INTRODUCTION
BACKGROUND
The project will provide technical support for ERP program design and systems strengthening to build government capacity to access and use future performance-based incentives for reduced deforestation, degradation and land-use change. As such, the project will support analytics, capacity building, sub-programme design to test different incentive models and stakeholder engagement, and test sustainable land use management practices and their enforcement and their overall management of safeguards.
PURPOSE OF THE FRAMEWORKS
To strengthen the management of risks and impacts related to livelihood displacement and access restrictions resulting from the project implementation, a Resettlement Planning Framework (RPF) has been prepared as a safeguard in case resettlement risks are anticipated. The RPF also includes a process framework (PF) to address access restriction risks for forest-dependent communities, including indigenous peoples, as a result of ERP implementation.
DISCLOSURE AND CONSULTATIONS
PDO achievements will be measured through the following indicators: a) land area under sustainable forest management and/or restoration practices (ha), b) GHG emission reductions in Jambi (MtCO2e) and c) number of people achieved with benefits (wealth and/or services) (% women). Conducting the analysis of (1) physical and legal data of land parcels within the forest area; and (2) the ecosystems of the parcels of land in question; and. J-SLMP will compensate assets and investments (including labor, crops, buildings and other improvements) according to the provisions of the resettlement plan.
Otherwise, compensation will be paid in kind for the replacement cost without depreciation of the structure. The schedule should show how the resettlement activities are related to the implementation of the overall project. SEKBER in Jambi Province is a key partner in the implementation of the J-SLMP Programme.
Each respective district/city government will be responsible for the implementation of the J-SLMP program in its region. This monitoring report will be submitted to SEKDA, and then SEKDA will submit to WB in the form of an annex to the status report.
PROGRAM DESCRIPTION
PROJECT COMPONENTS
The daily management of these areas is the mandate of the Forest Management Units (KPH). The management of state lands outside the Forest Area is under the mandate of the district and provincial governments. Control of restoration and access restriction issues will be part of the environmental and social review as detailed in the ESMF.
Description of the project: Description of the project, activities and summary of potential resettlement impacts. Formal agreement: the agreement will be signed by all participant/representative of the participants to formalize the PoA. Monitoring is an ongoing evaluation process of the J-SLMP implementation and responds to emerging risks considered under the RPF and PF.
Finally, a summary of ex post resettlement evaluation included in a Program Completion Report (PCR) will be prepared prior to the closure of the Program. Potential impacts: Identification of (a) the sub-project component or activities that give rise to resettlement, (b) the impact zone of such component or activities, (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms put in place to minimize relocation, to the extent possible, during project implementation.
ASSESSMENT OF POTENTIAL RISK OF INVOLUNTARY RESETLEMENT
LEGAL AND INSTITUTIONAL FRAMEWORK
GOI’S LEGAL AND INSTITUTIONAL FRAMEWORK
Management of resettlement and access restriction Risks within Forest
Outline recommendations for property settlements in the forest area to forward to the Governor for approval. The land in question was occupied and/or titled prior to the designation of the forest area.
Management of resettlement and access restriction Risks outside the
Within the HGU, if land is from state land and forest areas, there is prior occupation, permit holders are responsible for paying fees to the residents of the land in question based on mutual agreement between both parties. However, tenure determinations under TORA are outside the scope of the project and fall under the wider development program of the Government of India.
GOI’S ONGOING EFFORTS TO ADDRESS TENURE SETTLEMENTS
- Improving Spatial Planning
- Protection HCV Forest within Concessions and Oil Palm Plantation
- Agrarian Reform
- Customary Forests (Hutan Adat)
- Traditional Zones and Conservation Partnership in National Parks
As of 2015, conservation programs have been implemented to enable communities to access and utilize non-timber forest products in designated traditional zones within national parks. Through these partnership arrangements, conservation areas have helped improve the welfare of 4,812 households in 62 villages living in and on the fringes of 15 national parks.
WORLD BANK SAFEGUARD
Policy Requirements
The policy distinguishes between situations involving "involuntary land seizure" (section 3[a]) and "involuntary restriction of access to legally designated parks and protected areas that adversely affect the livelihoods of the displaced" ( section 3 [B]). In situations where Section 3(a) occurs, i.e. involuntary physical movement and possible restriction of access associated with such move, a resettlement policy framework is required. Restrictions on access to natural resources in protected areas require different provisions than land grab situations.
This PoA/Community Development Plan should set out the specific measures taken to assist people who do not have access to natural resources in parks and protected areas and the implementing arrangements.
Eligibility and Entitlements of PAPs
Involuntary restriction of access to legally designated parks and protected areas, resulting in a negative impact on the livelihoods of the displaced. In the event that RAPs are required, SEKDA may employ an independent monitoring body to oversee the implementation of the plan. Compensation cost values will be based on replacement costs as of the date replacement is due or the date of project identification, whichever is higher.
A District Commissioner assigned to the Ministry of Lands and Settlement, of the Resettlement Committee, will decide the extent of the RAP based on a review of this data. After approval from the Resettlement Committee, the compensation, resettlement and rehabilitation activities of the RAP will be satisfactorily completed and verified by the communities before funds for civil works under the sub-project can be disbursed. Prior negotiations, between government representatives and project beneficiaries, are therefore decisive for the success or failure of the project.
The directorate will coordinate the preparation of the RPF document the relevant stakeholder including P3SEKPI. The Joint Secretariat for Forest Resource Management (SEKBER) will advise the SEKDA during the implementation of the ER programme.
J-SLMP RESETTLEMENT PLANNING FRAMEWORK AND
Agrarian Risk screening
Consideration of Alternatives
The report should include: (i) a progress report on the RAP implementation; (ii) any deviations from the provisions and principles of the RAP; iii) identification of outstanding issues and recommended solutions so that management agencies are informed of the ongoing situation and can resolve issues in a timely manner; and (iv) a report on progress in the follow-up of issues and problems identified in the previous report. The scope and degree of detail of the resettlement plan varies with the size and complexity of the resettlement. Description of the sub-project: General description of the sub-project and identification of the sub-project area.
Institutional Framework: The results of any analysis of the institutional framework covering;. a) identification of agencies responsible for resettlement activities and NGOs that can play a role in project implementation.
Baseline and Socio-conomic Data
Preparation of Resettlement Action Plan (RAP)
Objectives and studies carried out: Objectives of the resettlement program and a summary of studies carried out to support the planning and implementation of resettlement. Scope of displacement: Summary of the number of persons, households, structures, public buildings, businesses, cropland and churches that will be affected. Resettlement sites: site selection, site preparation and relocation, alternative sites considered for resettlement; explanation of the selected sites and the impact on host communities.
Monitoring, evaluation and reporting: arrangements for monitoring the resettlement activities of the executive agency, supplemented by independent observers to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs and results for resettlement activities; involvement of the displaced in the monitoring process;
Preparation of Plan of Action (POA)
Cost and budget: tables with detailed cost estimates for all resettlement activities, including allowances for inflation, population growth and other contingencies; spending schedules; sources of income; and arrangements for timely cash flow and funding for possible resettlement in areas beyond the jurisdiction of the Executive Agencies. Preparation: During the preparation process, J-SLMP should perform site screening, identify the PAPs, prepare the consultation material in local context, send invitation to the PAPs, indicative care of the PAPs, etc. The consultation is done freely and voluntarily without any external manipulation, interference or coercion, for which the consulted parties have prior access to information about the intent and scope of the proposed project in a culturally appropriate manner, form and language.
The PoA document should reflect a description of the program components, identification of PAPs, baseline conditions of affected communities, methods of livelihood restoration, and mechanisms of dispute/conflict resolution that may occur within the Program;.
REVIEW AND CLEARANCE .............. ERROR! BOOKMARK NOT DEFINED
Quality gaps will be addressed through district-level training for relevant service providers and reviewers, funded by the project as part of the capacity building budget. Complaints procedures will therefore ensure that PAPs are adequately informed of the procedure before their assets are taken. The Local Administration or City Council will then try to resolve the problem (through dialogue and negotiation) within 14 days of filing the complaint.
At this stage of preparation, where the risks of resettlement and access restriction together with their locations cannot be determined and the number of PAPs cannot be determined, it is not possible to provide an estimated budget for the total costs of resettlement that may be related with the implementation of the RPF and PF. DGCC will coordinate with the coordinating Ministry of Economy as a lead sector of the inventory and verification team and other members to carry out the inventory and verification of occupied forest area and the implementation of RPF and PF. To ensure proper coordination between the various executive bodies, a steering group will be set up to represent the interests of the relevant ministries of the national government and the governor of Jambi.
INTERNAL MONITORING
A functioning monitoring process provides a feedback loop for affected agencies to address systematic issues as well as emerging risks during the implementation of the J-SLMP, and therefore the main principles of risk avoidance and minimization can be achieved through this RPF and PF. Number of people affected by types of impact and program component and status of compensation, relocation and income recovery for each item. The apportioned costs for the activities or for compensation payment and costs paid for each activity;.
INDEPENDENT MONITORING
Any potential issues in restoring living standards are reported and suitable measures will be suggested to ensure that the program objectives are achieved.
METHODOLOGY FOR INDEPENDENT MONITORING
A description of packages of compensation and other resettlement measures that will help each category of eligible displaced persons to achieve the objectives of OP 4.12. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced and drawn up in consultation with them. 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 those impacts (coordinated as necessary with the environmental assessment of the main investment requiring resettlement).
Community participation: a description of the strategy for consultation with and participation of resettlers and host communities, including. a) a description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of resettlement activities.
