D. Subproject Resettlement Principles
XI. INSTITUTIONAL ARRANGEMENTS
129. The Ministry of Public Works and Housing (MPWH) through the Directorate General of Water Resources (DGWR) is the Executing Agency (EA) of the FMNJP, including the Cisanggarung FRM subproject. The EA is responsible for overall coordination, policy direction, and administration of the project activities, including those related to social safeguards planning, implementation, and monitoring. A Central Project Management Unit (CPMU) is established by DGWR.
130. Specific roles and responsibilities of the CPMU i.e., (i) disseminating the project related information during various phases of the project to the public and the project beneficiaries as envisaged in the agreed LARP; (ii) ensuring that public consultation is properly conducted in accordance with the provisions in the agreed LARP; (iii) ensuring the budget is available in a timely manner for land acquisition; (iv) monitoring and management of the GRM; (v) conducting regular monitoring meetings to discuss the progress of the project implementation and resolve outstanding problems; and (vi) consolidating the semi-annual social safeguards monitoring submitted by the PIUs for submission to the ADB.
131. The subproject implementation unit (PIU) is the Cimanuk-Cisanggarung RBO. The PIU will be responsible for the day-to-day implementation of the Subproject and will be accountable for implementation, monitoring, and reporting of technical, safeguards and financial issues. The PIU will ensure that the land acquisition, compensation, and assistance of the subproject will be implemented in compliance with the provisions of the agreed LARP. The PIU will also obtain all clearances and fulfil government requirements and safeguard permits. The PIU will be responsible for data required for LARP updating, implementation, and monitoring of the LARP implementation, preparing the progress reports, and coordination with relevant agencies including provincial or district environmental agencies, land office, regional development acceleration team to consult and/or obtain endorsement if necessary.
132. At the regional level, the RBO will collaborate with both national level agencies and regional agencies. In addition to coordinating with the DGWR and the Directorate of River and Coast, the PIU also work closely with local governments, the regional land agencies (BPN) in land acquisition matters and the key regional technical agencies (Water Resources/Irrigation, or SDA, Bappeda, Agriculture, Forestry) at both provincial and district levels. The RBO shall also appoint social safeguard focal person to ensure the application of safeguard principles in land acquisition, compensation, and assistance as per provisions of the agreed LARP, ADB’s SPS (2009) and national laws and regulations. The social safeguard focal person must have a good understanding of ADB SPS 2009 and related GOI regulations regarding land acquisition.
133. The following are the role and task of social safeguard focal person that will be appointed by the RBO:
(i) Work in coordination with the PIC for the day-to-day implementation and monitoring of LARP implementation, including LRP activities.
(ii) Support the LAIT in implementation of the entire land acquisition process, including (i) providing information, facilitating consultations and disclosing information to AHs, and (ii) supporting land clearing process including DMS, RCS, compensation negotiations and compensation payment process.
(iii) Supporting the functioning of the GRM. The social safeguard staff will be a member of the Grievance Redress Committee.
(iv) Ensure that public consultation is properly conducted in accordance with the provisions in the agreed LARP.
(v) Ensure the budget is available in a timely manner for land acquisition.
(vi) Prepare and implement the LARP in accordance with the agreed LARP.
(vii) Monitor and document the grievance resolution.
(viii) Coordinate with local governments to implement the LRP.
(ix) Maintain the database and documents of the Project in the PIU’s office.
(x) Prepare social safeguards monitoring reports to submit to the CPMU for consolidation.
(xi) Report any social safeguards issues arising during subproject preparation and implementation to the CPMU, ADB and relevant agencies.
134. The manager of land acquisition Cimanuk Cisanggarung RBO and Asset division of Cimanuk Cisanggarung RBO will be in charge of managing the RBO land to avoid encroachment of local villagers into the RBO land.
135. The West Java Provincial Government will be responsible for issuance of the subproject location determination by the Governor Decree and establishment of Land Acquisition Preparatory Team (LAPT). In the case there are complaints and objections (grievances), location determination governor (through the LAPT) will be responsible for addressing the complaints.
136. The KATR/BPN) at the local level in Kuningan District where the land acquisition of households for the subproject components will occur will be the main actor in the implementation of land acquisition activities. The BPN will establish a LAIT and land acquisition task force to conduct asset valuation activities that involve selection of independent evaluators, measuring and estimating the value of assets, negotiating with APs and certifying land and asset (property) compensation levels, conducting the transaction and receive land before handing over the affected land to the RBO.
137. District Local Government. Local government of the subproject districts will also play an important role at the site level, including implementing the LRP and ensuring that the subproject is in line with the spatial plan of the district. The district local government is responsible for issuing the subproject location determination.
138. Subdistrict and village government will be directly involved in facilitating, planning, preparing and implementing the land acquisition activities. The land acquisition process must involve the village and sub-district governments at every stage of the land acquisition planning, preparation, and implementation. Village leaders will play important roles in organizing the community for consultation, supporting DMS and SES, providing compensation payments, and implementing the LRP. Community leaders will have an important role in consulting on the project planning and implementation phases.
139. Project Implementing Consultant (PIC). A qualified loan-funded safeguard expert will assist the CPMU in the preparation and implementation of social safeguard documents, monitoring and reporting related to social safeguards issues to CPMU and ADB. At the site level, IA will establish a team of consultants, including a social safeguards specialist to support, monitor and evaluate the subproject implementation. The social safeguard specialists are responsible for (i) ensuring that subproject activities will comply with ADB's SPS (2009) and government regulations, (ii) assisting the PIU for the day-to-day implementation and monitoring of the social safeguards plans, (iii) providing capacity building training on social safeguards related tasks/
activities, (iv) supporting the functioning of the GRM, (v) assist the PIU in preparing semi-annual social safeguards monitoring reports for submission to the ADB.
140. Roles and responsibilities of relevant stakeholders in social safeguards planning,
implementation, and monitoring are documented below.
Table 31: Roles and Responsibilities of Relevant Stakeholders in Social Safeguards Planning, Implementation, and Monitoring
Project Implementation Organizations Roles and Responsibilities National Steering Committee
National Development Planning Ministry
Ministry of Public Works and Housing (MPWH)
• Oversee progress and provide guidance on the implementation effectiveness of the land acquisition requirement of the project and social safeguard.
• Monitor and evaluate the overall project performance and outcomes including social safeguard.
• Assist in resolving any land-related issues in accordance with the current legislation
Executing Agency
Ministry of Public Works and Housing through the Directorate General of Water Resources (DGWR) Central Project Management Unit
• Overall responsible for implementation of subprojects
• Will establish a central project management unit (CPMU) within the DGWR to consolidate activities and reporting from project implementation units (PIUs) including social safeguards issues.
• The CPMU secretariat will be headed by the Director of System and Strategy for Water Resources Management (DSSWRM), DGWR and staffed with social and environmental safeguards and gender.
• Ensure that loan covenants are complied with social safeguards requirements of ADB
• Consolidate quarterly and annual reports, including safeguards and submit them to ADB for review and approval.
• Consolidate the semi-annual social safeguards monitoring reports submitted by the PIUs for submission to the ADB Project Implementing Unit
Cimanuk Cisanggarung RBO
• Appoint a social safeguards officer.
• Carry out overall updating, implementation of LARPs and monitoring of the LARP implementation including budget for compensation and allocate needed resources for resettlement- related activities.
• Conduct of gender-inclusive consultations and project
information disclosure to ensure that affected persons and other key stakeholders are engaged and well-informed about the project impacts and its proposed compensation and mitigation measures.
• Resolve complaints as per the project-level GRM and monitoring and reporting of grievance resolution.
• Monitor and ensure land acquisition including timely and adequate compensation payment and livelihood restoration according to approved entitlements in the agreed LARPs.
• Provide quarterly and annual reports including social
safeguards as required under the loan agreement and submit to ADB.
• Ensure updating or formulation of LARPs/ LARP addendum, if required, based on unanticipated impacts.
• Ensure the disclosure of LARPs and monitoring reports.
• Liaise with ADB on all matters relating to resettlement and submits regular monitoring reports.
• Coordinate with the government and partner agencies for successful implementation of the project and social safeguards related activities
Local Government coordinated by BAPPEDA
• Lead and coordinate relevant local government agencies in preparing and implementing the LRP completed with the budget.
• Monitor the implementation of LRP including ensuring sufficient and timely budget allocation and program implementation.
• Coordinating with Ministry of Home Affairs (MOHA) for the LRP Land Acquisition Preparation Team • Notify the development plan to the entitled parties or affected
persons and communities.
Project Implementation Organizations Roles and Responsibilities
• Perform preliminary data collection of the location for the development plan; and
• Hold a public consultation on the development plan and to reach agreement on the location.
• These activities result to project location determination (PENLOK) issued by the Governor
Land Acquisition Implementation Team
• Carry out inventory and identification of possession, ownership, use, and utilization of land.
• Designate and announce the appraiser to value the compensation.
• Conduct negotiation on form of compensation with entitled parties.
• Provide compensation payment to AHs;
• Assist in addressing any complaints, objections and proposals raised by the APs
Integrated Team for Social Impact Handling
• Collect data, verify and validate land parcels controlled or used by the community.
• Collect data, verify and validate the community who controls or uses the land.
• Propose a form of social impact handling.
• Appoint an independent party to calculate the amount of compensation.
• Facilitating the resolution of obstacles and problems in handling social impacts.
• Recommend a list of people who are entitled to receive compensation.
• Recommend the amount of compensation.
• Recommend mechanism and procedure Project Implementation Consultant:
Social safeguards
• Support CPMU and PIU/RBO in implementing IR safeguards
• Provide training to executing/ implementation agency (EA/IA) staff, relevant local government managing land acquisition and social safeguards, and contractor’s staff responsible for social safeguards.
• Supervise and monitor implementation of social safeguard plans (land acquisition resettlement plan [LARPs], due diligence report [DDR]) and impacts during construction and the mitigations.
• Prepare semi-annual social safeguard monitoring report and inputs to quarterly project progress report on social safeguards.
• In case of unpredicted resettlement impacts occur during project implementation, update the LARP or due diligence report to assess the potential impacts and outline mitigation measures the address the impacts
Project Contractors • Monitor and address impacts during construction including compensation for any damaged or lost assets set forth in the LARP and reflected in the contractor’s contract.
• Be responsible to receive and resolve grievances in collaboration with social safeguard consultant.
• Participate in briefing on social safeguards or participate in social safeguard training.
Source: TRTA Consultants.
141. Even though the land to be acquired is less than 5 hectares, Cimanuk Cisanggarung RBO will use the procedures stipulated in the land acquisition law for development in the public interest which includes the stages of planning, preparation, implementation and submission of results.
The main steps that must be taken for land acquisition are outlined in the table below:
Table 32: Institutions Responsible for the Preparation Stage and Implementation Stage of Land Acquisition
No Stage and activities Responsible institution
1 Subproject screening, identifying whether the subproject may/may not lead to involuntary land acquisition/resettlement
Cimanuk Cisanggarung RBO/ ADB
2 Preparation of a Land Acquisition and Resettlement (LARP) Cimanuk Cisanggarung RBO
4 Submission of the LARP to ADB for review and approval DGWR/ADB 5 Disclosure of the agreed LARP to APs, stakeholders and disclosure of
the agreed LARP on the websites of the ADB and project
DGWR/ ADB
7 LARP submission to the governor for location determination Cimanuk Cisanggarung RBO
8 Forming a Land Acquisition Preparation Team Governor/Regent 9 Delegation of authority to the mayor and the formation of a Land
Acquisition Preparation Team (LAPT) by the mayor
Governor/Regent
10 Notification of development plan LAPT at District Level
11 Initial identification LAPT at District Level
12 Public consultation LAPT at District Level
13 Repeating the public consultation if there is disagreement or objection about the development plan
LAPT at District Level 14 Handling of complaints/grievances by the governor and the court Governor and the
court
15 Issuance of decree of location determination Governor and regent 16 Announcement of the location determination 2 (two) working days after
issuance of decree of location determination through electronic media (page/website) or posted at the village office, subdistrict/city office and at the construction site
Governor, regent, Cimanuk Cisanggarung RBO
17 Forming Land Acquisition Implementation Team (LAIT) KATR/BPN at provincial / District level
18 Delegation of authority for land acquisition by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency at the provincial level (KATR/BPN province) to the land office at the district level
Head of KATR/BPN office at provincial level
19 Preparation for the implementation of land acquisition Head of KATR/BPN office at provincial level
20 Forming the Task Force responsible for inventory and identification LAIT at district level 21 Inventory and identification of entitled parties and objects of land
acquisition and legal aspects of assets
LAIT /Task force 22 Announcement of inventory and identification results LAIT
23 Data verification if there are objections/grievances to the inventory and identification
LAIT 24 Procurement of appraisal service (Kantor Jasa Penilai Publik/KJPP) LAIT 25 Assessment of compensation for land acquisition objects LAIT/KJPP
26 Updating of the LARP and ADB’s approval to the LARP Cimanuk Cisanggarung RBO
27 Disclosure of the agreed LARP on the project and ADB’s website.
Disclosure of the agreed LARP to affected persons and stakeholders
Cimanuk Cisanggarung RBO
28 Invitation for deliberation on compensation LAIT
29 Compensation review and considerations LAIT
30 Validation of compensation LAIT
31 Compensation payment LAIT
32 Rejection of objections/grievances: Preparatory Team, District Court, Supreme Court (if any)
District Court/Supreme Court
33 Deposit compensation funds to the district court LAIT 34 Release of rights over land acquisition objects LAIT 35 Termination of legal relations between the parties and the object of land
acquisition
LAIT 36 Documents such as plot of land maps, nominative lists (entitled parties),
and land acquisition administrative data
LAIT 37 Submission of land acquisition results to Cimanuk Cisanggarung RBO LAIT
No Stage and activities Responsible institution
38 Certify the results of land acquisition Cimanuk Cisanggarung
RBO
39 Implementation Development Cimanuk Cisanggarung
RBO Source: TRTA Consultants.
142. Capacity building. DGWR, Cimanuk Cisanggarung RBO and relevant Government’s agencies (District Land Office and others) have experience in working with ADB-funded projects.
However, according to the results of the interviews with the RBO officer on 9 September 2022, Cimanuk Cisanggarung RBO and related stakeholders still need to be provided with capacity building training regarding land acquisition and resettlement planning, implementation and monitoring. ADB safeguards specialists will provide trainings and workshops on policies of ADB (SPS, 2009) as well as share lessons learned from similar projects. The Social Safeguards Specialist of the PIC will assist the RBO to update the LARP if applicable, implement and provide capacity building training on tasks/activities related to social safeguards issues. The capacity building training will be conducted to the staff of the Cimanuk Cisanggarung RBO who are responsible for preparing and implementing the social safeguards plans, the contractor(s) as well as the relevant local government staff in managing social safeguards issues. The training will be conducted prior to the implementation of LARP, and the first training sessions will be delivered prior to the commencement of DMS. The specific topics recommended for the training include:
(i) Strengthen knowledge and awareness of stakeholders on provisions in the LARP including ADB SPS 2009 on involuntary resettlement.
(ii) Requirements and procedures for LARP Implementation as well as understanding use of the detailed measurement survey instruments.
(iii) Processes to conduct meaningful consultations and mechanisms for grievance handling.
(iv) Orientation and finalization of detailed plans for livelihood restoration, plan for compensation disbursement and associated documentation.
(v) Data management system.
(vi) Tools and practices for monitoring and evaluation.
143. The LARP implementation will be scheduled in accordance with the overall subproject timeline. The LARP for the subproject is scheduled according to the overall project schedule. The EA will ensure that no physical displacement or economic displacement occur until (i) compensation at full replacement cost has been paid to each AP for subproject components that are ready to be constructed; (ii) other entitlements listed in the entitlement matrix have been provided to the APs; and (iii) the LRP is in place to help APs improve, or at least restore their incomes and livelihoods. The table below shows the tentative implementation schedule for the LARP updating and implementation:
Table 33: Tentative Implementation Schedule of LARP Updating and Implementation
No Activities Timeline
A LARP Preparation
1 Submission of LARP to ADB for approval July 2023
2 Disclosure of the agreed LARP on the websites of the project and ADB and PIB
distribution to the APs and stakeholders July - 2023
3 Submission of Land Acquisition Plan (DPPT) to the Governor for project location
determination Quarter 2 - 2023
4 Land Acquisition Preparation and Project Location and Determination Issuance July 2023 B LARP Updating
5 Detailed Measurement Survey and finalization of the APs/affected parties and September 2023 or
No Activities Timeline
the losses by LAIT Before the Project
Implementation 6 Valuation on lost assets/income by independent and qualified replacement cost
appraisers September 2023
7 Consultation with the AHs on the DMS and RCS results, entitlements on
compensation and assistance, GRM, LRP, implementation schedule, etc. September 2023 8 Updating the LARP based on the results of the DMS, RCS, and consultations
with APs November 2023
9 Submission of the updated LARP to ADB and ADB’s approval December 2023 10 Disclosure of the agreed updated LARP on the websites of the project and ADB
and distribution of the final PIB to the APs and stakeholders. January 2024 C Compensation Payment and Livelihood Restoration Program
11 Continued consultation on the compensation January 2024
12 Delivery of compensation payment January 2024
13 Implementation of the LRP Quarter 1 of 2024 –
Quarter 3 of 2024 D Monitoring Report
14 Internal monitoring and semi-annual reporting
Starting Quarter 3 2023 (continuing in every six months during subproject implementation until the project
completion)
15 External monitoring Starting Q1 2024
Source: TRTA Consultants.