resettlement plan van: port vila urban development project...november 2015 van: port vila urban...

Resettlement Plan November 2015

VAN: Port Vila Urban Development Project

Prepared by Ministry of Infrastructure and Public Utilities (MIPU), Government of Vanuatu Bank

for the Asian Development Bank. This is an updated version of the draft originally posted in

June 2011 available on http://www.adb.org/projects/42391-013/main?page-3=1#tabs-0-2.

This resettlement plan 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. Your attention is directed to the “terms of use” section of this website. 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.

GOVERNMENT OF VANUATU

PORT VILA URBAN DEVELOPMENT PROJECT

DOCUMENT NUMBER:

Asian Development Bank Loan No.2832-VAN (SF)/G0275-VAN/G0276-

VAN

UPDATED

RESETTLEMENT PLAN

Proposed Septage Treatment Plan – Bouffa Landfill Site

November 2015

Resettlement Plan for Proposed Septage Treatment Plant

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Prepared by:

Ministry of Infrastructure and Public Utilities (MIPU), Government of Vanuatu for the Asian Development Bank Republic of Vanuatu: Port Vila Urban Development Project Financed by:

The Asian Development Bank

The Australian Government Department of Foreign Affairs & Trade

The Government of Vanuatu

For: The Ministry of Finance & Economic Management (Executing Agency) The Ministry of Infrastructure & Public Utilities (Key Implementing Agency) The Department of Environmental Protection & Conservation (Key Implementing Agency)

Notice

This report was produced by VPMU for the Ministry of Finance & Economic Management (MFEM) (the Executing Agency (EA), Ministry of Infrastructure and Public Utilities (MIPU), (IA), Public Works Department (PWD)(IA), and the Department of Environmental Protection & Conservation (DEPC)(IA) for the specific purpose of describing the potential involuntary resettlement impacts and proposed mitigation measures in relation to the Septage Treatment Plant Subcomponent project. This report may not be used by any person other than by the MIPU’s expressed permission. In any event VPMU accepts no liability for any costs, liabilities or losses arising as a result of the use of or reliance up the contents of this report by any person other than the MIPU and the project donor agencies, the Asian Development Bank and DFAT.

Document History

JOB NUMBER: VAN005

DOCUMENT REF:

RESETTLEMENT PLAN FOR THE SEPTAGE

TREATMENT PLANT – BOUFFA

0 Initial issue VPMU L. Carlson 20/08/15

1 Final VPMU L. Carlson 19/11/15

Rev Purpose /

Description Originated Checked Reviewed Authorised Date


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TABLE OF CONTENTS

ABBREVIATIONS 4

Definition of Terms 5

Executive Summary 6

I. INTRODUCTION 9

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 12

III. SOCIO-ECONOMIC INFORMATION AND PROFILE OF APs AND COMMUNITY 14

IV. LEGAL AND POLICY FRAMEWORK 17

V. CONSULTATION, PARTICIPATION AND DISCLOSURE 27

VI. GRIEVANCE REDRESS MECHANISM 28

VII. INSTITUTIONAL ARRANGEMENTS 29 VIII. RESETTLEMENT BUDGET AND FINANCING SOURCE 30

IX. IMPLEMENTATION SCHEDULE 31

X. MONITORING AND EVALUATION 32

APPENDICES: Annex 1. Socio-economic Survey and Census of Loss for Bouffa Landfill Site Non-Formal Land Users (Gardeners) Annex 2. Notice to Vacant Site from the Port Vila Municipal Council Annex 3. Minutes of Consultations with APs in the Final Bouffa Community

FIGURES:

Figure 1: Location of the Project Site 10

Figure 2: Land Title for Bouffa Landfill Site 11

Figure 3: Site Plan for the STP at the Bouffa Landfill Site Error! Bookmark not defined.

Figure 4: Proposed STP at Bouffa Landfill Site 11

TABLES: Table 1: Scope of Impacts and Losses 13

Table 2: Affected Peoples (APs) and Food Crops Planted in Project Site 15

Table 3: Comparison of Land Acquisition and Resettlement in Vanuatu and ADB's SPS 2009 20 Table 4: Entitlement Matrix 27


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CURRENCY EQUIVALENT (as of 18 August 2015)

Currency Unit – Vatu

100 Vatu = $0.88 $1 = VT 113

WEIGHTS and MEASURES

Metric system except for land areas (1 acre = 0.4 hectares)

ABBREVIATIONS

ADB - Asian Development Bank

AP - Affected persons/people

CBD - Central Business District

CBO - Community Based Organisation

DMS - Detailed Measurement Surveys

DP - Displaced Person

EA - Executing Agency

GRC - Grievance Redress Committee

HH - Households

IR - Involuntary Resettlement

M&E - Monitoring & Evaluation

MIPU - Ministry of Infrastructure and Public Utilities

MLNR - Ministry of Lands and Natural Resources

NGO - Non-Government Organization

PIU - Project Implementation Unit

PPTA - Project Preparation Technical Assistance

PVUDP - Port Vila Urban Development Project

RP - Resettlement Plan

STP - Septage Treatment Plant

TOR - Terms of Reference

TA - Technical Assistance


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Definition of Terms

Compensation means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.

Cut-off-date means the date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Displaced Persons (DP) also known as Affected Persons (AP) mean all the people affected by the project through land acquisition, relocation, or loss of incomes and include any person, household (sometimes referred to as project affected family), firms, or public or private institutions. APs therefore include; i) persons affected directly by the safety corridor, right-of-way, tower or pole foundations or construction work area; (ii) persons whose agricultural land or other productive assets such as trees or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project.

Detailed measurement survey means the detailed inventory of losses that is completed after detailed design and marking of project boundaries on the ground.

Encroachers mean those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.

Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to APs, depending on the type and degree nature of their losses, to restore their social and economic base.

Inventory of losses means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets.

Land acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.

Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation for non-land assets and resettlement assistance.

Poor means those falling below the official national poverty line.

Replacement cost means the method of valuing assets to replace the loss at current market value, or its nearest equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without deduction of transaction costs or for any material salvaged.

Significant impact means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating).

Vulnerable means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less).


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Executive Summary

The Port Vila Urban Development Project (PVUDP) (the Project) will assist the government of Vanuatu (the Government) implement the first stage of the Drainage and Sanitation Master Plan funded by ADB, AusAID and other co-financing institutions in 2011 and started its implementation in October 2013. The Project will improve drainage, roads and sanitation systems within Port Vila Municipality and adjacent urban and peri-urban areas in the Shefa Province. There are five project outputs that have been selected for the loan, one of which involves “Improved sanitation in greater Port Vila” (Output 2). This includes the construction of a septage treatment facility. The original proposed facility required an area of approximately 6.5 Hectares (250 x 250 m) of pasture land. The original site was a private leasehold land and located near the airport, with no encroachers or communities using this plot of land. The site has now been changed to the Port Vila Municipal Council-owned Bouffa landfill site about 10 km away from the airport, on the southern part of Port Vila. Project Components

The STP and the associated facilities include two primary lagoons which would have a storage capacity of 10,000m³ each. The lagoons are designed for peak design year inflow of 15,600m³ per year.

Scope of Land Acquisition The STP will not require land acquisition. Instead, 2 of the 48 ha municipal government land will be utilized for the STP site. This minimized both negative project impacts and costs to the government significantly, by removing the need to acquire private land and saving on the initial estimated cost of VT27.1 million.

Affected People (AP)

The project site is mainly bush land with 40 non-titled users (gardeners) planting vegetables, root crops and fruits on small plot of land. The majority of these non-titled users are settlers from different provinces in Vanuatu representing 208 family members and 76 dependent children. Nine AP households are headed by women. 72% APs rely on their small plot for food and income for some.

Affected Peoples (APs) and Food Crops Planted in Project Site

Details Bouffa Landfill Site

Details

Ownership of proposed land Port Vila Municipal Council (PVMC)

Land requirement (sq.m/ha) 2 hectare

Number of Identified APs (non-titled land 40


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Details

users/gardeners)

Interviewed AP Household Heads 40

Number of APs 208

Age of AP Household Heads 23-61 years old

Number of Female-Headed Households 9

Dependent Children 76

AP Households dependent on gardening on site for subsistence and income

72%

AP HHs with disabled/chronically sick member 3

Likely Impacts and Support for the Project of the Affected People

All 40 APs will loose access from the project site. The mitigation measure is for all APs to be allowed to continue informally planting on the municipal land next to the project site. Following consultations with the APs since November 2014 and MOU signing between the PVMC and all 40 non-titled users in May 2015, a notice to vacate was sent to the farmers in June 2015. Most of the farmers have harvested their crops and have started planting in an adjacent area also owned by PVMC. There are no new gardens in the project area and people have come to understand that the site is no longer available for use (and why) and that an alternative area is available for planting gardens.

After a series of discussions with the PVMC, it has made assurances that the current informal arrangement for gardening and farming will continue at an alternative site, while formal ownership will not be provided to the users, their use will be allowed to continue. This has been explained to the users and they understand that they were allowed to plant on the site only until it is required for use by the PVMC, at which time they would be requested to continue planting outside the project site. Through a number of discussions between the PVMC officials and the non-titled users, a mutually acceptable agreement was reached that will allow continued informal planting on alternative municipal land. The table below summarizes the entitlement for APs under the project:

Table: Entitlement Matrix

Type of Losses Entitled Person Entitlement

Loss of gardens/ crops

All Affected Persons including non-titled land users

Allowed to harvest their food crops within three months after serving of notice to vacate. Allowed to continue planting on alternative site without legalizing tenure to the informally occupied government land.

The grievance redress mechanism (GRM) below will be followed during implementation, where the VPMU and its Contractor will have a designated staff member responsible for


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implementing the GRM. The VPMU’s lead will be the grievance focal point, and receive and address project related concerns, via the designated staff member. Concerns will be resolved first by the Project Manager on-site, followed by the VPMU, and the responsible government authorities.

Procedures for Resolving Grievances

Step Process Duration

1 Affected Person (AP)/ takes grievance to the Vanuatu Project Management Unit (PMU)/DSCD /Contractor

Any time

2 VPMU reviews issue, and in consultation with DSCD and contractor (if appropriate), then records a solution to the problem.

1 week

3 VPMU reports back to AP and gets clearance from complainant.

1 week

If unresolved

4 AP take grievance to relevant government agency for resolution (Director General of the Ministry of Infrastructure and Public Utilities or MIPU)

Decision within 2 weeks

5 AP refers matter to Public Solicitor’s Office 2 weeks 6 National agency refers to an internal committee 4 weeks 7 National agency through reports back to relevant

government agency/AP 1 week

If unresolved or if at any stage and AP is not satisfied with progress AP can take the matter to appropriate state or national court. As per judicial system.

Guided by the RP, following is the implementation schedule for project’s resettlement activities to (i) disclose the RP (ii) update the RP; (iii) implement the RP; and, (iv) monitoring activities.

Table: Implementation Schedule

TASKS Months (2015)

May Jun Jul Aug Sept Oct Nov Dec

A. Finalization of detailed design B. Final RP Preparation

Notice to Harvest Crops (30 days1) Detailed Socio-economic survey and census of loss for APs

Resettlement Plan Updating ADB Review/approval Disclosure of final RP (30 days) C. RP implementation Harvesting of crops Informal allocation of replacement site Internal Monitoring Preparation of compliance report

Notice of Approval Commence Civil Works

1 A verbal notice to vacate was provided by the Port Vila Municipal Council in March 2015 followed by a formal notice to individual 40

non-titled users on 30 June 2015


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I. Introduction

A. Background 1. Port Vila is situated on the south coast of the island of Efate in Shefa Province, Vanuatu. With an area of about 5 km2, Port Vila city serves as home to a multi-cultural population, and is the economic and commercial centre of Vanuatu. Port Vila Municipality has already outgrown its original urban boundaries due to the substantial population growth, along with urban migration and rapid development of squatter and informal settlements, increasing the extent of the commercial and infrastructural requirement. Poor urban planning and ineffective plan implementation for urban development in Vanuatu is also attributed to the institutional responsibilities that are not clearly delineated among the relevant agencies. Hence, a Master Plan for Port Vila’s Urban Development 2 was prepared and approved by the Board of the Asian Development Bank in 2011, focusing on drainage and sanitation; followed by preparing the feasibility study for investment in the Master Plan’s first phase implementation, taking into consideration the technical, socio-economic, environmental and institutional issues. 2. The Government of Vanuatu (GoV) requested ADB, AusAID and other co-financing institutions in 2011 for funding for the Port Vila Urban Development Project (PVUDP) for the implementation of the first stage of the Drainage and Sanitation Master Plan. The project implementation started in October 2013. The aim of the Project is to assist the Government of Vanuatu to improve drainage, roads and sanitation systems within Port Vila Municipality and adjacent urban and peri-urban areas in the Shefa Province. There are five project outputs that have been selected for the loan, one of which involves “Improved sanitation in greater Port Vila” (Output 2). This includes the construction of a sewage treatment facility. 3. The original proposed septage treatment facility requires an area of approximately 6.5 Hectares (250 x 250 m) of pasture land. The original site was a private leasehold land and located near the airport, with no encroachers or communities using this plot of land. 4. The new site is owned by the Port Vila Municipal Council located at the Bouffa landfill site about 10 km away from the airport, on the southern part of Port Vila (Map - Figure 1). The STP will require two hectares of the 48 hectares landfill site; majority of which are bush and vacant land. This minimized both negative project impact and costs to the government significantly, by removing the need to acquire private land and saving on the initial estimated cost of VT27.1 million. 5. The Executing Agency (EA) for the Project is the Ministry of Infrastructure and Public Utilities (MIPU). 6. This revised RP has been prepared in accordance with the provisions set out by the ADB’s safeguard requirements on involuntary resettlement as embedded in the Safeguards Policy Statement (2009), and the laws of Vanuatu. This revised RP is based upon recent information gathered through field observations, socio-economic surveys and consultations with stakeholders from the new site conducted between November 2014 and June 2015. The revised RP contains

2 The Port Vila Urban Development Master Plan (Drainage and Sanitation) was prepared under the current ADB PPTA 7345 VAN in

2010.


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an estimate of affected persons, types of impacts and entitlements, implementation arrangements, monitoring, reporting and grievance redress procedures. 7. During implementation of the subproject, the Project Implementation Unit (PIU) under the MIPU, with the support of international and national consultants, will be responsible for supervising and conducting internal monitoring of this upda t ed RP . The contractor will not be permitted to commence civil works in impact areas until the non-titled users harvested their crops and have been allocated replacement plots to continue their gardening, have been completed. B. Site Background and Project Description 8. The STP will be located at the existing PVMC-owned 48 hectare Bouffa Landfill Site

covering a total of 2 hectare (200m x 100m of land).

9. The STP and the associated facilities include two primary lagoons which would have a storage capacity of 10,000m³ each. The lagoons are designed for peak design year inflow of 15,600m³ per year. A lagoon sized to take 15,600m³ with a one-year retention period is at least 80m x 40m x 5m deep, but in years leading up to 2035, as little as one third of this volume will be utilized. 10. It is one of the first properly designed and constructed landfill sites within the Pacific and it was constructed after the acquisition of land by the government. It is classified as a “Special Lease” for PVMC purposely for the disposal and treatment of sludge from domestic and commercial septic. 11. The proposed project site is already used as a landfill for the past 20 years and no

change is expected to the land use from the project.

Figure 1: Location of the Project Site Within Bouffa Landfill Site, 10 Km from the Airport, Southern

Part of Port Vila

Bouffa Sanitary Landfill

Port Vila

and the

airport


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Figure 2: Land Title for Bouffa Landfill Site Leased to the PVMC by the Government (50 Years from

1993, Title No. 12/0921/004)

Figure 3: Proposed STP at Bouffa Landfill Site

C. Measures to Minimize Resettlement and Land Acquisition 12. To comply with ADB requirements, all efforts have been made to avoid/minimise negative impacts. The following measures were adopted by this Resettlement Plan and subproject design to minimise impacts through the following: Relocation of the original proposed agriculture site during the PPTA to a government-owned

land during implementation; and

Existing landfill

Existing

lagoons for the

disposal of

sludge and the

leachate pond

Site of the

proposed STP


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the 40 non-titled users and their families will loose access to the project site, but they have been allowed by PVMC to continue informally planting a few meters away from the site. The site is part of the 48 ha owned by the PVMC.

D. Objectives of Resettlement Plan 13. The key objective of this RP is to provide an effective and practical guideline to the resettlement and compensation processes (non-monetary) in compliance with planning principles and requirements of current laws and practices of Vanuatu and ADB policies. 14. The key policies that will guide the compliance with involuntary resettlement provisions during the subproject implementation are: (i) land acquisition will be avoided or at least minimised; (ii) compensation will ensure maintenance of pre-project living standards of displaced/affected persons (APs); (iii) APs will be fully consulted/informed on compensation options; (iv) APs socio-cultural institutions will be supported/utilised wherever possible; (v) Resettlement and land acquisition procedures will equally apply to women and men; (vi) Lack of formal title will not prevent compensation and assistance prescribed in the entitlement matrix; (vii) Land Acquisition and Resettlement will be conceived and executed as an integral part of the Project, with budgets for land acquisition and resettlement to be included in Project (subproject) costs; (viii) impact to structures will be avoided; (ix) All land acquisition, resettlement and compensation payments will be completed prior to civil works commencement.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. General Description of Impacts

15. A site survey and consultations with the APs were conducted from November 2014 to July 2015 during the project detailed design at the government-owned Bouffa landfill site. This updated RP was completed during the implementation period; the final day of detailed measurement survey of losses (including conduct of census and socioeconomic survey) was the “cut-off” date for entitlement.

16. Calculations for assessing the impacts are based on technical design requirements for the proposed sludge treatment facility and the future full-scale sewage treatment facility, as designed in the Master Plan. The final Bouffa landfill site will require a total area of 2 hectares of government-owned land, a significant reduction of impact from the original 6.5 hectares of privately-owned agriculture land and reduction of cost for the government from VT 27.1 million to less than VT 2 million. The affected area is approximately 4% of the total Bouffa municipal landfill site. No additional area for temporary impacts for construction space has been considered, given that there is an adequate land area and access road within the landfill site. B. Permanent and Temporary Land Impacts

17. The total temporary impacts in relation to the sewage treatment plant location, based on the results of the detailed site survey and consultations with the Port Vila Municipal Council are provided below (also refer to Table 1):

(i) Permanent land impacts – There will be permanent loss of food gardens for 40 non-titled users due to the project. As a mitigation measure, PVMC has allowed all 40 APs


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to continue informally planting a few meters away from the site. The site is part of the 48 ha owned by the PVMC.

(ii) Crops permanently affected – The main crops planted on the 2 hectares Bouffa landfill

site by 40 APs are shown in Table 1 below. There are 3 crops, 9 vegetables and 2 fruit varities planted at the site. The APs have been given a verbal notice in March 2015 and a formal written notice in July 2015 to harvest their crops within three months between August to October 2015.

(iii) Loss of income – There is expected loss of income for APs on the current site. To

mitigate this similar to above they are allowed by the municipal government to continue planting crops a few meters away from the project site.

18. Temporary impacts - There are no temporary impacts expected as a result of the project. There will be adequate open areas for construction space within the government landfill site and the site is accessible from the existing road. .

Table 1: Scope of Impacts and Losses

Type of

Impact

Detail Type Total Gardeners

Loss of food crops

Loss of all food crops within the 2 hectares of land in the proposed site due to the clearing of the land and construction of the STP

A. Root crops - kumara, cassava, and peanut

All 40 non-titled users planting these crops

B. Vegetables - Chinese cabbage, island cabbage, tomatoes, spring onion, capcicum, cucumber, corn, lettuce, and chilies

All 40 non-titled users planting these crops

C. Fruits - pawpaw and banana

15 non-titled users

C. Project Affected Persons 19. The site is on a government-owned land thus the project will not require land acquisition. However there are 40 non-titled users (gardeners) planting food crops on the 2 hectare site. They are the only affected APs. There are no other affected people or households living on the site, identified as possessing indigenous rights to the land or resources, or are using the land resources, other than for landfill site only.


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D. Other Impacts

20. During detailed design, and conduct of socioeconomic survey and census of loss of affected persons, there are no other impacts, other than loss of crops, identified on the project site. An inventory of losses for affected persons is presented in Annex 1.

III. SOCIO-ECONOMIC INFORMATION AND PROFILE OF APs AND COMMUNITY

A. Affected Community

21. The existing area is a current operational landfill site established in 1995. Previously it

was a bush land and unpopulated area just outside Port Vila. Since the construction of a public

road to connect the landfill to the main road network, the customary landowners have started

subdividing lands (1,000 sq m to 2,000 sq m) along the new road towards the landfill leading to

people resettling near and next to the landfill site. Currently there are an estimated 3,500 people

living outside the project area, the majority rely on gardening and paid employment for income

including working for the government or for tourist establishments such as hotels operating in the

center of Port Vila.

B. Affected Persons (APs) 22. There are 40 non-titled users/gardeners in the final STP site. The majority are settlers

from the six provinces3 of Vanuatu, with their own customary leaders (chiefs) representing each

island or provincial group. A series of meetings were conducted from March – July 2015 with all

40 non-titled users including their island chiefs. Key respondent interviews (KRI) of APs and site

visits were conducted by PPTA Safeguards Team to collect socioeconomic data for all APs on

the final STIP site between June - July 2015.

23. The following summarize the findings of the socio-economic survey and census of loss for

all APs on the proposed site:

24. There were 40 APs affected by the project, representing 208 people including 76 school-age children. Three of the 40 families have disabled or a chronically sick family member4. All had primary education.

Loss of Livelihood

25. From the socioeconomic survey, the 40 APs in the Bouffa Landfill site are between 23-61 years old. Nine of 40 APs were women. All had formal education with 80% who completed or had primary education and 20% secondary education. 29 of 40 (73%) gardeners reported relying solely on subsistence farming from the project site while 11 gardeners have other income sources working either as baker, carpenter work either as mechanic, panel beater, woodcarver, market vendor selling produce from the site, theater actor, security officer, teacher or house girl.

3 Malampa, Penama, Sanma, Shefa, Tafea, and Torba provinces 4 Including someone with a wife with cervical cancer and deaf and blind family member. Socio-economic survey conducted by the PVUDP project team from June-July 2015


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Income Level of APs

26. From the ADB/UNDP Study 2010, the basic needs poverty line (BNPL), or the minimum level of income deemed adequate to sustain basic needs for both food and non-food items for the rural areas is Vt 3,366 per person (approximately USD 30 at current exchange rates). From the socioeconomic survey and census of loss conducted for the APs, 9 of 40 APs (23%) reported a household monthly income of Vt 17,500 or less (approximately USD 179 income monthly). 16 of 40 APs (40%) reported a monthly household income between Vt 17,500 to Vt 30,000 (USD 179-279). 13 of 40 APs (33%) reported a monthly household income between Vt 30,000 to Vt 40,000 (USD 279- 357) and 2 of 40 APs (1%) earning an estimated household income over Vt 40,000 (USD 357 and above) monthly.

27. The average AP household is comprised of 5.2 people. Multiplying the average AP household size with the BNPL of Vt 3,366 monthly, it is estimated that AP households earning less that Vt 17,500 falls below the basic needs poverty line where over a fifth (9 or 23%) of the APs falls under. Almost all of these 9 households rely sole on gardening for daily subsistence and income to buy basic daily necessities such as salt, cooking oil and tinned fish for cooking, and matches and kerosene for lighting.

Access to Basic Services

28. The majority of APs rely on kerosene for lighting and some from solar power and candles; springs and brooks for drinking water, and lack proper sanitation facilities. To access health services, the APs rely on traditional medicine or go to the Port Vila hospital for treatment and use public mini-buses to travel to Port Vila for transportation.

Vulnerable Households

29. 16 of 40 APs are immediately above the APs below the basic needs poverty line earning between Vt 17,500 to Vt30,000 monthly (USD 179-279). Only 5 of these 16 APs have other income source working either as panel beater, carpenter, wood curver or market vendor thus if they were unable to continue informal gardening, at least 11 additional APs could be vulnerable due to the project impacts.

30. Table 2 below summarizes the number of estimated affected people (APs) and impact or loss by affected gardeners on the project site:

Table 2: Affected Peoples (APs) and Food Crops Planted in Project Site


Details

Ownership of proposed land Port Vila Municipal Council (PVMC)

Land requirement (sq.m/ha) 2 hectares

Number of Identified APs (non-titled land users/gardeners)

40

Interviewed AP Household Heads 40

Number of APs 208

Age of AP Household Heads 23-61 years old


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Details

Number of Female-Headed Households 9

Dependent Children 76

AP Households mainly dependent on gardening on site for subsistence and income

72%

AP HHs with disabled/chronically sick member

3

C. Affected Community

31. Background. The Etas community has a population of about 3,400 people from the outer islands of Vanuatu. About 300 of whom are leaving just outside the Bouffa Landfill site with 40 individuals planting on small plots (estimated 40 sq m or larger) for food and income. The landfill site is an inland area that is continuously attracting settlers from the other provinces who wish to live near Port Vila to find paid work but still have open land to plant crops for subsistence gardening or for income. Etas community is known for its agricultural produce which supports the livelihoods of the working population of Port Vila.

32. Access to Health and Education Services. Residents in this area rely either on the use of traditional medicine or seek medical assistance from the main hospital in Port Vila. School children go to the nearest government school in the community for primary education and to Port Vila for secondary schooling.

33. Energy Use and Communication Services. The whole area of Etas is not connected to the main municipal power grid thus people rely mainly on kerosene lamp and some from candles, torch and solar power for lighting. The majority of the people depend on mobile phones to communicate with their family members who live on their home islands and in Port Vila.

34. Access to Road and Transportation. The Etas community is now connected to the main road network since the opening of the Bouffa landfill site in 1993. A two-lane gravel road was constructed by the municipal government to access the site and now has been used by settlers and customary owners to travel to Port Vila to access social services, market and employment. Buses, taxis and private vehicles are the main form of transportation to reach the project site.

35. Access to Market and Income. The majority of residents rely on different modes of income sources such as from selling vegetables in the main Port Vila market and some road side markets or paid work from government or private sector. Some residents also collect recyclable items such as cans, bottles and metals from the landfill site and sale to a locally based company in return for money. There are also temporary and short term employment opportunities provided by international donor agencies such as Japan International Corporation Agency (JICA) and the United Nations Development Programmme (UNDP) and international non-government organizations (NGOs) such as the World Vision, the Red Cross Society and Live and Learn who provide temporary employment for the people. A number of community residents reportedly own buses and taxis as source of income.


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IV. LEGAL AND POLICY FRAMEWORK

A. Policy and Legal Framework for Land Acquisition and Resettlement

36. The policy framework for the Project is based on the ADB’s safeguard requirements on involuntary resettlement as embedded in the Safeguards Policy Statement (2009), the Constitution of Vanuatu and the laws of Vanuatu. Where differences exist between the local laws and ADB requirements, the resettlement policy will be resolved in favour of the latter. B. Legal Instruments in Land Acquisition and Resettlement in Vanuatu

37. Land acquisition, resettlement and associated land issues are recognized, in legal terms in Vanuatu, by the Constitution and more than 10 laws (or Acts). This section presents a brief overview of the salient national legal instruments pertaining to land acquisition and resettlement.

(i) Constitution of Vanuatu 38. The Constitution of the Republic of Vanuatu came into being on 30 July 1980. The Constitution, “as the supreme Law of Vanuatu”, contains two relevant sections which have relation to land acquisition and resettlement. 39. Chapter 5, Articles 29 to 32, of the Constitution refers to the “National Council of Chiefs”. Of relevance is the Article 30 which recognizes the National Council of Chiefs membership having the competence to discuss, and may be consulted on, any issue related to customs, culture and its preservation in any matter, as required by the National Government. When described under the constitution, the Council is NOT a decision-making body but rather a high-level advisory group.

40. Although a very short chapter, considering the traditional ties between Vanuatu nationals and the land, Chapter 12 of the Constitution of the Republic of Vanuatu is devoted to Land. Most discussions related to Land have centered on Articles 30 (in Chapter 5) and Articles 73, 74, 75 and 76 of Chapter 12. However, of relevance to Land Acquisition and Resettlement are all nine articles (Article 73 to 81), but dependent upon the situation. This includes that all land is owned by its traditional, customary owners; parliament prescribes the criteria for compensation payment for land; the Government may own and acquire land for State interest and may redistribute land away from traditional owners, in such cases as informal settlements and relocating of residents from other islands; and disputes in land ownership. (ii) Legal Acts Pertaining to Land Acquisition and Resettlement 41. The main Acts which relate to the Land Acquisition and Land ownership/development include as follows: a. The Land Acquisition Act No. 5 of 1992 (Amendment Act No. 34 of 2000): is the key law

directly related to Land Acquisition and Resettlement. This Act, gives the Minister for Lands and Natural Resources, full discretionary powers to acquire land on behalf of the Government. It covers to an extent, that which will be compensated under the Act; compensation for damages made during the process of land valuation; compensation entitlements for land and for rents and business losses; basic rights for grievance and


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appeals; and notice periods, as mentioned in Section 3.2 above. This Act does recognize market value compensation for land but is very vague in compensation entitlements for rents and businesses.

b. Land Reform Act 35 (1980 and updated 1981, 1983, 1985, 1992 & 2000): This Act specifies

that all land titles will be customary or transferred to the traditional owners, whose lineage can be traced back locally to 200 years. It specifically outlines indigenous owners and the non-indigenous land users.

c. Customary Land Tribunal Act No. 7 (2001): As per the title, this Act details the set-up of the Customary Land Tribunal at village, Island etc. level, its basic terms of reference, especially for dispute resolution and process for affected person to appeal the tribunal decision.

d. Valuation of Land Act No. 22 (2002): Relates to the organization of the “Valuer General” Office and their role. The Act does not stipulate minimum approach to valuation of the land, which is more directly specified in the “Land Acquisition Act”. Furthermore, this Act is unclear about the role of the Valuer General office in terms of relocation/involuntary resettlement of households as well as valuation of structures, incomes and businesses.

e. Land Surveyors Act No. 11 (1984): This is basically a code of conduct, or a terms of reference for registered land surveyors, whom must be registered through the Land Surveyors Board.

C. Current Practices in Resettlement and Land Acquisition for Government Purposes in

Vanuatu

(i) Identification of areas for acquisition 42. A majority of Government land acquisition in Vanuatu has been for smaller social services projects such as for village health facilities and educational institutions. More recently, apart from Tanna airport, in Port Vila the Government has acquired land along the river at Freswota, in order to maintain a level of river protection and reduce urban encroachment issues. However, apart from this, the land acquisition legislation and process have not been utilized for urban development infrastructure projects. 43. In the year prior to an infrastructure development project, each Ministry and other Government agencies will develop their work plans for the following fiscal year. This is inclusive of the other feasibility study requirements such as budgeting, environmental, engineering etc. At this time proposals for projects where land acquisition is involved should be submitted. This is subject to the approval of the Council of Ministers. There is no minimum standard that requires the projects to minimize land acquisition and impact on the community.

(ii) The process for relocation or acquiring of land 44. On an annual basis, the Government allocates in its National budget 200 Million Vatu for Government Land Acquisition projects. According to MLNR, if the budget is not spent the remaining amount accrues on top of the normal, annual 200 million Vatu budget. In the event that the budget is used up, with finances still required, the Government and Ministry executing a project, is responsible to find further finances to cover the necessary Land Acquisition budget requirement.


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45. Once a plot of land is selected for a government project, a notice signed by the Minister of MLNR is provided to the customary owners/title holders and a public notice is erected in full public view. The notice is made for a minimum of 30 days.

46. After this period, the land is assessed and valued. The land valuation is stipulated by Law (refer to 3.3), but generally involves valuing of the following: Lease type – residential/agricultural/commercial/special industrial. Location of property from CBD, aesthetic view, amenities, waterfront, type of neighborhood. Marketability – number of properties marketed nearby in recent times and price range of

those transactions Physical characteristics – terrain, vegetation, soil type, improvements made and size. Intangibles – interest, customary and other resource rights attached.

47. According to the MLNR, valuations include both Land and structures affected and may include value of income produced from land. However, this does not include “non-land producing” incomes such as income from shop business etc. 48. Any damage to the Land, caused by valuation investigations, is by law, liable for compensation to the existing owners. Once the valuation has been made and signed by the Minister, the owners have 30 days to file objections, at the same time, the MLNR must disclose information on the valuation and proposed land acquisition over a 30-day period by radio at least 3 times on separate occasions, in one national newspaper each week, on the main notice boards and on the land itself. Objections must be lodged within this 30 days period, and on decision by the Minister, the objector, if dissatisfied, may appeal the Minister’s decision through the Supreme Court of Vanuatu. However, if the issues are related to tradition and custom, then the National Council of Chiefs may be consulted, if necessary, although not compulsory.

(iii) Carrying out the acquisition of land/structures 49. After a 30-day notice period, and as long as all conflict claims and complaints are resolved, the physical compensation processes can then commence. The Ministry of Lands is responsible for this process, monitored by the Ministry of Finance and Economic Management (MFEM). However, problems in moving through this stage may include complaints about the process of valuation to compensation itself; and process of the assessment of disputes. This is generally supposed to be settled through the Customary Lands Tribunal, or if unresolved, through the Supreme Court. D. ADB’s Policy on Involuntary Resettlement

50. The ADB Safeguards Policy Statement (2009) requires ADB-assisted projects to (i) avoid resettlement impacts wherever possible; ii) minimize impacts by exploring project design alternatives; iii) enhance, or at least restore the livelihoods of all DPs in real terms relative to pre-project levels; and iv) improve the standards of living of the affected poor and other vulnerable. It covers both economic and physical displacement.

51. The key principles of the ADB safeguards policy on resettlement are as follows:


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Screen early the projects resettlement impacts and risks; Carry out meaningful consultations with participation of affected persons

(APs)/Displaced persons (DPs), inform all APs/DPs of their entitlements and resettlement options. Pay particular attention to the needs of vulnerable groups;

Establish a grievance redress mechanism; Improve, or at least restore the livelihoods of all APs/DPs through (i) land-based

resettlement or cash compensation at replacement value as relevant, (ii) prompt replacement of assets, iii) Prompt compensation at full replacement cost, and iv) additional revenues and services through benefit sharing schemes where possible;

Provide APs/DPs with needed assistance including i) if there is relocation, secured tenure to relocation and better housing; ii) transitional support and development assistance; and iii) civic infrastructure and community services as required;

Improve the standards of living of the displaced poor and vulnerable groups to at least national minimum standards;

Develop procedure in a transparent, consistent and equitable manner if land acquisition is through negotiated settlement;

Ensure that APs/DPs without titles are eligible for resettlement assistance and compensation for loss of non-land assets;

Prepare a RP elaborating on APs/DPs entitlements, income and livelihood restoration strategy;

Disclose a RP in an accessible place and a form and languages understandable to the APs/DPs and other stakeholders;

Conceive and execute resettlement as part of a development project or program; Provide compensation and other entitlements before physical or economic

displacement; and Monitor and assess resettlement outcomes and their impacts on the standards of living

of APs/DPs.

E. Policy Differences and Reconciliation

52. A comparison between ADB policies and the laws and practices of land acquisition and resettlement used by the Government of Vanuatu has been conducted during the PPTA preparation and project implementation, and a summary has been prepared below (Table 2). Any differences between the laws and practices of the Government of Vanuatu and ADB SPS 2009 will be resolved in favour of the ADB SPS.

Table 3: Comparison of Land Acquisition and Resettlement in Vanuatu and ADB's SPS 2009

SN ADB SPS 2009

Safeguards

Comparisons to Vanuatu Law Reconciliation Provisions

1 Avoid resettlement impacts wherever possible.

There is no minimum standard that requires the projects to avoid resettlement impacts.

The Project will ensure all resettlement and land acquisition and impacts on community and business/productive interests are avoided, wherever possible.

2 Minimize impacts by exploring project design alternatives

There is no minimum standard that requires the projects to minimise land acquisition and impact on the community

The Project will ensure all resettlement and land acquisition and impacts on community and


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SN ADB SPS 2009

Safeguards


business/productive interests are minimised wherever possible.

3 Enhance, or at least restore the livelihoods of all APs/DPs in real terms relative to pre-project levels.

Compensation is determined based on issues including land type, crops etc. However, this does not include “non-land producing” incomes such as income from shop business etc. It also does not necessarily require that compensation be provided and that conditions of the affected people be the same level or better than pre-project situation.

For this project, compensation for losses by businesses and for employees’ salaries will be considered in the entitlement. Land is valued by Valuer General in MLNR. The VG will be used (refer to SN 8).

4 Improve the standards of living of the affected poor and other vulnerable. It covers both economic and physical displacement

Laws and practices in Vanuatu do not recognise the standards of living of the poor and vulnerable, in determining compensation for land acquisition and resettlement per-se.

ADB SPS 2009 will be enforced in that assistance will be provided to vulnerable APs/DPs, if any identified, to ensure that living standards the same as, or wherever possible better than, pre-project levels

5 Screen early, the projects resettlement impacts and risks

Laws and practices in Vanuatu, relating to Government Capital Works Projects, require that the Project budget consider and includes associated resettlement and land acquisition costs. However, there are no other assessments of resettlement impacts required prior to budget approval, hence capital works commencing.

ADB SPS 2009 will be enforced to recognise resettlement impacts and risks, including through this RP and subsequent RP updates.

6 Carry out meaningful consultations with participation of APs/DPs, inform all APs/DPs of their entitlements and resettlement options. Pay particular attention to the needs of vulnerable groups.

The law, and current practices, does require the land acquisition and relocation orders to be disclosed several times over radio and in the printed media over a 1-month period, as well as display on-site. However, there is no recognition of vulnerable groups nor the consultation with, or participation of, APs/DPs at any part of the process, except in the case of people given opportunity to make objections

ADB SPS 2009 will be enforced in that the prepared RP and its implementation will require a level of participation and consultation

7 Establish a grievance mechanism

Vanuatu already has a Grievance redress system for general village matters, followed by the chief. MLNR has also recently been set up at Provincial level, through the Customary

ADB SPS 2009 will be enforced to ensure an appropriate multiple level grievance redress system, which allows AP/DP participation, relatively rapid


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SN ADB SPS 2009

Safeguards


Land Tribunal.

action and results, as well as encompassing existing grievance procedures.

8 Improve, or at least restore the livelihoods of all APs/DPs through (i) land-based resettlement or cash compensation at replacement value as relevant, (ii) prompt replacement of assets, iii) Prompt compensation at full replacement cost, and iv) additional revenues and services through benefit sharing schemes where possible.

In Vanuatu valuation of land is stipulated by Law, and is conducted based on several factors regarding that specific plot of affected land such as lease and ownership type; location of property; amenities; market price of nearby properties; physical land characteristics; and intangibles. The law specifically points out times for disclosure prior to valuation, time for objection to valuation and acquisition of lands and assets. However, the law does not provide any clauses for compensation, income restoration and entitlements to be provided to the AP/DP in “prompt” manner.

Land is valued by Valuer General in MLNR. The VG will be used to determine compensation requirements relating to land, land-based income losses. All other compensation, such as non-agricultural business and employee entitlements will be at the existing market rates. At the end of the disclosure period, as soon as practicably possible, as per ADB SPS 2009, compensation will be provided promptly.

9 Provide APs/DPs with needed assistance including i) if there is relocation, secured tenure to relocation and better housing; ii) transitional support and development assistance; and iii) civic infrastructure and community services as required.

In Vanuatu, land acquisition, resettlement and compensation for land-based losses are included under the law. However, impacts on business and their employees are less clear and there is no recognisable transitional support mechanism under the law

ADB SPS 2009 will be enforced in supplementing the Law of Vanuatu, in order to cover transition assistance requirements, business and employees impacted, as required.

10 Develop procedure in a transparent, consistent and equitable manner if land acquisition is through negotiated settlement

As a project under the Government of Vanuatu, all lands by law must be acquired for capital works, based on the orders of the Minister for MLNR.

This aspect of the SPS 2009 relating to “Negotiated Land acquisition” is not applicable. Therefore Vanuatu laws and practices will be adopted for this purpose.

11 Ensure that APs/DPs without titles are eligible for resettlement assistance and compensation for loss of non-land

Laws have no clauses that recognise encroachers in any way to be entitled or NOT entitled to compensation or rehabilitation.

ADB SPS 2009 will be enforced to recognise encroachers, who are legitimately affected at the time of the census/detailed measurement survey conducted.


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SN ADB SPS 2009

Safeguards


assets

12 Prepare an RP elaborating on APs/DPs entitlements, income and livelihood restoration strategy and so on

Under Vanuatu Law, land acquisition and resettlement and compensation is carried out focussing on households affected and the values of the land a structures affected. However, an RP per-se is not necessarily require.

ADB SPS 2009 will be enforced to ensure an RP is prepared and is updated at the time of detailed design

13 Disclose a RP in an accessible place and a form and languages understandable to the APs/DPs and other stakeholders

Although the Law does not require an actual RP to be prepared, its clauses do necessitate notices and official valuations by the MLNR to be prepared. The law, and current practices, also requires that land acquisition and relocation orders for a specific site be disclosed several times over radio and in the printed media over a 1-month period, as well as display on-site. However, only the radio would be useful for the illiterate to become informed of any pending land acquisition and resettlement activity on a specific site.

This practice will be maintained in addition to the RP being disclosed on the ADB website. If APs are found to have low literacy a further disclosure through public meeting may be held.

14 Conceive and execute resettlement as part of a development project or program

The MLNR does have a 200 Million Vatu budget for Land acquisition and resettlement for Capital Works Projects allocated on an annual basis. The year prior to an infrastructure development project, Government agencies will develop their work plans for the following fiscal year. At this time proposals for projects where land acquisition is involved should be submitted. This is subject to the approval of the Council of Ministers.

Laws and practices in Vanuatu, relating to Government Capital Works Projects, require that the Project budget consider, and includes, associated resettlement and land acquisition costs. No supplementary measure required.

15 Provide compensation and other entitlements before physical or economic displacement

Compensation is to be provided after a period of disclosure and a period for objection has finished. However, legislation does not clearly state that compensation will be provided prior to commencement of construction, which would force physical/economic displacement impacts to occur.

ADB SPS 2009 will be enforced to ensure land acquisition, resettlement and / or compensation measures are completed prior to construction commencing.

16 Monitor and assess resettlement outcomes and their impacts on the standards of living of

There is no specific clause in the law of practice in Vanuatu that required Monitoring and assessment of APs/DPs during or after land acquisition and resettlement commences

ADB SPS 2009 will be enforced to ensure that internal monitoring and evaluation programme is set up for this Sub-project. Although not


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SN ADB SPS 2009

Safeguards


APs/DPs.

expected under the current project design conditions, external monitoring program may be required if land acquisition and resettlement impacts became significant, based on SPS 2009 policy definitions.

F. Principles and Policies for the Project

53. Given the assessment of the Vanuatu laws and practices and the ADB policy differences referred to above, some additions have been made on top of the provisions set out under the Vanuatu laws, in order to ensure consistency with the resettlement principles of the ADB’s SPS (2009), especially safeguards on land acquisition and compensation. For the reference of MIPU in preparing and subsequent implementation of resettlement activities under the project, the following project principles and policies will apply:5 (i) Involuntary resettlement and loss of land, structures and other assets and incomes shall

be avoided and minimized by exploring all viable options; (ii) APs shall be provided with compensation for their lost assets, incomes and businesses,

and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income levels and productive capacity.

(iii) Lack of legal rights to the assets lost will not preclude affected persons receiving entitlement in form of compensation for non-land assets and/or rehabilitation measures.

(iv) Affected land assets shall be replaced at their current market values, based on Valuer General’s approval.

(v) Preparation of resettlement plans and their implementation shall be carried out with participation and consultation of affected people and the Vanuatu government and authority – Ministry of Lands and Natural Resources.

(vi) Schedule of budget for resettlement planning and implementation will be incorporated into MIPU’s budgetary cycle as required at the time of financing. This will require close consultation with MFEM, MLNR and approvals by the Council of Ministers of Vanuatu.

(vii) Payment of compensation or replacement of affected assets and any resettlement to new locations will be completed prior to civil works implementation.

(viii) Rehabilitation measures will also be in place before start of civil works, but not necessarily completed, as these may be on-going activities. There will be no perceived negative impact on both DPs and host community, if any, otherwise mitigation measures should be introduced.

(ix) Compensation and rehabilitation assistance for socially disadvantaged such as households headed by women, the disabled and elderly, will be carried out with respect for their cultural values and specific needs.

(x) Where significantly large or entire land holdings are affected by a project, the general mechanism for compensation for affected agriculture, residential or commercial land shall

5 These are the project’s general resettlement principles which will be applied to different project components/subproject to varying

degrees. As this subproject involves only a private firm and a government trust, all of these principles may not apply in this particular

case.


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be through provision of "land for land" arrangements of equivalent size and productivity and at location acceptable to the AP, if possible.

(xi) If a house or other structure is only partially being affected by the Project and the remaining structure is rendered unviable for continued use or in area less than the minimum relevant structure size under the prevailing standards, the AP shall be entitled to surrender the entire structure and to compensation for the entire structure at full replacement cost without depreciation or deductions for salvaged material.

(xii) APs whose land or assets are temporarily taken by the works under the project shall be fully compensated for their net loss of income, damaged assets, crops and trees, as the case may be. The contractor shall also ensure that all temporarily acquired land and structures are returned in its pre-project state.

(xiii) Compensation for affected populations dependent on land and natural resource-based activities will be land-based or access-based6 wherever possible.

(xiv) Affected populations that stand to lose only part of their physical assets will not be left with a proportion that will be inadequate to sustain their current standard and convenience of living; such a minimum size being identified and agreed during the resettlement planning process.

(xv) Affected populations will be systematically informed and consulted about the Project, the rights and options available to them and proposed mitigating measures.

(xvi) Adequate budget support by MIPU, with MFEM of Vanuatu approvals and guarantees, will be fully committed and made available to cover the compensation and resettlement with the agreed implementation period. Clear budget commitments are required for critical activities such as formal detailed physical surveys and administrative functions associated with compensation and resettlement.

(xvii) Community facilities and infrastructure damaged due to the Project shall be restored or repaired as the case may be, at no cost to the community.

(xviii) Where local communities or individuals elect to make voluntary contribution of affected land without compensation, or in accordance with traditional practices, this shall be acceptable only if the following safeguards are in place:

Full consultation with landowners and any non-titled affected people on site selection; Voluntary donations should not severely affect the living standards of affected people Any voluntary “donation” will be confirmed through written record and verified by an

independent third party such as an NGO or legal authority; and Adequate grievance redress mechanism should be in place.

G. Compensation and Rehabilitation Eligibility

54. Affected people entitled to compensation or at least rehabilitation provisions under the project are:

- All non-titled land users losing crops or income with or without title, formal land use rights or traditional land use rights.

6 This is to ensure coverage of affected communities whom rely on traditional accessibility to marine-based livelihoods.


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55. Compensation is limited by a cut-off date during the Detailed Measurement Survey and AP Census of losses, carried out immediately after the conclusion of the technical detailed design. All APs/APEs who will settle in the affected area after the cut-off date and who cannot prove that they are displaced users of the affected plots, will not be eligible to be allowed to continue informally planting next to the project site.

H. Compensation and Rehabilitation Entitlement for Final STP Site

56. Entitlement provisions apply to APs suffering loss of crops for the construction of the sewage treatment facility. In addition, there is no need for temporary land acquisition including use of workspace or accessibility to the site since there is adequate land within the 48 ha Bouffa Landfill. The following is the entitlement for the APs in the project site:

Loss of crops- All 40 APs will loose access from the project site. The mitigation measure is for all APs to be allowed by PVMC to continue informally planting on the municipal land next to the project site. In addition, all 40 non-titled land users are given three months to harvest their food crops, beginning August to October 2015. An earlier verbal notice was given on March 2015 by PVMC during a meeting held with the gardeners and their chiefs. All farmers have harvested their crops and have started planting in an adjacent area also owned by PVMC. There are no new gardens in the project area and people have come to understand that the site is no longer available for use (and why) and that an alternative area is available for planting gardens.

After a series of discussions with the PVMC, it has made assurances that the current informal arrangement for gardening and farming will continue at an alternative site, while formal ownership will not be provided to the users, their use will be allowed to continue. This has been explained to the users and they understand that they were allowed to plant on the site only until it is required for use by the PVMC, at which time they would be requested to continue planting outside the project site. Through a number of discussions between the PVMC officials and the non-titled users, a mutually acceptable agreement was reached that will allow continued informal planting on alternative municipal land (Appendix 3 Minutes of Consultations).

I. Entitlement Matrix

57. In this updated Resettlement Plan, the entitlement matrix below (Table 3) provides for entitlements as described in the likely impacts from the Project:


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Table 4: Entitlement Matrix

Type of Losses Entitled Person Entitlement

Loss of gardens/ crops

All Affected Persons including non-titled land users

Allowed to harvest their food crops within three months after serving of notice Allowed to continue planting on alternative site without legalizing tenure to the informally occupied government land

V. CONSULTATION, PARTICIPATION AND DISCLOSURE A. Consultation

58. This RP has been prepared in 2011 and updated in July 2015 in close consultation with representatives of the affected parties – representatives of the non-title holders (gardeners), and previously the representatives of the leaseholders in the original STP site, and the Port Vila Municipal Council. Two sections of the MLNR have also been consulted, one being those responsible for holding land in trust on behalf of the customary land owners prior to there being identified and the Valuer General’s Department. The project teams (PPTA and implementation) have also visited the affected sites. 59. Following is a summary of project consultations at Bouffa Landfill site:

i. Initial site visit and initial discussion with gardeners in November 2014; ii. Meeting with the chiefs and non-titled users on 3 March 2015 conducted by the Port Vila

Municipal Council. The Team discussed project background, rationale, and requirement for the project site;

iii. Signing of partnership agreement between the Port Vila Municipal Council (Hon. Ulrich Sumptoh, Lord Mayor and the Etas RRR Province Sanitation Association (Mr Samuel Nowawine, Chairman of the Association) on 6 May 2015; and

iv. Conduct of socio-economic survey and individual interview of APs from 12 June - July 2015.

60. This RP was updated during the detailed design and consultations were carried out to determine impacts to AP and socioeconomic survey and census of losses for all non-titled users were carried out to ensure mitigation of impacts and full stakeholder participation in project implementation. These tasks were carried out by international and national specialists engaged for updating this RP. 61. During project implementation, consultation and awareness activities are (and will be) continuously conducted through regular meetings organized by the project resettlement specialists. This is to ensure that those affected persons are aware of the construction implementation plans, detailed design and updated RP implementation schedule. They will also identify with the APs any RP implementation problems and undertake timely remedial actions. Given that there will be no land acquisition and the non-titled land users and their traditional chiefs are very supportive of the project construction and have consistently assured the team and the Port Vila Municipal Council of their willingness to move from proposed site, only internal monitoring of the RP is recommended.


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B. Information Disclosure, Consultations and Participation

62. Disclosure of the Resettlement Plan will be carried out on 28 August 2015. It will be disclosed to affected people in English, with the notices including summary of the RP, translated to other 2 official local languages – Bislama and French as required by Vanuatu law. A copy of the RP will be made available at the MIPU office and MLNR office. If an affected party requests, the summary of the RP may also be translated into French and/or Bislama. 63. MIPU, through VPMU/PVUDP with the Port Vila Municipal Council, will be responsible for disclosure requirements, as necessary under the law of Vanuatu, and as below: Updated RP was provided to the non-titled users (gardeners); and The updated RP will be disclosed on the ADB Website. At each stage consideration will be given to disclosing the RP through awareness sessions

in affected communities (if any) in order to ensure community residents are kept informed.

VI. GRIEVANCE REDRESS MECHANISM

64. During implementation, the VPMU and its Contractor will have a designated staff member responsible for implementing the GRM. The VPMU’s lead will be the grievance focal point, and receive and address project related concerns, via the designated staff member. Concerns will be resolved first by the Project Manager on-site, followed by the VPMU, and the responsible government authorities. 65. During the construction period the contractor will be a key participant in the grievance redress process. 66. Any complaint will be recorded and investigated by the VPMU’s staff working with the Design, Supervision and Capacity Development (DSCD) Consultant and the contractor (as appropriate). A complaints register will be maintained as a Help Desk, and will show the details and nature of the complaint, the complainant’s name, the date and actions taken as a result of the investigation. It will also cross-reference any non-compliance report and/or corrective action report or other relevant documentation filed under that complaint. 67. When construction starts, a sign will be erected at all sites providing the public with updated project information and summarizing the grievance redress mechanism process including contact person details at the VPMU. All corrective actions and complaints responses carried out on site will be reported back to the VPMU lead. The VPMU will include the complaints register and corrective actions/responses in its progress reports to the ADB. 68. Throughout this process, MIPU will always be available to hear public complaints and provide advice if the complainant feels that VPMU responses are not satisfactory. 69. On receipt of a complaint in any form (in person, telephone, written) the VPMU complaints officer will log the details in a complaints register. PMU will forward complaint to the project director and executing agency head within 48 hours. The DSCD will respond to the PMU within 1 week with advice on corrective actions to be taken. VPMU will review and find solution to the problem in consultation with village/island/state or traditional chief and relevant local agencies. Then VPMU will report back to the affected persons within another 7 days. If the


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complainant is dissatisfied with the outcome, or has not received advice in the allotted time period, he or she can take grievance to the national government. MIPU will refer matter to the State Law Office for review. The national/state authority will review the case and report back to the VPMU who will discuss answers with the complainant about outcome. If unresolved, or if at any time the complainant is not satisfied, he or she can take the matter through the courts. Both successfully addressed complaints and unresolved issues will be reported to the ADB by the VPMU.

Table 5: Procedures for Resolving Grievances

Step Process Duration

1 Affected Person (AP)/ takes grievance to the Vanuatu Project Management Unit (PMU)/DSCD /Contractor

Any time

2 VPMU reviews issue, and in consultation with DSCD and contractor (if appropriate), then records a solution to the problem.

1 week

3 VPMU reports back to AP and gets clearance from complainant.

1 week

If unresolved

4 AP take grievance to relevant government agency for resolution (Director General of the Ministry of Infrastructure and Public Utilities or MIPU)

Decision within 2 weeks

5 AP refers matter to Public Solicitor’s Office 2 weeks 6 National agency refers to an internal committee 4 weeks 7 National agency through reports back to relevant

government agency/AP 1 week

If unresolved or if at any stage and AP is not satisfied with progress AP can take the matter to appropriate state or national court. As per judicial system.

VII. INSTITUTIONAL ARRANGEMENTS

A. Institutional Arrangements

50. The MIPU is the executing agency responsible for overall guidance and project implementation. T h e V a n u a t u P r o j e c t M a n a g e m e n t U n i t ( VP MU ) headed by a Project Director implements the project and overall is responsible for overall planning, management, coordination, supervision and progress monitoring of the subproject (STP) including the RP update and implementation. VPMU is supported by a team of international and national consultants (project design, management and capacity building) from the Port Vila Urban Development Project or PVUDP. VPMU ensures compliance with assurances, including safeguards and updating and submitting the resettlement plan update, and resettlement plan monitoring reports.

51. An international and national social safeguards specialists were recruited to assist VPMU in updating this RP. During implementation, VPMU will submit reports on a quarterly basis to ADB. In addition, corrective actions are to be taken when necessary based on close monitoring and results of grievance redress process.

52. MIPU/VPMU will work also together with the Port Vila Municipal Council in giving notice to the non-titled users (gardeners) to harvest within three months and being allowed to continue gardening outside the STP site.


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B. Implementation Arrangements

53. An international social safeguards specialist, working with a national safeguards specialist, was recruited in November 2014 to:

i) Update the resettlement plan, based on the final site and detailed design of the sewage treatment plant; and

ii) Assist the VPMU management in RP implementation and preparing an internal monitoring report to be submitted to ADB confirming compliance with the RP.

54. During the finalization of the u p d a t e d RP, where specific impacts and revised non-monetary compensation costs were updated for the final STP site (Bouffa), the APs signed a Memorandum of Agreement on signifying their support for the project.

55. The Port Vila Municipal Council with the VPMU/PVUDP resettlement specialist, have informed the APs to harvest their crops in three months and was informally allowed to continue planting their crops outside the project site.

C. Resettlement Database Records

56. All information concerning resettlement issues related to land acquisition, socioeconomic information and inventory of losses by individual APs are to be recorded by the VPMU/PVUDP. These data records will form the basis of information for implementation, monitoring and reporting purposes. Each of the APs have been interviewed and have provided the types and quantity of crops they have planted and need to harvest from the site as part of the inventory of losses for APs.

D. Post-Resettlement Plan Implementation 57. Monitoring of compliance of the project policies is the main agenda in this phase. Internal monitoring is the responsibility of the VPMU/PVUDP, but will be conducted with the assistance of the resettlement specialist. Based on the further reduction of impact due to the replacement of the original site, no external monitoring is recommended. Internal monitoring reports will be submitted to ADB with the quarterly progress reports and with the final internal monitoring report will be also submitted by the EA. The ADB will issue to the EA/IA a no objection, which will then signify for the contractor to commence civil works in the affected area. The details of monitoring and evaluation are discussed in the section below. During mid-term review, ADB will also ensure that there are no other adverse involuntary resettlement effects.

VIII. RESETTLEMENT BUDGET AND FINANCING SOURCE

58. The total compensation budget from the original site to the final selected site had been drastically reduced due to avoidance of acquisition of agricultural land for construction purposes. The original resettlement budget for the original project site was VT27.1 million (USD 280,289). The final site will not cost the government any funds, however, the construction of the facility would cost about Vt 90 mllion to be funded by the government. There are no other expected expenses for the implementation of this RP as the detailed measurement survey and community consultation costs had been met by the Project previously.


Page 31

Table 6: Estimated Budget

S.N. Items

Cost (VT) Cost (USD)

A Compensation

1 Compensation costs 0 0

Sub Total (A) 0 0

B Implementation

1 Land Survey (DMS) 0 0

2 Consultations 0 0

Sub Total (B)

A + B = Total 0 0

Contingency 0 0

TOTAL USD 0 0

IX. IMPLEMENTATION SCHEDULE

59. The orderly undertaking of the resettlement activities, as laid out in this Resettlement Plan, is essential in order to prevent undue delays to construction schedule. The following schedule was updated after the detailed design:

TASKS Months (2015)

May Jun Jul Aug Sept Oct Nov Dec

A. Finalization of detailed design B. Final RP Preparation Notice to Harvest Crops (30 days

7)

Detailed Socio-economic survey and census of loss for APs

Resettlement Plan Updating ADB Review/approval Disclosure of final RP (30 days) C. RP implementation Harvesting of crops Informal allocation of replacement site Internal Monitoring Preparation of compliance report

Notice of Approval Commence Civil Works

7 A verbal notice to vacate was provided by the Port Vila Municipal Council in March 2015 followed by a formal notice to individual 40

non-titled users on 30 June 2015


Page 32

X. MONITORING AND EVALUATION

62. Given the magnitude of land acquisition and compensation under this subproject is small and has no significant impacts, an external monitoring is not envisaged. However, internal monitoring will be necessary, and the EA will prepare a monitoring report documenting the compensation provided to the affected persons. 63. Monitoring will be conducted by the EA/VPMU. Monitoring and evaluation (M&E) reporting will cover the following: compliance with resettlement compensation policies; adequacy of the organisational mechanism for implementing the Resettlement Plan; the handling of complaints and grievances; and the APs will have been fairly compensated, as per the RP provisions,

64. Monitoring will be carried out for a baseline, mid-term and end of compensation period and to be reported during the quarterly reporting to ADB by the EA.. The EA will be responsible for determining if any follow-up actions are necessary and ensuring these actions are undertaken. 65. Prior to vacating the project site by the non-titled users the EA/VPMU (internal monitoring office) have announced the date of harvesting the crops by APs prior to the target construction period (September 2015). No construction in the affected area will commence until the RP implementation, including harvesting of crops and replacement site, has been fully completed.


Page 33

Annex 1. Socio-economic Survey and Census of Loss for Bouffa Landfill Site’s 40 Informal Land Users (Gardeners)

No Name of Household Head/ Gardener

Age Educational Level

Income Source (Formal, business, etc)

Number of People in Each Household

Household Members with Own Income

Reported Income from Gardens Only (Vt /month)

Estimated income from Other Sources

Total Estimated Monthly Income (Vt /month)

School Age Children

Sick/ disabled people in HH

Loss of Garden Land from STP Site (ha)

Total Land

Esti % of Loss

1 Napuati

Sam

50

yrs

old

Primary

(Year 8)

None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

10 None, self-

employed as

security officer

20,000 12,000

(3,000 x 4

weeks)

Note:

share from

community

metal

scrap

gathering)

32,000 1 1 50m² 500m² 5%

2 Roy Obed 30 Secondary

(Year 12)

As above 5 Farming 15,000 12,000

27,000 2 None 40m² 400m² 4%

3 Emilie

Ware

37 Primary

Subsistence

Farming &

employed at a

Bakery in Port

Vila

4 1 25,000 12,000 37,000 5 Yes, but

not

regularly

Not known

but

estimated to

be about the

same as

above

Same

as

above

Same as

above

4

Esitor Bule 38 Primary

Self-employed 9 1 15,000 12,000 27,000 2 None Not known

but

estimated to

be less than

400m²

“ “

5

Louise

Louise

26 Primary

As in 1 & 2

above

5 No 15,000 12,000 27,000 1 None Same as

above

“ “


Page 34

No Name of

Household

Head/

Gardener

Age Education

al Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

Estimated

%

of Loss

No Name of

Household

Head/

Gardener

Age Education

al Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

Estimated

%

of Loss

6

Tonny

Lucy

24 Primary

As above 4 No, dependent

on money

earned from

sale of root

crops and

vegetables

from garden

Unable to

provide

information

12,000 12,000 (at

least)

1 Yes, and if

member of

family is

sick, they

refer to

traditional

medicines

a

Same as

above

“ “

7

Lesbeth

Nombo

40 Primary

None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

4 None. depend

on produce

from farm as a

source of

income

16,000 12,000 28,000 3 None Estimated to

be about

300m²

All

garde

n land

Whole

garden

land

8 Kalran Kalo 25 Primary As above 3 As above 12,000 12,000 24,000 1 None As above - -

9 Jonah Kalo 35 Primary Self- employed

as carpenter.

Supplement

income by

farming

3 1 12,000 12,000 24,000 None Yes,

sometimes

Estimated to

be about

300m²

Estima

ted to

be

about

300m²

Approx.

3%


Page 35

10 Edward

Mage

48 Primary Self-employer as

wood carver.

Supplement

income by

farming

5 1 10,000 12,000 22,000 None Yes

sometimes

Estimated to

be about

300m

As

above

As above

11 Joelyn

Bong

37 Primary None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

4 None. Depend

on farming

19,880 12,000 31,800 1 No

disability,

but family

members

are

sometimes

sick

Not known Estimate

d to be

about

300m²

Approx

3%

12 Nikiahi

Napuat

49 Primary As above 11 None 12,000 12,000 24,000 5 No

disability

but if any

member of

the family

got sick,

they either

seek

medical

assistance

from the

Main

hospital or

use

traditional

herbs.

Not known But the

garden

is in the

area

Whole

garden

land

13 Sam Narua 36 Secondar

y

8 1 20,000 12,000 32,000 4 No

disability.

But they

go to the

hospital

when sick

Approx.

400m³

Approx.

400m³

Approx.

400m³


Page 36

No Name of

Household

Head/

Gardener

Age Educatio

nal Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

Estimat

ed %

of Loss

14 Hellen

Andre

37 Primary Market vendor

(Sale of root

crops &

vegetables)

4 None 20,000 12,000 32,000 2 No

disability

but when

sick they

go to the

hospital

Not known Area

within

site for

STP

Whole

garden

15 Sam Henry 59 Primary None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

6 None 20,000 12,000 32,000 4 As above As above As

above

As

above

16 Nancy 34 Primary Market vendor (

sale of crops

from the garden)

7 None 6,000 12,000 18,000 5 As above As above As

above

As

above

17 Anna

Tapasei

32 Primary As above 5 None 9,000 12,000 21,000 3 As above As above As

above

As

above

18 Flora John 29 Primary House girl.

Income

supplemented

by sale of crops

from the farm

5 1 (House girl) 15,000 12,000 27,000 3 As above As above As

above

As

above

19 Leimawa 39 Secondar

y

Market vendor 6 None 4,0000 12,000 16,000 2 As above Has planted

within the

proposed

STP site but

have

decided to

stop planting

there and is

currently

Not

Applicab

le (N/A)

NA


Page 37

planting out

the site for

the STP

No Name of

Household

Head/

Gardener

Age Educatio

nal Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

Estimat

ed %

of Loss

20 Rebecca

Morris

43 Primary Market vendor 2 None 12,000 12,000 24,000 1 Yes As above As

above

As

above

21 Anthony 24 Primary None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

3 None 15,000 12,000 27,000 1 Yes As above As

above

As

above

22 Moti Tom 58 Primary As above 7 None 5,000 12,000 17,000 None None Not known Whole

garden

23 Chief

Lunamin

40 Primary As above 6 None 15,000 12,000 27,000 None No Approx.

500m³

Whole

garden

24 Denny Bule 61 Primary As above 6 None 9,000 12,000 21,000 None No Not known Whole

garden

25 Francois

Garae

25 Secondar

y

As above 4 None 20,000 12,000 32,000 1 No Not known Whole

garden

26 Noel Hiwa 26 Secondar

y

As above 4 None 22,500 12,000 34,500 2 No Not known Whole

garden

27 Napuati

Nikalu

23 Primary As above 4 None Unable to

provide

information

12,000 12,000 (min) 1 No Not known Whole

garden


Page 38

No Name of

Household

Head/

Gardener

Age Educatio

nal Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

Estim

ated

%

of

Loss

28 James

Garaebiti

38 Primary Self- employed

(actor in a

theatre group-

part time which

supplement

income by

farming)

4 Yes, part time

actor

10,000 12,000 32,000 2 No Not known Whole

garde

n

29 Edmond

Rosen

38 Primary None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

6 None Unable to

provide

information

12,000 12,000 (min) 2 Yes.

Takes

care of a

family

member

who is

deaf and

blind

Not known Whole

garde

n

30 Lata Taiwa 24 Primary None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

2 None Unable to

provide

information

12,000 12,000 (min) 2 No Not known Whole

garde

n

31 Steven T.

Stanley

53 Secondar

y

None,

dependent on

subsistence

farming

4 None 16,0000 12,000 28,000 2 None Not known Whole

garde

n


Page 39

practices at the

proposed STP

Site

No Name of

Household

Head/

Gardener

Age Educatio

nal Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

Estim

ated

%

of

Loss

32 Nepsi

Obed

54 Primary As above 4 None Unable to

provide

information

12,000 12,000 (min) 2 None Not known Whole

garde

n

33 Wakereth

Alice

38 Primary As above None None 30,000 12,000 42,000 None None Not known Whole

garde

n

34 Tugu

Joram

45 Primary AS above 6 None Unable to

provide

information

12,000 12,000 (min) None None 3 plots of

approximatel

y 3,000m²

Whole

garde

n

35 James

Vutori

55 Primary Self- employed-

(Panel beater,

motor

mechanic).

Income

supplemented

by farming

5 1 10,000 12,000 22,000 1 None Not known Whole

garde

n

36 Mckensie

Anthony

48 Primary Farming 7 None 4,000 12,000 16,000 4 Yes, one

person

with

disability

Not known Whole

garde

n

37 Cherolyne

James

22 Primary As above 3 None 20,000 12,000 32,000 None None Aprox.

2,000m²

Whole

garde

n

38 Camilo Rori 60 Secondar

y

As above 9 Self-employed

(Bus driver).

Farming is

supplementary

to family

income

25,000 12,000 37,000 6 None Not known Whole

garde

n


Page 40

No Name of

Household

Head/

Gardener

Age Educatio

nal Level

Income Source

(Formal,

business, etc)

Number of

People in

the

household

Household

Members

with Own

Income

Income

from

Gardens

only

(Vt ‘000 /month)

Estimated

income

from

Other

Sources

Total

Estimated

Monthly

Income

School

Age

Children

Any

sick/disab

led

people in

your

house?

Loss of

Garden

Land from

STP Site

(ha)

Total

Land

39 Germaten

Rori

57 Secondar

y

Teacher (income

supplemented

by farming

6 1 26,000 12,000 38,000 3 Yes, wife

sick with

cervical

cancer

Not known Whole

garde

n

40. Allan

Robert

52 Primary None,

dependent on

subsistence

farming

practices at the

proposed STP

Site

8 None 20,000 12,000 32,000 1 None Not known Whole

garde

n

Annex 2. Notice to Vacant Site from the Port Vila Municipal Council

English Translation of

Notice to Vacate Etas Land Fill Dumpsite (30 June 2015)

Text: We have undertaken consultations and discussions and everyone at Etas are aware about the development which is being proposed for Etas Landfill. The proposed septage treatment is about to start. This project or investment will cover the area you are currently using for gardening. PVMC supports many projects and provide land for those projects. The big project developments which the PVMC is involved with are mainly in the interest of the people of Port Vila. Etas 3 “R” 6 Provincial Association with the chiefs knows fully well the good development being proposed (STP). I am sure you have already been informed about this proposed development by the PVUDP Design, Supervision and Capacity Development (DSCD). Because PVMC owns the land at the Bouffa Landfill, PVMC is now serving notice to all the families who use the land for gardening to start harvesting their crops from today (30 June 2015) onward. You have 1 month from today 30 June 2015 to harvest you crops and to leave the area clear and free for the PVMC to use for the proposed STP. I am asking you or your family to cooperate with us for this initiative. Thank you for your understanding. Yours truly, Ronal SANDY (Signed) Town Clerk Cc: President, Etas RRR 6 Province Association : File

Annex 3. Minutes of Consultations with APs in the Final Bouffa Community

DURING DETAIL DESIGN: NOTE OF MEETING – BETWEEN MINISTRY OF LANDS AND NATURAL RESOURCES (MLNR), LAND SURVEY SECTION (LAND OWNER REPRESENTATIVE) AND PPTA TEAM

Date : 14th March 2011 Present : Mr Martin Sokomanu , Surveyor General, Land Survey Section, MLNR Roger McIntyre, Egis International Subject : Land for Sewage Treatment Plant Site. Points discussed The purpose of the meeting was to confirm if the proposed Project Land area had any Customary Land Owners identified and, facilities available for compensating unidentified customary land owners. The following points were confirmed. 1. Mr Sokomanu explained briefly about how all land in Vanuatu is, by law and according to the

Constitution, Customary (Kastom) Land, since Independence in 1980. 2. The MLNR is still working to identify and register Customary Owners with their own traditional

lands. Some Customary Land Owners have been identified and some may be identified in future.

3. In the case of the land, where the sewage treatment plant sub-project is proposed to be located, the Customary Owners have not yet been identified.

4. In this case, it was explained, that if a plot of land is bought by the Government, or when a plot of land is leased, all profits are held in trust by a Government appointed trustee. This trust account is then transferred to the Customary Owners when, and if, identified.

5. Land proposed to be acquired for the proposed sewage treatment facility would need to be valued by a Government registered Valuer.

6. Any compensation payable to the Customary Owners, in this case, would be held by the Government appointed trustee for the said land area.

Minutes of Meetings of Series of Public Consultations for the Bouffa Septage Treatment Plant

Bouffa Septage Treatment Plan Consultation

Date: 3 March 2015 Time: 09.00 am Venue: Department of Lands Registry- Survey Unit Agenda: Bouffa Sludge Treatment Plan Briefing (Consultation1) Attendees:

Name Position Organization

Peter Pata Principal Lands Officer Dept. of Lands

Rodson Aru Surveyor “ Trinison Tari Deputy Director DEPC

Ernest Bani Environmental & Resettlement Specialist

PVUDP

Roger Tari Divisional Manager, Environmental Health and Sanitation

PVMC

Mahmoud Rihad Consultant JICA (Bouffa Landfill)

Osada Akiiro Consultant “

PVMC Bouffa Landfill Staff

Amos Mathias Bouffa Landfill Site Manager PVMC

Andrew Mark Groundsman (Bouffa) “ Joel Ruru “ “ Jonathan Tasso “ “ John Alick “ “ Api Kalo Gate Keeper “ 1. Ernest briefly outlined the purpose of the PVUDP and the Septage Treatment sub-project to be located at the Bouffa Landfill site. The issue raised is basically on the people who live around the Bouffa Landfill site and are planting root crops within the Bouffa Landfill site. The PVMC is the lessee of the landfill site. The question asked was how to deal with the people who have gardens in within the area of the landfill. 2. Peter Pata, Principal Lands Officer, remarks were specific to the question and that the PVMC has the legal right to the landfill site. The process used by the government for moving people out from areas that they have either settled or used for gardening is to serve a notice to the people to stop planting in the area and harvest what is ready to be harvested. Normally 3 month’s notice is served to allow people to harvest crops and alternatively move to other areas either within the same area or outside the project area. 3. Rodson Aru, Surveyor, confirmed that what was said by Peter Pata by saying the PVMC has the legal right to ask the people to stop planting crops on the leased property and an alternative site will be proposed for transition of cropping. 4. Roger Tari, Divisional Manager, Environmental Health and Sanitation of the Port Vila Municipal Council, confirmed that the arrangements made for the people who live around the landfill site to make their gardens within the landfill site was a separate arrangement between the Landfill Site Manager (Amos Mathias) and chief representatives of the island communities who live at Etas Elang (Bouffa). 5. Amos Mathias, Landfill Site Manager, stated that the arrangement made was to ensure that these people could also provide security over PVMC machineries located at the site. He also said that the people who have gardens in the area know that they will have to stop planting when notice is serve for the commencement of the project.

6. Mahmound Rihad, JICA Consultant, asked whether the road to the Bouffa Landfill site is covered under the PVUDP will be upgraded and the supply of water and electricity. Ernest responded simply by saying that the issues are not within the scope of the PVUDP. 7. The meeting ended with the understanding that the people will be served notice to stop any gardening activity before the project starts. The meeting ended at 10.30 am, 3 March 2015.

Minutes of Consultations for the Bouffa Sludge Treatment Plant

Venue: Bouffa Landfill Site Date: 12 March 2015 Agenda: To discuss the Bouffa Sludge Treat Plant, a subproject component of the Port Vila Urban Development Project (PVUDP) (Consultation 2) Attendees:

NAME ADDRESS OCCUPATION

1 Chief Seule Jack Etas Elang (Bouffa) Gardener/Resident

2 Assistant Chief Hubert Mertely

“ “

3 Allan Obed “ “ 4 Robert Iawiman “ “ 5 John Willie “ “ 6 Andrew Mark “ “ 7 Api Kalo “ “ 8 Stephen Tonge “ “ 9 Amos Mathias PVMC Bouffa Landfill Site Manager

10 Phillip Firiam PVUDP Project Engineer/Surveyor

11 Ernest Bani PVUDP Environmental/Resettlement Specialist

The meeting started at 2.15 pm. Ernest Bani, PVUDP Environmentalist and Resettlement Specialist welcomed everyone who were present and thank them for making the time to attend the meeting. He summarised the meeting rationale and objectives. The meeting was prompted by Output 2 of the PVUDP: Government has improved the sanitation system in greater Port Vila. The component is to improve the disposal and treatment of sludge from domestic and commercial septic tanks by (i) improving the management of the privately operated sludge collection and disposal system and (ii) construction of a sludge treatment plant (STP) and disposal facility.

Due to the various subsistence/commercial gardening activities happening on and around the Bouffa Landfill site, it is important that the farmers are aware about the proposed STP component and for PVUDP team to share information on time frame and works to be happening. Stephen Tonge, a subsistence farmer from Etas Elang made a brief response by thanking the PVUDP Team for organizing the meeting and for providing update information about the proposal to construct the STP at the Bouffa Landfill site. He confirmed at the meeting that they are awareness that they are planting their crops illegally and that they were fully aware that one day they will have to move out from the Bouffa Landfill. They are fully aware that their activities within the legal lease of the PVMC Bouffa Landfill are only temporary. He also confirmed that the current gardening activities on site are temporary and they are ready to stop planting anytime if the PVMC Bouffa Landfill Site Manager ask them to stop.

Robert Iawiman, a representative of Tanna Community also reconfirmed that they are fully aware about the status of the land and they will stop planting in the area as soon as they are informed about works to be happening on site. Assistant Chief Hubert Mertely on behalf of all the island communities at Etas Elang (Bouffa), he expressed his appreciation to the PVUDP Team members for the update information. He said they have been told about this by the PVMC. He continued by saying that they will not resist to abundant their gardens when asked to vacant to alternative sites within the landfill area. They will harvest whatever is ready to be harvested and ask his people to stop planting any new crops on site. Ernest emphasized that it is very important that the representatives of the different island communities communicate the information to their people. The PVMC will also be informed accordingly about the likely date of construction of the STP so that the people are notified. Action points:

o PVUDP will continue to keep all the stakeholders informed about the work schedules and timelines for the projects happening at the Bouffa Septage Treatment Site. The meeting ended at 15:30pm.

Figure 1: PVUDP Environmental & Resettlement Specialist pointing to the location of the proposed STP.

Figure 2: Island Community Representatives, Stephen Tonge (front) and Robert Iawiman (in white) contributing to the discussion

Figure 3: Assistant Chief Hubert Mertely confirming their preparedness

to stop using the land for cropping when notice is served by the PVMC

EXECUTIVE COMMITTEE OF THE ETAS SIX PROVINCES REDUCE,REUSE & RECYCLE (RRR)

ASSOCIATION

NAME POSITION PROVINCE

Nouawline Samuel President Tafea

Toukou Joram Vice President Penama

Steven Stanley Secretary Sanma

Anna Combe Treasure Malampa

Judith Christopher Vice Treasurer Torba

Samuel Sakari Member Tafea

Rory Germairs Member Malampa

Alan Combe Member Malampa

Tom Alto Member Tafea

Philippe Voatin Member Sanma

Lucy Edmond Members Torba

Continuing consultations from March to present:

The members of the Etas 3 RRR 6 Province which are the contact people for the STP whose Chairman meets frequently with the DSCD Consultants for updates on the progress of the project.

Notes of Meeting with Etas (Bouffa) Community – Wednesday 22 April 2015 (Consultation 3)

Agenda Items:8

1. Acknowledgement, cooperation, mutual understanding

2. Proposed site of the Sludge Treatment Plant (STP)

3. Gardens on the proposed site of the STP

4. Formation of a committee to liaise with the Port Vila Municipality on the Bouffa Landfill

development activities

A quick meeting was called and convened at a church building at the Bouffa Landfill, many chiefs, women, children, VPMU and PVUDP and the Municipal staff. The meeting opened by Pastor Nehemiah Martin of the Renewal Church with a prayer. Roger Tarry introduced the meeting and invited the Town Clerk (Ronald Sandy) spoke at length, acknowledging the Etas Community for their support, cooperation and mutual understanding of the issues they all confront in their everyday living in Etas. He alluded everyone present about a recent statement made by a child in the media that: ‘ Mani I stap long toti, mo toti hemi stap lo mani’. He acknowledged the initiative (separation of rubbish into 3 categories) taken by the community. Town Clerk said that if people are able to derive economic benefit from the rubbish dump, they should all be ready to contribute more in future development of the Bouffa Landfill especially with the upcoming STP project. The Clerk said that the need for people to move gardens from the project site cannot just be evicted, but that the PVMC will do all it is capable of doing, to ensure there is minimum disruption to their livelihood. A solution must be found quickly as the government is now in its final stages of the designs and implementation of the STP. Before he finished, he mentioned the PVUDP, especially the community about the STP, saying that such project aims at improving the health status of not only the people of Port Vila, but also Etas and Efate as a whole. He invited the Etas Community to consider forming a committee which will act as a reference point between the various stakeholders, especially the Clerk and his staff at the PVMC. Roger invited Ernest Bani, PVUDP Social and Environmental Consultant, to talk about the PVUDP especially the STP and how such a project would need the participation of the Etas community, especially for those who currently use a certain land area within the landfill for gardening. He stressed that the issue at hand is that of the PVMC and the Etas Community. Following a short brief by Ernest, Roger asked the people at the meeting to consider how best they should form the committee. One of their chiefs, (Samuel) stood up and thanked the Municipal representatives and the PVUDP staff for the meeting, acknowledging and pledging that community is ready to participate in activities that will improve both sanitation and health standards of the Etas Community. He also assured everyone present that they community will ensure that the committee is formed and the names of members will be submitted to the Clerk thereafter. Then Pastor Nehemiah Martin spoke in support of the contributions from other speakers, and adding that the STP and associated activities would contribute and provide opportunities for the Etas community in training, education and employment. It would benefit the people of Etas in many other ways, and it requires

8 This is my own way of understanding the topics presented and discussed at the meeting, as the PVMC has not produced one in

writing.

respect and transparent action on the part of everyone. His committee supports the project and he looks forward to closer cooperation between and amongst all key stakeholders. The meeting ended at around 11am and Roger invited the Pastor to close with a prayer, after which everyone shook hands with the project team and we headed back to Port Vila. People present at the Etas Community Meeting:

Name Island Province Occupation

1. Nouawline Samuel President Tafea Farmer

2. Toukou Joram Vice President Penama Farmer

3. Steven Stanley Secretary Sanma Farmer

4. Anna Combe Treasure Malampa Farmer

5. Judith Christopher Vice Treasurer Torba Farmer

6. Samuel Sakari Member Tafea Farmer

7. Rory Germairs Member Malampa Farmer

8. Alan Combe Member Malampa Farmer

9. Tom Alto Member Tafea Farmer

10. Philippe Voatin Member Sanma Farmer

11. Lucy Edmond Members Torba Farmer

12. Napuati Sam Settler Tafea Farmer

13. Roy Obed Settler Shefa Farmer

14. Emilie Ware Settler Penama Employed

15. Esitor Bule Settler Penama Self- employed & farmer

16. Louise Louise Settler Malampa Farmer

17. Tonny Lucy Settler “ Farmer

18. Lesbeth Nombo Settler “ Farmer

19. Kalran Kalo Settler Shefa Farmer

20. Jonah Kalo Settler “ Farmer

21. Edward Mage Settler Malampa Farmer

22. Joelyn Bong Settler “ Farmer

23. Nikiahi Napuati Settler Tafea Farmer

24. Sam Narua Settler “ Farmer

25. Hellen Andre Settler Malampa Farmer

26. Sam Henry Settler Torba Farmer

27. Nancy Settler Malampa Farmer

28. Anna Tapasei Settler Tafea Farmer

29. Flora John Settler Penama House girl and farmer

30. Leimawa Settler Shefa Farmer

31. Rebecca Morris Settler Malampa Farmer

32. Anthony Settler “ Farmer

33. Moti Tom Settler Shefa Farmer

34. Chief Lunamin Settler Tafea Farmer

35. Denny Bule Settler Penama Farmer

36. Francois Garae Settler “ Farmer

37. Noel Hiwa Settler Tafea Farmer

38. Napuati Nikalu Settler “ Farmer

39. James Garaebiti Settler Penama Farmer

40. Edmond Rosen Settler Malampa Farmer

41. Lata Taiwa Settler Tafea Farmer

42. Steven T. Stanley Settler Penama Farmer

43. Nepsi Obed Settler Tafea Farmer

44. Wakereth Alice Settler Sanma Farmer

45. Tugu Joram Settler Penama Farmer

46. James Vutori Settler “ Farmer

47. Mckenzie Anthony Settler Torba Farmer

48. Cherolyne James Settler “ Farmer

49. Camillo Rori Settler Malampa Farmer

50. Germaten Rori Settler “ Teacher

51. Allan Robert Settler Tafea Farmer

52. Willy Waren Settler Penama Farmer

Name Position Organisation

53. Ronald Sandy Town Clerk Port Vila Municipal Council

54. Roger Tari Environmental Health Officer Port Vila Municipal Council

55. Catherine Malosu Environmental and Resettlement Officer VPMU

56. Ernest Bani Deputy Team Leader and Environmental and Resettlement Specialist

PVUDP

57. Daisy Warsal Gender & Participation Specialist PVUDP

58. Hannington Alatoa Community Liaison Officer PVUDP

resettlement plan van: port vila urban development project...november 2015 van: port vila urban...

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