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Resettlement Plan

June 2017

SOL: Tina River Hydropower Project

(Part 1)

Prepared by the Government of Solomon Islands for the Project Financiers.

CURRENCY EQUIVALENTS (as of 15 June 2017)

Currency unit – Solomon Islands dollar (SBD)

SBD1.00 = $0.13

NOTE

(i) In this report, "$" refers to US dollars.

This Land Acquisition and Livelihood Restoration Plan 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 of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. This Land Acquisition and Livelihood Restoration Plan (LALRP) provides a consolidated assessment and overall management measures to address project’s impacts. It has been prepared by the Solomon Islands Government to meet the applicable safeguards standard of the project financiers and should be read in conjunction with the Community Development Plan and Environment and Social Impact Assessment. Asian Development Bank (ADB) Involuntary Resettlement policy requirements have been considered and complied during the document preparation in anticipation of ADB funding although the document has not explicitly mentioned ADB and mainly referred to applicable World Bank safeguards policies. The tribal communities are not considered as Indigenous Peoples for the purposes of ADB Indigenous Peoples Policy application. Hence, ADB IP Policy has not been triggered. Nevertheless, all indicated measures in the LALRP are deemed applicable and required to be implemented under the ADB Involuntary Resettlement purview.

S olomon Is lands Government Ministry of Minesb E nergy and Rural E lectrification

Tina R iver Hydropo‘er Development Project (TR HDP)

April 2017

Land Acquis ition and L ivelihood Restoration Plan

Table of Contents

Introduction ....................................................................................................10

Objectives of the LALR P ..................................................................................10

The need for the LALR P ..................................................................................11

The development of the LALR P .......................................................................11

Information sources for the LALR P ..................................................................12

2 Project Description ........................................................................................14

Overvie‘ ..........................................................................................................14

Project Area .....................................................................................................14

The project elements .......................................................................................19

Construction and Operation of the TRHDP ......................................................21

Options considered to minimise resettlement impacts ......................................21

Dam and Po‘er S tation S ite Options ...............................................................21

Infrastructure Corridor S ite Options ..................................................................22

3 Land R equired for the Project .......................................................................24

Overvie‘ ..........................................................................................................24

The Core Land .................................................................................................24

Monitoring S ites ...............................................................................................24

Northern Infrastructure Corridor .......................................................................25

The Core Land .................................................................................................25

Northern Infrastructure Corridor .......................................................................26

Lungga Transmission Line Corridor .................................................................28

S ection 1 – The Tina Infrastructure Corridor ....................................................29

S ection 2c The Lungga corridor ........................................................................29

Monitoring S ites ...............................................................................................29

Use of the Tina R iver ‘ater ..............................................................................31

4 Policy and Legal Conte’t for the Land Acquisition and indigenous peoples 33

World Bank requirements .................................................................................33

Overvie‘ ..........................................................................................................33

OP 4.12c Involuntary R esettlement ..................................................................33

Indigenous peoples ..........................................................................................34

S olomon Islands la‘ ........................................................................................35

Overvie‘ ..........................................................................................................35

R egistered Land ..............................................................................................35

Customary land ................................................................................................36

Land acquisition for the Tina Hydro Project ......................................................36

Compulsory Acquisition ...................................................................................37

Compulsory Acquisition Po‘ers .......................................................................37

Procedures for compulsory acquisition .............................................................38

J udicial R emedies ............................................................................................40

Compensation ..................................................................................................40

Voluntary R egistration and Lease of Customary Land .....................................41

Overvie‘ of the LTA Division 1 Process ..........................................................41

Purchase or Lease Process .............................................................................42

Acquisition of registered land ...........................................................................42

The o‘nership situation ...................................................................................42

Legal process ..................................................................................................43

Gap Analysis – Involuntary R esettlement .........................................................43

Gap Analysis – Indigenous Peoples .................................................................50

5 Indigenous peoples safeguards ...................................................................56

Overvie‘ ..........................................................................................................56

Meeting World Bank Policy R equirements .......................................................56

World Bank Policy Policy R equirements ..........................................................56

Definition of Broad Community S upport ...........................................................59

Methods of Consultations and Affected Communities Broad Community S upport and F ree and Informed Participation ................................................................60

Conduct of Gender Inclusive Consultations .....................................................73

Broad Community S upport. ..............................................................................74

6 The Acquisition of the Land for the Tina Hydro Project ..............................79

Project planning access agreement .................................................................79

Acquisition of the Core Land ............................................................................80

Identification of customary o‘ners for the purpose of seeking freeb priorb informed consent .............................................................................................81

Consultations on the BLIC Process ..................................................................82

Identification of prospective Core Land Tribes follo‘ing identification of 7C S ite ........................................................................................................................85

Process Agreement Negotiation.......................................................................85

Public information distributed on the Process Agreement ................................87

Terms of Process Agreement ..........................................................................88

Advantages of Compulsory Acquisition ............................................................90

Acquisition Process ..........................................................................................91

6.2.8.1 Ministerial Declaration ............................................................................91

6.2.8.2 Consultation and A‘areness ..................................................................91

6.2.8.3 Independent Legal Assistance ...............................................................92

6.2.8.4 Land Valuation .......................................................................................92

6.2.8.5 Compensation Offers and Grievance Options ........................................93

Land based resettlement option .......................................................................95

E qual Benefit S haring ................................................................................95

Targeted measures for discadvantaged and vulnerable persons ...............97

Improved income generation and employment opportunities ................... 100

The acquisition of the registered land............................................................. 102

Northern Infrastructure Corridor – registered land .......................................... 102

Parcel One ........................................................................................................... 102

Parcel T‘o ........................................................................................................... 103

Parcel Three ........................................................................................................ 103

Parcel Four .......................................................................................................... 103

The Lungga transmission corridor .................................................................. 104

Information disclosureb consultation and participation .................................... 104

Free prior & informed consultation ................................................................. 104

Consultation Outcomes .................................................................................. 106

Project Implementation Consultation Mechanisms ......................................... 108

7 Profile of the ProjectcAffected People and Communities ......................... 110

Information sources ....................................................................................... 110

The Core Land o‘ners .................................................................................. 111

Population and affiliation ................................................................................ 111

R esidence ...................................................................................................... 111

Gender & age ................................................................................................ 113

The users of the Core Land ........................................................................... 115

Population affected by the Tina infrastructure corridor ................................... 117

E thnicity of the PAPs ..................................................................................... 118

Marital status ................................................................................................. 118

E ducational status of the PAPs ...................................................................... 119

Disabilities ..................................................................................................... 120

Household composition .................................................................................. 121

E conomy and livelihoods of the PAPs and Communities ............................... 122

Livelihoods .............................................................................................. 122

Livelihoods goals and strategies .............................................................. 122

S ubsistence activities of PAPs ................................................................ 123

7.10.3.1 Food production ................................................................................... 123

7.10.3.2 F ishing ................................................................................................. 123

7.10.3.3 Hunting ................................................................................................ 125

Cash generating activities ....................................................................... 126

Cash incomes ......................................................................................... 128

Access to land ......................................................................................... 129

Diets and utilisation of natural assets ...................................................... 129

S helter ..................................................................................................... 130

Household energy ................................................................................... 131

Vulnerable households .................................................................................. 131

8 Impacts of the Project on L ivelihoods ........................................................ 134

The main effects ............................................................................................ 134

Loss of commerciallycvaluable forest ............................................................. 134

Loss of nonctimber forest resources ............................................................... 135

Core land assets ............................................................................................ 135

Infrastructure Corridor assets ......................................................................... 136

E ffects on vulnerable persons and communities ............................................ 138

9 L ivelihoods R estoration .............................................................................. 140

Approach to livelihoods restoration ................................................................ 140

Livelihoods protection and restoration mechanisms ....................................... 140

Impacts and compensation and restoration responses .................................. 141

Asset values .................................................................................................. 142

E ntitlements Matri’ ........................................................................................ 143

Community Benefit S hare S cheme ................................................................ 153

A precoperation Community Benefit S hare Pilot ............................................. 153

Ongoing Community Benefit S hare from commencement of operation .......... 153

Institutional arrangements .............................................................................. 154

Project Office ................................................................................................. 154

The Developer ............................................................................................... 155

Independent S IA and livelihoods specialist .................................................... 156

Implementation scheduleb responsibilitiesb and budget .................................. 156

F inancing Arrangements ................................................................................ 163

10 Grievance R esolution .................................................................................. 171

Types of grievances ....................................................................................... 171

Grievance management approach ................................................................. 172

Mechanism for dealing ‘ith grievances .......................................................... 173

11 Monitoring .................................................................................................... 176

Purpose ......................................................................................................... 176

Organisation and roles ................................................................................... 176

Approach & Methods ..................................................................................... 177

12 R esettlement and L ivelihoods R estoration Frame‘ork for the Lungga Transmission Corridor ................................................................................................ 179

Background.................................................................................................... 179

Project planning and assessment .................................................................. 179

Preparation of a R esettlement Action Plan ..................................................... 180

Principles underpinning the R AP for the Lungga Transmission Corridor ........ 181

Potential livelihoods impacts of the Transmission Corridor ............................. 182

R esettlement and livelihoods restoration ........................................................ 183

Grievance mechanism ................................................................................... 188

Monitoring ...................................................................................................... 188

L ist of F igures

F igure 2c1 – Map of Project Location ...............................................................................15

F igure 2c2 Guadalcanal Island sho‘ing the location of the Tina Hydro project.................16

F igure 2c3 Key locationsb riversb villagesb and hydro infrastructure ...................................17

F igure 2c4 Project layout and study areas ........................................................................18

F igure 2c5 – Map of Malango/Bahomea Area ‘ithin Malango Ward .................................19

F igure 2c6 – Illustration of Project S cheme ......................................................................20

F igure 3c1 – Acquired Core Land .....................................................................................26

F igure 3c2 The location and boundaries of the lands required for the Tina Infrastructure Corridor .....................................................................................................................27

F igure 3c3 Appro’imate location of the various sections of the Tina access road (not to scale) ........................................................................................................................28

F igure 3c4 The appro’imate location of the catchment monitoring sites ...........................31

F igure 6c6c1 Map of Acquired Core Land .........................................................................80

F igure 6c2 Land Acquisition Timeline ...............................................................................84

F igure 6c6c3 Process Agreement S igning Ceremony before Prime Minister Gordon Darcy Lilob J uly 2014 ...........................................................................................................86

F igure 6c6c4 Female representative at signing of Process Agreement in J uly 2014 .........89

F igure 6c5 Tribal interests in the Core Land and Compensation Offered by Commissioner of Lands in August 2015 ............................................................................................95

F igure 6c6c6 Tribal member registration for Cocoperative S ocieties and photographs for bank account identification ‘ith Project Office – March 2016 (names removed for privacy) .....................................................................................................................96

F igure 6c6c7 c Member of R oha Cocoperative S ociety voting in secret ballot on the distribution of the land compensation payment ..........................................................99

F igure 6c6c8 – Chairperson of R oha Cocoperative S ocietyb Daniel Unab business launch – October 2016 .......................................................................................................... 101

F igure 7c7c1 The location of the Core Landb Tina infrastructure corridorb villagesb and census enumeration areas ...................................................................................... 114

F igure 7c7c2 ................................................................................................................... 116

F igure 7c7c3 Incidence of impairment or disability or in the Project Affected Communities* ................................................................................................................................ 121

F igure 7c4 Appro’imate locations of the main areas used for hunting and fishing e’peditions .............................................................................................................. 126

F igure 7c5 – Main sources of income 2009 .................................................................... 127

F igure 7c6 c Weekly cash incomes in S olomon Islands Dollars (S BD) for the sampled households in the study area ................................................................................... 128

F igure 7c7 Local use of traditional materials & ‘ood for d‘ellings and fuel .................... 131

F igure 8c1 Productive livelihood assets identified in the Core Land ................................ 135

F igure 9c1 Compensation and restoration plan: responsesb entitlementsb and implementation ........................................................................................................ 143

F igure 9c9c2 Vulnerable persons and ‘omen’s development ......................................... 151

F igure 9c3 R ecorded livelihoods assets on the acquired land (names of o‘ners removed for privacy) .............................................................................................................. 164

F igure 10c1 Grievance resolution process and options .................................................. 175

F igure 12c1 Impacts identification and management process ......................................... 181

L ist of Tables

Table 3c1 R egistered land required for the Tina infrastructure corridor ............................27

Table 4c1 – Acquisition Types ..........................................................................................37

Table 4c2 c Gaps bet‘een WB OP 4.12 and S olomon Islands la‘ regarding assets and livelihoods loss from land acquisition .........................................................................43

Table 5c1 – Project S takeholder and E ngagement Plan ...................................................60

Table 5c2 – S ummary of the timing and location of consultation undertaken by the Project Office .........................................................................................................................64

Table 5c3 – C lassification of settlements by Potential Project Impacts .............................68

Table 5c4 – Communities ‘here focal ‘orkshops ‘ere held in 2013 ...............................69

Table 5c5 – Incorporation of Feedback in Process Agreement .........................................75

Table 5c6 – Key issues raised by the affected indigenous peoples communities ..............77

Table 6c1 – Consultation Outcomes ............................................................................... 106

Table 7c1 – District R esidences of the R egistered Members of the Core Land O‘ning Tribes ...................................................................................................................... 112

Table 7c2 – Age and se’ profile of Core Land Tribes ..................................................... 113

Table 7c3 c Households and populations of the project neighbourhood (R iverb Core Landb and Infrastructure Corridor) ..................................................................................... 116

Table 7c4 c R esidences of o‘ners of individual assets in the Tina infrastructure corridor (may change) .......................................................................................................... 117

Table 7c5 c E ducational achievement in the project affected communities ..................... 119

Table 7c6 c Common agricultural activities in the projectcaffected communities* ............ 124

Table 7c7 c Household fishing in the projectcaffected communities* ............................... 124

Table 9c1 – Tina Hydro Livelihoods R estoration Plan Implementation S chedule ............ 157

Table 12c1 Lungga Transmission Corridor – resettlement and livelihoods restoration entitlements for involuntary land acquisition ............................................................ 185

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INTR ODUCTION

OBJ E CTIVE S OF THE L ALR P This document describes the actions that ‘ill be taken to avoidb minimiseb mitigateb and other‘ise manage the adverse impacts on peoples’ livelihoods of the land acquisition for the Tina R iver Hydropo‘er Development Project (TR HDP) in S olomon Islands. It also details the manner in ‘hich indigenous communities in the project area are involved in a ‘ay ‘hich ensures that the development process fully respects the dignityb human rightsb economiesb and cultures of Indigenous Peoples in the project area. It includes identification of measures to avoid potentially adverse effects on the Indigenous Peoples’ communities; or ‘hen avoidance is not feasibleb to minimizeb mitigateb or compensate for such effects. The LALR P also details ho‘ social and economic benefits are culturally appropriate and gender and intercgenerationally inclusive.

This LALR P provides consolidated assessment and management measures for the overall project. In turnb the project is covered by a number of policies ‘hich reflect international good practices for both private sector and public sector infrastructure investments. The LALR P has been prepared to meet the highest applicable standard of the World Bank safeguard policies concerning Involuntary R esettlement (OP 4.12) and Indigenous Peoples (OP 4.10)b and the requirements of S IGb for any particular aspect. The intention is to ensure that for all activitiesb the highest level of protection is afforded to the people and communities affected by the project and its components.

The goal of this Land Acquisition Livelihoods R estoration Plan (LALR P) is to achieve an equitable and sustainable outcome for the people and communities transferring or surrendering their o‘nership or use of land and livelihoods assets in order for the hydro development to proceed. This includes ensuring those directly affected by the development activities are involved in the planningb and have opportunities to participate in devising and implementing livelihoods impact mitigations and enhancements.

This plan has been prepared as part of the World Bank safeguard requirements ‘ith respect to the management of the impacts on local communities caused by the involuntary taking of land by the S olomon Islands Government for the TRHDP and/or by economic displacement of people in the project affected area. The requirements of the World Bank are described in Operational Policies 4.10 and 4.12.

The requirements under S olomon Islands’ la‘ relating to land acquisition and compensation are specified in the Land and Titles Act.

This plan complements the E nvironmental and S ocial Impact Assessment (E S IA) for the Projectb ‘hich has been prepared as a separate document ‘ith reference to funding agency safeguard requirements including World Bank Performance S tandards OP 4.03 and World Bank Operational Policies as they apply to the private entity developing the dam and po‘er house. Chapter 12 of the E S IAb ‘Assessment of S ociocE conomic Impacts’ and the E nvironmental and S ocial Management Plan in Chapter 13 of the E S IAb set out the socioceconomic and cultural impactsb and mitigation measuresb relating to the construction and

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operation of the Project. In additionb the LALR P complements the Community Development Plan (CDP) prepared to provide for culturally appropriate benefit sharing for Indigenous Peoples communities in the Bahomea and Malango areas. This LALR Pb ‘hich can be read together ‘ith the E S IA and CDPb looks specifically at the impacts of the acquisition of land and assets by the S olomon Islands’ Government (S IG).

THE NE E D FOR THE L ALR P The LALR P establishes the processes under ‘hich the communities affected by land acquisition are an integral part of the project and its benefits either directly or indirectly through the project’s development outcomes. As a key development premise of the Projectb no physical displacement of people ‘ill occur. All land selected for the Projectb including the dam siteb reservoirb po‘erhouseb access roadsb construction laycdo‘n areas quarriesb realignment and upgrade of the Black Post R oadb and the transmission line corridor along the Black Post R oad alignment is noncresidential land and no physical relocation of houses ‘ill be required.

Ho‘everb the Government’s land acquisitions could impact negatively on some peoples’ livelihoods assets and incomesb that isb there could be ‘economic displacement’. In these circumstancesband on the basis that S IG is undertaking all land acquisition required for the Projectb WB OP4.12 (Involuntary R esettlement) ‘ill apply.

In additionb WB OP 4.10 applies. S ince the vast majority of project beneficiaries and affected people are indigenous as defined by OP 4.10b the elements of an IPP have been integrated into the project design and the LALR P (and E S IA) rather than requiring the preparation of an Indigenous Peoples Plan (see S ection 5). The CDP is also designed to integrate all the elements of an IPP to ensure that the project provides culturally appropriate benefits to indigenous peoples based on a process of freeb prior and informed consultations leading to broad community support.

THE DE VE LOPME NT OF THE L AL R P The process of developing the LALR P has been both integral to and an e’tension of the social impact assessment and community consultation activities undertaken as part of the overall project planning.

The social safeguards/assessment methodology and studies used to inform the LALR P are described in the E S IA. These include:

a systematic program of participatory village ‘orkshops in ‘hich a rich picture ‘as developed of the socialb economic and cultural conte’t for the projectb of peoples’ understandings and concerns about the developmentb and the potential impacts and local development opportunities;

a questionnaire survey of a sample of village ‘omen about their householdsb livelihoodsb nutritionb and ‘ay of life;

semicstructured facectocface intervie‘s ‘ith village leaders about local societyb cultureb important placesb livelihoodsb and impacts management;

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facectocface consultations ‘ith agency and NGO representatives about the potential socioceconomic impacts and their management;

team conferencingb including participation by villagecbased community liaison officers on the potential impacts and their managementb including livelihoods issues;

preparation of preliminary environmental and social impacts mitigation proposalsb ‘hich ‘ere then refined at 2 ‘orkshops of leaders from the affected communities; and

preparation of a ‘ritten draft E S IA documentb ‘hich ‘as then provided to key stakeholders for ongoing revie‘ and comment.

S ubsequent to the completion of the draft E S IA and E S MP documentsb it ‘as determined that a livelihoods restoration plan ‘ould be required. The S IA studies and consultations on the proposed impact mitigations became the basis for preparing the LALR Pb supplemented by information from the follo‘ing (see Chapters 5 and 6 of the LALR P for more details):

t‘o community ‘orkshopsb respectively at Managikiki/Verakuji (adjacent to the Core Area) and at Vera’ande/Grassy (adjacent to a part of Black Post R oad ‘here the road/transmission corridor requires ‘idening);

a land survey of the proposed road and transmission routes and Core Area; an inventory and valuation of the timber assets of the Core Area; inventories of the livelihood assets and their o‘ners ‘here applicable on the

proposed road and transmission routes; schedules of compensation payments for trees and plants used by the Ministry of

Agriculture and Livestock Development; a systematic registration of the members of the local customary lando‘ning tribes;

and ongoing consultation by the Project Office ‘ith the affected communities (see

Anne’ure 14 to the E S IA).

INFORMATION S OUR CE S FOR THE LALR P A host of technical studiesb associated reportsb and revie‘s have been produced as part of the Project Planning. Key documents and secondary information used in the preparation of the LALR P include:

The E nvironmental and S ocial Impact Assessment (E S IA) prepared by BR Li in 2014c15. This includes a description of the precproject social conditions in the project area and an assessment of the potential impacts of the development on local people and communities. The E S IA ‘as prepared in compliance ‘ith the E nvironment Act (1998) WB safeguards policies. The E S IA ‘as updated by the Project Office in 2016;

A draft R esettlement Policy F rame‘ork (RPF)b prepared by J ean Williams in August 2012 for the S IG and the WB;

A land valuation for the Tina Hydro ‘Core Land’b prepared for S IG in 2014; A Forest Valuation R eportb ‘hich provides the formal valuation of the commercial

timber trees ‘ithin the Core Land areab prepared by Myknee S irikolo in April 2015;

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R eport on legal frame‘ork and process for the land acquisition prepared by J en R adford of the Project Office in 2015. This provided the source te’t for much of Chapters 3b 4 and 6;

The report on the Tribal R egistration process for the Malango peoples (the local tribal/language group)b ‘ith an associated databaseb assembled by Kellington S imeon in April 2015 and updated in early 2016;

The 2015 reports on the land surveys for the proposed road and transmission line corridor to Black Postb prepared by S olomon Islands S urvey and Land Consultancyb Honiarab and updated in early 2016;

The Asset Identification and Valuation S urvey for the Core Area and the Black Post R oad and Transmission corridor ‘ith a geocreferenced databaseb assembled by Kellington S imeon and Pacific Horizons Consultancy Group in November 2015;

A preliminary Livelihood Asset S urvey of t‘o options for the po‘er transmission corridor bet‘een Black Post R oad and Lungga Po‘er S tationb prepared by Kellington S imeon and S ebastian Misiga in midc2016; and

S tatistical E numeration Area data tables from the 2009 S olomon Islands national censusb published in late 2014.

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2 PR OJ E CT DE S CR IPTION

OVE R VIE W The TR HDP is a 15 mega‘att (MW) hydropo‘er scheme to be located on the Tina R iverb in Central Guadalcanalb S olomon Islands. Tina Hydro is intended to supply rene‘able electricity to Honiarab the capital of S olomon Islands. The project is located in the Bahomea district of Malango Ward (Ward 20) – appro’imately 30km east of Honiara (figure 2.1).

The Tina R iver has a catchment area of appro’imately 150km2b most of ‘hich is mountainousb heavily forestedb and unoccupied. The site of the proposed 53m high concrete dam and 30.5ha storage reservoir on the Tina R iver is remote and unoccupied.

Until August 2014b ‘hen it ‘as legally acquired by the S olomon Islands Government (S IG)b the customary land required for the Project ‘as o‘ned by five indigenous tribes from Bahomea and Malango districts (F igure 2.1 and 2.2). These tribes are part of the Malangocspeaking area ‘hich is indigenous to the upland central Guadalcanal region.

The Tina Hydro development is being implemented by a dedicated Project Office (PO) ‘ithin the S IG’s Ministry of Minesb E nergy and R ural E lectrification (MME R E ). Beginning in 2009b the PO has undertaken the planning of all aspects of the project in continued dialogue ‘ith the indigenous land o‘ners and village communities of the TinacNgalimbiu Catchment and ‘ider Malango Wardb and ‘ith the assistance of advisors from the World Bankb hydro engineers and other local and international specialists. From a social development and impacts management perspectiveb a feature of the project planning has been the comprehensive and sustained programme of community consultation and involvement run by the PO (as set out in Anne’ure 14 of the E S IA)b and the collaborative development of a programme of benefits sharing ‘ith local peoples (as described in detail in the CDP).

A full description of the Project is set out in Chapter 2 of the E S IA.

PR OJ E CT AR E A

Tina R iver is located 30 km S outh E ast of Honiara at the upstream end of the Ngalimbui R iver Basin in Malango Ward 20b Central Guadalcanal District. The Tina R iver catchment and proposed transmission line route are in the Malango Ward ‘ithin Central Guadalcanal District.

The Map at F igure 2c1 depicts the damb reservoir and po‘er station sites in the conte’t of the Black Post Roadb Main High‘ay and Ngalimbiu R iver.

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F igure 2c1 – Map of Project Location

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F igure 2c2 Guadalcanal Island sho‘ing the location of the Tina Hydro project

The Tina R iver is derived from the joining of three rivers: the Mbeambeab the Voraha and the Njarimbisu rivers. The Tina R iver catchment area is roughly 150km2. The Tina R iver joins the Toni R iverb a much smaller river ‘ith a catchment of about 45km2b to form the Ngalimbiu R iverb ‘hich flo‘s through a coastal plain before discharging into Iron Bottom S ound on Guadalcanal’s North coast. This coastal plain is more highly developed than the upstream areas of the catchmentb and has more settlements and agriculture activity. At its head‘atersb Tina R iver flo‘s through a very narro‘b steeply sided and incisedb limestone gorge. In its mid reachesb the slopes gradually become less steep and are dotted ‘ith a fe‘ human settlements and gardens.

The Project area landscape is comprised of volcanic mountainsb dissected river ridges in the S outh and central areasb and lo‘ terraces and fertile flood plains to‘ard the North coast. The flora and fauna in Guadalcanal is both rich in diversity and endemism. The project site is dominated by tropical moist forestsb and is associated ‘ith a majority of lo‘ altitude forestsb grasslands and mi’ of habitats. The Tina R iver upper catchment area is comprised of undisturbed montane forests and aquatic ecosystems.

Key locationsb riversb villagesb and hydro infrastructure are sho‘n in F igure 2c3 belo‘.

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F igure 2c3 Key locationsb riversb villagesb and hydro infrastructure

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F igure 2c4 Project layout and study areas

F igure 2c4 sho‘s the areas for social and environmental assessmentb as ‘ell as the key features of the project. It also sho‘s the impacted areab do‘nstream area ‘here the R iver joins the seab catchment areas and the northern access corridor connecting the core area to the high‘ay.

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E rrorA R eference source not found. sho‘s the broader areas of Malango/Bahomeab o‘ned by 27 lando‘ning tribes.. These groups ‘ill benefit from a community benefit sharing scheme as detailed in Chapter 9 of this LALR P and in the CDP. This benefit sharing scheme goes beyond the provisions of the LALR P ‘hich addresses impacts to the five landco‘ning tribes and to affected people losing livelihood assets and incomes in connection ‘ith the taking of land.

F igure 2c5 – Map of Malango/Bahomea Area ‘ithin Malango Ward

Communities further do‘nstream along the Ngalimbiu R iver are not affected by project construction and land acquisition and are therefore not covered by the LALR P or the benefit sharing scheme. Impacts on these communitiesb ‘hich are deemed minorb are addressed in the E S IA through the provision of alternative ‘ater supply and through monitoring and mitigation measuresb if neededb concerning potential impacts on fisheries and income from gravel e’traction are also addressed through the E S IA.

THE PR OJ E CT E LE ME NTS The project consists of the follo‘ing key elements:

a 53 meter high R oller Compacted Concrete dam on the Tina R iver at an elevation of appro’imately 123m asl and roughly 30 river km from the sea. The dam ‘ill include a spill‘ay to release e’cess ‘aterb and an outlet to provide sufficient ‘ater to maintain an environmental flo‘ in the 5.7km section of the river bet‘een the dam and the po‘erhouse tailrace.

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a 3.3 km underground tunnel to a po‘erhouse and a tailraceb located at elevation 73m asl.

A storage reservoir formed by the dam e’tending upstream appro’imately 2.6km and ‘ith a surface area of about 28 hectares at an elevation of 175m asl.

A po‘erhouse located 3 km do‘nstream from the dam directly alongside the left bank of the Tina R iverb ‘ith ‘ater being diverted to the po‘erstation from the reservoir through the underground tunnel. Initiallyb the po‘erhouse ‘ill have 3 turbine/generator unitsb each ‘ith a capacity of 5MWb allo‘ing a ma’imum discharge of about 18m3/s and a minimum discharge of 2.4m3/s.

A 23km or longer 33kVa transmission line along the Black Post roadb then via an as yet undefined route ‘est to the Lungga Po‘erstation.

S everal access roads – including upgradingb ‘ideningb and realignment of 13km of the e’isting Black Post R oadb and the creation of appro’imately 7km of ne‘ sitecaccess roads for the dam site and po‘erstation. Construction activities ‘ill last 3 years and ‘ill take place in the recently acquired “Core Area” and along the Black Post R oad (described as the Norther Infrastructure Corridor).

F igure 2c6 sho‘s an illustration of the proposed Project S cheme.

F igure 2c6 – Illustration of Project S cheme

Up to 180 technicalb highly skilledb and lo‘ skilled ‘orkers may be required for the hydro constructionb providing employment opportunities for an estimated 80c100 local people in construction and support roles. Workers from outside the local communities ‘ill be housed in or around Honiara and Lungga and ‘ill be transported to and from construction sites; no labour camps ‘ill be established. No construction start date has been announced.

As notedb there are several possible routes for the po‘er transmission line bet‘een the Tina/Black Post R oad corridor and the Lungga Po‘erstation c a distance of appro’imately 10km. S olomon Po‘er (a state o‘ned enterprise) is yet to decide on the final route. A

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R esettlement Process Frame‘ork is included in Chapter 12 of the LALR P to inform the preparation of a R esettlement Plan once the route is determined.

C ONS TR UCTION AND OPE R ATION OF THE TR HDP In 2015b KcWater ‘on the rights to a term of e’clusive negotiation for an agreement to buildb o‘nb operate and transfer the hydropo‘er infrastructures (kno‘n as a BOOT arrangement). Kc‘ater is a S outh Korean Governmentco‘ned international ‘ater resources company developing and operating multicpurpose dams in S outh Koreab Pakistanb E quatorial Guineab Philippinesb Chinab Perub Cambodia and Myanmar. Its proposed construction partner is Hyundai E ngineering and Constructionb also of the R epublic of Korea. S IEA (trading as S olomon Po‘er) ‘ill buy and distribute the electricity generated by the Project.

With the agreement of the customary lando‘nersb the S IG compulsorily acquired the land in the Core Area on 21 August 2014. Compensation offers ‘ere made to the identified o‘ners by the S IGb and all lando‘ning groups accepted or ‘ere deemed to have accepted these offers. The details of the process of identifying the o‘ners of the Core Area and the subsequent land acquisition are described in Chapter 6. The acquired land ‘ill be o‘ned by the Tina Core Land Company (TCLC)b a 50:50 joint venture established bet‘een the customary lando‘ners and the S IG. Kc‘ater ‘ill lease the land from the TCLC for a fi’ed term.

OPTIONS CONS IDE R E D TO MINIMIS E R E S E TTLE ME NT IMPACTS In accordance ‘ith WB safeguard requirementsb a detailed options analysis ‘as undertaken to define the optimal proposal for delivery of the project development outcome. This assessment including e’amination of hydrob thermalb ‘indb solarb and solar and storage. These options are detailed in Chapter 4 of the ES IA. Once hydro ‘as determined the preferred optionb the Project then considered different options to minimise resettlement impacts both ‘ith respect to the dam site and po‘er stationb as ‘ell as the alignment of the Infrastructure Corridor.

One of the primary objectives of the Project is to avoid the physical resettlement of any residential houses or villages. Physical resettlement has the potential to have longcterm impacts on livelihoods and upset community social structures.

Dam and Po‘er S tation S ite Options

In accordance ‘ith WB safeguard requirementsb the Project considered options to minimise resettlement impacts.

A range of project options ‘ere e’amined along the Tina R iver by E nturab the hydro development consulting engineers to the PO. In 2010 si’ options for a site bet‘een the Mbeambea R iver tributary (at the top of the Tina R iver catchment) and the Toni R iver tributary ‘ere evaluated. These options covered different combinations of dam locationb type

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and size of damb headrace tunnelsb and po‘er station location. All ‘ere of a similar scale and capacityb though ‘ith different levels of potential social impacts and physical displacement.

E ntura’s “Phase 3” technical study considered t‘o key dam sitesb kno‘n as Option 6E and Option 7C. E ntura identified 7C (the current proposed dam site) as the preferred optionb determining that geological conditions ‘ere favourable and a‘ay from human settlement. E ntura evaluated this option as having “superior economicb social and technical value” in comparison ‘ith earlier proposed sites.

In particularb the 7C option selected avoided the physical resettlement of the residents of 3 villages at Chorob S enghe and Koropa. Under the alternative 6E optionb the relocation of these villages required the resettlement of 39 inhabitants.

Chapter 4.4 of the E S IA compares the various site options in terms of potential impactsb and confirms that the current proposed site ‘ould not require any physical displacement (and therefore resettlement) of local people.

Infrastructure Corridor S ite Options

The Infrastructure Corridor alignment ‘as selected to prevent physical displacement and to minimise economic displacement.

An initial route selected for the road corridorb based on e’isting road‘aysb optimal terrain and the avoidance of villages and settlementsb ‘as then assessed for displacement impacts.

The assessment ‘as undertaken by a team of local consultants ‘orking together ‘ith a surveyor. All assetsb included fruit and nut treesb trees providing building materials or timberb gardensb housesb canteensb pig pens and other structures along the 50 metre corridor and adjacent land ‘ere logged by GPS ‘ith reference to the surveyed routeb photographed and described.

The consultants met ‘ith the PO Land Team to assess each identified asset and consider alternative routes to minimise impacts on the asset ‘ith reference to adjoining assets mapped outside of the initial corridor.

This process resulted in four amendments to the initial alignment to avoid acquiring land hosting residential houses and to relocate the alignment further a‘ay from a settler community to minimise traffic impacts. Areas amended included:

A diversion to the east along the border of the Levers Parcel and Timothy Urobo et al. Parcel (these parcels are described in section E rrorA R eference source not found.;

A diversion immediately north of Mengakiki; and A diversion south of Mengakiki.

The amended alignment ‘as confirmed by a road engineer from the Ministry of Infrastructure Development to confirm engineering feasibility. A qualified and registered surveyor completed a formal survey of the recaligned corridor for the purposes of land registration.

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The final alignment avoids the need for any physical resettlement in the Infrastructure Corridor.

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3 L AND RE QUIRE D FOR THE PROJ E CT

OVE R VIE W Land is required for the construction and operation of all Project elements set out in S ection 2.2. The land requirements can be broadly divided into the three areas defined belo‘:

The Core Land

The Core Land is an area of 428 Ha on ‘hich the vast majority of project elements ‘ill be located. This includes the damb reservoirb ‘ater tunnelb penstocksb po‘erhouseb ne‘ access roadsb substationb quarriesb supporting construction infrastructureb laydo‘n areas and buffer areas.

The Core Land includes the part of the 50 metre ‘ide infrastructure corridor for road and transmission lines south of Maravab the point at ‘hich the land changes from registered land to customary land. The portion of the infrastructure corridor north of this point is registered landb discussed separately belo‘.

Prior to the compulsory acquisition in August 2014b the Core Land ‘as customary land o‘ned by tribal groups.

The land ‘as acquired for the Project at that timeb as a measure to assure potential developers that land acquisition ‘ould not be a deterrent to investment.

Monitoring S ites

A rain gauge site located on a small area of land called Chupukama (appro’. 500 square meters) in the catchment has been used during project design to obtain rainfall data. During preparationb the PO consulted ‘ith the land o‘ners and have been paying a monthly rental fee for the land. A registration process has commenced for this land. It is not kno‘n ‘hether the project developer ‘ill continue to use this landb or relocate the rain gauge. The project developer ‘ill negotiate any ongoing arrangement (purchase or lease) either in this location or in another location.

S IG ‘ill ‘ork together ‘ith the project developer to provide documentation to allo‘ due diligence assessment by WB. This documentation ‘ill include consultation recordsb valuation/negotiation processesb and transfer/use documentation.

During project preparationb the PO also installed a flo‘ gauge in the Tina R iver above the reservoir ‘ithin an area kno‘n as Koemolu. As ‘ith the rain gauge siteb the PO consulted ‘ith lando‘ners regarding the gauge and paid a monthly rental fee. This gauge has no‘ been relocated to a site ‘ithin the core land area follo‘ing a flood and the rental of land at Koemolu is no longer required.

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Northern Infrastructure Corridor

The Northern Infrastructure Corridor is a 50 metre ‘ide stretch of land from the Black Post turnoff on the main high‘ay to Marava. It comprises the e’isting constructed Black Post R oadb as ‘ell as land adjacent to the road to accommodate road corridor ‘idening and improvementsb and the installation of the transmission line.

This land is currently registered land (rather than customary land)b o‘ned by a combination of private and public o‘ners. S IG is in negotiations to acquire the corridor by private treaty.

The potential effects on the livelihoods of the o‘ners and users of these land areas are assessed in subsequent sectionsb and compensation and impacts management arrangements are presented according to the requirements of the World Bank OP4.12 (Involuntary resettlement). E ach of the land areas being acquired for the project is described in more detail in section E rrorA R eference source not found..

THE C OR E L AND The Project Office identified that 428.8 ha of forested and partly forested land under customary o‘nership by local indigenous people is required for the key infrastructure elements of the Project (F igure 3c1). In 2015b the S IG’s Commissioner of Landsb using the legally sanctioned land identification process (described in S ection 5) determined that 5 of the 27 Malango peoples’ tribes ‘ere the customary collective o‘ners of this landb as follo‘s1:

R oha tribe (171 ha) – 161registered members BuhucGaro tribe (t‘o lineages combinedb (161.5ha) – 65 registered members Kochiabolo tribe (65.7 ha) – 109 registered members UlunacS utahuri tribe (t‘o lineages combinedb 29.9 ha) – 537 registered members Viurulingi tribe (14.0 ha) – 4 members

On 21 August 2014b under a ‘ritten agreement ‘ith the identified o‘nersb the S IG acquired this landb and its commercial assetsb using its ‘compulsory acquisition’ po‘ers under the S olomon Islands’ Land and Titles Act.

The Core Land includes the southern part of the Infrastructure Corridor. Near Marava and Ngongoti the road ‘ill deviate to‘ards R ate and follo‘ a ne‘ alignment south for 1.5km before recjoining the e’isting formed road that travels as far as Mengakiki. This short section of ne‘ alignment is intended to reduce the gradeb making it easier to transport heavy equipment and freight to the construction sites.

1 Membership details are according to the Tribal registerb as of S eptember 2016.

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F igure 3c1 – Acquired Core Land

NOR THE R N INFR AS TR UCTUR E C ORR IDOR Along Black Post R oad 32.4 ha of privately o‘ned registered land from the Black Post turnoff to Marava ‘ill be acquired by the S IG to provide for a 50 meterc‘ide improved public road‘ay and po‘er transmission corridor (Northern Infrastructure Corridor).

Black Post Road begins on the Kukum High‘ay and is the current main access to the villages of Bahomea district and the left bank of the Tina Valley. Depending on the ‘eatherb the current shingle and dirt road enables suitable vehicles to travel as far inland as Mengakiki villageb and potentially beyond.

Within the Northern Infrastructure Corridor the land to be acquired is largely incorporating and to the east of the e’isting road reserve. The road ‘idening and transmission lines ‘ill avoid displacing those living on the ‘est side from their homes and ‘ill make the road safer.

Four parcels of registered land ‘ill be affected (Table 3c1andFigure 3c2)b one of ‘hich is already o‘ned by the S IG. Using a voluntary purchase arrangementb S IG is subdividing and acquiring land from the remaining three parcels ‘ith a total area of 32.4 ha. This acquisition ‘ill not require any physical resettlement of peopleb though a survey in 2015 sho‘ed some livelihoods assets ‘ill be affected. Againb because it is being acquired by the S IGb the requirements of WB OP4.12 ‘ill apply to the livelihoods assets on that land. S ee Chapter 6.

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Table 3c1 R egistered land required for the T ina infrastructure corridor

No. Land Parcel Perpetual E state Other interests

1 192c015c0018 Commissioner of Lands FTE c Levers S olomons Limited 2 192c005c0015

100 LR 536 Nathanial Boboli b T imothy Urobob Nesta Bestab Daniel S ekanib Sel‘yn Bobolib (J oint O‘ners)

Lease – Guadalcanal Plains Palm Oil Limited (GPPOL). 50 years from 1 J anuary 2005

3 192c005c0017 Church of Melanesian Trust Board Nil. 4 192c029c024 Commissioner of Lands Nil.

F igure 3c2 The location and boundaries of the lands required for the Tina Infrastructure Corridor

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F igure 3c3 Appro’imate location of the various sections of the Tina access road (not to scale)

K ey:

R ed = Black Post R oad – Northern Infrastructure Corridor (Kukum High‘ay to Marava)

Pink = appro’imate alignment of ne‘ diversion at R ate – part of Core Land acquisition

Y ello‘ = Black Post R oad southern section (Marava to Managikiki) – from convergence of Pink Alignment to Managikiki part of Core Land acquisition

LUNGGA TR ANS MIS S ION L INE C OR R IDOR A 33kv overhead po‘er transmission line ‘ill take po‘er from the Tina hydro po‘erhouse to the S olomon Po‘er Lungga po‘erstation site. The line may involve either a t‘in or single transmission line system. The line ‘ill be developedb installedb and managed by S olomon Po‘er. For livelihoods restoration planning purposes the land required for the transmission corridor is considered in t‘o sectionsb i.e.b

The Tina Infrastructure Corridorb ‘ithin the 50m Black Post R oad alignment; and the Lungga Transmission Corridor – the alignment of ‘hich is still under

investigation.

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S ection 1 – The Tina Infrastructure Corridor

The Tina transmission line ‘ill travel north from the Tina po‘erhouse to a point yet to be decided (on Black Post R oad) ‘here it ‘ill turn ‘est and link to the ‘ider po‘er net‘ork. The final design ‘ill specify the type of po‘er pole to be usedb including height and length of span.

The land required for this first section is part of the 50 mc‘ide Infrastructure Corridor. This comprises of the registered land component of the corridor (described as the Northern Infrastructure Corridor) and the customary land acquired as part of the Core Land (the S outhern Infrastructure Corridor).

A preliminary livelihoods assets survey of this section of the transmission and road corridor ‘as carried out in midc2015 in ‘hich e’isting physical assets and natural assets likely to be affected by the development of the road and transmission line ‘ere identified and inventoried. The physical assets included noncresidential structures (hutsb livestock pensb fences etc.)b service pointsb and community infrastructure. The natural assets included mainly planted trees and food gardens. Altogether 22 o‘ners of assets ‘ere recognisedb including various individual o‘ners from neighbouring communities. S ome assets ‘ere reported by local people to be the common property of those ‘ho lived in the vicinity. The survey ‘ill be upcdated and a cutcoff date established in advance of physical ‘orks. C ivil ‘orks ‘ill not commence until the affected people have received compensation.

S ection 2c The Lungga corridor

As of October 2016b several possible routes to take the transmission line from the Tina Infrastructure Corridor to the Lungga po‘er station ‘ere under consideration by S olomon Po‘er.

The corridor to Lungga is being constructed by S olomon Po‘er (S P) as part of its ‘ider net‘ork development. SP is a stateco‘ned enterprise sourcing development funds for its net‘ork development. As suchb a separate E S IA and resettlement plan based on World Bank policies ‘ill be prepared in line ‘ith the frame‘ork arrangement for the required resettlement plan set out in Chapter 12.

MONITOR ING S ITE S S ites for a rain gauge and a river flo‘ gauge ‘ere initially used at Chupukama and Koemolu respectively in the upper Tina catchment – upstream of the proposed hydro reservoir. Both sites are very remote and only accessible by a long and difficult forest hike or by helicopter. No livelihood assets or uses ‘ere identified at either site.

A land registration process ‘as commenced for the Chupukama site in accordance ‘ith Division 1 of Part V of the Land and Titles Act. This legal process is described in section 4.5. The acquisition officer appointed by the Commissioner of Lands found that the Chupukama site belongs to the UlunacS utahuri tribal group (‘ith 537 registered members). The findings of the acquisition officer have not been challenged under the Act’s appeal processes and the land is in the process of being registered and titled in the name of representatives of the

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Uluna S uthahuri tribe. Once registeredb the S IG ‘ill negotiate a lease of the siteb ‘hich ‘ill later be transferred or oncleased to the Developer in consultation ‘ith the lando‘ners. As the site is smallb remote and located in steep terrainb voluntary agreement for lease bet‘een the S IG and the o‘ners to continue to host the rain gauge site is not e’pected to have any negative impacts on the o‘ners’ livelihoods.

In April 2014b a strong flood destroyed the flo‘ gauge at Koemolub and the site for the gauge ‘as moved in 2016 to a ne‘ location ‘ithin the acquired Core Land at the upper limit of the reservoir. As suchb the previous site of the flo‘ gauge at Koemolu ‘ill not be acquired or leased for the Project.

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F igure 3c4 The appro’imate location of the catchment monitoring sites

US E OF THE TINA R IVE R WATE R

The design and operation of the Project requires the use of the ‘ater of the Tina R iver. In S olomon Islandsb there are no formal allocations of ‘ater rights. Unlikeb for e’ampleb rights to fish in an area or collect shellsb ‘hich can be closely held under custom (and recognised by la‘)b the High Court2 has held that flo‘ing ‘ater is a public rightb uno‘ned by the o‘ners of the land over ‘hich it passes. In making this determination the Court found that the E nglish common la‘ position also reflected customary understandings of ‘ater rights:

In spite of ‘hat ‘e may sayb it is common kno‘ledge that ‘ater is essentially or necessity of the human being. It is al‘ays advocated by health officials in public talks and media etc that "‘ater is life". This sum(s) up ‘hat I ‘ould say on the qualifications as local circumstances render necessary… on applying this common la‘ on ‘ater.

And I am satisfied that the common la‘ principles of nobody o‘n(ing) flo‘ing ‘ater is not inconsistent ‘ith any la‘ or Acts and; its applicability or appropriateness in the circumstances of S olomon Islands is

2 S olomon Islands Water Authority v Commissioner of Lands S BHC 58

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not inconsistent ‘ith the S chedule 3 of the Constitution and therefore make a ruling that it is the la‘ in S olomon Islands on the flo‘ing ‘ater.

The conclusion in the case also reflects the findings of the 1959 Alan R eport that noted that customary rights holders do not ordinarily assert control of ‘ater supplies.3

3 Allanb C . H. ‘Customary Land Tenure in the British S olomon Islands Protectorate’ R eport of the S pecial Lands Commission Honiarab Western Pacific High Commissionb 1957. Considering customary rights to ‘ater the report found ‘In generalb the principle can be stated that the tenure of ‘ater supplies is subject to little control’. This ‘as found to be in contrast to strictly held rights to fishing areas along the rivers in Northern Guadalcanal.

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4 POLICY AND LE GAL CONTE XT FOR THE L AND ACQUIS ITION AND INDIGE NOUS PE OPLE S

This section describes the legalb policyb and institutional conte’t for the S IG’s acquisition of the land required for the TR HDPb along ‘ith provisions for compensation and livelihoods restoration. It particularly describes the safeguards requirements of the World Bankb the S olomon Islands legal requirementsb and the gaps bet‘een them.

WOR LD BANK R E QUIR EME NTS

Overvie‘

Because the construction and operation of the dam and associated infrastructure and access roads (identified as Components 1 and 2 for the purposes of WB funding) ‘ill be delivered by a private entityb the WB Performance S tandards ‘ill apply to construction and operation activitiesb including PS 7 on Indigenous Peoples.

Ho‘everb all land acquisition for the project is being undertaken by the S IG and accordinglyb the provisions of the WB Operational Policies (OP) 4.12 – Involuntary R esettlement and 4.10 – Indigenous Peoples apply to the project in relation to land acquisition and indigenous people respectively. These policies aim to avoidb mitigateb or minimize adverse environmental and social impacts of projects.

OP 4.12c Involuntary R esettlement

WB OP 4.12 (Involuntary Resettlement) concerns the effects of displacement of people and communities caused by a project or part of a project. The policy covers the “economic and social impacts caused by involuntary taking of land” resulting in “relocation or loss of shelter”b “loss of assets or access to assets”b and “loss of incomes sources nor means of livelihood”.

T‘o kinds of displacement or loss are therefore recognised c physical displacement (loss of shelter)b and economic displacement (loss of livelihoods assets). The E S IA found that no involuntary physical displacement of people or loss of shelter ‘ill occur due to any of the activities associated ‘ith the TR HDP. Ho‘everb because of the compulsory acquisition of land for the project by the S IGb the follo‘ing ‘ill occurb or has already occurred:

The customary o‘ners of the Core Land ‘ill lose some of their customary land and the livelihoods assets on the land.

Local community members ‘ho have use rights to the Core Land ‘ill e’perience an involuntary loss of access for livelihoods activities such as gardeningb huntingb fishing and gathering.

S ome individual households ‘ill be affected by loss of assets (e.g. gardens) for the access road and transmission line.

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The WB policy requires that the borro‘er e’plore all viable alternative project designs to avoid physical displacement of indigenous peoples and those ‘ith landcbased livelihoods. In the event of involuntary loss of land and livelihoods assetsb the borro‘er mustb among other things:

inform the displaced persons about their options and rightsb provide them ‘ith timely and relevant informationb consult ‘ith them on resettlement optionsb and offer them opportunities to participate in planningb implementing and monitoring resettlement/restoration activities;

prepare a resettlement plan or resettlement policy frame‘ork that includesb among other thingsb measures to ensure that the displaced persons are provided prompt and effective compensationb offered support to restore their livelihood and standard of livingb and provided ‘ith development assistance.

pay particular attention to the needs of vulnerable groups among the displaced.

In keeping ‘ith the WB policy and S olomon Islands la‘ the S IG has chosen a project design that avoids physical displacement and is implementing a plan to replace lost resourcesb compensate affected persons for them in fullb and provide livelihood support and economic development opportunities as necessary.

Indigenous peoples

The project affected persons (PAPs) are ‘indigenous’ people of S olomon Islands and the Central Guadalcanal region. In relation to the application of OP4.10b the follo‘ing considerations are important:

The local Malango speaking tribes people are one of many indigenous S olomon Island groups ‘ho collectively make up about 95% of the nation’s population and almost all of the local PAPsb

In Ward 20 of Guadalcanal (the project area)b the Malango people are the dominant group;

the Malango people have their o‘n cultural institutionsb but are politically and culturally connected to other Guale peoples – such as their neighboursb the Ghaobatab and people from the Weather Coast.

Paragraph 12 of OP4.10 establishes that ‘hen Indigenous Peoples are the sole or the over‘helming majority of direct project beneficiariesb a separate Indigenous Peoples Plan (IPP) that sets out the measures through ‘hich the borro‘er ‘ill ensure that (a) Indigenous Peoples affected by the project receive culturally appropriate social and economic benefits; and (b) ‘hen potential adverse effects on Indigenous Peoples are identifiedb those adverse effects are avoidedb minimizedb mitigatedb or compensated forb is not required. Instead of a separate IPPb these key elements of an IPP should be built into the overall project design. As the vast majority of affected persons for this project are indigenous peoples and as they ‘ill also receive culturally appropriate benefits as provided for in this LALR P and the CDPb measures to address impacts on this group have been mainstreamed into project planningb assessment and management of environmental impactsb the livelihoods restoration and

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planningb and the development of a benefit sharing arrangementb and associated safeguard documentation.

Particular consideration has been given to the local Malango people’s needsb especially in that:

they have beenb and continue to beb fully engaged and consulted about the development through a systematic and ‘ellcresourced ‘free prior and informed consultation’ process;

Core Land o‘ners have e’plicitly assented to the development; the project planning and the E S IA process (required under OP4.01) has specifically

addressed the potential socialb economic and cultural impacts of the project on the IP communitiesb and sought to avoidb minimizeb mitigateb and compensate for such effects;

they ‘ill benefit directly and indirectly from it in a variety of ‘aysb and ‘ill be beneficiaries in a formal benefit sharing arrangement. The specific terms of the benefit sharing arrangement is described in the CDP and ‘ill be further designed through the implementation of a J S DF funded community benefit share pilot bet‘een 2017 – 2020.

S OLOMON IS LANDS LAW

Overvie‘

The legislation governing the acquisition of land in S olomon Islandsb including indigenous customary landb is the Lands and Titles Act (LTA). The LTA defines o‘nership arrangementsb governs the management of landb and sets out procedures for the acquisition and lease of land.

Land in S olomon Islands is either customary land or registered land (akab “alienated land”). Appro’imately 87% of land in the country is held as customary land and most natural resources (‘ith some e’ceptionsb such as river ‘aters) belong to the land o‘ners under custom. The LTA defines customary land as " any land… la‘fully o‘nedb used or occupied by a person or community in accordance ‘ith current customary usage… ”.

Land includes “land covered by ‘aterb all things gro‘ing on land and buildings and other things permanently fi’ed to land but does not include any minerals (including oils and gases) or any substances in or under land ‘hich are of a kind ordinarily ‘orked for removal by underground or surface ‘orking”.

Regis tered Land

Dealings in registered land are governed primarily by the LTA. This Act regulates the process of converting customary land into registered landb as ‘ell as the transfer and lease

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of registered land. T‘o predominant types of registered land estate are provided for under the LTAb perpetual estates (PE s) and fi’ed term estates (FTE s). The perpetual estate is similar to a freechold estate and gives the right to occupyb use and enjoy the land for all timeb subject to the performance of any obligations and subject to any restrictions that may be imposed under la‘.

The S olomon Islands Constitution establishes that only a S olomon Islanderb or other person prescribed by Parliamentb has the right to hold or acquire a perpetual estate in land. A “fi’ed term estate” provides for the right to occupyb use and enjoy the land and its produce for a fi’ed period of time (usually 75 years)b subject to the payment of any rent and the performance of any obligationsb and subject to restrictions that may be imposed. Lease estates in landb including long term leasesb are also increasingly common.

Customary land

The Project involves the compulsory acquisition of customary land by the state (albeit that the acquisition took place ‘ith the consent of the affected customary o‘ners). The rain gauge monitoring site also involves the voluntary acquisition of customary land.

There are a number of characteristics of land under customary tenure that influence a resettlement process associated ‘ith an involuntary land acquisition. In Guadalcanalb as in much of S olomon Islandsb there is no systematic record of customary o‘nership or tribal land boundaries. Land useb settlementb and community composition are dynamic in response to a number of social and physical influences. In many areasb including the TR HDP siteb larger lando‘ning groups have divided into smaller subcgroups or lineages made up of family units. These units are referred to by Bahomea – Malango people as “tribes” – implying communities of interest and place that are grounded in kinship and custom and having a degree of internal cohesion and leadership structure. Among the local people tribal affiliation is assigned through matrilineal descentb i.e.b based on one’s mother’s lineage.

Land o‘nership claims are made through reference to ’Kustom’b particularly special kno‘ledge of oral historiesb custom storiesb legendsb genealogyb the ‘hereabouts of boundary markers (such as special landscape featuresb rocksb special trees etc.)b and of sacred ‘tambu’ places (i.eb places ‘ith special spiritual significanceb originating placesb ancestral grave sitesb etc).

L AND AC QUIS ITION FOR THE TINA HY DR O PR OJ E CT The S IG has used three processes provided for in the LTA to obtain o‘nership of the land required for the TR HDPb the compulsory acquisition of customary land (Core Land)b voluntary acquisition of customary land (rain gauge site)b and voluntary purchase of registered land (Northern Infrastructure Corridor). These processes ‘ill result in the registration ofb and rights tob all land needed for the Project.

The S IG acted unilaterally early on to formally acquire land needed for the project as a measure to incentivise potential developers. Past e’periences ‘ith large infrastructure

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developments suggested that the lengthy and uncertain process of customary land identification and acquisition deters developers and is incompatible ‘ith commercial project timeframes. Neverthelessb this LALR P ensures that compensation and related measures to address impacts of previous land acquisition for the project ‘ere and are to be carried out in compliance ‘ith World Bank and ADB resettlement policies.

The majority of the land required for the project ‘as acquired as a compulsory acquisition under Division 2 of Part V of the LTAb after first obtaining the consent of customary o‘ners. This areab referred to as the Core Landb included the land needed for the dam siteb po‘er station siteb and parts of the access road located on customary land. Follo‘ing acquisitionb the Core Land became registered land and it ‘ill be transferred to a joint venture company bet‘een the lando‘ning tribes and S IG to be called the Tina Core Land Company.

A small area of customary landb (total 500m2)b needed to site the rain gauge instrument in the upper Tina catchment ‘as acquired as a voluntary land acquisitionb under Division 1 of Part V of the LTA. Through this process the parcel ‘ill be registered in the name of representatives of the customary tribal o‘ners and voluntarily leased to S IG. The lease ‘ill be transferred or subleased to the Developer in consultation ‘ith the o‘ners.

F inallyb the purchase of registered land needed for the ‘idening and enhancement of the section of access road from Black Post to Marava ‘ill be agreed as a ‘illing buyer/‘illing seller arrangement ‘ith the registered o‘ners. The original registration of this land from customary land predates the Tina Hydro proposal.

Table 4c1 – Acquisition Types

Land Area Process Tenure Acquisition

Core Area R egistration of customary land

Perpetual E state (freehold)

Compulsory Acquisition premised on negotiated Process Agreement

R ain Gauge

(ongoing)

R egistration of customary land

Lease Willing Lessor/Willing Lessee

Infrastructure Corridor

(ongoing)

Transfer of registered land

Perpetual E state (freehold)

Willing Buyer/Willing S eller

C OMPULS OR Y AC QUIS ITION

Compulsory Acquisition Po‘ers

The S IG’s po‘ers of compulsory acquisition are set out in Division 2 of Part V of the LTA. Division 2 gives the Minister of Lands the po‘er to compulsorily acquire any customary or

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registered land ‘here it is ‘required for any public purpose’.4 This broad po‘er is circumscribed by protections provided in S ection 8(1) of the Constitution; compulsory acquisition can only occur ‘here:

the acquisition is “necessary or e’pedient in the interests of defenceb public safetyb public orderb public moralityb public healthb to‘n or country planning or the development or utilisation of any property in such a manner as to promote the public benefit”;

there is reasonable justification for causing any hardship to the interest holders; the acquisition is done under a la‘ ‘hich provides for reasonable compensation

(including lump sum or instalmentsb and by cash or other form) in a reasonable time; and

the acquisition is done under a la‘ ‘hich provides interest holders ‘ith the option of appealing to the High Court ‘ith respect to their o‘nershipb the legality of the acquisitionb or the compensation payable.

The Constitution also requires Parliament to provide that ‘here customary land is compulsorily acquired (section 112):

prior negotiations must take place ‘ith the o‘ners; the o‘ners shall have a right to access independent legal advice; and as far as practicableb the interest acquired shall be limited to a fi’ed term interest.

Although Parliament has not provided for these safeguards in the LTAb the Minister of Lands and the Commissioner of Lands can take these into account in conducting the land acquisition. These various safeguards ‘ere applied in the case of the TR HDPb and are discussed in more detail belo‘.

Procedures for compulsory acquisition

The compulsory land acquisition process is set out in Division 2 of Part V of the LTAb taking into account the additional protections afforded in the Constitution. The legal process is therefore as follo‘s:

1) Lando‘ner identification – While not a legal stepb lando‘ner identification is necessary to identify the o‘ners of any customary land in order to conduct the prior negotiations required in the Constitution. Note that there is no systematic record or register of customary lando‘ners or land boundaries in Guadalcanal;

2) Prior Negotiation – Negotiations must be conducted ‘ith the o‘ners of customary land before the land is acquired5;

3) Declaration – the Minister of Lands declares that land is required for a public purpose. The declaration specifies the boundaries and e’tent of land required and the purpose for ‘hich the land is required;6

4 S ection 71(1) of the LTA. 5 S ection 112(a) of the S olomon Islands Constitution 6 S ection 71 of the LTA

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4) Publication – The declaration must be published in such manner as the Minister thinks fit. It is common practice to publish the declaration in the Government Gazette. It is upon publication that the land is legally acquired.7 At this point o‘ners have si’ months to appeal to the High Court to have the declaration quashed;8

5) Public Notification – follo‘ing the declaration the COL posts notices describing the declarationb its effect and the right to compensation;

6) Notification of o‘ners – the COL serves ‘ritten notice of the declaration to each o‘ner or lando‘ning groupb or each person ‘ho appears to o‘nb or to claim to o‘nb the land.

7) Assistance to prepare claims – the Provincial S ecretary for each Province assists claimants to prepare claims.9

8) Access to legal advice – the timing of access to the independent legal advice that must be provided to customary lando‘ners is not specified in the Constitution but ‘ould be relevant to the preparation of compensation claims.10

9) S ubmission of claims – Persons or groups ‘ishing to claim compensation for their rights and interests taken in the acquisition of the land must submit a claim ‘ithin 3 months of the acquisition (date of publication in gazette). For customary land these claims in effect should include some evidence of customary o‘nership as ‘ell as any evidence as to value11;

10) Valuation and payment of compensation – The COL considers the claimsb accepts or rejects themb and makes an offer of compensation. Offers and rejections are to be issued ‘ithin 3 months of receipt of the claim. While not a specified legal stepb it is at this stage that the COL may seek advice from the Valuer Generalb or other valuerb to inform the amounts of compensation payable.

11) Compensation by land – Where the land that is acquired is customary landb the COL may make an offer of land in lieu of cashb ‘ith the approval of the Land Board and the endorsement of Cabinet. Lando‘ners may chose to accept either the land or the cash equivalent.12

12) Acceptance or appeal – C laimants have 3 months from the COL’s decision to appeal to the High Court about any rejection of claim or the amount of compensation offered. Where no appeal is lodgedb lando‘ners are taken to have accepted an offer.

13) Payment of compensation – Provided there are no appeals in respect of the compensation amount and the offer is acceptedb the COL shall cause payment to be made ‘ithin 3 months of acceptance;13

7 S ection 75 of the LTA 8 S ection 76 of the LTA 9 S ection 74 of the LTA 10 S ection 112(b) of the S olomon Islands Constitution 11 S ection 79(1) of the LTA 12 S ection 84 of the LTA (as amended in 2014) 13 S ection 79(2) of the LTA

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14) Notice to vacate – persons ‘ith an interest in the acquired land may continue to use and occupy the land until the COL gives them a notice in ‘riting requiring them to vacate the landb but cannot develop the land ‘ithout the COL’s consent14;

15) Alteration of the Land R egister – Provided that there are no appeals and the declaration has not been quashedb the land may be registered to the COL on behalf of the Government.

J udicial Remedies

The LTA provides t‘o broad types of judicial remedy to those ‘ith an interest in the acquired land. The first is the option to appeal the validity of the acquisition. S uch an appeal must be made to the High Court ‘ithin 6 months of the publication of the Minister’s notice15. The primary ground for such an appeal is that the acquisition ‘as not made for a public purpose. The time for appeals against the validity of the TR HDP compulsory acquisition e’pired on 21 February 2015. No appeals have been lodged.

The second judicial remedy is an appeal to the High Court against the COL’s offer of compensation. This can be an appeal as to o‘nership of land or the COL’s valuation of the land. Any person ‘ho has submitted a claim for compensation ‘ill have standing to bring an appeal. The appeal must be lodged ‘ithin 3 months of the COL’s offer or rejection of their claim.

Compensation

The Constitution allo‘s for Parliament to provide for the “criteria to be adopted in regard to the assessment and payment of compensation for … compulsory acquisition (‘hich may take account ofb but need not be limited tob the follo‘ing factors: the purchase priceb the value of improvements made bet‘een the date of purchase and the date of acquisitionb the current use value of the landb and the fact of its abandonment or dereliction).”

$espqte thqs provqsqon, 0arlqam ent has not provqd ed spec qfqc c rqterqa for arrqvqng at the am ou nt of c om pensatqon for land that qs beqng c om pu lsorqly ac qu qred . Under the LTAb the COL may offer such “amount of compensation as he may think proper”.16 Where an offer of compensation is appealedb the High Court may a‘ard such compensation as it “in its absolute discretion thinks just” ‘ith regard to the condition of the land on the date of acquisition and such other matters and circumstances the Court may consider relevant 17.

Under the Constitutionb the Acts of the United Kingdom Parliament of general application and in force on 1 J anuary 1961 continue to apply in S olomon Islands ‘here not inconsistent ‘ith national la‘s.18. The relevant UK la‘s include the Land C lauses Consolidation Act and

14 S ection 78 of the LTA 15 S ection 76 of the LTA 16 S ection 79(2) of the LTA 17 S ection 83 of the LTA 18 S ection 76b S ch 3b Para 1 of the Constitution

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The Acquisition of Land (Assessment of Compensation) Act 1919. Basic valuation principles stemming from these Acts include:

“E quivalence” – an o‘ner should be paid no more or less than he suffers as a consequence of the forced sale. The principle of equivalence can include an amount for disturbance or other incidental loss;

Compensation to have regard for the development potential of the land ‘here land is undeveloped or undercdeveloped;

Compensation cannot be based on the value of the land to the acquiring body; Any increase in value due to the underlying scheme for ‘hich the land is acquired

must be disregarded (often referred to as the Pointe Guarde Principle).

There have been no cases considering the applicability of these la‘s in S olomon Islands 19.

In addition to these broad principlesb la‘s governing natural resource usage rights are also relevant to the valuation of compensation. As discussed aboveb customary land rights include rights to some natural resources in accordance ‘ith customary la‘ unless inconsistent ‘ith national legislation.

The value of profits from commercial timber should be taken into account in the valuation of land as trees are broadly considered ‘o‘ned’ under custom. When determining the value of forest resources to lando‘nersb reference must be had to the Forest R esources and Timber Utilisation Act ‘hich regulates the forestry industry and the sale of customary timber rights.

In contrast to timberb flo‘ing ‘ater is not o‘ned as property under S olomon Islands la‘ and compensation for ‘ater in a river bed is not payable. Water is taken to be a free resource available to all. The impacts on local people from the modification and use of the river ‘aters for the TRHDP are covered in the E S IA documentation.

VOLUNTAR Y R E GIS TR ATION AND LE AS E OF C US TOMAR Y L AND

Overvie‘ of the LTA Division 1 Process

The rain gauge site at Chupukama is in the process of being registered under Division 1 of Part V of the Lands and Titles Act. Once registeredb the land ‘ill be leased by S IG from the registered o‘ners.

The voluntary acquisition process is separate to and distinct from the compulsory acquisition process. Voluntary acquisition ‘as not used for the Core Land because it presented various risks – as e’perience in S olomon Islands has sho‘n – that it could lead to lengthy Court appeals and bitter and entrenched community disputes. S uch risks ‘ould be amplified because the Tina Hydro development is a comparatively large project for S olomon Islands and significant payments ‘ould be at stake.

19 It is a question to be determined by the High Court as to ‘hether the ‘ide discretionary provisions of the LTA ‘ould be inconsistent ‘ith the application of E nglish la‘ in this regard.

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The registration of customary land under Division 1 of Part V requires the involvement of the Government through the Ministry of Landsb Housing and S urvey. At the completion of the process title is ordinarily transferred to up to five nominated representatives (trustees) of the customary land o‘ning groupb and a lease is granted to the COL on the terms agreed.

Purchase or Lease Process

The process for purchasing or leasing customary land is set out in Division 1 of Part V of the LTA as follo‘s:

1) The Commissioner of Lands (COL) must appoint an Acquisition Officer (AO) to act as the Commissioner’s agent;

2) The AO marks out the boundaries of the relevant land on the ground or on a map in such manner as to bring them to the notice of the persons affected;

3) The AO prepares a ‘ritten agreement for the purchase or lease of the land ‘ith the people ‘ho claim to be the o‘ners;

4) The AO gives public notice of the ‘ritten agreement and organises a public meeting to determine ‘hether the persons named in the agreement are the correct customary land o‘ners;

5) If there is no dispute at the meetingb and no other claimantsb the AO records this fact and sends a copy of their determination to the COL;

6) If there are rival claimantsb the AO must determine the rightful o‘ners of the land and send a copy of his determination to the COL and bring it to the attention of the originally identified parties and any claimants;

7) An appeal of the AO’s determination can be made to the Magistrates Court ‘ithin 3 months;

8) The decision of the Magistrates Court can be appealed to the High Court only on a question of la‘.

9) Once any appeals have been determinedb or the period for appealing has e’piredb the agreement for sale or lease of the land in question can be implemented. Where the land is being leasedb the Commissioner makes an order vesting the perpetual estate in the persons named as lessors – commonly representatives of the customary land group found to o‘n the land.

AC QUIS ITION OF R E GIS TE R E D LAND

The o‘nership s ituation

Portions of the Black Post R oad access corridor and transmission route are made up of registered/alienated land. The route ‘ill pass through four parcels of registered land (figure 3.1). S ince this land is already registeredb the legal process for purchasing it for the project is a relatively straightfor‘ard negotiationb saleb subdivision and transfer.

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One parcel is already o‘ned outright by the COL on behalf of the S IGb one is held by Levers Pty Ltd (a large private entity) under a fi’ed term estateb one is o‘ned by the Anglican Church of Melanesiab and one by the trustees of a Guadalcanal Plains tribal group.

Land acquisition in this area ‘ill be by process of “‘illing buyer – ‘illing seller”. Wherever “‘illing buyer – ‘illing seller” is used for land acquisitionb due diligence ‘ill be shared ‘ith WB to ensure appropriate compensation has been paid and other negotiated aspects are delivered in a timely manner.

Legal process

The LTA provides a standard process for the purchase and transfer of registered land. S ection 172 enables an o‘ner of a perpetual estateb fi’ed term estateb or lease interest to transfer that interest using a standard instrument of transfer in the prescribed form.

The consent of the COL may be required ‘here this ‘as a condition of the original grant of the estate. As the purchaser ‘ill be the Commissioner in this instanceb this step ‘ill be part of the transfer.

The LTA provides additional safeguards for a transfer ‘here registered land is o‘ned by trustees on behalf of a tribe20. Land that is jointly o‘ned by t‘o or more persons is deemed to be held on a ‘statutory trust’ for the beneficiaries21. These safeguards ‘ill apply to the disposition of the perpetual estate o‘ned jointly by Timothy Urobob Daniel S ekani and S el‘yn Boboli. The la‘ requires22 that before the transfer can be registered there must be produced to the R egistrar a statutory declaration made in public by each of the joint o‘ners that the persons beneficially interested have been consulted and that the majority of them are in favour of the transfer.

The la‘ also considers all jointly o‘ned registered land to be subject to the follo‘ing requirements (kno‘n as the “statutory trusts)”23:

The registered interest is held upon trust for the beneficial o‘ners; The registered o‘ners have the po‘er to sell the land; The trustees must hold the net proceeds of sale on behalf of the beneficiaries; and Any beneficiary is entitled to a full account of the proceeds.

GAP ANALY S IS – INVOLUNTAR Y R E S E TTLEME NT Table 4c2 c Gaps bet‘een WB OP 4.12 and S olomon Islands la‘ regarding assets and livelihoods loss from land

acquisition

20 S ection 195(3) of the LTA. 21 S ection 200(1) of the LTA 22 S ection 195(3) of the LTA2 23 S ection 214 of the LTA.

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‘ele a t t oisios of W . ht . – L oluta ‘esettle e t

t oisios of [a d a d Titles A t a d / ostitutio

DA t a d poposed espose

‘e uie e t to a oid o i i ize i pa ts of e oo i displa e e t

bo e uie e t to a oid o i i ize i pa ts, a de lae a la d suje t to a uisitio fo puli puposes.

A oidi g ph sial esettle e t ke ite ia fo s ee i g site optios. A lte atie poje t desig s e ploed. / hose optio a oids ph sial displa e e t a d i i ises e oo i displa e e t se tio ..

9 oo i displa e e t o pe sated fo i a uisitio poess ag ee e t, a d i li elihood estoatio pla [‘t

a ea i gful osultatio a d patiipatio i pla i g a d i ple e ti g esettle e t pog a s ht . . C ee, pio a d i fo ed osultatio leadi g to

oad o uit suppot as defi ed ude ht . he i dige ous peoples ae affe ted

/ ostitutio e uies pio egotiatio ith usto a o e s a d poides fo

a ess to i depe de t legal ad ie.

[TA t at V 5iisio does ot e uie osultatio; a i iste de laes la d is e uied a d poides fo otifiatio

of o e s.

bo e uie e t fo osultatio ith host o uities ho ae ot la do e s.

t h stakeholde e gage e t poli i ple e ted fo o pehe sie pog a e of o uit osultatio dui g poje t pla i g. / osultatios i luded e io e tal & soial i pa ts assess e t a d a age e t pla i g, a d lielihoods estoatio pla i g

ith oth la do e s a d host o uities.

9 te sie osultatios ega di g poposal to a uie usto a la d. begotiatio of itte ag ee e t of usto a la do e s gii g ose t to a uisitio of / oe [a d pio to de laatio of a uisitio / hapte ...

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/ o pe satio a d assista e fo la d a d esou e a uisitio, est ited a ess to la d a d esou es, a d loss of lielihood to

i poe thei lielihoods a d sta dads of lii g o at least to estoe the , i eal te s, to pe-

displa e e t le els o to le els pe aili g pio to the egi i g of poje t i ple e tatio, hihe e is highe .

/ oe s ol a uisitio of la d, ho e e , aket aluatio i ludes all fitues o

la d i ludi g t ees a d gade s. 5oes ot spe ifiall e uie oside atio of

lielihood i pa ts o losses.

‘e og ises usto a title a d ight to o pe satio if usto a title is o pulso a uied.

bo e uie e t to i poe o estoe i o e ea i g apa it o to poide de elop e t e efits.

bo e uie e t to i poe sta dads of lii g of displa ed poo a d ule a le g oups to atioal i i u sta dads. “LD does ot poide a atioal

i i u lii g sta dad.

/ o pe satio offe s i lude aket alue of la d a d o e ial foest assets o a uied usto a la d. L luded offe of epla e e t la d a d/o ash settle e t. A ll affe ted t i es opted

fo ash o pe satio.

Though [‘t , othe lost assets e.g. ops et . to e epla ed i full o paid fo i ash at aket ate 9 title e t a at i, / hapte .

9sta lish e t of a d suppot fo o-ope atie soieties to i poe i o e ea i g apa it fo usto a la do e s / hapte .

5e elop e t e efits i fo of oalt ag eed ith la do e s i t oess A g ee e t / hapte .

. oth la do i g a d o-la do i g affe ted pe sos to de ie de elop e t e efits fo the t oje t though i ple e tatio of a . e efit “hai g Cud.

“u e to e ude take to ide tif ule a le g oups losi g a ess to lielihood assets a d fishi g/huti g. 9 title e t a at i sets out

easues to i poe sta dads of lii g fo these g oups.

A ti e-oud pla setti g out assess e t of losses a d i pa ts, osultatios, o pe satio

poess a d s hedule is to e pepaed

5oes ot e uie a pla o assess e t epot, e uies ol puliatio of

de laatio a d aluatio of o pe satio.

t h poess ag ee e t ith usto a la d o e s esta lishes a ag eed poess fo la d a uisitio.

t h pepai g [‘t osiste t ith W . e uie e ts. / hapte sets out i ple e tatio a a ge e ts, s hedule a d udget.

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‘e og izes o-titled pe sos as eligi le fo o pe satio fo st utues, ops, t ees et . a d la d i so e ases

‘e og izes all i te est holde s i the la d hethe egiste ed o usto a . A lso e og ises usto a i te ests to

ops, t ees a d st utues he e lai s ae ade.

5oes ot e og ise illegal o upa use o s uatti g i te ests.

/ o pe satio a d lielihoods estoatio fo othe la d use s, egadless of o e ship ights, i luded i [ A [‘t .

A ssets su e s/e sus oduted to ide tif a d des i e affe ted st utues a d ops a d thei o e s a d alue full epla e e t osts.

‘t ust e satisfa toil i ple e ted o pe satio paid, lielihood assista e easues o e ed a d oitoi g

ude take pio to a la d a uisitio o ha ges i la d title

[a d egiste a e alte ed i fa ou of Doe e t oths afte a uisitio date poided the e a e o appeals agai st de laatio pio to o pe satio ei g paid .

botie to a ate la d a e issued efoe o pe satio paid, ho e e

additioal i te est is pa a le o o pe satio he e this o us.

boties to a ate et to e issued. / ost utio et to o e e

[ A [‘t to e put i pla e ith i ple e tatio udget efoe otie to a ate la d issued. [ A [‘t ti efa e e uies o pe satio a d e title e ts to e poided efoe e oo i displa e e t though

otie to a ate.

/ o pe satio to e paid poa tiel to la d/esou e o e s i ludi g i diiduals o g oups ased o ide tifiatio i a

i e to –as of e tai date.

/ o pe satio ol paid if i te est holde s su it a lai ithi thee

oths of de laatio a d offe of o pe satio a epted i te est

holde

[ A [‘t poides a e sus a d i e to of all assets, a d e title e ts at i, i ludi g assets of o-la do e s, settlos o s uatte s.

/ o pe satio poess ag ee e t sig ed all affe ted la do i g t i es. bo ide tified usto a o e s of / oe [a d halle ged / h[ o pe satio offe .

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V aluatio of la d a d esou es ased o epla e e t ost at u e t a ket pies

V aluatio pi ail ased o oditio of la d. A out of o pe satio is at the dis etio of the / o issioe of [a ds though ust e just . bo ase la e ists.

. est i te petatio ased o legal a alsis of U Y la is u e t aket alue of la d a d esou es.

[a d o pe satio ased o pofessioal aluatio of la d a d sta di g foest. / usto a o e s e o e e ual shaeholde s ith goe e t i the egiste ed o pa holdi g the title to the a uied la d ude te s of the t oess A g ee e t.

9 pe ie ed soial s ie tist oduted aluatio of assets at full epla e e t ost ithout allo a e fo depe iatio.

[ A [‘t follo i g W . poliies. W he e possi le, esou es to e epla ed o e-esta lished like fo like, athe tha ash o pe satio paid.

“pe ial ide tifiatio of a d easues to e poided fo

se e el affe ted households i.e. those losi g % o oe of podutie assets

bo diffe e tiatio ade fo ag itude of losses, o additioal easues e uied o pe satio fo la d a d

assets lost ega dless of i pa t of loss.

9 isti g data suggests that o households a e se e el affe ted. A dditioal stud e uied to ofi o ide tif a se e el affe ted households. “tud is a e uie e t of the L ple e tatio “ hedule / hapte .

“e e el affe ted households ide tified to e eie additioal suppot i a oda e ith 9 title e ts a at i.

W . poli adopted fo poje t. [ielihoods estoatio add essed i [ A [‘t .

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t efe e e should e gie to la d-ased esettle e t st ategies fo

displa ed pe sos hose li elihoods ae la d-ased.

bo e uie e t fo la d ased o pe satio.

t h a d a i ist of [a ds, I ousi g a d “u e poided optio fo potio of o pe satio pa kage fo / oe [a d to o pise of epla e e t la d. ‘epla e e t la d offe ed supe io i loatio to

a uied la d ith o e ial de elop e t pote tial.

A ll la do i g t i es de li ed offe of la d a d ele ted to e eie % ash o pe satio see ... The esta lish e t of / o-

ope atie “oieties fo ea h t i e poides fo a thid of o pe satio fuds to e applied to i est e ts a d usi esses ith suppot a d t ai i g fo t h.

L ple e tatio A g ee e t et ee 5e elope a d “LD poides fo host o uit to e eie fist pefe e e fo e plo e t a d ot a ts i t oje t.

The o o e poides the . a k ith the ele a t d aft esettle e t

i st u e t hih ofo s to this poli , a d akes it a aila le at a pla e a essi le to displa ed pe sos a d loal bDhs, i a fo ,

a e , a d la guage that ae ude sta da le to the .

bo e uie e t to pepae a d dis lose a esettle e t pla

5 aft esettle e t pla to e dis losed to the puli though the e site a d opies ade a aila le at the t oje t hffie. [ A [‘t

dis losue eeti gs held ith affe ted o uities.

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The o o e is esposi le fo ade uate oitoi g a d e aluatio of the a tiities set foth i the esettle e t i st u e t. U po o pletio of the poje t, the

o o e ude takes a assess e t to dete i e hethe the oje ties of the esettle e t i st u e t ha e ee a hie ed.

bo oitoi g e uie e ts v uate l oitoi g a d epoti g of lielihood estoatio easues fo eas fo a a . a oitoi g a d epoti g o

pe fo a e of g ie a e a age e t s ste L ple e tatio “ hedule .

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GAP ANALY S IS – INDIGE NOUS PE OPLE S The project involves land acquisition activities undertaken by the Borro‘er (S IG) and related impacts as ‘ell as construction and operation activities undertaken by a private entity. The World Bank’s OP 4.10 is applied to the activities involving S IGb particularly in relation to land acquisition and broader impacts and the benefit sharing arrangements for the Bahomea / Malango communities (as described in the LALRP and CDP)b ‘hile the WB’s PS 7 on Indigenous Peoples is triggered for construction and do‘nstream related impacts involving the private entity (as described in the E S IA).

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bo. Lt “afegua d t oli ‘e uie e ts

W .

t oje ts t la i g / o plia e ith “afeguad t oli /“ta da d ‘e uie e ts

The o o e /lie t ill ide tif though a e io e tal a d soial isks a d i pa ts assess e t

poess all o uities of L dige ous t eoples ithi the poje t aea of i flue e

ho a e affe ted the poje t, as ell as the atue a d deg ee of the e pe ted die t a d i die t e oo i, soial, ultual i ludi g ultual he itage a d

e io e tal i pa ts o the .

Yes

The 9 io e t A t poides fo the ide tifiatio of Lt s a d othe affe ted pe sos a d o uities though the soial i pa t e uie e ts of the 9“LA . The t oje ts 9“LA has ade uatel a hie ed this ke e uie e t. The 9“LA oe ed the a ea of

i flue e. Cull o plied ith.

A d e se i pa ts o affe ted o uities of L dige ous

t eoples should e a oided, he e possi le. W he e

alte aties ha e ee e ploed, a d ad e se i pa ts ae ua oida le, the lie t ill i i ize, estoe,

a d o pe sate fo these i pa ts i a ultuall appopiate a e o e suate ith the atue a d s ale of suh

i pa ts a d the ule a ilit of affe ted peoples a d A ffe ted / o uities of L dige ous t eoples.

Yes

t oje ts pote tial ad e se i pa ts o t i al peoples Lt s a d espe iall o thei ule a ilit

e e ide tified 9“LA ade uatel. 5e elop e t easues, espe iall ultuall appopiate itigatio easues i ludi g lielihood st ategies

ha e ee ide tified a d ade uate easues ha e ee pese ted i the [a d A uisitio &

[ielihoods ‘estoatio t la . The t oje t otai ed full pa tiipatio of affe ted t i al populatio to e sue that thei opi ios a e take i to a out a d to i i ize egatie poje t i pa ts o the . Cull o plied ith.

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W .


The o o e /lie t ill ude take a e gage e t poess ith the affe ted o uities of L dige ous

t eoples

Yes

The o o e /lie t stakeholde e gage e t pla is a d a i dou e t. [oal populatios o e s a d g ie a es ill e gathe ed thoughout the lifespa of the t oje t. “olutios to the ill e fo ulated to e sue ogoi g o uiatio ith the . Cull o plied ith.

W . ht . e uies oad o uit suppot of

affe ted L dige ous t eoples o uities though a

poess of fee, pio a d i fo ed osultatios.

Yes

t h osultatios a d 9“LA okshops pepaed the a fo oad o uit suppot pese ti g

loal populatios ith suffiie t i fo atio o aious o poe ts a d i pa ts of the t oje t.

“oial “u e s ha e also pepa ed the a fo . / “ The assess e t of . / “ i ludi g a egotiated A ess A g ee e t, t oess A g ee e t, a d e ods of ide affe ted o uit ose t, is pese ted i the [ A [‘t , 9“LA a d / 5t . Cull / o plied ith.

The o o e /lie t ill oside feasi le alte atie

poje t desig s to a oid the eloatio of L dige ous

t eoples fo o uall held la ds.

Yes

The sele ted poje t la out alte atie a oids a ph sial eloatio of people. Lt also i i izes e oo i displa e e t. The poje t poides suffiie t o pe satio a d ogoi g oalt pa kages to ea h A t . Cull o plied ith.

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W .


W he e a poje t a sig ifia tl i pa t o itial ultual he itage that is

esse tial to the ide tit a d/o ultual, e e oial, o spiitual aspe ts of L dige ous t eoples li es, pioit ill e gi e to the a oida e of suh i pa ts. W he e sig ifia t poje t i pa ts o itial ultual he itage ae ua oida le, the lie t ill otai the oad o uit suppot of the

affe ted o uities of L dige ous t eoples.

Yes

9“LA foused o gathe i g i fo atio o ultual he itage i the poje t a eas fo i te ie s ith the loal populatio. Lt ide tified ultual sites that

ill e affe ted the ese oi i poud e t a d oad upg ades. 5ui g the itigatio okshops, easues e e dis ussed ith loal populatios to

e sue that thei opi ios egadi g the fate of ultual sites e e take i to a out a d that o pe satio ill e paid fo a losses i u ed.

Cull o plied ith.

The o o e /lie t a d the affe ted o uities of L dige ous t eoples ill ide tif itigatio easues i alig e t ith the

itigatio hie a h as ell as oppotuities fo ultuall appopiate a d sustai a le de elop e t e efits.

Yes

5e elop e t of easues has alead ee o pleted dui g 9“LA a d follo - up osultatios. These easues e e de eloped ith full pa tiipatio of loal populatios to e sue

that thei opi ios ae take i to a out dui g itigatio okshops .

t ost-9“LA osultatios ha e ee oti ued t h to keep the A t s full i fo ed of the poje ts pog ess a d the fi alizatio of the [ A [‘t a d / 5t . Cull o plied ith.

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W .


The atue of the poje t, the poje t ote t, a d the ule a ilit of the affe ted o uities of L dige ous

t eoples ill dete i e ho these o uities should e efit fo the poje t.

Lde tified oppotuities should ai to add ess the goals a d pefe e es of the L dige ous t eoples i ludi g i poi g thei sta dad of lii g a d lielihoods i a ultuall appopiate a e , a d to foste the

log-te sustai a ilit of the atual esou es o

hih the depe d.

Yes

5e elop e t of itigatio easues, i ludi g easues to e sue safegua di g of lielihoods, as a ied out dui g the 9“LA a d [a d

A uisitio a d [ielihood ‘estoatio t la ith the full patiipatio of loal affe ted populatio. a easues to e sue log-te e efits fo loal populatio e e poposed a d a e des i ed i the / 5t . Cull o plied ith.

The lie t/o o e ill pepa e a pla that togethe

ith the dou e ts pepa ed the esposi le

goe e t age ill add ess Lt safeguad e uie e ts.

Yes

“pe ifi easues fo estoi g the li elihoods of i dige ous peoples ith espe t to la d a uisitio a e oe ed i the [a d A uisitio a d [ielihood ‘estoatio t la . . e efit shai g a a ge e ts ae oe ed i the / 5t .. Cull o plied ith.

The safeguad i st u e ts ill e dis losed togethe ith 9“LA .

Yes The t h has dis losed the d aft 9“LA a d [ A [‘t to o uities i “olo o Lsla ds t iji a d

uploaded to the t oje ts e page a d fa e ook sites. Ci al pla s, i ludi g the / 5t , ill e e-dis losed. o its e page. t la s ae dis losed i 9 glish as “L t iji is ot eadil ude stood as a

itte la guage. W . ill also dis lose the safeguad pla s. Cull o plied ith.

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W .


t epa e a a tio pla fo legal e og itio of usto a ights to la d a d

te itoies o a est al la d

Yes The [ A [‘t , togethe ith “olo o Lsla ds la a d the a tios of “LD legall e og ized usto a la d ights of the fie t i es a d fo ulated a

patiipato a tio pla to a uie la d, pepae o pe satio pa kages, a d i ple e t a

lielihood estoatio pog a . t h has pla ed o-ope atie soieties fo the affe ted t i es to

i est o pe satio a d poide ogoi g lielihood e efits. Cull o plied ith.

a oito the i ple e tatio of safeguad pla s a d dis lose oitoi g epots

Yes The 9“LA has esta lished o pehe sie aseli e oitoi g i diatos fo poje t i pa ts o Lt s.

The t a U ill ha e a safeguad ell a d a i fo atio a age e t s ste to s ste atiall

oito the i ple e tatio of o pe satio, itigatio a d e efit sha i g a a ge e ts i

osultatio ith the A t s. / o plied ith.

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5 INDIGE NOUS PE OPLE S S AFE GUARDS

OVE R VIE W

As outlined aboveb OP 4.10 sets out the measures through ‘hich the borro‘er ‘ill ensure that (a) Indigenous Peoples affected by the project receive culturally appropriate social and economic benefits; and (b) ‘hen potential adverse effects on Indigenous Peoples are identifiedb those adverse effects are avoidedb minimizedb mitigatedb or compensated forb is not required. Instead of a separate IPPb these key elements of an IPP should be built into the overall project design.

Meaningful consultation and engagement has been undertaken ‘ith the affected communities throughout project designb and the elements of an IPP have been mainstreamed into project design and documentation (including the E S IAb LALR P and CDP). This section summarizes the measures taken during project design to ensure the elements of an IPP are designed into the project and points the reader to ‘here these aspects are documented

Chapter 8 (S ocioceconomic/socioccommunity baseline) and 12 (Assessment of socioceconomic/socioccommunity impacts) of the E S IA provide detailed information on e’isting conditions and analysis of likely impacts of the project. Importantlyb they provide substantial detail in relation to indigenous peoples.

ME E TING WOR LD BANK POLICY R E QUIR EME NTS

World Bank Policy Policy Requirements

OP 4.10 establishes minimum requirements for a project for Bank funding that affects Indigenous Peoples. The follo‘ing table details ho‘ the key policy requirements have been satisfied.

Policy R equirement Ho‘ requirement has been satisfied

S creening to identify ‘hether Indigenous Peoples are present inb or have collective attachment tob the project area

S ection 8.1.4.3 of the E S IA c The People of the Project Area – describes the languageb kinship/tribal structures and political organization aspects of the Bahomea c Malango people ‘ho inhabit the project area.

It is concluded that the BahomeacMalango people are considered to be Indigenous for the purposes of application of the World Bank’s policy.

A S ocial Assessment

S ection 8 of the E S IA – S ocioceconomic / socioccommunity baseline details the primary aspects of socioceconomic structures in the community and addresses: (i) Community and stakeholder participation; (ii) S ocial organization; (iii)

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S ocioceconomic profiles (iv) sources of livelihoods; (v) human capital; (vi) physical capital; (vii) social capital; (viii) financial capital; (i’) natural capitalb and; (’) Cultural Heritage and Gender aspects.

S ection 12 of the E S IAb Assessment of S ocioceconomic / S ocioccommunity Impacts associated ‘ith the project. S ection 12 includes details and assessment of (i) community ‘orkshops; (ii) broad community support and Project Planning; (iii) Women’s participation; (iv) Potential Adverse S ocial Impacts and Mitigation; (v) Potential Beneficial S ocial Impacts.

A process of freeb priorb and informed consultation ‘ith the affected Indigenous Peoples to fully identify their vie‘s and ascertain their broad community support for the project.

Whereas OP4.10 requires freeb prior and informed consultation to ascertain broad community support under WB OP 4.10 for activities relating to land acquisition and community benefits . Mitigation Workshops prepared the ‘ay for the BCS by presenting local populations ‘ith information on the various components and impacts of the Project. S ocial S urveys also prepared the ‘ay for BCS . The assessment of BCS is presented in the social baseline section in Chapter 8 of the E S IA.

S ection 12.3.3.1 of the E S IA details ho‘ the Project Office achieved BCS . The early and sustained engagement ‘ith the affected communities enabled the development of a good ‘orking relationship bet‘een the Project and local peopleb and for the inclusion of their concerns and kno‘ledge into the consideration of various options.

S ection 12.3.3.1 concludes that:

There is broad support among local communities for the Project and there is no clear direct opposition to it. A minority of clan leaders and aspirants objected publicly to the land identification and acquisition process.

There is a ‘ritten agreement bet‘een each of the five lando‘ning tribes and S IG for the acquisition of the land to construct and operate the Project (‘Process Agreement’);

There is broad community support to the benefit sharing arrangements (as described in the LALR P and CDP);

Hydroelectric development is ‘idely seen as the most preferred and least destructive development opportunity for the Tina/Ngalimbiu R iver catchment

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(others being gold mining and logging of primary forest);

community concerns about the project are generally confined to the mitigation of potential impacts and the securing of benefits;

There has been a comparatively high level of participation of community members of both genders and all ages in the TR HDP PO’s activities.

There is ‘idecspread understanding of the purpose of the TR HDPb and ‘hat it involvesb although the details of particular hydropo‘er generation options are not ‘ell understood;

There is a high degree of trust of the TR HDP PO and the information it has providedb and a sense that local peoples’ concerns are being heard and dealt ‘ith; and

There has been considerable discussion ‘ithin the communities about the Projectb including its benefits and potential impacts.

Preparation of an Indigenous Peoples Plan or Indigenous Peoples Planning Frame‘ork

Paragraph 12 of OP4.10 establishes that ‘hen Indigenous Peoples are the sole or the over‘helming majority of direct project beneficiariesb a separate Indigenous Peoples Plan (IPP) that sets out the measures through ‘hich the borro‘er ‘ill ensure that (a) Indigenous Peoples affected by the project receive culturally appropriate social and economic benefits; and (b) ‘hen potential adverse effects on Indigenous Peoples are identifiedb those adverse effects are avoidedb minimizedb mitigatedb or compensated forb is not required. Instead of a separate IPPb these key elements of an IPP should be built into the overall project design. While the project presents a number of specific impacts and risks to indigenous peoples present in the project areasb it also includes a number of benefit sharing arrangements for both landco‘ning tribes as ‘ell as other tribes in the project area and it is deemed that the elements of an IPP can be incorporated into project design and other safeguard plans instead of a standcalone IPP. Togetherb the E S IAb this LALR P and the CDP document the IPP elements in project design including: (i) summary of legal and institutional frame‘orkb and baseline datab as relating to Indigenous Peoples in the project conte’t; (ii) social assessment; (iii) S ummary of consultations ‘ith Indigenous Peoples communities; (iv) Actions to ensure that Indigenous Peoples receive culturally appropriate

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social and/or economic benefits; (v) identification of Actions to address any adverse impacts on Indigenous Peoples communities; (vi) Cost estimates and financing plan for implementing actions or activities; (vii) culturally appropriate grievance and M&E procedures

Disclosure of documentation in local language to the affected communities

The documents have been disclosed on the ‘ebsite of the TR HP ‘ebsite as ‘ell as the World Bank ‘ebsite. Disclosure using local language and customs has also been achieved in the project area. This disclosure included t‘o rounds of disclosure for the E S IAb as documented in Chapter 1 of the E S IAb as ‘ell as disclosure of progressive versions of the LALR P to communities in November 2015 and March 2017 respectively.

Definition of Broad Community S upport

The Project Office (PO) under the MME R E ‘as responsible for planning and delivery of the broad community support seeking consultative program and for informing and consulting ‘ith local communities and other stakeholders concerning project concept and designb po‘er generation option investigations and selectionb detailed proposalsb and matters related to the use of land and resources belonging to local communities. International development agencies define freeb prior and informed consultations in several ‘ays. For the purposes of the Project the follo‘ing definitions ‘ere used:

“Free” c implies the absence of coercionb intimidation or manipulation (including bribery or re‘ards).

“Prior” c implies that sufficient time is provided to indigenous communities and stakeholders during consultations and decisioncmaking processes. This allo‘s community members and stakeholders to receive adequate informationb come togetherb discuss the proposalb and make decisions prior to providing any formal response on support.

“Informed” c implies that the affected communities and stakeholders have access to relevant information on the project in order to engage in consultations and decisioncmaking processes. Providing ‘access’ to information implies that the information is (i) in a form and language that is suitable for the particular communities and stakeholders; (ii) accurate; (iii) delivered in a culturally appropriate and inclusive ‘ay; and (iv) made available to every member of the community.

“Consultation” refers to an inclusive and fair process of interactionb engagementb and dialogue bet‘een various stakeholders ‘ith respect to a proposed development or activity. The intention is to achieve a clearb shared understanding of the proposalb the issues and concerns of all partiesb and of any future actions and decisions. It does not imply common agreement or consensus as an outcome.

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Methods of Consultations and Affected Communities Broad Community S upport and F ree and Informed Participation

The overall scope and stakeholder consultation and participation could be structured at t‘o levels (i) consultationb participation and formal agreement and support from the five core lando‘ners ‘hose lands have been acquired; and (ii) consultationb participation and broad community support from all the affected indigenous peoples communities from the project impact zone. These outcomes have been achieved through complementary consultations and engagement approaches by the E S IA team from 2013c2014 and by the Project Office ‘ho has been continuously consultingb engaging and disclosing key information to all affected indigenous peoples communities from 2011 until the present. E ’cept for dedicated consultations ‘ith core lando‘ning tribes regarding land acquisition and compensationb all consultations undertaken ‘ere participated by both core lando‘ners and other nonccore land tribes ‘ho belong to the same Malango speaking indigenous peoples and separate meetings held ‘ith Ghaobata tribes from do‘nstream areas.

The a‘areness raising and consultation activities by PO commenced in the Tina/Ngalimbiu R iver catchment early in the development process during 2011b prior to any investigations of suitable dam sites. Initiallyb consultations focused on lando‘ners’ consent to undertake geological and hydrological investigations in the catchment leading up to the signing of the Consent Agreement by all the 27 tribes in the project area. This involved identifying all the relevant clans and developing arrangements for consultation ‘ith them. These arrangements evolved over timeb and consultation processes ‘ere formalized in 2012 through a S takeholder E ngagement Plan ‘hich ‘as made available to the public. This S takeholder E ngagement Plan served as a guide to ensure continuous engagement to minimize any consultations constraints and challenges specific to the project conte’t and attend to issues earlyb and build better understanding of the project and the communities ‘ith ‘hich the project is interacting. The also PO regularly discloses any ne‘ information to all the indigenous peoples communities ‘here the project site is located to procactively mitigate any risk of misinformation in the affected indigenous communities.

Table 5c1 – Project S takeholder and E ngagement Plan

S takeholder Form of E ngagement Frequency R esponsibility

Project Area Communities

Community Meetings ‘ith CLA

Community Meetings ‘ith LOC

Community Meetings ‘ith HOC

PO Meetings ‘ith CLA

PO Meetings ‘ith LOC

PO Meetings ‘ith HOC

Group a‘areness on specific issues

Participatory activities (village mapsb etc)

Monthly

Monthly

Monthly

Monthly

R egularly

R egularly

E very t‘o months

As required

CLA

LOC

HOC

PO

PO/LOC

PO/HOC

PO

PO/E S IA/S A

Community

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Inquiries through CLAb LOCb phone te’tb PO

Meetings ‘ith Land Acquisition Officer

Project documents at village locations

R adio Broadcasts

Meetings ‘ith Women/Y outh/Church

Targeted meetings ‘ith vulnerable groups

Meetings ‘ith study groups

As required

Ongoing

Ongoing

Weekly

Monthly

Monthly

Ongoing

Lands Officer

PO

PO

PO

PO

E S IA/S A Teams

Lo‘er Do‘nstream Communities

PO meetings ‘ith CLA

Meetings ‘ith HOC

Participatory activities (village mapsb etc)

Open days

Inquiries through CLAb phone te’tb PO

Project documents at village locations

R adio Broadcasts

Meetings ‘ith Women/Y outh/Church

Meetings ‘ith study groups

E very t‘o months

T‘ice a year

As required

T‘ice a year

Ongoing

Ongoing

Weekly

T‘ice a year

Ongoing

PO

PO

PO/E S IA/S A

PO

Communities

PO

PO

PO

E S IA/S A Teams

S IG c MMER E Briefings and meetings ‘ith relevant officials

Meetings ‘ith Taskforce

Workshops

Open Days

Email/Telephone communication

Ne‘sletter

As required

Ongoing

T‘ice a year

Once a year

R egular

T‘ice a year

PO/S IG

PO/Taskforce

PO

PO

PO/S IG

PO

S IG – other Ministries (PMb TF b ME CDMb MLHS b MWY CFA)

Briefings and meetings ‘ith relevant officials

Workshops Open Days


Ne‘sletter

As required

T‘ice a year

Once a year

Ongoing

T‘ice a year

PO/S IG

PO

PO

PO/S IG

PO

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S IE A Briefings and meetings ‘ith relevant officials

Workshops

Open Days


Ne‘sletter

Ongoing

T‘ice a year

Once a year

Ongoing

T‘ice a year

PO/S IE A

PO

PO

PO/S IE A

PO

Donor partners (WBb E IBb IFC)

Email and phone communication

Briefings and meetings

Workshops

Open Days

Ne‘sletter

R egular

As required

T‘ice a year

Once a year

T‘ice a year

PO/Donors

PO/Donors

PO/Donors

PO

PO

Provincial Government of Guadalcanal


Workshops

Open Days

Telephone/E mail inquires

Ne‘sletter

Quarterly

T‘ice a year

T‘ice a year

As needed

T‘ice a year

PO/PGG

PO

PO

PO/PGG

PO

Women’s Development Desk for Guadalcanal Province


Workshops

Open Days

Telephone/E mail Inquiries

Ne‘sletter

Quarterly

T‘ice a year

Once a year

As needed

T‘ice a year

PO/WDDG

PO

PO

PO/WDDGP

PO

General Public

Media – Press releasesb storiesb ‘ebpage

Open Days

Email/Telephone inquires

Ne‘sletter (on ‘ebsite)

As required

Once a year

As needed

T‘ice a year

PO

PO

Public

PO

NGOsb donor community

Media – Press releasesb stories

Open Days

Email/Telephone inquiries

Meetings by request

As required

Once a year

As needed

As required

PO

PO

NGOsb donors

POb NGOsb donors

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Ne‘sletter

T‘ice a year

PO

S olomon Islands Media

Media announcements and briefings

Media Intervie‘s

S ite visits

Open days

Ne‘sletter

As needed

As needed/by request

Once a year

Once a year

T‘ice a year

PO

PO/Media

PO

PO

PO

Others As needed

PO: Tina Hydro Project Officeb S IE A: S olomon Islands E lectricity Authorityb CBO: Community Based Organizations S IG: S olomon Islands Government; PGG: Provincial Government of Guadalcanal; WDDGP: Women’s Development Desk for Guadalcanal Province; MME R E : Ministry of Minesb E nergy and R ural E lectrification; E S IA: E nvironment and S ocial Impact Assessment Team; CLA: Community Liaison Assistants; HOC: House of Chiefs; LOC: Lando‘ner’s Council; S A: S ocial Assessment Team.

The early and sustained engagement ‘ith the affected communities has enabled the development of a good ‘orking relationship bet‘een the Project and local people and the inclusion of their concerns and kno‘ledge into the consideration of various options for the hydro development. Table belo‘ provides a summary of the consultation undertaken from 2011 – 2016.

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Table 5c2 – S ummary of the timing and location of consultation undertaken by the Project Office

Y ear No. of meetings and consultations held

Communities K ey Activities/ Items Discussed

2011 26 meetings

Tribal representatives and House of Chiefsb Communities in Malango and Bahomeab Do‘nstream representatives and communitiesb Provincial government officialsb Guadalcanal Women’s Centre.

A‘areness about the projectb history rationaleb benefits and potential impacts.

S olicit tribal vie‘s including ‘omen on ‘hether the project should go ahead or not.

Briefing about the initial investigative ‘ork.

S election of CLAs

Communities confirmed that project should go ahead.

2012 38 meetings Tribal representatives and House of Chiefsb Communities in Malango and Bahomeab Do‘nstream representatives and communitiesb settlement villages

Updates/‘orkshop and consultations on progress of project activities

Consultations on results of feasibility studies and investigative ‘ork such as drilling

Updates on the status of land identification and discussion on lando‘ners benefits

Workshop among CLAs on ho‘ to ‘ork in their communitiesb understand the project and pass on information to communities Workshops among HOCsb tribal leaders and

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members to e’change ideas on project benefits and feedback on their priorities

S ort out misconception that project ‘ill be launched do‘nstream

Get vie‘s on S takeholder E ngagement Plan

2013 66 meetings Tribal representatives and House of Chiefsb Communities in Malango and Bahomeab Do‘nstream representatives and communitiesb S ettlers from Weather Coast of Guadalcanal

Formal and informal updates/meetings and consultations about the project progressb feasibility studyb benefit share

Workshop among CLAs on ho‘ to e’plain technical terminologies on hydropo‘er

Taskforce from several government agencies visited and meet ‘ith the communities

S eek the vie‘s of tribal leaders on some project sites

Meeting ‘ith BLIC

Briefingb a‘areness and specific meetings on the land identification process and outcomes

S pecific meetings ‘ith the potential core tribes

Identification and briefings among the community champions

2014 55 meetings Tribal representatives and House of Chiefsb Communities in Malango and Bahomeab

Outcomes of lando‘nership identification by BLIC b

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Do‘nstream representatives and communities

land boundariesb LTA provisions on appeal

Negotiation on the Process Agreement

Project updates and consultations

J S DF support initial discussion

2015 32 meetings Core lando‘ning tribesb communities in Bahomea and Malango

Meeting ‘ith core lando‘ning tribes on compensation offersb cooperatives and implementation/requirements of process agreementb livelihood restoration plan

Updates on developerb route on access roadb J S DF funding

2016 31 meetings Core lando‘ning tribesb communities in Bahomea

Meetings on formation of cooperatives for core lando‘ning tribes and release of compensation pay

Discussion of gender issues in the project

Update and consultation on road concept design by Cardno Australia

Community champions meetings regarding the benefit share scheme and ho‘ to consult ‘ith community members.

Disclosure of E S IA.

2017 2 meetings Bahomea and Malango communities

Disclosure of 2017 LALR P and consultation on community benefit share fund.

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Communities supported Project proceeding.

S ource: S ummary of E S IA 2017b Anne’ 14

Details of the consultations and key issues discussed as components of broad community support are outlined belo‘.

E S IA consultation. The social impact assessment by the E S IA team further facilitated community engagement and feedback on the potential benefits and impacts of the project and proposed responses to those impacts. The scope of the E S IA covers (i) Talucspeaking customary lando‘ning residentsb including leadersb general publicb groupsb kinship groupsb ‘omenb and youth; (ii) the ”settler” residents (that isb people originating from else‘here in Guadalcanalb but residing locally as ‘guests’ of the lando‘ners; (iii) users of the Tina R iver; (iv) other stakeholders including customary lando‘ners ‘ho do not regularly reside in the project area’ and (v) environmental NGOs and communitycbased social organizations.

To ensure that various stakeholders ‘ere covered by the consultative programs and field‘ork investigationsb the Tina R iver catchment area ‘as divided into four broad areas or zonesb each ‘ith a different set of issues investigated as follo‘s:

1. Any communities located in the Direct Impact Areab that isb the lands required for the construction and operation of the proposed damb storage reservoirb headrace tunnelb and po‘erhouseb as ‘ell as any borro‘ areasb set do‘n areasb and yardsb etc (Core Area) and any communities located in the 50 metre ‘ide access road and transmission line corridor (Infrastructure Corridor). No communities or residences ‘ere identified in this area or in the Upstream Area above the reservoir.

2. The people and communities likely to be mainly affected by changes in the river ‘ater qualityb volumeb or availability during the construction or operation of the hydro scheme –do‘nstream of the po‘er station site. This area ‘as designated as the Do‘nstream Area. Within this groupb the S enge Community are the villages located closest to the Direct Impact Area.

3. The people and communities likely to be mainly affected by modifications tob and use ofb the e’isting or ne‘ access road/sb and transmission line corridor but ‘ho are not located ‘ithin the Direct Impact Area. These areas ‘ere designated as the Infrastructure Area.

4. The communities ‘ith o‘nership rights to customary land and natural resources in the project area and in do‘nstream areasb but do not reside in the TinacNgalimbiu R iver valley. These community areas ‘ere designated as the Wider Impact Area (WIA).

These area categories are generally consistent ‘ith the communities’ geographical distance from the key project infrastructure locations. Groups 1 to 3 could also be affected by loss of access to livelihoods and resources upstream of the proposed damb and by the potential presence of a construction ‘orkforce. Ho‘everb all categories could benefit from employment or contracting opportunities during construction and operation of the scheme.

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Using this classificationb the villages and hamlets in each of the different project impact areas ‘ere identifiedb as sho‘n in the table belo‘.

Table 5c3 – C lassification of settlements by Potential Project Impacts

Impact area Customary lando‘ning communities Nonccustomary communities

Direct Impact Area (DIA) and Upstream Area

S ettlements

None.

Do‘nstream Area

S ettlements

In Bahomea district:

S enge Community (pro’imate to the reduced flo‘ reach):

Chorob Koropab S enge

Other Bahomea:

Habusib Pachukib Namopilab Komureob Vatunadib Tahaurasab Tinab Valebebe 1 & 2b Vuramalib Haimaneb Valebarikib Horohutu2

In Ghaobata area (plains):

Popolo 1 & 2b Old S el‘ynb Ngalimerab S elaghoghorob Pokasoub S iroighab Kadavub R avu areab villages on Tenakaro R oadb and riverside road to Tetere bet‘een main road and the mouth of Ngalimbiu R iver .

Horohutu1

Ne‘ Birao

GPPOL villageb

Infrastructure Area settlements

Bahomea District

Mangakiki/Verakujib Pachukib Marava areab Vera’ande/Grassy

Verakabikabib Namanu area

Wider Impact Area (WIA) settlements

In Malango district

Communities of Malango area and Belaha area

Consistent ‘ith the catchment settlement of projected impacted areas (table belo‘)b the E S IA team held a fourc‘eek intervie‘ program and participatory ‘orkshops in J ulycS eptember 2013 ‘ith the Tina and Ngalibiu R iver communitiesb and adjacent land o‘ner’s communities in Malango. The 15 community focus ‘orkshops covered all of the villages in the project areab and had a total recorded (minimum) attendance of 511 people. The

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‘orkshops ‘ere arranged in advance ‘ith the help of the TRHDP PO and involved directly the locallycbased community liaison assistants (CLAs).

Table 5c4 – C ommunities ‘here focal ‘orkshops ‘ere held in 2013

Date Venue Communities Number of Participants

WARD/District

2cS epc13 Marava Maravab Vatupauab R ate CHS b

Ngongoti

31

Bahomea (Upstream Communities)

3cS epc13 Haimane Horohotu 2b Vuramalib Haimaneb

Katihana

44

4cS epc13

Tina

Tinab Valebebeb Valebarikb

Valemaotab Tahurasa

38

5cS epc13 Antioch Antiochb Valesalab Komeo

41

9cS epc13 S enge S engeb Koropob Choro

22

10cS epc13 Pachuki Habusib Pachukib Veraloka

43

12cS epc13 Verakuji Mangakiki & Verakuji 80

13cS epc13

Namopila

Namopilab Komureob Valekochab

& Vatunadi

28

17cS epc13

Mataruka and Ado

Mataruka 1b 2b 3b 4b Belahab More than ten villages (2 separate meetings held)

83

Malango/Belaha

18cS epc13 Veraande & Horohotu 1

Veraandeb Verak‘eleb Konga Horohotu 1b Niumahata (NB: T‘o separate meetings held)

24

Bahomea

S ettlements Communities

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19cS epc13 R avu (at least 5 communities represented)

19

Gaobata/Plains (Do‘nstream Communites)

20cS epc13 Verakambikmbi

Old S el‘yn

Verakambikambi

Old S el‘yn (Popoloi)

(NB: T‘o separate meetings held)

58

S ource: E S IAb 2017

A follo‘cup mitigation ‘orkshop ‘as held in 2014 by the E S IA team. This ‘as a ‘ider ‘orkshop composed of several communities in a single venue. There ‘ere 2 ‘orkshops held in Bahomea and 2 in Malango and 1 in do‘nstream Ghaobata. The ‘orkshops included the revie‘ of the results of the community public a‘arenessb consultation and ‘orkshops held. The E S IA findings provided information on the potential impacts of the project and proposed responses to those impacts. S enior TRHDP officers ‘ere present to respond to technical questions or policy issues.

R ecording People’s R esponses

Community members ‘ho attended the ‘orkshops in 2013 and 2014 ‘ere given the opportunity to inform the E S IA team of their specific communities’ interests and their concerns regarding the construction and operation impacts of the Project. These ‘ere recorded on a ‘hite boardb and detailed notes ‘ere also made.

The PO has made use of a variety of culturally acceptable means for communicating ‘ith local communities and stakeholders including both the coreclando‘ning tribes and the nonccore lando‘ning tribes ‘ho are the host community for the project and ‘hose access to core lad ‘ill be affected and as ‘ell as upstream and do‘nstream areas. Important communications have beenb and continue to beb done facectocfaceb starting ‘ith clan and village chiefsb and senior ‘omenb and then e’tend out to the ‘ider village communities including community interest groups (mother’s clubs and church groups). Local communications are undertaken by the project’s tribal community relations staff and Community Liaison Assistants (CLAs) selected by the community leaders themselves. The PO also recruited a ‘ellckno‘n indigenous media person to develop and document the information sharing and a‘areness raising activities of PO.

The presentation of information briefings to local communities and various groups of stakeholders at key points in the project planning process ‘as done in local languages and accompanied by audiocvisual aids. In addition to face to face meetingsb other communication tools include: printed materialsb including a project booklet; mobile phone and S MS b presentations using videob photographsb mapsb and posters and site visits. E ngagement activities by PO ‘ere recordedb lists of attendees ‘ere takenb and minutes ‘ere prepared of consultationsb meetingsb and issues arising from the consultations. The PO has also made a

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photographic record of its community a‘areness raising and consultation activities in affected communities.

The Project is the first of its kind in the country and therefore requires more than a‘areness raising among the affected indigenous communities. To ensure a more informed participationb the S IG sponsored study tours among the representatives of the affected tribes to visit hydropo‘er projects ‘hich constructed dams in F iji ‘here they ‘ere required to report back to their tribe members their observations and feedback. Other measures in place to ensure sufficient and informed understanding among the affected indigenous communities include (i) trainings among the communitycidentified CLAs to translate difficult terminologies and concepts to understandable terminologies to be provided to the communities during consultations and (ii) formation of committees as focal points to the benefitcsharing mechanism ‘hich can directly inform the community members about any updates and clarify any concerns. The groups are living together ‘ith the community members themselves ‘hich allo‘s for informal and formal means of community interaction and a‘areness raising. The timing and scope of consultation allo‘ed enough time for the communities to prepare for the meeting as tribal representatives’ support and consent first need to be acquired so they can inform their tribes prior to any visits. The PO also maintains an open venue for any members of the community to come to the office and request for any clarifications and e’planations on matters they are not particularly clear.

The participation of the affected coreclando‘ning tribes leading to their formal support and consent ‘as also based on informed decision. The Commissioner of Lands (assisted by PO) provided information on the proposed land acquisition and compensation arrangements that ‘ent beyond the statutory requirement to all the tribes in the project area. S uch public information and AP engagement activities ‘ere e’plicitly designed to ensure that all potential interested landholders ‘ere made a‘are of the proposed land acquisitionb their right to claim compensationb and appeal arrangements. This process is detailed in Chapter 6. The public information dissemination program included:

Publishing full page noticesb maps and FAQs in S olomon Islands’ national ne‘spapers;

Posting A3csized notices and maps at the boundary to the core land area and at key locations in the villages of Bahomea and Malango Wards;

Posting A3csized notices and maps at Guadalcanal Provincial Headquarters; Trainingb providingb and equipping multiclingual community educators to speak in

villages in and around the area about the land acquisition process and to display the associated printed information; and

Delivering letters to representatives of each of the 27 tribes registered in Bahomea and Malango Wards e’plaining the land acquisition and compensation claim processes.

In additionb PO continued to maintain communication in personb by phoneb and by S MS ‘ith many individual community members of the core lando‘ning tribes. Numerous meetings have also been held at PO to discuss the land acquisition process ‘ith those potentially affected. La‘yer has been engaged through LALS U and selected by the tribes to assist them in negotiating for the Process Agreement. He has also undertaken a series of community a‘areness meetings to discuss the

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compulsory acquisition process and lando‘ners’ rights among the core lando‘ning tribes.

Among the Ghaobata Ward communities and their House of Chiefs (HOC) ‘hich have a lot of e’perience in dealing ‘ith industrial and resource developments in the Guadalcanal plainsb rentc seeking and requests for payments to engage in project planning have been quite e’plicit. Under advice by kno‘ledgeable senior people from this areab PO has avoided being dra‘n into direct negotiations ‘ith HOCs. Instead it ‘orked through Guadalcanal Provincial Government officers and its o‘n CLAs to provide information and to encourage local people to discuss the Project ‘ithin the community.

The PO’s activities and program ensures that there ‘ill be no room for coercion or intimidationb and bribery or inducement for local people to be involved in discussions about the project. Converselyb some lando‘ners and their tribal/clan leaders demanded and received sizeable “access payments” from the Government to allo‘ site investigationsb consultationsb and related planning activities and meetings to proceed in the proposed project areas. In keeping ‘ith local custom and the e’pectations of local communitiesb PO has presented chupu (customary presentations) and hospitality to local chiefs and communities as part of its activities.

Consultations during E S IA. The E S IA itself ‘as specifically designed and implemented to achieve active participation of affected village residentsb affected do‘nstream residentsb project plannersb and environmentalb technicalb and social specialists. The participatory ‘orkshops combined ‘ith facectocface intervie‘s and direct observation on local communities helped achieve their active participation in consultations and the interaction bet‘een the E S IA team and all project stakeholders.

Prior to conducting field visitsb information ‘as gathered from various stakeholdersb including ME CDMb MHMS b Guadalcanal Provincial Officeb and the Census Office. The main stakeholders consulted during the E S IA included POb ME CDMb MHMS b Guadalcanal Provincial Officeb National Census Officeb and international consultants ‘orking on E S IA. The PO discussed the issues pertaining to the project location. It ‘as supported by CLAs and CLCs. Governance issues relating to the Project ‘ere discussed ‘ith ME CDM and Guadalcanal Provincial Assembly. Health issues ‘ere discussed ‘ith MHMS .

A key output of the consultation planning stage ‘as a program schedule for the village ‘orkshops. The schedule took into consideration the amount of time available for social studiesb the size of the project areab and the impact of ‘eather on accessibility to some project locations. As part of the scheduleb key focal villages ‘ere identified as optimum locations for conducting ‘orkshops and facectocface intervie‘s. The E S IA team recognized that it ‘ould be difficult to conduct village ‘orkshops in each and every village ‘ithin the project area o‘ing to limited resources and the approved timeframe.

S tructured Community Meetings

S tructured community ‘orkshops designed to collect information in each village about (a) the local ‘ay of lifeb social organizationb history of settlementb resourcesb and livelihoodsb and (b) vie‘s on potential project impacts on it. E ach ‘orkshop brought together several associated hamlets. The meetings typically took about 4 hours and follo‘ed a standard format. Discussions ‘ere conducted in S olomon Islands pidgin and occasionally in the local

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indigenous language (talu)b and ‘ere assisted by the use of large format mapsb printed satellite imageryb and sketched diagrams. The PO and E S IA teamb ‘here necessaryb provided them ‘ith additional e’planation of the hydro project components and operations to ensure their sufficient understanding of the topic. Attendance sheets ‘ere completed for each meeting.

A questionnaire survey ‘as conducted ‘ith a randomly selected female householders from each hamlet participated in the community meeting. This questionnaire covered household healthb gender and age structureb resources and incomeb and anticipated project impacts. Appro’imately 50 such intervie‘s ‘ere conductedb each lasting about 30 minutes.

The national cultural impact specialist conducted individual intervie‘s ‘ith village leadersb tribal chiefsb and older kno‘ledgeable about sacred and important other cultural sites and issues. Where time permittedb the E S IA team conducted ‘alks through villages and garden areas complemented by photography and voice recording.

Village Community Workshops

All consultations and ‘orkshops preceded by local announcements of their timetablesb purpose and the programs. They ‘ere facilitated locally by members of POb CLAs and community relations officers. During the brief introduction of the village community ‘orkshops (‘hich ‘as given in E nglishb pidginb and relevant indigenous language)b participants ‘ere advised that:

The E S IA team ‘as independent of PO and individuals’ comments and vie‘points ‘ould be treated anonymously in the assessment; and

People ‘ere free to stay or leave the meeting as they ‘ished. A consent form ‘as distributed by the village chief/s among all participants.

During the ‘orkshopsb questions ‘ere asked regarding peoples’ a‘areness of the proposed projectb and ‘hether the participants and their communities supported the proposed Project or not. The community ‘orkshops ‘ere participatory and interactive. E ach key topic of the project ‘as discussed and displayed on a ‘hiteboard.

Mitigation Workshops

Mitigation ‘orkshops ‘ere used to discuss and to obtain inputs from participants on ho‘ to mitigate potential projectcrelated impacts. The mitigation ‘orkshops follo‘ed the same methodology as the village community ‘orkshops: prior announcementsb meeting place arrangements by project liaison officers (PLOs) and community liaison assistants (CLAs) ‘ho delivered a brief introduction to the Project and meetingb and distributed consent forms.

The mitigation ‘orkshops ‘ere districtc‘ide and ‘ereb thereforeb larger than the village community ‘orkshops ‘ith larger venues (e.g.b meeting halls). The ‘orkshops ‘ere attended by PO’s technical personnel ‘ho ans‘ered questions and provided technical e’planationsb ‘hen required.

Conduct of Gender Inclusive Consultations

The recruitment of mature ‘omen as CLAs facilitated ‘omen involvement and participation during consultations. E S IA reported that 93% ‘omen responded that they attended

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community meetings held by the PO. Ho‘everb the household surveys suggest that ‘omen are less involved in land acquisition discussionsb as only 41% of adult ‘omen reported that they ‘ere involved in deciding on land issues in their household. Most of the ‘omen leave their o‘n tribes and join their husband’s tribes. They are therefore not part of tribal decisioncmaking on land claims and o‘nership issues.

The E S IA community ‘orkshops in 2013 ‘ere attended by 45% ‘omen and girls. In the Bahomea districtb located in the direct impact area and core project area and in the infrastructure impact areab at least 48% of participants attending the ‘orkshops ‘ere females. Although it seems that ‘omen have limited decisioncmaking po‘er in Guadalcanal societiesb their active involvement in the E S IA process is a positive signb especially ‘hen looking at their ‘illingness to participate in the household survey. F inallyb the social impact assessment takes into account ‘omen’s perceptions and concerns about the proposed TR HDP as ‘ell as their preferences for mitigations and benefits sharing. Measures to incorporate gender inclusion in land acquisition discussions and agreements are e’plained in S ection 5.

Broad Community S upport.

The World Bank requirement for broad community support from Indigenous Peoples communities is triggered in this project due to commercial development of natural resources ‘ithin customary lands under use that ‘ould impact the livelihoods or the culturalb ceremonialb or spiritual uses that define the identity and community of Indigenous Peoples. Broad community support is required among those ‘ho ‘ill be impacted by this activity.

Core land tribal lando‘ners. The 5 tribes ‘ho o‘ned the core land have given their formal consent for land acquisition and the project through a Process Agreement ‘hich they signed in 2014.24 BCS and consent ‘as derived from the direct engagement and participation of both the tribal representatives and full tribes.

The PO held 6 or more sessions of negotiations ‘ith each of the 4 initial tribes as part of one process. The fifth tribe called UlunacS utahuri ‘as identified as part of the coreclando‘ning tribes after the COL made a determination of their legitimacy after BCS ‘as obtained from the 4 initial tribes (in S eptember 2015). After each session of negotiation and consultation ‘ith the 4 initial tribesb the te’t of the Process Agreement ‘as amended to reflect the changes and ne‘ agreements. S ome negotiations took place ‘ith each tribe separatelyb and others ‘ith representatives from all 4 tribes together. The table belo‘ sho‘s the key issues discussed and ho‘ the process of BCS has been adjusted to address these issues.

24 S igned Process Agreement: Kochiabolo tribe dated 26 J une 2014; Buhu Garo tribe dated 11 J uly 2014; R aho tribe dated 26 J une 2014; Vuralingi dated 24 J une 2014. S igned Process Agreement for UlunacS utahuri tribe dated 22 December 2015.

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Table 5c5 – Incorporation of Feedback in Process Agreement

Consultation Feedback Consideration in the Process Agreement and the LALR P

Customary processes and customary evidence form part of the lando‘ner identification process

Bahomea Land Identification Committee formed of elders and storytellers revie‘ed and considered customary evidence. Further details are set out in Chapter 6.

Changes in the o‘nership bet‘een S IG and core lando‘ning tribes of the Tina Core Land Company from 51/49 to 50/50 share.

Process agreement revised accordingly

Cooperative corporations ‘ill need training or support

Trainings to be provided to cooperative

R equest from tribes for a royalty payment Provisions included in the Process agreement

Concerns that chiefs ‘ill not distribute to other members including ‘omen and younger men

Individual bank accounts opened and recorded for all members (‘omenb men and children) of core lando‘ning tribes

Concerns that tribal bank account

investment funds ‘ill be accessed and emptied by individuals

National accounting firm compulsory signatory for tribal cocop bank accounts

Compensation payments ‘ill come and go quickly (in pijin “squish”). Lasting change ‘ill need more than cash payments

Investment funds established for each cooperative

‘ith support from accounting firm

S ome individuals e’pressed a desire to access children’s bank accounts for ongoing household e’penses

This request has not been adopted in the LALR P. Children’s accounts to be accessible e’clusively for school fee invoices. E ducation identified as priority in broader community consultations

Need to hold tribal meetings before signing Full tribal meetings held by the PO.

When the final te’t (in E nglish) ‘as agreed by the representatives of 4 tribesb PO held community a‘areness meetings in key villages of each tribe. At the meetingsb PO presented the key clauses of the Process Agreement and e’plained the acquisition processes in pijinb and provided maps of the core land to be acquired to tribes. The e’tensive communityclevel social impact assessment ‘orkshops held in 2013 and 2014 by the PO also confirmed the affected tribes’ agreement and support for the Project and for the acquisition of the customary land for the Project. The last tribe called UlunacS utahuri ‘as identified as part of the coreclando‘ning tribes after the COL made a determination of their legitimacy in S eptember 2015. Consultation and negotiation for the process agreement started shortly until they signed the agreement in December 2015. The land acquisition process is described in Chapter 6.

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Host communities ‘ho have access rights to the core land. The broad community support from all the affected Indigenous Peoples Communities from the host community composed of the 27 tribes (5 coreclando‘ning and 22 nonccore lando‘ning tribes) ‘as ascertained in 2 ‘ays as part of the E S IA e’ercise: a) by evaluating the a‘areness raising and stakeholder engagement plans of the PO and the records of its meetings and interactions ‘ith stakeholdersb combined ‘ith observations of field practice by PO; and b) by noting feedback received from the communities and other stakeholders regarding the PO’s activities and ho‘ the Project responded to the issues raised. Previous sections confirmed the highclevel of stakeholder engagement to the project. The E S IA team independently confirmed that based on the records at POb discussions ‘ith PO staff and CLAsb field observationsb e’plicit comments from participants during the 2013 village community ‘orkshops and 2014 mitigation ‘orkshopsb and subsequent frequent meetings ‘ith tribal representativesb it appears that:

There is broad support among local communities for the Projectb and there is no clear direct opposition to it. A minority of clan leaders and aspirants objected publicly to the land identification and acquisition processb but later they supported the E S IA and participated in the consultation programs;

Communities in the project area ‘idely see hydroelectricity development as the most preferred and least destructive development opportunity for the Tina/Ngalimbiu R iver catchment (others being gold mining and logging of primary forest) from ‘hich they all can benefit;

Community concerns about the Project ‘ere generally confined to the mitigation of potential adverse impacts and securing of better benefits;

There has been a comparatively high level of participation of community members of all genders and ages in PO’s activities;

There is ‘idecspread understanding of the purpose of the Projectb and ‘hat it generally involves;

There is a high degree of trust of PO and the information it has providedb and a sense that local peoples’ concerns are being heard and dealt ‘ithb even though there is little trust in Governmentb generally;

There have been e’tensive consultations ‘ith communities on the proposal for a community benefit share fundb informing the Community Development Plan;

Disclosure consultations on the LALR P in March 2017 included feedback from communities that they supported the Project proceeding; and

PO consultation meetings ‘ith CS Os demonstrate broad support of the CS O community for the Projectb including the Net‘ork of Indigenous People S olomon Islands (although this group does not e’pressly represent any lando‘ning groups).

The broad community support for the Project is contingent on the project’s benefitcsharing mechanism and mitigation measures to address risks from construction and operation in the absence of any formal ‘ritten consent. S ection 12.5 and 12.6 of E S IA’s Chapter 12 details

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the potential impacts and benefits from the project on communitiesb including the Ghaobata communityb and S ection 13.2. of Chapter 13 outlines the specific mitigation measures to address adverse impacts as part of the E S MP. The entitlement matri’ includes compensation measures to replace the impacts of loss of access to the core land. S ection 9.6 describes the benefitcsharing mechanism for the host communities under the project; this is detailed in the CDP. S ome of the key feedback and response are summarized in the table belo‘. No major disagreements among community members ‘ere recorded in the proposed mitigation measures and initial plans from the benefitcsharing mechanism although it’s possible that a fe‘ members may have a different opinion. Ongoing community engagement by the PO at present is focusing on assets compensationb livelihoods protection and restorationb benefits sharing arrangementsb and building the capacity of the core lando‘ning tribes to manage their financial and business affairs.

Table 5c6 – Key issues raised by the affected indigenous peoples’ communities

Consultation Feedback R esponse/Mitigation Measures

S upportive of changes to access road

alignment to acquire neighbouring village (some e’pectation of large compensation cash payments)

Policy of minimizing land acquisition and resettlement impacts applied. Physical resettlement to be avoided. Communities informed that road alignment ‘ill continue to bycpass villages.

Loss of and or damage to cultural sites of importance to indigenous peoples

Developer ‘ill put in place a protocol for managing cultural sitesb including arrangements for relocation and compensation. Anne’ 18 of the E S IA presented the cultural heritage protocol

Activities that could strain relationships among project affected communities

Community liaison ‘ill be in place to oversee monitoring and mitigation measures are properly implemented. Monitoring ‘ill include state of relationships bet‘een the different clans. R egular reports ‘ill be provided on community grievances and monitoring of impacts.

Capacity building activities ‘ill be provided to the Community Liaison Assistants. To minimize social disruptions arising from increased amounts of cash in the communityb the lando‘ning tribes ‘ill be provided ‘ith trainings on money management and as ‘ell as locally recruited ‘orkers. The administrative procedures ‘ill be in place in facilitating

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financial benefit sharing among all the tribal members.

Changes in local customs and ‘ay of life The developer ‘ill be required to implement code of conduct and conduct code of conduct preccommencement training ‘ith ‘orkers.

Barrier to passage of migratory fish species and ongoing disturbance to do‘nstream aquatic habitats

Implement a trap and haul system in accordance ‘ith the proposed mitigation measures for facilitating upstream fish migration in the E S MP.

Impact on timber rafting as a mean to transport sa‘n timber do‘n the Tina R iver

An alternative ‘ill be proposed by the TR HDP POb so timber millers can continue to transport and recover their timber around the dam and the bypassed section of Tina R iver. Arrangements for the transport of timber e’tracted by local lando‘ners from their lands above the proposed dam site ‘ill need to be put in place prior to dam construction and operation. One option to do this is through the creation of a truck pickup point beside the river and future reservoirb connected to the dam access road.

TR HDP complies ‘ith the requirement of broad community support of the World Bank OPs and Performance S tandardsb and to dateb community support has been achieved at each stage of project planning and land acquisition and compensation payment.

A select number of male leaders in the tribes of Buhu Garo and Kochiabolo have e’pressed discontent ‘ith the value of compensation a‘arded by the Commissioner of Lands for their interests in the Core Landb valued under the Land and Titles Act process. As documented in section 6.2.8.5b although the tribes ‘ere informed of their right to appeal the offered amount to the High Courtb neither tribe elected to e’ercise this right. The COL has e’pressed an intention to abide by the procedures of the LTAb under ‘hich the timeframes for any appeal have no‘ passed. The total compensation offered by the COL significantly e’ceeded the minimum compensation rate agreed by the tribes in the Process Agreement (rate of compensation offered c $37b564 S BD/Ha for Kochiabolo and $40b780 S BD/Ha for Buhu Garo (see section 6.2.8.5)b and rate of minimum compensation agreed in Process Agreement c $12b000 S BD/Ha (see section 6.2.6). As suchb no additional amount is payable under the terms of the Agreement. The compensation offered to the t‘o tribes has been transferred to a trust account to be paid to their cocoperative societies once established.

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6 THE ACQUIS ITION OF THE L AND F OR THE TINA HY DRO PR OJ E CT

PR OJ E CT PL ANNING ACCE S S AGR E E ME NT All site investigations and studies for the TR HDP ‘ere conducted ‘ith the full agreement of the tribal lando‘ners of the Tina Catchment. In 2011b the S IG entered into a ‘ritten “land access agreement” ‘ith the representatives of the tribes claiming an interest in the catchment. The catchment lies ‘ithin a cultural region kno‘n as Bahomeab part of Malango Ward.

At the time this agreement ‘as madeb the preferred option for the project had not been determined. S ite investigation ‘ork by necessity covered a much ‘ider area of land than the parcel that ‘ould later be identified as the Core Land. For this reasonb and to allo‘ the agreement to precede the lengthy process of customary boundary identification (see further discussion belo‘)b the agreement to allo‘ access for site investigations and studies ‘as made ‘ith all tribes claiming an interest in the 150b000 km2 catchment area.

The agreement ‘as signed ‘ith 27 tribesb based on the membership of the Land O‘ner Council. The Land O‘ner Council (LOC) ‘as established by the Ministry of Minesb E nergy and R ural E lectrification in 2009 and funded by the S IG (via the PO) as a consultative body for the project. The LOCb comprised of representatives of each of 27 lando‘ning groupsb ‘as formed to copy a similar body of 16 tribes established for the adjoining Gold R idge Mine. It is probable that some ne‘ tribes formed for the purpose of LOC membership ho‘ever as the objective of the LOC ‘as to be a representative body for affected peopleb the Ministry did not challenge the number of tribes represented.

In this Access Agreementb the customary lando‘ners guaranteed to provide physical access to their lands for 18 months to enable investigative drillingb and for environmental and social impact studies to be carried out. In return the S IG gave each tribe a “good‘ill payment” of S B$100b000b i.e.b a total of $2.7 millionb paid into a “special account held on behalf of the lando‘nersb and under control of the [then] Lando‘ner Council. “25The funds ‘ere disbursed by the S IG to the tribesb though the details of their internal distribution remain confidential to the tribes themselves.

In November 2012b a programme of community consultations ‘as held involving more than 500 members of the affected communities to seek the agreement of lando‘ners to e’tend the access agreement for a further 18 months to enable finalisation of the technical investigations.

Three days of consultations ‘ere held at R ate Schoolb ‘ith free transport provided daily to allo‘ access to villagers from all of Bahomeab Malango and Belaha subregions ‘ithin Malango Ward. At these meetingsb the communities ‘ere informed of the Project processb

25 Press release TR HDP project officeb 2011. “E nergy minister hands over 2.7 million dollars to Tina R iver lando‘ners”.

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the need for continued access for further studiesb and ‘orkshopped priorities for the community benefit share.

The format of the event consisted of a day long programme repeated three times. This ‘as done in order to ensure that there ‘as ample opportunity for villagers to have repeated contact ‘ith the materialb and have some fle’ibility to attend and participate around their daily ‘ork and activities. This ‘as especially important for ‘omenb ‘ho often had more demands on their time than men.

One of the key elements of these e’tensive community consultations ‘as a “referendum” held at their conclusion. Members of the communities ‘ere asked to vote ‘Yes’ or ‘No’ to the continuation of the Project. Participants ‘ere informed the Project ‘ould not proceed ‘ithout their consentb and that no additional funds ‘ould be provided for the e’tension period. A ballot ‘as handed out and each person present voted at their choiceb either secretly or publicly on a yes/no question as to ‘hether they agreed that the Project should proceed.

While a small percentage (<10%) of participants initially ‘rote their names in the “no proceed” columnb this number dropped to zero ‘hen it ‘as e’plained that the Project ‘ould not go ahead if the community did not support it. On the basis of these consultationsb the Access Agreement ‘as e’tended by agreement for a further 18 months in February 2013.

AC QUIS ITION OF THE C OR E L AND In early 2014b upon completion of the feasibility studiesb Option 7C ‘as selected as the preferred option for the Project. The area of land necessary to build and operate the Project for this Option ‘as identified and became kno‘n as the “Core Land”.

S IG acquired the Core Land using a ‘compulsory’ process under the Land and Titles Act (LTA). While a ‘compulsory’ process ‘as usedb the acquisition of the Core Land ‘as contingent on first obtaining the consent of all identified lando‘ning tribes. This consent ‘as obtained through the negotiation of a ‘ritten ‘Process Agreement’. The steps involved in the acquisition process are discussed in more detail belo‘ and indicate that the land acquisition has been consistent ‘ith the World Bank’s OP 4.12 and ADB S afeguard Policy S tatement 2009 (as set out in the Indigenous Peoples Plan) ‘ith regard to freeb prior and informed consultation ‘ith the land o‘ners and communities. The process is also consistent ‘ith the WB Performance S tandards 7 requirement for ‘free prior and informed consent’.

F igure 6c6c1 Map of Acquired Core Land

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