Resettlement Framework August 2019 Kiribati: South Tarawa Water Supply Project Prepared by the Ministry of Infrastructure and Sustainable Energy for the Asian Development Bank and World Bank. 1 ABBREVIATIONS ADB Asian Development Bank APs Affected Persons ARAP Abbreviated Resettlement Action Plan (for the purposes of this document these are the same as the RP) BSR Basic Schedule of Rates CEF Compensation and Entitlement Form DMS Detailed Measurement Survey EA Executing Agency GoK Government of Kiribati FGD Focus Group Discussions HH Households IA Implementing Agency IOL Inventory of Losses LAR Land Acquisition and Resettlement LMD Land Management Division (within MELAD) M&E Monitoring and Evaluation MC Magistrates Court MELAD Ministry of Environment, Land and Agricultural Development MFED Ministry of Finance and Economic Development MISE Ministry of Infrastructure and Sustainable Energy PIB Project Information Booklet PMU Project Management Unit PUB Public Utilities Board RF Resettlement Framework RP Resettlement Plan (for the purposes of this document these are the same as the ARAP) SES Socio Economic Survey SPS Safeguard Policy Statement STWSP South Tarawa Water Supply Project TA Technical Assistance WB The World Bank/IDA The resettlement framework was prepared by the Government of Kiribati. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank and World Bank does not intend to make any judgments as to the legal or other status of any territory or area. 2 CONTENTS I. INTRODUCTION .............................................................................................................. 4 A. Background........................................................................................................... 4 B. Project Description ................................................................................................ 4 C. Resettlement Impacts ........................................................................................... 9 II. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS..................................... 10 A. Objectives and Principles .................................................................................... 10 B. Legal Framework ................................................................................................ 11 C. Comparison between ADB’s and WB’s Land Acquisition and Involuntary Resettlement Policy Requirements and Those of the Government of Kiribati ..... 14 D. Strategies for Bridging Gaps between the GoK and ADB/WB Policies ................ 20 E. Involuntary Resettlement Categorization and Measures to Avoid and Minimize Involuntary Resettlement..................................................................................... 21 F. Number of Affected Persons and Level of Physical and Economic Displacement 21 G. Eligibility Criteria and Entitlement for Affected/Displaced Persons ....................... 21 III. SOCIOECONOMIC INFORMATION .............................................................................. 27 A. Land Ownership Status Review .......................................................................... 27 B. Land Surveys and Measurements ....................................................................... 27 C. Census of Affected People and Inventory of Affected Assets .............................. 27 D. Baseline Socioeconomic Survey ......................................................................... 28 IV. FORMULATION OF RESETTLEMENT PLAN OR ABBREVIATED RESETTLEMENT PLAN .............................................................................................................................. 28 A. Preparation of Resettlement Plan (RP) or Abbreviate Resettlement Plan (ARAP)28 V. CONSULTATION, PARTICIPATION, AND DISCLOSURE ............................................. 29 A. Mechanisms for Meaningful Consultations .......................................................... 29 B. Institutional Responsibilities for Public Consultations .......................................... 32 VI. COMPENSATION, INCOME RESTORATION, AND RELOCATION .............................. 32 VII. GRIEVANCE REDRESS MECHANISMS ....................................................................... 33 VIII. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ..................................... 35 A. Government Agencies and Organizations ........................................................... 35 B. Organizational Procedures for Delivering Entitlements........................................ 36 C. Implementation Process and Schedule ............................................................... 37 IX. BUDGET AND FINANCING ........................................................................................... 38 X. MONITORING AND REPORTING .................................................................................. 39 Annex 1...................................................................................................................................... 40 Annex 2...................................................................................................................................... 41 Annex 3...................................................................................................................................... 45 Annex 4...................................................................................................................................... 50 3 I. INTRODUCTION A. Background 1. The Government of Kiribati plans to implement the South Tarawa Water Supply Project with assistance from the Asian Development Bank (ADB) and the World Bank (WB). The Project covers the installation of a water supply system for South Tarawa, namely: (i) construction of a desalination facility and brine outfall; (ii) upgrading of existing water supply infrastructure; and (iii) installation of Solar Photo Voltaic (PV) arrays. An institutional strengthening component will focus on building capacity within the Ministry of Infrastructure and Sustainable Energy (MISE) and other relevant government agencies. 2. The Resettlement Framework (RF) has been prepared to address potential resettlement impacts associated with land that may be taken or affected (through restrictions to land uses etc) during project implementation. The Project will follow applicable laws of Kiribati and safeguard policies of ADB and WB to ensure its social and environmental sustainability. MISE is the project implementing agency (IA). 3. The RF prescribes the policies and procedures to be followed in the preparation of Resettlement Plans (RP) as required for future project infrastructure activities such as the location of the solar array within the Bonriki water reserve and reticulated water supply pipe network. It also addresses impacts associated with land uses and livelihoods in the even that such impacts occur. The RF is prepared in accordance with applicable laws and regulations of Kiribati and ADB’s Safeguards Policy Statement (2009) and the WB’s Operational Policy 4.12 on involuntary resettlement. B. Project Description 4. Fresh reticulated water for use by South Tarawa residents is supplied from fresh groundwater reserves extracted from a total of 28 galleries in Bonriki and Buota. The total sustainable yield from the groundwater lenses is 2,010 m3/day. However, the population in South Tarawa is rapidly growing and the available yield from fresh groundwater sources alone is not enough to sustain the growing population. Currently, reticulated water is rationed in South Tarawa, with residents having access to Public Utility Board’s (PUB) potable water for only 2 hours every second day. Although rainwater is harvested by residents, this is not enough to augment supplies from the reticulated system in South Tarawa, particularly during droughts. 5. The limited availability of potable water for the residents has been linked to poor sanitation, hygiene and public health issues such as water-borne, food-borne and skin diseases, besides other socio-economic impacts. 6. Climate change and variability are additional threats to water security in South Tarawa. The groundwater reserves drawn on for the PUB water supply are vulnerable to periodic droughts linked to the El Nino Southern Oscillation (ENSO) cycles. Studies carried out under Kiribati Adaptation Program Phase Two (KAPII) showed that inundation as a result of sea level rise could reduce groundwater yields from Bonriki and Buota reserves by about 20% by 2030. Subsequent studies have also highlighted that whilst inundation events could have short term impacts on groundwater yield the freshwater lens has an ability to recover and is more particularly vulnerable to drought and extraction. These studies highlight the vulnerabilities of the current supply and the need for protecting water quality in the reserves and providing alternative water supplies that are more resilient to climate influences. 7. The Government of Kiribati (GoK) has recognised the magnitude of the limited water resource and associated socio-economic impacts and has taken the initiative to work with various International Development Agencies/Donors to address the water supply and sanitation situation in Kiribati. 4 5 8. The Project covers the installation of a water supply system for South Tarawa, namely: (i) construction of a desalination facility and brine outfall; (ii) upgrading of existing water supply infrastructure including 17 new water supply tanks and booster pumps; (iii) a new upgraded reticulated water supply system; and (iv) installation of Solar Photo Voltaic (PV) to offset energy used by the desalination plant. It also covers initiatives proposed by the project to protect the quality of water in the two water reserves (which may include changes to land uses etc). Desalination Plant 9. The project infrastructure will include a reverse osmosis desalination facility with a production capacity of 4 ML/day, with the ability to upgrade production by 2 ML/day to give an ultimate daily drinking water production capacity of 6 ML/day. The major components in the facility are, i. A series of groundwater bores (12 no.) ii. A filtration system for pre-treatment of the bore water and filtrate storage tank iii. Reverse osmosis plant located within a building iv. Brine disposal system v. Chlorination system vi. Permeate storage tank and flushing pumps vii. Below ground effluent sump 10. In addition to other training as identified in the Project training plan, the Project will include capacity building and training of Public Utilities Board (PUB) employees through the supplier of the reverse osmosis systems to provide ongoing support services with location of experienced personnel in South Tarawa. Booster Pumps and Storage Tanks 11. The infrastructure to deliver water from the Desalination Plant will include 17 new water storage tanks and booster pumps, required for optimum functioning of the new system. A reticulated water supply network will bring water to each household (HH). Figure 1 shows the proposed locations for the water storage tanks and booster pumps. Reticulated Water Supply Network 12. The reticulated water supply network is to provide 100% coverage of all households, each to be served by a standpipe, a tap and a meter. The network will be charged at each location from the new water supply tanks and booster pumps. The existing elevated water supply tanks will be retained to provide water storage. They will also provide a low pressure service in the event of booster pump failure. 13. It is expected that the installation of the reticulated water supply network will not result in significant impacts on lands or assets. This is based on the experience of the Kiribati Adaptation Project Phase 3 (KAPIII). Between July 2017 and February 2018 KAPIII/PUB installed water supply in 3 pilot zones covering approximately 300 HHs. The pipes were installed by local workers from the zone using flexible piping, respecting all boundary lines. To date there have been no reported land/asset impact issues. The installation procedures used for the KAPIII pilot areas will be followed for the STWSP. Although they are not anticipated to be significant, given the scale of this project, it can be expected that some land and asset impacts will be created which would require proactive management during implementation. To manage these impacts separate RP(s) for the reticulated water supply network will be prepared which assess and document the impacts and which establish agreed impact management approaches. The RP(s) will be based on the Project RF. Solar Photo Voltaic Arrays 14. In evaluating the options of installing varying levels of both central and distributed PV, the recommended option includes the installation of a 2500 kW ground mounted, fixed centralized PV 6 array with a 2000 kW Solar Smoothing Energy Storage (SSES) system to be installed near the Bonriki pumping station. High energy battery storage system will also be considered as an alternative to the SSES. The recommended option also includes an upgrade to the existing 11 kV power network of approximately 1 km. Between 2.5ha and 3ha of land is required to install the solar array. Although the precise location of the array within the water reserve is not known, the water reserve has a total area of 70 ha and the feasibility confirms that this area of land will be available within the reserve. This RF applies to the solar array and establishes a process to be applied to minimize land/asset related impacts during design. 15. While the above is the recommended option, there may be an opportunity to consider a slight variation during the detailed design and procurement stages. An alternative option may still consider a total installed PV capacity of 2500 kW but have a portion installed on the proposed desalination plant site subject to the proposed plant site layout should network constraints prove to be a limiting factor. 16. Table 1 summarizes project components, the rationale for decisions to choose this option as well as the proposed location of project investments. Table 1: Project Components Project Proposed Rationale for Location Infrastructure and m2 required decision A. Desalination Plant Groundwater lens in Proposed Location: Approximately 2400 m2 South Tarawa West Betio insufficient for population now and in the future B. Water Storage Tanks (WST) Provide optimum Proposed Locations1: and Booster Pumps (BP) flow and functioning 1. Betio Land requirements of the water supply 2. Bairiki  WST - Approximately 8m network 3. Nanikaai diameter plus 2 m fenced 4. Teaoraereke area 5. Antemai  BP – Approximately 10m 6. Banraeaba x 10m) 7. Ambo 8. Tabunia 9. Eita 10. Bangantebure 11. Bikenibeu OH 12. Bikenibeu KGV 13. McKenzie, Bikenibeu 14. Nawerewere Hospital 15. Temaiku 16. Bonriki 17. Buota C. Reticulated Water Supply To provide All HHs in South Tarawa (7877 Network accessibility to PUB HHs 2015 Census) Each water supply tank acts as a water for every HH header tank to the village (reticulation zone) that it serves. D. Photo Voltaic Optimum Near Bonriki pumping station. Installation of a 2500 kW ground functionality Exact locations are not known mounted, fixed centralized PV however expected to be located array with a 2000 kW Solar within the boundary of Bonriki 1 Some zones may not require WST and BP, this will be confirmed through detailed design 7 Smoothing Energy Storage water reserve. system 8 C. Resettlement Impacts 17. The project is expected to have minimal involuntary resettlement (IR) impacts. Although the physical impacts are not expected to be significant, given the different types of infrastructure required and the general shortage of land in South Tarawa, combined with complex land holding arrangements, poor documentation and competing land claims etc, land aspects of the project can be expected to present challenges to project delivery. 18. The desalination plant will be constructed on government long-term lease land, leased until 2040. The preliminary design has identified government land for location of the storage tanks and booster pump stations. Where government land was not available, private lands have been identified. Such lands would not require relocation of housing or settlements or income restoration. 19. Substantial design flexibility exists which will allow for the reduction of land/asset impacts during the detailed design stage of development. With the exception of the desalination plant (which is located on Government leased land) all other aspects including reticulation, water tanks and the exact location of the solar array within the water reserve allow for design flexibility. A core role of this RF is to facilitate, and to promote, this impact reduction through design. 20. Land for the construction and upgrading of (i) the water supply infrastructure; (ii) sanitation and drainage improvements under component 2.3 “Management of the groundwater reserves and sector strengthening”; and (iii) sanitation infrastructure under Component 5 “Sanitation Pilots” is anticipated to be within existing reserves or Government land. Where long term leases are required (as is common in Kiribati), the details of such leases will be documented in the relevant RP(s). 21. Landowners will be compensated for any impacts resulting from provisions for temporary access to construction sites should land be temporarily used for contractor field office/shelters and for parking machinery. The land requirements for the installation of the reticulated water supply network will be identified after construction of the desalination plant, but based on the experience of the KAP III water supply pilot projects, impacts are expected to be insignificant. ADB and WB safeguard requirements will be followed to ensure land to be acquired for future subprojects will avoid, or at least minimize, involuntary resettlement impacts. 22. A small proportion of the overall land within the Bonriki water reserve is required for the solar array. Furthermore, the overall solar array can be broken up into smaller arrays and other design initiatives taken to minimize the impacts on any land being used (and/or claimed by) members of the community. All necessary land access/acquisition requirements will be based on meaningful consultations with landowners and other affected persons (APs) and will be compensated at full replacement cost. This framework sets out the consultation processes, laws, and mechanisms for calculating market value and replacement costs for land and other assets, a system for addressing grievances, and other institutional arrangements that will apply. Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard.. 23. Although measures to improve water quality in the water reserves may (among other things) restrict more people residing on the reserve (or new houses being built), they will not require the relocation of any of the existing residents/houses. If these people/houses are relocated to help 9 protect groundwater quality in the water reserves or for any reason linked to the implementation of the project or aligned with the project objectives, the provisions of this RF will apply. If these measures result in changes to land uses (restricting pollution sources and useful of dangerous materials etc), mitigation measures and/or compensation will be defined in accordance with the requirements of this RF. II. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS A. Objectives and Principles 24. Consistent with ADB/WB policies on involuntary resettlement, the following objectives and principles guide the development of this Resettlement Framework and the implementation of the ensuing Resettlement Plans. 25. Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve, or at least restore, the standard of living of any displaced poor and other vulnerable groups. 26. Principles: (i) Screen the project early on to identify past, present and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, and other stakeholders in the design, planning, implementation, and monitoring and evaluation. Pay particular attention to the needs of vulnerable groups, especially those without legal title to land, and ensure their participation in consultations. (iii) Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of affected persons and their host population. (iv) Improve, or at least restore, the livelihoods of all displaced persons, to at least pre- displacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher, through (a) land-based resettlement strategies when affected livelihoods are land based where possible, or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible. (v) Provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secure tenure to relocated land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transition support and development assistance, such as land development, credit facilities, training or employment opportunities; and (c) civic infrastructure and community services, as required. (vi) Improve, or at least restore, the standard of living of the displaced poor and other vulnerable groups, including women, to at least pre-displacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher. In rural areas, provide them with legal and affordable access to land and resources, 10 and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vii) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (viii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of land and non-land assets. (ix) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget and time-bound implementation schedule. (x) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (xi) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xii) Pay compensation and provide other resettlement entitlements before physical and economic displacement. Implement the resettlement plan under close supervision throughout the project implementation. (xiii) Monitor and assess resettlement outcomes, their impacts on the standard of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. B. Legal Framework 27. Under the Kiribati constitution (1979) all land in Kiribati belongs to the I-Kiribati people except for the Phoenix and Line Islands, small portions of reclaimed land owned by the Government, and lands belonging to the Catholic Church. Rights and interests in I-Kiribati land are acquired mostly by inheritance and gifting customs as codified in the Gilbert and Phoenix Islands Lands Code (1956). The various customs governing the acquisition of interests and rights to land are defined in the Code. The Code documents customs and practices as of 1956 and, despite changes to a market economy, these customs and practices continue to be highly relevant in Kiribati society today. 28. The Constitution of Kiribati and land-related legislation begin with the premise that land cannot be alienated by sale, gift, lease or otherwise to a person who is not a native. It does not, however, restrict the alienation of land to the State, Local Government Council and the Housing Corporation. The State can acquire land, by agreement or compulsorily, for public purposes including the location of water supply infrastructure. 29. The following legislation and policies provide the legal and policy framework for the acquisition of any land required, or of access and user rights. The most relevant legislation is discussed in further detail below. (i) Constitution of Kiribati (ii) State Acquisition of Lands Ordinance 1954 (rev 1979) (iii) Native Lands Ordinance 1956 (rev edition 1977) (iv) Public Utilities Board Ordinance 1977 11 (v) Magistrate’s Courts Act 1978 (vi) State Lands Act 2001 (vii) The Land Registration Grievance Tribunal Act 2002 (viii) Native Lands Amendment Act 2011 30. The Constitution of Kiribati. The Constitution of Kiribati declares that all natural resources of Kiribati are vested in the people and their Government. Section 8 (Protection from deprivation of property) states that no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied: (a) the taking of possession or acquisition is necessary or expedient in the interests of defense, public safety, public order, public morality, public health, town or country planning or the development or utilization of any property for a public purpose. (c) provision is made by a law applicable to that taking of possession or acquisition for the payment of adequate compensation within a reasonable time; 31. State Acquisition of Lands Ordinance 1954 (rev 1979). Section 5 empowers the Minister to acquire “…on behalf of the republic, any lands required for any public purpose, absolutely or for a term of years as he may think proper, paying such consideration or compensation as may be agreed upon or determined under the provisions of this Ordinance.” Public purposes referred to under this Ordinance and under section 8 of the Constitution include “the making of sanitary improvement of any kind” (Section 3e). 32. Sections 6 (1) and 6 (2) empower agents of the Minister to access land to be taken for public purposes including surveying and marking of boundaries, but also define limits to protect the privacy of land occupants in their homes. 33. Kiribati’s policy for the determination of compensation for affected peoples and their assets is set out in Section 16 – ”Matters to be considered in determining compensation.” Section 13 sets out the mechanism and process for the redress of grievances related to title and or compensation. 12 34. Native Land Ordinance 1956. Part VI of the Native Lands Ordinance provides for leases. It reaffirms the inalienability of native land to a person who is not a native, but grants exemptions for their alienation to the State (Crown) for public purposes (Section 5(2)). The Native Lands Ordinance complements the State Acquisition of Lands Act and provides the legal basis for the State to lease native (private) lands when and if necessary. 35. The Public Utilities Board (PUB) Ordinance 1977 empowers the Public Utilities Board (Part III Section 7(1)) to do anything or to enter into any transaction which in its opinion is calculated to facilitate the proper discharge of its functions or is incidental or conducive thereto. One of these functions is the Right of the PUB to supply water. The Board shall have the exclusive right within any water supply area to supply, distribute and sell water and to perform services incidental thereto. Section 8(2) gives PUB rights: to construct or lay down any waterworks for improving or augmenting the water supply. Section 9(1)(a) limits these powers only to that of user and also requires PUB to relocate or reposition its facilities, etc., if it becomes a nuisance or is causing loss to the owner of such land, or give reasonable compensation. 36. Magistrate’s Courts Act 1978. Section 58 of this Act gives the Magistrate’s Court the power to hear and adjudicate in all cases concerning land matters in accordance with the provisions of the Code, and where the Code is not applicable, in accordance with customary law. Land matters concerning land boundaries, transfers, registration of native lands and any disputes concerning the possession and utilization of native land are dealt with by the Magistrate’s Court. 37. The State Lands Act 2001 empowers the State as the owner of land to make some of this land available for development purposes including for the permanent settlement of citizens and their families. The State is equally empowered to reverse the transfer of land back to the State, or to another party. 38. The Land Registration Grievance Tribunal Act 2002 The Tribunal was established to hear outstanding complaints by direct descendants of persons who were by mistake or fraud deleted from or denied entry on a land registry in the Gilbert Group. For some time citizens have complained that in the period 1940 to 1980 persons who should have been registered with an interest in land were overlooked. The descendants of these persons, who might have inherited the interest in land have complained that this injustice should be looked into. The Tribunal does not have the independent power to make awards to a successful griever without written consent, (S.4(3)). Instead, it is for the Government to consider what should be done in the circumstances of each case. The Act recognizes the legal concepts of grievance in the functions of the Tribunal. 39. Native Lands Amendment Act 2011 amends Section 4 of the Native Lands Ordinance to address the concerns of I-Kiribati who feel they have lost their lands as a result of fraud committed by those who are currently registered over the disputed lands or by their predecessors. The amendment seeks to give aggrieved people the opportunity to challenge those titles in Lands Court. 13 C. Comparison between ADB’s and WB’s Land Acquisition and Involuntary Resettlement Policy Requirements and Those of the Government of Kiribati Scope of ADB’s and WB’s Land Gaps and Consistencies Acquisition and Involuntary between the Government of Kiribati’s Land Acquisition Policy Resettlement Kiribati (GoK) Policy Requirements and ADB/WB Policies The Constitution of Kiribati generally Involuntary resettlement should be Both the Constitution and the guarantees against deprivation of avoided wherever feasible. State Acquisition of Lands Act property without adequate compensation 1954 safeguards against the (s.3). deprivation of property without In situations where property is compensation. compulsorily taken possession of or an There are no explicit interest or right over property is provisions preventing compulsorily acquired, compensation involuntary resettlement but must be paid within a reasonable time the restrictions on the (s.8). alienation of native lands to non-natives, and the The Native Lands Ordinance 1956 mechanism for reacquiring makes clear that native land cannot be non- native lands by the State alienated to a non-native, and the Non- potentially provide for the Native Lands Ordinance 1974 restricts State the opportunity to the alienation of non-native land except intervene in these situations to the State. to prevent involuntary The State Acquisition of Lands Ordinance resettlement. 1954 empowers the Minister to acquire Kiribati’s policy is therefore land compulsorily on behalf of the consistent with ADB’s Republic, or with the agreement of policies. The provision for landowners, any land which is required for prior agreement of the construction, maintenance or landowners is important in improvement of any road designated as a this regard. highway (S.10(1)). The Ordinance also prohibits the Minister from acquiring land on either side of a public highway, except by agreement with landowners (S.10(2)). The Constitution and State Acquisition Where population displacement is The requirement for prior of Lands Ordinance guarantee unavoidable, it should be minimized notice and the duration of no compensation for land, crops and by providing viable livelihood less than 6 months is clearly other assets vital to livelihoods that options. intended for affected people to are damaged. relocate in a prepared and The 1954 Ordinance also provides for orderly manner, with prior notice to all affected people of no compensation. Likewise the less than 6 months to give up possession restraints on the Minister’s of such lands, unless the Minister agents from entering homes considers it urgently required (s.7 and without prior notice during s.8). preliminary investigations are to minimize disturbance and In the conduct of preliminary adverse impacts. investigation preceding the acquisition of any land for public purpose, agents of There is no explicit statement the Minister are authorized to enter the requiring the provision of viable land, take measurements, soil samples, livelihood options, but the etc., to ascertain if land under intent of the legislation to consideration is ‘adapted for such minimize hardship on affected purpose’ (S6(1)) but shall not enter into people is clear. In this regard, any building or upon any enclosed land Kiribati and the ADB/WB attached to a dwelling-house (except policies are partly consistent with the consent of the occupier thereof) and there is a need for GOK to without previously giving such occupier put in place additional at least 7 days notice of the Minister’s measures to ensure full intention to do so. compliance. 14 Scope of ADB’s and WB’s Land Gaps and Consistencies Acquisition and Involuntary between the Government of Kiribati’s Land Acquisition Policy Resettlement Kiribati (GoK) Policy Requirements and ADB/WB Policies The State Acquisition of Lands Replacing what is lost. If individuals The Ordinance is consistent on Ordinance 1954 (S.5) empowers the or community must lose all or part the principle of replacement Minister to acquire lands for any public of their land, means of livelihood, or cost based on market value. purpose, “…paying such consideration or social support systems, so that a The Ordinance is also compensation as may be agreed upon or project might proceed, they will be cognizant of the secondary determined under the provisions of this compensated and assisted through impacts of any land acquisition Ordinance.” replacement of land, housing, on the affected persons’ Section 16 (a) lists all matters to be infrastructure, resources, income livelihood and source of considered in determining compensation sources, and services, in cash or in income, which is an important which covers the market value of land at kind, so that their economic and aspect of ADB’s policy. the date of notice of intention to take social circumstances will be at least such land. restored to the pre-project level. All compensation is based on the Section 17 also provides for principle of replacement cost. compensation to affected people for loss of rents and profits. PUB Ordinance 1977 requires compensation of land used for PUB purposes one of which is to establish, operate and maintain sewage systems. Each involuntary resettlement is The government has no written conceived and executed as part of policy consistent with or a development project or program. equivalent to that of ADB. The executing agencies or project sponsors, during project preparation, assess opportunities for affected people (AP) to share project benefits. The APs need to be provided with sufficient resources and opportunities to reestablish their livelihoods and homes as soon as possible, with time-bound action in coordination with civil works. State Acquisition of Lands Ordinance The APs are to be fully informed and Close consultation regarding 1954 (S.7) – provides for prior notification closely consulted on compensation compensation is implied in the of no less than 6 months during which and/or resettlement options, including Ordinance as part of the time, the affected people may seek relocation sites, and socioeconomic process of reaching compensation or otherwise lodge a rehabilitation. agreement or otherwise, in complaint with the High Court should Pertinent resettlement information which case the matter is there be disagreements over the amount is to be disclosed to the AP at key referred to the High Court for of compensation or disputes over points, and specific opportunities resolution. evidence supporting the claim. provided for them to participate in While less explicit, GoK policy PUB Ordinance 1977 requires 7 days choosing, planning, and is consistent with that of ADB. notice before entering unless landowner implementation options. The only difference is that the consent allows for earlier entry. Where GoK puts the onus on the there is disagreement over amounts of affected people to seek compensation payable, the Court will compensation, while ADB’s make this determination in response to a policies ensure that the project complaint lodged by the Complainant. is proactive in paying due compensation to people. 15 Scope of ADB’s and WB’s Land Gaps and Consistencies Acquisition and Involuntary between the Government of Kiribati’s Land Acquisition Policy Resettlement Kiribati (GoK) Policy Requirements and ADB/WB Policies S.13 of the State Acquisition of Lands Grievance redress mechanisms for The 1954 and 1977 Ordinance 1954 – Dispute as to APs are to be established. Where Ordinances clearly establish compensation and title to be settled by adversely affected people are the mechanism for resolving High Court. particularly vulnerable groups, disputes and grievances. But PUB Ordinance 1977 requires resettlement planning decisions will there is no explicit provision for compensation, and where landowners be preceded by a social preparation safeguarding the interests of and PUB disagree on the amount of phase to enhance their participation in affected people that are compensation, the landowner can lodge a negotiation, planning, and particularly vulnerable. complaint and the Court will make this implementation. GoK needs to put in place determination. specific strategies for ensuring the timely redress of all grievances as part of the project design, as well as provisions for safeguarding the interests of affected people who are particularly vulnerable. Under S.28 of the Native Land Institutions of the affected people, The Land Code is generally Ordinance 1956, the Gilbert and and, where relevant, of their hosts, consistent with the ADB/WB Phoenix Islands Lands Code was are to be protected and supported. policies. declared to be the code of laws Affected people are to be assisted to governing native land rights from 1 integrate economically and socially March 1963 in each of the 18 populated into host communities so that adverse islands of Kiribati. The Code, codifying impacts on the host communities are custom, describes the system of native minimized and social harmony is land tenure and regulates the distribution promoted. or transfer of native lands, fish ponds and fish traps to the owner’s spouse and children (legitimate, illegitimate and adopted). The Code also regulates gifts of land for nursing a landowner who is incapacitated by illness; gifts for wet- nursing babies (that is where a child is cared for and raised by persons other than the child’s natural parents),and gifts of land by a husband to his wife or a wife to her husband during marriage. Customs pertaining to land have changed and cognizant of this, the Minister (under S.8 of the Native Lands Ordinance) is obliged to lay before Parliament at its next meeting, any of the orders made incorporating the changes. 16 Scope of ADB’s and WB’s Land Gaps and Consistencies Acquisition and Involuntary between the Government of Kiribati’s Land Acquisition Policy Resettlement Kiribati (GoK) Policy Requirements and ADB/WB Policies Kiribati has no ethnic minorities. In the Indigenous groups, ethnic minorities, For leased State-owned land, State Lands Act 2001, the transfer of pastoralists, people who claim for affected people permitted to rights to land via leases distinguishes such land without formal legal rights, occupy land under S.13 of the between natives and non-natives. and others, who may have usufruct or State Lands Act 2001 are Unlawful occupation of native lands is customary rights to affected land or entitled to compensation for an offense under S.35 of the Native other resources, often have no legal any improvements on the land. Lands Ordinance. The unlawful title to their lands. The absence of a For native lands, occupants occupant may be ordered by the Court formal legal title to land is not a bar to without title have no such to pay to the proprietor compensation ADB/WB policy entitlements. rights. for the period of the unlawful occupation There is inconsistency (S.35 (2)). between ADB/WB policies and In terms of State-owned lands, the those of the Government of Minister under S.13 may allow a third Kiribati with respect to party with close family connections to the occupants without titles on lessee to occupy the land or part of it. native lands. This family member or owner may receive To comply with ADB/WB financial compensation, at the sole Policy, the GoK will ensure discretion of the Minister, up to no more that all affected people who than the current value of improvements have legitimate claims to on the plot, when the plot is transferred crops, trees and/or land are and registered under a new owner (S.16). compensated regardless of whether or not they have formal legal title. All lands (native, state-owned) are The APs are to be identified and Existing registers allow for the registered in the register of native recorded as early as possible in order early identification of affected lands (S.2 Native Lands Ordinance) to establish their eligibility through a people and facilitate the and State-owned lands respectively population record or census that establishment of their (S.4 (1) State Lands Act 2001). The serves as an eligibility cut-off date, eligibility. There are also Leases Register and Sub-Leases preferably at the project identification unsurveyed plots with titles Register are also maintained for native stage, to prevent a subsequent influx unconfirmed, which need lands (S.2 Native Lands Ordinance). of encroachers or others who wish to boundary surveys before take advantage of such benefits. inventory of assets and census of affected people can be finalized. GoK policies and ADB/WB requirements are consistent. 17 Scope of ADB’s and WB’s Land Gaps and Consistencies Acquisition and Involuntary between the Government of Kiribati’s Land Acquisition Policy Resettlement Kiribati (GoK) Policy Requirements and ADB/WB Policies Under S.28 of the Native Land Particular attention must be paid to The Gilbert and Phoenix’s Ordinance 1956, the Gilbert and the needs of the poorest APs, and Land Code under the Native Phoenix Islands Lands Code was vulnerable groups that may be at high Land Ordinance 1956 provides declared to be the code of laws risks of impoverishment. This may for vulnerable groups including governing native land rights from 1 include those without legal title to the women, children, and the March 1963 in each of the 18 land or other assets, household elderly. It is consistent with populated islands of Kiribati. The headed by female, the elderly or ADB/WB policies. Code, codifying custom, describes the disabled and other vulnerable groups, system of native land tenure and particularly indigenous peoples. regulates the distribution or transfer of Appropriate assistance must be native lands, fish ponds and fish traps provided to help them improve their to the owners spouse and children socio-economic status. (legitimate, illegitimate and adopted). The Code also regulates gifts of land for nursing a landowner who is incapacitated by illness; gifts for wet- nursing babies (that is where a child is cared for and raised by persons other than the child’s natural parents),and gifts of land by a husband to his wife or a wife to her husband during marriage. Customs pertaining to land have changed and, cognizant of this, the Minister (under S.8 of the Native Lands Ordinance) is obliged to lay before Parliament at its next meeting, any of the orders made incorporating the changes Kiribati legislation (State Acquisition of The full resettlement costs are to be Kiribati policy for calculation of Lands Ordinance) provides for included in the presentation of project compensation for land, crops compensation of land based on market costs and benefits. This includes cost and other assets is based on value at the date of notification of of compensation, relocation and current market value, i.e., intent to take such land. Government rehabilitation, social preparation and consistent with the ADB/WB lease rates for Government leased livelihood programs as well as the replacement value policy. lands are determined at market rates incremental benefits over without- The existing legislation is and reviewed every three years, the project situation (which are included silent with regards to social most recent in 2009. Compensation for in the presentation of project costs preparation and livelihoods crops is similarly valued. and benefits). The budget also programs as part of includes cost for planning, compensation and management, supervision, monitoring resettlement assistance. On and evaluation, land taxes, land fees, the other hand, recent practice and physical and price contingencies. wherein Government lending Where loans include subprojects, institutions provide preferential components or investments prepared terms for housing loans for only after project approval and loans people affected by through financial intermediaries that Government projects point to are likely to cause involuntary compliance in practice with resettlement, sufficient contingency ADB/WB policy. allowance must be allocated for GoK updated its schedule of resettlement prior to approval of the rates for valuing crops and loan. Similarly resettlement plans trees to reflect current market should also reflect the timeframe for value for compensating resettlement planning and calculations, in 2011 as part of implementation. the Kiribati Road Improvement Project. 18 Scope of ADB’s and WB’s Land Gaps and Consistencies Acquisition and Involuntary between the Government of Kiribati’s Land Acquisition Policy Resettlement Kiribati (GoK) Policy Requirements and ADB/WB Policies Eligible cost of compensation, The Government of Kiribati relocation and rehabilitation may be has budgetary provisions for considered for inclusion in ADB/WB lease financing for the Project, if requested, payments on existing lands to ensure timely availability of the leased by the State for public requested resources and to ensure purposes. compliance with involuntary For all compensation arising resettlement procedures during out of the project, the implementation. Government will be requested to include eligible costs of compensation, relocation and rehabilitation in the ADB/WB financing for the project. AP = affected person, GoK = Government of Kiribati. 19 D. Strategies for Bridging Gaps between the GoK and ADB/WB Policies 40. In bridging gaps between the GoK and the ADB/WB policies on land acquisition, the following principles and policies will govern the project, with due consideration for the customs and traditions of local communities. (i) Acquisition of freehold customary lands will be minimized and resettlement of people avoided, as much as possible; (ii) Where population displacement is unavoidable, it will be minimized by providing viable livelihood options; (iii) Freehold customary land currently occupied by water supply infrastructure to be rehabilitated under this project will be paid all outstanding compensation prior to the commencement of project implementation; (iv) All APs will be systematically informed and consulted on the acquisition and compensation of affected land, other affected assets, the rights and options available to them on the proposed mitigating measures, and to the extent possible, APs will be involved in the decisions to avoid any delay in RP implementation; (v) In the consultation process, MISE will include leaders of AP communities, and will encourage and facilitate the participation of women, the elderly and vulnerable people. Local NGOs will also be invited to participate; (vi) The customs and traditions as well as the religious practices and observances of the local communities will be respected and historical or cultural landmarks and reservation areas will be preserved and protected; (vii) Updated land rates and crop/tree values based on market rate will be used to calculate compensation and replacement values; (viii) Compensation rates for physical assets, i.e., houses, buildings, and other structures, and non-physical assets like lost income from productive assets or jobs will be calculated at replacement cost or at current market rates in the project area at the time of compensation; (ix) Lack of formal legal rights to assets lost will not deprive any APs from receiving compensation and entitlement. The census of APs will be appropriately designed to ensure APs without title to land are clearly identified; (x) Particular attention will be given to socially and economically vulnerable groups like female-headed households, children, the landless, elderly people without support structures and people living in extreme hardships during the resettlement plan implementation process; (xi) The titleholders will be involved in decision making related to land acquisition and resettlement and they will be assisted by the IA to mitigate the adverse impacts of resettlement; (xii) The full cost of land acquisition and resettlement will be included in the project cost and benefits, and adequate budgetary support will be committed and made available by the Executing Agency (EA) during implementation. Costs for land acquisition, compensation and relocation of APs may be considered for inclusion in ADB loan financing for the project, if requested by the EA; (xiii) Appropriate internal reporting (including auditing and redress functions), monitoring and evaluation mechanisms will be established by the IA as part of the resettlement management system; and (xiv) Land acquisition, compensation, resettlement and rehabilitation activities will be satisfactorily completed and the project areas cleared of all obstructions before civil works begin. 20 E. Involuntary Resettlement Categorization and Measures to Avoid and Minimize Involuntary Resettlement 41. The project is categorized for involuntary resettlement (IR) as Category B; involuntary resettlement impacts are “not significant.” Category B projects include involuntary resettlement impacts that are not deemed significant and require a short (or abbreviated) resettlement plan (see Table 2). Table 2. Involuntary Resettlement Impact Categories Category Involuntary Resettlement A 200 or more persons experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive (income generating) assets B Where resettlement impacts are minor (where affected people are not physically displaced and less than 10 percent of their productive assets are lost, or fewer than 200 people are displaced). C No involuntary resettlement impacts are foreseen 42. For anticipated IR impacts, the project will seek to avoid and or minimize them in the following ways: (i) By using government land or government leased land where feasible for all project activities. (ii) By minimizing any unavoidable land acquisition and choosing sites that will avoid or minimize resettlement impacts. (iii) By utilizing existing rights of way (ROWs) for access during construction and for subsequent maintenance, where they already exist. (iv) By restoring all disturbed areas and areas temporarily used to their former state or better. (v) By conducting meaningful consultations in the preparation and finalization of the resettlement framework and plans, and during the construction phase. F. Number of Affected Persons and Level of Physical and Economic Displacement 43. The number of affected people and their affected assets will be finalized when the detailed measurement surveys (DMSs) are completed. G. Eligibility Criteria and Entitlement for Affected/Displaced Persons 44. The cut-off date after which affected persons’ (APs) eligibility for compensation will cease would normally be established by GoK procedures. In the absence of such procedures, MISE will establish a cut-off date for eligibility. This is generally the date of the Inventory of Losses survey. Information regarding the cut-off date will be documented and disseminated throughout the project area. Having a cut-off date is required to discourage parties from taking advantage of the opportunity for compensation. All structures constructed and crops/trees planted after the cut-off date are not eligible to receive compensation. 45. The following categories of persons might be affected by land acquisition/economic displacement based on the assessment of the core project components: (i) All people/ households losing land either with legal lease, lease holding land rights or without legal status; (ii) Owners of buildings, crops, plants or other objects attached to the land; and (iii) People losing business, income and/or salaries. 46. Their compensation and entitlements are described in detail in the Entitlement Matrix 21 (Table 3). 22 Table 3: Entitlement Matrix Type of loss Application Entitled Compensation Policy Implementation Responsibility Person Issues 1a Loss of Homestead Owner(s) with a) Compensation at Vulnerable MELAD/PUB land land, legal title replacement value or households to be agricultural land-for-land where identified during land, or feasible. If the detailed vacant plot replacement cost is more measurement than the compensation, surveys conducted as determined by as part of the MELAD, then the resettlement plan difference is to be paid by the project in the form of “assistance.” b) Provision of stamp duty, land registration fee, capital gains tax, and value added tax incurred for replacement land c) Option to be compensated if remaining land is no longer viable d) Transitional allowance based on three months minimum wage rates e) Shifting assistance for households f) Notice to harvest standing seasonal crops. If notice cannot be given, compensation for share of crops will be provided. g) Additional compensation for vulnerable households (item 4) 1b Loss of Homestead Tenant(s) and/ a) Compensation equivalent a) Landowners MELAD/PUB land land, or to up to 3 months of rental will reimburse agricultural leaseholders b) For agricultural lands, 60 tenants and land, or days notice to harvest leaseholders vacant plot standing seasonal crops. If land rental notice cannot be given, deposit or compensation for share of unexpired crops will be provided. lease. c) Additional b) Vulnerable compensation for households to vulnerable households be identified (item 5) during detailed measurement surveys conducted as part of the resettlement plan 1d Loss of Homestead AP(s) without a) 60 days advance Vulnerable MELAD/PUB land land, legal titles notice to shift from households to be agricultural occupied land identified during land or b) Resettlement assistance detailed vacant plot (land, other assets, measurement cash, employment, etc.) surveys in lieu of compensation conducted as part for the land they occupy of the c) Additional resettlement plan compensation for vulnerable households (item 5) 23 Type of loss Application Entitled Compensation Policy Implementation Responsibility Person Issues 2a Loss of Residential/ Owner(s) with a) Cash compensation Vulnerable MISE/MELAD/PU structure commercial legal titles equivalent to households to be B structure replacement value of identified during and other structure (or part of detailed assets structure) measurement b) Option to be compensated surveys for entire structure if conducted as part remaining structure is no of the longer viable resettlement plan c) Rights to salvage materials from structure d) Provision of all taxes, registration costs, and other fees incurred for replacement structure e) Transfer and subsistence allowance (up to 3 months) f) Additional compensation for vulnerable households (item 5) 2b Loss of Residential/ Tenants a) Cash compensation a) Vulnerable MELAD/PUB structure commercial and/or equivalent to households to structure leaseholders replacement value of be identified and other structure (or part of during assets structure) constructed by detailed the AP measurement b) Rights to salvage materials surveys from structure conducted as c) Provision of all taxes, part of the registration costs, and resettlement other fees incurred for plan replacement structure. b) Structure d) Transfer and subsistence owners will allowance reimburse e) Lease /rental agreements tenants and to be continued after the leaseholders reconstruction of the rental deposit structure or f) Additional unexpired lease. compensation for vulnerable households (item 5) 2c Loss of Residential/ AP(s) without a) Cash compensation Vulnerable MELAD/PUB structure commercial legal titles equivalent to households to be structure replacement value of identified during and other structure (or part of detailed assets structure) constructed by measurement the affected persons surveys b) Rights to salvage materials conducted as part from structure of the c) Provision of all taxes, resettlement plan registration costs, and other fees incurred for replacement structure d) Transfer and subsistence allowance e) Additional compensation for vulnerable households (item 5) 24 Type of loss Application Entitled Compensation Policy Implementation Responsibility Person Issues 3 Loss of Livelihood/ Business a) Assistance for lost Vulnerable MELAD/PUB livelihood source of owner(s), income based on three households to be income tenant (s), months lost income or identified during Leasehold- minimum wage rates. detailed er(s), b)Additional measurement employee(s), compensation for surveys agricultural vulnerable households conducted as part worker(s), (item 5) of the hawker(s)/ resettlement plan vendors(s), APs without legal title 4 Loss of Standing Owners with a) 60 days advance notice to a) Work MELAD/PUB crops and crops and legal titles, harvest standing seasonal schedule to trees trees tenant(s), crops; if harvest is not allow leasehold- possible, cash harvesting er(s), APs compensation for crops (or prior to without legal share of crops) equivalent acquisition title to prevailing market price and avoid b)Cash compensation for harvest perennial crops and fruit- season bearing trees based on b) Market value annual net product market to be value multiplied by 5 years determined c) Cash compensation c) Tree equivalent to prevailing replanting for market price of timber for shade to be nonfruit trees considered wherever possible 5 Impacts All Impacts Vulnerable a) Additional allowance Vulnerable MISE/MELAD/PU for loss of land or households to be B structure identified during b) Vulnerable households will detailed be prioritized in any measurement employment required for surveys the project. conducted as part of the resettlement plan 6 Temporary Land Owner(s) with a) Temporary use will Civil Works loss of land temporarily legal title, happen only with Contractor acquired for tenant(s), agreement with the Project leasehold- affected er(s), APs people/landowners. without legal b) 60 days advance notice title c) Provision of land rental value during the duration of temporary acquisition d) Restoration of affected land 7 Temporary Temporary Owner(s) with a) 60 days advance notice Civil Works loss of loss of legal title, b) Provision of Contractor access access to tenant(s), temporary access land, leasehold- where possible structure, er(s), APs c) Restoration/enhancement utilities, without legal of affected land, structure, common title utilities, common property property resource resource 25 Type of loss Application Entitled Compensation Policy Implementation Responsibility Person Issues 8 Temporary Temporary Business a) 30 days advance notice Civil Works loss of loss of owner(s), regarding construction Contractors livelihood livelihood/ tenant(s), activities, including source of leasehold- duration and type of income er(s), duration employee(s), b) Contractors’ action to agricultural ensure there is no worker(s), income/access loss hawker(s)/ through provision of vendor(s), access, etc. APs without c) Assistance to mobile legal title vendors/hawkers to temporarily shift for continued economic activity d) For construction activities involving unavoidable livelihood disruption, compensation for lost income or a transitional allowance for the period of disruption, whichever is greater e) Restoration of affected land, structure, utilities, common property resource. 9 Any other Unanticipated involuntary MISE/MELAD/P loss not impacts shall be UB identified documented and mitigated based on the principles provided in ADB and World Bank’s safeguard policies. AP = affected person; MELAD = Ministry of Environment, Lands and Agricultural Development. 26 III. SOCIOECONOMIC INFORMATION 47. The following information-gathering activities and surveys will be conducted as part of the preparation for any resettlement plan prepared under the project. A. Land Ownership Status Review 48. The Ministry of Environment, Lands and Agricultural Development (MELAD) will conduct a review of its land records to determine the legal status of all land plots to be occupied by the desalination plant and associated facilities, water storage tanks, booster pumping stations, solar arrays and other project infrastructure. 49. Meaningful consultation, where engagement starts early and is maintained throughout the project will be a fundamental part of all activities associated with land and assets under the project. Consultation will be used to collect information and validate information held on the official record as well as informing the project design and implementation so that the project meets the long term needs of the community. 50. Using this information, the land ownership/uses will be reconfirmed with the identified landowners to ensure that the legal status is up to date or there is no outstanding land issues. Where there are issues (such as multiple claims on land, lack of documentation, absent land owners etc), a process for either refining infrastructure design to remove the need for the land or for acquiring legal rights over the land for the purposes of the project will be identified and documented. If new investments are to be co-located with existing water tanks, PUB will provide up-to-date information on whether or not compensation was paid for the existing tanks, to whom, and how much or confirm whether there are legacy issues. Where freehold land was informally acquired or user rights thereto taken by PUB without any formal arrangements and compensation, this information should be brought to the attention of the Implementing Agency for appropriate corrective action and resettlement planning purposes. B. Land Surveys and Measurements 51. Land surveys/measurements will be carried out for all affected registered freehold plots to arrive at total areas for the calculation of compensation. Measurements may be taken by MISE and PUB engineers or technicians, to be confirmed by a third party. Geographical Information System (GIS) coordinates marking boundaries will be taken for MapInfo processing and storage on MELAD’s digital land resources database. C. Census of Affected People and Inventory of Affected Assets 52. The purpose of the census and inventory is to register and document the status of persons affected by the land acquisition for the desalination plant and associated facilities, water storage tanks, the booster pumping stations and other potential project infrastructure and impacts. The census will cover 100% of affected persons. It will provide a demographic overview of the site- specific landowners, and will cover people's assets and main sources of livelihood. 53. The rate of compensation for acquired housing (albeit that this is expected to be extremely unlikely), land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account. 27 D. Baseline Socioeconomic Survey 54. A socioeconomic survey questionnaire will be designed by MISE for capturing socioeconomic information on people affected by the reticulated water supply network and ensuring the inclusion of vulnerable groups such as poor and women-headed households. The survey instrument, sampling 10%-20% of APs, will generate data that will facilitate the analysis of the following: (i) demographic and socioeconomic characteristics of the respondents and their families, such as age, civil status, occupation and education as well as monthly income that can be disaggregated into gender-specific information; (ii) nature of land acquisition requirements, i.e., temporary or permanent, the use of land and the tenure arrangement; (iii) the impacts of land acquisition i.e. if there are trees and crops that would be affected and how it’s differentiated across vulnerable groups including women; and (iv) classification of vulnerable people, if any. Using this information plus census and inventory data, MELAD will design a compensation and entitlement form (CEF) for each AP to serve as the record and ledger of the APs and the entitlements. IV. FORMULATION OF RESETTLEMENT PLAN OR ABBREVIATED RESETTLEMENT PLAN A. Preparation of Resettlement Plan (RP) or Abbreviated Resettlement Plan (ARAP) 55. Because the exact number of people affected is not known at this stage, the Government will prepare either a Resettlement Plan (RP) or an Abbreviated Resettlement Plan (ARAP). An ARAP can be prepared where impacts on the entire displaced population are minor (where affected people are not physically displaced and less than 10 percent of their productive assets are lost, or fewer than 200 people are displaced), an abbreviated resettlement plan may be prepared. In other instances an RP is to be prepared. The minimum requirements for an ARAP and RP are included in Annex 3. 56. It is anticipated that at least two resettlement plans will be required as follows: (i) One RP which covers desalination plant and associated facilities, storage tanks and reticulation system. Given the linear nature of the reticulation system however, it is possible that more than one RP/or further update will be required over the life of the project. (ii) One for the solar array to be located in the Bonriki water reserve. The water reserve has a total area of 70ha. There are a number of informal land users who use it lately for agricultural purposes. Only 2.5ha of land is required for the solar array and scoping work during project design confirmed that although some of the land in the water reserve is used for livelihood and other purposes, large areas – well in excess of the area required – do exist which are not used for agriculture or other purposes. The RP for the solar array will therefore form part of an interactive design process aimed at meeting technical requirements while also minimizing land related impacts. 57. An RP and/or compensation plan may also be required to address impacts associated with improving water quality in the water reserves. A preliminary Resettlement Plan (RP) has been prepared for the desalination plant, the water storage tank and booster pumping station sites.2 As outlined in paragraph 54 (i) above, this RP will be updated to include the reticulation system and confirm the lease of the land proposed to accommodate the desalination plant and freehold lands to be acquired for the storage tanks. . Other RP required for future project infrastructure activities will also be based on this RF. Primary data from the census survey questionnaires will be 2The RP has been prepared to inform the land access process, consistently with ADB’s Safeguard Policy Statement. This will be updated once detailed designs have been completed. To support integrated management of land access issues for this co-financed project, this RP is referred to in the present RF. 28 processed and summarized to give the following key information – name of AP, cadastral lot number, type of tenure, type of land access/acquisition (temporary or permanent), current use, and inventory of affected assets. Socioeconomic data will identify gender and vulnerability status of each AP. Using this information, a Compensation and Entitlement Form (CEF) can be formulated and each APs entitlement computed. 58. The database of affected persons should be completed before resettlement plan preparation. 59. The RP(s) will be prepared by MISE and/or consultants providing support to the project. MISE will designate Safeguards Officers to work jointly with PUB and MELAD, who will be assisted by project implementation support consultants located in MISE for this Project. Preparation of the RP(s) will be guided by this framework. On completion of a draft, the RP will be updated after consultations with affected persons. The Updated RP will address AP comments as well as any changes that may have occurred in the physical or social landscape since the draft RP was prepared. An RP outline is included in Annex 1. V. CONSULTATION, PARTICIPATION, AND DISCLOSURE A. Mechanisms for Meaningful Consultations 60. A project Consultation and Communication Plan (CCP) will define how consultation activities will be undertaken. More detail will be documented in the CCP however, it is anticipated that the following mechanisms will be used to ensure meaningful consultations with APs, and to enable their informed participation in preparing, implementing and monitoring the project’s resettlement plan. 1. Project Disclosure 61. The project will be formally disclosed to the public in community meetings in each village in South Tarawa (number and dates to be determined). The meetings will be held in locations, selected to ensure easy access for all APs and interested members of the public at times that are most suited to their schedules. The meetings will be advertised well in advance using the local radio stations and newspaper, and/or by word of mouth through churches and CSOs/NGOs. Local community and church leaders will be invited, and will be asked to ensure the participation of women and youth. 62. Presentations, supported by a public information brochure and maps, will explain (i) the scope and various components of the Project, (ii) the main environmental and social issues based on the Initial Environmental Examination/Environmental Impact Assessment Report, and (iii) land related issues and impacts to structures or land, as well as the grievance redress mechanism. The draft RF will also be presented for comments and views. A local facilitator will encourage views and comments, and all comments and views expressed will be properly documented. 63. MISE will also submit the following documents for disclosure on ADB and WB’s website: (i) Project Information Booklet (PIB) (ii) Resettlement Framework endorsed by MISE and Ministry of Finance and Economic Development (MFED) before project appraisal and any updated versions thereafter (iii) Draft Resettlement Plan endorsed by MISE and MFED (iv) Updated Resettlement Plan after the census of affected persons has been completed and inventory of losses/detailed measurement survey has been undertaken; and, corrective action plans prepared during project implementation, if any. 2. Project Information Booklet 29 64. A Project Information Booklet (PIB) will be prepared and made available in English and Gilbertese to all interested people and organizations; including on MISE, ADB and WB websites. The PIB discusses the rationale, scope, impacts, benefits, compensation for affected people and their affected assets, and the mechanism for addressing any complaints or disputes that may emerge. Copies of the PIB will be distributed to all participants during Project Disclosure meetings. Copies will also be available to any interested member of the public from MISE. A sample Project Information Booklet is provided in Annex 2. 3. Further Consultations with Affected People 65. Individual meetings and workshops were held with potentially Affected Households (APs) as well as institutional partners (i.e. Church of the Latter Day Saints) and relevant project communities. The project objectives and processes as well as the requirement for the proposed project infrastructure leading to land acquisition were explained. The APs were advised of the project scope and the rationale for acquiring private land belonging to them. The project compensation matrix was referenced and compensation entitlements were clarified. The APs were informed of the project Grievance Redress Mechanism to be put in place should any unforeseen issues arise or should there be any cause for grievance. Questions raised by the APs were addressed by the PPTA team during the household socio-economic survey, particularly related to the future project stages involving Detailed Design, at which time land requirements would be confirmed and formalized. The outcome of the consultation was that households taking part in the socio-economic survey verbally agreed to allow the project to acquire their land. 66. In addition, 20 community workshops involving 13 villages were held from 31 July – 5 August 2017 with a total of 426 participants. One of these workshops was with disabled group members living in Nanakaai. Participants’ average age was 42 (range 17 -78 years) and over half (58%) of participants were women. Group size varied from 5 (Abaroa) to 70 (Bonriki) participants. The median group size was 16 participants. 67. The workshops were held at a range of venues including community and religious maneabas, community meeting areas, houses and clinics, at times considered most convenient for stakeholders. In some cases, the participants represented ‘communities of interest’ associated with local NGOS and in some workshops multiple ‘communities’ were represented (e.g. Ambo Clinic (11 communities) and Bairiki New Road (6 communities), others were communities defined by their association with the village or church maneaba in which the workshop was held. The understanding was that the representatives at the workshops would convey project information to their members. 68. The objectives of the workshops were: 1) to provide objective information about the STWSP, the alternatives being considered, opportunities and issues and key stakeholder roles and responsibilities; and 2) through small group discussions, to encourage participants in considering the project to voice concerns and raise questions. Annex 4 provides a summary of the Community Workshops in terms of locations and other details including water supply characteristics, and provides the main considerations and conclusions voiced during the various consultations. 69. Further consultations with affected people including women and youth will take place (i) during the socioeconomic surveys, (ii) during the preparation/update of RPs, and (iii) during resettlement planning, implementation and monitoring. Consultations during project implementation will assist contractors in identifying sites for the temporary structures and parking of heavy machinery and equipment. 70. Consultations to discuss the draft RPs will involve explaining the entitlement matrix, the principles governing the calculation of compensations, processes and arrangements for the payment of compensation and for lodging grievances. The objective is to gain APs’ endorsement. 30 Any AP expressing disagreement at this point over entitlements will be advised of the procedures for lodging complaints. 71. Consultations will be scheduled and sited in venues that will facilitate the participation of women, youth and other disadvantaged groups during resettlement planning, implementation and monitoring. Some of the ways to ensure women’s participation include considering female facilitators during consultations; having sperate meetings for women after a general meeting; and ensuring women’s association are vested with authority both within their communities and/or wider state or provinces. Table 4: Community Consultation and Participation Framework Subject of Reasons for Community Stage Consultation Role of Affected People Participation Pre-Implementation Consultation and Understanding  Participate in project disclosure, • Ensure that all APs including focus group the project public meetings and women and youth fully discussions  consultations. understand the proposed Discuss project design and project and its benefits to the express views regarding the community. appropriateness of the design, • Provide information on and whether or not they will be potential project impacts, adversely impacted. particularly impacts on lands  Invite and encourage the and livelihood, changes in participation of women and youth in project disclosure, public water practices and meetings and consultations. implications on access to land and income opportunities, and gender role allocation. • Promote an informed and inclusive resettlement planning and project design process. Finalizing Compensation  Agree on the compensation • These measures will lessen compensation and and entitlement and entitlement packages. conflicts and disruption entitlement packages. Identify if any women including • during project implementation. packages Female Household Heads (FHH) are adversely affected and in need of gender-specific livelihood restoration measures. Implementation • Additional Employment in  APs and the local community will • Generate interest in and assistance to APs the project be employed during the support for the project during implementation of the project implementation, and provide whenever feasible. an opportunity to enhance income. • Ensure continuous compliance with ADB and WB safeguards policies. Grievances and Grievances and  Provide background of the issues. • Ensure that grievances are redress redress addressed within a mechanism • reasonable time. Unanticipated Any involuntary • Provide feedback and • Promote an informed and impacts resettlement participate in socio-economic inclusive resettlement impacts during survey to identify impacts planning and project design project Provide inputs on the updates of process. implementation the RP such as entitlement matrix that are not if needs to be revised anticipated Post Implementation • • Monitoring and Monitoring and  • Provide inputs to monitoring • Capture any lessons learned evaluation evaluation and evaluation and how to that may be helpful in shaping system ensure compliance with ADB future resettlement policies and WB safeguards policies.. for similar Kiribati projects in the future. • Ensure continuous 31 compliance with ADB and WB safeguards policies. AP = affected person, RP = resettlement plan. B. Institutional Responsibilities for Public Consultations 72. Ministry of Infrastructure and Sustainable Energy. MISE will have the following responsibilities: (i) Coordinate the Public Disclosure consultations including presenting an overview of the Project. Ensure wide notification by public media of consultation dates and venues (including reaching out to NGOs, women and church groups) to maximize participation. (ii) With representatives of MELAD, consult with APs to finalize the location of project facilities to avoid or minimize IR impacts. (iii) Organize and lead consultations with APs to discuss and explain the draft Resettlement Framework and Resettlement Plans. 73. Ministry of Environment, Lands and Agriculture Development (MELAD): (i) Cooperate with MISE in the Public Disclosure consultations, and in these consultations, make presentations on the environmental assessment of the project based on the Initial Environmental Examination/Environmental Impact Assessment Report (Environment and Conservation Department), and on land issues (Land Management Division). (ii) Assist MISE in consultations with APs to determine land boundaries, measure land areas and obtain community support for the locations of subproject facilities. (iii) Assist MISE in consultations with APs to discuss the draft resettlement framework and Resettlement Plans. (iv) Have lead responsibility for boundary surveys and socioeconomic surveys including census of APs and inventory of affected assets. 74. Public Utilities Board (PUB). Work closely with MISE and MELAD in conducting consultations with affected people and communities during the planning and implementation of the Project, to clarify its role in the establishment, operation and maintenance of water supply systems, as well as in the payment of compensation for privately owned lands, trees and other assets affected. VI. COMPENSATION, INCOME RESTORATION, AND RELOCATION 75. Land acquisition and resettlement impacts will be compensated in accordance with the provisions of the Entitlement Matrix. Compensation for loss of trees, crops and other assets will be determined on the basis of replacement costs based on current market values. 76. Compensation will be paid and resettlement of affected persons if any, will be completed before taking possession of land/properties and prior to the start of civil works. The affected persons will hand over to the Government land and properties acquired free from all encumbrances such as mortgage and debt. Resettlement costs are included in the project budget and covered by the Government. 77. Besides direct compensation, various income restoration measures will be available to affected people. Such income restoration measures will be dependent upon the type and severity of impact which will be assessed during preparation of future ARAP/RPs. Such impacts are anticipated to be minor and temporary however this will be verified in future assessments based on impacts. Those APs experiencing loss of income will be entitled. The type of measures will depend on the nature and scale of the impact but may include employment in project construction and operation as well as skills training. RPs will include details based on the assessment of 32 impacts. VII. GRIEVANCE REDRESS MECHANISMS 78. Members of the public will have rights to make grievances known to the MISE and for them to be addressed, to the extent practicable and reasonable. The project will establish a grievance redress mechanism (GRM) for any matters related to project design, construction and operation. From a safeguards perspective, members of the public may perceive risks to themselves or their property or have concerns about the performance of the project. These issues may relate to construction and operation and therefore they will have rights to file complaints for the contractor, PUB and the MISE to address promptly and sensitively, and for complaints to be made without retribution. 79. During construction, the contractor will be required to comply with all project safeguard instruments including the Project ESMP and the approved CESMP. The contractor will appoint one staff member as a liaison officer for each worksite to receive complaints and initiate corrective action as appropriate. This name will be made available to the Supervising Engineer. Further, the name and contact details of the contact person for each site will be presented on a notice board at work sites and at the MISE. The notice board will also state (i) that members of the public with a grievance or concern have the right to register complaints (verbally or in written form) and for appropriate and reasonable action to be taken to address any valid complaint and (ii) that complaints can be made to the individuals concerned either verbally, in person, or in written form and that (iii) a written response will be provided within 48 hours 80. During construction, a member of the project implementation assistance team will be assigned the role of community liaison for each project activity. The name and contact details of these individuals will be presented on a notice board at work sites and at the MISE, with instructions on how to make a complaint. For minor complaints, such as noise or dust nuisance, or disregard of safety procedures, corrective action will be instructed by the supervising consultant, and a response provided to the complainant within 48 hours. If no action is deemed appropriate, the complainant will be of his/her rights to take the complaint to the Magistrate’s Court. 81. For complaints over major issues, such as injury, damage to property, or occupation of land without due agreement, the supervision consultant will respond within 24 hours and arrange a meeting with appropriate personnel within MISE. If a solution, agreeable to all parties, is not reached within a period of 15 days, the complainant may file the grievance using the national legal system. 82. A register of complaints will be maintained at the MISE recording dates, names of complainants, action taken and personnel involved. All complaints and resolutions will be properly documented and be available for (i) the public and (ii) monitoring purposes. Sex- disaggregated data will be prepared to identify the sex of complainants and the nature of their complaint. 83. It is recognized that, in many cases, APs do not have the writing skills or ability to articulate their grievances verbally, however, APs will be encouraged to seek assistance from the Project or nominated local non-governmental organizations and/or other family members, village heads to have their grievances recorded in writing and to have access to relevant project and RP documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly. In the event of major disputes, an independent NGO will be contracted by the project to review land use issues. This NGO will be introduced to the APs during information disclosure meetings. 84. If the number of complaints increases such that their resolution will delay the project, the MC will appoint a Magistrate to deal only with project-related cases, until normal flow of 33 processing grievances is restored. This is an arrangement that was reportedly done in the past with other specific compensation cases, and was found to work well. The procedures for filing grievances will be discussed and explained during Project Disclosure and subsequent consultations, and during the Detailed Measurement Survey (DMS). 34 VIII. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS A. Government Agencies and Organizations 85. The Ministry of Finance and Economic Development (MFED) is the Executing Agency (EA) for the Project. The Ministry of Infrastructure and Sustainable Energy (MISE) is the Implementing Agency (IA). As the IA, MISE will have overall responsibility for resettlement planning with the assistance and support of the Land Management Division, Ministry of Lands, Environment and Agricultural Development (MELAD) as well as the Public Utilities Board (PUB). 1. Ministry of Infrastructure and Sustainable Energy 86. A Project Management Unit (PMU) will include consultant support from the Team Leader, an International Safeguards Manager (key staff responsible for Safeguards) and others such as Social Development and Gender Specialist as deemed necessary. MISE will also be supported by a project implementation firm which will engage a Safeguards Specialist to assist MISE supervise physical works and avoid resettlement impacts and any safeguards issues. For RP planning and implementation, two senior officers from MISE – Chief Engineer (Water Division) and a designated Project Officer – will be assigned safeguards responsibility and will ensure overall coordination for resettlement planning and implementation. They will be responsible for the following tasks: (i) Work with PUB and MELAD to coordinate the public disclosure process and RP consultations. (ii) Work closely with PUB, MELAD and private landowners to finalize the location of new project facilities. (iii) Update the RP using this resettlement framework as well as information from socio-economic surveys. (iv) Carry out consultations with all APs to discuss the finalized compensation and entitlement matrix and to explain how compensations were derived. In these consultations, also re-explain the grievances and redress procedures. (v) Oversee RP implementation. (vi) Monitor RP implementation to ensure that it is implemented fully, and that all affected people eligible for compensation and other entitlements do receive their compensation. (vii) Compile and submit to ADB and WB progress reports on RP implementation, during and at the end of the project implementation. 2. Land Management Division, MELAD 87. The Land Management Division of MELAD will do the following: (viii) Provide information on the legal status of all lands upon which water supply infrastructure will be located by this project. (ix) Undertake any land survey and measurements necessary to derive legal descriptions for all freehold land required by the project facilities and total areas (m2) for calculation of compensation payments. (x) Review, revise and conduct socioeconomic surveys, census of APs and inventory of assets. - Process data. Develop database and store raw and processed data. - Make available data from socioeconomic surveys to MISE (PMU), which will oversee the development of the Resettlement Plan. - Participate in consultations with APs to explain compensation and entitlements and to present computed list of APs and compensation. - Delegate to PUB responsibility for payment of compensation for water supply infrastructure sites. 35 88. The Director of Land Management Division will have overall coordination for this work and will be the point of contact with MISE. 89. Public Utilities Board (PUB) (xi) Make provisions in its annual budget for payment of compensation (xii) Notify APs and deliver/pay out cash compensation on scheduled date based on the RP. (xiii) Compile reports on RP implementation (payment of cash compensation) for MISE, providing supporting documentation of payment. 90. Magistrate Court. The Magistrate Court has a complement of 78 Court staff including 12 Magistrates. It is not anticipated that the level of complaints from the project will cause the current resources of the Court to be stretched. However, should this situation arise, the Court will appoint a Magistrate to deal specifically with project-related cases, to avoid lengthy delays. Table 5. Allocation of Responsibilities # Activity Responsible Agencies A Pre Implementation of RP 1 Project disclosure and consultations MISE with support from MELAD (Land Management Division) and PUB 2 Finalize core Project design MISE and PUB with design consultants 3 Conduct staff training in data gathering using prepared Design consultants with MELAD questionnaire (Land Management Division) 4 Conduct Detailed Measurements Survey (DMS), census of APs and Design consultants with MELAD Inventory of affected assets. (Land Management Division) 5 Mobilize Grievance and Redress mechanism to address grievances MISE and MELAD in coordination and disputes as they arise prior to project implementation with relevant agencies 6 Develop RPs using RF and using confirmed compensation rates, MISE, design consultants working census and inventory data. closely with PUB and MELAD 7 Conduct consultation with APs on draft RP MISE and PUB supported by design consultants 8 Finalize RP, endorse by IA and seek ADB and WB approval. MISE and MELAD supported by design consultants B RP Implementation 1 Approval and release of funds for compensation MFED 2 Verification of APs MELAD supported by MISE 3 Internal monitoring of RP to start MISE supported by Project Implementation Assistance (PIA) team 4 Grievance and Redress MISE in coordination with Magistrates Court or relevant agencies if required 5 Payment of compensation MELAD 6 Acquisition of required lands MELAD 7 Submit compliance documents to ADB MISE supported by PDA/PIA 8 Validate compliance documents of RP implementation ADB C Construction Stage 1 Confirm ‘No Objection’ for the award of civil works ADB 2 Tendering and award of civil works MFED supported MISE 3 Hiring of APs and mobilization of labor force Civil works contractor 4 Compensation for any land temporarily used by contractor Civil works contractor 5 Compensation for temporary loss of access caused by contractor Civil works contractor 6 Compensation for temporary loss of livelihood Civil works contractor 7 Core project construction Civil works contractor D Post-construction 1 Restoration and return of temporarily affected lands Civil works contractor B. Organizational Procedures for Delivering Entitlements 91. Cash compensation will be paid by MELAD based on the Compensation Entitlement Form (CEF), which will list all APs and their corresponding entitlements. APs will be 36 required to provide means to verify their identity and will sign on prepared forms to confirm receipt of compensation payment. 92. The delivery of other entitlements (e.g., restoration of temporarily occupied or disturbed sites, alternative access, etc.) will be coordinated by MISE and will be delivered as work progresses, before working crews and machinery shift to new locations. MISE will liaise directly with project/civil works contractors to ensure their delivery. C. Implementation Process and Schedule 93. Table 6 presents the preliminary implementation process and schedule. Table 6. Preliminary Implementation Process and Schedule # Activity Responsible Agencies Timelines A RP preparation 1 Project disclosure and consultations MISE with support from July 2017 – January 2019 PUB, MELAD and ADB 2 Finalize Project design for core subprojects MISE and PUB with January – December 2019 design consultants 3 Conduct Detailed Measurements Survey (DMS), MELAD (Land Q2-Q3 2019 census of APs and Inventory of affected assets. Management Division) with design consultants 4 Mobilize Grievance and Redress Mechanism to Magistrates Court Q2-Q3 2019 address grievances and disputes as they arise. 5 Develop RP based on RF and using confirmed MISE and design Q1-Q3 2019 compensation rates, census and inventory data. consultant working closely with MELAD 6 Conduct consultation with APs on updated RP MELAD/MISE/PUB Q1-Q3 2019 7 Finalize RP, endorse by IA and seek ADB MISE Q3 2019 approval. B RP Implementation 1 Approval and release of funds for compensation Ministry of Economic October 2019 Development and Finance 2 Verification of APs MELAD/PUB November 2019 3 Internal monitoring of RP to start MISE Q4 2019 -Q2 2020 4 Grievance and Redress MISE in coordination with Throughout project relevant agencies 5 Payment of compensation MELAD Q1 2020 6 Acquisition of affected lands, if any MELAD Q1 2020 7 Submit compliance documents to ADB MISE supported by PIA April 2020 8 Validate compliance implementation documents ADB and WB April 2020 for RP C Construction Stage 1 Confirm ‘No Objection’ for the award of civil ADB and WB Q1 2020 works 2 Tendering and award of civil works MISE Q1 2020 3 Hiring of APs and community members Civil works contractor Q2 2020 whenever feasible and mobilization of labor force 4 Compensation for any land temporarily used by Civil works contractor Q2 2020 to end of project contractor 5 Core project construction Civil works contractor Q2 2020 to end of project D Post construction MISE 1 Restoration and return of temporarily affected Civil works contractor January 2022 onwards lands 94. The responsible agencies (MELAD, MISE and PUB) will satisfactorily complete the payment of compensation, and the land will be free of all obstructions and encumbrances before civil works begin. 37 IX. BUDGET AND FINANCING 95. Detailed budget estimates for involuntary resettlement will be prepared in the Resettlement Plan. It will include (i) detailed costs of, as required, land acquisition, and where relevant, relocation, livelihood and income restoration and improvement; (ii) administrative costs to implement the RPs; (iii) sources of funding; (iv) arrangements for approval; and (v) the flow of funds and contingency arrangements. The GoK will be responsible for providing the budget and financing required to implement the project’s resettlement plans on a timely manner. The GoK fiscal year corresponds to the calendar year. Financial planning for the fiscal year starts in October of the previous year. This should be taken into account to ensure budget availability for RP implementation Table 7. Broad Estimate of Resettlement Costs Components and Activities Estimated Budget (USD) 1. Resettlement Preparation & Compensation 1.1 Public consultations 5,000.00 1.2 Compensation for land and assets lost 50,000.00 2. Administrative Costs 2.1 Transport, materials, etc. 1,000.00 2.2 Operation staff (managers & technical 2,000.00 staff) 2.3 Grievances 5,000.00 1. Contingencies $5,000.00 2. TOTAL $68,000.00 38 X. MONITORING AND REPORTING 96. MISE with assistance from PMU will monitor RP implementation on an ongoing basis and submit monitoring reports to ADB and WB on a semiannual basis. It will report on the list of all APs, their entitlements and the status of delivery of cash compensation. It will use the following indicators to gauge progress in RP implementation. 97. Budget and timeframe: (i) Evidence of resettlement staff being mobilized for field and office work (from both MISE and PUB). (ii) MELAD reports on land ownership review, census of APs and inventory of assets. (iii) Record of resettlement funds being received, indicating date of receipt. 98. Delivery of AP entitlements: (i) CEFs showing names of APs, date, time, amount of compensation received and signatures. 99. Consultations, grievances and special issues: (i) Reports of all consultations held, listing names and sex of participants, summary of views expressed and photographs of meetings (ii) Gender inclusive consultation during monitoring and reporting will be ensured including collection of sex-disaggregated information where relevant. (iii) Copies of PIB in English and Gilbertese (iv) Evidence of endorsement by APs of draft RP compensation framework (v) Court record of all APs (sex disaggregated data) who lodged complaints, nature of complaints and outcomes 100. At the completion of RP implementation, MISE will report to ADB and WB that it has complied fully with all the requirements of the RP and will submit the following compliance documents to support its claim: (i) Completed CEFs (i) Copy of PIBs in English and Gilbertese (ii) Record of consultations with APs (iii) Minutes of consultations with women and disadvantaged groups (if separate consultations are conducted) (iv) Minutes of consultations agreeing to the content of the RP (v) Individual agreement on compensation reached with APs, where appropriate (vi) Evidence of transfer of titles of acquired lands, where appropriate (vii) Journal voucher(s) or equivalent document(s) showing payment for compensation and entitlements to APs 101. Civil works will commence after the completion of payment for all acquired lands and affected assets and/or payment of all due rent for government leased lands. 102. MISE may also recruit qualified and experienced external experts or qualified civil society organizations to verify its internal monitoring report, if significant safeguard issues arise during implementation. MISE will recruit such experts or organizations in consultation with ADB and WB and submit external monitoring reports to ADB. 39 Annex 1 OUTLINE OF RESETTLEMENT PLAN (See Annex to Appendix 2 Safeguard Policy Statement 2009) A Executive Summary B Project Description C Scope of Land Acquisition and Resettlement D Socioeconomic Information and Profile E Information Disclosure, Consultation, and Participation F Grievance Redress Mechanisms G Legal Framework H Entitlements, Assistance and Benefits I Relocation of Housing and Settlements J Income Restoration and Rehabilitation K Resettlement Budget and Financing Plan L Institutional Arrangements M Implementation Schedule N Monitoring and Reporting 40 Annex 2 PROJECT INFORMATION BOOKLET South Tarawa Water Supply Project (STWSP) 1. The South Tarawa Water Supply Project (STWSP). The GoK has recognised the magnitude of the limited water resources and associated socio-economic impacts and has taken the initiative to work with various International Development Agencies/Donors to address the water supply and sanitation situation in Kiribati. The Asian Development Bank (ADB) is providing assistance to help GoK in its efforts to address the water supply problems facing South Tarawa. The project involves constructing water supply components which include a reverse osmosis desalination facility with a production capacity of 4 ML/day, with the ability to upgrade production by 2 ML/day to give an ultimate daily drinking water production capacity of 6 ML/day; seventeen new water storage tanks and booster pumps as well as a reticulated water supply network for all HHs. There is an institutional strengthening component aimed at strengthening the appropriate agencies in managing the project, and in the ongoing maintenance of the facilities. The STWSP will be implemented by the Ministry of Infrastructure and Sustainable Energy (MISE) with the support of the Public Utilities Board (PUB). 2. What are the objectives of this public meeting? The first objective of this meeting is to inform the public about the STWSP. The second objective is to provide the public with the opportunity to express any views, concerns and comments they may wish to voice. All views and comments from this meeting will be considered in the project preparation and design. 3. Why is this Project needed? The limited availability of potable water for the residents has been linked to poor sanitation, hygiene and public health issues such as water-borne, food-borne and skin diseases, besides other socio-economic impacts. The STWSP will provide households with a safe water source as well as additional training in water related sanitation and health practices. 4. What benefits will the Project generate? In the long-term, an improved water supply will benefit everyone in Tarawa. Clean water, improved cleanliness and hygiene and good sanitation practices all contribute to a healthier population, lower mortality from waterborne diseases, reduced burden on the health system and a cleaner environment. In the short term, jobs will be generated during project implementation and preference for employment in the project will be given to affected people or members of their families. 5. What benefits will the Project generate? In the long-term, an improved water supply will benefit everyone in Tarawa. Clean water, improved cleanliness and hygiene and good sanitation practices all contribute to a healthier population, lower mortality from waterborne diseases, reduced burden on the health system and a cleaner environment. In the short term, jobs will be generated during project implementation and preference for employment in the project will be given to affected people or members of their families. 41 6. Will the Project require additional land? The Project will concentrate on locating project facilities on government leased land. In some cases where land is required, land reclamation is being recommended. Landowners will be consulted and compensated for other land that is needed. 7. What direct impacts will the Project have on people of South Tarawa? In the long term: • The water supply system will supply daily water requirements for the residents and villages in South Tarawa. • Use of well water for drinking will be discouraged and water borne diseases should be significantly reduced or eliminated, leading to additional time for women to undertake other activities. During the construction phase: • Some areas adjacent to where the desalination plant and the new storage tanks and booster pumps will be located may be used temporarily by the contractors for access, to store or park heavy machinery and to establish facilities. • Noise will increase during working hours. • Access into some private properties may be temporarily disrupted. • Access to some parts of the lagoon may be temporarily restricted when construction work is under way. 8. Will affected people and their assets be compensated? Yes. Compensation will be paid as follows: • Rightful owners of freehold customary land will be compensated for the use of that land. • Assets around the construction sites such as trees, crops, fences etc. that will be removed or damaged will be compensated. Compensation will be payable to the present occupant of the land or in the case of government leased land, to the landowner. • Other land that will be required temporarily for the Project or disturbed as a result of the Project will not be paid compensation, but the land will be returned to its original condition or better. • For land that will be used as temporary workstations or storage of construction materials, there will be payment of rent to the owners by the construction contractor. 9. What is the basis of compensation for affected land and assets? Compensation for affected assets such as land and crops will be based on the prevailing market price. Compensation will be paid to people who have a rightful claim to the land as of the date of this consultation (TBD). Crops or structures planted or constructed on the acquired land after this cut-off date will not receive compensation. 10. Who will pay the compensation? The MELAD 42 11. If there are disputes or grievances associated with the Project, how will they be addressed? There are procedures for grievance and redress provided for in the Kiribati legislation. MELAD will ensure that all grievances or complaints from Affected People will be solved quickly and to the satisfaction of all parties. 12. What if the compensation is refused? Disputes that do not get resolved by MELAD and PUB will ultimately be referred to the High Court as per Kiribati’s legislation. 13. How does the Project determine assets for compensation? A census of Affected People and inventory of all assets that are affected will be conducted. Before the census is conducted, MISE and MELAD will work closely with local communities and landowners to conduct detailed measurement survey of lands affected. The census/inventory will use a questionnaire format to record all Affected People and their affected assets. The assets recorded in the questionnaire will form the basis for calculating compensation. 14. When will surveys and inventory of assets be conducted? Normally, the measurement survey and inventory of affected assets will follow public meetings and project disclosure. 15. Will there be further consultations for the Project? Yes. There will be direct consultations with affected landowners during the conduct of surveys and inventories. During these consultations, affected people will be told how compensations are determined and calculated. 16. What is a Resettlement Framework and a Resettlement Plan? The project is preparing a Resettlement Framework that will describe the project and provide instructions and methods for the development of a Resettlement Plan. The Resettlement Plan, once finalized, will identify all affected people, their affected assets, how much compensation they will be paid, and how that compensation was calculated and arrived at. It will also define how any grievances arising out of the project will be resolved. The aim of the Framework and Plan is to ensure that impacts of the project are minimized if they cannot be avoided, and that any affected people and their assets are properly compensated and assisted. 17. Will the Resettlement Framework and the Resettlement Plan be accessible to the public? These documents will be uploaded by ADB and WB on their website. The Government of Kiribati will also make these documents available at the MELAD Land Management Division and MISE. The Resettlement Plan, detailing the specific assets impacted, will be translated into local language. ADB and WB will ensure that the Project allows for stakeholders’ feedback during implementation and that relevant information about any major changes to project scope is also shared with the affected people and other stakeholders. 18. How will the Project ensure that the Government is complying with the requirements for compensation of the resettlement plan? A local and independent body, possibly a local NGO, will be appointed to monitor the implementation of the 43 Resettlement Plan to ensure full compliance on the part of the Government. MISE will also be submitting regular reports to ADB and WB with evidence that it is complying fully with the requirements of the Resettlement Plan. YOU ARE WELCOME TO EXPRESS VIEWS AND ASK QUESTIONS ON ANY ISSUES RELATED TO THE PROJECT. 44 Annex 3 Minimum requirements for an ARAP and RP Abbreviated Resettlement Action Plan An abbreviated plan covers the following minimum elements: (a) a census survey of displaced persons and valuation of assets; (b) description of compensation and other resettlement assistance to be provided; (c) consultations with displaced people about acceptable alternatives; (d) institutional responsibility for implementation and procedures for grievance redress; (e) arrangements for monitoring and implementation; and (f) a timetable and budget. Resettlement Action Plan 1. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan. 2. Description of the project. General description of the project and identification of the project area. 3. Potential impacts. Identification of (a) the project component or activities that give rise to resettlement; (b) the zone of impact of such component or activities; (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. 4. Objectives. The main objectives of the resettlement program. 5. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including (a) the results of a census survey covering (i) current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on 45 livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (iii) the magnitude of the expected loss--total or partial--of assets, and the extent of displacement, physical or economic; (iv) information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be made; and (v) provisions to update information on the displaced people's livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. (b) Other studies describing the following (i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (ii) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; (iii) public infrastructure and social services that will be affected; and (iv) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 6. Legal framework. The findings of an analysis of the legal framework, covering (a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the project; (c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights; customary personal law related to displacement; and environmental laws and social welfare legislation; (d) laws and regulations relating to the agencies responsible for implementing resettlement activities; (e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank's resettlement policy, and the mechanisms to bridge such gaps; and 46 (f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land--including claims that derive from customary law and traditional usage (see OP 4.12, para.15 b). 7. Institutional Framework. The findings of an analysis of the institutional framework covering (a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) an assessment of the institutional capacity of such agencies and NGOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. 8. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 9. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost asset. 10. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. 11. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected, covering (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and (d) legal arrangements for regularizing tenure and transferring titles to resettlers. 12. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 47 13. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 14. Community participation. Involvement of resettlers and host communities, (a) a description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities; (b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries); and (d) institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 15. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, Including (a) consultations with host communities and local governments; (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers; (c) arrangements for addressing any conflict that may arise between resettlers and host communities; and (d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. 16. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 17. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies' capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 48 18. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 19. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 20. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. 49 Annex 4 Community workshops details and key findings Table 8: Summary of community workshops, location, participants and water supply characteristics. Total Women/ Men/ Average C Date Time Location Village Current water supply participants Aine Mane age 1 31-Jul-17 2:00pm Te Makin (community) Betio 41 30 11 36 PUB and rainwater No PUB, use rain and if no rainwater Santo Kabiriera (Catholic 2 31-Jul-17 5:00pm Betio 41 25 16 41 drink well water or buy rainwater from maneaba) sports complex or pay PUB to fill tank Ambo Clinic (Mother health PUB and well water, rainwater from 3 1-Aug-17 10:00am Ambo 11 10 1 44 committee) church at 20c/bucket (approx $1/wk) 4 1-Aug-17 2:30pm Kawan Bairiki, village maneaba Bairiki 21 12 9 50 PUB, well and rainwater PUB and rainwater from church at 5 1-Aug-17 4:30pm Te Toamatoa (Community) Nanikai 16 5 11 44 50c/bucket PUB, rainwater, Well and water from 6 2-Aug-17 10:30am Tetaobe maneaba Teaoraereke 9 3 6 51 Taotin Desalination Plant 7 2-Aug-17 11:30am Beteriin maneaba Ambo 8 1 7 51 PUB, rainwater and Well 8 2-Aug-17 4:00pm Nikawewen Te Ota Antemai 23 13 10 38 PUB, well and rainwater 9 2-Aug-17 2:00pm Boon Auriaria Eita 21 7 14 34 Water and Rain 10 2-Aug-17 4:00pm Teitonete maneaba Teaoraereke 16 12 4 47 PUB, Well and rainwater 11 2-Aug-17 5:30pm Santo Mikaere Banraeaba 15 11 4 39 Well and Rain water Nei-Namo-Reitaki (Community), PUB ($ 10 per 1000 Litre) Well and 12 3-Aug-17 11:30am Bikenibeu 15 15 0 45 Borenga's House rainwater 13 3-Aug-17 2:00pm Ionatia KUC Bikenibeu 10 4 6 47 PUB, Well and rainwater 14 4-Aug-17 10:00am Tiiaa's House - Nukan Te Bike Bonriki 15 7 8 36 Well and rainwater Maurin rotin te kokona (community 15 4-Aug-17 12:00pm Bonriki 33 30 3 42 Well and rainwater maneaba) (New Road) 16 4-Aug-17 2:00pm Te Utuae Tabu maneaba (Catholic) Bonriki 70 27 43 41 Well and rainwater 17 5-Aug-17 11:00am ANNAUAU Temwaiku 1 18 10 8 42 PUB, Well and Rain water 18 5-Aug-17 11:30am Umatoro Abarao 5 1 4 50 Well and rainwater 19 5-Aug-17 2.00pm Urano Uamai Nawerewere 22 14 8 50 Well and rainwater 20 5-Aug-17 3:30pm Catholic maneaba Temwaiku 2 16 11 5 40 PUB, Well and rainwater 50 Based on the small group presentations and workshop participant discussions, the following conclusions were reached: 1. There is support for the project and willingness to pay for water if it is set at an affordable rate. 2. There is a risk that if a tariff is not affordable the project will fail, as people will bypass the system or they will be forced to use an unsafe supply (well water) creating inequity and therefore a failure in the project to achieve its objective of improved health. 3. The willingness to pay of those consulted is likely to be less than AU$10/month/HH although this needs to be confirmed through a more detailed study, such as a Willingness to Pay (WTP) survey. 4. Confidence in PUB’s ability to sustainably manage the upgraded and new infrastructure is low. 5. Communal taps which charge for water used are not popular and will not be supported by community members if these are the only service option. 6. There are concerns related to the safety of desalination water and about its potential effect on health as well as concerns about the water’s taste. 7. Community are willing to play a role in managing the water supply system at a household level and through reporting issues to the PUB. 8. The taps are likely to be the weakest point in the system and a risk to achieving lower Non Revenue Water targets. 9. Environmental impacts of the desalination process and water are a key concern of the community. 10. The KAPIII Pilot presents an excellent opportunity to test questions on service options, community management, tariff structures and levels and willingness to pay. Te Toamatoa (Disabled Persons Association) The community representatives from Te Toamatoa (Disabled Persons Association) who participated in the workshop held on 1 August 2017, as well as raising concerns and ideas described above, also highlighted some important considerations to improve accessibility to their members who have a range of physical disabilities. These include:  Providing taps into the kitchen areas so there is a shorter distance to access.  Providing multiple taps to the community (which has 16 people and multiple households) but would share one meter.  Support for maintenance of taps from the PUB, as their disability may prevent them from being able to make any repairs.  Providing a water meter that shows the cost – not just the water consumed or that cuts-out when ‘too much water’ has been used – to avoid any bill shock.  Providing subsidised rates for disabled people due to limitations in their ability to earn income. The findings from these workshops will be integrated into the Project design for the reticulated water supply network and referenced in the RP prepared for that project component. Ensuring that the comments arising from the Community workshops are carried forward and implemented will lie with the PMU Safeguards and Gender/Social Specialists. 51