GOVERNMENT OF SAMOA LAND TRANSPORT AUTHORITY Report Enhancing the Climate Resilience of West Coast Road Abbreviated Resettlement Action Plan (ARAP) Prepared for: Land Transport Authority (Client) By: Roughton International Ltd in association with PLT Consultants Ltd Reviewed and updated – June 2018 by S Sesega (LTA Safeguards Advisor). June 2018 (Final) Page 0 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Revision History Revision Nº Prepared By Description Date 1 Peseta Dr Konelio Tone For internal review 16/11/15 2 Peseta Dr Konelio Tone For internal/external review 25/01/16 3 Sam Sesega For review/update 26/6/2018 4 5 Document Acceptance Action Name Signed Date Prepared by Peseta Dr Konelio Tone Reviewed by Peseta Simon Tone Approved by Richard Hopkins on behalf of Roughton International Ltd in Association with PLT Consultants Ltd Page 1 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 EXECUTIVE SUMMARY The Government of Samoa’s (GOS) Land Transport Authority (LTA) is implementing the Enhancing the Climate Resilience of the West Coast Road Project (CRWCR), which is part of the Pilot Program for Climate Resilience (PPCR). The West Coast Road (WCR) is the country’s main arterial route and is a key infrastructure component of Samoa’s economic corridor that connects the capital and commercial centre of Apia to the Faleolo International Airport and the Mulifanua Wharf linking Upolu to Samoa’s bigger island Savaii. The project is jointly financed by a grant from the Strategic Climate Fund (SCF) and by the Government of Samoa (GoS). The project’s development objective is to: (i) Improve the climate resilience of the WCR; and (ii) Enhance local capacity to develop a more climate resilient road network. For funding reasons, the original 24km from Saina to Faleolo Airport is split into two contracting packages, with the first package covering 12.5km from Saina to Malua to be funded and implemented first, under the PPCR-CRWCR; with the remaining 11.5km from Malua to Faleolo Airport to be funded and implemented under a different project. The reconstruction of WCR to enhance climate resilience includes upgrading of the road pavement, improvement in storm water drainage, and some coastal protection measures. It triggers WB Safeguards Policy OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement. The former deals with environmental impacts and are addressed by a separate safeguards instrument i.e. Environmental and Social Management Plan (ESMP). The latter policy refers to social impacts associated with the taking of land, physical displacement of affected people, loss of non- land assets and crops and other sources of livelihood, as well as loss of public access to shared communal resources and to designated protected areas. This document deals with the social/resettlement impacts and addresses the requirements of OP/BP 4.12. It constitutes the Abbreviated Resettlement Action Plan (ARAP) for the WCR from Saina to Malua (Package 1). The ARAP is prepared in accordance with the Land Acquisition and Resettlement Framework (LARF) approved for the Project, which integrates the requirements for land taking set out in the relevant Samoa legislation and regulations, and the World Bank’s Safeguards Policy OP/BP 4.12 Involuntary Resettlement. The ARAP is based on results of land cadastral surveys of the final road alignment, due diligence conducted on ownership of affected land, consultations with affected people and an inventory of losses (IOL) conducted in November 2017 and March 2018 of land and assets affected. Assessed resettlement impacts includes the permanent taking of 321m2 of customary and privately- owned land; signed agreements with 19 customary and private landowners for the restricted use of about 5,800m2 of easements; loss of crops and other non-land assets on acquired land, easements and others encroaching into the existing road reserve. The overall resettlement impacts are minimal, with 27 separate land lots affected, either taken permanently or as drainage easements with signed agreements for restrict usage. In affected land, 18 households will lose crops, trees, an outdoor toilet/shower facility, and two septic tanks. This low level of impact is consistent with the Category B for IR assigned to the Project and is the justification for the choice of the ARAP, as opposed to a more detailed LARP, as the appropriate safeguards instrument. In accordance with the LARF, land to be taken and non-land assets affected will be compensated either financially based on the principle of replacement cost using current market values, or in-kind, reinstated to pre-project conditions if not better. Page 2 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 A Summary Compensation/Entitlement Matrix (Table 9) summarizes the areas to be taken permanently, crops and non-land assets affected, total cash compensation payable, and confirmed beneficiaries. Cash compensation payments will be given to 24 beneficiaries whose land, and or crops will be taken permanently or damaged. Other non-land assets will be reinstated to pre-project conditions or better. Four landowners have land affected for drainage easement purposes but there are no crops or other non-land assets lost. Five land lots affected and taken permanently have unconfirmed owners and MNRE is working on confirming rightful owners by consultations and investigation of Land Court decisions. Financial compensation for these lands are to be deposited in an Escrow Account within the Ministry of Finance (MOF) awaiting confirmation of rightful beneficiaries. A total budget of $80,187 is proposed to cover financial compensation which includes a contingency of 20% for any unforeseen costs. The ARAP also sets out the following (i) processes of consultation completed and to be carried out, to inform Project affected people, identify and confirm landowners and other beneficiaries, and to disclose results of inventory of losses and their valuation; (ii) methods used in valuing affected land and non-land assets, (iii) the inventory of losses and their valuation, (iv) the entitlement matrix (v) organizational arrangements for the implementation of this ARAP (vi) grievance redress mechanism for all people with complaints related to the Project and (vii) monitoring and reporting arrangements for ensuring the ARAP is fully implemented. These arrangements and procedures are in accordance with the Project LARF. Page 3 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 TABLE OF CONTENTS Executive Summary ………………………………………………………………………………. 3 Definitions ………………………………………………………………………………………….. 7 Abbreviations ……………………………………………………………………………............... 9 1 Introduction ………………………………………………………………………………………… 10 1.1 Background ………………………………………………………………………………………….. 10 1.2 Choice of Plan ………………………………………………………………………………………. 10 1.3 Samoan Context as outlined in the WCR LARF ………………………………………………… 11 1.4 Objectives and Key Principles of the ARAP ……………………………………………………... 12 2 Project Description and Components ………………………………………………............... 13 2.1 Climate Resilience and WCR ……………………………………………………………………… 13 2.2 Consultations carried out for the ARAP ………………………………………………………………. 14 2.3 Household Socio-economic Characteristics …………………………………………………….. 15 2.4 Project Timeline …………………………………………………………………………………….. 15 3 Legal, Policy and Regulatory Context ………………………………………………............... 15 3.1 Applicable GoS Policy and Legal Framework …………………………………………………… 15 3.2 World Bank Safeguard Policies ……………………………………………………………………………. 17 4 Scope of Resettlement Impacts ………………………………………………………………………….. 18 4.1 Types of Project Affected Persons (PAPs) / Beneficiaries …………………………………… 18 4.2 Eligibility Criteria for Compensation and other Resettlement Measures……………. 18 4.3 Description of Affected Land under WCR Package 1……………………………............... 19 4.4 Types of losses, compensation measures and rates……………………………………………. 20 4.5 Inventory of Losses……………………………………………………………………………………………… 21 4.6 Cut-Off Date……………………………………………………………………………………..………………… 23 4.7 Methodology for Valuation of Losses ……………………………………………..………………….. 23 5 Compensation / Entitlement Packages…………………………………………………………… 26 6 Organizational Arrangements for ARAP Implementation………………………………… 30 6.1 Responsible Agencies………..……………………………………………………………………………….. 30 6.2 Capacity Building Measures ………………………………………………………………............... 25 7 Grievance Redress Mechanism………………………………………………………………………… 26 7.1 Conflict resolution using Traditional Processes……………………………………………………. 31 7.2 Conflict Resolution through Project GRM and the Courts………….…………………………. 28 7.3 Grievance Redress Committee…………………….. …………………………….………………………. 34 7.4 Litigation ………………………………….…………………………………………………………………………. 34 8 Public Consultation and Disclosure ………………………………………………………………… 35 8.1 Summary of Completed Consultation..………………………………………………………………… 35 8.2 Environmental Assessment Report and ESMP…………………………………………………….. 35 8.3 Social Impact Assessment……………………………………………………………………………….. 35 8.4 Disclosure………………………………………………………………………………………………………. 35 Page 4 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 9 Implementation Timetable and Budget……………………………………………………………. 36 9.1 Schedule of Implementation. ……………………………………………………………………………... 36 9.2 Budget…………………………………………………………………………………………………………….. 36 10 Monitoring and Reporting …………………..…………………………………………………………… 37 List of Annexes Annex 1: References ……………………………… …………………………………………………………….. 38 Annex 2: Community Consultation Records…………….. …………………………………………... 39 Annex 3: IOL of Crops on Drainage Easements.……………………………………………………… 62 Annex 4: Consultations with AP’s on Easements …………. ………………………………………. 64 Annex 5: Crops Compensation Rates ……………..…………………………………………………… 72 Annex 6: Consultation with AP’s during IOL 76 Annex 7: MNRE Land / Asset Valuation Report 78 List of Tables Table 1 WCR Household Socio-economic Characteristics …………………………………… 14 Table 2 Relevant Laws & Policies Related to Resettlement …………………………………. 16 Table 3 Criteria for assessing different types of compensation……..…………………….. 18 Table 4 Land Permanently Acquired for WCR Package 1……………………………………… 19 Category of Affected Assets, Compensation Measures and Compensation Table 5 Rates……………………………………………………………………………………………………….. 20 Table 6 Inventory of Losses for WCR Package 1 Easements …….………………………….. 22 Table 7 Matrix 1 – Compensation Packages for Land Taken Permanently…………… 26 Table 8 Matrix 2 – Compensation Packages for land used as drainage easements. 27 Table 9 Summary of All Beneficiaries and the Compensation Packages..…………….. 29 Table 10 Proposed ARAP Implementation Schedule……………………………………………… 37 List of Figures Figure 1 WCR locality map …………. ………………………………………………………………………. 11 Figure 2 Traditional and Non-traditional Grievance Redress Mechanisms…………….. 32 Figure 3 Project Grievance Redress Mechanism (GRM)……………………………………….. 31 Units Unit Symbol Unit Description km Kilometre LM Linear meter M2 Square metre No. Number(s) Page 5 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Definitions These definitions are based on the ‘Glossary of Key Terms’ provided in the Land Acquisition and Resettlement Framework for Enhancing the Climate Resilience of West Coast Road Project (CRWCR), 2015, and unless the context shall otherwise require, the following terms have the following meanings: Affected Persons Persons who are affected in any of the ways described in paragraph 3 of OP 4.12, i.e. all those people who lose land or the right to use land (para. 3a) or who lose “access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods” (para. 3b). The term is synonymous with “displaced persons” and is not limited to those subjected to physical displacement; may also refer to persons affected by project-related changes in the use of land, water and other natural resources. World Bank OP 4.12 Village Fono Village Council of chiefs and orators of a village in Samoa Appurtenant A right, such as an easement of right of way, over other land is said to be appurtenant to the land; or land to which the easement is attached. NZ Institute of Surveyors Compensation Payment in land, cash or other assets given in exchange for the taking of land and buildings, in whole or in part, and all fixed assets on the land and buildings (e.g. fences, crops). There are two types: land compensation and asset compensation. World Bank OP4.12. Paid where the loss of damage arises from the registration of some other person (i.e. the State) or interest in the land. Land Title Registration Act 2008 s79 (1) (b). Customary Land This is land held from Samoa in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage Cut off date Date of the start of census for eligibility to entitlements. World Bank, OP4.12 Displaced See Affected Persons (above). Persons Drainage The right to convey sewage and/or storm-water through adjoining lands easement Easement A legal right to use of land of another, without the right to possession of that land, or to take any part of the soil or produce of such land. Survey Ordinance Act 1961 No. 12 (GoS) The property owner who grants the easement retains possession of the land and access over the land but has restrictions placed over the use of the servient tenement WCR Drainage Position Paper 2010 Easement in An easement over land, which is not appurtenant to other land, but which gross belongs to a person independently of the ownership of land. Survey Ordinance Act 1961 No. 12 (GoS) An easement over land may be created without being attached or made appurtenant to other land. Taking of Land Act 1964 (s122) (GoS) Freehold Land This is land held from Samoa for an estate in fee simple Informed Affected persons are fully knowledgeable about the project and its implications consent and consequences and freely agree to participate in the project. World Bank OP4.12 Involuntary Actions that may be taken without the displaced person’s informed consent or power of choice. World Bank OP4.12 Page 6 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Involuntary Direct economic and social impacts caused by (a) the involuntary taking of land resettlement/ resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; displacement or (iii) loss of income sources or means of livelihood, whether or not the Displaced Persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. World Bank OP4.12 Involuntary Applicable to easements where ‘right of way’ is being exercised. restriction of access Involuntary Land Compulsory acquiring, or involuntary taking, of land by government for public Acquisition purpose where the landowner must surrender their land involuntarily but retains the right to negotiate and appeal the amount of compensation proposed or terms on which the involuntary acquisition will take place. This includes land or assets for which the owner enjoys uncontested customary rights. World Bank OP 4.12 Matai Title holder and representative of extended family in Samoa. Pule Authority over land established by the Lands and Titles Court in Samoa. Pulenu’u Village mayor Power of choice Affected persons have the option to agree or disagree with the land acquisition or involuntary measures without adverse consequences imposed formally or informally by the state. World Bank OP4.12 Relocation A method of valuation of assets which assists in determining the amount sufficient to replace lost assets and cover transaction costs. World Bank OP 4.12 Replacement A method of valuation of assets that helps to determine the amount sufficient cost to replace lost assets and cover transaction costs. Depreciation of structures and assets to be replaced is not taken into account to determine the compensation amount necessary to meet full replacement cost. Applies to urban or agricultural land, structures and fixed assets. World Bank OP 4.12 Right of way An easement entitling the owner of a dominant tenement, or in the case of an (ROW) easement in gross, the person entitled to the easement to pass and repass over the servient tenement. Survey Ordinance Act 1961 No. 12 (GoS) River protection The distance of five (5) metres from the top of the river banks. Survey Act 2010 reserve (GoS) Road reserve The width of a public road verge encompassing the road pavement and road shoulder Sa’o The head Matai in the extended family, by virtue of the rank of his/her title Servient Land over which there is an easement Survey Act 2010 (GoS) tenement Sui o le Malo Generally refers to the appointed woman representative of the Village for Government liaison purposes Sui o le Nuu Village mayor Tautua Service provided by an individual to family, village or country in Samoa. Voluntary Land Registered landowner (or community for communal/customary land) agrees to Donation or provide land or property for project-related activities. Voluntary contribution is Contribution an act of informed consent made with the prior knowledge of other options available and their consequences, including the right not to contribute or transfer the land. It must be obtained without undue coercion or duress, and may still require the compensation for assets on the land (but excludes compensation for land). World Bank OP4.12 Page 7 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 “Displaced persons,” under OP 4.12, refers to all the people who are affected by (a) involuntary acquisition of land and (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Abbreviations: Abbreviations Description AP Affected Person(s)/Affected Party(ies) ARAP Abbreviated Resettlement Action Plan CEP Contractor’s Environmental Plan CPM Contractor’s Project Manager CRWCR Enhancing the Climate Resilience of West Coast Road DC Development Consent DCA Development Consent Application EAR Environmental Assessment Report EIA Environmental Impact Assessment ECOP Environmental Code of Practice for West Coast Road ESMF Environmental and Social Management Framework ESMP Environment and Social Management Plan ET Environmental Team GRM Grievance Redress Mechanism GOS Government of Samoa IDA International Development Association IPA Isikuki Punivalu & Associates Limited LARAP Land Acquisition and Resettlement Action Plan LARF Land Acquisition and Resettlement Framework LTA Land Transport Authority MNRE-LMD Ministry of Natural Resources and Environment - Land Management Division MNRE Ministry of Natural Resources and Environment MWCSD Ministry of Women, Community and Social Development MWTI Ministry of Works, Transport and Infrastructure PCM Project Component Manager PEAR Preliminary Environmental Assessment Report PPCR Pilot Programme for Climate Resilience PSC Project Supervising Consultant PSE Project Supervising Engineer MNRE-PUMA Planning and Urban Management Agency PUM Act Planning and Urban Management Act 2004 PUM Regs. Planning and Urban Management (Environmental Impact Assessment) Regulations 2007 ROW Right Of Way RP Resettlement Plan SE Site Engineer SEO Workplace Safety and Environmental Officer SES Workplace Safety and Environmental Supervisor TMP Traffic Management Plan TOR Terms of Reference WB World Bank WCR West Coast Road Page 8 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Page 9 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 1. Introduction 1.1 Background The Enhancing the Climate Resilience of the West Coast Road Project (CRWCR) is being implemented by the Government of Samoa (GOS) with support from the World Bank, through a grant from the Strategic Climate Fund (SCF). The overall project development objectives are to (i) improve the climate resilience of the West Coast Road (WCR), and (ii) enhance local capacity to develop a more climate resilient road network. These development objectives support Samoa’s national development strategy specific to the transport sector, with a vision of ‘sustainable, safe, secure and environmentally responsible transport network that supports Samoa’s economic and social development and contributes to improving the quality of life for all Samoans’. This is achieved, in part, through improving design and management practices in consideration of environmental and socio-economic factors based on plans developed in consultation with communities and key stakeholders. The planning instruments and processes involved include an Environmental Assessment Report (EAR), an Environment and Social Management Plan (ESMP), and an abbreviated resettlement action plan (ARAP) – all of which are based on the Project’s approved Environmental and Social Management Framework (ESMF) and Land Acquisition Resettlement Framework (LARF) – the latter where land acquisition and other impacts associated with livelihoods are concerned. This specific document is the Abbreviated Resettlement Action Plan (ARAP) addressing land resettlement impacts to comply with Samoa’s laws and regulation (especially the Taking of Lands Act 1964) and the WBOP/BP 4.12 Involuntary Resettlement. The initial social impacts screening and categorisation concluded that minimum permanent land taking will be required, with no physical displacement of people and limited losses of crops and other non-land assets. 1.2 Choice of Plan The choice of instruments for addressing impacts associated with OP/BP 4.12 is dependent on the severity of impacts, usually measured by the number of people displaced. The general rule of thumb is if more than 200 people are displaced, then a detailed Land Acquisition and Resettlement Plan (LARP) is required. Less than 200, the appropriate safeguards instrument is an Abbreviated Resettlement Action Plan (ARAP). For this Project, the level of resettlement impacts is significantly less than the threshold for the LARP hence the ARAP. Page 10 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Figure 1.1: WCR Locality Map West Coast Road WEST COAST ROAD 1.3 Samoan Context as outlined in the WCR LARF Samoa has an estimated population of 187,820 as of 2011 Census, living in about 362 villages largely found along the coast of the two main Islands including the Northern coast of Upolu Island where the WCR is situated (see Map 1.1 above). The traditional social fabric of Samoan society with social structures and cultural institutions are very strong which is based on an aiga potopoto (extended family) system. Every aiga potopoto is headed by a head matai or Sa’o (holder of traditional title) who is responsible for family affairs, particularly in relation to land and titles. There are normally several matai in an extended family but there is one (and on the rare occasion two or more) head matai or Sa’o by virtue of the status of the chiefly title he/she holds. The extended family or aiga potopoto comprises several households or aiga patino of nuclear families of couples and their children who are part of the extended family but live in their own house, cultivate their own crops on extended family land and operate independently on a day-to-day basis. The aiga patino have shared responsibilities towards the extended family or aiga potopoto with respect to matters such Page 11 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 as funeral, weddings, family gathering and feasts, and in some cases, church obligations. Many extended families make up a village community. Every village has a fono (council) that maintains law and order, provides direction for village development including land use. The Fono usually meets monthly, and consists of all the matai in the village. Every village has a pulenu’u (village mayor) who is the contact person and the conduit of information between the Fono and the Government, and a Sui o le Malo, a woman representative. Samoa comprises two large islands, Upolu and Savai’i, two smaller inhabited islands, Manono and Apolima, and a number of smaller islands. These islands cover a total area of 2,800 km². Of the country’s total land area, 81 percent is held under customary ownership, 15 percent by government and 4 percent by freehold. While customary tenure guarantees ownership rights to all Samoans, it is often very difficult for development purposes to get agreement from all the different parties involved at any one time. Whenever customary land is affected by any form of development, disputes will invariably arise and cause delays to development projects, sometimes extended for certain periods of time. While the knowledge of customary land boundaries are handed down by word of mouth and are known to family members, the pule (authority) is often uncertain or disputed. The main feature of land tenure is the significant percentage of communally owned land by villages and aiga. These lands are awarded through historic claims and by family genealogy and connections. Village lands comprises of (i) village controlled customary land which is normally the undeveloped hinterland that is used by all members of the village for hunting, firewood collecting, etc and (ii) extended family land or land allocated to each extended family for their houses, crops etc. Village land is governed by the Village Fono. Extended family land is allocated by the Sa’o in consultation with members of his extended family. 1.4 Objectives and Key Principles of the ARAP – WB OP/BP 4.12 The WCR LARF integrates the requirements for involuntary resettlement and compensation for - land taking for public purposes set out in Samoa’s relevant laws and regulation, and the World Bank’s OP/BP Safeguards Policy 4.12 on Involuntary Resettlement. An important agreement underpinning the LARF is that where differences between the two are irreconcilable, the WB policy requirements shall prevail. 1.4.1 Objectives The World Bank’s OP 4.12 on Involuntary Resettlement aims to achieve the following objectives: • Avoid or minimize involuntary resettlement where feasible; • Assist affected persons in improving their former living standards, earning capacity and production levels or at least restoring them; • Encourage community in planning and implementing resettlement; and • Provide assistance to affected people regardless of the legality of title of land. 1.4.2 Principles OP/BP 4.12 establishes the key principles to be followed in resettlement planning and implementation. Of particular relevance for the WCR LARF and the ARAP are the following: • Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. • Wherever possible, project design and this ARAP should be conceived as sustainable development programs, so that affected persons may benefit from the services and facilities created for, or by, project activities. Page 12 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 • All affected persons are provided prompt and effective compensation at full replacement cost for losses of assets (e.g., land, trees, crops) attributable directly to the project (without depreciation or deduction for tax arrears, licensing or registration fees, or for any other purpose). • Affected persons without a recognizable legal claim or right to the land they are occupying are provided with compensation for loss of assets, other land and resettlement assistance (example, cash, employment, etc.). • Methods by which displaced persons can pursue grievances will be established as necessary, and information regarding these grievance procedures will be provided to displaced persons. 2. Project Description Samoa's road network is of critical importance to the country's economic development. It provides for the day-to-day well-being of its people by increasing their access to economic activities and social services. Approximately 70 percent of Samoa's population lives within one kilometre of the coast, and critical infrastructure, such as hospitals, schools, places of employment, tourist infrastructure, port facilities, power plants, airports, and roads, is located primarily in the coastal zone. Accordingly, expected climate change effects from the combination of rising sea level and more intense tropical cyclones, place these coastal infrastructure and communities at high risk. The Samoa road network faces a range of vulnerability issues, in particular: (i) coastal exposure to sea-level rise, storm surge, wave action during cyclones and tsunamis; (ii) inland flooding and landslips during extreme rainfall events; (iii) damage from earthquakes; and (iv) accelerated pavement deterioration due to extreme weather and rising water tables in some locations. 2.1 Climate Resilience of the West Coast Road Funding and implementation of the WCR will be in two separate Packages involving two different projects. Package 1 extends from the village of Saina to Malua for a total distance of 12.5km and will be funded under CRWCR. Package 2 extends from Malua to Faleolo Airport (11.5km) and will be funded under the Samoa Climate Resilience Transport Project (SCRTP). This ARAP addresses the land acquisition and resettlement impacts associated with Package 1 from Saina to Malua. The scope of the WCR enhancements are identical for the two Contract Packages and involves the following -  raising and strengthening vulnerable sections of the WCR;  providing 3.5m sealed carriageway on both sides of the existing road centreline, plus sealed 1.5m shoulders on both sides;  improving longitudinal and cross drainage;  improving coastal protection measures (e.g. revetment and vegetated scour protection); and  facilitating and accommodating the relocation and provision of utility services. These investments will serve to: (i) reduce road closures during extreme weather events and high sea levels; (ii) reduce surface flooding and impounding of water, which contributes to road deterioration and adversely impacts roadside communities; (iii) reduce road deterioration due to runoff and increasingly high water tables, and generally improve pavement quality to reduce future maintenance requirements; (iv) contribute to increased road safety by providing marked sealed shoulders for pedestrians and dedicated bus stops and road signage; and (v) location/relocation of underground service lines away from the sealed road pavement, dedicated road crossing trench for services, power poles at a safe distance away (clear zone) from the road carriageway, all help with improving road safety, reduce road closures, and reduce road deterioration. Page 13 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 It is planned that all road reconstruction works are to take place within the existing 20m road reserve, except for one realignment section impacting on seven landowners. Also there will be access into roadside properties for the creation of drainage easements and associated works as required. There are some non-movable objects within the road reserve that need to be cleared. 2.2 Household Socio-economic Characteristics The salient socio-economic characteristics of the households affected by the project are provided in detail in the Social Beneficiary Survey, 2015. These include household size and composition, age, gender and education of the household head, household asset endowment and household income and income sources. In addition, information on quality of life indicators: food security, condition of the main house, water and sanitation and sources of cooking and lighting energy is provided. Further, access to infrastructural facilities and agricultural productive services are also explored. Table 1 provides a summary of the household socio-economic characteristics with the full information available in the relevant sections of the Social Beneficiary Survey attached in Annex 4. Table 1: WCR Household Socio-economic Characteristics WEST COAST ROAD HOUSEHOLD INFORMATION – Social Beneficiary Survey, 2015 Land 73% Customary, 15% Freehold, remaining assumed Government and Church land Gender 72% Female from ‘survey population’, remaining assumed male Population Age 48% over 51yrs, remaining assumed less than 51 yrs Employment 43% Non-economically active, 12% employees, 8% self-employed, 1% subsistence, 1% unemployed Education 80% Secondary, 14% Tertiary, 5% Primary Children 41% with 1-3 children, 34% with 4-6 children, 12% with 7-10 children, 4% have 11+ children, 6% have no children. Dependents 36% have 4-6 dependents, 27% have 7-10, 23% have 1-3, 13% have 11+ Household sizes 39% have 7-10, 28% have 4-6, 25% have 11+ Secondary school 51% have 1-3 secondary school-aged children, 26% have 4-6, 5% have 7-10, aged-children 3% have 11+, 14% have none WCR Tenure 81% have always lived in the area, 2% from overseas, 1% from Savaii, 1% from other places in Upolu, 1 % from Urban Apia, 5% from N/West Upolu Distance from 80% less than 50m paces, 16% located between 50-100 paces, 2% over 100 WCR paces Monthly income 20% with $1000+, 5% within range $751-$900, 3% range $601-$750, 12% range $451-$600, 29% below $450 Disabled residents 19 families had disabled members Income 43% from salaries, 20% from stores/taxi business, 22% rely on other family members, 9% from road side stalls, 5% from produce sold at the markets Expenditure 94% for food, 65% for power and electricity, 58% for family, village and church obligations, 28% for education, 26% for transport, 14% for water, 4% for clothing, 4% for other, 3% for health care, 1% for house Initial Activities to prepare the ARAP The following provide the sequencing of activities that lead up to the preparation and compilation of the ARAP document: • June 2015: Preliminary Designs for CRWCR prepared; • June 2015: Updated EMP (BECA 2003) – based on preliminary design, the EAR and the ECOP; Page 14 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 • June 2015: Cadastral issues identified – conflict between data provided by MNRE and survey done; • August 2015: Revised EMP – taking into consideration comments from LTA/WB and Preliminary design; • October 2015: Survey check on Cadastral boundaries – LTA carried out limited check; • December 2015: Provisional Detailed Design – based on 20m ROW as advised by LTA; and • January 2015: Provisional ARAP document – the finalised details for the Easements and the targeted APs consultation for assets on the 20m road reserve to be carried out during the compensation and disclosure process and prior to construction activities after the Contractor(s) have pegged out for land clearing in preparation for earthworks. • January 16, 2018 – inventory of losses (IOL) for land taken and or affected; • March 9 and 16, 2018 – inventory of losses (IOL) for easements • December 2017 – March 2018 – review, updating and finalization of ARAP 3. Legal, Policy and Regulatory Context This ARAP is prepared and will be implemented in accordance with the approved WCR Resettlement/Land Acquisition Policy Framework (LARF) which follows the relevant law and regulations of the Government of Samoa and the World Bank’s Operational Policy (O.P 4.12) on Involuntary Resettlement. 3.1 Applicable GoS Policy and Legal Framework The applicable laws, regulations and guidelines of Samoa are presented in Table 2. Table 2: Relevant Laws and Policies Related to Resettlement Name of Act Application/Remarks The Constitution As the Supreme law of the land, states that ‘no property shall be taken possession of compulsorily and no right over interest in any property shall be acquired compulsorily’ (Clause 14). The Constitution does however allow for compulsory acquisition for public purposes and the following provisions apply:  Payment within a reasonable time of adequate compensation;  Right of access to the Supreme Court regarding the amount of compensation; and  Right of appeal to the Supreme Court The GOS has limited power of eminent domain, which is the power of the government to take private property and convert it for public purpose. Property Law Act 1952 Deals with easements and provides for easements in gross (s122)8; power of the courts to modify or extinguish easements (s127); and permission for the court to impose easement for encroachment (s129). Taking of Land Act Establishes the taking of lands for ‘public purposes’ (i.e. alienation of 1964 freehold or customary land). Once land is identified for acquisition reasonable notice (e.g. one month) is required to be given to the owner or occupier of freehold land or the matai who has the pule over customary land. Public notice of 28 days is allowed for any objections. If no written objection is received, the Minister may then proceed to take the land by Proclamation. This Act briefly refers to easements, where a proclamation is the basis for acquiring an easement. It also provides for Page 15 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 compensation entitlements (s11, 25, 37) Land Titles Registration Regulates the property title registration system and rules for land Act 2008 and transactions. Part 9 details easements and deed of restriction due to regulations (LTRA) easements, and Part 13 outlines compensation by government. The terms in the LTRA provide for the rights and responsibilities of the dominant and servient tenements. This Act does not apply to customary land and only deals with private easements on freehold land Survey Act 2010 and Requires existing and proposed easements (either easements in gross, or regulations dominant or servient tenement) to be clearly shown on a survey plan (s19, 24). Alienation of By lease of the land to a person determined by the matai of the family. Customary Land Act The Minister of Lands is appointed by the Alienation of Customary Land 1965 Act 1965 to act for and on behalf of all beneficial owners in signing a lease for registration. The Alienation of Customary Lands Act 1965 does not permit the creation of easements over customary land, but provides provisions for the granting of leases and licences. Land Transport (a) regulate and control all or any means of land transport in accordance Authority Act 2007 with any Act under which it exercises authority, and any regulations made under this Act; (b) do all acts, matters and things as it considers necessary, expedient or desirable for discharging its functions relating to planning, designing, supervising, constructing and maintaining national roads and land transport infrastructure throughout Samoa; (c) take such steps and to do all such acts, matters, and things as it considers necessary, expedient or desirable for discharging its functions relating to road use management in Samoa. The Lands, Surveys and Includes the process for the alienation of Government land. Government Environment Act 1989. land is a subclass of public land which is not set aside for any public purpose and includes land which has become the property of the Government as ownerless property. There are a variety of controls under this Act on both leases and sales of Government land. Applications from the public are called for leases and tenders may be called for sales. Leases have to be in the approved form and subject to the covenants and conditions imposed by the Land Board not exceeding 20 years. In Samoa, land within three meters of a natural watercourse is public land over whose property it flows and maintenance of the watercourse is therefore the responsibility of the government. Land Valuation Act To regulate the practice of land valuations by the registration and 2010, and licensing of qualified land valuers’ and the prescription of requirements for land valuations and the application of a formula valuation system, and for related purposes Samoa Code of The authority for COEP is given in the Planning and Urban Management Environmental Practice Act 2004 (PUM ACT). Section 46(e) allows the Planning and Urban 2007 Management Agency (PUMA), when assessing a development application, to consider: “Any strategic plan, policy statement, development standards, guideline, or the like, which has been adopted by a public authority;” Section 9(b)(iv) of the PUM Act allows the PUM Board to meet its objectives by: “preparing and approving Planning Provisions and any requirements, development standards or guidelines provided for by this Act, or which may facilitate its implementation or advance its objectives;” Page 16 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 3.2 Applicable World Bank Safeguards Policies OP/BP 4.12 Involuntary Resettlement The overall objectives of the Bank’s policy on involuntary resettlement are the following: a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. OP/BP 4.12 covers direct economic and social impacts that both result from Bank assisted investment projects, and area caused by: (a) The involuntary taking of land resulting in the (i) relocation or loss of shelter; (ii) lost of assets or access to assets, or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location or (b) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. This policy applies to all components of the Project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgement of the Bank, are (a) directly and significantly related to the Bank- assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out contemporaneously with the project. 4. Scope of Resettlement Impacts A total of 28 households will be affected by land acquisition or land clearing for the project. The impacts are caused by road realignment, widening of the existing road reserve to 20m in some sections, clearing of the existing road reserve, and clearing of land for the drainage easements. A summary of the impacts is set out below. Project Feature Nature of Impacts Affected Households Road realignment Land acquisition, trees, crops, 7 secondary structures Clearing road reserve Productive trees, crops and moving 1 back of non-land assets (hedges, fences, etc) Drainage easements Trees, crops, secondary structures 20 Total Affected 28 Households 4.1 Types of Project Affected Persons (PAP’s)/Beneficiaries Page 17 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Twenty seven (27) land lots including easements are confirmed by the MNRE Land/Asset Valuation report to be affected by WCR – Package 1 following cadastral survey of the finalized road alignment. Two types of PAP’s are identified, (i) Those with legal rights of ownership to the land a. Customary landowners – 23 customary landowners are recognized and confirmed as having legal rights to the affected land. They are traditional chiefs or sa’o of their respective extended families and hold the pule (authority) over the land on behalf of their extended families; b. Private landowners – 4 individuals and private organizations have formal rights of ownership to the affected land. (ii) Land users without legally recognized rights to the affected land a. Those with crops and non-movable property within the road reserve. b. Several households on customary lands have traditional rights to occupy the land but not ownership rights, which are vested in the extended family sa’o. These occupiers have rights to the crops and structures/houses they plant or build, and will be compensated for such should they be adversely affected. The list of landowners and other ‘beneficiaries’ is provided in the Entitlement Matrix in Section 12. 4.2 Eligibility Criteria for Compensation and other Resettlement Assistance Compensation and other resettlement assistance to be provided will be guided by the following criteria, as set out in the LARF: Table 3 – Criteria for assessing type of compensation Criteria for assessing type of compensation Type of compensation a. PAPs losing more than 10% or all of their Full compensation at replacement cost of the productive assets (agricultural land, house or entire asset or at direct land/ asset replacement; business) or in cases when the remaining and Rehabilitation assistance that allows them assets are not economically viable are to enhance or at least maintain their standard of entitled to: living. c. PAPs losing less than 10% of their productive Cash compensation at replacement cost for the assets and where the remaining assets affected asset. remain viable for continued use. 56. Specific arrangements for compensation are as follows: a. Agricultural land will be replaced by: • Land of equal market value or business potential which is acceptable to the PAP or • Full financial compensation at replacement cost where land is not available. b. Commercial, residential or other real property will be replaced by: • Land of equal market value or business potential (as the case may be) which is acceptable to the PAP; or Page 18 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 • Full compensation at current market value, where suitable replacement land is not available or at the informed request of the PAP. • Replacement of damaged or lost crops will be based on full market value for one year and will be paid in cash. • Temporary acquisition of land will be compensated for at full replacement cost for their net loss of income and/or damaged assets, including a reasonable amount for the opportunity cost/s. • Appropriate transfer and subsistence allowances will be given during the transition phase as part of the rehabilitation assistance package to allow PAPs to enhance or at least maintain their standards of living. c. Replacement of damaged or lost crops and productive trees will be based on full market value for one year and will be paid in cash. d. Loss of Income/Business - Cash compensation for the loss of income and opportunity during the transition period; costs in money value in case of delays of one year or more in releasing payment. e. Other non-land assets including buildings, fences, septic tanks, etc. - Non-land assets will be replaced/reinstated to pre-project conditions or better. 4.3 Description of land to be acquired for WCR-Package 1 The following table presents the confirmed land to be taken for WCR-Package 1 (Saina – Malua) according to the MNRE Land/Asset Valuation Report for the project. This table includes 7 affected land lots (5 are customary owned and 2 private or freehold); it does not include the 20 easements. Table 4: Land Permanently Acquired for WCR Package 1 Area Land Lot Plan Affected Registered Ownership Locality Number1 Number m2 1 11926 14 Methodist Overseas Mission Trust Faleula Association 1 11927 53 Michael Scanlan Faleula 2 11927 110 Customary Ownership Faleula 3 11927 3 Customary ownership Faleula 1 11928 24 Customary ownership Malie 1 11929 72 Customary ownership Malie 1 11930 45 Customary ownership Levi Saleimoa Total Area (m2) 321 4.4 Types of losses, compensation measures and rates Land 1 Land Lot Numbers are numbers used by MNRE for land recording purposes and is not related to the Lots 1 and 2 referred to in the contracting of the civil works. Page 19 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Land acquired is either (i) donated voluntarily by landowners without compensation or (ii) acquired voluntarily with in-kind compensation i.e. land exchange or (iii) acquired voluntarily or involuntarily with fair financial compensation based on a valuation mutually agreed to reflecting current market values. In WCR Package 1(Saina-Malua), there are no voluntary land donations. All acquired l land will be compensated financially based on valuation prepared by MNRE and consented to by affected landowners, in accordance with the principles set out in the LARF. Non-land assets including crops Compensation for non-land assets is assessed by LTA. For crops, financial compensation is based on rates for crops reviewed and approved in 2016 for the WB Vaitele Road Project Phase 1. Valuation rates for crops and trees are given in Annex 6. Hedges, fences and rock walls most of which were within the road reserve will be pushed back, and will be reinstated outside the road reserve to pre-project conditions or better. Similarly, one outdoor shower/toilet facility and two (2) septic tanks will be reinstated fully to pre-project condition or better. Table 5: Categories of Affected Assets, Compensation Measures and Compensation Rates Land Use Type of Loss Nature of Compensation Measure Rate of compensation Impact 2 Involuntary Permanent Compensation based on $200.00/m acquisition current market value using comparative pricing with freehold land prices Compensation based on Refer to Schedule of MAF / LTA schedule of rates for Crops in Annex Payment for Crops damage 6. for the current year, . reflecting market prices. Agriculture or Rock fences – to be Reinstatement to pre- productive land on reinstated. project condition or customary and or Loss of non-land better; private land assets and food Permanent / crops (including Temporary Green / ornamental hedges Reinstatement to pre- fruit trees) – to be reinstated project conditions or higher. Driveways – to be Reinstatement to pre- reinstated project condition or better Transitional allowances for Not applicable livelihood losses Crops – cash compensation Refer to Schedule of Loss of crops Temporary based on approved rates for Crops in Annex LTA/MAF rates 6. Easements Permanent / Outdoor toilet/shower Reinstatement to new Loss of non-land temporary facilities, septic tanks; rock locations to pre-project assets fences; barbed wire fences; conditions or better. - to be reinstated Permanent / Rock fences, green / Reinstatement to pre- Loss of non- Temporary ornamental hedges, project conditions; Non-land assets within movable assets and driveways. road reserve food crops Compensation at Crops and productive trees. replacement cost Page 20 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Moving assistance Not applicable Sites occupied temporarily As required; full by civil works contractor reinstatement to pre- project conditions or Impacts during Other resettlement Permanent / other arrangements as construction impacts/assistance temporary agreed between civil works contractor to make separate affected families. Employment opportunities Subject to availability for PAPs 4.5 Inventory of Losses (land and non-land assets) The Inventory of Losses (IOL) was carried out on land to be taken within the confirmed road alignment (including road reserve) on 7 December 2017, by representatives of MNRE, LTA and the contractor surveyor. A subsequent IOL was conducted on the 9th March 2018 for land affected by drainage easements. For both IOLs, affected household representatives were consulted on site to validate/confirm current owners of land, crops and other non-land assets. The consultant surveyor also assisted in some cases to locate boundary markers. The main features of the IOL are : (i) no homes/houses will be demolished or relocated; (ii) 321 m2 of land will be taken permanently from 7 affected land lots – 5 are customary owned and 2 private or freehold; the identities of some customary landowners are yet to be confirmed and MNRE are in the process of confirming these. (iii) 20 easements for drainage purposes will be established affecting 20 landowners. Formal agreements with affected landowners have been negotiated and signed where land ownership rights remain with landowners, but with terms for restricted usage agreed to; (iv) crops will be lost on 16 of the 20 lots for easements; and (v) two lots have non-land assets (outdoor shower/toilet block and 2 septic tanks) that will be reinstated by the Project. Page 21 Table 6: Inventory of Losses (Crops, and other non-land assets) for WCR Package 1 - Easements and Road Reserve Inventory of Losses (Crops and other non-land assets) for WCR Lot 1 Beneficiary Other non-land assets Giant Taro Breadfruit Pineapple Pandanus Bananas Poumuli Coconut Soursop Cassava Laupele Village Orange Mango Lemon Guava & shower toilet Outdoor Septic tanks fences (m) concrete Stone / hedges (m) Green Beans Nonu Talie Taro Esi Levi Tulaga Foe - 2 1 - - - 8 - - - - - - - - - - - - - - - Saleimoa Levi Failalo Paulo - - 1 - - - - - - 1 - - - - - - - 3 - - - - Saleimoa Levi Customary - 3 - - - - - - - - - - - - - - - - - - - - - Saleimoa ownership (11930) Tuanai Gatoaitele Taeipo - 1 - - - 1 - - 16 - - - - - - - - - 1 - - - - Aiolupotea Afega Elevise Iese - - - - - - - - - - - - - - - - - - - 1 1 - - Malie Salilo Satini 15 1 1 - - - - - - - - 1 1 - - - - - - - - - - Malie Faalagilagi Leupolu 5 - - - - - - - - - - - - - - - - - - - - - - Malie Tele’a Galuvao - - - - - - - - - - - - - - - - - - - - - - - Malie Seiuli Alualu - - - - - - - - - - - - - - - - - - - - - - - Malie Tagaloa Ieti - - - - - - - - - - - - - - - - - - - - - - - Malie CCJS (EFIS) - - - - - - - - - - - - - - - - - - - - - - - Malie Customary 7 - - - 1 - - - - - - - 1 - - - - - - - - - ownership (11928) Malie Customary 1 - - - - - - 1 - - - - - - - - - - - - - - ownership (11929) Faleula Lance Muliagatele 7 5 - - - - - 2 - - - 2 - 2 - - - - - - - - Page 22 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Faleula Tuilimu Vaitofiga - - - - - - - - - - - - - - - - - - - - Faleula Catholic Church - - - - - - 6 5 - - - - - 5 1 4 - 6 - - Faleula Methodist Church 1 - - - - - 1 - - - - - - - - - - - - - - - Faleula Methodist 2 - - - - - - - - - - - - - - - - - - - - - Methodist Overseas - - - - - - - - - - - - - - - - - - - Faleula Mission Trust - - (11926) Michael Scanlan - - - - - - - - - - - - - - - - - - - 40 Faleula - - (11927) Customary 50 30 Faleula ownership (11927) Customary 20 Faleula ownership (11927) - 7 - 2 1 - - - - - - - - - - - - - Puipa’a Herman Retzlaff 1 - Puipa’a Filisounu’u Ioelu 10 1 1 - - - 2 - 18 2 - - - 8 - - - - - - - Puipa’a Ulu Elia Ulu Mose - - 1 - - - - 10 - - - - - - - - - 1 4 - - Puipa’a Tualafo Tagaloa Leui 15 2 - - - - - - 5 - - - - - - - 5 - 1 - - Toamua Leatogie Anoai - - - - - - - - - - - - - - - - - - - - - Bedebone- Toamua Tupu McGraff - - - - 1 - - - - - - - - - - - - - - - Totals 47 12 5 2 2 2 16 17 39 2 1 1 3 8 7 1 9 1 15 1 2 90 30 Page 23 4.6 Cut-Off Date for IOL Assessment The Cut-off date for the inventorying and calculation of losses and entitlements including compensation for road and road reserve was 7 December 2017. This date coincides with the pegging of the approved road alignment and confirmation of the road reserve by the Contract surveyor. On this date, all affected non-land assets were inventoried by a joint team of MNRE and LTA. The Cut-off date for IOL for easement lands was the 9th March 2018. Any other non-land asset claimed by affected people within the construction corridor/reserve subsequent to the two dates is not eligible and will be removed during the construction phase without compensation. 4.7 Methodology for Valuation The determination of compensation and other resettlement assistance to be provided is based on the principle of replacement cost at current market values as set out in the LARF. The specific losses incurred are of land, crops, forest trees, green hedges, rock/concrete fences, outdoor toilet/shower facility, and two septic tanks. Land measurements and valuation is the responsibility of MNRE. MNRE’s Land/Asset Valuation Report 2018 for this project provide the land measurements and valuations used in this ARAP. The MNRE Land and Asset Valuation 2018 report is appended. 4.7.1 Land: According to the MNRE report, land valuation is based on – (i) Current market value using the Sales Comparison Approach; (ii) The affected lots are valued according to its current use and status with the total amount of compensation payable to be the current market value; (iii) The valuation does not take into account the following values – a. Assessment of crops and other plants b. Loss resulting from damage to infrastructure c. Loss of business goodwill and profits For the WCR, a land valuation of SAT$200 per square meter is used in the calculation of cash compensation. 4.7.2 Easement for drainage: The ownership of lands set aside for drainage easements will not be ceded to the Government, and will remain with affected landowners. However formal agreements with affected landowners have been negotiated and signed with LTA, with easements already surveyed, mapped and marked on the ground. The agreements provide for the use of land for drainage purposes without compensation, the cash compensation of crops and other non-land assets affected during the laying of underground easement pipes, and for restricted future use of easement lands to ensure their effective functioning and unimpeded access by LTA for maintenance purposes. 4.7.3 Crops: Page 24 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Inventory of Crops and other Non-land assets is LTA’s responsibility, with the assistance of contracted surveyors in the pegging of affected lands. For the CRWCR Project, rates prepared and approved by LTA and WB for the WB funded 2015/2016 Vaitele Street Road Widening Project is used. Crops rates for compensation are set out in Annex 6. 4.7.4 Other non-land assets: Other non-land assets refer to rock/stone fences, an outdoor shower/toilet block and two septic tanks. Consultations with AP’s agreed that these will be reinstated by the Project in lieu of financial compensation, to pre-project conditions or better. The inventory and survey results were disclosed to the affected families in parallel with the surveys conducted on December 2017 and March, 2018. The survey results confirmed the following: (i) None of the 27 affected landowners will lose more than 10% of their productive assets as a result of the Project with their remaining assets still viable for continued use. Consequently, consistent with the LARF’s valuation guidelines, cash compensation at current market prices is the appropriate resettlement measure. (ii) Names of rightful beneficiaries for some customary owned lots are being confirmed by MNRE. Where rightful beneficiaries are yet to be confirmed by MNRE, compensation funds owed will be deposited in an escrow account and will be paid once beneficiaries names are confirmed. (iii) There are no losses in terms of access to communally shared resources (e.g. fishing areas, drinking water springs etc.) or livelihood sources. (iv) There are no legally designated protected areas affected or in close proximity, impacts associated with public access to legally protected areas are not relevant to this Project. Page 25 5. Compensation / Entitlement Packages Table 7 below comprises the Compensation / Entitlement Packages for all confirmed beneficiaries (landowners, other legal occupiers and owners of lost crops and other assets). This is based on the Entitlement matrix presented in Section 4.5, land valuation rate ($200/m2) confirmed by MNRE, and confirmed rates for crops and trees in Annex 6. Table 7 - Matrix 1 – Compensation Package for Land taken permanently Land and Non-land assets including crops Stone fences (m) Cash Concrete fences Forest (talie) Breadfruits (sasalapa) Coconuts Lot Plan Registered Ownership Compensation Bananas Soursop Land m2 Lemons Hedges trees2 Locality (m) No. No. / Beneficiary per Beneficiary (Samoan $) Methodist Overseas 14 - - - - - - - - - 1 11926 Faleula $3,000 - - - - - - - - - 3,000 Mission Trust 53 - - - - - 40 - - - 1 11927 Michael Scanlan Faleula $11,600 - - - - - TbR - - - 11,600 110 - - - - 30 50 - - - 2 11927 Customary ownership Faleula $22,000 - - - - TbR TbR - - - 22,000 3 - 2 - - - - - - - 0 3 11927 Customary ownership Faleula $1,000 - 2 - - - - - - - 1,260 6 0 24 - - 7 1 - - 1 - - 1 11928 Customary ownership Malie $5,000 - - 140 5 - - 20 - - 5,165 2 Talie tree; TbR = To be Reinstated (no cash compensation) Page 26 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 72 - - 1 - - - - - 1 1 11929 Customary ownership Malie $14,400 - - 20 - - - - - 50 14,470 45 - - 3 - - - - - - 1 11930 Customary ownership Levi, Saleimoa $9,000 - - 60 - - - - - - 9,060 Compensation Rate per m2 of land or 200 100 13 20 5 - - 20 - 50 per crop type (S$) Total Cash Compensation $63,875 Table 8: MATRIX 2: Compensation Package for lands taken for Easements and Reserve (for Crops and other non-land assets) CROPS AFFECTED Bananas Breadfruit Mango Esi Guava Lemon Pineapple Pandanus Giant Taro Taro Talie Beans Poumuli Laupele Cassava Soursop Nonu Orange Coconut Value Village Beneficiaries (Samoan $) Levi - 2 1 - - - 8 - - - - - - - - - - - Saleimoa Tulaga Foe 0 40 20 0 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 $100.00 Levi - - 1 - - - - - - 1 - - - - - - - 3 Saleimoa Failalo Paulo 0 0 20 - - - - - - - 50 - - - - - - - 300 $370.00 Tuanai Gatoaitele - 1 - - - 1 - - 16 - - - - - - - - 1 Taeipo - 20 - - - 5 - - 64 - - - - - - - - - 100 $189.00 Aiolupotea Afega - - - - - - - - - - - - - - - - - - Elevise Iese - - - - - - - - - - - - - - - - - - - $0.00 Malie 15 1 1 - - - - - - - 1 1 - - - - - - Salilo Satini 195 20 20 - - - - - - - - 3 20 - - - - - - $258.00 Malie 5 - - - - - - - - - - - - - - - - - Faalagilagi Leupolu 65 - - - - - - - - - - - - - - - - - - $65.00 Malie Tele’a Galuvao - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $0.00 Malie Seiuli Alualu - - - - - - - - - - - - - - - - - - Page 27 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 - - - - - - - - - - - - - - - - - - - $0.00 Malie - - Tagaloa Ieti - - - - - - - - - - - - - - - - - - - $0.00 Malie CCJS (EFIS) - - - - - - - - - - - - - - - - - - - $0.00 Faleula Lance 7 5 - - - - - 2 - - - 2 - 2 - - - - Muliagatele 91 100 - - - - - 40 - - - - 40 - 40 - - - - $311.00 Faleula - - - - - - - - - - - - - - - - - - Tuilimu Vaitofiga - - - - - - - - - - - - - - - - - - - $0.00 Faleula - - - - - - 6 5 - - - - - 5 1 4 - 6 Catholic Church - - - - - - 30 100 - - - - - - 100 20 80 - 600 $930.00 Faleula Methodist - - - - - 1 - - - - - - - - - - - - - Church 1 - - - - - 5 - - - - - - - - - - - - - $5.00 Faleula - - - - - - - - - - - - - - - - - - - Methodist 2 - - - - - - - - - - - - - - - - - - - $0.00 Puipa’a - 7 - 2 1 - - - - - - - - - - - - - Herman Retzlaff - 140 - 40 5 - - - - - - - - - - - - - - $185.00 Puipa’a 10 1 1 - - - 2 - 18 2 - - - 8 - - - - - Filisounu’u Ioelu 130 20 20 - - - 10 - 72 6 - - - 24 - - - - - $282.00 Puipa’a Ulu Elia Ulu - - 1 - - - - 10 - - - - - - - - - 1 4 Mose - - 20 - - - - 200 - - - - - - - - - 5 400 $625.00 Puipa’a Tualafo Tagaloa 15 2 - - - - - - 5 - - - - - - - 5 - 1 Leui 195 40 - - - - - - 20 - - - - - - - 100 - 100 $455.00 Toamua Leatogie Anoai - - - - - - - - - - - - - - - - - - - Bedebone - - - - - - - - - - - - - - - - - - - $0.00 Toamua - - - - 1 - - - - - - - - - - - - - - Tupu McGraff - - - - 5 - - - - - - - - - - - - - $5.00 Totals 52 19 5 2 2 2 16 17 39 2 1 1 3 8 7 1 9 1 15 Rate per crop type ($) 13 20 20 20 5 5 5 20 4 3 50 3 20 3 20 20 20 5 100 Cash compensation/crop 676 380 100 40 10 10 80 340 156 6 50 3 60 24 140 20 180 5 1500 $3,780.00 Page 28 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 The total budget for WCR Package 1 ARAP is WST80,187. This includes direct costs of $66,823 and 20% contingency for any unanticipated losses attributable to land acquisition and or land clearance. Table 9: SUMMARY OF ALL BENEFICIARIES AND CORRESPONDING COMPENSATION PACKAGES - CROPS / TOTAL CASH # VILLAGE BENEFICIARY LAND OTHER RESETTLEMENT MEASURES TREES COMPENSATION 1 Levi Tulaga Foe $0.00 $100.00 $100.00 Saleimoa 2 Levi Failalo Paulo $0.00 $370.00 $370.00 Saleimoa 3 Levi Customary landowner (11930) $9,000.00 $60.00 $9,060.00 Saleimoa 4 Tuanai Gatoaitele Taeipo Aiolupotea $0.00 $189.00 $0.00 5 Afega Elevise Iese $0.00 $0.00 Outdoor toilet/shower & septic tank to be $0.00 fully reinstated 6 Malie Salilo Satini $0.00 $258.00 $0.00 7 Malie Faalagilagi Leupolu $0.00 $65.00 $0.00 8 Malie Tele’a Galuvao $0.00 $0.00 $0.00 9 Malie Seiuli Alualu $0.00 $0.00 $0.00 10 Malie Tagaloa Ieti $0.00 $0.00 $0.00 11 Malie CCJS (EFIS) $0.00 $0.00 $0.00 12 Malie Customary landowner (11928) $5,000.00 $165.00 $5,165.00 13 Malie Customary landowner (11929) $14,400.00 $70.00 $14,470.00 14 Faleula Lance Muliagatele $0.00 $311.00 $311.00 15 Faleula Tuilimu Vaitofiga $0.00 $0.00 $0.00 16 Faleula Catholic Church $0.00 $930.00 $930.00 17 Faleula Methodist Church 1 $0.00 $5.00 $5.00 18 Faleula Methodist 2 $0.00 $0.00 $0.00 19 Faleula Michael Scanlan $11,600.00 $0.00 Stone / rock fence to be reinstated $11,600.00 20 Faleula $22,000.00 $0.00 Hedges and stone/rock fences to be $22,000.00 Customary ownership (11927) reinstated 21 Faleula Customary ownership (19927) $1,000.00 $260.00 $1,260.00 22 Puipa’a Herman Retzlaff $0.00 $185.00 Septic tank and piping to be fully reinstated $185.00 23 Puipa’a Filisounu’u Ioelu $0.00 $282.00 $282.00 24 Puipaa Ulu Elia Ulu Mose $0.00 $625.00 $625.00 Page 29 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 25 Puipa’a Tualafo Tagaloa Leui $0.00 $455.00 $455.00 26 Toamua Leatogie Anoai Bedebone $0.00 $0.00 $0.00 27 Toamua Tupu McGraff $0.00 $5.00 $5.00 TOTAL SAT$63,000.00 SAT$4,335.0 SAT$66,823.00 0 Contingencies (20%) 13,364 GRAND TOTAL SAT$80,187 Page 30 6. Organizational Arrangements for ARAP Implementation 6.1 Responsible Agencies (i) LTA – LTA has overall responsibility for the effective and thorough implementation of this ARAP. They are assisted by the Ministry of Natural Resources and Environment (MNRE) – Land Management Division in land valuation, and consultation with affected landowners, and ARAP disclosure. Land Transport Authority (LTA) will raise the required payment vouchers for compensation cheques working closely with MNRE and will ensure the rightful beneficiaries receive the full compensation to which they are entitled as set forth in this ARAP. LTA leads in carrying out Inventory of Losses with the assistance of MNRE-LMD, and in the valuation of crops and other non-land assets affected. LTA also ensures other resettlement assistances and measures (other than cash compensation) are delivered either by the main civil works contractor or a separate contractor, or itself. LTA also has responsibility for the proper functioning of the Grievance Redress Mechanism (GRM), for documenting and registering all complaints received and for ensuring their timely redress. LTA is also responsible for monitoring and reporting to the WB that the ARAP is fully implemented before an NOL is granted by the WB for the civil works contractor to proceed. (ii) MNRE Land Management Division This agency is responsible for land acquisition, leading consultations with affected landowners and land valuation. Working closely with LTA, MNRE-LMD will ensure fair valuation of land acquired in accordance with the approved LARF, that acquired lands are properly proclaimed, the rightful landowners and other occupiers are identified, and where land ownership is disputed, that the disputes are resolved, or otherwise refer to the Court. MNRE-LMD also ensures that an Escrow Account is created with the Ministry of Finance into which disputed compensation monies are deposited pending the confirmation of rightful beneficiaries by the Court. MNRE LMD also works closely with LTA in carrying out inventories of affected assets, and ensuring that easements are properly pegged to assist detailed management surveys or inventories of losses. MNRE-LMD also plays a critical role in the GRM, especially for grievances related to land ownership. (iii) Ministry of Finance (MOF) MOF works closely with MNRE-LMD and LTA to ensure sufficient funds are set aside for the payment of compensation. MOF process payment vouchers for compensation, ensures compensation funds are transferred into beneficiaries bank accounts without delay, or otherwise into an Escrow Account in the case of disputed ownership, pending Court confirmation of rightful beneficiaries. 6.2 Capacity Building Measures A Safeguard Consultant/Specialist procured under the Project provides advice and assistance to Roughton and LTA in the review and finalization of the ARAP and in ensuring that all the requirements for ARAP preparation and implementation as set out in the approved LARF are complied with. Within LTA, a local Safeguards Officer is recruited on a permanent basis to work closely with and be mentored by the Safeguards Consultant. This Safeguards Officer will be involved in the conducting the IOL, ARAP implementation, compliance report preparation, disclosure, and in the subsequent monitoring of the Civil Works Contractor. Page 31 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Other LTA staff and Roughton’s local subcontractors are similarly supported by the Safeguards Consultant in other areas of ARAP preparation including consultations with AP’s, clarifying WB Safeguards Policies and procedures, and implementation of inventories of losses (IOL). The LTA Safeguards Officer and Safeguards Consultant will also work closely with the Civil Works Contractor to ensure the full delivery of all non-financial resettlement measures. LTA and MNRE will work closely and collaboratively in consultations with AP’s, valuation of affected assets and in the subsequent preparation of payment vouchers to confirmed beneficiaries. MNRE Land Management Division will also play a central part in the Grievance Mechanism. 7. Grievance and Redress Mechanism/Procedures The redressing of project related grievances, in this case, those pertaining to the ownership of Project affected land and non-land assets, is envisaged to be carried out at any one or more of the following three different levels – 1. traditional redress mechanisms within the extended family and the village Fono of chiefs; 2. project based Grievance Redress Mechanism (GRM), and 3. as a final resort, the Courts through litigation. Complaints from aggrieved parties may seek redress progressively and sequentially through Level 1, then 2 if a complaint is unresolved in Level 1, before seeking the Court’s assistance if no satisfactory solution is reached through the first two levels. Alternatively, aggrieved parties are free and may opt to take their grievances directly to Level 2 or Level 3. 7.1 Conflict Resolution using Traditional Processes Project related conflicts and grievances can and may be satisfactorily redressed within the extended family, and only if no satisfactory outcome is reached, is it referred to the Village Council of Chiefs or Village Fono. At the extended family level, common disputes are often about ownership of family land, disputes over boundaries between land lots allocated to various members of the same extended family, ownership of long term tree crops and their compensation especially where rights of use of such crops are passed on to different family members over time, and in some instances, other family members airing discontent over perceptions of unfair distribution of financial compensation from shared extended family lands. The Chief of the extended family or Saó, presides over the dispute resolution process - even if at times, he/she is a party to the dispute - in the presence of the complainant(s) and other members of the extended family. The Saó, by traditional and customs, makes decisions in the best interest of members of his/her family, in most cases reflecting a consensus of the family. This include decisions regarding distribution of financial compensation received for extended family land – land which is customarily owned by the extended family, but which by law is registered under the name of the Saó. Because of this, the financial compensation is paid to the Saó, as a representative of his/her extended family, but with all or, depending on a number of factors, several serving members of the extended family entitled to a fair share of these monies. Other local disputes are best handled at the village level, via the Pulenuu and the Fono of the Council of Chiefs. Often this involves disputes between two or more extended families, mainly over land ownership, and land boundaries. The Council of Chiefs meets once a month (Fono), where disputes of this nature are presented by the Pulenuu, and deliberated on by the whole Council of Chiefs, in the presence of representatives of all parties in the dispute. If no satisfactory decision is reached at the village level using the above redress mechanisms, the aggrieved party may then take their grievance to the Project Manager or CEO of LTA, or, otherwise pursue it through the Courts. Page 32 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Alternatively, a complainant may not wish to utilize the traditional mechanisms for dispute resolution at all and instead present his/her grievance directly to (i) the Project Manager and or MNRE, or (ii) directly to the Courts through a legal representative. 7.2 Conflict Resolution through Project GRM and the Courts Complaints that are directed to the Project through the Project Component Manager (LTA) are potentially wide ranging and may include adverse construction impacts such as noise, dust, temporary obstruction of private access, disagreements with the works contractor(s) over the delivery of agreed terms for use of land, dissatisfaction over reinstatement of affected lands and assets, employment disputes and land related disputes, the latter as discussed in the foregoing section. The Project GRM is explained and promoted to the project affected communities in advance of project construction. Part of this promotion is to inform the public about the avenues and processes for lodging complaints or grievances. For the WCR Project, the Officer for grievance and redress appointed by LTA is the LTA Project Component Manager (PCM)3. Complaints received by LTA PCM related to land acquisition will be forwarded to MNRE’s Land Management Division.4 The different levels of grievance redress is summarized in the Figure 3, showing traditional and contemporary (legal and project based) mechanisms summarized in Figure 2 below. A Grievance Complaints Logging System (GCLS) is being implemented by the LTA for the management of complaints for road projects in Samoa. Any complaints raised in relation to this Project will be included in the GCLS for tracking and monitoring. 7.3 Grievance Redress Committee (GRC) A Committee comprising of the follow individuals will be convened by the LTA-PCM directly or following the recommendation of the MNRE–ACEO (Land Management) to mediate all complaints or disputes referred to them. A complaint referred to the GRC will be expected to yield a resolution within five (5) working days of being convened. Members of the GRC will consist of one representative each of LTA, MNRE, and a designated NGO – to be invited by the LTA PCM. Only if no satisfactory outcome is produced will the matter is then referred to the Court. Figure 2: Traditional and Non-traditional grievance redress mechanisms 3 Presently this person is Ms Titi Tutuvanu. Direct Phone line is 32176. 4 Ms. Filisita Ikensio-Heather, Assistant Chief Executive Officer, Land Management Division of MNRE (telephone number: +685 23800, ext .206); email: Filisita.Heather@mnre.gov.ws. Page 33 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Level 1: Traditional Mechanism – Within Extended Family In-house redress mechanism involving the family Saó and his extended family, including parties to If not successful the dispute. Level 2: Traditional Mechanism – Village Fono Disputes are referred to the Village Council of Chiefs If not successful Level 3: Project Grievance Redress Mechanism (GRM) involving LTA and Project Grievance Redress Committee If not successful Level 4: Court (incl Court Sanctioned Mediation) Court decision is final. Page 34 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Figure 3: Project Grievance Redress Mechanism (GRM) 7.4 Court Sanctioned Mediation An important part of the Project GRM is mediation. For unresolved complaints referred to the Court, the Court may decide to engage a professional mediator to facilitate a mutually agreed solution between the parties as a first step, failing which the matter is then resolved by litigation. Two opportunities for mediation are provided for in the WCR GRM. The first involves the Grievance Redress Committee (GRM) comprising of representatives of the LTA, MNRE and the aggrieved party or their representative(s). Where the aggrieved party is dissatisfied with the outcome of mediation with the GRM, the Project may then refer the matter to Court. The second opportunity to mediation occurs if the Court decides to appoint an independent mediator to facilitate a solution that is agreeable to the parties involved. In such cases, a Court appointed professional mediator from the Accredited Mediators of Samoa Association (AMSA) is engaged. The mediation process ensures that parties are provided the opportunity to negotiate and reach a mutual agreement to settle a compensation claim, grievance or complaint confidentially before resorting to legal process. 7.5 Litigation If mediation does not result in the satisfactory settlement of any compensation claim, the Taking of Land Act 1964 provides that any person who does not agree with the amount of compensation offered by the Minister of Lands, to file a claim in the Supreme Court for the determination of compensation to be paid by Government. A decision of the Supreme Court is final although may be appealed to the Court of Appeal. Page 35 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 8. Public Consultation and Disclosure 8.1 Summary of Completed Public Consultation Consultations with stakeholders, were initiated very early with preliminary meetings with the LTA, MNRE, MWCSD, Village Mayors and other stakeholders. To date, LTA, PMU, MNRE and MWCSD have conducted a series of consultations with a broad range of stakeholders, including village mayors, government ministries, state owned enterprises, non-government organisations, affected property owners, church organisations, utilities, and other community based organizations. The consultations were aimed at identifying the best ways to mitigate the impacts the project is likely to have on the APs. During consultation meetings for the ARAP, some APs recognise that they have encroached onto the road reserve and are willing to relocate their plants and vendors’ stalls. Their only concern is the identification of the exact road corridor boundary for the road reserve. They recognize the benefits that the infrastructure improvement projects will have on their communities. Prior to revision of the detailed design, a number of households were concerned about impacts on minor structures such as stalls. These impacts were since designed out of the Project and are no longer affected. The following consultations contributed directly or indirectly to the preparation of the ARAP: • 2012 – Stakeholder Workshop on WCR Rehabilitation Project, Wednesday 25th January 2012. Consultation involved: LTA, PMU-IPA, MWCSD, MCIT, MOF, SWA, SPA, MIN POLICE, SAA, MWTI, EPC, MNRE-PUMA and other stakeholders. • 2012 – Individual Stakeholder Consultation Meeting on WCR Rehabilitation Project, Thursday 19th to Friday 27th, January 2012. Consultation involved: LTA, PMU-IPA, MNRE/PUMA/LAND MANAGEMENT DIVISION, MOF, MWCSD, MWTI, MCIT, EPC, SWA, FESA, SAA, Min Police and Prison, BLUESKY, DIGICEL. • 2012 – Public Consultation Meeting on WCR Rehabilitation Project: Wednesday 7th February 2012, 10am – 12pm, Tooa Salamasina Hall, Sogi, APIA. Consultation involved: LTA, PMU-IPA, MWCSD, and Village Mayors/Representatives from Vaitele village to Mulifanua village. • 2012 – Report by IPA, July 2012, Environmental Assessment Report (EAR) for Enhancing the Climate Resilience of the West Coast Road. • 2015 – Report by GB Group, March 2015, Social Beneficiary Survey for Enhancing the Climate Resilience of West Coast Road Project. Consultations carried out with village communities along WCR and other key stakeholders. The records of the consultations for the CRWCR since March 2015 are provided in a dedicated section of this ARAP (see Table of Contents), with the summary of the consultations provided in Section 8. 8.2 Environmental Assessment Report (EAR) and Environmental Management Plan (ESMP) An EAR, an ECOP, as well as an EMP for the WCR reconstruction have been prepared to support an application to MNRE-PUMA for Development Consent. These documents were prepared with the required consultation process involving key stakeholders including local village communities and other key stakeholders. As all reconstruction works will be within the 20m road reserve with minimal impact on the environment, a full Environmental Impact Assessment (EIA) was not required. 8.3 Social Impact Assessment A Social Beneficiary Survey (SBS) was carried out to support the EA process and to ensure social issues are identified and addressed in the ESMP and ARAP. Page 36 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 8.4 Disclosure This ARAP will be publicly disclosed by the LTA which will make copies available at its office, the MNRE office, as well as on the LTA and MNRE websites. LTA will organize the presentation of this report to the various stakeholders (MNRE, WB, PMU, MWTI, MWCD, MOF, Village Mayors, Village Councils and APs and other Governmental Ministries as required). The following process will be used to disclose the ARAP:  The ARAP will be placed in designated places and at least through the construction phase. This will be the LTA office, MNRE office, Construction Site office.  The ARAP will be placed on the LTA and MNRE websites throughout the period of the project. The main objectives are to: 1. Inform and explain the entitlement policy and various options to the affected people (AP) prior to financial assistance; 2. Socially prepare the affected persons for relocation/resettlement; 3. Help counter rumors and prevent unnecessary distress; 4. Bring clarity on issues that might be raised by the affected persons about their entitlements and benefits through question-and-answer sessions; 5. Attempt to ensure that vulnerable groups understand the process and their needs are specifically taken into consideration. 9. Implementation Timetable and Budget The implementation schedule for this ARAP covers the periods from the approval of the ARAP to the full delivery of all financial compensation as set out in the Entitlement Matrix, and the delivery of other resettlement measures that will be assigned to the civil works or another LTA sub-contractor. 9.1 Schedule It should be noted that the procedure in the schedule starting from notification of the APs before asset displacement through to compensation and resettlement will be done in phases to synchronise with the various phases of the project. The APs Implementation schedule defines the duration and timing of the key milestones and tasks. The major component tasks for the schedule include:  Approval of ARAP;  Consultation and Disclosure of ARAP;  Audit of the APs register and compensation packages due to each APs;  Signing of agreements on compensation packages by APs; and for restricted use of land for drainage easements  Resolving emerging grievances;  Payment of financial compensation and/or Supplementary assistance;  Delivery of other non-financial resettlement measures;  Preparation and submission of ARAP Implementation Completion report, and request for WB NOL;  Commencement of project operations;  Monitoring and evaluation, including baseline update; and  Post-relocation/resettlement activities. Table 10 below shows the implementation schedule specifically for relocation of affected assets by the APs within the Project beneficiary areas; this however will be developed in further details and timeline after the World Bank Review and approval. Page 37 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Table 10: Proposed ARAP Implementation Schedule Weeks from Approval of ARAP Report Item 1 2 3 4 5 6 7 8 9 10 11 12 1 Approval of ARAP 2 Consultations and Disclosure of ARAP Audit of the APs register and 3 compensation package due to each AP Signing of agreements on compensation 4 packages by APs 5 Resolving emerging grievances Payment of Compensation and/or 6 Supplementary assistance 7 Delivery of reinstatement measures Commencement of project 9 construction/operations Monitoring and evaluation, (including 10 baseline update, and reporting 11 Post – Relocation/resettlement activities 9.2 Implementation Budget Based on the estimate of temporary structures and crop values the budget required by MNRE/LTA for land and non-land asset compensation is estimated to be approximately SAT 80,188 including a contingency of 20%. 10. Monitoring and Reporting Arrangements Monitoring and Evaluation (M&E) procedures establish the effectiveness of all land and asset acquisition and resettlement activities, in addition to the measures designed to mitigate adverse social impacts. The procedures include internal tracking and reporting. The purpose of resettlement monitoring is to verify that:  Actions and commitments described in the ARAP are implemented;  Eligible project affected people receive their full compensation prior to the start of the reconstruction activities on the project area;  ARAP actions and compensation measures have helped the people who sought compensation in restoring their lost incomes and in sustaining/improving pre-project living standards;  Complaints and grievances lodged by project affected people are followed up and, where necessary, appropriate corrective actions are taken;  If necessary, changes in ARAP procedure are made to improve delivery of entitlements to project affected people. While the ideal arrangement is for an independent third party to monitor LARP implementation, given the small number of beneficiaries and compensation amounts involved, LTA through the WB funded LTA embedded Safeguards Consultant will be charged with monitoring LARP implementation including the delivery of financial and non-financial compensation and other resettlement assistance. Monitoring and supervision will include: i. Proper and full disclosure of the approved ARAP; Page 38 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 ii. Verification that the baseline information of all PAPs has been done and that the valuation of assets lost or damaged, the provision of compensation and other entitlements, and relocation has been carried out in accordance with the provisions of the approved LARF and respective inventory and land acquisition plans; iii. Verification and follow-up action to ensure that funds for implementing the inventory and land acquisition plans are provided in a timely manner and that such funds are used in accordance with the provisions of the inventory and resettlement plan; and, iv. Assurance that all grievances have been recorded and resolved in a timely manner. v. The entitlement matrix is accurate reflecting all confirmed beneficiaries and the compensation amount correctly calculated. vi. Ensuring that all financial compensation packages are received by the rightful beneficiaries. vii. Ensuring that all other resettlement assistances/measures have been delivered on time and at the required level. In order to ensure that these steps have been taken, and that all relevant procedures have been followed in consultation and follow-up with PAPs, the LTA shall visit all PAPs households directly affected by the project during construction work and report to the Executing agency any grievances or deviations from the agreed process or activities. LTA through the Safeguards Consultant will ensure an ARAP compliance report is prepared and submitted to the WB with appropriate supporting documentation to confirm all compensation and other resettlement measures have been delivered, an escrow account is established and disputed funds are deposited prior to the awarding of works contract, and/or resettlement measures to be delivered during construction are confirmed with LTA and or contractor. ******** Page 39 Annex 1: References BECA. (2003). Report: West Coast Road Rehabilitation Environmental Management Plan. Report for the Land Transport Authority, Vaitele, Samoa. Planning and Urban Management Act 2004 BECA. (2007). The Samoa Codes of Environmental Practice (COEP). Prepared for the MNRE-PUMA. BECA. (2010). Report: Draft EMP for West Coast Road Drainage Project. Report for the Land Transport Authority, Vaitele, Samoa. BECA. (2010). Report: West Coast Road Environment Management Plan. Report for the Land Transport Authority, Vaitele, Samoa. BECA. (2010). Report: Samoa West Coast Road Drainage – Preliminary Environmental Assessment Report. Report for the Land Transport Authority, Vaitele, Samoa. Road Safety International Pty Ltd (2011). Report of the Road Safety Audit of the Main West Coast Road, Upolu Isaland, Samoa. Report for the Land Transport Authority, Government of the Independent State of Samoa. IPA Ltd., (2012b). Final Report: Environmental Assessment for Upolu West Coast Road Project. Report for the Land Transport Authority, Vaitele, Samoa. IPA Ltd., (2012b). Report: Environmental Code of Practice: Enhancing the Climate Resilience of West Coast Road. Report for Land Transport Authority, Vaitele, Samoa. IPA Ltd., (2012), (2015 rev). Report: The Land Acquisition and Resettlement Framework (LARF) for the WCR. Report for Land Transport Authority, Vaitele, Samoa. BECA (2014). Report on Vaitele Street (Vailoa - Vaitele) – Abbreviated Land Acquisition and Resettlement Plan. Report for Land Transport Authority, Vaitele, Samoa. CB Group. (2015) Report: Social Beneficiary Survey for Enhanced Road Access Project and Enhancing the Climate Resilience of the West Coast Road Project. Report for the Land Transport Authority, Vaitele, Samoa. Roughton International Ltd in Association with PLT Consultants Ltd (2015). Report on Environmental Management Plan for Enhancing the Climate Resilience of West Coast Road. Report for Land Transport Authority, Vaitele, Samoa. Page 40 Annex 2: Community Consultation Records (CCR) TABLE OF CONTENTS 1 Project Progress Meeting #1 – 4/5/15 2 Consultation Meeting with Utilities – 20/05/15 3 Consultation with Village Mayors – 26/5/15 4 Meeting with LTA and MNRE – 10/7/15 5 Meeting with Utilities – 14/9/15 6 Consultations with Families on WCR Easements: start 23/9/15 – 1/10/15 7 Consultations with AP’s on WCR easements during the IOL (Jan – Feb, 2018 Page 41 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Page 42 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Contract 1.2.1- Enhancing the Climate Resilience of the West Coast Road Detailed Design and Bid Evaluation Support MINUTES OF PROGRESS MEETING NO.1 Date: 04/05/2015 Time: 2PM Venue: LTA Board Room – Vaitele Attendees: LTA: Matamu James Moeono (MJM) – Project Management Division Manager Maverick Wetzell (MW) – Project Management Division Civil Engineer Michael Anderson (MA) – Project Component Advisor Titi Tutuvanu-Schwalger (TTS) – LTA Civil Engineer IPA/PMU : Leiataua Isikuki Punivalu (LIP) – PMU Manager Haeminda Jayasinghe (HJ) – PMU Procurement Engineer RI-PLT: Naty Ruby Ulmas (NRU) – Highway Engineer / Deputy Design Team Leader (Chairperson) Carlos Santos – Project Engineer Peseta Konelio Tone (PKT) – Environmental and Social Impact Specialist Peseta Simon Tone (PST) - Country Manager Apologies: Nil 1. WELCOME AND INTRODUCTIONS NRU welcomed meeting attendees and roundtable introductions. 2. PROJECT UPDATE NRU provided a summary of the project progress to date through a Powerpoint presentation. Hard copies of the presentation slides were issued to the meeting attendees beforehand. The following comments and queries were made and raised during the presentation: - Topographic survey is complete. - Topographic drawing is 90% complete with the remaining 10% pertaining to the insertion of the cadastral survey information near completion. - MJM asked if the cadastral survey information to be inserted includes the drainage easements and whether any additional drainage easements are required i.e. in addition to the drainage easements identified in Beca’s drainage design. NRU advised that drainage easements are included in the cadastral information and that additional drainage easements are being considered. NRU explained that the final number of drainage easements required is subject to the final design. - MA asked if RI has a copy of the Tonkin and Taylor Quarry Assessment Report. It was confirmed that RI has a copy of this report. - Pavement design is based on Austroads design standards. MJM asked whether any comparison is being made to other applicable standards for pavement design purposes. NRU advised that the pavement design engineer is using design standards considered suitable to the project. - NRU advised that, while the Austroads design standards are being used for the road geometric design, the design speed is governed by the Road Safety Audit Report and the design speed for the road is 60km/HR. NRU explains that the WCR has no clear road hierarchy and because of the density of uncontrolled local access design speed is safety risks to design higher than 60kph. - LIP requested clarification on where chainage 0m (CH0) is. - NRU advised that CH0 is at the westernmost/Airport end. It was noted that this will allow for North to be at the top of the layout drawings. - NRU explains the relation of MSL to Land Datum. Advised that 2m above MSL as required in the TOR will only affect less than 500m (0.20%) of the project road length, not the same 10% as stated in the TOR. Page 43 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 - NRU explains to affect 10% the selected elevation shall be 2.6m. NRU explains that climate change specialist recommended desirable road elevation can be Elev 3.om which is 2m above the highest tide level recorded, 3. ISSUES AND RISKS NRU advised that RI require 3D contour information from MNRE for drainage design purposes. PKT added that MapInfo files from MNRE can only be released through a MOU and requested LTA’s assistance in sourcing the required information from the MNRE. NRU advised that RI’s surveyor is using digitized pdf files from MNRE for cadastral survey information. MJM commented that digitized pdf files may have accuracy limitations and recommended that RI submit a request for information to MJM listing all information required from MNRE and/or LTA. NRU advised that 2m, rather than 1.5m, wide sealed shoulders are being considered as vehicles pulling over on to a 1.5m wide shoulder will impede traffic flows i.e. a safety issue. MJM advised that RI’s design should be based on 1.5m wide sealed shoulders due to the Client’s budget constraints. MA added that wider road shoulders will impact on longitudinal drainage given the road reserve width constraints. NRU commented that the majority of the existing road is too low relative to the adjacent berms. This results in poor pavement drainage and poor pavement performance. LIP commented that the TOR requires a whole-life cost-benefit analysis to be carried out to determine the most cost effective solutions for various pavement scenarios. MJM stressed the importance of RI coordinating with the various utilities service providers for design requirements pertaining to utilities services. NRU advised that it is RI’s intention to work in close liaison with the utilities service providers as the design progresses. The impact of the design on existing utilities services is also contingent on the available road reserve which will be better defined once the cadastral survey information has been imported in to the design drawing. MJM commented that it is preferred that the utilities services are located outside of the carriageway where practical for maintenance purposes. MA advised that, other than for drainage easements, land take needs to be avoided at all costs. RI to submit a request for information to MJM listing all information required from the MNRE and/or LTA. RI to base their design on 1.5m wide road shoulders. 4. INFORMATION TRANSFER MJM requested information from RI on the extent, as a % of overall road length, that the existing road would need to be raised based on 2.25m, 2.6m and 3.0m above MSL. NRU MJM requested a copy of RI’s proposed drawing template showing the title block for the Client’s review. MJM advised that the current communication and information transfer system using multiple random emails between RI and the Client and vice versa is untidy and needs improvement. The Client’s preference is for more regular progress meetings at which many of the issues can be discussed and addressed. PKT explained RI’s proposed initial consultations meeting with the village mayors (Pulenuu) as previously advised by the Design Team Leader. It is intended to use the LTA meeting house at Vaitele for this meeting. There will be some costs involved including transportation and lunch for the Pulenuu. MA advised that such expenses are covered by the Client. MJM requested that RI provide a cost estimate to the Client for the initial consultations meeting with the village mayors. RI to provide information as requested. RI to provide information as requested RI to provide a cost estimate to the Client for the initial consultations meeting. 5. CONTRACTUAL AND OTHER MATTERS Page 44 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 MJM advised that RI has requested a time extension of one month for Deliverable No. 2 (Specifications) which is overdue. A formal response to RI’s request will follow. PST and NRU commented that, from a technical perspective, the Project Specifications are dependent on the design and that the timing of this deliverable should reflect this dependency. LIP advised that the Inception Report submitted by RI varies somewhat from the Technical Proposal in terms of the design services being carried out (refer a copy of LIP’s email to MJM regarding “PMU Comments on the Inception Report” issued hardcopy to RI at today’s meeting). MJM emphasized that the Client requires an updated program from RI as soon as possible. This can be in the same format as the one issued at the Kick-off meeting, but updated to reflect the actual sequencing of the various activities. Note that the updated program is a separate requirement to the updated personnel schedule previously submitted by RI. MJM expressed his concerns with the Design Team Leader’s limited availability in Samoa stating that Form Tech 6 included in the Contract applies. NRU advised that she is only authorized to comment on technical matters and that this issue needs to be addressed through the Design Team Leader. NRU advised that Harold Bofinger, RI’s Pavement and Geotechnical Specialist, is scheduled to arrive back in Samoa on the 14th of May 2015. 6. NEXT MEETING Tentatively Scheduled for the 18th of May 2015 at 10am at the LTA Board Room – Vaitele. Page 45 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Contract 1.2.1- Enhancing the Climate Resilience of the West Coast Road Detailed Design and Bid Evaluation Support MINUTES OF CONSULTATION MEETING WITH UTILITIES Date: 20/05/2015 Time: 10.00AM Venue: LTA Meeting Room – Vaitele Attendees: LTA: Matamu James Moeono (MJM) – Project Management Division Manager Maverick Wetzell (MW) – Project Management Division Civil Engineer IPA/PMU : Leiataua Isikuki Punivalu (LIP) – PMU Manager Haeminda Jayasinghe (HJ) – PMU Procurement Engineer MWTI: Leota Kapeneta Perelini (LKP) – ACEO, Land Transport SWA: Petaia Mafulele (PM) – Manager Rural Operations and Maintenance B/SKY: Reupena Amuimuia (RA) – Team Leader CCN Ronnie Reti (RR) – Technician/Engineer RI-PLT: Naty Ruby Ulmas (NRU) – Highway Engineer / Deputy Design Team Leader (Chairperson) Dr Harold Bofinger (HB) – Pavement Specialist Carlos Santos – Project Engineer Peseta Simon Tone (PST) - Country Manager Peseta Konelio Tone (PKT) – Environmental and Social Impact Specialist Apologies: Non-attendance by EPC and Digicel who were invited for the consultation Item Discussion Action Required By Who By When 7. WELCOME AND ST welcomed meeting attendees NOTE INTRODUCTIONS and introduction of NRU 8. PURPOSE OF MEETING NRU stressed the importance of working together with the Utilities to ensure the successful implementation of the WCR project. The presentation slides and information sharing conveyed the following message: - To prevent any mishaps that may happen during the cause of the project (example shown of light pole in the middle of a newly constructed road intersection), working closely with utilities is essential focusing on the three C’s: Co-ordination / Co-operation / Communication, which will ultimately result in cost savings for the project both short term and long term. - Secondly, obtaining the most accurate data available and sharing of information from the Utilities including the Client-LTA is tantamount to preparing a design that considers all the relevant and appropriate information. - Stressed the importance of the five P’s in planning to ensure the success of the design and the project as a whole which entail – proper preparation prevents poor performance. - Presented a summary of the design work carried out to date which include the topographical survey from Faleolo Airport to Saina, road alignment based on the 20m road boundary from existing road centerline, and preliminary longitudinal and vertical alignments. - Presented a diagrammatic presentation of the road cross-section for the 20m road corridor that includes the carriageway, sealed shoulders, grassed perm, drainage and location of utilities to optimize the full 20m boundary with a view of future developments for discussion. 9. GENERAL DISCUSSION  MJM stressed the importance of cost consideration in the design because of available funds.  NRU advised that currently, services are close to or under the sealed section. So when the seal pavement is extended these will need to be relocated away from the sealed surface to avoid having to dig the pavement up should water leak or other utility work required in the future. Page 46 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1  PST also shared the same view with the need for the Client and Utilities to determine whether the requirement is relocation or an upgrade hence costs implications and responsibilities can be allocated. Shared examples of Client/Utilities issues encountered during the recently completed Vaitele Street Road Widening project and the resultant arrangements between the Client, Utilities, and Contractor i.e. some costs were covered by the project particularly relocation, and others including upgrading were allocated to the Utility provider under their own arrangement with the Roading Contractor.  PM of SWA stressed that the WCR will have a major impact on their services and it would be better to replace their lines which are relatively recent installations for the most part, then have the new lines commissioned for supply before de-commissioning the old ones as this will ensure a continuous supply to all customers. To leave their lines under the pavement would not be advisable as any leaks would require the new pavement to be dug up.  PST noted PM’s comments on the recently installed line and the proposed new line and that this will be a matter for the Client and the Utility providers to work out who and how to cover costs. Acknowledge also is the impact of leaking on the structural integrity of the pavement, etc. Suggested that the Utilities provide BOQs for the required work, followed by the discussion and decision on whom to cover what costs, etc.  NRU raised and supported by PST the need for road crossings for Utilities to be identified by the utilities so that these can be discussed and included in the design  RR of Bluesky expressed that as carried out for the Vaitele Street Road Widening Project, that instead of relocating their services, the lids can be raised and heavy duty covers can be installed.  MJM suggested that these can be sorted out and addressed between RI/PLT and Utilitties but stressed that the project covers relocation and modifications required by the project costs only and not new lines or upgrades of services.  MJM raised the issues of cadastral boundaries and whether these services would be outside the road 20 meter reserve and where they sit relative to the longitudinal drainage. Stressed the importance of having close consultations between RI/PLT with the Utilities for their design requirements.  NRU advised that as previously undertaken, RI/PLT will continue to work closely with the utilities service providers as the design progresses. The road alignment will be checked on the basis of the 20m road corridor from the existing road center-line as the impact of the design on existing utilities services is also contingent on the available road reserve which will be better defined once the cadastral survey information has been confirmed. As per preliminary road alignment, some light poles may need to be relocated and the numbers will be confirmed once the final alignment has been confirmed.  MJM commented that it is preferred that the utilities services are located outside of the carriageway where practical for maintenance purposes.  RR requires one conduit to be installed by the project for future use and confirm that B/Sky can work with the Road Contractor to address new requirements to avoid any issues.  LIP advised that if required, the road alignment can be adjusted / moved to avoid having to relocate electric/light poles, etc.  NRU advised that some relocation of Power poles cannot be avoided because of site restrictions, etc. but will check with the geometrics of the road if safe to do so. This was supported by MJM.  MJM suggested that RI/PLT confirm with EPC what their requirements are and that they may have funds to carry out their requirements.  PKT requested Utilities and the Client to provide all available info and data on services to facilitate and to ensure the relevancy of the design.  PM confirm that SWA can provide the required info and data. RA also confirms that B/Sky can provide the required info and data.  MJM raised the issue of the cadastral survey and property boundaries and their impact on the road alignment, drainage and the Utilities. Also raised the issues faced by Beca on a previous assignment where the issue of a discrepancy between the survey carryout out along the WCR Page 47 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 and the data provided by MNRE surfaced.  NRU commented that this is a real issue and needs to be confirmed with regards to the proposed road alignment. This was supported by PST.  LKP of MWTI commented that the existing road with its intended road reserve of 20m and 30m, did carry out land compensation when SPDC carried out he works about 40years ago, and suggested that LTA/RI-PLT with MWTI meet up with MNRE to discuss this in detail.  MJM agreed to organize this once LTA have had time to discuss this further. All agreed to meet up once LTA have confirmed a time for a meeting with MNRE. LTA and SWA to confirm what is covered under the project RI to co-ordinate with Utilities RI to consult with EPC LTA and Utilities to provide all info and data on WCR SWA and B/SKY to provide available data MJM to organize a meeting with MNRE/LTA/MWTI/RI-PLT 10. CONSULTATION FINISHED PKT thank all that attended the consultation on behalf of the Client / PMU /RI-PLT. Consultation finished at 11.30am. Lunch provided by RI/PLT 11. CONTACT LAND TRANSPORT AUTHORITY PHONE/MOBIL EMAILS DETAILS OF (LTA) E ATTENDEES Matamu James Moeono (MJM) james.moeono@lta.gov.ws – Project Management Division 7579004 Manager Maverick Wetzell (MW) – Project Management Division maverick.wetzel@lta.gov.ws Civil Engineer 7573005 IPA/PMU : Leiataua Isikuki Punivalu (LIP) – ipa@ipa.com.ws PMU Manager 7776021 Haeminda Jayasinghe (HJ) – haeminda@yahoo.com PMU Procurement Engineer IPA MWTI: Leota Kapeneta Perelini (LKP) – kperelini@mwti.gov.ws ACEO, Land Transport 21611 SWA: Petaia Mafulele (PM) – Manager Petaia@swa,gov.ws Rural Operations and 7704440 Maintenance BLUESKY: Reupena Amuimuia (RA) – Team ramuimuia@blueskysamoa.c Leader CCN 7500889 om Ronnie Reti (RR) – Engineer 7500116 rreti@blueskysamoa.com RI-PLT: Naty Ruby Ulmas (NRU) – Highway Engineer / Deputy Design Team Leader 20109 natyrubyhanoi@yahoo.com (Chairperson) 20109 hebofinger@icon.co.za Dr Harold Bofinger (HB) – 20109 carloshsantos.eng@gmail.co Pavement Specialist 20109 m Carlos Santos – Project Engineer 20109/7512330 simon.tone@samoaonline.w Page 48 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Peseta Simon Tone (PST) - s Country Manager konelio.tone@samoaonline. Peseta Konelio Tone (PKT) – ws Environmental and Social Impact Specialist CONSULTATION WITH THE SNs (Village Mayors) FROM SAINA – SATAPUALA WEDNESDAY 26th MAY, 2015. 10.00am MWCD HALL PRESENT: Matamu James Moeono LTA – PMU Manager Maverick Wetzell LTA – Engineer Peseta M. Sua MWCD/IA Moevasa Reti MWCD/IA Atuaia M. Liukney MWCD/IA Peseta Konelio Tone RI/PLT Consultants NB. List of all Village Pulenuus and Reps that attended the meeting are noted at the end of the minutes UPU FA’AFEILOA’I – PESETA MULINUU SU’A WELCOME REMARKS said by Peseta Mulinuu Su’a (MWCD/IA Representative) TATALO – SAPA’U (FORMER SN O LEVI & ALAMUTU Opening Prayer said by Sapa’u PRESENTATION – PESETA KONELIO TONE OF RI/PLT CONSULTANTS FOLASAGA in SAMOAN Sa fa’aali le ata o le auala tele amata mai Satapuala seia paia Saina. Na faaalia e Peseta i se ata fa’ataatia o le toe fausiaina ma le faalauteleina o le auala tele e amata atu i Saina seia pa’ia Satapuala. IN ENGLISH RI/PLT Consultants presented a video clip of the main road starting from Saina to Satapuala and then discussed the Samoa Government’s plan to reconstruct the road to take in the 20m road reserve (10m on each side of the existing road centerline) with 3.5m carriageways, 1.5m sealed shoulders to facilitate pedestrian movement and bus stops, 1.5m grassed verge and allowing for drainage and utilities. IN SAMOAN O le fuafuaga a le Malo mo le toe faalauteleina ma faaleleia o le auala ina ia aua nei aafia gofie i suiga o le tau ua iai nei, e tusa ma le 20m lona lautele, 10m mai le laina ogatotonu o le auala o loo iai nei I ona itu e lua (3.5m faataina mo taavale & 1.5m faataina mo road shoulders). O road shoulders nei e aofia ai se vaega e savavali ai tagata, faapea le tutu ai o taavale ma pasi, ona sosoo ai lea ma se vaega mo alavai ina ia tata’i ese ai le vai mai le ono aafia ai o le auala faapea se avanoa mo le SWA, EPC, Telecommunication, ma o se fuafuaga ua leva ona mafaufau iai le Malo, ae sa fa’atali lava se fesoasoani mai fafo mo le fa’atinoga o lea vaega. O lea la poloketi o lo’o fuafua e faatupeina e se nonogatupe mai le World Bank. IN ENGLISH RI/PLT Consultants conveyed the Government’s plan to reconstruct the road to meet climate resilience requirements that has been in the pipeline for a while with previous consultations undertaken in 2009 and Page 49 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 2012, but the Government was in the process of securing funding to finance the project. Funding from the World Bank has now been secured to fund the project. Expressed also the extend of Climate resilience requirements that stipulates the road must meet certain criteria that include raising the level of the road in some areas, improving foreshore protection where it requires, providing effective drainage, designing and constructing a more resilient pavement, specification consideration, and so on. IN SAMOAN Sa fa’asolo pea le fa’aaliga ma faamatalaga o ata o le auala ma lona taatiaga seia tau mae’a lava afioaga uma o le a aafia i lea fuafuaga. IN ENGLISH Discussed the existing road alignment with both permanent and temporary structures shown in the video clip for all villages included in the project with emphasis on areas along each village where widening the road footprint could impact on hedges, fences and village pools that are located close to the road. Also conveyed to the Village Mayors was that the new road alignment will follow the existing road centerline with necessary considerations to minimize the impact of the project on the environment, some permanent structures, utilities and the people and their properties. Possible issues that arise will be addressed through consultations with LTA/MNRE and all the key stakeholders affected including the landowners. This will ultimately inform the design and the construction methodology. RAISED ISSUES COMMENT IN SAMOAN SN Toamua – Saunoa Leaoaniu Patolo, e ‘au lava lo latou Afioaga i soo se fuafuaga a le Malo, ae pau lava se talosaga pe mafai ona ta teisi aga’i i tai le auala pea o’o mai i lumafale o le falesa EFKS ona e lata tele mai i luma le falesa. COMMENT IN ENGLISH SN Toamua – Leaoaniu Patolo agreed to the plan as presented but requested for shift of the road alignment further away (move towards the seaside) at Toamua village as the Church (EFKS), in particular the driveway and ramp is too close and possibly be less that 10m from the existing centerline. RESPONSE IN SAMOAN Sui LTA – Saunoa Matamu James Moeono, o le taimi nei fa’atoa tapena le galuega, ao talosaga o le a ta’atia sei toe taga’i ai le Pulega i le taimi e faatino ai le plan, sei mae’a le design a le consultants. RESPONSE IN ENGLISH LTA Rep- Matamu James Moeono responded that the project is in its initial phase and welcomed the requests for design and road alignment consideration but will await the completion of the consultants design. COMMENT IN SAMOAN SN Levi & Alamutu – Saunoa Sapa’u po o lea le faamoemoe o le a toe fai ai le auala, po o ni taligamalo po o nisi fuafuaga? COMMENT IN ENGLISH SN Levi & Alamutu- Sapa’u questioned the reason for project? RESPONSE IN SAMOAN LTA – Saunoa Matamu ua leva ona fa’ataatia le fuafuaga a le Malo ae o lea fa’atoa maua le tupe mai le World Bank e fa’atino ai. RESPONSE IN ENGLISH LTA – Matamu explained that the project has been planned for some time but has just secured funding from the World Bank to implement it. COMMENT IN SAMOAN Page 50 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 SN Faleula – Saunoa Leaso Tuvale sa tatau ona invite se sui o le Ekalesia Metotisi i le consultation lea ona e le aia le Afioaga i le pa a le Ekalesia Metotisi, tei ua afaina i le faiga o le auala. COMMENT IN ENGLISH SN Faleula – Leaso Tuvale said a member of the Methodist Church should have been invited as the village does not have the authority on the Church’s fence but could be affected by the construction of the road. RESPONSE IN SAMOA RI/PLT Consultants – Na tali Peseta o le fonotaga toe faaauau muamua lenei ma Sui Pulenuu mo le faamoemoe, ae a mautimoa loa le aafiaga o nisi o mea totino a le lautele o tagata nuu o loo alala ma papa aao I afoaaga taitasi, aemaise ai foi Ekalesia o loo aafia I lenei galuega, ona faafesootai loa lea mo ni faatalatalanoaga ma se maliega mo le faatinoina o le galuega. Ae sa talosagina foi le mamalu o Tofi o Nuu taitasi mo la latou lagolagosua I fuafuaga ua tapena e le Malo mo le manuia o ona tagata nuu. RESPONSE IN ENGLISH RI/PLT Consultants – Peseta responded that this consultation is with the village Mayors, and it is the continuation of other consultations that were held previously on the WCR project, and once confirmed that some hedges, fences and other temporary or permanent structures will be affected as well as land, then the land owners will be consulted. Stress also the importance of the support from the village Mayors on all matters relating to consultations with villagers and land owners within each village. COMMENT IN SAMOAN SN Salioa & Matailiili – Saunoa Saili pe mafai foi ona tu’utu’u agai i tai le faiga o le auala aua ne’i ‘aia lumafale o le Ekalesia o le Au Paia o Aso e Gata ai. COMMENT IN ENGLISH SN Salioa & Matailiili – Saili requested for a shift towards the seaside to avoid affecting the front of the LDS Church compound. RESPONSE IN SAMOAN RI/PLT Consultants – Na tali Peseta o le taatiaga o le auala fou e taumafai lava ina ia aua nei aafia ni mea totina e mafai ona faasaoina. O le taumafaiga lava ina ia faaleleia le auala ma a mafia lava ona tuutuu i gatai le auala e aunoa ma se aafia ai o le saogalemu o tagata ma taavale feoai, ia o le aano lava lea o le faamoemoe o le Malo. RESPONSE IN ENGLISH RI/PLT Consultants – Peseta responded that the request will be considered and that the new road alignment which will follow the existing road alignment as close as possible will endeavor to minimize any impact on properties and the environment. COMMENT IN SAMOAN SN Utualii – Saunoa Moala Pomare o iai ni giveway spot i totonu o auala nei e pei o le design ina o auala i Vailoa ma Apia. COMMENT IN ENGLISH SN Utualii – Moala Pomare asked if there any give way spots/median strips on the road similar to the road design for Apia and Vailoa. RESPONSE IN SAMOAN Sui LTA/RI/PLT Consultants – o le fuafuaga a le Malo e tatau ona oo atu ia Novema ua mae’a uma fa’atalatalanoaga ma le ata faataatia o le galuega, ae masalo o Fepuari 2016 ua amata fa’atino le galuega. RESPONSE IN ENGLISH LTA/RI/PLT Consultants – The Government’s plan is that the design and ongoing consultation phase will be completed by November and hopefully the construction will begin by February 2016. COMMENT IN SAMOAN SN Utualii – Saunoa Moala pe totogi la laau ia o le a afaina i le toe suaina o le auala, ae fa’afefea foi fanua ia e ta’i atu ai outlets o drainages. Page 51 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 COMMENT IN ENGLISH SN Utualii – Moala if there is a plan to compensate trees affected in the project and the family lands used for drainages outlets. RESPONSE IN SAMOAN Sui LTA – Saunoa Matamu e iai laau toto e totogi i se vaega o tupe o le poloketi lea, pei o niu ma ‘ulu. RESPONSE IN ENGLISH LTA Rep – Matamu explained that some trees will be paid for by the project. (E.g. coconut trees & breadfruit trees) IN SUPPORT RI/PLT Consultants – Sa faaalia e Peseta, o loo iai faiga faavae ua maea on faataoto e le MNRE ma le LTA ua faapea foi ona agatutusa ma fuafuaga a le WB mo le fausiaina o auala tetele, o loo aofia ai lava ma le fa’amaninoga o ituaiga natural resources e aofia ai ma laau e tatau ona taui pea fai e aafia i soo se fuafuaga a le Malo. IN SUPPORT RI/PLT Consultants – Peseta explained that there are templates used by MNRE, LTA that are in line with the WB requirements that stipulates the types of Natural resources including plants that should be compensated if affected by roading projects funded by the WB. COMMENT IN SAMOAN SN Nono’a – Saunoa Tilialo pe mafai ona silasila ane le Malo i le fa’asao a Nono’a aua nei afaina pe a fai le auala, ona o se fa’asao foi o loo faamoemoe ai le Afioaga mo le Atinae o le Tamaoaiga, pe le tatau ona fai ai se auala laupapa. COMMENT IN ENGLISH SN Nono’a – Tilialo requested for the Government through LTA and the Design Consultant to consider the Villages conservation area and pool (fisheries nursery) with their preference not to be affected and if it is possible to build a bridge. RESPONSE IN SAMOAN LTA/RI/PLT Consultants – o le fuafuaga ua tapena a le Malo mo le faalauteleina ma le faaleleia o le auala, ua faataua ai le faaititia o le aafiaga o meatotino e aofia ai ma faasao a aiga ma nuu taitasi. O le a tagai iai le Malo e auala atu I tapenaga a le Pulega a le LTA ma le kamupani ua filifilia e tapenaina le ata o le galuega, poo le tonu le auala e mafai ai ona faaitiitia le aafiaga o le faasao. RESPONSE IN ENGLISH LTA/RI/PLT Consultants – the request is noted and that consideration in the design will take into account possible means to minimize any impact on the conservation area and pool (fisheries nursery). WRAP UP by Peseta Mulinuu – MWCD. By Peseta Mulinuu, o lea na fa’ailoa e le RI/PLT Consultants aemaise foi le Sui o le LTA, o le consultation muamua lea na o le faatalanoaina o le design, a o lesi feiloaiga o le fa’ataatia ai ata o fanua o le aafia i le faalautelega o le auala. Peseta reiterated to the SN’s that this is just first phase of consultations for the design of the road. The next consultation will look at the road map and the lands that will be affected by the project. EXPRESSION OF APPRECIATION AND ‘ FAAFETAI TELE’ Peseta Konelio Tone thanked all that attended the consultation on behalf of LTA and RI/PLT Consultants. LTA provided lunch and $20 Tala pasese for all village Mayors and reps that attended. LIST OF VILLAGE PULENUUS AND REPS THAT ATTENDED VILLAGE PULENUU PHONE Page 52 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 SAINA Tofa Vuti Soonalole 8401538 TOAMUA Tofa Leaoaniu Patolo Sasauli 7714791 FALEULA Tofa Leaso Sefo 7234241 MALIE Faamausili Ioane 7207170 AFEGA Tofa/Susuga Fata Saifoloi 7244606 TUANAI Tofa Logo Futialo 7236334 LEAUVAA SASAE Tofa Sagote Laki E lei auai mai LEAUVAA SISIFO Tofa Vaifale Soe Na faanoi mai ua le avanoa LEVI ALAMUTU Afioga Sapau Vitale 42261 LOTOSOA Faumuina Muti Na faanoi ua le avanoa SALEPOUAE Tofa Vaivaimalemalo Vesi 7256880 NONOA Tofa Tilialo Tinou 42572 UTUALII Tofa Moala S. Pomare 42050/7262695 TUFULELE Tomaimano Mika 7735861 FALEASIU Tofa Fesolai Mailo Lei auai mai (SAPULU MA LEALALII FALEASIU Tofa Moala Reupena Lei auai mai (MOAMOA MA TAUOO) FASITOOUTA Tofa Sailimalo Loloata 8427810 (SALIOA MA MATAILIILI) FASITOOUTA Tofa Tauauvea Ene Soi 7621462 (AVANO MA SATUI) NOFOALII Tofa Ili Talilama 42790 LEULUMOEGA Tofa Tiata Vailiga 42521 FASITOOTAI Tofa Sevealii Valuniu 7286375 VAILUUTAI Tofa Leaitua Taua 7741846 FALEATIU Tofa Mapuiletoo Vaotofu 7620662 SATAPUALA Tofa Solialofa Faamau 7222874 OTHER VILLAGE REPS LEULUMOEGA Moega Pale 8405083 NOFOALII Agaseata Koroseta 7315503 FASITOOTAI Togoaena Sua 8485444 MINUTES FOR MNRE / LTA & Roughton / PLT (KONELIO TONE) MEETING #2, AT MNRE CEO OFFICE 10TH JULY 2015, 10:30am PRESENT: Sala Josephine MNRE (ACEO - Legal) Filisita MNRE (Land Division – ACEO) Asi MNRE (Surveyor) Konelio Roughton/PLT Michael Anderson LTA Maverick Wetzell LTA Malcom Esera LTA Anelisa Auelua LTA OPENING: Page 53 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Meeting commenced with Filisita welcoming everyone present and handing it over to Maverick for a recap of last week’s meeting and subject of meeting today. LTA Maverick acknowledged Filisita and thanked MNRE for hosting the meeting at their premises and hand it over to Michael for the days discussion. LTA Michael went on to say that the current project will be within the boundaries as per survey map prepared in the 1970s with a road reserve of 30m. Rouhgton/PLT According to Konelio, during onsite inspections and visual observations as well the information provided by MNRE indicate that the road does not show a 30m road reserve or clearance and that there is occupation at some areas. MNRE Asi suggested the map and plan is old and need to be surveyed again if compensation will be paid. LTA Michael said compensation already paid and overall its just a reconstruction but no widening and the only issue for compensation will be for the easements. MNRE Sala suggested that they have learned from past experience of such cases and it is best for LTA to get a surveyor to find legal boundaries because of occupation. Asi also refer to past cases of such and advises LTA that they should do it properly to avoid delay in construction also World Bank prefers to pay out compensation first before construction. And Compensation cannot be paid out if there’s no proper survey. LTA: Maverick suggested that design should be ready by mid September this year and wanted to know if the map we will be using is legal then we will work according to it and MNRE will accept when we come back after the redefinition survey. WAY FORWARD: It was established that LTA should carry out a redefinition survey immediately as Konelio pointed out there was no redefinition survey in Roughton/PLTs’ TOR. LTA will work out how many surveyors to be attached at this work as to avoid any time wasted. Fit design according to plan and MNRE will deal with the compensation. Discussion for the day moved on to the Easements. Roughton/PLT Konelio pointed out that there are about 27 easements along the WCR using BECA original designs, with proposed, actual and alternative easements. Some existing easements will need to be relocated /redirected as there are new buildings being constructed on site. MNRE Again Asi suggested that a site visit needs to be carried out and that it needs to have a proper survey plan for easements. Sala stated that we should start identifying easements for compensation purposes particularly the potential difficult ones. Page 54 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Asi emphasised on the easements being surveyed and advertise for quotes from surveyors. LTA Michael informed the committee there are 4 surveyors that LTA usually uses their service and will invite them to bid. CONCLUSION: 1. LTA will carry out redefinition Survey for the legal boundaries 2. Site Visit for the easement to be carried out following week within stretch of two days and will organize by LTA. 3. Sala suggested if LTA needs assistance for payment for the surveyors then should contact them as soon as possible and they will assist. NEXT MEETING: Members will be advised the day and time for next meeting. Minutes prepared by Anelisa Auelua of LTA. CONTRACT 1.2.1 REHABILITATION OF WEST COAST ROAD PROJECT AGENDA ITEMS AND MINUTES OF MEETING WITH LTA AND UTILITIES, MONDAY 14/9/15, 2.30pm Present: LTA: Maverick Wetzel (MW), Michael Anderson (MA), Malcolm Esera (ME) PMU: Ofeira Faasau (OF) Blue Sky: Peseta Nafoi (PN), Ronnie Reti (RR) SWA: Jolivette Thompson (JT), Patience Kinnare (PK) RI/PLT: Peseta Konelio Tone (PKT) Apologies: Petaia Mafulele (PM) – SWA Rural Division EPC and Digicel – Invited but non-attendance. MW Welcomed everyone and explained the aim and focus of the follow-up meeting to ensure that Utilities are fully consulted and involved in the preparation of the design for the WCR. PKT  Reiterated that this is the follow-up meeting for all Utilities together with the Client, with the initial full Utility consultation and a number of specific utility provider sessions already conducted.  Stressed the tight remaining time frame for design preparation, and the urgency for the required information to be submitted to ensure that necessary and appropriate considerations are taken into account.  Advised all that the discussion will follow the items set out in the agenda, and handed everyone a copy of a typical WCR cross-section drawing for reference in the discussion of service locations. The typical cross-section shows the existing road (sealed carriageway and unsealed shoulder widths), as well as the proposed road details with sealed carriageway and sealed shoulder widths, verge and drainage swales. Page 55 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 1. Confirm location of existing services and relocation – EPC poles, Bluesky poles, SWA lines/valves/hydrants; PKT  Stressed the need for all the service providers to confirm the locations of their existing services, and where they would prefer to relocate them should they be required to do so. RI/PLT have provided each service provider with a list of possible affected assets and for Utilities to confirm these.  Stressed the need for EPC and Bluesky to identify which utility supply poles are theirs, in particular those that are within 6m from the existing road centreline, as these may require to be relocated. Will have to raise this with EPC at another forum – utility specific.  Also raised the need for the LTA to confirm and agree with the Utilities on what services are to be affected and what mitigation measures are to be implemented, including upgrading, relocation or new installation.  Highlighted also the importance of taking a long term view, with ease of maintenance considerations, minimal impact on new road, as one of the key deciding factors on whether to maintain status quo, relocate, upgrade or new installation.  Stressed the tight time frame required for the Design Consultant to complete the Design and urged the Utilities to provide all the information they have on their assets along WCR and to prepare BOQs for affected assets to be included in the total project costs at the earliest. MW  Supported these points adding that experience from Vaitele Street widening stresses the real need for Utilities to work closely with LTA in design preparation to minimise any un-necessary issues at the Construction stage. RR  Pointed out that Bluesky have an underground line as well as the overhead lines from Saina to the Airport (i.e. full length on the project). Confirmation also that they have provided some information and are in the process of compiling the list of affected assets and the BOQ for the project. PN  Confirmed support that Bluesky will provide the necessary information as required at the earliest. JT  Confirm that SWA have provided some information on their services along WCR and will try and provide the required information including the BOQ for affected assets at the earliest. 2. Incorporate utilities in typical road cross section – agree on where to locate or relocate.  General discussion based on the typical road cross-section with all agreeing that the services need to be outside of the proposed new sealed pavement, at where the 1m verge is or after the verge and within the 20m ROW, for ease of maintenance.  General agreement that Utilities are to propose whether their existing services are to be relocated, particularly water supply due to impact on road, raised and upgrade covers as the case for some Bluesky chambers, or new installation altogether due to impact on existing services.  The BOQs for these affected services will be included in the total costs for the project. 3. Finalise Utilities requirements – overhead or underground requirements;  General discussion on EPC and Bluesky requirements, with focus on Bluesky services as EPC is not represented.  Bluesky confirmed that they require both underground (by the road side) and overhead lines to the customers. Bluesky to look at the number of affected poles for relocation, as well as consideration for their underground line if require relocation.  For SWA, confirmation that their focus is on considerations for relocation, upgrading or new installation, and will provide confirmation on these soon. 4. Confirm the extent of EPC/MNRE arrangement for lights – numbers, specs, etc. Page 56 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1  General agreement that this will have to be discussed between LTA/EPC/MNRE and confirm their requirements.  LTA to organise a meeting with both EPC and MNRE for confirmation. 5. Road crossings – what to do with existing ones and do they need upgrading, proposed locations for new ones, and if common for all or otherwise and what type, etc.;  SWA confirm that they have a number of underground road crossings  Bluesky confirm that they only have overhead road crossings  SWA agree to evaluate the number of crossings that they currently have, and propose if require to be upgraded and also if additional new ones needed.  Bluesky also agree to assess and consider if require underground road crossings.  General acceptance of a common trench and to use a similar approach as done for the Vaitele street widening with the Utility conduits/pipes running along the same crossing where the drainage line is situated. 6. Utilities to provide BOQs for affected services to be included in the total project costs; Both SWA and Bluesky agree to provide the BOQs for affected assets to be included in the Total project costs. 7. Costs implications to be confirmed by LTA on what is covered in the project, and what is the responsibility of the service provider; MW  Stressed that the project has limited funding and would only consider covering costs for relocation of services, with any upgrading and new installations to be covered by the Utility provider. Both SWA and Bluesky pointed out that costs involved would be great and the WCR would need to absorb some costs to make this viable for them. PKT  Advised SWA and Bluesky to prepare BOQs for affected services and considerations for costs will be discussed between the LTA and Utility provider as required. 8. Establish deadline for receiving all these information and data. PKT supported by MW  Stress that time is of the essence and would appreciated if the required information and BOQ for affected assets be provided by each Utility provider by the end of the week  Both SWA and Bluesky agree that they will do their best to provide these by the end of the week MW Thanked all that attended and urged SWA and Bluesky to do their best to provide the required information at the earliest. Attendees Contact Details: Name Organisation/Designation Phone Email Maverick Wetzell Maverick Wetzel LTA – Manager, PMD 7573005 'Michael Anderson' Michael Anderson LTA – PCM, PMD 7722552 ‘Malcolm Esera’ Malcolm Esera LTA – Engineer, PMD 7573006 IPA/PMU – Asst. 20842 or ‘Ofeira Faasau’ Ofeira Faasau Procurement Specialist 7735325 BlueSky – Manager, 'Peseta Nafoi' Peseta Nafoi Technical Division Page 57 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 'ronnie reti' Ronnie Reti BlueSky - Engineer 7500116 Jolivette SWA – Engineer, Asset ‘Jolivette Thompson’ 7504442 Thompson Management Unit SWA – Engineer, Rural ‘Patience Kinane’ Patience Kinane Operations Division CONSULTATIONS WITH FAMILIES ON WCR EASEMENTS - SEPTEMBER 2015 1. DATE: 23/09/15 VILLAGE: VAILUUTAI (approximate chainage: ) VILLAGE MAYOR: LEAITUA TAUA FALEFITU FAMILY: TUTUILA ETI WILLIAMS MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our Consultation Team met with representatives of the family Sava’auli and Manua’e Williams. They are ok with the proposed work. They were also informed of the surveyors who will be surveying the area where the easements are located. 2. DATE: 23/09/15 VILLAGE: FASITOO TAI (Approximate chainage: 4+540.00) VILLAGE MAYOR: SEVEALII VALUNIU FAMILY: FAUMUINA FELISE TOLEAFOA MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our Consultation Team met with the representative of the family Faamuina Felise Toleafoa. We informed him of the proposed work and on the easements and he has no objection to it. The family was also informed of the surveyors who will be conducting surveying work at the easements. 3. DATE: 23/09/15 VILLAGE: FASITOO TAI (approximate chainage: 4+540.00) VILLAGE MAYOR: SEVEALII VALUNIU FAMILY: LEALAISALANOA POUTOA MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our Consultation Team met with the Lealaisalanoa Poutoa who is the High Chief for the family and we informed him of the proposed work and where the pipes will be laid using part of his land and that the pipes will be covered. He gave his support and agreement with the proposed route of the pipes through his land. He was also informed of the surveying that will be conducted by the surveyors on the easements. 4. DATE: 23/09/15 VILLAGE: LEULUMOEGA TUAI (Approximate chainage: 4+540.00) VILLAGE MAYOR: TIATA VAILIGA FAMILY: TAMATIMU SAUILUMA LEALAISALANOA MNRE REP: FILISITA HEATHER and PETA ARIETA Page 58 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Discussed with Tamatimu the proposed work for the road and the easements and that there will be a team of surveyors visiting the easements, doing work on the easements. He expressed his support and acceptance of the proposed work. 5. DATE: 23/09/15 VILLAGE: LEULUMOEGA TUAI (Approximate chainage: 4+794.00) VILLAGE MAYOR: TIATA VAILIGA FAMILY: ANILAU PETAIA MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with the representative of the family, Pe’a Sione we discussed the proposed work on the road and easements. He requested for the easement to be buried all the way to the sea because the current easement is open and when there’s strong flow of water it overflows the easement flooding their front yard. We informed him of the surveyors who will be carrying out some surveying on the easements. 6. DATE: 23/09/15 VILLAGE: LEULUMOEGA TUAI (Approximate chainage: 5+100.00) VILLAGE MAYOR: TIATA VAILIGA FAMILY: MANUAO UGAPO I’U MNRE REP: FILISITA HEATHER / PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with the representative for the family Fenumiai Tugaga, we discussed with him the proposed work and he informed the team of the support of the family. He was also informed of the surveying work that will be conducted by the surveyors on the easement. 7. DATE: 23/09/15 VILLAGE: NOFOALII (Approximate chainage: 6+258.00) VILLAGE MAYOR: ILI TALILAMA GASEATA TAU FAMILY: MATAGITAU SOPA LUI MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with the representative for the family Elena Lui. We discussed with her the proposed work on the road and the easements. The current easement is open, and she requested for some pipes and to have it underground. 8. DATE: 23/09/15 VILLAGE: FASITOO UTA (Approximate chainage: 9+741.00) VILLAGE MAYOR: TAU’AU VE’A ENE FAMILY: MANOA LAMEKO MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Page 59 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Our team met up with the representative for the family Senerita Lameko, we discussed the proposed work with her and she gave the support of her family for the work. She was also informed of the surveying work that will be conducted on the easement. 9. DATE: 25/09/15 VILLAGE: FALEASIU (LEALALII) (Approximate chainage: 9+934.00) VILLAGE MAYOR: FESOLAI TOEASO FAMILY: FIAME SAUVAO MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with the representative for the family, Oliveta Vaeoso and we discussed with her the proposed work on the road and the easements. We were informed by Oliveta that their family has buried the easement because they requested for pipes to direct the flow of the water to the sea but did not receive any. So she was told the easement will go through the same area and pipes will be buried below. She agreed and was also informed of the surveyors who will be carrying out work at the easement area. We were joined by Claire Forbes of World Bank. 10. DATE: 25/09/15 VILLAGE: FALEASIU (LEALALII) (Approximate chainage: 10+373.00) VILLAGE MAYOR: FESOLAI TOEASO FAMILY: SĀ FESOLAI FAMILY MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA We met up with a representative of the family whose shop is beside the easement, Tiresa Fesolai Mose Taouma. She was told of the works for the road and the easement, we asked if there were any problems faced by the family but she told us no. We noticed rubbish being dumped in the easement so we asked her to ensure that rubbish is not dumped in the easement. She was also informed of the surveyors and their work on the easements. We were joined by Claire Forbes of World Bank 11. DATE: 25/09/15 VILLAGE: FALEASIU (SAPULU) VILLAGE MAYOR: MOALA REUPENA FAMILY: APULU ME’I FAMILY MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with Ianeta Suti the representative for the family, we informed her of the proposed work for the road and easement. She told us that there has been no problem with the easement as water flows ok during rainy season. She was advised on the surveyors work as well. We were joined by Claire Forbes of World Bank. 12. DATE: 25/09/15 VILLAGE: UTUALII VILLAGE MAYOR: MOALA S POMARE FAMILY: TALITOELAU DEREK MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE Page 60 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 LTA REP: ANELISA AUELUA We spoke with Talitoelau Derek member of the family and we were told that they covered the easement because it flooded their front yard. The easement was open and they requested for pipes but it never got to them. Talitoelau gave his agreement after informing him of the works that will be conducted to the easement and how there will be pipes this time and it will be covered as well. He was also told of the surveyors visit as well. We were joined by Claire Forbes of World Bank 13. DATE: 25/09/15 VILLAGE: MALIE (Approximate chainage: 18+755.00) VILLAGE MAYOR: FAAMAUSILI SIONE TAUAFAU FAMILY: SATINI PULOU MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with Alofa Satini as representative of the family and she was informed of the work for the road and easements. It’s an open easement and we were informed that when its heavy rain water overflows from the easement and onto their front yard. They were told of the surveyors visit as well. We were joined by Claire of World Bank. 14. DATE: 25/09/15 VILLAGE: MALIE (Approximate chainage: 19+186.00) VILLAGE MAYOR: FAAMAUSILI SIOE TAUAFAU FAMILY: TELE’A GALUVAO MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Representative of the family Seneuefa Tele’a informed us of the problem that they face with the easement, it overflows flooding their land during heavy rain fall. They requested for larger pipes to avoid the overflowing from occurring in future. She was told of the surveyors visit and their work on the easements. 15. DATE: 25/09/15 VILLAGE: MALIE (Approximate chainage: 19+732.00) VILLAGE MAYOR: FAAMAUSILI SIOE TAUAFAU FAMILY: LEULUPOLU NIKO MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with Lagi Parisa representing the family, we informed her of the proposed road work and easements. She expressed her concern on the current easement, when its high tide it comes all the way up to the back of their house. She also requested for some pipes and to have the easement go underground. Lagi was informed of the surveyors visit so that she will be aware of their presence on their land. We were joined by Claire Forbes of World Bank. 16. DATE: 25/09/15 VILLAGE: AFEGA (new @ Approximate chainage: 17+094.00) VILLAGE MAYOR: FATA SAIFOLOI FAMILY: LALAU MASE MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE Page 61 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 LTA REP: ANELISA AUELUA Our Consultation Team first met with the family on the 21st of September 2015, the family was represented by Lalau Mase and her two daughters, she and her daughters were informed on the works for WCR including Easements and the proposed easement on her land, and explaining how her land was favourable and best for the easement as we are trying to relocate the existing easement from its current place because of the Village Pool. And that there was also another possible area but it’s too shallow and does not meet WB standard. The family was informed on the easement based underground and it will be covered, also whatever building or crops affected with the works will be reinstated and crops compensated. The family’s bathroom is located right at the area that is needed for the easement. Lalau expressed her concern on the risk of the easement and drainages being overflow because that’s what they have experienced in the past during rainy season, and it flows onto their land. However Peseta explained that they have carried out investigations and surveys of the area and the pipes can withhold overflowing as raised by Lalau. Our team were then told of two rivers further inland to the village which flows from Leauvaa, Levi and Tuanai which connects to another river further inland of the village. He mentioned they have always been affected when these river overflow as it runs all the way to the road and therefore affect the families on the coastal area of the village. Peseta then responded that the cause of the flooding as mentioned by these streams/creeks should be addressed first because that is the cause to the flooding and advised the village Mayor to prepare a letter to inform the concerned Government Ministries of the problem they are facing. On our initial meeting Lalau told us to come by again her place sometime that week to get their response because she needed to discuss it with her children. On the 25th of September we visited the family again and we were told that they have agreed on the proposed easement to be located at their land. 17. DATE: 29/09/15 VILLAGE: FALEULA (Approximate chainage: 20+070.00) VILLAGE MAYOR: LEASO SEFO FAMILY: LANCE MULIAGATELE MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with Lance and his wife and we discussed with them the works for the road and easements. He expressed his disappointment with the easement and how it has affected his land and he requested for pipes and have it underground. 18. DATE: 29/09/15 VILLAGE: PUIPAA (Approximate chainage: 23+388.00) VILLAGE MAYOR: LEAOANIU PATOLO SASAULI FAMILY: PUIPUI FATU MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Our team met up with Puipui Fatu and he was informed of the works on the road and easements for WCR. He told us that his family has supported the work and asked to have it on the boundary with their next door neighbour. 19. DATE: 29/09/15 VILLAGE: PUIPAA (Approximate chainage: 24+244.00) VILLAGE MAYOR: LEAOANIU PATOLO SASAULI Page 62 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 FAMILY: TUPU MARGRAFF MNRE REP: FILISITA HEATHER and PETA ARIETA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Met up with Tupu Margraff and he was informed of the road and easement work for the WCR. He told us that they are greatly affected during heavy rainfall and the rear side of the easement is higher than the front side. 20. DATE: 01/10/15 VILLAGE: FALEULA (Approximate chainage: 21+348.00 & 21+537.00) VILLAGE MAYOR: LEASO SEFO CHURCH: METHODIST CHURCH ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA We met up with the President of the Methodist Church of Samoa Rev Apineru Lafai and he was informed on works for the road and easements along the WCR and he gave his church’s support. He was also informed of the surveyors visit to the premises for their work on the easements. 21. DATE: 01/10/15 VILLAGE: TUANAI (Approximate chainage: 16+775.00) VILLAGE MAYOR: LOGO F FUTIALO CHURCH: CATHOLIC (St THERESE) ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA We met with the Chairman of the Lands Committee for the Catholic Church of Samoa and informed him of the WCR works for the road and easements. He was given a copy of the alignment of the easement on the Church’s land at Tuanai. He was also informed of the surveyors work on their premises for the easement. 22 DATE: 01/10/15 VILLAGE: FALEULA (Approximate chainage: 20+447.00) VILLAGE MAYOR: LEASO SEFO CHURCH: FALEULA CATHOLIC CHURCH ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA We met up with the Chairman of the Church Tuala Henry Silva and we informed him of the WCR works for the road and easements. He requested the easement to be covered for the safety of the children during rainy season and to protect them from falling in. He was also informed of the surveyors who will be working on the easement on their premises. 23. DATE: 01/10/15 VILLAGE: PUIPAA (Approximate chainage: 23+388.00) VILLAGE MAYOR: LEAOANIU PATOLO SASAULI FAMILY : VEATAULIA TAGALOA LENI ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA We met up with Veataulia Tagaloa Leni who is the representative of the family and we discussed the road and easement work for WCR. We asked Veataulia for permission to have the easement put further to his land as the next door neighbour has settled on the easement. They accepted our request and gave their Page 63 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 support for the work. They were advised that their crops will be compensated but there will be no compensation for the land used. They were also informed to expect surveyors conducting work on their premises. 24. DATE: 01/10/15 VILLAGE: PUIPAA (Approximate chainage: 22+358.00) VILLAGE MAYOR: LEAOANIU PATOLO SASAULI FAMILY : PUNI IOELU ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Met up with Filisoanuu Ioelu the representative for the family, and informed him of the road and easement work. He informed us of the problem that they face during heavy rain, their front yard is always flooded and requested pipes to divert the flow of water and to be placed underground. He was also informed of the surveyors who will be conducting work on the easement. 25. DATE: 01/10/15 VILLAGE: MALIE (Approximate chainage: 19+376.00) VILLAGE MAYOR: FAAMAUSILI SIONE TAUAFAU FAMILY : TINEI FILIMAUA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Met up with Tinei Filimaua and discussed with her works on the road and easements. She mentioned the easement is shallow and requested for pipes and to have it go underground. 26.DATE: 01/10/15 VILLAGE: FALEULA ((Approximate chainage: 20+310.00) VILLAGE MAYOR: LEASO SEFO FAMILY : TUILIMU VAITOFIGA ROUGHTON / PLT REP: PESETA KONELIO TONE LTA REP: ANELISA AUELUA Met up with Tuilimu Vaitofiga, he told us that there is no problem faced by them but he requested the chamber/dome covers to be replaced and he has a total of 4 chamber/dome covers on their property to be replaced. He was told to expect surveyors who will be conducting work on the easement. Page 64 Annex 3: Crops Count on Easements and their Valuation by Beneficiary CROPS AFFECTED Bananas Breadfruit Mango Esi Guava Lemon Pineapple Pandanus Giant Taro Taro Talie Beans Poumuli Laupele Cassava Soursop Nonu Orange Coconut Beneficiary Village Levi Tulaga Foe - 2 1 - - - 8 - - - - - - - - - - - Saleimoa 0 40 20 0 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 $100.00 Levi Failalo Paulo - - 1 - - - - - - 1 - - - - - - - 3 Saleimoa 0 0 20 - - - - - - - 50 - - - - - - - 300 $370.00 Tuanai Gatoaitele - 1 - - - 1 - - 16 - - - - - - - - 1 Taeipo Aiolupotea - 20 - - - 5 - - 64 - - - - - - - - - 100 $189.00 Afega Elevise Iese - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $0.00 Malie Salilo Satini 15 1 1 - - - - - - - 1 1 - - - - - - 195 20 20 - - - - - - - - 3 20 - - - - - - $258.00 Malie Faalagilagi 5 - - - - - - - - - - - - - - - - - Leupolu 65 - - - - - - - - - - - - - - - - - - $65.00 Malie Tele’a Galuvao - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $0.00 Malie Seiuli Alualu - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $0.00 Malie Tagaloa Ieti - - - - - - - - - - - - - - - - - - - - - $0.00 Malie CCJS (EFIS) - - - - - - - - - - - - - - - - - - - $0.00 Faleula Lance 7 5 - - - - - 2 - - - 2 - 2 - - - - Muliagatele 91 100 - - - - - 40 - - - - 40 - 40 - - - - $311.00 Faleula Tuilimu Vaitofiga - - - - - - - - - - - - - - - - - - Page 65 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 - - - - - - - - - - - - - - - - - - - $0.00 Faleula Catholic Church - - - - - - 6 5 - - - - - 5 1 4 - 6 - - - - - - 30 100 - - - - - - 100 20 80 - 600 $930.00 Faleula Methodist - - - - - 1 - - - - - - - - - - - - - Church 1 - - - - - 5 - - - - - - - - - - - - - $5.00 Faleula Methodist 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $0.00 Puipa’a Herman Retzlaff - 7 - 2 1 - - - - - - - - - - - - - - 140 - 40 5 - - - - - - - - - - - - - - $185.00 Puipa’a Filisounu’u Ioelu 10 1 1 - - - 2 - 18 2 - - - 8 - - - - - 130 20 20 - - - 10 - 72 6 - - - 24 - - - - - $282.00 Puipa’a Ulu Elia Ulu - - 1 - - - - 10 - - - - - - - - - 1 4 Mose - - 20 - - - - 200 - - - - - - - - - 5 400 $625.00 Puipa’a Tualafo Tagaloa 15 2 - - - - - - 5 - - - - - - - 5 - 1 Leui 195 40 - - - - - - 20 - - - - - - - 100 - 100 $455.00 Toamua Leatogie Anoai - - - - - - - - - - - - - - - - - - - Bedebone - - - - - - - - - - - - - - - - - - - $0.00 Toamua Tupu McGraff - - - - 1 - - - - - - - - - - - - - - - - - - 5 - - - - - - - - - - - - - $5.00 Beneficiary Giant Taro Breadfruit Pineapple Pandanus Village Bananas Poumuli Coconut Soursop Cassava Laupele Orange Mango Lemon Guava Beans Nonu Talie Taro Esi Totals 52 19 5 2 2 2 16 17 39 2 1 1 3 8 7 1 9 1 15 Rate per crop type ($) 13 20 20 20 5 5 5 20 4 3 50 3 20 3 20 20 20 5 100 Cash compensation/crop 676 380 100 40 10 10 80 340 156 6 50 3 60 24 140 20 180 5 1500 $3,780.00 $3,780.00 Page 66 Annex 4: Social Beneficiary Survey – WCR GOVERNMENT OF SAMOA Land Transport Authority Social Beneficiary Survey for Enhanced Road Access Project and Enhancing the Climate Resilience of the West Coast Road Project March 2015 Sections of Report on West Coast Road 3.3 West Coast Road The West Coast Road (WCR) is the main road which links Apia Urban Centre to the Faleolo International Airport and the Mulifanua Wharf. The area which is included in this survey starts at Atone road (Vaitele) finishing at Faleolo International Airport and is very close to the sea for the area in the survey. This road segment includes 20 villages spread across 7 constituencies. The survey team managed to interview 188 respondents in total. Below is a table which breaks down the number of households surveyed in each village and their territorial constituencies. Village Name Constituency Number of Surveys Saina Faleata West 6 Toamua Faleata West 15 Puipa'a Faleata West 8 Faleula Sagaga Le Falefa 10 Malie Sagaga Le Usoga 15 Afega Sagaga Le Usoga 8 Tuana'i Sagaga Le Usoga 13 Leauva'a Gagaemauga #1 12 Saleimoa Sagaga Le Falefa 14 Utualii Sagaga Le Falefa 7 Tufulele Sagaga Le Falefa 4 Faleasiu AanaAlofi #1 12 FasitooUta AanaAlofi #1 13 Nofoalii AanaAlofi #2 10 Leulumoega AanaAlofi #2 7 Fasitoo Tai AanaAlofi #3 10 Vailuutai AanaAlofi #3 8 Faleatiu AanaAlofi #3 3 Satapuala AanaAlofi #3 10 Faleolo AanaAlofi #3 3 TOTAL: 188 Table 1: Breakdown of number of households surveyed and their territorial constituencies 3.3.1 Household Information As the Survey Team found throughout the survey, much of the information in this category is deemed quite sensitive and hence a relatively large percentage of respondents were unwilling to answer. Of the road segment under survey (some 26km), 73% is customary held, 15% is freehold; and 11% did not answer the question. Data collected showed that even though households were selected randomly, a large percentage - Page 67 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 72% of the respondents are female. Forty-eight percent of the respondents are over the age of 51; 43% are non-economically active; 33% of the respondents refused to answer; 12% are employees and 8% are self- employed; 1% are engaged in subsistence produce; and 1% are unemployed. When asked about education, 72% did not answer the question, however, we managed to gauge that from those who did answer the question (only 28%),23% of the 28% attained secondary school education;4% tertiary education and 1% primary education. Forty-one percent of households along the WCR have between 1-3 children; 34% have 4-6 children and 12% have 7-10 children. Four percent of the households have 11+ and 6% of the households have no children living in their households. As for the number of dependents; 36% of the 188 households surveyed have 4-6 dependents, 27%have 7-10 and 23% with 1-3 dependents. Thirteen percent of households have 11+ dependents and 1% did not answer. Twenty-four percent of all WCR respondents are the Head of their households; 21% are the spouse of the Head of the household, and in 24% of the cases we interviewed the son/daughter of the head of the household. The household sizes are generally large along the WCR. 39% households in this survey had 7-10 people sleeping in the homesteads on a regular basis. Twenty-eight percent of households have 4-6 members and 25% of respondents have 11+ members. Fifty-one percent of the total households under survey had 1-3 secondary school-aged residents with26% of households having 4 -6 members and 5% of households with 7- 10. Three percent of households had 11+ members and 14% of households do not have any secondary school aged children. Due to the fact that a lot of the land along the WCR is customarily held; most of the families have lived in the area all their lives – 82% of households said that they have lived in the area more than 20 years; for those who have lived on the WCR for less than 20 years, more often than not, the respondent has married into the family whose homestead is in the survey. 81% of the families have always lived here; 2% of respondents moved in from overseas; 1% from Savaii; 1% from the rest of Upolu; and 1% from the Apia Urban area. 5% moved in from North West Upolu. Residences for 80% of the survey population on the WCR are less than 50 paces from the Main Road. Sixteen percent are located 50-100 paces from the Main Road and 2 % are over 100 paces from the Main Road. Estimated monthly incomes for the WCR residents are varied – 20% claim to earn $1000+; 5% earn between $751 - $900; 3% between $601 - $750; 12% between $451 -$600 and 29% who fell below $450 per month. When asked about the number of disabilities – 19 families had disabled members living in their homesteads, namely in the villages listed in the following table. VILLAGE No. of Disabled Persons WCR Toamua 1 Puipaa 2 Afega 2 Leauvaa 3 Saleimoa 2 Utualii 2 Tufulele 2 FasitooUta 1 Nofoalii 1 Leulumoega 1 Fasitootai 2 TOTAL: 19 3.3.2 Household Income and Expenditure Page 68 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 The bulk of the sources of income was from Salaries (43%); general store takings/taxi operator takings/pensions (other) and 20%; and 22% also rely on members not living in the homestead.Nine percent of income comes from road side stall sales and 5% comes from produce sold at the market. Most respondents did not want to reveal who the income earners were/are. Fifty-three percent of respondents did not answer this question and in a lot of cases there was more than one income earner – so, 18% of all households said the head of the household was one of the economically active, 6% said spouses of the head of the household; 32% said son/daughter of the head of the household. In 3% of households it is the in-laws who earn income for the family. The top three expenses for the WCR households are food (94%), Power and electricity (65%) and family village and church obligations (58%). Other expenses named are (in order of popularity) Education (28%); Transport (26%); Water (14%), other (4%), clothing (4%), Health care (3%), House (1%); no answer (1%). Twenty-six percent of the WCR respondents spend more than $70 on transport; 13 % spend $30-$50; 25% spend $10-$30 and 14% spend $10 - $30. 3.3.2 Household Transport The most common mode of transport used by respondents is the Public Transport (47%); 36% drive their own cars; 10% walk and 4% use bicycles. Only 12% of respondents own bicycles and 48% own motor vehicles. Sixty-three percent said that the condition of the road does not influence their decision to own a motor vehicle. Eighty-five percent of the respondents do not work; of those who do work, 40% use public transportation to get to their workplace. Forty-nine percent drive their own car and 14% walk. Two percent of respondents (who work for the Samoa Airport Authority and Aggie Greys Resort) go to work in a vehicle provided by their employer. Sixty-three respondents travel more than 200 paces to their workplace, 16 travel less than 50 paces; 5 travel 50-100 paces and 6 travel 100-200 paces. There does not appear too much difference in time taken to get to work either in the dry or the wet season with 62% indicating that travelling on the WCR as not very comfortable (57%) to very uncomfortable (5%). Eight percent did not answer and 30% found it comfortable (29%) to very comfortable (1%). An alarming 84% find travelling by foot on the WCR as not very safe (34%) to very unsafe (50%) and only 14% say that it is safe. There is a split when asked about whether the main road would benefit from improved lighting -43% said yes and 43% said no – 7% did not know and 7% did not answer. 3.3.3 Road Transport Overview Fifty-seven percent of respondents said that the WCR is in a poor condition with 7% saying that it is in a very poor condition. Thirty-seven percent said it was in a reasonable condition and only 3% said that is in a very good condition or good condition. The three most popular answers given by the WCR respondents of the problems pertaining to the Main road are - inadequate space for pedestrians and bikers (60%); too rough for driving (53%); too many potholes (51%). Other problems mentioned was the road maintenance improvements fail (25%); too dusty (23%); Other (22%) –a lot of the answers were to do with no proper driveways in front of shops and sometimes houses that turn off from the main road. Fourteen percent of respondents felt that the road was of very poor surface and 10% thought that it was not good as the road is not regularly maintained. Five percent thought that the drains are not maintained and does not serve its purposes as it should. Page 69 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 2% Don't know 1% 22% Inadequate space for pedestrians/bikes/animals 60% 3% Road floods as a result of high tides, tidal surges… 3% 5% No drains 2% 25% Road is not regularly maintained 10% 23% Too rough for driving 53% 51% Poor road surface e.g. the road is not sealed 14% 0% 10% 20% 30% 40% 50% 60% 70% Figure 1: 3 most popular answers for problems on main road for WCR residents In describing the road during the wet and dry seasons, numbers for “very poor condition" doubled from 9% of respondents in the dry season to 18% of respondents in the wet season. This data gives the indication that roads which are seen as in a 'poor condition' can rapidly turn into a 'very poor condition' road after rainfall - this is quite evident after heavy or prolonged rainfall, as there are a few areas which almost always wash away according to respondents – areas at Saina, Faleula, Malie, Afega, Tuani, Levi Saleimoa, because of poor drainage. In a lot of instances, the problem areas occur at junctions where the village access roads meet the main road. 50% Dry Season Wet Season 45% 40% 43% 45% 44% 35% 30% 37% 25% 20% 15% 10% 18% 5% 9% 1% 2% 1% 0% Figure 2: Condition of road in the different seasons Thirty-five percent of respondents travel on the Main Road in a motorized vehicle twice a day; 27% of respondents once; 6% of respondents 3 times daily; 3% of respondents travel on the main road 4 times daily and 10% of respondents use the Main Road in a motor vehicle 5+ times a day. Seven percent answered weekly and 3% answered that they never travel by motor vehicle on the main road, while4% didn’t know and 10% didn’t answer. Most of the respondents spend 5 minutes -1/2 hour on the roads daily in a motorised vehicle; 66 said ½ hour -1 hr, 15 said 1 -3 hours and 7 people said they spend more than 3 hours on the road ( they are mainly taxi or bus drivers). Their usual purpose for travelling by motorised vehicle on the main road is -55 respondents said they go to the market to buy produce/livestock or handicrafts, 53 said ‘Other’ usually personal obligations, Page 70 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 taking younger children to and from school and going to draw pension. 45 respondents say that they go to work; 35 say going to school and 20 said visiting the hospital. Fifty-two percent of respondents (the majority) said that they travel daily on the Main Road; mostly spending 5 minutes - ½ hour travelling on foot. Forty-one percent of all respondents stated that their main reasons for travelling are village or church and family obligations, while36% of respondents said that they go to the market to buy produce, livestock and handicrafts and exercise; 12% said ‘going’ to school and 7% said visiting friends and family. Concerning travel to Apia, 22% said they travel to Apia everyday, 27% said once a week and 26% said more than once a week. Sixty-three percent travel using public transport and 36% drive their own car. The high usage of public transport would highlight the need for proper bus stops, road signage and speed bumps. Focussing on women travel patterns, 30% of respondents said that the women in their household travel more than once a week to Apia, 29% said every day, and 23% said once a week. With regards to their mode of transport – 66% said that the women use public transportation; 33% said that they drive own car; 2% are driven in a friends or relatives car. Eight-three percent of respondents are willing to contribute to road works mostly with labour,6% said ‘maybe’ and 4% did not answer. Generally traffic thins out the further you move away from Apia Urban Centre. Thirty-five percent respondents said that their traffic is very heavy along the main road; 38% said traffic is heavy and 10% report medium traffic levels. Sixty percent of respondents said that the main road is always passable –but as aforementioned, there are pockets of patchy areas which make travel to Apia slower and more arduous. 3.3.4 Focus Group: Trade Store Owners The Survey Team interviewed 12 general store owners – 3 males and 9 females. They stated that they move goods daily along the West Coast Road. 3 trade store owners own vehicles to move goods – 1 travels by public transport – mostly taxis at the cost of ST$5 for a one way trip to Vaitele from his store. The other 2 shop owners depend on wholesaler’s deliveries which are free. Four of the respondents move only food items; 1 moves only non-food items (garage sale); 5 respondents move both food and non-food goods and 2 did not answer the question. When asked if they had any other sources of income for their families (other than their trade store), 1 said that they had a farm to subsidise earnings from their shop; 1 said that they have family members in the seasonal labour scheme; 2 said that their families also receive money from family members not residing in their homestead and 1 is subsidised by her husband’s salary. 7 respondents did not answer the question. 8 respondents said that they have other family members earning income, and 4 said that they did not, and that their only source of income is their family store. We then asked what they saw as benefits of an improved road/bridge. 9 of the respondents said easier and faster movement; 3 said reduction in transportation cost; 1 said that there would be no changes at all, and 1 did not answer. The causes for most safety concerns according to the respondents are that the main road is too rough (8); drivers speeding (5); the main road not having adequate space for pedestrians and bikes (5); the main road is too dusty (4); footpaths and proper kerbing for cars to turn in to their houses (5); 1 said no drains/drains not maintained; 2 said that the road floods; 2 said drunk drivers; 1 said no street lighting; and 2 said no line markings. When asked what road features is most important to them, 7 said speed humps; 5 said footpaths; 5 said bus shelters; 4 said drains/drainage; 4 said proper driveways in to their properties; 3 said street lighting; 3 said road safety signs; 2 said pedestrian crossings; and 1 each said policing and emergency phones near bus shelters are important to them. Page 71 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Two respondents said that they have been involved in traffic accidents – both of them being hit by drunk drivers; and all respondents said that no one in their family has been involved in a traffic accident on the main road. 3 said that they have not received information about road safety. The rest say that they have received information about road safety from the Land Transport Authority advertisements on television and radio and also the Ministry of Police. 3.3.5 Environment With respect to the environment, 23% said that there is no dust;38% said that dust causes some problems for them and 34% said that dust is a very big problem for them - particularly in areas of unsealed road shoulders. Thirty-four percent said that the dust was bad enough to cause health problems. Thirty-four percent of respondents said that their families have a well for their water; 15% said that their well is affected by run-off and /or dust from the road and enters and contaminates their water supply. With regards to exhaust fumes, 37% said that there are no exhaust fumes. 51% reported varying degrees of problems with exhaust fumes – 27% said it caused problems, 21% said it is a big problem for them and 3% said it is a very big problem. Twenty-four percent said that the exhaust fumes problem was bad enough to cause health problems. A number of the expressed that there is a real need for sealed road shoulders to minimise the dust. Forty-nine percent of respondents said their rubbish is collected once a week; 30% said every other day and 9% said less than once a week. Problems are faced when rubbish is not collected regularly. The main 3 being that animals are attracted to the rubbish (61%); unpleasant odours are produced from the rubbish (37%); and that the village looks unpleasant (41%). Here, often rubbish is strewn all over the roadside because animals rip the trash bagsor a mound of rubbish on the rubbish stands are an eye sore. Twenty-five respondents said that there are areas of cultural significance along the WCR – Toamua, Faleula, Malie, Leauvaa, Tufulele (including their main water source), and Leulumoega. 3.3.6 Health Sixty-seven percent of respondents said that they had visited a health centre in the two months prior to the Survey. Only 24% said that they visit traditional healers. Ten percent of respondents said that they visit every couple of weeks; 5% said they visit more than once week; 4% visit every half year and 3 % visit a traditional healer yearly. Their reasons for visiting are mostly for emergencies and having their children treated for local tropical diseases. Both the health centres and traditional healers are accessible only from the Main Road. Residents along the WCR have relatively quick access to hospitals as there is a district hospital at Leulumoega and another opposite the Faleolo International Airport. Forty-seven percent of respondents can reach a health centre within 5 minutes – ½ hour. For 24% taking one-half hour to 1 hour (if heading to the Main Hospital in Apia). To travel to hospital 38% drive their own cars; 10% take taxis; 26% go in buses, 5% are driven in someone else’s car and 7% walk. 3.3.7 Schooling Eighty-six percent of respondents have children in their house hold who attend school with 36% answering that their children walk to school,31% use public transportation and 21% are driven to school in their family cars. Forty-nine percent of respondents said that the boys and girls use the same mode of transportation to get to school and 32% said that they did not. However, this was more due to age rather than gender. The difference in time to get to school was quite significant during the different seasons. Page 72 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 DRY SEASON WET SEASON 60% 55% 51% 50% 40% 30% 24% 20% 14% 14% 14% 12% 7% 10% 3% 2% 0% 2% 1% 1% 0% Figure 3: Time taken for school children to get to school in the different seasons All but three of the respondents said that the schools their children attended were accessible only from the Main Road. Given that 14% of respondents do not have school aged children in their house hold; the number of respondents who answered that their main road is not safe for school children is quite high – only 30% said that the roads were safe and 54% deemed the road unsafe to very unsafe. 3.3.8 Focus Group: Schools (West Coast Road) Six schools located along the West Coast Road were involved in this Survey – 4 primary schools and 2 secondary schools. We spoke to 3 female and 3 male respondents. All except 1 (Nuuausala College) are located on the Main Road. Class sizes are large – averaging 40 – 65 students per class. The most prominent concern for WCR schools is that drivers drive too fast (6); 3 are concerned that there are too many drunk drivers on the roads; 2 said that the main road is too rough; 2 said that there are problems with people walking in the middle of the road; 2 say that there is inadequate space for pedestrians. 1 says that the road floods and 1 says that there is no street lighting. 4 schools have problems with students not coming to school because of transport-related difficulties (namely distance and expensive fares). Road features important to the respondents are speed limits on the roads (5); 4 respondents say footpaths; 3 say that road safety signs are required. Other features mentioned are street lighting (2); drainage (1); speed bumps (1); bus shelters (1) and pedestrian crossings (1). None of the respondents have been involved in a traffic accident on the main road; only Afega Primary School has noted road accidents involving students. All schools say they receive information on road safety except one, Nuuausala College, who say that they do not. Comments how an improved main road would affect their school the most include all 6 respondents saying that they will have a faster travelling time; all of them also said they will have better access to services – health centres, shops and schools. 5 said there would also be a decrease in travel costs. 3.3.9 Safety on the Roads An overwhelming 93% consider road safety an issue on the WCR. The top 3 main concerns are - drivers driving too fast (77% of respondents); inadequate space for pedestrians/ bikers and animals. (62%), and the main road is too rough (55%). Page 73 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 No answer 1% Other 7% Inadequate space for… 62% People walking in the middle of the road 4% No line markings 5% No street lighting 7% Drivers drinking alcohol and driving 17% Drivers drive too fast 77% Landslides or falling rocks 1% Road flooded 3% No drains/drains not maintained 10% The main road is too dusty 30% The main road is too rough 55% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Figure 4: Top 3 main concerns of WCR residents The top three road features most important to respondents are footpaths (80%), speed humps (60%); bus shelters (40%). 90% 80% 80% 70% 60% 60% 50% 40% 40% 30% 30% 17% 17% 17% 20% 13% 13% 10% 5% 1% 10% 0% Figure 5: Top 3 road features according to WCR residents Twenty-one percent have been involved in a road accident and 16% have had someone in their household injured in a road accident. Eighty-two percent say they receive information on road safety, predominantly from LTA ads on TV and radio and Police. The top three improvements to the main road which would affect households the most are – faster travelling time, (86%), better access to services (82%) and women able to travel more easily (47%). Page 74 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Annex 5: Crop Compensation Rates Compensation Rates Used by LTA for Vaitele Street Road Widening – 2015/2016 CROP NAME RATE Coconut $100.00 Taro $3.00 Banana $13.00 Cocoa $30.00 Ta'amu $4.00 Poumuli $20.00 Breadfruit $20.00 Mango $20.00 Nonu $20.00 Tamaligi $20.00 Esi/ Pawpaw $20.00 Pineapple $5.00 Niu Kuma $20.00 Paogo/Laufala $20.00 Pumpkin $3.00 Laupele $3.00 Kuava $5.00 Kipolo $5.00 Ufi $20.00 Talie $50.00 Avoka $20.00 Manioka $20.00 Teuila $10.00 Vavae $30.00 Isalaelu $10.00 Page 75 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Annex 6: Consultations with AP’s During Inventory of Losses – 7 December, 2017 and 9 March, 2018 During the conduct of the IOL, further consultation took place with AP’s, both in identifying land boundaries and survey markers put down by Project surveyors to identify the easement areas, and also in the counting of crops and productive trees affected. Some of the easements however, were devoid of any crops or productive trees or assets of value. In these cases, no consultation was required. In the consultations for IOL, the following were the main issues raised by AP’s – (i) When is the project starting? (ii) How is compensation to be paid? (iii) Making sure the name of the beneficiary is correct (iv) Unanimous support for the proposed placement of drainage pipes underground. (v) Assurances that reinstatement of assets – including green fences or hedges - are to pre-prject condition (vi) Expressing general support for the Project and the Government The following section summarises consultations undertaken with some AP’s during the IOL exercise. 1. Date : 7 December, 2017; Consultations with Failalo Paulo, Levi Saleimoa, landowner This consultation was both to reaffirm the extent of land taking involved with the AP, with the surveyors already having planted the land markers making the extent of the road reserve, and to identify and count any crop, productive trees and other assets affected. During the discussions, the landowner reminded (he had in earlier consultations informed LTA of this gift) LTA that he had gifted part of the affected land to the next- door church. He expressed the view that any compensation for land and crops on that gifted land should go to the Church and not him. Following deliberation later on, MNRE and LTA decided that since the gifted land was never formalized, the landowner remains the legal owner of the affected property and the crops, and so should remain the beneficiary for the compensation for land and crops owed. He can pass on the compensation money to the Church in full or in part, as he wishes. 2. Date: 7 December, 2017 : Consultation with Etevise Iese household, Afega. This is a new easement and the AP had previously been consulted and had agreed to the easement alignment, which will directly affect his family’s outdoor shower/toilet facility directly and septic tank. During the IOL exercise, this agreement was reaffirmed including the AP’s preference of having the asset reinstate as opposed to receiving the compensation amount as per LTA’s valuation. The AP was reassured that the reinstated facility will be of a standard better than the existing one. The AP’s family was also updated on the likely dates for road construction to start. During the consultation, the AP’s indicated where they would like the outdoor shower/toilet relocated to, which in our assessment, would not pose any problems with the Contractor. 3. Date 9: March, 2018 : Consultation with Catholic Priest, Faleula Catholic Church The easement in the Faleula village is immediately to the east of the Catholic parish church. The IOL Team visited the residence of the priest immediately behind the church. The Church has a committee with a President that deals with issues of land and other church assets. The President was not available but the priest – also a member of the Committee – met with the team and assisted the team in pointing out crops Page 76 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 and trees. The easement borders the church land and a neighbouring property, but the affected productive trees belong only to the church. There were no issues of contention other than confirming that any compensation will be in the name of the Church – Faleula Catholic Church. 4. Date: 9 March, 201 : Consultation with AP’s (Filisounuú Ioelu and other members of his household) in Puipaá This is an existing easement but slightly widened to provide sufficient space for the pipeline. With the surveyors not available on site on this day, the AP’s assisted with trying to locate the land markers, which took some time but were finally located. The new widened easement lies over the boundary previously only marked by trees and is more straight in its alignment, changing directly diagonally about 100m from the coastline to the nearest point where the sea comes into the coastline. The old drain path didn’t follow the exact path of the old easement in some places, with the waterway visibly veering in and out of the easement into land owned by two different landowners. Both customary landowners were available and assisted LTA in the IOL. Each coconut and other productive trees within the new widened easement were identified and discussed with ownership agreed to between the two landowners. There were questions asked about when compensation will be paid, how much per tree/crop, and under whose name for which the LTA team provided answers. 5. Date: 9 March, 2018 : Consultation with AP (Taulafo Tagaloa Leui) in Puipaá This easement runs through one landowner’s property. The AP’s are not landowners, but are members of the landowners’ extended family. They owned the crops that were affected which meant the AP’s, not the landowner, are the beneficiary for the compensation monies. The AP’s recently built a lean-to shelter next to the easement, which they pointed out, was located to avoid interfering with the easement. 6. Date: 9 March, 2018 : Consultation with AP (Property Manager for Herman Retzlaff who now lives in NZ) in Puipaá This is an existing easement but which over the years the landowner and his family have built structures ( two apartment for rent) very near to, with the septic tank serving two apartments directly in the path to the outfall. The project design showed that septic tank is unavoidable and needs to be relocated. A few productive trees have also been planted within the easement alignment. The landowner lives in New Zealand and wasn’t available but his property manager was, and he agreed to relocating the septic tank. There is sufficient space between the two rental property into which a new septic tank can be relocated including the piping and this location was agreed to. The crop count was completed and the landowner’s representative was informed that the septic tank will be fully reinstated during the project construction to the identified location and the work will be expedited to ensure any impact is minimized. ************* Page 77 Abbreviated Resettlement Action Plan: West Coast Road Project – Package 1 Annex 7: MNRE Land /Assets Valuation Report 2018 Page 78