Papua New Guinea: Bridge Replacement for Improved Rural … · Updated Resettlement Plan Final Report August 2014 Papua New Guinea: Bridge Replacement for Improved Rural Access Sector

Updated Resettlement Plan Final Report August 2014

Papua New Guinea: Bridge Replacement for

Improved Rural Access Sector Project-Magi

Highway

Prepared by Department of Works, Port Moresby for the Government of Papua New Guinea

and the Asian Development Bank.

This is an updated version of the draft originally posted in December 2014 available on http://www.adb.org/projects/documents/bridge-replacement-improved-rural-access-sector-project-magi-highway

This Updated Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. 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.

INDEPENDENT STATE OF PAPUA NEW GUINEA

DEPARTMENT OF WORKS

`L2783/2784 PNG: BRIDGE REPLACEMENT FOR

IMPROVED RURAL ACCESS SECTOR PROJECT (BRIRAP)

I. Resettlement Plan Update– Magi Highway

Department of Works

August, 2014

I: Resettlement Plan – Magi Highway

Resettlement Plan: Bridge Replacement for Improved Rural Access Project (BRIRAP)

Document Stage: Final Draft

Project Number: L2783/2784 - PNG

May, 2014

Exchange Rate: 1USD = 2.8268

1PGK = 0.3538

Papua New Guinea: Bridge Replacement for Improved Rural Access

Project (Magi Highway)

Prepared by Department of Works, Port Moresby, for the Asian Development Bank.

The Resettlement Plan is a document of the borrower. The views expressed herein do not

necessarily reflect those of ADB’s Board of Directors, Management, or staff, and are final

updates.

Table of Contents

Abbreviations and acronyms………………………………………………………………………………………. iv

Glossary of terms……………………………………………………………………………………………………….. v

Map 1: Project Coverage…………………………..…………………………………………………………. vi

A. Executive Summary………………………………………………………………………………………………….. 1

Table 1: Summary of Eligibility Criteria…………………………………………………..………………….. 2

B. Project Description………………………………………………………………………………………………….. 3

Table 2: Bridge Span and Estimated Cost new bridge replacement…………………………. 4

C. Scope of Land Acquisition and Resettlement………………………………………………………….... 4

i. Projects Potential Impacts………………………………………………………………………………………….. 4

ii. Scope of Land Acquisition…………………………………………………………………………………………... 4

Table 3: Scope of Land Acquisition………………………………………………………………………..... 5

iii. Effects of Assets Lost…………………………………………………………………………………………..……... 5

iv. Common property resources……………………………………………………………………………………... 5

D. Socio Economic Information & Profile…………………………………………………………………….. 6

i. Demographic features of affected peoples……………………………………………………………….. 6

ii. Impacts of Land & Assets Acquisition on affected peoples………………………………………… 7

iii. Projects Impacts on poor, Different Ethnic groups, and other vulnerable groups……….. 9

iv. Gender and Resettlement Impacts……………………………………………………………………………… 10

E. Information Disclosure, Consultation and Participation…………………………………………… 11

i. Project Stakeholders……………………………………………………………………………………………… 11

ii. Consultation & Participation Mechanisms…………………………………………………………………… 11

iii. Activities undertaken to disseminate Project & Resettlement Information………………… 11

Table 4: Key Dissemination and Resettlement Activities ………………………………………… 12

iv. Results of Consultations with affected people…………………………………………………………… 12

v. Disclosure of the draft resettlement plan…………………………………………………………………… 13

vi. Planned information disclosure measures during project implementation………………… 13

F. Grievance Redress Mechanism……………………………………………………………………………….. 14

G. Legal Framework…………………………………………………………………………………………………….. 15

i. National & Local Laws & ADB Policy requirements…………………………………………………….. 15

Table 5: Comparison of PNG Laws & ADB Policy & Gap –Filling Measures……………… 18

ii. Resettlement Policy Principles for the project…………………………………………………………… 18

iii. Principles and Methodologies for determining valuations and compensation rates….. 19

iv. Description of Land Acquisition…………………………………………………………………………………. 19

H. Entitlements, Assistance & Benefits………………………………………………………………………… 20

i. Displaced Persons Eligibility for Entitlements…………………………………………………………….. 20

Table 6: Entitlement Matrix……………………………………………………………………………………. 21

L 2783/2784 PNG: BRIDGE REPLACEMENT FOR IMPROVED RURAL ACCESS PROJECT (BRIRAP)

ii

Table 7: Entitlements to Entitled Persons……………………………………………………………….… 22

ii. Assistance to Vulnerable Groups……………………………………………………………………………….. 22

iii. Opportunities for affected persons to derive appropriate development benefits……… 22

I. Relocation of physical Structures……………………………………………………………………………. 23

i. Options for relocating physical structures………………………………………………………………… 23

ii. Consideration of Alternative relocation sites……………………………………………………………. 23

iii. Time Table for site preparation and transfer……………………………………………………………. 23

iv. Legal requirements to regularise tenure and transfer title……………………………………….. 23

v. Measures to assist displaced persons……………………………………………………………………….. 24

J. Income Restoration and Rehabilitation……………………………………………………………………. 24

i. Possible Livelihood Risks…………………………………………………………………………………………….. 24

ii. Income Restoration Program……………………………………………………………………………………… 25

iii. Special Measures to support vulnerable groups…………………………………………………………. 25

iv. Specific gender considerations…………………………………………………………………………………… 25

v. Suggested Training Programs………….………………………………………………………………………….. 26

K. Resettlement Budget & Financing Plan…………………………………………………………………… 26

i. Itemised budget for Resettlement activities………………………………………………………………. 26

Table 8: Resettlement Budget……………………………………………………………………………….. 27

Table 9: Resettlement Support Services Budget………………………………………………….. 27

ii. Flow of funds……………………………………………………………………………………………………………… 27

iii. Justification for calculating compensation rates and other cost estimates………………… 28

iv. Sources of Financing………………………………………………………………………………………………….. 28

L. Institutional Arrangements…………………………………………………………………………………….. 28

i. Responsibilities and mechanisms for carrying out Resettlement Plan………………………… 28

ii. Institutional capacity building program……………………………………………………………………… 29

iii. Role of Civil Society Groups………………………………………………………………………………………. 30

iv. Involvement of Women’s groups in Resettlement Planning and Management…………. 30

M. Implementation Schedule…………………………………………………………………………………….. 30

Table 10: Implementation Schedule (1) …………………………………………………………………. 31

Table 11: Implementation Schedule Update (2) ……………………………………………….. 32

N. Monitoring & Reporting………………………………………………………………………………………… 33

Table 12: Monitoring and Evaluation Indicators……………………………………………………….. 34

Tables

Table 1: Summary of Eligibility and Entitlements Criteria Matrix for DPs………………… 2


iii

Table 2: Bridge span and estimated cost of new bridge replacement…………………….. 4

Table 3: Scope of Land Acquisition…………………………………………………………………………. 5

Table 4: Key Dissemination and Resettlement Activities…………………………………… 12

Table 5: Comparison of GoPNG Laws & ADB –Policy & Gap – Filling Measures….. 18

Table 6: Entitlement Matrix……………………………………………………………………………….. 22

Table 7: Entitlements to Entitled Persons………………………………………………………….. 22

Table 8: Resettlement Budget……………………………………………………………………………. 27

Table 9: Resettlement Support Services Budget………………………………………………… 27

Table 10: Implementation Schedule 1..……………………………………………………………….. 31

Table 11: Implementation Schedule 2…………..…………………………………………………….. 32

Table 12: Draft Monitoring and Evaluation Indicators………………………………………….. 34

Appendices

Appendix I: Socio-Economic Survey………………………………………………………………………… 43

Appendix II: Public Information Bulletin…………………………………………………………………… 44

Appendix III: Land Acquisition Cadastral Survey Plan: Dogona Bridge……………………….. 45

Appendix IV: Land Acquisition Cadastral Survey Plan: Kokebagu River Bridge…………… 46

Appendix V: Land Acquisition Cadastral Survey Plan: Sivitatana Bridge…...………………. 47

Appendix VI: Land Investigation Report and Land Valuation: Dogona..……………………... 48

Appendix VII: Land Investigation Report and Land Valuation: Kokebagu River…………… 49

Appendix VIII: Land Investigation Report and Land Valuation: Sivitatana……..…………….. 50

Appendix IX: Improvement and Crop Valuation: Dogona………………………………………. 51

Appendix X: Improvement and Crop Valuation: Kokebagu River………………………….. 55

Appendix XI: Improvement and Crop Valuation: Sivitatana…………………………………... 59

Appendix XII: Contract of Sale between State & Landowners: Dogona.......................... 62

Appendix XIII: Contract of Sale between DPs and State: Brown River…………………………. 72

Appendix XIV: Contract of Sale between DPS and State: Sivitatana…………..……………….. 87

Appendix XV: List of APs on all Bridge sites…………………………………………………………………. 97

Appendix XVI: Photographs of DPs……………………………………………………………………………….. 102


iv

Abbreviations & Acronyms

ADB Asian Development Bank

APs Affected Persons

DLO District Lands Officer

DOL Department of Lands and Physical Planning

DOW Department of Works

DMS Detailed Measurement Survey

EA Executing Agency

EIA Environment Impact Assessment

GAD Gender Awareness Development

GAP Gender Action Plan

GoPNG Government of Papua New Guinea

Ha Hectares

HH Household

HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency of Syndrome

IA Implementing Agency

IOL Inventory of Loss

LLG Local Level Government

MOA Memorandum of Agreement

OPA Office of Provincial Administration

PIU Project Implementation Unit

PLO Provincial Lands Officer

PPTA Project Preparatory Technical Assistance

IEE Initial Environment Examination

IPSA Initial Poverty and Social Assessment

JICA Japanese International Cooperation Agency

LNQ Liquefied Natural Gas

MTDP Medium Term Development Plan

NGO Non-Government Organisation

PNG Papua New Guinea

PSA Poverty and Social Assessment

RC Replacement Cost

RF Resettlement Framework

ROW Right Of Way

RP Resettlement Plan

SD&G Social Development & Gender

SES Social Economic study

SPRSS Summary Poverty Reduction and Social Research

SPS Safeguard Policy Statement (ADB)

STI Sexually Transmitted Disease

BRIRAP Bridge Replacement for Improved Rural Access Project

TOR Terms of Reference

WB World Bank


v

GLOSSARY OF TERMS

Meaningful consultation A process that (i) begins early in the PPTA and is carried out on an

ongoing basis throughout the project cycle. (ii). Provides timely

disclosure of relevant and adequate information that is

understandable and readily accessible to affected people. (iii). Is

undertaken in an atmosphere free of intimidation or coercion;

(iv).is gender inclusive and responsive, and tailored to the needs

of disadvantaged and vulnerable groups; and (v) enables the

incorporation of all relevant views of affected people and other

stakeholders into decision making, such as project design,

mitigation measures, and implementation measures.

Affected Persons

(APs)

Persons who are impacted by the project; either be relocation of

Households, economic losses including; Markets, trade stores,

and crops and also those who; live close to the project such as

neighbouring clans, public health and education workers, people

of the same electorate, province or people from other provinces

who regularly use the bridge.

Displaced Persons (DPs) In the context of involuntary resettlement, displaced persons are

those who are physically displaced (relocation, loss of residential

assets, access to assets, income sources, or means of livelihoods)

as a result of (i) involuntary acquisition of land, or (ii) involuntary

restrictions on land use or on access to legally designated parks

and protected areas.

Physical Displacement Relocation, loss of residential land, or loss of shelter as a result of

(i) involuntary acquisition of land, (ii) involuntary restrictions on

land use or on access to legally designated parks and protected

areas.

Economic Displacement Loss of Land, assets, access to assets, income sources, or means of

livelihoods as a result of (i) involuntary acquisition of land, or (ii)

involuntary restrictions on land use, or on access to legally

designated parks and protected areas.

Gender Mainstreaming The process of ensuring that gender concerns and women’s needs

and perspectives are explicitly considered in projects and

programs, and that women participate in the decision making

processes associated with development-based activities.

Country Safeguard

Systems.

This is the legal and institutional framework of Papua New

Guinea, and it consists of its national, sub national, or sectoral

implementing institutions and relevant laws, regulations, rules

and procedures that pertain to the policy areas of social safe

guards.

Significant Impact The loss of 10% or more of productive assets, (income

generation),or physical displacement and or both.


vi

MAP 1: PROJECT LOCATION

1

A. EXECUTIVE SUMMARY

1. The project aims to replace temporary timber and bailey bridges and other badly

deteriorating bridges on the National Highways in PNG with permanent bridges. The old

bailey bridges will be used on Provincial and District roads to provide access to rural areas.

The Project cover 27 replacement bridges on five priority National Highways and 22 reusable

bridges on provincial, district and local roads connecting rural communities within the

corridor of influence of these five priority national highways.

2. This contract package along the Magi highway in the Central Province involves the

replacement of three single lane steel plate girder bridges more permanent two lane steel

plate girder bridges. The old bridges will be dismantled and transported to Kwikila DOW base

camp. The Central Provincial Government and DOW will decide on the relocation of the three

bridges within the district. According to Land investigations at all bridge sites there are more

than two land claimants without any dispute.

3. This sub-project requires land acquisition, which will not displace Households but will

affect other improvements. Compensation for loss of land, gardens, tree crops, and other

social and economic establishments need to be made prior to commencement of works is

critical to ensuring that the construction commences and completes without disruption.

4. The State will acquire 6.1863 hectares of land for the project, which will affect many

food crops and plants on the ROWs at the three bridge sites. Loss of assets will include one

grave yard and many food crops and economic plants and trees. Compensation will be paid

to the entitled persons at replacement cost for foregoing their assets. Total Costs of

displacement at replacement cost will amount to Three Hundred and Eleven Thousand,

Seven Hundred and Ninety Two Kina and Seventy Toea (K311,792.70). On that basis,

customary landowners have unanimously agreed to sell their land to the State and for

reasons being that they desperately need permanent bridges for safe access. and they have

sufficient land for sustaining livelihoods

5. The number of HHs and DPs identified and recorded in the initial RP (2011) was

substantially reduced from 48 HHs to 41 at an average occupation rate of 5 persons per HH

and DPs from 258 to 205. All these HHs are headed by males. Both males and females

contribute in household activities to feed every household member. The DPs originate from

within the Rigo Central district despite certain claims that the Sivitatana DPs migrated from

Inland Rigo while Kokebagu DPs originate from Saroa village. In terms of education and

health services, the DPs have the drive the to send school age children to school as most

primary schools are located within their respective villages but the completion rate is poor.

Due to poor water quality and food intake their health status is poor where many people die

out of dysentery related diseases before they reach the nearest hospital.

6. All DPs at this sub-project areas relay on subsistence farming. Cash income from

garden produce such as vegetables, yams, taro, Aibika, and cash crops like coconut, support

their livelihoods. All DPs are eligible and are entitled to receive displacement fees at


2

replacement costs. This is likely to have positive impact on all DPs including women and

children and other vulnerable groups in the short term.

7. The following table shows the criteria being applied to determine eligibility to receive

an entitlement:

Table 1: Summary of Eligibility and Entitlements Matrix Criteria for DPs

8. Both male and female DPs expressed full support for the construction as they want to

have safe access because Dogona is a traffic hazard while Kokebagu and Sivitatana

continuously gets over flooded during heavy rains and prevent access for over a week.

Immediate replacement would be more of greater benefit to DPs including Affected Persons

(APs) mainly those who ply the Magi Highway between Port Moresby, Rigo and Abau

electorates in the Central Province. An initial MOA has been signed by DPs giving their

consent to the State to proceed with project implementation. A total of six contracts of sales

between the state and DPs have been signed to give effect to land acquisition in lieu of cash

payment.

9. The month of May is the cut-off date for any claims. DOW will commence

compensation payment in July 2014 based on the LIR and Valuation commissioned by DOW

as per Valuation. Compensation payments for both land acquisition and crop damage will be

paid to all identified DPs as there are no land disputes between DPs. The DPs expressed their

willingness to relocate upon receipt of compensation payments. ADB will be constantly

updated on the relocation progress.

Type of Impact Entitled Person (s) Entitlements

Permanent

Acquisition of Land

Legal Owner(s)

including customary

Landowners

Informal settlers on

land to be acquired.

Provision of similar size of land is not visible.

Will be paid compensation at replacement

costs for Land acquisition and damage to

households and crops.

Temporary Use of

Land

Legal or Customary

Land owners.

Contractor will pay rent on negotiated rates

between DPs & Contractor.

Loss of Crops and

Trees

All DPs irrespective of

Legal status.

All crops and trees deemed for damage will be

paid compensation based on market rates

Loss of Commercial

Structures

ALL DPs regardless of

Customary or migrant

settlers.

DPs will be provided compensation at

replacement costs without deductions for

depreciation or salvage materials or assistance

in finding an alternate site.

Loss of Livelihoods Any vulnerable HHs

identified by

additional social

assessment.

Vulnerable households will receive priority

employment for project construction &

maintenance work.

Unforeseen or

unintended impacts.

Concerned displaced

persons.

Will be determined as per the principles of

this RP & ADB’s Safeguard policies.


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B. PROJECT DESCRIPTION

10. The Project aims to replace aging and single lane bailey bridges and other badly

deteriorated bridges on the National Highways in Papua New Guinea (PNG) with double lane

permanent bridges. The old bailey bridges will be dismantled and re-deployed to Provincial

and District roads to provide access to rural areas. The Project will cover replacement of 27

bridges which include: 17 bailey bridges, two steel truss bridges, three steel plate girder

bridges, two log bridges and three cause-ways. Twenty two (22) of these bridges (17 bailey

bridges), 3 steel plate girder bridges and the two steel truss bridges) are reusable on the five

priority National Highways.

11. It is anticipated that improving access for rural communities will have positive impacts

on access to better social and economic services, and therefore better living standards.

Importantly this project will contribute to improved flow of traffic, less traffic congestion at

bridge sites, and a safer road transport service.

12. Expected overall outcome is improved and safer access to markets and social services

for rural population living along the selected road corridors and expected specific outputs

are: (i) Reduced bottlenecks on the National Highways, (ii). Safer journeys for both motorized

and non-motorized transport users on the roads, (iii). Improved capacity of the road agencies

especially Department of Works (DOW) and National Roads Authority (NRA) to manage

bridge assets but also to provide greater levels of accountability and transparency; and (iv)

maintenance of the bridges by beneficiary communities” (DOW 2011).

13. The project is aligned and consistent with the medium and long term national

development plans, goals and strategies. One of the targets of the National Governments

Strategic Development Plan 2010-2030 is that by 2030 eighty five percentages (85%) of rural

communities will have access to better and safer road transportation. This project will

contribute towards achieving that target. In addition, it should have positive impact on rural

industries such as Mining, Petroleum, Logging, Agro-forestry, Agriculture and other

downstream processing projects.

14. The Project is estimated to cost US$100 million and will be funded by an ADB loan of

US$90 million comprising a US$50 million ADF loan and US$40 million OCR loan, and

counterpart funding of US$10 million from the GoPNG.

15. The Magi Highway component of the project will cost US$12.9 million or K36.5 million

based on detailed engineering design (DED) and current exchange rates. Table 2 provides

details of the specifications of the three bridges and their estimated costs.


4

Table 2: Bridge span and estimated cost of new bridge replacement.

16. The existing Steel plate Girder Bridges (STBs) are small and deteriorating. These will

be dismantled, transported to and stored at DOW base Camp at Kwikila District Station. DOW

will make a decision in consultation with CPG whether or not to re-use them on provincial or

district roads in the Central Province.

17. This resettlement plan (RP) relates to the three bridges and the bridge site

communities that will be affected and have their land and garden crops displaced as a result

of the construction of the three new bridges.

C. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

i. Projects Potential Impact

18. This sub-project does not require physical displacement of HHs meaning all bridge

sites have no HHs located within the ROWs. Thee Detailed Measurement Survey (DMS)

confirmed that the State will acquire 6.1863 hectares of land for bridge alignment and road

approach which becomes the ROWs on all three bridge sites as shown in (Appendix III,IV &

IV). The ROWs land currently accommodates: gardens, plants, and a grave yard.

ii. Scope of Land Acquisition

19. Table 3 shows the extent of land to be acquired (refer to details in Appendix VI, VII &

VIII) for full listing of names of DPs and the number crops and plants that will be foregone

(refer to Appendix IX, X & XI) for the full listing specific names of crops and plants and trees).

The following table indicates the summary of the land on which gardens and plants are

grown which will be foregone as a result of the ROW acquisition.

Name of

Bridge

Chainage Bridge

span (m)

2011 Est.

Cost (US$)

2014 Final

Cost Est (US$)

PNG Kina

Dogona 62.7km 25m US$ 6.4m US$ 2.3m K 6.5m

Kokebagu 77.6km 25m US$ 6.4m US$ 4.8m K13.6m

Sivitatana 80.7km 25m US$11.9m US$5.8m K16.4m

Total 75m US$24.7m US$12.9m K36.5m


5

Table 3: Scope of Land Acquisition

Bridge

Name

Estimate

d Land

Loss (ha)

Crops/Trees loss No of

DPs Lose

10%+

Dogona 2.0067 Sago, Bush trees,Mango trees, Nonu tree, Breadfruit

tree,Rosewood tree,Kwila tree,Pandanus Nuts trees,palm

trees,Flowers, other herbal plants, vanilla plant,Coconut

tree,Frangipani tree, Banana trees, betel nut tree, mustard,

pineapple, yam,taro, cassava,sugar cane,pawpaw,gum trees,

34

Kokebagu 1.8346Aibika, Banana, Sugar cane,Pawpaw trees,Rain

trees,Mustard plant,Taro Plant,Tomatoe plant,Aupa

Kumu,Coconut tree,Mango trees,Bean plants, betel nut

trees, bush trees, Taro crop,Parchoi plant,water curries,

Kaukau,Ross wood,cassava, guava trees,

80

Sivitatana 2.3450 Banana trees, coconut trees, pawpaw trees,mustard

plant,mango trees, Guva trees, Bush trees,Bread fruit

trees,pine trees,rain trees,palm trees, betel nut

palms,rosewood,sweet potato, gum tree, 1 graveyard

91

Total 6.1863 205

iii. Effects of Assets Lost

20. The loss of land, vegetables, cash crops and other trees will affect DPs daily food

intake and income. The DPs access to the sites to harvest betel nut, vegetables and other

edible crops grown on site will also be affected. Because these items are grown on the bridge

sites, they harvest and sell the extra harvests near each bridge site for the travelling public to

buy on an irregular basis, especially during harvest days. These economic activities will cease

as a result of the construction. Although the affected people have adequate supply of food

for daily consumption their alternative place of gardening will cease forthwith.

21. Extra portions of land will be required by the Contractor on each bridge site for

construction camp, Construction equipment and materials construction materials and

construction workers residential camps. The contractor and the customary landowner will

agree at a particular rental fee to occupy the land and then return it after the completion of

the construction.

22. There is only one mini market located 500 metres east of the Sivitatana bridge site

(refer to appendix XVI) that enables APs to sell their local produce to generate cash income.

This is not in the ROW, therefore will not be removed during the bridge construction. The

other two bridge sites do not have similar markets but some DPs confirmed that they do sell

food crops and betel nuts harvested from their gardens on the respective sites only during

harvest days.

iv. Common Property Resources

23. In these sub project areas, fish is considered the most common resource although the

rivers do not have the capacity to hold fish. Dogona bridge site presented no chance of


6

fishing due to its hilly location while the other two presented no signs of fishing. The locals

indicated that fishing is difficult in the rivers. The rain tree in the Kokebagu and Sivitatana

region has just become a common property which is of higher value and yields higher

revenue in the region as a result of two portable saw mills milling timbers to make pallets.

The individual owners are selling directly to saw mill owners those considered to have

communal ownership are sold by clan consensus and proceeds shared equally. Few rain trees

at Kokebagu will be removed.

D. SOCIO-ECONOMIC INFORMATION AND PROFILE

i. Demographic features of affected peoples

24. Users of the Hiritano Highway are mainly the indigenous people of the Rigo and Abau

Districts of the Central Province with a population of 237, 016 people. All these people use

the Magi Highway to commute from the respective districts to and from Port Moresby.

25. It has been identified that a total of 41 households housing 206 persons with an

average household size of 5.0 in these sub-project villages. The number of persons per

household ranges from a high of 5-7 at the Dogona and Sarokaina villages to 9 at the

Sivitatana village. It is however not an uncommon practice for households of 14-16 persons

in the Central Province. This sub-project area has the following demographic composition:

20 years and under - 41.0 %

21 – 40 years - 40.0 %

> above 40 years - 17 .0%

Unkown ages 2.0%

26. It is obvious from the above data that over 80% the population are young people. It

was noted that 45% are comprised of female population in the sub project villages and male

population consist of 55%. The general practice among the communities in the Central

province is that girls get married as early as 17 years. It also became evident that most girls

marry before they complete Grade 10 & 12.

27. The 73% enrolment rate in education indicates the positive attitude to education.

Despite the above enrolment rate 33.65% completed Gr.10. This number was further

reduced to 12.2% completing Gr.12. The drive to further the education prospect drops

among the DPs as they reach the higher pyramid of the education where 12.68% end up in

various colleges and only 4% completing University degrees. It was sad to realise that

attaining higher levels of education is not the desire of households at the bridge sites hence

the low rates of university graduates. This is attributed and constrained by social structures

of the clans and beliefs that all should be equal and subservient to the elders.

28. All HHs are headed by male DPs in this sub project area. Both male and female

population participate in subsistence gardening to support their livelihoods. Every member of

a family ranging from children to adults makes it their customary business to work hard to

provide food on the table for the whole family.


7

29. The HH membership is usually comprised of extended members from both paternal

and maternal kinship. Distant relatives visit them from time to time but do not reside

permanently. There are two Highlanders, one Bougainvillean and one West New Britain

migrants are residing in Sivitatana village permanently but will not benefit directly because

they moved in fairly recently.

ii. Impacts of Land & Assets Acquisition on affected peoples

30. Income: DPs at the three bridge sites generate cash income from a variety of sources,

primarily from: sale of garden foods, betel nuts, trade stores, PMVs, timber milling and pallet

crafting, and remittance from relatives who work in formal jobs in urban centres. The DPs at

Kokebagu earn a relatively higher income of K20, 000.00 a month through timbers and

crafted pallets and supply regularly to CoCola factory, SP Brewery, and other big companies

like Monier and packaging companies in Port Moresby

31. Annual income per head ranges from K2,033 at Dogona, K6,071 at Kokebagu and K3,

033 at Sivitatana. These annual income levels per year are relatively higher compared to

other villages throughout PNG. The sub-project will also inject a substantially higher amount

of income through wages, purchase of goods at local markets, temporary land rentals and

sub contracts.

32. Benefits for Land acquisition are expected to be paid to the clans through the clan

leaders as indicated in the Contract of Sales Documents (Appendix XII, XIII & XIV). The village

leaders from all bridge sites confirmed their desire of having land acquisition monies paid

directly to them so that they would be responsible for distribution. The Councillors and

village leaders as well as members of the clans expressed their views with no uncertain terms

that they want DOW to pay DPs directly instead of the common practice of making payment

through Central Provincial Administration as they have experienced some bad practices by

officers from the Central Provincial Administration.

33. Compensation payments to individuals with garden plots and cash crops will be paid

directly to owners (see Appendix IX, X & XI). A separate MOA will be signed to formalize the

consent by the DPs to forego improvements and relocate as agreed and to undertake not to

make further demand from the state for compensation payments in the future. These

compensation payments are considered as benefits in lieu of foregoing their assets to pave

way for the construction of the three bridges.

34. DPs will receive compensation for Land purchase and Improvements (crops, planted

and natural trees and a grave yard).

35. Land Ownership: Landownership rights in these bridge sites remain with customary

owners which have been transferred from generation to generation through the patrilineal

lineage system. The female kinship cannot claim ownership rights.That right to claim land

ownership rights remain entirely with male population The Dogona bridge site is owned by

two clans namely Goriga clan and the Gininana clan. The Kokebagu bridge site is owned by

three groups namely: Aboga Kabudo and Tomura Mamaea from the Goina clan, and Mana


8

Inia of Dogoro clan. The Sivitatana bridge site is owned by Verave Rubu and Bole Rubu clans

(see appendices XII, XIII & XIV).

36. Livestock: Certain DPs at all bridge sites own between 2 to 4 pigs. Other than pigs,

there have been no visible signs of cattle grazing, goats or sheep farming. There are, however

evidences of people venturing in to chicken broilers at all the sites.

37. Common Property Resources: In these sub project areas, fish is considered the most

common resource although the rivers do not have the capacity to hold fish. Dogona bridge

site presented no chance of fishing due to its hilly location while the other two showed signs

of fishing but people do not fish. The locals indicated that fishing is difficult in the rivers. The

rain tree in the Kokebagu and Sivitatana region has just become a common property which is

of higher value and yields higher revenue in the region as a result of two portable saw mills

milling timbers to make pallets. The individual owners are selling directly to saw mill owners.

The trees that are considered to have communal ownership requires payment to the

community or clan where consensus is very often reached to share the proceeds equally.

38. Estimated total expenditure: The annual income described in paragraph 30 and 31

has not translated into improving living standards but are said to be spent on less important

goods. From the interviews it was noted that about 58% of total annual income is spent on

processed goods, 14% education and health care, 4% one clothes and foot wear,15% on

school fees and clothes and 10% on cultural and religious commitments. As a result of their

cultural believes, the concepts of saving or using such revenue to venture into businesses or

building permanent houses are not considered. Their existence is to make money now and

spent on consumables all at ones without savings for future use. This practice is exacerbated

by their customary believes that any endeavour to construct a permanent house or buying a

PMV truck would lead to death of the principle owner. Everyone in the villages must settle

and remain as equal apart from their paramount chief.

39. Occupational Structure: Most DP households are engaged in subsistence agriculture,

primarily from their garden patches to provide for their daily food consumptions. Commercial

agriculture, especially rubber, coconut and cocoa are not evident in the affected villages.

Small-scale subsistence farming in banana, coconut, and vegetables are mainly for HH

consumption with surplus production sold at mini markets for cash. Betel nut farming is but

not a major farming activity in the sub-project area. There are however about 16.68% of the

total population (both male & female) from the sub-project sites have fulltime occupations

either in the private or public sector in urban centres throughout PNG. DPs are quite excited

that they believe this project will provide windows of opportunity for paid jobs and increased

demand for market produce. It was noted that none of the DPs are involved in artisan or

handicraft production, arguing demand only exists for handicrafts produced in the Highlands,

Sepik regions or Milne Bay Province.

40. Operating trade stores and PMVs are business ventures pursued by some DPs. Three

DPs from Sivitatana own and operate Public Motor Vehicles (PMVs), five PMVs comprising 3

long tray dyna trucks and two 15 seater buses are owned and operated by Sarokeina villages ,

and several from Saroa village serve the Kwikila to Port Moresby travelling public. The PMVs

provide regular income for the drivers and crew members and of course the owners of the


9

PMVs. At Sarokeina 4 HHs operate 4 trade stores, five diesel retailers and road side store

goods are also sold by DPs. Saroa village has more than 5 trade stores.

41. Access to Public Services: Health care amenities, though not up to standard, are

within their reach. The DPs from the three bridge sites have access to Kwikila Health Centre,

while for smaller illnesses they get treatment from the respective Aid Posts. Kwikila Health

Centre provides services for immunization, awareness on communicable diseases and

HIV/AIDs. These rural health centres also provide treatments for Malaria, cough, water borne

diseases such as diarrhoea and dysentery and associated skin diseases. Cases of Typhoid, TB

and other chronic deceases are normally referred to Port Moresby General Hospital.

42. Water borne diseases and deaths are prevalent at the Kokebagu and Sivitatana River

bridge sites due to unboiled drinking waters. Water extracted from the rivers is generally not

boiled. DPs reported that the highest rate of death is caused by water-borne deceases like

diarrhoea and dysentery due to drinking dirty water, followed by Malaria, Typhoid and TB.

43. Educational facilities from elementary to lower secondary level are located well

within walking distance from the villages. That includes: Saroa Primary School (the oldest of

the three), Sarokaina and Sivitatana primary Schools. Both primary and secondary teachers

are attracted to these schools because the Magi Highway is in an excellent condition and Port

Moresby is not so far away.

44. Access to micro-finance is only available in Port Moresby making it relatively difficult

for DPs to access let alone the stringent collateral requirements of the banks1. Agricultural

extension services has not been provided for years although there is a Community

Development Officer based in Kwikila who literally does nothing due to funding constraints.

iii. Projects Impacts on poor, Different Ethnic groups, and other vulnerable groups

45. Poverty is a relativity term and a monetary definition, therefore does not really apply

in a rural setting. Given the strong culture of extended families caring for each other, it is

difficult to define and label one as being poor at present. What is possible however in the

medium term is to use present data and living standards of the DPs as the base point to

measure increments of attainment such as annual incomes, increased value of assets and

improved health and education conditions of the DPs pre-commencement of the project and

post completion of the project. And maybe then poverty will be more obvious than at

present time.

46. There are a few migrants from other ethnic groups living with the DPs who are very

much likely to benefit from the positive impacts of the bridge program. For example; In the

Dogona bridge there are migrants from Inland Rigo who live among the DPs who are most

likely to have a share of the benefits due to DPs. There are other individuals from Tari, WNB

and Bougainville living in Sivitatana who are also likely to benefit, although not directly.

1 Banks do not accept land at villages as collaterals for micro-financing


10

47. Similar to the poor persons, the vulnerable groups could not be easily identified. It is

quite normal for the DPs to cater for persons with disabilities, the elderly, the widows, and

the sick. Again the extended family culture diminishes traits of vulnerability. When asked

about vulnerability and desegregation of persons living with HIV/AIDs, the informants were

reluctant to expose any such stories except in expressing that persons living with HIV/AIDS

reside in Port Moresby, not at the villages impacted by the project. However, women DPs can

be classified as vulnerable groups who may be subjected to abuse by contract workers when

construction commences but presently they are well protected. The project will need to offer

special incentives to women such as job opportunities and scholarships for girls.

iv. Gender & Resettlement Impacts

48. Woman DPs when asked about the management and handling of large amount of

cash during the payment of compensation for land and crops forfeited for the construction of

the bridges, openly expressed their views that management and distribution of income from

any source are responsibilities of men. They expressed that although they would like their

voices heard in the decisions to be made, they would remain silent out of respect for their

custom, and to avoid family conflicts.

49. Being paternalistic societies, decisions relating to family and village welfare are

determined by men and passed on to women and children. It is the view of male DPs that

employment of casual workers be restricted to men however, it should not prevent the

contractor from employing women. Women are equally capable of doing any job whether it

be lifting metals, timbers, stone piling, digging using spades, cooking, washing or security

guards, or any other job because the SIS survey noted that women in all of Central Province

work harder than their male counterparts. Men are generally perceived as boastful and lazy.

Women DPs pointed out that if men folks work hard on their land, all arable land would be

cultivated.

50. The possibilities and incidents of family violence, marital problems, promiscuity and

alcohol related problems are inevitable and cannot be ruled out, as these have been

observed in many other similar projects in PNG. Continuous awareness on the effects and

impacts of these incidences including HIV/AIDs will contribute to mitigating these social and

health problems. Whilst it may be difficult to control these social disorders, preventative and

precautionary measures will be taken to cater for and attend to these social misconducts.

Where incidents relates to a contract worker and a member or members of the local

community, the Community Liaison officer (CRO) will facilitate meetings to ensure amicable

resolutions are reached and there is minimum disruption to construction work.


11

E. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

i. Project Stakeholders

51. Primary project stakeholders are the Landowners who own and occupy the three

bridge sites. The nearby clans of the same tribe(s) are not regarded as party to this group

although they are members of the broader community in which they share common believes

and values and partake in social events such as cultural shows, church gatherings, and land

matters.

52. Secondary stakeholders are neighbouring clans, commuters from Inland Rigo, Hula,

and Abau District, respective local level governments and Central Provincial Government. The

bridges after construction will have many secondary stakeholders, especially PMV owners,

business houses and commuters.

ii. Consultation & Participation Mechanisms

53. Meetings with individuals and group consultations were the main mechanisms used

for consultation. Several meetings were convened with the DPs at various locations to discuss

the likely impacts of Land acquisition and forfeiture of personal and community assets such

as gardens where food crops, betel nut and coconut trees and cultural establishments are

located. Consultations commenced July, 2013 – April 27, 2014. A meeting was also held with

the Kwikila District Administrator at the District office to discuss management of issues.

54. Additional meetings were held with the Kwikila District Administration Officers at the

district office. The Kwikila District Coordinator for Public Works was working fulltime to assist

in the Land Investigation and Valuation of crops. CPG Lands Officer and Surveyor were invited

to meetings at DOW office and engaged to assist in mapping out each bridge site and to do

Land Investigation Report (LIR). The District management expressed their utmost desire to

assist the contractor to ensure there is no lost time during implementation.

iii. Activities undertaken to disseminate Project Information and Resettlement

Information

55. Disclosure of information of the project, the construction of the bridges and its

implications including loss of land and assets commenced in March 2013. All stakeholders

were aware of the replacement of bridges and the need to forego land and gardens (assets).

Information was disseminated during the PPTA and during the DMS and SIS consultations,

DPs were fully informed of the project and its implications.

56. Details of these meeting dates and times are listed herein:


12

Table 4: Key dissemination and resettlement information activities

Dates Bridges Notes Participants11/11/13 Dogona,

Kokebagu and

Sivitatana.

SIS Meetings on site and explanation of the

need to acquire land damage to crops.

DOW & DPs.

14/11/13 Meeting with

Central

Provincial LO

Meeting to discuss Cadastral Plan, LIR,

Valuation of properties & SIS .

Central Prov. Lands

and DOW.

15/11/13 Dogona Bridge

Sivitatana

Kokebagu

Discussed SIS and Land ownership. 2hr at

Sivitatana village.

1 hour discussion with DPs at Dogona bridge

site.

15 minutes at Kokebagu due to bad whether.

DOW & DPs at

Sivitatana village.

Dogona.

25/11/13 DOW Office

Re. Sivitatana

Discussed SIS and equal distribution of Land

compensation among clanmembers & DPs.

Councillor Babaga

& DOW.29/11/14 Dogona

Kokebagu

Sivitatana

9-11am.Meeting with DPs

12-1pm: Meeting with DPs

3-4pm: Meeting with DPs

Meetings on site

25/05/14 Dogona

Kokebagu

Sivitatana

10-11am Meeting with DPs

12-1pm: Meetings on site

2-4pm: Meetings on site

All meetings on site

Effective consultations started in July 2013 and terminated on the 21 April, 2014. All bridge sites were

visited seven times each to conduct Cadastral Mapping, LIR and quantity surveying. Every DP was

informed about the need to acquire land and pay compensation for all assets at replacement cost.

v. Results of Consultations with affected people

57. The Primary stakeholders acknowledged the State’s right to build roads and bridges

for the good and interest of the Public. There was overwhelming support with little objection

to the loss of assets and resettlement. Following are some of the remarks from the DPs at

some of the meetings.

That all Land compensation payments be made to clan leaders. The Leaders will then

discuss with respective beneficiaries and decide whether to distribute evenly,

equitably or invest in small and sustainable businesses.

That all crop payments be made direct to owners of garden plots.

That DOW should handle all cash payments instead of Central Provincial Lands or

Provincial Works due to: mismanagement, demand for commissions, travelling

allowances, or delaying payments. Any deposits into District office for disbursement

to DPs will be a complete disaster. All third parties should be eliminated to ensure

transparency in cash distribution.

Well qualified welders, stone wall builders, carpenters, plumbers, drivers, cooks,

cleaners and all other trades are available in each village. They asked DOW to direct

all contractors to consider employing local labour (both male and females) instead of

recruiting from other places.

Access to clean water supply was a major concern raised by all the DPs. The

provincial and national governments have not provided any assistance over the years

and with the population increase in the area, there has been increased demand for

clean and safe drinking water. DPs were advised that the DOW in collaboration with


13

the LLG would facilitate the possibility of the contactor providing assistance in this

regard.

Women expressed their desire to participate in the bridge construction as workers

along-side their male counter parts. They were advised that the contractors will be

obligated to ensure that special considerations be given to women DPs for

employment opportunities.

DPs have been managing the issue on HIV/AIDS at the village level and they said it’s

not a major issue of concern, however, the State expects the Contractor to have a

contingency plan to carry-out awareness campaigns through community meetings,

delivery of pamphlets, posters and erect bill boards and issue condoms on site.

Kwikila District Administration was particularly impressed with the briefing and

pledged their support during construction phase. The District Management also

expressed their desire to decide on the use of old bridges because they know the

priority areas under their district infrastructure plan. DOW and District Management

need to discuss this matter further to reach some compromise.

vi. Disclosure of the Planned Resettlement plan

58. Initial information about the project, its negative and positive impacts including

displacement and resettlement were verbally relayed to the District Administration. They

were also engaged in the detailed Measurement Survey (DMS) which enabled them to know

the exact parcel of land that would be acquired, and subsequently the loss of gardens and

garden crops and other trees of economic value.

59. Relevant information contained in this report has been disclosed to key persons at

each site, especially where it relates to land acquisition, crop and vegetation damage,

payment schedules, and beneficiaries; and strategies involved in providing equal job

opportunities for all gender groups.

60. The Community Liaison officer (CLO) will advise DPs of additional land acquisitions for

the contractor’s site camp office, accommodation and water source. In consultation with the

DOW, the CLO will from time to time inform DPs through brochures and leaflets of progress

of the project.

61. Communication with DPs was less of an issue as nearly all DPs speak and understand

English and pidgin. For the motu speakers, fortunately there were pidgin speakers who were

able to interpret to the motu speakers. The Official languages for this particular component

of the project should be English and pidgin.

vii. Planned information disclosure measures during project implementation

62. Maintaining regular flow of information on progress status of the project and issues

on a regular basis will mitigate disruptions and enable smooth progress. Mechanisms that

will be employed will include newsletters, leaflets, radio announcements, and periodic

consultations with DPs. DOW will endeavour to disclose all necessary information to all

stakeholders through mandatory progress reports.


14

F. GRIEVANCES REDRESS MECHANISM

63. With regards to Land Disputes, the Central Province DOW will establish a grievance

redress mechanism to receive and address project related concerns and to resolve land

related concerns that may arise during project implementation. DPs will be informed by DOW

on how they can access to the grievance redress mechanism. Other than disputes relating to

landownership rights are legally contestable in a court of law as per the Land Disputes

Settlement Act 2000, it is anticipated that most grievances will be resolved through

traditional mediation process.

64. The Project in collaboration with the Central Province Lands Officer, who may be

assisted by the District Lands Officers, will institute a process to resolve disputes and

grievances based on the accepted procedures of mediation. As required the participation of

the appointed and traditional leaders will be facilitated to achieve a satisfactory resolution of

issues at the local level.

65. In general it is anticipated that customary mediation will yield satisfactory results

although in accordance with the Gender Plan prepared for this project, every attempt will be

made to ensure that women DPs, irrespective of traditional constraints, will be included and

not excluded from the mediation processes outlined here. However, it also needs to be

noted that this process varies from clan to clan including those DPs at the three bridge sites

included in this RP.

66. DPs can also lodge a complaint with the PIU in Port Moresby. Although the DPs on

each bridge site are closer to Port Moresby, they are at liberty to lodge such complaints with

the Project Safeguards Staff and Project Supervision Consultants who will also assist in

registering their complaints with the PIU. This will include assisting aggrieved DPs to prepare

their specific grievances and the PIU Project Manager will consider the complaint and within

15 working days convey a decision to the DPs. The Safeguards Staff as well as Local

Government Officials will assist the Project Manager in reviewing and addressing the

complaint. The Safeguards Team will also facilitate communication between the DPs and PIU

in this process. If the DPs are not satisfied with the decision, they may then take the

grievance to the PNG Judicial system.

67. If the grievance is to be taken to the PNG judicial system as per the Land Disputes

Settlement Act 2000, the following three steps in the dispute resolution are part of this

process:

(a) Local Lands Court (LLC): The case is heard before the Local Court Magistrate for

determination. If the litigants are not successful, they may appeal to a higher court.

(c) District Lands Court (DLC): The case is heard before a District Land Court Magistrate. If

the litigants are not successful, they may appear to a higher court.

(d) Provincial Lands Court (PLC): The case is presided by a Provincial Land Court whose

decision is final.


15

68. It needs to be noted that if recourse to the PNG judicial system is necessary because

of the failure of other means of grievance redress and the courts at any stage find in favour

of the litigants all costs associated with this form of dispute resolution will need to be paid by

the Project. Therefore this process should only always be used as a very last resort.

69. In the event that grievances that cannot be resolved through legal redress, the DOW

and DLO will hold the compensation amounts in escrow. Compensation will be paid in full

upon final resolution of the case through other means of mediation for an agreed upon

amount by the aggrieved parties (DPs) in accordance with the entitlements of the affected

persons.

70. Grievances with regards to wages, employment opportunities, sub-contracts, and

social issues caused by construction workers will be dealt with at the sub-project level. Any

issue of criminal nature will be referred to Police. The Contractor will deal with such

grievances on site because they have an obligation to address community issues. Usually, DPs

would want to refer grievances through DOW if they are not satisfied with response from the

Contractor. Should such occur, DOW will intervene to mediate and resolve such disputes.

Based on the nature and severity of the case, DOW has the power to direct the contractor to

resolve disputes to ensure construction is completed unhindered.

G. LEGAL FRAMEWORK

i. National & Local Laws & ADB Policy requirements

71. The policy framework and resettlement entitlements are based on the laws and

regulations of the GoPNG and ADB’s Safeguard policy. Appropriate PNG Laws include: (a) the

1996 Lands Act, and (b) the 2000 Land Dispute Settlement Act. The Resettlement Framework

for the project provides description of the relevant laws. Relevant ADB policies include the

2009 Safeguard Policy Statement and the 1998 Gender and Development Policy”.

72. The GoPNG does not have any specific resettlement policies at the National,

Provincial or local level for relocating and resettling people which would apply to the DPs

being relocated. PNG however does have relating to acquisition of land and assets by the

state for public purposes (eminent domain), and related legal procedures, compensation

payable, and the legally defined procedures for receiving and facilitating the resolution of

affected persons’ concerns and grievances are all incorporated in the Land Act of 1996.

73. In this sub-project, land and properties are on customary land tenure for which this

Land Act has processes that address the issue of customary land to be used for development

purposes. The Act covers customary land rights, which includes land owned, used or

occupied by a person or community in accordance with current customary usage. Access to

land and resources are embedded in social relationships and expressed as customary land

rights to utilise resources. Small clan based groups live in the villages, managing their own

resources, and exercising their rights to utilise them. These groups (clans which are

composed of sub-clans, lineage groups, and at the lowest level extended households) are

typically made of “primary right holders” – the leaders of the group – who collectively have

the authority to allocate user rights through their spokesperson. The rest of the lineage


16

typically possesses “secondary right”. Such rights maybe inherited or gained through

marriage to a primary rights holder and are strongly influenced by forms of matrilineal

descent.

74. ADB 2009 SPS includes the following policy principles of relevance to a project of this

nature that does not involve the physical displacement of affected persons but rather the

need to relocate some physical structures, and secure suitable replacement land for

gardening based activities, which inter alia will also apply to the sub-project along the Magi

Highway:

(i) Screen the Project early on to identify past, present and future involuntary

resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, and

concerned non-governmental organizations. Inform all displaced persons of their

entitlements and resettlement options. Ensure their participation in planning,

implementation, and monitoring and evaluation of resettlement programs. Pay

particular attention to the needs of the vulnerable groups, especially those below

the poverty line, landless, elderly, women and children, and indigenous peoples,

and those without legal title to land, and ensure their participation in

consultations. Establish a grievance redress mechanism to receive and facilitate

resolution of the affected persons’ concerns.

(iii) Improve or at least restore, the livelihoods of all displaced persons through (a)

land based resettlement strategies when affected livelihoods are land based

where possible or cash compensation at replacement value for land when the loss

of land does not undermine livelihoods; (b) prompt replacement of assets with

access to assets of equal or higher value; (c) prompt compensation at full

replacement cost for assets that cannot be restored; and, (d) additional revenues

and services through benefit sharing schemes where possible.

(iv) Provide with needed assistance, including the following: (a) secure land use tenure

on land identified for new garden sites and (b) if necessary transitional support

and development assistance such as land development, credit facilities, training or

employment opportunities.

(v) Improve the standards of living of the displaced poor and other vulnerable groups,

including women, to at least national minimum standards and provide access to

land and other resources that is both legal and affordable.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land

acquisition is through negotiated settlement to ensure that those people who

enter into negotiated settlement will maintain the same or better income and

livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights

to land are eligible for resettlement assistance and compensation of loss of non-

land assets.

(viii) Prepare a draft resettlement plan and disclose a resettlement plan elaborating on

displaced persons’ entitlements, the income and livelihood restoration strategy,


17

institutional arrangements, monitoring and reporting framework, budget, and time

bound implementation schedule.

(ix) Pay compensation and provide other resettlement entitlements before physical or

economic displacement and implement the resettlement plan under close

supervision throughout project implementation.

(x) Monitor and assess resettlement outcomes, their impacts on the standards of

living of displaced persons, and whether the objectives of the resettlement plan

have been achieved by taking into account the baseline conditions and results of

resettlement monitoring and disclose these monitoring results.

75. The ADB 2009 SPS also states that where there are indigenous peoples their identity,

dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded so

they can receive culturally appropriate social and economic benefits. However, not all people

living along the Magi highway are indigenous to the region having originated in other regions

of PNG and while indigenous peoples’ development issues might not seem relevant in the

PNG context of this contract package involving the Magi Highway corridor. However, as the

SES to date demonstrates it is the rights of DPs indigenous to the villages of this corridor

whose right to access to land needs to be safeguarded.

76. The other policy of relevance to this project is the ADBs 2003 Policy on Gender and

Development, which requires that all ADB financed projects ensure where possible and

practicable special design features and strategies will be built into projects to facilitate and

encourage women’s involvement and ensure tangible benefits for women.

77. There are some gaps between GoPNG policies and procedures and those of the ADB.

The main gaps relate to: (i) carryout meaning consultations that also ensure people living

below poverty line, landless, elderly, women and children are consulted; (ii) requirement to

improve or at least restore livelihoods of all displaced persons by ensuring all displacement

costs of assets lost is paid; (iii) provision of economically displaced persons with necessary

assistance to improve upon or restore their existing livelihoods at least to national minimum

standards of living; (iv) ensuring that displaced persons without recognizable rights to land

are eligible for compensation for loss of non-land assets; and, (v) monitoring and assessment

of resettlement outcomes.


18

78. Table 5: Comparison of GoPNG Laws & ADB Policy & Gap – Filling Measures

PNG Laws ADB SPS Requirement Gap Filling Measures

There are no

provisions for

ensuring meaningful

consultations that

include the people

living below the

poverty line, the

landless, elderly,

women and other

vulnerable facilitated.

There is a requirement

that not only must

consultations take

place but evidence is

provided that poorer

and vulnerable people

are informed of their

entitlements and

resettlement options.

RPs will be uploaded on the ADB website, edited and

translated versions translated versions will be available at

the Provincial, district and local level, and local clan

leaders whose members are affected will also receive a

copy of the RP. Also where relevant civil society groups

that agree to participate in the monitoring and evaluation

of the RP will receive full copy of the RP.

There are no

provisions to improve

or at least restore the

livelihoods of all DPs.

It is needed to

improve but at least

restore livelihoods of

all DPs by a range of

strategies targeted at

DPs.

Measures will consist of building upon existing livelihoods

to ideally provide for an improvement in living standards

or if impossible at least to restore to pre-subproject

levels.

There are very limited

provisions to provide

assistance or

compensation to DPs

who lose assets.

(e.g. Valuer Generals

2013 Price Schedule is

applied.)

Requirement by ADB

that DPs are

compensated for loss

of non-land assets at

full replacement costs.

Valuer General has been requested to provide an updated

2011 schedule for garden crops, food trees and timber

trees. Valuer General has provided an updated 2013 Price

Schedule.

There is no

requirement for the

monitoring and

assessment of

resettlement

outcomes.

The ADB requires that

that these outcomes

be monitored and

assessed.

The M & E indicators prepared for this resettlement plan

will enable outcomes to be monitored including their

impacts on living standards of DPs and whether the

objectives of the resettlement plan have been achieved

by taking into account baseline socio-economic

conditions. The monitoring reports will also be disclosed

including to DPs.

Source: RP 2011

ii. Resettlement Policy Principles for the Project

79. DOW as the EA has prepared this RP and hereby unequivocally states that it will abide

by national and local laws applicable to resettlement and the policy requirements of the ADB.

Specifically DOW states that it will ensure affected landowners will be paid fair compensation

for land and other productive assets acquired at agreed upon replacement cost; and be

responsive to grievance processes; and act in an accountable and transparent manner; and

will ensure that women will also be entitled to benefit during the resettlement processes.

The principles on land acquisition, compensation and resettlement that DOW will commit

itself to in the Central Province include:

a) Land acquisition and resettlement has been minimized through careful detailed

engineering design but in accordance with GoPNG policy where, a 40 meter ROW is

required. In the case of Magi Highway only the gardens and economic trees and one

grave yard will be displaced. The displacement is considered necessary as the DPs

have gardens right on the middle of the ROWs.


19

b) DPs were consulted during the inception stage of the project through to the

completion of RP and will continue to be consulted during project implementation

stage. This RP was updated with full participation of the DPs. Effective mechanisms

will be established for hearing and resolving grievances.

c) DPs will receive compensation at replacement cost for their loss of productive assets

and this should ensure they will be as well off if not better off than if the Project did

not proceed.

d) All compensation will be fully paid to DPs prior to the commencement of site

clearance at each of the three bridge sites.

e) Absence of formal title is not a bar to compensation and assistance and particular

attention will be paid to women and other vulnerable people.

f) Land acquisition and the destruction of plants on the ROW will be conceived as part

of the Project and costs related to these forms of involuntary displacement of gardens

will be included in and financed out of the Project cost as part of the GoPNG

contribution to the Project as cost.

g) The impacts of these three sub-project bridges, including unforeseen losses and

damages that may occur during either bridge construction or realignment of the

approaches to these three bridges will be carefully monitored and remedial steps

taken as required.

iii. Principles and Methodologies for Determining Valuations and Compensation Rates

80. DPs co-operated with DOW in identifying land boundaries, land for acquisition and

physically quantified their productive assets list for forfeiture and its estimated cost. A fair

market value was determined by DOW using the DPs estimates, and the 2013 Valuer

Generals price Schedule, the general market and price trend in property development along

the project road corridor, as well as the following information:

information about recent land transactions;

land value by types;

cropping patterns and crop production; and,

availability of land in the sub-project areas.

81. It was anticipated that there would be some disputes but recent consultations and

assessment indicated that disputes were very minor and have been resolved. DOW is obliged

by law to accept the Valuer-General’s assessment and this has already been conveyed to

affected landowners and land-users at each of the three bridge sites.

iv. Description of Land Acquisition Process

82. Based on the 1996 Land Act the DOW has applied the following procedures when

acquiring at least a 40 meter right-of-way at the three bridge sites:


20

DOW in consultation with Central Provincial Administration engaged surveyors and

Lands Specialists to determine boundaries, location, size and area of the land to be

acquired in accordance with the detailed design of each of these three bridge sites.

Surveyor-General’s office was requested to vet, approve and register the surveys,

which have already been approved, signed and registered (refer to attachment VII).

DOW had requested the Department of Lands and Physical Planning (DLPP) and Office

of Provincial Administration (OPA) in the Central Province to do the investigation for

land acquisition.

The Central Province Lands Officer was asked to conduct the land investigation and

prepare a Land Investigation Report (LIR) including ownership, genealogy, rights and

interests held in the land, and, estimated value of improvements to land in

consultation with the landowners and Kwikila District Lands Officer and other relevant

government offices.

The Survey Plan and LIR were then submitted to the OPA in Central Province for his

recommendation for the surveyed land to be purchased. The OPA will prepare a

certificate of alienability confirming that there is no impediment to land acquisition.

The LIR was sent to the DOLPP for approval of the land and improvements that

includes physical structures, garden crops, food trees, and other trees. The Valuer-

General vetted the valuation based on the 2013 Valuer Generals Price Schedule.

DOW will receive the valuation report and certificate of alienability, raises checks and

prepares purchase documents. DOW will use the signed documents and checks for

execution and payment to landowners, because DPs have insisted that DOW must

handle the payments to avoid fraudulent activities.

The DOW, in consultation with Central Province Land Office will make the offer to the

landowners. The forms are executed and money is handed over in accordance with

the requirements of the landowners. If rejected, it then goes to the Minister of Lands

for a negotiated settlement.

83. The DOW acknowledges that where land has been acquired for roads in areas such as

the Highlands region there have been many problems that have delayed project

implementation but on the Magi Highway it does not envisage problems of such magnitude.

H. Entitlements, Assistance and Benefits

i. Displaced Person’s Entitlements and Eligibility

84. Detailed identification of DPs, assessment and valuation of affected assets and

negotiations for land acquisition at the three bridge sites has been completed. Completion

was successful following consistent and effective dialogue between DOW and DPs since 2013

through participatory meetings. The Cadastral survey and LIR was done in coordination with

the District Lands Officers (DLOs) to collect relevant information. The date of signing of the

land investigation report by the DLOs will be the “cut-off” date for eligibility for

compensation and any rehabilitation assistance. The following are the procedures

summarizing eligibility for compensation and other assistance to DPs:


21

Landowners and land users that have either documented claims to the affected land or

are able to demonstrate that this land belongs to them to the satisfaction of the DOW as

with the crops, cassava crops, yam plants, banana plants, coconut trees, betel nut plants,

sand miners, and the properties at each Bridge site as of the cut-off date which is May

2014 will be eligible for compensation and/or rehabilitation assistance as per this RP.

Any person or group that occupies or uses the land identified for the Project after the cut-

off date will not be eligible for any compensation and/or assistance. They will be required

to move from the land as per the provisions of the Land Act.

Landowners and land users who have satisfied the DOW that they either have

documented claims to the affected land and/or other productive assets or through the

DOW investigation can demonstrate that they are the rightful owners or users, will

receive compensation for land acquired by the Project. Those DPs who cannot satisfy the

DOW that they are the rightful users but are using the land anyway will receive

compensation for productive assets attached to the land and other assistance as required.

85. Eligibility and entitlement for compensation and other assistance is summarized

below:

Table 6: Entitlement Criteria Matrix

Type of impact Entitled Person (s) Entitlements

Permanent

Acquisition of

Land

Legal owner (s), including

customary Landowners

Landowners will be provided equivalent size and quality of

land, or cash compensation at replacement cost.

DPs will be provided compensation only for their damaged

crops, trees, and structures on project affected land.

Temporary use

of Land

Legal owner(s) of

land, including customary

landowners.

Landowners will be paid rent on terms between them

and the contractor.

Loss of crops

and trees.

All DPs irrespective

of their legal status.

DPs will be given notice to harvest crops and trees before

site clearance or removal from required land. If DPs are

not able to harvest, they will be paid cash compensation at

replacement cost.

In case of perennial crops and trees, the compensation will

also include loss of income for a period until new crops or

trees produce an equivalent income.

Loss of

gardens

DPs whose loss of gardens is

more than 10% loss

livelihoods support.

DPs will be provided with income support based on

number of crops being quantified.

Loss of

commercial

Structures

All DPs (whether have legal

title to land or not).

DPs will be provided compensation at replacement cost

without deductions for depreciation or salvaged material

and assistance in finding an alternative site.

Loss of

livelihoods.

Any vulnerable HHs

identified by additional

social assessment.

Vulnerable HHs will receive priority employment for

project construction and maintenance.

Unforeseen or

unintended

impacts.

Concerned affected persons. This will be determined as per the principles of this RP

and the ADB’s Safeguard policy.


22

87. As per the above entitlement and eligibility criteria matrix, DOW concluded that DPs are

entitled to receive cash payments in lieu of land acquisition and damage to crops/plants as

per the following table:

Table 7: Entitlements to Entitled Persons

Bridge Name Type of Impact Entitled Person (s) Entitlement

Dogona Land Acquisition

(2.0067 ha)

1.Goriga & Gininana Clans K41,000.00

Kokebagu Clan Land Acquisition

(1.8346 ha)

1.Aboga Kabudo (Goina Clan)

2.Tomura Mamaea (Goina clan)

3.Mania Inia (Uguia Dogoro Clan)

K37,000.00

Sivitatana Land Acquisition Raga & Babaga Babona (Verave Rubu

&

Bugave Lologa & Others (Bole Rubu

Clan)

K47,000.00

Total 7 entitled clans K125,000.00

Dogona Improvements 13 persons K62,808.00

Kokebagu Improvements 17 persons K79,249.30

Sivitatana Improvements 14 persons K44,735.40

Total 44 entitled persons K186,792.70

Total Entitlements to DPs on each bridge site K311,792.70

(For full listings of each recipient of entitlements, see Appendices III – XIV).

ii. Assistance to Vulnerable Groups

86. The SES undertaken for this RP indicates that there are 33 households that are

significantly affected that can be classified as vulnerable as they are displaced from their

current shelters of residence; therefore it is only with careful and focused interventions that

these households quantified below can become worse off than they are at present. DOW

expects the successful bidder to compulsorily undertake to employ at least one to two

members from each HH depending on the population per HH on construction related

activities on a full-time basis.

iii. Opportunities for Affected Persons to Derive Appropriate Development Benefits

87. There are a number of both quantifiable and non-quantifiable development benefits

APs will be able to leverage as a result of this Project. Benefits include:

Employment opportunities can be afforded to DPs by the contractors that not only

ensure a stable waged income over two years but an opportunity to acquire non-

agricultural skills without having to leave the local community.

Women will be offered the same types of employment-based opportunities as men

and of equal importance will be able to actively participate alongside men in other

resettlement-based activities thereby also having an indirect impact upon the

patrilineal structures of male domination in traditional PNG society.


23

Social risks associated with HIV/AIDS and other STIs will be mitigated to some extent

by employing as many people on bridge construction activities locally as possible

and awareness and prevention programs designed to empower women.

There will be opportunities to provide a range of goods and services to outside bridge

construction workers that will enhance the local economy because such workers will

generally have greater purchasing power than local villagers.

Improvements to overall bridge design, including pedestrian walkways, and changes

to bridge approach alignments geared to improve road safety standards and render

NMT users’ safer than hitherto has been possible.

The opportunity to learn experientially how to diversify crop production possibly with

newer higher yielding varieties or different cropping regimes and improve upon

traditional land management practices.

The bridges as part of a longer term developmental strategy to enhance connectivity

between rural and urban PNG will ultimately result in improved market links and

access to a wider range of goods and services.

The opportunity to invest compensation monies in clan-based activities such as social

support for pre-school children and elderly clan members to ensure greater levels of

social inclusion and maintain clan social cohesiveness.

I. Relocation of Physical Structures

i. Options for Relocating Physical Structures

88. This sub-project does not require physical relocation of HHs, mini-market structures

or any other economic settings that would significantly displace a DP. The initial report

identified Sivitatana market for relocation. Further assessment indicates that it will not be

affected as it is located almost 500 metres away from the bridge. However, 1 grave yard has

been identified for relocation but living relatives did not want to have it relocated.

ii. Consideration of Alternative Relocation Sites

89. The new locations for resettlement are not being identified because there are no

relocations of HHs.

iii. Timetable for Site Preparation and Transfer

90. As per the Implementation Schedule outlined in Table 10 all land must be acquired

between the months of July – August 2014 before civil works commence in September 2014.

DPs will harvest all gardens and relocate any crop that is required for replanting to their new

sites between July and September before construction commences.

iv. Legal Requirements to Regularize Tenure and Transfer Title

91. The Land Act (No. 45 of 1996 and ratified on 20/12/96), specifically Section 13 (6)

states that GoPNG may acquire the land in question and the DOL at the provincial level (in

relation to Magi Highway reference is to Central Province) is able to issue the Native Dealing

Number (NIT) that regularizes tenure and enables title to be transferred. However, the


24

process of acquiring customary land and transferring titles to DPs will take at least two years

for the process to be completed. The process is also tenuous and contagious in the sense that

if DOW contemplates land acquisition on behalf of the State and then transfers to the

affected DPs, the very objective of trying to construct the said bridges will be delayed by

years. In other words there will be a diversion of focus from the bridge construction to the

customary land acquisition and title transfer. To avoid this problem, DOW will pay them

compensation fees at market rate and they will relocate to their old gardens as agreed by

DPs identified and consulted.

v. Measures to Assist Displaced Persons

92. The subproject will purchase and supply high yielding crop variety seeds to affected

DPs and training in terms of agriculture and provide training in agriculture and livestock.

J. Income Restoration and Rehabilitation

i. Possible Livelihood Risks

93. APs on all three bridge sites will be temporarily exposed to social and economic risks

as they begin to experience the high cash flow in their villages. They will also experience food

security risks in that part of their source of food supply; particularly garden foods will be

adversely affected. Women DPs and other disadvantaged groups will also be exposed to

other social risks such as HIV/AIDs, sexual harassment by construction workers, and alcohol

abuse by local construction workers due to increased flow of cash income in the project

areas, which is also likely to cause disharmony among family members.

94. Regular income from vegetables sales will be affected as they said but based on

further assessment income earned from sales is not quite significant compared with

compensation payments they will receive. The HHs will have the choice to decide whether to

replant the young betel nut and banana plants in other gardens they have or destroy them

together with medium to matured trees. Note that the State is not obligated to secure a new

location to resettle these vegetables and betel nut trees because the state pays for damages

as per valuation.

95. Apart from the Sivitatana market, there aren’t any other organized markets on the

sub-project sites. DPs are likely to establish temporary markets on all construction sites.

These will enable them to generate more income during construction period because

contract workers will buy items such as betel nuts, coconut, cigarettes, soft drinks, etc.

96. Some livelihood risks that might impact upon clan members who had not experienced

loss of access to productive land might relate to road side gardens shown in the attached

photographs which will be removed during construction. This also relates to the nature of

fishing during actual bridge construction. The impact per se is not on a critical habitat

upstream from the bridges but in close proximity to where fish are typically caught. However,

this indirect impact has not been quantified as part of this RP although by making reference

to the IEE for each of these bridge sites it can be noted that it is thought the impacts will be


25

minimal. Nevertheless, this is a livelihood issue that DOW is prepared to flag because it is

seeking to embrace better practices with resettlement planning processes that it implements.

ii. Income Restoration Program

97. Income expected to be generated by the DPs as a result of foregoing land and

vegetation are significantly higher compared to other villages not affected that are in the

same region. With the anticipated income they are able to improve food security and

improve personal hygiene. DPs were unable to feel the impact of income generated from the

sales of vegetables from their gardens at each bridge site but with the payment of land and

crop compensation, they certainly will feel the positive impact of having access to huge

amount of money at any one time.

98. The GAP based on the Social Assessment undertaken as part of the Project concluded

that incomes would be enhanced to purchase local foods at the markets if APs were

employed as construction workers. It is estimated that each of the three bridges will take up

to three years to construct and during this time waged labour opportunities should be made

available as a priority to DPs. Such employment opportunities on their own do not ensure

sustainable livelihoods but being paid at least the minimum wage and enjoying working

conditions as per ILO Core Labour Standards (a recognized requirement for ADB financing of

the Project). DOW is confident that DPs will be considerably better off financially as a result

of the Project. This is the experience DOW has found elsewhere in PNG when waged

employment opportunities are offered locally. It should also be noted that experience with

waged employment on a relatively long-term basis will be a new experience for most of the

DPs based on consultations facilitated as part of preparing this RP.

iii. Special Measures to Support Vulnerable Groups

99. The Contractor will conduct special training and counselling programs that emphasis

on fostering cordial relations with APs. Most important lessons relates to outside workers

relationship to APs where such relations should not disadvantage vulnerable APs. Other

specific vulnerable APs were not identified but the contractor will ensure that strategies are

in place to identify and assist any specific group that needs special attention from the

contractor.

iv. Specific Gender Considerations

100. DOW recognizes that specific gender considerations apply to all public infrastructure

projects it both executes and manages. As part of this RP women DPs have been consulted

both in mixed groups with men DPs but also in groups just consisting of women with

consultations being facilitated by a woman. The measures proposed in this RP to enhance the

positive impact of the Project on women DPs and other women living in the Project area are

as follows:

� Iterative consultations with women at all stages of the Project cycle and

importantly in the preparation of the RP.

� Via the RP ensuring that women clan members not just men clan members are


26

compensated for loss of land and other productive assets.

� Facilitating processes whereby women DPs can lodge grievances with the DOW and

ultimately ADB if they are dissatisfied with any aspects of the RP.

� Ensuring that women DPs and not just men DPs are offered priority waged

employment on the Project and are afforded equal pay and on-the-job training

opportunities.

� Addressing concerns women DPs might have with safety and security issues in

contexts where they have to relocate their gardening activities.

� Ensuring that all livelihood outcomes on socio-economic data is gender

disaggregated to analyse impacts at the intra-household, the intra/inter clan, and

where relevant inter-tribal level.

v. Suggested Training Programs

101. Training of APs will be considered as one of the critical tools of fostering mutual

relations with construction workers. DPs, especially from Sivitatana and Kokebagu queried

whether the project will provide some form of training on agriculture. Although DOW does

not try to duplicate roles of another government function, it will be one of ADB policy to

ensure training is provided to enhance skills and knowledge that they would use to improve

their livelihoods. DOW will work either with agricultural outreach officers from the

government or the NGO sector or both to provide training. The Construction Company will

hire trainers from HIV/AIDS council to provide to APs and Construction workers.

102. DPs that will be offered priority employment on the Project where some of whom

have never been involved in similar projects. The Construction Company will provide on- the-

job training to all DPs recruited to work. Such training will include but not be restricted to

activities such as pile-driving, concreting, and welding and community relations officers;

taking into account occupational health and safety issues and the lack of real experience by

most APs, especially women APs. The contractor will also be required to offer practical

training in bridge maintenance to APs as DOW is considering the employment of local

communities to undertake routine maintenance on bridge assets.

K: Resettlement Budget and Financing Plan

i. Itemized Budget for Resettlement Activities

103. Budget for this sub-project involves the costs for Land purchase, and compensation

for crops, trees and the single graveyard. It is also important to note that a specific budget is

included in consideration of financing the implementation of the RP .

104. The implementation of the RP and construction schedule may progress unhindered if

due care and consideration is given to RP. According to DOW’s valuation of land and crops

the total cost for this sub-project will amount to approximately PGK 311,792.70 or

US$110,312.26 as indicated in table 10. Included also in table 11 is the financing budget for

the implementation of this RP where a total K150, 000. 00 (US$43,070.00). Total cost for this

RP will be K461,792.70, which is inclusive of Tables 8 & 9.


27

Table 8: Resettlement Budget

No Description Land Area Cost (PGK) Total (US$)

1 Land Acquisition

Dogona 2.0067 ha K41, 000.00 US$14,505.80

Kokebagu 1.8346 ha K37, 000.00 US$13,090.60

Sivitatana 2.3450 ha K 47,000.00 US$16,628.60

Total 6.1863 ha K125,000.00 US$44,225.00

2 Planted Improvements

Dogona K 62,808.00 US$22,221.47

Kokebagu K79,249.30 US$28,038.40

Sivitatana K44,735.40 US$15,827.38

K186,792.70 US$66,087.25

Total K311,792.70 US$110,312.26

Other RP costs include:

a) Any special assistance to vulnerable DPs that might be identified during

construction phase that did not appear during the actual SIS.

b) livelihood enhancement training for women and men;

c) expenses for outreach in agriculture and forestry based activities;

d) purchase of newer and higher yielding seed varieties; and,

e) Monitoring and evaluation.

Table 9: Support Services Budget

Item Cost Centre Amount (PGK) US$

1 Donations to Vulnerable groups K20,000.00 7,076.00

2 Training of DPs K20,000.00 7,076.00

3 Agriculture Extension K20,000.00 7,076.00

4 Monitoring & Evaluation K50,000.00 17,690.00

5 Community Relations Officer K40,000.00 14,152

Total K150,000.00 US$43,070.00

It is likely that items (c) and (d) will be based on cost norms that DOW has applied to other

projects it is implementing that involve resettlement activities.

ii. Flow of Funds

105. Funds earmarked for compensation payments for: Land, Crops and Physical structures

will be paid directly to DPs from DOW once it has been paid to this Office by the Department

of Finance in Port Moresby. DOW prepares the funds for disbursement based on DMS and

the funds will be drawn down as part of the GoPNG contribution to this Project. Payment for

temporary use of land is made directly by the Contractor to local DPs based on an agreement


28

between the two parties as to the actual amount. This will not involve the DOW or other

parties unless DPs are dissatisfied with the amounts offered by the contractor.

106. Funds for remaining activities will be paid directly by the DOW once disbursement has

been made by the Department of Finance to DOW in Port Moresby. An alternative

arrangement might be for the DOW Central Province to be paid directly by the Department

of Finance but DOW is not generally agreeable to this alternative because it does not

necessarily guarantee the level of accountability and transparency required as disbursements

are not guaranteed by law unlike the payment of compensation to DPs.

iii. Justification for Calculating Compensation Rates and Other Cost Estimates

107. Compensation rates were based on replacement cost calculated by a registered

Valuer and approved by the Valuer-General. Calculation of these rates took into account the

opinions of DPs, especially the ones that were able to demonstrate rates based on recent

land transactions in land of equivalent value in their village or nearby villages. Replacement

costs also took into account some likely escalation in land values as a result of this Project

contributing to a general rise in land values along the Magi Highway.

108. Other cost estimates will be based on cost norms the DOW has applied to other

infrastructure projects involving the construction of bridges that it is responsible for

implementing. However, some of the cost norms for activities (ii) to (v) inclusive will be based

on consultations with DPs and civil society groups who are more familiar and experienced in

estimating the costs of such activities than the DOW. Government departments familiar with

agricultural and forestry based activities were also consulted in relation to activities (iv) and

(v) prior to deriving at the final figures.

iv. Sources of Financing

109. The GoPNG is financially responsible for all resettlement activities with the exception

of ADB agreeing to the financing of TA Consultant services to oversee the resettlement based

activities during detailed design and RP implementation, monitoring and evaluation of these

resettlement activities.

L: Institutional Arrangements

i. Responsibilities and Mechanisms for Carrying out Resettlement Plan

110. DOW is both the Executing and Implementing Agency for this Project. DOW in

collaboration with Central Province’s Lands Office and DOL day-to-day activities related to

land acquisition and assessment of losses of other productive assets were carried out. These

activities included:

Collaborate with and assisted by District Lands Officer at each of the three

bridge sites to undertake work to comply with the Project’s policies and ADB

requirements.


29

Provided resources, including where necessary DOW, Central Province Lands Office

and DOL expertise, to carry out the Inventory of Loss (IOL) and Detailed Measurement

Survey (DMS).

Collaborated and assisted by District Lands Officer in negotiations and agreements

with affected landowners or land-users.

Facilitated consultations with affected communities and ensured that all stakeholders

were informed about the Project, its policies and procedures; ensured that all

requirements concerning public disclosure of the provisions for land acquisition and

compensation; and, overseeing and monitoring the grievance redress process.

Reviewed, updated and endorsed the RP prior to submission to the ADB for approval,

ensuring that all matters related to land acquisition and other forms of compensation

were complete and correctly reported upon.

Monitoring the process of allocation and disbursal of funds for compensation at both

the national and provincial levels and ensure that funds are available and

compensation is paid in a timely manner.

Undertake all other activities including the monitoring of land acquisition and other

productive assets’ compensation payments.

111. DOW in consultation with OPA, including the PLO and DLO executed work plan,

implement, and monitor land acquisition activities at the sites of the three bridges. The

responsibilities included:

Undertook cadastral surveys of land required permanently for these three bridges

and measured out the area of land required for acquisition by the Project

Negotiated and signed Memorandum of Agreements (MOAs) for the acquisition/use

of customary land with the clan leaders and affected landowners and/or land-users.

Temporary land leases required for the three bridges will be done by the successful

contractor.

Consulted and advised affected communities about the Project, the policies and

procedures when land is required and the rights and responsibilities of directly

affected people and other indirectly affected peoples.

112. The Provincial Governor and Provincial Administrator have been regularly advised of

the progress on consultation with DPs and they will also be advised of the disbursement of all

funds allocated to pay compensation. Local Level Government Ward Councillors have

assisted in helping DOW to facilitate all consultations with local communities, affected

people, and other stakeholders to pave way for compensation payments. They will also be

able to assist during payment of compensation to DPs and monitoring of project

implementation.

ii. Institutional Capacity Building Program

113. As part of the preparation of the RP it has been concluded by DOW in Port Moresby

that governmental staff who will be involved in implementing this RP require more training in


30

the ADB’s social safeguard policies and procedures because this Project will be the first one

to be implemented by DOW after the 2009 Safeguard Policy Statement that became

operational in January 2010. It is also considered necessary by DOW to review GoPNG

policies and procedures for the acquisition of land and other forms of involuntary

resettlement. Finally, while some DOW staff have limited training in survey tools and

techniques that are necessary to prepare a RP there is still considerable room for

improvement. Officials to be targeted will include DOW, PDOL and DDOL, relevant staff of

the Valuer-General’s office, and any other organizations that might be involved in land

acquisition and compensation activities, including civil society groups.

114. A Land Acquisition Officer from DOW was supposed to be assigned within the PIU

based in Port Moresby to implement the RP but did not eventuate due to manpower

shortage. The Project also provided consultancy support via a Safeguards Specialist to build

capacity within DOW and local governments to prepare, implement, and monitor the RP.

iii. Role of Civil Society Groups

115. While there are some civil society groups in the Project area most of them are

religious-based and are less than satisfactory for the purposes required as part of the RP.

However, there are at least two Port Moresby based NGO groups that have worked with

DOW in the past. These two NGOs are the Centre for Environment, Law and Community

Rights (CELCR) and Environment Law Centre (ELC). Both these NGOs are non-sectarian in

nature and have a good understanding of both gender and indigenous people’s development

issues and in the opinion of the DOW are able to work more effectively with local

communities than other NGOs: they are also more cost effective. Subject to satisfactory

negotiations either NGO or both will be contracted by DOW to undertake external

monitoring and evaluation of the RP.

iv. Involvement of Women’s Groups in Resettlement Planning and Management

116. The DOW is mindful of the important role women who are affected by involuntary

resettlement in resettlement plans, and the Gender Action Plan prepared for the Project,

based on consultations during the preparation of this RP, outlines in detail how the

resettlement planning and management processes will be implemented to ensure affected

women are not disadvantaged as a result of the Project. Principally compensation payments

will be made in such a way that affected women rather than simply men will receive an equal

share of compensation payable based on severity of loss and women will also be encouraged

to seek grievance redress if deemed necessary.

M: Implementation Schedule

117. The implementation schedule for resettlement activities to (i) update the RP; (ii)

implement the RP; and, (iii) monitoring activities is arranged as follows:


31

Table 9: Implementation Schedule (1)

Item Activities Schedule

Update of Resettlement Plan

1 Confirmation of legally binding Memorandum of Agreement (MOA) with

landowners on use of land (an initial MOAwas signed during the PPTA)

Month 1

2 Confirm land requirements based on detailed engineering design of the three bridges Month 2

3 Securing authorization from the Department of Land for cadastral land Survey. Month 3

4 Follow up consultations with affected communities and agreement on land

use/acquisition.

Ongoing

5 Cadastral survey of land and submission to Surveyor-General for Registration. Month 3

6 Request Provincial Land Office to prepare LIR including valuation of land and

improvement)

Month 3

7 Submission to the Office of Provincial Affairs for Certificate of Alienability to be signed

by the Provincial Administrator.

Month 4

8 Valuer-General verifies the land valuation at the three bridge sites. Month 4

9 Department of Works updates the RP in consultation with landowners, including

agreement on compensation rates and discloses updated RP.

Month 5 & 6

10 Department of Works submits the updated RP for approval and uploading

on the ADB website.

Month 6

11 ADB issues no-objection to the RP. Month 7

Resettlement Plan Implementation

12 Department of Works issues checks to Provincial Land Offices for execution of land

acquisition and payment of compensation

Month 8

13 Provincial Land Offices complete land purchase and issue Native Dealing Number Month 9

14 Payment of compensation and allowances Month 9 & 10

15 Department of Works submits to ADB the Land Acquisition Completion Report. Month 9

16 Award of civil works contract Month 10 & 11

17 Clearance of acquired land. Month 11 & 12

18 Commencement of civil works (contingent on 100% of compensation and allowances

being paid).

Month 13

19 Payment of adjusted compensation, as required, for unforeseen damages and losses. Actual month

of damage

Monitoring Plan

20 Department of Works establishes AP socio-economic baseline. Month 17

21 Department of Works submits progress report to ADB on implementation of the RP. 6 monthly

22 Department of Works conducts post-resettlement survey and final Monitoring report. Month 36


32

Table 12: Implementation Schedule (2)


33

N. Monitoring and Reporting


34

118. DOW will implement and monitor all activities associated with land acquisition and

payment of compensation to DPs. The scope of monitoring includes: (i) compliance with the

agreed policies and procedures for land acquisition; (ii) prompt approval, allocation and

disbursement of compensation payments to DPs, including if necessary supplemental

compensation for additional and/or unforeseen losses; and, (iv) remedial actions, as required.

The monitoring will also cover the social impacts of the three bridges and whether DPs are

able to restore, and preferably improve, their pre-project living standards, incomes, and

productive capacity. A monitoring and evaluation program utilizing the following indicators

has been drafted on the understanding it can be subject to change, including by DPs who will

be afforded the opportunity to suggest indicators they consider of more relevance to their

livelihoods than are considered relevant by other stakeholders. These draft monitoring and

evaluation indicators are shown in Table 10.

119. The SIS undertaken of DPs for this RP together with the Social Assessment undertaken

for the Corridor of Influence along the Magi Highway will be used as the baseline to monitor

and evaluate the above indicators. They will also be used in conjunction with monitoring and

evaluation indicators prepared for both the GAP and EMP for these three bridges. The DOW

will prepare and submit semi-annual progress reports to ADB as part of project performance

monitoring. The DOW will also submit a subproject land acquisition completion report to ADB

when compensation has been paid.

120. To ensure that there is adequate accountability and transparency with monitoring

and evaluating the outcomes of this RP, an external Consultant paid for by DOW will be

appointed to undertake independent monitoring and evaluation. Such reports together with

those prepared by DOW will be submitted to ADB at six monthly intervals as per the

Implementation Schedule. On completion of the sub-projects this external Consultant will

prepare a report highlighting its assessment of resettlement outcomes for all three sub-

projects in the Magi Highway Corridor.

Table 12: Draft Monitoring and Evaluation Indicators


35

Type of

Indicator

Indicator Examples of Variables

Process

Indicators

Staffing

Consultation,

participation,

and Grievance Resolution

Procedures in Operation

No. of PIU staff by job functions. Engagement of Safeguards

Staff and Training

No of other agency officials available for tasks. No of

consultation and participation programs held with various

Stakeholders.

No of field visits by PIU Staff,

No of civil society groups participating in Project

Effectiveness of compensation / assistance delivery system

Coordination between PIU and other GoPNG agencies,

project supervision consultants, and civil society groups.

Output

Indicators

Households Structures

Economic Trees and Crops

Assistance to APs

No. of households affected, No. of community structures, if

any, moved out,

No of households receiving agreed compensation for trees

and crops,

No of households that have participated in income

restoration and livelihood enhancement measures.

No of special assistance programs to vulnerable households.

Assistance for income

Restoration and Livelihood Training and assistance in agriculture and forestry.

Impact

Indicators

Enhancement of

Household Earning

Capacity

Special Assistance to

Women

Other Livelihood

Indicators

No of households participating in income restoration and

livelihood enhancement programs.

Employment status of households having a formal job.

Employment status of households being self- employed.

No of households receiving income enhancement skills

training,

No. of women engaged as waged workers by the Project, Type of

Project-related skills women received training in. Average wage

of women employed on Project compared to that of men.

No of women receiving income enhancement skills training.

Increase in market- based incomes of women traders.

Increase in ownership of household assets.

Increased access to schooling and health services. Increase

in visits by GoPNG service providers.

Appendix 1

Socio-Economic Survey Questionnaire


36

Household Composition

Household Numbers

2. Ages of HHMembers

3. Genders of HHMembers

4. Relationship to Other HH Members

5. Ethnicities of HHMembers

6. Education Levels

Social Characteristics of Households1. Family Structure

2. Lineage Affiliations

3. Clan Membership

4. Community Organizations

5. Class Background

6. Religious Affiliation

Income, Assets and Expenditure

. Individual Income

2. Corporate/collective Income

3. Land Ownership

4. Livestock

5. Common Property Resources

6. Estimated Total Expenditure

Occupational Background

1. Subsistence Agriculture

2. Commercial Agriculture

3. Rural Waged Employment

4. Other Waged Employment

5. Small and Medium Enterprise

6. Public Sector Official

Access to Public Services

1. Health Care Amenities

2. Water Supply and Sanitation

3. Educational Facilities

4. Motorized Transport

5. Micro-Finance

6. Agricultural Extension

Gender Roles and Issues

1. Control of HH Finances

2. HH Decision-Making Responsibility

3. Membership of Village Organization

4. Maintenance of Public Goods

5. Interaction at Supra Village Level

Attitudes and Preferences of Affected people

1. Project Generally Beneficial

2. Exacerbates HIV/AIDS

3. Increase in Traffic Accidents

4. Negative Environmental Impacts

5. Prepared to Gift Land

6. Willingness to Work on Project

7. Commitment to Maintain Asset

Appendix II PUBLIC INFORMATION BULLETIN

PNG BRIDGE PROJECT: IMPROVING RURAL ACCESS


37

1. GOAL

TO IMPROVE THE RURAL ACCESS AND BOTH DIRECTLY AND INDIRECTLY IMPROVE THE LIVING STANDARDS OF

LOCAL COMMUNITIES. IT WILL BE FINANCED BY THE GOVENRMENT OF PAPUA NEW GUINEA AND A LOAN FROM

THE ASIAN DEVELOPMENT BANK HEADQUARTERED IN MANILA, PHILIPPINES.

2. INTERVENTIONS

BRIDGES ALONG NATIONAL HIGHWAYS TO BE REPLACED BECAUSE THEY ARE TOO OLD AND CANNOT MEET LONG-

TERM GROWTH IN MOTORIZED TRAFFIC. THEY WILL BE TWO-LANE INSTEAD OF ONE LANE. THE DISMANTLED

BAILEY BRIDGES WILL BE REASSEMBLED ALONG FEEDER ROADS THAT DIRECTLY SERVE LOCAL COMMUNITIES AT

RIVER OR STREAM CROSSINGS WHERE EITHER BRIDGES DO NOT EXIST AT PRESENT OR IF THEY DO THEY ARE IN

POOR CONDITION.

3. LANDACQUISITION

TEMPORARY LAND ACQUISTION MAY BE NECESSARY TO ENABLE BRIDGE CONSTRUCTION TO GET UNDERWAY.

PERMANENT LAND ACQUISTION WILL BE NECESSARY WHERE THE HIGHWAY NEEDS TO BE ALIGNED TO ENSURE

SAFE PASSAGE ACROSS THE CARRIAGE-WAY.

4. COMPENSATION ISSUES

GOVERNMENT OF PAPUA NEW GUINEA AND ASIAN DEVELOPMENT BANK HAVE POLICIES AND PROCEDURES TO

ENSURE THAT IF YOU LOSE ACCESS TO YOUR LAND EITHER TEMPORARILY OR PERMANENTLY YOU WILL BE

COMPENSATED AT REPLACEMENT COST BASED ON FAIR MARKET VALUES.

SHOULD YOU DECIDE TO GIFT YOUR LAND IN THE INTEREST OF THE PUBLIC GOOD AT THE LOCAL LEVEL THAT IS

ACCEPTABLE BUT YOU ARE UNDER NO OBLIGATION TO DO SO AND REFUSAL TO DO SO WILL NOT HAVE ANY

ADVERSE IMPACT UPON YOU OR THE REASSEMBLY OF BAILEY BRIDGES ON RIVER OR STREAM CROSSINGS IN

FEEDER ROADS THAT SERVE YOUR COMMUNITY.

5. ACTIVITIES

A SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSS OF AFFECTED HOUSEHOLDS (THOSE WHOSE LAND WILL BE

ACQUIRED) WILL BE UNDERTAKEN AND A RESETTLEMENT PLAN PREPARED. YOUWILL BE ENTITLED TO REVIEW THIS

RESETTLEMENT PLAN IN YOUR LANGUAGE OF CHOICE AND SUGGEST AMEMNDMENTS. IT WILL NOT BE FINALIZED

BEFORE YOUR FREE AND INFORMED CONSENT IS PROVIDED BYWAY OF A SIGNED MEMORANDUM OF AGREEMENT

BETWEEN YOU AND A PROVINCIAL REPRESENTATIVE OF THE GOVERNMENT OF PAPUA NEW GUINEA.

6. MITIGATION MEASURES

AS AFFECTED WOMEN AND MEN YOU WILL BE OFFERED FIRST CHOICE OF PAID EMPLOYMENT DURING BRIDGE

CONSTRUCTION AND FOR PERIODIC MAINTENANCE ACTIVITIES ON THESE NEW BRIDGES (GRASS CUTTING AND

PAINTING) IF THESE ACTIVITIES ARE SUB-CONTRACTED BY THE PROVINCIAL DEPARTMENT OFWORKS.

CONTACTS

� MR/MS………………….. DISTRICT LAND OFFICER TELEPHONE………………

� LAND MANAGEMENT UNIT PROVINCIAL DEPARTMENT OFWORKS ADDRESS:

TELEPHONE:

EMAIL:

� SAFEGUARDS UNIT PROJECT IMPLEMENTATION UNIT ADDRESS:

TELEPHONE:

EMAIL:

ASIAN DEVELOPMENT BANK, ADB AVENUE, MANDALUYONG CITY

1550 METRO MANILA, PHILIPPINES, TEL: +63 2 683 1912; FAX: +63 2 636 2446 www.adb.org

Appendix III: Land Acquisition Cadastral Survey: Dogona River Bridge


38

Appendix IV: Land Acquisition Cadastral Survey: Kokebagu River Bridge


39


40

Appendix V: Land Acquisition Cadastral Survey: Sivitatana Bridge


41

Appendix VI: Land Investigation Report and Land Valuation: Dogona Bridge

DOGONA RIVER BRIDGE

1. Description : Portion 2719C Milinch Rigo.Fourmil of Moresby Central Province.

2. Date : 22nd April 2014.

3. Land area : 2.0067 hectares

4. Status : Customary Land.

5. Survey : Registered survey Plan # 49/3246

6. Valuation : Forty One Thousand Kina (K41,000.00)

7 Ownership : Two customary land owners;

Tribe # 1 : Mr Goriga Forekodo of Goriga Clan, Saroa TribeClan leader and chief land owner owns the southern side.

Tribe # 2 : Mr Limau Lega of Gininana Clan, Saroa Tribe.

Chief land owner owns the northern end of the bridge.

The two Chiefs are sole decision makers for all land matters.

Appendix VII: Land Investigation Report & Land Valuation: Kokekbagu Bridge


42

E. KOKEBAGU RIVER BRIDGE


2. Date : 22nd April 2014.

3. Land area : : 1.8346 hectares


5. Survey : Registered survey Plan # 49/3245

6. Valuation : Thirty Seven Thousand Kina (K37,000.00)

7. Ownership : Three Clans and three landowner groups.Two Land owner groups from Goina Dogoro

Clan, Kauvako Tribe and one owner from UguiaDogoro Clan of Saroakeina Village, RigoDistrict, Central Province.

Clan # 1 : Aboga Kabudo of Goina Dogoro Clan, KauvakoTribe, Clan leader and chief land owner owns the

north side of the bridge.

Clan # 2 : Tomura Mamaea of Goina Dogoro Clan,Kauvako Tribe and clan members own the south

eastern side of the bridge.

Clan # 3 : Mana Inia and Uguia Dogoro Clan membersown the south western end of the bridge land.

The three Leaders represent their people in all land matters. They are the chiefnegotiators and rulers/decision makers for land matters.

Appendix VIII: Land Investigation Report & Land Valuation: Sivitatana Bridge


43

SIVITATANA RIVER BRIDGE


2. Date : 22nd April, 2014.

3. Land area : 2.3450 hectares


5. Survey : Registered survey plan # 49/3247

6. Valuation : Forty seven thousand kina (K47,000.00)

7 Ownership : Two customary land owners;

Tribe # 1 : Bugave Lologa Family Of Bole Rubu Clan,Tubulamo Tribe.

Clan leader and Chief land owner/decision maker owns the southernside of the Sivitatana bridge..ribe # 2 Raga and Babaga Babona of Verave Rubu Clan ,Tubulamo Tribe.

Two Clan leaders and chiefs land owner/decisionMaker and own the northern side of the SivitatanaBridge land.

Appendix IX: Improvement Valuation Report: Dogona Bridge


44


45


46


47


48

Appendix X: Improvement Valuation Report: Kokebagu Bridge


49


50


51


52

Appendix XI: Improvement Valuation: Sivitatana Bridge


53


54


55

Appendix XII: Contract of Sale: Dogona Bridge


56

CONTRACT OF SALE

AN AGREEMENT made on the 22nd Day of April 2014, between GORIGA FOREKODO AND THE

CLAN DIRECTORS OF GORIGA CLAN, Gidobade Village, Rigo District, Central Province

(hereinafter referred to as the “vendor”) of the one part;

And THE INDEPENDENCE STATE OF PNG (DEPARTMENT OF WORKS), PORT MORESBY,

National Capital District (hereinafter referred to as the “purchaser”) of the other part:

WHEREBY IT IS AGREED AND DECLARED AS FOLLOWS:-

SALE AND PURCHASE.

1. The vendor sells and the purchaser buys all that piece of land being Portion 2719CMilinch Rigo Fourmil Moresby, Central Province (Dogona Creek bridge). and beingthe whole of the land more particularly comprised in Native Land Dealing (NLD) #

_________ being a vacant and unimproved land (hereinafter referred to as the ”property”).

2. The total land area on both sides of the river is 2.0067 hectares.

3. Mr Doriga’s Clan owns the portion of land located on the southern side of Dogona bridge

towards Kwikla Station.

PURCHASE PRICE.

4. The purchase price shall be Twenty One Thousand Kina (K21,000.00) which shall bepaid on completion to the Vendor or in such manner the Vendor may direct.

5. The property is sold free of encumbrances except those disclosed in this Agreement or onthe NLD documents.

COUNCIL RATES, STAMP DUTY AND GOVERNMENT RENTALS.

6. The Purchaser shall pay in addition to the purchase price:-

(a) Legal cost and

the Vendor shall pay all outstanding fees including:-

(b) Legal costs.7. The property is sold subject to the reservations, exceptions, covenants and conditions

contained or implied in the Customary Lease referred to in this agreement.


57


58


59

THE FIRST SCHEDULE

ITEM 1:

Date: The 22nd Day of April, 2014.

ITEM 2 (a):

Vendors: Goriga Forekodo and others of Goriga Clan

ITEM 2 (b):

Address : Gidobade Village, Rigo District, Central Province..

ITEM 3 (a):

Purchasers: Department of Works (Independent State of PNG)

ITEM 3 (b):

Address: P O Box 1108,

BOROKO. NCD.

ITEM 4:

Property Portion 2719C, Milinch Rigo Fourmil Moresby.

Description: Being the whole of the land comprised and described in NLD

#______________. .

ITEM 5:

Purchase Price: K21,000.00

ITEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:

Details of tenancy:Nil


60


61

CONTRACT OF SALE

AN AGREEMENT made on the 22nd Day of April 2014, between LIMAU LEGA AND THE CLAN

DIRECTORS OF GININANA CLAN, Gidobade Village, Rigo District, Central Province (hereinafterreferred to as the “vendor”) of the one part;

And THE INDEPENDENCE STATE OF PNG (DEPARTMENT OF WORKS), PORT MORESBY,National Capital District (hereinafter referred to as the “purchaser”) of the other part.


SALE AND PURCHASE.

1 The vendor sells and the purchaser buys all that piece of land being Portion 2719C

Milinch Rigo Fourmil Moresby, Central Province (Dogona Creek bridge). and beingthe whole of the land more particularly comprised in Native Land Dealing (NLD) #_________ being a vacant and unimproved land (hereinafter referred to as the ”property”).

8. The total land area of the bridge is 2.0067 hectares.

9. Mr Lega’s Clan owns the portion of land located on the northern side of Dogona bridgetowards Port Moresby City.

PURCHASE PRICE.

10. The purchase price shall be Twenty Thousand Kina (K20,000.00) which shall be paid oncompletion to the Vendor or in such manner the Vendor may direct.




(b) Legal cost and


(b) Legal costs.13. The property is sold subject to the reservations, exceptions, covenants and conditions



62


63


64

THE FIRST SCHEDULE

ITEM 1:

Date: The 22nd Day of April, 2014.

ITEM 2 (a):

Vendors: Limau Lega and others of Gininama Clan

ITEM 2 (b):

Address : Gidobade Village, Rigo District, Central Province..

ITEM 3 (a):


ITEM 3 (b):


BOROKO. NCD.

ITEM 4:



#______________. .

ITEM 5:


ITEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:



65

Appendix XIII: Contract of Sale: Kokebagu Bridge


66

CONTRACT OF SALE

AN AGREEMENT made on the 23rd Day of April, 2014, between ABOGA KABUDO AND THECLAN DIRECTORS OF GOINA CLAN, Saroakeina Village, Rigo District, Central Province



National Capital District (hereinafter referred to as the “purchaser”) of the other part.


SALE AND PURCHASE.

1. The vendor sells and the purchaser buys all that piece of land being Portion 2718CMilinch Rigo Fourmil Moresby, Central Province (Kokebagu River Bridge) andbeing the whole of the land more particularly comprised in Native Land Dealing

(NLD) # _________ being a vacant and unimproved land (hereinafter referred to asthe ”property”).

2. The total land area of the whole bridge site is 1.8346 hectares.

3. Aboga Kabudo and others own the portion of land located on the western side ofKokebagu River bridge towards Kwikla Station.

PURCHASE PRICE.

4. The purchase price shall be Eighteen Thousand Kina (K18,000.00) which shall be paid

on completion to the Vendor or in such manner the Vendor may direct.

5. The property is sold free of encumbrances except those disclosed in this Agreement or on

the NLD documents.



(a) Legal cost and the Vendor shall pay all outstanding fees including:-

(b) Legal costs.

7. The property is sold subject to the reservations, exceptions, covenants and conditions



67


68


69

THE FIRST SCHEDULE

ITEM 1:

Date: The 23rd Day of April, 2014.

ITEM 2 (a):

Vendors: Aboga Kabudo and others of Goina Clan

ITEM 2 (b):

Address : Saroakeina Village, Rigo District, Central Province..

ITEM 3 (a):


ITEM 3 (b):


BOROKO. NCD.

ITEM 4:



#______________. .

ITEM 5:


ITEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:



70


71

CONTRACT OF SALE

AN AGREEMENT made on the 23rd Day of April, 2014, between TOMURA MAMAEA AND THECLAN DIRECTORS OF GOINA CLAN, Saroakeina Village, Rigo District, Central Province




SALE AND PURCHASE.

1. The vendor sells and the purchaser buys all that piece of land being Portion 2718CMilinch Rigo Fourmil Moresby, Central Province (Kokebagu River Bridge) and being

the whole of the land more particularly comprised in Native Land Dealing (NLD) #_________ being a vacant and unimproved land (hereinafter referred to as the ”property”).


3. Tomura Mamaea and others of Goina Clan own the portion of land located on the eastern

side of Kokebagu River bridge towards Kupiano Station.

PURCHASE PRICE.

4. The purchase price shall be Nine Thousand Five Hundred Kina (K9,500.00.00) which

shall be paid on completion to the Vendor or in such manner the Vendor may direct.

5. The property is sold free of encumbrances except those disclosed in this Agreement or on

the NLD documents.



(a). Legal cost and the Vendor shall pay all outstanding fees including:-

(b) Legal costs.


72


73


74

THE FIRST SCHEDULE

ITEM 1:


ITEM 2 (a):

Vendors: Tomura Mamaea and others of Goina Clan

ITEM 2 (b):


ITEM 3 (a):


ITEM 3 (b):


BOROKO. NCD.

ITEM 4:



#______________. .

ITEM 5:


TEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:



75


76

CONTRACT OF SALE

AN AGREEMENT made on the 23rd Day of April, 2014, between MANA INIA AND THE CLAN

DIRECTORS OF UGUIA DOGORO CLAN, Saroakeina Village, Rigo District, Central Province(hereinafter referred to as the “vendor”) of the one part;



SALE AND PURCHASE.

1. The vendor sells and the purchaser buys all that piece of land being Portion 2718C

Milinch Rigo Fourmil Moresby, Central Province (Kokebagu River Bridge) and beingthe whole of the land more particularly comprised in Native Land Dealing (NLD) #_________ being a vacant and unimproved land (hereinafter referred to as the ”property”).


3. Mana Inia and others of Uguia Dogoro Clan own the half portion of land located on theeastern side of Kokebagu River bridge towards Kupiano Station.

PURCHASE PRICE.

4. The purchase price shall be Nine Thousand Five Hundred Kina (K9,500.00) which

shall be paid on completion to the Vendor or in such manner the Vendor may direct.





(b) Legal costs.


77


78


79

THE FIRST SCHEDULE

ITEM 1:


ITEM 2 (a):

Vendors: Mana Inia and others of Uguia Dogoro Clan

ITEM 2 (b):


ITEM 3 (a):


ITEM 3 (b):


BOROKO. NCD.

ITEM 4:



#______________. .

ITEM 5:


ITEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:

Details of tenancy: Nil


80

Appendix XIV: Contract of Sale: Sivitatana Bridge


81

CONTRACT OF SALE

AN AGREEMENT made on the 23rd Day of April 2014, between RAGA & BABAGABABONA AND THE CLAN DIRECTORS OF VERAVE RUBU CLAN, TUBULAMO TRIBE

Sivitatana Village, Rigo District, Central Province (hereinafter referred to as the “vendor”) of the one part;




SALE AND PURCHASE.

1. The vendor sells and the purchaser buys all that piece of land being Portion 2720CMilinch Rigo Fourmil Moresby, Central Province (Sivitatana River Bridge) andbeing the whole of the land more particularly comprised in Native Land Dealing (NLD) #


2. The total land area of 2.3450 hectares is located on both sides of the river.

3. Raga & Babaga Babona and others own the portion of land located on the northern side of

the Sivitatana River towards Kwikla Station.

PURCHASE PRICE.

4. The purchase price shall be Twenty Four Thousand Kina (K24,000.00) which shall bepaid on completion to the Vendor or in such manner the Vendor may direct.




(a). Legal cost and


(b) Legal costs.


82


83


84

THE FIRST SCHEDULE

ITEM 1:


ITEM 2 (a):

Vendors: Raga & Babaga Babona and others of Verave Rubu Clan

ITEM 2 (b):

Address : Sivitatana Village, Rigo District, Central Province..

ITEM 3 (a):


ITEM 3 (b):


BOROKO. NCD.

ITEM 4:



#______________. .

ITEM 5:


ITEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:



85


86

CONTRACT OF SALE

AN AGREEMENT made on the 23rd Day of April 2014, between BUGAVE LOLOGAAND THE CLAN DIRECTORS OF BOLE RUBU CLAN, TUBULAMO TRIBE Sivitatana Village,

Rigo District, Central Province (hereinafter referred to as the “vendor”) of the one part;




SALE AND PURCHASE.

7. The vendor sells and the purchaser buys all that piece of land being Portion 2720CMilinch Rigo Fourmil Moresby, Central Province (Sivitatana River Bridge) andbeing the whole of the land more particularly comprised in Native Land Dealing (NLD) #


8. The total land area of 2.3450 hectares is located on both sides of the river.

9. Bugave Lologa and others own the portion of land located on the southern side of the

Sivitatana River towards Kupiano Station.

PURCHASE PRICE.

10. The purchase price shall be Twenty Three Thousand Kina (K23,000.00) which shall bepaid on completion to the Vendor or in such manner the Vendor may direct.





(b) Legal costs.


87


88


89

THE FIRST SCHEDULE

ITEM 1:


ITEM 2 (a):

Vendors: Bugave Lologa and others of Bole Rubu Clan

ITEM 2 (b):

Address : Sivitatana Village, Rigo District, Central Province..

ITEM 3 (a):


ITEM 3 (b):


BOROKO. NCD.

ITEM 4:



#______________. .

ITEM 5:


ITEM 6:

Deposit: Nil

ITEM 7:

Stakeholder: Nil

ITEM 8:



90

Appendix XV: List of Displaced Persons at all Bridge Sites

Dogona Bridge Site LandOwners

N0 NAME GENDER AGE TRIBE CLAN EDUC OCCUPT

1 Goriga Forekodo M 65 Alauna Goriga Clan University Sub.Farmer

2 Nomoka Forekodo F 61 “ “ Nil “

3 Ubi Goriga F 43 “ “ Gr.6 Sub.Frmr

4 Vagi Goriga M 39 “ “ Gr.10 Sub.Farmr

5 David Goriga M 30 “ “ Gr.10 Sub.farmr

6 Alan Goriga M 28 “ “ Gr.8 Sub.Farmer

7 Garo Goriga M 25 “ “ Gr.6 “

8. Rodney Garo M 5 “ “ Elementary Child

9 Variraga Garo M 2 “ “ Infnt Infant

10 Lega Goriga M 50 “ “ Gr.6 Sub.Farmr

11 Didia Goriga F 47 “ “ Gr.10 “

12 Ano Goriga M 38 “ “ Gr.12 Sub.Frmr

13 Venao N.Goriga M 22 “ “ Gr.10 Student

14 Babagani Goriga F 19 “ “ Gr.10 Student

15 Joshua Togi M 25 GR.6 Sub.farmer

16 Peni Togi M M 6 Elementary student

17 Kilarogea Togi F 22 Gr.7 Wife

18 Didia Togi F 5 Child child

19 GauginiWaibo F 54 Ginana Clan

20 Gwaibo Goriga M 60 “ Nil

21 Tanu Gwaibo M 34 “ Nil

22 Geof Goriga Gwaibo M 30 “ Gr.12 University

23 Koiogurei Gwaibo F 28 “ College Teacher

24 Gogina Kwaibo M 25 “ College Carpenter

25 Gwaibo Gwaibo M 22 “ College Nurse

26 Ronny Gwaibo M 17 “ Gr.10 Student

27 Buana Bagu Saina M 55 Alauna Ginana Clan Nil Sub.farmer

28 Kilakamali Bagu F 43 “ Nil “

29 Violet Bagu F 32 “ Gr.12 Accounts

30 Babagibi Bagu F 27 “ College Teacher

31 Boio Bagu F 24 “ College Teacher

32 Joyce Bagu F 16 “ Gr.10 Student

33 Sheroll Bagu F 13 “ Gr.6 Student

34 Nonoga Bagu F 9 “ Gr.4 student

KOKEBAGUBRIDGE

No. Name Gender Age Relationship Clan Education Occupation

35 Nune Goi M 36 Father Nil Farmer

36 Kuro Nune M 8 son Gr. 2 Sudent


91

37 Diari Nune F 27 Wife Gr.8 House Wife

38 Mamae'a Nune M 5 Son child Child

39 Goru Nune M 2 Son child

40 John Gani M 58 Father nil Farmer

41 Cathy John F 11 Daughter Gr.3 Student

42 Esther John F 30 Wife Gr.10 Teacher

43 Kila John F 8 Daughter Gr.2 Student

44 Emma John F 1 Daughter

45 Oka Aboga 55 Father Farmer

46 KamonaOka M 30 Son Gr.10 Farmer

47 Saidi Oka F 48 Wife House Wife

48 Kenina Oka F 28 Daughter Gr.8

49 Bua Oka F 26 Daughter Gr.10

50 Fase Oka F 24 Daughter Gr.10

51 Airi Oka M 20 Son Gr.10 Student

52 Kovete Oka M 18 Son Gr.8 Student

53 Bugave Oka M 13 Son Gr.5 Student

54 Vele Aboga M Father Farmer

55 Stan Aboga M 14 Son Gr.5 House Wife

56 Majory Aboga F 24 Wife Gr.9 Student

57 Edna Aboga F 7 Daughter Gr.1 Student

58 Aboga Aboga M 34 Father Farmer

59 Mou Aboga M 10 Son Gr.2 Student

60 Geua Aboga F 28 Wife House Wife

61 Lusy Aboga F 5 Daughter

62 Cristhina Aboga F 5 Daughter

63 MogamaMagera M Farmer

64 MageraMogama M 14 Son Gr6 Student

65 KilaMogama F 30 Wife House Wife

66 VaraMogama F 18 Daughter Gr9 Student

67 AviaMogama F 12 Daughter Gr4 Student

68 MaduMogama M 7 Son Gr1 Student

69 EvangelineMogama F 5 Daughter

70 KilaMogama M 1 Son

71 Tunu Daba M Farmer


92

72 Henao Tunu M 36 Son Gr10 Sub-Farmer

73 Gari Tunu F 57 Wife House Wife

74 Girana Tunu M 38 Son Sub-Farmer

75 Beria Tunu M 32 Son Sub-Farmer

76 Lilona Tunu F 30 Daughter

77 Malaki Tunu M 28 Son Sub-Farmer

78 Neki Tunu M 20 Son Student

79 Henao Tunu M Farmer

80 Judah Henao M 11 Son Gr3 Student

81 Eileen Henao F 32 Wife Gr10 Teacher

82 GounaHenao M 8 Son Gr1 Student

83 David Henao M 5 Son Gr1 Student

84 Komana Aboga M Farmer

85 Mero Kamona M 24 Son Gr6 Farmer

86 Bou Kamona F 49 Wife House Wife

87 Eileen Komana F 32 Daughter Gr10 Teacher

88 Nancy Komana F 30 Daughter Gr10 Nurse

89 Kila Komana F 28 Daughter

90 Lincos Komana F 20 Daughter Gr10 Student

91 Aisi Komana F 18 Daughter Gr8 Student

92 Manu Komana M 12 Son Gr4 Student

93 Borana Daba M Farmer

94 Winnie Borana M 22 Son Gr8 Sub-Farmer

95 Bugi Borana F 51 Wife House Wife

96 Ivon Borana F 28 Daughter Gr8

97 Kadoi Borana F 18 Daughter

98 Gibson Borana M 17 Son Gr6 Student

99 Gabriel Borana M 13 Son Gr4 Student

100 Alu Borana F 11 Daughter Gr2 Student

101 Samuel Borana M 10 Son Gr1 Student

102 Girana Tunu M Farmer

103 Vetari Girana M 20 Son Gr11 Student

104 Iavina Girana F 38 Wife Gr5 House Wife

105 Ali Girana M 18 Son Sub-Farmer

106 UgonaGirana F 16 Daughter Gr6 Student

107 Lucy Girana F 8 Daughter Gr2 Student

108 Deta Girana F 4 Daughter


93

109 Duba Aboga M Gr10 Farmer

110 Kennedy Aboga M 5 Son Sub-Farmer

111 Dagoda Aboga F 31 Wife Gr6 House Wife

112 Ailo Aboga F 2 Daughter

113 Paul Aboga M 1 Son

114 Raga Medani M Farmer

115 Eddie Raga M 9 Son Gr2 Student

116 Kumana Raga F 21 Wife House Wife

117 Rexy Raga M 3 Son

118 Gabi Raga M 1 Son

119 Raga Kubudo M 42 nil Farmer

120 Gevo Raga M 18 Son Gr8 Student

121 Doga Raga F 33 Wife Gr8 House Wife

122 M3isi Raga F 12 Dauhter Gr4 Student

123 JonJon Raga M 9 Son Gr2 Student

124 Lester Raga M 5 Son Gr1 Student

125 Steven Raga M 1 Son

Sivitatana Bridge Site Landowners List

NO NAME GENDER AGE CLAN OCCUPATION EDUCATION

126 Babona Vaiuma M 75 Galirubu Subsistence Farmer Grade 6

127 Bouna Vali F 65 “ “ Gr.3

128 Divio Verave F 32 “ “ Gr.6

139 Vali Babona M 35 “ “ Gr.8

130 Kepsy Vali M 21 “ Student Gr.11

131 Win Vali M 18 “ Student Gr.10

132 Bouna Vali F 16 “ Student Gr.10

133 Mekere Vali M 10` “ “ Gr. 4

134 Pony Vali F 8 “ “ Gr. 2

135 Guena Babona F 33 “ Housewife Gr.6

136 Dadau Babona F 31 “ “ Gr. 6

137 Bole Babona M 29 “ Sub. Farmer Gr. 10

138 Matilda Bole F 27 “ “ Gr.12

139 Misi Bole M 3 “ Child Child

140 Bano Bole M 1 “ “ “

141 Gamonga Babona M 26 “ Chef Gr.12

142 Gini Babona M 22 “ Mechanic Gr.10

143 Gabaki Gini F 20 “ House wife Gr.10

144 Taubada Gini M 2 “ Child Child

145 Gobakai Bole F 19 “ House wife Gr.8


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146 Gabriel Garo Gagala M 65 “ Councilor Ex.Soldier

147 Raga Dauma F 60 “ House wife Gr.6

148 Raymong GAro M 31 “ Fireman (PNG Fire) GR.12

149 Hisa Leo F 29 “ Housewife Gr.6

150 Leo Garo M 2 “ Child Child

151 Mavela Garo F 28 “ Sub.Farmer Gr.12

152 Ande LAfe F 8 “ Student Gr.2

153 Kulona Garo M 10 “ Student Gr.3

154 Avit Lafe F 2 “ Child

155 Gagala Garo F 26 “ Hotel Attendant Gr.10

156 Vini Gagala M 7 Galirubu Child Child

157 Henry Garo M 24 “ Agriculturalist College

158 Gabi Gagala M 55 “ Accountant University

159 Heloi Elave F 40 “ Accounts Clerk College

160 Geffery Gabi M 35 “ Carpenter Gr.10

161 Ilave Gabi M 33 “ Mechanic GR.10

162 Molly Gabi F 31 “ Teacher College Dip.

163 Gegeva Gabi F 29 “ Accounts Clerk College

164 Rosa Gagala F 50 “ Evangalist College

165 Hanet Kepo F 35 “ Accountant University

166 Betty Kepo F 33 “ Uni Lecturer University

167 Vicky Kepo F 33 “ Student Diploma

168 Simon Gagala M 55 “ Sub.Farmer Gr.10

169 Koio Babaga F 53 “ Sub.Farmer Gr.10

169 Iaga Simon F 30 “ House wife Gr.10

170 Namoka Simon M 27 “ Student University

172 Julie Simon F 25 “ Housewife Gr.8

173 Isabel Simon F 24 “ Sub.Farmer Gr.8

174 Kiri Simon F 22 “ Sub.Farmer Gr.8

175 Rosa Simon F 20 “ Student Gr.10

176 Meli Simon F 12 “ Student Gr.5

177 Raga Babona M 78 “ Sub.Farmer Nil

178 Kalovo Raga F 55 “ Sub.Farmer Villager

179 Iaga Raga M 35 “ Sailor Gr.10

180. Bugave Raga M 33 “ Policeman Gr.10

181 Aboga Raga M 31 “ Sub.farmer Gr.10

182 Tom Raga F 28 “ Sub.Farmer Gr.6

183 Walo Raga M 24 “ Student Gr.10

184 Avei Raga M 22 “ Student Gr.10

185 Gai Babaga M 55 “ Carpenter Gr.10

186 Bali Gabi M 55 Makora Rubu Admin.Officer Gr.10

187 Tiko Iarana M 53 “ Sub.Farmer Gr.10

188 Sio Vavine M 35 “ “ Gr.10

189 Babona Vavine M 32 “ “ Gr.10

190 Keiroko Bali F 51 “ Housewife Gr.6


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191 Makora Bali M 30 “ Banker College Dip.

192 MogonaMakora F 30 “ Accountant College Dip.

193 Daube Bali M 28 “ Mechanic Gr.10

194 Gigiro Gelema F 36 ‘ Sub.Farmer Gr.6

195 Waigo Botau F 34 “ “ “

196 Repso Tiko M 22 “ “ Gr.10

197 Misina Iarana F 51 “ “ Gr.6

198 Veira Iarana F 56 “ Housewife Gr.6

199 Pini Iarana M 48 “ Sub.Farmer Gr.6

200 Kamona Iarana M 46 “ “ Gr.6

201 Tovo Iarana M 44 “ CID Police Officer Police College

202 Bugave Lologa M 70 “ Carpenter Gr. 6

203 Gutuma Lologa M 65 “ Architecture College

204 Kitiro Lologa M 62 “ Carpenter Gr.10

205 Kila Lologa M 60 “ Carpenter Gr.6


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Appendix XVI: PHOTOGRAPHS OF DPs

Photographs of Dogona Bridge

From the Bridge to POM From the Bridge to POM

South side (Downstream) View to POM direction


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From the Bridge to POM Meeting with Local clan

Kokebagu Bridge

From POM to the Bridge Bridge condition

Upstream Down stream


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Upstream Downstream

Sivitatana Bridge

From Bridge to POM Bridge condition from upstream

Upstream Downstream


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Meeting with Land owner clan 24 hour Market 500m north of Bridge

Meeting at Sivitatana Village Meeting at Dogona Village

bove: Local Timber Miling for pallets and building materials. Above: Photo taken after interviews.


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Above Left: Fruit Trees as source of income. Above Right: Typical Latrine Pit Shelter.

Above: Type of permanent village Houses at Sivitatana

Below: Participants of Land Investigation and Socio-Economic Studies