Due Diligence Report February 2015
VAN: Port Vila Urban Development Project
INVOLUNTARY RESETTLEMENT IMPACTS FOR THE GEORGE KALSAKAU DRIVE
Prepared by Ministry of Infrastructure and Public Utilities (MIPU), Government of Vanuatu Bank
for the Asian Development Bank.
This due diligence report is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB's Board of Directors, Management, or staff, and may be
preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation
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Development Bank does not intend to make any judgments as to the legal or other status of any
territory or area.
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GOVERNMENT OF VANUATU
PORT VILA URBAN DEVELOPMENT PROJECT
DUE DILIGENCE REPORT
Project Number: 14
Asian Development Bank Loan No.2832-VAN (SF)/G0275-VAN/G0276-
VAN
INVOLUNTARY RESETTLEMENT IMPACTS
FOR THE GEORGE KALSAKAU DRIVE
27 February 2015
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Project Number: 14
Republic of Vanuatu: Port Vila Urban Development Project
Financed by:
The Asian Development Bank
The Australian Government Department of Foreign Affairs & Trade (DFAT)
The Government of Vanuatu
Prepared By: Vanuatu Project Management Unit (VPMU)
For: Ministry of Finance & Economic Management (Executing Agency) Ministry of Infrastructure & Public Utilities (Key Implementing Agency) Public Works Department (Key Implementing Agency) Department of Environmental Protection & Conservation(Key Implementing
Agency)
NAME OF PROJECT PORT VILA URBAN DEVELOPMENT PROJECT
REPORT TITLE DUE DILIGENCE REPORT (DDR)
CONTRACT REFERENCE VAN005
DATE 27 FEBRUARY 2015
Noti e
This report was produced by VPMU for the Ministry of Finance & Economic Management (MFEM) (the
Executing Agency (EA), Ministry of Infrastructure and Public Utilities (MIPU)(Implementing Agency
(IA), Public Works Department (PWD)(IA) and the Department of Environmental Protection &
Conservation (DEPC)(IA) for the specific purpose of the Due Diligence Report of the Due Diligence
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Report is to describe the process for establishing the resettlement impacts and outcomes upon
George Kalsakau Drive .
This report a ot e used a perso other tha the MIPU’s e press per issio . I a eve t VPMU accepts no liability for any costs, liabilities or losses arising as a result of the use of or reliance
up the contents of this report by any person other than the MIPU and the project donor agencies, the
Asian Development Bank and DFAT.
Do u e t Histor
JOB NUMBER: VAN005
DOCUMENT REF:
DUE DILIGENCE REPORT FOR THE PORTVILA URBAN
DEVELOPMENT PROJECT
0 Initial issue VPMU PCM 27/02/15
Rev Purpose /
Description Originated Checked Reviewed Authorised Date
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ABBREVIATIONS
ADB…………………………………………………………………………... Asian Development Bank
APs………………………………………………………………………………………Affected Persons
CBD…………………………………………………………………………….Central Business District
CLC…………………………………………………………………….. Community Liaison Committee
CLO…………………………………………………………………………..Community Liaison Officer
CP…………………………………………………………………………………...Communication Plan
DFAT……………………………………………………….. Department of Foreign Affairs and Trade
DSCD……………………………….. Design Supervision and Capacity Development (Consultant)
EA……………………………………………………………………………………... Executive Agency
GKD………………………………………………………………………………George Kalsakau Drive
GRM……………………………………………………………………Grievance Redress Mechanism
IA………………………………………………………………………………….. Implementing Agency
Km………………………………………………………………………………………………..Kilometer
MIPU………………………………………………………...Ministry of Infrastructure & Public Utilities
NZAID…………………………………………. New Zealand Agency for International Development
PPTA………………………………………………………..Project Preparatory Technical Assistance
PSC………………………………………………………………………... Project Steering Committee
PWD…………………………………………………………………………...Public Works Department
PVUDP…………………………………………………………Port Vila Urban Development Project
PVM…………………………………………………………………………………Port Vila Municipality
DDR……………………………………………………………………………….. Due Diligence Report
DSCD…………………………………………………Design, supervision and capacity development
RP……………………………………………………………………………………...Resettlement Plan
SPS…………………………………………………………………………Safeguard Policy Statement
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VPMU………………………………………………………………Vanuatu Project Management Unit
VTIP Vanuatu Tourism Infrastructure Project
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CONTENTS
EXECUTIVE SUMMARY……………………………………………………………………………… ..7
I. INTRODUCTION ………………………………………………………………………………………8
A. Background ……………………………………………………………………………………………8
B. Description of the Overall Project……………………………………………………………………9
C. Description of GKD sub-project…………………………………………………………………… 10
II. METHODOLOGY…………………………………………………………………………………….12
III. SCOPE OF LAND USE ON GKD ………………………………………………………………...12
A. Description of Existing Corridor along GKD…………………………………………………… ...13
B. Description of Private Properties along GKD…………………………………………………......15
C. Temporary Effects During Construction and Mitigation………………………………………….16
D. Long-term Effects After Construction………………………………………………………….......16 IV. SOCIOECONOMIC INFORMATION……………………………………………………………...16
A. People and Communities along the sub-project Road……………………………………….. ...18
B.Impact on People and Communities along the Sub-project Road………………………………18
C. Project Impacts on Vulnerable Groups……………………………………………………………18
D. Gender and Resettlement………………………………………………………………………......19
V. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION………………….19
A. Project Stakeholders………………………………………………………………………………...19
B. Consultation and Participation……………………………………………………………………...19
V. GRIEVANCE REDRESS MECHANISM………………………………………………………......21
A. Monitoring…………………………………………………………………………………………….22
FIGURES
Figure 1: Location of George Kalsakau Drive………………………………………………………..11
Figure 2: Road network and drainage systems of the George Kalsakau Drive…………………..12
Figure 3: Private leases (Lots 30 & 31) currently not in PVUDP scope of work………………….13
Figure 4: Caravan trailer sitting in a parking space at the SW corner of GKD……………………15
TABLES
Table 1: Leasehold Titles along GKD…………………………………………………………………14
Table 2: List of businesses located along the Sea Front which will not be affected
by the George Kalsakau Drive sub-component works……………………………………17
Table 3: Consulted Business and Property Owners along the GKD………………………………19
Table 4: Procedures for resolving grievances………………………………………………………..22
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EXECUTIVE SUMMARY
Project Scope
The Port Vila Urban Development Project (PVUDP) has five outputs. The George Kalsakau
Drive (GKD) sub-component falls under Output 1: Government has improved the road network
and drainage system in greater Port Vila. This Due Diligence concerns the works to be carried
out by Port Vila Urban Development Project (PVUDP) over a total length of approximately 289
meters constituting the road, parking, footpaths, and associated works at GKD and the two
unnamed access lanes that enter GKD from Lini Highway in the Seafront Precinct of Port Vila.
Key Survey Findings
No section of private lease along the GKD will be affected by the road network upgrading and
the drainage systems and associated facilities. A determination has been reached that 57
formal businesses and 101 handicraft vendors in the area will not experience net negative
financial impacts due to temporary construction works or due to permanent design changes
intended to facilitate foot and vehicle traffic in the area.
The scope of works to improve the road network, drainage, parking and footpath has been
affected by the late notification that Lots 30 and 31 along the GKD have private leases over part
of the road and thus this section has been excluded from the scope of this subproject (Figure 2).
It is intended that separate discussions between the Government and the lessees will occur
concurrently with the construction works with the expectation that the affected scope may be
included at a later stage either as a variation to the existing contract or under a separate
subproject. These negotiations will be undertaken consistent with the Project Resettlement
Framework.
Implementation of this sub-component of the PVUDP will be positive for tourism and economy
of Vanuatu.
Entitlements
No other entitlements are expected for the works to be carried out on the GKD.
Recommended Actions
The implementation for the sub-project area will provide positive impacts for the tourism industry
and people of Port Vila. The road design is within the road corridor of public land and it is
recommended for approval to proceed.
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I. INTRODUCTION
A. Background
1. Australian Aid (DFAT) and Asian Development Bank (ADB) are assisting the Government of
Vanuatu (GOV) to improve urban infrastructure and services in Port Vila urban area and the peri
urban areas. This Due Diligence Report (DDR) was prepared to assess possible negative
impacts, if any, resulting from the subproject and identify mitigation measures to avoid these
impacts. In addition, the DDR includes the results of screening for possible land acquisition
impacts of planned upgrade of the existing road network and drainage systems within the
existing land for the GKD.
2. The Asian Development Bank (ADB) Safeguard Policy Statement (2009)(SPS) Involuntary
Resettlement Requirements apply to all ADB-financed projects and their components,
regardless of the source of financing. It also covers involuntary resettlement actions conducted
by the borrower/client in anticipation of ADB support. The policy is triggered when a project
causes physical and economic displacement resulting from (i) involuntary acquisition of land or
(ii) involuntary restrictions on land use or on access to legally designated parks and protected
areas. Physical and economic displacement may be full or partial, temporary or permanent.
3. The objectives of ADB’s Involuntary Safeguards are as follows:
(i) to avoid involuntary resettlement whenever possible;
(ii) to minimize as much as possible by exploring project and design alternatives;
(iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative
to pre-project levels;
(iv) to improve the standards of living of the displaced poor and other vulnerable groups.
4. Recognizing that physical and /or economic displacement can lead to improvement,
especially of poor and vulnerable groups, the priority is to avoid involuntary resettlement
whenever possible. For this purpose, at the earliest stage of the project preparation process,
ADB carries out a project/subproject screening and categorization. This Screening and
categorization is undertaken to (i) reflect the significance of potential impacts or risks that a
project/subproject might present; and (ii) identify the level of assessment and institutional
resources required for the safeguard measures; and (iii) determine disclosure requirements.
Due diligence assists in this process by (i) determining the land requirements of the project; (ii)
whether these land requirements will be satisfied through involuntary restrictions on land use
and access;(iii) measuring the extent and severity this taking and restrictions and more
importantly, its impacts on people or related to the land and their immovable assets and
activities on the land, and (iv) identifying the appropriate instruments to mitigate these impacts.
5. The SPS has 12 policy principals on voluntary resettlement. Principal 8 directly applies to this
project, whereas a Resettlement Plan (RP) or due diligence report (DDR) with necessary
provisions is prepared to mitigate potential involuntary, and additional benefits impacts. The 12
principles are: (1) screen early and assess resettlement impacts; (2) carry out consultations with
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APs and develop a grievance redress mechanism; (3) Improve/restore livelihoods of Affected
Persons (APs) through land-based strategies, replacement of lost assets, compensation at
replacement as cost, and additional benefits, as appropriate; (4) provide appropriate assistance
to physically displaced APs; (5) improve living standards of poor APs and other vulnerable
groups; (6) develop transparent procedures for negotiations; (7) provide assistance and
compensation to non-titled Aps for loss of non-land assets; (8) prepare settlement Plans to APs
of due diligence reports (DDRs), with necessary provisions; (9) disclose RPs to Aps and other
stakeholders and document the consultation process; (10) conceive and execute resettlement
as part of the project; (11) deliver entitlements to APs before their physical or economic
displacement; and (12) monitor and assess resettlement outcomes.
B. Description of the Overall Project
6. The Port Vila Urban Development Project (PVUDP) is an urban renewal project. It includes
the improvements of road network and associated infrastructures such as footpaths, street
lightings and signboards and improvement of drainage system in Port Vila. The project has five
outputs. The George Kalsakau Drive (GKD) sub-component falls under Output 1. The five
outputs area as follows:
Output 1: Government has improved the road network and drainage system in greater
Port Vila
Output 1 will: (i) rehabilitate and upgrade approximately 25 km of urban roads including
drainage, footpaths, street lighting, road furniture and signage, and relocation of some
electricity poles, telecommunication pits, etc. and (ii) upgrade and augment storm water
drainage systems in 5 flood-prone watersheds with a combined area of about 7 square
kilometers. The drainage assets to be provided by PVUDP comprise 25 km of pipe
drainage (including road storm water drainage systems) and 8 km of open drains.
Output 2: Government has improved the sanitation system in greater Port Vila.
Output 2 will improve the disposal and treatment of sludge from domestic and commercial
septic tanks by (i) improving the management of the privately operated sludge collection
and disposal system and (ii) construction of a sludge treatment plant (STP) and disposal
facility.
Output 3: Central area and settlement communities use improved hygiene facilities.
Output 3 will (i) establish seven multi-purpose, multi-user sanitation facilities in villages and
peri-urban settlements; (ii) upgrade, rebuild, or refurbish three public toilets in the city
centre and at major publicly owned sporting facilities; and (iii) involve women in site
selection and design of sanitation facilities and maintenance activities.
Output 4: Government agencies and community and user organizations have the
capacity to effectively and efficiently manage sanitation, roads and drainage systems.
The project will design and implement training programs to develop capacity and awareness.
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Output 5: Efficient project management services are provided.
Output 5 will provide the necessary technical support and advisory services to the
executing agency and implementing agencies in implementing the project efficiently. The
Design Supervision and Capacity Development (DSCD) Consultant will perform these
functions including the supervision of the all resettlement matters.
7. The Due Diligence Report (DDR) was prepared for the works to be carried out by the Port
Vila Urban Development Project (PVUDP) over approximately 289 meters of George Kalsakau
Drive (GKD) and three unnamed access lanes that enter the GKD from the Lini Highway in the
Seafront Precinct of Port Vila. The scope of works include extension of road carriageway,
rehabilitation and reduction of existing public parking lots, rehabilitation of drainage network,
construction of sediment traps at strategic points, construction of footpaths and associated
works in the subproject site.
C. Description of the George Kalsakau Drive Sub-project
8. The GKD is located at the Seafront Park in the heart of Port Vila Central Business District
(CBD) of Port Vila, covering a total length of approximately 289 meters constituting the road,
parking, footpaths and associated facilities. The GKD is being redesigned to improve the space
for the pedestrians and buildings opening onto the Seafront Park. The park is a very popular
and well used open green space in the heart of the Central Business District. It is used for a
wide range of activities and events and is an important social gathering place for the locals and
tourists alike. Sea Front Park is also an important commercial hub including the cafes,
restaurants, handicraft market, water sport activities and other sea based tourism operators as
well as a children’s playground.
9. The existing road and drainage networks along the GKD are located on public land which has been reclaimed in the early 1970s while private properties occupy the leeward side between the GKD and the Lini Highway.
10. The road surface of the GKD has deteriorated due to the poor maintenance of the carriage
way and drainage system. The frequent rainfall in Port Vila has caused drainage pipes to clog
which has resulted in flooding on the GKD. This badly reflects the ill maintained drainage
system. The flooding is also a major problem on the roads during the rains. The debris, silt and
grit pose a problem to the urban drainage. Most of the storm water ends up in Port Vila Harbour
either as surface water run-off or through the existing drainage pipes.
11. Also, the drainage system of GKD is the receiving hub of all storm water from the Lini
Highway. Survey data has revealed that most of the outfalls have adequate capacity across the
park to the sea wall.
12. Moreover, there are 109 existing car parks along the GKD, 47 primary businesses that open
onto Lini Highway and with their back onto GKD. An additional 10 formal businesses and 101
handicraft vendors also operate inside the park. During periods, when there is tourist boat
arrival in Port Vila and social events at the Sea Front Park, the number of vehicles on the GKD
exceeds the parking areas available for public use. Some of total parking usage is recreational
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parking with the remainder classed as business parking use by customers and employees of
nearby businesses. During tourist boat arrivals in Port Vila and when social events are held at
the Seafront Park, the number of vehicles on the GKD exceeds the parking areas available for
public use.
13. Beca International Consultants Ltd (Beca) prepared the design for the new Seafront Precinct under a separate contract with the NZAID Tourism Infrastructure Project (VTIP) and subsequently provided to PVUDP. Two of the seven design sheets are shown in Figure 1 as those two sheets cover the PVUDP works of GKD. PVUDP is to tender and construct the GKD roadway, parking, and temporary footpaths indicated in Figure 1 while leaving the reminder of the Seafront Precinct design for the VTIP to tender and construct separately. The extent of the PVUDP works is outlined in heavy white area in Figure 1 below. The heavy red colour indicates the existing buildings along the leeward side the GKD. The yellow are indicated the area to be excluded from the scope of works, because the land is currently under private lease. The area indicated in green will only include the drainage and no road works.
Figure 1. Location of George Kalsakau Drive
14. The existing buildings along GKD generally face on to Lini Highway and only few make use
sea front park edge. The project provides an opportunity to improve the pedestrian environment
along the edge for GKD and encourage more business to open out on the sea front park in the
future.
15. The pavement surface of GKD and the foot paths is proposed to be concrete due to the high
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use of this area for private, commercial and social activities.
Figure 2: Road network and drainage systems of the George Kalsakau Drive
II. METHODOLOGY
16. This due diligence assessment was conducted through consultations and review of secondary data. Interviews and discussions were held with owners of buildings between the GKD and the Lini Highway, Clerk of the Port Vila Municipal Council, Surveyor General and the Director of Lands. Existing survey maps of survey boundaries of the properties along the GKD and available lease documents were also reviewed by the Consultants during the preparations of the DDR. Moreover, site visits along the Seafront Precincts were conducted to inspect the existing road network, drainage system, footpath, street lighting and signage boards.
III. SCOPE OF LAND USE ON GEORGE KALSAKAU DRIVE
17. The scope of works to improve the road network, drainage, parking and footpath has been
affected by the late notification that Lots 30 and 31 along the GKD have private leases over part
of the road and thus this section has been excluded from the scope of this subproject (Figure 2).
It is intended that separate discussions between the Government and the lessees will occur
concurrently with the construction works with the expectation that the affected scope may be
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included at a later stage either under a separate subproject or a variation to an existing contract.
These negotiations will be undertaken consistent with the Project Resettlement Framework.
18. Notwithstanding, a substantive portion of the works can be completed without affecting the
overall intent of the works. No other entitlements are expected.
19. The two cases of land acquisition are the only issues that arise directly from the proposed
GKD sub-component works program (Lots 30 and 31). Similar issues may arise from PVUDP
works to be carried out later on the Lini Highway side of the same properties. Resolving those
issues may also require modifying the road and footpath designs to avoid land acquisition
issues.
Figure 3: Private leases (Lots 30 & 31) currently not in PVUDP scope of work
A. Description of Existing Corridor along GKD
20. The GKD has a total overall length of approximately 289 meters constituting the road,
parking, footpaths and includes the two unnamed access lanes that enter GKD from Lini
Highway in the Seafront Precinct of Port Vila. The width of the road excluding parking lots at the
GKD is approximately 6.2 meters or 3.1 meters on each sides of the road from the centerline.
The existing corridors do not encroach on any of the existing private and public (municipal)
properties. The construction-phase activities will consist primarily of existing roadwork
016
029 018 03 043
030
031
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replacement and up grading, excavation replacement and upgrading of drainage structures,
footpath replacement and associated lighting and road signage within the existing road corridor
21. The buildings located along the east side of the existing road corridor of GKD are on private plots. Thus, lands occupied by existing buildings on the east side of the GKD are outside of the existing road corridor. The area to the west of GKD is public land administered by the Port Vila Municipal Council. 22. The GKD design was prepare by Beca International Consultants as part of the Vanuatu Tourism Infrastructure Project (VTIP) and will be constructed by the PVUDP. The road network design is based on the existing width and length of the road. There are no modifications made to the design by the PVUDP. The proposed works do not significantly alter the existing levels or drainage structure hence only upgrading and refurbishing of the system is proposed at this time. The road design is within the existing road corridors and it does not encroach onto any private properties on the east side of the GKD. 23. The full list of those leasehold plots, their status, use and the name of lessees appears
below.
Table 1: Leasehold Titles along GKD
# Title Number CLASS LESSEE REMARKS
1 11/OD21/029 Residential Basilea Ltd.
2 11/OD21/018 Commercial Societe Civile de Realisation
3 11/OD22/003 Commercial Babque Indosuez Vanuatu Transfer to Bay Development Ltd.
4 11/OD22/043 Commercial Balande Vanuatu Transfer to Societe de Service Petroliers
5 11/OD21/063 Lease not registered
6 11/OD22/056 Commercial Southene Holdings Ltd. Sublease
7 11/OD22/062 Commercial Societe Russet Freres Ltd. Sublease
8 11/OD22/005 Commercial Shan Cheng Transfer to Arthur Shan
9 11/OD22/034 Commercial Societe d'Invertisement du Pacific Sud
Transfer to Deimos Ltd.
10 11/OD22/027 Commercial Leong Jean Patiste et Wong Regina
Transfer to HP Invest Ltd. Mortgage: WPC
11 11/OD22/028 Commercial Wu Ke Luong
12. 11/OD21/030 Concrete Road –Private
Basilea Ltd. Registered 75 year lease over existing right of way to Basilea
13 11/OD21/03 Private-Commercial
Basilea Ltd. Registered 75 year lease over existing right of way to Basilea
24. There are no houses, structures, privately owned tree crops and economic activities that will
be adversely affected as a result of these works. There are no non-titled persons within the
construction area.
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B. Description of Private Properties along GKD
1. Plot 29 and 30 (BP House)
25. Description: Refer to Figure 3, above. This is a commercial premise with a loading bay facing the works site. The same lease also has lease over Lots 30 and 31, which has currently been excluded from the scope of works under this project which will not directly affect access to their business. However, it is proposed that further consultations and negotiations will be undertaken with this lessee about the following works, and if successful, it may be included in a subsequent subproject (through either a new contract or contract variation). 26. It is necessary to defer the scope of works associated with Lot 30 under the PVUDP until
negotiations have been finalized with the lessee. For detailed plans, refer to Figures 1 and 2
above.
27. Mitigation Measures Adopted:
a. Exclude the above works associated with Lot 30 items 25 (a) and (b) of works from the current subproject scope
2. Plot 18 (Jungle Café)
28. Description: Refer to Figure 3 above. This is another private establishment facing the northwest end of the GKD. a. An existing private footpath and stairs to the top floor of this building encroach on and prevent access on the SE side of the building at the access road entering GDK. The stairs are well outside the lessee’s cadastral boundaries, but the stairs and footpath itself both appear to have been constructed recently by the lessee. b. The sub-component design calls for renewing the public footpath but then stopping the works at the stairs and footpath will be avoided and excluded from the scope of works. The stairs and footpath will not affect the pedestrian thoroughfare and is therefore determined that the impacts on these private properties can be avoided. 29. Mitigation Measures Adopted: a. Avoided the impacts on private parking, footpath and stairs as part of the subproject works
3. Pink Food Caravan
30. Description: An abandoned caravan food trailer sits in a parking space at the SW end of GKD (Figure 4). The owner and potential permit status are not yet known.
31. Mitigation Measure Adopted:
Figure 4. Caravan trailer sitting in a parking space at
the SW corner of GKD.
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a. The Government will search for and ask the owner to remove the trailer. If this fails, the trailer
will be removed by the Government to a secure location for owner’s collection
C. Temporary Effects During Construction and Mitigation
32. GKD is likely to be closed intermittently for approximately four months with partial access provided along either completed or yet to be started sections. A traffic management plan and it comprise of pedestrian crossings, signage, parking restrictions, traffic signals and disabled facilities. Access to the park will be hindered and all available parking will be lost during construction. Both access to the park and the parking are “common property resources.”
33. It has been determined that closing of GKD will not pose a financial problem for businesses in the area and thus will not have resettlement impacts. This was based on the consultations with the businesses and tenants of private buildings along the GKD that during construction, parking areas along the Lini Highway will be used. The alternate parking will be provided along Lini Highway at the existing parking lots during construction. Alternatively, the best mitigation measure would be to close off and construct only one half (north/south) of GKD at a time.
D. Long-Term Effects after Construction
34. The long-term effect of construction of the GKD based on the design will be an improved
road network and drainage system, increase the area of footpath and associated lighting and
road signage within the existing road corridor, raise spend tables for people to cross and to slow
traffic
35. Some of total parking usage (both present and future) would be classified as “recreational”- with the remainder classed as “business” parking- that is parking used by customers and employees of the nearby businesses. Through consultations, the PVUDP has determined that there is adequate parking available elsewhere in the CBD at the proposed Center Point parking area in a level 6 level building. This is yet to be built. 36. The VTIP and PVUDP design expectations are that increased foot traffic to area businesses will make up for any reduction in vehicle traffic. The VTIP has determined through consultations with stakeholders/businesses that there is adequate parking available elsewhere in the CBD. As a result, GKD area businesses will not be impacted negatively by the permanent loss of parking. Stakeholder consultations undertaken as part of the two design works did not encounter objections. Thus, it has been determined that the loss of parking does not pose a financial risk to local businesses.
IV. SOCIOECONOMIC INFORMATION
A. People and Communities along the Subproject Road
37. The immediate goal and main effect of the sub-component is to modernize the vehicle
roadway and adjacent footpaths at GKD. This is expected to enhance the experience of local
tourists and local people who use the park and the shops and other businesses inside and
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adjacent to the park. Increasing the attractiveness of the area to tourists is expected to increase
tourism expenditures resulting in more jobs and more income for local people.
38. Local businesses will also be affected positively with the improvements of the road network
and the associated infrastructures such as footpath, street lighting, signage and drainage.
These improvements will encourage increased foot traffic to these commercial establishments
from tourists and local people alike due to easier access and safety. A list of those businesses
appears below in Table 2. The list includes a total of 158 businesses with 57 formal businesses
and 101 handicraft vendors:
a). Fourty seven (47) commercial professional services, and retail businesses with formal
storefronts along the Lini Highway into GKD. All the businesses that open in front onto Lini
Highway open in back onto the GKD;
b). Ten (10) formal store-front and signed businesses inside Seafront Park; and
c). One hundred and one (101) handicraft vendors inside the Seafront Park.
39. During consultations, consulted stakeholders cited that expected primary effects of infrastructure improvements on these businesses will be positive in the long run. Although there will be temporary disruptions in the short term, this will be addressed by the traffic management plan. There will also be positive impacts resulting in easier and safer access through permanent changes in vehicles and pedestrian traffic along the GKD. Table 2. List of businesses located along the Sea Front which will not be affected by the George Kalsakau Drive sub-component works. Store-Front Businesses between Lini Highway and Kalsakau Drive (subtotal 47)
1 Healthwise Pharmacy 25 Sound Centre
2 Rococo 26 datec
3 Pablik Laebri Blong Port Vila 27 UDP Bank
4 Cargo Traders 28 Kramer Ausenco
5 Downtown Internet 29 Sports Cover
6 Transam Vanuatu 30 Vanuatu Accountants
7 Tranquility Dive 31 Pacific Patroleum
8 Coongoola Criuise 32 Mall Pacifique
9 AJC 33 Raffea House
10 Duty Free Paris Shopping 34 AON Insurance Brokers
11 Pacific Bank 35 Phoenix
12 American Fashion 36 Westpac Bank
13 The Red Elephant 37 Island Property
14 Island Safaris 38 Island Property
15 B&P House 39 Pacific Passion
16 Roxy 40 Pandanus Art
17 Carla 41 ANZ Bank
18 Optometris 42 Go 4 Food
19 Jungle Café 43 Law Partners
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20 Summer – The Fashion 44 Jill’s Take Away Café
21 Florabunda 45 Monkey’s Ice Cream
22 The Tour Shop 46 Police Subpost
23 Pharmacie 47 Vanuatu Post
24 Frangipani Bay
Store-Front and Signed Businesses Inside Seafront Park (subtotal 10)
1 Win 1,000,000 VT Golf 6 Vanuatu Jungle Zipline
2 Nambawan Cafe 7 Holiday Inn
3 Gourmet Pizzas 8 Jo Ellen Tour
4 Big Blue Scuba & Tours 9 Agies Local Massage
5 Vanuatu Helicopters 10 Water Taxis (number unknown)
Handicraft Vendors inside Seafront Park (subtotal 101)
1-36 Handicraft vendors in three circular thatched buildings (36)
37-70 Handicraft vendors in rectangular building behind Nambawan Café (34)
71-77 Handicraft vendors under shelters behind rectangular building (7)
78-88 Handicraft vendors in tents along alley (11)
89-101 Handicraft vendors fronting alley near shore (13)
40. There are currently 107 parking lots in the GKD and the PVUDP design expectations cut are that the parking lots will be reduced to 78 and thus, increasing foot traffic to the area. Increase in business transactions will make up for any reduction in vehicle traffic. Through consultants analysis VTIP has determined that there is adequate parking available elsewhere in the CBD. As a result, GKD area businesses will not be impacted negatively by the permanent loss of parking. Stakeholder consultations undertaken as part of the two design works did not encounter objections. Thus, it has been determined that the loss of parking does not pose a financial risk to local businesses. B. Impact on People and Communities along the Subproject Road
41. In the long run the degradation of the environment will be minimized and sustainable transport will be promoted along the GKD. All forms of transport and infrastructure will be physically accessible by all road users, plus the spatial accessibility of the city will be improved for all modes of travel. The project will improve the infrastructures (e.g. road network and drainage system and associated facilities) which will have health benefits for the Port Vila community and businesses. 42. The negative impacts will be intermittent only during construction phase and this is being addressed by the traffic management plan. C. Project Impacts on Vulnerable Groups 43. The sub-component will have no negative impacts on the poor, Indigenous Peoples and/or ethnic minorities, or on other vulnerable groups. The project will improve access to the park and adjacent areas for disabled people, women, children and the aged.
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D. Gender and Resettlement Impacts
44. The sub-component has no differential gender or resettlement impacts (positive or negative) on women.
V. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION
A. Project Stakeholders 45. The primary project stakeholders are the general public, tourists, businesses within and around the Sea Front Park, and relevant government agencies. The VTIP consulted stakeholder groups during the sub-component design through individual, group, and public meetings and surveys. Responses were then used in the sub-component design. Under the PVUDP, follow up consultations and review of secondary data were conducted. From these consultations, it was evident that the design consultants widely consult with the primary project stakeholders.
B. Consultation and Participation Activities Undertaken during Design Phase
46. A wider business consultation was conducted with the property and business owners along the GKD from 17 November 2014 (participants list below in Table 3) and was followed with individual tenants of the buildings again in early January 2015. These include a bank, petrol station, retail establishments, a café and an insurance company. All (or majority) of consulted businesses, were in support of the proposed infrastructure improvements on the subproject site. 47. In addition, the consultation was also conducted with four (4) property owners, four (4) government agencies including VPMU, DEPC, Department of Lands and Port Vila Municipality, DSCD and ADB officials at which time the discussions were centred on the identification of key stakeholders, location and status of the land used for the road and drainage infrastructure, and socio-economic concerns of the local people.
48. A one-on-one discussions were also held with ten (10) property owners covering the boundary of the project area (names listed in Table 3). These consultations have provided comments which are summarised in Table 3 below. Public consultations were held in November 2014. Interviews confirmed support for the infrastructure improvement by consulted business, government and public who have expressed their support for the upgrading of the road network and drainage systems. In addition, the Port Vila Municipal administrators have clearly stated their support for improving the existing infrastructure. Table 3 below provides the list of consulted businesses and property by PVUDP only. A separate consultation were undertaken by VTIP Table 3: Consulted Business and Property Owners Along the GKD
Name of Building & Business
Owner/Lessee/Manager
Contact Comments Solution
1. Paris Shopping
Mr. Regis Friess
7777648/24227
• No loss of parking area (?) as this is area for offloading
Loading bay required. Concrete to be replaced.
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goods for the shop. • Better to leave concrete road as it is private property • Have 3 land titles, the title for the building, the road and the petanque play ground.
VanGov to negotiate land acquisition
2. Ardomani Building
Paul & Sandra Phelan
7772360/22360 [email protected]
• Problem with parking therefore need to keep off street parking free to unload goods
Loading bay provided
2. Center Point Fuel Station
Randall Vallete
7771372 [email protected]
• Agree with proposal • Parking is not a problem for the company as vehicles only stop to refuel • Want quad bike to use GKD as it is safe to avoid traffic
Access to GKD available
3. Raffea House Geoffery Gee 7742272/22067 [email protected]
• Agree for road & drainage improvement
4. Jills Cafe Jill & Greg 7713777 [email protected]
• Need access for unloading and load of stock to café besides the UNELCO transformer box
Loading bay provided
6. Aon Insurance (Vanuatu) Ltd
Aon 556785/23089 [email protected]
• Would like to be involved in the project contract work insurance • Who is constructing
No action
7. Westpac Banking Corporation
Pacific Vila Mall Bobo Dettkie
5580002/22084 [email protected]
• Agree with project proposal • Looking forward to see the project happen
8. ANZ Bank (Vanuatu) Ltd
ANZ 5543248/22635 [email protected] [email protected]
• Agree with proposed project • Need to advise customers on parking
Communications Plan to address customers
9. Real Estimate Agent
Caillard & Kaddour
Loic Bernier Managing Director M: 7743412 [email protected]
• VanGov has negotiated with Caillard & Kaddour acquisition of lands on Lots 30 and 31
Noted
10. Ardimani Building
Paul Phelan • Paul is the owner of Ardimani Building who was contacted separately and his concerns was related to parking space for his customers.
Addressed in GPVTMP
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C. Consultation and Participation Mechanisms to be used during Construction Phase
49. The works contractor will provide prior written notice to the general public and to nearby businesses regarding schedule of closure of the work site.
50. Implementation of the project management will focus on government agency stakeholders with the aim of informing, obtaining decisions or agreement, and obtaining information through established communications mechanisms. Consultations will be treated as routine procedures through a Community Liaison Officer (CLO) at different times as follows: 1). General awareness consultation will be mainly to inform the communities and make awareness of the project scope; 2). Consultation on project road site communities which would involve a walk-through type consultation that would involve significant stakeholder consultation; and 3). Community consultations involving affected individuals.
V. GRIEVANCE REDRESS MECHANISM
51. A grievance redress mechanism (GRM) for social concerns during construction has been
developed:
52 During implementation, the VPMU and Contractor will have a designated staff member responsible for interacting with the GRM. The PMU’s lead will be the grievance focal point, and receive and address project related concerns, via the designated staff member. Concerns will be resolved first by the overall Project Manager, the VPMU, and the responsible government authorities.
53. During the construction period the contractor will be a key participant in the grievance redress process.
54. Any complaint will be recorded and investigated by the VPMU’s staff working with the Design, Supervision and Capacity Development (DSCD) Consultant and the contractor (as appropriate). A complaints register will be maintained as a Help Desk, and will show the details and nature of the complaint, the complainant’s name, the date and actions taken as a result of the investigation. It will also cross-reference any non-compliance report and/or corrective action report or other relevant documentation filed under that complaint.
55. When construction starts, a sign will be erected at all sites providing the public with updated project information and summarizing the grievance redress mechanism process including contact person details at the VPMU. All corrective actions and complaints responses carried out on site will be reported back to the VPMU lead. The VPMU will include the complaints register and corrective actions/responses in its progress reports to the ADB.
56. Throughout this process, the Ministry of Infrastructure and Public Utilities (MIPU) will always be available to hear public complaints and provide advice if the complainant feels that VPMU responses are not satisfactory.
57. On receipt of a complaint in any form (in person, telephone, written) the VPMU complaints officer will log the details in a complaints register. PMU will forward complaint to the project director and executing agency head within 48 hours. The DSCD will respond to the PMU within 1 week with advice on corrective actions to be taken. VPMU will review and find solution to the problem in consultation with village/island/state or traditional chief and relevant local agencies.
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Then VPMU will report back to the affected persons within another 7 days. If the complainant is dissatisfied with the outcome, or has not received advice in the allotted time period, he or she can take grievance to the national government. MIPU will refer matter to the State Law Office for review. The national/state authority will review the case and report back to the PMU who will discuss answers with the complainant about outcome. If unresolved, or if at any time the complainant is not satisfied, he or she can take the matter through the courts. Both successfully addressed complaints and unresolved issues will be reported to the ADB by the PMU.
Step Process Duration 1 Affected Person (AP)/ takes grievance to the Vanuatu
Project Management Unit (PMU)/DSCD /Contractor Any time
2 VPMU reviews issue, and in consultation with DSCD and contractor (if appropriate), then records a solution to the problem.
1 week
3 VPMU reports back to AP and gets clearance from complainant.
1 week
If unresolved 4 AP take grievance to relevant government agency for
resolution (Director General of the Ministry of Infrastructure and Public Utilities or MIPU)
Decision within 2 weeks
5 AP refers matter to State Law Office 2 weeks 6 National agency refers to an internal committee 4 weeks 7 National agency through reports back to relevant
government agency/AP 1 week
If unresolved or if at any stage and AP is not satisfied with progress AP can take the matter to appropriate state or national court. As per judicial system
Table 4: Procedures for resolving grievances
A. Monitoring Arrangements
58. Based on Communication Plan (CP), the Community Liaison Officer (CLO) will monitor all
activities associated with grievances by APs including the public and affected businesses. The
VPMU will maintain proper documentation of consultation process and keep relevant records of
complaints received during implementation and construction phase (resolved and pending
issues). A Help Desk within the VPMU will receive, record and respond to complaints and
grievances. The CLO will document the consultation and grievance resolution process. The
outcome of the negotiation process will be submitted to ADB and government.
59. The VPMU will prepare and submit semi-annual progress reports and submit to the Project Steering Committee (PSC) as part of project performance monitoring.