subproject no. 5: ulee lheue island road land acquisition ......adb – ta – grant no. 002 – ino...

TA No 2-INO

Earthquake and Tsunami Emergency Support Project (Roads and Bridges Sector)

Subproject No. 5: Ulee Lheue Island Road Land Acquisition and Resettlement Action Plan

(Revised)

March 2008

BRR NAD-Nias Infrastructure Development Division

Government of Indonesia

LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) REPORT

• EXECUTIVE SUMMARY • ABBREVIATIONS AND LOCAL TERMS • GLOSSARY • EXHIBIT : - Exhibit 1 : Ulee Lheue Island before the Tsunami

- Exhibit 2 : Ulee Lheue Island after the Tsunami

• TABLE OF CONTENTS • REPORT LARAP

ADB – TA – Grant No. 002 – INO SPPR – ETESP SP 05 ULR ETESP – R&B Components – PPC, Phase 2 Land Acquisition and Resettlement Action Plan (LARAP)

EXECUTIVE SUMMARY

The Government of Indonesia (GOI), with support from the Asian Development

Bank (ADB), will construct a new 1.3 km four-lane road, in line with the existing two-lane road damaged by the tsunami. The road shall consist of (i) a road embankment from the southern end of the Laguna Bridge to the northeastern end of Ulee Lheue Island, transitioning to (ii) a causeway from the Ulee Lheue Island to the Ferry Terminal Island across the Laguna, separating it into an Inner and Outer Laguna, ending at the Ferry Terminal entrance gate. The subproject (SP5) aims to help re-establish economic activities in the area, improve safety, enhance tourism and support the commemoration of those who perished from the tsunami of 2004. It is the second phase of the Ulee Lheue Road rehabilitation and upgrading proposed to be funded under the Roads and Bridges Sector of the ongoing Earthquake and Tsunami Emergency Support Project (ETESP). This Land Acquisition and Resettlement Action Plan (LARAP) has been prepared to address land acquisition and resettlement impacts associated with this subproject following the provisions stipulated in the ETESP Land Acquisition and Resettlement Policy Framework and Procedural Guidelines (LARPFPG).

Impacts from the subproject include:

Impact Number Loss of private residential/commercial land -7 registered land owners

-22 claimants to unregistered lands -2 plots with unknown claimant

Loss of structures (small shops/Shop-houses)-7 structure owners Loss of livelihood - business owners (small shops) - 8 persons - workers in affected shops - 6 persons Loss of government-owned land - 10 plots owned by 4 agencies Relocation - 4 shops

- 3 shop-houses

A total of 15,076 sqm. of land will be affected by the subproject. Most APs are residing outside the subproject alignment, except for three families which occupy three shop-houses. Two of these families are waiting for the housing provision from BRR in one of its settlement sites allocated for tsunami victims. Another family is renting one of the affected structures. These impacts and the affected persons, villages and institutions were determined based on the surveys and mapping conducted from September to December 2007 and follow up assessments done by the Project Preparation Consultants in January-February 2008. Field validation conducted by the Land Acquisition Committee of Banda Aceh in February 2008 was also used as reference.

Subproject Location : Ulee Lheue Island

The Ulee Lheue Island is part of Ulee Lheue Village, which is one of the 16 villages in Meuraxa sub district in Kota Banda Aceh. Prior to the tsunami of December

iii


2004, Ulee Lheue Island was a thriving fishing port, residential and government agency area.

A big portion of the Ulee Lheue Island is government land. However, there were also many private residences and businesses. Post-tsunami determination of private land ownership on the island has been a slow and difficult process. Related to this issue, the Government, with fund support from the Multi Donor Fund, is attempting to re establish/verify and formalize land ownership claims in the area along with other tsunami-affected areas in NAD and Nias through the RALAS project.

The tsunami devastated the population of Ulee Lheue Island, reducing it from approximately 1,500 to around 200. The island land mass was reduced from its previous 64ha to 52ha, with the total destruction of all houses, buildings, fish landing sites, public spaces, roads and vegetation.

Conceptual pilot and draft plans, with assistance from UN-Habitat and JICA, have been put forward for the redevelopment of the Ulee Lheue Island. These plans require kanun (religious law) approval by the Regional Representative Board (DPRD) to achieve legal status. Both plans propose that the Ulee Lheue Island’s redevelopment be focused on public uses (eg port, recreation, tsunami museum, Government buildings) and fisheries, with tourism and commercial development in a complementary role. Compensation and Assistance to APs

Losses in the subproject are limited to residential/business land losses among land claimants and structure/business losses for small shop owners. The cut-off date established to determine eligibility of APs is 20 September 2007. Following are the compensation and assistance to be provided to the APs.

Land Losses. Titleholder owners/heirs will be paid at replacement cost at post-tsunami rates, which is several times higher than pre-tsunami levels. Structure Losses. Compensation for the affected small shops will be made based on replacement rates without depreciation and transaction costs. Livelihood Losses/Relocation of Shops and Shop-houses. A one time relocation allowance will be provided based on the business interruption during the transition period. Amount of compensation shall be based on the current minimum salary in Banda Aceh. Coordination for relocation of the shops, with assistance by the contractor, will be made by BRR with the assistance of the PIC. Workers from the affected shops will also be compensated equivalent to their monthly wage from the shops during the transition period. Vulnerable APs. Further consultations and assessment will be done on the situation of widow-headed households, widow shop owners and orphans in order to determine possible additional assistance that would enable them to improve their condition. Initial assistance will be through linking with existing micro-finance/livelihood programs in the village.

iv


Asset Measurement and Valuation.

The Land Acquisition Committee (LAC) at the Kota Banda Aceh Level has been formed and tasked to handle land price valuation, consultations and negotiations, with BPN (Land Agency) staff taking a central role. This Committee is supported by the Meuraxa camat, the Ulee Lheue geucik, together with sub-village leaders, traditional village leaders and representatives from the affected persons. The Committee also seeks advice from an independent Land Valuation Expert (assessor) who provides comparative price information for comparable land and sites. An assessment by the LAR of the prevailing land prices in the area placed the land value at RP 400,000-450,000 depending on the distance from the original Ulee Lheue Island roadway. The same price level was derived earlier in Ulee Lheue under the SP4 subproject. Prior to tsunami, land prices on the island were reported to be much lower.

Valuation of affected structures will be done by the BRR satker based on the quantities and type of materials used using current market values. Initial information on the values of the affected structures was taken during the interviews with the shop/shop-house owners. All affected structures have concrete flooring and walls made of light materials. Estimates on the cost of the structures provided by the APs range from Rp 2,000,000 to Rp 30,000,000. These figures will be validated by the Land Acquisition Committee without deductions for depreciation. Relocation Strategy

The Two options were explored with the 8 owners of shops that need to be relocated away from the road alignment – rent a stall at the Banda Aceh Market or self-relocate. In both options, the Aps shall be provided relocation subsidy to cover transport costs and living expenses for one month. For House renters, cash grant of three months rental fee at the prevailing market rate in the area and will be assisted in identifying alternative accommodation. All the affected shop owners chose to self relocate in another plot within the same village near the road.

In the case of AP households who now live in the affected shop-houses, BRR has already included them in the list of households who will be provided with housing units in one of BRR’s settlement development sites intended for tsunami-victims. This is a separate BRR program and is not included in the costing under this LARAP. Consultation Activities and Disclosure

Early consultations were held with local officials (geuciks, camats, keluara, imeuems, etc.) to inform stakeholders about the road rebuilding plans, identify concerns and seek feedback from the affected persons. Direct consultation with APs by the Land Acquisition Committee started in August 2007. Identification and initial consultation with the affected shop owners were done in September 2007. These were followed by smaller and informal meetings/discussions with various AP groups conducted by the PPC Social Safeguard Specialist. Follow up discussions with the APs were made by the PIC Social Safeguard Specialist from January to February 2008, especially among those with unregistered claims to land and the affected shop owners.

v


Price negotiation was done with seven APs with registered ownership to the land was done in September 2007. Agreement was reached with the APs on the estimated land values of the affected plots. Processing of compensation payments for these 7 APs is ongoing.

Follow up consultations were conducted from January to February 2008 by the PIC Social Safeguard Specialist to help clarify a number of pending issues and concerns related to compensation payments and eligibility of APs. Consultation with APs will be done on a continuing basis throughout the LARAP implementation by the PIC Social Safeguard Specialist. The Satker for SP5 will also be available for consultation and queries by APs.

A summary of the LARAP will be translated into Bahasa Indonesia and disclosed to APs through meetings immediately following approval of this Plan. Likewise, the full document will be posted on the ADB website. These meetings will provide APs with information on measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and displacement schedule. Grievance Procedure

Grievances can first be referred through the office of the geucik or camat. If the issue cannot be resolved satisfactorily, the APs can then appeal to the Land Acquisition Committee for assistance in the negotiation. Alternatively, the AP can approach the satker for SP5. Issues that cannot be resolved at these levels can be forwarded to the BRR Grievance Focal Point at BRR, the ETESP Grievance Facilitation Unit or to the ADB EMS/PMO Office in Banda Aceh.

Monitoring and Evaluation

Internal monitoring of the LARAP implementation will be done by the PIC Social

Safeguard Specialist, who shall also report on the completion of activities. On the other hand, external monitoring will be done by an independent team from Syiah Kuala University engaged under a separate contract. The External Resettlement Monitors shall validate agreements made and documentation related to the preparation of the LARAP, identify resettlement impacts during subproject implementation, and assess conditions of people affected by subproject implementation and adequacy of support for restoring damages/losses to assets and livelihoods. Results of the external monitoring report shall be submitted to EMS/PMO for review. Once reviewed, the report shall be uploaded by EMS/PMO into the ADB website. Budget and Financing

A budget of approximately Rp 3.683 billion will be needed to complete all land acquisition and relocation activities associated with SP5. This amount is based on entitlements and contingency costs for additional expenses related to implementation of the LARAP. BRR shall request ADB that part of this amount be charged under the ETESP grant.

vi


Implementation Schedule

The implementation of this LARAP commenced with the creation/mobilization of the Land Acquisition Committee in February 2007. Assessments, consultations and processing of payments for some APs started in September 2007. As of February 2008, 26 of the known APs with land losses, 7 structure owners and those with livelihood losses have not been compensated/assisted. Completion of the remaining compensation payments and rehabilitation assistance, especially among those with unresolved land ownership claims will depend on the progress of the community driven adjudication and certification under the BPN-RALAS. Coordination has been made by BRR with BPN to prioritize Ulee Lheue Island in its work program.

Considering that large sections of the subproject alignment have no unresolved

land issues, a phased-implementation of civil works will be conducted focusing first on the areas with no pending land issues while land ownership verification and compensation payments are undertaken in the affected sections.

Internal and external resettlement monitoring for the subproject is scheduled in

May 2008. Results of the monitoring will be submitted to ADB for review and will be used as basis for seeking approval for the commencement of works for the remaining sections of the subproject.

vii


ABBREVIATIONS AND LOCAL TERMS

ADB - Asian Development Bank Alm - Almarhum (deceased man) AP - affected person Baitul Mal - Islamic Treasury Institution BAPEDALDA - Environment Agency BAPPEDA - Badan Parencanaan Daerah (Planning Agency) Becak motor - Motorcycle with sidecar used for public transportation BPN - Badan Pertanahan National (National Land Department) BRR - Badan Rehabilitasi dan Rekonstruksi (BRR) Camat - Sub-district head DED - Detailed engineering design Dewan Pengawas - BRR Supervisory Board DINAS Perhubungan - Transportation Agency DINAS PJSDA - Agency for Natural Resources DINAS Praswil - Agency for Infrastructure/Public Works DPRD - Dewan Perwakilan Rakyat Daerah (Regional Representative Board) EA - Executing Agency EMA - External Resettlement Monitoring Agency Erfpacht - Lease right under Dutch Law ETESP - Earthquake and Tsunami Emergency Support Project Gampong - village (same as desa) Geucik - village head GOI - Government of Indonesia Hak guna bangunan - Right to cultivate Hak milik - Right of ownership Hak pakai - Right to use IEE - Initial environmental examination (also called UKL-UPL) JICA - Japan International Cooperation Agency Kecamatan - Sub district KPK - Komisi Pemberantasan Korupsi (Anti Corruption Commission) Kraton - Sultan’s palace compex KTP - Resident ID KUBE - Kelompok usaha bersama (livelihood group) LAC - Land Acquisition Committee LARAP - Land acquisition and resettlement action plan LARPFRG - land acquisition and resettlement policy framework and procedural guidelines LF - Livelihood Fund LMS - Livelihood and Micro Finance Support MDF - Multi Donor Fund MIF - Micro Finance Innovation Fund NAD - Nanggroe Aceh Darussalam Province NGO - Non government organization NJOP - Nilai Jual Obyek Pajak (tax base value of asset) P2JJ - Agency for Roads and Bridges PBB - Pajak bumi bangunan (building and land tax) PD - Presidential Decree PDAM - Regional Water Supply Enterprise Pengadilan Negeri - District Court PIC - Project Implementation Consultant PLN - State-owned Power Company PMO - Project Management Office PPC - Project Preparation Consultant PPK - Commitment Officer PT - Perseroan terbatas (limited liability company) RALAS - Restoration of Aceh Land Administration System ROW - right-of-way RTRW - Rencana Tata Ruang Wilayah (Regional Spatial Plan) Ruko - Shop-house

viii


Rumah dinas/camat - Government housing Satker - Satuan Kerja (special project implementation unit) SME - Small and medium enterprise SP - Sub project SPAR - Subproject Appraisal Report SPPR - Subproject Preparation Report Tambak - Fishpond TELKOM - Telecommunications Agency UN Habitat - United Nations Habitat for Humanity URRP - Urban Rehabilitation and Reconstruction for Banda Aceh City Planning UU - Undang Undang (National Law) Warung - Small shop

ix


GLOSSARY

Affected person (AP)

– Any person or persons, household, firm, private or public institution that on account of changes resulting from the project will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed restricted or otherwise adversely affected, in full or in part, permanently or temporarily, and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of a household, the term AP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.

Compensation - payment in cash or in kind of the replacement cost of the acquired assets. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

Cut-off Date – the date prior to which the occupation or use of the project area makes residents/users eligible to be categorized as affected persons. The cut-off date coincides with the date of the census of affected persons within the project area boundaries. Persons not covered in the census, because they were not residing, having assets, or deriving an income from the project area, are not eligible for compensation and other entitlements. Affected people and local communities will be informed of the cut-off date of the project.

Entitlement – range of measures comprising compensation, income restoration, transfer assistance, income substitution and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base.

Improvements – structures constructed (dwelling unit, fence, waiting sheds, pig pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization.

Land Acquisition - the process whereby an individual, household, firm or private institution is compelled by a government agency or private company to alienate all or part of the land it owns or possesses, to the ownership and possession of the government agency or private company, for public or corporate purpose in return for a compensation equivalent to the replacement costs of affected assets.

Population Record/Census

- an enumeration of affected persons, listing them according to location to establish a list of legitimate beneficiaries before the project’s onset to counter spurious claims from those moving into the project area solely in anticipation of benefits.

Rehabilitation - compensatory measures provided under the Policy Framework on involuntary resettlement other than payment of the replacement cost of acquired assets.

Relocation - the physical relocation of an AP from her/his pre-Project place of residence. Replacement Cost - the value determined to be fair compensation for land based on its productive potential, the

replacement cost of houses and structures (current fair market price of building materials and labor without depreciation or deductions for salvaged building material), and the market value of residential land, crops, trees and other commodities.

Resettlement - all measures taken to mitigate any and all adverse impact of the Project on AP property and/or livelihood, including compensation, relocation (where relevant) and rehabilitation as needed.

Resettlement Plan – a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation. The RP must be prepared and approved prior to loan appraisal for the project.

Significant Resettlement Effects

– when 200 or more people experience major resettlement effects, i.e. they are physically displaced and/or lose 10% or more of their productive, income-generating assets.

Vulnerable Groups – distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) landless households, (v) elderly households with 0 means of support, and (vi) indigenous minorities.

x


Exhibit 1: Ulee Lheue Island before the tsunami

Exhibit 2: Ulee Lheue Island after the tsunami

Source: ETESP Roads and Bridges Project Preparation Consultant Team

xi

Table of Contents

I. INTRODUCTION..................................................................................................1 A. THE SUBPROJECT BACKGROUND....................................................................................... 1 B. ULEE LHEUE ISLAND DESCRIPTION.................................................................................... 1 C. SUBPROJECT TECHNICAL DESCRIPTION .............................................................................. 3 D. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS .................................................... 4 E. MEASURES TO MINIMIZE IMPACTS .................................................................................... 5 F. OBJECTIVES OF THE LARAP FOR THE ULEE LHEUE ISLAND ROAD SUBPROJECT (SP5) ..................... 5

II. SOCIO ECONOMIC PROFILE ...............................................................................6 III. RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENTS .............................8

A. INTRODUCTION ........................................................................................................... 8 B. POLICY FRAMEWORK – REVIEW OF INDONESIAN NATIONAL POLICIES AND ADB REQUIREMENTS ........ 9 C. RESETTLEMENT PRINCIPLES AND ASSISTANCE ...................................................................... 9 D. ENTITLEMENTS TO COMPENSATION AND ASSISTANCE ........................................................... 10 E. LAND AND ASSET VALUATION AND NEGOTIATION ................................................................ 12 F. COMPENSATION FOR LANDS WITH UNKNOWN OR UNRESOLVED OWNERSHIP ISSUES ...................... 13G. RELOCATION STRATEGY……………………………………………………………………………………….13 H. RESTORATION OF LIVELIHOODS ..................................................................................... 14

IV. AP CONSULTATION ACTIVITIES .......................................................................15 A. INTRODUCTION ......................................................................................................... 15 B. CONSULTATION MECHANISMS........................................................................................ 15 C. DISCLOSURE OF RESETTLEMENT PLAN.............................................................................. 16 D. GRIEVANCE PROCEDURE .............................................................................................. 16

V. INSTITUTIONAL FRAMEWORK .........................................................................16 VI. MONITORING AND EVALUATION PROGRAM....................................................19 VII. LAND ACQUISITION BUDGET AND FINANCING ...............................................21 VIII. IMPLEMENTATION SCHEDULE..........................................................................22

Annex 1: Road Overlay on The Ulee Lheue Island BPN map Annex 2: List of Affected Persons and Land Owned By Government Agencies Annex 3: Summary of Consultation Activities Annex 4: English and Bahasa Indonesia Version of the LARAP Pamphlet for

Local Disclosure

I.

INTRODUCTION

A. The Subproject Background

1. The Ulee Lheue Island Road Subproject (SP5) is the second phase of the Ulee Lheue Road rehabilitation and upgrading proposed to be funded under the Roads and Bridges Sector of the ongoing Earthquake and Tsunami Emergency Support Project (ETESP) – a project of the Government of Indonesia with grant funding from the Asian Development Bank (ADB).

2. The first phase (SP4) has earlier been approved by ADB and is undergoing implementation. SP4 involves the rebuilding and widening of sections of the 8.98 km Ulee Lheue Road from Banda Aceh to Simpang Rima. Its Bridges Component includes the rebuilding of two bridge sections (Lamjame and Laguna). SP5 shall link with SP4 from Laguna Bridge and rehabilitate/upgrade the road section leading towards the Ulee Lheue Port.

3. Taken as a whole, SP4 and SP5 will have significant benefit to Kota Banda Aceh as well as the villages with local roads feeding into the Ulee Lheue Road artery. These subprojects will help re-establish economic activities in the area, improve safety among nearby residents, enhance tourism and support the commemoration of those who perished from the tsunami of 2004.

4. Involuntary resettlement impacts identified for SP4 have been assessed. A Land Acquisition and Resettlement Action Plan (LARAP) for the subproject has been prepared, approved and is nearing completion. This abbreviated LARAP addresses the land acquisition and resettlement issues for the Ulee Lheue Island Road Subproject (SP5).

B. Ulee Lheue Island Description

5. The Ulee Lheue Island is part of Ulee Lheue Village, which is one of the 16 villages in Meuraxa sub district in Kota Banda Aceh. Prior to the tsunami of December 2004, Ulee Lheue Island was a thriving fishing port, residential and government agency area with a population of approximately 1,500 people. The Island was a weekend recreation area for inhabitants of the surrounding urban area of Banda Aceh. Many came to Ulee Lheue Island during the week and on weekends to enjoy the sunsets, watch the ocean waves and go for a swim. 6. Early in history, traders from China, India and the Middle East visited Aceh to trade with local Acehnese traders. Because of Ulee Lheue Island’s proximity to the Sultan’s palace complex (kraton), it became a popular docking area for ships of these traders. Sailing ships anchored in the roads offshore of Ulee Lheue Island, and unload their goods into small crafts for transport upstream to the kraton. Exports were brought back down in a similar fashion.1

1 Initial Environmental Examination for Subproject Ulee Lheue Island Road (SP5), Project Preparation

Consultants, for the Infrastructure Development Division, BRR, 25 November 2007

1

7. In 1873, the First Aceh War began with the Dutch invading Aceh by landing expeditionary forces on Ulee Lheue Island beach. The Dutch claimed the area through ‘Erfpacht’ (lease right). Some few years later the Dutch built two long piers at Ulee Lheue to handle steamship landings. Both piers survived until at least 1977. Possibly they were dismantled soon after, given that port operations were moved to Malahayati in 1976. A Dutch military fortification was also built on Ulee Lheue Island in the late 1800s, and the Japanese built pillboxes there during World War II. As late as 2003, remnants of both structures were visible. Up until the tsunami, a tram bridge across the inner laguna, built by the Dutch in the 1880s, connected Ulee Lheue Island to the mainland. This bridge was part of a tramway system that ran between Kota Raja, the port area, and a series of defensive forts ringed around the city to protect the Dutch from Acehnese attack (SP5 IEE, 2007). 8. When the Dutch left, people started to settle in portions of the island claiming them as ‘tanah adat’ (customary-owned land). In 1960, the Basic Agrarian Law provided for the conversion of all lands previously occupied by the Dutch and allowed settlers on such lands to apply for certificates of land ownership (hak milik) until 1980. Claimants who did not come forward before 1980 to have their claim to the land formalized were considered as unregistered claimants/settlers in state land. Although many residents did not apply for land certificates, a number of them have been paying building and land taxes (pajak bumi bangunan or PBB) to the local government. Others who wanted to use/occupy government-controlled plots applied for right to build (hak guna bangunan) or right to use (hak pakai).2 A number of government housing units (rumah dinas/camat) were also built on the island as part of the benefit package for a number of government staff. 9. Most of Ulee Lheue Island land was and is owned and controlled by the Government. Pre-tsunami, there were numerous public buildings on Government land. However, there were also many private residences and businesses, some built on private plots and some on Government plots. Post-tsunami determination of private land ownership on the island has been a slow and difficult process. A significant number of land owners and their resident heirs are known or presumed dead. Moreover, landmarks, land titles, and other documents were destroyed by the tsunami (SP5 IEE, 2007). 10. The tsunami devastated the population of Ulee Lheue Island, reducing it from approximately 1500 to around 200. The island land mass was reduced from its previous 64ha to 52ha, with the total destruction of all houses, buildings, fish landing sites, public spaces, roads and vegetation (See Exhibits 1 and 2). In addition to the surface destruction, tsunami waves dislodged and transported large amounts of sand, soil, and other surface and subsurface materials. This caused two major landform changes. First, on the seaward side of the island, a strip of land of varying width (from 20 to 200 m roughly) was washed away. Second, at the narrow waist of the island just southwest of the ferry terminal, a 300 m wide channel opened up across the island, splitting it in two. The pre-tsunami complex of traditional aquaculture ponds (tambak) and small stands of mangrove on the inland side of the island’s narrow waist were destroyed. A dramatic change in mean land level also occurred. The land sank, by about -0.7 m, in a low-lying area already experiencing flooding and drainage congestion problems (SP5 IEE, 2007). 2 Dr. Herman Soesangobeng, Land Specialist, Oversight Consultant, Housing Sector, ETESP

2

11. Considerable expert investigation, public consultation, and conceptual-level planning has taken place for Banda Aceh. Yet no concrete detailed plan for the island exists, in either draft or final (Government-approved) form. Less-detailed conceptual pilot and draft plans have been put forward for Ulee Lheue Island. At the request of the Aceh Regional Government, UN-Habitat developed the ‘Green Meuraxa’ plan based on public consultation input and in the context of the pre-existing larger scale (regional-level) plans - specifically the Banda Aceh City RTRW (Regional Spatial Plan) 2001-2010 and the Master Plan for the Rehabilitation and Reconstruction of Aceh (also known as “the blue print”) under Presidential Decree No. 30/2005. In 2006, JICA also conducted the “Urban Rehabilitation and Reconstruction for Banda Aceh City Planning (URRP) study. These plans require quanun (religious law) approval by the Regional Representative Board (DPRD) to achieve legal status. However, there seems to be broad agreement that (i) the primary focus for future development of Ulee Lheue will be on public uses (eg port, recreation, tsunami museum, Government buildings) and fisheries, with (ii) tourist- and visitor-related commercial development in a complementary role; and (iii) no residential redevelopment (SP5 IEE, 2007). C. Subproject Technical Description

12. SP5 involves the construction of a new four-lane road in two directions, separated by a median, in line with the existing two-lane road damaged by the tsunami. The road shall consist of (i) a road embankment from the southern end of the Laguna bridge to the northeastern end of Ulee Lheue Island, transitioning to (ii) a causeway from the Ulee Lheue Island to the Ferry Terminal Island across the Laguna, separating it into an Inner and Outer Laguna, ending at the Ferry Terminal entrance gate. 3 13. Maximum embankment height above existing ground levels is 1.0 to 1.5 m within a Right of Way corridor of max 31.5 meters, as required by BRR. A central median plantation strip will be provided in a width of 2.5 meters (incl. road side gutter). A slow/parking lane of 1.5 m, side plantation strips of 1.0 m, sidewalks (1.5 m), and lined concrete drains will be provided on both sides. Where the roadside runs along the shore of the inner Laguna, a retaining wall has to be installed (inclusive loose rip-rap for its protection), the sidewalk will be located (left/right side) on the concrete cover slabs for the concrete-lined ditch. The slope of the embankment will be partly paved by mortared stonework as transition to a mortared stonework retaining wall/footing wall and side ditch. Drainage from both sides of the roadway will be routed to the Inner and Outer Laguna. The causeway will run across the Laguna from the Ulee Lheue island on the left side at STA 0+625 and on the right side from STA 0+825 over to the Ferry Terminal gate, STA 1+280. Causeway crest width is 26.5 m. It will be equipped with two double box culverts (BC 2.5 x 2.5 m), one at STA 0+900 and the other at STA 1+100, with an invert elevation of -1.86 m. The causeway will include a bus stop and a bus terminal in front of the gate, and a roundabout for u-turning traffic. (SP5 SPPR, 2007). Annex 1 shows the proposed alignment for the subproject.

3 Subproject Preparation Report No. 5 (SPPR-05), TCIL for BRR, December 2007.

3

D. Scope of Land Acquisition and Resettlement Impacts

14. Preliminary estimates indicate that a total of 15,076 sqm of land needs to be acquired for the proposed works. Of these, 7,191 sqm (47.7%) used to be occupied by other government agencies (Post Office, Railway, Tax Office, Meuraxa Sub district Government) but have been idle since after the tsunami. The remaining 7,885 sqm (53%) are claimed by private individuals with varying land tenure. Seven APs with 4,078 sqm have full ownership to their land (hak milik). Another 22 APs have either right to build/use (hak guna bangunan and hak pakai) or are long-term settlers duly recognized by the village and sub district leaders. There are also 2 plots with an unknown claimant or heir. Among those with claims to certified lands, four have sufficient remaining area that can be used to reestablish their businesses or for other activities. The other three owners do not have sufficient remaining land. Information among those with claims to uncertified land, will be known upon completion of the plotting and certification to be undertaken under RALAS. 15. The land claimants and sites of government agencies have been identified and mapped in a post-tsunami survey/mapping conducted by the BPN–Kota Banda Aceh from August to October 2007. None of the land claimants are currently residing at the Ulee Lheue Island since after the tsunami. All land claimants are residing in other parts of Banda Aceh and Aceh Province. Therefore, none of the land claimants will have their households physically displaced as a result of the subproject implementation. Impact is limited to the loss of ownership and future access to their affected plots and for which they are entitled to compensation. 16. There are also seven small shops (warung) along the road alignment that were built by entrepreneurial residents after the tsunami. One owner rents out his structure to another person. All these seven shops would have to be dismantled and relocated. Two shop owners and 1 shop renter also use the structures as their house (ruko) together with their families. 17. In terms of livelihood losses, all the 7 shop owners and 1 shop renter will be affected. Workers employed in three shops also stand to lose their livelihood. A livelihood group with nine members (KUBE Alu Alu) supported by BRR for fish processing will also be affected. However, after recent assessment, it is found that a livelihood group with 9 members (KUBE Alu-Alu) not be affected, because place of business activity will remove to another member’s house. The summary of land acquisition/resettlement impacts from SP5 is shown in Table 1. Detailed information on the APs is shown in Annex 2. 18. The Barracks – Temporary living quarters (barracks) were put up by BRR at various sections of the Ulee Lheue Island to provide temporary shelter for tsunami-displaced families with no alternative plots to rebuild their damaged houses. Beginning 2007, BRR has started to dismantle these barracks as new settlement sites and housing units for these families become available. Most families have already moved from the barracks to Perum Cina Carity/Neuheun housing development on Krueng Raya Road, located around 45 km away from Ulee Lheue Island. As of February 2008, there are 230 families still occupying these barracks. None of the remaining barracks are within the proposed ROW for the subproject. Hence, none of the families in these barracks are expected to be affected by the civil works. Assistance to these families in finding a

4

permanent shelter is covered under a separate BRR program on housing and is not included in this LARAP. 19. A number of temporary telephone and electric poles along the alignment have been installed after the tsunami to restore service. These also need to be repositioned and replaced with more permanent poles by the concerned utility agencies. As agreed with the Utility Companies/Agencies, space for utilities will be provided in the design planning for the subproject.

Table 1: Summary of Land Acquisition/Resettlement Impacts from SP5

Impact Assets Lost Estimated

Number of APs Loss of residential/commercial land - land with full title (hak milik) 4,078 sqm 7 persons - uncertified land occupied by long term

settlers/claimants 3,495 sqm 22 persons

- land with unknown claimant 214 sqm 2 plots Loss of structures - shop (warung) 4 structures 4 persons - shop-house (ruko) (including relocation of household

3 structures 3 families (8 persons)

Loss of 10 government owned plots 7,191 sqm 4 agencies Loss of livelihood - shop owner/shop renter 8 persons - workers at the shop 6 persons Relocation 4 shops 3 shop-houses

Note: The 3 families which will be physically displaced from housing (will need to relocate) and the 8 shop owners and 6 workers whose livelihoods will be affected are considered to be severely affected. The other APs are considered as marginally or slightly affected. Of the 55 known APs, 14 persons are severely affected, while 41 are only slightly affected.

E. Measures to Minimize Impacts

20. Efforts were made in the design to stay as close as possible within the alignment of the previous two-lane road in order to minimize land acquisition. Considering that all pre-tsunami structures on the island have been lost/severely damaged, no additional effort was done to minimize impact on structures. F. Objectives of the LARAP for the Ulee Lheue Island Road Subproject (SP5)

21. Similar to the LARAP for SP4, this Land Acquisition and Resettlement Action Plan (LARAP) were prepared based on the principles laid out in the ETESP Land Acquisition and Resettlement Policy Framework and Procedural Guidelines (LARPFPG) as agreed between the Government of Indonesia (GOI) and ADB. The following broad objectives were followed in its preparation:

5

• Involuntary resettlement is to be avoided or at least minimized; • Compensation will have to ensure the maintenance of the APs pre-project

standards of living; • The APs should be fully informed and consulted on compensation/

assistance options; • The APs social and cultural institutions should be supported and used as

much as possible; • The APs should be integrated economically and socially into host

communities; • Compensation activities will be carried out with equal consideration to

women and men. Particular attention will be made on the right of women, widows, orphans, and elders without family to inherit the land rights of their deceased husband or father;

• Lack of formal legal land title should not be a bar to rehabilitation; • Particular attention should be paid to households headed by women and

other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status;

• Land acquisition and resettlement should be conceived and executed as a part of the subproject and the full costs of compensation should be included in subproject costs and benefits; and,

• Compensation and resettlement subsidies will be fully provided prior to ground leveling and demolition

22. The primary purpose of this LARAP is to identify impacts and to plan measures to mitigate these impacts, compensate for various unavoidable losses generated by SP5 and provide rehabilitation assistance to APs where needed. This LARAP will also help link APs who lost their livelihood due to the tsunami with ongoing livelihood restoration support by the government and the international community in the ULR area.

II.

SOCIO ECONOMIC PROFILE

A. Identification of APs and Data Collection Methodology 23. Information on the APs was derived from various sources. Under the BPN-RALAS4 Project, an initial lot plotting was conducted by a team of BPN staff on the Ulee Lheue Island in 2005. Results of this initial plotting exercise were then reviewed and validated by a Land Working Group and BPN-Kota Banda Aceh from August to October 2007 and in February 2008. The validation team was composed of village leaders, sub district representatives and BPN-Banda Aceh staff to maximize cross checking of information. Results of the validation mapping/survey were then used as the primary

4 RALAS refers to the Reconstruction of Aceh land Administration System funded under the Multi-Donor

Fund (MDF) and implemented by BPN (Land Agency) which aims to restore the land administration system in Aceh and land rights of land owners. Under this project, property boundaries and ownership are determined through a process of community driven adjudication. The expected result is to re-establish the cadastral map of the villages and sub districts covered by the Project and allow the issuance of free land titles to confirmed land owners. Resolving inheritance issues, land disputes and protection of women and orphans are central to the implementation of this project. The World Bank has confirmed that, after uncertainty regarding the continuation of RALAS in late 2007, BPN has made a formal commitment to continue with the implementation of the RALAS program (re)starting from April 2008.

6

basis for identifying the APs, their plots sizes and land tenure. A revalidation/land plotting and issuance of land certificates to be undertaken under RALAS will be used in finally determining the land ownership status of APs with unregistered claims to some of the affected plots. 24. A survey of existing structures/shops within the proposed road alignment was also conducted in September 2007 to obtain initial socio economic information on the owners of the affected shops. 25. Additional information was generated through individual follow up interviews and small group discussions with the APs conducted by the Social Safeguard Specialist engaged for the LARAP preparation. Among the known APs, 25 were interviewed to obtain socio economic information on the APs. B. Socio Economic Profile of the APs Profile of Land Claimants 26. Among the 29 (7 with hak milik ownership and 22 uncertified) known land claimants, 14 are the original land owners/claimants, while 15 are heirs of the deceased claimants. Two of the 29 known land claimants are women. One woman-claimant (Ibu Lastri) lost both her parents and siblings from the tsunami. She is now 26 years old, single and lives alone in Neuheun in a house provided by BRR. She works as a live-out baby sitter for her neighbors. Another woman-claimant is the wife of Mr. Bahtiar, current village secretary of Ulee Lheue. 27. The men land claimants interviewed for the survey are between 36 to 65 years of age. Most are married or have remarried. Only 2 remain widowers. Prior to tsunami, many of them work both as fishermen and small traders at the Ulee Lheue Island. Two APs used to work in Government. After the tsunami, three APs occasionally go fishing. Others restarted trading - selling fish, forestry products, and other commodities. Two APs now drive becak-motor (motorcycle with sidecar). One AP also works now as village secretary for Ulee Lheue. Another AP works as a lecturer at Syiah Kuala University. 28. All the seven APs with certified land are comparatively better off economically than those with claims to uncertified lands. They all have regular and stable jobs and are known in the community. On the other hand, many of those with claims to uncertified land do not have regular income. 29. Most of the land claimants are currently living outside Ulee Lheue Island in their own houses or houses owned by their spouse or parents. Two claimants are staying in BRR-provide housing units in Neuheun, while another two claimants stay in barracks (one in Ulee Lheue Island and one in Lhoong Raya) while waiting for housing provision from BRR. Profile of the Owners of Small Shops/Shop-houses 30. Among the affected small shops/shop-houses, three shops sell coffee and food, two shops sell gasoline for fishing boats, and 2 shops sell coffee/snacks/basic household goods. One coffee shop is also used to store aquarium fish and lobsters from Sabang which are traded to Medan.

7

31. Five of the eight shop/structure-owners are married men. Of the two women shop owners, one is a widow and one is divorced. Two shop owners still stay in BRR-provided barracks (one in Ulee Lheue Island and one in Lhoong Raya) with their families. Three APs live in the affected shop-houses along with their wife and children, while three others have houses elsewhere. 32. Three shops also employ a combined total of six women-workers who also sleep in these shops. In one shop, each worker is paid Rp 300,000 per month and provided with free food, lodging, toiletries and other basic items. 33. Except for Mr. Supriadi (shop-renter), all the affected shop owners are long term settlers in another plot in the Ulee Lheue Island. The continuation of the RALAS adjudication process in the island may enable them to have their claims to their respective plots officially recognized and formalized by government. 34. Income derived from these shops vary. Income from gasoline peddling to fishing boats is rather limited. Hence, the two shop owners only operate on every other day. Coffee shops get more income (earn more). One shop owner has omset between Rp 400,000 to 500,000 (gross) on a regular day. During weekends, can reach up to Rp 1,000.000. Smaller shops have omset around Rp 300,000 (gross) per day. Vulnerable Groups Issues 35. Initial information on the APs reveal that a number of APs have been rendered vulnerable due to the tsunami impact. They lost most of their household members, their shop-houses (ruko) and capital. A number of the surviving household members became handicapped (lost a leg or limb), and have no regular source of income. One 50-year old AP suffered from a stroke and is dependent for support from his son who works in a shop in Banda Aceh. Another is a 54-year old widow who depends only on her income from the affected shop to support herself and her grandson. The three fishermen who are not able to fish regularly may also be considered vulnerable. 36. During the consultation discussions with the APs, options for assisting them were explored. The widow shop-owner opts to continue with her coffee shop on her claimed plot outside the construction limit during the subproject implementation. The three fishermen were asked if they will be interested to work as laborers in the subproject. All mentioned that they are not fit and skilled enough for the job. Instead, they would like to be assisted in accessing capital to help them resume doing some minor trading activities.

III. RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENTS

A. Introduction

37. This chapter discusses the national and project-level resettlement policies and legal issues involved in land acquisition and compensation. It describes the principles

8

and approach to be followed in minimizing and mitigating negative social and economic impacts by the subproject. B. Policy Framework – Review of Indonesian National Policies and ADB

Requirements

38. The Land Acquisition and Resettlement Policy Framework and Procedural Guidelines (LARPFPG) sets out the Policy Framework and entitlements for the subproject based on the laws of the Government of Indonesia, and ADB’s Policy on Involuntary Resettlement (1995). The key legal documents for land acquisition and resettlement in Indonesia are Presidential Decree No. 55/1993 and Presidential Decree No. 36/2005 (amended by Presidential Decree No. 65/2006). BPN Regulation No 3 of 2007 provides the implementation guidelines for PD 36/2005 and PD 65/2006. The GOI Decree and implementing legislation supports the establishment of Land Acquisition Committees (LAC) to undertake consultations with all APs and oversee the compensation process. PD 36/2005 on the other hand, provides for the appointment of an independent land/asset valuation team to assist the LAC in determining replacement cost of the acquired land and other affected improvements and structures. 39. The Basic Agrarian Law of 1960 (UU5, 1960) created a National Land Law based on the utilization of traditional concepts, principles, systems and institutions. In general, land status can be divided into either state land or private land. Private land is either registered or not (yet), and state land is defined as land without any right attached to it.5 The Basic Agrarian Law stipulates that land acquisition can be done either through national law procedures or through local convention/practices. In Aceh for instance, the practice of ‘ganti peunayoh’ is used to establish compensation payments for cases involving unregistered lands claimed by long-term settlers based on various documentations like KTP (resident ID), tax receipts, certification from village leaders, or other related proofs. 40. In the case of ADB, its Policy on Involuntary Resettlement requires all ADB-financed projects to address social and economic impacts that are permanent or temporary and are (i) caused by acquisition of land and other fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land as a result of these projects. An “affected person” is defined as one who experiences such impacts regardless of land tenure. For this purpose, all ADB-supported projects that involve involuntary resettlement are required to prepare and implement a resettlement action plan.6

41. This Land Acquisition and Resettlement Action Plan (LARAP) is guided by these GOI Decrees and practices, ADB’s Policy on Involuntary Resettlement (1995) and ADB’s Operations Manual: Involuntary Resettlement (OMF2, 2006). C. Resettlement Principles and Assistance

42. In general Indonesian Law and ADB Policy are consistent with each other. However, they differ in the following aspects7:

5 Erna Heryani and Chris Grant, Land Administration in Indonesia, FIG Regional Conference, Jakarta,

Indonesia, October 2004 6 Involuntary Resettlement, Operations Manual (F2), Asian Development Bank, 2006 7 Source: LARPFPG, ETESP Grant Agreement April 2005

9

(i) Whereas Indonesian law sets the tax value (N.J.O.P.) as the basic

parameter for land valuation and relies on negotiation with the AP to define actual compensation rates in the direction of replacement cost, the ADB policy requires that APs are offered immediately replacement rates (with negotiation as a secondary instrument for minor adjustments);

(ii) Whereas based on Indonesian law informal settlers are ineligible for compensation or rehabilitation, the ADB policy requires the rehabilitation of these latter;

(iii) Whereas Indonesian practice tends to apply depreciation discounts to compensation rates for affected structures, ADB policy requires full compensation at replacement cost;

(iv) Whereas Indonesian law does not compensate business or severe losses, the ADB policy provides for compensation of business losses and special allowances to severely affected APs; and,

(v) Whereas Indonesian law does not provide for relocation subsidies, ADB policy requires that the project indemnifies transfer costs incurred by APs.

43. The above differences will be reconciled in favor of the requirements of ADB Policy. This can be easily done as Indonesian law offers enough interpretive latitude to do so. D. Entitlements to Compensation and Assistance

44. The ADB Policy requires compensation for lost assets at the current replacement value to both titled and non-title holders and rehabilitation assistance to restore lost income and livelihoods. In the Ulee Lheue Island Road Subproject, the absence of formal titles will not constitute a bar to compensation payments, relocation assistance and/or livelihood restoration. 45. As stated in the LARPFPG, entitlement provisions for APs losing land, structures and income and rehabilitation subsidies will include provisions for: permanent and temporary land losses, house and buildings losses, a relocation subsidy and a business losses allowance based on tax declarations and/or lump sums for actual losses. For SP5, losses are limited to residential/business land losses among land claimants and structure/business losses for small shop owners. Entitlements of APs under these categories are presented in Table 2 – Entitlement Matrix. The cut-off date established to determine eligibility of APs is 20 September 2007. This was communicated to the affected shop owners identified during the survey. The cut-off date was also posted at the Camat’s Office in Meuraxa for wider disclosure among the Ulee Lheue stakeholders. Those who settler or use areas within the subproject boundaries beyond such date will not be eligible for compensation or rehabilitation assistance.

(i) Residential/Commercial land – Titleholders will be compensated at replacement cost at pre-or-post tsunami rates (whichever is higher) in cash or in kind free of taxes (as per LARPFPG).

Note for SP5: Titleholder owners/heirs to SP5 affected land will be paid at replacement cost at post-tsunami rates, which is higher than pre-tsunami levels. The land tenure of the uncertified long-term settlers/claimants will be ascertained/validated using the processes under the RALAS Project.

10

Confirmed owners/heirs of these previously uncertified lands will be compensated similar to the 7 titleholders.

(i) Structures – Owners, including informal settlers will be compensated in cash or kind at replacement cost free of detractions for depreciation and transaction costs (as per LARPFPG).

Note for SP5: In the case of the small shop owners, compensation will be made based on replacement rates without depreciation and transaction costs.

(ii) Businesses Income Losses and Loss Income of Workers. If the business is lost permanently it will be compensated in cash equal to 1 year income based on tax declaration or, if this is unavailable, 1 year income based on local minimum salary; temporary business losses will be compensated in cash for the business interruption period based on tax declaration or, when this is not available, local minimum salary. In the case of workers from the affected business, compensation will correspond to three-month income from the shop (as per LARPFPG).

Note for SP5: A one time relocation allowance will be provided to the shop owner based on the business interruption during the transition period (time between dismantling of the old structure and rebuilding of a new structure). Amount of compensation shall be based on the current minimum wage in Banda Aceh which is currently placed at Rp 820,000 per month. Considering that the shop owners are committed to keep their workers in their to-be- established shops, their employment will continue once the shops have resumed operations. Related to this, workers from the affected shops will be compensated equivalent to their income from the shop during the transition period. Coordination for relocation with assistance by the contractor will be made by BRR with the assistance of the PIC.

(iii) Relocation Subsidy. APs forced to relocate will receive a relocation subsidy sufficient to cover transport costs and living expenses for one month. For House renters, a cash grant of three months rental fee at the prevailing market rate in the area and will be assisted in identifying alternative accommodation (as per LARPFPG).

Note for SP5: A one time relocation allowance will be provided to those small shop owners who choose to self-relocate based on the business interruption during the period. Amount of compensation shall be based on the current minimum monthly salary in Banda Aceh. Two of the three AP-households who need to relocate are included in the list of eligible families which will be provided with a housing unit by BRR in one of its housing sites. In the case of one AP-household who rents the affected structure, a cash grant of three-months rental fee at the prevailing market rate in Ulee Lheue will be provided and will be assisted in identifying alternative accommodation.

11

(iv) Vulnerable APs. Women-headed households, widows, orphans, disabled persons and elders without family are entitled to receive special assistance for house relocation/reconstruction and be given particular attention. During LARAP implementation, their land rights will be carefully safeguarded. Specific livelihood improvement strategies for their benefit will be studied. These may include employment in subproject activities, training and assistance in accessing micro-finance (as per LARPFPG).

Note for SP5: Further consultations and assessment will be done on the situation of widow-headed households, widow shop owners and orphans in order to determine possible additional assistance that would enable them to improve their condition. Initial assistance will be through linking with existing micro-finance/livelihood programs in the village.

Table 2 : The Entitlement Matrix

Asset Impact Category Affected People Compensation Entitlement

Titleholder Replacement value at pre-or post- tsunami rates (whichever the higher) in cash or in kind free of taxes, registration, or transfer costs.

Residential/ Commercial Land

Unregistered long term settlers (after validation/confirmation under RALAS)

Replacement value at pre-or post- tsunami rates (whichever the higher) in cash or in kind free of taxes, registration, or transfer costs.

Houses, structures, facilities

Owners of small shops (warung)/ shop-houses (ruko)

Cash at replacement cost or kind of affected items, without depreciation deductions.

Business/ employment

Temporary/ permanent loss of business, or employment

All APs including informal settlers

Cash equal to 1 year income. if the loss is permanent. Cash for the time of business interruption, if the loss is temporary For workers in the affected shops, compensation equivalent to lost wage during the transition period/business interruption.

Relocation Transport/ livelihood costs

All APs affected by relocation

Sufficient cash to cover transport costs and livelihood expenses for 1 month, to be calculated as minimum salary for 1 month For the structure-renting household, cash grant of three months rental fee at the prevailing market rate in Ulee Lheue and will be assisted in identifying alternative accommodation.

Special assistance for vulnerable households

All vulnerable APs Women-headed households, widows, orphans, disabled persons and elders without family are entitled to receive special assistance for house relocation/reconstruction and be given particular attention. During LARAP implementation, their land rights will be carefully safeguarded. Specific livelihood improvement strategies for their benefit should be studied. These may include employment in subproject activities, training and assistance in accessing micro-finance.

E. Land and Asset Valuation and Negotiation

46. The Land Acquisition Committee (LAC) at the Kota Banda Aceh Level has been formed and tasked to handle land price valuation, consultations and negotiations, with BPN (Land Agency) staff taking a central role. This Committee is supported by the Meuraxa camat, the Ulee Lheue geucik, together with sub-village leaders, traditional village leaders and representatives from the affected persons. The Committee also

12

seeks advice from an independent Land Valuation Expert (assessor) who provides comparative price information for comparable land and sites. 47. Valuation of affected structures will be done by the BRR, through its satker, by computing the quantities of materials of each of the affected structure based on current market prices of these materials, including cost of labor for construction. Depreciation will not be applied to the value as stipulated in the LARPFPG. 48. Initial information on the values of the affected structures was taken during the interviews with the shop/shop-house owners. All affected structures have concrete flooring and walls made of light materials. Sizes of the affected structures vary from 6 to 84 square meters. When asked how much they spent for constructing these structures, estimates provided by the APs range from Rp 1.200.000,- to Rp 16.800.000,-. Estimates for each structure are provided in Annex 2. These figures will have to be validated by the Land Acquisition Committee without deductions for depreciation. F. Compensation for Lands with Unknown or Unresolved Ownership issues

49. On March 27, 2007 the Mayor of Banda Aceh published Decree No 56 2007 giving authority to the Banda Aceh City Baitul Mal (Islamic Treasury Institution) to receive, safeguard and manage land compensation funds for owners as yet unidentified. In the case of land ownership that is disputed, the funds will be held by the Pengadilan Negeri (District Court) until the dispute is resolved. This process is being successfully used by SP4 APs concerned about land compensation and entitlements. The same process will apply to SP5. G. Relocation Strategy 50. Two options were explored with the shop owners affected by the SP5 in general:

a. rent stall at the Banda Aceh Market – this option was mentioned during the interviews. However, no AP expressed interest in this option. On the other hand, some APs request that they be given a chance to rent a stall in the soon-to-be constructed food court at the port area. This request has been noted and will be communicated with the Transportation Authority for the Ulee Lheue Port.

b. self-relocate – move to another place of their choice in the village or adjacent

village. APs whose claim to their previously occupied plots in the Ulee Lheue Island can be confirmed under the RALAS Project, may opt to move to their respective plots. Others may also choose other available plots in Banda Aceh or elsewhere. This is the preferred option of the affected shop owners if they cannot be allowed to transfer temporarily in an open space adjacent to the construction site.

51. In the case of two AP households who now live in the affected shop-houses, BRR has already included them in the list of households who will be provided with housing units in one of BRR’s settlement development sites intended for tsunami-victims. This is a separate BRR program and is not included in the costing under this LARAP.

13

H. Restoration of Livelihoods

52. Sustainable Livelihood Restoration Measures. The ETESP sectors include the Livelihood and Microfinance Sub-Component (LMS) of the ETESP, designed to assist the recovery and growth of small and micro enterprises (SMEs) that comprise the backbone of the NAD-Nias economy. Objectives of LMS are:

a. To help ensure the sustained provision of the means for the most vulnerable

people and low income households to engage in viable economic activities; b. To help strengthen the NAD-Nias financial system so that financial institutions

can viably sustain the widening and deepening of financial services 53. In addition to the funds available through the LMS, resources allocated by major players for livelihood restoration measures are substantial and will be available to serve the needs of the specified APs (small shop owners) as well as other interested and qualified APs. LMS has actively sought working relationships with major players (local or international, government or NGOs) engaged in similar activities in order to optimize the use of resources and to achieve synergy, while avoiding overlaps and dysfunctions. For this purpose and in cooperation with BRR, it has assisted in setting up the following:

a. Livelihood Fund (LF) - through which ETESP grants allocated for the

Livelihood Component of LMS will be channeled and accessed by intended users.

b. Microfinance Innovation Fund (MIF) – through which ETESP grants allocated for the Microfinance Component of LMS will be channeled and accessed by intended users.

54. Similar to the SP4 LARAP, concrete steps will be taken to link the APs with the ETESP LMS activities through the conduct of orientation/socialization, and dissemination of information on available micro-finance support, application requirements and support modalities by the PIC Social Safeguard Specialist. The Social Safeguard Specialist will also help APs with other agencies offering programs of particular relevance to the APs. A budget under the PIC contract for meeting facilitation and data collection will be allocated to promote this activity. Success will be monitored by the independent team to be contracted through Syiah Kuala University. The three micro-finance conduits (PT BPRS Hikmah Wakilah, and PT BPRS Baiturahman) that were assisted under the LMS Program will be tapped to extend micro finance support to interested APs. Networking will also be done with similar initiatives from BRR and other donors. Likewise, the PIC Social Safeguard Specialist shall track how many of the affected shops are able to resume their livelihood activities and assess impact on income levels. 55. At the same time, employment opportunities from the road construction will maximize the use of local skilled and unskilled labor from the nearby communities. To facilitate this, notice of job opportunities from the subproject will be posted in the villages and announced through the village leaders.

14

IV. AP CONSULTATION ACTIVITIES

A. Introduction

56. BRR will ensure that the affected population and other stakeholders are informed and allowed to participate actively in the SP5 development process. This will be done throughout the subproject, both during implementation and monitoring of project results and impacts. B. Consultation Mechanisms

57. The Land Acquisition Committee Kota Banda Aceh was established as a body in February 2006 with an exchange of letters between the Dept. of Public Works and the Governor. This Committee functioned throughout the year dealing with land acquisition issues on a number of projects/subprojects. On Ulee Lheue Island, early consultations were held with local officials (geuciks, camats, keluara, imeuems, etc.) to inform stakeholders about the road rebuilding plans, identify concerns and seek feedback from the affected persons. 58. Meetings concerning SP5 design and land acquisition requirements began in January 2007 and continued throughout the year. The AP consultation and land negotiation process began on August 28 with a Land Acquisition Committee Public Consultation in the Meuraxa Camat’s Office. During the meeting, the SP5 subproject and the land acquisition requirements were explained. Those with legal certificates were initially targeted for negotiations and processing of compensation. A follow up consultation with the APs with legal certificates was conducted on 3 September 2007 at the Camat’s Office in Meuraxa. A site visit was made by LAC representatives and the APs to plots on UL Island to discuss the concerns of APs with land titles. The APs with land certificates then conducted a price negotiation meeting with representatives of the Kota Banda Aceh Land Acquisition Committee. Agreement was reached for Rp 400,000 -450,000 sqm for land depending on the distance from the original UL Island roadway. This is consistent with post-tsunami land prices in the area. 59. On September 2007, Individual consultations were also made with the affected shop owners by the PPC Social Safeguard Specialist to obtain initial information on their livelihood and affected structures, inform them of their entitlements for compensation/rehabilitation assistance and ask their relocation preferences. Further discussions were conducted by the PIC Social Safeguard Specialist with the shop owners to determine possible relocation and livelihood restoration options in January-February 2008. During the same period, several meetings were also held by the PIC Social Safeguard Specialist with the long-term claimants/settlers in uncertified lands identified in the BPN-Kota Banda Aceh mapping activities conducted in August-October 2007 and in the LAC validation activity in February 2008. 60. Early in December 2007, a meeting was also conducted by the village leader of Ulee Lheue Village with 10 of the affected unregistered settlers related to their concern about their eligibility for compensation. Their concern was formalized through a surat keterangan which was then forwarded to the City Government of Banda Aceh for consideration. A meeting with the APs was also held at the ADB EMS Office in Banda Aceh.

15

61. To determine the compensation payments for the unregistered land claimants, ‘musyawarah’ (consultations) will be conducted by the LAC in February. 62. Several follow-up consultations and informal meetings were organized by the PIC Social Safeguard Specialist with the APs and village/sub district leaders from January to February 2008 to help clarify some of the outstanding issues concerning compensation payments, eligibilities and related concerns. Consultation with APs will be done on a continuing basis throughout the LARAP implementation by the PIC Social Safeguard Specialist. The Satker for SP5 will also be available for consultation and queries by APs. Annex 3 highlights the consultations and key meetings conducted in the preparation of the LARAP. C. Disclosure of Resettlement Plan

63. A summary of the LARAP will be translated into Bahasa Indonesia and disclosed to APs immediately following approval of this Plan. Likewise, the full document will be posted on the ADB website. Disclosure of the LARAP will occur through meetings between the camat/geucik and the APs. These meetings will provide APs with information on measurement of losses, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments and displacement schedule. A pamphlet (to be translated to Bahasa Indonesia) is shown in Annex 4. D. Grievance Procedure

64. The main objectives of the grievance procedure are to provide an avenue for APs to voice dissatisfaction, make complaints or express grievances to village heads either verbally or in writing. APs consultation and participation mechanisms should effectively minimize the occurrence of major grievances. 65. However, the subproject will use the regular/local routes for handling grievance. Grievances can first be referred through the office of the geucik or camat. If the issue cannot be resolved satisfactorily, the APs can then appeal to the Land Acquisition Committee for assistance in the negotiation. Alternatively, the AP can approach the satker for SP5. 66. If efforts to resolve disputes at the village and subproject level are still unresolved and unsatisfactory, APs have the right to directly discuss their concerns or problems with the BRR designated Grievance Focal Point for the ETESP Roads and Bridges Sector. Finally, the APs may seek satisfaction through the appropriate court of law. 67. The ETESP Grievance Facilitation Unit formed under the BRR Supervisory Board (Dewan Pengawas) can also be contacted by APs and the general public on concerns related to the subproject or the ADB EMS/PMO Office in Banda Aceh.

V. INSTITUTIONAL FRAMEWORK

68. The “Badan Rehabilitasi dan Rekonstruksi NAD dan Nias” [BRR] is the Executing Agency [EA] for the ETESP Grant. Overall coordination and administration of ETESP, including those related to land acquisition or resettlement, is the responsibility of BRR as Executing Agency. On the other hand, the local government at the provincial and district levels are mandated by law to handle land acquisition requirements for

16

development projects of government. Both BRR and the Provincial Government of NAD have officially endorsed the Land Acquisition and Resettlement Policy Framework and Procedural Guidelines (LARPFPG) for ETESP. The NAD Provincial Government has also directed District Governments in NAD to support ETESP and its guidelines related to land acquisition and resettlement.

• 69. BRR, through its Project Management Office [PMO] in Banda Aceh and the Department of Roads and Bridges handle all roads and bridges subprojects financed under the ETESP grant. Implementation of the subprojects is the responsibility of special project implementation unit(s), termed Satker(Satuan Kerja) established in BRR.

• • 70. With regard to land acquisition/resettlement, BRR will perform the

following tasks: (i) provide overall coordination for LAR related activities, (ii) lead (with UNDP support) the establishment of market reference rates for land valuation in tsunami affected areas, and (iii) engage an External Monitoring Agency (EMA) on land acquisition/resettlement.

• • 71. The Ulee Lheue Island Road is a Provincial Road and is therefore

under the jurisdiction of the NAD Provincial Government. The Provincial Government co-decides with BRR the overall design of the subproject, instructs the Kota/District Governments on the initiation of land acquisition activities, and provides oversight roles in the LAR implementation and other concerns related to the implementation of the subproject.

• • 72. The Land Acquisition Committee (LAC) at the Kota Banda Aceh

will undertake the following: •

(i) community consultations to engage APs; (ii) solicit AP input into the negotiation process; (iii) explain the LARAP and its entitlement policies and options, including the

grievance procedures; (iv) undertake a verification process confirming individual’s entitlements; (v) negotiate compensation with identified APs; (vi) ensure that the appropriate payments are made and recorded by maintaining

a database recording the identification and location of APs, inventory of losses, the compensation paid, and the date and method of payment;

(vii) respond to grievances and complaints; (viii) provide a update reports to BRR/the governor on LARAP implementation.

• • 73. In compliance with Presidential Decree (Perpres) 65/2006, the

Independent Land Valuation/Assessor Team appointed by the Office of the Walikota of Kota Banda Aceh is responsible for determining current land prices in the area through review of recent sale records, interviews with adjacent landowners, review of tax records (NJOP) and other possible references. The team also assists the Land Acquisition Committees in the conduct of consultations with APs. The team is composed of the sub district and village heads, traditional village leaders and a private land appraiser.

17

74. A firm was engaged by ADB to serve as Project Implementation Consultants (PIC) to support BRR in the implementation of the Sub-Projects under the Roads and Bridges Sector of the ETESP. Specific tasks of the PIC include, among others:

i) monitoring of the Contractors’ compliance with stipulated measures to mitigate, enhance or compensate for environmental and social impacts related to the implementation of Sub-Projects under the Sector

ii) monitoring and reporting on overall sub project social and environmental impacts in accordance with GOI regulations, ADB guidelines on safeguards, and the particular requirements of the ETESP Grant Agreement;

iii) assistance to the Satker in the identification, facilitation, resolution, documentation and reporting of grievance from communities, groups or individuals related to the implementation of the Sub Projects;

iv) assistance to the Satker in preparing requisite subproject Monitoring and Evaluation Reports (including LARAP internal monitoring) and Progress Reports during construction; and preparation of comprehensive Sub-Project Completion Reports when finished.

v) Support those AP shop owners who seek assistance in obtaining additional capital for their businesses, by coordinating with the three ETESP micro-finance conduits in Banda Aceh (PT BPRS Hikmah Wakilah) and Peukan Bada (PT BPRS Baiturahman and similar micro-finance programs/initiatives by other agencies in these areas, under the LMS Component of the ETESP.

75. The BRR Supervisory Board (Dewan Pengawas) has the twin role of monitoring the implementation of the rehabilitation efforts and in receiving complaints from the public. A Facilitation Unit for ETESP shall be lodged within Dewan Pengawas. It shall be headed by a Facilitation Specialist (FS) who shall report directly to the Head of Dewan Pengawas and work closely with both the Dewan Pengawas Experts and the Grievance Focal Point at BRR on complaints and issues related to the subproject. The Unit shall have the following responsibilities related to the Ulee Lheue Island Road Subproject:

• design and oversee the conduct of orientation on the ETESP grievance redress system for the Satker and village leaders

• coordinate/follow-up with BRR-Anti Corruption Unit, the Sector Experts from Dewan Pengawas on grievance/complaints

• Analyze trends and crosscutting concerns and propose actions to address these.

• Coordinate with the Adviser to the KPK in capacity building and advocacy activities.

• Refer corruption-related cases to KPK, through its Adviser, for further action. • Help verify complaints • If needed, serve as facilitator/mediator to settle conflicts/concerns

between/among implementing agencies/communities/private sector • Obtain regular updates from the Roads and Bridges PIC and provide such

updates to the concerned Dewan Pengawas Sector Experts for possible field validation

• Undertake monitoring of local (print and broadcast) media, including clipping, translating – where needed.

18

76. Syiah Kuala University shall provide a team for the conduct of external resettlement monitoring for the subproject. This team will also be under the supervision of the BRR Supervisory Board.

VI. MONITORING AND EVALUATION PROGRAM

77. Internal monitoring: The ETESP Roads and Bridges Project Implementation Consultant has been contracted to work with the BRR and the Satker in an assist role. The Consultant shall assist BRR in the review and implementation of the necessary measures under the LARAP for the Bridges Component. The first internal resettlement monitoring report will be prepared upon completion of the compensation payments/rehabilitation assistance to all known APs, including those losing land or small shops/livelihood. The PIC Social Safeguard Specialist shall assist the Satker in this task. 78. The Project Implementation Consultant will also monitor contractors’ conformity with environmental and social impact controls required under the subproject and monitor impacts of construction activities. In the event that additional land acquisition and resettlement issues emerge during implementation, including any resulting from amendments or augmentations to the scopes of works, the Consultant shall assist BRR in the preparation and implementation of supplementary LARAP as and where required. The Consultant will assist BRR in the identification, facilitation of resolution, documentation, and reporting, of grievances from communities, groups or individuals who may consider that they have been adversely affected as a result of the implementation of the subproject. 79. External Monitoring: External Monitors from Syiah Kuala University, under a separate contract with ADB and direct supervision of the BRR-Supervisory Board (Dewan Pengawas) shall be mobilized to undertake external resettlement monitoring of the ULR Island Subproject. The team of External Resettlement Monitors shall validate agreements made and documentation related to the preparation of the LARAP, identify resettlement impacts during subproject implementation, and assess conditions of people affected by subproject implementation and adequacy of support for restoring damages/losses to assets and livelihoods. 80. Specifically, the work of the External Monitors shall include the following:

a. interview the affected persons (identified in the LARAP) to confirm the extent of impact of the subproject, their awareness of their entitlements under the LARPFPG and agreements reached with the LAC;

b. validate if the assistance provided to the APs comply with the provisions

of the Land Acquisition, Resettlement Policy Framework and Procedural Guidelines (LARPFPG) as agreed in the ETESP Grant Agreement;

c. assess if there are impacts on the APs that were not foreseen during the

LARAP preparation and if actions were undertaken to address these; d. assess if appropriate assistance has been provided to vulnerable APs;

19

e. determine if the standards of living of the APs have improved, remained the same or worsened and the factors behind these;

f. verify from the field if there are APs who were not included in the LARAP

and assess the subproject impacts on these APs; and, g. recommend appropriate measures, if needed, to ensure that APs are

assisted to restore their living conditions and livelihood, or are at least not worse off as a result of the subproject.

81. The external resettlement monitoring/evaluation will be done in June 2008. If necessary, a follow up monitoring will be done after three months. Should there be unanticipated land acquisition/resettlement impacts that emerge during construction, further supplemental external resettlement monitoring may be done.

• 82. Reporting and Web Uploading of Monitoring Reports: Results of internal and external resettlement monitoring reports shall be submitted to EMS/PMO for review. Once reviewed, the reports shall be uploaded by EMS/PMO into the ADB website.

20

VII. LAND ACQUISITION BUDGET AND FINANCING

83. The BRR and Kota Banda Aceh are responsible for all land acquisition costs associated with the implementation of the LARAP. A budget of approximately Rp 3,683,072,500 is needed for the implementation of this LARAP. Allocation is also been made for Land Acquisition Committee costs and administration. The budget breakdown is shown in Table 3. BRR may request ADB that part of this amount be charged under the ETESP grant.

Table 3: Land Acquisition Budget

Particulars/Items Units Quantity Estimated Budget

(Rupiah) 1 Compensation for

land private lands with titles

7 APs with a combined area of 4,078 sqm affected land at Rp450,000 per sqm

1,835,100,000

2 uncertified land

24 APs to be verified under RALAS with a combined area of 3,807 sqm affected land at Rp450,000 per sqm

1,713,150,000 8

3 Compensation for structures9

Small shops/shop-houses

7 units with a combined area of 300 sqm at an estimated value of Rp200,000 per sqm.

60,000,000

4 Business Losses Revenue10

Small shop owners Workers

7 APs at Rp 820,000 each 6 workers at Rp 300,000 each

5,740,000

1,800,000

5 Rental allowance Shop-house renter

1 structure-renter at Rp 600,000 x 3 months

1,800,000

6 Relocation for structures

Small shops/shop-houses

7 units (price, ranged from 500,000 – 1,500,000) depend on sqm

6,000,000

7 LAC Administration

±1% of land purchase price 35,482,500

Total including Administration/ contingencies

3,689,072,500

See notes for items below:

8 Internal Monitoring 11

Roads and Bridges PIC Consultant

9 External Monitoring 12

Syiah Kuala University

8 Price of land is based on preliminary estimates of land values near the area and is presented for planning purposes. Value of

each plot will have to be assessed in determining actual amount of compensation. 9 The amount for this compensation is based on a rough estimate of the replacement value of the materials (mostly wood and light

materials) of the affected structure as provided by local carpenters in the area. This will be revised based on a more accurate determination of the quantities of affected materials by the satker.

10 Relocation subsidy is computed based on the current minimum wage in NAD of Rp820,000 per month. 11 Budget for internal monitoring is integrated into the overall contract with the PIC Consulting Firm under a separate budget item. 12 Syiah Kuala University under separate contract will provide external resettlement monitoring for all ETESP subprojects involving

land acquisition or resettlement. Under a separate budget item, ETESP has contributed US$30,000 to BRR to facilitate the engagement of an external resettlement monitoring agency for ETESP.

21

VIII. IMPLEMENTATION SCHEDULE

84. The implementation of this LARAP commenced with the creation/mobilization of the Land Acquisition Committee in February 2007. Assessments, consultations and processing of payments for some APs started in September 2007. As of February 2008, 26 of the known APs with land losses, 7 structure owners and those with livelihood losses have not been compensated/assisted. Completion of the remaining compensation payments and rehabilitation assistance, especially among those with unresolved land ownership claims will depend on the progress of the community driven adjudication under the BPN-RALAS Project. Coordination has been made by BRR with BPN to prioritize Ulee Lheue Island in its work program. 85. ETESP is scheduled to close by June 2009. Related to this, efforts must be exerted to complete most physical works by 2008. Considering that large sections of the subproject alignment have no unresolved land issues (some sections between sta. 0+ 100 to sta 0+325, 0+335 to 0+475, 0+480 to 0+525 and most sections between sta 0+545 to Sta 1+230), a phased-implementation of civil works is proposed to be conducted - focusing first on the areas with no pending land issues while land ownership verification and compensation payments are undertaken in the affected sections. 86. Internal and external resettlement monitoring for the subproject is scheduled in May 2008. Results of the monitoring will be submitted to ADB for review and will be used as basis for seeking approval for the commencement of works for the remaining sections of the subproject. The LARAP Implementation Schedule shown in Table 4 is based on this premise.

Table 4: LARAP Implementation Schedule

Activity Date Responsibility Initiate and complete all land acquisition, consultation and negotiation activities.

August 2007-February 2008

BRR SP5 Satker with Kota Banda Aceh Land Acquisition

Committee Inform potential APs of land acquisition request

August/September 2007

LAC members

Initial identification of APs, explanation of the land acquisition plan, entitlements and grievance procedures

August/September 2007

LAC members and BRR SP5 Satker

Negotiation of compensation with APs with registered lands.

September 2007 LAC members, Land Valuation Team and BRR SP5 Satker

Processing of verification of documents of APs with registered lands

September 2007 – January 2008

LAC members – camats and geuciks

Clarification of ownership status of 25 claimants of uncertified land.

October 2007-February 2008

Kota Banda Aceh Land Acquisition Committee

Payment of APs initiated (recorded in database)

December 2007 BRR and the Province provide funds to LAC. BRR disburses

compensation. Tendering Process Initiated and Completed

November 2007 – February 2008

BRR SP5 Satker

Consultation with APs with claims to uncertified land to determine

February 2008 LAC

22

Activity Date Responsibility compensation payments and assessment of vulnerable APs Valuation of affected structures February 2008 BRR satker Payments schedule for loss of structures (small shops/shop-houses) and loss of livelihood (business or small shops owners, workers in affected shops

April – June 2008 BRR

Relocation schedule for the small shops


Actions Plan for the small shops developed [will be provided to ADB]


Submission of revised LARAP February 2008 BRR (with support from PIC) Approval of the revised LARAP March 2008 ADB EMS Local and web disclosure March 2008 BRR SP5 Satker (local)

EMS (web) Contract award for civil works March 2008 BRR SP4 Satker Civil works begins in phases (starting in sections with no pending land issues)

April 2008 Contractor

Payment of Titleholder APs completed (recorded in BPN formats)

December 2007-February 2008

BRR and Kota Banda Aceh allocate funds to LAC. BRR

disburses compensation. Payment of eligible claimants to uncertified land and affected shop owners

April-May 2008 BRR and Kota Banda Aceh allocate funds to LAC. BRR

disburses compensation. Submission of the LARAP Completion Report

June 2008 BRR with the assistance of Project Implementation

Consultants First External Monitoring Report June 2008 Syiah Kuala University Approval of civil works for remaining road sections

July 2008 ADB EMS

Quarterly Internal and External Resettlement Monitoring and Identification of any issues affecting vulnerable groups and proposed solutions

After start of civil works until completion

Project Implementation Consultants and Independent

External Monitors (Syiah Kuala University team)

LAR Impact Evaluation October 2008 Independent External Monitors (Syiah Kuala University team)

23

ANNEX 1

ROAD OVERLAY ON THE ULEE LHEUE ISLAND BPN MAP

Annex 1: SP5 Road Overlay on Ulee Lheue Island BPN map

ANNEX 2

LIST OF AFFECTED PERSONS AND LAND OWNED BY

GOVERNMENT AGENCIES

Annex 2: Lists of Affected Persons and Land Owned by Government Agencies1

Group A: APs Losing Registered Land No. Name Gende

r Vulne-rable?

NIB Affected Land (sqm)

Remaining land (sqm)

Type of Land

Receipt of Housing Assistance

Donor

1

Effendi Musa

M No 20

546**

116 Tsunami damaged

Yes BRR

2 Nuzulul Taqwa (heir)

M No 22

290

0 Tsunami damage

Lives in Other district

3 Rahmad Saputra (heir)

M No 23

320

0 Tsunami damage

Lives in Other district

4 Mahruzal (heir)

M No 21

362

0 Tsunami damage

Yes BRR

5 H.Sofyan Lidan

M No 30

371

334 Tsunami damaged

Yes BRR

6 Ajmi (heir)

F No 39

93

129 Tsunami damaged

Lives in a barracks with family in Lhoong Raya, Banda Aceh

BRR

7 Munawar Khalil (heir)

M No 24

1,980

6,375 Tsunami damaged

Lives in Lingke, Banda Aceh

7 APS

3,962

** affected area is 546 but compensation will include the remaining area of 116. Hence, total land to be compensated for the 7 APs is 4,078 sqm.

1 Data as presented by BRR Satker in August 2007 and reconfirmed in December 2007

Group B: APs with Claims to Uncertified Land

No District Sub

District Village Name NIB # of Sqm Housing

Assistance

1 BA Meuraxa Ulee Lheue Zukipli (heir of Sadin,alm) 1 150 No

2 BA Meuraxa Ulee Lheue Bakhtiar 2 83 No

3 BA Meuraxa Ulee Lheue Erna (heir of Zakarya,alm) 3 101 No

4 BA Meuraxa Ulee Lheue Tgk Jamil 4 100 No

5 BA Meuraxa Ulee Lheue M.Saleh 5 60 No

6 BA Meuraxa Ulee Lheue Bustamin 6 89 No

7 BA Meuraxa Ulee Lheue Nurfin (heir of Esman, alm.) 7 81

No

8 BA Meuraxa Ulee Lheue Tgk Yusuf (renter) (Abdul Rani is the owner) 8 100

No

9 BA Meuraxa Ulee Lheue Ismail 9 180 No

10 BA Meuraxa Ulee Lheue Suheimi (heir) 10 203 China Charity, Neuheun

11 BA Meuraxa Ulee Lheue Rudianto (heir) 15 77 China Charity, Neuheun

12 BA Meuraxa Ulee Lheue T. Sulaiman 18 245 No

13 BA Meuraxa Ulee Lheue Fadli 19 7 China Charity,

Neuheun

14 BA Meuraxa Ulee Lheue Joni (heir of Samsuar, alm.) 29 332

No

15 BA Meuraxa Ulee Lheue Amran 32 197 Bunda Suci, Pante

Riek

16 BA Meuraxa Ulee Lheue Muhktar Asin 34 127 No

17 BA Meuraxa Ulee Lheue Sarjuni 35 160 No

18 BA Meuraxa Ulee Lheue Dalman (heir) 36 114 No

19 BA Meuraxa Ulee Lheue Amat Dokan (heir) 37 99 No

20 BA Meuraxa Ulee Lheue Lastri (heir) 38 123 China Charity, Neuheun

21 BA Meuraxa Ulee Lheue Hamdani/Nasir 40 98 No

22 BA Meuraxa Ulee Lheue Apriani (heir of Halim K)* 26 867 No

23 BA Meuraxa Ulee Lheue Unknown 11 116

24 BA Meuraxa Ulee Lheue Unknown 41 98

Total 3,807

alm = almarhum (deceased man)

* Information from the Land Acquisition Committee classified this plot as unknown. However, information from the village revealed that the land is owned by the resident named Apriani (heir of Halim K)

Group C: Affected Government-owned Land

No District Sub

District Village Name NIB # of Sqm

1 BA Meuraxa Ulee Lheue Rail Way 12 144

2 BA Meuraxa Ulee Lheue Rail Way 13 355 3 BA Meuraxa Ulee Lheue Tax Office 14 1,860 4 BA Meuraxa Ulee Lheue Tax Office 16 342 5 BA Meuraxa Ulee Lheue Sub District Land 17 2,362 6 BA Meuraxa Ulee Lheue Post Office * 28 12 7 BA Meuraxa Ulee Lheue Sub District Land 25 120 8 BA Meuraxa Ulee Lheue Post Office * 27 493 9 BA Meuraxa Ulee Lheue Sub District Land 31 1,347

10 BA Meuraxa Ulee Lheue Sub District Land ** 33 156 Total 7,191

* Information from the Land Acquisition Committee classified this plot as unknown. However, information from the village revealed that the land is owned by the Sub District of Meuraxa.

** Information from the Land Acquisition Committee classified this plot as uncertified land claimed by a private company. However, information from the village revealed that the land is owned by the Sub District of Meuraxa

Group D: Affected Small Shops/Shop-houses Name Sex Age Place of

Birth Vulnerable?

Type of Shop

Estima-ted Area (in sqm)

Estimated cost of construc-tion (in Rp) **

Estimated for Relocation (in Rp)***

Home Address

Tenure Arrangement

of Shop

1 Sumiati * F 46 Medan No Coffee shop and small grocery store

84 16,800,000 1,500,000 Barrack at Ulee Lheue

Owns structure within the ROW

2 Marhum * M 52 Seunudon, Aceh Utara

No small grocery store (shop-house)

64 12,800,000 1,000,000 Desa Ulee Lheue

Owns structure within the ROW. (Wife and child also stays at the shop.)

3 Heri *

M 29 did not indicate

No Gas (bensin) for fishing boats

6 1,200,000 500,000 Pante Riek (hse provided by Budha Suci)


4 Faisal Haryadi *

M 35 did not indicate

No coffee shop 18 3,600,000 500,000 Desa Ulee Lheue

Owns structure which Supriadi rents for his coffee shop

5 Supriadi

M 28 Medan No Coffee shop - - Desa Ulee Lheue

Renting the structure of Faisal Haryadi within the ROW (his wife also stays at the shop)

6 Kartini * F 54 Sabang Widow (living with 1 grand-son)

coffee shop and aquarium fish trading

64 12,800,000 1,000,000 Pante Riek, (hse provided by Budha Suci


7 Irwandi *

M 31 Ulee Lheue

No Coffee shop 58 11,600,000 1,000,000 Desa Ulee Lheue

Owns the structure within the ROW (wife and children also stay at the shop)

8 Bahtiar *

M 38 Ulee Lheue

No Gas (bensin) for fishing boats

6 1,200,000 500,000 Lives in a barracks in Lhoong Raya, BA

Owns the structure within the ROW

* long term settler in another plot in Ulee Lheue Island ** based on estimated provided by the APs during the interview ***based on estimated removal cost

ANNEX 3

SUMMARY OF CONSULTATION ACTIVITIES

Annex 3 : Summary of Consultation Activities

Table 1: Summary of Consultation Meetings for the LARAP Preparation for Ulee Lheue Island Road (SP5)

Date Place Topics Participants Consultation Results

January 29, ‘07 BRR Central Office • Scope of the subproject

• Mr. Haryanto C. Pranowo (Director of Road and Bridges)

• Senior Officials of BRR

• Decision reached on the scope of SP5 design (from Laguna Bridge to the Ulee Lheue Port

February 06, ‘07 Dinas Perhubungan

office (Provincial Transportation)

• PPC’s scope of work

• Mr. Muhyan Yunan (The Head of Dinas Perhubungan)

• Dinas Perhubungan officials

• Additional scope of work for the PPC due to change in design clarified.

• Inclusion of topographic survey and soil investigation in the DED agreed.

February 14, ‘07 ADB EMS Office • SP5 control points

• Mr. Aminul Huq (Deputy Head of ADB EMS)

• Mr. Haryanto C. Pranowo (Director of Road and Bridges)

• Mr. Paul E. Fritz (MDF)

• Agreed to use the previous road alignment from Laguna Bridge to Ulee Lheue Port to minimize land acquisition.

• Clarified that the alignment and the embankment material for the temporary existing road is not suitable for a new road construction

• Agreed that the design criteria for the new road should be with full consideration of a 4 four lane (2 lanes in 2 directions inclusive of median) road

July 10 ‘07 Water Resources Dinas

office • SP5 SPAR

• Representative of ADB EMS • Representative of BAPPEDA • Representative of BRR Road and

Bridges Dept. • Representative of BRR

Environmental Dept. • Representative of BAPEDALDA

NAD • Representative of Dinas Praswil

NAD • Representative of Dinas PJSDA • Representative of P2JJ office • Representative of PDAM NAD • Representative of PLN • Representative of BPN • Representative of City Planning

• Supported the decision for a 4 lane road (2 lines in 2 directions inclusive median)

• Agreed that the design for SP5 will be finalized on September ’07. Implementation is planned on early (Jan) 2008 to the end 2008 (Dec)

• Clarified the inclusion of 2 box culverts in the design for water ways in causeway road

• Agreed that the UKL-UPL (or IEE) should be prepared soon in order to secure BAPEDALDA NAD endorsement

• Agreed that the SP5 construction plan will be according to use/load of road (considering sea side and inner Laguna side road)

• Recommended that since the Ulee Lheue Island area will be developed for tourism, there is a need for greening and landscaping of the Ulee Lheue area and the road side with the ornament plants, especially with local plants

Date Place Topics Participants Consultation Results Dinas

• Representative of Cleaning and Greening/Landscaping Dinas

• Others

(jeumpa, seulanga, etc.) • Recommended that landing area for fishing boats be

develop in the inner laguna • Emphasized that the Design of SP5 should be compatible

to the Master Plan (of Banda Aceh City and Meruaxa Sub-District) once this becomes available

• Agreed that the PPC will carry out coordination with related institutions

• Recommended that the drainage system in the road should match the existing drainage system

• Informed about the LARAP preparation and the need to mobilize the Land Acquisition Committee to speed up the land valuation and compensation process.

• Agreed that lines/spaces for utilities (PDAM, PLN, TELKOM) will be provided in design planning

• Agreed that landscaping and greening will integrated within the design planning

• Informed that the and acquisition process will start in early October 2007

August 20, ‘07 UN-Habitat office • Meuraxa Spatial Plan

• Mr. Bruno Dercon (Housing

Policy Advisor of UN-HABITAT ANSSP-Banda Aceh)

• Ms. Nancy Rosma Rini (Specialist Planner of UN-HABITAT-Banda Aceh)

• Mr. Humam Fauzi (Specialist Planner and Community Facilitator of UN-HABITAT-Banda Aceh)

• Informed about a) the Spatial Plan for Meuraxa sub-district being

prepared by UN Habitat as requested by the Regional Government, and

b) other related spatial/urban rehabilitation and reconstruction plans for Banda Aceh

Date Place Topics Participants Consultation Results August 28, ‘07 Meuraxa sub-district

office • Subproject plan • land acquisition

• Mr. T. Saifuddin (Secretary of Banda Aceh City Government)

• Mr. T. Murdani (Head of Agrarian/BPN office)

• Mr. Tarmidi Yahya (Camat Meuraxa)

• Mr. M. Jaridin (Geucik of Ulee Lheue Village)

• Satker officials • Community representative

(Community leaders) • Related institutions • APs

• APs informed of the subproject • Advised APs to check to the Geucik and Camat whether

their land will be impacted by the subproject, and to complete their documents on land ownership status

• Agreed that the Camat and Geuchik will check the documents of APs’ land ownership

September 01, ’07

Meuraxa sub-district office

• Progress on land ownership documentation

• Determination of land price • Eligibility of APs


• Mr. T. Murdani (Head of Agrarian/BPN office)

• Mr. Tarmizi Yahya (Camat Meuraxa)

• Mr. M. Jaridin (Geucik of Ulee Lheue Village)

• Satker officials • Community representative

(Community leaders) • APs

• APs informed of the process for land valuation, negotiation on land price determination, and eligibility of APs clarified.

• Cut off date for the eligibility of APs announced/explained among APs.

September 10, ’07 Meuraxa sub-district office and Ulee Lheue Sector Police office

• Opinion on SP5

• Mr. Bachtiar MD (Secretary of Meuraxa sub-district)

• Mr. Syarifuddin (Head of Tenggiri sub-village)

• Mr. T. Chairul (Head of Ulee Lheue Sector Police office)

• Support from the Camat, village staff and the Head of Police for the subproject was secured.

September 20, ’07 Ulee Lheue Island • Field visit • Environmental issues in the

UL island related to SP5.

• Mr. Syauqi Kamal (Commitment Maker or PPK for SP5)

• Mr. Ashley J. Bansgrove (International Environmental Advisor of ADB EMS Banda Aceh)

• Ms. Budi Prati (National

• Explained BRR- sea wall protection which prevents sea water to flow into the inner lagoon

• Clarified the need to construct 2 box culverts in the causeway to allow sea water to flow freely to both sides of the lagoon (inner and outer)

• Discussed potential water quality issues (i.e. the outer and inner lagoon, debris disposal from the temporary

Date Place Topics Participants Consultation Results Environmental Advisor of ADB EMS Banda Aceh)

• Mr. Ismudi Muchsin (Bapedalda Advisor for ETESP)

• Mr. Herryanto (Deputy TL of PPC-Phase II Consultant)

road), and need for existing water quality status testing as a baseline data of existing condition

• Advised to check with the City Planning and Settlement Dinas of Banda Aceh, whether they have already a specific spatial plan for Ulee Lheue Island and the policy of regional government of this area

• Advised on the need to conduct further public consultation with local fishermen communities and/or with the head fishermen organization or cooperation (Panglima Laot) and other informal community leaders

September 20, ’07 BAPEDALDA NAD office • UKL-UPL (IEE)

requirements • Environmental issues related

to the subproject

• Mr. Mufti Majid (Head of Environmental Assessment Division of BAPEDALDA NAD)

• Mr. Ismudi Muchsin (Bapedalda Advisor for ADB EMS Banda Aceh)

• Ms. Rosmayani (Technically staff of Environmental Assessment Division of BAPEDALDA NAD)

• Identified potential environmental issues related to SP5 (water quality issue in the inner and outer lagoon, dust and noise during construction)

• Reiterated the need to include a box culvert to allow free flow of sea water into the lagoon.

• Clarified the need to carry out water quality testing the in inner and outer lagoon by BAPEDALDA NAD Laboratory staff

September 20, ‘07 Ulee Lheue Island • Profile of affected shops/shop-houses, cut-off date, AP concerns.

• APs (Shop/shop-house owners) • Discussed entitlements of APs and relocation options/preferences of APs.

• collected basic socio demographic data on the APs.

Date Place Topics Participants Consultation Results September 21, ’07

City Planning and Settlement Dinas of Banda Aceh City (BAC) office

• UKL-UPL (IEE) requirements for SP5

• Environmental issues related to SP5

• Masterplan for Ulee Lheue Island

• Mr. Ramos Kam (Head of Spatial Planning and City Planning Sub-Division)

• Clarified the status of the Spatial Plan of Meuraxa sub-district by UN-Habitat

• Explained the plan to develop Ulee Lheue Island as a port/harbor, tourism area (including tsunami heritage tourism, ziarah tourism to the tsunami monuments, and water tourism), and area for fishing activities

• Explained the preference of the City Planning and Settlement of BAC adapt the JICA (URRS) study recommendations, as well as the “Blue Print” of Aceh Spatial Planning

• Clarified that in the master plan, activities on the island will be limited government and public service activities and some minor commercial activities.

• Explained that the plan to re-establish the community’s shrimp pond and mangrove forest in Meuraxa sub-district should be done outside the Ulee Lheue Island.

• Explained the need to coordinate with related agencies (Fisheries, Agriculture and Housing) on the eastern part of the island.

September 24, ’07

Imum Tgk. Bukhori house

• Opinions of fishermen on the sub-project

• Mr. Imum Tgk. Bukhori (Head of /Imum Baiturrahim Mosque, Head of Fish Seller Organization, Informal community leader

• Mr. Dedi Lorenza (Fisherman and Fish seller)

• Explained the status of the “Panglima Laot” and fishermen groups in Meuraxa

• Confirmed support by the fishermen to the subproject • Noted interest of fishermen/fish vendors to be involved in

the subproject. • Recommended that before construction starts, land

problems should be cleared first to avoid disturbance from the local people.

• Requested that a new “boat landing” be constructed outside of lagoon, west part of TPI (Fish Auction Place)

• Indicated the need for a new fish market that is separate from the TPI. Also recommended that the fish market should be located near the road for easy accessibility.

• Explained that even in the Meuraxa sub-district, which was among the hardest hit by the tsunami, there is limited support for livelihood restoration

• Explained that the fish/shrimp ponds area in the inner lagoon have already been compensated by the regional government for recreation park development plan

Date Place Topics Participants Consultation Results • Explained that the forest re-planting program and fish

pond rehabilitation plan will be develop on eastern part of UL beach (Pantai Cermin)

September 26, ’07

Masjid Baiturrahim • Fishermen’s opinion on SP5. • Mr. Ridwan (Deputy of Ulee Lheue area Panglima Laot or Panglima Kuala Cangkui)

• Mr. Bunyamin (Head of Fisherman Group)

• Confirmed support of the fishermen to the subproject because of the business/job opportunities it can provide to them, such as construction material suppliers, boat rental, and selling of their catch

• Explained the role of Panglima Laot, the need of the nearby fishing communities for a fishing boat landing, and the activities of the fishermen in the area.

October 03, ’07 Tourism Dinas office • Planning of Ulee Lheue

Island as a tourism spot area in Banda Aceh

• Mr. Martin Desky (Head of Tourism Dinas of NAD)

• Explained the DINAS Tourism Office awareness of the plan of the Banda Aceh City government to develop Ulee Lheue Island as a tourism area (tsunami heritage, history and water tourism), although the DINAS has not been invited to any meetings concerning the plan.

• Explained the support of the DINAS Tourism Office to such plan. However, it was also explained that the Banda Aceh Government still needs to secure the approval by the Regional Representative Board (DPRD) for it to have for the legal/quanun status.

• Explained the existence of local NGOs and Hotel owners who have an interest in promoting local culture and tourism potential of Aceh

December 14, ‘07 Ulee Lheue Village

Office Compensation for claimants of uncertified (unregistered) land

Mr. M. Jaridin (Geucik of Ulee Lheue Village) 10 claimants of uncertified lands

• Surat keterangan certifying that the APs are long term settlers (since late 1970s) on the affected plots issued by the geucik..

• APs to forward their complaint to Walikota and EMS. January 23-31, 08 Various offices (Village

Office, Camat Office, BRR, BPN-RALAS, BPN-TIPA)

Issue on uncertified land in Ulee Lheue Island.

Mr. T. Saifuddin (Secretary of Banda Aceh City Government) Mr. T. Murdani (Head of BPN office)

• Clarification on current land data and mapping • Agreed next steps on how to resolve issue on uncertified

land • Discussed position and limitations of BRR and Banda

Date Place Topics Participants Consultation Results Mr. Yasril (former Manager of BPN-RALAS) Mr. Tarmizi Yahya (Camat Meuraxa) Mr. M. Jaridin (Geucik of Ulee Lheue Village) Ms. Erna Heryani (Director, Land Administration and Mapping, BRR) Mr. Burhani (Manager, Land Administration and Mapping, BRR) Mr. Herman Sosangoebeng (Land Specialist, ETESP Housing Oversight) Mr. Bustari (Head, Local Government Division/LAC) Representative Mr. Hanafiah, Head, TIPA PIC Social Safeguard Spec.

Aceh Local Government

February 05, ‘08 Meeting Room, Walikota Office, Banda Aceh

• Actions needed to be undertaken by the Land Acquisition Committee on the concern of claimants to uncertified lands


• Members of the LAC • Representatives from BRR • EMS/PIC representatives

• LAC to do a validation of the claims. • LAC oriented on the provisions of the ETESP grant

agreement with regard to compensation for losses • BRR may need to request financing from ADB for land

acquisition

January 31-February 17, ‘08

Ulee Lheue/ Lambung/ Ulee Kareng/ Lingke/ PIC Office

• APs concerns, preferences, requests and options,

• APs (land claimants and shop owners)

• PIC Social Safeguard Spec.

• Claimants to uncertified lands to prepare the necessary supporting documents to substantiate their claim and participate in the RALAS adjudication.

• APs request for a chance to rent space in the new Ulee Lheue Port to be communicated to the authorities

• APs relocation request to be allowed to continue business adjacent to the road will be noted.

February 13, ‘08 Office of the Walikota, Banda Aceh

• Coordination meeting on SP5 and actions to be undertaken on the pending land issues related to the subproject

• Mr Mawardi, Walikota, Banda Aceh

• Mr. Bustari and other staff from Kota Banda Aceh

• Mr. Sudharsono, Satker for SP5

• Agreed on the next steps to address the issue on the uncertified lands in Ulee Lheue

• Explained the agency to help in the removal of the temporary road

• Expressed intent to plant vegetation at the easement

Date Place Topics Participants Consultation Results • Mr. Arif Nugroho., Director,

Roads and Bridges • Mr. Jalaludin, Satker for SP5 • Mr. Syauqi, PPK for SP5 • Mr. Geunter Roelke, PPC Team

Leader • Mr. Herriyanto, Deputy Team

Leader

strip

February 19, ‘08 BRR Office • Socialization of the SPPR for SP5 for various government agencies, NGOs and local leaders

• Representatives from BAPEDALDA, PLN, PDAM, Perhubungan, TELKOM, Meuraxa Subdistrict Office, BPN, PPC, PIC, other BRR units and EMS.

• Explained the updated design and plan for SP5 • Explained the status of land acquisition and proposed

action to deal with the remaining issues.

ANNEX 4

ENGLISH AND BAHASA INDONESIA VERSION OF THE LARAP PAMPHLET

FOR LOCAL DISCLOSURE

LAND ACQUISITION AND RESETTLEMENT PLAN FOR PEOPLE AFFECTED BY THE ULEE LHEUE ISLAND ROAD SUBPROJECT (SP5)

FUNDED UNDER THE

EARTHQUAKE AND TSUNAMI EMERGENCY SUPPORT PROJECT (ETESP)

I. INTRODUCTION

The Government of Indonesia (GOI), with support from the Asian Development Bank (ADB), will construct a new 1.3 km four-lane road, in line with the existing two-lane road damaged by the tsunami. The road shall consist of (i) a road embankment from the southern end of the Laguna bridge to the northeastern end of Ulee Lheue Island, transitioning to (ii) a causeway from the Ulee Lheue Island to the Ferry Terminal Island across the Laguna, separating it into an Inner and Outer Laguna, ending at the Ferry Terminal entrance gate. The subproject aims to help re-establish economic activities in the area, improve safety, enhance tourism and support the commemoration of those who perished from the tsunami of 2004. However, to do this the following impacts cannot be avoided.

Impact Number Loss of private residential/commercial land -7 registered land owners -22 claimants to unregistered

lands -2 plots with unknown claimant Loss of structures (small shops/Shop-houses) -7 structure owners Loss of livelihood - business owners (small shops) -8 persons - workers in affected shops -6 persons Loss of government-owned land -10 plots owned by 4 agencies Relocation -4 shops -3 shop-houses These impacts and the affected persons, villages and institutions were determined based on the participatory community mapping done under the RALAS (Restoration of Aceh Land Administration System) community-driven adjudication and certification process by BPN (Land Agency) and actual field measurements done by LAC, with support from the Kota of Banda Aceh.

This Land Acquisition and Resettlement Action Plan (LARAP) is prepared to replace/compensate for losses to be caused by the proposed subproject and assist those affected in restoring their pre-project standards of living. It also aims to provide venues for consulting and obtaining feedback from the affected persons and communities in general and for monitoring/evaluating the interventions done to assist affected people.

II. ENTITLEMENTS AND SPECIAL PROVISIONS

The ADB Policy requires compensation for lost assets at the current replacement value to both titled and non-title holders and rehabilitation assistance to restore lost income and livelihoods. In the Ulee Lheue Island Road Subproject (SP5), the absence of formal titles will not constitute a bar to relocation assistance and livelihood restoration.

As spelled out in the ETESP Land Acquisition and Resettlement Policy Framework and Procedural Guidelines (LARPFPG), affected persons shall be compensated and assisted based on the following (see table 1):

Table 1: Entitlement Matrix Asset Impact Category Affected People Compensation Entitlement

Titleholder Replacement value at pre-or post- tsunami rates (whichever the higher) in cash or in kind free of taxes, registration, or transfer costs.

Residential/ Commercial Land

Unregistered long term settlers (after validation/confirmation under RALAS)

Replacement value at pre-or post- tsunami rates (whichever the higher) in cash or in kind free of taxes, registration, or transfer costs.

Houses, structures, facilities

Owners of small shops (warung)/ shop-houses (ruko)

Cash at replacement cost or kind of affected items, without depreciation deductions.

Business/ employment

Temporary/ permanent loss of business, or employment

All APs including informal settlers

Cash equal to 1 year income. if the loss is permanent. Cash for the time of business interruption, if the loss is temporary For workers in the affected shops, compensation equivalent to lost wage during the transition period/business interruption.

Relocation Transport/ livelihood costs

All APs affected by relocation

Sufficient cash to cover transport costs and livelihood expenses for 1 month, to be calculated as minimum salary for 1 month For the structure-renting household, cash grant of three months rental fee at the prevailing market rate in Ulee Lheue and will be assisted in identifying alternative accommodation.

Special assistance for vulnerable households

All vulnerable APs Women-headed households, widows, orphans, disabled persons and elders without family are entitled to receive special assistance for house relocation/reconstruction and be given particular attention. During LARAP implementation, their land rights will be carefully safeguarded. Specific livelihood improvement strategies for their benefit should be studied. These may include employment in subproject activities, training and assistance in accessing micro-finance.

Various relocation options were explored concerning the shop owners affected by SP5 in general:

a. rent stall at the Banda Aceh Market – this option was mentioned during the interviews. However, no AP expressed interest in this option. On the other hand, some APs request that they be given a chance to rent a stall in the soon-to-be constructed food court at the port area. This request has been noted and will be communicated with the Transportation Authority for the Ulee Lheue Port.

b. self-relocate – move to another place of their choice in the village or adjacent

village. APs whose claim to their previously occupied plots in the Ulee Lheue Island can be confirmed under the RALAS Project, may opt to move to their respective plots. Others may also choose other available plots in Banda Aceh or elsewhere. This is the preferred option of the affected shop owners if they cannot be allowed to transfer temporarily in an open space adjacent to the construction site.

Assistance in the Restoration of Livelihood. To help affected shop owners to restore their livelihood, concrete steps will be taken to link them with the ETESP Livelihood and Micro-Finance activities through the conduct of orientation/socialization, and dissemination of information on available micro-finance support, application requirements and support modalities. These preparatory meetings will include village heads and other interested APs in order to increase the benefit of the activity.

Opportunities will also be facilitated for the Specified APs to meet with other

agencies offering programs of particular relevance to them. A meeting facilitation and data collection budget has been allocated to promote this activity. Success will be monitored by an independent team from Syiah Kuala University. The two micro-finance conduits (PT BPRS Hikmah Wakilah, and PT BPRS Baiturahman) in Banda Aceh that were assisted under the LMS Program will be tapped to extend micro finance support to the ULR Specified APs. Networking will also be done with similar initiatives from BRR and other donors. The Project Implementation Consultant (PIC) for the ETESP Roads and Bridges Sector will be the main focal point for these activities. Employment opportunities from the road construction will maximize the use of local skilled and unskilled labor in adjacent villages. Qualified APs will be given priority in hiring. To facilitate this, notice of job opportunities from the subproject will be posted at the Ulee Lheue village office and announced through the village leaders.

III. MEASUREMENT OF LOSSES

The Land Acquisition Committee under the Office of the Walikota of Banda Aceh has been formed and tasked to handle land price valuation, consultations and negotiations, with BPN (Land Agency) staff taking a central role. The Committee is supported by the geucik, camat, traditional village leaders and representatives from the affected persons. The village committee helps obtain information on recent private sales and assist in the consultation/negotiation work. The Committee also seeks advice from an independent Land Valuation Expert (assessor) who provides comparative price information for comparable land and sites. Considering that land prices in Banda Aceh have gone higher after the tsunami, the post-tsunami prices levels were used as basis. Ownership status of 24 plots have not been firmed up or resolved. Efforts will be exerted to identify/validate the owners or help resolve outstanding ownership or inheritance issues. All avenues to reach entitled owners will be pursued, including extensive data gathering by the village heads from surviving friends and relatives to provide potential claimant contact information as well as requesting these groups to use their informal networks to assist in this matter. An amount equivalent to the current valuation of these plots has been prepared and kept by BRR until end of April 2008. If ownership status of 24 plots have not been resolved on this periode, BRR shall request ADB that part of this amount be charged under the ETESP grant. This amount will be kept in a special account of the NAD Provincial Government for two years so that funds will be available to pay the legitimate land owners.

Valuation of affected structures will be doen by the BRR Satker based on actual quantities and types of materials using current market prices. Depreciation will not be applied to the value as stipulated in the LARPFPG.

IV. GRIEVANCE PROCEDURES

The Government welcomes feedback, queries and complaints related from any person who is affected by SP5 or from any concerned citizen. The following grievance procedures has been established:.

(i) Complaints/feedback can be coursed through the office of the camat/keucik;

(ii) If the issue cannot be resolved satisfactorily, the APs can appeal to the Land Acquisition Committee for assistance in the negotiation. Alternatively, the APs can approach the BRR Satker responsible for SP5.

(iii) If the AP is still not satisfied with the response, she/he will be assisted in submitting an appeal to the Office of the Walikota of Banda Aceh or BRR; and

(iv) if still unresolved, the AP may seek resolution/judgement through the appropriate court of law.

Affected persons are also encouraged to discuss their concerns or problems with

the BRR designated Grievance Focal Point for the ETESP Roads and Bridges Sector (Mr. Arif Nugroho, Planning Manager, Roads and Bridges, BRR: phone number 0811-873572).

Alternatively, affected persons and the general public can contact the ETESP Grievance Facilitation Unit at the BRR Supervisory Board (Dewan Pengawas) on concerns related to the subproject through their office at Gedung AAC Unsyiah Lt 1B-108 (phone number 0651-7551036 or 0651-7401636). At the kecamatan, affected persons can also course their grievance to the existing kecamatan and citizens’ based Grievance Committee established in Meuraxa by Transparency International Indonesia (TII) and the LSM-NGO Forum. Complainants may also visit or contact the ADB Extended Mission in Sumatera (EMS) located at Jl. Cut Nyak Dhien No. 375, Lamteumen Timur, Banda Aceh.

V. IMPLEMENTATION SCHEDULE

Completion of compensation payments and rehabilitation assistance, especially among those with unresolved land ownership claims will depend on the progress of the community driven adjudication under the BPN-RALAS Project. Coordination has been made by BRR with BPN to prioritize Ulee Lheue Island in its work program.

ETESP is scheduled to close by June 2009. Related to this, efforts must be exerted to complete most physical works by 2008. Considering that large sections of the subproject alignment have no unresolved land issues, a phased-implementation of civil works is proposed to be conducted - focusing first on the areas with no pending land issues while land ownership verification and compensation payments are undertaken in the affected sections. It is hoped that compensation payments/assistance can be provided on or before June 2008.

Internal and external resettlement monitoring for the subproject is scheduled in May 2008. Results of the monitoring will be submitted to ADB for review and will be used as basis for seeking approval for the commencement of works for the remaining

sections of the subproject. The LARAP Implementation Schedule shown in Table 2 is based on this premise.

In order to protect the interest of the APs while avoiding further delaying implementation of the subproject, civil works will be done in sections. Work in sections with no pending land/resettlement issues will be done upon approval of this land acquisition and resettlement action plan (LARAP and after an agreement with the affected persons on the timing/schedule of compensation payments and rehabilitation assistance has been reached. The compensation payments for the 7 registered land owners will be completed on or before March 2008. Compensation to the affected shop owners is targeted to be completed the following month. On the other hand, the processing of compensation payments for those with claims to unregistered lands will start only after their ownership/tenure to the affected plots have been firmed up under the RALAS Project. Further assistance on livelihood restoration and enhancement of employment benefits from the subproject will be done along with the civil works. Following is a summary of the implementation schedule for this LARAP.

Table 2: LARAP Implementation Schedule

Activity Date Responsibility Initiate and complete all land acquisition, consultation and negotiation activities.

August 2007-February 2008

BRR SP5 Satker with Kota Banda Aceh Land Acquisition Committee

Inform potential APs of land acquisition request August/September 2007 LAC members Initial identification of APs, explanation of the land acquisition plan, entitlements and grievance procedures

August/September 2007 LAC members and BRR SP5 Satker

Negotiation of compensation with APs with registered lands.

September 2007 LAC members, Land Valuation Team and BRR SP5 Satker

Processing of verification of documents of APs with registered lands

September 2007 – January 2008

LAC members – camats and geuciks

Clarification of ownership status of 25 claimants of uncertified land.

October 2007-February 2008

Kota Banda Aceh Land Acquisition Committee

Payment of APs initiated (recorded in database) December 2007 BRR and the Province provide funds to LAC. BRR disburses compensation.

Tendering Process Initiated and Completed November 2007 – February 2008

BRR SP5 Satker

Consultation with APs with claims to uncertified land to determine compensation payments and assessment of vulnerable APs

February 2008 LAC

Valuation of affected structures February 2008 BRR Satker Payments schedule for loss of structures (small shops/shop-houses) and loss of livelihood (business or small shops owners, workers in affected shops


Relocation schedule for the small shops


Actions Plan for the small shops developed [will be provided to ADB]


Local and web disclosure March 2008 BRR SP5 Satker (local) EMS (web)

Contract award of civil works March 2008 BRR SP4 Satker Civil works commissioning (starting in sections with no pending LARAP issues)

April 2008 Contractor

Payment of Titleholder APs completed (recorded in BPN formats)

December 2007-February 2008

BRR and Kota Banda Aceh allocate funds to LAC. BRR disburses

compensation. Payment of eligible claimants to uncertified land and affected shop owners

April-May 2008 BRR and Kota Banda Aceh allocate funds to LAC. BRR disburses

compensation. Submission of the LARAP Completion Report June 2008 BRR with the assistance of Project

Implementation Consultants First External Monitoring Report June 2008 Syiah Kuala University Approval of civil works for remaining road sections

July 2008 ADB EMS

Quarterly Internal and External Resettlement Monitoring and Identification of any issues affecting vulnerable groups and proposed solutions

After start of civil works until completion

Project Implementation Consultants and Independent External Monitors (Syiah

Kuala University team)

LAR Impact Evaluation October 2008 Independent External Monitors (Syiah Kuala University team)

RENCANA PEMBEBASAN TANAH DAN PERMUKIMAN KEMBALI MASYARAKAT YANG TERKENA DAMPAK SUBPROYEK JALAN ULEE

LHEUE (SP 5) DIDANAI DIBAWAH EARTHQUAKE AND TSUNAMI EMERGENCY SUPPORT

PROJECT (ETESP)

I. PENDAHULUAN

Pemerintah Republik Indonesia (RI), dengan dukungan dari Bank Pembanguna Asia (ADB), akan membangun jalan 4 lajur baru sepanjang 1,3 km, sesuai dengan jalan dua lajur yang terkena tsunami. Jalan harus terdiri dari (i) perkerasan mulai dari bagian selatan jembatan Laguna sampai ke bagian utara Ulee Lheue, berubah menjadi (ii) jalur dari Ulee Lheue ke terminal Ferry sepanjang Laguna, memisahkannya menjadi bagian dalam dan luar Lagun, berakhir di jalan masuk terminal ferry. Tujuan dari subproyek adalah untuk membantu membangun kembali kegiatan ekonomi di wilayah ini, meningkatkan keamanan, membangun pariwisata dan menjaga penghormatan untuk para korban Tsunami 2004.

Bagaimanapun, untuk melakukan hal-hal di atas, ada dampak-dampak yang tidak

dapat dihindari. Dampak Jumlah Kerugian lahan pribadi/komersial - 7 pemilik tanah bersertifikat 22 pemilik tanah tanpa setifikat 2 tanah tanpa pemilik Kehilangan bangunan - 7 pemilik bangunan Kehilangan mata pencaharian - pemilik warung - 8 orang - pekerja warung - 6 orang Kehilangan tanah Pemerintah - 10 plot dimiliki oleh 4 lembaga Relokasi - 4 warung - 3 rumah warung Dampak ini dan orang-orang yang menjadi korban, desa-desa, dan institusi-institusi

ditentukan berdasarkan pemetaan dengan partisipasi masyarakat yang telah dilakukan di bawah RALAS (Restoration of Aceh Land Administration System) dengan keputusan bersama masyarakat dan proses sertifikasi oleh BPN dan pengukuran lapangan yang dilakukan oleh Panitia Pembebasan Tanah, dengan bantuan dari kota Banda Aceh.

Rencana Pembebasan Tanah dan Permukiman Kembali (LARAP) dipersiapkan

untuk mengganti kerugian yang disebabkan oleh subproyek yang diajukan dan untuk membantu para korban mengembalikan standar kehidupan mereka seperti sebelum Tsunami. LARAP juga bertujuan untuk membangun wadah konsultasi dan mendapatkan umpan balik daripara korban dan masyarakat secara umum dan untuk mengawasi/mengevaluasi intervensi yang dilakukan untuk para korban.

II. HAK-HAK DAN KETENTUAN-KETENTUAN KHUSUS

Kebijakan ADB mempersyaratkan ganti rugi untuk aset-aset yang hilang sesuai dengan nilai penggantian yang berlaku saat ini untuk pemegang hak maupun tidak dan bantuan rehabilitasi untuk mengembalikan mata pencaharian dan pendapatan yang hilang. Dalam Subproyek Ulee lheue (SP 5), ketidakhadiran pemilik asli tidak dibenarkan menghalangi bantuan relokasi dan pengembalian mata pencaharian. Sebagaimana dijelaskan dalam ETESP LARPFG, korban dapat diberikan ganti rugi dan dibantu berdasarkan hal-hal sebagai berikut (lihat Tabel 1) :

Tabel 1: Matrix Pemegang Hak Aset Kategori

Dampak Korban Hak Ganti Rugi

Pemegang hak Harga penggantian saat sebelum atau sesudah tsunami (manapun yang lebih tinggi) dibayar tunai atau bebas dari pajak, registrasi, atau biaya transfer

Tanah Pribadi/Komersial

Masyarakat yang telah tinggal dalam jangka waktu yang lama namun tidak memiliki sertifikat (setelah validasi/konfirmasi dalam RALAS)

Harga penggantian saat sebelum atau sesudah tsunami (manapun yang lebih tinggi) dibayar tunai atau bebas dari pajak, registrasi, atau biaya transfer

Rumah, Bangunan, Fasilitas

Pemilik Warung, Ruko Tunai sesuai biaya penggantian atau objek yang terkena dampak, tanpa pengurangan depresiasi

Bisnis/Pekerjaan Kehilangan sementara/permanen dari bisnis, atau pekerjaan

Semua AP termasuk penduduk informal

Uang senilai pendapatan 1 tahun, jika kerugian bersifat permanen. Uang senilai sekali pendapatan selama interupsi bisnis, jika kerugian bersifat sementara Untuk pegawai di warung-warung, ganti rugi setara dengan kerugian upah selama masa transisi / interupsi bisnis

Relokasi Biaya transpor/ mata pencaharian

Semua AP termasuk penduduk informal

Uang yang cukup untuk menutupi biaya transportasi dan pengeluaran mata pencaharian selama 1 bulan, dikalkulasikan setara dengan gaji minimum 1 bulan Untuk KK yang mengontrak rumah, bantuan uang untuk tiga bulan biaya kontrak sesuai nilai pasar yang berlaku di Ulee Lheue dan akan dibantu dalam mencari tempat tinggal alternatif

Bantuan khusus bagi KK lemah

Semua AP lemah Kepala Keluarga wanita, janda, anak yatim, orang cacat, dan manula tanpa keluarga berhak untuk menerima bantuan khusus dalam relokasi/rekonstruksi rumah dan akan diberi perhatian khusus. Selama pelaksanaan LARAP, hak atas tanah mereka akan dijaga ketat. Strategi peningkatan taraf hidup untuk mendatangkan keuntungan akan dipelajari. Hal ini termasuk pekerjaan di kegiatan subproyek, training, dan bantuan mendapatkan micro-finance

Beberapa pilihan relokasi berkaitan dengan pemilik toko/warung di SP 5 secara

umum:

a. Kedai sewa di Pasar Banda Aceh – pilihan ini disebutkan/dijelaskan pada saat wawancara. Namun tidak ada AP yang tertarik dengan pilihan ini. Di sisi lain, beberapa AP meminta untuk diberi kesempatan menyewa kedai di food court yang akan segera dibangun di wilayah Pelabuhan. Permintaan ini telah dicatat dan akan dikomunikasikan dengan otoritas transportasi di Pelabuhan Ulee Lheue.

b. Relokasi sendiri – pindah ke tempat lain sesuai pilihan mereka di desa atau desa yang berada di dekatnya. AP yang menuntut daerah mereka di Ulee Lheue yang dibuktikan dalam proyek RALAS, dapat memilih untuk pindah ke daerah yang mereka maksud. AP lainnya juga dapat memilih daerah lain yang bisa ditempati di Banda Aceh atau daerah lainnya. Ini merupakan pilihan yang diharapkan oleh pemilik toko/warung bila mereka tidak diijinkan untuk pindah sementara ke daerah terbuka di dekat lokasi konstruksi.

Bantuan dalam Mengembalikan Mata Pencaharian. Untuk membantu pemilik toko mengembalikan mata pencahariannya, langkah nyata harus diambil yaitu menghubungkan mereka dengan kegiatan micro-finance ETESP melalui pelaksanaan orientasi/sosialisasi dan menyebarluaskan informasi mengenai bantuan micro-finance yang ada, syarat pengajuan, dan bantuan modal. Pertemuan ini terdiri dari kepala desa dan Ap lain yang tertarik dengan tujuan untuk meningkatkan keuntungan kegiatan mereka.

Kesempatan-kesempatan juga akan difasilitasi untuk AP tertentu untuk menemui

badan/lembaga lain yang menawarkan program-program yang secara khusus sesuai dengan mereka. Fasilitas pertemuan dan biaya pengumpulan data telah dialokasikan untuk mencanangkan kegiatan ini. Sukses akan dimonitor oleh tim independen dari Universitas Syiah Kuala. Dua pelaksana micro-finance (PT BPRS Hikmah Wakilah dan PT BPRS Baiturahman) di Banda Aceh yang dibantu oleh program LMS akan disediakan untuk perpanjangan bantuan micro-finance ke AP spesifik di ULR. Networking juga akan dilaksanakan dengan inisiatif yang sama dari BRR dan lembaga bantuan lainnya. Konsultan Pelaksana (PIC) dari ETESP Sektor Jalan dan Jembatan akan menjadi titik tumpu dari kegiatan ini.

Kesempatan kerja dari konstruksi jalan akan dimaksimalkan untuk penggunaan

tenaga lokal dan buruh-buruh di desa-desa terdekat. AP yang memenuhi kualifikasi akan diberikan prioritas utama untuk dipekerjakan. Untuk memfasilitasi ini, pemberitahuan lowongan kerja dari subproyek akan dipasang di kantor desa Ulee Lheue dan diumumkan melalui kepala desa.

III. PERHITUNGAN KERUGIAN

Komite Pembebasan Tanah dibawah Kantor Walikota Banda Aceh telah dibentuk dan ditugaskan untuk menangani Penaksiran Harga Tanah, Konsultasi, dan Negosiasi, dengan staf BPN yang mengambil peran utama. Komite ini dibantu oleh geucik, camat, kepala desa tradisional, dan perwakilan AP. Komite desa membantu mendapatkan informasi mengenai harga penjualan tanah pribadi saat ini dan membantu pekerjaan konsultasi/negosiasi. Komite ini juga mencari pendapat dari para Ahli Penaksir Harga Tanah independen (pelaksana) yang memberikan informasi harga pembanding untuk

tanah dan lokasi yang dapat dijadikan pembanding. Mengingat harga tanah di Banda Aceh naik setelah tsunami, harga tanah yang digunakan sebagai dasar adalah harga tanah setelah tsunami.

Status kepemilikan 24 tanah belum dapat dipecahkan. Upaya-upaya akan digunakan

untuk mengidentifikasi/memvalidasi kepemilikan atau untuk membantu memecahkan permasalahan kepemilikan dan pewarisnya yang belum dapat diselesaikan. Semua kemungkinan untuk menemui pemilik tanah akan dijalankan, termasuk pengumpulan data yang lebih luas oleh kepala desa melalui teman-teman dan saudara-saudara yang masih hidup guna membuat informasi kontak dari pemilik potensial dan juga meminta kepada grup ini untuk menggunakan jaringan informal mereka untuk membantu permasalahn ini. Sejumlah uang yang setara dengan nilai taksir saat ini telah disiapkan dan disimpan oleh BRR hingga akhir April 2008 Jika status kepemilikan dari 24 tanah belum dapat dipecahkan sampai akhir periode tersebut, BRR akan minta bantuan ADB sejumlah uang tersebut untuk cadangan dan menjadi bagian dari bantuan hibah ETESP. Uang tersebut akan disimpan pada rekening khusus Pemerintah Propinsi NAD selama 2 tahun sehingga dana dapat digunakan untuk membayar pemilik tanah yang sah.

IV. PROSEDUR PENGADUAN

Pemerintah menerima umpan balik, pertanyaan, dan keluhan yang berkaitan

dengan setiap orang yang terkena dampak SP 5 atau dari warga negara yang memiliki kekhawatiran. Berikut adalah prosedur pengaduan yang ditetapkan:

(i) Keluhan/Umpan balik dapat diajukan melalui kantor camat atau geucik; (ii) Jika permasalahan tidak dapat diselesaikan dengan memuaskan, AP dapat

meminta Komite Pembebasan Tanah untuk membantu negosiasi. Alternatifnya, AP dapat melakukan pendekatan ke Satker BRR yang bertanggung jawab dengan SP 5.

(iii) Apabila AP masih belum puas dengan tangapan ini, mereka akan dibantu dalam mengajukan permohonan ke Kantor Walikota Banda Aceh atau BRR; dan

(iv) Apabila masih tidak dapat diselesaikan, AP boleh mencari penyelesaian/keputusan melalui Pengadilan setempat.

AP juga didukung untuk mendiskusikan permasalahan atau kekhawatiran mereka kepada Tempat Pengaduan BRR untuk ETESP Sektor Jalan dan Jembatan (Bpk. Arif Nugroho, Manager Perencanaan, Jalan dan Jembatan, BRR: nomor telepon 0811-873572).

Di sisi lain, AP dan masyarakat umum dapat menghubungi Unit Fasilitasi Pengaduan

di Dewan Pengawas BRR mengenai permasalahn yang berkaitan dengan subproyek melalui kantor mereka di Gedung AAC Unsyiah Lt 1B-108 (nomor telepon 0651-755 1036 atau 0651-740 1636). Pada tingkat kecamatan, AP dapat juga mengajukan keluhan mereka ke kecamatan yang ada dan Komite Pengaduan masyarakat yang didirikan di Meuraxa oleh Transparency International Indonesia (TII) dan Forum LSM-NGO. Masyarakat yang mengajukan keluhannya dapat juga mendatangi atau menghubungi ADB Extended Mission in Sumatera (EMS) yang berlokasi di Jl. Cut Nyak Dhien No. 375, Lamteumen Timur, Banda Aceh.

V. JADWAL PELAKSANAAN

Penyelesaian pembayaran ganti rugi dan bantuan rehabilitasi, khususnya diantara

mereka yang klaim kepemilikan tanahnya belum terselesaikan akan bergantung pada keputusan Proyek BPN-RALAS. Koordinasi telah dilakukan oleh BRR dengan BPN untuk memprioritaskan Ulee Lheue dalam program kerjanya.

ETESP dijadwalkan tutup pada Juni 2009. Berkaitan dengan ini, berbagai upaya

harus dilakukan untuk menyelesaikan pekerjaan fisik utama pada tahun 2008. Mengingat besarnya bagian-bagian dari alinyemen subproyek yang belum terselesaikan permasalahan tanahnya, fase pelaksanaan pekerjaan sipil diajukan untuk dilaksanakan – difokuskan pertama kali pada wilayah-wilayah yang tidak memiliki permasalahan tanah sementara verifikasi kepemilikan tanah dan pembayaran kompensasi dilaksanakan dibagian lainnya. Diharapkan pembayaran kompensasi/bantuan dapat diselesaikan pada atau sebelum Juni 2008.

Pengawasan internal dan eksternal dari permukiman kembali untuk subproyek

dijadwalkan pada Mei 2008. Hasil dari pengawasan akan diajukan ke ADB untuk dikaji ulang dana akan digunakan sebagai dasar persetujuan dari awal pekerjaan pada bagian-bagian yang tersisa dalam subproyek. Jadwal Pelaksanaan LARAP dapat dilihat pada Tabel 2 berdasarkan asumsi.

Tabel 2: Jadwal Pelaksanaan LARAP

Kegiatan Tanggal Penanggung Jawab

Memulai dan menyelesaikan seluruh kegiatan pembebasan tanah, konsultansi, dan negosiasi

Agustus 2007 – Februari 2008 Satker BRR SP5 dengan Komite Pembebasan Tanah Kota Banda Aceh

Menginformasikan AP potensial mengenai permintaan pembebasan tanah

Agustus/September 2007 Anggota Komite Pembebasan Tanah (LAC)

Identifikasi awal AP, penjelasan rencana pembebasan tanah, hak, dan prosedur pengaduan

Agustus/September 2007 Anggota LAC dan Satker BRR SP5

Negosiasi ganti rugi dengan AP bersertifikat September 2007 Anggota LAC, Tim Penaksir Tanah, dan Satker BRR SP5

Proses verifikasi dokumen AP bersertifikat September 2007-Januari 2008 Anggota LAC – camat dan geucik Klarifikasi status kepemilikan dari 25 AP tanpa sertifikat

Oktober 2007-Februari 2008 Komite Pembebasan Tanah Kota Banda Aceh

Dimulainya pembayaran kepada AP (dicatat dalam database)

Desember 2007 BRR dan Propinsi memberikan dana kepada LAC. BRR membayar ganti rugi.

Dimulainya proses tender dan penyelesaiannya November 2007-Februari 2008 Satker BRR SP5 Konsultansi dengan AP yang menuntut tanah tanpa sertifikat untuk menentukan pembayaran ganti rugi dan bantuan kepada AP yang lemah

Februari 2008 LAC

Penilaian terhadap bangunan yang terkena dampak Februari 2008 BRR Kehilangan bangunan (warung dan rumah warung) dan kehilangan mata pencaharian(pemilik warung, pekerja warung)


Jadwal relokasi warung dan rumah warung


Pengembangan Rencana Kegiatan untuk pemilik warung [akan diserahkan ke ADB]


Publikasi lokal dan website Maret 2008 Satker BRR SP5 (lokal) EMS (web)

Penandatanganan kontak pekerjaan sipil Maret 2008 Satker BRR SP4 Pekerjaan Sipil dimulai sesuai fase dimulai dari bagian yang tidak memiliki permasalahan LARAP)

April 2008 Kontraktor

Penyelesaian pembayaran kepada AP yang memegang hak (dicatat dalam format BPN)

Desember 2007-Februari 2008 BRR dan Kota Banda Aceh mengalokasikan dana kepada LAC.

BRR membayar ganti rugi. Pengajuan Laporan Penyelesaian LARAP Juni 2008 BRR dengan bantuan dari Konsultan

Pelaksana Proyek (PIC) Laporan Pengawasan Eksternal Pertama Juni 2008 Universitas Syiah Kuala Penyetujuan pekerjaan sipil pada bagian jalan yang tersisa

Juli 2008 ADB EMS

Setiap tiga bulan sekali, Pengawasan Eksternal dan Internal permukiman kembali dan identifikasi pada setiap permasalahan yang merugikan kelompok-kelopmpok lemah dan pemecahan yang disarankan

Setelah dimulainya pekerjaan sipil sampai penyelesaian

PIC dan Pengawas Eksternal Independen (tim Universitas Syiah

Kuala)

Evaluasi Dampak Pembebasan Tanah dan Permukiman Kembali (LAR

Oktober 2008 Pengawas Eksternal Independen (tim Universitas Syiah Kuala)

Dalam rangka melindungi kepentingan AP saat berusaha menghindari tertundanya

kembali pelaksanaan subproyek, pekerjaan sipil akan dilaksanakan dalam beberapa bagian. Pekerjaan pada bagian yang tidak memiliki permasalahan tanah/permukiman kembali akan dilaksanakan diatas persetujuan rencana pembebasan tanah dan permukiman kembali (LARAP) dan setelah persetujuan dengan para korban pada saat/jadwal pembayaran ganti rugi dan bantuan rehabilitasi telah tercapai. Pembayaran kompensasi untuk 7 lahan yang bersertifikat akan diselesaikan pada atau sebelum Maret 2008. Ganti rugi untuk pemilik warung/toko ditargetkan selesai pada bulan berikutnya. Di sisi lain, proses pembayaran ganti rugi kepada mereka yang memiliki tanah tak bersertifikat akan dimulai hanya setelah kepemilikan/hak mereka atas tanah tersebut telah ditetapkan dalam Proyek RALAS. Bantuan selanjutnya berkaitan dengan pengembalian mata pencaharian dan peningkatan keuntungan pekerjaan dari subproyek akan dilaksanakan bersamaan dengan pekerjaan sipil.

subproject no. 5: ulee lheue island road land acquisition ......adb – ta – grant no. 002 – ino...

Documents