TIM L-2857/2858: Road Network Upgrading Project …...submitted to PMU on Oct 29, 2015 for approval. If approved, the revised completion date will be moved from Feb 11, 2016 to April

Social Safeguards Monitoring Report

December 2015

TIM L-2857/2858: Road Network Upgrading Project

Contract Packages R3

Dili – Tibar - Liquica Road

Prepared by Ministry of Public Works for the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not

necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in

nature.

In preparing any country program or strategy, financing any project, or by making any designation of or

reference to a particular territory or geographic area in this document, the Asian Development Bank does

not intend to make any judgments as to the legal or other status of any territory or area.

REPÚBLICA DEMOCRÁTICA DE TIMOR LESTE MINISTÉRIO DAS OBRAS PÚBLICAS, TRANSPORTES E COMUNICAÇÃO

Quarterly Social Safeguards Monitoring Report

(Report No. 7)

Contract Package R- 3 Dili - Tibar - Liquiça Road

Road Network Upgrading Sector Project

Katahira & Engineers International

October - December 2015

Democratic Republic of Timor-Leste Ministry of Public Works, Transport and Communication Road Network Upgrading Sector Project

Social Safeguards Monitoring Report Contract Package R3 Dili –Tibar - Liquiça Road

Katahira & Engineers International 1

1.0 INTRODUCTION

1. This report covers the activities of monitoring from October to December 2015

for the Rehabilitation and Maintenance of the 28.72kilometer Contract

Package R-3, Dili-Tibar-Liquica Road under the Timor Leste Road Network

Upgrading Project (RNUP). This activity is being undertaken to ensure the

equitable provision of assistance to all project affected persons in the

acquisition of project right of way and to determine whether or not the

Resettlement Plan (RP) was achieved in accordance with the Asian

Development Bank (ADB) Social Safeguards Policy on Involuntary

Resettlement in conformity with the applicable laws and policies outlined in

the Resettlement Framework for this project.

2. This project is jointly funded by the ADB and the Government of Timor Leste

(GoTL) whereby the Commission for Administration of the Infrastructure Fund

(CAIF) is the Executing Agency and being implemented by the Ministry of

Public Works, Transport and Communication (MPWTC) through the Project

Management Unit (PMU) with the technical support of Katahira & Engineers

International (KEI) as the Construction Supervision Consultant in association

with Kai Watu Kmanek-Consultant Unipessoal LDA.

3. The civil works awarded to Spanish Construction Company, Constructora San

Jose S.A and Notice to Proceed issued with effectivity date on 14 November

2013 and original scheduled accomplishment on 15 August 2015. While the

civil work progresses, engineering design considerations were taken, thus,

due to approved Variation Order (V.O.) No. 2 with 180Calendar Day time

extension, the revised completion date is on 11 February 2016. Moreover,

Variation Order No.3 with request 65 Calendar Days’ time extension was

submitted to PMU on Oct 29, 2015 for approval. If approved, the revised

completion date will be moved from Feb 11, 2016 to April 16, 2016.

4. Upon acceptance of the project, immediately, the Contractor undertakes site

preparation that include among others: i) As stake surveys; ii) ground staking




of construction limit for reference in the clearing and grubbing; iii) start of the

implementation of the Resettlement Plan from identification/validation to

negotiation up to the payment of compensation of APs within the construction

limit.

5. Once completed, the road project is envisioned to support the economic

development of the country, help reduce poverty, and improve access to the

markets and social services for the residents of the districts served by the

road.

2.0 PROJECT BACKGROUND

6. The project starts originally at Sta 6+828 (Nicolao Lobato Roundabout),

however, the MPWTC Minister instructed the Contractor, Constructora San

Jose S.A thru letter dated 27 November 2013 that only maintenance works

will be undertaken from Sta 6+828 to Sta 14+430 (Nicolao Lobato

Roundabout about 500meter after Tibar Junction) and the full works of R3 will

be done from Sta 14+430 to Sta 35+544 which was indicated in the approved

Variation Order No.1. With the approved V. O. No. 2, the new beginning of

project starts at Sta 15+473 (1km, 4lane ACP) up to Sta 16+480, on the north-

south direction of Tibar-Gleno Road and on the east -west direction of Dili-

Liquica Road. The road passes through the northern coastline of the island as

it runs towards Liquica where it ends in Sta 35+673.91 and connects to the

Liquica-Maubara Road. This road is part of the strategic east-west road

network that directly connects Dili to District Centers along the northern

coastline and it also forms part of the main artery to and from the proposed

international container Port at Tibar. The proposed international port will

reduce the dependence of Timor to the port facility in the Indonesian side of

the island which currently receives the international freight destined to Timor

Leste. The project location is shown in Figure 1.




Figure 1 - Location Map of the Dili -Tibar – LiquiçaRoad

7. The scope of work includes widening and the existing pavements with fair to

poor conditions that consist of asphalt concrete wearing surface over the

number of different types of base layer were programmed for Asphalt

Concrete Pavement (ACP) surface, 6.0 meters carriageway, providing 1.0-1.5

meter shoulder on both sides of the road. The repairs will bring the base

course up to the pavement level in distressed areas and the full length of the

road will then be overlaid with 50millimeters of hot-laid asphalt. Drainage is

scheduled to improve by providing drainage structures such as: RCBC,

RCPC, Stone masonry, retaining wall, etc. Cleaning or reconstruction of the

existing drainage structures is also included. As part of project safety, the

project included the provisions of pavement markings, road designs,

regulatory signs and stone masonry guard wall block. There are no proposed

major changes in alignment or gradients.

3.0 SOCIAL SAFEGUARDS MONITORING ACTIVITIES

8. A Draft Resettlement Plan was prepared in 2012 in compliance with the

requirements of the ADB to identify the actual population and assets that will

be affected and to determine the extent to which they can be affected in

securing the project’s right of way.

9. The policy framework governing the Draft RP was derived from and guided

mainly by the ADB Safeguard Policy Statement and the Resettlement

Framework (RF) prepared by the GoTL for the RNUP. Hence, Summary of




Impacts with a corresponding estimated resettlement budget extracted from

the RP of 2012 which is the subject of monitoring are as follows:

Impact Category Magnitude of Impact

Total Affected Families 12 Households Total Affected Persons 92 Persons Total Number of Affected Structures 2 Total Area of Affected Structures 14.5 Sqm Total Affected Kiosks 9 Total Affected Trees 1

Total Affected Persons with Business 11 Estimated Resettlement Budget US$10,740

10. While civil works and implementation of the Resettlement Plan are ongoing,

the number of affected assets has enormous increase, thus, the updated

number of APs per Suco as of 2015 are summarized below:

Number of APs Negotiated Cost

Suco Tibar, Liquica 9 2,747.50

Suco Ulmera, Liquica 65 15,251.15

Suco Mota Ulun 78 11,743.50

Suco Lauhata 74 13,973.00

Suco Maumeta 25 2,552.00

Suco Dato 27 5,489.25

Total 202 51,756.40

Affected Tombs 7 8,072.25

Total Negotiated Settlements 59,828.65

11. It was noted in the RP of 2012 in the summary of impacts that the affected

families and affected persons are misrepresented because as to Resettlement

Policy definition of terms, project Affected Family (AF)/household consists of

all members of a household residing under one roof and operating as a single

economic unit, who will be adversely affected by the project. For resettlement

purposes, project Affected Person (AP) will be dealt with as member of

project affected families who on account of the execution of the project, would




have the right, title or interest in all or any part of a house, land (e.g.,

residential, agricultural or pasture) or any other fixed or moveable asset

acquired or possessed, in full or in part, permanently or temporarily.

Therefore, the number of affected families/households must be bigger than

the affected person. It was therefore concluded that the APs covered in

previous RP is only 12APs that correspond to the estimated resettlement

budget of US$10,740.

12. Further, the vast difference in the number of affected persons from 12APs

during RP preparation to 202APs including 7 affected tombs (see attached list

of APs in the Annex) during the civil works and RP implementation is on the

principle that the construction limit/road right of way has not been delineated.

In addition, the extent of slope cutting was not even determined during the

preparation of the draft RP which the only basis in identifying the APs is the

preliminary design. While the updated number of APs are the actual

inventoried taking into account the additional APs recognized in the course of

cutting of slopes, scheduled drainage structure activities and the re-alignment.

13. Nevertheless, the determination of compensation and entitlements is based

on the old practice - Negotiation Settlement which is an agreed amicable

rates or package of compensation and entitlements for the AP’s to

ensure that the cost is sufficient to cover the affected structures and assets,

physical and non-physical, thus, ascertain that the AP’s will not be worst-off

and they could recover from the disturbances caused by the project.

14. An International Resettlement Specialist together with National Resettlement

Assistant commissioned to validate/verify and to handle direct negotiation

settlements with all the AP’s witnessed by the Suco Chief. Public meeting

involving the affected persons were also held prior to actual direct

negotiations with the assistance of the Suco Chief who has the administrative

responsibility on the areas where the road sections are located




15. A Social Safeguard Monitoring (SSM) along with the submission of SSM

Report to ADB thru the PMU is undertaken in a quarterly basis to determine

whether or not the RP was carried out as planned and according to the Policy.

16. Overall, the implementation of the RP is parallel to the ongoing activities of

the Contractor that supposedly land acquisition and clearing of right of way

was embarked on prior to civil works but the delay of RP implementation was

due to the completion of related documents including the allocation of fund for

resettlement besides the number of APs was not completely determined and

validated/verified prior to project implementation.

4.0 MONITORING STATUS

17. As discussed in previous monitoring, of the 202APs including relatives of the

7 affected tombs, only 14APs remain unsettled. Out of the 14APs, the two (2)

are owners of kiosks who requested higher cost than the offered amount and

it was amicably agreed at US$4,000 and US$2,900. The rest, 9APs will be

affected by the widening into 4-lanes which is an additional scope of work of

the Contractor and the 3APs are identified due to the installation of drainage

facilities. The 14APs opened BNCTL account in May 2015 with an initial

deposit of $10.00 provided by the PMU.

18. As of this monitoring period, all the 14APs were paid thru their BNCTL

accounts.

19. In addition, there are 17APs affected in the Re-alignment at the end of the

project (Sta 34+780 to Sta 35+403). The Consultant provided advance

payment amounting to US$3,482.25 to settle the APs to avoid further delay in

the construction activities. Payments were made with the presence of Suco

Chief of Dato and MPWTC/PMU Representative.




4.1 Outstanding issues and concerns:

Issues and Concerns Action Taken Remarks

Backfilling the existing waterway

from the outlet of the newly

constructed RCBC at Sta

30+642 and falling embankment

materials on the roadway from

the hauling dump trucks from

Sta 28+950 (quarry site) to Sta

30+840 (work site brought by

the ongoing development

activities of Wai-Watu, LDA

Group

Numerous meetings was

initiated by KEI Consultants

with Mr. Germano Da Silva,

Director of Wai-Watu LDA

Group and some

agreements were committed

but up to this date, no

actions were taken.

THIS ISSUE REMAINS

UNRESOLVED because Mr.

Germano didn’t act/

response to the letters of

KEI and MPWTC.

Claimant of Land from the outlet

of RCBC at Sta 31+035 seaside

The activities of contractor

resumed although no

settlements done to the lot

claimant.

A letter signed by PMU

Project Manager dated 31

August 2015 was sent to

NDLPCS to verify the

authenticity of the proof of

ownership provided by the

claimant to appraise lots to be

acquired.

No response yet from the

NDPLCS to the letter dated

31 August 2015.

Relocation of 14 Electrical Steel

Posts along the road re-

alignment from Sta 34+780 to

Sta 35+521

The immediate removal/

transferring outside the

construction limit of the 14

posts was coordinated to the

Director General Virgilio

Fatima Guterres. A joint

inspection with EDTL, KEI

and PMU representatives was

conducted on November 4,

After the joint inspection,

EDTL prepared cost estimate

for the re-transferring of

seven (7) electrical poles

including cable wires

amounting to US$13,491.17

while the relocation of other

seven (7) poles will be

transferred to the newly




2015 to verify the EDTL posts

subject for relocation.

erected electric concrete

poles at EDTL’s expense.

The Cost estimates was

transmitted to PMU for

advice/action with a

supporting letter from Liquica

Administrator. The

Administrator requests

assistance of MPWTC to

facilitate the relocation of said

EDTL poles thru letters dated

November 17 $ 19, 2015.

(See Annex for the

communication letters)

5.0 ADDITIONAL ACTIVITIES

20. Included in the resettlement activities for this monitoring period are the social

issues of the proposed Tasitolu-Tibar Section scheduled for implementation

on the 1st quarter of 2016 under the same program RNUP which is a

component by the ongoing widening and improvement of existing two lane




road to a four lane road located in the middle of Sta 15+350 (13+170) to Sta

16+480 14+290.51) along the Tibar Junction to Liquica Proper and not to

extend up to the backdoor of the Port (Sta. 17+240/380).

21. The following issues and concerns were considered:

ISSUES AND CONCERNS ACTION TAKEN REMARKS

Processing of payments for the

15APs whose residential and

commercial structures, trees and

other improvements will be

severely affected within the

proposed Tibar Roundabout.

Payment of compensation

and entitlements

amounting to

US$339,934.24 is on

process by PMU/MPWTC.

Follow-up to PMU for the

disbursement to their

respective BNCTL

accounts

Lots to be segregated As per data from SNC,

there are 15 Lot claimants

scheduled for publication

in 2016

A letter addressed to the

Minister of Justice from

Minister Gastao was

transmitted dated 24

November 2015 requesting

for the segregation of lots

to accommodate the

design. Up to this date, no

response yet from the

Land Property Office.

Only affected structure, trees and

other improvements were raised

during public consultation

As per Minutes of Meeting

during Public

Consultation in Aldea

Fatunia, Tibar dated 28

April 2015 participated by

45 persons, no one raised

the issue of lots to be

acquired.

Access Road to the

communication towers of Timor

Telecom, Telemor and Telkomcel

As per Minutes of Meeting

with the three (3)

Telecommunication

Companies dated

September 09, 2014 at

10AM held in Telemor

office, it was informed that

the companies support the

project provided that an

access road will be opened

24 hour, 7days a week for

The existing access road

will be closed to traffic

once the construction

activities of Tibar By-Pass

Road commences up to its

project completion. An

alternative access road

was recommended. The lot

owner of the proposed

access road Sra. Maria Da

Cruz issued Certification




the routine maintenance

and other communication

tower activities.

dated 05 November 2015

allowing for the utilization

of the road by the three

telecom companies.

EDTL power lines/poles A letter dated 11

September 2014

addressed to EDTL

Director of Distribution

requesting for a meeting

regarding facilities/

equipment owned by EDTL

that might be disturbed by

the road construction.

As per latest coordination

with the EDTL, most of the

power lines/poles within

the project boundaries are

to be relocated once

project boundaries has

been delineated.

Resumption of the Establishment

of Gasoline Station in Tibar.

The location of the

gasoline station is one of

the parcel of lots requested

for segregation to

NDLPCS.

A draft letter was

transmitted to PMU for

approval requesting to

issue work stoppage to the

owner of the gasoline

station.

Follow-up letter to PMU for

approval and signature.

6.0 FINDINGS AND CONCLUSIONS

22. Social/resettlement issues and concerns were properly addressed and

handled with the support of Suco Chief who has the administrative

responsibility on the areas where the road sections are located.

23. In the absence of GoTL Social Safeguards Policy, it is suggested that for

future projects where Resettlement Framework will be prepared for specific

project, it should clearly state the methodologies that need to adopt and a

standard price list in the determination of compensation and entitlements shall

be formulated.




24. Moreover, prior to implementation of RP, orientation and mentoring from PMU

and PISC are necessary for the National Resettlement Officers in performing

their works. If possible all assigned National Resettlement Staff should

undergo proper seminar workshop on RP preparation and implementation in

order to come up with a common understanding on the ADB and GOTL social

safeguards policy and its definition of terms. Likewise, the Grievance

Redress Committee will be formed immediately in order that grievance related

to any aspect of the project will be handled properly.

25. The 8th Social Safeguard Monitoring Report will be submitted on March 2016.




ANNEXES

1. Complete list of 202 Affected Persons with corresponding

negotiated costs including the 17APs

2. Communication letters relative to the issue amongst the PMU,

Consultant and Wai-Watu LDA Group thru its Director Mr.

Germano Da Silva

3. Letter to the Director General of Electricidade de Timor Leste

regarding removal/transferring of electrical poles outside the

construction limit for the re-alignment and the Cost Estimates that

transmitted to PMU for appropriate action.

Documents

TIM L-2857/2858: Road Network Upgrading Project …...submitted to PMU on Oct 29, 2015 for approval. If approved, the revised completion date will be moved from Feb 11, 2016 to April