land acquisition and resettlement plan - adb.org · short rap lobong (september 2000) 2/43...

43
PT. PLN (PERSERO) KANTOR PUSAT INO: Renewable Energy Development Sector Project Lobong Mini-Hydropower Project (PLTM) LAND ACQUISITION AND RESETTLEMENT PLAN September 2002 THIS IS NOT A BOARD APPROVED DOCUMENT.

Upload: ngocong

Post on 26-Jun-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

Short RAP Lobong (September 2000) 1/43

PT. PLN (PERSERO) KANTOR PUSAT

INO: Renewable Energy Development Sector Project

Lobong Mini-Hydropower Project (PLTM)

LAND ACQUISITION AND RESETTLEMENT PLAN

S e p t e m b e r 2 0 0 2

THIS IS NOT A BOARD APPROVED DOCUMENT.

Short RAP Lobong (September 2000) 2/43

Renewable Energy Development Sector Project

LAND ACQUISITION AND RESETTLEMENT PLAN

Lobong PLTM

September 2002

Table of Contents LIST OF TABLES 3 ACRONYMS AND ABBREVIATIONS 3 0. EXECUTIVE SUMMARY 3 1. BACKGROUND 5 2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 6 3. SOCIOECONOMIC INFORMATION 8 4. OBJECTIVES, POLICY FRAMEWORK, AND ENTITLEMENTS 9 5. CONSULTATION AND GRIEVANCE REDRESS PARTICIPATION 13 6. COMPENSATION, RELOCATION AND INCOME RESTORATION 16 7. INSTITUTIONAL FRAMEWORK 17 8. RESETTLEMENT BUDGET AND FINANCING 18 9. IMPLEMENTATION SCHEDULE 19 10. MONITORING AND EVALUATION 20

Short RAP Lobong (September 2000) 3/43

APPENDICES 21 Appendix I: Maps of Project Location 22 Appendix II: Impact Assessment 25 Appendix III: Impacts on Land and Trees/Crop 26 Appendix V: Signed Agreements on Compensation Payments 33 Appendix VI: Consultation Notes 38 Appendix VII: Implementation Plan 43 List of Tables Table 1: Land Use by the Project 6 Table 2: Key Effects of the Project 7 Table 3: Entitlement Matrix 10 Table 4: Compensation Rate for Land Acquisition 11 Table 5: Recent Consultations held with APs 13 Table 6: Public Participation Plan 14 Table 7: Institutional Framework for Resettlement Issues 17 Table 8: Land Acquisition and Resettlement Costs 18

Acronyms and Abbreviations ADB Asian Development Bank APs Affected Persons BAPPENAS National Development Planning Agency CPFPG Compensation Policy Framework and Procedural Guidelines DGEEU Directorate General of Electricity and Energy Utilization DMS Detailed Measurement Survey EA Executing Agency GoI Government of Indonesia ha hectare; 1 ha = 10,000 square meters IP Indigenous People km kilometer kW kilo-watt LAC Land Acquisition Committee LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan m2 square meter M&E Monitoring and Evaluation NGO Non-Government Organization NJOP Tax Object Selling Price PLN PT PLN (PERSERO) PLTM Mini Hydropower Project PMU Project Management Unit RAP or RP Resettlement (Action) Plan Rp. Indonesian Rupiah SDU Social Development Unit

Short RAP Lobong (September 2000) 4/43

0. Executive Summary

The Lobong PLTM will affect 51 persons in 12 households. No household has to be resettled, but one temporary house has to be moved. A total area of 52,109 m2 (orchards) has to be acquired for the project. In several consultations, the affected people have confirmed their agreement with the project. The budget for land acquisition and relocation, based on compensation rates negotiated with the affected people, is estimated at 972 million Rp.

Short RAP Lobong (September 2000) 5/43

1. Background

The Lobong mini hydro power plant will be implemented by Perusan Listrik Negara (PLN) as a core-subproject of the of the Renewable Energy Development Sector Project (REDSP) to be financed by the Asian Developmet Bank (ADB).. This sector project was previously combined with another component which has now become an independent project (the Transmission Lines Improvement Sector Loan) into the Renewable Energy Development and Transmission Lines Improvement Sector Project. The REDSP has the objective to expand power generation using renewable energy sources in five Outer Islands provinces to promote poverty-reducing growth, and extend power supplies to new consumers. Affecting less than 200 people the Lobong subproject requires only a Short Resettlement Plan (see: “ADB Handbook on Resettlement: A Guide to Good Practice”). Details on the compensation policy framework and procedural guidelines are given in a separate report.

1.1 Land Acquisition and Resettlement Procedures

Resettlement, land acquisition and income rehabilitation for the project will be handled in accordance to Indonesian law, relevant Provincial regulation, and the ADB policy on Involuntary Resettlement Policy (ADB's Policy) as detailed in the "ADB Handbook on Resettlement: A Guide to Good Practice” and stipulated in the Compensation Policy Framework (CPFPG) prepared for the project as whole. As detailed in the CPFPG and agreed by PLN the standard ADB procedures for the preparation of Land acquisition and Resettlement in sector loans will be applied to this subproject. Based on these procedures the preparation of a LARP based on a detailed measurement Survey (DMS) acceptable to ADB will be a condition for contract awards and the full implementation of the LARP program will be a condition to civil works mobilization.

Short RAP Lobong (September 2000) 6/43

2. Scope of Land Acquisition and Resettlement

2.1 Project Location

Lobong mini hydro power plant (PLTM) has an installed capacity of 2 x 800 kW, and will feed into the 20 kV Kotamobagu distribution grid. The power plant is located in the Province of North Sulawesi, Regency of Bolaang Mongondow, District Passi, on the river Mongondow, near Kotamobagu. The project area is within the boundaries of the villages Lobong and Poyuyanan. The village of Lobong is situated about 1 km from Lobong PLTM. The area is easily accessible by asphalt road from Manado or Kotamobagu. For the final section - access to the powerhouse - an access road of 270 m length will have to be built. The feeder line to the existing distribution grid will have a length of 5 km. A map of the project location is given in Appendix I.

2.2 Land Use

For the construction of the components, including dam, waterway, penstock, power house and access road, approximately 52,109 m2 of land are needed. Details are given in Table 1.

Table 1: Land Use by the Project

Components Total Land Acquired (m2)

Dam Site 6,734 Open Channel 27,437 Penstock 7,927 Power House 6,011 Access Road 4,000 20 kV Distribution Line 0 *) see Note Total 52,109

*) The detailed measurement survey for the 5 km feeder to the existing 20 kV distribution line still has to be carried out. One round pole requiring approximately 20 x 20 cm of land would be erected every 55 meters. For the 5 km of line 90 single poles with a total land requirement of 90 x 20 x 20 cm = 3.6 m2 would be necessary. The poles will be erected along the access road, so that no additional land will have to be acquired.

2.3 Key Effects

According to the Impact Survey carried out in April 2002 the Lobong PLTM affects 12 households with 51 persons, as shown in Table 2. The project area is about 1 km away from the nearest settlement, therefore the key impact of the project is limited to clearing of trees, mostly coconut trees. One temporary house, but no household, will have to be relocated. Three households will have to sell more than 30% of their land.

Short RAP Lobong (September 2000) 7/43

Table 2: Key Effects of the Project

Item Unit Parameter Number of affected households No. 12 Number of affected persons No. 51 Thereof women (%) % 47 Affected Land in m2 m2 52,109 Affected Land as % of Total Owned Land % 12 Number of severely affected households (>30% of land affected) No. 3 Thereof: households with major source of livelihood severely affected No. 3 Number of houses to be relocated No. 1 (temp.) Number of affected trees No. 7,193 Other losses No. none The detailed inventory of impacts is given in Appendix II. Appendix III lists the impacts on trees and crops.

Short RAP Lobong (September 2000) 8/43

3. Socioeconomic information

The village of Lobong has 1,604 inhabitants (411 households). The village of Poyuyanan has a population of around 800 people in 231 households. They belong to the ethnic group of Mongondow and are predominantly Muslim. The major source of livelihood is dryland farming. The 12 affected households are all farmers, but some of them also have a government job. Although 24 (or 47%) of the affected people are women, women do not constitute a vulnerable group in the context of this project. There are no indigenous people in the project area.

Short RAP Lobong (September 2000) 9/43

4. Objectives, policy framework, and entitlements

4.1 Policy Framework

Land acquisition and resettlement for Lobong PLTM will be governed by: • the Presidential Decree No. 55-1993 (Keppres) of Indonesia, • other local laws and regulations, • ADB’s Resettlement Policy and ADB's Policy on Indigenous People • PLN's compensation policy. Presidential Decree No. 55/1993 on Land Acquisition for the Development of the Public Interest defines options for compensation including cash, substitute land, formal land title, and resettlement; emphasizes the importance of community consultation for agreement with the affected people on the form and the amount of compensation; and specifies grievance procedures for landowners. The Regulation of the Minister of State for Agrarian Affairs and National Land Agency No. 1 of 1994 on Operational Directive of the Decree 55/93 on the Acquisition of Land for the Construction in the Public Interest is the enabling regulation for implementing the Decree. These policies and laws are consistent with the policy on Involuntary Resettlement of the ADB. The Bank's policy on Involuntary Resettlement is set out in the Involuntary Resettlement Policy (November 1995), and in the Handbook on Resettlement (1998). This resettlement policy has the following objectives and principles: • Involuntary resettlement should be avoided where feasible. • Where population displacement is unavoidable, it should be minimized by

exploring all viable options. • People unavoidably displaces should be compensated and assisted, so that

their economic and social future would be generally as favorable as it would have been in the absence of the project.

• People affected should be informed fully and consulted on resettlement and compensation options.

• The absence of a formal legal title to land by some affected group should not be a bar to compensation

• Particular attention should be paid to women and other vulnerable groups, and appropriate assistance provided to help them improve their status.

• As far as possible, involuntary resettlement should be conceived and executed as a part of the project.

• Land occupation will begin only after full compensation. PLN carries out land acquisition, compensation and resettlement of its power projects in accordance with the Indonesian Laws and Regulations. PLN's compensation policy was introduced in 1996 with PLN's General Policy Concerning the Establishment of Overhead Transmission Lines, which is also

Short RAP Lobong (September 2000) 10/43

applied to generation projects. For the ADB funded Renewable Energy Development and Power Transmission Improvement Sector Project, ADB principles are applied as well.

4.2 Eligibility

All affected persons losing land, buildings, plants and other objects related to the land will be compensated and rehabilitated in accordance to the type and amount of their losses (Presidential Decree No. 55/1993, Art. 12). Compensation is also given to persons using land without any titles (Regulation No. 1/1994, Art 20). All affected persons losing land, buildings, plants and other objects related to the land will be compensated and rehabilitated in accordance to the type and amount of their losses (Presidential Decree No. 55/1993, Art. 12). Compensation is also given to persons using land without any titles (Regulation No. 1/1994, Art 20). Compensation will be provided at the same replacement rates to all afceted persons including holders of hak milik (ownership rights); hak guna usaha (exploitation rights); hak guna bangun (building rights); hak pakai (use rights); adat or ulayat (customary rights). This provision applies also to long-term squatters on government land. People cultivating or settling on affected land after the cut-off date (April 31, 2002) will not be eligible to compensation.

4.3 Entitlements

According to Art. 12 of the Presidential Decree No. 55/1993, affected persons are entitled to compensation in the form of (i) cash, (ii) land for land, (iii) resettlement (substitution for houses), (iv) any combination of these compensation forms or (v) other form of compensation which are agreed by parties concerned, such as provision of infrastructure facilities for the community in compensation for community land. Based on the analysis of the impact of the project, an Entitlement Matrix has been prepared as a guide to compensation payments (see Table 3 below). The Matrix describes eligibility and payments according to the type of loss.

Table 3: Entitlement Matrix

Type of Losses

Entitlement Compensation Policy Other Measures

Permanent land loss

Legal owners of land and owners without title

• cash compensation at replacement cost, or

• land in substitution (land for land)

• for land owned by the community: compensation in form of provision of infrastructure facilities

• Training for project-related construction and operational jobs

Short RAP Lobong (September 2000) 11/43

Type of Losses

Entitlement Compensation Policy Other Measures

Severely affected (>30% of their land lost)

• As above • Special rehabilitation allowance of 1.500,000 Rps or the value of the yearly product of lost land whichever the highest.

Temporary land loss

Legal owners of land and owners without title

• cash compensation at market rates

• contractor has to restore the land to its original condition

Houses and structures

Owner of the structure

• cash compensation at replacement rates

• or resettlement (house for house)

• moving (transport) allowance

• rehabilitation allowance

Trees and Crops

Persons who utilize the land where trees and crops are located

• trees: cash compensation at market rates

• crops: cash compensation at market rates

• replantation or production loss considered

Business losses *)

Owners of the affected business

• cash compensation

* No business losses have been identified in association with the construction of the Lobong subproject

4.4 Compensation Rates

For the land acquisition at Lobong PLTM, the compensation rates have been defined and agreed with the affected persons on 8 Jan 2002 as given in the table below. The signed agreements between the affected people and the Head of Passi District on the compensation payments are provided in Appendix IV.

Table 4: Compensation Rate for Land Acquisition

No. Item Unit Compensation Rate (Rp.)

No. Item Unit Compensation Rate (Rp.)

1 House Unit 2,500,000*) 21 Kayu Manis no. 75,000 2 Land m2 9,000 22 Kapuk no. 100,000 3 Alpukat (Avocado) no. 100,000 23 Langsat (B) no. 125,000 4 Bambu (bamboo) no. 250,000 24 Langsat (K) no. 50,000 5 Coklat (B) no. 100,000 25 Mangga (B) no. 75,000 6 Coklat (K) no. 50,000 26 Mangga (K) no. 50,000 7 Cengkeh (B) no. 350,000 27 Manggis no. 150,000 8 Cengkeh (K) no. 200,000 28 Matoa no. 100,000 9 Cempaka (K) no. 150,000 29 Nangka no. 50,000

10 Durian (B) no. 1,000,000 30 Nantu (kecil) no. 75,000 11 Durian (K) no. 250,000 31 Nenas no. 2,500 12 Gora no. 10,000 32 Pisang no. 25,000 13 Jeruk no. 75,000 33 Pepaya no. 10,000 14 Jambu no. 50,000 34 Rica no. 10,000 15 Kelapa (B) no. 150,000 35 Rambutan (B) no. 75,000 16 Kelapa (K) no. 35,000 36 Rambutan (K) no. 50,000 17 Kopi (B) no. 20,000 37 Saguer no. 25,000 18 Kopi (K) no. 10,000 38 Sagu no. 300,000 19 Kemiri (B) no. 100,000 39 Salak no. 75,000 20 Kemiri (K) no. 25,000 40 Sirsak no. 50,000

Short RAP Lobong (September 2000) 12/43

Note: B = big, K = small *) The relatively high value of the temporary house is explained by its location at the main road.

Short RAP Lobong (September 2000) 13/43

5. Consultation and Grievance Redress Participation

5.1 Consultation

The entire land acquisition and resettlement program will be carried out with participation of and in consultation with the affected persons. The public consultation process for the Project began in 1996/7 with a series of surveys by PT PLN and Worley International in association with PT. Citra Buana Selaras Consulting Engineers and Management while they were preparing the land acquisition and compensation report for the project. Various methodologies were used for the consultations, such as: • surveys of affected people • formal and informal interviews with affected people on a household basis

discussions with village leaders • community meetings with affected people and other stakeholders Since then several consultations have been held with the affected persons of Lobong PLTM, as shown in the table below. During the consultations information on the project was communicated and the opinion of the affected people registered. During the consultations in June 2001 and March 2002, the affected people agreed with the project, and expressed their expectations to profit from the project, in particular from the access road, a new bridge on the access road, and from improved street lighting and better access to electricity in general.

Table 5: Recent Consultations held with APs

Date Location Issues Participants 12-14 Nov 2001 Lobong and

Poyuyanan Impact survey and informal discussions

All affected Families

19 Sep 2001 Kotamo-bagu

Consultation with stakeholders

BAPPEDA, local government organizations

19 Sep 2001 Kotamo-bagu

Consultation with local NGOs

various NGOs

8 Jan 2002 Lobong Information and consultation on Lobong PLTM Project Development

Head of Passi District, Heads of Lobong and Poyuyanan villages, affected people, informal villages leaders (see Appendix VI)

8 Jan 2002 Lobong Agreement on price of land and plants

Head of Passi District, Heads of Lobong and Poyuyanan villages, PLN, representatives of affected people (see Appendix V)

9 Mar 2002 Lobong Assessment of impacts

Head of Passi District, Heads of Lobong and Poyuyanan villages, PLN representatives of Kotamobagu and Manado, affected people

Consultation notes and agreements resulting from the consultations are provided in Appendix V.

Short RAP Lobong (September 2000) 14/43

The consultation process will continue during the further stages of project development and implementation, as shown in the table below.

Table 6: Public Participation Plan

Purpose of Event Form of Event Implementing Agencies

Target Participants

Remarks

Before Implementation of Resettlement Plan Conduct inventory and census survey

Site investigation and measurement and household interviews

PT PLN Project Office, LAC

All APs • inventory of all assets and land holdings

• collect socio-economic data

Provide briefings to APs on Project & LARP. Solicit com-ments from APs.

Public & community meetings

PT PLN Project Office, LAC, village committees

All APs, stakeholders

• meetings to be held in each village

• undertake discussions with various focus groups to solicit comments & suggestions

Public announcement

Public & community meetings and focus groups, posters

PT PLN Project Office, LAC, village committees

All APs • inform APs about their land acquisition impacts, policy and compensation standards

Negotiation of compensation rates

Individual nego-tiations; group negotiation

PT PLN Project Office, LAC, village com-mittees, NGO / university, if required

All APs • negotiation between APs and PLN assisted by LAC

• agreement on compensation rates

Disclosure of LARP Public announcement

PT PLN Project Office, village head

All APs • disclosure of LARP • distribution of information

booklet to APs During Implementation of Resettlement Plan Inform APs and beneficiaries of project progress, final design, and timing

Community meet-ings and focus groups

PT PLN Project Office, village committee

APs, stake-holders, be-neficiaries

• meetings to be held with APs and with beneficiary population

Conduct final inventory and census surveys

Household interviews; site investigations & measurement

PT PLN Project Office, LAC (National Land Agency BPN), village committees

All APs • inventory of all assets and land holdings

• collect additional socio-economic data

Advise APs of en-titlements and dates of disbursement

Public meetings PT PLN Project Office, LAC, village committees

All APs • public meetings to outline entitlements

Disbursement of compensation

group meeting with APs

PT PLN Project Office, LAC, NGO / univer-sity, if required

All APs • disbursement of compensation to APs in the presence of wit-nesses

After Resettlement and Compensation Monitoring and Evaluation (during resettle-ment)

Household interviews, group discussion, site investigation

PT PLN Project Office, LAC, external monitor

All APs or random sample depending on # of APs

• monitoring of compensation payments and compensation in kind

• monitoring of land evacuation • monitoring of rehabilitation

measures Monitoring and Evaluation (six months after end of resettlement)

Household interviews, group discussion, site investigation

PT PLN Project Office; independent external monitor.

All APs or random sample depending on # of APs

• monitoring of rehabilitation measures

• monitoring of any grievances

Monitoring and Evaluation (after the end of construction)

Household interviews, group discussion, site investigation

independent external monitor

All APs or random sample depending on # of APs

• monitoring of results of the resettlement program

• assessment of rehabilitation and satisfaction of APs

5.2 Disclosure of the Resettlement Plan

This Land Acquisition and Resettlement Plan will be translated in Bahasa Indonesia and handed over to the village head who will make it available to anyone wishing to consult the document. Copies in Bahasa Indonesia will also be available at the respective PLN Project Office. In addition a booklet in Bahasa

Short RAP Lobong (September 2000) 15/43

Indonesia summarizing the Compensation Policy Framework and Procedural Guidelines will be distributed to all affected families. Copies of the Land Acquisition and Resettlement Plan and the Compensation Policy Framework and Procedural Guidelines in English will be available at the ADB Headquarters in Manila and the ADB Resident Mission in Jakarta, as well as on ADB's website.

5.3 Grievance Procedure

Consultation and participation of the APs should serve to minimize the occurrence of major grievances. However, in order to ensure that the affected people have avenues for redressing their grievances related to any aspect of land acquisition and resettlement, complaints and grievance procedures have been established for the Project, in accordance with the Presidential Decree No. 55/1993, Art. 19-21 and Regulation No. 1/1994, Art. 18 & 22: 1. Any grievances should first be addressed to the respective PLN Project

Office of the regional PLN. 2. If the issue cannot be resolved satisfactorily in direct discussion between

PLN and the AP, the AP can then appeal to the respective Land Acquisition Committee No. Nine for assistance in the negotiation. The Land Acquisition Committee is chaired by the Head of the Regency (Bupati) and has the power to decide the matter.

3. If the AP is still not satisfied with the response then he has the legal right to submit the appeal to the Governor of the Province.

In addition to the above steps to obtain the solution of grievances the APs unsatisfied by the Bupati office decisions will have access to the appropriate courts of law The AP may request the village leader or the independent monitoring agency (NGO or university) to assist in proceeding his complaint. The grievance lodged by an affected person can relate to any aspect of the land acquisition and resettlement program, including the compensation rates being offered for their losses.

Short RAP Lobong (September 2000) 16/43

6. Compensation, Relocation and Income Restoration

6.1 Compensation

Compensation rates and any kind of allowances, if applicable, are negotiated between the affected people and PLN with assistance from the Land Acquisition Committee of the respective district. The agreements reached during the negotiations are signed in a comprehensive meeting by the affected people or their representatives, the Land Acquisition Committee and PLN. Compensation payments are disbursed by PLN to the respective Land Acquisition Committee, which in turn will disburse the payment to the affected people against receipt in the presence of witnesses.

6.2 Relocation

One temporary house has to be moved from the project affected area, but no household has to be relocated.

6.3 Income Restoration

Three land owners will have to cede more than 30% of their land to the project (30%, 36% and 88%, respectively). They have negotiated compensation payments for land and/or trees above the current value of these assets. The compensation payments will thus enable them to buy more land or trees, and of a higher quality, than they owned before. In particular the AP who loses 88% of his land plans to buy rice fields with a higher productivity than the land next to the river which he has to sell. Although he derives his main livelihood from his land, he also holds a government job which contributes to his income. In all three cases, no additional provisions for income restoration beyond the cash payments are required, since the compensation will make the affected people better off than without the project. PLN has agreed to give preference to the APs and local people when recruiting construction workers and operational personnel.

Short RAP Lobong (September 2000) 17/43

7. Institutional Framework

An institutional framework has been developed for this Project in order to ensure timely establishment and effective functioning of appropriate organizations mandated to plan and implement land acquisition, compensation, relocation, income restoration and livelihood programs. The main institutions involved in the preparation and implementation of the Land Acquisition and Resettlement Plan are: • PT PLN as the executing agency • the local government institutions represented in the Land Acquisition

Committee (LAC) No. Nine according to Presidential Decree No. 55/1993, Art. 6&7

• Non-governmental organizations (NGOs or universities) The roles of these institutions in the resettlement process are summarized in the table below.

Table 7: Institutional Framework for Resettlement Issues

Institution/ Organization

Responsibilities

PT PLN • budgeting, financing, implementation and co-ordination of all land acquisition and resettlement-related activities

PLN Social Development Unit (SDU) within central Project Manage-ment Unit (PMU)

• co-ordination of all LARP activities within the sector project • internal monitoring and appointment of NGOs for external monitoring of

resettlement activities • review of monitoring reports and remedial actions, when necessary • reporting to ADB

Local Project Office (local PMU)

• detailed census surveys, in association with respective levels of governments.

• obtaining of authorization for land use and house/structure demolition. • implementation of al LARP activities for the respective project • special measures for the income and livelihood rehabilitation of APs • public consultation and participation programs • direct negotiation of compensation with AP, if required with assistance of

LAC • witnessing of disbursement of compensation payments by LAC to AP • internal monitoring

Land Acquisition Committee No. Nine (LAC) and its member organizations/ agencies

• detailed inventory survey on land, buildings, vegetation, and other assets • identification of the legal status of the land • determination of compensation value of the land and other assets • information of the land owners about the development plan and the

objectives of land acquisition • negotiations on behalf of the APs with PLN on the form and amount of

compensation • disbursing and witnessing delivery of compensation money to the owners

of land and other assets • dealing with grievance cases

NGOs/university • external monitoring of compensation payments and implementation of resettlement plan

• representation of AP interests, if required

Short RAP Lobong (September 2000) 18/43

8. Resettlement budget and financing

PT PLN will be responsible for the budgeting and financing of land acquisition and resettlement costs under the Project. Based on the impact survey shown in Appendix II and the compensation rates for land acquisition shown in Table 4, the budget for land acquisition and resettlement for the Lobong PLTM Project is estimated at Rp. 835 million. This amount includes compensation payments, committee honorarium, administration and operational costs according to the Regulation of the Minister of State for Agrarian Affairs and National Land Agency No. 1 of 1994. When 10% contingencies, 5% tax on land and structures, and costs for monitoring and evaluation are added, the total budget amounts to 972 million Rp.

Table 8: Land Acquisition and Resettlement Costs

Item Amount (Rp) Land 468,981,000 Houses/Structures 2,500,000 Trees/Crops 331,420,000

Subtotal 802,901,000 Committee Honorarium (1%) 8,029,010 Administration (2%) 16,085,020 Operational Cost (1%) 8,029,010 Subtotal 835,017,040 Land Tax (5%) 23,574,050 Contingencies (10%) 83,501,704 Monitoring and Evaluation 30,000,000 Total 972,092,794

The detailed cost breakdown is provided in Appendix III. Cost estimates will be adjusted annually based on the inflation rate of the previous year.

Short RAP Lobong (September 2000) 19/43

9. Implementation Schedule

Based on the time schedule of the Project, a preliminary implementation schedule for the land acquisition and resettlement has been prepared (see Appendix VI). The guiding principles for the implementation schedule are: • Land acquisition, land evacuation and demolition of houses must be

completed within the preparatory stage of the engineering construction and before the beginning of relevant civil engineering works.

• It must be ensured that all APs, prior to their physical relocation will have: i) been adequately consulted about the Project, its impacts and compensation entitlements; ii) received compensation payments in a timely manner; and iii) provided with means to establishing livelihood.

• No person or family will be asked to relocate unless the above steps have been completed.

Short RAP Lobong (September 2000) 20/43

10. Monitoring and evaluation

As a policy requirement of the ADB, both internal and external monitoring of the Resettlement Plan are carried out. • Internal monitoring will be conducted by PLN. • External monitoring will be assigned to an independent monitoring agency,

such as a qualified NGO or a university. The independent monitoring agency will be commissioned to monitor the compensation and resettlement process, and to conduct post-evaluation of the resettlement program six month after the completion of resettlement and again after the end of construction to assess whether the resettlement objectives have been achieved.

Data and information will be gathered through various methodologies, such as : • interviews with affected households • discussion with village leaders • community meetings • questionnaires surveys • specific focus group interviews with vulnerable persons • site investigation. Monitoring takes place against the activities, entitlements, time frame and budget set out in this resettlement plan. Monitoring indicators are provided in the Compensation Policy Framework and Procedural Guidelines. PLN will be responsible for any remedial action needed to address unresolved resettlement issues and concerns. Reporting periods are as follows: • Internal monitoring reports will be prepared every 6 weeks during the

resettlement phase, and every 3 months thereafter. • PLN will report to ADB in the form of quarterly progress reports. • External monitoring reports will be prepared after each monitoring exercise;

they will be integrated into the biannual reports submitted to ADB.

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 21/43

LOBONG PLTM LAND ACQUISITION AND RESETTLEMENT PLAN APPENDICES

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 22/43

Appendix I: Maps of Project Location

Location Map Site Plan Layout

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 23/43

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 24/43

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 25/43

Appendix II: Impact Assessment

Lobong2.xls

Note: Family heads have to be added to number of family members.

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 26/43

Appendix III: Impacts on Land and Trees/Crop

Location : Lobong PLTMRegency : Bolaang MongondowDistrict: Passi

No. Owner Name Locationa. Hamlet Description Quantity/area Unitb. Villagec. District

1 Pangasin Potabuga a. Land 1,138 M2 9,000 10,242,000b. Poyuyanan Kelapa besar 11 trees 150,000 1,650,000c. Passi Coklat besar 6 trees 100,000 600,000

Mangga 1 trees 75,000 75,000Pisang 40 25,000 1,000,000Pepaya 5 trees 10,000 50,000Kemiri kecil 2 trees 25,000 50,000Kemiri besar 2 trees 100,000 200,000Nenas 50 trees 2,500 125,000House 1 house 2,500,000 2,500,000

16,492,000

2 Awal Ulot a. Land 2,500 M2 9,000 22,500,000b. Lobong Kelapa besar 1 trees 150,000 150,000c. Passi Pisang 28 25,000 700,000

Kemiri kecil 1 trees 100,000 100,000Kemiri besar 9 trees 25,000 225,000

23,675,000

3 Amun Potabuga a. Tanah 2,682 9,000 24,138,000b. Lobong Kelapa besar 17 150,000 2,550,000c. Passi Kopi besar 1 20,000 20,000

Langsat 6 125,000 750,000Mangga 1 75,000 75,000Pisang 4 25,000 100,000Saguer 3 25,000 75,000Bambu 3 250,000 750,000Nantu kecil 65 75,000 4,875,000

33,333,000

Nomination List of Land and Plant

Land area & Type of trees/cropsUnit Price

(Rp.) Total (Rp.) Remarks

Daftar nominatif tanah dan tanamanKecamatan Passi Kab. Bolaang Mongondow

lobong-lan &tress nomination.xls

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 27/43

No. Owner Name Locationa. Hamlet Description Quantity/area Unitb. Villagec. District

4 Pangasin Potabuga a. Tanah 3,096 9,000 27,864,000b. Poyuyanan Kelapa besar 47 150,000 7,050,000c. Passi Kopi besar 6 20,000 120,000

Langsat 5 125,000 625,000Jeruk 7 75,000 525,000Durian besar 1 1,000,000 1,000,000Mangga 9 75,000 675,000Nangka 1 50,000 50,000Cengkeh 11 350,000 3,850,000Manggis 3 150,000 450,000Rambutan 3 75,000 225,000Sagu 4 300,000 1,200,000Bambu 6 250,000 1,500,000Nantu kecil 15 75,000 1,125,000Salak 8 75,000 600,000Kayu Matoa 1 100,000 100,000

46,959,000

5 Imen Budiman a. Tanah 7,380 9,000 66,420,000b. Lobong Kelapa besar 137 150,000 20,550,000c. Passi Kelapa kecil 111 35,000 3,885,000

Kopi besar 323 20,000 6,460,000Coklat besar 427 100,000 42,700,000Langsat 66 125,000 8,250,000Jeruk 2 75,000 150,000Durian besar 1 1,000,000 1,000,000Mangga 31 75,000 2,325,000Cengkeh besar 38 350,000 13,300,000Manggis 12 150,000 1,800,000Rambutan 29 75,000 2,175,000Pisang 237 25,000 5,925,000Rica 30 10,000 300,000Sagu 2 300,000 600,000Bambu 12 250,000 3,000,000Kemiri besar 1 100,000 100,000Kayu manis 1 75,000 75,000

Land area & Type of trees/cropsUnit Price

(Rp.) Total (Rp.) Remarks

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 28/43

No. Owner Name Locationa. Hamlet Description Quantity/area Unitb. Villagec. District

Nantu kecil 22 75,000 1,650,000Nenas 925 2,500 2,312,500Cengkeh kecil 11 200,000 2,200,000Durian kecil 23 250,000 5,750,000

190,927,500

6 Ahmad Mokodampit a. Tanah 5,865 9,000 52,785,000b. Poyuyanan Kelapa besar 72 150,000 10,800,000c. Passi Kelapa kecil 2 35,000 70,000

Kopi besar 13 20,000 260,000Langsat 27 125,000 3,375,000Jeruk 2 75,000 150,000Durian besar 1 1,000,000 1,000,000Mangga 4 75,000 300,000Nangka 3 50,000 150,000Cengkeh besar 60 350,000 21,000,000Rambutan 2 75,000 150,000Pisang 11 25,000 275,000Bambu 8 250,000 2,000,000Nantu kecil 2 75,000 150,000Durian kecil 2 250,000 500,000

92,965,000

7 Guntur Potabuga a. Tanah 2,401 9,000 21,609,000b. Poyuyanan Kelapa besar 17 150,000 2,550,000c. Passi Kelapa kecil 6 35,000 210,000

Kopi besar 59 20,000 1,180,000Kopi kecil 27 10,000 270,000Coklat besar 48 100,000 4,800,000Langsat 7 125,000 875,000Durian besar 2 1,000,000 2,000,000Mangga 5 75,000 375,000Rambutan besar 8 75,000 600,000Pisang 40 25,000 1,000,000Pepaya 2 10,000 20,000Gora 1 10,000 10,000Saguer 1 25,000 25,000

Land area & Type of trees/cropsUnit Price

(Rp.) Total (Rp.) Remarks

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 29/43

No. Owner Name Locationa. Hamlet Description Quantity/area Unitb. Villagec. District

Bambu 7 250,000 1,750,000Alpukat 1 100,000 100,000Nantu kecil 6 75,000 450,000Rambutan kecil 11 50,000 550,000Durian kecil 2 250,000 500,000

38,874,000

8 Ahmad Mokodampit a. Tanah 8,248 9,000 74,232,000b. Lobong Kelapa besar 41 150,000 6,150,000c. Passi Kelapa kecil 2 35,000 70,000

Kopi besar 10 20,000 200,000Coklat besar 3 100,000 300,000Langsat 15 125,000 1,875,000Mangga 4 75,000 300,000Pisang 27 25,000 675,000Pepaya 1 10,000 10,000Sagu 4 300,000 1,200,000Nenas 15 2,500 37,500

85,049,500

9 Guntur Potabuga a. Tanah 2,946 9,000 26,514,000b. Lobong Kelapa besar 30 150,000 4,500,000c. Passi Kelapa kecil 4 35,000 140,000

Kopi besar 7 20,000 140,000Kopi kecil 3 10,000 30,000Coklat besar 118 100,000 11,800,000Coklat kecil 31 50,000 1,550,000Langsat besar 2 125,000 250,000Jeruk 1 75,000 75,000Durian besar 2 1,000,000 2,000,000Mangga 4 75,000 300,000Cengkeh besar 9 350,000 3,150,000Rambutan 1 75,000 75,000Pisang 40 25,000 1,000,000Alpukat 4 100,000 400,000Langsat kecil 6 50,000 300,000Mangga kecil 2 50,000 100,000Durian kecil 1 250,000 250,000

52,574,000

Land area & Type of trees/cropsUnit Price

(Rp.) Total (Rp.) Remarks

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 30/43

No. Owner Name Locationa. Hamlet Description Quantity/area Unitb. Villagec. District

10 Inal Mokodongan a. Tanah 5,264 9,000 47,376,000b. Poyuyanan Kelapa besar 22 150,000 3,300,000c. Passi Kelapa kecil 86 35,000 3,010,000

Kopi besar 8 20,000 160,000Coklat besar 13 100,000 1,300,000Jeruk 3 75,000 225,000Mangga 13 75,000 975,000Rambutan besar 7 75,000 525,000Pisang 50 25,000 1,250,000Pepaya 3 10,000 30,000Gora 3 10,000 30,000Saguer 4 25,000 100,000Kemiri Besar 14 100,000 1,400,000Alpukat 1 100,000 100,000Kayu manis 1 75,000 75,000Nantu kecil 10 75,000 750,000Nenas 2,450 2,500 6,125,000Durian kecil 2 250,000 500,000

67,231,000

11 Edi Budiman a. Tanah 668 9,000 6,012,000b. Poyuyanan Kelapa besar 10 150,000 1,500,000c. Passi Kelapa kecil 4 35,000 140,000

Kopi besar 68 20,000 1,360,000Coklat besar 42 100,000 4,200,000Langsat 4 125,000 500,000Jeruk 1 75,000 75,000Durian besar 2 1,000,000 2,000,000Mangga 1 75,000 75,000Pisang 17 25,000 425,000Durian kecil 3 250,000 750,000

17,037,000

Land area & Type of trees/cropsUnit Price

(Rp.) Total (Rp.) Remarks

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 31/43

No. Owner Name Locationa. Hamlet Description Quantity/area Unitb. Villagec. District

12 Suryanto Kodomon a. Tanah 5,343 9,000 48,087,000b. Poyuyanan Kelapa besar 57 150,000 8,550,000c. Passi Kelapa kecil 21 35,000 735,000

Kopi besar 306 20,000 6,120,000Kopi kecil 17 10,000 170,000Coklat besar 15 100,000 1,500,000Langsat 29 125,000 3,625,000Jeruk 15 75,000 1,125,000Durian 8 1,000,000 8,000,000Mangga 12 75,000 900,000Cengkeh 3 350,000 1,050,000Manggis 3 150,000 450,000Rambutan 2 75,000 150,000Pisang 24 25,000 600,000Rica 5 10,000 50,000Pepaya 1 10,000 10,000Gora 1 10,000 10,000

81,132,000

13 Hamdan Mokoago a. Tanah 31 9,000 279,000b. Poyuyanan Kelapa kecil 2 35,000 70,000c. Passi Kopi besar 2 20,000 40,000

Coklat besar 1 100,000 100,000Coklat kecil 2 50,000 100,000Langsat 2 125,000 250,000Durian 1 1,000,000 1,000,000Mangga 1 75,000 75,000Pisang 1 25,000 25,000Langsat kecil 2 50,000 100,000

2,039,000

14 Asaat Mokodompit a. Tanah 547 9,000 4,923,000b. Poyuyanan Kelapa besar 9 150,000 1,350,000c. Passi Kopi besar 38 20,000 760,000

Kopi kecil 13 10,000 130,000Coklat besar 6 100,000 600,000Coklat kecil 1 50,000 50,000Langsat 3 125,000 375,000Jeruk 2 75,000 150,000Mangga 1 75,000 75,000

8,413,000

Land area & Type of trees/cropsUnit Price

(Rp.) Total (Rp.) Remarks

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 32/43

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 33/43

Appendix IV: Signed Agreements on Compensation Payments

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 34/43

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 35/43

Note: This list is also shown in Chapter 4.4

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 36/43

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 37/43

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 38/43

Appendix V: Consultation Notes

Project: Lobong Mini-hydroelectric power plant, Bolaang Mongondow Regency, North Sulawesi

Place: Kotamobagu, Capital of Bolaang Mongondow Regency Date: 19 September, 2001 Subject: Consultation with stakeholders regarding their opinion on the

project and identification of project impacts (for Lobong PLTM and Poigar 2 PLTM)

Participants Function Organization Li Mou Edi Cahyono Jouke Namangge Franky Mewengkeng Toufik Christoffel Bahang M. Jauhari Ramlan Tegema D. Kaesang Irianto A. Paputungan H.W. Mongi J. Damopolii I.R. Thalib Harya S Jadima Purba HN. Marpaung F.E. Sakul J. Loleh Hartono

Poverty Specialist Socio-economic Analyst Head Head, Planning Division Head Head Staff Staff Staff Head of Division Staff Staff Member of D Commission of DPR Staff Customer Service KSRD KSKD KSRK KBDK

FICHTNER IKJ PT PLN Kotamobagu PT PLN Wilayah RPA, Kotamobagu DPRD, PDIP Party, Kotamobagu DOE, Kotamobagu BAPPEDA, Kotamobagu DOT, Kotamobagu GA, Kotamobagu HD, Kotamobagu DPRD, PAN Party, Kotamobagu DPRD, P3 Party, Kotamobagu DPRD, P3 Party, Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu

Issues discussed: • Benefits of the OIE Project to local industry, agriculture, fishery, health and

education services and so on • Electricity demand • Power supply problems • Land acquisition and resettlement impacts • LAR compensation • Unequal distribution of electricity between different regions and cities • Impacts of electricity supply on the poor • Credit provision to the poor • Cooperation between PT PLN and other local government organizations

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 39/43

Project: Lobong Mini-hydroelectric power plant, Bolaang Mongondow Regency, North Sulawesi

Place: Kotamobagu, Capital of Bolaang Mongondow Regency Date: 19 September, 2001 Subject: Consultation with local NGOs regarding the major problems

faced by the poor and mechanisms to make the project successful (for Lobong PLTM and Poigar 2 PLTM)

Participants Function Organization Li Mou Edi Cahyono Ridwan Naukoko Efendy A. Kadir Reggie Manoppo Jouke Namangge Franky Mewengkeng Sudjono Sumanta Yuhanti Ayuba Hartono Jadima Purba Harya S Ruslani Mokodompit Mursid Manoppo Efendy Muda Veri Dilapanga Harson Isente Herly Manolusaye Nayoko Koerniawan Intan Mokodompit

Poverty Specialist Socio-economic Analyst Staff Staff Staff Staff Head of Planning Div. Staff of Planning Div. Staff Staff Staff Staff Head Member Head Head Head Member Member Gender Division

FICHTNER IKJ Bomber NGO, Kotamobagu Bomber NGO, Kotamobagu Bomber NGO, Kotamobagu PT PLN Kotamobagu PT PLN Wilayah, Manado PT PLN Wilayah, Manado LSM Mohutak, Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu PT PLN Kotamobagu LAGOWA NGO, Kotamobagu LAGOWA NGO, Kotamobagu Molintak NGO, Kotamobagu PK NGO, Kotamobagu YLBH-BM, Kotamobagu Molintak NGO, Kotamobagu Malintak NGO, Kotamobagu Malintak NGO, Kotamobagu

Issues discussed: • Major activities of NGOs • Importance for local people to know about the Project and its impacts • Institutionalizing Information dissemination • Importance for fair compensation of land acquisition • Mechanism to prevent the loss of LAR fund • Importance for NGO’s involvement in the land acquisition and resettlement

process • Consideration of social and cultural differences • Importance to empower community people • Local people’s involvement in impact assessments

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 40/43

Project: Lobong Mini-hydroelectric power plant, Bolaang Mongondow Regency, North Sulawesi

Place: villages of Lobong and Poyuyanan, District of Passi Date: 12-14 November, 2001 Participants: All Affected Families Method: individual interview Data collector: BPS Results: • In principle land owners (APs) agree with the land acquisition by P.T. PLN as long

as it is compensated in agreement between both parties. • The APs have discussed with the village leader how to determine the price of

properties to be acquired. The compensation shall be provided for the affected land and trees on the land.

• The updated landowner’ names, area of land to be acquired, and sorts of trees have been identified by BPS.

• The affected land owners are the same as according to the survey results of 1995, with the exception of two owners, how have sold the land to other people, namely:

Former Owners New Owners 1. Benyamin Pelabuga Zakaria Mokoginta 2. Nanang Mokoginta Edy Mokoginta

• APs at Payuyanan village agree with the OIE project and the compensation price

as signed by the village leader. • Most of the APs (land owners) have other land at another village. Most of them

intend to do agricultural activities in that land if some of their land is affected by the project.

APs suggestions: 1. “Socialization” (dissemination of information) of the project to all members of local community (not only the APs) is necessary (note: previously a survey was conducted by another institution which confused the local people). 2. P.T. PLN shall provide clear information regarding the nature of the project (including its advantages and disadvantages). 3. The prices for land and crops may be discussed with the APs in order to reach a negotiable price (already done). 4. It is expected that the project will develop an access road to the village. At present the road is in very poor condition; it is mentioned that the existing road is situated above a hot spring. 5. A better bridge instead of the existing bamboo bridge, shall be constructed, because the bridge will be used as an access to the orchard near the project site. 6. Illumination of the village, particularly along the road sides, is necessary.

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 41/43

Project: Lobong Mini-hydroelectric power plant, Bolaang Mongondow Regency, North Sulawesi

Place: Lobong Date: January 8, 2002 Participants: 1. Head of Passi District, 2. Head of Lobong village, 3. Head of

Poyuyanan village, 4. affected people, 5. informal leaders

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 42/43

Project: Lobong Mini-hydroelectric power plant, Bolaang Mongondow Regency, North Sulawesi

Place: Lobong Date: March 9, 2002 Participants: Affected People (5 people) local government (head of Passi District, village management

members), PLN representatives of Kotamobagu and Manado Method: group discussion Data collector. Consultant Result: • Based on observation in the field, it seems that direct impacts of the project to

properties are not significant. The project will be erected at a far distance from human settlements and is situated the river of Onggak Mongondow. It is clear that some trees, coconuts mostly, will be annexed for the project activities.

• The team has asked one of the APs (Mr. Potabuga) to confirm the difference between data collected by PLN and data from the previous LARP report. The discrepancy is due to the different time of data collection (the respondent has sold his land to other people), and the different form of data presentation (which one form showing “the total area of land ownership”, the other version reporting only “the affected land areas”).

• The local people seem to agree with the Lobong project, but they hope to get more access to electricity.

• The team has also asked the local formal leaders to identify “the project benefit areas”, include names of districts, villages, number of families and person. Beneficiaries shall be categorized based on gender (man and woman). Regional PLN office has agreed to coordinate with the local government to explore the data required and send it to OIEP office in Jakarta.

!

C:\DOCUME~1\ading\LOCALS~1\Temp\C.Notes.Data\Short RAP Lobong (September 2000).doc 43/43

Appendix VI: Implementation Plan

Implementation Plan v2.xls