Strengthening Safeguards Capacity in the Pacific Independent Evaluation Department
Asian Development BankIndependent Evaluation Department
Asian Development Bank
Strengthening Safeguard Capacity in the Pacific Independent Evaluation Department
Asian Development Bankhttps://www.adb.org/documents/strengthening-safeguard-capacity-pacific
About IEDIED’s mandate is to undertake evaluation activities to understand whether resources have been well spent, and whether the planned outcomes have been achieved.
IED reports to ADB’s Board of Directors.
Evaluation documents• Corporate Evaluations
• Thematic Evaluations
• Country Assistance Performance Evaluations
• Project/TA Performance Evaluations
• Validations of ADB self-evaluations
https://www.adb.org/site/evaluation/main
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The Pacific ChallengesThe region faces unique, inter-related and complex development problems, which make safeguards implementation particularly challenging
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Logistics and connectivity
Climate change risks are intensifying
Conflict and security
More pressure for population mobility
Land tenure
Attracting and retaining skills
Safeguard policiesManaging uncertainty and risk resulting from development projects
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ADB Safeguard Policy (2009)
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Objectives:• identify and assess impacts early in the project cycle; • avoid, minimize, mitigate; • inform and meaningfully consult
Types: • Environment (ENV), • Involuntary Resettlement (IR), • Indigenous Population (IP)
Categories: • A (adverse, irreversible, diverse, or unprecedented); • B (less adverse); • C (minimal or no impact); • Financial Intermediaries
Other mandate:• To develop and promote Country Safeguard Systems (CSS)
ADB in the Pacific14 countries with combined financing of $530 million (2018 – 1.5% of ADB total portfolio); mostly transport; no safeguard category A projects
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Regional, 1%
Marshall Islands, 1%
Samoa, 4%
Solomon Islands, 2%
Timor-Leste, 10%
Tonga, 3%
Tuvalu, 1%
Vanuatu, 5%
Cook Islands,
2%Fiji, 7%
FSM, 1%
Kiribati, 2%Nauru, 3%
Palau, 1%
Papua New Guinea, 56%
By Country, 2018
Water, 6%
Education, 2%
Energy, 13%Finance
, 1%
Health, 10%
Industry and Trade, 1%
ICT, 4%
Multisector, 1%
Public Sector Management
, 3%
Transport, 59%
By Sector, 2018
0
61
24
2
12
05
81
1
12
0
32
55
1
11
0
20
40
60
80
100
A B C FI NC A B C FI NC A B C FI NC
Environment IndigenousPopulation
InvoluntaryResettlement
By Safeguard Classification, 2010-2017
Source: ADB
The evaluationExamines ADB’s support for strengthening CSSs and capacity for ENV and IR safeguards in the Pacific region.
Projects covered• 8 TA projects focusing on improving the country safeguard
systems (5 countries, $2.6 million)
• Supports: (i) countries’ legal and institutional capacity assessments; (ii) draft environment/land acquisition legal amendments and/or guidelines; (iii) training and capacity building
Outcomes of interest and theory of change• Strengthened domestic regulations
• Strengthened institutional capacity
• Greater use of country safeguard systems
• Improved development coordination
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Title Completion AmountCountry Safeguard Review in PNG Sep-12 $250,000 Strengthening the Regulatory Framework for Environment Impact Assessment in Timor-Leste
Feb-13 $350,000
Developing Resettlement Safeguards Capacity in the Transport Sector in Timor-Leste
Feb-13 $350,000
Strengthening Implementation Capacity for EIA in Vanuatu Nov-15 $265,000
Strengthening Safeguard Capacity in the Urban Sector Jan-15 $220,000 Strengthening Country Safeguard Systems in the Transport Sector in the Solomon Islands
Sep-14 $600,000
Supporting Good Governance through Safeguard in the Solomon Islands
Apr-16 $300,000
Institutional Strengthening of Environmental Safeguards in Vanuatu
Apr-17 $225,000
TOTAL $2,560,000
Source: ADB Source: IED reconstruction of ADB project documents
Findings
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(1) Equivalence analysisCountry safeguard systems on ENV have major differences with SPS in important areas. IR equivalence assessments are more difficult to interpret
Environment Involuntary resettlement
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40.0%
33.3%
32.5%
51.3%
34.7%
37.5%
43.5%
36.3%
30.0%
32.0%
22.5%
23.2%
31.3%
18.8%
33.3%
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%
KIR
PNG
SOL
TIM
VAN
Full equivalence Partial equivalence No equivalence
0.0%
2.8%
5.3%
37.8%
5.3%
23.7%
13.9%
26.3%
18.9%
23.7%
76.3%
83.3%
68.4%
43.2%
71.1%
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%
KIR
PNG
SOL
TIM
VAN
Full equivalence Partial equivalence No equivalence
Source: IED staff calculation based on TA consultant reports. KIR = Kiribati; PNG = Papua New Guinea; SOL = Solomon Islands; TIM = Timor-Leste; VAN = Vanuatu
(2) Land ownership and means to secure land accessCustomary land is the dominant land ownership, and negotiated purchase is the preferred mean
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>99% Lease
65% Neg. Purchase
97% Acquisition
98% Lease / Purchase
>90% Lease
45% Lease
98% Lease / Purchase
81% Acquisition
88% Lease
0% Neg. Purchase / Acquisition
95% Lease
Source: AusAid (2008)
Share of customary land in the country and the dominant means for the government in of securing land access
Comparative cases on accessing land
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Solomon Islands PNG Timor-Leste Sri Lanka NSW Australia% customary land 98% 97% Most No 1 % Native Title
Is customary land legally protected?
Yes Yes No No Yes
Legal basis for accessing land in the public interest
• Constitution• Environment Act• Town and Country
Planning Act• Lands and Titles Act
• Land Act• Lands Acquisition
(Development Purposes) Act
• National Land Registration Act
• Environment Act
• Land Law • Expropriation Law (Neither is operational)
• Land Acquisition Act • Land Acquisition
Regulations • Payment of Compensation
Regulations• National Environmental Act
• Land Acquisition Act
Is expropriation permitted by Law?
Yes Yes Yes (but 2017 Law is not operational yet)
Yes Yes
Actual Means of Accessing Land
Negotiated Settlement Expropriation or Negotiated Settlement
Negotiated Settlement Expropriation (LAA Urgency Clause)
Est 80% by negotiated settlement
% non-equivalence with ADB SPS
68% 83 % 43 % 40 % (est.) N/A
Key Issues • Urbanisation • State support for customary
land institutions/processes• Unregulated access • Unaccountable
representatives. • Law and order
• Expropriation is controversial and does not speed up access
• Land records • Contested land boundaries • Land valuation • Unaccountable
representatives• Law and order
• Equivalence analysis is based on laws which are not used.
• Land Tenure• Customary land recognition• Land records
• People can be displaced without compensation at short notice
• Compensation method• Negotiation process, prior
information • Hardship provisions
Negotiated settlement is preferred in many countries, even when the laws permit compulsory acquisition
(3) Negotiated settlement is time consuming, though
12Local community put namele leaves (“taboo”) in a project sites following a misunderstanding with the contractor
Identifying eligible owners
Prolonged negotiations
Misunderstandings often occur
Compensation issues
Assessments of ADB Support
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Has ADB support been effective?The TA projects have helped in certain areas, but not as effective as intended
What has been achieved and has not
Legal amendments supported by ADB TAs
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• Timor-Leste Land Expropriation and Land Ownership Laws (2017)
• Vanuatu Environment Protection and Conservation Act (submitted to the Parliament, 2017)
• Solomon Islands Environment Act (currently being discussed by the government)
• Timor-Leste Environment Basic Law and Environment License Laws (not yet amended)
• Solomon Islands Land and Titles Act (not yet amended)
• PNG Environment Act (2014 but unrelated to the TA)
Technical guidelines and standards are available
Legal amendments
Improved knowledge of government staff
Improved institutional capacity (staff, budget)
Greater use of CSS in development projects
Better coordination and harmonization
Other assessments and recommendations for ADBWhich may apply to other development partners
AssessmentsDesign shortcomings. The TA projects did not address some knowledge gaps in the areas of involuntary resettlement, indigenous people and development partnership frameworks
• Invest in more knowledge on land issues, including the customary land arrangements
• Provide support to improve the enabling framework for negotiated settlement
• Conduct more pronounced indigenous people assessments and implementation
• Continue the initiative to develop the common safeguards framework
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Recommendations
Sustainability. The problems of high staff turnover and low incentives to attract and retain skills are still the issues faced by the Pacific countries
• Continue supporting the long-term safeguards institutional and capacity development
Thank YouAri Perdana, Evaluation Specialist, [email protected]
https://www.adb.org/site/evaluation
https://www.adb.org/documents/strengthening-safeguard-capacity-pacific