHA. Various sectoral laws provide however, it provides an opportunity for gender analysis if address the potential impacts of sub-projects affected IP, potential for project activities. articles that recognize the existence of IP, respect and promote the necessary as indicated in the scope or area that is covered in identified in the social assessment. In impacts, and empowerment and participation of IP, and provide access to benefit other studies. Regulations on AMDAL and UKL-UPL do not identifying affected IP and preparing SA and measures to address from natural resources. Other laws and regulations pertaining to explicitly require screening on IP and social assessment on IPP, the activity proponent should use a FPIC impacts regional and local governments and development planning also have affected IP. They also do not require preparation of an IPP if IP that leads to broad community support. This provisions on IP. However, these regulations point out that IP’ rights are affected by physical investments. There are no explicit ESSF provides the Bank’s IP Screening (2010) would be recognized and respected as long as the IP concerned have requirements to carry out social assessment for affected IP and tool for the Project to carry out initial screening 60 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 fulfilled the determined conditions of constitutional recognition, to prepare IPP to address potential impacts (positive and (Appendix 8). Results should be verified at the such as existence, conformity to national development visions and negative). activity sites. civilization, aligned with the national interest, and with the principles of the unitary state. Such conditionality is further translated into criteria such as the existence or presence of in-group feeling, traditional territory, adat rules and organization to obtain legal recognition from respective district/provincial governments. Monitoring of Requirement to carry out adequate LARAP specifies required monitoring for outcomes monitoring and evaluation of all activities implementation of land acquisition and is set out in the resettlement plan. It resettlement activities. The Project is required assesses whether the objectives of the to monitor and report on the preparation and resettlement instrument have been implementation of LARAP (and EMPs and achieved upon completion of the project, IPPs as well). taking account of the baseline conditions and the results of resettlement monitoring. Free, Prior, Informed OP 4.10 requires FPIC that leads to broad Various sectoral laws and regulations (see Chapter 5.3) also require Although some laws and regulations contain provisions for IPPF and IPP provide guidelines and protocols Consultation (FPIC) community support during the Social empowerment and participation of IP. For instance, Law No. 27 (2007) empowerment and participation of IP, they do not specify for FPIC that lead to broad community support that lead to broad Assessment, preparation and implementation on Coastal Zones and Small Island Management, stipulates specific requirements for obtaining broad community support through the to be used for identifying the affected IP and for community support of the IPP. provisions on public consultations for the development of coastal FPIC. There is a need under this project to develop specific preparing SA and IPP. The guidelines and management plans. In the forestry sector, provisions of FPIC are not guidelines or protocols for FPIC that lead to broad community protocols need to be expanded by the Project as explicitly specified in the Law No. 41 (1999) on Forestry and its support to avoid multiple interpretations. part of the Project Operations Manual. guiding ministerial regulations. However, standards for such consultations are available in the General Director of Forestry Business Units’ Directive No. P.14/VI-BPPHH/2014 on Standards and Guidelines for Performance Assessment in Sustainable Production Forest Management and Legal Timber Verification. Access to natural Indigenous Peoples can participate in Various laws and regulations (refer to Section 4.2) stipulate that MA, Principles, procedures, requirements and options for these rights The ESSF provides guidance for benefit sharing resources and devising opportunities to benefit from MHA or MT have the rights to access and manage natural resources need to be developed. (Appendix 3). This guidance should be opportunities to share exploitation of customary resources or and to benefit from their development. elaborated in the Project Operations Manual. benefits indigenous knowledge, the latter with the agreement of the Indigenous Peoples. OP 4.04 Natural Habitats Conservation of Bank policy prohibits conversion of critical Ministry of Environment (MOE) regulation (PermenLH) No. 05 The screening process may not be responsive to the presence of ESSF requires that the prohibitions, procedures biodiversity, habitat and forests and restricts conversion of (2012) requires AMDAL for any business/activities in or directly natural habitats or cultural resources that do not have official and restrictions in OP 4.04 and OP 4.36 are preservation of other natural habitat, giving preference for adjacent to protected areas, including watersheds, protected forests, protected status. The UKL-UPL (or AMDAL) documents only applied in the project as well as in the design of natural habitat and development on lands already converted. cultural preservation areas, ground water recharge areas, national provide limited information on natural and/or critical habitats. investments. forests parks, etc. Presidential Decree No. 32 (1990) stipulates that: (i) in Physical investments located in protected areas automatically protected areas, cultivation which interferes with the environmental require AMDAL, but Indonesian regulations do not prohibit or function of the protected area is prohibited; and restrict activities that involve (ii) in nature reserves and areas of cultural heritage, cultivation which conversion or degradation of critical natural habitats or natural alters the landscape, land use conditions, natural ecosystem, habitats including critical forests. environmental function of the nature reserves or cultural heritage, is prohibited. 61 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 ANNEX J. Minutes of ESSF Public Consult ation Workshop Minutes of Meeting Forum Konsultasi Pemangku Kepentingan Penyusunan Kerangka Perlindungan Lingkungan dan Sosial Tanggal : Senin, 23 Juli 2018 Waktu : 09.00 – selesai Tempat : RR. Kapoposan 1, Hotel Aston – Makassar Agenda : 1. Pembukaan oleh Direktur Kelautan dan Perikanan Bappenas 2. Presentasi oleh Direktur Eksekutif ICCTF-BAPPENAS 3. Diskusi dan Tanya Jawab 4. Kesimpulan dan Penutup Pembahasan : 1. Pembukaan oleh Direktur Kelautan dan Perikanan Bappenas: 1) COREMAP- CTI merupakan program pemerintah Indonesia sejak tahun 1998 yang didanai oleh beberapa donor dengan tujuan “untuk melindungi, merehabilitasi dan mencapai pemanfataan terumbu karang dan ekosistem terkait secara berkelanjutan di Indonesia, melalui upaya-upaya tersebut, juga akan meningkatkan kesejahteraan masyarakat pesisir” dan sudah mengalami 3 fase dari sejak berdirinya hingga saat ini, yaitu: i) Fase I, tahun 1998 – 2004; ii) Fase II, tahun 2005 – 2011; iii) Fase III, 2014 – sekarang) 2) Proses restructuring COREMAP-CTI dilatarbelakangi adanya perubahan kebijakan Kementerian Kelautan dan Perikanan (KKP) yang kemudian melalui proses diskusi di antara kementerian/lembaga terkait di Pemerintah Indonesia sehingga disepakati bahwa komponen GEF dari COREMAP-CTI akan dilaksanakan oleh Bappenas. 3) Sejak Januari 2018 hingga saat ini, Bappenas berkoordinasi dengan World Bank dan kementerian/lembaga terkait untuk melakukan proses restructuring. Dari proses tersebut disepakati beberapa perubahan dalam Project Objective dan Project Components. Durasi program adalah selama 4 tahun (2018-2022) di 2 lokasi yakni Raja Ampat (Papua) dan Laut Sawu (NTT). Adapun nilai hibah yang akan dikelola adalah 6,2 juta USD dari total hibah program sebesar 10 juta USD. 4) Untuk melanjutkan proses restructuring, diusulkan timeline dan action plan sebagaimana tercantum dalam Draft Aide Memoire. Salah satu agreed action berdasarkan hasil wrap up COREMAP GEF Preparation mission pada tanggal 03 Juli 2018 yaitu pelaksanaan Environmental and Social Safeguard Framework (ESSF). 5) Pertemuan ini merupakan tindaklanjut dari agreed action wrap up meeting preparation mission GEF Grant–WB, untuk membahas hal – hal sebagai berikut: (i) Konsultasi dokumen Enviromental and Social Safeguard Framework (ESSF) COREMAP – CTI kepada stakeholder terkait (KKP, LIPI, World Bank, PEMDA Provinsi, Universitas, dan NGO); (ii) Input dan feedback terhadap Dokumen ESSF dari stakeholders. 2. Presentasi oleh Direktur Eksekutif ICCTF-BAPPENAS 1) Environmental and Social Safeguard (ESSF) disiapkan untuk menetapkan prosedur yang disyaratkan oleh COREMAP-CTI untuk meminimalkan dampak lingkungan dan sosial yang mungkin terjadi karena pelaksanaan proyek. COREMAP-CTI yang 62 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 direstrukturisasi diklasifikasikan sebagai proyek Kategori B dan tidak menyebabkan perubahan terhadap Kebijakan Operasional (OP) Bank Dunia sbb: (i) OP 4.01 Kajian Lingkungan / Environmental Assessment (EA); (ii) OP 4.04 Habitat Alami / Natural Habitats (NH); (iii) OP 4.10 Masyarakat Adat / Indigeneous People (IP); (iv) OP 4.11 Pemukiman Kembali / Involuntary Resettlement (IR). 2) ESSF meliputi 2 proses utama yaitu: i) proses screening, yang terdiri dari Screening terhadap Negative List; dan Screening terhadap Check List ESSF dan; ii) penyiapan intrumen yang terdiri dari Environmental Management Framework (EMF), Land Acquisition and Resettlement Policy Framework (LARPF) dan Indigenous Peoples Planning Framework (IPPF). 3) Dokumen ESSF menjadi acuan pelaksanaan kegiatan COREMAP karena memuat berbagai macam aspek yang harus diperhatikan dan menjadi konsern sebelum pelaksanaan kegiatan seperti sebagai berikut: i) Pengaturan Pelaksanaan & Mekanisme Penanganan Keluhan; ii) Pengawasan, Pemantauan dan Evaluasi; iii) Capacity Building; iv) Dokumentasi & Keterbukaan Informasi serta; v) Anggaran & Pembiayaan 3. Diskusi dan Tanya Jawab No Nama Pertanyaan/Masukan Tanggapan 1 Djamaludin - Proyek COREMAP sempat terhenti sejak Direktur KP, Bappenas: Jompa mulai diberlakukannya UU No. 23 Tahun - Terkait kekhawatiran (Universitas 2014 tentang kewenangan Pemerintah berlakunya Hasanuddin) daerah, yang membagi kewenangan antara UU No. 23 tahun 2014, pemerintah pusat dan daerah. Sehingga Bappenas sebisa mungkin apakah bisa direncanakan untuk kegiatan di menjembatani kegiatan- COREMAP tahap III untuk menyelamatkan kegiatan antara Provinsi dan kawasan konservasi dari ex lokasi Kabupaten sehingga COREMAP fase II? Mengingat Dinas diharapkan program Kabupaten/Kota tidak lagi memiliki COREMAP bisa menjadi pilot kewenangan untuk pengelolaan kelautan. pelaksanaan UU Nomor 23 - Perlu diantisipasi pada dokumen ESSF yang baik. terkait implementasi di kawasan konservasi, - KKP sudah berkomitmen untuk mengingat kawasan konservasi tidak hanya tetap melaksanakan di laut, tetapi juga bisa di pulau yang komitmennya dibawah memiliki masyarakat yang dibina oleh anggaran KKP, sehingga Pemerintah Kabupaten. sebagian kegiatan COREMAP - COREMAP CTI diharapkan menjadi pilot II masih dilaksanakan oleh dalam transisi kewenangan dari Kabupaten KKP, serta Bappenas berperan ke Provinsi agar menjadi lebih baik. untuk mengawasi pelaksanaan komitment KKP melalui penganggaran mereka. 2 Muh - Pada dokumen ESSF, harus ditambahkan Direktur KP: Lukman mengenai UU No 23 tahun 2014 tentang - UU Nomor 23 tahun 2014 akan (Universitas Pemerintahan Daerah. Dengan adanya UU ditambahkan di Dokumen Hasanuddin) Nomor 23 tahun 2014, sehingga DKP ESSF Provinsi berwenang untuk kegiatan kelautan dan konservasi, karena Kabupaten tidak dapat 63 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 mengalokasikan kegiatan konservasi dalam - KLHS akan dilampirkan dalam rencana kegiatan. dokumen ICM(dalam - Pada komponen 3 dan sub-komponen 3.2 dari pelaksanaannya). COREMAP mengenai rencana zonasi. Sebagai informasi bersama, bahwa ICM tidak bisa disertakan jika tidak ada dokumen KLHS (Kajian Lingkungan Hidup Strategis). Jika mau mengusulkan ICM, maka harus melampirkan dokumen KLHS.a 3 Taufik - Pelaksanaan ESSF diharapkkan masih find (RARE) tunning dengan kegiatan-kegiatan KP dan dengan kebutuhan komponen 3 COREMAP. - Butir penting: status laut sangat berbeda dengan kawasan hutan, karena teristorialnya masih bebas sehingga pembahasan screening checklist tidak hanya konsern pada konservasi perairan, namun juga perlu lebih memperhatikan lautnya. - Harus ada pengakuan akan tanah yang dikelola oleh masyarakat adat. - Terkait UU Nomor 23, program COREMAP diharapkan bisa menjadi bleaching dimana next stepnya kegiatan tidak lagi di level Kabupaten tetapi sudah berada di level Provinsi yang akan melaksanakan kegiatan. 4 Umbu L - Apakah ada evaluasi untuk penentuan lokasi Direktur KP Dawa (FKIP pelaksanaan COREMAP CTI? - Penentuan lokasi diutamakan Artha berada di ex lokasi Wacana, COREMAP sebelumnya. NTT) 5 Catherina - Terkait kelembagaan, di NTT sudah ada Pak Tonny Paulus (Univ kolaborasi antara Universitas dengan NGO - Terkait lokasi, arahan GEF Nusa dan Dinas terkait, tokoh masyarakat, tokoh adalah agar cakupannya jangan Cendana, adat dalam Dewan Konservasi Perairan terlalu luas. NTT) Provinsi. Beberapa tahun lalu telah - Untuk pertemuan berikutnya dilaksanakan forum konsultasi perairan yang lebih teknis mengenai pada setiap Kabupaten NTT bersama activities, akan diundang dengan Dinas kabupaten, sehingga Pemerintah Kabupaten dan kedepannya diharapkan dapat mengundang lebih banyak stakeholder yang mengundang instansi lain yang lebih banyak kompleks. 6 Glody - Seberapa fleksibel untuk memasukan input Pak Denny: Perdana dan pertanyaan-pertanyaan untuk dimasukan - Dokumen ESSF memuat (TNC) dalam kerangka yang sudah ditentukan oleh kegiatan termaksud yang GEF? LOAN untuk LIPI. - Dokumen ESSF dirasa terlalu general karena belum merepresentasikan rencana kegiatan yang akan dilakukan di Laut Sawu dan Raja Ampat. 7 David Nauw - Disarankan agar Pemda Kabupaten juga Untuk pertemuan berikutnya (Bappeda dapat diundang sehingga mengetahui yang lebih teknis mengenai Papua Barat) kegiatan Provinsi. activities, akan diundang Pemerintah Kabupaten dan lebih 64 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 banyak stakeholder yang kompleks. 8 Victor - Pada prinsipnya dari Bappeda menyambut (Bappeda baik program ini, selama programnya NTT) menyentuh langsung masyarakat dan dapat meningkatkan pendapatan masyarakat. 9 Andri - KKP tetap mendukung program (BPSPL COREMAP namun tidak lagi Makassar) menggunakan LOAN, melalui berbagai kegiatan konservasi. - Pelembagaan: sudah dibentuk jejaring konservasi dan jejaring kemitraan (Usaha BUMD), yang bertujuan untuk upaya pelestarian dikawasan konservasi. 10 Muh - Dokumen ESSF bersifat umum, sehingga Lukman jika program dilaksanakan dokumen (Universitas tersebut yang dijadikan acuan, dan jika Hasanuddin) proyek tersebut masuk dalam UKL/UPL maka diperlukan AMDAL, namun sepertinya kegiatan COREMAP CTI tidak memerlukan Amdal. - Mekanisme pengaduan: mengenai “ Hotline” apakah sudah ada konsep terkait nomornya?siapa yang mengoperasikan?dan bagaimana prosedurnya? - Pembuatan dokumen KLHS sendiri merupakan dokumen yang mengintegrasikan rencana dan program dari semua pihak, karena ESSF tidak bisa menambahkan program baru yang telah ditetapkan oleh Bappenas dan LIPI. Sehingga perlu adanya KLHS, dimana KLHS menjawab tujuan pembangunan Global (SDGs). Pengintegrasian SDGs dalam pembangunan provinsi (karena memuat 17 points, termaksud RZWP3K) 11 Ade Rahmi Y - Karena pelaksananya ICCTF, apakah tidak Direktur KP: (TNC) ada rencana menlinkan dengan SDGs dan Semua kegiatan Pemerintah, climate change. pasti terkait dengan kebijakan- kebijakan Pemerintah dan SDGs. 65 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 12 Taufik - Perlu ditambahkan Peraturan Perundangan Pak Tonny: Alimi Kepmen LH tentang baku mutu air laut No - Kegiatan dibawah GEF tidak (RARE) 51 Tahun 2014. memerlukan banyak lahan/ - Dalam tabel check list hanya terkait pada pembangunan lahan skala besar konstruksi namun tidak ada screening yang - Workshop yang dilakukan menunjukan konsern pada saat sekarang bertujuan untuk operasionalnya, sehingga perlu direview konsultasi dokumen dengan kembali terkait screeningnya agar stakeholder sebagai persyaratan disesuaikan dengan kegiatan COREMAP WB untuk Grant agrement. yang kegiatannya banyak di laut, seperti Kedepannya Bappenas dan contohnya: pertanyaan Apakah air lautnya ICCTF jika diperlukan akan tercemar atau tidak, etc. mengadakan pertemuan yang - Perlu menjadi kajian khusus terkait lebih teknis untuk membahas kepemilikan lahan (khususnya di daerah program dan activities dan akan Papua). melibatkan lebih banyak pihak - Pelaksanaan kegiatan COREMAP secara yang terlibat. lingkungan sebenarnya dinilai aman, namun jika dilihat dari sisi konservasi dan terutama Irfan (P2O LIPI): dampak ekologis dan sosial yang diyakini - Kegiatan mengenai konstruksi, akan sangat berdampak dari sisi tersebut, yang menjadi konsern utama sehingga perlu lebih diperhatikan lagi. adalah pembangunan dan - Masyarakat adat dan masyarakat Lokal perlu penggunaaan lahan, dan sejauh ditambahkan FPIC yang diberikan oleh ini kegiatan pembangunan World Bank, setiap perubahan pada kawasan berada pada lahan LIPI karena adanya kegiatan perlu diinfokan sehingga tidak melibatkan kepada masyarakat. Meningkatkan adaptive masyarakat adat. generatif competitive masyarakat yang berkontribusi pada climate change. Bu Ninin (World Bank) - Identifikasi masyarakat adat, jika tidak terdaftar pun selama masuk dalam kriteria Bank, tetap bisa dimasukan dalam kategori masyarakat adat. - FPIC (PADIATAPA) selalu masuk dalam IPPF. 13 Ninin Kania - Dokumen ESSF merupakan dokumen acuan D (World pelaksanaan kegiatan, dan untuk kegiatan Bank) dibawah GEF tidak banyak menyebabkan dampak lingkungan dan sosial. - Masukan yang bersifat design akan didiskusikan kembali di Jakarta, karena ESSF sendiri tidak terlalu membahas mengenai Design. - Perlu diemail softfile dokumen ESSF kepada stakeholder untuk feedback mereka, dan diberikan dateline penerimaan email input dari stakeholder ke LIPI dan ICCTF 14 Agustina - Standar dan kebijakan lingkungan Sosial - Prawitosari ESSF World Bank tidak bertentangan (World dengan Pemerintah Indonesia. Bank) - Banyak input yang bersifat positif terhadap dokumen ESSF, termaksud masukan mengenai KLHS. 66 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 15 Pak Andri - Adapun beberapa peraturan (BPSPL perundangundangan yang perlu Makassar) ditambahkan di dokumen ESSF yaitu: i) Kepmen KP no 5 tahun 2014 tentang kawasan konservasi perairan Nasional, pengelolaan laut sawu ii) UU No. 27 tahun 2007 tentang pengelolaan wilayah pesisir dan pulaupulau kecil 4. Tindaklanjut dan Kesimpulan 1) Apresiasi terhadap masukan dan feeback dari para peserta yang hadir untuk penyempurnaan dokumen ESSF 2) Dokumen akan didistribusikan melalui email kepada semua stakeholder yang hadir, untuk diberikan komentar/masukan pada dokumen tersebut. Masukan dari pihak stakeholder terhadap dokumen ESSF ditunggu sampai tanggal 27 Juli 2018. 3) Kegiatan COREMAP diusahakan seoptimal mungkin agar tidak menurun dari kegiatan COREMAP sebelumnya, hasil yang diharapkan paling tidak sama dengan sebelumnya. 4) Kedepannya untuk pertemuan yang lebih teknis mengenai program dan activities, Bappenas akan melibatkan lebih banyak pihak termaksud didalamnya Pemerintah Kabupaten karena pelaksanaan kegiatan COREMAP perlu pengawalan semua pihak. 67 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 ANNEX K. List of Participants f or ESSF Document Consultation Workshop w ith Stakeholders 68 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK – Final, January 19, 2018 69