Strengthening West Kalimantan Power Grid (RRP INO 41074)
Draft Resettlement, Ethnic Minority and Development Plan ___________________________________________________________________________________________________________
July 2011
INO: Strengthening West Kalimantan Power Grid
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Draft Resettlement and Ethnic Minority Development Plan
West Kalimantan 275 KV Transmission Line Project
Strengthening West Kalimantan Power Grid
July, 2011
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Contents
A. Executive Summary ...................................................................... Error! Bookmark not defined.
B. Project Description ........................................................................................................................... 7
B.1. Project component and Its current status ...................................................................................... 7
B.2. REMDP Preparation and Efforts to Minimize Potential Resettlement Negative
Impacts ........................................................................................................................................................................ 8
C. Scope of Land Acquisition and Resettlement .......................................................................... 8
C.1. Land Required for New Substation ................................................................................................... 8
C.2. Land Required for Transmission Line ............................................................................................. 9
D. Project Potential Impacts ......................................................................................................... 10
D.1. Substation Impacts ............................................................................................................................... 10
D.2. 275 kV Transmission Line Towers Land Acquisition Impacts ........................................... 11
E. Socio Economic Information and Profile ................................................................................ 14
E.1. Survey and method ............................................................................................................................... 14
E.2 General Socio – Economic and Demographic of the Project Area ..................................... 15
E.3. Ethnicity and Vulnerability ............................................................................................................... 19
E.4. Socio-Economic Profile of Affected Household for Substation ........................................... 21
E.6. Socio-Economic Profile of AHs to be Affected by ROW ......................................................... 22
E.7. Gender Issues .......................................................................................................................................... 23
E.8. Ethnicity and Vulnerability in General ......................................................................................... 24
F. Consultation and Information Disclosure .............................................................................. 24
G. Grievances Redress Mechanism. ................................................................................................ 26
H. Legal and Policy Framework ................................................................................................... 26
H.1. Relevant Government of Indonesia (GOI) Laws and Policies............................................. 27
H.2. ADB Policies and Procedures of Guidelines................................................................................ 27
H.3. Some Key Differences/Gaps between GoI and ADB Policies ............................................... 28
I. Entitlement, Assistance, and Benefits ...................................................................................... 29
I.1. Proposed Project Principles and Entitlements ......................................................................... 29
I.2. Project Entitlements, Assistance and Benefits .......................................................................... 31
J. Institutional Arrangements ......................................................................................................... 36
K. Monitoring And Evaluation ..................................................................................................... 39
L. Implementation Schedule ............................................................................................................ 40
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Table 1. 275 kV Transmission Line and Sub – districts to be Traversed ............................................. 8
Map of AHs’ land parcels to be Used for the Substation ................................................................... 9
Table 2. Substation Key Impacts (Summary) .................................................................................. 11
Table 3. Land Required for Towers Construction and ROW ............................................................ 12
Table 4. Existing Use of the Land to be Affected by Towers ............................................................ 13
Table 5. Summary of Transmission Line Towers Impacts ................................................................ 14
Table 6. Educational Facilities in Bengkayang District ..................................................................... 18
Table 7. Health Facility Available in Bengkayang District, 2008 ....................................................... 18
Table 8. Poor Households which received Direct Cash Compensation in 2007 ................................. 19
Table 9. Distribution of Dayak Sub Clan in the Project Area ............................................................ 20
Table 10. Severely Affected AH by at Substation site ...................................................................... 21
Table 11. Number of Severely Affected Households by 275 kV Transmission Line Towers ............... 22
Table 14. Estimated Budget for Land Acquisition and Compensation ............................................. 36
Table 15. Institutional Framework for Resettlement Issues ........................................................... 38
Table 16. Resettlement and Ethic Mnority Development Plan Milestone ........................................ 40
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DEFINITION OF TERMS
Affected person
(AP)
- means any person or persons, household, firm, private or public institution who are
affected by the project both positively and negatively
Displaced person
(DP)
means those who are physically displaced (relocation, loss of residential land, or loss of
shelter) and/or economically displaced (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.
Persons with formal legal rights and persons who have no formal legal rights but their
lands are recognizable under national laws are entitled for adequate and appropriate
compensation either in the form of land replacement or cash compensation at full
replacement cost for lost land, structures, and relocation assistance, if applicable.
Persons who have neither legal rights nor recognizable claims to the land are entitled
to the compensation for the loss of assets other than land and for other improvement
of the land at full replacement cost.
Compensation - means payment in cash or in kind (e.g. land-for-land) to replace losses of land, housing,
income and other assets caused by the Project. All compensation is based on the
principle of replacement cost, which is the method of valuing assets to replace the loss
at current market value, plus any transaction costs such as administrative charges,
taxes, registration and titling costs. In the absence of functions markets, a
compensation structure is required that enables affected people to restore their
livelihoods to level at least equivalent to those maintained at the time of dispossession,
displacement, or restricted access.
Cut-off date
- This refers to the date prior to which the occupation or use of the project area makes
residents/users of the same eligible to be categorized as AP, regardless of tenure status.
In this Project, the cut-off date will be the final day of the census of APs and the
detailed measurement survey (DMS) of DPs’ land and/or non-land assets.
Entitlement - means a range of measures comprising compensation in cash or in kind, income
restoration support, transfer assistance, income substitution and relocation support
which are due to affected people, depending on the nature of their losses, to restore
their economic and social base.
Land acquisition - means the process whereby an DP is compelled by a public agency to alienate all or part
of the land it owns or possesses to the ownership and possession of that agency for
public purposes in return for compensation equivalent to the replacement costs of
affected assets.
Rehabilitation
- means assistance provided in cash or in kind to project displaced persons due to the
loss of productive assets, incomes, employment or sources of living, to supplement
payment of compensation for acquired assets, in order to achieve, at a minimum, full
restoration of living standards and quality of life.
Relocation - means the physical relocation of an affected household from her/his pre-project place
of residence.
Severely displaced
persons
- Those who experience significant/major impacts due to (i) losses of 10% or more of
their total productive land, assets and/or income sources due to the Project; and/or (ii)
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relocation due to insufficient remaining residential land to rebuild.
Vulnerable groups - are distinct groups of people who might suffer disproportionately or face the risk of
being marginalized by the effects of resettlement and specifically include: (i) households
headed by women, elderly, or disabled, (ii) households falling under the generally
accepted indicator for poverty, (iii) landless households, and (iv) ethnic minorities.
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A. Introduction
1. The 275 kV interconnection line along 81.5 km stretching from Bengkayang substation in West Kalimantan to the border with Sarawak, Malaysia. The interconnection transmission line crosses some sub districts including sub district of Seluas, Sanggau Ledo, and Lumar. A total 221,772 sq.m is required for the project including 58,122 sq.m for sub station and 163,650 sq.m for tower bases.
2. Data collection in the project area was undertaken in the period of December 2009 until April 2010 through a socio - economic survey and inventory of losses (IOL). The IOL calculated that a total of 589 affected households (AHs) will be impacted by the project either permanently or temporarily. Of the 589 AHs, 196 AHs will permanently lose the land for the construction of the 201 transmission towers and 10 AHs will lose their land for the substation. The rest, a total of 393 AHs is those who will experience the restriction in the use of the land in the rights of way (ROW), However, none of these AHs will lose the structure and need to be relocated due to the project Of the 589 AHs, 20 AHs are considered as severely AHs and vulnerable that require special assistance from the project. The project will also impact to indigenous group as the majority group in West Kalimantan. Dayal ethnic which is considered indigenous group will be most impacted (52%) and followed non-indigenous group, namely Malayu ethnic (39%) and others.
3. Compensation for the lost land and non-land assets will follow the principle of replacement cost. The lost land including the land with traditional rights or customary land will be compensated in cash at the current market value without any deduction for taxes, administrative costs, and the cost of the land ownership updating will also be covered by the project. Crops losses will be compensated in cash at market value and consider the productivity. For the land use restriction, an easement fee of 10% of land market rate for the tower bases will be provided. PLN will also deliver special rehabilitation measures under its community development program to the severely affected and vulnerable households. The development programs will be designed and implemented in consultation with households during implementation.
4. Consultations with the affected households were carried out during REMDP preparation. These activities will continue during implementation. Key information in this REMDP will be disclosed to the affected households prior to appraisal. A grievance redress mechanism has been established and will be handled through mediation aimed at achieving consensus Special attention will be be given to the vulnerable groups including women, poor people, indigenous people, elderly, ethnic minority, and disabled people.
5. The Executing Agency is PT PLN (Persero) HQ in Jakarta. While, the implementing agency for this project will be PT PLN (Persero) Pokitring Kalimantan and PT PLN Pokitring West Kalimantan will handle for the project in the field. To deliver the community development program, PT PLN (Persero) Pikitring will coordinate with PT PLN (Persero) Regional Office- Kalimantan. Overall coordination and administration of the project including all those connected to the land acquisition and resettlement is under the responsibility of PT PLN (Persero) HQ in Jakarta. As mandated by the Presidential Regulation No. 65/2006 on the Land Acquisition for the Development of the Public Interest, land acquisition of more than 1 hectare will be conducted by the Land Acquisition Committee (LAC) established by the Bupati (District Head). Therefore, PT PLN (Persero) Pokitring West Kalimantan will work together with the LAC at Bengkayan District where the project is located.
6. PLN will serve as the Project’s internal monitoring body. 6 monthly reports will be submitted to ADB starting from the approval of the REMDP. The resettlement budget will cover compensation cost, rehabilitation measures, administration cost, and contingency. PLN will ensure timely provision of
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counterpart budget for resettlement in order to satisfy resettlement requirements and objectives. REMDP budget is estimated in the amount of IDR 21.544.361.193 (USD 2.393.818). Resettlement activities will be coordinated with the civil works schedule. Land acquisition can not commence until the updated REMDP has been reviewed and approved by ADB. PLN will not commence construction activities in substation and tower footprints until the land is completely acquired.
7. To ensure that issues associated with the indigenous people are properly addressed by the project, this document is a Resettlement and Ethnic Minority Development Plan (REMDP) and addresses both Involuntary Resettlement and Indigenous Peoples Development. The document has been prepared to meet the requirements of ADB’s Safeguard Policy Statement.
B. Project Description
B.1. Project component and Its current status
8. Trans Borneo Power Grid: Sarawak to West Kalimantan Transmission Line is PLN’s project proposed to be financed by ADB. The goal of the proposed project is to (i) expand transmission line grid and improve stability of electricity though transmitting trans-border electricity supply (ii) increase access of West Kalimantan households to electricity connection The proposed project comprises: (1) development of a new substation in Magmagan Village, Lumar Sub-district, Bengkayang District that requires about 58,722 sq.m of land acquisition and (2) construction of 275 kV Transmission Line Towers that runs along 81,5 km from Magmagan Village , Lumar Sub-district to Jagoi Village, Jagoi Babang Sub-district located at the border area in Bengkayang District, West Kalimantan Province..Total area to be used for the ROW is approximately 2,037,500 sq.m.
9. A new substation will be constructed in Magmagan Village, Lumar Sub-district, it is located about 10 km to the north of Bengkayang City, the capital of Bengkayang District. The proposed substation site is located on flat land, about 100 - 200 m from the provincial road side. The area is private garden land owned by 10 AHs living around the area. There are some structures located in the vicinity of the substation site such as a church, a small fish pond and some small scale retail outlets (local shops and vendors), and houses, yet none to be affected.
10. The 275 kV Interconnection Transmission Line running from Magmagan Village to the border area in Jagoi Babang will involve the construction of 201 towers , and stringing of 81.5 km double circuit transmission line supported by these towers. The selected route of the transmission line will require 39 angle towers and 162 normal towers. The Transmission line will pass through 13 villages located in five Sub-districts in Bengkayang District. Topographically, the whole area to be traversed by the transmission lines is mostly characterized as hilly area and some other areas are flat area utilized for paddy field, savanna, and community garden. In order to avoid the residential area, the transmission line is mostly constructed on the community forested land and garden owned by the residents. Some transmission lines run adjacent to provincial roads, yet mostly they run quite far away, around 2,5 km – 5 km from the provincial roads, traversing rubber plantation, mixed garden, paddy field, and low economic value tropical vegetation. From Magmagan Village, the Sub- district of Lumar, the transmission line will traverse to Sub - district of Seluas, Ledo, and Sanggau Ledo which is more commercial compared to the three previous sub districts, and then will end in Jagoi Babang Sub –district at the border area with Sarawak.
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Table 1. 275 kV Transmission Line and Sub – districts to be Traversed
No Towers Village Sub-district Total 1 Tower (1-10) Magmagan Lumar 10 2 Tower (11-22) Tiga Berkat Lumar 12 3 Tower (23-35) Belimbing Lumar 13 4 Tower (36-50) Lamolda Lumar 15 5 Tower (51-60) Lesabela Ledo 10 6 Tower (61-79) Jesape Ledo 14 7 Tower (80-93) Bange Sanggau Ledo 14 8 Tower (94-100) Gua Sanggau Ledo 7 9 Tower (101-116) Sango Sanggau Ledo 16
10 Tower (117-127) Sahan Seluas 11 11 Tower (128-151) Mayak Seluas 24 12 Tower (151-169) Seluas Seluas 19 13 Tower (170-198) Jagoi Jagoi Babang 29 14 Tower (199-201) Indonesia Border Indonesia Border 3
Number of Towers 201
11. A normal span between one tower to another one of 275 kV transmission line is around 325 – 350 m. Conductors will be strung in between the towers with a minimum clearance to the ground of 15 m. Land management options of a 25-meter wide strip along 81.5 km will potentially be restricted for right of way (ROW).
B.2. REMDP Preparation and Efforts to Minimize Potential Resettlement Negative Impacts
12. This Resettlement and Ethic Minority Development Plan will cover project in West Kalimantan covering a new substation and transmission line connecting the proposed new substation with the substation to be built in Sarawak. This REMDP is established based on initial design prepared by PLN Engineering Office that has also been incorporated in Bengkayang District Spatial Planning, year of 2009. A total corridor – of- impact (COI) of 25 meters for the transmission line is used as basis for estimating the scope of resettlement impacts. This REMDP is subject to updating following the final detailed design during implementation. An Environmental Impact Assessment (EIA) study of the project was approved in May 3, 2010 by the West Kalimantan Governor. Site location permit for the project was issued by the Bengkayan District in 2010.
13. There are key principles that have been practiced by PLN to minimize the negative t impacts of the transmission line project. The project will avoid, wherever possible, the residential areas by making an alternative design or rerouting the line identified to traverse the residential areas. For this Bengkayan Transmission Line project, the transmission line will mostly be constructed quite far away from the residential area. PLN will also reroute some towers –based on the previous design in 1999–identified to be located in a school area and a protected communal area (Tembawang). For the substation, initially, the proposed site for new substation was in Bengkayang, yet the land is owned by a local land lord who refused to sell the land for the project. The location of the sub station in Magmagan Village is finally chosen as the number of land owners is relative small, no relocation, and the land owners are willing to release the land with good compensation.
C. Scope of Land Acquisition and Resettlement
C.1. Land Required for New Substation
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14. Land required for substation development in Magmagan Villlage is 58,122 sq.m. This land has covered the need for substation and its supporting infrastructures including access road, equipment and material storage and assembly areas, facilities for workers, and waste disposal. This total land will permanently be acquired by PT PLN (Persero).
Map of AHs’ land parcels to be Used for the Substation
C.2. Land Required for Transmission Line
15. Construction of towers requires permanent land acquisition to secure the towers’ footprint. A total of 201 towers will be constructed comprising 39 angle or stringing towers and 162 normal or straight towers. Based on Indonesia National Standard for 275 kV Transmission Line Tower, the land required for a straight tower base is 625 sq.m (25 m X 25 m), while for an angle tower is 1,600 sq.m (40 m X 40 m). Thus, the total land required for the total of 201 towers is 163.650 sq.m (62,400 sq.m for 39 angle towers and 101,250 sq.m for 162 straight towers).
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Map of 275 kV Interconnection Transmission Line Route
D. Project Potential Impacts
D.1. Substation Impacts
16. Impact on Land and Structures. Development of new substation and the associated infrastructure will affect ten (AHs) whose land to be acquired by the project. The average total agricultural land owned by the ten AHs is more than one hectare. However, 6 AHs will lose more than 10% of their productive land. Of these 6 severely AHs, two AHs (Mr. Marta and Mr. Andik) have other parcels of land outside the project area and have access to cultivate the communal land owned by their clans. The total of family members of the 10 AHs is 52 people consisting of 24 male and 28 female. There are five ethnic groups in the said 10 AHs, namely: Dayak Iban, Dayak Bekati, Dayak BeAhe, Melayu and Javanese. Of the 10 AHs living nearby the site, there are two households headed by women
17. Land to be acquired for the substation is private land with the exception of one parcel of land (3274 m2) which is community-owned land1. Of the 10 AHs, only three AHs have legal title, while the remaining seven AHs have customary ‘ownership’ to the land under the indigenous governance of Dayaks in Bengkayang.
18. Impacts on Structure. No structures or buildings will be affected by the substation area, nor relocation of AHs. Yet, in the surrounding area of the substation in the radius of 400-500 m there are several houses belong to the local residents that may be indirectly affected.
19. Impacts on Productive Crops and Trees. The land for the substation is presently being utilized as home garden planted with several kinds of food crops, perennial trees that are dominated by productive rubber trees (96%). Rubber trees are an important economic income source of community’s members. In 1990s, government developed program of Sustainable Community Rubber Plantation to create an alternative source of income for farmers and to prevent expansion of forest
1 Latest information from the project office of Pikitring Kalimantan in Balikpapan Office August 29, 2010 confirmed that
the parcel of land belong to village is excluded from the Substation.
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land for shifting agriculture by the indigenous groups. Each household was provided 0.5 hectare of land for rubber plantation. Later the households also planted other perennial trees such mango, king fruit (Durian), rambutan, tamarin (asam) and subsistence food crops.
20. Impacts on Livelihood and Economic Income. For the AHs, home garden is their important economic income sources. The trees planted on the garden are mostly for commodity rather than for family food security purposes. This productive income sources will be lost when the construction of the substation is commenced. In order to rehabilitate their loss of income, the AHs will be able to create new Gardens in the communal lands.
21. Severity of Impact. Impacts of permanent land loss suffered by the AHs will vary. Some AHs will experience worse impact rather than others. Of the ten households who will permanently lose to the land, the two AHs will lose two land parcels respectively, namely Mr. Anyam (4865 m2 and 12,600 m2) and Mr. Nyandang (143 m2 and 11053 m2). The six AHs will permanently lose more than ten percent of their productive agriculture land (five male-headed households and one women-headed household) and therefore they are categorized as severely AHs.
22. Socio-cultural Impacts: In general, the life of rural communities and IP groups still strongly rely on the local cultural value including a social exchange (reciprocity), and a close relation among communities members. The social exchange value is strongly reflected in agriculture sector, in the form of labor contribution among the community members. Therefore, loss of agricultural land may affect to the balance of the social exchange among the members.
23. Summary of the substation key impacts are described in table 2 below and the details are presented in Annex 1 on table 1 (Table Substation Impacts on AHs’ Acquired Assets); table 2 (Substation Impacts on Land Use); and table 3 (Substation Impacts on Trees and Annual Crops).
Table 2. Substation Key Impacts (Summary)
Items Unit Quantity Total land acquired for Substation m2 58,122 Percentage of Acquired land compared to total land owned by APs
% 37.44
Total Number of AHs to be affected by substation AH 10 Total Number of AHs who have trees and crops to be affected by substation
AH 10
Total Number of AHs headed by women AH 2 Number of AH losing > 10% of total land ownership AH 6 Number of AH to be relocated AH None Number of building/structure stand on the substation site unit None Other losses/effects No. To be
determined
D.2. 275 kV Transmission Line Towers Land Acquisition Impacts
24. Impact on Land Ownership and Communal Property. There are 176 AHs headed by man and 20 AHs headed by women with total 769 members (356 male and 413 female) will permanently lose their land for the 201 towers construction. None of the AHs however need to be relocated, nor structure has to be acquired.. There are 92 AHs have legal title of the land to be acquired, while 107 AHs only have permanent use-rights determined and recognized under Dayak customary law. There a tower was identified (Tower 95) to be located at an elementary school area in Gua Village,
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Sanggau Ledo Sub-district and another tower will reside on the protected communal land owned by Dayak Bekati ethnic (Tower 117) called as Tembawang in Sahan Village of Seluas Sub-district. Tembawang is a cultural land asset used by the Dayak Ethnic to store their very productive and valuable plant seeds. This area is also culturally protected and it’s prohibited to use the area for any physical development. In order to minimize the social impacts and safety, the project will reroute these two towers.
25. Nine (9) ethnic groups, namly Dayak Bekati, Dayak Iban, Dayak Bidayu, Dayak BeAhe, Melayu, Chinese, Javanese,Sundanese, Tapanuli / Batak living in the project area will be directly affected due to land acquisition. Of the 9 ethnics, Dayak Ethnic is the largest ethnic which will experience the impact (57%), followed by Melayu (38%), and other ethnics (5%).
26. Beside permanent land acquisition, there will be potential temporary impacts during the construction phase including temporary lost land for tracks access, crops/plants damages due to the cable stringing. The total area to be used for access tracks of 39 angle / stringing towers is 48,750 m2. Such temporary impacts will be compensated based on the losses and included in the resettlement entitlement.
27. A normal distance of span from a tower to another tower is about 325 – 350 m and conductor will be strung in between with a minimum clearance ground of 15 m. The width of the rights of way is 25 m and therefore the total land to be utilized for ROW along 81 km is 2,037,500 sq.m. Although this land will not be acquired, yet the owners will have restriction in using the land such as restriction to build and grow plants that exceeded the height required for safety standard of transmission line. Trees with the height more than three meters will be felled to meet the standard and will be compensated.
Table 3. Land Required for Towers Construction and ROW
28. Impact on Land Use Pattern. Exiting use of land to be acquired for the towers is mainly family gardens, swidden agriculture land, empty land, and bushes. The plants growing in the family gardens are dominated by rubber trees, palm trees, Bamboo, and some perennial fruit trees such Durian, Rambutan, and Nutmeg as well as food crops including Petai, Jengkol. Savannah and swamped area are also found in some areas (tower 150 – tower 199). Table 4 – 8 in Annex 2 describes a detail of type of land use and tree to be affected by the towers.
29. Those currently types of land use and trees / crops growing on the land for towers bases described above will be removed when the land is permanently acquired. However, most of AHs still have other parcels of land outside project area that can be rely on their economic income sources. Table 4 below describes land use of the land to be affected by towers foundation.
No Type of Land Acquisition Number of
Tower
Land Affected (m2)
1 Permanent Land Acquisition
a. Normal Tower Foundation 162 10,1250
b. Angle Tower Foundation 39 62,400
Sub Total 201 163,650
2 Temporary Land Acquisition
c. Track access for stringing angle tower 39 48,750
3 Land Use / Building Restrictions
d. Area of TL / ROW 201 2,037,500
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Table 4. Existing Use of the Land to be Affected by Towers
No Category Tower Bases No. of Towers
m2 %
1 Rubber plantation 50,725 31.00 64
2 Bamboo trees 6,950 4.25 8
3 Empty land 5,075 3.10 5
4 Paddy field 1,600 0.98 1
5 Swidden agriculture land 23,150 14.15 23
6 Bush land 42,525 25.99 54
7 Mix garden 22,300 13.63 31
8 Mix fruits trees 2,500 1.53 4
9 Palm oil trees 3,125 1.91 5
10 Mix food crops 5,075 3.10 5
11 Prison land 625 0.38 1
163,650 100.00 201
30. Severity of Impacts. In general, potential impacts to be experienced by AHs due to the permanent land acquisition for the tower bases are minor. About 93% AHs will lose less than 2% of their total land. However, there are 14 AHs will lose more than 10% of their productive land and/or other assets including land owned by the three women.
31. Positive Impacts. Aside of the potential negative impacts, the construction of the transmission line and new sub station will bring positives impacts to the land owners including i) affected land owners have the opportunity of receiving cash compensation that can be used both for reinvestment and meet the needs of family life ii) creation of employment opportunities during land clearing and civil works as well as in the period of post-construction depending on individuals’ capabilities. The local workers will be prioritized for the civil works. iii) local entrepreneurs have the opportunity to supply building materials and other services during the construction and post-construction.
32. The following table summarized impacts of the TL towers.
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Table 5. Summary of Transmission Line Towers Impacts
Items Unit Quantity
Total land area to be acquired for tower bases m2 163,650
Percentage of acquired land compared to total land owned by APs
% 2
Total Number of AH AH 589
Number of AH to be affected by Tower bases only AH 196
Number of AH to be affected both by Tower bases and ROW
AH 589
Number of AH to be affected by ROW only AH 393
Total Number of AH who will lose their trees and crops in the ROW.
AH 376
Total Number of AHs headed by women AH 20
Number of AH losing > 10% of total landownership AH 14
Number of AH to be relocated AH none
Total ROW area (crossed by the T/L) m2 2,037,500
Number of building/structure standing under the T/L unit none
Other losses/effects on communally owned assets No. To be validated
E. Socio Economic Information and Profile
E.1. Survey and method
33. Initial socio-economic survey and inventory of losses of the land and non land assets were conducted by PLN through a third party consultant from the period of December 2009 to March 2010. The inventory of losses covered loss of land and crops/trees, while socio-economic survey includes name of APs, gender, age (not yet complete), ethnicity, number of family members, status of household head, main and secondary occupation, APs income, land to be acquired, total land owned, affected crops categorized into four kinds; productive / big, medium, small, and seeds. Information on education level and age of the APs both for the substation and transmission line will be completed at the time of updating REMDP. Any identified social-economic APs condition and their losses written in resettlement planning will be validated during the updating following final detailed design.
34. From mid of February to June 2009 SOFRECO Consultant carried out an initial social assessment of the communities living in the project area. The aim of the assessment was to know economic and social profile of the APs. Six focus group discussions were conducted and attended by 60 local people. In addition, consultations were also conducted with several groups of key project stakeholders as well as with 84 local community members from Village of Magmagan, Sahan, Sanggo and Seluas.
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E.2 General Socio – Economic and Demographic of the Project Area
E 2.1 Overview Economic Growth and Development
35. Kalimantan, the Indonesian portion of the island of Borneo, covers a huge area of some 5.4million km2 with its population of less than 14 million in Year 2009. Kalimantan comprises four provinces; East, West, Central and South. It is one of Indonesia’s most sparsely populated regions after Papua. Kalimantan has several major commercial and industrial centers, such as Samarinda, Balikpapan and Banjarmasin, which are based on timber and the extractive industries. Large tracts of the region’s interior however remain remote and accessible only by river.
36. Kalimantan’s economic wealth is largely based on timber, mining and the oil and gas industry, with precious stones also important. The region’s economy has Indonesia’s second-smallest agricultural sector, contributing only 15.6 percent, with the largest contributions to regional GDP coming from the extractive industries (24.5 percent) and manufacturing (28.6 percent). With Indonesia’s two largest coal mines Industry, Kalimantan is the country second-highest per capita revenue at Rp 1,471,000 (US$156). I term of government spending, Kalimantan has also the second highest per capita spending on public health, education, housing, agriculture and mining.
37. With only 5.4 percent of Indonesia’s total population, Kalimantan contains only 3.6 percent of the country’s poor and has a poverty headcount of 11.0 percent, significantly lower than the national average of 16.7 percent. As reported not one kabupaten has a poverty incidence of over 30 percent, even in the remote interior of northern East Kalimantan. The agriculture sector has provided 52.4 percent of works of the region and mainly it is in the informal agriculture sector. Overall, more than 63 percent of the entire workforce is engaged in informal work. At 15.7 percent, Kalimantan is second only to the Java region in the proportion of the workforce employed in industry, with 31.8 percent involved in the service sector. Official unemployment is relatively low, at 5.2 percent.
38. West Kalimantan is also one of the key resource-rich provinces that contribute significantly to the national economy. The Province has an abundance of natural resources including agriculture, forestry, fisheries, water, mining as well as tourism. Nevertheless, the agriculture sector remains the regional economic backbone employing 88 percent of the population. Palm fruit, rubber, sugar cane, cacao, and fishery are the main products but corn, coconut, pepper and cattle are also regional commodities.
39. The province has an area of 146,807 km2, a population of about 4.1 million people and a poverty rate of 13.9 percent.
Table 1: GDP of West Kalimantan Province
(Current Market Price 2006-Billion IDR)
Economic Sector West Kalimantan %
Agriculture, livestock, forestry and Fisheries 10,230 27.1
Mining and quarrying 463 1.2
Manufacturing industry 6,989 18.5
Electricity, gas, and water supply 231 0.6
Construction 3,223 8.5
Trade, Hotel and Restaurant 8,558 22.7
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Transport and Communication 2,530 6.7
Financial, Real estate and Business Services 1,938 5.1
Services 3,551 9.4
Gross Domestic Product 37,713 100
As a Percent of Indonesia Economy 1.10% Source: Provincial Statistical Yearbooks, 2007
E 2.2 Main Livelihoods and Mode of Productions
Agriculture
40. The main source of livelihood of the people in the project area is predominantly agriculture. The mode of production in agriculture sector remains one dominated by shifting cultivation2 as practiced by Dayak / indigenous people of West Kalimantan and Sarawak. Land is cleared and later, as the rainy season begins, planted to rain-fed (dry) rice. Small amounts of seed of various types of vegetable are often sown at the same time. The addition of fruit trees establishes long term cultivation rights to the household clearing the land. Rubber is commonly planted in addition or as an alternative to fruit trees. Compared with irrigated rice (padi sawah) the production of rice to this dry land cultivation technique (padi ladang) low, around 25-30% of the former. It is, however, grown extensively. In 2007 in Bengkayang the area planted to dry padi was 12,016 hectares with a production of 27,750 tons in 2007. The associated vegetable crops vary from maize, cassava, sweet potatoes, peanuts, soybean and green peas.
41. The more intensive wet land rice cultivation and vegetables growing is practiced in mixed ethnic group areas such as Sanggau Ledo Sub-District. In 2007 thearea of wet land rice cultivation in Bengkayang was 15,630 hectares with production of 63,233 tons.
42. The main land use type in the affected sub-district as shown in the following table, the low canopy crop/vegetation such as rice field, annual dry-land crop, grass land etc occupy about 29.86% of the land use. The remainder is forest, perennial agriculture, plantation etc.
Table 11: Land use of the affected sub-districts - West Kalimantan
Land use Area in Sub district (ha) Total
Lumar Ledo Sangau ledo
Seluas Jagoi babang
(ha) %
Rice field Irrigated 1,176 1,428 5,000 8,656 3.45
Rice field Rainfed 753 997 138 9,686 12,108 4.49
Annual dry-Land crop 270 1,728 5,118 2,300 914 10,330 3.83
Grass Land 80 375 100 12 999 0.37
2 Currently this shifting cultivation / swidden agriculture (ladang berpindah) mode of production has
faced some barrier compare to the years before 1980. Governments have seen this mode of
production put pressures to state forest and created land degradation. In many cases the natives who
practice shifting cultivation in West Kalimantan have been blamed for the forest degradations. Yet,
there are pro and cons regarding this issue since 1990 (please see Michael Dove's publications on
this issue) until now.
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Abandoned land 14,112 12,521 14,083 2,375 43,091 15.97
Wet Land 49 328 418 1,956 2,751 1.02
Pond 124 395 25 35 314 1,963 0.73
Home garden 185 673 1,739 551 307 3,968 1.47
Perennial tree crop 325 1,145 8,292 3,756 4,398 19,041 7.05
Community owned forest 8,859 6,853 3,613 12,920 55 32,300 11.97
Stated owned forest 2,191 9,145 20,125 21,875 22,697 76,033 28.17
Plantation 13,754 3,689 8,500 17,000 53,357 19.77
Others 150 505 1,723 575 786 4,631 1.72
Total 27,521 48,175 61,350 50,650 65,500 269,900 100
Source: Bengkayang District Statistical office: Lumar, Ledo, Sangauledo, Seluas, Jagoibabang sub districts in Figures, 2008 43. Local based trading of vegetables and fruits at weekend markets is a main source of income for farmers living near the border as well as from the older transmigration area of Sanggau Ledo. Some farmers have organized themselves into trading cooperatives and sell their vegetables at Serikin open weekend market. The same weekend market sees Iban and Bekati people from Seluas Sub-District sell traditional handicrafts and wood work to Sarawak traders. This latter trade is facilitated through individual patron-client trade scheme involving traders and merchandise stores in Kuching.
Plantations
44. Local government has encouraged plantation development, particularly of rubber, cocoa, and palm oil. Smallholder development schemes have also been introduced and supported in West Kalimantan, primarily of rubber.
45. Rubber and palm oil are the main plantation crops in Bengkayang Regency. In the last ten years, palm oil plantation has reached and expanded the area introduced by Malaysian as well as Indonesian agribusiness companies. Currently many families are involved in the palm oil plantation schemes by providing land for the plantation. In some villages in Ledo, Seluas, Jagoi Sub-Districts, palm oil plantation is a prominent source of livelihoods in the project area. Many private plantation companies from the province, Jakarta and also from Malaysia are operating in the area. Those companies include PT Dabi Plantation, PT Mitra Daya Prima, PT Produk Sawit Andalan, and PT Wawasan Kesuma Nusantara.
46. On a smaller scale local NGOs in West Kalimantan, such as Pancur Kasih work in the area supporting indigenous people groups through developing credit units. Another local NGO (YPPMA: Yayasan Penguatan dan Pengembangan Masyarakat Adat) provides incentives and support for girl education.
Other incomes
47. Apart from those agriculture based livelihood, seasonal migration of labour from West Kalimantan to Sarawak is also very common. Migrants work as seasonal contract labour in plantations, factories and mills industry as well as household-based industries in Sarawak. Within a short seasonal period of four to five months, a worker is able to save up to 17 million rupiah or US$1,700US Dollars by working as seasonal migration labour.
E 2.3. Poverty
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48. The 275 kV Transborder Transmisison Line is considered as non targeted poverty reduction project. However, the assesent has provided information on the poverty of the country in general and more specifically on the project area. This poverty asseement aims to picture the distribution of the project benefits among different categories of beneficiarie, analyse of the factors that may hinder the participation of the poor in the project area.
49. In 2007 the population of Bengkayang District was 201,564, comprising 102,504 males and 99,060 females (51 : 49) that was distributed in 17 sub-districts. The most populated sub-district is Monterado Sub district, and the least populated one is Suti Semarang Sub district. The sub-district with the highest population density is Sungai Raya with 241 peoples per kilometer. Jagoi Babang has the lowest one with 11 people per kilometer.
50. Bengkayang economic growth in Year 2007 was 6%. Agriculture was the main sector that was involved by 76% resident’s population. This sector contributed 44.7% to the district GDP, while per capita expenditure is 287,300 IDRi/month.
51. Literacy levels in rural areas to be traversed by the transmission line are lower than urban areas. In populated areas, there are only two thirds of the adult population who completed primary school. Children who live in more urban areas have easier access to education and they mostly have higher education. As indicted in the table below, educational facilities available in the project area are Elementary schools (72%) and followed by Junior High Schools (12.7%), Kindergartens (10.16%), and Senior High Schools (5.08%). No vocational school as well as university exists in this area.
Table 6. Educational Facilities in Bengkayang District
Education Facilities Lumar Ledo Sangau
ledo Seluas
Jagoi babang
Total
Kindergarten 1 2 8 1 12
Elementary school 8 16 26 20 15 85
Junior High School 2 3 5 4 1 15
Senior High School 1 1 2 1 1 6
Vocational school 0
College/University 0
Source: Bengkayang District Statistical office: Lumar, Ledo, Sangauledo, Seluas, Jagoibabang subdistricts in Figures, 2008
52. Community health services including village health services, neighborhood health services (Posyandu) are available and accessible to residents in the project area. Table below indicates availability of health facilities in the project area.
Table 7. Health Facility Available in Bengkayang District, 2008
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No Sub-
district Hospital
Village Community Health Center
Neighborhood Health Point Services
Mobile Community Health Services
Village Health Clinics
1 Jagoi
Babang - 1 19 2 3
2 Seluas - 1 21 2 6
3 Sanggau
Ledo - 1 20 2 5
4 Ledo - 1 33 2 8
53. The 2008 Bengkayang District annual report indicated that 13,170 households had electricity connection from PLN and an additional 973 households enjoyed electricity supplied by another service provider. In the affected sub-districts (Sub – district of Lumar, Ledo, Sanggau Ledo, Seluas, Jagoi Babang), just 5,456 households which had electricity connection from PLN and 508 households had electricity connection from another service provider. According to PLN Bengkayang District office, there are currently more than 3,000 households are waiting for electricity connection from PLN. Details of electricity connections in Bengkayang District can be seen in the attachment.
54. In Bengkayang District, there were 1,729 households or 8,144 people who received direct cash compensation for the poor people from the government in year 2007 because of second economic crisis. These households are categorized as poor households and the number of these poor households and poor people may change by now. Following table describes poverty in the project area in year 2007.
Table 8. Poor Households which received Direct Cash Compensation in 2007
Village Poor Household Total Households Total Poor People
1. Mamagan 78 178 351
2. Tiga Berkat 89 412 456
3. Belimbing 107 306 510
4. Lamoda 84 202 486
5. Lesbela 120 629 492
6. Jesape 34 125 160
7. Bange 186 567 821
8. Lembang 122 751 500
9. Sango 120 410 552
10. Sahan 328 1050 1597
11. Mayak 70 513 283
12. Seluas 306 787 1525
13. Jagoi 85 371 411 Source: Statistics of the Sub-Disticts in Bengkayang Year of 2007
E.3. Ethnicity and Vulnerability
55. There are community groups living along the proposed transmission line project area that have been identified as indigenous people (IP) This identification is based on their uniqueness related to language, land tenure pattern (customary land), decision making pattern, existence of customary institutions, the strength of customary values and rules. However, these IPs do not live isolated from other communities. They live in small groups and
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are scattered through out the project area and have been living mingle with other communities. Table 9 below demonstrates project areas where the IP groups are living in.
Table 9. Distribution of Dayak Sub Clan in the Project Area
Sub Clan Village Sub-district
Jagoi Jagoi Jagoibabang
Tadietn Sahan, Sango, Mayak Between Seluas and Sanggauledo
Bakati Bange, lembang, Sango, Lesa bela, Jesape, Lamoda, Belimbing, Mamagan Karya, Sebalo
Sanggauledo, Ledo and Lumar
Melayu Seluas, Ledo Seluas, Ledo Source: Institut Dayakologi. April 2008
56. Although Dayak tribe consists of several sub-clans, they have similarities in the pattern of land ownership. Socio-cultural networks of Dayak tribe peoples are centered around local clans, and clan heads (Temengungs) are the spokesmen for all clans interest, including those regarding land. Clan members (families) who want to cultivate the land or take the natural resources from the clan’s land must obtain permission from their respective Temenggung Members of a clan are allowed to cultivate or take natural reources from other clans lands and conversely, yet they do not have the right to control the land. Field assessment conducted by social and environmental consultant team indicated that the project will potentially affect three major clans (Bidayu, Bekati and Iban Clans).
57. Sub-districts of Lumar, Ledo, Seluas and Jagoi Babang are the area with high population of indigenous people from Dayak Bekati with its sub-clans namely Kanayatan, Bekati, Tadiefen, Jago, Beahe, and Banyadu. While, Bengkayang and Sanggau Ledo Sub Districts have a mixed ethnic population consisting of Melayu, Chinese, Dayak and transmigrants from the island of Javanese and Madura.
58. Ethnic conflict between Dayak ethnic and migrants from Madura that occurred a decade ago (1999 – 2000) had an impact on changes of the land use control, agricultural system, and the pattern of habitation. Running away from the conflict, many migrants (transmigrants sponsored by the government) especially the Madura who had long lived in Sanggau Ledo and Lumar sub-districts left their land and homes. The abandoned parcel of lands and houses then be occupied by the indigenous groups.
59. A number of NGOs based in West Kalimantan which are currently supporting indigenous communities (Dayak tribe) suggested that in several villages which have a strong adat institution and rule, an indigenous governance structure must work in integrated way with the formal administrative structure. The socio-economical system of the traditional governance is called ‘benoa’. Benoa normally has a responsibility to regulate access of the IPs to and use of community-owned forest land to plant seedlings of best crops taken from the protected communal land (tembawang). The IP communities also proposed that the project should involve sub-clans when conducting or identifying potential sites for towers and sub- station. This is to minimize the project negative impacts particularly to the are identified as the communal land and resources
60. Women in the IP communities may experience adverse project impacts. Traditionally women play important roles in agriculture sector including preparing land, planting, nurturing and harvesting
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the crops. In Dayak culture, women have inheritance rights over both residential and agricultural land. In agriculture-based economy, some women who currently enjoy land holdings will lose their land because of the project. However, they have right to receive the compensation for their lost land and assets. However, the poor women who rely on land will lose their source of income following reduction of the community-owned land bank.
61. A NGO with its credit union of Pancur Kasih has opened a number of branch offices in the project that prioritize women as agents to improve the family’s livelihoods. Pancur Kasih is willing to participate in the income rehabilitation assistance provided by the project, if the assistance is really intended to improve the livelihoods of Dayak tribe in the project area. Taking into account the significant roles of women in the livelihood and household income, it is proposed, that the project mitigation activities will prioritize to women groups and indigenous communities in general and these activities can be managed by PLN in cooperation with Pancur Kasih.
E.4. Socio-Economic Profile of Affected Household for Substation
62. Family Structure. There are 10 households with 52 members (24 male and 28 female) to be affected by sub-station project in Magmagan Village, Lumar Sub-districts. Of the 10 households, none women heading household.
63. Ethnicity. Of the 10 AHs, the 4 AHs are the Iban ethnics, the 3 households are Bekati ethnic, and the 3 remaining ethnics are Beahe, Javanese, and Melayu ethnics. (each family)
64. Occupation, Economy, and Income Levels. The main occupation of the AHs is farmer. Therefore, the most important source of economic income for the AHs is the sale of farming products. The average monthly income per-capita of the AHs is IDR 3.83 million, which is categorized as a high income. Two of the ten AHs (20%) have secondary sources of economic income from local market trading and construction work.
Table 10. Severely Affected AH by at Substation site
No
Name Of Affected People
(AP)
Ethnic Group
Gender
Landholding Affected
Land Land Status
Male
Female (m2) M % Legal Title
Customary
GI 1 Nanang Iban 1 10,000 2,188.49 21.88 1
GI 2 Marta Iban 1 10,219.25 10,219.25 100 1
GI 3 Andik Bekati 1 10,000 10,000 100 1
GI 4 Siyuk Bekati 1 20,000 15,844.16 79.22 1
GI 5 Anyam Iban 1 30,000 4,865.23 16.22 1
GI 6 Nyandang Beahe 1 15,000 11,055.06 73.7 1
E.5. Socio-Economic Profile of Affected Households for Towers Construction
65. Family Structure. There are 196 (AHs living in 13 villages scattering in Sub district of f Lumar, Ledo, Sanggau Ledo, Seluas, and Jagoi Babang. Those 196 AH sconsists of 769 persons (356 male and 413 female). The average AH family member size is 3.9 persons per household with variation from 1 to 6 members in a household. Of 196 AHs, the 12 AHs (10.2%) are the households headed by women
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66. Ethnicity. Majority of AHs are Dayak Ethnic (consists of Dayak Bekati, 27%; and Dayak Iban, 25%; Dayak Beahe, 3%; and Dayak Bidayu 2%), and followed by t Malayu Ethnic (38%), and other ethnics (Javanese, Tapanuli, Sundanese, and Chinese as much as 10%)
67. Occupation, Economy, and Income Levels. The most important income source of the AHs is from selling of farming result. The socio economic survey identified that the average monthly income of the AHs is IDR 2.19 million, which is categorized high income. Approximately 30% of the AHs have secondary source of income such as income from trading and working.
Table 11. Number of Severely Affected Households by 275 kV Transmission Line Towers
No Tower Name Ethnicity Gender Land Holding
(m2)
Land Affected
(m2)
Land
Remaining
(m2)
Land Affected
(%)
1 T2 Tina Bekati F 2500 2500 0 100.00
2 T9 Rangkak Bekati M 10000 1600 8400 16.00
3 T11-T14 Aheng Iban M 5000 625 4375 12.50
4 T19 Edy Iban M 1000 387.5 613 38.75
5 T15 Appolonis Bekati M 10000 1600 8400 16.00
6 T98 Supardi Javanese M 2500 625 1875 25.00
7 T99-
T100
Boimin Melayu M 30000 6775 23225 22.58
8 T104-
T105
Bastiana Tapanuli F 10000 1000 9000 10.00
9 T 111 Johanes Tapanuli M 5,000 625 4375 12.50
10 T147 Mustafa Melayu M 10,000 1,600 8400 16.00
11 T145 Karem Melayu M 7,500 1,600 5900 21.33
12 T138 Iwan Melayu M 5,000 1,600 3400 32.00
13 T159 Asi Iban F 5,000 625 4375 12.50
14 T 159 Ismet Melayu M 10,000 1,600 8400 16.00
E.6. Socio-Economic Profile of AHs to be Affected by ROW
68. AH Profile. 393 AHs s from 13 affected villages scattering in Sub district of Lumar, Ledo, Sanggau Ledo, Seluas, and Jagoi Babang will be impacted by ROW of the transmission lines. Of the 393 households to be affected, 70 households (18%) are headed by elderly men (over 60 years old) and 55 households (14%) are headed by women, therefore these 125 AHs are considered vulnerable which need to Provided a special attention.
69. Occupation, Economy and Income Levels. The main source of economic income of or AHs is from agricultural product (73%). Other income source comes from salary of civil servant (5%). The average monthly household income is IDR 2.47 million, which is categorized high income level. The income level of the AH, however ranges between IDR 30,000/month to IDR 18,500,000/month . 86 households (or 22%) have a secondary income source such as income obtained as workers and traders., Income rehabilitation assistance will be provided to thes AHs with low level income and considered as poor AHs as well as for the severely AHs
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E.7. Gender Issues
Vulnerabilty Assessment 70. Women as well as men will be directly affected by land and non land assets losses, yet women is viewed will be more impacted. For the substation project, there are 28 women as the AHs members who will be impacted due to land acquisition. Out of the six AHs losing more than ten percents of their productive assets, the two AHs are households headed by women. For the tower bases, out of 196 AHd, the 12 AHs are the households headed by women. Out of 14 severely AHs, there are three AHs are headed by women. While, for the transmission line, there are 413 women as part of the members of households presently managing land to be used by PLN for the ROW and these women will lose their opportunity and benefit from managing the land... Out of 393 AHs, 56 households are headed by women.
71. In the case of women-headed households, Dayak culture allows women to have inheritance rights to land. And this inheritance will go to their daughters. so the loss of land may have significant impact on the loss or reduction of women wealth on land . For example, in the case of land loss for the substation construction where the average loss of land experienced by each household stands at almost 40% of their total land owned, this potential impacts of such losses will be felt not only by housewife or women heading households, but also by their daughters who will lose their access to inherited land in the future.
72. Women in general are heavily involved in a range of farming activities such as activities for land clearance and land preparation for planting, planting itself, nurturing and harvesting crops. Many women also work as agricultural paid laborers. These women will also be affected by this project.
73. During the second period of consultation meetingss conducted in 2010, women, particularly severely affected women were provided opportunity to participate in the focus group discussions for women groups to discuss issues concerning the proposed project in order to encourage their independent expressions and to capture their meaningful suggestions in determining strategies of mitigation measurement for severely affected AHs. These women enquiried on the benefit that they may receive income restoration programs to be delivered by PLN that may cooperate with a local NGO of Pancur Kasih Credit Union. Consultation meetings will be continued during the REMDP implementation.
Specific Actions
74. The following measures proposed to assist APs affected by the subprojects will target women’s needs and issues in the following ways:
If APs opt for replacement land as compensation for affected assets, the names of the husband
and wife will be included on the LURC in cases where the AP head is married;
Women will be included in the resettlement process by the Government to facilitate the
resettlement planning and implementation process;
Separate consultations will be held with women from severely affected and poor APs along the
T/L corridor, to identify their needs and to involve them in the updating and implementation of
the REMDP; and
Women as well as men from severely affected and poor APs will be given priority for
employment related to civil works for the transmission lines.
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75. During the updating of the plan and once the effects on productive land are known, the measures to support and restore the livelihoods of all severely affected APs will be identified in consultation with them. Separate consultations will be held with female headed APs that are severely affected through impacts on their productive land to determine if any additional measures or specific assistance is required to address the needs of poor or vulnerable female headed APs.
E.8. Ethnicity and Vulnerability in General
76. Indigenous Dayak community with its sub clans is the biggest ethnic group living in the project area. Therefore, Dayak is the most affected ethnic group due to land acquisition for substation, towers construction, and ROW of transmission lines. . The customary (adat) value and norms of Dayak ethnic are still strongly respected and used as references in social life. Adat institutions are even also gradually established from village level till district level and the adat mechanism is oftentimes more chosen by the communities to resolve their problems including land. This ethnic has culturally protected areas for storage of good quality and productive seedlings called tembawang. It is prohibited for any parties to develop any physical construction on the area and not allowed as well for APs to sell these cultural assets.
77. Other impacted ethnics are Malayu ethnic which occupied the second largest percentage of impacted ethnics, and followed by other ethnics in smaller percentage including Chinese, Javanesenese, Bataknese/Tapanuli, and Sundanese. Generally, the affected Dayak sub ethnics have live inclusively with other ethnics. 217 AHs in total are considered vulnerable consisting of 125 AHs in the ROW, 90 AHs in the towers area, and 2 AHs in substation. They will be paid attention during the consultation process, compensation payment, and income rehabilitation assistance.
F. Consultation and Information Disclosure
78. PLN already started socialization (or consultation) with the affected persons since 2009. At the time of REMDP preparation, series of consultation meetings were carried, yet not all APs who have been consulted through public consultation meetings that has been commenced since mid of 2010. However, all these APs have been consulted on the project and land acquisition through initial survey undertaken in 2009. During public consultation meetings in several villages conducted in May 2010, in principle, AHs stated that they had no objections to the proposed project as long as PLN provides good/fair compensation for the lost land and other assets (e.g. crops/trees) in accordance with the current market price.
79. The APs and other village residents also raised their concerns on potential negative impacts caused by the projects including potential negative impacts of the electromagnetic field of the high voltage conductor along the transmission line to women fertility, their home appliances and the health of residents, children safety, etc. Some village residents requested PLN to build fences to the towers to be built in the vicinity of residential areas to protect the children safety. Other village residents requested PLN to develop the transmission line far away from their houses or even far away from residential area, so that they don’t have to be worried on their living safety including children’s safety. To minimize the negative impacts and the residents concerns, PLN will ensure compliance with safety standards and will socialize the project, the impacts and mitigation measures. To improve women participation, PLN will involve more women in consultation meetings and conduct a separate meeting for women prior to, and during, implementation. Public disclosure will be in the local language and use the appropriate methods to ensure the REMDP is understood by all APs.
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80. The APs requested PLN to be transparent in conducting land acquisition and delivering compensation. Moreover, APs requested PLN to conduct consultations at community level by inviting all AHs. The consultations cover consultation on inventory of losses and APs confirmation on it, negotiation of land and non-land compensation rate, payment mechanism, civil work, monitoring, etc. APs also requested PLN to pay the compensation for land and non-land assets fairly and sufficiently referring to the value of current transaction of land in the nearest area and to pay the cost that they have spent for maintaining productive assets, such as rubber trees to be acquired by the project.
81. Not all AHs have legal title over the land. Most of AHs have traditional title only in the form of SKT (statement letter on land ownership) issued by village office or ‘use rights’ acknowledged by customary authorities. For such titles, the APs requested PLN to pay the compensation fully as the certificated land. For traditional title, for the compensation, PLN will require the land owners to show the SKT or a village office statement letter on land ownership, while for customary land, PLN will need an agreement of the customary leader on the transaction.
82. Adat leaders in respective village need to be informed on the project activities including land acquisition. The local authorities including adat leaders and the APs need to be involved in land measurement and inventory of losses. And even to complaint handling, adat ceremonies may be required for the construction commencement. .Adat Leaders may provide a punishment to those who break the adat regulation (customary regulation).
83. Some AHs questioned on job opportunities for them in the project activities. PLN confirmed that the project will prioritize local workers, based on their competence, during construction and will retain a smaller number as paid employees to serve as monitors or guards for the transmission line after construction is completed.
84. Public consultations involving all APs and concerned stakeholders will be continued during REMDP updating and implementation. Vulnerable groups including women heading households, elderly, and IPs will be paid attention. Representative of women will also be considered in the consultations and make sure that these groups will be accessible to any information related to the resettlement activities. Initial consultations were held between Februarys to June 2009 as part of project social assessment. These meetings, both formal and informal, were continued during May-June 2010.
85. Socialization/consultation will continue throughout the duration of the Project. The information to be discussed with the affected households will be done in stages (see table below) Responsibility for ensuring implementation of information disclosure, consultation and participation will be held by the LAC established by District Government Head (Bupati) in cooperation with PLN.
Table 12: Socialization Issues
Socialization Issues Method Participation of Project information, Project objectives, impacts, schedule
Meeting LAC, PT PLN, local government (head of village and sub-district) and APs/DPs (men and women), customary leaders, people living around the project (men and women)
Consultation on DMS, and confirmation of APs, grievance mechanism
DMS, Meeting PT PLN, LAC, local government (head of village and sub-district), customary leasders, APs/DPs (men and women), households living nearby the project area
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(men and women). Consultation on negotiation, compensation payment mechanism
Meeting PT PLN, LAC, local government (head of village and subdistrict), customary leaders, APs/DPs (men and women),
Consultation on land clearance and relocation, and monitoring
Meeting PT PLN, LAC, local government (head of village and subdistrict), customary leaders, relevant offices of Kabupaten, APs (men and women),
86. PLN will prepare a project information leaflet which will then be distributed to the APs/DPs prior to consultation on resettlement entitlement. The basic information provided in the leaflet are: (i) brief sub project description; (ii) detailed project location; (iii) policy on land acquisition and resettlement; (iv) project resettlement entitlements; (v) compensation and income restoration; (vi) grievance redress; and, (vii) implementation schedule. Aside from the leaflet, the draft and final REMDP will be uploaded onto the ADB website.
G. Grievances Redress Mechanism.
87. Grievances related to any aspect of the subproject will be handled through negotiation aimed at achieving consensus. In order to ensure that the APs have avenues to raise their grievances related to any aspect of the land acquisition and resettlement and come up with acceptable resolution, hence complaints and grievance handling mechanism will be established for the Project, in accordance with the Presidential Decree No. 65 / 2006, Art. 17 and 18, Regulation No. 1 / 1994, Art. 18 and 22, and Decree of the Ministry of Agrarian / National Land Agency No. 3 / 2007, as follows:
The AP/APs may bring his/her grievance(s) during socialization, public consultation, negotiation, or any time before the land is acquired, directly to the PLN Project Office. Contact persons of PLN Project Office staff handling the complaints/grievances will be informed to AP/DPs. Before bringing to PLN Office, an aggrieved AP may bring his/her complaint to Village Head or Adat Leader at village level in where the project is located either in writing or verbally. The Village Head or Adat Leader at village level, then bring the complaint to PLN Project Office within 14 days.
If the issues cannot be resolved by PLN, the aggrieved APs may request the Village Head as a witness to bring the grievances either in writing or verbally to the Bupati. The Bupati will have 30 days following the lodging of the complaint by the aggrieved AP to act on the case. He/she may call, as needed, any member of the PLN or the LAC and AP who bring the complaint, to help him/her come up with an acceptable resolution of the complaint.
If the Bupati can not reolve and/or the AP is still not satisfied with the decision taken by the Bupati, he / she may bring the complaint, either in writing or verbally to the Office of the Provincial Governor and the Governor has 30 days as well following the complaint lodging to resolve the complaint to the satisfaction of all concerned parties.
If the aggrieved AP is not satisfied with the Bupati and/or Governor decision, she/he may lodge the complaint to a court of law for adjudication.
H. Legal and Policy Framework
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H.1. Relevant Government of Indonesia (GOI) Laws and Policies
88. The key legal instruments currently in force in Indonesia that are most relevant to involuntary resettlement are Presidential Regulation No. 65/2006 (Perpress 65/2006), regulates on ‘Land Acquisition for Development Activities in the Public Interest’ superseding the previous Presidential Regulation No. 36/2005 (Perpres 36/2005), and National Land Agency (BPN) Regulation No. 3/2007 on Land Acquisition Guidance for Presidential Regulation No. 65/2006 and No. 36/2005. Other laws and regulations are The Law of Republic Indonesia no. 15 / 1985 to guide the development of high and very high voltage transmission lines in Indonesia, the Ministry of Mining and Energy Regulation No. 01.P/47/MPE/92 and Ministry Decree No.975 K/47/MPE/1999.
89. Under the Presidential Regulation No. 65 / 2006, the proposed project is categorized as Development Activities for Public Interest. The Presidential Regulation provides for various forms of compensation including cash, replacement land, , and resettlement to pursue public development projects. The compensation payment covers the lost land, plants, and buildings. The regulation also emphasizes the importance of community consultation for reaching agreement with the affected people on compensation and specifies grievance procedures. The Decree of the Head of the National Land Agency No. 3/2007 provides further detail on how land acquisition and compensation would be carried out. The Bupati (Regent) or Walikota (Mayor) or the Governor would set up a Land Acquisition Committee (LAC) for the purpose especially for land acquisition more than 1 hectar. While for land that is less than one hectare, it can be conducted by the party in land need itself through a direct transaction with the owners. . Land appraisal carried out by an independent appraiser is required for land acquisition facilitated by the LAC. According to the BPN Decree No. 3127/15.1-300/VII/2009, the compensation rate can be determined although the agreement with land owners have yet reached 75%. While the BPN Decree No. 1/2010 regulates the time frame for certification of the remaining land after compensation payment. Aside these regulations, some Acts related to land acquisition will be references including Act No.41/2009 on Agricultural Land for Food Security, and Act no. 31/2009 on Electricity.
90. With regards to Indigenous People, Presidential Regulation no. 65 recognizes customary (Adat) / communal land rights and compensation for such land shall be given in the form of public facilities or other form that are beneficial to the Adat community. For proper implementation for example, the Ministry of Energy and Mineral Resource has provided a guideline for conducting community development in the energy and mineral resource projects to ensure local community and affected people can be get benefits from the project 3.
91. Ministry of Mining and Energy Decree No.975 K/47/MPE/1999 regulates procedures for land and crops compensation affected by electricity project development. This regulation also provides guidance for the compensation of land and non-land assets in the ROW of construction of a high and / or very high voltage transmission lines. Compensation for lost or damaged crops will be calculated according to the concerned local government rules and procedures.
H.2. ADB Policies and Procedures of Guidelines
92. The new ADB Safeguard Policy Statement (2009) consolidates three existing safeguard policies: involuntary resettlement (IR), indigenous peoples (IP), and environment. The objectives of the IR policy are to (i) avoid involuntary resettlement, (ii) explore alternatives to avoid, (iii) restore
3 Pedoman Pengembangan Masyarakat Di Sektor Energi dan Sumber Daya Mineral. Departemen Sumberdaya Energi dan
mIneral Republik Indonesia, Forum Komunikasi Pengembangan Masyarakat di Industri Energi dan Sumber Daya Mineral, Indonesia Center fie Sustainable Development (Ed). September 2004.
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livelihoods and (iv) improve living standards of poor and vulnerable households. The IR safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and 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 restriction on land use or on access to legally designated park and protected forest area. It covers them whether such losses and involuntary restriction are full or partial, permanent or temporary.
93. ADB’s Safeguard Policy Statement defines “indigenous peoples” as “those with a social or cultural identity distinct from the dominant or mainstream society”. "Indigenous peoples" is a generic concept that includes cultural minorities, ethnic minorities, indigenous cultural communities, tribal people, natives, and aboriginals. The Policy recognizes the potential vulnerability of ethnic minorities in the development process; that ethnic minorities must be afforded opportunities to participate in and benefit from development equally with other segments of society; and, have a role and be able to participate in the design of development interventions that affect them. The IP policy objectives are to (i) design and implement projects that fosters full respect for IP's identity, dignity, human rights, livelihoods systems, and cultural uniqueness as defined by IP themselves and (ii) ensure that IPs receive culturally appropriate social and economic benefits, do not suffer adverse impacts as a result of projects, and can participate actively in projects that affect them.”. In any ADB interventions, the approaches to be used are as follows: (i) to achieve the greatest possible reduction of poverty among the affected indigenous peoples; (ii) when negative impacts are unavoidable, they should be minimized as much as possible, and appropriate measures will be taken to mitigate the adverse impacts; (iii) in enhancing the benefits of a development intervention for indigenous peoples or reducing negative impacts of a development intervention, clear mechanisms for accurate and objective analysis of their circumstances will be prepared; and (iv) the mechanisms for any intervention must be transparent and should ensure accountability.
94. ADB’s Policy on Gender and Development (1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process. For projects that have the potential to have substantial gender impacts, a gender plan is prepared to identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of the project. The new safeguard policy and requirements also reiterates the importance of including gender issues in the preparation of safeguards documents at all stages to ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and restoration/improvement of their living standards; and to ensure that women will receive project benefits. Other policies of the ADB that have bearing on resettlement planning and implementation are the (i) Public Communications Policy (March 2005), and (ii) Accountability Mechanism (2003).
H.3. Some Key Differences/Gaps between GoI and ADB Policies
95. Although at the policy level and legal framework of Indonesian Government and ADB are likely more harmonize, yet in the implementation there are some challenging gaps indicated as follows. Under ADB Policy, AP with title holder entitled compensation at replacement cost including non-physical losses. For instance for severely affected and / or vulnerable groups, and minority status APs entitled to have an income restoration / rehabilitation support or a special allowance in addition to compensation at replacement cost. As commonly practiced under Indonesian regulation a compensation payment agreed by AP for land loss is considered already covered all those non-physical losses due to their severity, vulnerability, and minority status.
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96. In other ADB financed project to PLN to cover these gaps, a compensation policy framework and policy guidelines (CPFPG) tailored for a specific project was formulated. It could provide PLN with greater flexibility to allocate its corporate social responsibility fund (CSR) for fill in the gaps towards ADB Policy full compliances.
97. The following legal and operational restrictions quite aptly provide a picture of how wide the gap is between existing Indonesian laws and regulations and ADB’s Safeguard Policy:
a. Provision on calculation basis for compensation of land dos not clearly refer to the principle of replacement cost. Presidential Regulation states that the land price refers to the NJOP price or real price by considering the current NJOP price. With the said provision, many local governments pay the compensation for land in accordance to the NJOP price or in between NJOP and market price. No provision that the transaction cost should be paid by the party in land need.
b. Government auditing policies compel Executing Agencies not to compensate at replacement rates for affected fixed assets, such as buildings. The value of the affected asset, even if lost involuntarily, is depreciated and the value of salvageable materials deducted from the amount of compensation.
c. Current legal framework does not include a definition of non-physical losses or how to apply a value to them, no requirement to identify or address vulnerable groups, and severely affected persons, no opportunity for affected persons to participate in monitoring and no requirement to develop Resettlement and Ethic Mnority Development Plans.
98. It is because of the limitations of and gaps in law that could comprehensively address the complex social issues attendant to ROW acquisition that the Project policies in this REMDP have been adopted. Importantly, full replacement cost will be applied to the project (see below)
I. Entitlement, Assistance, and Benefits
I.1. Proposed Project Principles and Entitlements
99. The core principle of the Project Policy is anchored on the philosophy that development projects must serve the public good and that, in the design and implementation of such projects, all efforts will be exerted to help ensure that APs are not worse off. Moreover, the Project should provide an opportunity for the local population to derive benefits from it. Likewise, the Project should serve as an occasion for the local population to participate in its planning and implementation, thereby engendering a sense of ownership over the Project, subprojects and other components. Towards this end, the Implementing Agency will endeavor to carry out the Project and any of its subprojects and components based on the following principles:
100. Principles adopted for this Project are the following below:
a. Involuntary resettlement and impacts on land, structures and other fixed assets will be
minimized where possible by exploring all alternative options.
b. Affected people (APs) residing, working, doing business and cultivating land within the required project area as of the completion date of the census and inventory of losses (based on preliminary design) but verified during detailed measurement survey (based on detailed design) will be entitled to compensation and rehabilitation assistance to assist them in
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improving, or at least maintaining their pre-project living standards and productive capacities. The Project will ensure that DPs are able to find alternative sites or income sources.
c. Lack of formal legal title or rights will not be a bar to eligibility for compensation and
assistance under the Project. APs will not be displaced from affected land until the village allocates suitable alternative land or compensation is paid that is sufficient to purchase suitable land within the same or neighboring village.
d. All compensation will be based on the principle of replacement cost at the time of compensation. For houses and other structures, this will involve the costs for materials and labor at the time of acquisition, with no deduction for depreciation or for salvageable materials. Compensation for land will be replacement land as a priority, or where this is not possible, in cash adequate to purchase land locally of equivalent size and quality, and where required to improve land to achieve suitable quality.
e. The process and timing of land and other asset acquisition will be determined in
consultation with DPs to minimize disturbance. f. Where houses and structures are partially affected to the degree that the remaining portion
is not viable for its intended use, the Project will acquire the entire asset, and APs will be entitled to compensation at replacement cost for the entire asset.
g. APs will be systematically informed and consulted about the Project, the rights and options
available to them and proposed mitigating measures. The comments and suggestions of APs and communities will be taken into account.
h. The key information in the REMDP such as measurement of losses, detailed asset valuation,
compensation and resettlement options, detailed entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to APs/DPs in an understandable format such as the distribution of public information booklets translated in local language or through community meetings prior to submission to ADB.
i. No land acquisition or site clearing will be done for the transmission line right of way
(TL/ROW) until and after the REMDP has been updated by PLN and approved by ADB, and until and after all entitlements due to the DPs as provided for under the approved REMDP have been given.
j. Resettlement identification, planning and management will ensure that gender concerns are
incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights, and to ensure the restoration of their income and living standards.
k. Existing cultural and religious practices will be respected and, to the maximum extent
practical, preserved. l. Special measures will be incorporated in the Resettlement and Ethic Mnority Development
Plan to protect socially and economically vulnerable groups such as indigenous peoples, women-headed households, children, households headed by the disabled, the elderly, landless and people living below the generally accepted poverty line. Vulnerable APs will be provided with appropriate assistance to help them improve their standard of living through
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asset building strategies such as provision of land, replacement housing of minimum standards and increased security of tenure.
m. There will be effective mechanisms for hearing and resolving grievances during updating and
implementation of the REMDP. If necessary, Resettlement committees will conduct as separate consultation to representatives of APs especially women and vulnerable groups.
n. Institutional arrangements will be in place to timely and effectively design, plan, consult and
implement the land acquisition, compensation, resettlement, and rehabilitation programs. o. Adequate budgetary support will be fully committed and made available to cover the costs
of land acquisition and resettlement within the agreed implementation period. p. Culturally appropriate and gender sensitive, monitoring and evaluation will be carried out in
various stages of the project and set in place as part of the resettlement management system. Monitoring and evaluation of land acquisition and resettlement including income rehabilitation program and impact of the project to the APs social and economic life will be conducted by an independent party.
q. Voluntary donation will not be applied for any land and non-land assets.
r. PLN will not issue notice to proceed for any civil works contract (or will not allow any
construction activities) until there is confirmation that (i) payment has been fully disbursed to DPs and rehabilitation measures are in place as per project entitlements in the agreed REMDP; (ii) already-compensated DPs have cleared the Corridor of impact (COI) in a timely manner; and (iii) that the specific section is free from any encumbrances
I.2. Project Entitlements, Assistance and Benefits
101. Eligibility. The cut-off-date of eligibility refers to the date prior to which the occupation or use of the project area (i.e., area within the COI) makes residents/users of the same eligible to be categorized as AP and be eligible, regardless of tenure status. In this Project, the cut-off date will be the final day of the verification census of APs to be carried out by the District Land Acquisition Committee. The date has to be disclosed to each affected village by the relevant local governments and/or PLN in close coordination with relevant local governments and the villages have to disclose it to the communities. The establishment of the eligibility cut-off date is intended to prevent the influx of ineligible non-residents who might take advantage of Project entitlements. All APs who are identified in the project-impacted areas on the cut-off date will be entitled to compensation for their affected assets, and rehabilitation measures.
102. Entitlements. Entitlement matrix outlined in the table below shows type of losses, eligible persons, entitlements, and implementation issues. The resettlement entitlement as outlined in the table below are based on potential resettlement impacts assessed during the initial survey conducted in March 2010 and it will be updated, as necessary, based on final DMS result referring to the final detailed design and in close consultation with APs and other concerned stakeholders to ensure that losses are compensated and restored, if not improved. Any updating/enhancement on the entitlement matrix shall be reflected in the updated REMDP and submitted to ADB for review and approval. No construction is to be commenced prior to implementation of the ADB approved updated REMDP.
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Table 13: Resettlement Entitlement
Type of Losses Eligible Persons Entitlements Implementation Issues
Permanent Acquisition for the Tower Foundation and Substation
A. Agricultural Land Legal owners or traditional/adat tittle holders.
For marginal loss of land, cash compensation at replacement cost based on current market value and without deduction for taxes and administrative cost. For a significant loss (more than 10% of the total productive land/assets owned), land replacement with at least similar attributes will be prioritized for the compensation. Technical and financial assistance will be provided for land ownership document updating for those whose a portion of land to be acquired by the project. Land replacement as required by the Act. No. 41/2009.
In case of land replacement compensation, the project will provide assistance to the AHs to purchase and register land For traditional title land /customary (adat) land, the project will require a statement letter from adat leader or local authorities as an evidence of ownership.
B. Permanent Acquisition of Residential Land for the T/L Towers
Legal owner or occupant identified during DMS.
Marginal loss of land will be provided in the form of Cash compensation at replacement cost which is equivalent to the current land market value with similar type and category, and free from administrative costs and deduction for taxes. For significant losses, APs will be prioritized to obtain compensation in the form of land replacement with similar attribute or even better. Technical and financial assistance will be provided for the land ownership document updating for those whose a portion of land to be acquired by the project.
There are no APs will significantly lose their residential land. However, if it is identified during the final DMS, compensation will be paid at replacement cost. Based on the public consultation, most of the affected households prefer receiving compensation rather than replacement land.) For traditional title land /customary (adat) land, the project will require a
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statement letter from adat leader or local authorities as an evidence of ownership.
II. Restricted Use on Land Traversed by Transmission Lines
A. Private residential and non residential land..
Land owners with legal title or traditional title (customary land)
Easement Fee in the amount of 10% current land value for tower bases without any deduction of administrative cost and taxes..
Easement fee will be provided to the APs transparently and will consider local mechanism.
III. Crops and Trees
Crops and trees Owners of Crops and Trees, regardless of tenure status, including sharecroppers/adat land users .
Cash compensation at replacement cost which is equivalent to age, type, and productive value. Productive crops/trees will cover 1 year of production value. The APs will be provided opportunity to harvest prior to the construction commencement.
APs will retain possession of salvageable crops and trees Final inventory of crops/trees in the ROW will be conducted prior to cable stringing.
IV. Public Facilities,
Community Facilities, Public infrastructures
Community, local government,, organizations
To be restored and relocated in a better condition than pre-project condition and culturally appropriate.
Restoration and relocation etc is to be confirmed by the External Monitor.
V. Temporary Loss of Land & Impacts on Non-Land Assets during Construction
Temporary loss of land
To be determined during final DMS and during construction.
APs whose land is taken temporarily due to civil work under the project will be compensated at replacement cost based on the losses including income losses from land and non-land assets. Restoration of land will be done immediately after use
APs will sign a temporary occupation contract specifying: (i) period of occupancy; (ii) formula for compensation calculation of the losses; (iii) compensation payment, and (iv) Land Protection and
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rehabilitation measures.
Impacts on Non- Land Assets (crops, trees, houses, structures)
Owner to be identified during constructionregardless of tenure status, including sharecroppers / adat land users
Compensation at replacement cost based on the losses/damages.
VI. Special Attention to Severely Affected and Vulnerable Groups, including Women, IPs, and Poor People
Higher risk of hardship due to project impacts.
APs that lose more than 10% of their total productive land/assets. APs who are considered poor people. APs who are categorized vulnerable groups including elderly, IP, ethnic minority, women heading households but they are not considered poor and severely affected
Income restoration and rehabilitation program will be provided for severely AHs and poor AHs by the project in close consultation with APs. Special attention will be provided during consultations, compensation payment, etc.
The income restoration and rehabilitation will be delivered by PLN regional office through Community Development Program. Need assessment will be conducted prior to CDP commencement.
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103. PLN’s Pratices in Providing Compensation. In some projects including West Kalimantan Coal Fire project 4, PLN Bengkayan office has applied a calculation method to determine compensation rate for land by referring to the average price between land price based on NJOP (selling price of taxable object) with land market price. With this calculation, the compensation rate for land will be lower than the real market rate which is not incompliance with the principle of replacement cosst as required by ADB Referring The Ministry of Finance Decree no Kep-006/WP 3.13/BO.05/2008. the land price based on the NJOP is as follows:
a. Zona Perkampungan/Pekarangan (Residential/Yard Zone) of 0-2,000m2; with the price of Rp 7,150.- per sq.m
b. Zona Perkampungan/Pekarangan (Residential/Yard Zone) of 2,000m2-10,000m2; with the price of Rp 2,450.- per sq.m
c. Zona Kebun (Garden Zone) of > 10,000m2; with the price of Rp 910.- per sq.m Based on the price of the three zonas, the average NJOP for Residential/Yard Zone is 4,800 per sq.m (Rp 7,150.- + Rp 2,450.-)/2 and the land price for Garden Zone is Rp 910.- per sq.m.
104. It was agreed by PLN and the ADB that the compensation for lost land will be at replacement cost. Therefore the PLN Bengkayang office’s practices in calculating the compensation rate for land as mentioned above will not apply. PLN will refer to the pricing standard on the land market rate issued by the chief of sub – district or village district as well as the APs information as references in doing negotiation on compensation rate with the DPs. According to the statement letter of Head of Sungai Raya Kepulauan Sub-district, No 640/141/Pern dated 24 June 2008, the land price is as follows.
a. Residential/Yard: Rp 30,000.- - Rp 40,000.-/per sq.m or in average Rp 35,000.- b. Garden: Rp 10,000.- - Rp 20,000.-/per sq.m or in average Rp 15,000.- Certified Land c. Residential/ Yard: Rp 35,000.- - Rp 45,000.-/ per sq.m or in average Rp 40,000.- d. Garden: Rp 15,000.- - Rp 25,000.-per sq.m m2 or in average Rp 20,000.-
105. For substation, the land will be categorized as residential / yard zone while for tower base foundation, the land will be categorized as garden. There will be no differentiation on the land price between land with certificate and land with traditional title or non legal title.
106. The price for tree / crops to be acquired, normally be based on the pricing standard on plants issued by District Agriculture Office.
4 . Please see the Minutes Meeting on the Price Estimation for Land, Building, and Vegetation on the Power Construction
Site of West Kalimantan’s PLTU 2 (Berita Acara Penilaian Taksiran Harga Tanah, Bangunan, dan Tanam Tumbuh pada Rencana Lokasi Pembangunan PLTU 2 Kalimantan Barat),
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Table 14. Estimated Budget for Land Acquisition and Compensation
ITEM AMOUNT (IDR)
1. Land Acquisition for substation (58,122m2 X Rp. 48,400,- )5
2.813.104.800
2. Land Acquisition for 201 tower (163,650m2 X Rp. 24,200,-) 3.960.330.000
3. Estimated Compensation for Trees in the Towers
6 2.387.559.900
4. Easement Fee (10%x Rp. 24,200,- X 2,037,500m2) 4.930.750.000
5. Compensation for Trees under the ROW
7 800.000.000
Sub-total for Land Acquisition and Compensation to APs (1 – 5) 23.953.244.700
6. Land Acquisition Team (4%) 958.129.788
7. Land Tax and Cerfitication (5%)
1.197.662.235
8. Contingencies (10%) 2.395.324.470
Sub-Total for Administration Costs (6- 8) 4.551.116.493
Sub-Total for Compensation and Administration Costs (1- 8) 28.504.361.193
7. Monitoring & Evaluation
2.000.000.000
Estimated Grand Total (rounded) 21.544.361.193
Estimated Grand Total in US $ equivalent US$ 2.393.8188
J. Institutional Arrangements
107. PT. PLN (Persero) Pusat based in Jakarta under the Ministry of Energy and Mineral Resources will be the Executing Agency of the project, PLN (Persero) Pusat will be responsible for overall coordination and administration of the project, including those related to resettlement. PLN (Persero) PIKITRING (Principal Project Generation and Transmission) of Kalimantan, based in East Kalimantan – Balikpapan will be responsible for coordination project preparation and implementation. PLN (Persero) Pokitring West Kalimantan will be responsible in implementing the project. PLN (Persero) Pokitring West Kalimantan will work together with the Bengkayan District LAC for land acquisition both for substation and transmission line. Environmental management and monitoring during construction will be conducted by the General Planning and Environmental Sub Division of the Principal Project.
5 The indicated price based on an estimation of a three years increased of the average price of the land counted 7% per year
as the LARP assuming will be implemented on the year 2011. 6 Data for crops released is attained from the PLN Prokitring West Kalimantan reffereing to the crops compensation made in
Year 2008. Detail of the trees / crops listed to be compensated is enclosed. The estimated budget of the crops above has included an estimation of a three year increased of the total crops price of the 2008. 7 The budget for crops / tree affected calculated now is based on a normal computation between land compensation and
crops compensation (5 :1) of the land of tower price in the other PLN Transmission line project. PLN Pikitring Kalimantan and Prokitring West Kalimantan have confirmed invenetory of the tree under the ROW will be conducted prior the transmission line cable string to get the most valid and reliable data. . 8 Rate calculated based on 1 US $ = 9.000 IDR
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108. Bengkayang District Land Acquisition Committee. This Institution will be established by Head of Bengkayang District to facilitate land acquisition process. Once LAC is established, this institution in cooperation with PLN project office will be validating and updating inventory of losses and identification on APs ng the final detailed design. This inventory will be used to update the REMDP.
109. Non-governmental organizations (NGOs or universities). A selected Local NGO / University with good reputation will be mobilized for conducting external monitoring and evaluation of REMDP implementation and submit the report to PLN and ADB for review and follow up. Roles of thes institutions for Resettlement are outlined in the Table below.
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Table 15. Institutional Framework for Resettlement Issues
INSTITUTION/ ORGANIZATION RESPONSIBILITIES Social Safeguards Unit within System Planning of PLN HQ Office as the Project Management Unit (PMU)
Coordinating activities related to REMDP preparation and implementation
Review the REMDP including project resettlement policies and entitlement matrix prior to submission to ADB for review and approval.
Monitoring REMDP preparation and implementation.
Review internal and external monitoring reports prior to submission to ADB
Report progress report of REMDP implementation to ADB including remedial actions if required.
Local Project Office of West Kalimantan (local PMU)
Support the LAC to conduct the detailed measurement survey following final detailed design.
Obtaining of authorization for land use and house/structure demolition
Responsible for implementation of all REMDP activitiest
In close coordination with PLN Regional Office, responsible for designing and implementing income rehabilitation assistances to APs/DPs.
Support the LAC to conduct public consultations and public disclosure.
Support the LAC in conducting t negotiation for compensation with DPs
Disburse compensation payments to the DPs in acknowledgment of the LAC
Conduct internal monitoring and integrate the report to quarterly project report to be submitted to ADB for review
Mobilize Independent Monitoring Agency and follow up the recommendation.
Bengkayang District Land Acquisition Commitee
Conduct inventory of losses referring to the initial survey result done by PLN’s consultant
Mobilizing an independent appraiser to appraising the lost land, if no any the independent land appraiser in Bengkayan District, the LAG need to establish a team to appraise the land to be acquired.
Conduct socialization on the project and its potential impact as well as conduct consultation meetings for compensation and income rehabilitation assistances.
Determine compensation rate and payment based on close consultations to APs
Manage and disburse the funds with regard to compensation, assistance, and administrative cost
Assist in the expedious resolution of complaints of APs.
Properly receive and document concerns or complaints, verbal or written, from the APs and ensure that these are brought to the attention of the Bupati or Walikota for appropriate action;
Maintain a record of all public meetings, complaints and actions taken to address concerns and grievances
NGOs/universities/ Independent Assessors
Conduct independent and external monitoring & evaluation on land acquisition including compensation payment and evaluation of impacts of acquisition of land to the DPs.
Assist APs in filing theor concerns related to involuntary resettlement, if requested.
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110. REMDP Updating. As the preparation of this REMDP is based on the preliminary data, there is a need to update the REMDP following the final detailed design and submit it to ADB for review and approval. The update REMDP will cover identification and number of displaced Persons, inventory of losses, the extent of land to be acquired if applicable, resettlement budget, and the time table for implementing the REMDP. The entitlement matrix of the REMDP may be updated to reflect the relevant changes, yet the standards set in the updated REMDP can not be lower than the one set in the draft REMDP.
111. PLN (Persero) Pokitring West Kalimantan will request the Bengkyang District LAC to update information on APs and inventory of losses for substation and transmission line. In case the land for transmission line will be acquired by PLN itself, PLN will update the data including inventory of losses.
K. Monitoring And Evaluation
112. The PMU will serve as the Project’s internal monitoring body. 6 monthly reports will be submitted to PLN Pusat as the EA starting from the commencement of REMDP preparation/updating, which coincides with the conduct of the detailed measurement survey and other REMDP activities. The EA in turn will include updates on resettlement in its regular progress reports to ADB. Social monitoring reports will be made available to the AHs/DPs and will be submitted to ADB for web posting.
113. Internal monitoring and supervision will have the following objectives:
a. Updating ofREMDP is in accordance with the approved REMDP; b. Compensation and/or other entitlements are provided as per approved REMDP, with no
discrimination according to gender, vulnerability, or any other factor; c. Livelihood restoration measures/programs are designed and implemented including
modifications in the programs and provision of additional cash and in-kind assistance to the participating AHs/DPs as and when necessary;
d. Public information, public consultation and grievance redress procedures are followed as described in the approved REMDP;
e. Capacity of APs to restore/re-establish livelihoods and living standards. Special attention will be given to severely affected and vulnerable households. Focus will also be given if the objective of improving socio-economic condition of vulnerable households is achieved.
f. The transition between resettlement and commencement of civil works is smooth and that sites are not handed over for civil works until affected households have been satisfactorily compensated, and assisted
EXTERNAL MONITORING AND EVALUATION
114. An internal monitoring and evaluation group will be formed and mobilized three month after the compensation payment. The group can be from a good reputable research or consulting agency, university, or development NGO. The main objective of external monitoring is to provide an independent periodic review and assessment of (i) achievement of resettlement objectives; (ii) changes in income, living standards and livelihoods; (iii) restoration and/or improvement of the economic and social base of the affected people; (iv) effectiveness and sustainability of entitlements; and (v) the need for further mitigation measures.
115. The main activities of the external monitor will revolve around the following: (i) review existing baseline data and gather additional socio-economic information, as necessary, on sample affected households; (ii) monitor implementation of the REMDP; (iii) identify any discrepancy between policy requirements and actual implementation of resettlement; (iv) monitor the resolution of complaints
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and grievances of affected households; (v) provide recommendations for improving resettlement preparation and implementation; and (vi) review compliance with regard to use funds for land acquisition and resettlement.
116. The external monitoring activities will be conducted twice. First monitoring will be carried out three months after compensation payment of the land for sub station and 30% of towers. Second monitoring will be conducted once 30% of ROW compensation hasben provided. Reports will be submitted to the EA and ADB in English version for review. The cost of the activities will be included in the project cost
L. Implementation Schedule
117. Resettlement and Ethic Mnority Development Plan milestone is tentatively described in the table below.
Table 16. Resettlement and Ethic Mnority Development Plan Milestone
No Task Responsibility Timing
1 Loan Processing
a. Fact finding ADB January 2011
b. Appraisal ADB March 2011
c. Loan Approval ADB April 2011
d. Loan effectiveness ADB/GOI July 2011
Preparation
2 LAC Engagement PLN August 2011
3 Route and Design Finalization PLN August 2011
4 Gathering DMS / New socio economic data PLN + LAC Aug-Sept 2011
5 Preparation of project information booklet for
each area
PLN + LAC October 2011
6 Finalization of REMDP / Resettlement and Ethic
Mnority Development Plan
PLN + LAC October 2011
7 ADB Approval and uploading to ADB website ADB November 2011
8 Resettlement disclosure in component area PLN + LAC December 2011
REMDP Implementation as per Agreed REMDP
9 Compensation payment commencement PLN + LAC December 2011
10 Commence assistance and income restoration
program for poor/vulnerable & severely AHs
PLN December 2011
Monitoring
11 Internal Monitoring (6 monthly) PLN Included in project progress reports
12
External Monitoring
1. Monitoring Report Number 1
2. Monitoring Report Number 2
PLN + IMA
Upon compensation payment for
substation and 30% of towers
Upon completion of payment for
30% of ROW
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