Emergency Assistance for Rehabilitation and Reconstruction ...

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Resettlement Plan

July 2022

Indonesia: Emergency Assistance for Rehabilitation and Reconstruction (Component : Transportation Infrastructure)

Rehabilitation and Reconstruction of Mutiara Sis Al Jufri Airport of Palu Subproject

Prepared by: Directorate General of Civil Aviation, Ministry of Transportation for the Asian Development Bank.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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CURRENCY EQUIVALENTS (as of 24 June 2022)

Currency unit – rupiah (Rp)

Rp1.00 = $0.000067 $1.00 = Rp14,838

ABBREVIATIONS

ADB : Asian Development Bank AP : Affected People AH : Affected Households CAP : Corrective Action Plan CPMU : Central Project Implementation Management Unit DED : Detailed Engineering Design DGCA : Directorate General of Civil Aviation EA : Executing Agency EARR : Emergency Assistance for Rehabilitation and Reconstruction

FHH : Female Head Households GRM : Grievance Redress Mechanism HH : Households MSAJ Airport : Mutiara Sis Al Jufri Airport IA : Implementing Agency IP : Indigenous People IR : Involuntary Resettlement MOT : Ministry of Transportation

PCO : Public Complaints Officer PIB : Public information booklet PIU : Project Implementation Units PPK : Pejabat Pembuat Komitmen – Subproject Manager PWD : People with Disabilities RCCDF : Resettlement and Customary Community Development Frameworks

RCCDP : Resettlement and Customary Communities Development Plan

RP : : Resettlement Plan

SIA : Socio Impact Assessment SPS : Safeguards Policy Statement DPZ : Disaster Prone Zone

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DEFINITION OF TERMS

Affected persons (APs)/ affected Community/ affected Households (AHs)

Refers to any person or persons, customary or local community, private or public institution who are displaced (physical or economic) as result of temporary impacts during construction, restriction on land use or on access to legally designated parks and protected areas. The affected community/ households/person are those who utilize, control, or possess the affected land or non-land objects.

Compensation

Payment in cash or in kind (e.g. land-for-land) to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market value, and any transaction costs such as administrative charges, taxes, registration and titling costs. In the absence of functioning markets, a compensation structure is required that enables affected people to restore their livelihoods to level at least equivalent to those maintained at the time of dispossession, displacement, or restricted access.

Cut-off date Refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP, regardless of tenure status. In this project, the cut-off date will be the final day of the census of APs and the detailed measurement survey (DMS) of APs’ land and/or non- land assets. APs will be informed of the cut-off date for each project component, and any people who settle in the subproject area after the cut-off date will not be entitled to compensation and assistance under the project.

Displaced Persons (DPs)

In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas (ADB IR Source Book, 2012).

Eligibility Refers to any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised. such as transaction costs, interest, on loss of residual land, loss of income sources

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or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance).

Entitlement A range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the AHs, depending on the type and severity of their losses, to restore their economic and social base.

Income/Livelihood Restoration Program

This involves re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement (ADB IR Source Book, 2012).

This is a program designed with various activities that aim to support affected persons to recover their income / livelihood to pre-subproject levels. The program is designed to address the specific needs of the affected persons based on the socioeconomic survey and consultations.

Indigenous Peoples ADB Safeguard Policy Statement 2009 Indigenous Peoples Safeguards (p. 18):

“The term Indigenous Peoples is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. In considering these characteristics, national legislation, customary law, and any international conventions to which the country is a party will be taken into account. A group that has lost collective attachment to geographically distinct habitats or ancestral territories in the project area because of forced severance remains eligible for coverage under this policy.”)

Inventory of loss The listing of assets as a preliminary record of affected or lost assets during the preparation of the RCCDP/RP where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with commercial value; etc.) and sources of income and livelihood inside the Subproject boundaries are identified,

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measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. The severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of the APs are likewise determined.

Involuntary Resettlement

Refers to physical and economic displacement as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Such displacement can be full or partial, permanent or temporary.

When the displaced persons have no right to refuse the land acquisition by the state that result in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation. (ADB IR Source Book, 2012)

Meaningful Consultation

A process that (i) begins early in the project preparation stage and is carried out on an on-going basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Rehabilitation Assistance provided in cash or in kind to project APs (especially the vulnerable) due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, to achieve, at a minimum, full restoration of living standards and quality of life.

Relocation The physical displacement of an AP from her/his pre-project place of residence and/or business

Replacement cost The value enough to replace affected assets and/or cover transaction costs necessary to replace the affected assets without depreciation for such assets as well as material advantage, taxes and/or travel expenses

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Resettlement Plan The social safeguard document that contains the policies and guidelines and time-bound action plan with budget, setting out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation

Severely affected persons

This refers to APs who will experience significant/major impacts due to (a) losses of 10% or more of their total productive land, assets and/or main income sources due to the subproject, and/or (b) relocation due to insufficient remaining residential land to rebuild.

Vulnerable groups These are distinct groups of people who might suffer disproportionately or face the risk of further marginalization due to displacement from assets and sources of incomes and they specifically include: (i) female headed households without support, (ii) disabled and/or elderly household heads, (iii) households falling under the generally accepted indicator for poverty, (v) landless households, (vi) people without legal title to land (non-land rights holders), vii) indigenous people or customary communities

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Table of Contents

ABBREVIATIONS ............................................................................................................................................ 1

DEFINITION OF TERMS .................................................................................................................................. 2

List of Figure ............................................................................................................................................... 6

List of Table ................................................................................................................................................. 7

List of Appendices ...................................................................................................................................... 8

EXECUTIVE SUMMARY .................................................................................................................................. 9

I. PROJECT DESCRIPTION ........................................................................................................................ 12

II. SCOPE OF IMPACT ............................................................................................................................... 15

III. SOCIO - ECONOMIC INFORMATION AND PROFILE .............................................................................. 43

IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ................................................. 50

V. GRIEVANCE REDRESS MECHANISMS ................................................................................................... 54

VI. LEGAL AND POLICY FRAMEWORK ....................................................................................................... 56

VII. COMPENSATION, ASSISTANCE AND BENEFITS ................................................................................... 61

VIII. RELOCATION STRATEGY ..................................................................................................................... 65

IX. BUDGET AND FINANCING OF RESETTLEMENT ................................................................................... 69

X. INSTITUTION ARRANGEMENT ............................................................................................................. 71

XI. INDICATIVE IMPLEMENTATION SCHEDULE OF RESETTLEMENT PLAN ............................................... 72

XII. MONITORING AND REPORTING ......................................................................................................... 73

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List of Figure

Figure 1.Location of Sub Project ........................................................................................................... 12

Figure 2..Satellite Photo of MSAJ Airport Palu .................................................................................... 13

Figure 3. Indigenous People Maps in Palu City .................................................................................. 14

Figure 4. Existing Official Residence .................................................................................................... 17

Figure 5. Temporary House for Affected Households ........................................................................ 17

Figure 6. Disaster Zoning Map ............................................................................................................... 60

Figure 7. Location of Official Residence (Number 5) and existing site plan ................................... 65

Figure 8. Lay out of Temporary tenant area (In-house parking area and right wing of terminal

building ....................................................................................................................................................... 66

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Figure 9. Design of Temporary Tenant ................................................................................................ 67

Figure 10. Construction Process of Temporary Tenant area and Temporary Toilets ................... 68

Figure 11. Temporary House for Ahs in Official Residence .............................................................. 68

List of Table

Table 1. Construction Area of Landside (CW2) ................................................................................... 13

Table 2. Affected Households and Address of Temporary Houses ................................................. 16

Table 3. Number and Location of Tenants ........................................................................................... 18

Table 4. Perception of Respondent regarding to the Loss of Income of Affected Tenant .......... 18

Table 5. Number of Workers .................................................................................................................. 18

Table 6. Due date of Annual Tenant Contract ..................................................................................... 19

Table 7. List of AH and Family Member (APs) ................................................................................... 19

Table 8. Vulnerable Households ............................................................................................................ 20

Table 9. Profile of Vulnerable Households ........................................................................................... 20

Table 10. Tenant Who Stop to lease stalls during construction .................................................... 21

Table 11. Summary Resettlement Impact ............................................................................................ 42

Table 12. Age Distribution of HEAD of Households .......................................................................... 44

Table 13. Age Distribution of Affected People (APs) ......................................................................... 44

Table 14. Educational Attainment of Head of Ahs .............................................................................. 44

Table 15. Education Attainment of APs ................................................................................................ 45

Table 16 Occupation of Head of Ahs .................................................................................................... 45

Table 17. Average Income of affected Households ............................................................................ 46

Table 18. Ethnicity of HEAD of Affected Households (Ahs) .............................................................. 46

Table 19. Marital Status of Affected People (AP) ................................................................................ 47

Table 20. Age of Female Affected People (AP) .................................................................................. 47

Table 21. Education of Female Affected People (AP) ........................................................................ 48

Table 22. Number of Female Business Owner and Female Operational Business Team .......... 48

Table 23. Reason to Support Project and impact of project .............................................................. 48

Table 24. Perception of Income During Temporary Relocation ....................................................... 49

Table 25. Summary of Consultation and Socialization in Planning Stage ...................................... 50

Table 26. Consultation Plan during Implementation of Temporary Relocation .............................. 52

Table 27. Entitlement Matrix for EARR MSAJ Airport Palu ............................................................... 61

Table 28. Cost Estimate for Temporary Relocation Plan ................................................................... 69

Table 29. Indicative Implementation Schedule for Temporary Relocation ...................................... 72

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List of Appendices

Appendix 1. Name of food, beverage and souvenir business in Tenant Area ............................. 74

Appendix 2. Type House, Area and No of APs of Official Residence .............................................. 75

Appendix 3. Description of Service Company in Tenant area........................................................... 75

Appendix 4. Involuntary Resettlement Screening Checklist (updated) ............................................ 76

Appendix 5. Indigenous People/Customary Communities Impact Screening Checklist ............... 78

Appendix 6. Annual Lease Price of Tenant and Due date of Contract ............................................ 81

Appendix 7. Minute of Meeting – Public Consultation in Official Residence ................................... 82

Appendix 8. Statement Letter of agreement to temporary relocation (1) ........................................ 83

Appendix 9 . Statement Letter of agreement to temporary relocation (2) ....................................... 84

Appendix 10. Statement Letter of agreement to temporary relocation (3) ...................................... 85

Appendix 11. Statement Letter of regarding agreement to temporary relocation (4) .................... 86

Appendix 12. Statement Letter of agreement to temporary relocation (5) ...................................... 87

Appendix 13. Minute of Meeting regarding stop Lease for Stalls during construction ................ 88

Appendix 14. Minute of Meeting of Temporary relocation for affected offices ............................. 89

Appendix 15 Minute of Meeting of Joint Inspection for Affected Tenant ...................................... 90

Appendix 16. Profile of Affected Household in Official Resident ..................................................... 91

Appendix 17. Profile Affected Household in Tenant Area .................................................................. 92

Appendix 18. Annual Price lease and Due date of Contract for Tenants ....................................... 93

Appendix 19. Invitation Letter of Public Consultation of Official Residence ................................... 94

Appendix 20. Picture of Affected Tenants (Food, Beverage, Souvenir) .......................................... 96

Appendix 21. Content of Public Information Booklet (PIB) ................................................................ 97

Appendix 22. Picture of Social Economic Survey (SES) ................................................................ 100

Appendix 23. Distribution of Information Brochure ........................................................................... 101

Appendix 24. Picture of Door to Door Consultation in Official Residence and Tenant Area ...... 102

Appendix 25. Picture of Socialization and Joint Inspection - affected tenants ............................. 104

Appendix 26. Picture of Moving Process of Relocation in Official Residence ............................. 105

Appendix 27. Affected Tree owned MSAJ Airport ............................................................................. 106

Appendix 28. Decree of Occupancy of Official Residence .............................................................. 107

Appendix 29. Contract Agreement between tenant and MSAJ Airport ......................................... 110

Appendix 30. Income of Ahs and Poverty Line- Palu City 2020 .................................................... 117

Appendix 31. Invitation of Coordination Meeting for affected Household in Official Residence 119

Appendix 32. Assessment on Involuntary Resettlement Policy Gap ............................................. 120

Appendix 33. Invitation letter for affected tenant ( 31 January 2022) and Picture .................... 123

Appendix 34. Statement Letter regarding to return to previous location after completion of

construction ............................................................................................................................................. 126

Appendix 35. Tentative Calculation for the loss of income ............................................................. 127

Appendix 36. Percentage of Loss of Revenue/Sales per Month During Construction based on

Tenants Perception (SES, February 2022.)............................................................................. 128

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EXECUTIVE SUMMARY 1. Project Background. ADB approved the Emergency Assistance for Rehabilitation and

Reconstruction (EARRs) in June 2019 to support the Government of Indonesia in reconstruction of the critical infrastructure damaged by the devastating natural disasters occurred in Palu and its surrounding areas in Central Sulawesi Province on September 2018. One of EARR’s subprojects is the reconstruction and rehabilitation of the Mutiara Sis Al Jufri Airport in Palu, that severely damaged by the disaster.

2. The rehabilitation and reconstruction of the MSAJ Airport is expected to support the following: i) detailed Design preparation and Construction Supervision; ii) rehabilitation of runway to enhance safety and operability; iii) rehabilitation/reconstruction of terminal building and other supporting infrastructure facilities; and iv) prepare emergency response plan and provide capacity building for the related stakeholders. The project is categorized B for IR (no significant impact) and category C (no impact) for IP.

3. Reason for the resettlement plan. Rehabilitation and Reconstruction of MSAJ Airport Palu

affects to temporary relocation for 57 tenants consist of 43 affected households (204 family member) and 14 service companies in the airport terminal building and 34 households (138 family members) who stay in official residential of MSAJ Airport Palu. Considering the temporary relocation that potentially economic displacement, the project require a Resettlement Plan (RP) refer to the Resettlement and Customary Communities Development Framework (RCCDF).

4. Sub Project Description. The subproject includes two packages, i.e., airside works (CW

1) and land side works (CW2). land side work CW 2 are including (i) Rehabilitation and Reconstruction of Terminal Buildings, Flight Accident and Fire Fighter Relief Buildings (PKP-PK), Cargo Building, Multipurpose Building, Entrance Gate Planning and Rehabilitation of the Official Residences.

5. Scope of Impact. The rehabilitation and construction of land side work (CW2) will affect 77

AHs/342 APs that shall be temporary relocated due to the rehabilitation activity. The AHs consist of 34 households living/occupying the official houses and 57 tenants who rent kiosk/ space in terminal building for business. MSAJ Airport will provide temporary houses and kiosks and facilitate relocation for both affected residents and affected tenants during the rehabilitation period (estimated for 6 months). Total 11 of 34 affected resident HHs have been relocated in the end of January 2022, while the remaining 23 affected resident HHs will be relocated in the August 2022. After rehabilitation completed, the AHs will be allowed to return to the rehabilitated houses. Project will provide mode of transportation to help relocation process. According to the DMS and SES, 10 AHs/tenants are identified as severely AHs and one AH is identified as vulnerable AHs.

6. Socioeconomic information and Profile. Social and Economic Survey (SES) is carried

out census to all AHs in 17-23 February 2022 and 4 -18 April 2022. The objectives of the SES were to obtain socio-economic profiles of the AHs regarding the demographics, education, labor, livelihoods, income, expenditure, asset ownership, living conditions, access to public facilities, and to record their perceptions on the project. No indigenous peoples exist and are triggered by the project.

7. Information disclosure, Information and Consultation. During preparation of temporary

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relocation, consultation and information disclosure activities were carried out. Information Brochure were distributed through APs meetings and will distribute updated PIB during RP implementation (Content of updated PIB in Appendix 21). In addition, RP approved by ADB will be disclosed in ADB website and MoT Website. The Summary of consultation meetings in preparation stage is presented in table. 26.

8. Grievance Redress Mechanism. The complaint system Mutiara Al-Jufri Airport can be

done using three ways, such as telephone, email, and airport website. In addition, other complaint systems have been done verbally and submitted to contractor, PIU, or local authority (head of Village, RT/RW). GRM Focal Person of PIU and Contractor have been appointed.

9. Legal Framework. This RP is prepared based on the principles and procedure set forth in

Resettlement and Customary Communities Development Framework (RCCDF) for EARR Project. That was prepared based on Indonesian legal framework on land acquisition and involuntary resettlement and ADB safeguard policy statement (SPS 2009). Act No. 2/2012 on Land Acquisition for the Development for the Public Interest and its implementing regulations is the main regulation applied for the project and considering new Government law and regulations that were issued by Government in 2020, i.e Law No. 11/2021 on Job Creation and Government Regulation No. 19/2021 on the Implementation of Land Acquisition for Development for Public Interest. Regulation No. 19/2021 (article 18 (2) ) re-emphasized the entitle parties will includes: (a) the holders of land rights; b. the holders of land rights to manage; c. nadzir for the waqf land;

d. the holder of former land right

evidence; e. customary communities; f. the parties occupying the state land in good faith; g. land tenure holders; and/or h. the owners of buildings, plants or other objects related to the land. Assessment on Involuntary Resettlement Policy Gaps is appendix 32.

7. Compensation, Assistance and Benefits. An entitlement matrix and its applications are

provided in this RP. It covers the compensation and types of assistance to be provided to

APs who will be affected by temporary relocation and appropriate assistance for the SAHs

and VAHs. The entitlement matrix has been developed in consultation with the APs and

relevant agencies during the RP preparation.

8. Relocation Strategy. MSAJ Airport was committed to provide houses for temporary

relocation of 34 AHs living in the official houses. Location of temporary relocation houses

are within radius 100-300 m from their existing houses, still MSAJ Airport area. . MSAJ

airport will provide temporary relocation shops/business place for 43 tenants AHs, located

within a radius of 200-500 meter from terminal building (in-house parking – south side of

terminal building and right wing area of Terminal Building). 14 affected company services

are provided with temporary relocation in operation building of MSAJ airport located within

a radius of 200-300 meters from the terminal building. The affected shops will be

demolished after the temporary shops is constructed completed with public facilities,

therefore loss of business income will be minimized. Relocation basically will be conducted

after RP is approved, except 11 AHs living in the official houses which have been relocated

in January 2022 due to safety consideration1. Consultations were conducted to the 11 AHs

1 The 11 house structures have been badly damaged, it is feared that they will collapse and endangered the occupants

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prior to the relocation. Project provides mode of transportation to help relocation process of

AHs.

9. Affected tenants provides two options, i.e. (i) continue renting stall/kiosk/ in temporary relocation with adjusted leasing price. Adjustment of lease price will consider the size and facilities of shop in temporary relocation (ii) stop renting the temporary shop during the rehabilitation and will continue renting the rehabilitated kiosks after terminal is rehabilitated. 10 tenants HHs chose not to rent kiosk in the temporary relocation site and 47 tenants chose to rent. .

10. Budget and Financing of Resettlement. The budget for mitigation of resettlement impact have been allocated under MSAJ Airport Palu/MOT and PIU for coordination meeting and the project budget for moving cost, construction of temporary tenant and loss of income. The total of indicative budget for temporary relocation is IDR 327.470.000 . The detail is provided in table 28.

11. Institutional Arrangement. The PIU assisted by the social safeguard specialist of the

Design and Supervision (DSC), will be responsible to implement RP. Monitoring and reporting of the RP Implementation will be prepared by PIU and submitted to ADB .through semiannual social monitoring report. Contractor will support for moving items during

relocation and construction of temporary stalls. Focal Persons for Social Safeguards of PIU and social safeguard consultants are responsible for reviewing the safeguard document and if necessary, updating the social safeguards plans.

12. Indicative Implementation Schedule of Resettlement Plan. 11 Ahs of 34 Ahs in official

Residence have been relocated in January 2022. The remaining 23 Ahs in Official Residence and 57 affected Tenants will be temporary relocated in August 2022 expected to be completed in December 2022.

13. Monitoring and Reporting. Monitoring report of RP will be prepared through semiannual monitoring report and quarterly progress report that prepared by PIU DGCA and assisted by DSC. These reports will to be submitted to ADB.

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I. PROJECT DESCRIPTION

A. Project Background

1. ADB approved the Emergency Assistance for Rehabilitation and Reconstruction (EARR) in

June 2019 to support the Government of Indonesia in reconstruction of the critical infrastructure damaged by the devastating natural disasters occurred in Palu and its

surrounding areas in Central Sulawesi Province on September 2018. One of EARR’s

subprojects is the reconstruction and rehabilitation of the Mutiara Sis Al Jufri Airport in Palu,

that severely damaged by the disaster.

2. The rehabilitation and reconstruction of the MSAJ Airport is expected to support the

following: i) detailed Design preparation and Construction Supervision; ii) rehabilitation of

runway to enhance safety and operability; iii) rehabilitation/reconstruction of terminal building and other supporting infrastructure facilities; and iv) prepare emergency response plan and

provide capacity building for the related stakeholders.

B. Sub Project Location

3. Mutiara Sis Al Jufri (MSAJ) Airport located in North Birobuli Village, South Palu District, Palu City, Central Sulawesi Province. MSAJ Airport is about 6 km away from the city centre. Geographically, it is located in 00 55 ' 6.75 'South Latitude and 119 0 54' 34.71' East Longitude with an altitude of 87 meters above sea level. Area’s boundary of MSAJ Airport is as following:

North Side : Lasoani Village (Kelurahan), Mantikulore Sub-district South Side : Petobo Village (Kelurahan), Palu Selatan Sub-district East Side : Lasoani Village (Kelurahan), Antikulore Sub-district West Side : North Birobuli Village (Kelurahan), Palu Selatan Sub-distric

Figure 1.Location of Sub Project

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C. Sub Project Description

4. The subproject will include two packages, i.e., airside works (CW1) and land side works

(CW2). Temporary relocation is impacted by CW 2 work. Descriptions of land side work CW

2 are as below :

(i) Rehabilitation of Terminal Buildings

(ii) Reconstruction of Flight Accident and Fire Fighter Relief Buildings (PKP-PK),

(iii) Cargo Terminal Development

(iv) Multipurpose Building Planning

(v) Entrance Gate Planning

(vi) Rehabilitation of the Official Residences

5. Construction and rehabilitation area for landside area 21.440 M2 as shown in table below :

Table 1. Construction and rehabilitation of Area of Landside (CW2)

No Work Item Location Total Area (M2)

1

Terminal Ground Floor

Curb side 5.159

Building 7.971

STP Terminal Ground Floor 139

MPH Building Ground Floor 667

2

PKP -PK Ground Floor

Garage 432

Building 503

GWT PKP -PK Ground Floor 77

3 Entrance Gate Ground Floor 442

Figure 2..Satellite Photo of MSAJ Airport Palu

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No Work Item Location Total Area (M2)

4 Cargo Building Ground Floor 3.637

Cargo Agent Ground Floor 917

5 Multipurpose Building Ground Floor 1.496

6 Official Residence 37 Unit 1. 630

TOTAL 21.440

Source: Final Design Report CW 2 – Jan 2022

D. Involuntary Resettlement and Indigenous People Screening

6. According to the updated subproject screening for Involuntary Resettlement (IR) confirmed

that the MSAJ Airport rehabilitation and reconstruction does not require land acquisition (the

land has been acquired). However, it was identified that 57 tenants and 34 households will

be temporarily relocated during the rehabilitation works. Therefore, the subproject is

category B for IR and RP is prepared.

7. There were no Indigenous People identified within the area around MSAJ Airport. Project

area is not located in an area with IP communities as stated in CC Map of BRWA

(Indigenous Territories Registration Body) (Figure 3) and confirmed by Social Office Palu

City. The nearest Location IP Kaili in Talise Village – Palu City, 7,5 Km from MSAJ Airport.

Therefore, the project is category C for IP. Most of Ahs in Tenants area are Kaili Ledo and

Most of Ahs in Official Residence are Bugis and Makasar. The rest have ethnicity of

Gorontalo, Java, Bali and Sunda (See table 19). The IR and IP screening in Appendix 4 and

5).

Note: Blue Color : Registered Status, Green Color : Verified Status, Red/Pink color : Certified Status .

(Source: https;/brwa.or.id/ Indigenous Territories Registration Body )

Figure 3. Indigenous People Maps in Palu City

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II. SCOPE OF IMPACT

A. Methodology Inventory of Losses (IOL) .

8. Inventory of Loss (IOL)) was conducted in 29 December 2021 and 17-23 February 2022 by

census. Objective of IOL is to identify (i) the affected entitled parties, the number of family members and the name (ii) location and lost tenure status and functions; (iii) the lost affected structures area, building function (iv) affected trees, or other objects associated with the affected land (v) number and category of loss of fixed assets; and temporary losses of productive assets including economic loss, such as loss of business income, employment, profession shift, and the cost of removal.

9. IOL was carried out through interview with Ahs and key informant of MSAJ Airport such as

Staff of Asset Management Division, Division of Partnership, Operational Division of MSAJ Airport. In addition, joint survey was conducted to complete the data of losses.

10. Due diligent for 11 relocated Ahs in official residence was done through methodology as

following a. Interview with 11 HH to identify number of family, loss of structure, or loss of

other objects associated with the affected land, number of temporary losses of productive assets including economic loss, such as loss of business income, employment, profession shift, and the cost of removal.

b. Interview with key Informant such as Asset Management Division MSAJ Airport

Palu

c. Public consultation with distribution of information Brochure (Public Information

Brochure) to confirm temporary losses and cost of removal.

11. Social Impact Assessment (SIA) was conducted to identify any individuals and groups who are likely to be differentially or disproportionately affected by project due to their vulnerable status (VAH) and losses of community-owned facilities. SIA was conducted through the screening of IR and IP, IOL and SES.

A. Impacts on official houses residents 12. Number of AHs/APs. Reconstruction of official residence affect to temporary relocation

for 34 household with 138 Affected people/family member during reconstruction/rehabilitation (see Table 7).

13. Loss of structures. Refer to final DED, 37 of 50 official residence will be reconstructed. No affected structure was owned by Ahs. All houses, structures and land are owned by MSAJ Airport with legal tittle. Asset have been recorded in Asset Owned by State (Barang Milik Negar) MSAJ Airport. All of affected houses are used for residence of civil servants of MSAJ Airport Palu and his/her family.

14. Most of house condition is old buildings since they were built by MSAJ Airport in year

1985 (37 years). Demolition of building has been recorded by Asset Management Division of MSAJ Airport. Type House, Area and Number of APs of Official Residence is in appendix 2.

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15. Loss of trees. No affected tree owned by AHs. However, 52 tree owned by MSAJ Airport Palu in area of official residence are affected by the project. Project were replanted/ relocated 45 trees in garden park near terminal building and 7 trees were cut down and will be replaced by new tree planting. (name of affected tree is in appendix 27).

16. Loss of business income. No impact regarding business income of affected households

in official residence. All Ahs are Civil Servants of MSAJ Airport. 17. Due Diligence of 11 AHs have been relocated During 23-30 January 2022, 11 of 34

AHs in Official residence have been relocated. Initial assessment, consultation meeting, distribution of Public Information Brochure has been conducted during December 2021 and 7-20 January 2021. Detail Public consultation for HH in Official Residence is in Chapter IV (Information Disclosure, Information and Participations).Detail Ahs agreement of temporary plan is in chapter VIII Relocation Strategy.

18. Temporary Relocation for 11 AHs have been conducted prior RP preparation is caused

severe damage of structure of 11 houses of official residence. Structure damage can be safety hazard to occupants (Collapsed building). Work schedule is adjusted to response this condition.

19. Name and address AHs who have been moved to temporary houses as shown in table

below. Picture of moving process in appendix 26.

Table 2. Affected Households and Address of Temporary Houses

No. Name Head of Households Address of Rehabilitated Residence

Address of the Temporary Relocation

1 Muh Ali Imran /Sukriani Blok B2 Type 48 Block A3

2 Alie Dharma Prasetyo/Orlin Blok D9 Tipe 36 Area Cargo

3 Wardi Wasir/Mukti Novia Blok B10 Tipe 50 Area Cargo

4 Yusup Kasim/Mita Blok C8 Tipe 36 Mess UPBU Palu

5 Febri Eko Kurniawan/Dewi Blok B11 Tipe 90 Mess UPBU Palu

6 Ricardo Swardika Kolh/Novi B13 Type 50 Mess UPBU Palu

7 Hasrun upid Arif/Adinda Blok A2 tipe 70 Area Cargo

8 Yunus Panto/Jully Blok 11 tipe 50 Mess UPBU

9 Hasan/Femilian Lakoro Blok C9 type 36 Blok A

10 Irfan B/Hanifa Blok C7 Tipe 36 Blok A1

11 Hassan Muhammad/Minawati Blok C10 Tipe 36 Area Cargo

17

Figure 4. Existing Official Residence

B. Impacts on tenants

20. Number of AHs/APs and affected companies. 57 tenants will be temporarily relocated

during rehabilitation of terminal building of MSAJ Airport. 57 tenants consist of 43 food and beverage business (café, canteen, shop) owned by 43 Ahs (204 Aps) and 14 big companies. Name of 43 Tenant and description of 14 service companies in Appendix 1 and 3.

21. Consultation meeting with 14 Service companies has been carried out as described in chapter IV Information Disclosure, consultation and participation. 14 Service companies have been agreed to relocate in operational building during rehabilitation and stated their opinion that there will not affect to their business income during temporary relocation. Result of consultation meeting is in appendix 14 (Minute of Meeting Public Consultation Regarding to Temporary relocation affected Office)

22. Loss of structure. There is no affected structure owned by affected tenants. All structures

in the tenant area are owned by MSAJ Palu Airport. Total of tenant area is 842.89 M2 as described in table below :

Figure 5. Temporary House for Affected Households

18

Table 3. Number and Location of Tenants

NO Location Number of tenant

Area (M2)

Type of business

Big Company

Food And Beverage, souvenir

Total

1 1st Floor (inside)

16 163,27 2 14 16

2 Ground Floor (inside)

11 115,42 0 11 11

3 Lobby 30 564,2 12 18 29

Total 57 842,89 14 43 57

23. Loss of trees. There is no affected tree in tenant area 24. Perception of respondents regarding the Loss of business income. Estimation of loss

of business income was collected based on the SES carried out to tenants AHs. The average daily sales are around IDR. 200.000 – IDR 400.000. Only 31 of 43 tenants AHs answered the question about the estimated average sales decline due to the rehabilitation activities (when they sell at the temporary kiosks ) : (i) 21 tenants (68%) stated that the average sales decline is less than 10% and (ii). 10 tenants (32%) stated that the income will decline 10%-20%. These ten tenants are tenants who stop business at terminal and not rent the temporary shops. Please see table below:

Table 4. Perception of Respondent regarding to the Loss of Income of Affected Tenant

Loss of Income (%) No. Respondent /tenant %

< 10% 21 68%

>=10%-20% 10 32%

>20% 0 0%

31 100% Source : SES - February 2022 and additional interview 16 April 2022

25. Loss of jobs. 31 of 43 tenants stated they manage the business with the family and 12

tenants said that they recruit workers to assist them in running the shops. All of the workers can continue work at the shops at the temporary area. NO loss jobs are considered.

Table 5. Number of Workers

Operational Team Male Female Total

Family 9 22 31

Employee – formal recruitment 0 12 12

Total 9 34 43

% 21% 79% 100%

19

26. Rental Arrangement for Tenants. Business owners rent space at the airport based on a rental agreement which is renewed annually with the rental fee is made every three months. The remaining rental fees at the previous shop (if any) will be considered for rental fee reduction in the new area. Table 6 shows ending period of rental agreement. Ten (10) tenants will temporarily stop renting the shops during the rehabilitation period and will continue renting after the rehabilitation is completed. The 10 tenants will focus to their similar business in other places in Palu City outside the Airport (some AHs have more than one business activities outside). MSAJ Airport Palu/ UPBU Policy guarantees that all of 10 tenants will be allowed to rent the shops in the rehabilitated terminal (after rehabilitation completed). The final amount of rental fee reduction will refer to the discussion and agreement between tenants and MSAJ airport.

Table 6. Due date of Annual Tenant Contract

No Due date of lease contract / End Of Contract Of tenant Number of Tenant

1 Jun-22 1

2 July 2022 2

3 Augustus 2022 1

4 Oct 2022 3

5 Sep-2022 3

6 Des 2022 37

7 February 2022 . Tenant will stop temporary to lease stalls/shop/space in tenant area during rehabilitation and will continue after rehabilitation

completed

10

Total 57 Source: UPBU MSAJ Airport, February 2022 and additional interview with tenant ,16 April 2022

Description of Ten (10) Tenants who will stop temporary to lease stall/shops/space during rehabilitation is in table 10.

27. The following table provides total number of AHs and APs based on the SES and IOL

Table 7. List of AH and Family Member (APs)

AH Category Total Ahs

Family Member (Person)

Total Family

Member (person)

Average

Family

Member

/HH Male Female

AH in Official Residence 34 61 77 138 4,05

AH in Tenant Area 43 110 94 204 4,74

Total 77 171 171 342 4.44

Source : SES , Febr 2022

20

C. Identification of Severity and Vulnerability and Gender Strategy 28. Vulnerability. Refer to RCCDF, May 2019, definition of vulnerable group are distinct

groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement and specifically include: (i) female headed households without support, (ii) disabled and/or elderly household heads, (iii) households falling under the generally accepted indicator for poverty, (v) landless households, (vi) people without legal title to land (non-land rights holders), vii) indigenous people or customary communities.

29. Result of analysis of AHs, 1 Ahs /3 Aps are considered as vulnerable affected house (VAHs) are being single parent of female headed households in tenant area (see table 10.).

Table 8. Vulnerable Households

Name AHs

Category vulnerability

Poor * HHs

Women Headed

HH

Elderly HH

Disabled HH

Landless IP (Kaili ethnic)

Non land right

holders Total

Official Residents

0 0 0 0 0 0 0 0

Tenants 0 1 0 0 0 0 0 1

Total 0 1 0 0 0 0 0 1 Note . Vulnerable Households refer to Table 20

Table 9. Profile of Vulnerable Households

Name Address Occupation Age Avenge Income /Month

Number APs/Family Members

Status

HJ Johani

Besusu Barat Palu

City

Business women/Civil

Servant

56 15.000.000 3

Single Parents

30. Severely AHs. 10 business in tenant area will be affected to 10% loss of income. 10 of 43

tenant does not continue lease stalls during rehabilitation and will continue lease after rehabilitation completed. (see the table 10) . Number of severely AHs will be validated by MSAJ Airport based the trend of declining revenue/sales that indicated based on the monthly sales report for the last six months (January- June 2022) that submitted to MSAJ Airport. Severely affected households is described in the table below :

21

Table 10. Tenant Who Stop to lease stalls during construction (not rent kiosks at temporary relocation site)

No Temporary stop to lease the tenant

area Owner AP

Reason temporary stop to lease the tenant area

Annual Lease of tenant (IDR)

Average of Daily Revenue

(IDR)

Loss 10% of Total

Income

1 Ebony Café I Nyoman S

5 Focus on developing other business branches .One of Branch of Ebony cafe is in Golden Palu Hotel

138.136.320 300.000- 950.000

Yes

2 Kantin Anugerah Serli 5 Focus to expand the online food Business in some school canteen in Palu.

34.801.200 250.000- 750.000

Yes

3 Batik Banava 01 Rendi 5

Focus on developing workshop and gallery in Jln Pue Janggu RT 004/RW 002 ,Ganti Village, Banawa-Donggala

34.801.200 300.000- 800.000

Yes

4 Browyaku Arman Johara

5 Focus on Developing business branch in Jln Hangtuah Talise,and Jln Sisingamaraja Besusu –Palu city

20.785.200 300.000- 700.000

Yes

5 Coklat sulteng Agung/ 4 Focus on developing online shop 13.582.080 200.000- 900.000

Yes

6 H&C (sabrina Kantin)/bakso

Rasud 3 Develop the other business Fashion Import Business in Jl Bayoage Palu City and other place

22.293.720 300.000- 850.000

Yes

7 Roti O Ali susanto

4 Focus on developing other business branches in Grand Mall Palu and other place in Palu City

34.966.104 200/000-900.000

Yes

8 Roti Boy Fatma/ Agung

4 Focus on developing other business branches in Palu City

60.065.040 250.000- 950.000

Yes

9 Kantin 3 Bidadari Aman 5 Focus to expand the online food business

19.537.200 200.000- 750.000

Yes

10 Kantin Rezki Rasyid/ Ros

4 Focus to expand the online food business and catering

19.112.400 200.000- 750.000

Yes

Total 44 398.080.464

Source: SES February 2022 and additional interview, 16 April 2022

42

D. Potential impacts during construction (after area clearing)

31. Any temporary impact on land or non-land assets owned by households and local community etc. caused by the contractor during construction is the responsibility of the contractor. If cash payment is needed, because the contractor causes the impact that is beyond what was already compensated within the Corridor of Impact, then it should be at full replacement cost. As per the entitlement matrix set forth in the RCCDF, any new AHs/APs identified during construction shall be entitled to the same or upgraded entitlements as those of the APs in this RP. Tabel 12 below presents the summary of resettlement impacts caused by the subproject.

E. Summary of impacts 32. The following table provides the summary of impact based on the SES and IOL of APs

Table 10. Summary Resettlement Impact

No Aspect Unit of

Measure Quantity

1 Affected HH HH 77

2 Affected Person People 342

3 Affected Structure M2/Unit 2.473 m2/94.

4 Number of affected businesses Household 43

Company 14

5 Vulnerability and severely Analysis

Vulnerable group total AHs/APs 1/3.

Women Headed Households AHs/APs 1/3.

Elderly Headed HHs AHs/APs 0

Disable Headed HHs AHs/APs 0

Income under Poverty line AHs/APs 0

Landless Households AHs/APs 0

Non land right holders AHs/APs 0

Indigenous People AHs/APs 0

6 Severely impacted include

10% income loss AHs/APs 10/44*.

Relocating APs (permanent ) AHs/APs 0

Tenant Not continue to lease stalls during temporary relocation

Unit/ AHs 10/10*

Note * final no of SAHs will be validated by MSAJ Airport

43

III. SOCIO - ECONOMIC INFORMATION AND PROFILE A. General Information of Social – Economic and Community Health of Palu City

33. This section provides a summary of socio-economic information about the area and people

that potentially affected by the subproject EARR-Airport construction. The general demographic data include the areas of the Palu city that affected by resettlement. More detailed information was gathered from the socio-economic survey (SES) of affected households.

34. Based on Palu in Figure 2020, that populatIon of Palu city in September 2020 was 373.218 people,71,31% is in the productive age ( 16-64 years old) , 49, 8% are women ( 185.839 ) and 50, 2% are man (187.509 ). Population growth of Palu city is 5 bigest growth population in Central Sulawesi province (1,01 %/).

35. Majority of Palu Resident work in agriculture sector. However residents who live in arround

airport work as busisnesman/women and employee. In Birobuli utara – nearast village from airport, most of residients are Civil Servant and employee (92%). (Source: Birobuli Utara Village Profile 2019). Most of resident etnicty who live arround airport is Kalili Ledo ethnic.

36. Nine (9) traditional market is located in Palu City. Traditional market is the important area of

economic activities for most of Palu city resident. One of Nine (9) tradisional market located in Lasoani Village , 3 Km from MSAJ Airport Palu.

37. There are 14 Hospitals and 14 Health Center in sub district level. These health facilities can

be reached from airport in 15-45 minutes by car. 38. Most resident in Palu city use water for cooking and washing from PDAM (Water Drinking

Company owned by Local Government) and water for drinking from refill drinking water . Earth well and boreholes are still used by some of resident in rural area.

B. Socio-Economic Profiles of Affected Households

39. Methodology. The socioeconomic survey (SES) is conducted to describe a profile of

demographic and socioeconomic conditions of people affected by the subproject. It has been

carried out through a household survey that applies gender balance in the selection of

respondents. Interview with respondent /APs was conducted in 29 December 2021 and 17-

23 February 2022 by census. To complete the qualitative data, discussions and Interview

with key informants have been carried out such as interview with Head of Partnership Division

of MSAJ Airport Palu, Asset Division of MSAJ Airport Palu, and Operational Office MSAJ

Airport Palu that were conducted in December 2021, January – February 2022 and 15-17

April 2022

40. Age. All Head of Ahs are below 60 years old (productive age). Most of Head of HH are 41-50 years old.

44

Table 11. Age Distribution of HEAD of Households

Age Category

(years old )

Head of AH in Official Resident

Head of AH of Tenant Total Ahs

M F Total % M F Total % M F Total

<20 0 0 0 0% 0 0 0 0% 0 0 0

20-30 0 0 0 0% 0 0 0 0% 0 0 0

31-40 20 1 21 62% 5 0 5 12% 25 1 26

41-50 12 0 12 35% 28 0 28 65% 40 0 40

51-55 1 0 1 3% 9 0 9 21% 10 0 10

56-65 0 0 0 0% 0 1 1 2% 0 1 1

>65 0 0 0 0% 0 0 0 0% 0 0 0

33 1 34 100% 42 1 43 100% 75 2 77

(Note : M: Male, F: Female)

41. Most APs age are below 20 years old (37%/ 127 prs ) and the remaining 215 APs are in

productive age ( >20 - <65 years olds). 56% APs are male and 44% are female. There is no APs above 65 years old.

Table 12. Age Distribution of Affected People (APs)

Age

Category

(years old)

APs in Oficial Residence APs in Tenant Area Total AP

M F Total % M F Total % M F Total %

<20 39 30 69 50% 25 33 58 28% 64 63 127 37%

20-30 2 0 2 1% 47 14 61 30% 49 14 63 18%

31-40 20 19 39 28% 3 3 6 3% 23 22 45 13%

41-50 14 13 27 28% 31 33 64 31% 45 46 91 27%

51-55 1 0 1 1% 8 6 14 7% 9 6 15 4%

56-65 0 0 0 0% 0 1 1 0% 0 1 1 0%

>65 0 0 0 0% 0 0 0 0% 0 0 0 0%

Total 76 62 138 100% 114 90 204 100% 190 152 342 100%

% 55% 45% 100% 56% 44% 100% 56% 44% 100% Note : M: Male, F: Female

C. Educational Attainment 42. Most of Head of Affected Households graduated from Diploma /University (69 prs/ 90%)

and 10% ( 8 prs) graduated from Senior High School. There is No Head of AHH graduated

from elementary and junior high school as shown in table below :

Table 13. Educational Attainment of Head of Ahs

School Category

Head of AHH in Official Resident

Head of AHH of Tenant Total Head of AH

M F Total % M F Total % M F Total % Elementary school 0 0 0 0% 0 0 0 0% 0 0 0 0%

45

School Category


Head of AHH of Tenant Total Head of AH

M F Total % M F Total % M F Total % Junior High School 0 0 0 0% 0 0 0 0% 0 0 0 0%

Senior High School 0 0 0 0% 7 1 8 19% 7 1

8 10%

Diploma /University 33 1 34 100% 35 0 35 81% 68 1

69 90%

Total 33 1 34 100% 42 1 43 100% 75 2

77 100%

Source : SES , Febr 2022/ Note : M: Male, F: Female

43. Most of APs are graduated from Senior High School (37 %/ 126) consist of 88 male and 38

female. Most of female APs are graduated from Senior High School.

Table 14. Education Attainment of APs

Age

Category

(years old)

APs in Oficial Residence APs in Tenant Area Total AP

M F Total % M F Total % M F Total %

<20 39 30 69 50% 25 33 58 28% 64 63 127 37%

20-30 2 0 2 1% 47 14 61 30% 49 14 63 18%

31-40 20 19 39 28% 3 3 6 3% 23 22 45 13%

41-50 14 13 27 28% 31 33 64 31% 45 46 91 27%

51-55 1 0 1 1% 8 6 14 7% 9 6 15 4%

56-65 0 0 0 0% 0 1 1 0% 0 1 1 0%

>65 0 0 0 0% 0 0 0 0% 0 0 0 0%

Total 76 62 138 100% 114 90 204 100% 190 152 342 100%

% 55% 45% 100% 56% 44% 100% 56% 44% 100% Note : M: Male, F: Female

D. Occupation.

44. Most of AHs works as businessman /women or entrepreneur (56%/43 prs ) and 44% (34 prs) as the civil servant , as described in table below :

Table 15. Occupation of Head of Ahs

Occupation


Head of AHH of Tenant TOTAL

Male Female Total Male Female Total Male Female Total %

Business/Entrepreneur 0 0 0 42 1 43 42 1 43 56% Civil Servant 34 0 34 0 0 0 34 0 34 44% 34 0 34 42 1 43 34 43 77 100%

46

45. Average income of head of AH is IDR. 7.747.179 /month. Detail income per HH is in Appendix 16 Profile of Affected Household in Official Resident and Appendix 17. Profile Affected Household in Tenant Area

Table 16. Average Income of affected Households

Affected Households Average income /month (IDR)

Official Residents 6.389.706

Tenants 9.104.651

Average income of all Ahs 7.747.179 46. Income per capita of AHH. Household economic and poverty condition can be seen through

the variables of total income /month divide by number of household members (income per capita) to be compare with the regency poverty level. Palu City Poverty line is IDR 559,000 per capita per month (Statistic Bureau of Palu (BPS) , 2020). Refer to the Data SES, average family member for each HH is 4.4 persons/HH with average income IDR 7.747.179 /Months. All of AHS are not poor or above of poverty line. Detail income for each HH compared to the poverty line is in appendix 30.

F. Ethnicity.

47. 39% (30 Head of AHH) are Kaili Leddo ethnic group, 25% are Bugis and 18% are Gorontalo

(hulantalo)

Table 17. Ethnicity of HEAD of Affected Households (Ahs)

Ethinicity Aps in Official Residence APs in Tenant Area Total AP

Prs % Prs % Prs %

Kaili Leddo-Non IP 0 0% 30 70% 30 39%

Bugis 13 38% 6 14% 19 25%

Makassar 3 9% 1 2% 4 5,2%

Gorontalo (Hulantalo) 13 38% 1 2% 14 18,2%

Jawa 5 15% 1 2% 6 7,8%

Bada Poso 0 0% 1 2% 1 1,3%

Manado (Minahasa) 0 0% 2 5% 2 2,6%

Betawi 0 0% 1 2% 1 1,3%

34 100% 43 100% 77 100%

48. Clarity of Kaili Leddo ethnicity. Interview with Social Office – Palu City in January 2022 have

been carried out to get further information regarding identify the status and influence of Kaili ethnicity in Palu City. The Summary of interview stated that the most of Ethnicity in Palu City are Kaili Leddo. They are already mixed with the other tribes and adopt the modern lifestyle and no longer carry out customary rituals. Most of village leader in Palu city is from Kaili Leddo ethnicity. In Addition, Project area is not located in an area with IP communities as stated in CC Map of BRWA (Bureau for Ethnic Area Registration) (See Figure 5)

47

G. Marital Status .

49. 155 APs (45 %) have been married and 186 APs are not married yet (54%) and 1 AP (0,3%)

is single parent.

Table 19. Marital Status of Affected People (AP)

Marital Status

Aps in Official

Residence APs in Tenant Area Total AP

Prs % Prs % Prs %

Married 66 48% 89 44% 155 45%

Not yet married 72 52% 114 56% 186 54%

Single Parent 0 0% 1 0% 1 0,3%

138 100% 204 100% 342 100% H. Sanitation and Health Condition 50. Sanitation. All respondent access clean water for cleaning, washing, cooking from municipal

water/PDAM (100 %) and use refill water for Drinking water

51. All respondents stated the fuel for cooking use LPG and Government Electricity (PLN) is used for house lightening.

52. Health status. The Census identified the APs often experiences common fever and headache and diarrhea. Only two Responded state they have chronic illness Diabetes and high tension. All respondents do not go to the doctor/ medical center when they get fever, caught or diarrhea but if the sick is getting worse , they go to doctor/health center.

I. Gender Context 53. In term of gender in the sub project, it is expected that women, children and people living with

disabilities and elderly can participate planning process and implementation of RP.

54. 44% (152 Prs) APs are women. Based on Result of SES, 89 of 152 female APs are productive age and most of female APs are graduated from Senior High school.

Table 18. Age of Female Affected People (AP)

Age Category (years old ) Age Female APS

Person %

<20 63 41%

20-30 14 9%

31-40 22 14%

41-50 46 30%

51-55 6 4%

56-65 1 1%

>65 0 0% 152 100%

48

Table 19. Education of Female Affected People (AP)

School Category Female APs

Person %

Elementary school 12 8%

Junior High School 23 15%

Senior High School 79 52%

Diploma /University 38 25%

Total 152 100%

55. Thirty-nine (35) of 43 business in tenant area are owned by the women. 79 % daily

operational of business are managed by female that recruited from family or employee nonfamily.

Table 20. Number of Female Business Owner and Female Operational Business Team

Gender Owner of Tenant

(APs) %

Female Operation Business Team

%

Female 35 81% 34 79%

Male 8 19% 9 21%

Total 43 100% 43 100% J. Household Assets.

56. Asset ownership census includes land asset and moving asset. All AHs have vehicle (2

wheels or 4 wheels) for their personal transportation. All Ahs have land assets.

K . Perception of the Subproject and Suggestion 57. All respondents (77 APs) stated the project will provide the modern and comfortable official

resident and tenant area. However, respondent also stated that during construction subproject will effect to noise, dust, traffic jam, risk for spreading covid 19 and Uncomfortable area for children playing in official residence as shown in table below :

Table 21. Reason to Support Project and impact of project

Respondent Perception

Respondent /APs Respondent /APs Total

Official Residence Tenant area

Male Female Total Male Female Total Male Female Total

Reason Support The project

Project will provide modern ,safe and comfortable official resident

28 6 34 0 0 0 28 6 34

Project will build Modern commercial area in Terminal Building

0 0 0 8 35 43 8 35 43

Sub total 28 6 34 8 35 43 36 41 77

Negative Impact

Dust and Noise during construction

10 0 10 2 13 15 12 13 25

Traffic jam during construction 8 0 8 3 13 16 11 13 24

49

Respondent Perception

Respondent /APs Respondent /APs Total

Official Residence Tenant area

Male Female Total Male Female Total Male Female Total

Risk of covid 19 spreading regarding mobilization construction workers during construction

8 0 8 3 9 12 11 9 20

Uncomfortable children playing area in Official residence (during construction)

2 6 8 0 0 0 2 6 8

Sub total 28 6 34 8 35 43 36 41 77

58. In term of loss of income, 31 (72 %) affected tenants stated that temporary relocation will

decrease the income, 12 % stated temporary relocation will not decrease the income and 16 % Respondents have no opinion as described in show below table

Table 22. Perception of Income During Temporary Relocation

Perception of Income loss during temporary relocation No. APs

Male Female Total %

Income of business will decrease (loss of income) (percentage

of loss of income based on 31 Tenant perception - see table 4) 7 24 31 72%

No opinion – Abstain 0 7 7 16%

Temporary relocation will NOT decrease the income of tenant (no Loss of Income)

1 4 5 12%

Total 8 35 43 100%

(SES of Ahs in Tenant Area , February 2022)

59. Most the respondent agree grievance can submit verbally to project staff, airport staff and head of village ( RT/RW)

50

IV. INFORMATION DISCLOSURE, CONSULTATION AND

PARTICIPATION A. Consultation during planning Stage /Preparation of RP 60. During preparation of RP, several consultation and socialization have been carried out. The

consultation and meeting are attended by affected household in official resident and tenant area, MSAJ Airport, Project Implementation Unit/ PPK, consultant and contractor. Total participant during Planning stage are 195 participants consist of 66 female and 129 males. The topic of discussion is regarding the temporary relocation plan, work method of relocation, support of project for AHs, schedule and other relevant topics.

Table 23. Summary of Consultation and Socialization in Planning Stage

NO

Date Location Participants Type of

Consultation Topics Result

1 29-Dec Official Residence

Affected HH of Official Residence ,UPBU , PIU , Contractor, Consultant Participant: 7 Female 18 Male . Total 24 prs

Focus Group Discussion

Relocation Plan

Agreement of MSAJ airport and project to support moving cost, providing temporary house and schedule of moving

Temporary houses is provided by MSAJ Airport

Moving cost is paid by project

Construction will be completed about 2-3 month

Temporary house are in MASJ airport

Ahs agree and no objection regarding above statement (appendix 7)

2 07-Jan Official

Residence Affected HH of Official Residence, PIU , Contractor, Consultant Participant : 2 Female: 8 Male Total 10 prs

Discussion

(door to door consultation)

Statement Letter ( day 1)

Agreement to sign

Statement letter from

AHH in Official

Residence. The content of

statement letter are as

following 1) agree to

temporary relocation and

no negative impact during

temporary relocation. See

Appendix 8-12 3 08-Jan Official

Residence Affected HH of Official Residence , PIU , Contractor, Consultant Participant : 2 Female: 5 Male Total; 7 prs

Discussion

(door to door consultation)

Statement Letter (Day 2)

Agreement to sign the Statement letter from AHs in Official Residence. The content of statement letter are as following 1)1)agree to temporary relocation 2) no negative impact during temporary relocation

51

NO



4 09-Jan Tenant area

Affected tenant, Consultant, Contractor Participant : 2 Female: 4 Male Total 6

Interview /Discussion

Preliminary information of temporary relocation

Initial Temporary relocation plan have been informed to the tenant and suggestions have been received to improve the relocation action plan.

5 11 Jan (mornin

g)

Tenant area

( Office area)

Affected tenant, ( Service companies) Consultant, Contractor Participant : 6 Female: 10 Male Total 16

Interview / Discussion

Temporary Relocation Plan-(Alternative relocation site/area)

Agreement of office in tenant area to be relocated in Serbaguna Building of MSAJ Airport and statement about no income impact during temporary relocation. See Appendix. 14

6 11 Jan

(noon)

Tenant Area (Cafe/ canteen )

Affected tenants who stop to lease kiosk/stalls during construction, Contractor, MSAJ Airport , Consultant Participants : 9 female and 3 Male Total 12

Interview /Discussion

Tenant planning during construction and alternative support from MSAJ Airport and project

.All 10 tenants have businesses outside of the airport and will focus on managing their business outside the airport. They also stated that the closure of the business at the airport site during construction will not significantly affect their income. (ii). the AHs/owners of businesses committed to relocating their employees to other business branches, so no loss of a job is expected. See Appendix. 13

7 20 Jan Meeting Room MSAJ Airport

Affected HH in Official Residence, Consultant, Contractor Participant : 5 Female: 44 Male Total 49 prs

Meeting Initial relocation plan and Project support

HH in official residence have been informed the relocation plan and get suggestions from participants to improve the relocation plan. (Meeting Invitation in appendix 19)

8 20-Jan Official Residence

Affected HH of Official Residence , PIU , Contractor, Consultant Participant : 2 Female: 4 Male Total

Coordination Completion of Signature of Statement Letter

Agreement to sign the Statement letter from AHH in Official Residence

52

NO



6prs

9 31-Jan UPBU MSAJ Airport

Meeting ROOM

Affected Tenants , UPBU , PIU/PPK , Contractor, Consultant Participant : 26 Female: 20 Male Total 46 prs

Socialization Preliminary information of temporary relocation for affected tenants

Tenant have been informed the relocation plan. Specific socialization and consultation will be carried out in next steps (see appendix 33)

10 07-Feb Tenant area

Affected tenant, PIU/contractor, Participant : 2 Female: 4 Male Total 6 prs

Interview Door to door /Discussion

preliminary information of tenant temporary relocation

Initial Temporary relocation plan have been informed to the tenant and feedback have been received

11 10-Feb Tenant area

MSAJ Airport, PIU, Consultant , Contractor , affected tenant Participant : 3 Female: 9 Male Total 12 prs

Joint Survey Alternative Relocation Area

Agreement for alternative space for relocation some tenants (Airlines, office. Food and beverage)

61. Consultation Plan. The upcoming consultation meetings during implementation stages of

relocation will be carried out. Responsible parties are PIU /PPK-DGCA MOT and MSAJ airport and supported by contractor and Consultant as shown in table below

Table 24. Consultation Plan during Implementation of Temporary Relocation

Stages Activities Responsible Institution

Timeline

Implementation Stage

Consultation public for schedule of relocation of tenants

PIU /PPK-DGCA MOT and MSAJ airport/contractor/ DSC

July –August 2022

Consultation public during relocation process: input and suggestion ( affected tenants)


July –August 2022

Consultation public for schedule of relocation-batch 2 Official Residence


July –August 2022

Consultation public: input and suggestion during stay in temporary relocation (Official Residence)

PIU /PPK-DGCA MOT and MSAJ airport/contractor/

July –August 2022

53

Stages Activities Responsible Institution

Timeline

DSC Distribution of update PIB and GRM contact (if any update of GRM contact address)


July –August 2022

Monitoring Evaluation

Consultation public for Monitoring and Evaluation (tenants)


November – December 2022

Consultation public for Monitoring and Evaluation (Official Residence)


November – December 2022

B. Information Disclosure 62. A Project Information booklet (PIB) summarizing the relevant information of the RP will be

prepared. The content of PIB is in Appendix 21. The booklet will be translated to Bahasa Indonesia and will be distributed to affected persons during implementation of RP. This brochure will also be available at the project and contractor offices and will be accessible to other stakeholders.

63. The RP document will be generated in a timely manner. The document will also be posted

by ADB on its website and by the Project/MOT website. The PIU supported by the DSC will include monitoring results in the overall EARR semi-annual social monitoring report which will be submitted to ADB. Semi-annual monitoring reports are also posted on the ADB and MOT website

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V. GRIEVANCE REDRESS MECHANISMS 64. The Grievance Redress Mechanism (GRM) is a systematic process for receiving, evaluating,

and handling project-related complaints from affected communities and / or other stakeholders. The GRM must be accessible to various members of society and in a language that is understood, including by vulnerable groups such as women, elderly. disability and minorities group. Complaints can be submitted either verbally or in writing. The protection and confidentiality of complainants must be guaranteed and respected if they are deemed important. The GRM Focal Person PIU will announce telephone numbers, addresses, email addresses that can be contacted regarding public complaints. This will be included in the Public Information Booklet (PIB) which will be disseminated to the public.

65. The complaint system Mutiara Al-Jufri Airport can be done using three ways, telephone,

email, and airport website. In addition, other complaint can be submitted verbally to

contractor, PIU, or local authority (head of Village, RT/RW). PIU and Contractor have been

appointed the GRM Focal Person, who will handle or facilitate public complaints.Recording

and reporting are carried out by GRM Focal Person of Contractor as part of social safeguard

and gender monthly report.

.

66. In principle, objection to any aspect of the the implementation of the temporary relocation will be addressed through consultations to reach an agreement and settlement and sought to be resolved as much as possible at the sub-project level. Relevant institutions, such as the PIU /PPK EARR Airport, MSAJ Airport Palu City and villages governments will be involved as required in addressing the objections. The stage of GRM is as follows:

67. 1st stage. An aggrieved community/people may bring any complaint related to construction either directly to the contractor or through MSAJ Airport staff who will bring the complaints to the contractor to seek resolution. At the first level, complaints will be resolved by the Contractor themself or, if it cannot be resolved, the contractor will report to PIU/ Pejabat Pembuat Komitmen (PPK) and will coordinate with the village official where the problem originated. A resolution during construction can be handled by the contractors as representatives at the construction site and other parties. At this first level, the grievance should be resolved within a maximum of 2 days. The GRM Focal Person of contractor must make documentation records.

68. 2nd stage. If the grievance cannot be resolved, the aggrieved community may convey the grievance to the GRM Focal Person of the PIU to get resolution of the complaint. The PIU has 14 working days for resolution. For each complaint, the GRM Focal Person must investigate the complaint, assess its eligibility and identify an appropriate solution. It will provide a clear reply within five (5) working days to the complainant and the contractor. The GRM Focal Person of the PIU will review the contractor’s response and undertake additional monitoring. During the complaint investigation, the GRM Focal Person of the PIU will work in close consultation with the contractors and consultants. Contractors should implement the redress solution and convey the result to the GRM Focal Person of the PIU within seven (7) working days.

69. 3rd stage. At this stage, complain resolutions do through mediation by the District or Provincial Office. Multi-stakeholder Meeting will be carried out to accommodate community complaints related to problems arising from MSAJ Airport subproject activities and other related projects. Through this forum, ways of solving problems that arise will be sought. The Multi-stakeholder Meeting also involves the PIU and DGCA, MSAJ Aiport Palu, contractor, community leaders, representatives of NGOs and local governments.

55

70. 4th stage. If the multi-stakeholder hearing process is not successful, the GRM Focal Person will inform to ADB accordingly, and the ADB EARR team may decide to organize a ADB special mission to address the problem and identify a solution

71. 5th stage: If the affected person is not satisfied with the reply in Stage 4, he or she can go

through local judicial proceedings .

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VI. LEGAL AND POLICY FRAMEWORK A. Relevant law and Regulation in Indonesia 72. Involuntary Resettlement. Act No. 2/2012 on Land Acquisition for the Development for the

Public Interest and its implementing regulations is the main regulation applied for the project land acquisition. The Law provides a clear procedure and time frame which will accelerate the process of land acquisition. The government should undertake land acquisition by involving all entitled holders (pihak yang berhak) and concerned entities. The entitled parties shall be those who control or own the object of the land acquisition include : a. the holders of land rights; b. the holders of land rights to manage; c. nadzir for the waqf2 land;

d. the owners of

former customary rights secured land; e. customary communities; f. the parties occupying the state land in good faith; g. land tenure holders; and/or h. the owners of buildings, plants or other objects related to the land. Land acquisition should be conducted by providing fair and adequate compensation to the entitled parties.

73. New law and regulations were issued by Government in 2020, i.e Law No. 11/2021 on Job Creation and Government Regulation No. 19/2021 on the Implementation of Land Acquisition for Development for Public Interest. This provisions of government regulation replaces Presidential Regulation No. 71/2012 and its four amandments. The new law and regulation are : (i) add six types of activities/business that included in the development or the public interest where this law are applied, (ii). stated that release permits for lands with special characteristics affected by the project (sustainable agri-food land, Forest-lab, Village Treasury, Waqf-land, State Owned-Land) are finalized before issuing the Location Determination, (iii). involvement of Land Office (Kantor Agraria Tata Ruang/Badan Pertanahan Nasional-K ATR/BPN) during planning stage, and (iv) land acquisition for the public interest is carried out by providing appropriate and fair compensation, and emphasized that the results of the assessment are final and binding. Independent appraisals are involved in the negotiation with AHs/APs to get a compensation agreement.

74. The Government Regulation No. 19/2021 (article 18 (2) ) re-emphasized the entitle parties will includes: (a) the holders of land rights; b. the holders of land rights to manage; c. nadzir for the waqf land;

d. the holder of former land right evidence; e. customary communities; f. the

parties occupying the state land in good faith; g. land tenure holders; and/or h. the owners of buildings, plants or other objects related to the land. For waqf land, nazhir applied for permission in writing to the Ministry of Religious Affairs or through its Regional Office. The Ministry with the approval of the Indonesia Waqf Board (Badan Wakaf Indonesia); National or Provincial level; to obtain permission to release waq'f land. Releasing of waqf assets shall be completed prior to issuance of location determination.

75. To resolve the issue of people occupying government land or institutions (non-land rights

holders or squatters), the government issued a Presidential Regulation No. 62/2018 concerning handling community social impacts in the framework of provision of land for national development and its implementation regulation i.e the Ministry Agraria and Spatial Plan/National Land Agency Regulation number 6 of 2020. Its regulates the provision of compensation in the form of money or relocation to non-titled land users. This regulation requires that compensation should consider the cost of mobilization, cost for moving, house rent during the transition period, and loss of income. It also requires the proponent to produce documents on the Social Impact Management Plan in the event that affected government land has been physically used/controlled by the community consecutively for a minimum of 10 years. The Social Impact Management Plan shall be proposed to the Governor, which

2 Waqf - an inalienable religious endowment in Islamic law, typically donating a building or plot of land or even cash for Muslim religious or charitable purposes. The donated assets are held by a charitable trust or waqf organizer.

57

subsequently forms an Integrated Team to undertake data inventory, compensation appraisal, and facilitate grievance management

76. Tenants in Terminal Building MSAJ Airport Palu are regulated based on lease agreement between MSAJ Airport and Tenants. In addition, Households in official resident also have agreed the the points of MoT decree regarding to occupancy of Official Residence (see appendix 28 (official residence decree) and in appendix 29 (agreement between MSAJ Airport and Tenant)

77. There is no land acquisition and No HH with criteria of “non land rights holders or squatters”. MSAJ Airport and project will ensure to minimize the negative impact of temporary relocation AHH as per agreed by Ahs and MSAJ Airport. Project consider to the regulation PP No.62/2018 regarding relocation such as cost of mobilization, cost for moving, house rent during the transition period and loss of income.

B. ADB Policy for Involuntary Resettlement 78. The purpose of ADB's safeguard policy is to avoid involuntary resettlement wherever possible;

to minimize involuntary resettlement by exploring project and design alternative; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre – project levels: and to improve the standards of living of the displaced poor and other vulnerable

79. The involuntary resettlement safeguard covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income source, or means of livelihood) as a result of (i) involuntary acquisition of land or (ii) involuntary restriction on land use or on access to legally designated parks and protected area. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary

80. IR Principles ADB SPS 2009 as following:

i. Screen the projects early on identify past, present and future involuntary resettlement impacts and risk. Determine the scope of resettlement planning through survey and/or census of displaced persons including gender analysis specially related to resettlement impacts and risk.

ii. Carry out meaningful consultations with APs, host communities, and concerned nongovernment organizations (NGOs). Inform all displace person of their entitlements and resettlement options. Pay particularly attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, The indigenous people, those without legal tittle to land and ensure participation in consultations. Establish Grievances redress mechanism to receive and facilitate resolution of affected person concerns.

iii. improve or at least restore of all displace person through (i) land based resettlement strategies when affected livelihood are land based where possible or cash compensation at replacement value for land when the loss of land does not determine livelihood (ii) prompt replacement of assets with access to assets of equal or higher value (iii) prompt compensation at full replacement cost for assets that can not be restored and (iv) additional revenues and services through benefit sharing schemes where possible.

iv. Provide physically and economically displaced persons with needed assistance, including the following 9i) if there is relocation, secured tenure to relocation land, better housing at resettlement site with comparable access to employment and production opportunities, integration of resettled person economically and socially into their host communities and extension of project benefits to host community (ii) transitional support and development assistance such as land development, credit facilities, training. Or employment opportunities (ii) civic infrastructure and community service as required.

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v. improving living standards of the displaced poor, vulnerable groups to at least national minimum standards of living;

vi. develop procedures in transparent, consistent and an equitable manner; vii. ensure that displace persons without land title or any recognized legal right to

land are eligible for resettlement assistance and compensation for loss of non- land assets

viii. Preparation of resettlement plan; ix. Disclosure a draft of resettlement plan. Including documentation of consultation

process in a timely manner, before project appraisal, in accessible place and a form and languages understandable to APs and other stakeholders. Disclose rhe final resettlement plan and its updates to APs and other stakeholders

x. Conceive and execute involuntary resettlement as part of a development project or program. Include the full cost of resettlement in the presentation of project cost and benefits. For ta project with significant involuntary resettlement impact. Consider implementing the involuntary resettlment component of the project as astand alone oparation

xi. pay full compensation, relocation and resettlement assistance prior to physical and or economic displacement; and monitor and assess the outcomes and impacts of involuntary resettlement

81. In the relocation process , entitled parties generally have two options:

a. Self-relocation. Entitled parties may take the initiative to relocate to a place of their choice instead of resettlement sites provided by the EARR.

b. On-site relocation. Displaced persons occupy the part of the land not required for the EARR. (RCCDF, Paragraph 96)

82. Design of relocation area should consider the following: (i) options of diverse locations, (ii) good access, (iii). close to public facilities and services, (iv) opportunity to expand business activities, (v) gender sensitive: easy to get water supply, (vi) consider impact to host community, and (vii) no significant environmental impact due to construction of relocation area

C. Gap Analysis and Project Principe

The Policy gap has been identified between RCCDF for EARR and National Regulation that is regarding i) Screening of the project ii) special attention to the needs of vulnerable groups (ii) the provision of livelihood recovery program for severe affected people and vulnerable group (iv) relocation assistance for physical displaced resident (v) transition allowance. Assessment on Involuntary Resettlement Policy Gaps in appendix 32. D. Social Safeguard Policy Principle 83. Social safeguard Policy Principle applied in EARR MSAJ airport Palu refer to RCCDF ( B. 4-

para 35 ) as following : a. Screen subproject components during early stages to identify involuntary

resettlement impacts and risks as well as presence of customary communities and the likelihood of impacts on identified customary communities per project activity. These impacts and risks shall be avoided or minimized. Appropriate social safeguards planning documents will be developed precisely and accurately as a result of a social assessment. Land acquisition of traditional/ancestral lands will be avoided;

b. Carry out culturally appropriate and gender-sensitive Social Impact Assessments (SIA) to assess potential impacts on APs particularly with customary communities living in the EARR areas and concerned NGOs. Inform all APs including customary

59

communities on potential restriction to access to natural resources because of the EARR and ensure their participation in the project cycle;

c. Conduct meaningful consultations with affected APs/customary communities, host communities (if any relocation), and concerned NGOs or community groups to solicit their participation across the project cycle to (a) avoid adverse impacts or -issues of access restriction will be avoided as much as possible - when avoidance is not possible, to minimize, mitigate, or compensate for such effects; (b) entitlements of displaced persons and develop project benefits for affected customary communities in a culturally appropriate manner; (c) provide culturally appropriate and gender inclusive capacity development; and (d) establish a culturally appropriate and gender inclusive GRM. Pay attention to the need of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, customary communities, and those without legal title to land and ensure their participation in consultation;

d. Consultation: In areas that affect customary lands, full consultation to generate consensus with customary communities will be upheld to define the areas with customary rights of the local people and reflect the issues in the social safeguards planning document with actions to protect or compensate customary communities;

e. Improve or at least restore the livelihood of the APs/customary communities through (a) land-based resettlement strategies or cash compensation; (b) prompt replacement of assets with equal or higher value; (c) prompt compensation at full replacement cost for lost assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible;

f. Involve APs/customary communities in resettlement and customary communities planning and cover all appropriate mitigation measures to improve, or at least restore, the livelihoods of all APs/customary communities, especially vulnerable groups so that the living standard of APs/customary communities do not become worse off compared to pre-project levels. Social safeguards planning documents should elaborate on culturally appropriate GRM, AP/customary communities’ entitlements, strategy for income and livelihood restoration, including institutional arrangements, monitoring and evaluation, budgeting, and time-bound implementation schedule, and provide APs/customary communities with appropriate assistance;

g. Assist and compensate APs/customary communities without title or any recognizable legal rights to land for non-land assets at replacement cost. Specific attention will be paid to women, women-headed households, the elderly and other vulnerable persons;

h. Disclose the draft social safeguards planning documents and its updates before subproject appraisal to the APs/customary communities and other stakeholders in an accessible place and a form and understandable language;

i. Ensure costs for preparing and implementing RP/RCCDP will be included in and financed out of the project cost.

j. Any voluntary donation and negotiated settlement will follow procedure in a transparent, consistent, and equitable manner principles and be confirmed trough written record and verified by an independent third party;

k. Pay compensation and other entitlements before physical and economic displacement. Civil works and/or restrictions to use of land resources will not commence unless APs/customary communities are fully compensated, and all other entitlements provided;

l. Monitor implementation of the social safeguards planning documents; monitor and assess resettlement outcomes, their impacts on the standards of living of APs/customary communities and disclose the monitoring reports;

m. Disclose monitoring reports as uploaded on to ADB and the project websites; and with project sites specifically to the affected communities/persons in summary form; and

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n. Should unanticipated involuntary resettlement and customary community impacts be determined during project implementation, the IAs will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new one covering all applicable requirements specified in this RCCDF.

E. Spatial Plan Status

84. Based on the Spatial Plan (RTRW) of Palu City 2010 – 2030, the MSAJ Airport Palu is in line

with Spatial Plan Palu City 2020 -2030. MSAI Airport area is designated for the main

infrastructure system for aviation and air transportation. In addition, based on the Disaster-risk

Zonation Map (Peta Zona Rawan Bencana Palu dan Sekitarnya), the MSAJ Airport Palu is

located in the development zone “ZRB 1” (Zona Pengembangan 1) – or “light yellow zone”.

This zone is safe against tsunamis but due to a large magnitude of the earthquake, there is

considerable amount of damage to this airport.

Source: Spatial Plan (RTRW) of Palu City 2010 – 2030 (Note: light yellow zone: safe from disaster)

F. Gender Consideration 85. The overall project categorization for gender is Effective Gender mainstreaming (EGM). It is

expected that women, children, people living with disabilities and the elderly can participate and fully benefit from the disaster rehabilitation and reconstruction interventions supported by the project. - Women and the vulnerable groups were involved in participation to planning activities

Project ensure women’s meaningful participation and be included in the planning documents (RP)

- Both women and men participate during consultations, discussions on relocation options. - Women have been given equal chance in getting hired for jobs related to EARR and to

receive equal remuneration for the same work as the men. - Special measures have been taken in helping elderly, disabled and women-headed

households relocate their affected shops. - Disaggregated monitoring indicators by gender have been developed for monitoring

social benefits, economic opportunities, and resettlement activities - Gender action plan (GAP) of Project have been developed. Implementation is ongoing

and Monitoring and reporting are provided in quarterly report.

Figure 6. Disaster Zoning Map

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VII. COMPENSATION, ASSISTANCE AND BENEFITS 86. Eligibility. Entitled parties/APs are those who will be permanently or temporarily affected,

as a result of the subproject, all or part of their physical and non-physical assets, including houses, productive land, and resources such as forests, outreach lands, fishing areas, or important cultural sites, commercial property, rentals, income opportunities, social and cultural networks, and activities. These impacts are permanent and/or temporary.

87. Entitled parties identified within the project areas that are eligible for compensation, either in cash, replacement land and structures, or resettlement and other assistance under this package can be described as persons who lost the structure they occupy or entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. Compensation will be given for the loss of assets other than land at replacement cost, and only if they occupied the land or structures in the project area prior to the cut off date for eligibility for resettlement assistance.

88. Cut-off Date. The cut-off date for eligibility for this subproject will be refer to the date when

MSAJ Airport and project confirm their commitment provide to replacement during temporary relocation. Cut of date for official residence is 29 December 2021 when relocation agreement was made between Ahs and MSAJ Airport /Project in consultation meeting (MoM in appendix 7). Cutoff date of Tenant area is 31 January 2022 when relocation plan have been socialized to all tenants including temporary relocation site, moving cost, and adjustment of the price lease (Invitation letter and picture is in appendix 33). Any persons who encroach into the subproject area after the cut-off date will not be entitled to compensation or any assistance under the subproject.

89. An entitlement matrix and its applications are provided in this RP. It covers the

compensation and types of assistance to be provided to APs who will be affected by temporary relocation and appropriate assistance for the SAHs and VAHs. The entitlement matrix has been developed in consultation with the APs and relevant agencies during the RP preparation.

Table 25. Entitlement Matrix for EARR MSAJ Airport Palu

NO

Impact/Loss

Category

Entitled Person

Project entitlement Remarks

LOSS OF STRUCTURE

1 Loss of main structures (houses, offices, independent shops) and secondary structures (fences, driveways, extended eaves, sheds, etc.)

Owners of the affected structure, regardless of tenure

Not Applicable All of the structures are owned

by MSAJ Airport Palu

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NO

Impact/Loss

Category

Entitled Person


A. TEMPORARY OR PERMANENT IMPACTS DURING CONSTRUCTION

2 Temporary or permanent impacts due to construction activities

For those who have formal legal rights (certificate) or those whose claim on land is recognized as a full right

For lease payments of the affected land by the contractor based on the applicable rental fees and agreements with landowners

For temporary impact on

productive land,

the AH may

choose: (1) cost of

the rental valued

to be not less than

the net income

that will be

generated from

productive affected

land; (2) Compensation for non- land assets acquired (trees / plants, structure, business income) permanently affected will be compensated at replacement cost

For loss of business income please refer to the entitlement point 3

Moving cost is provided in form of providing truck to carry goods to a temporary relocation place

Written commitment from MSAJ Airport to guarantee the affected tenants will get lease of shop after rehabilitation completed in the Appendix 34

Those who do not have legal rights and entitlements that can be recognized as full Ownership . ( 34 AHs / 138 APs in office resident , 43 tenants HHs/204 APs; 14 Tenants Office

There is no land

rental costs

during the period

of impact. Land

will be restored

as it was before

the project, or

even better

Provides

temporary

relocation of

residential and or

shops during

construction.

Compensation for non-

land assets acquired

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NO

Impact/Loss

Category

Entitled Person


(trees/ plants, structure, business income) permanently affected will be compensated at replacement cost

Moving Cost. cash allowance for moving if the project is not able to provide the use of a truck or a means of transportation to carry goods to a new place.

B. Other Appraisable Losses

3 Loss of business income (43 AHs/ 204 APs)

Business Owner

/ family member

of tenants

- Compensation of loss of income will be paid through a combination of cash compensation (project budget ) and reduced leasing price

Estimation of loss of business income specified in the approved RP is calculated based on average revenue or sales x 10% (average losses) x duration of temporary losses; Final percentage of the average business income losses and the amount will refer to the trend of declining of the revenue/sales based on monthly sales report from the last six months (January- June 2022) that submitted to MSAJ Airport

The final amount of cash

compensation and rental

fee reduction will refer to

the agreement between

tenants and MSAJ airport.

Cash compensation for the

income loss is allocated in the

contractor contract. (MC0 CW2)

5 loss of employee Business Owner Loss of

temporary

employee

Compensation

equivalent to

the income

loss during the

disruption/tem

porary

relocation

6

Loss of resources base or stop the lease

Severely affected households (SAHs) and vulnerable

Provides additional rental fee reduction

No of eligible SAHs will refer to the validation result by MSAJ Airport

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NO

Impact/Loss

Category

Entitled Person


affected households (VAHs)

90. Female head household will be given priority support during temporary relocation through giving specific - emergency contact number ( Contractor safeguard Staff Phone Number) . She can call emergency contact number if they find trouble such as electricity installation, water supply, transportation for urgent matter, information and communication etc.

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VIII. RELOCATION STRATEGY

A. Description of Temporary relocation

91. The official residence. The official residence area located on the west side of MSAJ

Airport Terminal. It is located on the side of the road before heading to the Entrance Gate

to the Airport on Dr Abdulrahman Saleh Street. The Official residence is divided into

several cluster, from cluster A to cluster E with a total of 50 Units (types 36, 45,48,50 and

70). All units of houses are a landed houses with only 1 floor.

92. 37 of 50 houses of Official Residence are reconstructed by project that affect to relocating

34 Households during construction of official residence. 11 of 34 HHs have been relocated

to the temporary house that provided by MSAJ Airport. Location and existing site are

shown in figure below :

Figure 7. Location of Official Residence (Number 5) and existing site plan

93. As Agreed by AHs in Public consultation, temporary house for AHs in official residence

located in the MSAJ Airport, 100-300 meters from official residences. Some of houses are

not yet occupied so they can be used for temporary houses during construction

94. Tenant. Tenant area is located in ground floor and first floor In the terminal Building of MSAJ

Airport Palu. Construction of terminal building MSAJ Airport Palu effect to temporary

relocation of 57 tenants.

95. Temporary tenant area has been prepared in in-house parking area in south of Terminal

Building and right wing of terminal building. The location is about 200-300 Meters from

previous tenant area. Layout of existing tenant area as figure below :

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B. Options for Affected Households (AH)

96. Relocation strategy is prepared through serial of public consultation with AH and related

stakeholders ( MSAJ Airport Palu, consultant and contractor) .

97. Options for temporary relocation of AH in Official Residence. MSAJ Airport Palu and Project provide two options for 34 AHs in Official Residence as following : a) Option Number 1: Move to the temporary house located within a radius of 300-500 m

from the previous house, still in the area of MSAJ Airport, without any rental fee . Temporary houses are completed with the public facilities (electricity, water drinking, lighting ,disposal etc)

b) Option number 2 : Move temporarily to the family house, or the AHs owned house in outside the airport or rent a house outside the airport by themselves.

98. The Relocation Plan agreed by Ahs in official residence through the Public consultation (29

December 2021) is as following i) Temporary house for temporary relocation are provided by project in the area of MSAJ

Airport Palu. ii) Moving process will be supported by contractor through providing a car and porters for

bringing the furniture and other items. iii) Rehabilitation and re-construction will be finished about 2-3 months iv) Households agree and have no objection with this agreement. Statement letter

regarding Agreement of Relocation Plan will be signed by Ahs. (MoM is in appendix 7)

99. To ensure Ahs understand and agree to the temporary relocation plan, statement letter from Ahs were prepared and signed by AHs (appendix 8-12 ). Content of statement letter of Ahs as following (i) Agree to temporary relocation (ii) no negative impact on income (no additional expenses and no decrease of income) (iii) no negative impact on social, health and education for their children (iv) address of houses for temporary relocation as agreed by each HH.

100. Option for temporary relocation of tenants. MSAJ Airport and Project have provided two options of temporary relocation of tenant as following

(i) Tenant continues to lease shop in temporary location area provided by the project. The rental fee in the temporary location will be reduced compared to than the previous location. Reduction considers the size and available facilities of the kios in the temporary location.

(ii) Tenant stops lease shops during rehabilitation/ and will continue renting the shop in

Figure 8. Lay out of Temporary tenant area (In-house parking area and right wing of terminal building

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the rehabilitated terminal after construction is completed.

101. There are 10 tenants stop lease stall/kiosk during contraction and will continue lease

stall/kiosk after construction is completed. Description of of Tenant who stop temporary to lease tenant area – Chapter II. Scope of Impact .

102. MSAJ Airport will provide temporary area for 33 stalls/kiosk for food and beverage canteen and shop located in-house parking area - south of Terminal Building and right wing of terminal building. The location is about 200-500 M from previous tenant area.

103. Affected Service companies including the Airline offices (14 Offices) will be relocated in

Operational Building MSAJ Airport that located in 200-300 meters from previous office area in terminal building. In Addition, MSAJ Airport will provide special room for server (database and application) for airline offices.

104. All cost of moving and transporting movable items, cost of equipment installation for

business operation and cost of site and infrastructure development and services are paid by Projects.

C. Facilities In Temporary site

105. Temporary Tenant area. Determination of site for temporary tenant area have considered the circulation of passenger in order to provide commercial area for passenger and keep the business is still running well. The site also considers i) close to public facilities and services (Terminal building, main gate, operational Building and services office). (ii) opportunity to expand business activities as site is comfortable location for business activities (iii) gender sensitive: easy to get water supply and sufficient lightening (iv) no significant environmental impact due to construction of relocation area

106. Temporary tenant will be completed with water installation, electricity, lighting and 4 temporary toilets (Male and female toilet) as part of gender sensitive construction.

Figure 9. Design of Temporary Tenant

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107. The temporary houses for Ahs in official residence. Temporary houses have

considered availability of services, such as safe drinking water, adequate sanitation, energy for cooking, lighting and disposal. The temporary housing guarantee physical safety or provide adequate space, as well as protection against the heat, rain, wind, other threats to health and structural hazards, considers the specific needs of disadvantaged and marginalized group and have easy access to health-care services, school, childcare centers and other social facilities

108. The site close to public facilities as school, health center, shop and mosque. Figure of Temporary Houses in Figure below

D. Return to Rehabilitated Houses and rehabilitated Shops/stalls . 109. After construction completed, return of Ahs to the rehabilitated house, shop and stall will be

fully supported by project through providing car for moving items. Project ensure the rehabilitated houses and rehabilitated shop/cafe/room in tenant area have been already completed by facilities such as good electricity installations, water, lighting, sanitation and disposal etc. MSAJ Airport commitment to guarantee the AHs return and rent the kiosks/shops in the rehabilitated terminal rehabilitation completed are shown in Appendix 34.

Figure 10. Construction Process of Temporary Tenant area and Temporary Toilets

Figure 11. Temporary House for Ahs in Official Residence

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IX. BUDGET AND FINANCING OF RESETTLEMENT

110. Budget and Financing Plans. The Budget of temporary relocation (temporary resettlement)

have been allocated under PIU and project budget with total IDR. 327.470.000. PIU have

been allocated budget for socialization and public consultation and Project allocate the

Budget for moving cost (move and return cost), temporary tenant construction and loss of

income for tenant (based on Draft MC.O, February and updated June 2022). Cost estimate

is shown the table 32.

111. Assumption for Budget Line Items. Assumption of budget line are as following :

i. Socialization, meeting and coordination aim is to provide an information to the APs and

their role on project participation and support. The socialization will invite about 20

participants for 1-2 hours meeting. Budget is for the snack and stationery.

ii. Moving cost refer to the assumption that 1 truck /2 trip for 1 stall/shop ( rent truck and

porters for trip to temporary relocation and return ). Budget estimation refer to CW2

Contractor Budget / MCO 2 Feb 2022.

iii. Loss of income during temporary relocation for tenants refer to the perception of

tenants regarding to the decrease of monthly revenue/sales during construction.

Average of the decrease of revenue /sales is under 10% /month (SES). Duration of

Temporary relocation will be about 6 Months.

Table 26. Cost Estimate for Temporary Relocation Plan

No Component Unit Qt Unit Price (IDR)

Amount (IDR) Remark

1 Socialization and Consultation

Meeting/ pax

5 1.500.000 7.500.000 Socialization, meeting and coordination aim is to provide an information to the affected tenant and households in official resident regarding temporary relocation plan and they role on project participation and support

2 Moving cost for Tenant Area. Trip #1 (move) Existing area to temporary relocation area Trip # 2:(return) Temporary relocation area to rehabilitated shops/offices in airport

LS 57/2 trip

500.000 28 .500.000 assuming 1 truck for 2 trip for 1 stall ( rent truck and porters) Rp 500.000 The budget refers to CW2 contractor Budget for relocation /MCO February 2022)

3 Moving cost for Official Residence

LS 34 500.000 17.000.000 assuming 1 truck for 2 trip for 1 houses ( rent truck and porters)

70

No Component Unit Qt Unit Price (IDR)

Amount (IDR) Remark

Trip #1 (move) Existing official residence – temporary relocation houses Trip# 2 (return) temporary relocation houses to rehabilitated official residence

The budget refer to :CW2 contractor Budget for relocation /MCO Febr 2022)

4 Temporary Kiosk/stall construction

LS 33 2.000.000 66.000.000 refer to :CW2 contractor - Budget for relocation /MCO Febr 2022)

5 Loss of income during temporary relocation for 43 tenants Note 14 Offices in tenant area have no loss of income during construction.

LS 43 236.970.000 (Not final

amount yet- On discussion

process between

Project, MSAJ Airport and

tenants)

236.970.000

236.970.000

(Not final amount yet-

On discussion process between project, MSAJ

Airport and tenants)

- Estimation of loss of

business income

specified in the

approved RP is

calculated based on

average revenue or

sales x 10% (average

losses) x duration of

temporary losses;

Final percentage of

the average business

income losses and

the amount will refer

to the trend of

declining

revenue/sales that

indicated in the

monthly sales report

for the last six months

(January- June 2022)

that submitted to

MSAJ Airport

- The final amount of

cash compensation

and reduced leasing

price will refer to the

agreement between

tenants and MSAJ

airport.

Total

327.470.000

71

X. INSTITUTION ARRANGEMENT

112. Executing Agencies (EA). MOT (through the Directorate General of Sea Transportation) is

the executing agency (EA) for EARR. The EA established a Project Management Unit (PMU)

to consolidate activities and reporting from implementing agencies (IAs). The EA is

responsible for overall EARR implementation monitoring, including social safeguards.

113. Implementing Agency (IA). MOT assigned the Directorate General of Civil Aviation (DGCA)

as the IA. IA is responsible for implementation of all subprojects under each implementing

agency’s purview. IA Establish Project Implementation Units (PIUs) headed by a project

director and appointed staff for social safeguard staff to ensure that loan covenants are

compiled including social safeguard compliance.

114. Project Implementation Unit (PIU). The PIU in coordination with the MSAJ Airport will

assist directorate of Airport - DGCA in responding to the subproject and its implementation.

Prepare social safeguard document and monitoring implementation including undertake day

to day implementation of RP. At the post-construction stage, the MSAJ Airport will be

responsible for operation and maintenance Role of Responsibilities of Implementing

organization.

115. Social Safeguard Specialist. The PIU will be assisted by the social safeguard specialist of

the Design and Supervision (DSC) will (i) support the PIU for the implementation and

monitoring of the safeguards plans, (ii) support the PIU and the contractor in the

implementation of temporary relocation for official resident and tenants, which will include

facilitating consultation and disclosure of information to AHs, (iii). support the functioning of

the complaint handling mechanism.

116. The Contractor will be responsible in the construction of temporary relocation place

(kiosk/stall) for tenants, providing relocation assistance and handling impacts during

construction including compensation for any damaged or lost assets specified in the DDR

corrective action and RP. The contractor will receive briefing on social safeguards or

participate in social safeguard capacity building training.

117. Capacity Building. Capacity building of social safeguard will be carried out to improve the

knowledge and skill to implementation social safeguards. These activities will be carried out

by DSC Team. The participants of this activities include PIU/DGST, MSAJ Airport, DSC and

Contractor,

72

XI. INDICATIVE IMPLEMENTATION SCHEDULE OF RESETTLEMENT

PLAN

118. Temporary relocation for Affected Households in official residence have been conducted for

11 AHs in January 2022 and the remaining 23 Ahs will be conducted in May-June 2022. In

addition, 57 temporary relocations of tenant will be conducted end of May –June 2022.

Table 27. Indicative Implementation Schedule for Temporary Relocation

No. Activity Timeline

I Planning Stage

1 Submission of the RP for ADB approval July 2022

2 ADB review and approval July 2022

3 Disclosure of approved RP (in ADB and project website)

August 2022

4 Distribution of PIB July -August 2022

II Implementation stage

1 Establish GRM Focal Persons (if any update) July 2022

2 Consultation prior to relocation Shops/stall in tenant area

July 2022

3 Consultation prior to relocation HHs Occupied Residential Office (2nd stage)

July 2022

4 Temporary Stalls Construction (for tenants) March – July 2022

5 Relocation process – Tenant area /shops/Stalls August 2022

6 Relocation process for HHs occupied Residential Office (2nd stage)

August 2022

7 Moving back to new tenants area after construction Tenant

December 2022

8 Moving back new house after construction of Official Residence

July 2022 (1St stage) December 2022 (2nd stage)

III Monitoring and evaluation

1 Semi annual monitoring and evaluation Since Approved RP - loan closing

2 Disclosure of Monitoring Report Since August 2022

73

XII. MONITORING AND REPORTING

119. Objective of monitoring is to assess (i) the progress of implementing resettlement plan activities; and (ii) the outcome of the planned activities on the incomes and livelihoods of the affected persons.

120. Internal monitoring will be carried out by PIU DGCA assisted by safeguards Specialists under DSC during implementation of resettlement process. Semi-annual monitoring reports will be prepared during subproject implementation. Monitoring coverage includes but is not limited to:

a. Census of displaced person and the inventory of assets for the basis of resettlement plan.

b. Payment of compensation to all APs c. Delivery of income restoration and social support entitlements. d. Meaningful consultation principles and procedure and public information

dissemination e. Compliance with complaints procedures and extraordinary issues that require

management attention. f. Priority of APs regarding the options offered. g. Benefits provided from the EARR. h. Assess outcome and impacts of social safeguards activities on the income and

standards of living of APs 121. Monitoring will be carried out through participatory approach and pay close attention to

indicators of social safeguards. Methodology for monitoring includes documents review; in-dept interview and meetings with affected persons, customary community, stakeholders; and quantitative survey as necessary.

122. Reporting and disclosure. The social safeguards monitoring report will be prepared by PIU DGCA assisted by DSC to be submitted to ADB, the monitoring results will be included in the projects semiannual social safeguards monitoring report and posted in the ADB and MOT/subproject website. The social safeguards monitoring report will be prepared by DGCA assisted by DSC to be submitted to ADB,

74

APPENDICES

Appendix 1. Name of food, beverage and souvenir business in Tenant Area

NO

Name Business NO Name Business NO Name Business NO Name Business

1 Kantin Madeceng 12 Kantin Verkin 23 Café 3 Putri/ 34 Batik Banava 01

2 KANTIN MR 13 Ebony Café & Lounge

24 Kantin Khaniya 35 Coklat Sulteng

3 Kopi Sigi /Dispar SIGI TORATINA KAFE

14 Kantin Nusantara 25 Orange mini café 36 Kantin DWP Prop.Sulteng

4 Kantin Narasa 15 Kantin Berkah 26 Cv Inninawa Café

37 Kantin Dekranasda Kota

5 Bakso Malang/ H& C /Sabrina/

16 D'Fifa Café 27 VEGA AMORELZA

38 Maracana Café

6 Darma Wanita Bandara

17 Browyaku 28 MAHKOTA BAWANG GORENG

39 Kantin Indonesia Raya

7 COFFE O 18 Alfathmart 29 Queen Caffe 40 Kantin Bunga Kaili/Mahkota

8 Oleh-oleh Khas Palu Phinis

19 Kantin Andi Aqila 30 Kantin Rizki 41 Kantin 3 Bidadari

9 Kings Corner 20 Kantin Anugrah 31 Azahra 2 42 Kantin Romadhon

10 Cv Karmel 21 Coffe Bakery Andi Ema Tutu

32 Roti 0 43 Oleh Oleh Khas Palu

11 Cv Az-Zahra 1 22 Café Lia 33 Roti Boy

75

Appendix 2. Type House, Area and No of APs of Official Residence

Type

Size /Unit

(M2)

Number of Unit

Number of Family Member/ Ahs/ APs

Total Area

(m2) TYPE 70 70 4 4/16 280

TYPE 50 50 6 6/31 300

TYPE 45 45 2 2/7 90

TYPE 48 48 5 5/25 240

TYPE 36 36 20 1775 (*) 720

Total 37 34/138 1.630

(*) Type 36 occupied by 17 HH , 3 of houses are unoccupied Appendix 3. Description of Service Company in Tenant area

No Name of Business Description of Company

1 Klinik Maxima Medical Laboratory Service with 4 Branch office. Head Office in Kendari ( Sulawesi Tengara)

2 RS Samaritan Private Hospital (type C) with 74 rooms

3 Klinik Agung Medical Laboratory Service with complete medical facilities ( eyes doctor, dentist, emergency unit, delivery birth service, and drugstore)

4 ATM CENTER Automatic Teller Machine

5 PT Sriwijaya AIR Airline Ticketing Service. Head Office in Jakarta

6 PT Lion Air Airline Ticketing Service. Head Office in Jakarta

7 PT Garuda Indonesia Airline Ticketing Service Office . Head office in Jakarta

8 PT Globat Aviation Handling aircraft service, pilot service and fuel. Head Office in Jakarta

9 PT. PTN Human Resources Development for airport ground handling service - Head Office Jakarta

10 PT. GMF Aeroasia Maintenance Service for airplane ( Garuda Airline Group)

11 PT Citi Link Airline Ticketing Service. Head Office in Jakarta

12 PT Kars Inti Amanah Airport ground handling service

13 Perlindungan Buruh Migran (LP3TKI)

Protection and service for Migrant Worker when arrive from oversea and departure to work oversea

14 PT Akar Daya Mandiri Marketing service for telkomsel products

Source; Interview with UPBU MSAJ Airport

76

Appendix 4. Involuntary Resettlement Screening Checklist (updated)

Probable Involuntary Resettlement Effects Yes No Not

known Remarks

A. Involuntary Acquisition of Land

1. Will there be land acquisition? NO Land has been acquired through process of land acquisition (2011-2020). It will be no land acquisition

2. Is the site for land acquisition known? YES EARR Airport sub project does not need land acquisition. Land is available and acquired with total are 149.887 m2 (LA 2011-2020) and LA during 1980-1993

3. Is the ownership status and current usage of land to be acquired known?

YES Detail data of land ownership; in Due Diligent Report EARR Airport - table 7 and 8

4. Will easement be utilized within an existing Right of Way (ROW)?

YES Project has clear boundary of ROW

5. Will there be loss of shelter and residential land due to land acquisition?

YES Land has been acquired through process of land acquisition (2011-2020) 34 affected Households will be temporary loss of house /shelter for about 5 months during rehabilitation and construction of official resident MSAJ Airport. Draft of Resettlement Plan Document regarding temporary relocation is on the process to be reviewed and approved by ADB.

6. Will there be loss of agricultural and other productive due to land acquisition

NO Land has been acquired through process of land acquisition (2011-2020)

7. Will there be losses of crops, trees, and fixed assets due to land acquisition?

YES Land has been acquired through process of land acquisition (2011-2020) Loss of Tree have been identified in landside works as impact during construction. Trees are owned by UPBU MSAJ Airport. Cost of Relocation tree and planting additional trees as replacement of affected tree have been included in UPBU MSAJ Airport and project budget.

8. Will there be loss of businesses or enterprises due to land acquisition

YES No Loss Businesses during land acquisition (2011-2020) loss of income businesses will be happened during construction. It’s related to the temporary relocation for 54 tenants consist of 43 HH owned the business in tenant and 11 and official residences

9. Will there be loss of income sources and means of livelihoods due to land acquisition?

YES During Construction, there are 57 affected tenants that will be temporary relocated. 57 tenants consist of 43 HH owned the business in Tenant area and 14 service company. Loss of income during temporary relocation will be considered in reduction of lease price of tenants as agreed by two parties (MSAJ Airport) and Tenants. Relocation Plan will be prepared in Resettlement Plan Document

B. Involuntary restrictions on land use or on access to legally designated parks and protected areas

77

Probable Involuntary Resettlement Effects Yes No Not

known Remarks

1. Will people lose access to natural resources, communal facilities and services?

NO There are no natural resources area, communal facilities and services in Project site

2. If land use is changed, will it have an adverse impact on social and economic activities?

NO

No change of land use. The project is only for rehabilitation and reconstruction of existing building and runway that damaged by earthquake 2018.

3. Will access to land and resources owned communally or by the state be restricted?

NO

No restriction for communal access and resources. The project is only for rehabilitation and reconstruction of existing building and structure that damaged by earthquake 2018.

C. Information on Displaced Persons:

Any estimate of the likely number of persons that will be displaced by the Project?

[ ] No [ ] Yes

YES

34 Affected Household in official Resident and 43 Households in tenant area will be temporary displaced by the project. Total 77 AHs

If yes, approximately how many?

Approximately 304 Affected People of 7 Affected households

Are any of them poor, female heads of households, or vulnerable to poverty risks?

NO

One of 77 AHH in is Female head house LA 2011-2020 affected to 3 FHHs (Not vulnerable)

[ ] No [ ] Yes

Are any displaced persons from Customary Communities?

NO

No. IP identified in the project area. 77 Affected Households are not Customary Community

[ ] No [ ] Yes

78

Appendix 5. Indigenous People/Customary Communities Impact Screening Checklist

Project Name : Emergency Assistance for Rehabilitation and Reconstruction (EARR)

Modality : Emergency Assistance Loan

Subproject Name : Airport rehabilitated and reconstructed Component 2: Transportation

Infrastructure-

Location : Palu- Central Sulawesi Indonesia

IP Safeguard

Category

: Based on assessment the subproject is classified category C for IPs, so no

IPP shall be prepared.

Subproject Components: Component 2: Transportation Infrastructure Airport rehabilitated and

reconstructed

The subproject includes 2 packages airside and landside.

The scope of airside includes

1. Airside Works. According to the final DED, the scope of the airside works is:

a. Reconstruction of runway for 250 meters (m) at T33 side

b. Reconstruction of 250 m runway including soil and box culvert improvement at T15 side

c. Overlay for the whole runway length of 2,250 m

d. Construction of a new helipad of 900m2

e. Construction of paved shoulders including markers and HWD test for runway pavement.

f. An airfield lighting system installation

2. Landside Works. The scope of the landside works include:

a. Rehabilitation of terminal buildings (structural, architectural, plumbing, electrical & electronic, air

conditioning)

b. Reconstruction of the airport rescue and firefighting building

c. Reconstruction of storage buildings (without expansion)

d. Rehabilitation of toll gates and facilities

e. Rehabilitation of staff residences (walls, floors, ceiling, roofs, electrical installation, and plumbing)

f. Reconstruction of the main power building

Indigenous People Impacts Screening Checklist

KEY CONCERNS

Yes No Not

known Remarks (Provide elaborations on the Remarks

column)

A. Customary Communities Identification

1. Are there socio-cultural groups present in or use the project area who may be considered as Customary Communities?

NO

According to the Indigenous Peoples or customary communities (IPs/CCs) maps by Bureau for Ethnic Area Registration (BRWA) there is no IPs living in Palu city. The map indicate that IPs live in Donggala, Banggai Kepulauan, Banggai, Morowali, Parigi, Poso, Tojo Una, and Toli-Toli. These IPs groups location are far from Project location in Palu City. Source: https;/brwa.or.id/ (Bureau for Ethnic Area Registration IP Kaili live in talise village (7,5Km) from Airport and Raranggonu Mouantain (24 km) from MSAJ Airport (IP Map BRWA 2020)

2. Are there national or local laws or policies as well as anthropological research/studies that consider these groups present in or using the project area as Customary

NO

Based on BRWA Maps- No IP/CC in project area (figure 4) Peoples from Kalili Ledo sub-ethnic live in Birobuli Utara village near the MSJA airport. However, they are not

79

KEY CONCERNS

Yes No Not


column)

Communities? considered as IPs/CCs as they have no communal land and collective attachment to land, no customary leader, and no customary judicial system in place. Kaili ledo in arrouns MSAJ already mixed with other ethnic and adopt modern lifestyle. Most of Kalili Ledo residents are working as Government officer and employee (92%). (Source: Birobuli Utara Village Profile 2019 and it’s confirmed by the village head (Lurah) of Birobuli Utara during the Interview for this DDR on 30 May 2021.)

3. Do such groups self-identify as being part of a distinct social and cultural group?

NO

Residents living around the project areas including Kalili Ledo ethnic do not identify as IPs groups. However, part of Kalili Ledo ethnic still maintains their culture such as teeth cutting ceremony (Nakeso), ceremony for sick healing (Naliya Jinja) and severe ilness (Nopamada).

4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories?

NO

No IPs living around project area. No

5. Do such groups maintain cultural, economic, social, and political institutions distinct from social, and political institutions distinct from the dominant society and culture?

NO

Project site is in central of urban community. No distinct habitat

6. Do such groups speak a distinct language or dialect?

NO

No IPs live in around project areas. Most people di Burobuli utara speaks Kaili Ledo and bahasa Indonesia. Only few people speak in different dialect (ex. Kaili sub etnic Siney) but they understand other languages (Kalili Ledo and Bahasa Indonesia languages or other dialect). There are 7 dialects of Kali: Ledo, ija, adao, unde, Da'a, tara, kulavi lindu, Taba elia (https://amp.compas .com/lifestyle)

7. Have such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against?

NO

Since implementation of Local Autonomy Law (UU 33/2004/ Pilkada), All the Head of Palu City (Walikota) and Head of Village are KAILI Person. Therefore, socially, economically and politically, there is no marginalization, disempowering and discrimination of Kaili. They have integrated formally in social, economic and political system in Palu.

8. Are such groups represented as Customary Communities in any formal decision-making

No

NO Ip in project area Kaili in around MSAJ Airport have integrated formally in social, economic and political system in Palu.

B. Identification of Potential Impacts

1. Will the project directly or indirectly benefit or target Customary Communities?

NO EARR Project have no specific target for IOP/CCs.

2. Will the project directly or indirectly affect Customary Communities' traditional sociocultural

NO

Project site is in central of urban community. No traditional socio cultural will be affected.

3. Will the project affect the livelihood systems of Customary Communities? (e.g., food production system, natural resource management, crafts and trade, employment

No

80

KEY CONCERNS

Yes No Not


column)

4. Will the project be in an area (land or territory) occupied, owned, or used by Customary Communities, and/or claimed as ancestral domain

NO

land is already available. No people occupying or using the land.

C. Identification of Special Requirements

Will the project activities include

1. Commercial development of the cultural resources and knowledge of Customary Communities?

NO

No IPs land and territory use for the subproject. Subproject objective is to restore the infrastructure for improving the airport operation. Development of airport is considered development for public interest.

2. Physical displacement from traditional or customary lands?

NO

No IPs living in project area. Land is already available not occupied by the peoples.

3. Commercial development of natural resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Customary Communities?

NO

4. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by Customary Communities?

NO

5. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by Customary Communities?

NO

No IPs/CCs land or territory is used for the subroject.

81

Appendix 6. Annual Lease Price of Tenant and Due date of Contract

82

Appendix 7. Minute of Meeting – Public Consultation in Official Residence

83

Appendix 8. Statement Letter of agreement to temporary relocation (1)

84

Appendix 9 . Statement Letter of agreement to temporary relocation (2)

85


86

Appendix 11. Statement Letter of regarding agreement to temporary relocation (4)

87


88

Appendix 13. Minute of Meeting regarding stop Lease for Stalls during construction

89

Appendix 14. Minute of Meeting of Temporary relocation for affected offices

90

Appendix 15 Minute of Meeting of Joint Inspection for Affected Tenant

91

Appendix 16. Profile of Affected Household in Official Resident

92

Appendix 17. Profile Affected Household in Tenant Area

93

Appendix 18. Annual Price lease and Due date of Contract for Tenants

94

Appendix 19. Invitation Letter of Public Consultation of Official Residence

96

Appendix 20. Picture of Affected Tenants (Food, Beverage, Souvenir)

97

Appendix 21. Content of Public Information Booklet (PIB)

1. What is the EARR project ? The Emergency Assistance for Rehabilitation and Reconstruction (EARR) is the project to support the Government of Indonesia in reconstruction of the critical infrastructure damaged by the devastating natural disasters occurred in Palu and its surrounding areas, Central Sulawesi Province in September 2018. One of EARR’s subprojects is the reconstruction and rehabilitation of the Mutiara Sis Al Jufri Airport in Palu, that severely damaged by the disaster.

2. What are work packages of subproject ? The subproject includes two packages, i.e., airside works (CW 1) and land side works (CW2). Airside work CW 1 are as following : (i) Soil Improvement on Runway pavement TH 15 – 33 (ii) Box Culvert Strengthening (iii) Helipad construction including marker and navigation tool (1 Unit) ( iv) Runway Rehabilitation and reconstruction (v) AFL Installation, reinstallation and Procurement (vi) HWD Test for runway pavement. In addition, land side work CW 2 are including (i) Rehabilitation and Reconstruction of Terminal Buildings, Flight Accident and Fire Fighter Relief Buildings (PKP-PK), Cargo Building. Multipurpose Building Entrance Gate Planning and Rehabilitation of the Official Residences.

3. Why does the project require Resettlement Plan ? There is temporary relocation as effect of CW2 work. Considering the temporary relocation that potentially economic displacement, the project require a Resettlement Plan (RP) refer to the Resettlement and Customary Communities Development Framework (RCCDF

4. What is a Resettlement Plan (RP) ?

The Resettlement Plan (RP) is a planning document that describes impacts of temporary relocation activities. It provides for adequate compensation for lost assets or/and income for affected people. The Resettlement Plan was prepared in consultation with Affected People (AP) and concerned groups. The RP is meant to ensure that affected people do not become worse off as a result of the sub-project activities.

5. What is scope of impact of Resettlement Plan?

Temporary relocation includes 57 tenants (consist of 43 affected households (204 family member), 14 service companies in the airport terminal building and 34 households (138 family members) who stay in official residential of MSAJ Airport Palu.

6. What is entitlement ?

Package of compensation includes income substitution through adjusted lease price of tenant area , and relocation support such as support for moving item cost and free temporary relocation house, providing temporary tenant area etc. depending on the type and severity of their losses, to restore their economic and social base.

7. Who is entitled Person ? The entitled Person is 57 tenants (consist of 43 affected households (204 family member), 14 service companies and 34 households (138 family members) who stay in official residential of MSAJ Airport Palu. They are entitled the package of compensation

8. What are the key principles of resettlement under EARR ?

Resettlement Plan of EARR is based on the following Principe.

a. Impacts and risks of involuntary resettlement shall be avoided or minimized. Land acquisition of traditional/ancestral lands will be avoided;

b. Carry out culturally appropriate and gender-sensitive Social Impact Assessments (SIA) to assess potential impacts on APs particularly with customary communities living in the EARR areas and concerned NGOs, and ensure their participation in the

98

project cycle; c. Conduct meaningful consultations with affected APs/customary communities, host

communities (if any relocation), and concerned NGOs or community groups to solicit their participation across the project cycle

d. Consultation: In areas that affect customary lands, full consultation to generate consensus with customary communities will be upheld to define the areas with customary rights of the local people

e. Improve or at least restore the livelihood of the APs/customary communities; f. Involve APs/customary communities in resettlement and customary communities

planning and cover all appropriate mitigation measures to improve, or at least restore, the livelihoods of all APs/customary communities, especially vulnerable groups so that the living standard of APs/customary communities do not become worse off compared to pre-project levels. Social safeguards planning documents should elaborate on culturally appropriate GRM,

g. Assist and compensate APs/customary communities without title or any recognizable legal rights to land for non-land assets at replacement cost. Specific attention will be paid to women, women-headed households, the elderly and other vulnerable persons;

h. Disclose the draft social safeguards planning documents and its updates before subproject appraisal to the APs/customary communities and other stakeholders in an accessible place and a form and understandable language;

i. Ensure costs for preparing and implementing RP/RCCDP will be included in and financed out of the project cost.

j. Any voluntary donation and negotiated settlement will follow procedure in a transparent, consistent, and equitable manner principles and be confirmed trough written record and verified by an independent third party;

k. Pay compensation and other entitlements before physical and economic displacement.

l. Monitor implementation of the social safeguards planning documents; m. Disclose monitoring reports as uploaded on to ADB and the project websites; and

with project sites specifically to the affected communities/persons in summary form n. Should unanticipated involuntary resettlement and customary community impacts

be determined during project implementation, the IAs will ensure the conduct of a social impact assessment and update the social safeguards planning documents or formulate a new

9. Who is responsible for resettlement activities and Project Implementation? DGCA – MOT will be the executing agency (EA) who has overall responsibility for coordination, policy directions, and administration of EARR AIrport Project. The PIU/PPK /MSAJ Airport will responsibility for day to day management and supervision of RP and will be accountable for technical, safeguards, and financial reporting. Contractor will be in charge to implementation of relocation process.

10. How to monitor the resettlement plan and implementation?

Internal monitoring will be undertaken throughout the relocation process. .

11. What is the tentative schedule for RP/Temporary relocation and its implementation?

Temporary relocation will be carried out June 2022- Dec 2022

12. How are the grievances of APs heard and resolved?

99

Project Implementation Unit (PIU) have appointed a Public Complaints Officer (PCO) to coordinate the GRM and deal with complaints from affected people throughout implementation of subprojects . The PCO’s or DGCA (PIU) phone number, address, email address will be put in the PIB and disseminated to the people through displays at the respective offices and at construction sites.

13. Who should be contacted for any inquiries about the Project?

1. UPBU MSAJ airport / PIU

2. Contractor- GRM Staff in Charge

100

Appendix 22. Picture of Social Economic Survey (SES)

101

Appendix 23. Distribution of Information Brochure

102

Appendix 24. Picture of Door-to-Door Consultation in Official Residence and Tenant Area

103

Door to door Consultation in Tenant area

104

Appendix 25. Picture of Socialization and Joint Inspection - affected tenants

Tenant Socialization (31 Jan 2022) Tenant Socialization (31 Jan 2022

Joint Inspection of Tenant Area Joint Inspection of Tenant Area

105

Appendix 26. Picture of Moving Process of Relocation in Official Residence

106

Appendix 27. Affected Tree owned MSAJ Airport

NO Name of Tree

Relocation

/Replanting Cutting/Clearing

1 Serut/Siamese Rough bush

(moraceae)

2 1

2 Beringin dolar /Banyan (ficus

Benjamina)

2

3 Palem/Palm 15

4 Pucuk Merah/ (syzygium

paniculatum)

17 3

5 Palem Kuning/ yellow Palm 1

6 Kamboja/plumeria 1

7 Bonsai 5

8 Jambu/guava 1 1

9 Kipas/livistone chinensis 0 1

10 Alkuador Kuning/prosopis Palida 1

11 Sawo/Manilkara Zapota 2

12 Kertas/Bougenvillea 0 1

13 Sepatu/Hisbiscus rosa-sinensis 1

14 Trembesi/Rain Tree/Samanea

Saman

4

52 7

107

Appendix 28. Decree of Occupancy of Official Residence

110

Appendix 29. Contract Agreement between tenant and MSAJ Airport

117

Appendix 30. Income of Ahs and Poverty Line- Palu City 2020

No Name of Head of AH Sex Age Eduaction Occupation Family

number Income Income/APs

Minimal Income per

capita refer Poverty

Line Palu City 2020

Status

1 Yunus Panto/Jul ly M 45 Diploma/University Civil Servant 7 5.750.000 821.429 559.000 Not poor

2 Asis M 53 Diploma/University Civil Servant 3 6.000.000 2.000.000 559.000 Not poor

3 M Ramlan M 38 Diploma/University Civil Servant 4 8.000.000 2.000.000 559.000 Not poor

4 Ivan M 47 Diploma/University Civil Servant 5 5.500.000 1.100.000 559.000 Not poor

5 Hasan Azis M 43 Diploma/University Civil Servant 5 5.000.000 1.000.000 559.000 Not poor

6 Rinto S Mustapa M 40 Diploma/University Civil Servant 3 6.000.000 2.000.000 559.000 Not poor

7 Adi Putra Tri H M 37 Diploma/University Civil Servant 5 6.000.000 1.200.000 559.000 Not poor

8 Rizky,Amelia. Rauf M 39 Diploma/University Civil Servant 5 7.000.000 1.400.000 559.000 Not poor

9 Muhammad Kholid M 39 Diploma/University Civil Servant 3 7.000.000 2.333.333 559.000 Not poor

10 Novitri Samudin M 49 Diploma/University Civil Servant 4 6.500.000 1.625.000 559.000 Not poor

11 Arif -Laila Nadia A M 38 Diploma/University Civil Servant 5 7.000.000 1.400.000 559.000 Not poor

12 Reza M 37 Diploma/University Civil Servant 4 5.000.000 1.250.000 559.000 Not poor

13 Faisal SE M 46 Diploma/University Civil Servant 4 6.000.000 1.500.000 559.000 Not poor

14 Febri Eko Kurniawan M 43 Diploma/University Civil Servant 5 6.000.000 1.200.000 559.000 Not poor

15 Ricando Swardika Kolh M 32 Diploma/University Civil Servant 4 6.000.000 1.500.000 559.000 Not poor

16 Hasrudin Upin Arif M 36 Diploma/University Civil Servant 5 7.000.000 1.400.000 559.000 Not poor

17 Femilian Lakoro F 39 Diploma/University Civil Servant 4 7.000.000 1.750.000 559.000 Not poor

18 Hanifa permata M 39 Diploma/University Civil Servant 5 8.000.000 1.600.000 559.000 Not poor

19 Hasan Muhammad M 31 Diploma/University Civil Servant 4 7.000.000 1.750.000 559.000 Not poor

20 Syarif Lamanta M 31 Diploma/University Civil Servant 3 8.000.000 2.666.667 559.000 Not poor

21 Fitria Irwansyah (single0 F 31 Diploma/University Civil Servant 2 7.000.000 3.500.000 559.000 Not poor

22 Zulkarnaen M 47 Diploma/University Civil Servant 4 5.500.000 1.375.000 559.000 Not poor

23 Rinto Akse M 43 Diploma/University Civil Servant 4 6.000.000 1.500.000 559.000 Not poor

24 Michael M 40 Diploma/University Civil Servant 5 6.000.000 1.200.000 559.000 Not poor

25 Andi Reza M 37 Diploma/University Civil Servant 3 6.000.000 2.000.000 559.000 Not poor

26 Hendra M 39 Diploma/University Civil Servant 4 7.000.000 1.750.000 559.000 Not poor

27 Rian Puntung M 39 Diploma/University Civil Servant 4 7.000.000 1.750.000 559.000 Not poor

28 Wardi Wasir M 49 Diploma/University Civil Servant 5 5.500.000 1.100.000 559.000 Not poor

29 Ali Imran M 38 Diploma/University Civil Servant 5 6.000.000 1.200.000 559.000 Not poor

30 Hastta Hasututi M 37 Diploma/University Civil Servant 4 6.000.000 1.500.000 559.000 Not poor

31 Yusuf Kasim M 46 Diploma/University Civil Servant 4 6.000.000 1.500.000 559.000 Not poor

32 Syaiful M 47 Diploma/University Civil Servant 3 7.000.000 2.333.333 559.000 Not poor

33 Yansir M 43 Diploma/University Civil Servant 2 7.000.000 3.500.000 559.000 Not poor

34 Nana M 40 Diploma/University Civil Servant 2 5.500.000 2.750.000 559.000 Not poor

118

No Name of Head of

AH

Name of businnes Sex Age Education Main Occopation Family

member

Income/HH Income/APs Minimal Income per

capita refer Poverty

Line Palu City 2020

Status

1 Hj Johani Kantin Madeceng F 56 Senior High

School

Business women 3 15.000.000 5.000.000559.000 Not poor

2 Ahmad /Milda KANTIN MR M 34 Diploma/

University

Businessman 6 8.500.000 1.416.667559.000 Not poor

3 AGUS / Dra.DIAH

AGUSTININGSIH,M.PdKopi Sigi /Dispar SIGI

TORATINA KAFE

M 40 Diploma/

University


4 RESKI SERLY Kantin Narasa M 50 Diploma/

University


5 Pak Rasud Bakso Malang/ H& C

/Sabrina/

M 50 Diploma/

University


6 Asma Gunawan Darma Wanita Bandara M 52 Diploma/

University


7 Ramadhan/ ali SusantoCOFFE O M 52 Diploma/

University


8 Hj Rohana Oleh-oleh Khas Palu Phinis M 45 Diploma/

University


9 Rahman /Rahwati kings Corner M 47 Diploma/

University


10 ERENS KAREL SAMPE Cv Karmel M 45 Diploma/

University


11 Nurasma Cv Az-Zahra 1 M 43 Diploma/

University


12 A Amran/Maria Sakka Kantin Verkin M 55 Diploma/

University


13 I NYOMAN SUMARDIKAEbony Café & Lounge M 53 Diploma/

University


14 Marten Kantin Nusantara M 50 Diploma/

University


15 A.Nuni Kantin Berkah M 53 Diploma/

University


16 Ahmad/DEWI

INDAHYANID'Fifa Café M 45 Diploma/

University


17 ARMAN JOHARA Browyaku M 51 Diploma/

University


18 AIMAN C Alfathmart M 50 Diploma/

University


19 ANDI F.N Kantin Andi Aqila M 49 Diploma/

University


20 Agus Is Kantin Anugrah M 45 Diploma/

University


21 Saparudin Coffe Bakery Andi Ema TutuM 43 Diploma/

University


22 J. RORIMPANDEY Café Lia M 41 Diploma/

University


23 ARIF/ ASMAUL HUSNA Café 3 Putri/ M 43 Diploma/

University


24 YUNUS/IBU RUGAIAH Kantin Khaniya M 46 Diploma/

University


25 Agung/ Musdalifah Orange mini café M 32 Diploma/

University


26 UBED/WULANDARI Cv Inninawa Café M 47 Diploma/

University


27 SARNI/ VETRONELA

TANTADJIVEGA AMORELZA M 41 Diploma/

University


28 Andi Dulu MAHKOTA BAWANG GORENGM 45 Diploma/

University


29 RUSTAM Queen Caffe M 46 Diploma/

University


30 Rosdiana Kantin Rizki M 40 Diploma/

University


31 Nurasma Azahra 2 M 53 Diploma/

University


32 Ali Susanto Roti o M 49 Diploma/

University


33 Fatma Roti Boy M 47 Diploma/

University


34 Rendi BATIK BANAVA 01 M 51 Diploma/

University


35 Agung/Fitri COKELAT SULTENG M 48 Diploma/

University


36 H. SYAIFULLAH DJAFAR DWP PROP. SULTENG M 55 Diploma/

University


37 Rohman DEKRANASDA KOTA M 45 Diploma/

University


38 DIAN /ANGGRIANI MARACANA CAFÉ M 49 Diploma/

University


39 M. NUR ANDI KANTIN INDONESIA

RAYA

M 45 Diploma/

University


40 Samsu Bunga Kaili /Mahkota M 41 Diploma/

University


41 Aman 3 Bidadari M 39 Diploma/

University


42 Andika/Rita Kantin Romadhon M 46 Diploma/

University


43 Jafar/Linda OLE-OLE KHAS Paul M 43 Diploma/

University


119

Appendix 31. Invitation of Coordination Meeting for affected Household in Official Residence

120

Appendix 32. Assessment on Involuntary Resettlement Policy Gap

Principles GOI Laws: Law 2/2012 &

Implementing Regulations & other relevant laws & regulations

ADB Policy

Project Policy

Screening of the The legal framework lacks a Screen the project early Screen the subproject to project stand-alone screening on to identify past, identify involuntary

requirement for involuntary present, and future resettlement impacts and resettlement impacts. There is no involuntary resettlement, risks. Subproject triggers explicit stipulation for conducting involuntary resettlement and a screening and assessment of subproject with category A as impacts when land acquisition per SPS will not be selected. involves land purchase.

Meaningful The legal framework provides Pay attention to the Meaningful consultation shall Consultations greater protection of human rights needs of vulnerable pay attention to the vulnerable

to children, the poor, and the groups, especially those groups (the poor, the landless, disabled, also against below the poverty line, the elderly, women and discrimination to women. the landless, the elderly, children, Indigenous Peoples, However, it does not mandate to women and children, and those without legal title to afford special attention to the Indigenous Peoples, and land). needs of vulnerable groups and those without legal title Ensure their participation in to ensure their participation in to land, and ensure their consultations consultations. Some key groups participation in

may not be considered as consultations applied.

vulnerable (e.g., women, the

landless, and those without legal

title to land

Negotiated Land A government regulation on Develop procedures in a Negotiated land acquisition Acquisition negotiated settlement provides for transparent, consistent, shall be undertaken in a

a procedure to implement direct and equitable manner if transparent, free from purchase for parcels of land of land acquisition is intimidation, compensation at 5ha and less; however eminent through negotiated replacement cost. domain may still be triggered if settlement Independent party shall be negotiations fail. There may be no mobilized to ensure that the option for an affected person to negotiations are fair and opt out from the deal transparent,

Level of Compensation will be provided Compensation rate will The principle of full Compensation and based on valuation of be calculated at full replacement cost will be bases of Calculation independent appraiser that cover replacement cost to be applied. In case of involuntary Depreciation of (i) land; (ii) over ground and determined by an resettlement, capital gains tax affected structure underground spaces; (iii) building; independent appraiser and the costs of transferring value (iv) plant related to land and/or; experienced in ownership, including the cost vi)s; (v) objects other appraisable assessing acquired of new land certificates, will loss such loss of business, jobs, assets. For involuntary not be deducted from the change of professional, and resettlement, no compensation of those who moving costs. deduction on taxes and will lose lands. administrative costs for

Tax incentive is provided to: (a) affected lands, as well In case there will be deduction person who supports the project; as no depreciation in the of tax for negotiated land (b) person who does not file a value of the affected acquisition, the deduction complaint related to project structure will be applied, should be clearly consulted location determination and/or and agreed by the affected compensation. persons.

Law is silent on issue of Compensation at full application of depreciation when replacement cost for affected calculating compensation for structures will be determined affected structures. However, based on the replacement evaluation standard set by

121

Principles

GOI Laws: Law 2/2012 & Implementing Regulations &

other relevant laws & regulations

ADB Policy

Project Policy

Independent appraisers’ cost of a new building without any depreciation.

Compensation at full replacement cost based on valuation by independent appraisers for any physical and economic displacement.

Compensation for share based on losses at croppers be provided at replacement cost prior to economic and physical displacement .

The principle to provide compensation for non-land assets at replacement cost will be applied. Assistance in the form of livelihood restoration and relocation assistance will be provided.

If there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities. Transitional support and development assistance will be included in the total cost born by displaced persons. Institution needing land can address this through livelihood restoration measures Integrate resettled persons economically and socially into their host communities, and extend project benefits to host communities.

Livelihood restoration measures or program will be provided to severely affected and vulnerable AHs. Severely affected household and other vulnerable groups will be identified at resettlement

association (MAPPI, 2015) does

not apply depreciation for

physical condition of the affected

building. For affected buildings,

MAPPI applies solatium

(emotional compensation) of

10% - 30% of the total

compensation for physical loss.

administrative costs will be

Transaction and borne by the

project.

Compensation for Compensation for Sharecroppers Law 2/2012 and its elucidation, affected land and non- 71/2012 stipulate that owners of land assets should be trees/plants are entitled for provided at replacement compensation of affected cost. trees/plants.

Compensation and The legal framework provides Ensure displaced assistance to compensation and assistance for persons without titles or displaced persons displaced persons without tittle or any recognizable without legal title or any recognizable legal rights to training, or employment any Recognizable land unless their legitimate claims opportunities. legal legal rights cannot be proven/recognized rights to land are eligible prior to land LAR implementation. for resettlement However, application of full assistance and replacement cost for people compensation at utilizing land has been owned by replacement cost for the agency needing the land is loss of non-land assets. unclear.

Article 36 of Perpres 71 of 2012 Physically and indicates the task of appraiser to Economically displaced carry out the appraisal of the persons are provided amount of compensation which transitional support and includes: a. Land; b. Space above development assistance, and below the surface of the land; such as land c. Buildings; d. Plants; e. Objects development, credit related to the land; and/or f. Other facilities, appraisable loss” means

nonphysical loss equivalent to

money value, for example, loss

due to loss of business or job,

cost of change of location, cost of

change of profession, and loss of

value of the remaining property.

The law and regulations stipulate

on compensation for affected

asset, yet do not stipulate on the

assistance to the non-land rights

holders and other economic loss.

Relocation Support

Hight Risk of Not covered in new Land Law but Particular attention must Impoverishment Law No. 11/2009 on Social be given to the needs of Welfare and its implementing poor and vulnerable APs regulation Ministry of Social that face the risk Welfare Decree No. 39/2012 marginalization and of states: To cover or identify further impoverishment. vulnerable/severely impacted

people by the project as early as

122

Principles

GOI Laws: Law 2/2012 &

Implementing Regulations & other relevant laws & regulations

ADB Policy

Project Policy

possible it can be covered in planning stage. Livelihood Social Impact Assessment of restoration assistance will be AMDAL as referred in provided to them through social Environmental Law no. 32/2009 program in collaboration with and other relevant Government the local government Regulation on Environmental

Permits.

Public Disclosure Disclosure of resettlement The draft and agreed Pre-IOL and post-IOL activities is done part by part, not social safeguard consultations will be held with in a piece of LAP document. planning document at stakeholders and entitled PPTA, and the draft and parties. The approved social There has been disclosure on agreed updated social safeguard planning document project plan and requirement for safeguard planning will be disclosed to entitled land acquisition at the preparatory document at project parties and other stakeholders stage of land acquisition handled implementation will be in accessible forms, languages by the Office of the Governor and disclosed to the APs and and places, and posted on the implementation of land acquisition other stakeholders in ADB website. Monitoring stage by Land Acquisition accessible forms, reports during implementation Implementation Team (LAIT) led languages and places. will likewise be posted on the by regional ATR/BPN. In addition, The same will be posted project and ADB websites. there are consultations should be on the ADB website.

conducted at the preparatory and

implementation stages of land

acquisition to discuss project

plan, project location and land

acquisition needs, valuation by

appraiser, identification and

inventory, identification and

inventory, compensation.

Monitoring of Land National Agency (BPN) Monitor and assess English versions of social resettlement impacts carries out the monitoring and resettlement outcomes, safeguard planning document at Project evaluation towards the control, their impacts on the implementation M & E reports Implementation ownership, utilization and benefits standards of living of will be prepared and submitted of the results of the Land displaced persons, and to the ADB and results posted Acquisition for Development in whether the objectives of on the ADB and project the Public Interest. the resettlement plan websites. have been achieved by

MASP/NLA is only responsible in taking into account the

the monitoring implementation baseline conditions and

phase and delivering result the results of

excluding planning and resettlement monitoring.

preparation states. Disclose monitoring

reports.

123

Appendix 33. Invitation letter for affected tenant ( 31 January 2022) and Picture

126

Appendix 34. Statement Letter regarding to return to previous location after completion of construction

127

Appendix 35. Tentative Calculation for the loss of income

A B A B

1 Kantin Madeceng 9.000.000 12.000.000 8% 6 4.320.000 5.760.000

2 KANTIN MR 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

3 Kopi Sigi /Dispar SIGI

TORATINA KAFE

4.500.000 8.000.000 10% 6 2.700.000 4.800.000

4 Kantin Narasa 4.000.000 7.500.000 10% 6 2.400.000 4.500.000

5 Bakso Malang/ H& C /Sabrina/ 5.000.000 9.000.000 11% 6 3.300.000 5.940.000

6 Darma Wanita Bandara 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

7 COFFE O 6.000.000 10.000.000 10% 6 3.600.000 6.000.000

8 Oleh-oleh Khas Palu Phinis 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

9 kings Corner 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

10 Cv Karmel 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

11 Cv Az-Zahra 1 5.000.000 8.000.000 10% 6 3.000.000 4.800.000

12 Kantin Verkin 4.000.000 7.500.000 10% 6 2.400.000 4.500.000

13 Ebony Café & Lounge 10.000.000 12.000.000 10% 6 6.000.000 7.200.000

14 Kantin Nusantara 10.000.000 12.000.000 10% 6 6.000.000 7.200.000

15 Kantin Berkah 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

16 D'Fifa Café 5.000.000 9.500.000 10% 6 3.000.000 5.700.000

17 Browyaku 5.000.000 9.000.000 14% 6 4.200.000 7.560.000

18 Alfathmart 5.000.000 9.500.000 10% 6 3.000.000 5.700.000

19 Kantin Andi Aqila 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

20 Kantin Anugrah 5.000.000 8.500.000 13% 6 3.900.000 6.630.000

21 Coffe Bakery Andi Ema Tutu 4.000.000 7.500.000 10% 6 2.400.000 4.500.000

22 Café Lia 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

23 Café 3 Putri/ 5.000.000 8.000.000 10% 6 3.000.000 4.800.000

24 Kantin Khaniya 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

25 Orange mini café 5.000.000 9.500.000 10% 6 3.000.000 5.700.000

26 Cv Inninawa Café 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

27 VEGA AMORELZA 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

28 MAHKOTA BAWANG GORENG 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

29 Queen Caffe 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

30 Kantin Rizki 5.000.000 8.500.000 13% 6 3.900.000 6.630.000

31 Azahra 2 5.000.000 9.000.000 10% 6 3.000.000 5.400.000

32 Roti o 5.000.000 8.500.000 13% 6 3.900.000 6.630.000

33 Roti Boy 5.000.000 8.000.000 13% 6 3.900.000 6.240.000

34 BATIK BANAVA 01 4.000.000 7.500.000 13% 6 3.120.000 5.850.000

35 COKELAT SULTENG 5.000.000 8.500.000 13% 6 3.900.000 6.630.000

36 DWP PROP. SULTENG 5.000.000 9.500.000 10% 6 3.000.000 5.700.000

37 DEKRANASDA KOTA 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

38 MARACANA CAFÉ 5.000.000 8.500.000 10% 6 3.000.000 5.100.000

39 KANTIN INDONESIA RAYA 4.000.000 7.500.000 10% 6 2.400.000 4.500.000

40 Bunga Kaili /Mahkota 5.000.000 8.000.000 10% 6 3.000.000 4.800.000

41 3 Bidadari 4.000.000 7.500.000 12% 6 2.880.000 5.400.000

42 Kantin Romadhon 4.000.000 7.500.000 10% 6 2.400.000 4.500.000

43 OLE-OLE KHAS Palu 5.000.000 8.000.000 10% 6 3.000.000 4.800.000

Total 139.620.000 236.970.000

No. Name of Business

Monthly Revenue (IDR)

(between A-B)

Estimated

Revenue

Decerase

/Monthly

(IDR)

Duration in

Temporary

Tenant

(Month)

Loss of Income (IDR)

(Between A-B)

128

Appendix 36. Percentage of Loss of Revenue/Sales per Month During Construction based on Tenants Perception (SES, February 2022)

NO Name of Canteen/ShopsPERCEPTION on Loss of Revenue/sales

per month During Construction

1 Kantin Anugerah 13%

2 Batik Banava 01 13%

3 Browyaku 14%

4 Coklat sulteng 13%

5 H&C (sabrina Kantin)/bakso 11%

6 Roti O 13%

7 Roti Boy 13%

8 Kantin 3 Bidadarii 12%

9 Kantin Rezki 13%

10 Ebony café 10%

1 Kantin Madeceng 8%

2 KANTIN MR 8%

3Kopi Sigi /Dispar SIGI TORATINA

KAFE7%

4 Kantin Narasa 7%

5 Oleh-oleh Khas Palu Phinis 7%

6 kings Corner 8%

7 Cv Karmel 8%

8 Cv Az-Zahra 1 7%

9 Kantin Verkin 8%

10 Kantin Nusantara 8%

11 Kantin Berkah 7%

12 D'Fifa Café 7%

13 Alfathmart 8%

14 Kantin Andi Aqila 7%

15 Kantin Khaniya 8%

16 Orange mini café 8%

17 VEGA AMORELZA 7%

18 MAHKOTA BAWANG GORENG 8%

19 Azahra 2 7%

20 Queen Caffe 8%

21 MARACANA CAFÉ 7%

283%

9,1%

Total

Average Loss of revenue per months (%)

Note . 9,1% rounded up to 10%

Category > =10%- 20%

Category below 10%-

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