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Social Monitoring Report

#Semestral Report (July – December 2017) December 2018

Indonesia: Neighborhood Upgrading and Shelter

Project – Phase 2

Prepared by the Directorate General of Human Settlements, Ministry of Public Works and Housing

for the Republic of Indonesia and the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 30 November 2018)

Currency unit – rupiah currency name in lowercase (Rp)

Rp1.00 = $0.00007 $1.00 = Rp14,240

ADB – Asian Development Bank APBD – Anggaran Pendapatan and Belanja Daerah (Regional

Budget Income and Expenditure) DGHS – Directorate of Human Settlements

NOTE

(i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011.

(ii) In this report, "$" refers to US dollars. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 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 does not intend to make any judgments as to the legal or other status of any territory or area.

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Table of Contents

LIST OF TABLES ........................................................................................................................ 3

LIST OF FIGURE ........................................................................................................................ 3

LIST OF APPENDICES .............................................................................................................. 3

CHAPTER I. PROJECT BACKGROUND AND DESCRIPTION .................................................. 5

CHAPTER II. PROJECT IMPLEMENTATION PROGRESS ....................................................... 7

CHAPTER III. RESETTLEMENT................................................................................................ 8

CHAPTER IV. COMPENSATION AND INCOME RESTORATION PROGRAM .......................... 9

CHAPTER V. LAND DONATION ............................................................................................. 13

CHAPTER VI. DISCLOSURE, CONSULTATION AND PARTICIPATION ................................ 16

6.1. Disclosure ......................................................................................................................16

6.2. Public Consultation/Information Dissemination Meetings ...............................................16

CHAPTER VII. GRIEVANCE REDRESS MECHANISM (GRM) ............................................... 18

CHAPTER VIII. INSTITUTIONAL ARRANGEMENT AND CAPACITY BUILDING .................... 20

CHAPTER IX. CONCLUSION AND CORRRECTIVE ACTIONS ............................................... 21

9.1. Conclusion .....................................................................................................................21

9.2. Corrective Actions .........................................................................................................21

APPENDICES ........................................................................................................................... 22

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LIST OF TABLES

Table 1. Livelihood Restoration Program offered to APs in Pekalongan ................................ 9

Table 2. Livelihood Restoration Program offered to APs in Kapuas ...................................... 9

Table 3. Program Participation ............................................................................................ 10

Table 4. Names of Affected Households (AHH) in NSD Palopo .......................................... 11

Table 5. APs and the Livelihood and Social Program .......................................................... 11

Table 6. Schedule of Recovery Programs ........................................................................... 11

Table 7. Consultation/Information Dissemination Meetings ................................................. 17

LIST OF FIGURE

Figure 1. Photo Documentation of Kelurahan Meeting (Muskel IV) in Kelurahan Selat Hilir,

Kapuas District .................................................................................................... 17

Figure 2. Work Flow of Grievance Redress Mechanism ...................................................... 19

LIST OF APPENDICES

Appendix 1. Letter of Bima Mayor to the Head of Bima District regarding the replacement

land for the Holding Ground and Animal Quarantine ....................................... 23

Appendix 2. Time Schedule of Offered Livelihood Recovery Program in Kapuas ................ 24

Appendix 3. Statement of Land Donation for NSD in Palopo ............................................... 25

Appendix 4. Minutes of meeting of Kelurahan Meeting (Muskel IV) in Kelurahan Selat Hilir,

Kapuas District ............................................................................................... 26

Appendix 5. List of attendees of of Kelurahan Meeting (Muskel IV) in Kelurahan Selat Hilir,

Kapuas District ............................................................................................... 28

Appendix 6. Community Land Contribution for Community Contracts at West Region FY

2017 ............................................................................................................... 30

Appendix 7. Community Land Contribution for Complex Civil Works at West Region FY 2017

....................................................................................................................... 34

Appendix 8. Community Land Contribution for Complex Civil Works at Central Region FY

2017 ............................................................................................................... 35

Appendix 9. Community Land Contribution for Community Contracts at East Region FY 2017

....................................................................................................................... 37

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ABBREVIATION

ADB Asian Development Bank AH Affected Household AP Affected People APBD Anggaran Pembangunan dan Belanja Daerah (Regional Budget Planning) BPJS Kesehatan Badan Penyelenggara Jaminan Sosial Kesehatan (Social Security for

Health) BPN Badan Pertanahan Nasional (National Land Agency) BSPS Bantuan Stimulan Perumahan Swadaya (Self-help Housing Assistance) CA Community Adviser CC City Coordinator CIO Community Implementing Organization DED Detailed Engineered Design DDR Due Diligence Report DGHS Directorate General of Human Settlement EA Executing Agency EMP Environmental Management Plan FGD Focus Group Discussion FY Fiscal Year GAP Gender Action Plan GRM Grievance Redress Mechanism Ha Hectare HH Household IEE Initial Environmental Examination IP Indigenous People IPAL Instalasi Pengolahan Air Limbah (Wastewater treatment plant) LARP Land Acquisition and Resettlement Plan LCO Local Coordinating Office LG Local Government MDG Millennium Development Goals NMC National Management Consultant NSD New Site Development NPW Nilai Perkiraan Wajar (Reasonable Reimbursement Value) NUAP Neighborhood Upgrading Action Plan NUSP-2 Neighborhood Upgrading and Shelter Program Phase 2 PDAM Perusahaan Daerah Air Minum (local government owned clean water

provider) PIP Pengembangan Infrastructure Pemukiman (Settlement Infrastructure

Development) PIU Project Implementing Unit (Satker or Satuan Kerja) PMU Project Management Unit PPP Public Private Partnership PWH Public Works and Housing RAB Rencana Anggaran Belanja (Project Budget) RMC Regional Management Consultant RP Resettlement Plan RTRW Rencana Tata Ruang dan Wilayah (Spatial Plan) RT/RW Rukun Tetangga/Rukun Warga (Subdivision Institution under RW/

Subdivision Institution under Kelurahan) Satker PKPBM Satuan Kerja Peningkatan Kualitas Permukiman Berbasis Masyarakat

(National PIU of Settlement Quality Improvement) SIAP Slum Improvement Action Plan SPS Safeguard Policy Statement

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CHAPTER I. PROJECT BACKGROUND AND DESCRIPTION

1. Approved on 31 March 2014, NUSP2 is aimed to upgrade basic public infrastructure

in slums, and contribute to meeting Millennium Development Goals (MDGs) targets for

achieving significant improvement in the lives of slum dwellers (MDG target 7D) and halving

the proportion of urban households without sustainable access to safe drinking water and

basic sanitation (MDG target 7C). The Project contributes to the implementation of the Cities

without Slums Program launched by the Government to address issues of the rapid

urbanization. The project covers 20 cities and improves basic infrastructure and living

conditions in selected slums.

2. NUSP Phase 2 assists 20 cities to develop and implement inclusive pro-poor city

development plans. The project improves living conditions in slum areas through (i) providing

resources to local governments and communities for upgrading basic infrastructure in slum

areas, (ii) strengthening planning and management capacities of local administrations for

inclusive pro-poor urban planning, (iii) establishing sustainable mechanisms to engage

communities in urban development planning processes, and (iv) launching public private

partnerships (PPPs) to establish affordable housing areas for poor families.

3. As stipulated in the Project Data Sheet, the NUSP-2 has a Safeguard Category B for

Involuntary Resettlement and Category C for Indigenous Peoples. The Category B means

the project will not include physical displacement and loss of more than 10 percent of

productive assets (income generating) of 200 or more persons due to involuntary land

acquisition. And the Category C for Indigenous Peoples means that the Project is not

expected to have any negative impacts on indigenous people. There are no indigenous

people reported in location nearby the project locations.

4. Since the project will adopt CDD approach, the specific intervention will be identified

by the community members only during project implementation, thus potential issues related

to land acquisition can be identified only at later stage. In the context of specific

neighborhood upgrading activities, i.e. construction of public sanitation facilities, small land

portions might be acquired from community members or donated voluntarily. Land required

for new settlement for poor families will be provided by participating districts/cities

government and resettlement issues are not expected or to be minor.

5. The expected impact of the NUSP-2 is improved living conditions in urban areas. The

outcome is improved infrastructure and access to service delivery in slum neighborhoods in

20 project cities. As for the outputs, the NUSP-2 has three outputs: (i) Institutional capacities

for managing pro-poor urban development strengthened; (ii) infrastructure in slum

neighborhoods upgraded; and (iii) new settlements for poor families established.

6. In efforts to improve infrastructure in slum neighborhoods effectively, the

infrastructure activities under NUSP-2 are grouped into three categories of work packages:

1). Community contracts (skala lingkungan);

2). Complex civil works (skala kawasan);

3). New Site Development.

7. The community contract activity is designated to infrastructure works which self-

managed by CIO (Community Implementing Organization) in a neighborhood (kelurahan)

where they live. This kind of construction works is commonly manageable using manual

6

labors. Some of these community contracts are conducted in two or three phases or cycles,

depending on the amount of the budget they manage. Whereas, the complex civil works

activity is designated to infrastructure works which implemented by contracted firm selected

through bidding process. This kind of complex construction works may have scope across

neighborhoods and usually requires advanced or heavy equipments.

8. The New Site Development (NSD) Construction Activity. The NSD plans to

construct the public facilities and infrastructures for the newly built neighborhood, such as

paving roads, drainage system, clean water supply, solid waste management system and

landscape for open green space. There are 4 (four) cities/districts participating in the NSD

projects, namely: Kendari City, Palopo City, Bima City and Kapuas District. The NSD activity

is also implemented by contracted firms selected through bidding process, and has many

types of infrastructure works in a new land including house construction which implemented

by the DGHP.

9. This Report is the Semi Annual Social Safeguard Monitoring Report prepared to

comply with the loan covenants, covering the period of second semester of July to

December 2017 in a cumulative manner. This report covers resettlement and social

safeguard monitoring results in complying with the ADB safeguard policy statement.

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CHAPTER II. PROJECT IMPLEMENTATION PROGRESS

10. Community Contract Activity. During the second half of 2017, the NUSP-2 Project

has been continuing in 204 kelurahans (neighborhoods) within 20 cities. The Community

Implementing Organizations (CIO or BKM, Badan Keswadayaan Masyarakat) assisted by

Community Advisors (CA) have completed the whole cycles of 368 Community Action Plans

(CAPs or RKM, Rencana Kerja Masyarakat) in 204 kelurahans, and the land donation

required for the constructions have been complied to basic principle of land donation in

Resettlement Framework Paragraph 29, 30 and 31.

11. Complex Civil Works Construction Activity. In 16 cities/districts the 24 complex

civil work packages have been completed by contractor firms. The land donation for the

complex civil works have been complied to basic principle of land donation in Resettlement

Framework Paragraph 29, 30 and 31.

12. As the project implementation in complex civil works in Kapuas District and

Pekalongan City in 2016 have affected 149 peoples or 38 households and caused

resettlement, a Resettlement Due Diligence Report is still being prepared for each location.

However, the local government has been providing income recovery and livelihood programs

for the APs. The monitoring of the implementation of these programs is further elaborated in

Chapter IV Table 3 and 4.

13. The New Site Development (NSD). The current progress of Purirano NSD in

Kendari City is land preparation for housing construction. Later on, the NUSP-2 will provide

with public facilities and infrastructures on this site and the beneficiaries may occupy the

designated houses around mid 2018. There is no issue concerning land acquisition and

resettlement on this site, hence no further monitoring report of Kendari City NSD.

14. As for the NSD in Palopo City, there are two affected households who deserve the

income recovery and livelihood programs. The monitoring on implementation of these

programs is detailed in Chapter IV Table 4 of this report. The land acquisition reports for the

Palopo NSD are being prepared to complete the NSD technical proposals.

15. For the NSD in Bima, the government of Bima City has secured approval for land

donation from the government of Bima District in August 2017. Since the NSD needs

additional land, the government of Bima City requested more land, making the total land

asset to be transferred from the government of Bima District 3,91 Ha. The approval of

additional land transfer was granted in Septermber 2017. On this additional land requested,

4 dilapidated buildings formerly used as animal quarantine holding ground are considered as

affected structure and will be replaced and rebuilt on a new location as mentioned in the

Letter of Mayor of Bima City No.650/172a/V/2018 (Appendix 1).

16. In Kapuas District, the local government has secured approval for land utilization for

NSD from the local parliament in January 2017. The land title status is the property of the

government of Kendari City as shown in the Land Title Certificate issued in March 1996.

Since the land for NSD site is vacant and is the property of the local government of Kapuas

District, there is no issue on land acquisition and resettlement. The Due Diligence Report for

this NSD will be prepared around mid 2018.

17. The Land Acquisition Reports for the Kendari and Palopo are being prepared to

accompany the NSD’s Technical Proposals.

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CHAPTER III. RESETTLEMENT

18. During this reporting period (June-December 2017), no involuntary resettlement or

loss more than 10% of productive assets were reported. The land acquisition requirement on

small land for project construction activities was fulfilled voluntarily, where all the affected

land owners did not demand any compensation in return. The National Management

Consultant (NMC) safeguard team has encouraged the Regional Management Consultants

(RMC) safeguard specialists to continue carefully identifying and inventory all land donations

and completed with safeguard documents. Land Donation will be discussed separately in

this report.

19. However, livelihood recovery programs were required in the affected area of Kapuas

District and Pekalongan City to provide adequate supports to the affected peoples (APs).

Both local government of Kapuas District and Pekalongan City have prepared the

comprehensive livelihood recovery program with coordination with related local agencies.

The implementation of these recovery programs will be further detailed in the next chapter.

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CHAPTER IV. COMPENSATION AND INCOME RESTORATION PROGRAM

20. As of December 2017, during this reporting period, no construction activities or

schemes involved with any land acquisition and resettlement issues. However, for any

activities in the future which would involve with land acquisition and caused any resettlement

& rehabilitation, physical or economic displacement, the Resettlement Plan (RP) will be

prepared accordingly and subsequently with necessary monitoring of RP implementation.

Thus, the status of compensation payment to APs for their asset loss and mitigations of

different other social safeguard issues, if any, will be included in the next semi annual report.

21. As aforementioned in previous Chapter, the local governments of Kapuas District and

Pekalongan City have identified the suitable recovery programs to be offered to the affected

people. The process of program identification is carried out by considering educational

background, previous work experience and preference of the affected people. The livelihood

recovery or restoration programs provided by the local governments of Pekalongan and

Kapuas are presented in the following tables.

Table 1. Livelihood Restoration Program offered to APs in Pekalongan

No

Livelihood

Restoration Program Value Provider Financing

1. Kartu Indonesia Sehat 25,000/mo Dept of Health APBD

2. Kartu Indonesia Pintar 370,500/yr Dept of Education APBD

3. Program Keluarga

Harapan

200,000/mo Dept. of Social Affairs APBD

4. Pamsimas 240,000 Dept. of Public Works APBD

5. BSPS 15,000,000 Dept. of Housing and Settlement APBD

6. Posyandu Lansia 100,000/mo Dept of Health APBD

7. Sewing Training 1,875,000 Skill Training Center (BLK) of Kapuas District APBD

8. Carpentry Training 1,875,000 Subdepartmen of Construction Service (Jasa

Konstruksi/Jakon) of Kapuas District

APBD

9. Automotive Training

Course

1,875,000 Skill Training Center (BLK) of Kapuas District APBD

10. Agriculture & Fishery

Processing

1,875,000 Skill Training Center (BLK) of Kapuas District APBD

Table 2. Livelihood Restoration Program offered to APs in Kapuas

No

Livelihood Restoration

Program Value (IDR) Provider Financing

1. Kartu Indonesia Sehat 100,000/mo Dept of Health APBD

2. Kartu Indonesia Pintar 370,500/yr Dept of Education APBD

3. Program Bank Sampah - Div. of Waste Management APBD

4. Posyandu Lansia 100,000/mo Dept of Health APBD

10

No

Livelihood Restoration

Program Value (IDR) Provider Financing

5. Sewing Training 5.000.000,00 Skill Training Center (BLK) of Kapuas District APBD

6. Rattan Handicraft Training

Course

1,500,000 Department of Industry, Trading &

Cooperative of Kapuas District

APBD

7. Carpentry Training 4,500,000 Subdepartmen of Construction Service (Jasa

Konstruksi/Jakon) of Kapuas District

APBD

8. Credit for Small Business

(KUK)

70.000.000,00 Bank Rakyat Indonesia (BRI) APBD

9. Automotive Training

Course

5.000.000,00 Skill Training Center (BLK) of Kapuas District APBD

10. Welding Training Course 5.000.000,00 Skill Training Center (BLK) of Kapuas District APBD

11. Skill Certification Course 5.000.000,00 Subdepartment of Construction Service

(Jasa Konstruksi/Jakon) of Kapuas District APBD

22. The affected people in both sites were offered with the recovery programs, which

enthusiatically well accepted. The schedule for the offered livelihood recovery program in

Kapuas is shown in Appendix 2.

23. The participation of the AP’s in the recovery program presented in the following Table 3.

Table 3. Program Participation

Location No. of eligible

APs

Participation in Livelihood Restoration Activities by APs

Total AHs

Of which vulnerable

No. APs in

Sewing Training

No. APs in Rattan Handi craft

Training

No. APs in Carpen

try Trainin

g

No. APs in Credit

for Small Busine

ss

No. APs in

Welding Training

No. APs in

Automotiv

e Traini

ng

No. APs in

Skill Certification Cours

e

No. APs in Farming and

Fishery Proces

sing

Pekalongan

Pasir Keramat Keraton

32 5 - - - - 3 - 7 32 30

Kapuas

Selat Hulu

4 1 1 2 2 1 1 - - 4 4

Selat Tengah

2 - - 1 1 1 1 1 - 2 2

Total 38 6 1 3 3 2 5 1 7 38 38

24. In the Palopo NSD, a total of 20,000 m2 (2 hectares) acquired land for the

construction of NSD was owned by two households, the name presented in the following

table:

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Table 4. Names of Affected Households (AHH) in NSD Palopo

No. N a m e of the head of

AHH

Male/ Female

Age Occupation Total Land

owned Lost Land

Severity (Yes/No)

01. Hatija Parakkasih

F 48 Enterpreneur 13.797 m² 10.797 m² Yes

02. Mustahir Ali M 50 Enterpreneur 19.203 m² 9.203 m² Yes

25. Since the land was unoccupied and non-productive, the land acquisition did not affect

the productive income. The two landowners live outside the NSD land. Hatija Parakkasih

lives outside of Palopo City, while Mustahir Ali lives in Palopo City. They are still in a

productive age, not disabled persons and are not considered vulnerable groups. An agreed

amount of the compensation money was used to buy car, renovating house, and meet other

needs. However, both households were provided with the agreed livelihood recovery

program as can be seen in Table 5 and Table 6 below.

Table 5. APs and the Livelihood and Social Program

No. Name of HH

member

Livelihood Training Social Program

Cellular Repair

Culinary Computer 12 Yrs Free

Education

National Health

Security

Local Rice-Aid

1 Mustahir Ali 2 Muhammad 3 Ratna 4 Puddin 5 Syafruddin, SE 6 Hatijah 7 Amiruddin

Table 6. Schedule of Recovery Programs

No

Name of Program

Beneficiaries (HH)

PIC Financed

by

Schedule of Implementation (month)

1 2 3 4 5 6 7 8 9 10 11 12

1 National Health Security

3 Local Health Agency

Regional Gov’

Budget

2 12 Yrs Free Education

1 Local

Education Agency

Regional Governm

ent Budget

3 Local Rice Aid

3 Local Social

Agency

Regional Governm

ent Budget

4 Trainings 3 Local Labor

Agency

Regional Governm

ent Budget

12

26. The continuing implementation livelihood recovery program in Kapuas, Pekalongan

and Palopo will be done in FY 2018. This will be monitored and reported in the next Semi

Annual Social Monitoring Report.

13

CHAPTER V. LAND DONATION

27. The relevant basic principles set forth in the Resettlement Framework document

(paragraph 29, point a, d, g and i) to be applied for the projects are as follows:

(i) Acquisition of land and other assets shall be avoided and minimized as much

as possible by exploring project and design alternatives and appropriate

social, economic, operational, and engineering solutions that have the least

impact on populations in the project area.

(ii) APs shall be fully consulted and informed on the project, their entitlement and

resettlement options. As well as the assistance measures. Ensure the APs

participation in planning, implementation, and monitoring and evaluation of

resettlements programs. Particular attention will be provided to the vulnerable

groups and ensure their participation in consultations.

(iii) There shall be an effective grievance redress mechanism to receive and

facilitate resolution of the affected persons’ concern during the preparation and implementation of LARPs.

(iv) Appropriate monitoring shall be carried out to assess land acquisition

objectives and their impacts on the standard of living of the APs. The M& E,

mechanisms shall be identified and set in place as part of the land acquisition

management system. Monitoring reports should be disclosed.

28. As the project of the NUSP-2 are specific neighborhood upgrading activities, only

small land portions acquired from community members or donated voluntarily. Land required

for the new settlement for poor families in NSD sites would be provided by participating

district or city governments. Hence, the resettlement issues are not expected to occur or just

minor.

29. Concerning the basic principles point (ii), prior to the commencement of construction

works in NUSP-2 subprojects, there are socialization or information dissemination meeting

for the potential affected people to be fully informed and consulted about the project, their

entitlement and resettlement option. More on this information disclosure will be discussed in

Chapter VI. Disclosure, consultation and Participation.

30. As for the basic principles point (iii), the NUSP-2 has developed grievance redress

mechanism to receive and facilitate the AP’s concerns, and will be further described in Chapter VII. The appropriate monitoring will be carried out and the monitoring report would

be disclosed.

31. When the project construction activities require a small land acquisition the project

communities or individuals may decide to make voluntary contribution of the affected land

and non-land assets. It occurs if the affected land owners did not demand any compensation

in return. The land donation shall not cause significant loss to the owner and the owner must

be a direct beneficiary of the project. According to the resettlement framework, this shall be

acceptable only if the following requirements are in place:

(i) Full consultations with the land owners and any non-titled displaced persons

on site selection;

14

(ii) Ensuring that voluntary donations do not severely affect the living standards

of the APs, and are linked directly to benefits for the APs, with community

sanctioned measures to replace any losses that are agreed to through verbal

and written record by the APs;

(iii) No any coercion to those who are opted for the contribution;

(iv) Any voluntary “donation” will be confirmed through verbal and written record and verified by an independent third party such as a designated non

government organization or legal authority;

(v) Having adequate grievance redress mechanism in place; and

(vi) Safeguards must be built into the community decision making process and

included in the project implementation guideline to be followed by project

consultants and facilitators and shared with the project community members.

32. As the NUSP-2 adopts the CDD approach, the specific intervention is identified by

the community members themselves during project implementation. So the land owners and

any non-titled displaced person are fully consulted through series of kelurahan meeting

(Muskel). However, as the process of land provision that may need land donation has been

done in an open and transparent manner through the Muskel II and III, the communities are

not aware or feel necessary to confirm this voluntary donation through verbal or written

record by an independent third party as required in point (iv) of paragraph 28 above

(paragraph 30 of RF document).

33. There is no documentation of verbal or written records as well, due to poor

documentation at the community level. The project is still considering recruiting an

independent individual as the third party to verify verbal or written records of voluntary land

donation process. All the process of these land donations have still been partially complied

with the RF procedure as set forth in paragraph 29-31 of RF document, and will be improved

in the FY 2018 land donation procedures.

34. Land donation by beneficiary households is acceptable where:

(i) the impacts are marginal (based on percentage of loss and minimum size of

remaining assets);

(ii) impacts do not results in displacement of households or cause loss of

household’s incomes and livelihood; (iii) the households making land donations are direct beneficiaries of the project;

(iv) donated land is free from any dispute on ownership or any other issues;

(v) consultations with the affected households are conducted in a free and

transparent manner;

(vi) land transactions are supported by transfer of titles; and

(vii) proper documentation of consultation meetings, grievances, and action taken

to address such grievances is maintained

35. In NUSP-2 Project, the land donation is based on Community Self-survey (Survey

Kampung Sendiri) from which the community identify the need for infrastructure mentioned

in the Neighborhood Upgrading Action Plan (NUAP) document. The need for piece of land

for infrastructure then being identified, discussed and assessed during the Kelurahan

Meeting II (Musyawarah Kelurahan/Muskel II) through meaningful consultation. Further, in

the Muskel III, the community finalizes and agrees upon the Community Action Plan (CAP),

including the land donation and proceed with signing the statement of land donation later on.

In fact, these land donations are voluntarily and are some forms of community contribution to

15

the project without any coercion. Since the land donation is less than 10%, the impact is also

marginal.

36. All lands donated in the community contracts and complex civil works in 2017 were

completed in the first semester 2017 and has been reported in the previous semi annual

report. No compensation demanded in return to benefits provided by the project. The land

donated were mostly unproductive and caused no physical relocation. The construction

activities caused no involuntary resettlement or losing of productive assets. The statement of

land donation is documented in a letter with some description of land situation, negotiation

process with minutes of meeting, list of attendance and photo documentation.

37. In the New Site Development (NSD) in Palopo, the total acquired land was 2,1

Hectares, of which the 2 Hectares were acquired through purchasing from 2 persons (Mrs.

Hatija Parakkasi and Mr. Mustahir Ali) living around the NSD location in 2016 using

negotiated land acquisition procedure set forth in the Law No.2/2012 on Land Acquisition for

Development of Public Interest and its implementing regulations. Later on, approximately

1000 sqm was donated in September 2017 by Mr. Mustahir Ali for additional area of Palopo

NSD. This land was unproductive land, thus would not bring severe impacts and cause

physical relocation. The donation process was documented in the statement of land donation

in Appendix 3.

16

CHAPTER VI. DISCLOSURE, CONSULTATION AND PARTICIPATION

6.1. Disclosure

38. The Due Diligence Report and regular monitoring report are subject to public

disclosure. Thereafter, these documents will be made available to public including the

affected people and related stakeholders. This Semi Annual Social Monitoring report will be

uploaded on the ADB and PWH Ministry websites, as well as on the local Satker’s website. Furthermore, the information about the due diligence report will be summarized in the form

of leaflet for dissemination to the affected households and peoples. These information

leaflets are being prepared for public dissemination.

SULTATION AND PARTICIPATION

6.2. Public Consultation/Information Dissemination Meetings

39. Public consultation is done to provide an opportunity for affected people including

landowners who sold their land assets as well as peoples who own land next to the planned

construction location. Specifically, the consultation is conducted to establish agreements

about land boundaries, land prices, and administrative processes of handover ownership.

The statement letter on the compensation payment release of the land right is signed by the

two parties (seller and buyer) and the explanation of the release of land rights is also carried

out and signed and by local authority (sub district head) and witnessed by at least two

persons.

40. Similar condition applies to land donation, full consultations with the land owners and

any non-titled displaced persons on site selection is required to make acceptable land

donation.The statement letter on release of land right is signed and acknowledge by local

authority and witnessed by at least two person. The public consultation/information

dissemination is documented in minutes of meeting, photos and list of attendance.

41. As an example and evidence of meaningful public consultation like in other locations,

here is a photo documentation of Kelurahan Meeting (Muskel) IV, held on 6 July 2017 in

Kelurahan Selat Hilir, Kapuas District, in which the community discussed and agreed on

implementation of infrastructure construction on designated site, the need for workers and

physical activity, and forming of procurement committee. There was no land donation

needed for the infrastructure being built. This meeting was attended by 32 participants (9

females and 23 males), shown in Figure 1 below, and the minutes of this meeting and the

list of attendees are provided in Appendix 4 and 5.

17

Figure 1. Photo Documentation of Kelurahan Meeting (Muskel IV) in Kelurahan Selat Hilir, Kapuas District

42. The Satker (PIUs) of Kapuas District and Pekalongan City have conducted

meaningful consultations with APs, their communities and other civil society members for

every project and subproject identified as having involuntary resettlement impacts. For the

livelihood and income recovery programs, the City Satker paid particular attention to the

need of disadvantaged or vulnerable groups, especially those below the poverty line, the

landless, the elderly, female headed households, women and children, and those without

legal title to land. Table 7 below shows some public consultation meetings in both sites.

Table 7. Consultation/Information Dissemination Meetings

Date Venue Participants Agenda/Topic Discussed Remarks

12-13 October 2017

Dept of Public Works Office, Kapuas District

NPIU, NMC, LCO, local PIU, CC and BKM.

Follow-up survey to APs, identification of livelihood restoration programs, DDR preparation.

No documentation and list of attendance recorded.

2 Nov 2017 Bappeda Office, Pekalongan

LCO, PIU, RMC Central, CC and CIO.

Identification of livelihood restoration programs.

No documentation and list of attendance recorded.

18

CHAPTER VII. GRIEVANCE REDRESS MECHANISM (GRM)

43. Grievance redress mechanism is used as an instrument to handle any complaints

and/or queries which emerge during land donation process and during construction process

of the NSD project. Any affected people/party will have the right to file complaints. It is

anticipated that all grievances related to benefits and other assistance will be expected to be

resolved at the subproject as the project upholds CDD (community-driven development) as

the overarching approach.

44. The procedure for filing complaints and/or grievance during construction is

established as follows:

(i) The complaint will be filed to the Badan Keswadayaan Masyarakat (BKM) or

Community Implementing Organization (CIO) members and local government at

the neighborhood level for an immediate solution when possible; and

(ii) If the problem cannot be solved, the BKM members and local government staff

will facilitate the APs (affected peoples) to submit their complaints to the

Project’s grievance redress committee (GRC) at the district level, and to the national level if needed. Community advisor then will record the complaint and

report it to the LCOs. The project will dedicate a staff at city/district and national

levels to be in charge of handling and following up on AP’s complaints.

45. The handling procedure by GRC on complaints and/or grievance is as follows:

(iii) The members of the GRC should involve the representatives of vulnerable

affected people (i.e. affected women, poor and minority groups) and other

affected people along with relevant government officials who have functional and

legal authority. The committee will then review grievances involving all land

acquisition benefits or issues, except for disputes related to ownership.

(iv) Grievances will be redressed within 2 to 4 weeks from the date of filing the

complaints at the district level and within 8 weeks at the national levels. If no

consensus can be reached, the dispute resolution will refer to the grievance

mechanisms based on Law No. 2/2012 on Land Acquisition for the Development

of Public Interest and Presidential Regulation No. 71/2012 on the Implementation

of Land Acquisition for the Development of Public Interest.

46. The project is preparing to establish a grievance redress mechanism, which basically

consists of three levels, i.e. at the kelurahan (neighborhood), the city/district and the national

level. This leveling system is expected to timely address any complaints during project

implementation. Affected people will have the right to file complaints and/or queries related

to adverse impacts due to project activities. Community complaints that will emerge later on,

will be handled with grievance redress mechanism in accordance with the complaint

handling guidelines which had been prepared by the DGHS in this reporting period.

19

47. At the neighborhood (kelurahan) level, the kelurahan office will register complaints

and subsequently resolve the complaints; the Kelurahan office will coordinate and provide

feedback to the contractor and City Satker in this matter. If the grievance cannot be resolved

at the kelurahan office, the complaint will be escalated to the city level. At the city level, the

complaints will be handled by the Local Coordinating Office (LCO) residing at the Bappeda

(District Planning Agency) and the complaints should be followed up and/or resolved within

15 workdays and the handling will be coordinated with the City Satker. If the grievance

cannot be resolved at the city level, it will be escalated to the PMU which representing the

DGHS, at the national government level.

Figure 2. Work Flow of Grievance Redress Mechanism

48. Once the Grievance Redress Mechanism is established and disseminated to all level

stakeholders and community, it shall be effectively implemented to receive complaints and

facilitate resolution of the affected people during the process of Land Acquisition and

Resettlement Plans (LARP) preparation and implementation. Regular report on the progress

of GRM implementation will be presented in the next semi annual report.

City Level

(LCO)

Kelurahan level

20

CHAPTER VIII. INSTITUTIONAL ARRANGEMENT AND CAPACITY BUILDING

49. To support the implementation of NUSP-2, there is a project management

organization that includes government, community and consultants, from the central,

district/city level, to the Kelurahan and the community.

50. The Directorate General of Human Settlements is the Executing Agency (EA) of

NUSP-2, at the central level the EA assisted by the Project Management Unit (PMU) and the

Satker PKPBM as the Project Implementation Unit (PIU). The national PIU is assisted by a

national management consultant (NMC). At the city level, there is a Local Coordinating

Office (LCO) of Kapuas District and City Satker of Kapuas District as a Project

Implementation Unit at the city level. At the city level, a Regional Management Consultant

(RMC) is assigned to assist the city satker. The Directorate General of Human Settlements

is responsible for the management of LARP compiled by the LCO and Satker with the

assistance of Technical Assistant (TA) on Safeguard at the RMC level. Consultants (RMC,

CC, and CA) along with Satker at the city level will continue to monitor and update LARP.

51. During this reporting period there was no official or special event for capacity building

being held, however the safeguard team at NMC and RMC continued to assist and mentor to

safeguard the NUSP-2 implementation at any level in regular practices.

21

CHAPTER IX. CONCLUSION AND CORRRECTIVE ACTIONS

9.1. Conclusion

52. Based on the monitoring, review and some analyses of social impacts on the local

community livelihoods and assets, within this reporting period the NUSP-2 projects and

subprojects did not include physical displacement and loss more than 10 percent of

productive assets and income generation. No land acquisition and involuntary resettlement

issues emerged during construction activities, except in Kapuas District and Pekalongan

City, for which the compensation and income restoration program are being provided for the

affected peoples (APs) of those two locations. The implementation of this income restoration

program will be further monitored and reported in the next Semi Annual Monitoring Report,

as well as the monitoring on the implementation of DDR or Land Acquisition Report for the

NSD in Palopo.

9.2. Corrective Actions

53. Some pending issues or gaps in implementing the requirements as set forth in the

Resettlement Framework are considered as partly compliance and need the corrective

actions to comply with those requirements and principles, as shown in Table 10 below.

These corrective or remedial actions will be monitored and also reported in the next Semi

Annual Monitoring Report.

Table 1. Pending Issues and the Corrective Actions

Pending Issues Corrective Actions need to be done

Responsible Institution/Party to complete Corrective Action

Timeline to complete Corrective Action

1. The form of donation should be uniformed and reflecting “severely impact” or percentage of loss and minimum size of remaining assets, as well as the socio-economic profile of land owner to indicate that the impacts are marginal.

- The improved template/form has been provided to be used consistently for any voluntary land donation in the remaining NUSP-2 projects and subprojects. - If possible, the current Land Donation Statements should be complimented with this new form/ template.

- The related Community Advisors (CAs) and City Coordinator (CCs) assist the land donors to fill-up the forms, supervised by safeguard specialists at the RMC and NMC

November 2018.

2. Any voluntary donation documents need to be verified by an independent third party.

- Recruit an independent third party or individual consultant through an open bidding process

The PMU December 2018

3. Screening of Involuntary Resettlement (IR) on every subprojects need to be done

- Will conduct IR screening in FY 2018 to be reported in the next Semi Annual Report

CAs and CCs supervised by Safeguard Specialists at the RMC and NMC

December 2018

22

APPENDICES

23

Appendix 1. Letter of Bima Mayor to the Head of Bima District regarding the replacement land for the Holding Ground and Animal Quarantine

24

Appendix 2. Time Schedule of Offered Livelihood Recovery Program in Kapuas

25

Appendix 3. Statement of Land Donation for NSD in Palopo

26

Appendix 4. Minutes of meeting of Kelurahan Meeting (Muskel IV) in Kelurahan Selat Hilir, Kapuas District

28

Appendix 5. List of attendees of of Kelurahan Meeting (Muskel IV) in Kelurahan Selat Hilir, Kapuas District

30

Appendix 6. Community Land Contribution for Community Contracts at West Region FY 2017

City/

District Kelurahan

Type of

infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land

Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Bandar

Lampung

Kota

Karang

Raya

Public Toilet &

Bayrsroom

(MCK)

Ali Amir using permit 250 18 232 9.000.000 house and

yard

own

property

using permit land <10% of

total land area, comply with

existing regulation

Karang

Maritim

Bore Well Idrus using permit,

20 yrs 150 4 146 800.000 yard

own

property



existing regulation

Bore Well Sumardi using permit,

20 yrs 120 4 116 800.000 yard

own

property



existing regulation

Pidada

Temporary

Waste Storage

(TPS) Murni using permit 500 12 488 2.400.000 yard

own

property



existing regulation

Sukajawa

Baru Bore Well Mastur

using permit,

25 yrs 181 4 177 4.000.000 yard

own

property



existing regulation

Bengkulu Sumber

Jaya

Drainage Sarpan land donation

150

9,00 141 2.340.000 yard

own

property

land donated <10% of total

land area, comply with

existing regulation

Drainage Nurhadi land donation

200

20,00 180 5.200.000 yard

own

property



existing regulation

31

City/

District Kelurahan

Type of

infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land

Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Drainage Sucia Hartina land

donation

150

12,00 138 3.120.000 yard

own

property



existing regulation

Sawah

Lebar Drainage

Agus

Supangat land donation

150

15,00 135 1.500.000

house and

yard

own

property



existing regulation

Fery

Martoni land donation

10.000

60,00 9.940 6.000.000 backyard

own

property



existing regulation

Saprudin land donation

150

6,00 144 600.000

house and

yard

own

property



existing regulation

Kampung

Kelawi

Drainage Edi Warman land donation

9.600

120,00 9.480 3.000.000

former

palm field

own

property



existing regulation

Drainage Meraya land donation

2.760

55,20 2.705 6.900.000

former

palm field

own

property



existing regulation

Concrete

Paving Road,

Drainage

H. Muktar

Yusuf land donation

400

15,00 385 1.500.000

vacant

land/pond

own

property



existing regulation

Concrete

Paving Road

and Staircase

Muskarudin land donation

1.242

69,00 1.173 6.900.000

vacant

land

own

property



existing regulation

Concrete

Paving Road

Samsir

Alam land donation

1.560

70,50 1.490 7.050.000

vacant

land

own

property



existing regulation

32

City/

District Kelurahan

Type of

infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land

Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Concrete

Paving Road

and Drainage

TM Jhoni land donation

2.100

165,00 1.935 16.500.000

vacant

land

own

property



existing regulation

Bajak

Drainage Fitri Ardi

Ningsih land donation

472,50

33,75 438,75 5.062.500 backyard

own

property



existing regulation

Bore Well Justia land donation

198,00

9,00 189,00 1.350.000 yard

own

property



existing regulation

Bore Well Suherman land donation

320,00

9,00 311,00 1.350.000 yard

own

property



existing regulation

Bore Well

Tery

Wijayanti

Putri

land donation

500,00

9,00 491,00 1.350.000 yard

own

property



existing regulation

Padang

Nangka Drainage Mawani land donation 200 9,20 190,80 1.380.000 yard

own

property



existing regulation

Palembang

Kemang

Agung

Concrete Alley Muhammad

Juliahapni

land

donation 1900 176 1724 35.200.000

vacant

land

own

property land donated <10% of total


existing regulation Drainage own

property

2 Ulu Concrete

Alley

Ibrahim using permit 90 9.000.000 yard own

property

Maryadi using permit 55,2 5.520.000 yard own

property

33

City/

District Kelurahan

Type of

infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land

Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

A. fahruri using permit 15 5.000.000 yard own

property

Yanto using permit 60 12.000.000 yard own

property

Abdullah

Nandona using permit 21 11.000.000 yard

own

property

KMS Abdul

Hakim using permit 18 45.000.000 yard

own

property

Using Permit Land : 11 Donated Land : 18

34

Appendix 7. Community Land Contribution for Complex Civil Works at West Region FY 2017

City/District Kelurahan Type of

infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land

Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Batam City Sei Pelunggut

- Drainase U-

Ditch

- Concrete Paving

Road

N/A N/A N/A N/A N/A N/A N/A N/A N/A

Bandar

Lampung City Gunung Sulah

- Concrete

Drainage

- Asphalt Road

Suroso Using permit 50 ?

Adiyanto Using permit 150

Bengkulu City Panorama

- Concrete

Drainage & Stone

Masonry

- Asphalt Road

N/A N/A N/A N/A N/A N/A N/A N/A N/A

Tanjungbalai

City

Beting Kuala

Kapias

Sei Raja

- Asphalt Road

- Bridge N/A N/A N/A N/A N/A N/A N/A N/A N/A

Tanjung

Jabung Barat

District

Tungkal II

Tungkal III

- Concrete

Drainage N/A N/A N/A N/A N/A N/A N/A N/A N/A


35

Appendix 8. Community Land Contribution for Complex Civil Works at Central Region FY 2017


infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Sukabumi Kawasan Kel

SUKAKARYA

Water Supply

System N/A land donation 42,8 m

Semarang Meteseh

Achway, asphalt

road, drainage,

pedestrian

Arifin land donation 180 8,1 171,9 8.100 Yard own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Muhdlor land donation 240 10,8 229,2 10.800 Yard own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Sarno land donation 300 15 285 15.000 Yard own

property

land donated

<10% of total

land area,

comply with

existing

regulation

36


infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contribution

Total

Land

Area

(m2)

Affected

Land Area

(m2)

Remaining

Land Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Kapuas Murung

keramat

Temporary Waste

Storage (TPS) N/A land donation 274 satker/PPK baru

Selat Hulu Temporary Waste

Storage (TPS) N/A using permit 6

using permit

land <10% of

total land area,

comply with

existing

regulation

Selat Tengah Temporary Waste

Storage (TPS)

Kelurahan

Government

of Selat

tengah

using permit 6 Vacant

frontyard

Kelurahan's

property N/A

Selat dalam TPS3R N/A land donation 274


37

Appendix 9. Community Land Contribution for Community Contracts at East Region FY 2017


infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contributio

n

Total

Land

Area (m2)

Affected

Land

Area (m2)

Remainin

g Land

Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Bima

Jatiwangi

Concrete

Pavement

Road and

Drainage

Darwis

Ahmad

land

donation 200 19,2 180,8

180.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Yusuf H.

Akbar

land

donation 200 19,2 180,8

180.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Makassar

Paccerakkang

Concrete

Pavement

Road and

Drainage

Nurhaedah land

donation 10,5

10.500.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Abdul Rauf land

donation 30

30.000.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

H. Sinohadji land

donation 210

210.000.00

0

yard own

property

land donated

<10% of total

land area,

comply with

38


infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contributio

n

Total

Land

Area (m2)

Affected

Land

Area (m2)

Remainin

g Land

Area

(m2)

Value

(Rp)

Former

Function

Land

Status

existing

regulation

Makassar Paccerakkang

M. Amir/

Ramli/

Jasmin

land

donation 31,5

31.500.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Lantih JB land

donation 67,2

67.200.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Nasruddin/

Kartika

Sumantri

land

donation 12

12.000.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

H. Sinohadji

(Dg Kalo dan

Usman)

land

donation 33

33.000.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

39


infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contributio

n

Total

Land

Area (m2)

Affected

Land

Area (m2)

Remainin

g Land

Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Kendari

Korumba

Concrete

Pavement

Road and

Drainage, Bore

Well and

Streetlights

Iskandar

Zulkarnain

land

donation 266 5 261

3.250.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Wondudopi

Concrete

Pavement

Road and

Drainage,

Sumur Bor dan

PJU

Muhammad

Marcus

land

donation 5

8.000.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Lalolara

Concrete

Pavement

Road and

Drainage, Bore

Well and

Syamsuddin land

donation 5

1.750.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

40


infrastructure

Affected Land

Remarks Name of

Owner

Type of

Contributio

n

Total

Land

Area (m2)

Affected

Land

Area (m2)

Remainin

g Land

Area

(m2)

Value

(Rp)

Former

Function

Land

Status

Kendari

Streetlights

Adolf Fina land

donation 5

1.750.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation

Lahundape

Concrete

Pavement

Road and

Drainage, Bore

Well and

Streetlights

Anna

Sukarna

land

donation 5

5.000.000 yard

own

property

land donated

<10% of total

land area,

comply with

existing

regulation


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