Social Safeguard Monitoring Report Resettlement Plan Updating and Livelihood Restoration Program Preparation Report of External Monitoring Agency September 2013 INO: Loan 2500-2501- Integrated Citarum Water Resources Management Program Project 1 Prepared by Project Coordination Management Unit, Balai Besar Wilayah Sungai Citarum, Ministry of Public Works for the Directorate General of Water Resources Ministry of Public Works Republic of Indonesia and the Asian Development Bank.
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Social Safeguard Monitoring Report Resettlement Plan Updating and Livelihood Restoration Program Preparation Report of External Monitoring Agency September 2013
INO: Loan 2500-2501- Integrated Citarum Water
Resources Management Program Project 1
Prepared by Project Coordination Management Unit, Balai Besar Wilayah Sungai Citarum,
Ministry of Public Works for the Directorate General of Water Resources Ministry of Public
Works Republic of Indonesia and the Asian Development Bank.
NOTES
(i) The fiscal year (FY) of the Government of Indonesia ends on 31 December. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011.
(ii) In this report, "$" refers to US dollars. This social safeguard monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Ministry of Public Works
Balai Besar Wilayah Sungai Citarum Indonesia
Program Management SupportIntegrated Citarum Water Resource Management Investment Program
REPORT ON RP UPDATING
AND LRP PREPARATION
External Monitoring Agency (EMA)
for Resettlement Plan Updating and Implementation
of West Tarum Canal Rehabilitation
December 2012
(Revised : September 2013)
Subcontract with In association with
External Monitoring Agency for Resettlement Plan Updating and Implementation
REPORT ON RP UPDATING AND LRP PREPARATION
i
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................. i
LIST OF FIGURES ........................................................................................ iv
LIST OF TABLES........................................................................................... v
ABBREVIATIONS ......................................................................................... vi
EXECUTIVE SUMMARY............................................................................. viii
External Monitoring Agency for Resettlement Plan Updating and Implementation
REPORT ON RP UPDATING AND LRP PREPARATION
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LIST OF ANNEXES
Annex A List and Short Description of Related Project DocumentsReviewed By EMA
Annex B Paper on Policy AnalysisAnnex C Minutes of Meetings Attended By EMAAnnex D1 Paper on Analysis of AHs DatabaseAnnex D2 Suplement of Paper on Analysis of AHs DatabaseAnnex F Sampling Plan and Sampling FrameAnnex H Paper on Gender Sensitivity AnalysisAnnex I Paper on Analysis of Socialization WTC RehabilitationAnnex J Questionnaire of SurveyAnnex K Paper on Resettlement In Community Development
Perspective
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LIST OF FIGURES
Figure 1.General steps of community development and indicator used forresettlement
Figure 2. Comprehensive methods utilized in monitoringFigure 3. Scheme for Resettlement Policy AnalysisFigure 4. Respondent by IncomeFigure 5. Respondent by ExpenditureFigure 6. Marital StatusFigure 7. Educational QualificationFigure 8. Respondent by OccupationFigure 9. Respondent by type of business they runFigure 10. Status of Land OwnershipFigure 11. Reason of Land UseFigure 12. Fields of InterestFigure 13. Loans of CapitalsFigure 14, Plan due to Rehabilitation of WTCFigure 15, Respondent’s Moving PlanFigure 16. What is the purpose of rehabilitation project?Figure 17. Sources of InformationFigure 18. Benefit of Rehabilitation ProjectFigure 19. Complaining Mechanism toward ProjectFigure 20. Perception toward complaing that be given to government.
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LIST OF TABLES
Table 1. Comparison Grievance Redress Mechanism between RP 2008 andRP Updating
Table 2. Respondent who know of mechanism for channeling complaints andgrievances
Table 3. Source of information on channeling mechanism of complaints andgrievance
Table 4. Perception of respondents on complaints and grievance mechanismTable 5. Respondents of the ProjectTable 6. Marital StatusTable 7. OccupationsTable 8. Survey sample by gender and kabupaten/kotaTable 9. Length of businessTable 10. Respondent by debt to their familyTable 11. LRP SchemeTable 12. Facility in the new locationTable 13. Supports for restoring business
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ABBREVIATIONS
ADB Asian Development Bank
AHs Affected Households
APs Affected Person
ARUM Aliansi Rakyat untuk Citarum (People’s Alliance forCitarum)
BAPPEDA Provincial/District Development Planning Agency
BAPPENNAS National Development Planning Agency
BBWSC Balai Besar Wilayah Sungai Citarum (Citarum River BasinOrganisation Unit)
CAP Correction Action Plan
CPMS Centre for Public Policy and Management Studies
COI Corridor of Impact
CRB Citarum River Basin
CSO Civil Society Organization
DED Detailed Engineering Design
DGSP Directorate General of Spacial Planning
DGWR Directorate General of Water Resources
DMS Detailed Measurement Survey
DWRI Directorate of Water Resources and Irrigation
DWRM Directorate of Water Resources Management
FAA Framework Financing Agreement
EA Executing Agency
EMA External Monitoring Agency
ETC East Tarum Canal
GOI Government of Indonesia
IA Implementing Agency
ICWRMIP Integrated Citarum Water Resources ManagementInvestment Program
IDR Indonesian Rupiah
IFC International Finance Corporation
IOL Inventory of Losses
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IRM Indonesia Resident Mission
LAC Land Acquisition Committee (Panitia Sembilan)
LRP Livelihood Restoration Program
MFF Multitranche Financing Facility
MOA Ministry of Agriculture
MOE Ministry of Environment
MOF Ministry of Finance
MOFr Ministry of Forestry
MOH Ministry of Health
MPW Ministry of Public Works
NGO Non Goverment Organization
NJOP Nilai Jual Objek Pajak (Tax Object Selling Price)
NSCWR National Steering Committee for Water Resources
PCMU Program Coordination and Management Unit
PFR Periodic Financing Request
PIB Project Information Booklet
PIU Project Implementation Unit
PIC Project Implementation Consultant
PJT 2 Perusahaan Umum Jasa Tirta 2 (WTC Operator)
PPTA Project Preparation Technical Assistance
RAR Review and Assessment Report
RCMU Roadmap Coordination and Management Unit
RCS Replacement Cost Study
RF Resettlement Framework
ROW Right of Way
RP Resettlement Plan
RWG Resettlement Working Group
SPF Special Project Facilitator
SES Social and Environmental Section
TOR Term of Reference
WTC West Tarum Canal
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EXECUTIVE SUMMARY
1. Resettlement; as commonly understood, is a term used to describe themovement of individual or group from one location to another. In contrast withurbanization or transmigration (in Indonesia) wherein refers to a voluntarymovement of people, resettlement refers to a process of moving people to adifferent place because they are no longer allowed to stay in the area wherethey used to live because of government development project.
2. ICWRMIP-Project-1, incorporate resettlement program as sub-component 2.1 that requires both physical works and relocation of people whoare living and working along the canal on land belonging to the government andwithin the easement boundaries of the canal. Their assets minus their land,including the buildings, crops and trees should and will be paid by the WTCproject.
3. EMA (External Monitoring Agency) is an independent entity thatspecializes in applied social sciences. It will be directly accountable to theDirector of the Executing Agency. EMA will have access to all the officesinvolved in the implementation of the subproject RPs and all projectdocumentation. Centre for Public Policy and Management Studies (CPMS) atResearch Institute and Extension Program (LPPM) of Parahyangan CatholicUniversity has sub-contracted by EGIS International to carry out the task.
4. Community Development approach is used by EMA both atmonitoring RP updating and LRP preparation as well as at monitoring itscompliance. In order to carry on its tasks, EMA employs the followingtechniques: literature review, documentary study, policy analysis, participatoryobservation, desk validation, and field survey.
5. Clear Resettlement Policy Framework, is necessary for both designand implementing resettlement project such as ICWRMIP. However, GOI hasno consistent legal and policy framework for resettlement program that alignedwith international practices. Therefore both RP 2008 and updated RP 2012enforced and adopted RF agreed by both GOI and ADB. It aims to fill-in thegaps in what local laws and regulations cannot provide in order to ensure thatAHs are able to rehabilitate themselves to at least their pre-project condition.
6. Recently the GOI has declare Law Number 2/2012 and its enablingPresidential Decree number 71/2012. The spirit of the new law is actually hasfilled the gap by regulating provision of legal documents for assets to becompensated. This decree provides mechanism for those with no legal rights toreceive compensation. Such mechanism is specifically stated at article 26,articles 21 and 23. The land owner may still forward a written statement that aland is his/hers and supported by two witnesses from the surrounding areawhere the land is located. The witnesses must be those who do not havekinship relation with the owner up to level two, vertically and horizotally.However, the law and its derivative Presidential Decree cannot be applied toICWRMIP, for it has not taken into effect yet.
7. Having overviewed RP 2008, it is concluded that RP 2008 is acornerstone document for WTC Rehabilitation, not only in terms ofadministrative formality but primarily its substance that provides almost all about
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basic operational framework and guideline for the implementation of giveninvoluntary resettlement. The overall substance of RP 2008 consists of ninecritical parts i.e. project background, legal and policy framework, projectobjectives and basic principles, the scope of expected impacts, projectentitlement and its implementation arrangement, description on AHs economicconditions, the issue of vulnerability, gender and ethnicity, consultation anddisclosure. This document should be understood adequately, primarily byproject holders as well as affected community.
8. The last part of RP 2008 is a necessary guidance on RP updating andits implementation. It is also supposedly in accordance with the final detailedengineering design and changes in the corridor of impact in close consultationwith the APs and concerned stakeholders.
9. Having carefully over view RP updating as well as LRP preparation,EMA has analyzed five selected issues relevant to the scope of workmentioned in its TOR, these are quality of AHs data, inclusion of APs who mayhave been evicted, the accuracy of final survey and asset valuation, the qualityand effectiveness of complaints and grievances mechanism, the inclusion ofgender perspective.
10. Analysis on AHs data resulted in some recommendations to improveAHs data quality. Some possible corrections have been made to AHs databaseaccordingly, and in general can be summarized into correcting five areas,which are (1) completeness, which is the extent data is not missing and is ofsufficient breadth and depth for the task at hand; (2) conciseness ofrepresentation, which is the extent data is compactly represented; (3)consistency of representation, which is the extent data is presented in the sameformat; (4) freedom-of-error, which is the extent data is correct and reliable; and(5) timeliness, which is the extent data is sufficiently up-to-date for the task athand.
11. EMA has also analyzed the inclusion of AHs through tracer. It isunderstood that since 2009 evictions to the people living along the canal,including the project affected households, were carried out by Bekasi District.The eviction is for enforcement of the local government regulations (buildingpermit, cleanness and orderliness, spatial planning) and improve their chancesof winning environmental awards. Although the evictions were not related to theproject, they had occurred on land upon which an ADB loan had beenapproved. To ensure ADB fulfilled its obligations and more than satisfied theintent of its safeguard policies, ADB determined that it was obliged to attempt totrace the people who had been evicted by the Local Governments. As resultsthe tracer survey identified total number of evicted AHs up to the new agreedcut off dates were 223 households out of 466.
12. Conceptually complaint and grievance handling mechanism depict agood democratic governance practices. It basically includes complaints andgrievances reception mechanism and complaints and grievances handlingmechanism. EMA compared complaint and grievance mechanism stated both inRP 2008 and Updated RP 2012 in three stages. There are changes reflectingstrong intention to make quality and more effective mechanism in the latestdocument by significantly reducing number of days provided to handlecomplaints and grievances. These changes are probably resulted from thepreviously well-known case reflecting wherein complains and grievances werenot satisfactorily handled.
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13. Survey conducted by EMA reveals with three interesting and yetimportant findings, these are, firstly, majority of respondents (73.21%) out of265 do not know about the mechanism for channeling complaints andgrievances related to the impact of WTC rehabilitation project. Secondly, 37respondents (74%) who are aware of information on channeling complaints andgrievances mechanism get information from local government officials. Only 13respondents (26%) get information from other sources includes 2 respondentsget information from surveyors and only 1 from NGOs. Finally, majority ofrespondents think that if there is a complain related to the project, then it waswell received and resolved in a good way. However, it is strongly indicated, thatthere is highly possible for misunderstanding between government and affectedcommunity with reference to asymmetric information acquired by both parties. Itis recommended by EMA, that government should build a good rapport andeffective communication with local community, elders and its leaders, includingKetua RT and RW at bridging community and government officials.
14. EMA also analyzed gender inclusion within three contexts, national,regional, and project context. In general, although at national and regionalcontext shows improvement across time, at project context need to be moresensitive. It reveals that although the resettlement is carried out on householdbasis, the corresponding effects affect persons differently either as an individualor a community. Gender is an important factor in determining differential impact.The dynamics inside the household will typically result in adversely affectedcondition for women and men. Some typical issues addressed in theresettlement gender sensitivity analysis are equality in access to compensationresulted from land ownership and property rights, equality in restoration oflivelihood and income, and women’s choice of livelihood alternative, intra-household gender disparity after resettlement.
15. EMA understand that socio-economic survey was aimed to obtaingeneral picture of socio-economic information of AHs. The information shouldbe considered as the input for designing the type of LRP that most suitable forAHs. Analysis was directed to reveal the logical relationship between patternsfound from socio-economic data of AHs and the LRP scheme.Recommencations were given accordingly to ensure the adequacy of LRP inmaintaining and improving the livelihood of affected households and people.Analysis on LRP preparation focuses on the extent to which the LRP attain theaforementioned objectives and the extent to which the LRP considers andaccomodates the relevant characteristics of AHs and APs found through thesocio-economic survey.
16. Also with reference to social-economic survey, most of respondentsare married, only 5 out of 235 respondents are single and 22 out of 87 of totalfemale respondent are widow. Women, therefore, are more vulnerable topoverty. Household led by women carry a “double day burden”, as a head ofhousehold, she has to handle domestic work and as well as the main earnersimultaneously. Women also suffer mobility constraint which possibly impactnegatively on their household income. It is also appears that most of respondentgraduated from elementary school. Government need to seriously consider ofhow to lift up education and job opportunities for AHs. This should beaccommodated in LRP scheme, not only in terms of shortsighted projectrestoration, but need to be integrated with the long term governmental publicservice accounts.
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17. Having reviewed socio-economic data, EMA recommends to improveLRP in two forms. Firstly, there should be initiatives or facilities to help AHs andespecially relocated AHs to establish their own businesses in their new sites.This initiative should also be able to restore and protect their income andlivelihood during their initial transient condition following the relocation.Secondly, the “facilitation” should not only focus on improving skill to restoreincome and livelihood, but, for improving its effectiveness, should be managedwithin a community development perspective. With this view, the programshould be conducted in 4 phases: (1) increasing the APs’ awareness of thesituation, (2) helping APs to recognize their strengths and potentials, (3)improving and nurturing the strength through trainings (which already beendesigned), and (4) protecting and institutionalizing the improved condition.
18. It is agreed, under ADB Resettlement Framework, the compensationthat given to both legal and illegal settlers considering opportunity cost.Compensation for structure, provision of transport, and provision of transitionsubsistence, should be given under no discriminative circumstances includingtheir social economic and legal status. It is strongly indicated from DED surveythat 70.02% of AHs will not move beyond the canal rehabilitation area,especially in Kabupaten Karawang and Kabupaten Bekasi. Therefore, efforts atraising awareness should be seriously and systematically conducted to reducemoral hazard for they granting luxurious rewards to their illegally occupy andexploit public goods and properties.
19. While conducting assessment EMA has opportunities to communicate,interact, and cooperate with different parties handling resettlement plan, bothformally and informally. As the late comer to the project, EMA especially isgrateful for notable support and assistance from PCMU. Thoroughcommunication and sincere cooperation with DED consultants and LPMEquator in the very first months of involvement, have given chances for EMA tolearn the project faster. Warm welcoming greetings from members of RWGs totheir meetings, and discussion with ADB professionals, make believe that theproject needs greater commitments from its stakeholders. Greater awarenesson project delay and un-proportional negative stigma on complaints andgrievance handling mechanism in the past should be transformed into apowerful energy accelerating successful collective actions.
20. Finally, it is expected by integrating community development approachto resettlement design and its implementation, the project would have not onlybuilding strong conviction on the needs of good project governance such asfirm legal instruments and its implementation tools, but also developingsensitivity and awareness of how resettlement can be regarded as not only amean to execute good project governance, but ultimately, the opportunity to:
• raise community awareness on the importance to regard public goodsand properties with virtue,
• empower community potentials to confidently make their own living,• develop capacity of both community as well as project holders to
conduct project in such a way that promote both community welfare ascommunity virtuous citizen, and
• protect community property rights as well as public goods andproperties.
1
1 INTRODUCTION
1.1 Background
21. Resettlement; as commonly understood, is a term used to describe themovement of individual or group from one location to another. In contrast withurbanization or transmigration (in Indonesia) wherein refers to a voluntarymovement of people, resettlement refers to a process of moving people to adifferent place because they are no longer allowed to stay in the area wherethey used to live because of government development project.
22. Affected community; is number of people who live in particular
geographical area that consists of individual persons (affected person or known in
this report as APs) and groups (affected households known as AHs). They are
defined as those who stand to lose, as a consequence of the project, all or part of
their physical and non-physical assets, including homes, communities, productive
lands, resources such as forests, range lands, fishing areas, or important cultural
sites, commercial properties, tenancy, income-earning opportunities, social and
cultural networks and activities.1 Such definition is also commonly shared by both
development practices and donors.
23. Literature review reveals with two different types of resettlement,these are voluntary and involuntary. The former results in voluntary resettleswho are generally consist of people who are self-selected, young, and willing topursue new opportunities. While the later results in involuntary resettles who arepeople of all ages, outlooks, and capabilities, many of whom have no option butto give up their assets (usually productive assets).
24. Physical displacement that is the actual physical relocation of peopleresulting in a loss of shelter, productive assets or access to productive assets(such as land, water, and forests) most of the time is unavoidable. Economicdisplacement as results from an action that interrupts or eliminates people’saccess to productive assets, is also unavoidable although sometimes withoutphysically relocating the people themselves.
2
25. Consequently, systematic careful steps need to be formulated andimplemented such as :
1. using thematic maps that identify such features as populationsettlements, infrastructure, soil composition, natural vegetation areas,water resources, and land use patterns;
2. conducting a census that enumerates the affected people and registersthem according to location;
3. providing an inventory of lost and affected assets at the household,enterprise, and community level;
4. conducting socioeconomic surveys and studies of all affected people(including seasonal migrant, and host populations), as necessary;
5. doing analysis of surveys and studies to establish compensationparameters, to design appropriate income restoration and sustainable
1 Asian Development Bank, Handbook on Resettlement : A Guide to Good Practice, Manila, 1998,
page 32 International Finance Corporation, Handbook for Preparing a Resettlement Action Plan,
Washington, 2002, page 5.
2
development initiatives, and to identify baseline monitoring indicators;and
6. opening consultation with affected populations regarding mitigation ofeffects and development opportunities.
3
26. The Government of Indonesia (GOI) currently hold Integrated CitarumWater Resources Management Investment Program (ICWRMIP), an AsianDevelopment Bank funded project, which is to be carried out by the DirectorateGeneral of Water Resources (DGWR) as Executing Agency. One of its sub-project is The Rehabilitation of the West Tarum Canal (WTC) aims to improvethe flow and quality of water that provides 80% of Jakarta’s surface waterneeds, in addition to supplying the water through three district KabupatenKarawang, Kabupaten Bekasi and Kota Bekasi. The project requires torehabilitate industrial establishments and about 52,800 ha of farmland.
27. ICWRMIP-Project-1, as discussed above, incorporate resettlementprogram as sub-component 2.1 that requires both physical works and relocationof people who are living and working along the canal on land belonging to thegovernment and within the easement boundaries of the canal. Their assetsminus their land, including the buildings, crops and trees should and will be paidby the WTC project.
28. As it is indicated in updated Resettlement Plan 2012 within ICWRMIP-Project-1, there are 1320 AHs to be resettled. ADB has requirements related toresettlement with the purpose of verifying that the project contributes to povertyreduction. In the sense that the project has to provide opportunities to marginalpeople, especially households directly adversely affected by the project(affected households – AHs) to maintain their living standards.
29. Since at the moment there is lack of consistent regulation inIndonesia for resettlement, GOI has to adopt the Resettlement Framework forICWRMIP in order to fill the gap that is caused by the lack of law and localregulation related to verification of AHs is able to rehabilitate them. This is partof the Resettlement Framework (RF) requirements as a result of agreementwith ADB and relevant to the Resettlement Plan (RP) of each projectsubcomponents of ICWRMIP that involves resettlement.
30. In the context of ICWRMIP-Project-1, Asian Development Bank (ADB)
strongly urges that the aim of resettlement is to ensure that people who are
physically or economically displaced as a result of a project should end up no
worse off- and preferably, better off- than they were before the project was
undertaken. Bank policy also designates involuntary resettles as requiring
assistance.4
31. The bank tries to avoid or minimize resettlement risk of thecommunity and people who are disadvantages by the process of resettlementdue to the worse effect of it. However, if resettlement is unavoidable, the Bankhelps restore the quality of life and livelihoods of those affected. There may alsobe opportunities to improve the quality of life, particularly for vulnerable groups.
3 Ibid., page 13.
4Asian Development Bank, op.cit., p.6
3
32. The Bank also assures that compensation gets by the affected personor household should be fair with the assets that they loss during the project. Theprice of the compensation that they get is decided by the bank, the bank willappraisal the assets and the best price known in the market will be given to there-settlers so it will be fair enough for the re-settlers. Bank argues that cash forland acquisition has never been a satisfactory mode of compensation if it is notpaid at replacement values. In many cases, land-based resettlement programs
work better than non-land options.5
33. Such policy is also shared by other international development agencylike International Finance Corporation (IFC). At different context and cases, IFCurges supported project to compensate affected people for loss of physicalassets, revenue, and income resulting from economic displacement or physicalrelocation whether these losses are temporary or permanent. If domestic lawdoes not already specify such a framework, the project sponsor shouldestablish transparent methods for the valuation of all assets affected by the
project.6
34. Given such background spoken about above, it is convinced, that inorder to conduct successful resettlement program at least there are four keycritical issues need to be rigorously addressed i.e. firm Resettlement Policy,accurate Resettlement Plan, thorough social-economic survey, and relevantCorrection Action Plan that includes Livelihood Restoration Program especiallyfor those who belong to vulnerable groups. This report, therefore, mainly willreview resettlement in ICWRMIP-Project 1 along those respected key issues.All other issue will also be discussed in connection with them.
1.2 External Monitoring Agency
35. Project Monitoring Scheme is set to guarantee that the RP for anysubcomponent is designed based on the overall RF and is implemented basedon the approved plan, monitoring of resettlement will be conducted via anumber of complementary mechanisms. Firstly, Sub-Component 8.2 of whichBappenas acts as its implementing agency conducts Independent Monitoringand Evaluation to the whole program at national level. Secondly, within WestTarum Canal Rehabilitation Program, monitoring and evaluation is internallyconducted by SES PMU. Finally, external monitoring is conducted by anindependent agency that is known as the External Monitoring Agency (EMA).
36. It is understood that the EMA is an independent entity that specializesin applied social sciences. It will be directly accountable to the Director of theExecuting Agency. The EMA will have access to all the offices involved in theimplementation of the subproject RPs and all project documentation. Centre forPublic Policy and Management Studies (CPMS), Research Institute andExtension Program (LPPM) of Parahyangan Catholic University has sub-contracted by EGIS International to carry out the task.
37. Main objectives of External Monitoring Agency as mentioned in itsterm of reference are to:
1. Verify results of internal monitoring;
5Ibid, p.6
6International Finance Corporation, op.cit , p. 6
4
2. Monitor whether the RP updating and CAP preparation are beingconducted in accordance with ADB and GOI procedures;
3. Assess whether resettlement objectives as stated in the RF, finalupdated RP and CAP have been met, especially, whetherlivelihoods and living standards have been restored;
4. Assess whether the corrective actions planned in the final updatedRP were adequate in helping APs to at least restore their previousliving standards;
5. Assess whether the AHs whose dwellings, assets and livelihoodsare affected by the Projects are no worse off, in terms of householdeconomy and welfare after RP implementation and after projectimplementation, Special attention needs to be given to thevulnerable groups and severely AHs. If they were found to be worseoff, analysis on the main cause need to be done and specificremedial actions need to be proposed;
6. Assess resettlement efficiency, effectiveness, impact andsustainability, drawing lessons as a guide to future resettlementpolicy making and planning; and
7. Ascertain whether the resettlement entitlements were appropriate tomeeting the objectives, and whether the objectives were suited tothe APs conditions.
38. During RP Updating and LRP preparation the EMA will monitor thefollowing;
1. Quality of baseline data collection.It is envisaged that independent baseline data and as needed,other socio-economic information on a sample of AP householdswill need to be collected in order to assess the reliability and validityof the RP survey data; In the absence of baseline socio economicdata, and given the difficulties related to check on the information toobtained from AP’s, a quality check methodology may bedeveloped including verification by neighbours and local villageleader.
2. Inclusion of AP’s who may have been evicted.Whether the RP updating activities including the inventory oflosses, identification of the AHs who were evicted by the BekasiDistrict, consultation meetings to the APs including the evicted APs,relocation preparation in line with the RF/ADB requirements.
3. The accuracy of final survey and asset valuation.4. The quality and effectiveness of the complaint and grievance
mechanism for the APs and other stakeholders during the RPupdating and its resolution
5. The inclusion of a gender perspective.Whether the survey data has been disaggregated by gender andthat the RP is inclusive of gender and the needs of vulnerablegroups. As well as monitoring the consultant should also.
6. Provide recommendations for improving the RP updating and CAPpreparation.
39. During RP Implementation the EMA will monitor and evaluate thefollowing:
1. Review the updated baseline data and gather additional socio-economic information, as necessary, on sample AP households;
2. Whether survey and assets valuation are accurate
5
3. Whether land acquisition, compensation and livelihood restorationhas been implemented in a satisfactory way in line with the projectresettlement policy/ADB requirements.
4. Whether land (if any), buildings and crops were adequatelycompensated
5. Whether resolution of complaints and grievances raised by the APshas been achieved and was useful to any aggrieved APs;
6. Whether the institutional arrangements including the RWG haveadequately managed resettlement works
7. Whether the AHs are better or worse off as a result of the lossessustained and compensation as well as assistance received.
8. Specifically identify and evaluate if any severely affected orvulnerable households were found to have become worse off
9. Provide clear quantitative and qualitative justification for the aboveassessments
10. The quality and effectiveness of the livelihood restorationassistance and corrective actions provided for the evicted AHs.
11. Whether the RP implementation has been inclusive of genderconcerns and issues and ADB policy
12. Lessons learned to be applied to the next projects, and13. Provide recommendations for improving resettlement
implementation in the future.
40. This report covers only result on monitoring During RP Updating andLRP preparation only as aforementioned earlier in paragraph above. The reportwill consist of six parts. Firstly, introduction (this part) which include projectbackground and job description of External Monitoring Agency (EMA).Secondly, methodology that incorporate community development approachesemployed by EMA, into general approach that is indicated in EMA’s Terms ofReference (TOR). Thirdly, overview on Resettlement Plan (RP) 2008 as agreedby both GOI and ADB. Fourthly, overview on the updated RP Updating andLivelihood Restoration Program (LRP) Preparation. Fifthly, analysis on selectedissues which include quality of baseline data, inclusion of Affected Person(APs), accuracy of final survey and asset valuation, the quality andeffectiveness of complaints and grievances mechanism, and the inclusion ofgender. Sixthly, overview on Livelihood Restoration Program. Seventhly, thereport will be closed with recommendations.
6
2 METHODOLOGY
2.1 General Approach
41. According to TOR monitoring methodology will consist of thefollowing:
a. Field visits to assess RP updating and CAP preparation includinginventory of the lost assets, public consultation meetings,preparation of relocation, and effectiveness of ResettlementWorking Group, it is done using participatory observation bothduring RP updating and LRP preparation as well as duringcompliance monitoring.
b. Random review of payment vouchers and other forms ofcompensation to ensure full compliance with the requirements ofthe RF. This review will assess a representative sample of all theAPs.
c. Random site visits, where asset acquisition processes are takingplace, to ascertain that compensation has been duly paid prior tothe commencement of civil works. This activity will cover at least20% of the APs, and 20% of APs identified as vulnerable group. Forthis purpose, the EMA will check the following:(i) results of the detailed measurement survey or inventory of
affected assets;(ii) valuation of affected assets based on replacement cost; and(iii) compensation is paid prior to initiation of civil works.
d. Special market study to validate whether the unit costs used incompensating fixed assets are at current market prices orreplacement costs.
e. Periodic field visits to ascertain that affected people are adequatelyinformed of project objectives, impacts, compensation policy andentitlements through an effective public information campaign. Thisactivity will cover at least 20% of all the APs.
f. Periodic field visits to assess if grievance procedures areadequately explained to the affected people and implemented. Thisactivity will cover at least 30% of all the APs in the project.
g. For the evaluation study, the methodology will be based mainly oncomparison of the socio-economic status of severely APs followingdisplacement and their socio-economic prior to displacement. Forthis purpose, a follow-up socio-economic survey will be conductedby the EMA to find out the living standards of severely affected APsnine months to one year following completion of RPimplementation.
42. Data gathering will be carried out through a combination, asappropriate, of the following techniques:
(i) questionnaires, to be personally administered;(ii) purposive interviews of AP households;(iii) focus group discussions and village meetings; and(iv) meeting with project staff.
43. Soduring RPcompliancetwo monito
2.2 C
44. In developmcommunityprocess w
and genera 7
45. Coa small groof the scopterm endeinto the bbenefit to practice.
46. Thof life. Efferesponsibibetween sinterests wi
47. Costeps; raisand develothe four spboth RP uupdated Ranalyzed a
43. Some method have been spoken about above haRP updating and LRP preparation, the other wi
ce monitoring, and some will be continuously caritoring periods.
Community Development Approach
44. In addition to the general approach, EMA is alsment approach which is "...the planned evolutiity well-being (economic, social, environmental a
whereby community members come together to t
erate solutions to common problems." 7
45. Community development scope can vary from sgroup, to large initiatives that involve the whole comope of the activity, effective community developme
deavour, well planned, inclusive and equitable, ho bigger picture, initiated and supported by comto the community, and grounded in experience.
46. The primary outcome of community developmenffective community development results in mutua
ibility among community members and recogni social, cultural, environmental and economic ma within a community; and its relationship to building
47. Community Development process should at leasise community awareness, community empowermelopment and protection of the outcomes. Figure 1 spoken steps and key indicators used in monito updating and LRP preparation as well as in th RP and LRP. Therefore, monitoring result will
along community development principles above.
1 General steps of community development andent
k and Anne Smith. 1999. The Community Development Hay Capacity. Labor Market Learning and Development Unt Canada (HRDC). p.6.
43. have been carried outwill be applied duringarried out during those
ch
44. lso using communityution of all aspects ofl and cultural). It is ao take collective action
7
45. small initiatives withinommunity. Regardless
ment should be a long-holistic and integratedmmunity members, ofce that leads to best
46. ent is improved qualityual benefit and sharednizes the connectionatters, the diversity of
ng capacity.
47. ast involves four basicment, capacity building
1 below, summarisesitoring activities duringthe implementation of
will be interpreted and.
and indicator used for
Handbook A Tool To Build Unit, Human Resources
DEVELOPMENT
Ⅻ Protection on landand state assets fordesignated publicfunctions
Ⅻ Protection forcommunitylivelihood
PROTECTION
8
2.3 Monitoring Method
48. Having discussed about both general approach and methodologiesassigned by TOR and applying community development approach as well asconsidering the progress of project activities in field; EMA decides to conductmonitoring activities of RP updating and LRP preparation using the followingtechniques: literature review, documentary study, policy analysis, participatoryobservation, desk validation, field survey.
2.3.1 Literature Review
49. Extensive literature review has been done since the beginning ofsubcontract period in March 2012 to date. The study mainly focused on theconceptual definitions, theoretical framework of resettlement, as well asresettlement practices elsewhere. Result of literature review on resettlementand other issues such as community development and policy review can befound in various annexed working papers.
2.3.2 Documentary Study
50. Documentary study has also been conducted by EMA since mid ofJanuary 2012 at the time of proposal preparation. Various related projectdocuments critically reviewed and internally discussed both as material forregular team meeting as well as supplemental graduate teaching materials. Listof project documents reviewed by EMA is listed in ANNEX A.
2.3.3 Policy Analysis
51. Policy analysis was done by EMA basically in order to clearlyunderstand resettlement framework as an integrated part of loan agreementwith reference to general policy framework both of ADB and GOI. Paper onpolicy analysis is attached in ANNEX B
2.3.4 Part ic ipatory Observat ion
52. EMA team members actively participate in various meeting of projectstakeholders and regularly make systematic contacts both with projectstakeholder as well as with randomly chosen AHs. Such activities wereconducted primarily in order to follow the progress of the project and tounderstand current issues as well as to provide informal inputs. Minutes ofofficial meetings in which EMA attends and provides inputs is attached inANNEX C.
2.3.5 Desk Validat ion
53. Desk validation on RP updating process and result was conducted byEMA. Various descriptive statistical exercises as well as correlations were run
to assess correction
2.3.6
54. FieWednesdawell trainepercent (20used to dewas attach
55. CoChecklist documentagender semethods uFigure 2 b
Figure 2. Co
56. It resettlemeresettlemebut also th
• raian
• em
• decoco
• propro
Field Survey
s the quality of baseline data. Report on the qualitn is attached as ANNEX D.
Field Survey
54. Field survey to verify content validity of updated RPday 31 October and Thursday 1 November 2012ned surveyors and 6 lectures get involved in th(20%) of respondents was chosen from 1320 AHs, determine the precise position of selected respondeched in ANNEX F.
55. Combination among all methods is also used wht Resettlement, for instance, is filled usingntary study, participatory observation as well asensitivity analysis is attached in ANNEX H, wh utilized in this monitoring stage can be illustrabelow.
. Comprehensive methods utilized in monitoring
56. It is expected by integrating community develoent design the project would have sensitivity anent can be regarded as not only to execute good
the opportunity to:raise community awareness on the importance to reand properties with virtue,empower community potentials to confidently makedevelop capacity of both community as well as projconduct project in such a way that promote both cocommunity virtuous citizenprotect community property rights as well as public properties.
LiteratureReview
DocumentaryStudy
PolicyAnalisis
ParticipatoryObservation
DeskValidation
Field Survey
9
lity of AHs data and its
54. RP was conducted on2 wherein 15 pairs of
the activities. TwentyHs, GPS instrument was
dents. Sampling frame
55. when possible. Gendering literature review,as survey. Paper onwhile comprehensive
trated in the following
56. elopment approach tond awareness of how
od project governance,
regard public goods
ke their own living,oject holders tocommunity welfare as
lic goods and
10
57. In addition community approach to resettlement is also expected tobuild strong conviction on the needs of good quality technical instrumentaltools and procedures such as firmed and enforceable legal instruments,accurate data and information, good project governance both in terms ofprocess and outcomes.
11
3 RESETTLEMENT PLAN 2008
3.1 Introduct ion
58. RP 2008 is a cornerstone document for WTC Rehabilitation, not onlyin terms of administrative formality but primarily its substance that providesalmost all about basic operational framework and guideline for theimplementation of given involuntary resettlement. This chapter providesoverview on RP 2008 as contextual background to the whole analysis.
59. As it is understood the overall substance of RP 2008 consists of ninecritical parts i.e. project background, legal and policy framework, projectobjectives and basic principles, the scope of expected impacts, projectentitlement and its implementation arrangement, description on AHs economicconditions, the issue of vulnerability, gender and ethnicity, consultation anddisclosure. The last part of RP 2008 is a necessary guidance on RP updatingand its implementation. The following paragraphs provide general overview onRP 2008. Its structure follows along the structural line of the original document.
3.2 Background of RP 2008
60. It is stated in its Project Background of RP 2008 that rehabilitation ofthe West Tarum Canal is a sub-Project of the proposed Integrated CitarumWater Resources Management Investment Program (ICWRMIP) to be carriedout by the Directorate General of Water Resources (DGWR) as its ExecutingAgency. The project is a 15 years plan and will be implemented in tranchesusing ADB’s Multitranche Financing Facility (MFF). It is planned that the projectcover the entire Citarum River Basin that covers a total of 10 regencies and 6municipalities in the province of West Java. The rehabilitation of West TarumCanal (WTC), among other components, has been proposed for inclusion inTranche 1 as a result of workshops series among various stakeholders inAugust and October 2006.
61. Project coverage area includes 54.2 km out of is 68.3 km long of WestTarum Canal will be rehabilitated. The rehabilitation of the remaining 14.3 kmbetween Bekasi River and the Ciliwung River will be handled by thePerusahaan Umum Jasa Tirta II (PJTII), the state enterprise in charge of theoperation and management of the WTC; this section is a fenced area in whichthere will be no affected people or resettlement effects. WTC has a 100 m right-of-way (ROW), measured at 50 m either side from the center of the canal. Themain objective of the rehabilitation of the WTC is to improve the flow and qualityof water that provides 80% of Jakarta’s surface water needs, in addition tosupplying the water requirements of industrial establishments and about 52,800ha of farmland. The WTC runs through three district Kabupaten Karawang,Kabupaten Bekasi and Kota Bekasi.
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3.3 Policy and Legal Framew ork of RP 2008
3.3.1 GOI Regulat ions Framew ork on
Resett lement
62. Recently GOI have passed Law (UU) Number 2/2012 on procurementof land for development and for public interest and its derivative instrumentPresidential Decree number 71/2012 on procurement of land for developmentand public interests. These could be the most relevant to WTC involuntaryresettlement program, since these legal instruments have accommodated alllegal basis needed to conduct resettlement program aligned with internationalpractices.
63. The spirit of the latest Presidential Decree Number 71/2012 isbasically the same i.e. provision of legal documents for assets to becompensated. However, this decree provides mechanism for those with no legalrights to receive compensation. Such mechanism is specifically stated at article26 which says “ In case there is no proof of legal ownership of land as stated inarticles 21 and 23, the land owner may still forward a written statement that aland is his/hers and supported by two witnesses from the surrounding areawhere the land is located. The witnesses must be those who do not havekinship relation with the owner up to level two, vertically and horizontally.However, the respective law and its derivative Presidential Decree cannot beapplied to ICWRMIP for it has not taken into effect yet.
64. Given such aforementioned regulatory context, as it is acknowledge inRP 2008, the most relevant previous regulatory instrument to involuntaryresettlement is Presidential Decree No. 36/2005 as amended by PresidentialDecree No. 65/2006, regarding “On Land Acquisition for Development Purposesin the Public Interest”, and BPN Regulation No. 3/2007 on Land AcquisitionImplementation Guideline of Presidential Decrees No. 36/2005 and 65/2006.
65. Presidential Decree No. 36/2005 and Presidential Decree No.65/2006 provide various forms of compensation for private assets needed topursue Government development projects. Both Presidential Decree No.65/2006 and Presidential Decree No. 36/2005 develop provisions of the earlierPresidential Decree No. 55/1993 that essentially lays down the rules on howGovernment could exercise the State’s inherent power of eminent domain.Private properties could be acquired to pave the way for development projectsthat serve the public interest.
66. There are some related regulations at regional or provincial level,among others these can be identified:
• West Java Province Regulation No 9 Years 2008• West Java Province Regulation No 24 Years 2010• West Java Province Regulation No 2 Years 2009• West Java Province Regulation No 25 Years 2010• West Java Province Regulation No 9 Year 2010• West Java Province Regulation No 7 Years 2010• West Java Province Regulation No 22 Years 2010
13
67. These regulations do not directly relate to resettlement. They areabout development planning, cooperation among regions, conflict resolutionsamong regions, spatial plan and infrastructure. They serve contextualframeworks on resettlement at regions where the resettlement takes place.
68. Basic Principles summarized from the existing GOI policy frameworkare as follow:
• Procurement of land for development for the public interest is possiblethrough dis-charge (pelepasan) and cession (penyerahan) of landrights. This may take form of sale, purchase and swap.
• The discharge and cession of land rights should be conductedvoluntarily.
• Compensation may take form of cash, land replacement, resettlement,combination of all of them and other possible form as agreed by relatedparties.
• Compensation are given based on the principle of legal and formal suchas provision of legal documents for assets which are compensated.
69. Unfortunately, the respective laws and their enabling decrees, havebeen designed primarily for the purpose of acquiring in the most expeditiousway properties needed for the right-of-way (ROW) of government projects. Theywere not intended to address the social consequences of the exercise of powerby the State which referred, at this point, to involuntary resettlement.
70. Given such legal framework of GOI, therefore RP 2008 ofresettlement subproject has been enforced an adopted that aims to fill-in thegaps in what local laws and regulations cannot provide in order to ensure thatAHs are able to rehabilitate themselves to at least their pre-project condition.The following paragraphs analyze adopted resettlement framework withreference to that of ADB’s.
3.3.2 Adopted Resett lement Framew ork
71. Basic principles of ADB’s frameworks based on ADB’s Handbook ofResettlement can be summarized as follow:
• Involuntary resettlement should be avoided or minimized.• AP’s shall be provided with compensation and rehabilitation.• Lack of legal rights to assets will not bar the AP’s from compensation
and rehabilitation.• Replacement of affected assets shall be provided at their current
market values and without depreciation.• Resettlement plans shall be carried out with participation and
consultation with APs.• Schedule of budget for Resettlement Plan and implementation must be
incorporated into the overall project.• Payment of compensation must be completed prior to the award of
work contract.• Rehabilitation measure must also be in place but not necessarily
completed prior to the award of work contract.• Compensation and rehabilitation assistance for ethnic minorities and
socially disadvantaged such as women headed households, thedisabled and elderly will be carried out with respect for their specialneeds.
72. Thwhere ADBcountries, of policiesresettlemein Indonesto APs sucand poor d
72. These basic principles apply to resettlement prograDB’s projects apply such as China, India, and B
s, as is the case of Indonesia, problems usually occes, in particular the compensation’s distribution.ent programs in developing countries (China, Ind
esia problems often occur on technicalities of paymuch as the amount of compensation, who should br data of APs.
73. As for compensation, problems usually occu the government and APs on the amount of thek for a larger amount of compensation than thoent. Prolong disagreement leads to postponemn of other related programs. On the APs action, some turn into conflict.
74. As for rehabilitation/restoration program of APs’plemented as it should be which leads to impoveriss the spirit of the policies. In brief, similarities, diffe implementation between ADB and GoI are visua
Scheme for Resettlement Policy Analysis
Project Object ives and Polic ies
RP 2008
75. Project objectives, as mentioned earlier paragrapia will use the Project Resettlement Policy (the PIP specifically because existing national laws and signed to address involuntary resettlement accor
, including ADB’s policy.
14
72. gram in any countriesBangladesh. In these
ccur at implementationn. As is the case ofndia, Bangladesh etc),yment of compensation be paid for how much,
73. cur on disagreementhe compensation. APsthose allocated by thement of payment and part, this leads to
74. s’ livelihood, not all ofrishment of APs whichferences and problemsualized in the following
s According to
75. aph the Government of Project Policy) for thed regulations have notording to international
15
76. One key policy objective of the RP is to replace and compensate lostassets based on the principle of replacement cost that should be in line withlocal government regulations, if available. Replacement cost is the amountcalculated before displacement that is needed to replace affected assets.
77. Additional socioeconomic support will be provided to AHs dependingon the type and severity of their losses consistent with the intention of helping tomitigate Project impacts and to restore livelihood and living standards. WhereGovernment assistance is not sufficient to replace lost land or other assets, theProject will provide additional special program under the livelihood restorationprogram support to raise the entitlement up to replacement cost.
78. The Project will provide “transitional subsistence assistance” tohouseholds displaced from their sources of productive income or from housingduring the transition period until they can re-establish productive income,businesses or houses at new locations. The subsistence assistance andtransportation allowance are in form program of LRP The Project will alsoprovide support to displaced AHs to transport their personal possessions andnew and used building materials, that is, “transportation allowance”.
79. The details of these additional socio-economic support allowances areprovided in the Entitlement Matrix.
80. Households that are physically displaced and or affected by loss of 10%or more of their productive assets, or who are vulnerable, will also be entitled toparticipate in a livelihood restoration program. The livelihood restorationprogram (LRP) may be made available to poor households and/or individualsliving in the villages along WTC and also those relocated under the KabupatenBekasi WTC roads program.
81. The Government of Indonesia will use the Project ResettlementPolicy (the Project Policy) for the ICWRMIP specifically because existingnational laws and regulations have not been designed to address involuntaryresettlement according to international practice, including ADB’s policy. TheProject Policy is aimed at filling-in any gaps in what local laws and regulationscannot provide in order to help ensure that Ahs are able to rehabilitatethemselves to at least their pre-project condition.
82. The principles of the Project Policy and the entitlements of the AHsare based on the type and degree of their losses. Where there are gapsbetween the Indonesian legal framework for resettlement and ADB’s Policy onInvoluntary Resettlement, practicable mutually agreeable approaches will bedesigned consistent with Government practices and ADB’s Policy.
83. The core principle of the Project Policy is anchored on the philosophythat Government development projects must serve the public good and that, inthe design and implementation of such projects, all efforts will be exerted tohelp ensure that Ahs are not worse off. Moreover, the ICWRMIP should providean opportunity for the local population to derive benefits from it. Likewise, theICWRMIP should serve as an occasion for the local population to participate inits planning and implementation, thereby engendering a sense of ownershipover the Project, subprojects and other components.
16
3.4 Scope of Resett lement Impact According to
RP 2008
84. The first component of resettlement impact according to RP 2008 isthe Scope of Land Acquisition and Resettlement Impacts. The updatedInventory of Losses (IOL) undertaken by the TA Consultants1 in May 2008,calculated that a total of 892 entitled parties (EPs), which consist of 872affected households or AHs and 20 government agencies, will lose the use ofapproximately 46 has of land that will be cleared of structures and vegetation.
85. It was identified that none of the occupants of affected land have anylegal claim over the affected property within the established and acquired right-of-way (ROW) of WTC. The impacts on AHs are summarized as follows:
• marginal impacts due to permanent use of paddy land, 209 farmers• temporary loss of paddy/productive land in ex-river beds, 150 AHs• relocation of AHs who have other land to move to, 49 AHs (house, 8
AHs; house cum-shops, 1 AH; and shops, 40 AHs)• relocation of AHs who have no other land, 466 AHs (house, 109 AHs;
house cum-shops, 17 AHs, and shops, 338 AHs)• loss of income as canal boat operators, 9 AHs• impacts on poor and vulnerable AHs, 589 AHs• loss of 542 main structures, crops and trees
86. It was also determined that the land in ex-river beds may be re-usedafter about a year following the dumping of silt and earth on the site after thespoil has been assessed for any contamination and certified as safe for use.
3.5 Project Entit lements and Implementat ion
Arrangements According RP 2008
87. Project Entitlements; one of key policy objectives of the RP 2008 is toreplace and compensate lost assets based on the principle of replacement costthat should be in line with local government regulations, if available.Replacement cost is the amount calculated before displacement that is neededto replace affected assets.
88. Additional socioeconomic support will be provided to AHs dependingon the type and severity of their losses consistent with the intention of helping tomitigate Project impacts and to restore livelihood and living standards. WhereGovernment assistance is not sufficient to replace lost land or other assets, theProject will provide additional special program under the livelihood restorationprogram support to raise the entitlement up to replacement cost.
89. The Project will provide “transitional subsistence assistance” tohouseholds displaced from their sources of productive income or from housingduring the transition period until they can re-establish productive income,businesses or houses at new locations.
90. The subsistence assistance and transportation allowance are in formprogram of LRP. The Project will also provide support to displaced AHs to
17
transport their personal possessions and new and used building materials, thatis, “transportation allowance”.
91. The details of these additional socio-economic support allowances areprovided in the Entitlement Matrix. Households that are physically displacedand or affected by loss of 10% or more of their productive assets, or who arevulnerable, will also be entitled to participate in a livelihood restoration program.
92. The livelihood restoration program (LRP) may be made available topoor households and/or individuals living in the villages along WTC and alsothose relocated under the Kabupaten Bekasi WTC roads program.
93. Implementation Arrangements; the Directorate General of WaterResources is the Executing Agency and will have overall responsibility forensuring satisfactory planning and implementation of the Project.
94. The implementing agencies, Balai Besar Project Implementation Unit(PIU) and the District Resettlement Working Group (RWG) will be responsible inthe planning, updating and implementation of the RP.
95. The PIU will have qualified resettlement/social development staff whowill represent PIU in the RWG.
96. The Kabupaten/Kota, through the office of the Bupati (Regent) orWalikota (Mayor) will provide the main workforce by organizing the RWG,issuing decrees and approving disbursing funds.
97. It is also agreed that the entitlement implementation arrangementsbased on both the entitlement matrix and existing local government regulations,are described below:
a. APs within the Karawang district and Bekasi City will be entitled toreplacement cost as described in the entitlement matrix andcalculated based local regulations where available.
b. APs within the Bekasi District will be entitled to compensation usingthe “uang kerohiman” scheme as stipulated in the existing localgovernment regulation “Keputusan Bupati Bekasi Nomor300/Kep.71-POD. I/2007” or any updated local governmentregulation.
c. Any gaps in the Bekasi district regulation on providing compensationwill be fulfilling the form of a special program under the LRP.
d. All kind of allowance defined in the entitlement matrix will beprovided in the form the LRP (community empowerment program).
e. Monitoring and evaluation of the resettlement activities should referto the implementation approach defined in the above points (a), (b),(c) and (d).
98. The Project Implementation Consultants (PIC) will guide and assist thePIU and RWG in RP implementation. The PIC will also engage localorganization/NGO to design and implement relocation and livelihood relocationactivities and monitor livelihood restoration.
99. Monitoring. The PIU and RWG will be responsible for internalmonitoring of resettlement activities. Progress reports will be submitted to ADBon a quarterly basis.
18
100. An external monitoring and evaluation agency (EMA) will be engaged 1month following the start of RP updating. The EMA will be required to submit aninception report one month following its mobilization and quarterly reports onthe progress of RP updating and implementation and make necessaryrecommendations to address issues that will be identified.
101. The EMA will likewise conduct a Post-Resettlement ImplementationEvaluation Study.
102. RP Cost Estimates. The estimated cost of resettlement for therehabilitation of WTC USD 1.87 million, which includes payment for non-landassets, allowances, relocation and livelihood restoration programs, andcontingencies. It should be noted that these are estimates only and will beupdated during RP Updating.
103. Implementation Schedule. During the process of completion ofdetailed design, RP updating will commence. Subsequent resettlement activitieswill be coordinated with the schedule of civil works. Land acquisition andrelocation of affected households cannot commence until the updated RP hasbeen reviewed and approved by ADB.
104. The PIU will carry out its best efforts to minimize the resettlementtransition period. Acquisition of assets, payment of compensation, and theresettlement and the start of the livelihood rehabilitation activities of AHs, will becompleted prior to any construction activities taking place in a designatedconstructions works zone (CWZ).
3.6 Socioeconomic Condit ions of AHs
105. Socioeconomic condition of AHs is critical information for bothupdating RP and developing LRP. Its methodology, therefore, is critical toproduce accurate social economic data. The impact survey involved theconduct of inventory of losses (IOL) where all fixed assets (i.e., lands used forresidence, commerce, agriculture; dwelling units; stalls and shops;miscellaneous structures, such as toilets; trees with commercial value; etc.)located inside the corridor of impact (COI) are identified, tagged, measured,their owners identified, their exact location pinpointed, and their replacementvalues calculated.
106. There were two sets of data gathering instruments. The first setdeveloped in 2006 and the second 2008. The basic instrument used inconducting of the impact survey was a questionnaire, translated into BahasaIndonesia. The survey team is composed of local government authorities andTA Consultants. Other than consultants (i.e., social safeguards specialists), ateam of fourteen local research assistants that included field coordinators,enumerators, computer data encoders, statistician, and replacement cost(market rates) researchers was organized to help prepare the RP. Except forthe statisticians and the replacement cost researchers, the rest of the localresearch assistants were based in the field.
107. Project Affected Persons. There are a total of 892 entitled parties(EPs) as per survey. Of these, 872 are households (AHs) and will lose part orthe entire area of the land they presently use or occupy while 20 aregovernment-owned properties.
19
108. Projected Affected Households. Total Number of AffectedHouseholds, Current Use of Affected State Land, Permanent and TemporaryImpacts on State Land, Impacts on Main Houses and Shops, Impacts onSecondary Structures, Impacts on Crops and Trees.
109. Affected Canal Boat Crossing Operators; There are 9 operators ofcanal crossing rigs, and their business will definitely stop with the rehabilitationof the WTC and the construction of foot bridges where these boat operators arelocated.
110. Impacts on Poor and Vulnerable Households; RP Updating of the total872 AHs, 589 AHs have been found to fall into one or more. They face theprospect of not having the same opportunity as the other AHs would in derivingbenefit from the Project. They in fact risk further marginalization unlessadditional support is extended to them. There are 91 women headedhouseholds, 58 households headed by the elderly, 440 households falling belowthe poverty line. 464 of the 589 vulnerable AH which falls under the threecategories are landless.
3.7 Vulnerability, Gender and Ethnicity Issues in
RP 2008
111. Vulnerability, gender and ethnicity issues are appearing as criticalissues to address in RP 2008. Therefore, participation, grievance redress anddisclosure are considerably important. Prior to the commencement of the IOL inSeptember and October 2006 and again in April and May 2007 and May 2008as part of follow-up activities on data gathering in connection with thepreparation of the RP, public meetings and consultations with local officials,residents, and AHs were held in villages traversed by the WTC.
112. Consultation-meetings with AHs and local officials will continue duringRP updating and implementation and will follow the Project’s participatoryapproach. A public information booklet (PIB) in the local language will bedistributed to the affected households and posted in commune offices (villageand sub-district) before the ADB’s Appraisal Mission. A copy of the RP in thelocal language will be placed in PIU and district offices.
113. A grievance mechanism has been designed to ensure that affectedhouseholds’ concerns and complaints are addressed and resolved in a timelyand satisfactory manner. The Project authority will continue to make affectedhouseholds fully aware of their rights through verbal and written means duringconsultation, survey, and at the time of compensation.
3.8 Consultat ion and Disclosure According to
RP 2008
114. Disclosure of RP and Social Monitoring Reports; according to RP2008 the key information in the draft RP will be disclosed to the affectedhouseholds before submission to ADB for review and approval. The draft of RPwill be uploaded on the ADB website before appraisal. Following approval of the
20
draft RP by the DGWR and ADB, the final RP will again be disclosed to theaffected households and uploaded on ADB website.
115. The updated RP (draft and approved) to be prepared during thedetailed design stage will likewise be disclosed to the affected households anduploaded on ADB website. Social monitoring reports will be made available tothe affected households and will be submitted to ADB for web posting.
116. Having discussed RP 2008 as the contextual framework of analysis, thenext chapter (Chapter 4) will provide the overview on RP Updating and LRPpreparation.
21
4 RP UPDATING AND LRP PREPARATION
4.1 Introduction: Scope of RP Updating
117. As the actual execution of resettlement need to be as accurately andmeticulously implemented as possible, RP 2008 needs to be updated due toits accuracy and current. This chapter deals with question, whether RP updatingmet the expectation.
118. In the closing part of RP 2008, it is mentioned that the scope of RPupdating should include the following items:
1. Implementation Arrangements2. Detailed Design and Detailed Measurement Survey3. Relocation of Households and Shop Owners4. Livelihood Restoration Program5. Community Rural Water Supply and Sanitation6. Special Measures for Affected Vulnerable Households and Madura
Migrants7. Gender Strategy8. Grievance Redress Mechanism9. Internal Monitoring10. External Monitoring11. RP Cost Estimates and Finalization of RP Budget During RP
Updating12. Consultation and Disclosure of Updated RP13. Implementation Schedule
119. EMA reviewed the final report of RP produced by DGWR thatsupposedly in accordance with the final detailed engineering design andchanges in the corridor of impact in close consultation with the APs andconcerned stakeholders. It is also expected that the final updated RP will reflectthe final identification of APs/AHs, actual impacts and correspondingentitlements, relocation facilitation, livelihood restoration program (LRP),institutional arrangement, monitoring system, and resettlement budget andschedule. During finalization of the updated RP, a detailed measurement survey(DMS) has been undertaken to determine the actual impacts on land and assetsas well as economic income and livelihood of each household.
120. It is clearly indicated in the final draft of RP, that serious efforts tominimize the resettlement impact should include the followings:
1. application of a working zone system so that the canal rehabilitationconstruction will not significantly disrupt to the traffic jam andeconomic or business activities along the canal;
2. ii) the construction activities will be maximized during the driedsession to avoid potential impacts of flooding.
3. iii) The rehabilitation of the inspection road will be limited to theexisting road ROW and therefore it will not trigger resettlement.
4. iv) The dredged sediment are to be properly dehydrated andaerated (to remove the smell) in temporary stockpile yards beforethey are transported to the spoil bank yards.
121. Following are the key principles in the Bank’s policy on involuntaryresettlement that has been agreed and should be followed:
22
1. Involuntary resettlement should be avoided where feasible;
2. Where population displacement is unavoidable, it should beminimized by exploring all viable project options;
3. All compensation is based on the principle of replacement cost;
4. Each involuntary resettlement is conceived and executed as part ofa development project or program;
5. Affected people should be fully informed and consulted oncompensation and/or resettlement options;
6. Institutions of the affected people, and, where relevant, of theirhosts, are to be protected and supported. Affected people are to beassisted to integrate economically and socially into hostcommunities so that adverse impacts on the host communities areminimized and social harmony is promoted;
7. The absence of a formal legal title to land is not a bar to ADB policyentitlements;
8. Affected people are to be identified and recorded as early aspossible in order to establish their eligibility through a populationrecord or census that serves as an eligibility cut-off date, preferablyat the project identification stage, to prevent a subsequent influx ofencroachers of others who wish to take advance of such benefits;
9. Particular attention must be paid to the needs of the poorestaffected households and other vulnerable groups that may be athigh risk of impoverishment. This may include affected householdswithout legal title to land or other assets, households headed bywomen, the elderly or disabled, and ethnic minority peoples.Appropriate assistance must be provided to help them improve theirsocio-economic status;
10. The full costs of resettlement and compensation should be includedin the presentation of project costs and benefits; and
11. Relocation and rehabilitation may be considered for inclusion inADB loan financing for the project, if requested, to assure timelyavailability of the required resources and ensure compliance withinvoluntary resettlement procedures during implementation.
122. Having reviewed the final draft of updated RP, EMA will focus mainly on
monitoring five areas corresponding to its TOR and have been discussed in the
earlier parts of this report. These five mentioned areas are as the following:1. Quality of baseline data collection; it is envisaged that
independent baseline data and as needed, other socio-economicinformation on a sample of AHs will need to be collected in order toassess the reliability and validity of the RP survey data; In theabsence of baseline socio economic data, and given the difficultiesrelated to check on the information to obtained from AP’s, a qualitycheck methodology may be developed including verification byneighbors and local village leader.
2. Inclusion of AP’s who may have been evicted; it is necessary toassess whether the RP updating activities includes the inventory oflosses, identification of the AHs who were evicted by the BekasiDistrict, consultation meetings to the APs including the evicted APs,relocation preparation in line with the RF/ADB requirements.
3. The accuracy of final survey and asset valuation; it is critical to
23
assess whether final social economic survey is accurate and assetvaluation is comparable to market price.
4. The quality and effectiveness of the complaint and grievancemechanism; it is important to assess whether complaint andgrievance mechanism are effectively implemented both for the APsas well as for other stakeholders during the RP updating and itsresolution.
5. The inclusion of a gender perspective; it is questioned whetherthe survey data has been disaggregated by gender and that the RPis inclusive of gender and the needs of vulnerable groups.
Following paragraphs provide analysis on five selected issues relevant to thescope of work of EMA.
4.2 Quality of AHs Data
123. In order to analyze the quality of AHs data, EMA conduct two stagesof validations, desk validation and field survey. In the first stage of validationEMA conducted assessment AHs baseline data, descriptive statistics is used atanalyzing it. The results are presented in a paper on analysing AHs baselinedata (ANNEX I). In the second stage of validation, EMA was conducting fieldsurvey on 31 October and 1 November 2012 which involves 331 respondent(more than 25% of AHs) to be verified. Sampling frame is enclosed (ANNEX F)along with survey instrument (ANNEX J).
4.2.1 Conceptual and Analyt ical Framew ork
124. Theoretically, data quality should be analyzed based on a number ofdimensions, i.e.: accessibility, appropriateness of amount, believability,completeness, conciseness of representation, consistency of representation,ease of manipulation, freedom-of-error, interpretability, objectivity, relevancy,reputation, security, timeliness, understand-ability, and value-added (Pipino, et.
al., 2002).
125. According to the objectives of this study, the relevant dimensions ofdata quality that are employed in the analysis of AHs database are: (1)completeness, which is the extent data is not missing and is of sufficientbreadth and depth for the task at hand; (2) conciseness of representation, whichis the extent data is compactly represented; (3) consistency of representation,which is the extent data is presented in the same format; (4) freedom-of-error,which is the extent data is correct and reliable; and (5) timeliness, which is theextent data is sufficiently up-to-date for the task at hand.
126. Two stages of studies have been conducted by EMA, desk validationand field survey. The data used as the basis for analysis are: (1) the RP dated31 August 2012 which consists of 1320 affected households, and (2) affectedhousehold samples obtained from survey conducted on 31 October – 1November 2012 which consists of 331 affected households. The first data isused for analyzing RP based on the first three dimensions, while the seconddata is used for analyzing RP based on the last two dimensions.
24
4.2.2 Result of Desk Validat ion
127. In this study, completeness is viewed in term of missing value. Missing
values refer to data fields of a certain AHs that should have values but for some
reasons it does not. There are numbers of data fields that contain missing values in
a significant number in the RP data. It reveals here are many data fields contain
missing values, which number range from 1 to 769 (see ANNEX D). Missingvalues mean missing information. In the context of this resettlement project,some data fields are important in determining the status of the correspondingAHs regarding the LRP design. These data fields are Umur, Pekerjaan,Pendapatan, Fisik dan Sifat bangunan. This implies that the LRP might not fully
cover or resemble the real condition of AHs.
128. Another type of flaw, conciseness of representation, was found in“Pekerjaan” data field which has 93 categories (see ANNEX D). For analysispurpose (e.g. finding out the correlation pattern between variables), thiscategorization is too large and meaningless. Simplifying the categorization (e.g.up to 10-15 categories) will make the data management and analysis easierand more meaningful. A new classification was developed, adapted fromKlasifikasi Baku Jenis Pekerjaan Indonesia 2002 (2002 Indonesia OccupationStandard Classification) of the National Statistics Bureau. This newcategorization represents occupations data of AHs into 14 types: (a) AnggotaTNI/Polri, (b) Operator dan perakit mesin, (c) Pekerja kasar dan tenagakebersihan, (d) Pensiunan, (e) Teknisi dan asisten tenaga profesional, (f)Tenaga pengolahan dan kerajinan, (g) Tenaga profesional, (h) Tenaga tatausaha, (i) Tenaga jasa dan penjualan di toko dan pasar, (j) Tenaga usahapertanian dan peternakan, (k) Usaha jasa dan penjualan di toko dan pasar, (l)Usaha pengolahan dan kerajinan, (m) Usaha pertanian dan peternakan, and (n)Tidak bekerja.
129. The next feature of data quality, consistency of representation,consists of several types of inconsistencies, i.e.:
a. Categories that are not mutually exclusive and collectively exhaustive(MECE).This type of flaw was found in, for example, “Orang beresiko” data field.In the RP data there are 6 categories for this data field: “Janda”, “Jompo”,“Sakit parah”, “Tua”, “Janda, jompo”, and “Tidak beresiko”. “Janda”,“Jompo”, and “Janda, jompo” are overlapped and hence not MECE (seeANNEX D).
b. Inconsistency due to mistakenly entered data.This type of inconsistency is caused by error when entering data into thespreadsheet table. For example, in data field “Hubungan AK2” there are 8categories: “Adik”, “Anak”, “isrti”, “istri”, “KK”, “mitra kerja”, “Orang Tua”,and “Saudara”. It is apparent that “isrti” and “istri” should refer to thesame meaning, but mistakenly entered and recognized as two differentcategories.
c. Different category names for the same data value.This type of flaw was found in “Agama” data field in which 4 categoriesrevealed, “Islam”, “Katolik”, “Kristen” and “Protestan”, in which the lasttwo categories should refer to the same meaning.
All of these flaws can be prevented from occuring if data entry is conductedusing a pull-down list instead of typing the value into the spreadsheet.
25
4.2.3 Result of Fie ld Research
130. Freedom-of-error in this study was analyzed using data obtained froma survey conducted on 31 October - 1 November 2012. The survey collected331 samples out of 1320 affected household population, with approximately4.66% error level and 95% confidence level. The survey aimed to verify AHsdata, especially AHs’ assets. Verification was conducted through interviewinstead of direct measurement. The results were summarized in terms of thepercentage of data that are valid, which correctly represent the real condition ofAHs. The values range from 79.9% to 100 %, with average value of 92.3%,quite high regardless of the usage of interview instead of direct measurement.The complete figure can be viewed in ANNEX D.
131. The timeliness of data represents the extent to which data is up-to-date. RP or AHs data was collected using 3 mechanisms, i.e. disclosure, tracer,and census conducted in 2011/2012, which cover a total period of more thanthree months. It is probable that the data has already been obsolete. Thetimeliness of RP data may be inferred from data obtained from surveyconducted on 31 October and 1 November 2012. In general, respondentsobtained from the survey were classified into 3 categories:
a. ADA, which means that the target respondent was still living on the siteand found during the survey.
b. PINDAH, which means that the target respondent was not living on thesite anymore and, based on at least one witness’ account, had alreadymoved to a new site.
c. TIDAK DITEMUKAN, which means that the target respondent and thecorresponding assets, for unknown reasons, were not found on the site.
The survey resulted in 79.8% of samples in ADA, 5.7% in PINDAH, and 14.5%in TIDAK DITEMUKAN category.
Based on survey, 79.8% of AHs are still at the same position on the site, 5.7%have already moved to new sites, and 14.5% were not found on the site forunknown reasons. It appears that the lengthy period of AHs data collection andbetween AHs data collection and survey makes only about 80% of AHs stillvalid according to on-site location. This figure might be getting worse with thelapse of time. Complete analysis results on the quality of baseline data isattached as ANNEX D.
26
132. To sum up, the quality of baseline data can be indicated in the tablebelow.
Need to redothe survey toreplace themissing values
Will result innonconformingLRP
2 Consiceness ofrepresentation
POOR YesDone None
3 Consistency ofrepresentation
FAIR YesDone None
4Freedom or
errorGOOD Yes
Need to redothe DMS
Will result innonconformingLRP
5
Timeliness POOR No
Need toimplement theRP as soon aspossible
Will be difficultto implementLRP
4.2.4 Final Detailed Engineering Design
133. Analysis on AHs data resulted in some recommendations to improveAHs data quality. Some possible corrections have been made to AHs databaseaccordingly, and in general can be summarized as follows:
• A more concise representation of “Pekerjaan” data field that refers toKlasifikasi Baku Jenis Pekerjaan Indonesia 2002 (2002 IndonesiaOccupation Standard Classification) of the National Statistics Bureau.
• Corrections on inconsistent data field, i.e.: (i) correction on data that arenot mutually exclusive and collectively exhaustive, (ii) correction on datathat mistakenly entered, and (iii) correction on data fields with differentcategory names for the same data value.
134. For incompleteness problem, theoretically, some corrective actionsmay be applied, i.e. (1) complete case, (2) all-available approach, and (3)imputation by using replacement value. The first option is not applicable for thisresettlement project since it will neglect AHs with incomplete data. The secondoption is the easiest remedial action, but may cause nonconforming LRP. Thethird option may be applied in this situation, but determining the replacementvalue is not an easy task. Completeness problem cannot be corrected becausethere is no supporting data available for this remedial action. As discussedpreviously, this flaw may render to unappropriate LRP due to loss of AHs’information.
135. Since there are only 79.8% of AHs still living on the site, timelinessproblem do exists. This is the kind of problem that cannot be fixed but will surelydeteriorate with the lapse of time. The only remedial action for this problem isdo the implementation as soon as possible.
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4.2.5 Capacity of Part ies Handling RP Updating
136. Regarding the capacity of parties handling RP updating, it can beinferred from the the methodology employed and the final RP updating result.InSection 4.3.2 it is shown that the methodology employed in RP updating isrobust and accountable.In term of result, based on the survey, from 331 AHs, 79.8% of AHs are still onsite at the same position, 5.7% of AHs have already moved to new sitesaccording to at least one witness’ account, and 14.5% of AHs were not foundfor unknown reason. This means that 85.5% (79.8% + 5.7%) of AHs truely exist,while for the rest 14.5% of AHs cannot be concluded.But, at least a factor other than the capacity of parties handling RP updatingmay be attributed to this discrepancy: the lengthy period between AHs dataacquisition and verification survey. The turnover among households living alongthe WTC is quite high, so it is quite possible that AHs already moved.
4.3 Inclusion of AP's
4.3.1 Introduction
137. Since 2009 a significant number of evictions to the people living alongthe canal, including the project affected households identified in the RP 2008,were carried out by Bekasi District. The eviction is at attempting for enforcementof the local government regulations (building permit, cleanness and orderliness,spatial planning) and improve their chances of winning environmental (Adipura)awards. The local governments have both confirmed that the actions were notrelated to the Project. There is no information on the precise number andidentification of evicted people.
138. Although the evictions were not related to the project, they hadoccurred on land upon which an ADB loan had been approved. To ensure ADBfulfilled its obligations and more than satisfied the intent of its safeguardpolicies, ADB determined that it was obliged to attempt to trace the people whohad been evicted by the Local Governments. The tracer is specificallyimplemented in Kabupaten Bekasi.
4.3.2 Entit lement
139. In order to deliver these project entitlements it was considerednecessary to carry out a tracer survey in order to locate the evicted households.The tracer methods and steps, which were developed by DED consultants,Arum and Local Government, include:
1. preparation of the survey instruments and data verification;2. capacity building on the tracer survey to the village office staff and field
facilitators working for the survey;3. announcement on the tracer through local radio, pamphlets posted on
strategic places, and broader socializations to 164 Neighborhood (RT-Rukun Tetangga) within the surrounding affected villages;
4. registration and data verification.
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EMA recognized that tracer methodology covers the following aspects:Involving the most valid source of information regarding the
eviction― i.e.: the Government of Bekasi District― in identifying possible
location of the evicted AHs;
Using appropriate media and involving all the elements of the
community― the frontline of government official, snowball word-of-
mouth of complainants, local community leaders, community groups,
and informal dissemination meeting organized through desa and
kelurahan― in communicating the upcoming tracer;
Verification process using civil document and location checking; and
Accomodating appeal of the evicted AHs on the verification result.
EMA acknowledged that these characteristics already represents a robust andaccountable methodology. Hence, it can be concluded that the tracermethodology is appropriate.
140. The tracer was carried from 9 December 2011 to 31 January 2012 outby the Resettlement Consultant from the detailed design team in conjunctionwith the independent NGO team which was also responsible for preparation ofthe DMS. It was found out at the implementation level that the method wereimplemented as follows:
1. Placing some officers stand by at some determined points2. Spreading public notification via leaflets and transmitting it via radio3. Putting banner at strategic locations, but it was officially not allowed.
141. It was also found out that during the first stage of tracerimplementation was not running quite well. The team consist of two differentteam members, one group that consists of 6 people in charge of keeping thepost off duty properly, while the other group of six 6 was not, who have filledcomplaints to ADB later on. Those second group of 6 tracer were finallyreplaced with 8 people from the Equator. Till there was no residents werereported, so the tracer methodology was changed to a more anticipative way oftracing by extending number of brochures as printed to nearly 2000 pieces. Asresults the tracer survey identified that the total number of evicted AHs up to thenew agreed cut off dates were 223 households out of 466. Within AHs baselinedata the 223 households we listed without location coordinate. They wereevicted, but still considered eligible as Project beneficiaries.
4.4 The Quality and Effect iveness of the Complaint
and Grievance Mechanism
142. Conceptually complaint and grievance handling mechanism depict agood democratic governance practices. It basically includes complaints andgrievances reception mechanism and complaints and grievances handlingmechanism.
143. At this point EMA address this issue using three relevant data sourcesi.e. RP 2008, updated RP 2012 and EMA survey data. This part provides resultsof EMA’s assessment.
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4.4.1 Comparison RP 2008 and Updated RP
2012
144. Table 1 below shows a comparison of complaint and grievancemechanism stated both in RP 2008 and Updated RP 2012 in three stages.There are changes reflecting strong intention to make quality and more effectivemechanism in the latest document by significantly reducing number of daysprovided to handle complaints and grievances. These changes are probablyresulted from the previously well-known case reflecting wherein complains andgrievances were not satisfactorily handled.
Table 1 Comparison Grievance Redress Mechanism between RP 2008 and RPUpdating
GRIEVANCE REDRESSMECHANISM RP 2008
GRIEVANCE REDRESSMECHANISM RP Updating
Grievances related to anyaspect of the rehabilitation ofWTC will be handled throughnegotiation aimed at achievingconsensus within 120 calendardays referring to existingIndonesian regulations17.Complaints will pass through 3stages before they could beelevated to a court of law as alast resort, thus:
Grievances related to anyaspect of the rehabilitation ofWTC will be handled throughnegotiation aimed at achievingconsensus within 120 calendardays referring to existingIndonesian regulationsComplaints will pass through 3stages before they could beelevated to a court of law as alast resort, as follows:
FirstStage
An aggrieved AH may bringhis/her complaint before anymember of the RWG or thearea coordinator of SES, eitherin writing or verbally. It isincumbent upon said memberof the RWG to notify the VillageChief about the complaint who,in turn, will inform the Camat.The Sub-district Chief togetherwith the Village Chief will have40 calendar days following thelodging of the complaint by theaggrieved AH to act on thecase. He/she may call, asneeded, any member of theLAC, to help him/her come upwith an acceptable resolution ofthe complaint. The Kecamatan(Sub-district government) isresponsible for documentingand keeping file of allcomplaints that it handles.
An AP may bring his/hercomplaint to the village Chief(kepala desa/lurah) or SubDistrict Chief (Camat), or theRWG or its facilitator, either inwriting or verbally. If thecomplaint is brought to theattention of the RWG, it willnotify the Kepala Desa/Lurahabout the complaint who willinform the Camat. The Camattogether with KepalaDesa/Lurah and RWG will have14 days to resolve thecomplaint following theirnotification
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GRIEVANCE REDRESSMECHANISM RP 2008
GRIEVANCE REDRESSMECHANISM RP Updating
SecondStage
If after 40 calendar days theaggrieved AH does not hearfrom the Camat or theDesa/Lurah about thecomplaint, or if the AHis notsatisfied with the decisiontaken by the Camat, the AHmay bring the complaint, eitherin writing or verbally, to theBupati (Head of Regency orDistrict) or the Walikota (CityMayor). The Bupati or Walikotain turn will have 40 calendardays following the lodging ofthe complaint by the aggrievedAH to act on the case. He/shemay call, as needed, anymember of the LAC, to helphim/her comeup with an acceptableresolution of the complaint. TheKabupaten/Kota (Regency/CityGovernment) is responsible fordocumenting and keeping fileof all complaints that it handles.
If after 14 days the AP does notobtain the solution of thecomplaint, or if the AP is notsatisfied with the decisiontaken, the AP may bring thecomplaint, either in writing orverbally, to the Bupati (Head ofRegency or District) or theWalikota (City Mayor). TheBupati or Walikota will have 30days following notification ofthe complaint to resolve thecase. If needed, he/she maycall on the aggrieved AP, theRWG, and BBWSC to helphim/her come up with anacceptable resolution of thecomplaint.
ThirdStage
If after 40 calendar days theaggrieved AH does not hearfrom the Kabupaten/Kota, or ifthe AH is not satisfied with thedecision taken by the Bupati orWalikota, the AH may bring thecomplaint, either in writing orverbally, to the Office of theProvincial Governor. TheGovernor has 40 calendar dayswithin which to resolve thecomplaint to the satisfaction ofall concerned. The Office of theGovernor is responsible fordocumenting and keeping fileof all complaints that reachesthe same.
If after 30 days the aggrievedAP does not obtain the solutionfrom the Kabupaten/Kota, or ifis not satisfied with the decisiontaken by the Bupati orWalikota, the AP may bring thecomplaint, either in writing orverbally, to the Office of theProvincial Governor. TheGovernor has 30 days withinwhich to resolve the complaint
31
GRIEVANCE REDRESSMECHANISM RP 2008
GRIEVANCE REDRESSMECHANISM RP Updating
FinalStage, theCourt ofLawArbitrates
If after 40 days following thelodging of the complaint, theaggrieved AH does not hearfrom the Office of the ProvincialGovernor of if he/she is notsatisfied with the decisiontaken by the ProvincialGovernor, the complain may bebrought to a court of law foradjudication. The rules of courtwill be followed in theadjudication of the complaint
If after 30 days of registeringthe complaint, the AP does notobtain the acceptable solutionfrom the Kabupaten/Kotaand/or Propinsi, the complaintmay be brought to a court oflaw for adjudication
145. EMA’s survey reveals with three interesting and yet important findings,these are, firstly, majority of respondents (73.21%) out of 265 do not knowabout the mechanism for channeling complaints and grievances related to theimpact of WTC rehabilitation project. Only 18.87% of respondents are awareabout it. It means that information on complains and grievances mechanism isnot well disseminated. See Table 2 below.
146. Secondly, 37 respondents (74%) who are aware of information onchanneling complaints and grievances mechanism get information from localgovernment officials. Only 13 respondents (26%) get information from othersources includes 2 respondents get information from surveyors and only onefrom NGOs. It convincingly reveals that government officials are the maininformation givers. See Table 3 below.
147. Finally, majority of respondents think that if there is a complain relatedto the project, then it was well received and resolved in a good way. It isexpected, therefore, that majority of respondents confirm that they do not haveproject related complains and grievances. See Table 4 below.
148. Survey Question C9: Do you know about the mechanism forchanneling complaints related to the impact of West Tarum Canal Rehabilitationproject?
Table 2 Respondent who know of mechanism for channeling complaints andgrievances
RESPOND NUMBER OF RESPONDENTS %
Know 50 18.87%
Don't Know 194 73.21%
No Respond 21 7.92%
Total 265 100.00%
149. Survey Question C 10: How did you know about the mechanism forchanneling complaints related to the impact of West Tarum Canal Rehabilitationproject?
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Table 3 Source of information on channeling mechanism of complaints andgrievance
RESPOND NUMBER OF RESPONDENT %
Local Government 37 74%
Others 13 26%
Total 50 100.00%
150. Survey Question C 11: Do you think your complaints related to WestTarum Canal Rehabilitation Project was received in a manner that ...
Table 4 Perception of respondents on complaints and grievance mechanism
RESPOND NUMBER OF RESPONDENT %
Very Good 2 0.60%
Good 33 9.97%
Indifferent 15 4.53%
Bad 13 3.93%
Very Bad 1 0.30%
Blank 267 80.66%
Total 331 100.00%
151. It is important to note that respondents who aware of information onchanneling complaints and grievance mechanism is relatively low (18.87%).It is also important, therefore, for the project to more actively disseminateinformation on the respective matter to the AHs in order to make the case ofgood project governance. It is also noted that local street level governmentofficials play a significant role as the main project information givers, thereforeaccurate and reliable information regarding all about the project is critical tothem. It is surprising though only 1 respondent out of 50, who gets discussedinformation from NGOs for it is contrary to the fact that commonly perceived onthe role of NGOs as enabler channel and liaison agent of public interest.Surveyors, on the other hand, professionally are not expected to give anyinformation or intervene data and information collection process. Rather, theyare expected to more or less objectively focus on collecting data. More well-trained surveyors are more preferable to be recommended for such sensitiveareas.
4.5 The inclusion of Gender Perspective
152. In general it reveals that although the resettlement is carried out onhousehold basis, the corresponding effects affect persons differently either asan individual or a community. Gender is an important factor in determiningdifferential impact. The dynamics inside the household will typically result inadversely affected condition for women and men. Some typical issuesaddressed in the resettlement gender sensitivity analysis are equality in accessto compensation resulted from land ownership and property rights, equality in
33
restoration of livelihood and income, and women’s choice of livelihoodalternative, intra-household gender disparity after resettlement.
153. The gender sensitivity of this overall resettlement project is analyzedusing framework and criteria established in “Gender Checklist for Resettlement”(Asian Development Bank, 2003). Based on this checklist, gender sensitivity inresettlement should be analyzed according to the project phases and element,i.e.: resettlement planning, entitlement and eligibility, developing resettlementand compensation option, resettlement and rehabilitation, site selection,transition, compensation, security of tenure, income restoration, grievanceredress mechanisms, and monitoring and evaluation. For each phase orelement, a number of key issues will be addressed based on both survey andnon-survey data.
4.5.1 Gender Inclusion: Indonesian
Context
154. According to several studies in Indonesia, over the past 3 years, thecountry has made important strides in achieving greater equality betweenwomen and men. In 2009, Indonesia was ranked 55 out of 102 in the Social
Institutions and Gender Index.10 Currently, Indonesia is ranked 32 out of 86 forthe same index. While the score for the Gender Inequality Index score was0.505, while Indonesia’s Global Gender Gap Index rating was 0.6594, placing itin 90th place (out of a total of 135 countries) for 2011.
155. There are five conceptual framework used to score the aforementioned
index above, these are :111. Discriminatory Family Code; related to variables: legal age of marriage,
early marriage, parental authority, and inheritance.2. Restricted Physical Integrity; related to variables: violence against
women (laws, attitudes and prevalence), female genital mutilation andreproductive integrity.
3. Son Bias; related to variables: missing women and fertility preferences.4. Restricted Resources and Entitlements; related to variables: access to
land, access to property other than land and access to credit.5. Restricted Civil Liberties; related to variables: access to public space
and political voice.
156. In contrast, the Human Development Index (HDI) score for Indonesia
was 0.617, placing it in 124th place (out of 187 countries) for 2011.12 Indonesiastill placed below the regional average although the HDI of East Asia and thePacific as a region increased from 0.428 in 1980 to 0.671 today. The HDI usedas an alternative to conventional measures of national development, such aslevel of health, education, income and the rate of economic growth.
10Source: http://genderindex.org/country/indonesia access 30 July 2012
July 201212 Source: http://hdrstats.undp.org/en/countries/profiles/IDN.html access 30 July 2012
34
4.5.2 Gender Inclusion: West Java Context
157. Based on study conducted by the Bogor Agriculture Institute’s WomenStudy Center, discrimination against women is still occurring in West Java asthe biggest province in Indonesia. While the figure of women and men mayseem equal, which is there are 100 women for every 103 men among WestJava’s 43 million people, the West Java’s Gender Development Index, at 61.81,was still far behind the Human Development Index, which has reached 71.12.
13 The province still suffers an educational gap as well, with only an estimated46 percent of women attending senior high school, compared with 47.38percent for men. It is important to note that an issue of early marriage is one ofthe key issues identified in specific areas of West Java. This is considered as
affecting girls’ access to and participation in education.14
158. The Central Statistics Bureau recorded that in 2008, 60 percent of thewomen in West Java played a dual role as housewives and as breadwinnerswho, on average, supported four family members. In other words, in West Javawomen carry a huge burden. Currently, 78 percent of the employees behind theinformal sector, which accounts for more than IDR 7 trillion (US$805 million),are women, in addition to the many women working overseas as migrantworkers who also bring money home.
159. Related to the discussion of empowering women in the economy,society, politics and education, another study conducted by Peter Hancockpoints out that women work very hard to develop themselves from individuals,
households and communities level.15 Women in the grassroots level providehuge contribution to the development of their family and community with theirwages and through their attitude to work as a primary source to improve theirstatus. However, the situation depends upon many factors associated withpolitical and economic power and upon the elite in the local and national level.
160. In addition, the results of the baseline assessment on the populationand civil registration administrative public services conducted by the World
Bank show gender inequality in accessing the public services. 16 The baselineassessment above discusses some causes of this inequality include:(a) Some of the regent’s rules having not expressly shown partisanship to
the special needs and the social roles of women.(b) There was not any affirmative approach in transform the laws and
regulations into the regent’s rules and into main tasks and functions oflocal government and service providers.
13The Jakarta Post, Pushing for Women☂s Empowerment,
15 Hancock, Peter, The Gender Empowerment Measure: Issues from West Java, Indonesia,http://devnet.anu.edu.au/online%20versions%20pdfs/51/VPThancock51.pdf access 30 July2012
16 Baseline Assessment on Women’s Accessibility to Public Services (West Java Province)http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/05/15/000356161_20120515003000/Rendered/PDF/684360ESW0WHIT0Services00West0Java0.pdf acess 30 July2012
35
(c) The limited knowledge of human resources involved in the publicservices regarding gender sensitivity,
(d) Standard Operating Procedure made by the service providers havingnot considered women as subject of the services.
(e) The majority of service providers have not capable of making indicatorsof work achievement targets with gender perspective especially relatedto the minimum service qualification and work achievement targets.
(f) Lack of allocation of the sufficient budget for activities required inimproving women accessibility to public services made by localgovernment and service providers.
(g) Majority of women as the responsible party in the household care dutiesnever been considered in preparing regulation and policy of the serviceproviders.
(h) In many cases related to establishing mechanism, plan, and documentsrequired to obtain the services the service providers frequently have notconsidered psychological and cost problems of women as householdhead, and geographical restriction as well as access limitation inaccessing information related to the services.
(i) In terms of analysing performance and impacts of a service, the serviceproviders have not considered women as the affected subject.
17
4.5.3 Gender Inclusion: Project Context
161. Related to monitoring and evaluation process of this project, this paperwould highlight some of collection of sex--disaggregated data in the baselinesurveys and development of monitoring indicators to assess the gender-differentiated impact. Based on data in three areas: Bekasi City, KarawangRegency and Bekasi Regency, the majority respondents are male, as expectedand indicated in many other similar project in other areas or even in othercountries (see Table 5).
Table 5 Respondents of the Project
17 Baseline Assessment on Women’s Accessibility to Public Services (West Java Province)http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/05/15/000356161_20120515003000/Rendered/PDF/684360ESW0WHIT0Services00West0Java0.pdf acess 30 July2012
70
40
70
42
11
2
Laki-laki
Perempuan
0 20 40 60 80
Kota Bekasi Kab. Karawang Kab. Bekasi
36
162. In contrast, there are more widows, both in Karawang Regency andBekasi Regency, than the widowers (see Table 6). In this situation, there aremore households headed by female than male, which need more recognitionfrom local and national government and intervention from the project. Forexample, there is a program to support for women’s empowerment programssuch as Perempuan Kepala Keluarga (Pekka), or the Women-HeadedHouseholds Empowerment Program, which was introduced in 2001 in WestJava, must come from the government. By conducting a provocative programsuch as Pekka, the local and province government would be able to push forsocial changes in West Java, despite the annual budget of only IDR 900 millionfrom the provincial administration.
Table 6 Marital Status
163. With regard of the type of the respondents’ occupations, the highestnumber of respondent work as sellers, especially in Bekasi Regency andKarawang Regency (see Table 7). It followed by farmers and housewives inKarawang Regency. For those three types of occupation, there are plentywomen involved in the sectors, both directly and indirectly. It is clear enoughthat a bulk of housewives need to be empowered in order to get a direct benefitfrom the project in collaboration with local and national government.
Table 7 Occupations
1
2
10
97
1
1
2
1
1
6
10010
3
0 20 40 60 80 100 120
Belum▁
Cerai
Cerai Mati
Cerai Pisah
Duda
Janda
Menikah
Lajang
Kota Bekasi Kab. Karawang Kab. Bekasi
1011
7
13
11
175
231
119
322
16
1
341
2
1
1
9
0 10 20 30 40 50 60 70 80
Bertani
Buruh Cuci Motor
Buruh Serabutan
Ibu Rumah Tangga
Pegawai (Swasta/Negeri)
Peternak
Usaha/Dagang
Kota Bekasi Kab. Karawang Kab. Bekasi
37
164. Related to the participation of women in this project through theirpresence in several Focus Group Discussion (FGD) meetings, there is anindication that women are involved actively even though the number is stilllower than male. For example, in Kabupaten Karawang there were 10 FGDswhich were conducted during AHs updating and LRP preparation and the rangeof percentage of female participants was 11.5% to 42.2%. In contrast, the rangeof percentage of male participants was 53.5% to 88.5%. In Kabupaten Bekasi,due to the limitation of data, there were only 2 lists of participants availableinstead of 16, which was 9% and 46% of female. Relatively similar to KotaBekasi, there were only 2 FGD meetings conducted and only 1 meetingattended by female participants which was only 12.5%.
165. Having looked those limited data above, the project has indicated agender inclusion perspective within their implementation of FGD meetings inseveral locations. However, it is important to note that the percentage has notbeen reflected the reality comprehensively and clearly. The data above has notprovided any information of reasons and explanations of limited number offemale attended and participated in different FGD meetings.
166. Gender Action Plan; As required by ADB, it is important to ensure that“gender mainstreaming” is tangible and explicitly visible in project design andimplementation. The project-specific gender action plan (GAP) is an inclusivecomponent that mirrors the project outputs as an integral part of project
design.18
167. Related to the idea above, it is important to highlight that there won’t beany limitation for women to access the resources, opportunities and servicesrelated to implication of this project. It is necessary for them to improve theirstandard of living for themselves and their families during and after this projectimplemented. All the stakeholders in the project have to ensure that women arenot become the victims of this project due to their multiple burdens in thehouseholds and their communities.
168. For these reasons, the stakeholders’ efforts to maintain the socialcontinuity of communities affected by a project—whether through the physicaldesign of new sites, measures to prevent the disintegration of the community, orthe provision of specialized social services at those sites—are important. Theinvolvement of women in many FGD meetings as part of the preparation of thisproject can be considered as a good example of GAP implementation. Inaddition, the involvement of women in different trainings as proposed has toguarantee by all the stakeholders involved.
169. Related to this project, EMA provides of the immediate and practicalinitiatives that can be considered to improve women’s adaptation to theresettlement site include:(a) ensuring and/or recognizing that land titles and compensation
entitlements are issued in the name of both spouses and/or wives only;(b) increasing incomes generating opportunities by setting up credit
groups, skills training, and access to markets based on their needs;
18 www.adb.org/themes/gender/project-action-plan acess 2 August 2012
38
(c) improving participation in decision making process especially related toprovide support for women’s interest groups).
170. All of the initiatives above may help women adapt to the resettlementsite. However, the social or legal status of women, in the project specifically andin Indonesia generally, is likely to remain circumscribed. Thus, their ability toimprove their own and their family’s livelihoods need a longer-term strategiceffort in order to change gender-based discrimination. In the future,stereotyping, social stigmatization (as a result of traditional or cultural bias) andeconomically marginalization are totally unacceptable in many different typesand levels.
171. In sum, it is important to note that all the recommendations are madebased on limited amount of data available due to personal and professionalreasons. Due to limited opportunity available, the expert has not able to conductfield visit in order to get a whole picture of the project. In addition, the circle ofinformation among stakeholders creates some limitations to get more and betterdata to provide comprehensive and reliable suggestion related to sustainabilityand continuity of this project.
4.5.4 Gender Sensit ivity Assessment
Checklist
172. In addition, using ADB’s Gender Checklist for Resettlement, EMA hasrun gender sensitivity analysis. As far as available and assessable data andinformation are concerned, the result reveals in the next following paragraphs,while detail information on the assessment result can be found in ANNEX H.
173. General Socio-Demographic Condition. The RP and socioeconomicdata regarding this resettlement project were collected at household level whiledemographic data are available at individual basis. However, somesocioeconomic data are available at individual basis, which can be segregatedby gender; those are age, education, occupation, and income. Other data are athousehold level.
174. In total, there are 1320 households living in the affected area, out ofwhich 101 households or about 7.7% were woman–headed. There are 2,368(53.1%) men and 2,095 (46,9%) women living in such area. The average age ofwomen living in the affected area is 29.3 years old with standard deviation of16.9 while for men is 32.3 years old with standard deviation of 19.5. Adultwomen composition based on education is as follow: (1) University graduate1.5%, (2) SMA graduate 12.0%, (3) SMP graduate 19.7%, (4) SD graduate36.4%, and (5) Below SD graduate 30.5%; while adult men composition basedon education is as follow: (1) University graduate 1.8%, (2) SMA graduate17.7%, (3) SMP graduate 20.1%, (4) SD graduate 33.1%, and (5) Below SDgraduate 27.3%.
175. There are 504 out of 2,095 (24,1%) working women, from which themajority (243 or 48.2%) run their own businesses in the category of “Usaha jasadan penjualan di toko dan pasar”. Average monthly income of working-man inthe affected area is Rp1,829,472 while for woman is Rp1,503,704.
39
176. Women’s Land and Property Status. In the Resettlement Plan, landand property data are acquired at household level. Hence, individual gender-based ownership might only be analyzed as referred to household head. Basedon this, there are 101 women (who head household) have control overproperties in the affected area. Only 1 household out of 1320 has legal title toaffected land, while all other lands are owned by the government. Householdsliving in the area have “informal” control over structures on the land. Asestimated through the survey, average value of structure (main building) ownedby woman-headed household is Rp14,580,269 while for man-headedhousehold is Rp13,659,074.
177. Women’s Livelihood and Contribution to Family Income. Mainwomen’s livelihood sources are (1) Usaha jasa dan penjualan di toko dan pasar48.2%, (2) Operator dan perakit mesin 15.9%, and (3) Usaha pertanian danpeternakan 14.7%. With such livelihood, average monthly income of working-woman in the affected area is Rp1,503,704, comparing to Rp1,829,472 for men.The average women’s contribution to family income in woman-headedhouseholds is 74.8%, while in man-headed households is 11.4%. The averagewomen’s contribution to family income for all AHs is 16.3%.
178. Entitlement and Eligibility. As mentioned before, only 1 household outof 1320 have a legal title to land in the affected area. Since almost all of themdo not have legal title to the land, they do not also have legal title to anystructure on the land. Women have “informal” control over the structure on theaffected land in which they dwell through their position as household head.Condition that should be appropriately considered regarding this issue is theexistence of 7.7% woman-headed households and 24,1% working women, fromwhich the majority or 48.2% run their own businesses in the category of “Usahajasa dan penjualan di toko dan pasar”. Compensation options developed for theresettlement does not provide particular compensation and resettlementarrangement for women. Households considered eligible are those dwelled inthe affected area in the periods of registration.
179. Transition Issues. Transportation arrangements are provided andinformed to all affected AHs, instead of specifically to affected women. Dataabout physical condition of each household member is available, and can beinferred as needs for special assistance regarding transportation. There are 264out of 1320 (20.0%) AHs might be categorized as need special assistance withtransportation, consists of 145 (11.0%) elderly-headed households, 99 (7.5%)woman-headed households, and 20 (1.5%) disabled-headed households.
180. Women’s Income Restoration. As mentioned earlier, of 24,1%working women, majority (approx. 48.2%) run their own businesses in thecategory of “Usaha jasa dan penjualan di toko dan pasar”. This kind of businessdepends on local (neighboring) market, which is mainly driven by social relationand acquaintanceship. If they are evicted from their current property’s location,their income sources might be significantly affected. The risks regarding thisissue are: (1) there will be a total loss of women’s livelihood source becausethey cannot start their business in the new site, or (2) there will be a decrease inwomen’s livelihood source because they have to start their business in the newsites. In this resettlement project, the new site is not provided by the project-owner; instead, AHs should look for a new site themselves.
40
181. Another issue regarding income restoration is the need for skillupgrading for affected people to help them restoring their losing income. This isalready included in the Livelihood Restoration Program (LRP).
182. Some conclusions and remarks regarding the inclusion of genderissues in the Updated RP can be drawn as follow:a. With the current available data, gender sensitivity of the RP can be
inferred, specifically in terms of resettlement planning, defining entitlement
and eligibility, development of resettlement and compensation option,
safeguarding women’s interest in resettlement, transition issues, and
income restoration.
b. According to the checklist, gender sensitivity of the RP can be indicated as
follow:
i. In term of resettlement planning, the inclusion of women in the
socioeconomic survey has been accomodated, household division of
labor and women’s livelihood sources and contribution to family
income have been identified. It can be concluded that the gender
sensitivity is GOOD.
ii. In term of defining entitlement and eligibility, information regarding
women’s legal title on land and property, women’s ownership,
access, and control over resources and property, and women’s
customary or informal rights to land, property, and other resources
cen be inferred from the available RP data. The effect of
resettlement on women’s sources of livelihood is also identified. In
this sense, gender sensitivity is FAIR.
iii. Regarding the development of resettlement and compensation
options, there is no law that entitle women to compensation
assistance, and there is no particular compensation and
resettlement for women. It can be concluded that in this regard the
gender sensitivity is POOR.
iv. In term of safeguarding women’s interest in resettlement, separate
identification of women’s socioeconomic condition, needs, and
priorities had not been properly conducted. The only available
gender-based socioeconomic data is income while data on the
needs is collected on household basis, and no data currently
available regarding women’s priorities. In this sense, the gender
sensitivity is POOR.
v. In term of transition issues, transportation and relocation facilitation
are provided, and women and other vulnerable groups who may
need special assistance with transportation have been identified.
But, there is no information regarding consultation with women on
transportation and transit issues. In this sense, gender sensitivity is
FAIR.
vi. Regarding income restoration, information on women’s sources and
level of income, women’s contribution to household income, and the
predicted effect of resettlement on women’s income have been
identified. In this sense, gender sensitivity is GOOD
41
183. Other issues regarding gender inclusion in resettlement that should benoticed and monitored in the next phase of this resettlement project are:a. How to safeguard women’s interest in the process of land acquisition and
displacement, and ensure that grants should be in the name of both
spouses.
b. How to safeguard women and children’s interest in the process of
resettlement and rehabilitation.
c. How to accomodate women’s interest in compensation payment
d. How to monitor and evaluate the issues of women’s livelihood restoration,
safety, and habitability.
e. How to include women in resettlement participatory monitoring.
42
5 LIVELIHOOD RESTORATION PROGRAM
5.1 Introduct ion
184. EMA understand that socio-economic survey was aimed to obtain general
picture of socio-economic information of AHs. The information should be
considered as the input for designing the type of LRP that most suitable for AHs.
Analysis will be directed to reveal the logical relationship between patterns found
from socio-economic data of AHs and the LRP scheme. Recommendations will be
given accordingly to ensure the adequacy of LRP in maintaining and improving the
livelihood of affected households and people.
184. Analysis on LRP preparation focuses on the extent to which the LRP attain
the aforementioned objectives and the extent to which the LRP considers and
accommodates the relevant characteristics of AHs and APs found through the
socio-economic survey. Socio-economic data will be analyzed to find relevant
patterns and recommendations will be given accordingly to improve the LRP to
ensure the attainment of the objectives.
5.2 Remarks on DED's Socio-economic Survey
185. Generally, resettlement is perceived as rationale respond at alleviatingthe environmental pressure and improve people’s production and livingcondition with regard to the extremely devastating environment, land conflictand other severe living conditions. In the context of West Tarum Canal (WTC),though, there are still irrigation area along Citarum River where reservedagricultural resources and other productive economic activities of those who livethere. This resettlement project scheme basically proposed entitlement of landwith the intention of helping to mitigate project impact and to restore livelihoodand living standard. The key policy objective, as indicated in RP, is to replaceand compensate lost asset based on the principle of replacement cost thatshould be in line with local government regulation.
186. As it is understood, DED Consultants have conduct Socio-EconomicSurvey of AHs along the corridor of WTC. EMA has no sufficient ground toassess its methodology, but feel confident on consultant’s reputation and merit.Hence the survey can also be regarded as a standard social economic surveywith no such complicated technique that require specific professional oracademic skill beyond the ordinary. Therefore, EMA would focus more on itsfindings that might relevant to understanding AHs social-economic conditions.
187. As it is noted, survey data was collected and analyzed from 235respondents chosen from 1320 AHs population (latest numbers) about 17.8% orapproaching 20% with reference to smaller number of population at the timesurvey was conducted. As appears in Tabel 8 below, sample consists of 148men and 87 women, they are proportionately distributed in three WTC district.
43
Table 8 .Survey sample by gender and kabupaten/kota
KOTA/KABUPATEN
GENDER
Kabupaten
Bekasi
Kabupaten
Karawang
Kota
Bekasi Grand Total
Men 67 69 12 148
Women 42 43 2 87
Grand Total 109 112 14 235
188. In terms of income, AHs can be categorized into middle class to lowerclass income. Figure 4 below shows that almost 41% of respondent haveincome below the minimum wage of West Java i.e. Rp 1,236,991 per month(2012). In Karawang District, it has 51% of respondent with income below onepoint five million rupiah per month and 13 % of people with income above fivemillions rupiah per month. Slightly different, with Bekasi District, it has 23% ofrespondent has an income above five millions rupiah per month, and only 6% ofsample with income below one million rupiah. Interestingly, they are notspending much of their revenue. Most of them (58%) of sample has spent theirrevenue around two millions to two millions five hundred rupiah per month. Sobasically, their income is sufficient in supporting and meeting their dailynecessity. See Figure 5.
Figure 4 Respondent by Income Figure 5 Respondent by Expenditure
189. In terms of marital status, most of the respondents are married. Only 5
out of 235 respondents are single. However, 22 out of 87 of total female
respondent are widow (see Figure 6). Apparently, at this point women are more
vulnerable to poverty. Most irritatingly, household led by women carry a ☜double
day burden☝, as a head of household, she have to handle domestic work and as the
main earner simultaneously (Moghadam, 1997). Consequently, these women
suffer mobility constraint which possibly impact negatively on their household
income. Figure 7 tells that most of respondent just graduated from elementary
school. In Karawang, 65% of respondent only completed elementary school and
only 1 person out of 112 respondents who graduated from college. More education
means more choices and career opportunities. In general, within such situation of
low-educated community, woman has less opportunity to become educated or to
earn a living. Government need to seriously consider how to open up education
and job opportunities for AHs. This should be accommodated in not only
shortsighted project LRP scheme, but ultimately integrated to the long term
governmental public service accounts especially for the next generation of AHs.
44
Figure 6 Marital Status Figure 7 Educational Qualification
190. In terms of occupation, see Figure 8 below, the majority of respondent is
self-employed. They are 14% percent dependent on agriculture and 14% percent
are labor, such as construction worker, mill-hand and handyman. It is also noted
that 36 out of 87 female respondents are housewife. Only 7 respondents are
employee. It seems that their lack of education affect their working availability in
formal sector. This condition calls not only immediate restoration of their
livelihood due to their resettlement, but also for a betterment of their capacity to
face future strand.
Figure 8 Respondents by Occupation
191. In terms of types of business, see Figure 9 below, the respondents who
have stalled in front of their house or at the nearest market, mostly they sell daily
product, such as food toiletries, herbs, vegetable, cooking utensil, and net tools.
There are 4 respondents who open a business workshop or recycling. According to
Table 9 and Table 10 below, they are long standing entrepreneurs in their class
who in average have run their business more than one year. They are also
financially independent for 68,5% of respondent has no debt on family, and 78,2 %
of respondent has no business debt. This condition calls project respect to their
potentials that need to be systematically strengthened and developed.
45
Figure 9 Respondent by type of business they run
Table 9 Length of business Table 10 Respondent by debt to their family
192. In terms of land ownership, according to Figure 10 below, only oneperson who owns the land and has the right to use land. The majority ofrespondent are illegal settlers along WTC. Respondent mostly can be classifiedas cultivators i.e. approximately 79% of respondent. It is noted, that 3 out of 235respondent are tenant. On the other hand, mostly respondent own asset, suchas home or stall. Figure 11 below depict that most of respondent frequentlystated that the land use for business-reason, for example iron smelting,especially in Bekasi District. Meanwhile in Karawang District, 34 out of 112respondent claimed that the land use only for residential.
Period Respondent
1-3 years 69
3-6 years 43
6-10 years 26
10-20 years 24
<20 years 8
Family DebtTotal %
<Rp 1,000,000 16 6,9
Rp 1,000,000 – Rp 2,000,000 12 5,2
Rp 2,000,000 – Rp 4,000,000 5 2,1
Rp 4,000,000 – Rp 8,000,000 12 5,2
>Rp 8,000,000 19 8,1
No debt at all 161 68,5
Total 235 100
46
Figure 10 Status of Land Ownership
Figure 11 Reason of Land Use
193. It is noted from Figure 12 below, that most of the respondent want to
have business or become self-employed. They claimed that opening business is
catch their interest and will bring financial independence. In accordance with the
fact that most respondent have no debt neither to the bank nor family, other
information reveals, that most of respondents who own business or asset are
financed by himself. Only 11 people, who are indebted to the bank, around 8% of
the respondent still borrows some amount of money from brokers or middlemen,
due to faster and easier loan process. At this point, LRP can also address the issue
by providing business loan within micro and small business scheme.
Figure 12. Fields of Interest
Figure 13. Loans of Capitals
47
194. At last but not least, it is obvious from Figure 14 and Figure 15, belowthat most of the people don’t have plan to move from their current inhabited,both their stalls and houses. According to their response, they prefer to install their
little shop or stall along the canal. This is certain things should be one of the
cornerstones in seeing how the actual needs of respondents along the canal.
Regardless of the terms of the legal aspects of the ownership of the land or not,
should be realized that a country often unable to granting access to the community
in building a formal housing system.
Figure 14 Plan due to Rehabilitation of WTC
Figure 15 Respondent’s Moving Plan
48
195. Finally, under ADB Resettlement Framework, the compensation thatgiven to both legal and illegal settlers considering opportunity cost. Every eachimpact or loss that occurs should be assessed regarding the lost benefit. It isshown in project entitlement. Therefore, compensation for structure, provision oftransport, and provision of transition subsistence, should be given regardlesssocial economic statuses. However, it is also strongly indicated that 70.02% ofAHs will not move beyond the canal area, especially in Kabupaten Karawang(82 respondents) and Kabupaten Bekasi (71 out of 235 respondents) out of 235respondents.
5.3 Remarks on Survey on socializat ion of WTC
Rehabilitat ion
196. Believing in information theory proposed by Stiglitz (2002) onasymmetric information provided by consultant, EMA assess survey results toextent to which empirical evidence reveals. Theoretically, it is understood that ingeneral society and affected community in particular is never perfectly informed.The government would have superior information while the society would haveat an inferior position. Under project circumstances, for instance, both partieswould have incentives to behave strategically. The party with superiorinformation would have an incentive to take advantage of its informationposition to meet its goals. On the other side, the party with inferior informationwould recognize this incentives and information accordingly. At this context,should be recognized that both government and affected communities havedifferent objectives, and the challenge is to improve the efficiency of project andallocate the distribution of gains that greater efficiency implies. It is claims thatsuch asymmetrical information would arouse moral hazard, the situation inwhich a party takes advantage of special knowledge while engaging in sociallyinefficient behavior (Lipsey et al, 2008). The following paragraphs providedescription on information have by AHs regarding WTC project.
197. It is revealed that 54% of respondents do not know about the purposeof Rehabilitation WTC. Most of the respondents, 199 out of 331, do notacknowledge the purpose of rehabilitation. Although, 41% of respondentclaimed that they do know about it. They mention about improving the flow andquality water in the river, widening river and road. It means that the informationnot fully acquired by the project affected community (Figure 16).
49
Figure 16 What is the purpose of rehabilitation project?
Figure 17 Sources of Information
198. In general, the majority of respondent express that they don☂t get
informed and no one notify them about rehabilitation project and the benefit of its
project, as shown in the chart above. DG Water Resources (Ministry of Public
Works) and local government separately participate in providing the information,
though no significant result. Only 93 out of 311 who claimed that they get informed
by government agency. As a result, they need to empower the role local
government, especially Head of RT and RW. As the head of community association,
who works closely with society, they able to provide information promptly and
clearly for WTC people (see Figure 17). The following Figure 18 represents theWTC people knowledge toward Rehabilitation Project Benefit. Half ofrespondent stated that they don’t know if that project will advantage ordisadvantage them. The people who acknowledge the project stated someadvantages such as providing clean water, managing water flow of Citarum,improving living condition, and preventing flood.
Figure 18 Benefit of Rehabilitation Project
50
199. Figure 19 below depicts that mostly of the respondent not conscious ofcomplaining mechanism. They do not comprehend in filing complaint, who willbe in charge to respond them, and how long it would take to get response. Only8% admit that they get inform by officer directly. They don’t know how to legallycomplaint about impact that appears due to Rehabilitation Project. Since only afew people get informed by DG Water Resources (Ministry of Public Works) andlocal government.
Figure 19 Complaining Mechanism toward Project
200. This following figure, Figure 20, illustrates the WTC people perceptiontoward complaining procedure regarding implementation of WTC RehabilitationProject. Apparently, 267 out of 331 of respondent don’t have any idea aboutgovernment response toward any complaining filed. Nevertheless, there are10% of total respondent who believe that complaining toward government willbe accepted. Also, 7% of total respondent affirm that arising issues will besolved carefully and effectively by government
Figure 20 Perception toward complaing that be given to government.
51
.
201. In conclusion, it is highly possible for misunderstanding between bothparties, government and affected community. They are both has differentinterest and information. It is recommended, firstly, that government shouldbuild a good and effective communication with local community and elders orcommunity leaders. Give community leader a role to informing his or hercommunity about Rehabilitation Project. This community leader has highconnectivity with the community and highly respected. Secondly, empoweringhead of community association such as Head of RT and RW is important inbridging community and government officials. As a representative of thegovernment, they need to get informed about the project, therefore they able togive clear information for society in WTC. This information could be givenregularly in weekly or monthly meeting, whether in letter or directly. Suchrecommendation is very much consistent with EMA findings through its survey.
5.4 Livelihood Restorat ion Program and Relocation
Facilitat ion Plan
202. LRP scheme was designed based on the classification of AHs asimpacted by the resettlement project which categorizes AHs into 3 groups:
a. Category I (Low Impact); consists of AHs with corresponding impact onsecondary structure, trees, and plants.
b. Category II (Medium Impact); consists of AHs with correspondingimpact on main structure with a proportion of less than 50%, hence arenot subject to relocation.
c. Category III (Severe Impact); consist of AHs that fulfill at least one ofthe following three conditions, AHs to be relocated (with impacted mainstructure of 50% or more), losing more than 10% of their business, andlosing more than 10% if their agricultural yields.
203. Referring to the above classification, 8 types of LRP have beenproposed and assigned to each category. LRP will be granted commensuratewith AHs’ perceived impact. Below is the LRP scheme as indicated by the LRPdocument.
Table 11 LRP Scheme
204. Fridentified:
393 outto move368 ouwill be or (87.0toko dakerajinapeterna312 outheir ow
Of 24.1% wthe categopenjualan mainly drivtheir curreaffected.
205. Frthe new lo
Kemudah
Air bersih
Akses jala
Pendidika
Tempat ib
Keamana
204. From AHs data, some interesting patterns related:ut of 556 (70.7%) AHs to be relocated do not haveve to.ut of 556 (66.2%) AHs to be relocated run their
e affected if they are relocated to new sites. These7.0%) have business in the category of “Usaha jadan pasar”, 15 or (4.0%) in the category of “Usainan”, and 33 or (9.0%) in the category of “Usnakan”.ut of 368 (84.8%) AHs to be relocated which inco
own businesses do not have any alternative sites to
working women, majority (approx. 48.2%) run thegory of “Usaha jasa dan penjualan di toko dan pasn di toko dan pasar” depends on local (neighbourriven by social relation and acquintanceship. If th
rrent property’s location, their income sources m.
205. From socio-economic survey data, facilities that co location are depicted in the table below.
FacilitiesCount
(multi-respon
ahan usaha 137
ih 38
jalan/ keudahan transportasi 20
ikan anak 12
t ibadah 3
nan tinggal 2
Total 212
52
204. ted to LRP have been
ve any alternative sites
ir own business whichse AHs consist of 320
jasa dan penjualan diUsaha pengolahan dan“Usaha pertanian dan
come source is runing to move to.
heir own businesses inasar”. “Usaha jasa danuring) market which is they are evicted from might be significantly
205. onsidered important in
t
onse)%
64,6%
17,9%
9,4%
5,7%
1,4%
0,9%
100,0%
53
Another important fact from socio-economic survey data indicates that supportsconsidered important in the new location are depicted in the table below.
Supports for restoring businessCount
(multi-response)%
Pelatihan teknis/ keterampilan usaha 99 66,4%
Sarana input usaha 25 16,8%
Akses modal financial 19 12,8%
Pelatihan manajemen dan organisasi 5 3,4%
Transportasi 1 0,7%
Total 149 100,0%
From the LRP document, it is apparent that “facilitation” focuses mainly onimproving skill to restore income and livelihood.
206. Having scrutinized the LRP document and examining the AHs andsocioeconomic survey data, the following issues have been identified andshould be properly managed in the next phase of this resettlement project:
a. The arrangements to facilitate AHs in finding new place for living or
business and negotiate payment for new place have not been specified.
Since the large part of to-be-relocated AHs do not have alternative sites
for living and business, the availability of this arrangement is very
important and urgent.
b. It is apparent that LRP focuses mainly on improving skill to restore
income and livelihood through training. From the view point of community
development, initiatives for restoring the livelihood of AHs should be
managed following the phases of RAISE AWARENESS,
EMPOWERMENT, DEVELOPMENT, and PROTECTION. Training is in
the DEVELOPMENT phase. RAISE AWARENESS and
EMPOWERMENT can be delivered through proper facilitation. There
should be initiatives to implement the PROTECTION step.
c. There should be any considerations in utilizing informal groups in the
community of AHs as a basis for grant disbursement, not only based on
location.
d. For 312 to-be-relocated AHs which running their own businesses, the
eminent risks following the displacement is the loss of income since they
still do not have alternative sites to move to. There should be initiatives to
help them to reestablish and restore their business in the new locations.
This is in line with the result from socioeconomic survey which indicates
that the most important facility is “Kemudahan usaha”.
54
6 RECOMMENDATIONS
6.1 Recommendation on Policy Framew ork
207. On part of GOI's regulation, clear governmental policy on resettlement and
its enforcement is needed. Although it is too late for this project, there has been a
new law and presidential decree to accommodate such need. Policy formulation to
accommodate rehabilitation of APs livelihood post-resettlement, has also been set.
The new policy aims not only to be in line with ADB☂s framework on resettlement,
but for policy improvement and to ensure that resettlement will not lead to the
impoverishment of the poorest of the poor, including those who have no legal
rights to the assets and the vulnerable groups. The fact that none of the 515 (out of
the 872 households) who are to be relocated, have no legal documents to prove
their ownership of the land along the West Tarum canal where they live, reflects
unclear governmental policy and its enforcement regarding the matter.
208. Related to policy implementation on resettlement, there is a need toimprove the administrative and bureaucratic system of resettlement, especiallythat relates to compensation’s distribution. The main principle of theresettlement is to ensure that post resettlement, APs’ livelihood is not gettingworse and to allow them to take advantages of the project. APs who areentittled for compensation are those who are registered in the ResettlementPlan based on the survey in 2008, identified in the updated survey in thefollowing years and those who are relocated by local government within theperiod of 2009-2011. As RP updating has been also renewed with consultationwith the affected persons (APs), it should be ensured its accomplishment duringthe implementation stage.
6.2 Recommendation on AHs Baseline Data
209. Analysis on AHs data resulted in some recommendations to improveAHs data quality. Some possible corrections have been made to AHs databaseaccordingly, and in general can be summarized as follows:
• A more concise representation of “Pekerjaan” data field that refers toKlasifikasi Baku Jenis Pekerjaan Indonesia 2002 (2002 IndonesiaOccupation Standard Classification) of the National Statistics Bureau.
• Corrections on inconsistent data field, i.e.: (i) correction on data that arenot mutually exclusive and collectively exhaustive, (ii) correction on datathat mistakenly entered, and (iii) correction on data fields with differentcategory names for the same data value.
210. For incompleteness problem, theoretically, some corrective actions maybe applied, i.e. (1) complete case, (2) all-available approach, and (3) imputationby using replacement value. The first option is not applicable for thisresettlement project since it will neglect AHs with incomplete data. The secondoption is the easiest remedial action, but may cause nonconforming LRP. Thethird option may be applied in this situation, but determining the replacementvalue is not an easy task. Completeness problem cannot be corrected becausethere is no supporting data available for this remedial action. As discussedpreviously, this flaw may render to unappropriate LRP due to loss of AHs’information.
55
211. Since there are only 79.8% of AHs still living on the site, timelinessproblem do exists. This is the kind of problem that cannot be fixed but will surelydeteriorate with the lapse of time. The only remedial action for this problem isdoing the implementation as soon as possible.
6.3 Recommendation on Complaints and
grievance Mechanism
212. It is important to note that respondent who aware of information onchanneling complaints and grievance mechanism is relatively low (18.87%). It isimportant, therefore, for the project to more actively disseminate information onthe respective matter to the AHs in order to make the case of good projectgovernance. It is also noted that local street level government officials play asignificant role as the main project information givers, therefore accurate andreliable information regarding all about the project is critical to them. It issurprising though only 1 respondent out of 50, who gets discussed informationfrom NGOs for there is common higher expectation. Surveyors, on the otherhand, professionally are not expected to give any information. Well trainedsurveyors are more preferable to be recommended for such sensitive subjectareas.
213. It is concluded, there is highly possible for misunderstanding betweengovernment and affected community with reference to asymmetric informationacquired by both parties. It is recommended, firstly, that government shouldbuild a good rapport and effective communication with local community, eldersand its leaders. They should be given a role to informing their community aboutRehabilitation Project. These community leaders have high connectivity with thecommunity and they are highly respected. Secondly, it is necessary toempowering head of community association such as Ketua RT and RW, inbridging community and government officials. As a representative of thegovernment, they need to get informed accurately all about the projectinformation, therefore they able to give a clear information for society in WTC.Those information should be given in regular basis could be given in weekly ormonthly meeting, whether in letter or directly. Such recommendation is verymuch consistent with EMA findings through its survey and will become essentialingredients for community empowering process.
6.4 Recommendation on Inclusion of Gender
214. The gender sensitivity of the RP is, on average, FAIR. Some issuesthat still need special attentions are (1) the development of resettlement andcompensation options for women, and (2) safeguarding women’s interest inresettlement, separate identification of women’s socioeconomic condition,needs, and priorities. Some remedial actions that are still possible regardingthese two issues are involving women in compensation disbursement andproviding options for women needs and priorities.
Regarding gender sensitivity of the next phases of the project, it is stronglyrecommended to:
56
a. Safeguard women’s interest in the process of land acquisition and
displacement, and ensure that grants should be in the name of both
spouses.
b. Safeguard women and children’s interest in the process of resettlement and
rehabilitation.
The facilitation in the LRP implementation phase should focus on assisting
AHs in finding new sites and ensure that women and children’s interests
(e.g. sanitation and education) are properly taken care of during and after
the transition period following the displacement.
c. Accomodate women’s interest in compensation payment
It is advised that women should be asked about their opinion regarding
compensation payment, also regarding joint names of account.
d. Monitor and evaluate the issues of women’s livelihood restoration, safety,
and habitability.
Regarding this issue, EMA recommends to promote participation of women inimplementation of M&E by including more women in the project team, includespecific inputs from women, ensure that community-based mechanisms haveproportionate representation of women, and include women in resettlementparticipatory monitoring.
6.5 Recommendation on Social-economic
Condit ions
215. In terms of marital status, most of the respondents are married. Only 5out of 235 respondents are single. However, 22 out of 87 of total femalerespondent are widow At this point women are more vulnerable to poverty.Household led by women carry a “double day burden”, as a head of household,she have to handle domestic work and as the main earner simultaneously(Moghadam, 1997). Consequently, these women suffer mobility constraintwhich possibly impact negatively on their household income. It is also appearsthat most of respondent just graduated from elementary school. In Karawang,65% of respondent only completed elementary school and only 1 person out of112 respondents who graduated from college. More education means morechoices and career opportunities. In general, within such situation of low-educated community, woman has less opportunity to become educated or toearn a living. Government need to seriously consider how to lift up educationand job opportunities for AHs. This should be accommodated in LRP scheme,not only shortsighted project restoration, but need to be integrated with the longterm governmental public service accounts.
6.6 Recommendation on LRP
216. Based on the above facts and the community development approachemployed in this study, some recommendations for improving LRP are given:
a. There should be initiatives or facilities to help AHs and especiallyrelocated AHs to establish their own businesses in their new sites. Thisinitiative should also be able to restore and protect their income andlivelihood during their initial transient condition following the relocation.
b. The “facilitation” should not only focus on improving skill to restoreincome and livelihood, but, for improving its effectiveness, should be
57
managed within a community development perspective. With this view,the program should be conducted in 4 phases: (1) increasing the APs’awareness of the situation, (2) helping APs to recognize their strengthsand potentials, (3) improving and nurturing the strength throughtrainings (which already been designed), and (4) protecting andinstitutionalizing the improved condition.
217. It is agreed, under ADB Resettlement Framework, the compensationthat given to both legal and illegal settlers considering opportunity cost. Everyimpact or loss that occurs should be assessed regarding the lost benefit. It isshown in project entitlement. Therefore, compensation for structure, provision oftransport, and provision of transition subsistence, should be given under nodiscriminative circumstances including their social economic and illegal status. Itis strongly indicated that 70.02% of AHs will not move beyond the canalrehabilitation area, especially in Kabupaten Karawang (82 respondents) andKabupaten Bekasi (71 out of 235 respondents) out of 235 respondents.Therefore, efforts at raising awareness should be seriously and systematicallyconducted to reduce moral hazard for they granting luxurious rewards to theirillegally occupy and exploit public goods and properties.
6.7 Recommendation RP Implementat ion
218. Based on the results of desk study, field research and thecorresponding analysis, some recommendations regarding RP implementationare given below:
The implementation should be conducted as soon as possible to ensurethe accuracy of data and prevent the growing uncertainties among theAHs.To comply to gender sensitivity and accountability issue, compensationshould be given in the name of both spouses of AHs, directly.In the relocation process, women and children’ interest should besafeguarded. Since most of the to-be-relocated AHs still do not havealternative sites, assistance in finding new sites should be provided toensure that women and children’ interests are taken care of, i.e.:access to water and sanitary facility, access to school, and access toresource that contributes to livelihood.
Other related recommendations have been provided in other recommendationsections
6.8 Recommendation on Part ies Handling
Resett lement Plan
219. Figure 22 below shows interconnected parties handling resettlementplan. EMA has no solid basis for assessing whether all parties play their rolesas they are supposed to be. As far as resources are concerned, thisassessment put as less important for EMA for it is also the late comer to theproject. However, during conducting assessment EMA has invaluableopportunities to communicate, interact, and cooperate with different partiesinvolved both formally as well as informally. EMA especially gratefully thanks fornotable support and assistance from PCMU. Thorough communication andsincere cooperation with DED consultants and LPM Equator in the very firstmonths of involvement, have given chances for EMA to learn the project faster.
elcoming greetings from members of RWGs to with ADB professionals, make believe that the pr
ents from its stakeholders. Greater awareness ortional negative stigma on complains and
ism in the past should be transformed into powerfuful collective actions.
2 Parties Handling Resettlement Plan
Concluding Remarks
220. It is expected by integrating community develoent design, the project would have sensitivity anent can be regarded as not only to execute good
the opportunity to:raise community awareness on the importance to reand properties with virtue,empower community potentials to confidently makedevelop capacity of both community as well as projconduct project in such a way that promote both cocommunity virtuous citizen,protect community property rights as well as public properties.
221. In addition community approach to resettlement ong conviction on the needs of good quality ted procedures such as firmed and enforceable data and information, good project governanc
and outcomes.
58
to their meetings, andproject needs greater on project delay and grievance handlingful energy accelerating
220. elopment approach toand awareness of howod project governance,
regard public goods
ke their own living,oject holders tocommunity welfare as
lic goods and
221. nt is also expected to technical instrumentalble legal instruments,nce both in terms of
59
REFERENCES
1. Asian Development Bank, Handbook on Resettlement: A Guide toGood Practice, Manila, 1998.
2. Asian Development Bank, Gender checklist: Resettlement, 2003.
3. Badan Pusat Statistik, KBJI 2002: Klasifikasi Baku Jenis Pekerjaan
Indonesia, 2002.
4. Baseline Assessment on Women’s Accessibility to Public Services
8. International Finance Corporation, Handbook for Preparing a
Resettlement Action Plan, Washington, 2002.
9. Pipino, L. L., Lee, Y. W., and Wang, R. W., Data Quality Assessment,
Communications of the ACM, Vol. 45 No. 4ve, April 2002.
60
Annex A List and Short Descript ion of
Related Project Documents
Review ed By EMA
Annex B Paper on Policy Analysis
Annex C Minutes of Meet ings Attended By
EMA
Annex D1 Paper on Analysis of AHs
Database
Annex D2 Suplement of Paper on Analysis of
AHs Database
Annex F Sampling Plan and Sampling
Frame
Annex H Paper on Gender Sensit ivity
Analysis
Annex I Paper on Analysis of Socialization
WTC Rehabilitat ion
Annex J Quest ionnaire of Survey
Annex K Paper on Resett lement In
Community Development
Perspect ive
Annex A List and Short Descript ion of
Related Project Documents
Review ed By EMA
PARAHYANGAN CATHOLIC UNIVERSITY
CENTRE FOR PUBLIC POLICY AND MANAGEMENT STUDIES (CPMS)
Sub-Contract for External Monitoring Agency
for Resettlement Plan Updating and Implementation
for West Tarum Canal Rehabilitation
LIST AND SHORT DESCRIPTION OF PROJECT DOCUMENTS
NOVEMBER 2012
Integrated Citarum Water Management Resources Invesment Project
Subcomponent 8.1: Program Management Support
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
A Comparative Survey of DAM-induced Resettlement in 50 Cases Thayer Scudder with the Statistical Assistance of John Gay
Thayer Scudder References It presents a statistical analysis of resettlement outcomes associated with 50 dams in areas of the world where most future dams will be built
A Manual on Monitoring and Evaluation for Alternative Development Projects
UNODC Regional Centre, Chiang Mai
University, and Maejo University
References
This manual intends to provide some basic information and practical guidelines on project monitoring and evaluation in order to enhance better understanding on project monitoring and evaluation
Gender Checklist : Resettlement ADB February 2003 References
This checklist is designed to assist staff and consultants in implementing the Asian Development Bank (ADB) Policy on Involuntary Resettlement (November 1995) and Policy on Gender and Development (June 1998). It will guide users in identifying and addressing gender issues in resettlement planning, implementation, and monitoring, and in designing gender-inclusive resettlement plans.
Guide to Gender Sensitive Indicatiors
Canadian International Development
Agency, August 1997
References
This Guide explains why gender-sensitive indicators are useful tools for measuring the results of CIDA's development initiatives. It concentrates in particular on projects with an end-user focus, and shows how gender-sensitive indicators can and should be used in both gender integrated and WID-specific projects, and in combination with other evaluation techniques.
Handbook for Preparing a Resettlement Action Plan
International Finance Corporation (IFC)
References
This publication, Preventive Resettlement of Populations at Risk of Disasters: Experiences from Latin America, presents case studies illustrating how various countries have incorporated this measure in innovative ways
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Handbook on Resettlement : A Guide to Good Practice
Asian Development Bank
References
.
Introduction to Gender Analysis Concepts and Steps
Hunt, J, 2004. ‘Introduction to gender analysis
concepts and steps’, Development
Bulletin, no. 64, pp. 100-106.
References
This dissertation argues that solving the internal displacement problem is crucial for building peace, and any solution to the problem of internal displacement must include institutionalized property rights for internally displaced persons (IDPs).
Involuntary Resettlement Safeguards : Project Case Studies in the Philippines
Asian Development Bank January 2008
References
The case studies presented in this report were conducted in preparation of the special evaluation study (SES)1 of the Asian Development Bank’s (ADB) 1995 Policy on Involuntary Resettlement (IR)2.
Preventive Resettlement of Populations at Risk of Disaster : Experiences from Latin America
GFDRR References
The following report and recommendation on (i) a proposed multitranche financing facility (MFF), and (ii) a proposed administration of grant to be provided by the Global Environment Facility (GEF)1, both to the Republic of Indonesia for the Integrated Citarum Water Resource Management Investment Program (the Investment Program), and (iii) a proposed administration of a portion of technical assistance (TA) for Institutional Strengthening for Integrated Water Resources Management in the 6 Cis River Basin Territory to be provided by the Government of the Netherlands and the Multi-Donor Trust Fund under the Water Financing Partnership Facility.
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Program Administration Memorandum (PAM)- Republic of Indonesia : ICWRMIP
ADB 2 September 2009
References
This Program Administration Memorandum (PAM) was prepared to assist the Government in the implementation of the Integrated Citarum Water Resources Management Investment Program (the Program), for which ADB’s Board of Directors approved a Multitranche Financing Facility (MFF) Number 0027 ($ 500,000,000) including the loan 2500 - INO OCR ($20,000,000) and 2501 - INO ADF ($30,000,000) and the technical assistance 7189 – INO ($8,000,000) respectively
Property Rights in Return and Resettlement of Internally Displaced Persons : A Quantitative and Comparative Case Study
Deniz Sert 2008 References
This Resettlement Framework has been prepared to guide in the preparation and implementation of resettlement plans for potential subprojects with land acquisition and resettlement impacts.
Report and Recommendation of the President to the Board of Directors : Proposed Multifranche Financing Facility and Administration of Grant and Technical Assitance Grant Republic of Indonesia : ICWRMIP
ADB November 2008 References
The framework and guidelines in thispaper will ensure that people affected by land acquisition who permanently or temporarily lose their livelihoods will be eligible for appropriate compensation under the Project.
Resettlement Framework : ICWRMIP
Directorate General Water Resources, Ministry of Public
Works 8 August 2008
References
This Resettlement Framework has been prepared to guide in the preparation and implementation of resettlement plans for potential subprojects with land acquisition and resettlement impacts.
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Resettlement Framework : Second Urban Primary Health Care Project in People's Republic of Bangladesh
Ministry of Local Government, Rural Development and Cooperatives of
Bangladesh October 2004
References
The Resettlement Plan is formulated in accordance with the Land Law of the People’s Republic of China (2004), Notice on Strengthening Reform to Strict Land Management Promulgated by State Council (No.: GF [2004]28), relevant Anhui Provincial policies, Involuntary Resettlement requirements of the Asian Development Bank Safeguard Policy Statement (2009).
Resettlement Plan : Anhui Chao Lake Environmental Rehabilitation Project
The Wuwei Government June
2012 References
The RP outlines the objectives, policy principles and procedures for land acquisition, compensation and other assistance measures to be provided for persons who will experience resettlement effects when the DWSSDP is implemented
Resettlement Plan : Dhaka Water Supply Sector Development Program
Dhaka Water and Sanitation Authority
June 2007 References
This resettlement policy is to avoid or minimize impacts on people’s sources of livelihood. Since majority of the main structures that the Project will adversely affect are used for business, the Project resettlement policy putsmuch emphasis on ensuring that the affected people (APs) are able to continue with their livelihood during and after construction with minimal, or no, disruption in their business operation.
Resettlement Plan : Great Mekong Subregion Northwestern Provincial Road Improvement Project
Government of Cambodia May 2009
References
This Resettlement Plan is based on the Land Administration Law of the People’s Republic of China (2004), Decision of the State Council on Deepening Reform and Strictly Enforcing Land Administration (Ref. No. GF[2004] 28), related policies of Guiyang City and Guizhou Province, and ADB’s Policy on Involuntary Resettlement.
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Resettlement Plan : Guiyang Integrated Water Resources Management Sector Project
Black & Veatch Ltd September 2006
References
This paper describe the Resettlement Plan for The Duc Hoa Main Canal project. It is about 17.68 km in length, passing through Trang Bang district of Tay Ninh Province, Cu Chi district of HCMC and Duc Hoa district of Long An province, and will deliver water to the Duc Hoa Irrigation area benefiting a command area of approximately 13,821 ha. Up to 13,500 households are expected to benefit from the improved irrigation facilities.
Resettlement Plan : Phuoc Hoa Water Resouces Project
Project Management Board for Investment and Construction of
Agriculture and Rural Development of Tay Ninh Province, April
2012
References
The purpose of this updated LARF is to define procedures, consistent with SPS and LAA for planning and implementing all land acquisition and resettlement (LAR) tasks for the projects under the MFF program.
Resettlement Plan : Punjab Irrigated Agriculture Investment Project (PIAIP)
Punjab Irrigation Department,
Government of Pakistan February
2012
References
This Resettlement Plan has been prepared in tune with the ADB Handbook on Resettlement and the agreed Resettlement Framework (RF). The primary objective of this Resettlement Plan is to mitigate the adverse impacts of the intervention and to assist the Affected Persons in resettlement and restoration of their livelihood.
Resettlement Plan : Rajasthan Urban Sector Development Investment Program - Widening and Strengthening of Various Roads at Sikar Town Subproject
Local Self Government
Department of India September 2012
References
The resettlement plan (RP) is prepared according to the People‘s Republic of China‘s Land Administration Law (2004) and the related national, provincial, and municipal policies and regulations, as well as in compliance with ADB‘s Safeguard Policy Statement (2009).
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Resettlement Plan : Shaanxi Weinan Luyang Integrated Saline Land Management Project
The Weinan City Government October
2012 References
This report examines how well young offender institutions (YOIs) holding young men (aged 15 to 18 years) work with youth offending services and other relevant agencies to ensure that the accommodation and education, training and employment (ETE) resettlement needs of sentenced young men are met in custody and on release, including the use of release on temporary licence (ROTL).
Resettlement Provision for Children and Young People
HM Inspectorate of Prisons June 2011
References
to 18 years) work with youth offending services and other relevant agencies to ensure that the
Special Evaluation Study on the Policy Impact of Involuntary Resettlement
Asian Development Bank September
2000 References
accommodation and education, training and employment (ETE) resettlement needs of
Strategic Environmental Assessment (SEA) : ICWRMP
Nippon Koei Co, Ltd and Associates
Tranche 6 December 2006
References sentenced young men are met in custody and on release, including the use of release on
UNHCR : Projected Global Resettlement Needs 2012
UNHCR, 2011, Geneva
References temporary licence (ROTL).
Grant Aggrement "Citarum Watershed Management and Biodiversity Conservation" between Republic of Indonesia and Asian Development Bank - Grant Number 0216-INO
GOI and ADB Public Information This is a Grant Agreement between GOI and ADB for Citarum Watershed Management and Biodiversity Conservation Project
Loan Aggrement ICRWMIP between Republic of Indonesia and Asian Development Bank - Loan Number 2500-INO
GOI and ADB Public Information This is a Loan Aggrement between GOI and ADB for ICWMIP
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Pengelolaan Sumber Daya Air Terpadu di Wilayah Sungai Citarum
BBWSC and PCMU Public Information This is a brochure that explaining the information about Citarum Roadmap
Public Information Booklet : IWCRMIP Directorate General of Water Resources
Public Information This is a brochure that explaining the information about Citarum Roadmap
Ringkasan Utama Untuk Program Investasi Sumber Daya Air Terpadu Wilayah Sungai Citarum
RCMU and PCMU March 2010
Public Information This is a brochure that explaining the information about Citarum Roadmap
Roadmap untuk Pengelolaan Sumber Daya Air Terpadu Wilayah Sungai Citarum
RCMU and PCMU March 2010
Public Information This is a brochure that explaining the information about Citarum Roadmap
Siaran Pers Aliansi Rakyat untuk Citarum
ARUM Public Information
Keputusan Bupati Karawang Nomor 592.2/Kep.257-Huk/2009 tentang Klasifikasi Harga Standar Bangunan di wilayah Kabupaten Karawang
GOI Regulations
This study evaluates the relevance, adequacy, and effectiveness of the IRP and its implementation. The objectives are to enhance ADB’s future portfolio development and management, and to provide feedback to enhance IRP implementation in future projects.
Keputusan Bupati Bekasi Nomor 521/Kep.208-Diperta/2010 tentang Harga Dasar Ganti Rugi Tanaman bagi Pelaksanaan Pembangunan untuk Kepentingan Umum di Wilayah Kabupaten Bekasi
GOI Regulations
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum
GOI Regulations
This report summarizes the resettlement activities of UNHCR of ces worldwide in 2010. The information for this report is drawn from the UNHCR Resettlement Statistical Reports (RSR), which are submitted by UNHCR country of ces on a quarterly basis
Keputusan Bupati Bekasi Nomor 640/Kep.31.A-DPPB/2008 tentang Standar Harga Bangunan dan Spesifikasi Bangunan untuk Harga Tertinggi Proyek Pembangunan Pemerintah dan Ganti Rugi terhadap Bangunan Umum Atau Bangunan Milik Pemerintah yang Terkena Proyek Pembangunan di WIlayah Kabupaten Bekasi tahun 2008
GOI Regulations
Keputusan Bupati Karawang Nomor 910/Kep.554-Huk/2007 tentang Standar Satuan Harga Barang dan Jasa dalam Pelaksanaan APBD tahun Anggaran 2008
GOI Regulations
Peraturan Direktur Jendral Perbendaharaan Nomor 42 Tahun 2009 tentang Petujuk Pelaksanaan Penyaluran dan Pencairan Dana Pinjaman ADB no. 2501-INO (SF) ICWRMIP-P1
GOI Regulations
SK Walikota Bekasi Nomor 520/Kep. 333-Dispera/VII/2010 tentang Penetapan Harga Dasar Tanaman untuk Pembayaran Ganti Rugi Tanaman di kota Bekasi
GOI Regulations
Surat Bupati Bekasi perihal Pemberitahuan Tenggat Waktu Penghitungan Orang Terkena Dampak Rehabilitasi Saluran Tarum Barat
Bupati Bekasi Mei 2008
Regulations
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Surat Bupati Karawang perihal Penentuan Tenggal Waktu Pendataan Orang Terkena Dampak Rehabilitasi Saluran Induk Tarum Barat
Bupati Karawang 30 Mei 2008
Regulations
Surat Sekretaris Daerah kota Bekasi perihal Pemberitahuan Tenggat Waktu (Cut off date) Penghitungan Orang Terkena Dampak Rehabilitasi STB
Sekretaris Bekasi 30 Mei 2008
Regulations
Additional Survey and Consultation to the Affected People in Preparation of Resettlement Plan for The West Tarum Canal Rehabilitation
ICWRMP 2007 Consultant's Report
The objective of this survey and consultation to the Aps are as follow : 1. To asses APs who are included poor category and who are included non poor category 2. To update the lost of impact of WTC rehabilitation 3. To Asess alternative of appropriate solution for all impact (compensations). 4. To estimate the total compensation budget.
Daftar RTD per Desa dan Total Nilai Aset
DED Consultant 17 April 2012
Consultant's Report
This manual intends to provide some basic information and practical guidelines on project monitoring and evaluation in order to enhance better understanding on project monitoring and evaluation
Daftar Tracer per Desa dan Total Nilai Aset
DED Consultant 17 April 2012
Consultant's Report
This additional survey was made to collect more detail information related to matrix entitlement. The result of survey will be used by GOI and ADB to take decision in update the Draft RP of WTC Rehabilitation.
Data Sensus 2008
DED Consultant
Consultant's Report
The Database of Sensus 2008
Database SC2.1 WTC 2012 DMS 7 DED Consultant 12
August 2012 Consultant's Report The database of Detailed AH's
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Database Sosek DED Consultant 9
Augst 2012 Consultant's Report
The Database of Socio Economic Warum Tarum Canal Final
Database Sosek WTC Final DED Consultant 12
Juni 2012 Consultant's Report
The Database of Socio Economic Warum Tarum Canal Final
Draft Database Angkatan Pelatihan RTD WTC ver 01
DED Consultant 9
April 2012
Consultant's Report
Draft Final RP DED Consultant 21
September 2012 Consultant's Report
RP Updating from DED Consultant, Updating information related to resettlement plan that will be implemented by GOI
Draft Keputusan Gubernur Jawa Barat tentang Skema Pemberdayaan Masyarakat bagi Rumah Tangga Terkena Dampak Khusus Rehabilitasi Saluran Tarum Barat yang dilaksanakan oleh BBWSC, Kementrian PU, di Kabupaten Karawang, Kabupaten Bekasi dan Kota Bekasi.
DED Consultant Consultant's Report
Draft Penghitungan Biaya Penggantian Aset dan LRP ver 01
DED Consultant 9 April 2012
Consultant's Report Final Draft of RP Updating created by DED Consultant, published on September 2012
This checklist is designed to assist staff and consultants in implementing the Asian Development Bank (ADB) Policy on Involuntary Resettlement (November 1995) and Policy on Gender and Development (June 1998). It will guide users in identifying and addressing gender issues in resettlement planning, implementation, and monitoring, and in designing gender-inclusive resettlement plans.
List and Description of Project Documents
Name of Project Documents Published by Categorizes Description
Laporan Design Program Pemberdayaan WTC rev 2
DED Consultant 12 April 2012
Consultant's Report Progress Report about design program WTC
Peta Situasi Penanganan Rehabilitasi WTC
DED Consultant Consultant's Report
This Guide explains why gender-sensitive indicators are useful tools for measuring the results of CIDA's development initiatives. It concentrates in particular on projects with an end-user focus, and shows how gender-sensitive indicators can and should be used in both gender integrated and WID-specific projects, and in combination with other evaluation techniques.
Petunjuk Teknis Penanganan Rumah Tangga Terkena Dampak Rehabilitasi Saluran Tarum Barat
DED Consultant Consultant's Report Intent of this Handbook was to document the essential steps for best practice in designing and implementing resettlement action plans
Report of Replacement Cost Study DED Consultant 15
April 2012 Consultant's Report
The Handbook describes the resettlement process and operational requirements within the Bank’s project cycle.
Resettlement Plan - Draft for Consultation - ICWRMIP
Directorate General of Water Resources
11 August 2008 Consultant's Report
This Resettlement Plan is Resettlement Plan 2008 that formulated between GOI and ADB for implementing Resettlement WTC Program
Summary List of AHS 2012 DED Consultant 2
May 2012 Consultant's Report
This article outlines the essential steps that need to be addressed to undertake gender analysis for each of the different levels referred to above, and draws on concepts from a number of different frameworks.
Tabel Segresi Sosek WTC DED Consultant 9
Augst 2012 Consultant's Report
The case studies presented in this report were conducted in preparation of the special evaluation study (SES)1 of the Asian Development Bank’s (ADB) 1995 Policy on Involuntary Resettlement (IR)2.
Tracer Methodology Draft DED Consultant Consultant's Report Explaining about the methodology of tracer survey that implemented by DED Consultant
Annex B Paper on Policy Analysis
PARAHYANGAN CATHOLIC UNIVERSITY
CENTRE FOR PUBLIC POLICY AND MANAGEMENT STUDIES (CPMS)
Sub-Contract for External Monitoring Agency
for Resettlement Plan Updating and Implementation for West Tarum Canal Rehabilitation
WORKING PAPER
POLICY ANALYSIS
Resett lement polic ies:
A review of ADB’s framew orks and GoI ’s
regulat ions
NAME OF CONSULTANT:
INDRASWARI
with kind assistance of FITRIANA HAPSARI PUTRI
NOVEMBER 2012
Integrated Citarum Water Management Resources Invesment Project
Subcomponent 8.1: Program Management Support
Resettlement policies:
A review of ADB’s frameworks and GoI’s regulations
Abstract
This paper reviews policies on resettlement within the context of the rehabilitation
program of Integrated Citarum Water Resources Management Investment Program
(ICWRMIP), held under the responsibility of Directorate General of Water Resources,
Ministry of Public Works.
Policies which are reviewed belong to the main parties who are responsible for the
program i.e. the Asian Development Bank’s (ADB’s) frameworks on resettlement and the
Government of Indonesia’s (GoI’s) regulations on resettlement.
Both the ADB’s framework and GoI’s regulations stipulate that involuntary resettlement
shall be avoided. Should there is no other options, affected persons (APs) should be
provided with compensation.
The differences between ADB’s frameworks and GoI’s regulations on resettlement lie on
three areas. First, it is about APs’ legal rights of their assets which are the main
requirement for compensation according to GoI’s regulations. Based on ADB’s
frameworks such rights are not required. However the latest Presidential Decree number
71/2012, article 26, opens possibility for those with no legal rights (to receive
compensation) by providing certain mechanism to overcome the problem of lack of legal
rights. Second, GoI’s regulations have no specific measurements to accommodate the
special needs of women headed households, the disabled and the elderly, while ADB’s
frameworks have. Third, GoI’s regulations have no specific measurement for rehabilitation
of APs livehood post resettlement.This measurement is inseparable according to ADB’s
frameworks.
This paper recommends that for policy formulation, there is a need to accommodate
those with no legal rights for compensation (which is solved by Presidential Decree
number 71/2012), as well as to accommodate the special needs of vulnerable groups
such as women headed households, the disabled and the elderly. As for policy
implementation, improvement of the administrative system and burreaucracy is needed
especially that relates to compensation’s distribution.
1. Introduction
This paper examines policies which are related to the resettlement of people who live
along the West Tarum canal. The resettlement is part of the rehabilitation program of
Integrated Citarum Water Resources Management Investment Program (ICWRMIP), held
under the responsibility of Directorate General of Water Resources, Ministry of Public
Works.
This program consists of several stages within 15 years period and covers the whole area
of Citarum river. Administratively it covers Karawang regency, Bekasi regency and Bekasi
city. The length of the West Tarum canal is 54.2 km, started from Karawang regency to
Bekasi city.
The rehabilitation of West Tarum canal aims to improve the provision of clean water
supply for people living in the surrounding area as well as to improve agricultural products
and water supply for Jakarta.
In Karawang regency, Bekasi regency and Bekasi city, a Resettlement Working Groups
(RWGs) has been established and consists of various parties involved in the program.
The rehabilitation of West Tarum canal including land acquisition of areas on the left and
right sides of the river of six meters each. Based on the survey in 2008 there will be 20
government assets and 872 households which are affected by the project. As many as
515 out of the 872 households are to be relocated, none of them have legal documents to
prove their ownership of the land where they live.
The resettlement plan of 2008 needs to be renewed due to the development of the project
and with consultation with the affected persons (APs). The main principle of the
resettlement is to ensure that post resettlement, APs’ livelihood is not getting worse and
to allow them to take advantages of the project. APs who are entittled for compensation
are those who are registered in the Resettlement Plan based on the survey in 2008,
identified in the updated survey in the following years and those who are relocated by
local government within the period of 2009-2011.
2. ADB’s framework
Based on ADB’s Handbook of resettlement, basic principles of ADB’s frameworks are as
follow:
• Involuntary resettlement should be avoided/minimized
• AP’s shall be provided with compensation and rehabilitation
• Lack of legal rights to assets will not bar the AP’s from compensation and
rehabilitation
• Replacement of affected assets shall be provided at their current market values and
without depreciation
• Resettlement plans shall be carried out with participation and consultation with APs
• Schedule of budget for Resettlement Plan and implementation must be incorporated
into the overall project.
• Payment of compensation must be completed prior to the award of work contract.
• Rehabilitation measure must also be in place but not necessarily completed prior to
the award of work contract,
• Compensation and rehabilitation assistance for ethnic minorities and socially
disadvantaged such as women headed households, the disabled and elderly will be
carried out with respect for their special needs
These basic principles apply to resettlement program in any countries where ADB’s projects
apply such as China, India, and Bangladesh. In these countries, as is the case of Indonesia,
problems usually occur at implementation of policies, in particular the compensation’s
distribution.
3. GoI’s policies
National policies which directly relate to resettlement/rehabilitation of West Tarum canal are
law (UU) number 2/2012 on procurement of land for development and for public interest. A
latest instrument most relevant to resettlement which is a derivative of the law is Presidential
Decree number 71/2012 on procurement of land for development and public interests. Other
instruments are Presidential decree number 65/2006 which is the revised version of
Presidential decree number 36/2005.
Other national policies that indirectly relate to resettlement/rehabilitation of West Tarum canal
are government regulation number 26/2008 on spatial plan and agrarian law number 5/1960.
Basic Principles of these policies are:
• Procurement of land for development for the public interest is possible through
discharge (pelepasan) and cession (penyerahan) of land rights. This may take form
of sale, purchase and swap.
• The discharge and cession of land rights should be conducted voluntarily.
• Compensation may take form of cash, land replacement, resettlement, combination
of all of them and other possible form as agreed by related parties.
• Compensation are given based on the principle of legal and formal such as provision
of legal documents for assets which are compensated.
• The spirit of the latest Presidential Decree number 71/2012 is basically the same i.e.
provision of legal documents for assets to be compensated. However this decree
provides mechanism for those with no legal rights to receive compensation. Such
mechanism is specifically stated at article 26 which says “ In case there is no proof of
legal ownership of land as stated in articles 21 and 23, the land owner may still
forward a written statement that a land is his/hers and supported by two witnesses
from the surrounding area where the land is located. The witnesses must be those
who do not have kinship relation with the owner up to level two, vertically and
horizontally.
4. Compensation
As is the case of resettlement programs in developing countries (China, India,
Bangladesh etc), in Indonesia problems often occur on technicalities of payment of
compensation to APs such as the amount of compensation, who should be paid for how
much, and poor data of APs.
For compensation, problems usually occur on disagreement between the government
and APs on the amount of the compensation. APs often ask for a larger amount of
compensation than those allocated by the government. Prolong disagreement leads to
postponement of payment and execution of other related programs. On the APs part, this
leads to dissatisfaction, some turn into conflict.
As for rehabilitation/restoration program of APs’ livelihood, not all of them implemented as
it should be which leads to impoverishment of APs which is againts the spirit of the
policies. In brief, similarities, differences and problems of policy implementation between
ADB and GoI are visualized in the following diagrams.
5. Practical recommendation on Policy of GoI
On part of GoI’s regulation, there should be revision on policy formulation to accommodate
rehabilitation of APs livelihood post resettlement. The revision aims not only to be in line with
ADB’s framework on resettlement, but for policy improvement and to ensure that resettlement
will not lead to the impoverishment of the poorest of the poor, including those who have no
legal rights to the assets and the vulnerable groups. The fact also shows that none of the 515
(out of the 872 households) who are to be relocated has legal documents to prove their
ownership of the land along the West Tarum canal where they live.
For policy implementation, there is a need to improve the administrative and bureaucratic
system of resettlement, especially that relates to compensation’s distribution.
In bureaucratic system, emerging issue that needs to be addressed effectively is overlapping
authorities of each GoI’s stakeholder. There are some strategic issues of cooperation among
involved agency as follows:
1. Management area
The various numbers of institutions that involved in this particular project inflict conflict
of authorities and interest. Each of the involved institution works on different
framework and has its own authorities.
2. Lack of understanding
Each of project implementer has different knowledge toward this project, certainly it
affects the way they work. They don’t share common value, vision and mission.
3. Conflict of interest
Some of conflict of interest that emerged such as utilization of river water, economic
and environmental control, law enforcement, preserving watershed, preserving
agricultural and function of each organization (which are involved in the project).
4. Commitment
Lack of sense of belonging of each stakeholder who are involved in the project.
These issues need further research as they relate directly on the succeed of this project.
Based on these particular problems, there are some policies at national and regional levels
which can be the basis of recommendation, as follow:
- Government Regulation No 38 Years 2007
- Government Regulation No 19 Years 2010
- West java Province Regulation No 9 Years 2008
- West java Province Regulation No 24 Years 2010
- West java Province Regulation No 2 Years 2009
- West java Province Regulation No 25 Years 2010
- West java Province Regulation No 9 Year 2010
- West java Province Regulation No 7 Years 2010
- West java Province Regulation No 22 Years 2010
These regulations do not directly relate to resettlement. They are about cooperation
among regions, development planning, conflict resolutions among regions, spatial plan
and infrastructure.
The main points of these regulations are about who are in charge in coordinating all
government agencies which are involved in its project. Based on this regulation,
provincial governor as the representative of the government, should direct those
agencies and local governments in the regions (involved in project) and should supervise
project execution.
As for the recommendation, it is essential to strengthen the role of the governor in the
project implementation. Governor should facilitate monthly meeting with all related
agencies that are involved so that they are able to share the same value (vision and
mission) and carry those value to their works, as well as in addressing compensation
issues.
6. Conclusion
In conclusion, regarding compensation, it shoudl be negotiable. The main point to be
addressed is how to make local governments understand about resettlement framework
which reflect national government and ADB’s interest. Unfortunately, there is a gap between
national, provincial and local government’s understanding toward this project. This is due to
RF discussion which occurs at national level and lack of distribution of information to related
agencies. Based on an agreement between ADB and GoI, the latter needs to comply ADB’s
provision.
Lastly, the institutions that should take the lead to facilitate both government’s people’s
interest are provincial government. Governor should become the facilitator to ensure that this
project will succeed.
With regard to compensation issues, the best compensation is compensation that reflected
community’s requisite. Based on Socio Economic 1, the compensation that represents WTC
people expectation is business capital or active assets. Most of the people have desire to
open small businesses and building community development through training. This type of
compensation should be carried out strictly by provincial government.
Province
Governor
Supervising
Controlling
Bekasi City
Karawang District
Bekasi District
Provincial and
Distric Health
Services Provincial District
Environemntal
Services
Provincial District
Foresty Services
Provincial District
Mines and Energy
Services
Provincial District
Water Resources
Services
Provincial and
Distric Planning and Development
Agency
BBWSC
GoI’s
stakeholder
Strategic Issues: - Management Area
- Lack of Understanding
- Conflict of interest
- Lack of Commitment
Should be addresed by
Province Governor as
the Government
representative
Annex C Minutes of Meet ings Attended
By EMA
PARAHYANGAN CATHOLIC UNIVERSITY
CENTRE FOR PUBLIC POLICY AND MANAGEMENT STUDIES (CPMS)
Sub-Contract for External Monitoring Agency
for Resettlement Plan Updating and Implementation
for West Tarum Canal Rehabilitation
MINUTES OF MEETING ATTENDED BY EMA
Subcomponent 8.1: Program Management Support
Integrated Citarum Water Management Resources Invesment Project
NOTULEN PERTEMUAN MINUTES OF MEETING
Judul Pertemuan
Pembahasan dan Negosiasi Proposal Teknis EMA Meeting Tittle
Discussing and Negotiating Technical Proposal
Date Monday, 20 February 2012 Attendants PCMU Team, Egis Team, EMA Team
Venue / Tempat Meeting Room BBWSC Bandung Note taker Sherlywati
Agenda :
Pembahasan dan negosiasi proposal teknis EMA
berdasarkan TOR
Discussing and negotiating technical proposal of
EMA based on TOR
Ringkasan Rapat :
Bapak Pius menyampaikan secara ringkas isi
dari proposal teknis yang telah disusun oleh
tim UNPAR kepada tim EGIS; mulai dari work
plan schedule, personel composition, dan
financial proposal. Bapak Geofrey menanggapi beberapa hal
2 LITERATURE IN RESETTLEMENT ........................................................................................ 3
3 DESIGNING THE LRP ......................................................................................................... 3
UPDATING AHS DATA ................................................... ................................................... ............... 6 SOCIOどECONOMIC SURVEY ................................................... ................................................... ......... 6 CATEGORIZING THE AHS ................................................... ................................................... ........... 6
4 QUALITY OF THE AHS DATABASE ...................................................................................... 7
5 VALIDITY OF THE DATABASE ........................................................................................... 12
RELOCATION CATEGORIES VS AHS CATEGORIES ................................................... .............................. 12 CUTどOFF DATE VS AHS CATEGORIES ................................................... ............................................. 13 ECONOMICS STATUS VS INCOME CATEGORIES AND AHS CATEGORIES ................................................... .. 15 ECONOMIC ACTIVITIES OF THE AHS ................................................... .............................................. 16
1 Background Final LRP Design report was prepared by Equator Consultant Agency in 2012. The report stated some background of the project (Equator, 2012). Some keys background are listed in the following paragraph.
The project regards the Citarum river, which is being a largest in West Java Province. The river flows along the 350 km, started from Mount Wayang (Bandung District) and end at the Tanjung area (Karawang District).
The Citarum river has an important role for social and economic life for West Java and Jakarta, as source of drinking water, agriculture irrigation, fisheries, electic power generator, and also major supplier of water for industrial.
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The last twenty years, the environmental conditions and water quality along the Citarum getting worse. Within this length of time, the population, settlements and industrial activities along the watershed grow and develop rapidly.
The West Tarum Canal is part of the Catarum river, which is covering area of Karawang District, Bekasi District, and Bekasi City, which overall length is 54,2 km. The project focus on a rehabilitation of West Tarun Canal (WTC). The main goal of WTC rehabilitation project is to improve clearn water supply and sanitation to families along the canal, increase agriculture productitivity, and improve water supply to Jakarta.
The rehabilitation project implementation will affect residents along the canal who live in the left and right embankment. They are households (affected households � AH) which have no legality to stay in the affected area, but in contrary, the ADB policy urge the Government of Indoneisia (GOI) to provide a compensation and restoration of their socialどeconomics conditions. As part of the rehabilition project, it has been design the Livelihood Restoration Program (LRP), which contains :
a. Design the alternative policy to handle AHs as the impact of WTC Rehabilitation
b. Design the empowerment strategy as the guidline to restore the livelihood of AHs.
c. Design the detail implementation management of LRP to as an effort to restore affected household�s social and economy condition. Development activities are conducted in form of training and follow up assistances. Training is held according to community�s need to improve their knowledge and skills in a business sector. They should be able to use them for improving their livelihood and economy.
d. Design the facilitation of LRP
The LRP was designed in several stages, such as updating AHs data, socioどeconomic survey, focus group discussion (FGD), consultation to SKPD/RWG regarding the proposed program, and categorizing AHs.
The LRP is designed to be implemented into AHs. Whatever the LRP, but it can be successfully implemeted depend on the validity of the AHs. One factor that affect the validity of the AHs is cutどoff date.
This paper aims to evaluate a process in updating AHs, socioどeconomic survey, and categorizing AHs. The evaluation result may give insight regarding an important of the validity of the AHs databse.
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2 Literature in resettlement There are two types of resettlement, which is voluntary and involuntary resettlement (Asthana, 1996). There are two factors affecting these types of resttlement, which is the anthropologist consider it as pull and push factors. The involuntary resettlement is mainly caused by push factors, such as natural disaster, conflict, war, or public development project. Asthana (1996) discussed this issues and shows data of resettlement which was caused with dam project in some countries from 1950ど1990.
Resettlement caused by public project has been discussed thoroughly, such as Asif (2000) explored some perspective of affected persons. One crucial aspect most concerned were assured of a means of livelihood. Others such as Shami (1993) discussed some social implication of the resettlement which focus on the Arab Middle East cases. A few literatures were in Indonesian cases, such as in Tirtosudarmo (1997) which only discussed on internal migration.
It is interesting to cite the Cernea (2007), which he said that
Adequate rehabilitation and the proper resettlement of those displaced as part of developmentどinduced displacement have always been a difficult issue to resolve. The method usually favoured by governments has been to offer compensation, but this is never sufficient, for such sums accrue to the ultimate project costs and the invariable tendency is to minimise these.
Furthermore, the author also underlining statement that developmentどcaused involuntary resettlement need to look at a betterどcapacity to succeed, such as better in institutional and financial capacity. The stressing was at institutional capacity to succeed the development. On the other hand, the author also proposed a strategy as part of compensation. The strategy was a benefitどsharing mechanism, where a local community were given a chance to access a facility being developed.
3 Designing the LRP Livelihood Restoration Program (LRP) is a crucial stage in rehabilitation of the West Tarun Canal. The rehabilitation project is under the umbrella of the Integrated Citarum Water Resource Management Investment Program (ICWRMP). It is assisted with funding from the Multitranche Financing Facility (MFF) of the Asian Development Band (ADB).
The ADB has a set of strict rules which has to be obeys by GOI on involuntary resettlement that are aimed at helping ensure that a project contributes to the reduction of poverty. Project funded by the ADB should provide an opportunity for the marginal, such as AH, to at least maintain their living standards.
ね
Part of the implementation of the ICWRMP, the GOI has adopted the Resettlement Framework (RF) for the ICWRMP as a remedial policy measure, in order to help ensure that AHs are able to rehabilitate themselves to at least their preどproject conditions.
The LRP targets on the AHs. The validity of the AHs database is critical. How was the AHs database setted up ? Setting up the AHs database
Figure 1. Steps of the LRP design
Final report by EQUATOR (2012) has defined some characteristics of the AHs, which are briefly listed as follow,
ど All the AHs that residing, working, doing business and/or cultivating land within the corridor of impact (3ど6 m from the edge of top embarkment (left side) and 6ど8 m from the edge of top embankment (right side) as mentioned in the in the final DED of WTC.
ど AHs that have assets (building, trees and seasonal crop) located within the affected corridors in Citarum/Curug exどriver, Cibeet exどriver, Cikarang exどriver and Bekasi exどriver or other governement lad that has been planned and design on DED 2011 as disposal area).
ど All the AHs that residing, working and/or cultivating land within the disposal area as proposed in the final DED of WTC.
ど AHs evicted by local governments after the cut off date and have been traced during tracing period (December � January 2012).
The AHs definitions is a crucial step, and should be informed to all stake holder, such as affected individu, local government officer, and other interested party.
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The definition has to be discussed and negotiated among the stake holder. It should be stated and agreed together.
The AHs are classified into three category based on the level of impact. The AHs categories are severely AHs, non severely AHs with medium impact, and non severly AHs with low impact (detail in Table 1).
Table 1. Classification scheme on level of impact and type of delivered compensation (Equator, 2012).
No Type of Scheme of LRP Received
Category I (Low Impact)
Category II (Medium Impact)
Category III (Sever Impact)
1 Compensation of Assets Yes Yes Yes 2 Transportation (Relocation)
allowance No No Yes
3 Transition allowance (Jaminan Hidup)
No Rice for 7 days Rice for 3 months
4 Training to increase livelihood Yes Yes Yes 5 Access to water and electricity No No Yes 6 Relocation facilitation No No Yes 7 School allowance for children No No Yes 8 Facilitation Yes Yes Yes
The classification was derived using procedure which is defined in Figure 2. There are several step involved, but a crucial step was tracing the AHs registered in cutoff date 2008 that are affected by District of Bekasi.
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Figuer 2. Updating and designing of LRP
UpdatingAHsdataThis step is fulfilled by conducting Inventory of Losses (IOL) survey. The IOL survey is conducted to detail the affected assets of AHs, to update the ownership of assets then estimate the replacement cost for each AHs.
Tracing the AHs registered in cutoff date 2008 that are affected by District of Bekasi. Tracing is aimed to find the AHs that was evicted by District of Bekasi Government and assure that the AHs being registered in updating data 2011ど2012. The tracing AHs will be addressed the same as AHs of IOL survey.
Socio┽economicsurveySocioどeconomic survey is aimed to obtain general picture of socioどeconomic information of AHs. The information will be considered as the input for designing the type of LRP that most suitable for AHs.
CategorizingtheAHsAHs categorize based on the level of impact to their assets. The AHs categorize in 2 (two) type as follows:
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a. Severely AHs, is the AHs whose more than 10% of their main livelihood/income affected by project. This AHs with Sever impact that should be relocated.
b. Non Severely AHs, is the AHs that should not be relocated. This AHs received low and medium impact but still feasible to stay.
4 Quality of the AHs database One the quality issue of the database is consistency in defining the scale of characteristics being observed/measured. Some characteristics are presented in the following Figures 3. An example for the status of the AHs were varied accross the different cutどoff date (or situation being observed). It seems some human errors were occured when inputing the data. The same errors were also occured in others characteristics.
(a)
(b)
Figure 3. Inconsistency in defining the categories
OTD
Bar
u di R
OW
200
8
OTD B
ARU D
ED
OTD B
ARU D
ED
OTD
Bar
u DED
OTD
bar
u DED
Otd
Bar
u de
d
Otd b
aru
ded
OTD
200
8
40
30
20
10
0
statusotd
Pe
rce
nt
Chart of statusotd
Percent within all data.
Tidak BeresikoSakit ParahJompojompoJandajanda
80
70
60
50
40
30
20
10
0
statusr
Pe
rce
nt
Chart of statusr
Percent within all data.
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(a)
(b) Figure 4. Unclear about value of the characteristics/categories
Figure 4 shows a common error within the database. In this situation the value is relevant with the characteristics, e.g. income for 87,5 million rupiah. But the value is apparently irrelevant compare with others. A similar situation in Figure 4 b.
Other issues may affect the quality of the database are in handling a complexity of the database, such number of cases and characteristics. For large database which contains a large number of cases and characteristics, should be handled using an appropriate database software.
Other more complex example is In the following categories of jobs/activities of the persons wihtin the AHs.
87,575,062,550,037,525,012,50,0
60
50
40
30
20
10
0
income (in million rupiah)
Pe
rce
nt
Histogram of income
SedangRinganRelokasiBerat
50
40
30
20
10
0
kategori
Pe
rce
nt
Chart of kategori
Percent within all data.
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Tally for Discrete Variables: pekerjaan pekerjaan Count Percent
bertani 2 0,18
Bertani 93 8,33
Bertani 1 0,09
Bertani 2 0,18
Bertani 1 0,09
Bertani/ Peternak 1 0,09
Bertani/Ternak 88 7,88
Buruh 3 0,27
Buruh / Serabutan 2 0,18
Buruh bangunan 2 0,18
Buruh Bangunan 12 1,07
Buruh Bongkar Muat 1 0,09
buruh cuci 1 0,09
buruh cuci motor 1 0,09
Buruh Limbah 1 0,09
buruh pabrik 1 0,09
Buruh Pabrik 2 0,18
Buruh proyek 1 0,09
Buruh PT 1 0,09
Buruh PU 1 0,09
Buruh serabutam 1 0,09
Buruh serabutan 1 0,09
Buruh Serabutan 11 0,98
Buruh tani 5 0,45
Buruh Tani 19 1,70
Buruh Tani Serabutan 1 0,09
Buruh/Kuli Pasir 1 0,09
Buruh/Pabrik 2 0,18
Dagang 5 0,45
dagang sembako 1 0,09
Dagang Warung Kopi 1 0,09
Dagang/Buah Keliling 1 0,09
Honorer PJT 1 0,09
Ibu Rumah tangga 1 0,09
Ibu Rumah Tangga 4 0,36
Jual buah 2 0,18
Jual burung 1 0,09
Jualan 1 0,09
jualan warung sembako 1 0,09
Karyawan Pabrik 2 0,18
Karyawan PAM 1 0,09
karyawan PT UPA 1 0,09
Ketua RT 1 0,09
Ketua RW 2 0,18
Lainnya 24 2,15
Limbah 1 0,09
Linmas 1 0,09
など
LINMAS 1 0,09
Matrial bahan bangunan 1 0,09
Menganggur 5 0,45
Nganggur 17 1,52
Ngangur 1 0,09
Ojeg 1 0,09
Ojek 2 0,18
pedagang 1 0,09
Pedagang 6 0,54
Pedagang Gado-Gado 1 0,09
Pedagang Sayur 2 0,18
Pegawai 1 0,09
Pegawai (Swasta/Negeri) 60 5,37
Pegawai Leasing 1 0,09
pegawai negri 1 0,09
Pegawai PT Toyota 1 0,09
Pegawai swasta 1 0,09
Pegawai Swasta 2 0,18
pegawai swasta/negeri 1 0,09
Pekerja 1 0,09
Pemulung Barang Bekas 1 0,09
Pengelola Café 2 0,18
Pengepul limbah 1 0,09
Pengepul Rongsokan/Barang Bekas 1 0,09
Penghulu 1 0,09
Pengrajin Batu Nisan 1 0,09
Pensiunan 6 0,54
Pensiunan IRJEN pengairan 1 0,09
Pensiunan Perairan 1 0,09
Pensiunan PJT 2 2 0,18
Pensiunan staff desa 1 0,09
Perangkat Desa 1 0,09
Perangkat Desa/KUA 1 0,09
Petani 30 2,69
Peternak 3 0,27
Petugas kebersihan kawasan 1 0,09
PNS 2 0,18
PNS Guru 2 0,18
PNS/guru 1 0,09
Salon 1 0,09
Satpam 1 0,09
Satpam PT DELTA 1 0,09
Security 2 0,18
Sekuriti 1 0,09
Sopir 1 0,09
Sopir/Buruh 180 16,11
supir 1 0,09
Supir Kontraktor 1 0,09
Supir Pabrik 1 0,09
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Supir Truck 1 0,09
Tambal ban 2 0,18
tani 5 0,45
Tani 10 0,90
Tani 2 0,18
Ternak kambing 1 0,09
Tidak Bekerja 1 0,09
Tidak kerja 1 0,09
TNI 1 0,09
Tukang ojeg 1 0,09
Usaha 381 34,11
Usaha / Dagang kacang rebus 1 0,09
Usaha / Dagang Sayur keliling 1 0,09
Usaha / Jual Beli Gabah 1 0,09
Usaha / Juru Photo 1 0,09
Usaha café 1 0,09
Usaha café dangdut 1 0,09
Usaha kayu 1 0,09
Usaha Lapak 1 0,09
usaha limbah 1 0,09
Usaha Limbah 1 0,09
Usaha steam motor 1 0,09
Usaha tani 6 0,54
Usaha Tani 4 0,36
Usaha warung 2 0,18
Usaha warung rokok 1 0,09
Usaha/Jual Genjer 1 0,09
Usaha/Stim Motor/Toko 1 0,09
Usaha/warung 2 0,18
Usaha/Warung 2 0,18
Warung kopi 3 0,27
Warung Kopi 1 0,09
Warung Kopi Dan Café 1 0,09
Warung kopi dan Steam Motor 1 0,09
Warung remang-remang 3 0,27
Warung Sayuran 1 0,09
Warung sembako 2 0,18
Wiraswasta 1 0,09
Wiraswasta pengepul limbah 2 0,18
N= 1117
*= 2
In this case, simplification of the category may be applied, hence information about job/activities of individuals are disclose clearly.
なに
5 Validity of the database Validity of the database may affect the quality of policy being developed. A good quality of policy may be implemented ideally without any conflict amongs the affected community. But in realization the conflict could be minimized by looking at some key AHs characteristics carefully, i.e cutどoff date agreement, socioどeconomic characteristics. These characteristics were cross tabulated into the category of the AHs. The category of AHs were Berat (severe), Ringan (low), and Sedang (Moderate). In the following presentation, the category of AHs is setted as a collumns and other categories are setted as rows.
The presentation may indicate there will be a minimum conflict, since the severe AHs categories were mostly relocated, only one moderates is being relocate. This tabulation indicates a situation that the data is valid since there are not severe AHs status were in �Non Relokasi�. Tabulation for each regions are also indicate the same situation, which may be observed within the table below.
Tabulated statistics: relocate; kategori_n; kab_kota Results for kab_kota = Kabupaten Bekasi Rows: relocate Columns: kategori_n
Ringan Sedang Berat All
Non Relokasi 175 83 0 258
67,83 32,17 0,00 100,00
100,0 100,0 0,0 53,4
Relokasi 0 0 225 225
0,00 0,00 100,00 100,00
0,0 0,0 100,0 46,6
All 175 83 225 483
36,23 17,18 46,58 100,00
100,0 100,0 100,0 100,0
Results for kab_kota = Kabupaten Karawang Rows: relocate Columns: kategori_n
Ringan Sedang Berat All
Non Relokasi 387 91 0 478
80,96 19,04 0,00 100,00
100,0 100,0 0,0 81,8
Relokasi 0 0 106 106
0,00 0,00 100,00 100,00
0,0 0,0 100,0 18,2
All 387 91 106 584
66,27 15,58 18,15 100,00
なぬ
100,0 100,0 100,0 100,0
Results for kab_kota = Kota Bekasi Rows: relocate Columns: kategori_n
Ringan Sedang Berat All
Non Relokasi 17 17 0 34
50,00 50,00 0,00 100,00
100,00 94,44 0,00 65,38
Relokasi 0 1 17 18
0,00 5,56 94,44 100,00
0,00 5,56 100,00 34,62
All 17 18 17 52
32,69 34,62 32,69 100,00
100,00 100,00 100,00 100,00
But other socioどeconomic characteristics reveal an interesting insight about the AHs conditions, which may lead a worst situation. Such as a cross tabulation between cutどoff date versus AHs categories as follow :
Number of the AHs in the categories were not the same from one cutどoff date to another. The AHs were a dynamics community, which may change periodically. It is indicate by the following table. The table shows that a new cutどoff date tend to increase level of AHs. For each regions are also the same and is shown below Tabulated statistics: statusotd; kategori_n; kab_kota Results for kab_kota = Kabupaten Bekasi Rows: statusotd Columns: kategori_n Ringan Sedang Berat All
OTD 2008 59 30 68 157
37,58 19,11 43,31 100,00
33,71 36,14 30,22 32,51
OTD Baru DED 23 11 46 80
28,75 13,75 57,50 100,00
13,14 13,25 20,44 16,56
OTD Baru Di ROW 2008 93 42 111 246
37,80 17,07 45,12 100,00
53,14 50,60 49,33 50,93
All 175 83 225 483
36,23 17,18 46,58 100,00
100,00 100,00 100,00 100,00
なね
Results for kab_kota = Kabupaten Karawang Rows: statusotd Columns: kategori_n Ringan Sedang Berat All
OTD 2008 102 19 26 147
69,39 12,93 17,69 100,00
26,36 20,88 24,53 25,17
OTD Baru DED 188 57 53 298
63,09 19,13 17,79 100,00
48,58 62,64 50,00 51,03
OTD Baru Di ROW 2008 97 15 27 139
69,78 10,79 19,42 100,00
25,06 16,48 25,47 23,80
All 387 91 106 584
66,27 15,58 18,15 100,00
100,00 100,00 100,00 100,00
Results for kab_kota = Kota Bekasi Rows: statusotd Columns: kategori_n Ringan Sedang Berat All
OTD 2008 2 2 4 8
25,00 25,00 50,00 100,00
11,76 11,11 23,53 15,38
OTD Baru DED 0 0 0 0
OTD Baru Di ROW 2008 15 16 13 44
34,09 36,36 29,55 100,00
88,24 88,89 76,47 84,62
All 17 18 17 52
32,69 34,62 32,69 100,00
100,00 100,00 100,00 100,00
At differenct cutどoff date, it is shown a different number of AHs within an income categories. Income characteristic of the AHs are shown in the following table, and it is found about 85% of the AHs are in the low income category. Tabulated statistics: statusotd; income_n Rows: statusotd Columns: income_n
Low Modert High All
OTD 2008 265 43 4 312
84,94 13,78 1,28 100,00
OTD Baru DED 344 27 7 378
91,01 7,14 1,85 100,00
OTD Baru Di ROW 2008 344 66 19 429
80,19 15,38 4,43 100,00
All 953 136 30 1119
85,17 12,15 2,68 100,00
This table indicates that the low income category has a largest proportion compare with other categories, hence it become crucial to handle appropriately. But who is the low income AHs?
It is interesting that the low income AHs were mostly classified as �TIDAK MISKIN� (76,3%). It shows a matter of how the data was collected and a complexity of the poverty definitions.
But in the following table, it is indicated 85,63% of the �BERAT� categories was from the �TIDAK MISKIN�.
Tabulated statistics: econ_status; income_n; kab_kota Results for kab_kota = Kabupaten Bekasi Rows: econ_status Columns: income_n
Low Modert High All
Miskin 61 0 0 61
100,00 0,00 0,00 100,00
16,1 0,0 0,0 12,6
Tidak Miskin 319 86 17 422
75,59 20,38 4,03 100,00
83,9 100,0 100,0 87,4
All 380 86 17 483
78,67 17,81 3,52 100,00
100,0 100,0 100,0 100,0
Results for kab_kota = Kabupaten Karawang Rows: econ_status Columns: income_n
Low Modert High All
Miskin 157 0 0 157
100,00 0,00 0,00 100,00
29,4 0,0 0,0 26,9
Tidak Miskin 377 40 10 427
88,29 9,37 2,34 100,00
なは
70,6 100,0 100,0 73,1
All 534 40 10 584
91,44 6,85 1,71 100,00
100,0 100,0 100,0 100,0
Results for kab_kota = Kota Bekasi Rows: econ_status Columns: income_n
Low Modert High All
Miskin 8 0 0 8
100,00 0,00 0,00 100,00
20,5 0,0 0,0 15,4
Tidak Miskin 31 10 3 44
70,45 22,73 6,82 100,00
79,5 100,0 100,0 84,6
All 39 10 3 52
75,00 19,23 5,77 100,00
100,0 100,0 100,0 100,0
EconomicactivitiesoftheAHsEconomic activities of the AHs is a crucial characteristcs in designing the LRP. The data indicates 9 (nine) groups of AHs according their economics activities, which are three prominent groups, �PEGAWAI/BURUH�, �PETANI�, and �WIRAUSAHA�. Tally for Discrete Variables: pekerjaan_1 pekerjaan_1 Count Percent
Bekerja (non permanen) 7 0,63
Lainnya 24 2,15
Pegawai/buruh 334 29,90
Pengangguran 23 2,06
Pensiunan 11 0,98
Perangkat Desa 8 0,72
Petani 239 21,40
PNS 6 0,54
Tidak bekerja 7 0,63
Wirausaha 458 41,00
N= 1117
*= 2
Tabulated statistics: pekerjaan_1; income_n
なば
Rows: pekerjaan_1 Columns: income_n
Low Modert High All Bekerja (non permanen) 7 0 0 7
Ringan Sedang Berat All Bekerja (non permanen) 3 2 2 7
42,86 28,57 28,57 100,00
0,519 1,042 0,576 0,627
Lainnya 22 0 2 24
91,67 0,00 8,33 100,00
3,806 0,000 0,576 2,149
Pegawai/buruh 206 63 65 334
61,68 18,86 19,46 100,00
35,640 32,813 18,732 29,902
Pengangguran 13 4 6 23
56,52 17,39 26,09 100,00
2,249 2,083 1,729 2,059
Pensiunan 11 0 0 11
100,00 0,00 0,00 100,00
1,903 0,000 0,000 0,985
Perangkat Desa 8 0 0 8
100,00 0,00 0,00 100,00
1,384 0,000 0,000 0,716
Petani 206 14 19 239
86,19 5,86 7,95 100,00
35,640 7,292 5,476 21,397
PNS 6 0 0 6
100,00 0,00 0,00 100,00
1,038 0,000 0,000 0,537
Tidak bekerja 5 0 2 7
71,43 0,00 28,57 100,00
0,865 0,000 0,576 0,627
なぱ
Wirausaha 98 109 251 458
21,40 23,80 54,80 100,00
16,955 56,771 72,334 41,003
Missing 1 0 1 *
All 578 192 347 1117
51,75 17,19 31,07 100,00
100,000 100,000 100,000 100,000
This result lead that the LRP would be designed to give attention into these groups. Tabulated statistics: pekerjaan_1; kategori_n; kab_kota Results for kab_kota = Kabupaten Bekasi Rows: pekerjaan_1 Columns: kategori_n
Ringan Sedang Berat All
Bekerja (non permanen) 0 1 0 1
0,00 100,00 0,00 100,00
0,000 1,205 0,000 0,207
Pegawai/buruh 41 12 23 76
53,95 15,79 30,26 100,00
23,429 14,458 10,222 15,735
Pengangguran 4 0 1 5
80,00 0,00 20,00 100,00
2,286 0,000 0,444 1,035
Pensiunan 3 0 0 3
100,00 0,00 0,00 100,00
1,714 0,000 0,000 0,621
Perangkat Desa 2 0 0 2
100,00 0,00 0,00 100,00
1,143 0,000 0,000 0,414
Petani 82 5 8 95
86,32 5,26 8,42 100,00
46,857 6,024 3,556 19,669
PNS 2 0 0 2
100,00 0,00 0,00 100,00
1,143 0,000 0,000 0,414
Tidak bekerja 0 0 1 1
0,00 0,00 100,00 100,00
0,000 0,000 0,444 0,207
Wirausaha 41 65 192 298
13,76 21,81 64,43 100,00
23,429 78,313 85,333 61,698
All 175 83 225 483
36,23 17,18 46,58 100,00
100,000 100,000 100,000 100,000
なひ
Results for kab_kota = Kabupaten Karawang Rows: pekerjaan_1 Columns: kategori_n
Ringan Sedang Berat All
Bekerja (non permanen) 3 1 2 6
50,00 16,67 33,33 100,00
0,777 1,099 1,905 1,031
Lainnya 22 0 2 24
91,67 0,00 8,33 100,00
5,699 0,000 1,905 4,124
Pegawai/buruh 164 51 40 255
64,31 20,00 15,69 100,00
42,487 56,044 38,095 43,814
Pengangguran 8 4 5 17
47,06 23,53 29,41 100,00
2,073 4,396 4,762 2,921
Pensiunan 6 0 0 6
100,00 0,00 0,00 100,00
1,554 0,000 0,000 1,031
Perangkat Desa 6 0 0 6
100,00 0,00 0,00 100,00
1,554 0,000 0,000 1,031
Petani 120 9 11 140
85,71 6,43 7,86 100,00
31,088 9,890 10,476 24,055
PNS 4 0 0 4
100,00 0,00 0,00 100,00
1,036 0,000 0,000 0,687
Tidak bekerja 5 0 1 6
83,33 0,00 16,67 100,00
1,295 0,000 0,952 1,031
Wirausaha 48 26 44 118
40,68 22,03 37,29 100,00
12,435 28,571 41,905 20,275
Missing 1 0 1 *
All 386 91 105 582
66,32 15,64 18,04 100,00
100,000 100,000 100,000 100,000
にど
Results for kab_kota = Kota Bekasi Rows: pekerjaan_1 Columns: kategori_n
Ringan Sedang Berat All
Pegawai/buruh 1 0 2 3
33,3 0,0 66,7 100,0
5,88 0,00 11,76 5,77
Pengangguran 1 0 0 1
100,0 0,0 0,0 100,0
5,88 0,00 0,00 1,92
Pensiunan 2 0 0 2
100,0 0,0 0,0 100,0
11,76 0,00 0,00 3,85
Petani 4 0 0 4
100,0 0,0 0,0 100,0
23,53 0,00 0,00 7,69
Wirausaha 9 18 15 42
21,4 42,9 35,7 100,0
52,94 100,00 88,24 80,77
All 17 18 17 52
32,7 34,6 32,7 100,0
100,00 100,00 100,00 100,00
6 Recommendation The LRP final report defined 6 (six) types of livelihood restoreation program, which are Technical Training of Agriculture, Entrepreneurship Training, Training for Improving Small Shop Business, Training of Vocational Skill, Training of Ornamental Plants, Cultivation and its Opportunity, Joint Training. These program fit to the AHs characteristics, but it should take an attention into some socioどeconomic characteristics, such as income categories, economics status, ages, etc.
The different cutどoff date implies a different categorization of the AHs. Socioどeconomics structure within the community is another factor which may lead a different categorization of the AHs. Technically this situation is minimized by well designed survey procedures, data handling, and a good data analysing procedure.
Colonies. Economic and Political Weekly, 35(24), 2005ど2008. Asthana, Roli. (1996). Involuntary Resettlement: Survey of International
Experience. Economic and Political Weekly, 31(24), 1468ど1475. Cernea, Michael M. (2007). Financing for Development: BenefitどSharing
Mechanisms in Population Resettlement. Economic and Political Weekly, 42(12), 1033ど1046.
Equator. (2012). Updating of Resettlement Plan and Design of Livelihood Restoreation Program for the West Tarum Canal Rehabilitation sub Project under the Integrated Citarum Water Resources Management Investment Program (ADB LOAN : 2501どINO). Equator.
にな
Shami, Seteney. (1993). The Social Implications of Population Displacement and Resettlement: An Overview with a Focus on the Arab Middle East. International Migration Review, 27(1), 4ど33.
Tirtosudarmo, Riwanto. (1997). Economic Development, Migration, and Ethnic Conflict in Indonesia: A Preliminary Observation. Sojourn: Journal of Social Issues in Southeast Asia, 12(2), 293ど328.
Annex F Sampling Plan and Sampling
Frame
PARAHYANGAN CATHOLIC UNIVERSITY
CENTRE FOR PUBLIC POLICY AND MANAGEMENT STUDIES (CPMS)
Sub-Contract for External Monitoring Agency
for Resettlement Plan Updating and Implementation
for West Tarum Canal Rehabilitation
SAMPLING PLAN
And
SAMPLING FRAME OF Ahs
AUGUST 2012
Integrated Citarum Water Management Resources Invesment Project
Subcomponent 8.1: Program Management Support
Monitoring methodology (According to ToR):
a. Random review of payment vouchers and other form of compensation to ensure full
compliance with the requirements of the RF. This review will assess a representative
sample of all the AHs.
b.
Sampling technique : cluster sampling based on area (area sampling)
Area Population (HH)
based on 31/08/2012 data Sample size (HH)
(95% conf. & 5% error)
Bekasi City 64 39 Bekasi District 718 85 Karawang District 538 82
Data to be collected:
- Actual amount of payment vouchers and other form of compensation received by
the AHs.
c. Random site visits, where asset acquisition processes are taking place, to ascertain that
compensation has been duly paid to the commencement of civil works. This activity will
cover at least 20% of the AHs, and 20% of AHs identified as vulnerable group. For this
purpose, the EMA will check the following: (i) results of the detailed measurement survey
or inventory of affected assets; (ii) valuation of affected assets based on replacement
cost; and (iii) compensation is paid prior to initiation of civil works.
Sampling technique : combination of cluster sampling based on area & vulnerability
and quota sampling
Area Population (HH)
based on 31/08/2012 data
Vulnerable (HH) based on
31/08/2012 data
Sample size (HH) 20% quota
Vulnerable Non-vulner.
Bekasi City 64 62 13 0 Bekasi District 718 494 99 45 Karawang District 538 363 73 35
Data to be collected:
- Verification of affected assets
- The value of affected assets based on replacement cost
- Actual time of payment
d. Special market study to validate whether the unit costs used in compensating fixed assets
are at current market prices or replacement costs.
Sampling technique : combination of area sampling (based on Kecamatan) and
quota sampling
City/District Sub-district Number of village
Sample Size (Village)
Bekasi City Bekasi Selatan 1 1
Bekasi Timur 1 1
Bekasi District Cibitung 1 1
Cikarang Barat 2 2
Cikarang Pusat 3 3
Cikarang Selatan 4 4
Cikarang Utara 1 1
Tambun Selatan 5 5
Karawang District Ciampel 6 6
Klari 1 1
Teluk Jambe Barat 6 6
Teluk Jambe Timur 5 5
Data to be collected:
- Property/land price (in Rp/m2)
e. Periodic field visits to ascertain that affected people are adequately informed of project
objectives, impact, compensation policy entitlements through an effective public
information campaign. This will cover at least 30% of all the AHs in the project.
Sampling technique : combination of area sampling and quota sampling
Area Population (HH)
based on 31/08/2012 data Sample size (HH)
30% quota Bekasi City 64 19 Bekasi District 718 149 Karawang District 538 109
Data to be collected:
- Awareness and knowledge of affected AHs about the project objectives, impact,
and compensation policy entitlements
f. Periodic field visits to assess if grievance procedures are adequately explained to the
affected people and implemented. This will cover at least 30% of all the AHs in the
project.
Sampling technique : combination of area sampling and quota sampling
Area Population (HH)
based on 31/08/2012 data Sample size (HH)
30% quota Bekasi City 64 19 Bekasi District 718 149 Karawang District 538 109
Data to be collected:
- Awareness and knowledge of AHs about the grievance procedure
- Grievance mechanism experienced by the AHs
Sampling Frame of AHs Verification Survey
No. Nama KK Coordinates
No. Nama KK Coordinates
Easting Northing Easting Northing
1 A Kaja 742237 9299093 548 Kendi K 726034 9306510
2 A.Saepudin 730644 9305335 549 KGS Arif 723298 9307538
acess 30 July 2012 5 Fact Sheet Girls' Education In Indonesia
http://www.unicef.org/indonesia/girls_education_fact_sheet_final_ENG_1_.pdf access 30 July 2012 6 Hancock, Peter, The Gender Empowerment Measure: Issues from West Java, Indonesia,
http://devnet.anu.edu.au/online%20versions%20pdfs/51/VPThancock51.pdf access 30 July 2012 7 Baseline Assessment on Women's Accessibility to Public Services (West Java Province) http://www-
traditional or cultural bias) and economically marginalization are totally unacceptable in
many different types and levels.
In sum, it is important to note that all the recommendations are made based on limited
amount of data available due to personal and professional reasons. Due to limited
opportunity available, the expert has not able to conduct field visit in order to get a
whole picture of the project. In addition, the circle of information among of stakeholders
create some limitations to get more and better data to provide comprehensive and
reliable suggestion related to sustainability and continuity of this project.
9 | 2 0
V. Gender Sensitivity Analysis
The gender sensivitity of this resettlement project is analyzed using framework and criteria established in “Gender Checklist Resettlement”
(Asian Development Bank, 2003).
No. Element or Phase
Relevant Points of Concern Condition or Remarks
1 Resettlement planning
Have women been included in the socioeconomic survey?
The socioeconomic data was collected at household level while demographic data are available at individual basis.
Socioeconomic data available at individual basis_which can be segregated by gender_are age, education, occupation, and income, while other data are at household level.
There are 2,368 (53.1%) men and 2,095 (46,9%) women living in the affected area.
There are 101 woman-headed households out of 1320 AHs, or about 7.7%. The average age of women living in the affected area is 29.3 years old with
standard deviation of 16.9 while for men is 32.3 years old with standard deviation of 19.5.
Adult women composition based on education is as follow: (1) University graduate 1.5%, (2) SMA graduate 12.0%, (3) SMP graduate 19.7%, (4) SD graduate 36.4%, and (5) Below SD graduate 30.5%.
Adult men composition based on education is as follow: (1) University graduate 1.8%, (2) SMA graduate 17.7%, (3) SMP graduate 20.1%, (4) SD graduate 33.1%, and (5) Below SD graduate 27.3%.
There are 504 out of 2,095 (24,1%) working women, from which the majority (243 or 48.2%) run their own businesses in the category of “Usaha jasa dan penjualan di toko dan pasar”. If they are evicted from their current property’s location, their income might be significantly affected.
Average monthly income of working-man in the affected area is Rp1,829,472 while for woman is Rp1,503,704.
10 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
Has information been collected on women’s land and property status?
Land and property data are acquired at household level. Hence, inidividual gender-based ownership might only be analyzed as referred to household head. There are 101 woman-headed households out of 1320 AHs, or about 7.7%.
All lands in the affected area are owned by the government. Average value of structure (main building) owned by woman-headed household is
Rp14,580,269 while for man-headed household is Rp13,659,074.
Does the survey include questions on household division of labor, women’s livelihood sources, and women’s contribution to family income?
Main women’s livelihood sources are (1) Usaha jasa dan penjualan di toko dan pasar 48.2%, (2) Operator dan perakit mesin 15.9%, and (3) Usaha pertanian dan peternakan 14.7%.
Average monthly income of working-woman in the affected area is Rp1,503,704, while for man is Rp1,829,472.
The average women’s contribution to family income in woman-headed households is 74.8%, while in man-headed households is 11.4%. The average women’s contribution to family income for all AHs is 16.3%.
2 Defining entitlement and eligibility
Do women have legal title to land and property?
Only 1 household out of 1320 have a legal title to land in the affected area. Since almost all of them do not have legal title to the land, they do not also have legal title to any structure on the land.
What ownership, access, and control do women have over resources and property?
Women have “informal” control over the structure on the affected land in which they dwell through their position as household head. There are 101 woman-headed households out of 1320 AHs, or about 7.7%.
Will women’s sources of livelihood be affected?
There are 504 out of 2,095 (24,1%) working women, from which the majority (243 or 48.2%) run their own businesses in the category of “Usaha jasa dan penjualan di toko dan pasar”. If they are evicted from their current property’s location, their income might be significantly affected.
Do women have customary or informal rights to land, property, and other resources?
Nobody has customary or informal right to land, property and other resources in the affected area.
3 Developing Resettlement
What is the relevant law for compensation?
11 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
and Compensation Options
How does it define “persons eligible for compensation”?
Household dwelled in the affected area in the period of registration.
Does the law entitle women to compensation assistance?
No
What are the compensation and resettlement options selected by women?
There is no particular compensation and resettlement options for women.
4 Safeguarding Women’s Interest in Resettlement
Separately identify the socioeconomic conditions, needs, and priorities of women; surveys and entitlements criteria should recognize female-headed households. Impact on women should be monitored and evaluated separately.
The only available gender-based socioeconomic data is income. Data on the needs is collected on household basis. There is no data currently available regarding women’s priorities.
Female-headed households were recognized in the survey. Recommendation: monitoring and evaluation of resettlement impact on women.
Ensure that the process of land acquisition and resettlement does not disadvantage women.
This phase has not been carried out yet.
Land/house titles and grants should be in the name of both spouses.
This phase has not been carried out yet.
12 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
Female staff should be hired by the resettlement agency to work with and assist women in all aspects of resettlement activities, including planning and implementation of income restoration programs. Involve women’s groups in resettlement planning, management and operations, job creation, and income generation.
5 Resettlement and rehabilitation – site selection
Have affected women representing all socioeconomic groups been shown the alternative sites?
Affected households will look for and select new site by themselves.
How far is the site from their existing homes?
Have women approved the site?
Are schools and health centers easily accessible?
Is the site close to the women’s current places of employment or income generation?
6 Resettlement and rehabilitation – housing
Were women consulted on the structure and design of the housing? What are the specific needs?
This phase has not been carried out yet.
13 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
What kind of assistance is required by women?
Do women prefer to undertake the construction on their own with money or materials from government or do they want the government to provide the housing?
Are women willing to contribute toward housing finance?
What measures are being taken to address women’s concerns regarding housing?
What are the women’s suggestions regarding settlement design?
Do women prefer cluster housing, e.g., people of one community housed together?
7 Resettlement and rehabilitation – habitality and safety
Have issues of habitability and safety been addressed?
This phase has not been carried out yet.
Are women more vulnerable to violence from outside forces in the new settlement?
Are women concerned about safety?
Does the new settlement restrict women’s mobility?
14 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
8 Resettlement and rehabilitation – civic infrastructure
What infrastructure needs have women identified?
This phase has not been carried out yet.
What services might be required by women and children in relation to civic infrastructure?
How will the site and services be maintained?
9 Resettlement and rehabilitation – sanitation
Is there a requirement for separate bathing places/toilet
facilities/washing slabs for women?
This phase has not been carried out yet.
What is the best design and location for these facilities?
Where are the community toilets located? How many families are there per toilet?
It is important that the community takes responsibility for maintaining its toilets. What will be the role of the women?
Should lighting of public spaces and areas around toilet facilities be included to ensure safety of women?
15 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
What are the mechanisms for waste disposal and sewage disposal and what is the role of the community?
Will there be bathing areas within the houses or common bathing spaces? How many families will use each common facility? What are the mechanisms for maintaining these?
10 Resettlement and rehabilitation – education
How many school children are there?
This phase has not been carried out yet. How far do children currently travel to attend school?
Are there existing facilities in the relocation site, such as elementary or a high school?
Is it physically accessible to the new settlers?
This phase has not been carried out yet.
Can existing facilities accommodate the children of the new settlers?
If not, what are the requirements to meet their schooling needs?
11 Resettlement and rehabilitation –
What are the common diseases of women in the area?
This phase has not been carried out yet.
16 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
health Are they related to existing living conditions?
What is the current state of medical facilities?
Do they need upgrading for persons who do not need relocation?
What facilities are available at the new site?
Will they be sufficient for new settlers?
Is there any potential for introduction of new diseases in the relocation site?
Are health facilities accessible to women and children?
12 Transition issues
Have women been consulted on transportation and transit issues?
Is transportation provided? Are women aware of the transportation arrangements?
Yes, transportation is provided. Yes, the transportation arrangements are informed to all affected AHs, instead of specific to affected women.
Have women and other vulnerable groups, who may need special assistance with transportation, been identified?
Data about physical condition of each household member is available, and can be inferred as needs for special assistance regarding transportation. There are 264 out of 1320 AHs might be categorized as need special assistance with transportation, consists of 145 elderly-headed households, 99 woman-headed households, and 20 disabled-headed households.
17 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
Is ample time provided for dismantling and resettlement, especially for female-headed households and the elderly?
This phase has not been carried out yet.
What arrangements have been made for ensuring access to basic facilities and access to schools for children in the transit phase?
This phase has not been carried out yet.
13 Compensation What is the opinion of women with regard to the payment of
compensation—cash, bank account, or check?
There is no data currently available regarding this issue.
Has the payment of compensation in joint names been considered?
Do the women have bank or postal accounts in their name to receive compensation?
There is no data currently available regarding this issue.
Are there provisions to ensure that women have an account?
Have men been consulted on payment of compensation in joint names?
Is there any possibility of separate cash compensation payment for women?
18 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
What is the likely risk to women of paying compensation and other cash assistance in joint names or wholly to women? Can the risks be minimized?
14 Security of tenure
What provisions are made for women who do not have ownership rights over land/property taken over by the project?
There is no particular provisions made for women who do not have ownership rights over land/property taken over by the project.
15 Income restoration
Do women contribute to household income?
The average women’s contribution to family income in woman-headed households is 74.8%, while in man-headed households is 11.4%. The average women’s contribution to family income for all AHs is 16.3%.
What are women’s income levels prior to displacement?
Average monthly income of working-woman is Rp1,503,704.
What are the activities from which women earn incomes?
There are 504 out of 2,095 (24,1%) working women, from which the majority (243 or 48.2%) run their own businesses in the category of “Usaha jasa dan penjualan di toko dan pasar”.
Will these income sources be affected?
If they are evicted from their current property’s location, their income sources might be significantly affected.
How many women will lose their livelihood sources?
Approximately 243 women who run their own businesses in the category of “Usaha jasa dan penjualan di toko dan pasar”.
What are the ways in which livelihood will be affected? Will there be total loss of livelihood source or a decrease in income only?
The risks regarding this issue are: (1) there will be a total loss of women’s livelihood source because they cannot start their business in the new site, or (2) there will be a decrease in women’s livelihood source because they have to start their business in the new site.
19 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
Does the new site provide the same or alternative opportunities for earning incomes?
The relocation has not been carried out. The new site is not provided by the project; instead, AHs should look for a new
site themselves.
What are the existing levels of women’s skills/training?
Adult women composition based on education is as follow: (1) University graduate 1.5%, (2) SMA graduate 12.0%, (3) SMP graduate 19.7%, (4) SD graduate 36.4%, and (5) Below SD graduate 30.5%.
Is there a need to upgrade women’s skills and are the facilities available?
The needs for skill upgrading are identified on household basis instead of individual and already included in the Livelihood Restoration Program (LRP)
16 Grievance redress mechanisms
Is the grievance redress mechanism structured to address gender issues?
Is the grievance redress committee gender sensitive?
Does it take into account special problems faced by women?
Are there any women members on the grievance redress committee or related group that has been or will be constituted?
17 Monitoring and evaluation
Do the M&E indicators include issues of women’s livelihood restoration, safety, habitability, and other issues addressed in this checklist?
This issue will be considered in the monitoring and evaluation phase.
20 | 2 0
No. Element or Phase
Relevant Points of Concern Condition or Remarks
Is the budget sufficient to address gender issues?
Yes
Is the M&E baseline gender inclusive?
This issue will be considered in the monitoring and evaluation phase.
Have appropriate mechanisms been developed for participatory monitoring and are women included?
This issue will be considered in the monitoring and evaluation phase.
Are gender issues included in the terms of reference of supervisory consultants?
Yes
Annex I Paper on Analysis of
Socializat ion WTC
Rehabilitat ion
PARAHYANGAN CATHOLIC UNIVERSITY
CENTRE FOR PUBLIC POLICY AND MANAGEMENT STUDIES (CPMS)
Sub-Contract for External Monitoring Agency
for Resettlement Plan Updating and Implementation
for West Tarum Canal Rehabilitation
ANALYSIS OF SOCIALIZATION WTC REHABILITATION
PROJECT FROM DATA SURVEY
NAME OF WRITER :
Fitri
Sherlyw ati
NOVEMBER 2012
Integrated Citarum Water Management Resources Invesment Project
Subcomponent 8.1: Program Management Support
41%54%
5%
Apakah Anda tahu tujuan proyek
Rehabilitasi Kanal Citarum Barat ?
Ya Tidak Blank
10%
21%
6%3%
60%
Apa yang Anda ketahui tentang tujuan
proyek Rehabilitasi Kanal Citarum Barat
?
Pemberdayaan
Sungai
Pelebaran Sungai
Pembuatan Jalan
Lainnya
Blank
ANALYSIS OF SOCIALIZATION WTC REHABILITATION PROJECT FROM DATA SURVEY
Society is never perfectly informed (Stiglitz, 2002). The government would have superior
information and the society would have inferior information. Under these circumstances, both
parties would have incentives to behave strategically. The party with superior information
would have an incentive to take advantage of its information position to meet its goals. The
party with inferior information would recognize this incentives and information accordingly.
Both government and society have different objectives, and the challenge is to improve the
efficiency of project and allocate the distribution of gains that greater efficiency implies. This
asymmetrical information would arouse moral hazard, the situation in which a party takes
advantage of special knowledge while engaging in socially inefficient behavior (Lipsey et al,
2008).
Reflecting from that theory, consultant needs to obtain information and opinion of WTC
people regarding ICWRMIP. It is essential todiscovercommunity perception and knowledge
toward rehabilitation of WTC and its impact.
Chart 1 what is the purpose of rehabilitation project?
Bothcharts represent that 54% of respondents said they don’t know about the purpose of
Rehabilitation WTC. Most of all the respondent, 199 out of 331 respondents don’t
acknowledge the purpose of rehabilitation. Although, 41% of respondent claimed that they
doknow about rehabilitation. For instance for improving the flow and quality water in the
river, widening river and road. It means that the information not fully given to the WTC
people.
3% 6%6%
5%
80%
Dari mana Anda tahu mengenai
manfaat proyek Rehabilitasi Kanal
Citarum Barat ini?
Pemda setempat
Dinas PU dan
Pengairan
Surveyor
Lainnya
34%
59%
7%
Apakah Anda tahu manfaat
proyek Rehabilitasi Kanal
Citarum Barat ?
Ya Tidak Blank
Chart 3 Sources of Information
In general, the majority of respondent express that they don’t get informed and no one notify
them about rehabilitation project and the benefit of its project, as shown in the chart above.
DG Water Resources (Ministry of Public Works) and local government separately participate
in providing the information, though no significant result. Only 93 out of 311 who claimed that
they get informed by government agency. As a result, they need to empower the role local
government, especially Head of RT and RW. As the head of community association, who
works closely with society,they able to provide information promptly and clearly for WTC
people.
Chart 4 Benefit of Rehabilitation Project
This chart represents the WTC people knowledge
toward Rehabilitation Project Benefit. Half of
respondent stated that they don’t know if that
project will advantage or disadvantage them. The
people who acknowledgethe project stated some
advantages such as providing clean water,
managing water flow of Citarum, improving living
condition, and preventing flood.
12%16%6%6%
60%
Dari mana Anda tahu mengenai
tujuan proyek Rehabilitasi Kanal
Citarum Barat ?Sosialisasi
Pemda
Setempat
Dinas
Pekerjaan
Umum dan
PengairanSurveyor
Terdahulu
7% 5%3%1%
2%271,
82%
Menurut Anda, keluhan Anda terkait
dengan proyek Rehabilitasi Kanal
Citarum Barat akan diselesaikan
dengan ....
Baik Biasa saja Buruk Sangat baik Sangat buruk Blank
10%4% 4%
1%
0%
81%
Menurut Anda, Keluhan Anda terkait
dengan proyek Rehabilitasi Kanal
Citarum Barat ini diterima dengan cara
yang ....
Baik Biasa saja Buruk Sangat baik Sangat buruk Blank
5% 3% 1%
41%50%
Dari mana Anda tahu mengenai
mekanisme untuk menyalurkan keluhan
terkait dengan dampak proyek
Rehabilitasi Kanal Citarum Barat ini?
Pemda setempat
Dinas PU dan
Pengairan
Lainnya
Blank
18%
73%
9%
Apakah Anda tahu tentang
mekanisme untuk menyalurkan
keluhan terkait dengan dampak
proyek Rehabilitasi Kanal
Citarum Barat ?
Ya Tidak
Grievance Redress Mechanism Information of Affected Household
Chart 5 Complaining Mechanism toward Project
This chart depicts that mostly of the respondent not conscious of complaining mechanism.
They don’t comprehend in filing complaint, who will be in charge to respond them, andhow
long it would take to get response. Only 8% admit that they get inform by officer directly.
They don’t know how to legally complaint about impact that appears due to Rehabilitation
Project.Since only a few people get informed by DG Water Resources (Ministry of Public
Works) and local government.
This following chart illustrates the WTC people perception toward complaining procedure
regarding implementation of WTC Rehabilitation Project.
Chart 7 Perception toward complaing that be given to government
Apparently, 267 out of 331 of respondent don’t have any idea about government response
toward any complaining filed. Nevertheless, there are 10% of total respondent who believe
that complaining toward government will be accepted. Also, 7% of total respondent affirm
that arising issues will be solved carefully and effectively by government.
In conclusion, is highly possible for missunderstanding between both parties, government
and WTC people. Both has different interest and information. Our suggestion, First,
government should build a good and effective communication with local community and
elders or community leaders. Give community leader a role to informing the society about
Rehabilitation Project. This man has high connetivity with the community and highly
respected. Second, empowering head of community association such as Head of RT and
RW, in bridging community and government. As a representative of the government, they
need to get informed by Project Manager clearly, therefore they able to give a clear
information for society in WTC. Those information should be given in weekly or mothly
meeting, whether in letter or dircetly.
Society
Lack of information
- Purpose
- Benefit
- Filling
Complaint
Perception toward
government is blank,
no argument
Government not
actively giving an
infromation
Build Effective Communication
Society Government
Head of RT & RW
Community Leader
(Elder)
Annex J Quest ionnaire of Survey
Halaman 1 dari 3
Kuesioner
RESPONDEN PEWAWANCARA
AH No. : Nama : ………………………………..
Nama KK : Mulai Tanggal : ………………………………..
Nama Resp. : ………………………………….. Jam : ……………………….............
No. Telepon : …………………………............ Selesai Tanggal : ……………………….............
Koordinat Jam : ……………………….............
Easting :
Northing : Dicek oleh : ………………………………..
PENGANTAR
Nama saya ................., dari Centre for Public Policy and Management Studies (CPMS) Universitas Parahyangan (UNPAR), Bandung. Kami ditunjuk oleh Pemerintah dan Bank Pembangunan Asia untuk menjadi pemantau independen dalam proyek pemukiman kembali penduduk yang terkena dampak rehabilitasi Kanal Barat Citarum. Tugas kami adalah mengawasi pelaksanaan proyek untuk memastikan pelaksanaan proyek ini sesuai dengan aturan dan rencana yang ada.
Kami memohon kesediaan Anda untuk menjadi responden dalam survey ini. Informasi yang Anda berikan dijamin kerahasiaannya dan hanya akan digunakan untuk kepentingan pengawasan proyek ini. Terima kasih atas kesediaan Anda meluangkan waktu untuk mengisi kuseioner ini.
BAGIAN A (Screening)
A1. Apakah Anda kepala keluarga atau anggota keluarga dari rumah tangga ini?
Ya 1
Tidak 2 Stop
A2. Usia Anda?
Kurang dari 17 tahun 1 Stop
Di atas 17 tahun, ................. tahun 2
BAGIAN B (Aset dan Kompensasi)
B1. Aset milik rumah tangga yang terkena dampak proyek:
a. Lahan milik pribadi :
Luas lahan terkena dampak : ..................... m2
C6. Dari mana Anda tahu mengenai manfaat proyek Rehabilitasi Kanal Citarum Barat ini?
………………………………………………………… …………………………………………………………
C7. Jika Anda memiliki keluhan mengenai proyek Rehabilitasi Kanal Citarum Barat ini, apakah Anda tahu ke mana dan bagaimana Anda harus menyampaikan keluhan?
Ya 1
Tidak 2 Ke C9
C8. Dari mana Anda tahu mengenai cara untuk menyampaikan keluhan terkait dengan dampak proyek Rehabilitasi Kanal Citarum Barat ini?
…………………………………………………………
C9. Apakah Anda pernah menyampaikan keluhan mengenai proyek Rehabilitasi Kanal Citarum Barat ini?
Ya 1
Tidak 2 Stop
C10. Kepada siapa Anda menyampaikan keluhan Anda terkait dengan proyek Rehabilitasi Kanal Citarum Barat ini?
…………………………………………………………
…………………………………………………………
C11. Menurut Anda, keluhan Anda terkait dengan proyek Rehabilitasi Kanal Citarum Barat ini diterima dengan cara yang ...............................
Sangat buruk 1
Buruk 2
Biasa saja 3
Baik 4
Sangat baik 5
C12. Menurut Anda, keluhan Anda terkait dengan proyek Rehabilitasi Kanal Citarum Barat ini diselesaikan dengan ...........
Sangat buruk 1
Buruk 2
Biasa saja 3
Baik 4
Sangat baik 5
TERIMA KASIH ATAS PARTISIPASI ANDA
Annex K Paper on Resett lement In
Community Development
Perspect ive
PARAHYANGAN CATHOLIC UNIVERSITY
CENTRE FOR PUBLIC POLICY AND MANAGEMENT STUDIES (CPMS)
Sub-Contract for External Monitoring Agency
for Resettlement Plan Updating and Implementation
for West Tarum Canal Rehabilitation
WORKING PAPER
COMMUNITY DEVELOPMENT APPROACH
ON RESETTLEMENT
NAME OF CONSULTANT:
Pius Suratman Kartasasmita
w ith k ind assistance of
Hilda Ambar Martina
NOVEMBER 2012
Integrated Citarum Water Management Resources Invesment Project
Subcomponent 8.1: Program Management Support
ABSTRACT This paper aims to, first of all, review the definitions of resettlement, types of resettlement, and resettlement strategy which are commonly used in development practices. In addition, this paper is also intended to acknowledge resettlement from community development point of view. It reveals that there are many definitions of resettlement which are commonly used by development practices as well as donors. In general resettlement is commonly defined as a term used to describe the movement of individuals or groups from one location to another. From development practices it shows different types of and strategy or concept of resettlement, and yet it usually with reference to involuntary resettlement. Secondly, this paper describes resettlement from community development point of view, which can be defined as a process of relocating numbers of people that involves community participation in raising community awareness, strengthening and empowering community potentials, building and developing their capacity, as well as protecting the outcomes. Finally, this paper provides various resettlement cases across countries to illustrate different context of resettlement practices as comparison.
1. PRINCIPLES: DEFINITION OF RESETTLEMENT
There is almost no dispute among development practices and donors regarding basic notion of resettlement and other related concepts. Asian Development Bank (ADB) defines "...resettlement is a term used to describe the movement of individual or group from one location to another location. Nowadays, resettlement happens because the effect of government project. This project affected not only the asset around the project, but also the people live there before." Whereas affected persons (APs) are defined as those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, social and cultural networks and activities.1
Affected Persons (APs) or Affected Households (AHs) are the persons or families who get affected by the project rules by government. They have to leave all of their physical and non-physical assets and move to other places which already or will be prepared for them or reestablish elsewhere. The aim of resettlement is to ensure that people who are physically or economically displaced as a result of a project end up no worse off- and preferably, better off- than they were before the project was undertaken.
International Finance Corporation (IFC), as comparison, differentiates between physical displacement and economic displacement. The former, physical displacement is the actual physical relocation of people resulting in a loss of shelter, productive assets or access to productive assets (such as land, water, and forests). While the later, economic displacement, results from an action that interrupts or eliminates people’s access to productive assets without physically relocating the people themselves.2
Affected populations (both person and household), as well as impacts should be carefully identified. IFC, for instance, suggest a series of steps to be carried out at identifying the respective matters as the following:
1. thematic maps that identify such features as population settlements, infrastructure, soil composition, natural vegetation areas, water resources, and land use patterns;
2. a census that enumerates the affected people and registers them according to location;
3. an inventory of lost and affected assets at the household, enterprise, and community level;
4. socioeconomic surveys and studies of all affected people (including seasonal migrant, and host populations), as necessary;
5. analysis of surveys and studies to establish compensation parameters, to design appropriate income restoration and sustainable development initiatives, and to identify baseline monitoring indicators; and
6. consultation with affected populations regarding mitigation of effects and development opportunities. 3
1 Asian Development Bank, Handbook on Resettlement : A Guide to Good Practice, Manila, 1998, page 3.
2 International Finance Corporation, Handbook for Preparing a Resettlement Action Plan, page 5
3 Ibid, page 13
It is also commonly understood that resettlement can be clearly differentiated into voluntary and involuntary resettles’ for they are different significantly in their characteristics. Voluntary resettles are generally self-selected, young, and willing to pursue new opportunities. While involuntary resettles are people of all ages, outlooks, and capabilities, many of whom have no option but to give up their assets (usually productive assets). Asian Development Bank policy designates involuntary resettles as requiring assistance.4 In principle the Bank, and also other parties in common, try to avoid or minimize resettlement to ensure that some people are not disadvantages by the process of resettlement due to the worse effect of the resettlement. At this point, people might have different understanding of resettlement because many of the assets that are being resettled is their main income. In the case that resettlement is unavoidable, the Bank helps to restore the quality of life and livelihoods of those affected. At most, there may also be opportunities to improve the quality of life, particularly for vulnerable groups.
Compensation gets by the affected person, in principle, should be fair with the assets that they loss during the project. The price of the compensation that they get is decided by the bank, the bank will appraisal the assets and the best price known in the market will be given to the re-settlers so it will be fair enough for the re-settlers. In terms of fair compensation, cash for land acquisition has never been a satisfactory mode of compensation if it is not paid at replacement values. In many cases, it is empirically proven that land-based resettlement programs work better than non-land options.5 In terms of compensation, IFC expects projects to compensate affected people for loss of physical assets, revenue, and income resulting from economic displacement or physical relocation whether these losses are temporary or permanent. If domestic law does not already specify such a framework, the project sponsor should establish transparent methods for the valuation of all assets affected by the project.6
2. PRINCIPLES: TYPES OF RESETTLEMENT
Both development practice and donors are also in common about different types of resettlement that follows different types of communities. IFC at least categorizes resettlement into four categories, these are rural resettlement, urban resettlement, linear resettlement and site specific resettlement. Rural resettlement, refers to displacement of people in rural areas typically result from a project’s acquisition of farm land, pasture, or grazing land or the obstruction of access to natural resources on which affected populations rely for livelihoods (for example forest product, wildlife, and fisheries). Urban Resettlement is resettlement in urban setting typically results in both physical and economic displacement affecting housing, employment and enterprises. Linear Resettlement describe project having linear pattern of land acquisition (highways, railways, canals, and power transmission line). While site specific Resettlement is associated with discrete, non-linear project such as factories, ports, highway interchange, hotels, commercial plantation, etc. Where land acquisition encompasses a fixed area. 7
At determining the type and size of resettlement plan, it seems there is solid
agreement with ADB that defines "significant" resettlement is those which involve:
4 Ibid, page 6
5 Ibid, page 6
6 International Finance Corporation, op.cit., page 6
7 Ibid., page 28
• 200 people or more will experience resettlement effects • 100 people or more who experiencing resettlement effects are vulnerable
as defined in the policy, or • More than 50 people who experiencing resettlement effects are particularly
vulnerable.
ADB determines, accordingly, that different strategy should be applied to different size of affected members of community. If the effect of resettlement is significant a full resettlement plan (RP) is a must, otherwise the Bank requires to apply a short version of RP. According to ADB requirement, a full RP consists of:
(a) Objectives, policies and strategies (b) Organizational responsibilities (c) Community participation and integration with host populations (d) Socioeconomic survey (e) The legal framework including mechanism for resolution of conflicts and
appeals procedures (f) Identification of alternative sites and selection (g) Valuation of and compensation for lost assets (h) Land ownership, tenure, acquisition, and transfer (i) Access to training, employment, and credit (j) Shelter, infrastructure, and social services (k) Environmental protection and management (l) Implementation, schedule, budget, and M&E
While the short RP consist only :
(a) Summarize the numbers affected and extent of losses (b) The policies and legal framework applicable (c) Arrangements made for asset valuation, compensation, relocation,
rehabilitation, and environmental protection (d) Responsibilities in delivering and monitoring entitlements (e) Costs (f) Time frame for land acquisition and resettlement measures (g) Consultation and grievance mechanism for people affected. 8
There are many aspects should be taken into account in order to develop effective Resettlement Plan. There are commonly accepted key planning concepts to be taken into account within resettlement practices, which are policy framework, definition of entitlement and eligibility, gender planning, social preparation, budget and timeline. The policy framework for the resettlement plan is needed, weather the policy is already exist or should the new policy which is related with the resettlement is needed to be build. The persons who will receive the compensation and rehabilitation need to be measures in some precise way. The affected women need to be analyzed weather it needs to be taken into consideration. The needs of the affected person specifically the vulnerable groups should be met. The sufficient financial resources for the resettlement should be prepared. Definite time line for resettlement should fit into the schedule of the overall project timeline.
8 Asian Development Bank, Op.Cit., page 12
3. PRINCIPLES: RESETTLEMENT STRATEGY
In terms of resettlement planning strategy, African Development Bank practices some applicable approaches that might commonly applied by other development agencies and donors. These are:
a. Development Approach; Resettlement planning would involve offering the displaced persons and host communities several development options consisting of activities to reconstruct the production foundation of the resettled and making them self-sustaining producers and wage earners. The resettlement plan ensures that the displaced persons are provided with assistance during relocation. The aims of relocation is to improve their former living standards, income earning capacity, and production levels. The displaced persons and host communities should be offered support after relocation, for a transition period that covers a reasonable period of time necessary for them to improve their livelihood and standard of living.
b. Participation; The affected population and host communities should be involved in the design of the resettlement plan. Community participation helps to ensure that compensation measures, relocation site, development programs and service provision reflect the needs, priorities, and development aspirations of the affected people and their hosts. All stakeholders, particularly the affected population, host communities and their representatives, should be fully informed, consulted and effectively involved at all stages of the project cycle. Participation can also facilitate greater transparency and fair play in compensation procedures, and encourage greater community involvement in operation and maintenance of service infrastructure and in development programs.
c. Eligibility and Entitlements; The resettlement plan should have a clear definition of the project affected persons (PAPs) by socio-economic and gender category; household or family; the cut-off dates for eligibility for compensation; the assets to be compensated at replacement cost, and the development projects proposed. The benefits offered by the resettlement program should be clearly established. This may cover, for urban resettlement activities, financial compensation; housing and service provision; transport, temporary accommodation and other short-term provisions required for relocation such as, credit facilities, training or job opportunity. In rural areas however, this may cover land-for-land, participation in training, and access to material equipments, inputs and credit. In cases, where land is not the preferred option for some of the displaced persons, non land-based options should be considered. These options should be built around creating employment opportunity or self-employment.
d. Compensation Procedure; The plan should describe the legal basis and the procedures for expropriation and compensation at full replacement cost for land and property. The plan should identify any gaps or inconsistencies between the borrower’s legal framework and the Bank’s resettlement policy, and the mechanisms to bridge such gaps. The criteria for assessing the value of land, housing and other property should be standardized and transparent. The dispute settlement procedures should be sufficiently agile to resolve arguments over valuation quickly. As a
result, appropriate and accessible grievance mechanisms, through informally constituted local committees with representatives from key stakeholder groups should be established to resolve any dispute arriving during the compensation procedures.
e. Relocation Criteria; The criteria for site selection should be explicit and should be discussed in detail with the affected families (i.e. both the relocatees and their hosts). It may be important for rural resettlement programs, to ensure that a whole community or village is resettled together. Agricultural or pastureland provided through land for-land resettlement should be equal or better in quality, including access to safe drinking water and irrigation water for agricultural lands. Other infrastructure and public services such as access roads, community centers, education and health services should be provided as necessary to improve living standards of the displaced population and host communities.
f. Legal and Institutional Framework; The resettlement plan should be consistent with the national legislation of the borrower as well as the requirements set in this policy. The plan should include detailed timetable, covering all components of the resettlement program such as, transport, storage and any temporary dwelling arrangements for the move. The resettlement plan should also include a detailed budget breakdown by components, agency and calendar year. The arrangement for reporting, monitoring and evaluation, consistent with the overall project planning and scheduling, should be included in the plan. 9
At dealing with resettlement procedures for international refugees, UNHCR provides the Baseline SOPs outline responsibilities and minimum standards for required actions in each of the following areas:
1. Resettlement management and risk mitigation • integrity of the resettlement process • dealing with resettlement needs and expectations • administration • handling enquiries
2. Resettlement processing
• case identification • receiving referrals and preliminary assessment of resettlement needs • resettlement interviews and assessment of resettlement needs • group resettlement • specific requirements for vulnerable refugees • finalizing the Resettlement Registration Form (RRF) • submission decision • selection missions by resettlement countries • follow-up after submission • withdrawal/suspension of submissions • resettlement country decision
9 African Development Bank, Involuntary Resettlement Policy, 2003, page 16
• departure arrangements and monitoring10
Refugees offered resettlement are provided an opportunity to rebuild their lives in safety. There are limited places available, however, and resettlement operations must be well-planned, and implemented with efficiency, integrity and transparency to make the most effective use of this invaluable durable solution.
4. PRACTICES: RESETTLEMENT AND COMMUNITY DEVELOPMENT
a. Resettlement And Community Development Plan in Vietnam
In terms of physical assets, the Project Roads require land acquisition of 4.08 hectares (ha) accounting for some 1.78 ha of paddy land and 1.11 ha of homestead land, affecting 231 households; 81 houses and small shops, and 42 rice bins, all of which would need to be relocated. There are also 18 trees to be cleared from the construction corridors. In terms of people, the project affects total some 261 households. The Project has minimized resettlement effects by adopting a bypass of Borikhan town on the Bolikhamxay road. This has reduced the number of households affected (along this section) from 92 to 25, and for this road from 219 to 124 households in total. The Project is still expected to make every effort to reduce resettlement impacts wherever possible. The detailed design of the phase one and three roads has been done already and will be reviewed by the Construction Supervision Consultants and necessary design changes made after which DOR, Resettlement Consultants and Provincial and District Resettlement Committees will conduct the detailed measurement survey of actually affected households.
As part of the Project’s preparation, a social analysis was carried out along each of the phase one and three roads. The phase one roads are Pakxan - B. Thasi (Bolikhamxay) and Xaisetha – Sanxai (Attapu). The phase three road is Sayaburi – Hongsa (Sayaburi). A census and inventory of lost assets was carried out for all households potentially affected by loss of homestead land and dwellings within a 15-meter (m) wide construction corridor. Based on the information collected for this ROW, three Resettlement Plans have been prepared for the Project in compliance with the ADB’s Policy on Involuntary Resettlement (1995) and the Handbook on Resettlement: A Guide to Good Practice. The PPTA determined that the mainly ethnic minority communities along the Attapu and Sayaburi roads will be vulnerable as a result of the road improvements because of their low literacy and numeracy levels. This triggered the need for Ethnic Minority Development Plans as required by ADB’s Policy on Indigenous People.
However, because the ethnic minority families are integrated with the non-minority population, the term Community Development Plan has been used to replace Ethnic Minority Development Plans, and they have been combined with the Resettlement Plans. A Resettlement and Community Development Framework has also been prepared to guide in the resettlement and ethnic minority planning and implementation for the other two subproject roads: Hongsa-Thaxoang (Sayaburi) and Pakton-Ban Vang (Vientiane Province). The detailed design of the latter roads will be done under the Project and resettlement and community development plans prepared in accordance with the Framework and submitted to ADB for approval.
10
UNHCR Resettlement Handbook, 2011, page 126
b. Empowerment as a tool for a healthy resettlement: a case of new African settlers in South Australia
Purpose – The purpose of this paper is to describe the application of empowerment and the role that it plays in fostering community participation, community integration and in enabling a healthy re-settlement of culturally and linguistically diverse migrants who have recently arrived in Australia from Sub Saharan Africa.
Design/methodology/approach – The approach used in the paper is a discussion expressing the views of authors supported by the relevant literature drawn from a wide range of sources on migration, settlement, health, social, environment, cultural and public health issues. The African community and its peak organization, the African Communities Council of South Australia is presented and various empowerment strategies used by the council are discussed as a healthy model for empowering new settlers in the new environment.
Findings – The first part of the paper describes the migration of African migrants in South Australia and sets the scenario describing the current state of these migrants including opportunities and challenges they face in the new environment. The second part describes theories and contexts of community empowerment, relationship between community empowerment and a healthy settlement; and the relevance and implications of community empowerment. The third part draws the above context and the empowerment strategy is specifically related to the African Community in South Australia. The empowerment strategy in this case represents a wide range of interventions aimed to equip new African migrants to a successful and a healthy resettlement and integration in South Australia. By addressing a wide range of settlement challenges and issues, the strategy employs concepts of empowerment that have been used in public health in general, health promotion, health education, communications, community engagement and community development.
Originality/value – The paper highlights challenges and opportunities for new migrants in the new environment and argues that community empowerment is an important enabling tool for a healthy settlement, particularly for people with refugee backgrounds. The paper also acknowledges that the community development approach has assisted the target group and has improved their ability to overcome challenges associated with settlement through capacity building, social capital and community connectivity.
c. Innovative approaches for Involuntary resettlement (Lunawa environmental Improvement & Community Development Project)
In Sri Lanka today, as in many other developing countries, there is a growing
urgency to come up with creative and sustainable solutions to tackle the twin
pressures of infrastructure needs and the interests of communities who are affected
by such projects, often losing their homes, land and livelihood in the process.
The project team has proved that the community development component---
uplifting the living conditions of the people living in the Lunawa Lake catchment area
through participatory resettlement and upgrading of underserved sites -- is as much
of a priority as improving the storm water drainage of the area and Lunawa Lake’s
eco system. The two pronged approach has fostered a win-win situation, benefiting
the project affected persons as well as local governments and the project authorities,
as beneficiaries with a stake in the project, protest less and are willing to take
ownership of the canals and other structures after the construction work is over.
Communities which struggled every year with the ravages of flooding and
damaged property in many underserved areas now feel more secure. The threat of
inundation has receded and with security of tenure, they are busy making long-term
plans. Families who lived in shanties previously and who had to move to make way
for the project now own their own homes in the resettlement sites; those who were
not even part of the formal economy now have bank accounts which they acquired
when the entitlement amount was deposited; women in the resettlement sites feel
more empowered as joint owners of property to which they now have a legal claim.
The project has also led to the creation of many community based organizations
(CBOs) and strengthened existing CBOs who received ‘community contracts’ to build
drains, service roads, community centers etc within the resettlement sites and other
parts of the project area. Apart from providing a sense of ‘ownership’ to the
communities, these activities have contributed significantly towards livelihood
restoration among the project-affected people. In many cases, individuals and
families have been able to improve upon their previous situation tapping into these
opportunities.
The successes on the ground have led to other institutions and projects
tapping the Lunawa toolkit of good practices, and adapting specific ones, for their
own benefit. The most important lesson from this path-breaking project is that
investing time and resources in the preparatory phase pays, and it is helpful to have
NGO partners who can act as strong links between the urban poor and the project
team as well as with local authorities, and help build a cordial working relationship.
This can be leveraged later for other development objectives.
d. Bujagali Interconnection Project Resettlement And Community
Development Action Plan
The Bujagali project is a proposed hydropower facility on the Victoria Nile in
the Republic of Uganda. It is located approximately 8km downstream (i.e. north) of
the Town of Jinja. Bujagali Energy Limited (BEL) has entered into an agreement with
the Government of Uganda to Build, Operate, and Transfer this facility. In order to
evacuate power from the proposed hydropower facility effectively, new transmission
lines and improvements to some of Uganda’s existing transmission and distribution
system are required. These new lines and system improvements are the subject of a
Social and Environmental Assessment (SEA), this Resettlement Action Plan (RAP)
being part of this SEA.
Both the SEA and this RAP have been prepared to comply with the
requirements of the National Environmental Management Authority (NEMA), the
Ugandan national agency in charge of environmental protection. The World Bank
Group (WBG) institutions and the African Development Bank are potential lenders
for the project. This document has therefore been prepared in accordance with WBG
RAP requirements, as they stand in Performance Standard 5 “Land Acquisition and
Involuntary Resettlement” and OP 4.12 “Involuntary Resettlement”.
The Bujagali Interconnection System is overall a linear project with fairly
benign impacts on land use and livelihoods, as the extent of affected land is
generally limited, and affected people will in most instances recover land after it has
been impacted by the Project for agricultural use. UETCL and BEL have, however,
proactively decided to dedicate some funds to general development objectives, with
communities taking the lead in determining which priority project they would be
willing to implement.
Beyond the obvious benefits to communities in terms of social infrastructure,
the CDAP is also viewed as a means to enhance community self-reliance in
prioritizing projects, and to build project implementation capacity within the
community.
e. Resettlement Planning Document Bangladesh: Dhaka Water Supply Sector Development Program
This case describe the objectives, policy principles and procedures for land acquisition, compensation and other events that will be provided for persons who will experience resettlement effects when the Dhaka Water Supply Sector Development Program is executed. This is a water supply project that will address the residents of Dhaka all of the issues that happen in their residents by refurbishing the existing network to repair leaks, increase capacity and pressure, remove illegal connections, and provide a new system of metering to streamline leak detection and aid cost recovery. The project will involve most parts of the city, where pipes of the existing water supply network (which are mainly buried beneath roads) will be repaired or replaced, and house connections will be repaired and provided with new meters. A number of smaller individual locations will also be affected, as existing Overhead Reservoirs (OR) will be repaired and new ORs will be constructed, and new chlorination equipment will be installed at existing Deep Tube Wells (DTW).
f. PRC: Guiyang Integrated Water Resources Management Sector Project
Jinlong Reservoir Water Supply Subproject is one of the core subprojects of Guiyang Integrated Water Resources Management Project financed by ADB. The total storage capacity of Jinlong Reservoir is 4.18 million m³. The major impacts caused by Jinlong Reservoir Water Supply Subproject are permanent land acquisition and temporary land occupation, covering six villages. The Subproject will requisition a total 373.93mu of collective land (non-crop land) on permanent basis, including 249.81mu of shrub land and 124.12mu of unused land. It will also occupy 275.3mu of collective land on temporary basis, including 50.8mu of paddy field, 43.8mu of shrub land and 48mu of unused land. This Resettlement Plan is based on the Land Administration Law of the People’s Republic of China (2004), Decision of the State Council on Deepening
Reform and Strictly Enforcing Land Administration (Ref. No. GF[2004] 28), related policies of Guiyang City and Guizhou Province, and ADB’s Policy on Involuntary Resettlement. All the lands to be requisitioned by the project belong to non-crop land. Therefore, the income restoration measures for the APs will include cash compensation, provision of technical training and priority in getting jobs in project.
g. India: Rajasthan Urban Sector Development Investment Program – Widening and Strengthening of Various Roads at Sikar Town Subproject
Government of Rajasthan (GoR) has launched the Rajasthan Urban Sector Development Investment Program (RUSDIP) for development of infrastructure in 15 towns of the state with the financial assistance of Government of India (GoI) and the Asian Development Bank (ADB). The overall objectives of the Program are to meet basic human needs, improve quality of life and stimulate sustainable economic development. The Infrastructure sectors that are being developed in Sikar under this Program are:
(i) Water Supply Rehabilitation and Expansion (ii) Waste Water Management (Sewerage) (iii) Solid Waste Management (iv) Drainage; and (v) Development/ Up-gradation of Roads
This Resettlement Plan has been prepared in tune with the ADB Handbook on Resettlement and the agreed Resettlement Framework (RF). The Methodology prescribed by ADB was scrupulously adhered to, to find out any adverse or Involuntary Resettlement impact in the project area. This Resettlement Plan is based on Transect Walks on all the 31 Roads to undergo development, widening, up-gradation, 100% Census and Socio-Economic Survey of Project Affected Persons (APs), and consultations with the Affected Persons. The primary objective of this Resettlement Plan is to mitigate the adverse impacts of the intervention and to assist the Affected Persons in resettlement and restoration of their livelihood. Affected Persons can bring their grievances to the notice of the implementing NGO and the Social Development Expert (SDE) of the DSC.
h. PAKISTAN: Punjab Irrigated Agriculture Investment Project (PIAIP)
The Program is financed through the MFF, which includes several tranches, each covering one or more sub-project. The Tranche (s) Project will focus on a broad irrigation system interrelated objectives inclusive of: (i) on-farm level water resources management improvement; (ii) capacity and institutional strengthening for irrigated agriculture/ water resources management; (iii) irrigation/ water resources infrastructure rehabilitation and modernization; and (iv) enhancement of the enabling environment for improved agricultural productivity. This Land Acquisition and Resettlement Framework (LARF) of the MFF for the Punjab Irrigated Agriculture Investment Program has been updated by Punjab Irrigation Department (PID), the Program’s Executing Agency (EA) in accordance with the requirements of ADB’s Safeguard Policy Statement (SPS 2009), Pakistan’s Land Acquisition Act of 1894 (LAA), and applicable rules and regulations of
government of Punjab. The purpose of this updated LARF is to define procedures, consistent with SPS and LAA for planning and implementing all land acquisition and resettlement (LAR) tasks for the projects under the MFF program. The updated LARF also conforms to the ADB policy regulating the MFF procedures and conditions, as well as applicable laws and regulations of Pakistan.
i. PRC: Anhui Chao Lake Environmental Rehabilitation Project This project can improve the water quality of Chaohu and make the residents living and working around Chaohu benefit from well-being, health and economy, which is very significant for improving the water quality of Chaohu basin. The land acquisition and resettlement will cover three village groups (Ren Village group, Peng Village group and Zhanglao Village group) of Zhangmiao Village in Fudu Town. The Resettlement Plan is formulated in accordance with the Land Law of the People’s Republic of China (2004), Notice on Strengthening Reform to Strict Land Management Promulgated by State Council (No.: GF [2004]28), relevant Anhui Provincial policies, Involuntary Resettlement requirements of the Asian Development Bank Safeguard Policy Statement (2009). The resettlement and income-recovering measures will include cash compensation, endowment insurance for landless farmers, technical training and preferential employment of project, etc. Permanent land acquisition is mainly caused by the construction of the wastewater treatment plant, which will exert a slight impact on daily agricultural production based on statistic analysis. In the Zhangmiao Community, through consultation with the APs, all compensation fees for land acquisition will be paid to APs. The land acquisition and resettlement cost will be included in the overall budget of the project. Based on the price of October, 2011, the total resettlement costs are RMB 5,325,300, including basic cost of land acquisition, relevant taxes and contingencies, accounting for 4.14% of the total project costs.
j. Resettlement provision for children and young people This report examines how well young offender institutions (YOIs) holding young men (aged 15 to 18 years) work with youth offending services and other relevant agencies to ensure that the accommodation and education, training and employment (ETE) resettlement needs of sentenced young men are met in custody and on release, including the use of release on temporary licence (ROTL). The findings in this report come from two main sources: fieldwork at six male YOIs and responses from 770 sentenced young men surveyed across all nine male YOIs. Fieldwork included interviews with the head of resettlement and the head of learning and skills at each establishment; interviews with 61 sentenced young men approaching release; and interviews with the establishment case supervisor and/or analysis of the case files for each of the 61 young men in our case sample. Case supervisors were also asked to complete a questionnaire on what accommodation and ETE the young people in our sample had on their day of release, and a month after release.
k. VIE: Phuoc Hoa Water Resources Project The Duc Hoa Main Canal is about 17.68 km in length, passing through Trang Bang district of Tay Ninh Province, Cu Chi district of HCMC and Duc Hoa district of
Long An province, and will deliver water to the Duc Hoa Irrigation area benefiting a command area of approximately 13,821 ha. Overall, there are 337 households (with about 1,447 people) and 6 organizations to be affected by the project. From the affected households, there are 139 HHs severely affected. There are 54 HHs having their house affected, in which 37 HHs will be entirely losing houses, 10 HHs will be partly losing houses and 7 HHs will be losing shops). It is estimated that 120 HHs losing more than 20% of their productive land. Compensation will be paid for some 5,975.02 m2 of housing and structures. About 65,557.75 m2 of crops and about 45,774 trees will be affected by the project. No ethnic minorities in the communes are affected. As permitted under Decree 197/2004/ND-CP, MARD has assigned the Tay Ninh Provincial Peoples’ Committee (PPC) to be the project owner responsible for the implementation of resettlement activities for Duc Hoa main canal – Tay Ninh section. PPMB Tay Ninh is an implementation agency which is responsible for the preparation and implementation of the RP. However the main overall project implementation agency is ICMB9 under MARD. Implementation of the updated RP will be regularly supervised and monitored by PPMU’s internal monitoring with the support of OSDP consultants and implementation consultants. A qualified external monitoring consultant was selected by ICMB9 for conducting independent monitoring on the compliance of the compensation and resettlement implementation with the regulations of updated RP Compensation and assistance for APs are funded by the counterpart fund of Vietnam’s Government (MARD) and ODA loans. After obtaining approval of compensation plan by the PPCs, the Center for Land Fund Development of Trang Bang District will withdraw cash from the Provincial Treasury to pay for APs.
5. CLOSING REMARKS: COMMUNITY DEVELOPMENT APPROACH TO RESETTLEMENT
Community development as it is defined by Frank and Smith is "...the planned evolution of all aspects of community well-being (economic, social, environmental and cultural). It is a process whereby community members come together to take collective action and generate solutions to common problems." 11 From community development point of view, resettlement can be defined as a process of relocating numbers of people who live in a certain geographical boundary (community), that involves participation in raising their awareness, strengthening and empowering their potentials, building and developing their capacity, as well as protecting the outcomes that benefit both for the affected people as well as for larger community members. Community development scope can vary from small initiatives within a small group, to large initiatives that involve the whole community. Regardless of the scope of the activity, effective community development should be a long-term endeavor, well planned, inclusive and equitable, holistic and integrated into the bigger picture, initiated and supported by community members, of benefit to the community, and grounded in experience that leads to best practice.
11
Flo Frank and Anne Smith. 1999. The Community Development Handbook A Tool To Build Community Capacity. Labor Market Learning
and Development Unit, Human Resources Development Canada (HRDC). p.6.
The primary outcome of community development is improved quality of life.
Effective community development results in mutual benefit and shared responsibility
among community members and recognizes the connection between social, cultural,
environmental and economic matters, the diversity of interests within a community;
and its relationship to building capacity.
Having extensively discussed both resettlement principles and practices as
well as community development approach, it is the intention of this closing remarks
at proposing a model that should at least involves four basic steps; raise community
awareness, community empowerment, capacity building and development and
protection of the outcomes. Feature 1 below, summarizes the four spoken steps and
key indicators used in monitoring activities during both RP updating and LRP
preparation as well as in the implementation of updated RP and LRP. Therefore,
monitoring result will be interpreted and analyzed along community development
principles above.
Feature 1. General steps of community development and indicator used for
resettlement
ひ SHARING information ON: project scheme
ひ Clear understanding about community rights and obligations
RAISE AWARENESS
ひ POLICY FRAMEWORK on:
ひ Inclusion of AHs
ひ Fair and just Compensation
EMPOWEMENT
ひ Community Capacity Building and Development
ひ Stakeholders' Capacity Development
DEVELOPMENT
ひ Protection on land and state assets for designated public functions
ひ Protection for community livelihood
PROTECTION
DAFTAR PUSTAKA
Asian Development Bank. 2007. Dhaka Water and Sanitation Authority. Bangladesh: Dhaka Water Supply Sector Development Program. Black & Veatch (Asia) Ltd., 2006, PRC: Guiyang Integrated Water Resources Management Sector Project, ADB, Guiyang, China. Local Self Government Department, 2012, India: Rajasthan Urban Sector Development Investment Program – Widening and Strengthening of Various Roads at Sikar Town Subproject, ADB, India. Punjab Irrigation Department (PID), 2012, PAKISTAN: Punjab Irrigated Agriculture Investment Project (PIAIP), ADB, Pakistan. The Wuwei Government ADB Loan Project Working Panel, 2012, PRC: Anhui Chao Lake Environmental Rehabilitation Project, ADB, China. HM Inspectorate of Prisons, 2011, Resettlement provision for children and young people, London, England. Project Management Board for Investment and Construction of Agriculture and Rural Development of Tay Ninh Province, 2012, VIE: Phuoc Hoa Water Resources Project, ADB, Vietnam. Lao People’s Democratic Republic, Ministry of Communication, Transport, Post and Construction, 2003, Roads For Rural Development Project: Resettlement And Community Development Plan, Xaisetha–Sanxai. Lillian Mwanri, Kiros Hiruy, Joseph Masika, (2012) "Empowerment as a tool for a healthy resettlement: a case of new African settlers in South Australia", International Journal of Migration, Health and Social Care, Vol. 8 Iss: 2, pp. 86-97 Patralekha Chatterjee, 2009, Srilanka: InnovatIve approaches for Involuntary resettlement, UN-HABITAT, Srilanka. Frederic Giovannetti, 2006, Bujagali Interconnection Project Resettlement and Community Development Action Plan, Burnside, Canada. African Development Bank, 2003, Involuntary Resettlement Policy, Côte d'Ivoire, Abidjan. Asian Development Bank, 1998, Handbook on Resettlement: A Guide to Good Practice, Philippines, Manila. International Finance Corporation, 2002, Handbook for Preparing a Resettlement Action Plan, U.S.A, Washington. UNHCR, 2011, UNHCR Resettlement Handbook, Switzerland, Geneva.