SFG2927 Resettlement Policy Framework (RPF) RMI: Pacific Resilience Project (PREP) Phase 2 FINAL January 2017 Prepared by Secretariat for the Pacific Community (SPC) for the World Bank and the Government of the Republic of the Marshall Islands RMI PREP Phase 2 - Resettlement Policy Framework ACRONYMS and ABBREVIATIONS AP Affected Persons CERC Contingency Emergency Response Component CESMP Contractors Environmental and Social Management Plan CMAC Coastal Management and Advisory Committee CPS Country Partnership Strategy CVA Coastal Vulnerability Assessment DIDA Division of International Development Assistance DP Displaced Persons DRM Disaster Risk Management EA Environmental Assessment EPA Environmental Protection Agency ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FM Financial Management GCF Green Climate Fund GRM Grievance Redress Mechanism IDA International Development Association JNAP Joint National Action Plan KADA Kwajalein Atoll Development Authority KALGOV Kwajalein Atoll Local Government LAARF Land Access, Acquisition and Resettlement Framework M&E Monitoring and Evaluation MoF Ministry of Finance MPW Ministry of Public Works NDC National Disaster Committee NDMO National Disaster Management Office NEOC National Emergency Operations Centre NSC National Steering Committee OEPPC Office of Environmental Planning and Policy Coordination PAD Project Appraisal Document PCR Physical Cultural Resources PCRAFI Pacific Catastrophe Risk Assessment and Financing Initiative PIC Pacific Island Countries PPA Project Preparation Agreement PPSD Project Procurement Strategy for Development PREP Pacific Resilience Program PSU Program Support Unit RC Regional Coordinator RCU Regional Coordination Unit Page 2 RMI PREP Phase 2 - Resettlement Policy Framework RMI Republic of the Marshall Islands RPF Resettlement Policy Framework RSC Regional Steering Committee SIDS Small Island Developing States SPC The Pacific Community SPREP Pacific Regional Environment Program TA Technical Assistance TOR Terms of Reference TT Task Team UN United Nations USAID United States Agency for International Development WB World Bank WMO World Meteorological Organization Page 3 RMI PREP Phase 2 - Resettlement Policy Framework Table of Contents No. Section Title Page No. Executive Summary 5 1 Introduction 7 2 Principles and Objectives covering Land Access and 14 Acquisition Preparation and Resettlement 3 Land Acquisition & Resettlement for Project Activities 15 4 Estimated Population Displaced and Likely Category of 16 Displaced People 5 Legal Framework 24 6 Methods of Valuing Assets 31 7 Organizational Procedures for RAP/A-RAP 32 Implementation 8 Implementation Process 34 9 Grievance Redress Mechanism 36 10 Resettlement Budget and Financial Arrangements 38 11 Mechanism for Consultations with Participation of 38 Displaced People 12 Capacity Building 40 13 Arrangements for Monitoring and Reporting 41 Annex 1 References 43 Annex 2 Voluntary Resettlement Arrangements 44 Annex 3 Terms of Reference for Resettlement Specialist for RAP 46 or Abbreviated RAP Annex 4 Outline of Abbreviated RAP 48 Annex 5 ESMF and RPF Stakeholder Consultations Report 49 Annex 6 External Monitoring Indicators 56 Annex 7 Draft Terms of Reference for External Monitoring Agency 58 (EMA) List of Figures Figure 1 Map of RMI showing Kwajalein in relations to Majuro 7 Figure 2 Bird’s Eye View of Ebeye Islet 8 Figure 3 Flow Chart of Project level Grievance Redress 37 Mechanism List of Tables Table 1 Project components 8 Table 2 Groups of Displaced People and Corresponding 17 Entitlements Table 3 Gap Analysis Between WB Safeguards Policies and RMI 29 Safeguards Laws and Regulations Table 4 Institutions involved in Resettlement Implementation Table 5 Grievance Redress Mechanism 20 Table 6 Matrix to Guide Consultations for RAP and A/RAP 23 Page 4 RMI PREP Phase 2 - Resettlement Policy Framework EXECUTIVE SUMMARY Project Scope This Resettlement Policy Framework applies to PREP Phase 2, Component 1 Institutional Strengthening, early warning and preparedness, Component 2 – Strengthening coastal resilience and Component 3 – Contingency Emergency Response. Component 1 has two sub-components: (i) institutional strengthening, early warning, and modernization of the NDMO’s facilities (which will be implemented by RMI); and (ii) impact forecasting, NDMO capacity building, and post disaster needs assessment (which will be implemented by the Pacific Community). Potential activities include modernizing NDMO facilities, upgrading of communication equipment at the NDMO Center, installation of telecommunication infrastructure in Majuro and outer islands Component 2’s objective is strengthening coastal planning, increasing understanding of current and future risks, help the government to prioritize future investments, and deliver targeted coastal protection investments. Coastal protection investments, focusing on Ebeye, will be implemented by the Government of RMI. Component 3 will strengthen emergency preparedness and immediate response capacity of RMI for low and medium scale disasters. It will be triggered following the declaration of a national disaster and will complement the insurance mechanism under Phase 1. Ebeye is a densely populated urban community that serves as the commercial and governmental center of the Ralik Chain of the Republic of the Marshall Islands (RMI). The 2011 RMI Census recorded 1,103 households on Ebeye with a total population of 9,614 people, for an average household size of 8.7 persons. Studies undertaken as part of project preparation (Deltares) indicate that coastal protection is most needed for Ebeye’s ocean- side where the risk of flooding and inundation to coastal hazards is highest. Generally, the preferred method of protection is hard engineering solutions such as revetments, seawalls etc.. Scope of the Land Access, Acquisition and Resettlement Component 1 may involve acquisition of small areas of land for siting transmission poles and similar telecommunication structures. It will involve voluntary land acquisition with private and traditional landowners, where existing easements are unsuitable. For Component 2, land along the shoreline extending into the intertidal zone and reef flat will be occupied. Existing easements set aside under the Master Lease between the Landowners of Kwajalein and the Kwajalein Atolls Development Authority (KADA) will be used for land access and occupation. Where new easements are required, the Master Lease allows KADA to designate new easements for public purposes, with the prior consent of the landowners. Land will also be required temporarily during project construction under Component 2 for contractors use, for staging areas for operations. Small areas of land will also be Page 5 RMI PREP Phase 2 - Resettlement Policy Framework temporarily occupied, as necessary, for access to working sites possibly from the main road. The level of specific impact and the exact number of people directly affected will not be known until detailed planning is carried out but both are expected to be minimal. There are utility providers which facilities such as outflow pipes on the shoreline are likely to be in the way of the proposed coastal protection structures. Some households ’ front and backyards may also be taken up temporarily to provide access to working sites, in some locations. For planning purposes, the worst-case scenario is some households being relocated temporarily, and a limited number of assets such as hedges, fences and possibly a few houses will be damaged. A figure of 30 directly affected people is estimated. This is the expected scope of this Resettlement Policy Framework (RPF). In terms of RFP implementation, MPW ’s Project Management Unit (PMU) will be responsible for the day-to-day safeguards requirements, while MOF/DIDA will have overall coordination and oversight. Both Implementing Agencies do not have safeguards expertise and will be each strengthened accordingly with the engagement of safeguards TA’s. Internal monitoring and reporting will involve both MPW and MOF/DIDA at different levels. An External Monitoring Agency (EMA) will also be engaged by MPW to ensure independent oversight of RFP implementation. Page 6 RMI PREP Phase 2 - Resettlement Policy Framework 1. INTRODUCTION 1. The Pacific Regional Resilience Project (PREP) Phase 2 is designed to improve the resilience and sustainable economic and social development of RMI especially of people living in coastal areas vulnerable to coastal hazards of erosion, wave surges, king tides and climate change related events including sea level rise. 2. This document was prepared by the Pacific Community (SPC) to address the due diligence requirements of the World Bank’s Safeguards Policy OP/BP 4.12 Involuntary Resettlement. OP/BP 4.12 requires the preparation of a Resettlement Policy Framework (RPF) to guide the preparation of detailed resettlement plans for subprojects which are not yet identified. Detailed resettlement planning for those subprojects assessed to require them will be prepared during project implementation using this Framework. 3. OP/BP 4.12 is triggered because in the process of acquiring land for coastal protection works people occupying the land may be affected by temporary or permanent loss of assets or livelihoods in an involuntary manner. 1.1 Background Information 4. The PREP Phase 2 Component 1 and 3 will be implemented nationally, including outer atolls of RMI. Component 2 targets Ebeye Islet, which sits at the south-eastern end of Kwajalein Atoll in the Republic of Marshall Islands (RMI), roughly midway between Australia and Hawaii in the western Pacific Ocean (Figure 1). Component 2 may be extended to Majuro in the later stages of the project, depending on the availability of budget. Figure 1: Map of RMI showing Kwajalein relative to Majuro Page 7 RMI PREP Phase 2 - Resettlement Policy Framework 5. Majuro has a total land area of 9.71 km 2 and a 2011 population of 27,797 which is 52 percent of the total population of RMI. The atoll comprises 64 islets on an elliptically shaped reef 40km long and a total land area of about 9.7 km 2. It is the political and commercial centre of RMI and, with Ebeye, one of two main population centres. The atoll’s main settlement, which is situated on three islands connected by landfills—Dalap, Uliga, and Darrit—has port facilities and an airport. 6. Ebeye is a small, low-lying coral islet with a land area of about 40 hectares (100 acres) and a maximum elevation of about 3 meters (10 feet) above mean sea level. I t is a densely populated urban community that serves as the commercial and governmental center of the Ralik Chain of the Marshall Islands. The 2011 Census recorded 1,103 households with 9,614 people on Ebeye with an average household size of 8.7 persons. Its high population density is largely due to the advantages it offers as a ready source of employees for well-paying jobs at the nearby US base on Kwajalein. The great majority of those Marshallese workers live on Ebeye and commute daily to the base, but some live semi-permanently on the base and visit their family and friends on Ebeye. Figure 2: Bird’s eyeview of Ebeye Islet, 1.2 Project Components 7. The Project will comprise a combination of nationally implemented activities and technical assistance implemented by SPC, as described in the matrix below. Table 1: Project Components Nationally Implemented Technical Assistance Activities Implemented by the Pacific Community Component 1:  Integrate governance of  Impact forecasting and Institutional disaster and climate change system integration Page 8 RMI PREP Phase 2 - Resettlement Policy Framework strengthening, management, and  Institutional strengthening early warning institutional strengthening of of the NDMO and disaster and the NDC, NC3, and working management capacity preparedness groups  Post Disaster Needs  improve early warning Assessments communication systems for outer islands  Develop a roadmap and implement priority improvements to modernize the NDMO’s facilities Component 2:  Priority coastal protection  Improve and expand the Strengthening works investments, including coastal vulnerability coastal resilience investigations, design, and assessment for Majuro and construction supervision Ebeye to support the Coastal Management Framework and National Infrastructure Management Plan  Investigate sustainable sources of aggregates in Majuro and Kwajalein atolls Component 3: Contingency Emergency N/a Contingency Response Component (CERC) Emergency Response Component 4: Project management for all Support from the regional Project and nationally implemented PREP: Program activities, and oversight of  Program Support Unit management the Pacific Communities’s (housed in SPC) to provide activities operational TA, M&E, procurement, and financial management support  Regional Coordination Unit (PIFS) to provide high level strategic vision and support Component 1: Institutional strengthening, early warning and preparedness 8. This component will strengthen the effectiveness of the RMI institutions responsible for climate and disaster resilience, and disaster early warning and preparedness, and will support the implementation of the JNAP. Component 1 has two sub-components: (i) institutional strengthening, early warning, and modernization of the NDMO’s facilities (which will be implemented by RMI); and (ii) impact forecasting, NDMO capacity building, and post disaster needs assessment (which will be implemented by Page 9 RMI PREP Phase 2 - Resettlement Policy Framework the Pacific Community). The government-led activities will include: (a) supporting the government to integrate climate change adaptation with disaster risk management, as planned under the JNAP, and to operationalize working groups at central and local government levels; (b) support better multi-hazard early warning, prepare a systems and technology roadmap for outer island communications, and upgrade communications systems in remote locations and train people to use them; and (c) develop a roadmap and implement priority improvements to modernize the NDMO’s facilities. The Pacific Community-led activities will include: (a) improving impact forecasting and disaster response; (b) institutional strengthening of the NDMO and its preparedness for response to disasters; and (c) provision for post disaster need assessment. Component 2: Strengthening coastal resilience 9. This component will strengthen coastal planning, increase understanding of current and future risks, help the government to prioritize future investments, and deliver targeted coastal protection investments. Component 2 is divided into two sub- components: (i) coastal protection investments (which will be implemented by RMI); and (ii) strengthen integrated coastal risk management (which will be implemented by SPC). 10. Coastal protection works will strengthen resilience in Ebeye and, potentially, “hot - spots� in Majuro subject to further analysis and available funding. A constructability and aggregate source review for priority coastal works, and environmental and social safeguard risk screening and scoping, will be carried out as part of the preparation activities. Final project selection and detailed design will be carried out for the coastal protection works during project implementation. As there are no current sustainable or environmentally acceptable aggregate sources in the Kwajalein atoll, it has been assumed that all aggregates will be imported. However, sustainable sources of aggregates in the Majuro and Kwajalein atolls, as well as methods of extraction, and commercial distribution to wholesale and retail markets, will be investigated. Also under this component, the coastal vulnerability assessment (CVA), started by Deltares as a preparation activity, will be improved and expanded to include Majuro. The expanded CVA will support long-term planning for coastal resilience within RMI using risk-based flooding and impact maps that may be used for future land use, infrastructure, and disaster preparedness planning. This work will support existing government plans, strategies, and frameworks such as the National Infrastructure Plan and the Coastal Management Framework. Component 3: Contingency Emergency Response 11. This component will strengthen the emergency preparedness and immediate response capacity of RMI for low- and medium-scale disasters. The Contingency Emergency Response Component (CERC) would be triggered following the declaration of a national disaster and will complement the PCRAFI disaster insurance mechanism financed under PREP Phase I. 12. The CERC will be funded under the project budget. Following triggering of pre- agreed disbursement conditions (e.g. the declaration of a national disaster), the CERC would be implemented in accordance with the rapid response procedures governed by Page 10 RMI PREP Phase 2 - Resettlement Policy Framework the World Bank OP/BP 8.0 Rapid Response to Crises and Emergencies. The disbursement condition will define the circumstances under which the CERC would become available. The specific details of the proposed implementation arrangements and procedures governing the use of the CERC funds will be detailed in a standalone CERC annex within the Project Operations Manual (POM). Further CERC funds might be reassigned from another component of the project if necessary after an event. If the CERC is not triggered, the funds may be deployed elsewhere in the project. Component 4: Project management 13. This component will strengthen the Government’s capacity for project management, coordination, monitoring, evaluation, and reporting. It will provide support for procurement, financial management, contract and project management, and oversight of social and environmental safeguards. It will also provide fiduciary and implementation support from the regional Program Support Unit (PSU) which was established under PREP Phase I. The PSU is housed in SPC. 1.3. Typology of potential subprojects 14. The focus of Components 1 and 3 on disaster preparedness and emergency response would be served by the following types of subproject to improve outer island communication – i. HF/VHF radio transmission stations, linking outer atolls and emergency centres; ii. Repeater sites for VHF radio networks, possibly one in each of the targeted outer atolls; these are integral parts of telecommunication infrastructure; and iii. AM/FM radio stations, - atolls such as Ebeye do not a radio station and would benefit significantly from one, for the effective dissemination of climate related information, disaster warnings and for coordinating response efforts; iv. Construction of safe havens/emergency shelters in outer atolls where existing buildings are unsuitable. 15. For Component 2, coastal protection measures are grouped into the hard engineering solutions and the soft environmental friendly options. The different types of hard engineering solutions are described below – i. Seawalls – these are self-supporting structures that are built parallel to the shoreline. A properly built seawall will protect the land and property behind it. Seawalls require on-going maintenance. ii. Revetments – these are sloping structures that are supported by sand and gravel and built parallel to the shore. Revetments are generally constructed by piling large rocks or gabion baskets to form sloping armor on the shoreline. A properly built revetment will stop wave energy, but no necessarily inundation. Revetments require on-going maintenance. Page 11 RMI PREP Phase 2 - Resettlement Policy Framework iii. Groynes – Groynes extend seaward from the shore and trap sediments that is being transported along the shore. A properly built groyne or series of groynes will trap sediments to increase beach volume, forming an effective buffer against wave energy. Groynes are best suited to sandy shorelines where one alongshore drift direction dominates. iv. Breakwaters – These are offshore structures designed to dissipate or prevent wave energy from reaching the shoreline. When built in the right location, a breakwater can form a bulge in the shoreline. Shoreline protection is given by dissipating wave energy offshore and increasing beach volume. Breakwaters may change nearshore processes and cause erosion elsewhere. 16. Soft environmental friendly options typically involves, sand replenishment; coastal re- vegetation, erosion control matting, contour wattling and similar erosion control methods. 17. Mix of hard and soft solutions include the following – i. Vegetated rip-rap – This is a combination of live stalking and rip-rap. The rip- rap prevents wave action from eroding the shore while the roots of the plants bind the earth below. The plants cover the rocks, providing shade for fish and wildlife and eventually making for a very nice spot to fish. Properly managed, this option provides a more natural shoreline look. ii. Vegetated Gabion mattress - A gabion mattress is an elongated, mattress shaped cage filled with rocks. Vegetated gabion mattresses involved branches or cuttings inserted through rocks in the cage. This works best in moderate slopes to resist wave action and surface erosion. However, it is a more costly option compared to the vegetated rip-rap method. 1.4 Benefits and beneficiaries 18. While the resettlement impacts discussed above focused on the adverse and negative, the Project is also expected to generate significant positive and beneficial impacts for the population of RMI under Components 1 and 3, and of Ebeye under Component 2.. The overall beneficiaries are the people of the Marshall Islands, whose preparedness for and resilience against natural events such as cyclones, floods, droughts etc will be enhanced by early warning and response systems that will be improved, and the capacity of national agencies and local governments and outer islands organizations that will be strengthened. This include personnel in NDMO, Red Cross and others that will receive training and mentoring, better equipment and up-to-date information and networking arrangements. Local people including outer island communities are expected to benefit from improved access to clear and up-to-date information, a better understanding of protocols for communication in the event of an emergency, including early warning communications, and regular and timely weather information. Page 12 RMI PREP Phase 2 - Resettlement Policy Framework 19. Ebeye’s population will directly benefit from the coastal protection works under Component 2, which are designed to reduce their risk to flooding, overtopping and inundation during wave surges, cyclones, strong winds, tsunamis and other coastal hazards. Traditional land owners will also benefit in the immediate and long term from the increased value of lands when they are better protected, which will ensure their continued habitability. 1.5 Scope of land access and acquisition required 20. The extent of land acquisition required will not be fully known until the eligible subprojects are finalized and detailed designs are prepared. Likewise will be the extent of their resettlement impacts. This applies to Components 1, 2 and 3. 21. Land access and occupation rights for all structures and all types of coastal protection works will be negotiated voluntarily with custom land owners and / or with government agencies on government-leased land. This is the same process for land required permanently or temporarily. In the case of Components 1 and 3, sites for communication posts and similar facilities will be small pockets of land, usually no more than 100m2, that will be fenced off properly for security. If the NDMO facility is upgraded or demolished and rebuilt, it will be on existing footprint therefore requiring no land acquisition. 22. For Component 2, land will be taken permanently and will be physically modified by the planned coastal protection investments. The directly affected areas include the shore, foreshore including intertidal zone, and possibly part of the reef flat on the oceanside of Ebeye (and possibly also Majuro). In preparation for and during construction, land for contractors’ staging areas will be required. Direct access for heavy machinery and vehicles transporting construction material and personnel from the main road to working sites, will affect some household’s front and or back yards, albeit temporarily. These impacts will be considered and addressed. 23. Land access on Ebeye for public infrastructure and utilities is provided in easements already defined and agreed to in the Master Lease between the Traditional Landowners of Kwajalein and the Kwajalein Atoll Development Agency (KADA) on behalf of the Government. Where new public infrastructure requires new easements, the Master Lease authorises KADA to identify new areas, but with the prior approval of the landowners. According to the Master Lease, this consent will not be unreasonably withheld, if the new easements are for developments in the best interest of the public. 24. There will be no involuntary land acquisition for the RMI PREP project, even though there are laws enabling the GoRMI to do so. It is against all cultural norms as landowners have great respect, power and influence. 25. Consequently, the overall scope of land acquisition and resettlement required is – Page 13 RMI PREP Phase 2 - Resettlement Policy Framework 1. Voluntary access to, and permanent use of, land for project facilities, structures and other coastal protection features under Component 1, 2 and 3. 2.. Voluntary access to, and temporary use of, land for Contractor’s use during project implementation; 3. Ad hoc, site specific, involuntary resettlement impacts on affected land occupiers and users, including possible temporary or permanent relocation, loss of assets, and livelihood impacts, including access to communal resources such as the beach and lagoon. 26. This RPF addresses the involuntary resettlement requirements of potential subprojects in Components 1, 2 and 3. Component 2 is expected to be the most involved in terms of OP/BP 4.12 because of the emphasis on coastal protection investments and the greater likelihood of generating a higher level of adverse resettlement impacts. 2. Principles and Objectives Governing Land Access Preparation and Resettlement 27. The overriding principles governing the preparation and implementation of the RPF and any resettlement action plans deemed required and based on it are – a. All land acquisition (temporary or permanent) will be voluntary and will be documented via leases or similar. b. To avoid or minimize involuntary resettlement and, where this is not feasible, to assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or levels prevailing prior to the beginning of project implementation, whichever is higher. c. To consult and inform project affected persons, host communities and local governmental organizations as appropriate, and provide them with opportunities to participate in the planning, implementation, and monitoring of the resettlement program including the process of developing and implementing the procedures for determining eligibility for compensation benefits and development assistance, and for establishing appropriate and accessible grievance mechanisms. d. To inform displaced persons of their rights, consult them on options, and provide them with technically and economically feasible resettlement alternatives and needed assistance. e. To give preference to land based resettlement strategies for displaced persons whose livelihoods are land based. Page 14 RMI PREP Phase 2 - Resettlement Policy Framework f. For those without legal rights to lands or claims to such land that could be recognized under the laws of RMI, provide resettlement assistance in lieu of compensation for land to help improve or at least restore their livelihoods. g. To disclose draft resettlement plans, including documentation of the consultation process, in a timely manner, before appraisal formally begins, in an accessible place and in a form and language that are understandable to key stakeholders. h. To implement all relevant resettlement plans before project completion and provide resettlement entitlements before displacement or restriction of access. i. To assess whether the objectives of the resettlement instrument have been achieved, upon completion of the project, taking account of the baseline conditions and the results of resettlement monitoring. 3. Land Acquisition and Resettlement for Project Activities 28. Land acquisition for project activities is voluntary and will not generate any involuntary resettlement impacts for land owners and occuppiers. Details of voluntary arrangements are described in Annex 2. 29. Having said so, a worst-case scenario of a few informal and / or formal tenants or land users losing assets, and / or requiring temporary or permanent relocation during construction is planned for. OP/BP 4.12 requires that where the impacts on the entire displaced population are minor, or fewer than 200 people are displaced, an abbreviated resettlement plan A/RAP) may be prepared. Otherwise, a RAP is prepared. This is discussed and described in the following section. 3.1 Resettlement Plans and Abbreviated Resettlement Plans (A/RAP) 30. The screening and assessment of social impacts in the ESIA will determine the severity of resettlement impacts and will recommend if an RAP or A/RAP is required. For Components 1 and 3, no A/RAPs are expected. 31. For all project activities or subprojects, MPW will be responsible for the preparation of any A/RAP required, and for its implementation including the payment of financial and other entitlements to confirmed beneficiaries. 32. Annex 4 provides an A/RAP outline to guide preparation. The proposed budget in Section M of the ESMF also includes financial provisions for any compensation or remedial actions required. Once an A/RAP is prepared, it will be reviewed and approved by the Bank. Implementation of the A/RAP including the payment of all entitlements needs to be completed before a Bank NOL to go ahead with construction works is requested. Page 15 RMI PREP Phase 2 - Resettlement Policy Framework 4. Estimated population affected/displaced, likely categories of displaced people and criteria for eligibility for benefits 4.1 Estimate of affected population 33. For Component 1 and 3, the selection of locations for telecommunication posts and similar structures/facilities (including any emergency response land uses) will make sure direct impact on homes and assets are avoided. 34. For Component 2, based on preliminary investigations and site assessment, as well as the nature and location of the activities that will be funded, it is possible that physical and economic displacement could be avoided. Because the final works have not yet been decided, the RPF plans for a worst case scenario where some direct impacts may occur where land occupiers may lose assets and / or require temporary or permanent relocation. An estimate of no more than 30 people is given. The estimated affected people are likely to be legal occupiers and Marshallese. 4.2 Likely categories of project affected/displaced people. a. Group 1 Legal occupants 35. These are households whose lands will be affected by permanent land occupation by structures, by earthworks, or by temporary land use for access to working sites. Some houses or other assets (fences) may be damaged or removed, and or households may have to temporarily vacate their homes and be relocated to avoid project impacts during construction. Some households may be permanently relocated. Group 2 – Occupants with no recognizable legal rights or claim to the land they occupy and informal occupiers of land 36. Some households and people occupy land without any formal lease arrangements but the verbal consent of the Traditional Landowners. Households / people may be affected by permanent land occupation by structures, by earthworks, or by temporary land use for access to working sites. Some houses or other assets (fences) may be damaged or removed, and or households may have to temporarily vacate their homes and be relocated to avoid project impacts during construction. Some households may be permanently relocated. Group 3 – Non-occupiers, but economically displaced 37. There are no foreseeable economically displaced people because there is no economic activity connected to the land or foreshore in Ebeye. However in the event that RAP/ARAP discover people who are earning a livelihood from resources in the project footprint, or operating businesses such as coffee stands or shops, and their livelihood is affected by the project, then these people will be considered affected parties. Page 16 RMI PREP Phase 2 - Resettlement Policy Framework 4.3 Criteria for Eligibility for Benefits and Entitlement matrix 38. The following criteria apply when determining eligibility of displaced/affected people for resettlement benefits. Displaced/affected people may be categorized into one of the following three groups: (a) Those who have formal rights to land (including customary and traditional rights recognized under the laws of the country); (b) Those who do not have formal rights to land at the time the census begins but have a claim to such lands or assets – provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and (c) Those who have no recognizable legal right or claim to the land they are occupying. 39. The entitlements for the various categories are set out in the matrix below – Table 2: Entitlement Matrix Type of losses Entitled Persons Entitlements Implementation Issues Permanent loss of Persons with For marginal loss of productive land legal/formal rights to land (<20% of total (garden land, forest land; in the process of land holding): land, aquaculture acquiring legal rights;  Cash compensation land) owners eligible to at replacement cost acquire formal rights which is equivalent and public to the current market organizations; value of land with the community, of similar type, category and productive capacity, free from transaction costs(Taxes, administration fees); For severe loss of If the remaining land land (> or = 20% of is not economically the total productive viable i.e. too small to land holding: be economically  As a priority, cultivated, and at the replacement land request of the affected compensation of people, the Project similar type, category will acquire the entire and productive land. The size of the capacity of land entire land holding will within the weto or be the basis for atoll, with land title or providing replacement land use certificate land or cash without any fees, OR compensation and cash compensation relevant allowances. at replacement cost in case replacement MPW should take land is unavailable or care of this issue at the request of the during DMS project affected implementation. Page 17 RMI PREP Phase 2 - Resettlement Policy Framework people (PAP); AND entitlement to receiving rehabilitation and allowance package as defined below. Persons without Compensation for MPW will work closely legal/formal rights and land at replacement with KALGOV or unlegalizable cost if no dispute and representatives to no violation with identify correct announced planning. boundaries. If it does not meet the conditions for compensation, MPW will consider other support. Residential land Persons with  With remaining PAPs may voluntarily legal/formal rights; land sufficient to give their residential owners in process of rebuilt land to the project. acquiring legal rights; houses/structures – However, voluntary owners eligible to (i) cash donation of minor acquire legal rights compensation at strips of residential replacement cost land will only be which is equivalent allowed by the Project to the current when the following market value of criteria are strictly land of similar type complied with – (i) the and category, and PAPs total residential free from land area is not less transaction costs than 300m2; (ii) the (taxes and admin strip of land that can fees) and (ii) cash be donated cannot be for improvement of more than 5% of the remaining total land area; and residential land (iii) there are no (e.g. filling or houses, structures, or levelling) so PAPs fixed assets on the can move back and affected portion of build houses on land. remaining plot.  Without remaining land sufficient to rebuild houses/structures: (i) Replacement land compensation in resettlement sites or in commune, with the same area, type and category without charge for taxes, registration and land transfer, with land title or land use certificate, OR Page 18 RMI PREP Phase 2 - Resettlement Policy Framework (ii) cash compensation at replacement cost which is equivalent to the current market value of land of similar type and category, free from transaction costs (taxes and admin fees) plus allowance for levelling and registering land. Persons without  Compensation for MPW will identify legal/formal rights and affected land by eligibility of land for are unlegalizable replacement land compensation. or cash at replacement cost if no dispute and no violation with announced planning, otherwise no compensation for land but support for losses.  If affected people have no other resident place, MPW considers allocating residential land or house and allowance package for AP’s. Temporary Use of Persons with  For agricultural and The construction Land legal/formal right to residential land to supervision consultant use or to occupy land be used by the and MPW will ensure Project, (i) cash that the (i) location compensation but and alignment of the should not be less temporary use area to than the unrealized be proposed by the income and civil works will have revenue that could the least adverse be generated by social impacts; (ii) that the property during the landowner is the period of adequately informed temporary use of of his/her rights and the land; (ii) cash entitlements as per compensation at the investment project replacement resettlement policy; costfor affected and (iii) agreement fixed assets (e.g. reached between the structures, trees, landowner and the crops); and (iii) civil works contractor restoration of the are carried out. temporarily used land within 1 month Page 19 RMI PREP Phase 2 - Resettlement Policy Framework after completion of construction. If the Project could not restore the temporarily used land, MPW would negotiate with the APs and pay costs for AP’s to restore the land themselves.  In case of contractors use temporary land for camping or storing materials etc., they should negotiate with the APs about compensation and restoration after use. Totally affected Owners of affected  Cash  Adequate time houses/shops and houses whether or not compensation at provided for AP’s to secondary structures land is owned; replacement cost rebuild/repair their or partially affected for new structures; but no longer viable house/shops,  Affected houses and structure with no shops that are no deduction for longer viable are depreciation or those whose salvageable remaining affected materials; and portions are no rehabilitation and longer allowances useable/habitable. package for AP’s, including housing rent during construction of new house. Partially affected Owners of affected  Cash  Restoration costs houses, shops and houses whether or not compensation at should be secondary structures house is owned replacement cost negotiated with the but remaining part is for the affected part AP’s by MPW. viable; and cost for repairing the remaining part. Loss of business Owners of  Cash  The number of days income during shop/business compensation of business relocation or during regardless of whether equivalent to the disruption and rate dismantling/repair of or not business is average daily will be verified affected portion registered income rate through interviews (without relocation) multiplied by the with informal shop number of days of owners to get an business estimate of daily net disruption. profit. Crops and Trees Owner of crops and  If standing annual  MPW should inform trees whether or not crops are ripening Affected Peoples at Page 20 RMI PREP Phase 2 - Resettlement Policy Framework land is owned and cannot be least 3 months harvested, cash before land compensation at acquisition. market price equivalent to the highest production of crop over the last three years multiplied by the current market value of crops;  For perennial crops and trees, cash compensation at current market value based on type, age, and productive capacity;  For timber trees, cash compensation at current market value based on type, age, and diameter at breast height (DBH)of trees. Permanent loss of Weto/village or weto  Compensation at  physical cultural households; replacement cost resources/public for present/existing structures/village or structures based collective ownership on its present value. OR reconstruction, reinstallation, if required by the owner. Graves located in the Owners of graves  Compensation for  affected area removal of graves will be paid directly to AP’s, including cost of excavation, relocation, reburial, purchasing/obtainin g land for relocation of graves and all other reasonable costs in accordance with local rituals. Electricity poles Electricity companies  Cost compensation  for cost to dismantle, transfer and rebuild; Transition subsistence Relocating  Relocating AP’s will  allowance households – be provided with relocating on residual cash or in-kind Page 21 RMI PREP Phase 2 - Resettlement Policy Framework land or to other sites assistance equivalent to 30kg of rice at current market value for 6 months per household member. Severely affected  AP’s directly  AP’s losing 20% or cultivating on the more of their affected land and productive income losing:  From 20% - 50% of their productive land/income will be provided with cash or in-kind assistance equivalent to 30kg of rice at current market value for 6 months per household member if no relocation to sites with harsh socio-economic conditions.  From more than 50% - 70% of their productive land/ income will be provided with cash or inkind assistance equivalent to 30kg of rice at currently market value for 9 months per household member if no relocation, 18 months if relocation, and 24 months if relocation to sites with harsh socio-economic conditions.  From more than 70% of their productive land/income will be provided with cash or in-kind assistance equivalent to 30kg of rice at current market value for 12 months per household member if no relocation,24 Page 22 RMI PREP Phase 2 - Resettlement Policy Framework months if relocation, and 36 months if relocation to sites. Transportation Relocating  Support for transfer  MPW to confirm allowance households – to other all old and new entitlement with WB. sites building materials and personal possessions by cash with maximum of US$___/relocating HH’s Housing rent Relocating  Support for renting  This support should households house during be provided at the constructon of new time of house, for 6 compensation. months per HH’s. MPW decides the MPW to confirm rent but not less entitlement with WB than US$__ per month in rural areas and US$__ in urban areas. Severe impacts on Severely affected  An additional  The poor vulnerable Affected vulnerable AP’s such allowance of 30kg households will be Peoples (APs) as the poor household rice per person in those meeting the (Relocating APs and or households headed the non-poor HH’s; poverty (MOLISA) those losing 20% or by women, the  An additional criteria. more of their elderly, or disabled, allowance of 30kg productive assets) and ethnic groups of rice per person for not less than 3 years and lower than 10 years in the poorest HH;  Eligible to participate in income restoration program;  The contractors will make all reasonable efforts to recruit severely affected and vulnerable AP’s as labourers for project works. Vocational training/job AP’s losing 20% or  An additional  MPW will decide the creation more of their allowance for level of the productive land vocational allowance. training/job creation equal to 1.5 times of affected area value but not exceeding quota of agricultural land in locality. Page 23 RMI PREP Phase 2 - Resettlement Policy Framework Incentive Bonus Relocating  Cash bonus up to a  Payment to be households maximum of made directly to US$___ per HH’s immediately household for upon removal. relocating households that dismantle structures from affected land in a timely fashion. 5. Legal framework 40. The legal framework for land acquisition and resettlement is based on the laws and regulations of the Republic of the Marshall Islands Government and the World Bank’s Safeguards Policies 41. The principal Marshall Islands laws governing land acquisition, resettlement and compensation presently include (i) RMI Constitution (ii) Land Acquisition Act 1986 and (iii) Coast Conservation Act 1988.. The Kwajalein Master Lease by and between Landowners and the Kwajalein Development Authority (effective Date October 1, 2016) is legally binding and provides specific instructions regarding access to and use of Ebeye lands for public utilities and infrastructure. These legislation and legal instruments are discussed in detail in the following section. . 5.1. Constitution of the RMI 42. The Constitution of the Republic of the Marshall Islands came into effect in 1979 and amendments were made in 1995. The Constitution sets forth the legitimate legal framework for the governance of the Republic. 43. The Marshall Islands has a bicameral legislature consisting of the lower house or Nitijela (legislative power) and the upper house or Council of Iroij (customary power). The legal system comprises legislature, municipal, common and customary laws. The Judiciary of the RMI 44. Regarding the Judiciary, according to the Constitution, the judicial power of the RMI “…shall be independent of the legislative and executive powers and shall be vested in a Supreme Court, a High Court, a Traditional Rights Court, and such District Courts, Community Courts and other subordinate courts as are created by law, each of these courts possessing such jurisdiction and powers and proceeding under such rules as may be prescribed by law consistent with the provisions of this Article.� In relations to resettlement, the Constitution states as follows: Page 24 RMI PREP Phase 2 - Resettlement Policy Framework “The jurisdiction of the Traditional Rights Court shall be limited to the determination of questions relating to titles or to land rights or to other legal interests depending wholly or partly on customary law and traditional practice in the Republic of the Marshall Islands.� Traditional Rights to land 45. The Constitution preserves the traditional rights of land tenure, stipulating in ‘Article X Traditional Rights’ that: 1. Nothing in Article II shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal. 2. Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII, and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land. 3. Title to land or any land right in RMI may be held only by a citizen of the Republic, a corporation wholly owned by citizens of the Republic, the Government, or local government, or a public corporation or other statutory authority constituted under the law of the Republic. 5.2 Land Acquisition Act 1986 46. The RMI Land Acquisition Act 1986 makes provision for the acquisition of lands and servitudes for public use for payment of just compensation in terms of Article II, Section 5 of the Constitution of the Marshall Islands and to provide for matters connected therewith and incidental thereto. 47. The Act defines “land� to include “things attached to the earth�. It also defines “persons interested�, with reference to land, to not include a monthly tenant. The act covers the general provisions, preliminary investigation and declaration of intended acquisition, proceedings in court, payment of compensation, possession and disposal, divesting of land and general items pertaining to such land acquisition. The following summary is given of the Parts of the Act:  The Preliminary Investigation and Declaration of Intended Acquisition details the process for investigations for selecting land, compensation for Page 25 RMI PREP Phase 2 - Resettlement Policy Framework any damage done during investigations and issuing notices of intended acquisition.  Where the Minister decides that particular land or a servitude in any area should be acquired under this Chapter [Proceedings in Court], he shall direct the Attorney-General to file an application in the High Court praying for a declaration by the High Court, that such taking of land for public use is lawful. The Proceedings in Court details the process for determination by the High Court, the procedure before the High Court, the assessment of compensation.  The Payment of Compensation details tender and payment, compensation which cannot be paid, renunciation of right to compensation, interest on compensation, exchange, finality as to payment of compensation and exchange with other landowners.  Possession and Disposal details the vesting order for taking possession of land and acquiring servitudes, effect of vesting order, possession, immediate possession on urgency and immediate possession after proceedings commenced.  Divesting of Lands details the divesting orders.  General details the compulsory acquisitions authorized by any other written law, abandonment of acquisition proceedings, serving of notices, application of constitutional provisions and payment. Of particular note in this Part is that: o Where any other written law authorizes the acquisition of land under this Chapter and the Minister decides that any land is reasonably required under such other written law by any authority, person or body of persons, the purpose for which that land is required shall be deemed to be a public use and the provisions of this Chapter shall apply accordingly to the acquisition of that land for that authority, person or body of persons. 5.3. Coast Conservation Act 1988 48. This Act makes provision for a survey of the coastal zone and the preparation of a coastal zone management plan; to regulate and control development activities within the coastal zone; to make provisions for the formulation and execution of schemes for coast conservation; and to provide for matters connected therewith or incidental thereto; 49. Part IV sets out a Permit procedure for obtaining permission to engage in any development activity within the coastal zone. It requires the proposed activity to (a) be consistent with the Coastal Zone Management Plan and any regulations made to give effect to such Plan, (b) not otherwise have any adverse effect on the stability, productivity and environmental quality of the Coastal Zone. Page 26 RMI PREP Phase 2 - Resettlement Policy Framework (c) Furnish an environmental impact assessment report; 50. Part V 319 empowers the Director or any officer authorized by him in writing, to issue permits subject to such conditions as he may impose having regard to the Plan, for the occupation, for any period not exceeding three (3) years, of any part of the foreshore or bed of the sea lying within the Coastal Zone. 5.4. Master Lease 2016 51. The Master Lease by and between the Landowners and Kwajalein Atoll Development Authority (KADA) is a negotiated agreement between the three Iroijs of Ebeye on one hand, and KADA on the other, as the lessee and occupant, representing the Government. The Master Lease vests in KADA access and use rights for designated Ebeye lands, with conditions and parameters for its use “… in furtherance of its efforts to promote the redevelopment of Kwajalein Atoll …and allow essential public infrastructure projects to go forward to the better welfare and health of its people…�. The Master Lease was signed in 1966, and its 50-year term expired in October 2016. An extension for a further fifty years has been negotiated and has been signed by all landowners and or their representatives except one – a foreign domiciled landowner whose signature is expected. The Master Lease covers existing land and “…any other new reclaimed land to KADA.� 51bis. Under the Master Lease, KADA pays an annual ‘ground lease rent’ of US$300,000 exclusive of taxes and administration fees. Of particular interest, in the Master Lease (Part V (A): Roads and Utility Corridors), the Lessor dedicates in perpetuity, all existing and presently designated future easements for public use, “…at no additional consideration.� 52. The Master Lease thus provides for the voluntary taking of Ebeye land for development purposes. Part of this land are easements previously dedicated in perpetuity for public utilities such as water, sewer, electrical and drainage lines. KADA can authorize developments within the existing easements and can also define and set aside new easements as necessary, following a process set out in the Master Lease, which requires the prior consent of the landowners. 53. The following sections are of particular relevance to PREP Phase 2: 1. Premise The Lessor, in consideration of the rents payable under this Lease and of the covenants of Lessee under this Lease, does hereby demise and lease unto the Lessee the following, which are collectively referred to as the "Premises�: (1) those portions of the Island of Ebeye, Kwajalein Atoll RMI comprising a total of approximately 68.98 acres, as more fully shown on the map attached hereto as Exhibit "A" and incorporated herein by reference (the "Land"), (2) all "Existing Landfill� created by Lessee from the Effective Date to the date hereof, comprising an area of approximately 9.94 acres as more fully shown on Exhibit "A", together with all lands thereafter created Page 27 RMI PREP Phase 2 - Resettlement Policy Framework during the term of this Lease by Lessee or its designees by dredging or any other means in the zones designated as "Proposed Landfill" on Exhibit “F� or in other areas approved in accordance with this Lease (collectively referred to as "Landfill"); and (3) all rents, issues and profits of the Land and the Landfill, together with all buildings, improvements, rights, easements, privileges and appurtenances thereto. Section VII: Dedication of Roadways, Utility Easement Corridors and Government Facilties to Public Use A. Roadways and Utility Corridors. In consideration of the execution of this Lease by Lessee, Lessor hereby dedicates for public use in perpetuity, for no additional consideration, the following areas: all of Lojjelon, Bunkur, Ebwaj, Gugeegue, and Ñeñe all existing and presently designated future roadways ("Roadways"); and (ii) all existing and presently designated future utility easement corridors containing water lines, sewer lines, electrical and drainage lines, and other utility lines and incorporated herein by reference ("Utility Corridors�) (the Roadways and Utility Corridors are collectively called the "Dedicated Areas�). The dedication of the Dedicated Areas shall at all times be subject only to the condition that such facilities continue to be used for public purposes. Lessor reaffirms their conveyance of these rights in Ebeye Island in the prior Ebeye Master Lease of 1986. 54. Relevant to the issue of compensation for lost or affected assets is Section VII – Relocation of existing occupants, as below: VII. Relocation of Existing Occupants With regards to any existing occupants living or doing business on the Premises as of the date of execution of this Lease ("Occupants�), the Lessor agrees to use and exercise all of their rights and powers as landowners under traditional Marshallese Customary Law and Traditional Practice to assist Lessee in its efforts to relocate these Occupants as necessary from their existing residences or business premises in order to permit the Lessee to complete its redevelopment of the Premises pursuant to Article V above in a timely manner. Lessor shall be solely responsible for paying any amounts claimed by such Occupants as a result of the termination of any occupancy agreements that such Occupants may have entered into with Lessor prior to the date of execution of this Lease; provided, however, that in those cases where the relocation involves the taking of a privately owned residence or business premises, then Lessee shall pay the owner of such residence or business premises just compensation for the value of such residence or business premises. The amount of the compensation to be paid by Lessee to such owner for such residence or business premises shall be determined by mutual agreement between the Lessee and such owner or, failing that, through condemnation proceedings. Lessee agrees that it will not attempt to relocate any Occupants until such time as it has located a comparable Page 28 RMI PREP Phase 2 - Resettlement Policy Framework replacement residence and/or a replacement business premise, as appropriate, for such Occupant. 55. The Master Lease is in effect the legal instrument used for the voluntary acquisition of Ebeye lands for public purposes the taking of which is allowed under the Land Acquisition Act 1968. It satisfies the requirement of the Constitution that “ No land right or other private property may be taken unless a law authorizes such taking; and any such taking must be by the Government of the Republic of the Marshall Islands, for public use, and in accord with all safeguards provided by law�. 56. Part of the background context to the Master Lease is the reality that in the Marshall Islands, the traditional landowners or Iroij, are held in extremely high esteem by not only their constituencies, but also the Government. It’s an acquired status but one deeply rooted in history, and entrenched in Marshallese culture by the hereditary nature by which the Iroij title is passed down through generations of blood heirs. The Iroijs are Marshall Islands’ royalty. In modern day Marshall Islands, this status is in a way preserved if not further enhanced by the substantial powers vested in them by the Constitution as members of the Council of Iroijs. The Council is advisory and consultative in its role but the high public regard with which Iroijs are held means they yield enormous influence in the law-making process, on matters of national importance, and especially on issues of customs, traditional practices, lands and related matters. It follows therefore that where lands owned by Iroijs are of interest to the Government for public purposes, the process of acquisition is a negotiation between equal parties – Government and Iroijs – if not one slanted in the Iroijs’ favour. Both parties are endowed with resources to engage competent legal counsels to ensure their best interests are preserved as was the case with the renewed document. With this power relationship, any concerns about landowners being disadvantaged in such negotiations are unfounded. The Master Lease itself preserves the supremacy of the landowners, by among other conditions, requiring as a pre-condition the prior consent of landowners for any development including the creation of new easements. This fact is well understood and accepted by locals and government officials consulted who unanimously observed that nothing happens in Ebeye without the Iroijs prior approval. 5.5 Gap Analysis between WB Safeguards Policies and RMI Safeguards Requirements Table 3: Gap Analysis World Bank Safeguard RMI Policies Gap-Filling Measures Policies Page 29 RMI PREP Phase 2 - Resettlement Policy Framework OP 4.12 requires that No specific requirement for the Where RAP/ARAPs are Resettlement Plans must be preparation of RPs. The Master necessary, they will be prepared based on Lease requires prior consultations prepared in consultation with consultations with Affected with landowners but there is no Affected People, including People, and that poorer and explicit requirement for similar vulnerable groups, and properly vulnerable people are also consultations with other AP’s. But disclosed by the implementing consulted and informed of their consultations with other AP’s are agency. entitlements and resettlement implicit in the requirement to delay options. relocation of APs until alternative locations found and prepared to receive them. It is necessary to improve or at Fair compensation is explicit in the There is partial equivalence. least restore livelihoods of Master Lease in relations to WB policy will apply to ensure Displaced Persons by a range damaged residences and all losses are covered and of strategies targeted at business premises, but not compensated for. Affected People. Nobody is to generally to include other sources be worse off as a result of the of livelihoods, other assets and or Where losses are temporary development project. lost access to shared resources. and minor, these will be addressed as part of the ESMP. Requires that Displaced The principle of ‘just There is agreement on the Persons are compensated for compensation’ is stipulated in the need for just compensation all losses, including non-land Master Plan for estimating the although RMI policies are not assets, at full replacement cost. losses accrued to affected people specific as to the method for as a result of the Project. The calculating compensation. concept of ‘comparable alternatives’ is also stipulated for replacing residences and business WB’s principle of ‘replacement premises which bears equivalence cost’ using current market to the WB principle of replacement values for compensation of cost. affected assets will apply, where applicable. OP 4.12 requires that No specific requirement for the Where applicable, WB policy resettlement outcomes be monitoring and assessment of applies. RAP/ARAPs will monitored and assessed. resettlement outcomes. include indicators and baseline data to monitor impacts on living standards of Affected People. The monitoring reports will also be disclosed including to Affected People. OP/BP 4.11 Physical and RMI’s Historic Preservation Act Equivalent. Cultural Resources – PCR 1991 promotes the preservation of includes resources of the historic and cultural heritage of archaeological, the Republic of the Marshall paleontological, historical, Islands. Section 206 (b) provides architectural, religious (incl. for the issuing or denial of permits, graveyards and burial sites), after review by the Council, for aesthetic, or other cultural use, access, and development of significance. land containing cultural and historic properties… Page 30 RMI PREP Phase 2 - Resettlement Policy Framework OP4.04 Natural Habitats The RMI National Environment Equivalent Bank supports the protection, Protection Act 1984 provides for – maintenance, and rehabilitation  the protection and management of natural habitats and their of the environment, and for functions; expects borrower to matters connected therewith or apply a precautionary approach incidental thereto. to natural resource management to ensure  to preserve important historical, opportunities for cultural and natural aspects of environmentally sustainable the nation's culture and development. heritage, maintaining at the same time an environment which supports multiplicity and variety of individual choice Bank promotes and supports EIA Regulation 1994 provides for Equivalent natural habitat conservation the protection of rare or and improved land use, and endangered species, or their critical rehabilitation of natural habitats; as part of the EIA habitats. process. Bank does not support projects The same principle is implied in Equivalent. that, in its opinion, involve the NEPA 1991 and EIA significant conversion or Regulation 1994. degradation of critical natural habitats. Bank expects the borrower to Part V of the EIA Regulation 1994 Equivalent. take into account the views, provides for public disclosure of roles, and rights of groups EIA and for public hearings to including NGOs and local allow the public to comment etc.. communities affected by the Bank financed project…in the planning, designing, implementing, monitoring and evaluating of such projects. 6. Methods of valuing assets 57. The following methods for valuing assets are applicable to losses anticipated in PREP Phase 2 - (i) For residential land, a. Annual rent or lease payment is a negotiated settlement based on the current market value of land of similar type and category, and free from transaction costs (taxes and administration fees); b. permanently lost as a result of the project, replacement cost is equivalent to the current market value of land within the village, of similar type, category and free from transaction costs (taxes and administration fees). (ii) For productive cultivable land, a. Annual rent or lease payment is a negotiated settlement based on the current market value of the land within the village, of similar type, Page 31 RMI PREP Phase 2 - Resettlement Policy Framework category and production capacity, and free from transaction costs (taxes and administration fees); b. Permanently lost as a result of the project, land value is equivalent to the current market value of the land within the village, of similar type, category and production capacity, and free from transaction costs (taxes and administration fees). (iii) For any houses, fences etc lost or damaged, compensation will be calculated at full replacement cost using current market prices for materials. The definition of replacement cost will comply with that of the WB1 (iv) For the loss of Crops and Trees (these refer to crops and/or trees that may be affected either by temporary or permanent land acquisition). a) Cash compensation for crops will be based on market values at the time of anticipated harvest; b) Cash compensation for marketable trees will be based on species and merchantable volume calculated using Diameter at Breast Height (DBH). c) Cash compensation for fruit trees based on type, age and productivity; also reflecting current market prices. (v) Income losses from employment or business (permanent or temporary interruption). a) For permanent impact, cash compensation for one year net business income or salary; b) For temporary impact, cash compensation of net income or salary for the numb er of months of business or employment stoppage for a period of up to 1 year. c) Assessment to be based on paper evidence or oral testimony and Weto leader confirmation. At least the legal minimum wage will be provided. (vi) Unforeseen impacts. 58. All other types of impacts not foreseen will be assessed using the principles of the RPF, and will be consulted with the affected parties and documented in the A/RAP or RAP. (vii) Payment arrangements and methods under the Master Lease – (a) Under the Master Lease, KADA will pay an annual rent of US$300,000 per year exclusive of taxes, rates, duties etc.. (Master Lease Section III: Rent); (b) All existing and presently designated future utility easement corridors are dedicated for public use in perpetuity, for no additional consideration (cost); with only the following condition – that the dedication of the Dedicated Areas shall at all times be subject only to the condition that such facilities continue to be used for public purposes. (Master Lease Section V (A): Roadways and Utility Corridors. (c) Rent payable under the Master Lease is a cost to KADA, not the Project. 1 Operational Manual – Annex A OP 4.12 – Involuntary Resettlement Instruments Page 32 RMI PREP Phase 2 - Resettlement Policy Framework 7. Organizational procedures for RAP/ARAP implementation 59. MPW will be responsible for the implementation of the day-to-day safeguards requirements for all components of PREP Phase 2 as set out in the RPF. MOF/DIDA will have overall coordination and oversight and will ensure the availability of an appropriate budget for RPF implementation including the payment of compensation. Both agencies will be supported in these roles by Project-funded Safeguards Specialists.. 60. MPW may need the assistance of other government agencies such as KADA and KALGOV in conducting detailed measurement surveys of any affected assets in Ebeye and to ascertain beneficiaries. Similarly assistance may be required from NTA in identifying appropriate sites for telecommunication facilities including the use of existing easements for telecommunication lines as needed. 61. In terms of RAP or A/RAP monitoring, the limited safeguards capacity of MPW justifies the engagement of an External Monitoring Agency (EMA) – usually an independent NGO – to ensure impartial and creditable monitoring, during RAP preparation and implementation especially if relocation and compensation is unavoidable. The EMA will also monitor, assess and report on the effectiveness of procedures and processes for RAP implementation, and the impacts of resettlement on Project AP’s. 62. The following table summarizes the roles of relevant institutions during the preparation and implementation of a RAP or A/RAP. Table 4: Institutions Involved in Resettlement Implementation Activities Agency Responsible A. Pre-Implementation of RAP - Project disclosure and public consultation in Ebeye MOF/DIDA, MPW, KALGOV, possibly a local NGO to assist e.g. WUMTI - Survey and marking of core subproject sites MPW - Verification survey of affected lands MPW - Census of affected persons; inventory of losses; MPW establishment of replacement value - Consultation and agreement of compensation MPW Page 33 RMI PREP Phase 2 - Resettlement Policy Framework - Update of the RAP MPW MOF/DIDA - Concurrence of updated RAP with DPs MPW - Endorsement of updated RAP to WB MPW - Internal Monitoring MOF/DIDA - External monitoring EMA B. RAP Implementation - Approval and release of funds for compensation MoF/DIDA - Verification of affected agencies and DPs MPW - Internal monitoring/oversight MOF/DIDA (C.1., C.3.) - Grievance and redress MPW; National Steering Committee - Payment of compensation MOF/DIDA - Submit compliance documents to WB MPW and MOF/DIDA Internal Monitoring/Oversight MOF/DIDA External Monitoring EMA - Validate compliance of RAP implementation WB C. Construction Stage - Confirm “No Objection� for the award of civil works WB - Tendering and award of civil works MPW - Hiring of DPs and mobilization of labor force. Civil Works Contractor - Core subproject construction Civil Works Contractor - External Monitoring EMA D. Post Construction - Restoration and return of temporarily affected Civil Works Contractor lands and assets 8. Implementation Process Page 34 RMI PREP Phase 2 - Resettlement Policy Framework 63. All activities for implementing the RAP or A/RAP will precede and will not overlap the activities in the construction of the core subproject. The only exceptions are arrangements for the full restoration of sites used by the contractor(s) before their departure from affected sites. This applies to all RAP/A-RAP prepared under Components 1, 2 and 3. 64. The two implementing agencies – MOF/DIDA and MPW - will satisfactorily complete the payments for compensation and the lands are free of all obstructions and encumbrances before it request to WB for its “No Objection� for the award of civil works contract. In support of claim for satisfactory compliance, MOF/DID and MPW will submit the following duly authenticated documents to the WB, for each RAPs or A/RAPs prepared and implemented:  List of Affected / Displaced Persons (DPs) and their corresponding compensation;  Copy of Project Information Document (PID) distributed to DPs;  Minutes of consultations with DPs including details of gender;  Minutes of consultations involved in agreeing the contents of RAP including gender of participants;  Individual agreement on compensation reached with the DPs, if applicable;  Journal voucher(s) or equivalent document(s) showing the payments for compensation and entitlements to DPs. 65. The WB will issue its “No Objection� for the award of civil works contract should it be satisfied that MPW has satisfactorily completed the implementation of the RAP. The WB will be assisted in its review of MPW’s report and supporting documentation by an External Monitoring Agency’s (EMA) report on the same. . Page 35 RMI PREP Phase 2 - Resettlement Policy Framework 9. Grievance redress mechanism 66. The following GRM applies to the resolution of complaints received. Details discussion is provided in Section H of the ESMF. Table 5: Grievance Redress Mechanism Stage Process Duration 1 The Aggrieved Party (AP) will take his/her grievance to Any time. Construction Site Supervisor (CSS) who will endeavour to resolve it immediately. Where AP is not satisfied, the CSS will refer the AP to the Project’s Designated Contact Person (DCP). For complaints that were satisfactorily resolved by the CSS, he/she will inform the DCP and the DCP will log the grievance and the actions that were taken. 2 On receipt of the complaint, the Project DCP will endeavour Immediately after to resolve it immediately. If unsuccessful, he/she then logging of grievance. notify MPW PMU Project Manager (if its Component 2) or the MOF/DIDA PIU Project Manager (for Components 1 and 3). 3 For Components 1 and 3, the MOF/DIDA Project Manager 2 weeks. will address and resolve the complaint and inform the aggrieved party. For Com ponent 2, the MPW PMU Proj ect Manager will do s im ilarly. If it’s a land issue, MPW Secretary will consult KADA on the matter, for a solution. If the matter remains unresolved, or complainant is not satisfied with the outcome at the project level 4 The MOF Secretary for Component 1 and 3, and the MPW 1 month. Secretary for Component 2, will refer to matter to the National Steering Committee for a resolution. 5 If it remains unresolved or the complainant is dissatisfied Anytime. with the outcome proposed by the NSC, he is free to refer the matter to the appropriate legal or judicial authority. A decision of the Court will be final. 6 Immediately after For Component 2, if it’s a land related issue, KADA may Stage 3. seek the assistance of the Traditional Land owners, and their decision will be final. Page 36 RMI PREP Phase 2 - Resettlement Policy Framework Figure 3: Flow Diagram showing Project level Grievance Redress Mechanism Construction Site Supervisor (CSE) Resolved Aggrieved Party ? ? Not resolved Designated Contact Person (DCP) Resolved ? ? Not resolved Operations related issues MPW PMU P/Mfor C.2. KADA GM MOF/DIDA PIU P/M for C.1. and C.3. for C.2. Land related issues Resolved ? ? Not resolved National Steering Committee Resolved ? Not resolved Decision is final Court or Traditional Landowners Page 37 RMI PREP Phase 2 - Resettlement Policy Framework 10. Resettlement Budget and Financial Arrangements 67. Budget provisions for resettlement impacts include rent or lease payments2 for all voluntary transactions, and financial entitlements for DP for loss of land, other assets including crops and other sources of livelihoods. These are tabulated and summarized in separate sheets as supporting schedule in the RAP or A/RAP document. 68. The costs of implementing an RAP or A/RAP will be RMI’s responsibility as it equity contribution to the subproject investments. The MOF/DIDA shall ensure that the total cost of compensation and entitlement are budgeted for and shall cover the following: (a) project disclosure, (b) public consultations and focus group discussions, (c) detailed measurement surveys (DMS) and (f) internal monitoring and implementation of the RAP. In addition, the RMI will cover contingencies for the total of compensation and administrative cost. 69. The budgets for compensation will be approved by the MoF/DIDA (in consultation with MPW for Component 2) on behalf of RMI Government. It will ensure timely availability of adequate budgetary support and the release of funds for any subproject RAPs. Prior to implementation, the MOF/DIDA will set up the accounting chart of accounts for capturing the expenses for compensation and administrative costs. 11. Mechanisms for consultations with and participation of affected / displaced persons 70. Consultation for PREP Phase 2 is a process that starts with the preparation of the ESMF and RPF and continues with the preparation of specific safeguards instruments including any resettlement plans that may be required. Reference to potential resettlement impacts will be made during these early discussions. The main purpose at this level is simply to raise awareness of the Project, its objectives, other essential details, and its potential resettlement impacts. 71. Consultations with key stakeholders KADA and the Traditional Landowners have been discussed earlier in this Framework. 72. An outline for the preparation of a Stakeholder Engagement Plan (SEP) is provided in the ESMF. As part of the SEP, details of consultations with local relevant government agencies and institutions, local authorities and local communities will be spelt out. MOF/DIDA is responsible for engaging a consultant to prepare the SEP and will work closely with MPW to ensure the needs of consultations for safeguards instruments, in particular of Displaced People, are considered. 73. Following is a matrix to guide consultations planning in the preparation of a RAP/A-RAP which MPW and MOF/DIDA can take on board when preparing the SEP. 2 This does not include lease payments or rent associated with the Master Lease between the Kwajalein landowners and KADA including any new easements which requires no additional cost. Page 38 RMI PREP Phase 2 - Resettlement Policy Framework Table 5: Matrix to guide consultations for RAP/A-RAP preparation Subject of Role(s) of Reasons for Stage Consultation landowners, Community community leaders Participation and DPs, including Women  Consultation  Understanding the  Participate in subproject  Ensure that and focus- subproject. disclosure, public participants fully group meetings and understand the discussions  Gaining affected consultations. proposed people’s support. subproject, its  Encourage and invite potential impacts women to attend and its benefits to Project disclosure, the community. public meetings and consultations.  Promote an informed and collective decision-making process. Pre-Implementation Consultations  To gain their  To engage  Not applicable with affected support for the use landowners about the landowners of land; project’s objectives  To explore options and expected benefits for the voluntary and beneficiaries. agreement of land use.  Agree to voluntary use of land. Planning for  Subproject design,  Understand and  To inform, RAP and any identified preferably support the generate interest land needs land requirements and and support. the technical design of the project.  Agree on the compensation and entitlement packages.  Review and agree on the contents of the RAP/ARAP before submission to the Bank.  ditto Page 39 RMI PREP Phase 2 - Resettlement Policy Framework  Formulating Compensation and To obtain compensation entitlement packages agreement on the and RAP. entitlement packages.  Agreement on Contents of the To obtain the content of RAP/ARAP agreement on the RAP RAP.  Additional Types of additional  DPs or any of their Strengthen Implementation assistance to assistance where household members community DPs. relevant. shall be offered support for project employment during the implementation, construction of the and ensure project subproject. benefits are maximized for displaced persons.  Grievance  Grievance and  Provide information to  Ensure that and redress. redress mechanism. assist in redressing of problems are grievances. address within reasonable time.  Monitoring  Monitoring and  Provide inputs to  Gain experience Implementation and evaluation evaluation system monitoring and and lessons in evaluation shaping resettlement policies for future Post MPW subprojects. 12. Capacity Building 74. Capacity gaps will be filled by recruiting experienced safeguards specialists for key roles in the project. A Safeguards Advisor will be recruited and attach to the MOF/DIDA Project Implementation Unit (PIU). Similarly, a Safeguards Consultant (firm) will be procured under Component 2 to perform the roles and responsibilities assigned in this RPF and the Project’s ESMF to MPW ’s Project Management Unit (PMU), for the full duration of the project. An External Monitoring Agency (EMA) will also be engaged by MPW to monitor and report on the implementation of the RPF and in the preparation and implementation of other social safeguards instruments required for specific subprojects. Other short term consultants may be engaged from time to time to perform specific tasks including, as necessary, the preparation of safeguards instruments for subprojects. Page 40 RMI PREP Phase 2 - Resettlement Policy Framework 75. The Safeguards Advisor and Safeguards Consultants under MOF/DIDA and MPW respectively, will train and mentor local counter-part staff and others. They will also contribute to capacity building of NEPA through the technical support and advisory role delivered during the screening of proposals, the review of safeguards instruments, and in ESMP monitoring and reporting. 76. Areas recommended for MOF/DIDA, MPW and NEPA training include the following –  World Bank’s Safeguards Policies, in particular those triggered and relevant to the Project;  Roles and responsibilities of different key agencies in safeguards implementation.  How to effectively review WB safeguards instruments and to implement the ESMF and RPF3  Detailed measurement surveys of losses for RAP preparation and entitlement calculation;  Training on how to prepare TORs, review consultants proposals, and manage consultant’s outputs. 77. Training in the above areas is recommended to be held within three (3) months of project effectiveness. 78. On-going support will be provided by the World Bank Task Team for the duration of the project including for the initial activities environmental screening, categorization and review of prepared safeguards instruments. 13. Arrangements for Monitoring and Reporting Internal Monitoring – 79. MPW will be responsible for the internal monitoring and reporting of RPF and RAP/ARAP implementation. Twice yearly monitoring reports shall be prepared and submitted as part of its reporting responsibilities as Implementing Agency. The information on internal monitoring reports shall contain the following: (a) accomplishments to-date; (b) objectives attained and not attained during the period; (c) problems encountered / complaints received and progress with resolving grievances; and (d) targets for the next period. External Monitoring - 80. It is estimated that the level of compensation likely to be paid is not significant. However, the acute lack of safeguards expertise and capacity with the MPW and MOF/DIDA justifies the engagement of an independent external monitoring agency (EMA) to ensure close monitoring of RFP and RAPs, and in particular to keep a close scrutiny on payment of required compensation entitlements. MPW will be responsible for the recruitment of a competent and credible EMA for this task and for ensuring that it 3 Resettlement Policy Framework Page 41 RMI PREP Phase 2 - Resettlement Policy Framework receives the appropriate level of logistical and financial support for it to perform its role effectively. 81. The EMA will assess the implementation of the RFP and of each subproject’s RAP/ARAP and the social safeguards requirements of the ESMPs. It will report the key findings directly to the World Bank. External monitoring shall be conducted twice a year during the implementation of the project, and will liaise closely with MPW regarding any issues that may require immediate PMU response. Related to operational procedures, the EMA will monitor and report on issues and problems associated with capacity for safeguards implementation, including the adequacy of consultations associated with the preparation and implementation of resettlement plans and grievances resolution, as well as the critical operations procedures such as the provision of adequate budgetary support. External Monitoring Indicators are given in Annex 6. A draft TOR for the External Monitoring Agency is set out in Annex 7. Page 42 RMI PREP Phase 2 - Resettlement Policy Framework Annex 1: References World Bank. 2005. Safeguards Policies Basics. QACU, OPCS. World Bank. Internal Document. Pacific Islands Legal Information Institute (2014) PacLII Documents Collections, Marshall Islands Laws, Marshall Islands Consolidated Legislation, Constitution of the Republic of the Marshall Islands, http://www.paclii.org/mh/legis/consol_act/cotrotmi490/ [accessed 24 – 27 Nov, 2016] Page 43 RMI PREP Phase 2 - Resettlement Policy Framework Annex 2: Voluntary land acquisition and resettlement for PREP Phase 2 1. Components 1: Institutional strengthening, early warning and preparedness Land for the siting of telecommunication posts and related facilities will use existing easements otherwise land will be acquired voluntarily. No involuntary resettlement impacts are involved. 2. Component 2 : Strengthening coastal resilience Ebeye (i) Land for coastal protection works The Master Lease has set aside and designated areas as easements for roads, and other public utilities.. KADA as the lessee has the power to authorize the use of these lands and easements for development activities and projects in accordance with the conditions of the Lease. KADA, on behalf of MPW (Component 2 implementing agency), will engage with the landowners as per local custom for land access. Land access will be agreed between KADA and the landowners, and there are three possibilities: 1. The Master Lease will already cover the rights for KADA to authorise MPW to undertake the works; 2. The Master Lease will be amended to cover the proposed coastal protection works. 3. A separate lease arrangement will be voluntarily negotiated. The transfer of access and use rights from KADA to MPW for project purposes will simply be formalized by an exchange of letters between MPW and KADA to this effect. Land occupiers and land users within the project footprint will be identified and the involuntary resettlement impacts will be managed under an Abbreviated Resettlement Action Plan (ARAP) or Resettlement Action Plan (RAP) (see the next section for explanation of this process). (ii) Land for the temporary use by contractors KADA, in consultation with MPW, will allocate an area under its control, or otherwise work closely with local landowners to secure alternative sites. Voluntary land access will be negotiated between KADA (in consultation with MPW) on behalf of the Project and the landowner. Land will be fully restored before the end of the Project. Component 3 Emergency Response Activities under Component 3 are not expected to require land occupation or use, however if necessary for activities such as temporary stockpiling voluntary agreements will be sought with land owners. Majuro Land acquisition on Majuro will be negotiated voluntarily with land owners in the absence of existing easements. Lease arrangements or similar instruments will be prepared and signed before works begin. No involuntary land acquisition will be undertaken. Page 44 RMI PREP Phase 2 - Resettlement Policy Framework Annex 3: Terms of Reference for the Resettlement Specialist Objective/Purpose of the Assignment: The objective of the assignment is to support the World Bank preparation of a grant assistance to the Government of Republic of the Marshall Islands for the implementation of PREP-Phase 2. Scope of Work: The consultant will assist the Government’s two Implementing Agencies – MOF/DIDA for Components 1 and 3, and MPW for Component 2 - of PREP-Phase 2, to prepare Resettlement Action Plan(s) that may be required for relevant subprojects/activities under this Project. The RAPs/ARAPs will comply fully with WB requirements as set out in Social Safeguards Policy OP 4.12. The consultant will use the Resettlement Policy Framework (RRF) developed during the Project Preparation phase. Subprojects requiring RAPs or A- RAPs are those identified during the subproject screening and categorization process by the Safeguards Specialists embedded in MPW and MOF/DIDA. Detailed Tasks: The Resettlement Planning Specialist will – 1. Prepare and finalize questionnaires for socio-economic survey, census of affected persons and inventory of affected assets. 2. Conduct a half-day to one-day workshop for selected MPW and MOF/DIDA staff to assist him/her in implementing the required surveys; to familiarize them with questionnaires and the recording of survey data; 3. Conduct due diligence to confirm ownership of relevant lands as necessary. 4. Implement the required data surveys with the assistance of trained local staff. 5. Analyse socio-economic data and compute compensation entitlements for each Displaced Persons (DPs) based on the RPF Entitlement Matrix. 6. Develop a Compensation Entitlement Form summarizing this information for each DP, including a signature space for DPs to sign on when receiving compensation. 7. Develop a Resettlement Action Plan using the Outline in Annex 3 of the RPF, and using the survey results and entitlement matrix derived from surveys conducted. 8. Ensure that, in preparing RAP, the displaced persons are i) informed about their options and rights pertaining to resettlement; (2) consulted on available choices for compensation and provided with technically and economically feasible resettlement alternatives; and (3) provided prompt and effective compensation at full replacement costs for losses of assets attributable directly to the project. 9. Work closely with MPW and or MOF/DIDA as required, to conduct consultations with DPs to discuss the draft Resettlement Plan. 10. Finalize Resettlement Plan taking into account comments received from public consultation and in consultations with MPW and or MOF/DIDA. 11. Liaise closely with the in-house Project Safeguards Specialists in MOF/DIDA and MPW in reviewing the draft RAP. 12. Finalize RAP/A-RAP budget estimated in the ESMF taking on board the entitlements derived. Page 45 RMI PREP Phase 2 - Resettlement Policy Framework 13. Finalize the draft RAP following consultations proposed in (9) above, and submit finalized Resettlement Action Plan to MPW. 14. Ensure that the RAP/ARAP is translated into Marshallese for subsequent disclosure by MPW. Output/Reporting Requirements: The following outputs are required: (i) A Resettlement Plan (ii) Brief consultant’s report discussing the work undertaken, issues faced and conclusions with recommendations on how similar work can be improved in future. Include as annex a report of training conducted for MPW staff. (iii) Documentation of the consultations, noting attendees, feedback and concerns. Page 46 RMI PREP Phase 2 - Resettlement Policy Framework Annex 4: Outline of an Abbreviated Resettlement Plan An Abbreviated Resettlement Plan covers the following minimum elements: a. A census survey of displaced persons and valuation of assets; b. Description of compensation and other resettlement assistances to be provided; c. Consultations with displaced people about acceptable alternatives; d. Institutional responsibility for implementation and procedures for grievance redress; e. Arrangements for monitoring and implementation; and f. A timetable and budget. Page 47 RMI PREP Phase 2 - Resettlement Policy Framework Annex 5: ESMF and RPF Stakeholders Consultations PREP Phase 2 – RMI Stakeholder Consultations Report, 5 – 9 December 2016 Introduction – Stakeholder consultation is mandatory in the preparation of safeguards instruments for all the four safeguards policies triggered under PREP Phase 2. These policies are OP/BP 4.01 Environmental Assessment, OP/BP 3.6 Natural Habitats, OP/BP 4.11 Physical Cultural Resources and OP/BP 4.12 Involuntary Resettlement. The following report documents the consultations undertaken as part of the preparation of the Environment and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF). It describes arrangements made and executed to ensure the right stakeholders are invited, the methods of invitation and solicitation, and the presentations made plus the views, comments, reactions etc. from the participants.. Consultations specifically to discuss the draft ESMF and RPF instruments were carried out from the 5 – 9 December, 2016. Prior to that, consultations with representatives of government most pertinent to the Project were held. Target groups The following groups of stakeholders were targeted for the consultations – a. Government agencies and authorities in Majuro and Ebeye b. NGOs, non-governmental institutions and organizations, and civil society groups c. Landowners and community leaders of Ebeye, Kwajalein. d. Local community people particularly in Ebeye Methods Invitation and solicitation – All stakeholders except local community people in Ebeye were invited formally by letter a week in advance of the scheduled consultations. The list of agencies and organizations invited is given. In Ebeye, there is no radio station or local newspaper through which any invitations and or notice announcement could be made. The Police was engaged to drive around the atoll with a bull horn to inform people about the consultations, what it is about, when and where. This was done a few days before the consultations and during the day of the consultations, including right up to the time of the consultations. Schedule – The consultations for the various groups took place according to the following schedule - Stakeholder group Date and time 1. Relevant Government agencies  5 Dec, 2016; 10 am; MOF/DIDA Conference Page 48 RMI PREP Phase 2 - Resettlement Policy Framework Room 2. NGOs, civil society and  6 Dec, 2016; 2:00pm; Marshall Is Resort community at Majuro Conference Room 3. Ebeye Traditional Landowners  7 Dec, 2016; Ebeye , Community and Community Leaders entertainment centre 4. KADA and KAJUR  8 Dec, 2016; 9:30am; KAJUR office; 5. Ebeye local community  8 Dec, 2016; Ebeye – Community entertainment center Consultations Format and Presentations – Powerpoint presentations were delivered in English with translation into local language provided by Ms Abacca Maddison, Deputy Chief Secretary. There were two power point presentations made; (i) an overview of the Project including its objectives, components, institutional arrangements and funding plan, the results of the Vulnerability Assessment Study including the ‘hot spots’ for flooding and inundation, and the range of hard engineering options being consider. (ii) Presentation on the ESMF and RPF. Power point presentations on the ESMF and RPF were tailored to suit each target audience, in terms of the issues that were highlighted for which views were solicited. For instance, in the case of landowners and community leaders, the highlighted issue was land and the impacts the proposed coastal protection measures on land both temporarily and permanently. For local community people, the general design of the various options was emphasized. This provided the basis for a dialogue on possible priority areas for protection vis-à-vis ‘hot spots’ and other high risk areas, construction impacts and post-construction or long term impacts, access to the beach and sea for general use, and so on. For the agencies, the presentation emphasized the processes for environmental and social screening, and the roles and responsibilities of different agencies and organizations in ESMF and RPF implementation. The use of graphics from the Vulnerability Assessment Report showing different coastal protection options and engineering designs helped the presentations significantly. Format of landowners and community leaders consultations – Section/Topic Presented by 1. Opening Prayer  One of the participants 2. Opening Remarks and  Ms Abacca Maddison, introductions Deputy Chief Secretary, Ebeye 3. First Presentation – Overview of  Ms Jennifer Tseng, MOF/DIDA, RMI Project with focus on Component 2 – Coastal Resilience 4. Second Presentation – ESMF  Sam Sesega, ESMF/RPF Consultant for and RPF – with focus on SPC/RMI environmental and social impacts 5. Questions and answers  Sam Sesega, and Ms Jennifer Tseng Page 49 RMI PREP Phase 2 - Resettlement Policy Framework Level of Participation – The list of participants for the four consultations is appended. Overall, the key stakeholders were present in terms of agencies and organizations, and landowners and community leaders. But more was expected from NGOs, and agencies. The consultations with government agencies were attended by. MPW, NDMO, EPA and MoF/DIDA involved. Consultations with NGOs and civil organizations were attended by four organizations only. Consultation for the landowners and community leaders in Ebeye was attended by the major landowners which according to local officials was an extremely rare event. The list of participants is appended. Consultations with government agencies – 5 Dec 2016 Issues raised and discussed – Land ownership and Master Lease Kwajalein landowners and KADA a. Land is owned by three levels of traditional owners; b. Ebeye is unique in terms of the role of the traditional owners – traditional land owners are extremely powerful with considerable influence on local politicians; c. There was general concern about amending the Master Lease again to incorporate new changes. Don’t introduce new language. Concern is mainly regarding likely delays in getting the Master Lease finalized and signed. Roles and responsibilities of different agencies in ESMF and RPF a. The different roles and responsibilities were discussed and clarified; there was general agreement on the proposed roles which mirror their statutory responsibilities; b. MPW – expressed concerns about the lack of capacity for safeguards; o MOF/DIDA explained that a Safeguards Consultant will be procured and embed in MPW to assist the Ministry; o MOF/DIDA will also house the Project Implementation Unit wherein two project specialists plus a Safeguards Specialist will be placed. c. EPA – explained that the environmental screening and approval process takes between 3 to 6 months; d. Funding of compensation – who pays? Government of RMI is responsible for the compensation budget; not the World Bank. e. Role of the National Steering Committee in the ESMF – NSC has overarching oversight and is directly engaged in the Grievance Redress Mechanism to resolve any complaints which cannot be resolved at the site level, and following that, by the Secretary of MPW for Component 2 complaints, or MOF/DIDA for complaints on Components 1 and 3 activities. EPA’s process of obtaining permits for development – a. EPA explained their process in response to a NDMO question; b. It was explained that WB encourages the use of national processes except where there are differences. In such cases, the Bank’s requirements prevail. Page 50 RMI PREP Phase 2 - Resettlement Policy Framework c. The ESMF and RPF are based on the RMI laws and regulations and the Bank’s safeguards policies. NDMO – a. Expressed interest in a new NDMO center; b. Other priority needs - equipment upgrading; communication equipment and a back-up generator. c. Training of personnel a high priority. Consultations with local NGOS, civil society groups and others in Majuro, 5 Dec 2016; Marshall Islands Hotel. Issues raised – a. Outer islands communications needs strengthening. Options (i) Radionet/HF radios; (ii) FM radio; b. Maintenance of existing communication systems a major issue; c. Must have a clear Early Warning System first, then develop networks within each atolls. d. Two main focal points for outer islanders (i) NTA and (ii) Weather Service. e. Red Cross has similar network as NTA and Weather Service – have focal points in all atolls but they need communication equipment. f. MALGOV emphasized effective early warning systems based on clear communication protocol; good understanding of what different categories mean, and good awareness and education for communities; g. For Component 3, MALGOV recommends tapping into existing Red Cross Early Warning System. h. MALGOV lacks capacity in emergency response and needs strengthening in this area. Consultations with landowners and community leaders Issues raised and discussed – 1. Disaster preparedness a. Radio station is very needed in Ebeye to strengthen communication network. This is a potential activity under PREP Phase 2 Component 1; 2. National government leadership vs Local Government leadership – a. how can the local government be ensured to own more leadership on the project? From previous experience, especially the infrastructure projects, national government played a controlling role and communication and coordination with the local government was limited. 3. Master Lease – a. Does the Master Lease have to be signed for the project to start? b. The Iroij observed that everything depends on the Master Lease and it needs to be signed first before anything happens. c. Only one landowner’s signature remains; and there is general optimism that his signature would be secured in the near future; Page 51 RMI PREP Phase 2 - Resettlement Policy Framework d. Coastal protection structures are not specifically referred to in the lease; the existing easements are not likely to fit, thus new easements are required. e. A new easement along the coastline would be beneficial for PREP Phase 2 and other planned pipeline projects e.g. the Renewable Energy Project; f. A few individuals explicitly expressed unconditional support for the Project and its use of Ebeye lands. g. The three paramount landowners (Iroijs) appeared generally supportive although none explicitly expressed support. 4. Design of Component 2 coastal protection structures – a. All participants noted the best option is the revetment wall extending the whole length of Ebeye’s oceanside but also accepted it may not be possible because of costs. b. Can we have more funding to cover the whole island including Guugeegue? Gugeegue has value and seeral public assets such as the schools. In the long run, the development of Guugeegue and protecting the causeway has certain value to the people of Ebeye. We should look at the big pictureinstead of hot spots only. c. KADA explained that WB would like to see the maximum number of people benefiting from the coastal protection investment which is a significant amount of money. He noted that the Bank has to be accountable to its donors and questions around costs and population will have to be clearly answered with a cost-benefit analysis. Ebeye will have to look at alternative funding for the last 3 miles of the causeway. General comments – a. There was general agreement that this first WB project for RMI must be successful, to more easily leverage additional funds for other areas that need similar protection. b. The Iroij and Senator Mike Kabua thanked the presenters and expressed his interest in the Project. He also requested copies of the presentations. Consultations with local community (Ebeye), 8 Dec 2016 Issues raised and questions asked – Uses of the land and sea on the Oceanside - a. Kids swim on the ocean side. No one has ever died of drowning on the ocean side, whereas the lagoon side recently saw the loss of several kids to drowning. b. Women collect seashells and shellfish on the ocean side for their handicrafts. Sedimentation and other impacts from construction works will destroy this resource and affect some dependent families. Early warning and disaster preparedness a. Siren warning/bell  Development of siren warning.bell sounds for different type of disasters  Community education/awareness/workshop on understanding the siren warning  Siren warning/bell is needed at Gugeegue also Page 52 RMI PREP Phase 2 - Resettlement Policy Framework b. Police: expressing the challenge to get information disseminated and having a radio station can be very valuable; c. Communication system should cover the whole atoll and include other islands, not just Ebeye island; d. VHS system users can be trained to be included in the disaster preparedness network for early warning messages communication e. Preparedness training/education should be provided to students and teachers at schools; f. Continuous and regular preparedness training/education should be provided to the current first responders network (WUTMI, KAJUR, KALGOV, YTYIH, and others). Coastal protection a. WUTMI member – will the coastal protection infrastructure change the current at the ocean side to increase the danger? b. Women use the ocean side / reef flat to collect shells for handicrafts. Will the coastal protection infrastructure change the marine life (shellfish)? How do you mitigate? c. Easy access to the ocean is needed and should be incorporated into the design of protection structure such as steps/stairs and ramps; d. Where is the berm going to end? What’s the length? e. Side effects – who to mitigate side effects? This project should learn from the mistakes and experiences from the last seawall construction (Guugeegue causeway). f. Project should cover the entire island to prevent side effects. General comments etc. – a. Names of weto can be identified on the map; b. Marine life mapping/analysis/monitoring at the ocean side can be beneficial. Consultations with KADA and KAJUR; 8 Dec 2016 Key issue – The Project’s access to and use of land for the project; a. The latest version of the Master Lease is November 10 version; b. Easy access to the ocean should be incorporated into the Project design. The oceanside reef flat is the playground for kids in Ebeye. Steps or similar access to the ocean should be established for several locations, such as the hospital. c. Land for use of contractors use (staging areas) –  KADA will look for appropriate land. How much land is required? Can an estimate be given?  There is not much land available to choose from, for this project and others in the pipeline;  Need to get KALGOV assist by clearing all the scrap metals left on the PW’s yard and dock/stevedore area; d. Mechanism for formalizing land arrangement with MPW  Exchange of letters;  The normal administrative process of the Earthmoving Permit Page 53 RMI PREP Phase 2 - Resettlement Policy Framework  Notice to Proceed from MPW to the contractor once permit is received from EPA which would have KADA’s endorsement. Amendments to the Master Lease  New easement along the coast would be required for planned future development including those required for PREP Phase 2;  Specific reference to and inclusion of ‘coastal protection structures’ in the Master Lease would facilitate things – KADA (Carl Hacker) indicated he has already explored ‘wordings’ with the lawyer. Page 54 RMI PREP Phase 2 - Resettlement Policy Framework Annex 6: External Monitoring Indicators Type of Indicators Information Required in Monitoring and Reporting Indicators Staffing  Amount of safeguards specialist time devoted to project implementation in the field. Consultation, participation  No. of consultations and participation programmes and Grievances held with Affected Peoples’ and various Resolution stakeholders;  Types of IEC campaign materials distributed to target beneficiaries and AP’s;  Number and types of grievances received from beneficiaries and APs and the number of days taken in resolving them by various responsible Project personnel/entities as per Grievance Redress Mechanism;  Number and names of representatives who participated in the consultations and in the implementation of subprojects safeguards instruments;  Number of safeguards related training undertaken and the names and number of people participated; Operational Procedures  Types of forms used in recording the activities Process Indicators undertaken in project implementation;  Efficiency of coordination between PMU and project personnel and other stakeholders in the outer islands/field;  Type of database being maintained;  Efficiency of PMU and outer island staff in RFP implementation;  Efficiency and adequacy of compensation payment system;  Assess if the project policies in RAPs have been adequately complied with. Compensation and  The completeness of the census of affected people Entitlements and inventory of affected assets, to be implemented by MPW (via a Resettlement Specialist it will engage) to ensure all affected people, and their assets and crops are recorded fully and accurately.  Transparency in the calculation of AP’s entitlements;  Number of AP’s beneficiaries and the types of compensation received;  Indicate if the type of compensation delivered is either one-off or instalments;  Number of relocated APs provided with transportation assistance;  Assess the effectiveness and efficiency with which compensation entitlements were delivered. Page 55 RMI PREP Phase 2 - Resettlement Policy Framework Social rehabilitation  Indicate the number of women who participated in project training, consultations, and other activities;  Assess the quality of living of relocated AP’s using relevant parameters such as quality of sanitation facilities, access to clean drinking water, etc.. Issues and problems  Indicate the issues and problems encountered in the encountered implementation of subprojects safeguards requirements including implementation of ARAP or RAP as necessary, payment of compensation and entitlements and social rehabilitation of APs. Household Earning  No. of AP’s employed in sub-project Capacity  No. of APs with income generating activities linked to and either partially or fully dependent on the sub- project;  Present vs pre-project incomes of AP’s employed in Impact Indicators the subproject or otherwise benefiting from it;  Changes in the numbers of households dependent on seashells for handicrafts;  Present vs pre-project incomes of households dependent on seashells for handicrafts Health and Environment  Problems/issues related to waste management disposal and safe drinking water of relocated AP’s, and where relevant, workers camps;  Improvements on health conditions of women and children; Changes in socio-cultural  Present vs pre-project levels of women participating patterns in subproject dependent microenterprises;  Problems/issues related to impacts of influx of expatriate population Page 56 RMI PREP Phase 2 - Resettlement Policy Framework Annex 7: Draft terms of Reference for External Monitoring Agency (EMA) Background – PREP Phase 2 for Marshall Islands is a World Bank funded project aimed at strengthening the resilience of vulnerable coastal communities against natural coastal hazards such as coastal flooding and inundation from wave surges and king tides, cyclones, tsunamis and others. This goal is pursued via a range activities organized and implemented under the following four components – a. Component 1 – Institutional Strengthening, Early Warning and Preparedness; b. Component 2 – Strengthening Coastal Resilience c. Component 3 – Contingency Emergency Response, and d. Component 4 – Project Management The Project triggers the following four WB Safeguards Policies, (OP/BP 4.01 Environmental Assessment; OP/BP 4.04 Natural Habitats; OP/BP 4.11 Physical Cultural Resources and OP/BP 4.12 Involuntary Resettlement. After an initial WB screening, the Project is assigned a Category B for safeguards which means potential adverse impacts are less significant, site specific, mostly reversible and that a range of potential measures for mitigation can be readily designed in the majority of cases. To guide the preparation of environmental and social safeguards instruments to be prepared at the subproject detailed planning stage, an Environmental and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) have been prepared. The implementation of both requires close monitoring and reporting. That responsibility is assigned largely to the Ministry of Public Works (MPW) and its agents. One such agent is an External Monitoring Agency (EMA) who will monitor and report on the implementation of the RFP and any social safeguards instruments addressing impacts of all funded subprojects. Objective/Purpose of the Assignment: The objective of the assignment is to support the implementation of PREP Phase 2, a World Bank funded project for Government of Republic of the Marshall Islands. Scope of Work: The EMA will assist the MPW to monitoring and report on the implementation of the Resettlement Policy Framework, and subproject specific social safeguards instruments that would be required. The focus on monitoring and reporting is set out in the Monitoring and Reporting Indicators described in Annex 6. Detailed Tasks: Page 57 RMI PREP Phase 2 - Resettlement Policy Framework The EMA will monitor and report full on all the Monitoring and Reporting indicators described in Annex 6. Outputs and Reporting requirements –  Six monthly monitoring reports.  The EMA Monitoring Report will be submitted directly to the World Bank as part of the Progress Reports of the Project Implementing Agencies. Page 58