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i REDUCING POVERTY THROUGH ECONOMIC GROWTH GREEN PROSPERITY PROJECT ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM (GP Project ESMS) September 2014 VERSION 1.1 Millennium Challenge Account - Indonesia (MCA-Indonesia) MR21 Building, 11th Floor Jalan Menteng Raya no. 21, Jakarta 10340, Indonesia T: +62 21 3983 1971 (central) | F: +62 21 3983 197 www.mca-indonesia.go.id

GREEN PROSPERITY PROJECT ENVIRONMENTAL AND SOCIAL ... · developed the Tier-2 GP Project Environmental and Social Management System (GP Project ESMS) as a framework to guide environmental

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i

REDUCING POVERTY THROUGH ECONOMIC GROWTH

GREEN PROSPERITY PROJECT ENVIRONMENTAL AND SOCIAL

MANAGEMENT SYSTEM (GP Project ESMS)

September 2014 VERSION 1.1

Millennium Challenge Account - Indonesia (MCA-Indonesia) MR21 Building, 11th Floor

Jalan Menteng Raya no. 21, Jakarta 10340, Indonesia T: +62 21 3983 1971 (central) | F: +62 21 3983 197

www.mca-indonesia.go.id

ii

Table of Contents

List of Tables v

List of Figures vi

Abbreviations vii

1 Introduction ............................................................................................................................. 1

2 Background .............................................................................................................................. 1

2.1 Overview of theMCA-IndonesiaESMSPolicy Statement................................................ 2

2.2 Environmental and Social Safeguards and the ESMS .................................................... 3

2.2.1 MCA-IndonesiaESMS Framework .................................................................... 3

2.2.2 IFC Performance Standards ............................................................................. 5

2.2.3 ESMS Framework ............................................................................................. 5

3 The Green Prosperity Project ESMS ......................................................................................... 6

3.1 Overview of the GP Project ........................................................................................... 6

3.2 Tier-2 GP Project ESMS ................................................................................................. 7

3.3 Tier-3 GP Investment ESMS .......................................................................................... 8

4 Participatory Land Use Planning .............................................................................................. 9

4.1 Implementation of the PLUP Activity .......................................................................... 10

4.2 Environmental and Social Assessment in PLUP .......................................................... 10

4.3 Environmental and Social Action Plan in PLUP ........................................................... 11

4.4 Grievance Mechanism in PLUP Activity ...................................................................... 11

4.5 PLUP Environmental and Social Reporting ................................................................. 11

5 Technical Assistance and Oversight ....................................................................................... 12

6 The Green Prosperity Facility ................................................................................................. 12

6.1 Call for Proposals/Expression of Interests .................................................................. 13

6.2 Potential Risks and Impacts of the GPF Windows ...................................................... 14

7 Green Knowledge ................................................................................................................... 18

8 GP Geographic Focus ............................................................................................................. 18

8.1 GP Landscape Approach .............................................................................................. 19

9 GP Stakeholders ..................................................................................................................... 19

9.1 Key Stakeholders ......................................................................................................... 19

9.2 Stakeholder and Community Engagement ................................................................. 20

10 GP Environmental and Social Legal Framework .................................................................... 20

iii

11 Other Environmental and Social Measures for the GP Project .............................................. 21

11.1 Affected People and Project Beneficiaries .................................................................. 21

11.2 Strategic Environmental and Social Assessment (SEA) ............................................... 22

11.3 Green House Gas Emission and Climate Change ........................................................ 23

11.4 Public Consultation and Disclosure ............................................................................. 24

11.5 Grievance Mechanism ................................................................................................. 24

11.6 Occupational Health and Safety .................................................................................. 25

11.7 Land Acquisition and Resettlement ............................................................................ 26

11.8 Indigenous People ....................................................................................................... 27

11.9 Cultural Heritage and Chance Find Procedure ............................................................ 27

11.10 Social and Gender Integration Plan (SGIP) .................................................................. 27

11.11 Lifescape analysis in GP ............................................................................................... 28

12 Environmental and Social Management oftheGP Project ..................................................... 28

12.1 Environmental, Social Impact Assessment (ESIA) ....................................................... 28

12.2 Environmental and Social Management Plan ............................................................. 30

12.3 Environmental Permit ................................................................................................. 31

12.4 Environmental Reporting, Monitoring and Evaluation ............................................... 31

13 Institutionalization of the GP Project ESMS ........................................................................... 32

13.1 Implementation and Management of the GP Project ESMS ...................................... 33

13.2 Roles and Responsibilities ........................................................................................... 34

13.3 Resources for Effective GP Project ESMS Implementation ......................................... 35

13.4 Budget Requirements ................................................................................................. 36

13.5 GP Internal Capacity Assurance .................................................................................. 36

13.6 Capacity Development and ESMS Roll-Out ................................................................. 37

13.7 Compliance and Environmental Audit ........................................................................ 38

13.8 Reporting of Environmental and Social Performance ................................................. 38

13.9 Review and Revision of the GP Project ESMS ............................................................. 39

iv

List of Appendices

Appendix 1. GP Project ESMS Process Flows ................................................................................. 40

Appendix2. Project Screening and Scoping Checklist ................................................................... 41

Appendix 3. GP Project Tier 2 ESMS Screening Flow and Instruments .......................................... 45

Appendix4.GP Project Tier 2 ESMS Instruments/Tools .................................................................. 46

Appendix5. GP Project Tier 3 ESMS Screening Flow and Instruments ........................................... 47

Appendix6. GP Project Tier 3 ESMS Instruments/Tools ................................................................. 48

Appendix7. Environmental and Social Performance Datasheet .................................................... 65

Appendix 8. Environmental and Social Performance Guidelines for Indicative Green Prosperity

TypologyProjects. ...................................................................................................... 68

Appendix 9. Environmental Impact Assessment Requirements based on Minister of

Environment Decree No. 5 year 2012 in combination with IFC PS Measures: ......... 65

Appendix 10. Public Consultation and Disclosure Guidance .......................................................... 66

Appendix11a. Land Acquisition and Resettlement Policy Framework (LARPF) ............................. 70

Appendix 11b. Outline of Land Acquisition and Resettlement Action Plan-(LARAP) ..................... 78

Appendix 11c. Outline of Action Plan for Access Restriction ......................................................... 79

Appendix 11d. Example of Statement Letter of Land Donation .................................................... 80

Appendix 12. Indigenous Peoples Planning Framework (IPPF) ...................................................... 81

Appendix 13. Physical Cultural Chance Find Procedures ............................................................... 87

v

List of Tables

Table 1 The Eight GP Typpology Projects ................................................................................... 13

Table 2 Environmental and Social Requirement in Proposals .................................................... 14

Table 3 Potential Environmental and Social Risks and Impacts associated with the GP facility 15

Table 4 GP Project Districts ........................................................................................................ 18

Table 5 Indonesian regulations that apply to GP activities. ....................................................... 20

Table 6 Division of Responsibilities between GP Project ESMS and Specific-projects ESMS ..... 34

vi

List of Figures

Figure 1 The Tier Approach ESMS in the GP Project ...................................................................... 3

Figure 2: The six elements of ESMS.................................................................................................. 4

Figure 3: Typical ESMS Components ................................................................................................ 6

Figure 4: Components of GP Project ESMS and GP sub/Specific-project (GP Investments).......... 17

Figure 5: Organizational Structure for MCA-Indonesia and its Green Prosperity Project Unit ..... 33

vii

Abbreviations

AMDAL : Analisa Mengenai Dampak Lingkungan/Environmental Impact Assessment

CDC : Cocoa Development Centres

CSO : Civil Society Organization

DRA : District Readiness Assessment

EOI : Expression of Interest

ERR : Economic Rate Return

ESAP : Environmental and Social Action Plan

ESIA : Environmental and Social Impact Assessment

ESMP : Environmental and Social Management Plan

FFS : Farmer Field School

FGD : Focus Group Discussion

FPIC : Free, Prior, Informed and Consent

GHG : Green House Gases

GIS : Geographical Information System

GK : Green Knowledge

GoI : Government of Indonesia

GP : Green Prosperity

GPF : GP Facility

IFC : International Finance Corporation

IFC PS : International Finace Corporation Performance Standard

IP : Indigenous Peoples

IPP : Indigenous Peoples Plan

IPP : Initial Project Proposal

IPPF : Indigenous Peoples Planning Framework

LARPF : Land Acquisition and Resettlement Policy Framework

LARAP : Land Acquisition and Resettlement Action Plan

M&E : Monitoring & Evaluation

MCA : Millennium Challenge Account

MCC : Millennium Challenge Corporation

MoU : Memorandum of Understanding

MW : Megawatt

NGO : Non Government Organization

NRM : Natural Resources Management

O&M : Operation & Maintenance

PCDP : Public Consultation and Disclosure Plan

PIU : Project Implementation Unit

PLN : Perusahaan Listrik Negara (State Owned Electricity Company)

PLUP : Participatory Land-Use Planning

PM : Procurement Modernization

POME : Palm Oil Mill Effluent

PPF : Project Preparation Facility

PV : Photovoltaic

QDR : Quarterly Disburshment Request

viii

RAP : Resettlement Action Plan

RE : Renewable Energy

RKL/RPL : Rencana Pengelolaan Lilngkungan/Rencana Pemantauan Lingkungan

(Environmental Management and Monitoring Plans)

RPJM : Rencana Pembangunan Jangka Menengah (Medium-term Development Plan)

RPJMD : Rencana Pembangunan Jangka Menengah Daerah

(Regional Medium-term Development Plan)

RTRW : Rencana Tata Ruang Wilayah (Regional Spatial Plan)

SEA : Strategic Environmental Assessment

SEP : Stakeholder Engagement Plan

SGA : Social & Gender Assessment

SGIP : Social & Gender Integration Plan

SNRM : Sustainable Natural Resources Management

SPPL : Surat Pernyataan Pengelolaan Lingkungan Hidup

(Commitment Letter for Environmental Management)

SRAP : Supplemental Resettlement Action Plan

TBD : To be defined

UKL/UPL : Upaya Pengelolaan Lingkungan dan Upaya Pemantauan Lingkungan

(Environmental Management and Monitoring Efforts)

UU : Undang-Undang (Act)

VBS : Village Boundary Setting

1

1 Introduction

As one of the three main projects under the Indonesia Compact, the Green Prosperity (GP) Project

is subject to comply with environmental and social safeguards described in the MCC Environmental

Guidelines. To achieve this, MCA-Indonesia has developed the MCA-Indonesia Environmental and

Social Management System (ESMS) Framework as the main reference for environmental and social

management in MCA-Indonesia and to act as the Tier-1 main policy and implementation framework

for the tiered approach ESMS in the Indonesia Compact. At the GP Project level, MCA-Indonesia also

developed the Tier-2 GP Project Environmental and Social Management System (GP Project ESMS)

as a framework to guide environmental and social performance for the GP Project and to inform

the following in particular:

The four main Activities under GP, namely Participatory Land-Use Planning, Technical Assistance

and Oversight, GP Facility, and Green Knowledge;

The institutions appointed to manage the GP Facility;

Contractors assigned to provide technical assistance and management support for all or

portions of the GP activities; and

All partners, organizations and projects receiving funding and/or grants from the GP Facility.

For those interested in the GP Facility, this GP Project ESMS is the main reference for developing

expressions of interest, concept notes, project proposals, and ultimately the main reference for

developing the Tier-3 GP Investment or GP Specific-project ESMS for projects selected for GP

funding.

Where applicable, the GP Project ESMS document shall be supplemented by a series of guidelines,

manuals and tools to provide clear operational guidance for all parties. This document may be

modified from time to time with the mutual agreement of the MCC and MCA-Indonesia. Parties

should therefore check MCA-Indonesia website (www.mca-indonesia.go.id) and the GP Portal

(http://gp.mca-indonesia.go.id) for updates.

2 Background

The Millennium Challenge Corporation (MCC) has entered into a Compact with the Government of

Indonesia (GoI) to support the Government’s development objectives in three important areas:

Green Prosperity (GP), Community-Based Health and Nutrition (CHN), and Procurement

Modernization (PM). The Compact is managed in three separate main Projects, the Green Prosperity

Project (GP Project), the Community-based Health and Nutrition Project (CHN Project) and the

Procurement Modernization Project (PM Project). GoI established a trust institution – the

Millennium Challenge Account Indonesia (MCA-Indonesia) – to manage and implement the

Compact and its three projects on behalf of the GoI. The Compact entered into force on April 2,

2013 and its five-year timeline will conclude on April 1, 2018.

2

2.1 Overview of the MCA-Indonesia ESMS Policy Statement

As part of the requirements of the Compact and as stated in the MCA-Indonesia Environmental and

Social Management System (ESMS) Policy Statement, MCA-Indonesia is responsible for

methodologically integrating environmental and social safeguards across Compact activities. In

order to achieve this, MCA-Indonesia must ensure that ESMSs are developed across Compact

projects and activities and at all levels of Compact operations in order to achieve effective

management of environmental and social safeguards.

In general, the objectives of the ESMS are as follows: 1. To ensure all activities and actors anticipate and take action to avoid adverse impacts or risks

to communities and the environment;

2. To identify and evaluate environmental and social risks and impacts of projects/specific-

projects;

3. To adopt a mitigation hierarchy to anticipate and avoid, or where avoidance is not possible,

minimize, and, where residual impacts remain, compensate/offset for risks and impacts to

workers, affected communities, and the environment;

4. To promote improved environmental and social performance of all actors and activities through

the effective use of management systems;

5. To ensure that grievances from affected communities and external communications from other

stakeholders are responded to and managed appropriately;

6. To promote and provide means for adequate engagement with affected communities

throughout the project cycle on issues that could potentially affect them and to ensure that

relevant environmental and social information is disclosed and disseminated;

7. To ensure all activities and actors consciously foster positive environmental and social impacts

and benefits through proactive planning and project design.

To reach the above objectives, MCA-Indonesia introduced a tiered approach to the ESMS at the

MCA- Indonesia institution level, at the main project levels (for each of the GP, CHN and PM

Projects) and, specific to the GP Project, at the GP investment level or GP-specific project level. This

tiered approach enables more comprehensive management of environmental and social safeguards

in the Indonesia Compact as it differentiates the different levels of environmental and social

safeguard measures required and the different roles and responsibilities that stakeholders play in

managing these measures in different levels of MCA-Indonesia operations.

In relation to the GP Project, the Tier-1 MCA-Indonesia ESMS Framework is referred to as the main

ESMS framework for the Indonesia Compact. The Tier-2 GP Project ESMS is based an assessment of

the GP Project and will guide all operations of the GP Project in managing environmental and social

safeguard in the GP Project. The responsibility for implementing the GP Project lies with the GP

Director or relevant GP Assistant Directors.

The development and implementation of the Tier-3 ESMS for selected GP investments or GP specific

projects (under GP Facility financing mechanism as referred to in the GP Facility Operations Manual)

is the full responsibility of each project partner or specific project proponent.

3

Figure 1 below shows the tiered-approach ESMS in the GP Project.

TIER 1 Compact Level

TIER 2 Main Project Level

TIER 3Investment/Specific-Project

Level

MCA-INDONESIA ESMS FRAMEWORK

GREEN PROSPERITY PROJECT ESMS (GP ESMS)

GP SPECIFIC PROJECT ESMS(referred to as GP-project ESMS)

MCA-INDONESIA ENVIRONMENTAL AND SOCIAL POLICY STATEMENT

GOI Laws & Regulations on Environment and SocialMillennium Challenge COMPACT: GOI – USA (through MCC)

MCC Environmental Guidelines & MCC Gender Policy

IFC Performance Standards

Figure 1 The Tier Approach ESMS in the GP Project

To ensure that ESMSs are well established and integrated into MCA-Indonesia operations, MCA-

Indonesia has tasked the Environmental and Social Performance (ESP) unit in MCA-Indonesia (led

by the ESP Director) to provide overall oversight and support to MCA-Indonesia and each of the

three main Projects. The ESP Unit will also review and provide technical inputs to project activities,

provide cross-cutting expertise on ESP management and act as representative and primary point of

contact with regard to environmental and social safeguards of the Compact.

The MCA-Indonesia ESP Director will be responsible for ensuring that all investments and operations

comply with the ESMS Framework, while the MCA-Indonesia Executive Director (Chief Executive

Officer) is ultimately held accountable for upholding this environmental and social policy.

2.2 Environmental and Social Safeguards and the ESMS

2.2.1 MCA-Indonesia ESMS Framework

The first tier ESMS developed for the overall compact is called the MCA-Indonesia ESMS Framework

and acts as the framework to guide environmental and social performance for MCA-Indonesia. The

MCA-Indonesia ESMS Framework is in its own a policy statement from MCA-Indonesia on

environmental and social safeguarding and sets the tone and spirit for environmental and social

management in MCA-Indonesia projects and activities. Specifically, the MCA-Indonesia ESMS

Framework is intended to ensure that all operations and investments of MCA-Indonesia comply

4

with the relevant laws and regulations of the Government of Indonesia, MCC Environmental

Guidelines and MCC Gender Policy, and are consistent with the International Finance Corporation

Performance Standards (IFC Performance Standards).1

MCA-Indonesia ESMS Framework Policy Statement

MCA-Indonesia investments and operations aim to maximize environmental and social benefits for the people of Indonesia (including women and marginalized groups), and minimize the adverse impacts to the environment and society. As such, all MCA-Indonesia investments and operations shall comply with the ESMS Framework, which is based on safeguard laws and regulations of the Government of Indonesia, MCC Environmental Guidelines and Gender Policy, and the IFC Performance Standards on Environmental and Social Sustainability.

The Tier 1 MCA-Indonesia ESMS Framework has established six elements required of all MCA-

Indonesia investments, projects and operations. All six apply to GP, particularly for the GP Facility.

The six incorporate key elements of the IFC-Performance Standards. The six Environmental and

Social Safeguard elements in the MCA-Indonesia ESMS are shown in Figure 2 below.

Figure 2. Environmental and Social Safeguard Elements

Figure 2: The six elements of ESMS

These principle elements also apply to the Tier-2 GP Project ESMS, to Tier-3 GP Specific-project

ESMSs, and will also be an integral part of the Environmental and Social Management Plans (ESMP)

created for each GP investment.

1As described in the Millennium Challenge Compact between the United States of America, acting through the Millennium Challenge Corporation, and the Republic of Indonesia.

Environmentally and Socially Sensitive Project Design

Understanding of Risks and Benefits

Disclosing Information and Engaging Stakeholders

Designing and Implementing Environmental and Social Action Plans

Developing and Instituting Grievance Mechanisms

Compliance Monitoring, Reporting and Evaluation

5

2.2.2 IFC Performance Standards

The IFC Performance Standards are based on the IFC Sustainability Framework effective 1 January,

2012 and consist of the following:

Performance Standard 1: Assessment and Management of Environmental and Social Risks

and Impacts

Performance Standard 2: Labor and Working Conditions

Performance Standard 3: Resource Efficiency and Pollution Prevention

Performance Standard 4: Community Health, Safety, and Security

Performance Standard 5: Land Acquisition and Involuntary Resettlement

Performance Standard 6: Biodiversity Conservation and Sustainable Management of

Living Natural Resources

Performance Standard 7: Indigenous Peoples

Performance Standard 8: Cultural Heritage

The IFC Performance Standards (IFC PS) is the main framework guiding the development of the

ESMS in all MCA-Indonesia operations. Compliance with GoI laws and regulations is part of IFC PS

and is also imbedded into the ESMS. A detailed reference to the IFC PS Sustainability Framework,

guidance notes, and handbooks can be obtained through the IFC website at

http://www.ifc.org/wps/wcm/connect/Topics_Ext_Content/IFC_External_Corporate_Site/IFC+Sus

tainability/Our+Approach/Risk+Management/Performance+Standards/.

2.2.3 ESMS Framework

A typical ESMS will generally consist of the following components: 1) Policy Statement and

Framework; 2) Environmental and Social Analysis and Assessment; and 3) Environmental and Social

Management Plan as shown on Figure 3 below.

Policy

Assessment & Analysis

Management Plan

6

Figure 3: Typical ESMS Components

Policy: The policy, or policy statement, will state the environmental and social safeguard policies,

standards, framework, and/or guidelines that the project adheres to. The policy must outline

policies and guidelines that are on par with or are more stringent than that stipulated in the MCA-

Indonesia ESMS Framework and outlined in previous sections above.

Assessments and Analysis: Initial or primary due diligence, environmental audits, gap analysis,

screening and/or scoping shall be conducted where applicable to identify and recommend any

required environmental and social assessments, analysis or studies based on identified risks and

impacts, or triggered performance standards. These assessments, analyses and studies may include

the need for a full or partial Environmental (and potentially Social) Impact Assessments (EIA/ESIA)

or a supplementary EIA/ESIA, and, if needed, specific studies/supplementary studies (e.g. studies

on Indigenous Peoples (IP), Cultural Heritage (CH), land acquisition and resettlement, audit, etc.).

The above assessments, analysis and studies combined will lead to the development of a set of

environmental and social action plans (ESAP) to mitigate any potential environmental risks or

impacts. Ultimately all the above will also contribute and/or lead to the requirement to fulfill

environmental permits (Ijin Lingkungan). Under Indonesian law, an environmental permit is

prerequisite for applying for other technical permits.

Management Plan: Each level ESMS that results in a set of action plans should be followed through

with the development of an Environmental and Social Management Plan (ESMP). The ESMP will

consist of the comprehensive management of the implementation and monitoring of all

environmental and social risk and impact mitigation measures, derived from all assessment and

study efforts conducted on the project. This must also include the budgeting of costs to cover

mitigation measures, which will then input into the project costing or feasibility study. The ESMP

may also include coordination or co-management with other GP specific project ESMPs or non GP

ESMPs that it may be associated with.

3 The Green Prosperity Project ESMS

3.1 Overview of the GP Project

The majority of Indonesia’s poor live in rural areas that are rich in natural resources, but high-impact

and illegal logging, land conversion for agriculture and mining and other unsustainable land use

practices threaten the country’s ability to sustain economic growth and reduce poverty. Lack of

clarity about land and natural resource use licensing and the jurisdictional boundaries of villages

deter investment and impede GoI’s ability to effectively manage critical natural resources.

Despite GoI’s efforts to address the problem, Indonesia remains among the world’s top emitters of

greenhouse gases. The majority of greenhouse gas emissions result from deforestation, loss of peat

7

land and other land use changes, though emissions from energy and industrial sources are growing

rapidly. Many Indonesians, especially in remote rural areas, suffer from a lack of reliable electricity

or depend on expensive and unreliable diesel generation.

The GP Project seeks to address these critical constraints to economic growth while supporting GoI’s

commitment to a more sustainable, less carbon-intensive future. A primary goal of the GP Project

is to establish a new and lasting model for developing, financing, and implementing green growth

projects at the local level. In doing so, the GP Project aims to catalyze greater private sector

investment in low-carbon growth strategies for Indonesia, spur local entrepreneurship and

financing through emerging opportunities in renewable energy and innovative land use practices

and build greater capacity and commitment among government, civil society and the private sector

to the principles of sustainable development.

As detailed in the Compact, the GP Project has two specific objectives:

To increase productivity and reduce reliance on fossil fuels by expanding renewable energy,

and;

To increase productivity and reduce land-based greenhouse gas emissions by improving

land use practices and management of natural resources.

To achieve the above objectives, a total of US$ 332.5 million has been allocated for the GP Project

to implement four activities:

1) The Participatory Land Use Planning (PLUP) Activity

2) The Technical Assistance and Oversight Activity

3) The GP Facility (GPF) Activity

4) The Green Knowledge Activity

3.2 Tier-2 GP Project ESMS

This document (The GP Project ESMS) is a Tier-2 ESMS developed specifically for the GP Project and

addresses the environmental and social management of GP Projects. As part of the GP Project ESMS

development process, the GP Project ESMS shall align with the GP Operations Manual(s) (GP OM)

and the Social and Gender Integration Plan (SGIP).2

The GP Project ESMS identifies potential risks and impacts for overall GP operations and outlines

any necessary mitigation measures. The GP Project ESMS covers two aspects of the GP Project

described below:

1) Main GP operations: for GP activities (i.e. PLUP, Technical Assistance and Oversight, GPF

and Green Knowledge); and other GP processes with environmental and/or social relevance

directly under GP Project responsibility.

2 The Social and Gender Integration Plan (SGIP) was consulted in preparing this ESMS, and relevant elements of the SGIP were included in this ESMS. See further discussion in Section 11.9.

8

This aspect includes the need to conduct proper stakeholder identification, development of

a Stakeholder Engagement Plan (SEP), development of a Public Consultation and Disclosure

Plan (PCDP) for GP processes or events with the community such as the Multi Stakeholders

Forum (MSF) or investment forums, and the development of the GP Grievance Mechanism.

2) GPF Operations: for GP Investments or specific-projects under the responsibility of

partnership programs, project sponsors/proponents or grant managers and community led

projects under the GPF activity.

Even though set as a Tier-2 ESMS document, the GP Project ESMS document will also

include framework, guidelines, and where applicable, tools intended as reference for

further development of a separate Tier-3 ESMS under each GP sub/specific-project (further

referred to as GP investments), which may include project environmental and social impact

assessments, environmental and social management plans, and environmental and social

monitoring, evaluation and reporting. Appendix 3 shows the screening flow for the Tier-2

GP Project ESMSGP Project ESMS, while Appendix 4 the GP Project ESMS tools and

instruments.

3.3 Tier-3 GP Investment ESMS

Each GP investment is required to have a specific ESMS with a scope that addresses the complexity

of activities undertaken by these specific projects and the environmental and social risks or impacts

associated with these projects. This GP Project ESMS document outlines all of the environmental

and social safeguards that may be triggered under the GP Project and by GP Investments. Each one

of the safeguards discussed in this document may not necessarily apply to the Tier-3 ESMS for GP

investments. Rather, the safeguards that apply will largely depend on the type of the project, project

location, project stakeholders and affected people/communities, project activities, project

duration, and the nature of the risks and impacts associated with them.

GP investments should maximize the potential positive social impacts of the projects, address cross-

cutting social and gender issues such as human trafficking, child and forced labor, and HIV/AIDS,

and to ensure compliance with the MCC Gender Policy. GP Investments should also comply with the

MCA-Indonesia Social and Gender Integration Plan (SGIP), which identifies approaches for regular,

meaningful and inclusive consultations with women and other vulnerable/under-represented

groups, and approaches for providing equal access to project information, development,

implementation and benefits for women and vulnerable groups. Appendix 5 shows a typical

screening flow for the Tier-3 GP Project ESMS, while Appendix 6 includes the GP Project ESMS tools

and instruments. The breadth and depth of the GP Project ESMS will depend significantly on the

nature of the project and the scope of the impacts and risks associated to the project.

9

Prohibited Activities for GP Project

In line with the MCA-Indonesia Tier-1 ESMS and the GP OM, MCA-Indonesia may not provide funds

or assistance for any project that is likely to cause a significant environmental, health and safety

hazard. An illustrative list of sensitive sectors and sensitive location and non-eligible project for GP

are in Appendix 3 of this GP Project ESMS.

GP Project Screening and Scoping

All GP project proposals will go through the screening and scoping checklist (please refer to

Appendix 2, 3 and 15) in order to recognize potential environmental risks of planned

activities/specific-projects\, the presence of Indigenous People, any potential land acquisition issues

and any access restrictions to natural resources. This screening and scoping also will determine

eligibility for the GP Project; the type of ESMP needed and the type of mitigation and monitoring

that may be required. The screening process shall be carried out by the project proponent; including

district and provincial governments, and other implementing units (such as community groups,

NGO, private sectors, and others).

4 Participatory Land Use Planning

The GP Participatory Land Use Planning (PLUP) activity is a GP investment in administrative

boundary setting, the updating and integration of land use inventories, and enhancing spatial plans

at the district and provincial levels. The purpose of PLUP is to ensure that projects funded by the GP

Facility Activity are designed and approved on the basis of accurate and appropriate spatial and land

use data and adhere to and reinforce existing national laws, regulations, and the GoI’s medium-to

long-term development plans, the National Green House Gas Emission Reduction Action Plan, and

regional spatial plans. MCA-I funding for PLUP will support:

(i) administrative boundary setting;

(ii) the updating and integration of land and other natural resources uses including

inventories of existing and pending licenses and technical assistance to relevant

government agencies to help integrate and administer spatial data; and

(iii) the enhancement of district and provincial spatial plans.

PLUP is also tasked to develop and maintain a Geographical Information System (GIS) for managing

a database of geo-spatial data about GP that is readily accessible to all divisions of GP and other

relevant entities and units. It includes a set of baseline data for identifying potential GP landscapes,

tracking GP implementation and impacts, and other environmental and social information and data

layers that should assist the GP Project implement the GP Project ESMS effectively.

This data set would include information on existing environmental and social information available

in GP locations, including environmental permits, Strategic Environmental Assessments (SEA),

AMDAL or UKL/UPL (the Indonesian terms for Environmental and Social Impact Assessment)

documents, and other relevant environmental and social studies or databases. The data set would

10

also assist the GP Project, potential project proponents as well as relevant GoI environmental offices

in identifying potential environmental and social risks and impacts related to the GP Project or GP

investments, and will assist in developing ESMSs for GP investments.

The GIS will also be a platform for overall MCA-Indonesia operations and hence will also provide

similar data and information for other MCA-Indonesia projects and needs.

4.1 Implementation of the PLUP Activity

PLUP activities will be conducted by consultant teams assigned by MCA-Indonesia. The activities are

not expected to involve any construction of physical facilities. Rather, the PLUP activities will largely

consist of deliberations, consultations and production of new or revised maps.

As such, the PLUP component of GP does not formally require an environmental assessment or

permit from the Government of Indonesia. However, social concerns may arise from village

boundary setting and demarcation of resource-use patterns.

The entire PLUP component shall be designed to maximize positive social benefits and minimize

conflicts regarding land-use and access to natural resources. The design of the activities shall

consider all the elements under this ESMS, and a PLUP-wide environmental and social assessment

shall be conducted to ensure that all potential risks and impacts are identified and mitigated. The

design and assessment shall include gender-differentiated perceptions, customs and needs

regarding land and resource use, and as well as that of marginalized groups and/or indigenous

peoples.

The activities shall engage stakeholders down to the village level. The design shall also consider

methods to ensure that women are appropriately engaged in deliberations and consultations

related to land and resource use. Consultation meetings should aim to include a minimum of 30

percent representation of women and other marginalized groups. Where women’s participation in

large consultation meetings is not feasible or effective, MCA-Indonesia (and PLUP consultants) shall

conduct separate FGDs with women’s and marginalized groups. MCA-Indonesia has prepared draft

technical guidelines for Village Boundary Setting adopting a participatory approach (see

http://gp.mca-indonesia.go.id/wp-content/uploads/2014/06/General-VBS-CM-Technical-

Guidelines.pdf). Lessons from implementation of these guidelines in the field will be incorporated

into any subsequent revisions and applied as necessary to strengthen the ESMS.

4.2 Environmental and Social Assessment in PLUP

Issues to be considered in the environmental and social assessment of PLUP include, but are not

limited to:

Differences in perception regarding village boundaries, land-rights and access to natural

resources;

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Impact of village boundary and resource use demarcation on economic activities and

incomes of affected communities;

Potential for economic or physical displacement as a result of change or clarification in

village boundaries or loss of access to land or natural resources3;

Potential for marginalization of certain groups as a result of change in village boundaries or

access to resources.

Clear and timely information disclosure is necessary to ensure stakeholder engagement reaches the

intended actors and meets disclosure objectives. Methods or approaches for information disclosure

shall be tailor-made to the target communities or groups in terms of language, use of visual aids,

and occasions for information delivery.

4.3 Environmental and Social Action Plan in PLUP

PLUP implementing contractors shall also prepare action plans to address any environmental and

social safeguards triggered by the activity as well as any residual social impacts. The action plan may

be incorporated into PLUP activity implementation planning and work plans or in a separate

document when necessary and should include a mechanism to monitor and evaluate any possible

social issues that may emerge in connection with the implementation of PLUP activities. The action

plan shall include culturally appropriate conflict resolution approaches.

4.4 Grievance Mechanism in PLUP Activity

PLUP implementing contractors shall develop and institute a grievance mechanism that operates

until the end of PLUP activities. This mechanism shall refer to the MCA-Indonesia Grievance

Mechanism Guidelines, and shall provide an accessible method for community members,

representatives of NGOs and community-based organizations to express their concern or

dissatisfaction with: a) how the PLUP activities are progressing or being managed; b) emergence of

undesired impacts not predicted in advance; c) emergence of secondary or tertiary impacts that

may affect the positive benefits expected from PLUP.

4.5 PLUP Environmental and Social Reporting

The PLUP implementing contractors shall periodically report on environmental and social

performance of PLUP activities to MCA-Indonesia. MCA-Indonesia shall be responsible for ensuring

that PLUP social objectives are being met. Any possible deviation from the social objectives shall be

identified.

3 Land acquisitioning projects, or in PLUP’s case land certainty, do not always result in land loss and/or resettlement (physical displacement), but may result in loss or decrease in economic benefits due to loss of access to livelihood attached to the loss of land (or boundaries), whether it be loss of employment or direct loss to natural resources and environmental services.

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5 Technical Assistance and Oversight

Provision of technical assistance and project oversight is intended to help eligible districts and

project sponsors and community groups identify and develop potential investments in sustainable,

low-carbon economic growth and prepare funding applications to be submitted to the Green

Prosperity Facility.

Technical Assistance, should include, when necessary and in accordance to the GPF OM, the

development of environmental and social studies and documents, such as preparation of SEAs,

ESMSs, EIAs/ESIAs, performance standard related studies, data and information systems and low

carbon development studies and plans, provided to GP Partners, GP Grant Managers, district

governments, potential project sponsors, community groups, financial institutions and other parties

according to project need.

GP assistance for project preparation (i.e. feasibility studies and ESIA) can come in the form of direct

technical assistance from consultants procured by MCA-Indonesia, and/or financial assistance in the

form of a grant provided to project sponsor to fund or cost-share a feasibility study prepared by the

project sponsor’s own consultants as long as the study is done according to GP requirements.

Therefore, it is not accurate to refer to a stand-alone “preparation facility” per se.

Technical assistance includes, inter alia, assistance with landscape study and analysis, project

preparation studies, and advice on compliance with GP Investment Criteria. This activity will be

undertaken by separate contractors through the GP Facility Manager.

6 The Green Prosperity Facility

The investment facility, known as the Green Prosperity Facility (GPF), is the project’s centerpiece

activity that will provide grant financing for low-carbon development projects to support

investments in the two thematic areas outlined below:

Renewable energy (RE), including small operation (less than 10 megawatts) hydropower and

bio-waste (agricultural waste) to energy, biogas, and solar.

Sustainable land use and natural resource management (SNRM), including sustainable

agriculture, forestry, fisheries, and watershed management.

All projects funded by the Green Prosperity Facility must meet the investment criteria outlined in

the Indonesia Compact, including MCC’s principal requirement that projects increase the income of

Indonesians in targeted areas and demonstrate an economic rate of return (ERR) of at least 10

percent, as well as ensure equal access for women and vulnerable groups to project benefits.

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Environmental and Social Performance Datasheet

For all proposed projects under GP Project/Investment, the proponent must prepare the

Environmental and Social Performance Datasheet (ESPD) that will identify the potential

environmental and social issues, and provide relevant information related with the alternatives

mitigation to avoid or minimize the impact. The ESPD is prepared as a part of a proposal when the

proponent responds to the Expression of Interest or Call for Proposal, and will be updated and

further detailed when the proposed project is approved for grant award (during appraisal stage).

The template of ESPD can be found in appendix 7.

The Eight Indicative GP Typology Projects

Early on GP has identified eight typology projects for GP investments as shown on Table 1 below.

Examples of environmental and social safeguard guidelines potentially triggered by these projects

are found in Appendix 8 to this document.

Table 1. The Eight GP Typology Projects

GP Typology Project Emphasis

Off-grid Micro hydropower Micro-hydropower, with protection of forested catchment area

Aggregated Micro-Hydropower

Transaction/implementation cost reduction through aggregation of small projects

Methane Capture for Power Generation

Power production from methane captured from palm oil mill effluent

Grid-tied Mini-hydropower

Assessment of a larger mini hydropower project

Integrated Landscape Management

Forest protection and restoration, with off-grid solar photovoltaic power production

On-grid Connection for Island Communities

Solar photovoltaic power for a specific landscape (e.g. Island landscape), with project options to include connection to the mainland grid

Cacao Intensification

Training to improve cacao yields, as an example of agricultural intensification

Community Agroforestry

Forest boundary protection through community-based peripheral Agroforestry

6.1 Call for Proposals/Expression of Interests

MCA-Indonesia will periodically announce calls for Expression of Interest (EOI) or Call for Proposals

(CFP) for potential partners and organizations wishing to or interested in partnering with MCA-

Indonesia or proposing specific projects for GPF funding in renewable energy and natural resources

management initiatives as guided by the GPF OM.

As referred to in the GPF OM document, the proposal or EOI shall include an outline of ESMS criteria

as required by the General Project Criteria of the GPF OM document. The proposals and EOIs should

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also include reference to MCC Environmental Guidelines, GoI regulations, and this GP Project ESMS.

The proposals or EOIs submitted by the potential sponsor shall have clear information of project

description and self-assessed preliminary identification of project beneficiaries, potential specific-

project-triggered impacts, etc. Each project proposal is expected to document that they have

conducted or plan to conduct the specific environmental and social requirements as shown on Table

2 below.

As such, GP projects shall be designed to ensure positive benefits for local communities and the

environment, in support of MCA-Indonesia's environmental and social performance goals.

Table 2. Environmental and Social Requirement in Proposals

Requirement Complies with

IFC-PS GoI requirements 1 Stakeholder engagement plan IFC-PS 1

2 Environmental documents and permits IFC-PS 1 (IFC-PS 2

through 4 as triggered)

Depending on scale and location of project:

Environmental permit (Ijin Lingkungan), and necessary assessment (AMDAL or UKL/UPL), OR

Letter of Commitment for Environmental Management (SPPL)

3 Free Prior Informed Consent (FPIC) if triggered4 IFC-PS 7

4 Compensation plan if land acquisition, economic displacement are unavoidable.

IFC-PS 5 Only applicable if Land Acquisition and resettlement is needed

5 Cultural heritage protection plan, in applicable geographic areas

IFC-PS 8 Act No. 11, 2010 on Cultural Heritage

6.2 Potential Risks and Impacts of the GPF Windows

Referring to the GP Facility OM, the potential environmental risk and impacts associated with the GP Project Windows are shown on Table 3 below.

4 IFC-PS 7 calls for FPIC if the project may result in “a) adverse impacts on traditionally owned land or land under customary use; b) the relocation of Indigenous Peoples from communally held lands and natural resources subject to traditional ownership or under customary use; or c) significant impacts to critical cultural heritage or priority ecosystems.

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Table 3: Potential Environmental and Social Risks and Impacts associated with the GP facility

GP Project Windows

Activities Description Potential Environmental

& Social Risk and Impact Mitigation Measures

1. Partnership grants Integrated landscape project and catchments protection

Protection of river basin area related to hydropower installation, peat-land conservation or restoration, sustainable forest management, ecotourism development, and other efforts reducing deforestation and improving land-use practices.

The potential direct environmental impact from this activity is not significant, limited in scale, time and finding. The activities are limited to promoting sustainable natural resources management, and improved land-use practices in either targeted landscapes or targeted value chains.

Ensure proper environmental permitting and proper SEP and PCDP as well as Grievance Mechanism.

Sustainable agriculture, single or multi-commodity value chain development

Public-private partnerships to increase productivity and access to markets for targeted value chains in order to improve income and reduce pressure on forests and the environment, including as appropriate interventions across the value chain such as improved access to inputs and credit, post-harvest enterprise development and certification.

2. Community-based NRM grants Integrated landscape project and catchments protection

Protection of river basin area related to hydropower installation, peat-land conservation or restoration, sustainable forest management, ecotourism development, and other efforts reducing deforestation and improving land-use practices.

The environmental and social impacts of this activity are expected to be positive. Because this activity is designed to protect natural resources, they do not create any significance negative environmental impacts. Most of the activities have positive impacts on the improvement of environmental quality. The project is designed to ensure the participation and inclusion of various group of community (include indigenous peoples) in local level.

Public consultation shall be conducted at the sub-district and village levels, with participants selected based on the socio-economic-cultural characteristics of the areas of influence, and proposed selection of project facilities or activities.

Community-based and collaborative natural resources management

Agroforestry and community forestry, coastal management, mangrove and land rehabilitation, and collaborative management of protected areas.

3. Renewable Energy grants Commercial scale (up to 10 MW)

New or expanded electricity generation from hydropower (mini-hydro); methane capture (e.g. Palm Oil Mill Effluent/POME); solar power (thermal, photovoltaic and concentrated); energy

All construction activities will have some impact on the environment, although the significance is largely proportional to the scale. The following impacts are potential during the implementation of this

The ESMP will contains standard mitigation and monitoring plans to cover typical impact from expanded or new installing equipment, including community/worker health and safety, earthworks

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GP Project Windows Activities

Description Potential Environmental & Social Risk and Impact

Mitigation Measures

from biomass (combustion, anaerobic digestion and gasification), and wind energy.

project, such as: increase level of dust and noise, solid waste during construction, oil leaks, community/worker health and safety, etc. Other issues for equipment expanded and addition that have been identified include managing potential legacy soil contamination and storing and disposing of old equipment. For new electricity generation activities, in addition to the above impacts, the issues include the management of vegetation clearance and sedimentation and erosion. Land acquisition process, including public consultation and compensation for the population residing in the project area is the main social issue under this project.

and solid waste management. The ESMP also contains standard of monitoring and reporting.

Community-based (up to 10 MW)

New or expanded electricity generation from community-based facility; e.g. mini-grid or off-grid hydropower (single or aggregate micro hydro); solar power (thermal, photovoltaic and concentrated); bio-energy or biomass (e.g. biogas), and wind energy systems

Identified and selected projects will undergo a Feasibility Study, which includes a study of economic,

social and environmental costs and benefits that comprise a proposed GP investment project

specifying location, institutional and organizational responsibility for the project.

If a GP investment is based on, is a part of, or is an associated facility, of an existing or future project,

then the GP investment shall conduct a review of the combined project’s environmental and social

factors, and may require measures such as Environmental and Social Due Diligence, Audit, and/or

Gap Analysis. The undertaking of these measures will be through a desktop document review, and

a site validation visit if necessary.

Associated Facilities

Under IFC PS 1, associated facilitiesare facilities that are not funded as part of the project and that would not have been constructed or expanded if the project did not exist and without which the project would not be viable.Associated projects are defined as separate projects dependent upon GP funded projects for their successful implementation.

The result of the existing project’s ESMS review will determine whether or not supplementary

environmental and social studies are needed, or whether or not the existing Environmental Impact

Assessment documents relevant to the existing project would require supplemental EIA documents

or permits, and/or whether or not the new project would require additional stand-alone EIAs. Any

additional EIA conducted will go forward in accordance with GoI regulations (see 8) and will

17

incorporate any results of the existing project ESMS review, if applicable, and will also incorporate

the required environmental and social action plan for the specific project. All the above will

ultimately form the ESIA. The ESIA will in turn assist the project proponent/sponsor to develop an

ESMP that will guide the project in implementing a now project-specific environmental and social

performance management system.

Figure 4 below illustrates the generic environmental and social measures that must be incorporated

into the process of identifying, reviewing, approving, and monitoring any grant funded by the GP

Facility. To ensure that all GPP Facility financed projects adhere to the strict environmental and

social safeguards of the Compact, all projects will undergo the overall process regardless of theme,

model or typology of project, size of project or funding allocated for the project. The difference will

lie on identifying and implementing the specific measures needed for any specific project, in which

location, type of project, type of activities and the determination of affected people as well as

environmental and social project boundaries will be the parameters influencing which measures

may apply.

District/Landscape Selection and/or

Preparation

Call for EOIs/EOIs, CFP/Proposal, investment

identification/Selection

Investment / Specific-project Preparation

Initial Screening: Preliminary Self

Assessment of Project Risks & Impacts

Review of Strategic Environment Assessment (SEA) Document/Analysis

Spcific-project Implementation

Review of Regional Spatial Layout Plans (RTRW)

Review of Regional Medium-Term

Development Plan(RPJMD)

Identifying Applicable 8 GP Indicative Model Projects

Environmental & Social Safeguards in Call for EOIs

Proposal - Full Project Description: project.

Activate, location, affected people, beneficiaries, etc.

ESAP/ ESMP(including specific safeguard and performance plans (if applicable):

SEP, PCDP, GM, CHP, IPP, etc.)

Monitoring & Evaluation

District/Landscape Sustainability

Construction Phase

(if applicable)

Operation /Commissioning

Phase

Operation Closure / Post

Closure

Environmental Reporting

Feasibility Study (FS)

Detailed Engineering

Design (DED)

And/or

Environmental & Social Impact Assessment

(ESIA)/Environmental & Social & Health Impact

Assessment (ESHIA)

Environmental & Social Management Plan

(ESMP)

GP Project ESMS GP Investment/Specific-project ESMS

Reference to SEA Document/Analysis

Stakeholders Identification, Engagement/consultation

Environmental & Social Action

Plan (ESAP)

Additional or Supplementary Studies

Stakeholders Engagement Plan (SEP)And/or

Public Consultation & Disclosure Plan (PCDP)

And/orCultural Heritage Plan (CHP)

And/orIndigenous People Plan (IPP)

And/orGrievance Mechanism (GM)

And/orHealth & Safety

And/orLand Acquisition &

Resettlement Action Plan (LARAP/SRAP)

And/or

And/or

Environmental and Social; Due Diligence

Social Gender Integration Plan (SGIP)

Environmental & Social Audit

And/or

Environmental & Social Gap Analysis

For On-going Projects and Activities

Screening and Scoping

Figure 4: Components of GP Project ESMS and GP sub/Specific-project (GP Investments)

Using the eight GP typology projects as a basis, a set of environmental and social performance

guidelines has been developed for each typology project (see Appendix 8). The guidelines are

intended to provide to prospective project sponsors an idea of key environmental and social issues

that must be addressed in environmental permits/assessments or in the project’s internal

management (where official government permits are minimum requirements or not required).

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7 Green Knowledge

Green Knowledge (GK) is the provision of technical assistance and support for strengthening local,

provincial and national capacity to drive forward Indonesia’s nation-wide low-carbon development

strategy within the context of the GP Project. GK would include assistance to develop and improve

related centers of excellence in science and technology in Indonesia.

The Green Knowledge (GK) activities will be conducted by consultant teams assigned by MCA-

Indonesia. The activities are not expected to involve any construction of physical facilities. Rather,

GK activities will largely consist of capacity building, and preparation and institutionalization of new

tools for environmental management. GK may be targeted to district, provincial and/or national-

level stakeholders.

As such, the GK activity does not formally require an environmental assessment or permit from the

Government of Indonesia. Nonetheless, MCA-Indonesia shall ensure that the spirit of this ESMS5 be

considered in designing the GK activities, including subject matter of capacity building, and selection

of target groups and gender representation (based on the Social and Gender Integration Plan).

Particular care shall be paid to the adequate inclusion, collection, application and dissemination of

local and indigenous knowledge of relevance to the success of GP.

8 GP Geographic Focus

At present, the GP Project is working in, or considering working in, 24 districts across the 10

provinces shown in Table 4 below:

Table 4. GP Project Districts

Province District

1. Jambi (1) Merangin, (2) Muaro Jambi, (3) Kerinci, (4) Tanjung Jabung Timur

2. West Sulawesi (5) Mamuju, (6) Mamasa

3. West Nusa Tenggara (7) Lombok Tengah, (8) Lombok Timur, (9) Lombok Utara

4. East Nusa Tenggara (10) Sumba Timur, (11) Sumba Barat, (12) Sumba Tengah, (13), Sumba Barat Daya

5. West Sumatra (14) Solok Selatan*, (15) Pesisir Selatan*

6. South Sulawesi (16) Luwuk Utara*, (17) Luwuk Timur*

7. Southeast Sulawesi (18) Kolaka Utara*, (19) Kolaka*

8. West Kalimantan (20) Kapuas Hulu*, (21) Sintang*

9. North Kalimantan (22) Malinau*

10. East Kalimantan (23) Mahakam Ulu*, (24) Berau*,

* MoU’s and further assessment in-process

Each of these respective provinces and districts has its own provincial and local level environmental

institutions (agencies or offices, depending on capacity level). These institutions, whichever is

relevant to a GP investment project, will play an important role in guiding and approving

5 And the IFC-Performance Standards that serve as one of the references for this ESMS.

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environmental and social impact assessments (AMDAL, UKL/UPL or SPPLs), issuance of

environmental permits and the overall oversight of the implementation of GP investments ESMPs.

This GP Project ESMS shall also apply should the GP Project broaden its targeted area of investment

to districts beyond those considered in the District Readiness Assessment (DRA)..

8.1 GP Landscape Approach

The GP Project supports the use of landscape approach for project design and implementation.

Landscape approach in various GP geographic areas seek to support tools, concepts and activities

for allocating and managing land to achieve inclusive social, economic and environmental objectives

in areas where agriculture, forestry, energy sector and other productive land uses compete with

environmental and biodiversity goals. This landscape approach shall be integrated into further

environmental and social screening, scoping, assessment and studies for a GP investment.

9 GP Stakeholders

9.1 Key Stakeholders

Key implementing partners and potential project sponsors are expected to include local

governments; private enterprises in the renewable energy, agriculture, forestry, water and energy

sectors; financial institutions; smallholder farmers; and local and international non-governmental

organizations (including those representing women and vulnerable groups).

As the hosts to the GP investments in the GP Project districts, local governments will play vital roles

on a Coordination Teams (“Tim Koordinasi”). As described in detail in the MoU between MCA

Indonesia and the local governments, a Coordination Team will be established in each GP-eligible

province following the signing of the MoU to provide input and support to MCA-Indonesia regarding

implementation of the GP Project and to help disseminate information regarding the progress of GP

activities (such as PLUP) and individual projects funded by the GP Facility. Each provincial

Coordination Team will consist of representatives from provincial and district governments. The

Coordination Team will work with the Multi Stakeholder Forums (MSF) conducted for the districts.

The MSF and other similar discussion forums both at the GP Project or the GP investment levels

should refer to the Stakeholder Engagement Plan currently being developed at the MCA-Indonesia

level, and to applicable public consultation and information guidelines, such as that shown in

Appendix 10 of this document.

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9.2 Stakeholder and Community Engagement

The GP Project shall ensure that all stakeholders at the national, provincial, district and local levels

are clearly identified and mapped for the purpose of proper engagement and maintenance. A

Stakeholder Engagement Plan (SEP) may be developed at both the GP Project and Specific-project

levels to ensure that a systematic and proper management plan of stakeholder engagement is

applied to all levels of the GP Project by all parties involved, including GP consultants, implementing

entities, grantees and borrowers. Proper SEPs at the GP Project level will also assist in conducting

MSFs, Investment Forums, or any such national or local level public consultation that is organized

by the GP Project. GP Specific-projects may also develop project specific SEPs to apply to respective

projects and in alignment to its respective Tier 3 ESMS and ESMPs as needed.

MCA-Indonesia will include one (1) or more stakeholders groups (each a “Stakeholders Group”and

together the “Stakeholders Groups”) to provide advice and input to MCA-Indonesia and to

disseminate information concerning Compact implementation to the public. Each such Stakeholders

Group shall represent the constituencies of the various Projects. The GP Project will ensure that the

Stakeholder Group has full access to GP stakeholders and all GP activities, including the

implementation of the GP Project ESMS.

10 GP Environmental and Social Legal Framework

The nature of the GP Project and its subsequent GP investments are such that a wide range of

government policies and regulations apply. In terms of the IFC Performance Standards, most, if not

all standards, will be triggered under the overall GP Project but will vary amongst specific projects

depending on the specific nature and condition of each one. This is particularly true for the natural

resource and renewable energy investments and grants to be disbursed under the GP Facility. An

example of GoI laws and regulations that may apply to the GP Project is shown on Table 5.

Table 5: Indonesian regulations that apply to GP activities.

GoI Laws & Regulations

GP as a whole

Act No. 6, 2014 on Village

Act No. 2, 2012 on Land Acquisition for Development of Public Interest

Act No. 32, 2009 on Environmental Protection & Management

Act No. 32, 2004 on Regional Autonomy

Act No.7, 2004 on Water Resources

Act No. 14, 2008 on Public Information Disclosure

Act No.39, 1999 on Human Rights

Act No.41, 1999 Forestry

Act No.18, 2004 Plantation

Act No. 5, 1990 on Conservation of Biological Resources & Ecosystems

Ministry of Forestry 5-year Strategic Plan (RENSTRA) 2009 – 2014 with a program focus on Community-based Watershed Management

Ministry of Forestry Decree, P.7/Menhut-II/2011 re Public Information Service of Forestry Sector, 02 February 2011

Ministry of Forestry Decree on Information Transparency, 27 February 2006

Government Regulation 6 of 2007 on Forestry

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GoI Laws & Regulations

Ministry of Forestry (2000), General Framework and Criteria & Standards for Forest and Land Rehabilitation. Directorate for Land Rehabilitation and Soil Conservation, Directorate General for Land Rehabilitation and Social Forestry, Jakarta, 2000

Presidential Instruction (INPRES) No.1 of 2000 on Gender Mainstreaming

Law 26 of 2007 on Spatial Planning, specifically Article 48, (1), (a), on Empowerment of Local People through Spatial Planning

Participatory land-use planning – GP Facility

Ministry of Home Affairs Guidelines 27 and 28 of 2006 on village boundary-setting

Act 27 of 2007 for Coastal Regions and Small Islands

Government Regulation 15 of 2010 on Spatial Planning Implementation

Act No.30 Year 2009 on Electricity

Ministerial Regulation of Agrarian Minister/ Head of National Land Agency No. 2, 1993 on Procedures to Obtain Location Permit and Land Use Rights for Investing Corporations

Ministerial Regulation of Agrarian Minister/ Head of National Land Agency No. 2, 1999 on Location Permit

Presidential Regulation No. 5 Year 2006 on National Energy Policy

Presidential Regulation No. 61 Year 2011 on National Action Plan on Green House Gas Emission Reduction

Environmental and Social Performance

Ministry of Environment Decree No. 9, 2011 on General Guidelines of Strategic Environmental Assessment (SEA)

Government Decree No. 27, 2012 on Environmental Permits

Ministry of Environment Decree No. 8, 2013 on Guidelines for the Review and Checks of Environmental Permits

Ministry of Environment Decree No. 5, 2012 on Types of Businesses and/or Activities that requires Environmental Impact Assessments (AMDAL)

Ministry of Environment Decree No. 16, 2012 on the Development of Environmental Documents

Ministry of Forestry Regulation No. P38/Menhut-II, 2012 on Forest Lend-Used Guidelines

Social Ministry Decree No. 06/PEGHUK/2002 on Implementation Guidelines of Isolated Traditional Community Empowerment

Social Empowerment Director General Decree No. 020.A/PS/KPTS/2002 on Implementation Guidelines of Isolated Traditional Community

Presidential Decree No. 111, 1999 on Development of Isolated Traditional Community (KAT)

11 Other Environmental and Social Measures for the GP Project

11.1 Affected People and Project Beneficiaries

An upfront challenge of the GP specific projects is ensuring that the right beneficiaries are reached.

In defining the beneficiaries of the RE/SNRM activities, projects shall also consult and apply the

SGIP6. This includes consideration of differentiated needs, concerns and patterns of resource use by

the different genders in the community. Female-headed households and female-led enterprises

should also be considered in process of defining project beneficiaries. Where indigenous peoples or

other marginalized or marginalized groups exist in or near the project locations, they should also be

considered in identifying project beneficiaries.

If GP investment related impacts to community held lands and community livelihoods are

anticipated, GP projects shall also identify project affected people (PAPs) present in communities

that are directly and indirectly affected by the project in both in positive and negative terms.

Communities around the project location are not necessarily project beneficiaries, but they may

6 At the time this ESMS is prepared, the Gender Integration Plan for MCA-Indonesia is not yet available.

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experience direct and indirect impacts of a project that could affect their life and livelihoods. In

determining PAP status, the SGA Unit and the SGIP should also be referred to in order to best ensure

the most comprehensive PAP identification possible.

11.2 Strategic Environmental and Social Assessment (SEA)

Environmental and social concerns may arise that go beyond a single RE/NRM project (funded by

the GP Facility). Some environmental or social risks and impacts may affect a wider geographic area,

and a broader community than those addressed in project-specific environmental assessments or

monitoring efforts.

MCA-Indonesia shall initiate environmental assessments to address potential trans-boundary

and/or cumulative impacts that may arise from multiple projects or investments in one landscape7,

district, sub-district or sub-watershed. The assessments shall utilize the most appropriate

methodology for the purposes intended8, and may include, but not be limited to, strategic

environmental assessments (SEA).9

For the four starter districts, input for the initial environmental assessments shall be gained from

the findings of the SEAs conducted as a part of the DRA, which identified critical environmental and

social issues in each district (see box below). For any new districts, the methodology, approach and

expected level of effort for conducting the initial baseline assessment must be approved by the

MCA-Indonesia ESP Director.

MCA-Indonesia shall conduct an assessment of potential cumulative impacts as early as possible.

Results of the assessment shall be communicated to prospective Project Sponsors to inform

preparation of their project design and any related project-specific environmental assessments.

Utilization of SEA Analysis SEAs conducted for the District Readiness Assessment have identified critical issues for each district. Findings from the Jambi and West Sulawesi starter districts have shown that critical issues identified can be utilized for the following:

Influence the design of projects by prospective Project Sponsors;

Influence project selection by the Project Financing Facility or Investment Committee;

Provide input on follow-up strategic assessments that should be done as a preventive measure;

Provide input to environmental assessments (screening or scoping in AMDAL, or for UKL/UPL);

Provide input in development of M&E indicators for the projects.

A Strategic Environmental (and Social) Assessment (SEA) is a participative assessment of strategic

environmental and social issues for a District or landscape and is used primarily for decision making

process in planning stages. SEA analysis shall inform landscape definition and may be used also to

7 Defined as an area larger than a district that may host a range of interconnected projects. 8 The purpose of the strategic assessment should be very clear and, as much as possible, to be linked to a discrete decision or decision-making process. Such clarity will allow for better definition of the scope of the assessment, and thus well-formulated results. 9 This ESMS does not specify the need to conduct Strategic Environmental Assessment (SEA), because Indonesian regulations related to SEA may be too restrictive in terms of methodology and approach. The intent here is that MCA-Indonesia should select the most appropriate assessment methodology and approach for the issue at hand.

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inform development and spatial planning, e.g., the Rencana Pembangunan Jangka Menengah

(RPJM), or the Medium Term Development Plan); Rencana Pembangunan Jangka Menengah

Daerah (RPJMD), or the Local-level Medium Term Development Plan, the Rencana Tata Ruang

Wilayah (RTRW), or Regional Land Use Plan, and the Rencana Tata Ruang Daerah (RTRD), or Local

Land Use Plan, etc.

In the GP Project ESMS, the SEA information requirement should be derived from the review and

analysis of existing SEA documents and/or SEA analysis incorporated in such documents as

RPJM/RPMJD, RTRW, etc. If no such information is available or is insufficient to provide the correct

level of SEA information of GP planning needs, then a SEA study must be conducted.

If MCA-Indonesia or its contractors have conducted a programmatic or strategic environmental

assessment (or other baseline assessments) in the district or sub-districts, MCA-Indonesia (or

assigned contractors) is responsible for informing the prospective Project Sponsors of the findings

of the assessments (through file sharing or other appropriate means as identified by the ESP

Director), especially those findings which may affect the design or location of the project. These

include, but are not limited to: a) socio-cultural characteristics, including presence of marginalized

groups and/or indigenous peoples, and gender-differentiated decision making and resource

management; b) critical environmental issues; c) key stakeholders to be consulted in the design

process; d) socio-economic features, such as income generating activities, health and educational

opportunities, other demographic features.

Under the GP Project ESMS, SEA information will also be utilized for the measurement of

regional/district/landscape sustainability of the GP Project.

11.3 Greenhouse Gas Emissions and Climate Change

One of the GP Project main objectives is to reduce greenhouse gas (GHG) emissions through better

management of natural resources. This is in line with IFC PS 3 objectives, which is to reduce project-

related GHG emissions during design and operation of a project. Furthermore, the GP Project should

also look at reduction of GHG emissions as part of potential impact of climate change to community

health and safety. Climate change is a cross cutting topic which is also addressed in multiple IFC

performance standards.

Therefore, the GP Project should identify the risks and potential impacts in GP investment areas,

landscapes and ecosystems that consider GHG emissions, as well as relevant risk associated with a

changing climate and the adaptation opportunities. In doing so, the GP Project should also refer to

Indonesian law and regulations, including the National Action Plan for Green House Gas Reduction

(RAN GRK), or any local action plans as a derivative of the national action plan.

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11.4 Public Consultation and Disclosure

As also mentioned above, the GP Project shall plan a proper mechanism for conducting public

consultation, disclosure or socialization, or other discussions organized by the GP Project unit (such

as the MSFs, the Investment Forums, etc.). A Public Consultation and Disclosure Plan (PCDP) shall

be developed by the GP Project to ensure proper organizing and documentation of such events.

Further consultations shall be conducted at the sub-district and village levels, with participants

selected based on the socio-economic-cultural characteristics of the areas of influence, and

proposed selection of project facilities or activities. Such consultation complies with another

element of the ESMS, namely “Disclosing Information and Engaging Stakeholders (E3)”.

At the GP Specific-project or project-level, consultation of stakeholders shall begin at the earliest

possible moment in the project design phase, so as to avoid and minimize undesired impacts or risks

to communities and other stakeholders, and to maximize positive benefits and the solicitation of

stakeholder input. From as early as the Initial Project Proposal (IPP) preparation, consultations with

key stakeholders are to commence. Consultations are expected to continue into the Project

Implementation and Post-Compact Monitoring stages, particularly with respect to monitoring and

evaluation of positive benefits and negative consequences due to the presence of the projects.

Consultations at any stage in the project cycle shall comply with the SGIP. All large consultation

meetings shall target a minimum of 30 percent representation of women and other marginalized

groups. Where women’s participation in large consultation meetings is not feasible or effective,

separate FGDs with women’s and marginalized groups shall be conducted. Consultations with

women and marginalized groups shall utilize appropriate communication techniques and

approaches. Such consultations shall be conducted with or supported by local CSOs, universities or

other organizations accustomed to convening and managing consultations with women and

marginalized groups in the project areas. A framework for Public Consultation and Information

Disclosure is found on Appendix 10 attached.

11.5 Grievance Mechanism

A formal mechanism will be established for efficiently and effectively recording and resolving

disputes or grievances related to GP project design, implementation and impacts. The mechanism

is based upon agreement between GoI and MCA about how best to share responsibilities for

managing it.

To support compliance monitoring, MCA-Indonesia shall create and manage a Compact-level

grievance mechanism in close consultation with the MCA-Indonesia Communications Outreach

Unit, consistent with the ESMS requirement on Developing and Instituting Grievance Mechanisms

(E5), which will also be integrated into the Compact-level stakeholder engagement plan. This

mechanism shall provide an accessible method for community members, representatives of NGOs

and community-based organizations to express, in addition to any other project related concern,

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their concern or dissatisfaction relating to the GP Project and Specific-projects (project specific

projects – Tier 3 ESMS).

The grievance mechanism shall be widely communicated to the communities in the districts

participating in GP, and shall utilize the most widely used methods or technologies in these areas.

For example, text messaging from mobile phones, or, for areas where mobile phone use is low, and

post-office service is not available, MCA-Indonesia shall ensure creation of village-level hubs for

information relay to GP Program staff at the district level. Care shall be taken to ensure that the

methods or technologies used are sensitive to the needs and customs of women and marginalized

groups, including indigenous peoples.

The grievance mechanism shall contain a clear path for grievances to be relayed and responded to.

The MCA-Indonesia (or contractors or consultants) shall assign a person(s) to manage the grievance

process, including:

Relaying grievances to the appropriate organization or unit in MCA-Indonesia;

Where the content of the grievance is unclear, seeking more information;

Assigning a timeframe for responding to the grievance, and reminding the responsible unit

when the deadline is near;

Following-up on grievance response, especially for issues that cannot be resolved

immediately (e.g. requiring changes in project activity or coordination with other

stakeholders);

Responding to the source of the grievance. This response is best done in writing or, at least,

recorded in writing. Where necessary and/or appropriate, the response shall be officially

raised with or witnessed by the community or village leader;

Managing documentation of grievances and grievance responses, as required by the MCA-

Indonesia document management system.

Prior to Compact closure, grievance management shall be handed-over to appropriate institutions,

based on an assessment of capacity and sustainability. Such hand-over shall be planned from Year

4 of Compact implementation.

11.6 Occupational Health and Safety

The people and staff engaged in the GP Project and its activities and specific projects may be

exposed to health and safety risks throughout the life cycle of the MCA-Indonesia GP Project, and

each of the specific projects. The risks may derive from travel activities, remoteness of project areas,

high-risk project activities and environment, project construction, and other occupational hazards.

To ensure safe and healthy working conditions work, all GP activities and projects will be required

to follow health and safety guidelines acceptable to MCA-Indonesia standards as reflected in the

MCA-Indonesia Health and Safety Guidelines. Consultants, implementing-entities, grantees, and

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borrowers may need to show proof of successful operationalization of acceptable guidelines, or

guidelines more stringent than those applied by MCA-Indonesia.

11.7 Land Acquisition and Resettlement

As much as possible, projects that require involuntary resettlement10 (economic and physical

displacement) shall be avoided. Where there is early indication (e.g. at the IPP stage) that physical

displacement of local communities is necessary to proceed with the project, MCA-Indonesia shall

encourage the Project Sponsors to consider an alternative project design or location, as to avoid

physical displacement altogether. Where economic or physical displacement is anticipated, MCA-

Indonesia shall require the Project Sponsor to develop a Resettlement Action Plan (RAP), in addition

to the environmental assessments required by the Government. The IFC-PS5 on Land Acquisition

and Involuntary Resettlement is triggered for such projects.

If land acquisition is required to support any GP Specific-projects, or is required as or for an

associated facility (e.g. land made available for locations of hydropower turbines, transmission line,

water ways, community forestry, etc.) the Land Acquisition and Resettlement Policy Framework in

Appendix 11 must be followed. This framework was developed based on World Bank OP 4.12, IFC

Performance Standard 5 and MCC Guidelines for Environmental and Social Assessment, and governs

all activities related to involuntary resettlement and land acquisition. Most land acquisition issues

will be project specific and detailed in GP Specific-project ESMS (Tier 3 GP Project ESMS). A Land

Acquisition and Resettlement Action Plan (LARAP) shall be developed

In cases where the government will be required to provide land for any GP Specific-projects, GP and

the GP Specific-project proponent shall work with any government lead Land Acquisition

Committees and local units. Project partners and/or proponents shall ensure that a LARAP or a RAP

or a Supplemental Resettlement Action Plan (SRAP) or other documents are made available to

comply with GOI laws and regulations and to fill any gaps to adhere to IFC PS and the World Bank

OP 4.12 as stated above.

In such cases, the proponent is responsible for assisting local government in preparing a Land

Acquisition and Resettlement Policy Framework (LARPF) prior to any land acquisition and

involuntary resettlement activities, and/or other necessary land acquisition documents, e.g. a

LARAP document for implementation of land acquisition, or a SRAP for cases where land acquisition

is complete, but resulted in residual impacts. This applies for both projects undertaken by the

private sector and also projects implemented by communities through the GP Grant Managers. If

the LARAP preparation requires specific study or assessment, then MCA-Indonesia may support the

effort through the Technical Assistance and Oversight activity under the GP Project.

Cost implications that may arise from a LARAP should be adjusted depending the site-specific

conditions of each project. If land is privately owned by the proponent or other private entities

10 IFC-PS 5 defines involuntary resettlement as: affected persons do not have the right to refuse land acquisition or and restrictions that result in physical or economic displacement.

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then the cost of LARAP/SRAP implementation should entirely be the responsibility of the owner or

proponent. If the land is acquired and owned by government/public then any costs for a

LARAP/SRAP should come from the government. In such a case, costs for a LARP/SRAP, as well as

for any residual impacts and additional mitigation not covered by the government should also be

supported also by the project partner/proponent. For small scale projects undertaken by the

community, the respectful local government is responsible for the cost for implementation of a

LARAP/SRAP, but the project can also encourage donations from the community as long as it meets

the informed consent and power of choice principles (see appendix 10a about Land Acquisition and

Resettlement Policy Framework-LARAP).

11.8 Indigenous People

Where GP selected districts are home to indigenous peoples, MCA-Indonesia shall anticipate issues

related to indigenous peoples and prepare guidelines for prospective Project Sponsors in

connection with project design (IPP and Full Project Proposals) and project implementation (impact

mitigation and monitoring). The guidelines may include issues such as customary forest rights,

informed consultation and participation, and FPIC (free, prior and informed consent) when it is

triggered under IFC-PS 711. In projects where indigenous peoples reside within the area of influence,

project environmental assessments (AMDAL or UKL/UPL) and environmental and social action plans

shall specifically address any potential impacts, treatment and monitoring of impacts concerning

indigenous peoples. A framework to guide the formulation of an Indigenous People’s Plan can be

seen in appendix 12.

11.9 Cultural Heritage and Chance Find Procedure

Consistent with IFC PS 8, GP projects should be sensitive to both tangible (cultural sites, graves and

gravesite, religious structures, etc.) and intangible (traditional folklore, songs, etc.) cultural heritage

settings of their project locations. If triggered and applicable, projects shall conduct a Cultural

Heritage study of the project site and any affected surrounding communities and develop a Cultural

Heritage Plan. At a minimum the project should apply a Chance Find Procedure (as described in

Appendix 13) that will ensure that any cultural heritage findings during project implementation can

be dealt with in accordance to GoI regulations and IFC Performance Standards.

11.10 Social and Gender Integration Plan (SGIP)

MCA-I has developed a Social and Gender Integration Plan (SGIP) to ensure compliance with MCC

Gender Policy and to achieve social inclusion and gender equality outcomes in each of the three

projects, including GP. The SGIP aims to maximize project benefits for all, and especially to provide

11 IFC-PS 7 calls for FPIC if the project may result in “a) adverse impacts on traditionally owned land or land under customary use; b) the relocation of Indigenous Peoples from communally held lands and natural resources subject to traditional ownership or under customary use; or c) significant impacts to critical cultural heritage or priority ecosystems.

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equal access and benefits to women and potentially marginalized groups. It also aims to minimize

social and gender based risks, particularly exclusion of marginalized groups and the capture of

benefits by elites, in order to reduce poverty and improve household welfare. The GP SGIP will

require that lifescape analysis is carried out for developing each investment proposal, and that key

social inclusion and gender equality objectives are integrated in the investment design,

implementation and impact evaluation stages by those responsible for each stage. Furthermore,

SGIP includes guidance for addressing specific social and gender issues such as human trafficking,

child and forced labor, and HIV/AIDS,

In addition, relevant to the ESMS principle elements, the SGIP also ensures, through monitoring and

coordination during implementation, that final activity designs, construction tender documents and

implementation plans are consistent with and incorporate the outcomes of the social and gender

analyses and social and gender integration plan.

To address gender concerns that impact women’s ability to participate across Projects, MCA-

Indonesia has adopted an SGIP with a detailed workplan for gender work to be undertaken at the

policy, institutional capacity building and community levels (the “Targeted Gender Activities”). As

part of the GP Project ESMS, the SGIP and its work plans shall be incorporated into both the GP

Project and specific project level ESMSs and ESMPs.

11.11 Lifescape analysis in GP

Lifescape analysis is a participatory assessment of the people (women, men and different social

groups), institutions (formal and informal) and relationships within, and with, the landscape. This

analysis helps to ensure a socially inclusive project that can mitigate risks of jealousy and potential

conflict, and ensures that the majority of benefits are not captured by elites either within or outside

of the landscape. A Lifescape assessment will be used for each GP investment proposal in order to

ensure mutually-reinforcing and equitable benefits for the people, especially the women and

potentially marginalized groups, and the potential for both social and environmental sustainability.

A Lifescape analysis methodology is being developed by MCC and MCA-I and will be included in the

GP operational manual, and shall be incorporated and integrated with applicable environmental

and social impact assessments.

12 Environmental and Social Management of the GP Project

12.1 Environmental, Social Impact Assessment (ESIA)

The Project Sponsor12is responsible for commissioning the environmental assessment, which

comprises of either an AMDAL or UKL/UPL or an SPPL, following the Indonesian regulations that

12 The Project Sponsor shall be the main institution or corporation that takes the lead in developing the project, and likely to serve as operator of the project. The Government regulations on AMDAL and Environmental Permit refer to a Project Sponsor as “project proponent”.

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govern determination of an appropriate level of study13 (see also Appendix 9). The scope of the

AMDAL or UKL/UPL shall follow Indonesian government guidelines, but be complemented or

strengthened in several areas to ensure compliance with this ESMS (and thus the IFC Performance

Standards). Areas that need to be strengthened in the AMDAL or UKL/UPL may include (but are not

limited) to the following:

Assessment of social impacts (issues related to women and marginalized groups,

indigenous peoples, cultural heritage, human trafficking, discrimination in the workplace);

Assessment of impacts related to land acquisition and resettlement, if such actions are

required;

Public participation in the AMDAL process (particularly to ensure that women,

marginalized groups and indigenous peoples are adequately consulted).

Environmental and social impacts and risks will be identified in the context of the project’s area of

influence.14 This area of influence shall be defined in the AMDAL (or UKL/UPL) as the ‘study area’.

During implementation of the environmental assessment, the Project Sponsors shall conduct

appropriate consultations with affected communities and key stakeholders. For the AMDAL process,

the consultations shall follow Government of Indonesia guidelines, and results shall be formally

acknowledged and incorporated in the AMDAL study and reports. For UKL/UPL, consultations shall

be conducted to ensure that the affected communities’ perception of potential impacts (even

insignificant ones) is considered in the preparation of environmental and social management and

monitoring plans. In both instances, appropriate dissemination of information and IFC Performance

Standards regarding informed consultation shall be conducted to ensure that target groups are

prepared to provide comments, inputs and express aspirations in a manner that is consistent with

the requirements of the IFC Performance Standard triggered.

Guidelines to Determine Appropriate Type of Environmental Assessment

The Government of Indonesia acknowledges three types of environmental documentation, each intended for types of projects with different levels of environmental impacts. The AMDAL is a full environmental assessment, required for project types that are considered to potentially cause significant impacts and requires substantial environmental management. The Regulation of the Minister for Environment No. 5 Year 2012 on Types of Projects and/or Activities that Require an AMDAL should be consulted. Care shall be taken with regard to projects located in “conservation areas”,

13Regulation of the Minister for Environment No. 5 Year 2012 on Types of Projects and/or Activities that Require an AMDAL. Projects that do not require an AMDAL are either required to prepare and submit a UKL/UPL (Environmental Management and Monitoring Plan) or a SPPL (Letter of Commitment for Environmental Management). 14 IFC-PS 1 defines “area of influence” to encompass, as appropriate: a) The area likely to be affection by the project’s activities and facilities that are directly owned, operated or managed (including by contractors) and that are a component of the project; or impacts from unplanned but predictable developments caused by the project that may occur later or at a different location; or indirect project impacts on biodiversity or on ecosystem services upon which affected communities’ livelihoods are dependent; b) Associated facilities, which are facilities that are not funded as part of the project and that would not have been constructed or expanded if the project did not exist and without which the project would not be viable; c) Cumulative impacts that result from the incremental impact, on areas or resources used or directly impacted by the project, from other existing, planned or reasonably defined developments at the time the risks and impacts identification process is conducted.

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as listed in Attachment III of the Regulation. The list includes riverbanks, coastlines, protection forests, peat lands, lakes and reservoirs, national parks, nature reserves, and many other categories.

For combined RE/SNRM projects, the above Regulation shall be reviewed for each component of the proposed project. If one component of the project requires an AMDAL, then the entire project requires an AMDAL. For example, a proposed project involves the following components: a) biomass power generation ≥10 MW (AMDAL required), b) Agroforestry intensification (no AMDAL required); c) transmission line < 150 kV (UKL/UPL required). Since one component requires AMDAL, then the project sponsor shall prepare an AMDAL study that covers all components and the entire area of influence of the all components. Approval of the AMDAL document by the Government will be followed by issuance of an Environmental Permit.

Projects that do not require a full AMDAL shall prepare a UKL/UPL document. The threshold scale of projects is determined by the technical ministries, and has been compiled by the Ministry of Environment. Approval of the UKL/UPL document by the Government will be followed by issuance of an Environmental Permit.

Most small-scale activities only require a SPPL (essentially a letter of commitment to manage the environment) issued by the Project Sponsor. All activities that are not listed under the UKL/UPL lists of the technical ministries would only require a SPPL. No Environmental Permit is issued. However, if one of the IFC-PS is triggered, then the proposed project should be supported by a UKL/UPL document (instead of a SPPL). This will allow Government supervision of the project, through the Environmental Permit mechanism.

Due to the potential for specific project-related requirements in different areas, Project Sponsors are encouraged to consult with the District- or Province-level Environmental Agencies in determining the type of environmental assessment and approvals needed prior to embarking on any environmental/social studies and/or preparing any documents.

MCA-Indonesia shall ensure that all AMDAL or UKL/UPL documents produced by Project Sponsors

are of good quality and follow accepted standards set, at minimum, by the Ministry of Environment.

MCA-Indonesia consultants or GP technical assistance teams shall provide support to Project

Sponsors should they require it, particularly regarding review of draft AMDAL or UKL/UPL

documents prior to submission to the Government for approvals.

As part of the environmental assessment, the Project Sponsors (or their consultants) shall gain an

understanding of how the environment (and changes therein) may affect the viability and

sustainability of MCA-Indonesia’s investments. If an assessment has been done by MCA-Indonesia15,

results shall be shared with Project Sponsors (and their consultants), and such findings shall be

incorporated into or influence project-specific designs and/or environmental assessments. A

strategic environmental assessment, or other method of baseline assessment agreed with the MCA-

Indonesia ESP Director, will address this issue.

12.2 Environmental and Social Management Plan

Part of the outcome of the AMDAL or UKL/UPL process is an environmental management plan (in

the form of RKL or UKL). In order to ensure proper Design and Implementation of Environmental

and Social Action Plans (E4), the project sponsor shall prepare the RKL or UKL in such a way that it

comprehensively addresses mitigation and management of (remaining16) environmental and social

impacts. Since the contents of the RKL or UKL will become the basis of Environmental Permit

conditions (see below), the action plan shall have the following characteristics: a) specific and

15As part of strategic environmental assessments or programmatic assessments to address broader issues. 16 If the design of the project is environmentally- and socially-sensitive, there should be minimal environmental and social impacts that remain to be mitigated.

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measurable actions, b) clear targets and location of actions; c) realistic frequency or duration of

actions; d) present mechanism to modify actions should monitoring show unexpected impacts.

Aspects or parameters that are not included in the Environmental Permit17, shall remain in the

Environmental and Social Action Plan, and shall be implemented with the same diligence as those

in the Environmental Permit.

The monitoring plans (RPL or UPL) shall follow or, at a minimum, utilize the structure of

environmental and social indicators in MCA-Indonesia’s Monitoring and Evaluation (M&E) system.

A GP Environmental and Social Management Plan (ESMP) will be developed based on this ESMS and

will elaborate further GP responsibilities, actions and management plan for the entire duration of

the Compact. This ESMP will also be the basis for planning and resourcing and procuring for the

successful implementation of the GP Project ESMS, and will form the basis for budgeting.

The above ESMP is separate to a GP specific project or GP project ESMP that will be developed under

the framework of a project specific ESMS as described in sub-sequent sections above.

12.3 Environmental Permit

Upon completion of the AMDAL or UKL/UPL, the project sponsor shall submit an application for an

Environmental Permit, as governed by the Government Regulation No. 27 Year 2012 on

Environmental Permit. The permit application shall be submitted to the appropriate level of

government; for RE and SNRM projects, likely the district-level government18.

The Environmental Permit shall establish environmental conditions that must be met by the Project

Sponsor. This Environmental Permit serves as the Government’s instrument to demonstrate

compliance instrument for the entire life-span of a RE or SNRM activity. As such, this Environmental

Permit and its compliance measures will continue beyond the duration of the MCA-Indonesia (five

years) operations. Responsibility of compliance and routine reporting to the Government lies with

the Project Sponsor or proponent.

12.4 Environmental Reporting, Monitoring and Evaluation

GP will be responsible to make available GP project and Specific-project level reports. This report

shall be aligned to the GP Project ESMS, the SGIP, the MCA-Indonesia Monitoring and Evaluation

Plan, and the MCA-Indonesia Audit principles.

17 The Environmental Permit is likely to mainly cover bio-geo-physical and chemical aspects, and excludes conditions for the less tangible mitigation of social risks and impacts. 18Dinas/Badan Lingkungan Hidup (or equivalent organization), or, one-stop permitting agency, in districts where it has been established.

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The Specific-project monitoring and evaluation requirements will be developed in the project

specific ESMS and ESMP, and will follow the requirement of the respective Environmental Impact

Assessment reporting, monitoring and evaluation requirements.

In addition to reporting on Environmental Permit implementation, the Project Sponsor is also

responsible for reporting on environmental and social performance to MCA-Indonesia or its

contractors (assigned to supervise M&E and/or environmental and social performance), consistent

with the ESMS requirement for Compliance Monitoring, Reporting and Evaluation (E6). MCA-

Indonesia shall prepare guidelines for reporting of Environmental and Social Performance by Project

Sponsors.

Compliance monitoring and evaluation are key factors in ensuring continuous improvement of

project operations. Where monitoring shows deterioration in environmental quality or social

welfare, Project Sponsors are required to address the negative impacts. Should such action require

revision of the Environmental and Social Action Plan, the RKL or UKL, and/or the Environmental

Permit, the Project Sponsor shall initiate such changes without delay in the most efficient and cost

effective manner. Violation of permit conditions and government regulations is not tolerated, and

all Project Sponsors and MCA-Indonesia shall utilize the monitoring and evaluation system to ensure

that projects are in compliance.

Monitoring and evaluation shall also extend to social risk management (not generally covered in

any permits). Social and economic indicators shall be developed, and synchronized with MCA-

Indonesia Monitoring and Evaluation System, which shall be utilized as the program’s main

mechanism for ensuring compliance across all MCA-Indonesia activities and tracking project

benefits. The indicators shall be developed with consideration of benefits and impacts to women

and marginalized groups.

13 Institutionalization of the GP Project ESMS

Previous sections have discussed at length the GP Project and the framework for the incorporation

of the Environmental and Social Management System (ESMS) into all stages/levels of the GP Project.

The ESMS is therefore a management system to guide GP investments in the preparation and

design, implementation and monitoring of GP projects, integrating environmental and social

performances articulated in the ESMS.

The ESMS is intended to maximize environmental benefits, mitigate and manage risks and impacts,

and minimize environmental and social management costs. An effective implementation of the

ESMS is therefore reliant on the institutionalization of the GP Project ESMS into the GP Project. The

main challenge of GP Project ESMS implementation is managing the many simultaneous

implementations of GP activities and Specific-projects in a relatively large area.

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13.1 Implementation and Management of the GP Project ESMS

MCA-Indonesia – led by the Executive Director – has two main divisions, i.e. the Operations Support

and the Programs divisions, both lead by respective Deputy Executive Directors. The GP Project

Director reports to the Deputy Executive Director for Programs.

Figure 5: Organizational Structure for MCA-Indonesia and its Green Prosperity Project Unit

The GP Project Director has the operational support of MCA-Indonesia’s Operations Support

Divisions (Legal, Finance, Procurement, Human Resources, Communication) as well as technical

support and oversight from cross-cutting units under the Program divisions (Environmental &Social

Performance, Social &Gender Assessment, and Monitoring &Evaluation).

In addition, technical support and oversight from an economic perspective is also provided to the

GP Project through the Chief Economist. Information technology (IT) support will be provided by

the Information Officer. Within the GP Project itself, Associate Directors (AD), Managers, Specialists,

Coordinators and Administrators directly support the GP Project Director.

Relevant GP staffs are directly responsible for any environmental and social safeguard measures

associated with the particular GP activity they oversee. As an example, the AD for PLUP would be

the person responsible for undertaking proper stakeholder/community engagement plan (SEP)

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combined with proper public consultation and disclosure plan (PCDP) for each (Village Boundary

Setting (VBS) focus group discussion.

Another example, the National Relationship Manger is responsible for the overall proper

implementation of the overall SEP and PCDP for all district MSFs. The GP Director, however, has the

ultimate responsibility for ESMS implementation under the GP Project, while, as mentioned above,

environmental and social oversight is still provided by the ESP Director and the ESP unit through

consolation, technical support and approval of condition precedence for initial funding

disbursement as outlined in the GP Operations Manual(s).

In its current form, the GP Project organization does not have an environmental and/or social

specialist to oversee the implementation and management of environmental and social

safeguarding under the GP Project. Additional GP staff or contractors may be hired or engaged in

the future to assist in the effective management of the GP Project ESMS with strict oversight from

the MCA-Indonesia ESP Director as detailed in the GP Operations Manual(s).

The implementation of GP Project-level environmental and social responsibilities, action and

management plans will be further discussed in the GP Environmental and Social Management Plan

(ESMP) to be developed following this GP Project ESMS. This is separate to the specific-project

environmental and social responsibilities that will be detailed in Specific-project level ESMP.

The government, through its provincial and local environmental institutions, has the general

responsibility of oversight on the implementation of the ESMP based AMDAL or UKL/UPL analysis,

or other ESIA studies required by MCA-Indonesia. Recognizing that not all provincial and/or local

government environmental institutions may have this capacity, MCA-Indonesia through the GP

Project can, where appropriate, provide funds within the Compact to help ensure proper oversight

and implementation of mitigation measures.

13.2 Roles and Responsibilities

As described in various sections above, environmental and social measures may apply in GP Project

ESMS, Specific-project ESMS or in both. Table 6 below shows the division of responsibilities between

the two ESMS levels.

Table 6. Division of Responsibilities between GP Project ESMS and Specific-projects ESMS

Environmental and Social

Measures GP Project ESMS

(Tier 2 ESMS) GP Specific-project ESMS

(GP Tier 3 ESMS) Environmental and Social Baseline Information

District/landscape environmental and social baseline data

Project Specific environmental and social baseline data

Strategic Environmental Assessment Analysis

To determine landscape boundaries, for project selection decision making

As reference to project implementation

Stakeholder Engagement/Stakeholders Engagement Plan (SEP)

GP Project led identification of national, provincial and local level stakeholders. Requires SEP.

Project lead identification, mapping of project stakeholders. Requires SEP.

Beneficiaries and Affected People N/A Project beneficiaries and Affected People

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Environmental and Social Measures

GP Project ESMS (Tier 2 ESMS)

GP Specific-project ESMS (GP Tier 3 ESMS)

Public Consultation and Disclosure GP Project led consultation and forums: MSFs, Investment Forums, workshops, etc.

Project socialization, project public consultation. Requires PCDP.

Occupational Health and Safety GP Project activities: office safety, work related travel health and safety, etc.

Project level health and safety including Occupational health and safety at project sites.

Grievance Mechanism Yes Yes

Social and Gender Assessment/SGIP For GP activities (MSSF, investment Forums, etc.), and for SGA lead gender targeted activities

Project integration of SGIP: access to information, project involvement and benefits for women and vulnerable groups

Economic Rate of Return (incl. environmental. & social)

Yes Yes

Environmental and Social section in Call for Proposals/EOIs

Yes N/A

Environmental and Social section in Project Proposals

N/A Yes

Environmental and Social Due Diligence, Audits and Gap Analysis (for revision of existing associated projects)

Review for project selection, feasibility study and investment committee

Project design, project EIA and ESIA.

Land Acquisition and Resettlement For PLUP Activity May requires Land Acquisition and Resettlement Plan (LARAP) or Land Acquisition Audit and Supplemental Resettlement Action Plan (SRAP) – if IFC PS 5 triggered.

Environmental Impact Assessment (AMDAL, ESIA, ESHIA), Environmental Action Plan

N/A Yes, depending on project and EIA requirement

Environmental Permits N/A Yes, depending on project and EIA requirement

Indigenous People (Study and Plan) N/A. However, PLUP ensures IP inclusion via use of VBS guideline implementation

Requires IP Study and IPP if IFC PS 7 triggered

Cultural Heritage (Study and Plan) N/A Requires CH Study and CHP if IFC PS 8 triggered

Environmental and Social Management Plan

Yes. For GP Level ESMS, determine resources, procurement and budget.

Yes. For Project level ESMP, resources and project level environmental and social management cost.

Environmental and Social Reporting Yes Yes

Environmental and Social Monitoring and Evaluation

Yes Yes

Green House Gas Emission In consultation with M&E Depending on project typology. Method to calculate project GHG emission savings.

Sustainability Sustainability of landscape. Relevance to District development plans

Project sustainability

13.3 Resources for Effective GP Project ESMS Implementation

Even though the proper implementation of Tier 3 specific projects is the responsibility of the project

proponent, the GP Director is ultimately responsible for upholding environmental and social

safeguards throughout the implementation of the GP Project ESMS in all GP activities and level of

projects. The GP Director and the GP Unit will have a coordination line and technical support from

the ESP Director and the ESP Unit. The ESP Director will maintain overall oversight responsibility for

implementation of the MCA-Indonesia ESMS and the GP Project ESMS.

36

The GP Project will be assisted by consultants and contractors that shall have understanding of the

ESMS and the relevant expertise to implement it. The GP Unit, depending on the need, may have

designated staff to coordinate environmental and social activities, reporting and administration of

ESMS related work. The ESP Director shall provide technical support in the recruitment or

engagement of such individual. The institution of resources will refer to the GP Operations Manual

further to be detailed in the GP ESMP. All environmental and social work associated to the GP

Project would still be subject to oversight from the ESP Director and ESP unit staff.

Resources for Specific-project ESMS implementation will be outlined in the Specific-project ESMS

and detailed in the project ESMP, and will be the responsibility of the Specific-project

Proponent/Sponsors to develop.

13.4 Budget Requirements

MCA-I shall ensure that sufficient budget is allocated annually and throughout the entire Compact

period to implement and institutionalize this Tier 2 ESMS for GP, as well as to conduct evaluation

and revision of the requirements, as necessary.

Any necessary budget for GP Project related environmental and social performance activities based

on clear ESMP and GP work plan will be reflected and secured in the Quarterly Disbursement

Request (QDR), disbursement and procurement plans and made ready for use in each respective

quarter of GP Project ESMS implementation.

Budget needs for GP investments will be identified through each Specific-project ESMS and ESMP

and administered and secured accordingly. Securing such funds is the responsibility of the project

partners or proponents. In cases where the project partner or proponent have difficulties in

securing such funds, the GP Project may consider to bear all or partial funding of the required funds

with further reference to the GP Operations Manual(s) and the MCA-Indonesia financial procedures.

13.5 GP Internal Capacity Assurance

MCA-Indonesia shall ensure there is capacity within the MCA-Indonesia organization and all third-

party organizations19, as well as sufficient resources, to implement this ESMS. This includes

sufficient resources allocated in MCA-Indonesia budgets and in contracts with

contractors/consulting firms, in loan/grant agreements with Project Sponsors, as well as in contracts

with the selected intermediary organizations.

For intermediary organizations, MCA-Indonesia shall conduct an ESMS capacity assessment as part

of the due diligence process prior to selection and contracting of the prospective intermediary

organization. The capacity assessment shall determine the level of preparedness of the prospective

organization in implementing the ESMS as part of its role and responsibilities assigned by MCA-

Indonesia. Should a severe deficiency be identified, MCA-Indonesia shall obtain assurances that the

19 This includes contractors, consulting firms, project sponsors, and intermediary organizations.

37

prospective organization will enhance their capacity prior to signing or contract, and a functioning

ESMS is in place prior to disbursement of funds from MCA-Indonesia.

Where MCA-Indonesia delegates some of its authority to contractors or other entities (such as the

Project Management Consultant, Project Financing Facility or the Project Preparation Facility), the

agreements or contracts that govern their relationship shall incorporate the contractor’s

obligations, roles and responsibilities with regard to implementation of this ESMS. Where possible,

the contracts or agreements shall contain sanctions for failure in or inadequate performance of said

duties.

MCA-Indonesia, through the ESP Director and the GP team, shall also ensure that district and

provincial governments are prepared to execute their roles and responsibilities, which include:

Proper review and approval of AMDAL and UKL/UPL documents,

Issuance of Environmental Permits,

Monitoring of permit compliance,

Environmental data management,

Environmental/ social grievance management.

Where deficiencies are identified, MCA-Indonesia shall develop and implement capacity building

and provide technical assistance support for appropriate government agencies and stakeholders,

which include the Ministry of Environment. This includes support for the collaboration between

Ministry of Environment (MOE) and US-Environmental Protection Agency (USEPA), in areas relevant

to Green Prosperity. The detailed scope of the collaboration will be agreed upon by MOE, US-EPA

and MCA-Indonesia.20

Additional capacity assurance shall be addressed through the Green Knowledge, with inclusion of

cooperation with local universities, assignment of technical assistants (consultants) for on-the-job

training of government officials, development and delivery of training courses and workshops, and

so on.

13.6 Capacity Development and ESMS Roll-Out

The MCA-Indonesia ESP Director is responsible for ensuring that all relevant parties are aware of

and capable of implementing the ESMS and GP Project ESMS. The MCA-Indonesia ESP Director shall

develop a roll-out/ communications plan, which is integrated or dovetailed with the rolling out of

the Social and Gender Integration Plan. This plan shall include:

Development and delivery of workshops and training sessions for MCA-Indonesia officers

and staff;

20 Discussions and work plan preparation are ongoing.

38

Development and delivery of workshops and training sessions for contractors, consultants

or other entities assigned to implement portions of the GP activities and this ESMS on behalf

of MCA-Indonesia;

Preparation of guidelines, manuals, checklists and other tools to support implementation

of this ESMS21;

Strategy to disseminate the above tools to prospective Project Sponsors, CSOs, and other

relevant CSOs, which may include the use of MCA-Indonesia websites/ portals and MCA-

Indonesia events;

Assignment of responsibilities in the GP Management and ESP Management of MCA-

Indonesia to implement capacity development and roll-out;

Schedule for preparation of tools and commencement of workshops and training.

Any capacity development activity related to implementation of this ESMS shall also consider the

appropriateness of materials and/or delivery to women’s and marginalized target groups.

13.7 Compliance and Environmental Audit

MCA-Indonesia and the GP Project may be subject to a technical audit that may include

environmental (and social) audits as described in the Audit Guideline. Environmental audits will

therefore be based on GP Project and specific project ESMSs and ESMPs, and other environmental

compliance baselines, which may include any environmental permits issued for a specific GP

Specific-project.

Compliance shall be verified by means of regular project monitoring or audit. ESMS compliance shall

be a contractual obligation for GP Project Sponsors and any entity whose professional services are

retained for GP project preparation or implementation. Should MCA-Indonesia (or its contractors)

discover ESMS-related violations, including those related to permit conditions, or non-compliance

with the project-specific ESAP and/or these ESMS, MCA-Indonesia shall issue a warning to the

Project Sponsor and will direct the development of adequate mitigation plans. As is the case with

breaches of other contracts, sanctions or reprimands for ESMS non-compliance shall be enforced in

line with MCA-Indonesia policy in the grant/loan scheme and any contracts or agreements put into

force between MCA-Indonesia and external partners, sponsors or proponents.

13.8 Reporting of Environmental and Social Performance

The MCA-Indonesia ESP Director is responsible for reporting environmental and social performance

of the Green Prosperity Program to the MCA-Indonesia Chief Executive Officer on an annual basis.

Such a report shall be prepared jointly with the Social and Gender Director. The environmental and

social performance reports shall be compiled from reports prepared by all contractors, consultants,

project sponsors or other entities that abide by this ESMS.

21 See Appendix A for a preliminary list.

39

On a quarterly basis, the MCA-Indonesia ESP Director (with the Social and Gender Director) and the

MCA-Indonesia GP Director shall meet to evaluate GP’s environmental and social performance, and

identify issues regarding non-compliance, capacity development needs and progress, other factors

that hinder positive performance.

The MCA-Indonesia ESP Director shall develop and institutionalize standard reporting formats to be

utilized by all relevant parties. Such reports shall be synchronized with any social and gender

reporting requirements (see the SGIP).

Where possible, the contracts or agreements shall contain sanctions for failure to perform or for

inadequate performance of their contractual duties.

13.9 Review and Revision of the GP Project ESMS

Evaluation of GP’s environmental and social performance may lead to findings regarding weakness

of or inappropriate requirements or procedures in the Tier 2 ESMS for GP. This may include

problems with cumbersome procedures, inappropriate or ineffective division of roles and

responsibilities, and/or requirements that are too stringent for the scope or level of activities.

Should there be such findings, the MCA-Indonesia ESP Director shall decide whether this Tier 2 ESMS

for GP should be modified or revised. In making this decision, the ESP Director shall consult the

MCA-Indonesia Social and Gender Director and the MCA-Indonesia GP Director, and will seek

advice/ support from MCC.

Revision of the requirements or procedures of this Tier 2 ESMS for GP must still comply with the

Tier 1 ESMS and, particularly, must not violate the Policy Statement in Tier 1 or the laws and

regulations of the Government of Indonesia.

40

Appendix 1. GP Project ESMS Process Flows

MCA Indonesia Stakeholder/Partners

Supervision

Initiation stage:

Participatory Land Use Planning

(PLUP)

Appraisal stage:

Expression of interest/Call for proposal

Eligibility screening

Appraisal of full proposal and recommendation to

Investment Committee

Approval stage:

Investment Committee

Decision to Approve

Grant Award

Project Completion

Provide funds and take a lead for PLUP

activities: village boundary setting,

transparent licensing processes and enhance

spatial planning. Also conduct a multi forum

stakeholder (MSF). PCD Plan apply in this

stage.

Province and district government:

Established a coordination team, who will

work with MSF. The coordination team

consist of related Government Agency

(Dinas) at province and district level.

• MCA-I hired the Project Management Consultant (PMC) and Grant manager who will work for undertaking the management, implementation and monitoring and supervision for GP Facility and performance of individual grant/community based NRM grants.

• PMC will provides expertise to support technical screening and appraisal project proposal and monitoring.

• Technical Appraisal Panel (TAP) will screen all received concept notes against the project eligibility criteria and ESMS screening checklist. ESP unit will prepare input as needed.

• Based on input and recommendation from PMC and TAP, the Investment Committee will take a decision for grants award.

• MCA-Indonesia (supported by the PMC) shall promptly negotiate terms and conditions and conclude Grant Award Agreements with the successful applicants. The negotiation packages include any ESMS related covenants. The ESP unit will provide input as needed

The proponent will send a brief concept

notes (4-10 p) about type, scope and location

of investment/project. The concept notes

should also include the environmental and

social risk/potential impact information in

the proposed activities.

• The successful proponent will negotiate with MCA Indonesia about term and condition of the grand award.

• The successful proponent should start to prepare the environmental and social assessment. The proponent can used the environmental and social performance guideline in GP Project ESMS.

• M&E unit conduct a regular monitoring and evaluation

• ESP unit conduct a thematic review as necessary.

• GP unit inform ESP unit of any changes in project scope and if any new risk/issues arise.

The proponent monitor and manage the

environmental and social risk/issues; keeps

management and MCA-I informed of

potential risk.

The proponent incorporate the

environmental and social risk management

in the project completion report

MCA-I through ESP unit will review and

provide input/comments for the project

completion report on request.

41

Appendix2. Project Screening and Scoping Checklist

All projects go through the following steps:

Step 1. Is the project eligible for the GP Project, based on the Environmental Screening Criteria?

Step 2. What safeguards tools are required for each project? EIA, EMP for Upgrades or EMP for New

Sites, LARAP, IPP.

Step 3. Will the environmental and social issues of the project be covered by the standard mitigation

plan templates, or will further mitigation measures

Step 1: Eligibility Criteria

ELIGIBILITY SCREENING CRITERIA APPLIES, YES or NO Eligibility for GP Project

Natural Habitat

Natural habitats are defined as land and water areas where the ecosystems' biological

communities are formed largely by native plant and animal species, and human activity has not

essentially modified the area's primary ecological functions

Does the Specific-project involve removal

of existing non degraded natural forest to

make way for a plantation, orchard, or

farm?

If yes, project ineligible

Will the project result in significant

degradation or conversion of natural

habitats and/or forest areas, proposed

protected areas or areas that are

considered of species ecological

significance?

If yes, project ineligible

Is the project will related to trade in

endangered species of wildlife or wildlife

products regulated under CITES, or product

derived thereof

If yes, project ineligible

Is the project will work in sensitive sectors

and sensitive location (based on MCC

environmental and social assessment

guidelines)?

If yes, project ineligible

Is the project located within any National

or Provincial protected area?

If yes, then an full

Environmental Impact

Assessment must be

prepared in accordance

with GoI regulation and

MCC guidelines

42

ELIGIBILITY SCREENING CRITERIA APPLIES, YES or NO Eligibility for GP Project

Indigenous Peoples

The objective is to identify indigenous peoples, consult with them, ensure that they participate in,

and benefit from the projects in a culturally appropriate way and that adverse impacts on them are

avoided, or where not feasible, minimized or mitigated.

Are indigenous people present/reside in

the project area?

If yes, an indigenous

people plan will be

prepared in accordance

with IP framework

Is the project involving activities that

impinge on the lands owned, or claimed

under adjudication, by indigenous or

customary communities, without full

document consent of such peoples?

If yes, project ineligible.

Physical Cultural Resources

Physical cultural resources include movable or immovable objects, sites, structures, groups of

structures, natural features and landscapes that have archaeological, paleontological, historical,

architectural, religious, aesthetic or other cultural significance.

1. Will the project cause temporary or

permanent relocation or any other

type of impact on physical cultural

resources known to be of local,

regional or national significance

based on national or provincial

lists, proposed national or

provincial list and/or identified

during public consultation with

local affected people groups?

If yes, project is ineligible

2. Are there any significant affect to

physical cultural resources

considered especially important or

sensitive particularly to local

groups (e.g. grave sites)

If yes, project is ineligible

Involuntary Resettlement

Involuntary resettlement includes those situations involving involuntary taking of land and

involuntary restrictions of access to legally designated parks and protected areas. The policy aims

to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse

social and economic impacts.

Is any land used by people/organization

likely to be acquired as a result of the

project?

If yes, a Land Acquisition

and Resettlement Action

Plan (LARAP) will be

43

ELIGIBILITY SCREENING CRITERIA APPLIES, YES or NO Eligibility for GP Project

Will any project activity involve restriction

of use on adjoining land?

prepared in accordance

with the Land Acquisition

and Resettlement Policy

Framework Is land ownership affected by the project?

Will there be a loss of housing or assets or

incomes local people/organizations?

Will any social or economic activities or

livelihood be affected by land use related

changes?

Forests

Forest is defined as an area of land not less than 1.0 hectare with tree crown cover of more than

10 percent that have trees with the potential to reach a minimum height of 2 meters at maturity in

situ and includes forests dedicated to production, protection, multiple uses or conservation

Will the project caused temporary or

permanent reduction or degradation to

ecosystem function of, or resources within,

a forest as defined above?

Step 2: Safeguards Screening Checklist

SAFEGUARDS SCREENING CRITERIA APPLIES, YES or NO Which EMP is required

Is the project an upgrading or extension

from the existing activity/project?

If yes, the project will

covered under an update

to EIA and/or EMP for

upgrades/extension

Is the project place in a new site? If yes, an EIA and/or EMP

for new site will be

prepared

Does the project require land acquisition,

involuntary resettlement and/or

compensation for lost assets?

If yes, a LARAP will be

prepared, under the

LARPF

Does the project involve the resettlement

of indigenous people?

If yes, an IP Plan will be

prepared under the IP

framework

Step 3: Environmental and Social Impact Scoping Checklist

Complete the following scoping checklist to confirm whether the standard template for mitigation

is suitable for each project, or whether additional mitigation measures are required.

44

ENVIRONMENTAL AND SOCIAL IMPACT

SCOPING

APPLIES, YES or NO Outcomes for EMP

Is the Specific-project will potentially of oil

contamination on the soil?

If the answer to any one

of the question is yes, the

standard mitigation plan

and monitoring plan will

apply to this project.

Does the project location have neighbors

within 50m of the construction site?

Is the project will make a vegetation

clearance?

Does the project involve earthworks?

Does the project have any predicted

environmental or social impact not listed

above?

If yes, then additional

mitigation and monitoring

measures will be

developed for the project

in the EMP

Does the project have additional activities

such as access road upgrade, new access

road, others associated infrastructure, etc.?

If yes, then the EMP must

include the mitigation and

monitoring of

environmental and social

impacts from the

additional works.

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Appendix 3. GP Project Tier 2 ESMS Screening Flow and

Instruments

Screening flow ESMS Instruments/Tools

Environmental and social section in EOI/CFP

proposal

- Environmental and social baseline data and information

- PCDP - SEA Analysis - ERR - Environmental. And Social gap analysis

(upgrade/extension project)

Screening eligibility criteria

Expression of Interest (EOI) /

Call for Proposal (CFP)

Adjusted with GP Project

Activity Landscape,

Environmental and Social

boundaries data and analysis

Project eligibility criteria

Decision Result:

Proponent and activities

chosen

46

Appendix4.GP Project Tier 2 ESMS Instruments/Tools

Tier 2 ESMS Instruments/tools

Strategic Environmental

Assessment Analysis

Stakeholder Engagement Plan

Public Consultation and

Disclosure Plan (PCDP)

Grievance Mechanism

Economic Rate of Return

Environmental and Social

section in EOI/CFP

Environmental & Social Due

Diligence, Audit and Gap

Analysis (for revision of

existing associated project)

Environmental & Social

Management Plan

Environmental & Social

Reporting

Environmental & Social M&E

Occupational Health and

Safety

Environmental and social

baseline information (based

on district/landscape

GP Project Activities

District/landscape

environmental baseline data

Determine landscape

boundaries for project

selection decision making

GP Project led consultation

and forum: MSF, Investment

Forum, workshop, etc.

Review for project selection,

feasibility study and

investment committee

Determine resources,

procurement and budget

GP Project activities: office

safety, work related travel

and safety, etc.

GP 4 Core Activities

Participatory Land

Use Planning Activity

(PLUP)

Technical Assistance

and Oversight

Green Prosperity

Facility Activity

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Appendix5. GP Project Tier 3 ESMS Screening Flow and Instruments

Screening Flow ESMS Instruments/tools

- Screen for ESMS instruments/tools (ESMP new/upgrading, LARAP, IPP, etc.) use screening checklist

- Scope for environmental & social impacts

- Prepare ESMP (AMDAL or UKL/UPL or SPPL) draft report

- Consultation and disclosure (PCDP)

- ESMP process - Environmental permit process - MCA Indonesia approval process

- ESMP implementation - Monitoring - Supervision - Review

Proposed Project

Screening and Scoping

Prepare ESMP docs

ESMP Appraisal and

Environmental Permit

Project Implementation

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Appendix6. GP Project Tier 3 ESMS Instruments/Tools

GP Project Activities

Project specific environmental and

social baseline data

Project lead identification, mapping

of project stakeholders

Project beneficiaries and affected

peoples

Project Design, project EIA and

ESIA,

If any land acquisition needed for

GP Project

Project level health and safety

including occupational health and

safety project

Project socialization, project public

consultation.

Environmental and Social

Management Plan for GP project

If any cultural heritage sites

affected by GP Project activities

If any Indigenous Peoples/Isolated

Vulnerable Peoples in GP project

areas

Tier 3 ESMS Instruments/tools

Environmental and social baseline

information

Stakeholder Engagement Plan

Beneficiaries and Affected Peoples

Public Consultation and Disclosure

Plan (PCDP)

Grievance Mechanism

Economic Rate of Return

Environmental and Social section

in proposal

Environmental & Social Due Diligence,

Audit and Gap Analysis (for revision of

existing associated project)

Environmental (Social) Impact Assessment

Environmental & Social Reporting

Environmental & Social M&E

Indigenous People/Isolated

Vulnerable Peoples Plan

Environmental & Social Management Plan

Environmental permit

Land Acquisition and Resettlement

Plan (LARAP) and Supplement

Resettlement Action Plan (SRAP) –

IFC PS 5

Chance Finds Procedures

Occupational Health and Safety

procedures

GP 4 Core

Activities

Participatory

Land Use

Planning

Activity (PLUP)

Technical

Assistance

and Oversight

Green

Prosperity

Facility

Activity

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Appendix7. Environmental and Social Performance Datasheet

Environmental and Social Performance Datasheet

Concept Stage

1.Proponent Name

2. Brief overview of proponent

3. Name of project to be funded under GP Project

4. Location(s) 5. Estimated Project Duration

6. Estimated budget for project activity

7. Project objectives 8. Project activities

9. IFC Performance Standard Trigger

(Please refer to the ESMS Tier 1 & Tier 2 of GP Project and IFC Performance Standards)

(please tick the trigger – if yes, please provide short explanation) Yes No

PS1. Assessment and Management of Environmental and Social Risks and Impacts explanation :....................................................

X

PS2. Labor and Working Condition

PS3. Resources Efficiency and Pollution Prevention

PS4. Community Health, safety and Security

PS5. Land Acquisition and Involuntary Resettlement

PS6. Biodiversity Onservation and Sustainable Management of Living Natural Resources

PS7. Indigenous Peoples

PS8. Cultural Heritage

9. Proponent capacity of ESP

10. ESP Specialist 11. Environmental Category based on MCC Guidelines with short explanation.

65

Environmental and Social Performance Datasheet

Appraisal Stage

A. Basic Information

1.Proponent Name

2. Brief overview of proponent

3. Name of project to be funded under GP Project

4. Location(s)

5. Estimated Project Duration

6. Estimated budget for project activity

7. Project objectives

8. Project activities

9. IFC Performance Standard Trigger

(Please refer to the ESMS Tier 1 & Tier 2 of GP Project and IFC Performance Standards)

(please tick the trigger – if yes, please provide short explanation) Yes No

PS1. Assessment and Management of Environmental and Social Risks and Impacts explanation :....................................................

X

PS2. Labor and Working Condition

PS3. Resources Efficiency and Pollution Prevention

PS4. Community Health, safety and Security

PS5. Land Acquisition and Involuntary Resettlement

PS6. Biodiversity Onservation and Sustainable Management of Living Natural Resources

PS7. Indigenous Peoples

PS8. Cultural Heritage

9. Proponent capacity of ESP

10. ESP Specialist

11. Environmental Category based on MCC Guidelines with short explanation.

B. Environmental and Social Performance Issues and Management

12. Describe any direct and/or indirect ESP issues and impact associated with project funded by GP Project. Identify and describe any potential large scale, significant and/or irreversible impact.

13. Describe any potential long term impact from GP Project/Investment to the project area

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14. Describe any project alternatives (if relevant) considered to help avoid or minimize adverse impacts:

15. Describe measures taken by the proponent to address environmental and social issues. Provide an assessment

of proponent capacity to plan and implement the measures described:

16. Identify the key stakeholders and describe the mechanisms for consultation and disclosure on safeguard

policies, with an emphasis on potentially affected people:

C. Disclosure Requirement

17. Please describe what document will disclosed, when (date) and where (website)

D. Approval Date

Prepared and submitted by:

Approved by:

ESP Director:

GP Director:

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Guidance of Environmental and Social Performance Datasheet Preparation

This note provide guidance to the GP Project/Investment proponent to understand how to

prepare the Environmental and Social Performance Datasheet.

The objectives of the ISDS are to:

Help the stakeholder/proponent and the GP team identify and address potential adverse environmental and social impacts of GP funded projects early in the project cycle

Help proponent plan for environmental and social performance measures to be integrated into project design

Serve as a media/document to inform the public on applicable ESP and mitigation measures in the project

A. Basic Information

1. Proponent Name is the name of proponent who submit the proposal 2. Brief overview of proponent is described the proponent basic information, expertise or

field of work and capacity. 3. Name of project to be funded under GP Project is name of the proposed project name. 4. Project Location, should describe in some detail the social and geographical context in

which the project will be implemented. Maps can be very useful and the task team is encouraged to have good maps developed (particularly at the appraisal-stage), showing socially and environmentally sensitive areas.

5. Estimated project duration is the estimation time of the project from planning until completion.

6. Estimated budget for project activity is total budget estimation for the proposed project. 7. Project Objectives are drawn from the objectives in proponent proposal. 8. Project activities are the proposed project activity. 9. IFC Performance Standard Trigger. The proponent should keep the whole set of IFC

Performance Standard policies in mind when filling out this section. In this section, the applicable policy should be checked. If sufficient details about the project are not known at the concept-stage, the proponent has the option to use the “to be determined (TBD)” check box. Describe a short explanation under each checked ESP policy.

10. Proponent capacity of ESP is describe on the basis of any past experiences with the proponent and any other available information.

11. ESP Specialist is the person in charge who will responsible the environmental and social aspect in the project proponent team.

12. Environmental category based on MCC environmental and social guidelines. Please refer to Tier1 and Tier 2 GP Project ESMS and IFC Performance Standard.

B. Environmental and Social Performance Issue and Management. This part will described more detailed the potential issues and impact from the project and the alternatives/mitigation to help avoid/minimize the adverse impact. Also describe what measure will be taken to address environmental and social issues and information of proponent capacity to plan and implement the measures described.

C. Disclosure Requirement. Describe the type of environmental and social documents will be

disclosed, such as EIA and EMP, LARAP and IP Plan, and when it will happen and where the documents will be uploaded.

D. Approval. The GP unit and ESP unit will check the accuracy of content and will approve when

all documents was appropriate.

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Appendix 8. Environmental and Social Performance Guidelines

for Indicative Green Prosperity Typology Projects. Content:

1 OFF-GRID MICROHYDRO

2 AGGREGATED MICROHYDRO

3 METHANE CAPTURE from PALM OIL MILL (POME)

4 GRID-TIED MINI HYDROPOWER

5 INTEGRATED LANDSCAPE MANAGEMENT

6 ON-GRID CONNECTION FOR ISLAND COMMUNITIES

7 CACAO INTENSIFICATION

8 COMMUNITY AGROFORESTRY

9 TRANSMISSION LINE - Associated with on-grid (commercial) renewable energy projects

List of Protected Areas (per Ministry of Environment Regulation No. 05 Year 2012 Regarding Planned Businesses/ Activities that Require an AMDAL)

69

SAFEGUARDS GUIDELINE FOR

OFF-GRID MICROHYDRO PROJECTS Run-of-river Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

1. Diversion / storage structure /pipe and intake works. 2. Feeder channel. 3. De-silting tank. 4. Power channel (and/or tunnel or pipe). 5. Forebay or balancing reservoir/ surge tank. 6. Spill channel/ by-pass arrangement. 7. Penstock and supports. 8. Powerhouse building. 9. Tail race channel. 10. Civil works for switchyard.

ASSOCIATED FACILITIES: Transmission line. See separate safeguards guideline for transmission line.

SCALE/SIZE: < 10 MW

LOCATION: Protected area.

Non-protected area.

Settlement area.

Non-settlement area.

ELECTRICITY UTILIZATION: Household use.

Home-industry processing of agricultural products or non-timber forest products.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required Additional approvals from Min. Forestry and/or Min. Public Works may be needed

ENVIRONMENTAL ASSESSMENT

AMDAL, if in protected area See list of protected area (Permen 5, 2012), which includes river banks/riparian area, and protected forests.

UKL/UPL for < 10 MW

Key issues22: Potential effects:

PRE-CONSTRUCTION &CONSTRUCTION PHASE

1. Infrastructure

Access to site– i.e. construction or widening of road to site.

Establishment of a reservoir or diversion (if applicable)

Land acquisition/use for powerhouse

Chance-find of cultural heritage sites.

Source of construction materials.

Landslide, erosion around reservoir or diversion

Economic displacement

Disturbance of natural habitats, including aquatic life (fish)

Landslides/erosion in quarries, burrow-pits or other source of construction materials

22 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

70

2. Environmental quality

Air quality

Dust particles and noise during construction

3. Health and safety of the public

Increased safety risks

OPERATION PHASE

1.Protection of watersheds

Increased deforestation can lead to increased water runoff during storms and flow variability.

2. Community water use

Downstream economic and household activities

Gender-specific impacts related to water use

Reduced flow

Change in access to water course

3.Social inclusion

Gender integration

Vulnerable groups

Indigenous people

Potential economic opportunities from availability of electricity to benefit women and vulnerable groups, indigenous people (if any at the site)

SUPPLEMENTARY MANAGEMENT PLANS

Catchment area management plan.

Stakeholder engagement plan

Micro-hydro management plan Community role and O&M strategy

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SAFEGUARDS GUIDELINE FOR

AGGREGATED MICROHYDRO PROJECTS Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

Multiple micro hydro power, each consisting of: 1. Diversion / storage structure /pipe and intake works. 2. Feeder channel. 3. De-silting tank. 4. Power channel (and/or tunnel or pipe). 5. Forebay or balancing reservoir/ surge tank. 6. Spill channel/ by-pass arrangement. 7. Penstock and supports. 8. Powerhouse building. 9. Tail race channel. 10. Civil works for switchyard.

ASSOCIATED FACILITIES& ACTIVITIES:

Transmission line. See separate safeguards guideline for transmission line. Catchment area protection

SCALE/SIZE: TBD (multiple sizes)

LOCATION: Protected area.

Non-protected area.

Settlement area.

Non-settlement area.

ELECTRICITY UTILIZATION: Household use.

Processing of agricultural products or non-timber forest products.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required Additional approvals from Min. Forestry and/or Min. Public Works may be needed

ENVIRONMENTAL ASSESSMENT

Recommend AMDAL for multiple micro hydro facilities. “Integrated AMDAL” can address potential cumulative impact on entire catchment area, as well as assess impact of other activities on the sustainability of the project.

Key issues23: Potential effects:

PRE-CONSTRUCTION &CONSTRUCTION PHASE

1. Infrastructure

Access to site– i.e. construction or widening of road to site.

Establishment of a reservoir or diversion (if applicable)

Land acquisition/use for powerhouse

Chance-find of cultural heritage sites.

Source of construction materials.

Landslide, erosion around reservoir or diversion

Economic displacement

Disturbance of natural habitats, including aquatic life (fish)

Landslides/erosion in quarries, burrow-pits or other source of construction materials

2. Environmental quality

Air quality

Dust particles and noise during construction

23 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

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3. Health and safety of the public

Increased safety risks

OPERATION PHASE

1.Protection of watersheds

Increased deforestation can lead to increased water runoff during storms and flow variability.

Ensuring adequate flow particularly important for multiple micro hydro plants (cumulative impact).

2. Community water use

Downstream economic and household activities

Gender-specific impacts related to water use

Reduced flow

Change in access to water course

3.Social inclusion

Gender integration

Vulnerable groups

Indigenous people

Potential economic opportunities from availability of electricity to benefit women and vulnerable groups, indigenous people (if any at the site)

SUPPLEMENTARY MANAGEMENT PLANS

Catchment area management plan.

Stakeholder engagement plan

Micro-hydro management plan Community role and O&M strategy

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SAFEGUARDS GUIDELINE FOR

METHANE CAPTURE from PALM OIL MILL EFFLUENT (POME) On-grid power generation Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

1. Anaerobic digester/ reactor 2. Scrubber/ Gas cleanup room 3. Generation unit (gas engine)/ power house.

ASSOCIATED FACILITIES: Transmission line (see separate safeguards guideline for transmission line environmental and social safeguards)

SCALE/SIZE: < 10 MW

LOCATION: Palm oil mill land

Settlement area

ELECTRICITY UTILIZATION: Sale to PLN grid.

Supply local communities with cheaper electricity.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required.

ENVIRONMENTAL ASSESSMENT

AMDAL, if larger than 10 MW

UKL/UPL, if equal to or less than 10 MW

Key issues24: Potential effects:

PRE-CONSTRUCTION &CONSTRUCTION PHASE

1. Infrastructure

Access to site– i.e. construction or widening of road to site.

Land use for additional facilities (if appropriate).

Chance-find of cultural heritage sites.

Source of construction materials.

Economic displacement

Landslides/erosion in quarries, burrow-pits or other source of construction materials

2. Environmental quality

Construction waste and domestic waste from workers

Air quality

Dust particles during construction and earth moving

Removal and disposal of construction waste

3.Temporary in-migration

People seeking work or other opportunities related to the project construction.

Worker’s camp

Land use

Pressure on natural resources and public facilities

Domestic liquid and solid waste

4. Health and safety of the public and construction workers.

Increased safety risks

OPERATION PHASE

24 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

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1. GHG emission reduction

Positive benefits from net GHG emission reduction

2.Social inclusion

Gender integration

Vulnerable groups

Indigenous people

Potential economic opportunities from availability of electricity to benefit women and vulnerable groups, indigenous people

SUPPLEMENTARY MANAGEMENT PLANS

Stakeholder engagement plan

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SAFEGUARDS GUIDELINE FOR

GRID-TIED MINIHYDROPOWER Run-of-river or diversion Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

Multiple micro hydro power, each consisting of: 1. Diversion / storage structure /pipe and intake works. 2. Feeder channel. 3. De-silting tank. 4. Power channel (and/or tunnel or pipe). 5. Forebay or balancing reservoir/ surge tank. 6. Spill channel/ by-pass arrangement. 7. Penstock and supports. 8. Powerhouse building. 9. Tail race channel. 10. Civil works for switchyard.

ASSOCIATED FACILITIES& ACTIVITIES:

Transmission line. See separate safeguards guideline for transmission line. Catchment area protection

SCALE/SIZE: < 10 MW

LOCATION: Protected area.

Non-protected area.

Settlement area.

Non-settlement area.

ELECTRICITY UTILIZATION: Rural electrification

Income generating activities

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required Additional approvals from Min. Forestry and/or Min. Public Works may be needed

ENVIRONMENTAL ASSESSMENT

AMDAL, if in protected area See list of protected area (Permen 5, 2012), which includes river banks/riparian area, and protected forests.

UKL/UPL for < 10 MW

Key issues25: Potential effects:

PRE-CONSTRUCTION &CONSTRUCTION PHASE

1. Infrastructure

Access to site– i.e. construction or widening of road to site.

Establishment of a reservoir or diversion (if applicable)

Land acquisition/use for powerhouse

Chance-find of cultural heritage sites.

Source of construction materials.

Landslide, erosion around reservoir or diversion

Economic displacement

Disturbance of natural habitats, including aquatic life (fish)

Landslides/erosion in quarries, burrow-pits or other source of construction materials

25 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

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2. Environmental quality

Air quality

Dust particles and noise during construction

3. Health and safety of the public

Increased safety risks

OPERATION PHASE

1.Protection of watersheds

Increased deforestation can lead to increased water runoff during storms and flow variability.

2. Community water use

Downstream economic and household activities

Gender-specific impacts related to water use

Reduced flow

Change in access to water course

3.Social inclusion

Gender integration

Vulnerable groups

Indigenous people

Potential economic opportunities from availability of electricity to benefit women and vulnerable groups, indigenous people (if any at the site)

SUPPLEMENTARY MANAGEMENT PLANS

Catchment area management plan.

Stakeholder engagement plan

Mini-hydro management plan Community role and O&M strategy

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SAFEGUARDS GUIDELINE FOR

INTEGRATED LANDSCAPE MANAGEMENT PROJECT (Based on Berbak Pre-Feasibility Study) Applicable for projects with the following characteristics:

Main Activity: Peatland (canal) management and reforestation. Additional Activities: small scale aquaculture, hybrid solar PV-diesel electricity systems, and/or other small scale natural resource management.

KEY PROJECT COMPONENTS of MAIN ACTIVITY:

Peatland (Canal) management 1. Construction of dam(s).

2. Drainage canals.

3. Rehabilitation of surrounding vegetation.

4. Intensified rice cultivation.

Reforestation of peatlands

1. Detailed survey of degradation

2. Establishment of nurseries

3. Detailed instruction on proper site preparation

4. Planting, maintenance

5. Training on harvesting techniques

6. Paludiculture trials for potential income generation

ASSOCIATED FACILITIES: Hybrid solar photovoltaic (PV)-diesel electricity system (< 1MW each) 1. Solar PV modules. 2. Central Inverter. 3. Production Meter. 4. Net Meter. 5. Main distribution Panel. 6. Controller. 7. Grid structure to local recipients. 8. PV site. 9. Diesel generator. 10. Batteries for excess power storage. 11. Mini grid.

SCALE/SIZE: TBD

LOCATION: Protected area.

Non-protected area.

ELECTRICITY UTILIZATION: Increase local income generation by providing new business and production opportunities as well as extracurricular activities.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required.

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ENVIRONMENTAL ASSESSMENT

AMDAL for Integrated Project is recommended. The need for AMDAL is governed by activities planned in a protected area (peatland)26. Main and additional activities to be addressed in an integrative manner in the Environmental Management and Monitoring Plans.

Key issues of Main Activities27: Potential effects:

PRE-CONSTRUCTION & CONSTRUCTION PHASE

1. Infrastructure

Construction of canals.

Construction of dams to improve hydrology of the peat swamp

Source of construction materials (including compacted peat)

Economic displacement

Hydrological changes (positive)

Landslides/erosion in quarries, burrow-pits or other source of construction materials

2. Environmental quality

Construction waste and domestic waste from workers

Air quality

Dust particles during construction and earth moving

Removal and disposal of construction waste

3.Temporary in-migration

People seeking work or other opportunities related to the project construction.

Worker’s camp

Land use

Pressure on natural resources and public facilities

Domestic liquid and solid waste

4. Health and safety of the public and construction workers.

Increased safety risks

OPERATION PHASE

1. Potential for GHG Emission Reduction Rehabilitation of peatland hydrology is expected to reduce GHG emission.

Net positive benefit

2. Canals System Maintenance

Hydrological system maintenance

Peat fire prevention & control

Peat fire risk if canal system not maintained

3.Increased Agricultural and Aquaculture Productivity

Use of fertilizer and pesticide

Hydrological system maintenance

Potential water pollution from excessive use of fertilizer

Health hazard from prolonged use of pesticide

4.Social inclusion

Gender

Vulnerable groups

Indigenous people

Potential economic opportunities from availability of electricity to benefit women and vulnerable groups, indigenous people.

26 See attached list of areas considered as conservation areas (by Permen LH No. 5 Year 2012). It defines peatland as conservation area (kawasan lindung). 27 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

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SUPPLEMENTARY MANAGEMENT PLANS

Stakeholder engagement plan Project activities (including aquaculture and agricultural intensification) to involve different ethnic groups and vulnerable groups, and ensure engagement of women.

Power system O&M strategy Includes community role in O&M, management of waste (spent battery, etc.).

Compensation plan (where applicable)

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SAFEGUARDS GUIDELINE FOR

ON-GRID CONNECTION FOR ISLAND COMMUNITIES (Based on Scenario 6 in the Karampuang Pre-Feasibility Study) Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

1. Submarine cable to mainland 2. Assumes transmission to consumers and distribution infrastructure are

responsibility of PLN (not project sponsor)

ASSOCIATED FACILITIES: Transmission line. See separate safeguards guideline for transmission line

SCALE/SIZE:

LOCATION: Protected area.

Non-protected area.

Settlement area.

Non-settlement area.

ELECTRICITY UTILIZATION: Supply local communities with cheaper subsidized electricity.

Increase local business and production as well as extracurricular activities.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required.

ENVIRONMENTAL ASSESSMENT

AMDAL, for submarine cable is > 150 kV (Refer to Permen LH No. 5, 2012)

UKL/UPL, if submarine cable < 150 kV (to be confirmed)

Key issues28: Potential effects:

PRE-CONSTRUCTION AND CONSTRUCTION PHASE

1. Submarine Cable

Selection of location

Laying of cable, machinery and support installations

Seabed disturbance

Disturbance of ship/boat lanes

Economic displacement (disturbance of marine resource access by traditional fishermen)

Disturbance of coral reefs and other natural habitats

OPERATION PHASE

1. O&M of Submarine Cable

Disturbance of ship/boat lanes

Economic displacement (disturbance of marine resource access by traditional fishermen)

SUPPLEMENTARY MANAGEMENT PLANS

Stakeholder engagement plan

Compensation plan (where applicable)

28 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

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SAFEGUARDS GUIDELINE FOR

CACAO INTENSIFICATION Farmer field schools (FFS) and cocoa development centers (CDC) Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

1. Training in good agricultural practices 2. Cocoa development centers (CDC) 3. Farmer field Schools (FFS) 4. Cocoa doctors (local smallholders with CDC training who excelled in the initial FFS)

SCALE/SIZE: Small scale farmers

LOCATION: Small scale farm land

UTILIZATION: FFS to teach interventions, such as: pruning, replacing aging trees with quality seedlings, grafting, sanitation, fertilizer and pesticides.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Not required.

ENVIRONMENTAL & SOCIAL PERFORMANCE

Project activities are not expected to cause negative environmental or social impacts. However, the project may, in the long-term, generate indirect (secondary or tertiary) and cumulative impacts due to changes in farmer’s cocoa cultivation practices. Although no environmental assessment is required, project sponsors are required to monitor and provide additional guidance to the farmers regarding use of fertilizer and pesticides, and regarding possible expansion of cocoa cultivation when interventions are successful. Below are issues project sponsors must be aware of in designing the training programs:

Key issues:

Potential effects:

1. Chemical fertilizer and pesticides

Choice of products

Storage and handling

Proper application and dosage

Long-term use of chemical fertilizer and pesticide

Pesticides not on the prohibited list of GoI and USG

Health and safety related to storage and handling

Water pollution due to excessive use of fertilizer

Long-term health hazards due to consistent use of fertilizer and pesticide.

2. Expansion of Cocoa Cultivation

Clearing of forest for expansion of cocoa

planting

Encroachment into protected forests or other protected areas.

Land-use change

Disturbance of ecosystem services, natural habitats

3.Social inclusion

Gender

Vulnerable groups

Indigenous people

Ensure participation of women, ethnic and religious groups, cacao day laborers, and any other marginalized groups in the training programs.

SUPPLEMENTARY MANAGEMENT PLANS

N/A

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SAFEGUARDS GUIDELINE FOR

COMMUNITY AGROFORESTRY PROJECT Applicable for projects with the following characteristics:

PROJECT COMPONENTS: 1. Community engagement through participatory action research and planning 2. Selective crop shifting from current crops to intercropped timber plantations 3. Establishment of an equitable payment structure 4. Sustainable land use through appropriate harvesting techniques.

ASSOCIATED FACILITIES: N/A

LOCATION: Protected area.

Non-protected area.

ENVIRONMENTAL & SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Not Required. No planned construction of physical facilities, or change in landscape or land-use.

ENVIRONMENTAL & SOCIAL PERFORMANCE

Project activities are not expected to cause negative environmental or social impacts. Although no environmental assessment is required, project sponsors are required to ensure social inclusion in the projects, and monitor any medium-term impacts due to changes in the crop selection and harvesting patterns. Below are issues project sponsors must be aware of:

Key issues: Potential effects:

1.Social inclusion

Gender

Vulnerable groups

Indigenous people

Equal opportunity for involvement of women, indigenous groups (where applicable) and other vulnerable groups

2. Expansion into protected areas

Possible encroachment into protected forests or other protected areas.

Land-use change

Disturbance of ecosystem services, natural habitats

SUPPLEMENTARY MANAGEMENT PLANS

Stakeholder engagement plan

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SAFEGUARDS GUIDELINE FOR

TRANSMISSION LINE Associated with on-grid (commercial) renewable energy projects – For potential IPP financed by GP Applicable for projects with the following characteristics:

TYPICAL PROJECT COMPONENTS:

Physical components:

Towers/ Poles

Power lines (voltage?) to nearest PLN transmission line.

ASSOCIATED FACILITIES: Possibly:

Conductors

Circuits, stations and transformer yards.

SCALE/SIZE: Length of power lines

Voltage of power lines

Distance between towers/poles, size of footprint for each tower/pole

LOCATION: Protected areas (?)

Settlement area (?)

Cultivation area (agricultural fields, Agroforestry areas)

ENVIRONMENTAL AND SOCIAL SAFEGUARDS

ENVIRONMENTAL PERMIT

Required In addition, may require Ijin Pinjam Pakai from Ministry of Forestry (if anticipate use of forest areas)

Standard information required

Line voltage

Total length of line in km

Minimum height of conductors over ground level

Width of the right of way in meters

Source& destination of power

Number and types of towers/poles

Height of towers/ poles

Number of circuits, stations and transformer yards

Points of interconnection

ENVIRONMENTAL ASSESSMENT

AMDAL, if sell to PLN’s> 150 kV, until 500 kV. (Refer to Permen LH No. 5, 2012)

UKL/UPL, if sell to PLN’s 150 kV (or less) (to be confirmed)

Key issues29: Potential effects:

PRE-CONSTRUCTION &CONSTRUCTION PHASE

1. Infrastructure

Land acquisition/ siting

Construction of towers/ poles

Access to site– i.e. construction or widening of road to site.

Chance-find of cultural heritage sites.

Facilities to support construction (roads, garages, storage areas and camps).

Social impacts related to land acquisition and economic displacement

Disturbance of natural habitats

Disturbance of cultural heritage sites.

Soil degradation (compaction, gullying, erosion).

29 The following Key Issues illustrate major issues to be addressed in environmental assessments or other supporting studies. The list of Key Issues should not be regarded as comprehensive. The issues to be addressed in any environment assessment must be tailor-made to the specific characteristics of the location and the planned project activities.

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2. Environmental quality

Air quality (noise, dust)

Construction waste and domestic waste from workers

Dust particles due to construction and earth moving

Removal and disposal of construction waste

Disposal of domestic waste

3.Temporary in-migration

People seeking work or other opportunities related to the project construction.

Worker’s camp

Land use

Pressure on natural resources and public facilities

Domestic liquid and solid waste

Socio-cultural discord

4. Health and safety of the public and construction workers

Increased safety risks

OPERATION PHASE

1. Health and safety of the public Social acceptance of potential exposure to electromagnetic fields

Increased safety risks

SUPPLEMENTARY MANAGEMENT PLANS

Stakeholder engagement plan

Compensation plan (if necessary)

Resettlement action plan - RAP (If applicable)

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LIST OF AREAS CONSIDERED ‘PROTECTED AREAS’ (KAWASAN LINDUNG) (Source: Appendix III, Ministry of Environment Regulation No. 05 Year 2012 Regarding Planned Businesses/ Activities that Require an AMDAL) 1. protected forest (kawasan hutan lindung); 2. peatland (kawasan bergambut); 3. catchment area (kawasan resapan air); 4. coastal area (sempadan pantai); 5. river bank/riparian area (sempadan sungai); 6. area surrounding lakes or dams(kawasan sekitar danau atau waduk); 7. game reserve and marine game reserve (suaka margasatwa dan suaka margasatwa laut); 8. nature reserves and marine nature reserves (cagar alam dan cagar alam laut); 9. coastal zones with mangrove forest (kawasan pantai berhutan bakau); 10. national part and marine national park (taman nasional dan taman nasional laut); 11. forest park (taman hutan raya); 12. ecotourism park and marine ecotourism park (taman wisata alam dan taman wisata alam laut); 13. cultural and science park (kawasan cagar budaya dan ilmu pengetahuan); 14. geologic park (kawasan cagar alam geologi) ; 15. groundwater recharge area (kawasan imbuhan air tanah); 16. spring buffer zone (sempadan mata air); 17. germ plasma protection area (kawasan perlindungan plasma nutfah); 18. wildlife refuge area (kawasan pengungsian satwa); 19. coral reef (terumbu karang); dan 20. protected wildlife and marine biota corridor (kawasan koridor bagi jenis satwa atau biota laut yang

dilindungi).

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Appendix 9. Environmental Impact Assessment Requirements

based on Minister of Environment Decree No. 5

year 2012 in combination with IFC PS Measures:

Proposed Business/activities and Supporting

Activities

INCLUDED in Appendix I

NOT INCLUDED in Appendix I

Are the test locations of Proposed Business and/or Activities within and/or directly adjacent to Protected

Areas?

Use the list of Protected Areas in Annex III (Protected Areas shall be

determined in accordance with Indonesian laws and regulations)

Use the Criteria of locations directly adjacent to

protected areas (Article 3 Paragraph (3))

NOT WITHIN and/or directly adjacent to

Protected Areas

WITHIN and/or directly adjacent to

Protected Areas

Use Exception Criteria of type of Business and/or Activities that need EIA for those locations within

and/or directly adjacent to Protected Areas

INCLUDED in the Exception Criteria of Article 3 Paragraph

(4)

NOT INCLUDED in the Exception

Criteria of Article 3 Paragraph (4)

Required to have AMDAL

Required to have UKL-

UPL or SPPL

Note:AMDAL refers to Environmental Impact AssessmentUKL-UPL refers to Environmental Management Efforts-Environmental Monitoring EffortsSPPL refers to Environmental Management Statement

For On-going Projects and Activities

Environmental and Social Due DiligenceAnd/or

Environmental & Social AuditAnd/or

Environmental & Social Gap AnalysisAnd/or

Social Gender Integration Plan (SGIP)

Supplementary StudiesStakeholders Engagement Plan (SEP)

And/orPublic Consultation & Disclosure Plan (PCDP)

And/orCultural Heritage Plan (CHP)

And/orIndigenous People Plan (IPP)

And/orGrievance Mechanism (GM)

And/orHealth & Safety

And/orLand Acquisition & Resettlement Action Plan

(LARAP/SRAP)

IFC Performance Standard Measures

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Appendix 10. Public Consultation and Disclosure Guidance

Pillars Action Remarks

Identify and Mapping Project Stakeholder

Listing and verify relevant group, organization and people which directly or indirectly affected by the project.

This activity can be started from the boundary areas directly affected by the project or facilities that does not support/directly affected by the project. This information can be obtained through discussions with local government, NGOs and other related parties.

Understanding stakeholder perspectives and relevance.

Understanding the interests of each stakeholder and their influence to the project.

Prioritize stakeholder’s relevance and identifying issues.

Ensure the level of involvement of each stakeholder. 4W+1Hprinciples are important to be applied.

Refer to past stakeholder information

It is important to use the existing stakeholder groups and its information. It will help the process of mapping and identification of the project stakeholders.

Open Dialogue and Engagement during Project Design, Implementation and Evaluation

Plan the process Stakeholder Engagement Plan is necessary to develop.

Using basic principles for consultation

The good consultation process will be: targeted affected peoples, early scope key issues; informed relevant information, meaningful: readily understandable format and culturally appropriate; two-way interaction; gender-inclusive; indigenous and vulnerable people involvement; localized to reflect appropriate timeframe, context and local language; free from manipulation/coercion; documented; reported back; and follow-up

Incorporate feedback Clear feedback during consultation process to addressed the issues related with project design, proposed mitigation measures, development benefit and opportunities.

Document the process and result of consultation

Documenting consultation activities and their outcomes is critical to effectively managing the stakeholder engagement process. When and where did such meetings take place? With whom? Around what topics and themes? And with what results? If commitments to stakeholders have been made during or as a result of these consultations, these too need to be documented.

Report back and follow-up the result

It is both good practice and common courtesy to follow up with stakeholders whom you consulted, to let them know what has happened and what next steps in the process will be.

Consultation with Indigenous People

Pre-consult where possible Determine the issues for consultation in advance of the consultation process. Guidance question: who are the affected? Who are the appropriate representatives? What are the key issues for consultation? What mean and format for consultation? What is the likely timeframe for consultation? Does the government have any obligation to consult under law? What the government role? What steps need to be taken to ensure the process is free, prior and informed?

Identify appropriate representatives

Careful identification of indigenous peoples’ representative is an essential part of the preparation for the consultation process. Guidance question: who are the elected officials

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Pillars Action Remarks of the territorial jurisdiction impact by the project/measure? To what extent do these authorities adequately leaders IP? Who are the traditional leaders of the IP? Are there has the representatives of all group in IP communities (women, youth and elderly)?

Identify issues for consultation Pre-consulting with indigenous peoples’ representatives and other institutions or organizations that work with them can provide insights as to the subjects that tend to be particularly important for indigenous peoples during the consultation process. These may include: clear timetable; potential adverse impact on IP; clear method and criteria for identify the IP; address adverse impact and participation; access to IP lands for environmental and social assessment; identify and protect of cultural sensitive site; influx of outside workers; benefit for IP; capacity building.

Give special care to cultural appropriateness

To help promote the informed participation of indigenous communities, special care should be given to the form and manner in which information is communicated.

Share responsibilities with government for disclosure and consultation

The government may be required to engage with IP prior to the involvement others stakeholders.

Gender Consideration in Consultation

Get the full picture Good practice encourages seeking out the views of women, because they provide project with a more complete picture of potential risks, impacts, and opportunities relating to their project. Women’s views should also be sought out when designing employment, compensation, and benefits programs, as these may require special targeting in order to facilitate more equitable distribution.

Disaggregate your data Collect a good deal of information from affected communities and other stakeholders. To allow this data to better serve you in terms of understanding gender differences related to your project, it should be disaggregated by gender.

Team composition and emphasis

Having female representative during consultations targeted at women can also be helpful and create a channel for communication and relationship-building between local women and the project.

Get more women in the room The key to getting more women in the room is to make meetings more accessible and convenient. For example: choose a time of day, date, and location convenient for women; and ask networks with pre- dominantly female membership to encourage their members to participate.

Use active facilitation Women’s participation can be facilitated in public meetings or workshops through a number of different techniques, such as increasing the amount of time spent in smaller groups; having some group-work that is single sex, etc.

Hold separate meeting Since in many cultures women’s voices are often not effectively present or heard in traditional meetings or workshops, it may be necessary to take special steps to create a venue in which

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Pillars Action Remarks women’s own issues and concerns can be raised.

Raise priority issues for women Active intervention may be required to identify issues that are important to women and to make sure they are given equal weight. This includes getting such issues onto the meeting agenda, raising them in group discussions, and including them in survey questionnaires.

Remember: women not homogenous groups.

It is helpful to keep in mind when trying to engage women that they are not a homogenous group. All women will not necessarily have the same interests or priorities

Capacity Building for Project Stakeholders

Provide training and workshop for related stakeholder

Training programs to project-affected stakeholder to acquire the technical skills related with project is necessary to increase their capacity.

Cross visit to related project Cross visit with other project or location is necessary for share and exchange the experience.

Information Disclosure

Transparent Good practice involves taking steps to increase transparency and accountability as a means of promoting understanding about your project and engendering public trust.

Apply good practice principles Good practice principles: Disclose early; disclose objective information; design disclosure to support consultation; provide meaningful information; ensure the accessibility of information.

Weigh the risk and benefits There will be situations in which disclosing certain types of information at sensitive stages in the project cycle might entail risks. Such factors will need to be considered in deciding what to disclose and when. Other reasons for non-disclosure might include: commercial confidentialities and proprietary information, information of a personal privacy, safety, or individual security nature; or situations where releasing information very early in the development of a project might unnecessarily raise public expectations, cause speculative behavior, or create unnecessary fears.

Manage information on sensitive and controversial issues

There are certain stakeholder issues, such as land acquisition and resettlement for example, that may be particularly sensitive and thus carry risks to the project if information about them is not communicated and managed effectively. In these cases it may be better to release information about the issue at the same time as conducting face-to-face consultations.

Grievance Mechanism Process is important For affected communities and other stakeholder groups seeking to have their complaints resolved, the perception of transparency and “fairness of process” is important.

Scale the mechanism to project needs

Grievance mechanisms should be designed to fit the context and needs of a particular project. Smaller projects with relatively straight- forward issues might have simpler means of addressing complaints, such as through community meetings, community liaison personnel and suggestion boxes allowing for anonymity. Larger, more complex projects will likely need a more formalized process and mechanism, And a higher level of dedicated resources for

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Pillars Action Remarks receiving, recording, tracking, and resolving complaints.

Put in writing and publicize A policy or process for addressing complaints cannot be effective if nobody knows about it. The grievance procedures should be put into writing, publicized, and explained to relevant stakeholder groups.

Bring in third parties where needed

The project can facilitate this by providing project- related information in a timely and understandable manner. In cases where significant imbalances in knowledge, power, and influence. The project may wish to reach out to other partners to assist in the process. In terms of advocacy, an NGO might be brought in to assist local communities and advocate on their behalf.

Make it accessible Projects that make it easy for people to raise concerns and feel confident that these will be heard and acted upon can reap the benefits of both a good reputation and better community relations.

Response time and transparency matter

It is good practice for the project to publicly commit to a certain time frame in which all recorded complaints will be responded to (be it 48 hours, one week or 30 days) and to ensure this response time is enforced. This helps allay frustration by letting people know when they can expect to be contacted by project personnel and/or receive a response to their complaint.

Keep good record and report back

Whether it is simply keeping a log book (in the case of small projects) or maintaining a more sophisticated database (for bigger projects with more serious impacts), keeping a written record of all com- plaints is critical for effective grievance management.

Don’t impede access to legal remedies

If the project is unable to resolve a complaint, it may be appropriate to enable complainants to have recourse to external experts. These may include public defenders, legal advisors, legal NGOs, or university staff.

References:

Stakeholder Engagement: A Good Practice handbook for Companies Doing Business in Emerging Markets, IFC, 2007.

Community Planning Toolkit: Community Engagement, BIG Lottery fund, 2014

70

70 70 Appendix11a. Land Acquisition and Resettlement Policy

Framework (LARPF)

1. Introduction

This document constitutes the policy framework for land acquisition, process framework for

access restriction, and compensation/assistance for Project Affected Persons (PAP) for Green

Prosperity Project (GP Project). Millennium Challenge Account Indonesia (MCA-I) has agreed to

apply IFC Performance Standard 5 and World Bank (O.P. 4.12) about environmental and social

safeguard policies in the design and implementation of this program. Because this program

identifies activities/Specific-projects during the implementation phase, it is impossible to

determine the involvement of land acquisition that will probably needs resettlement plan during

project preparation.

This framework establishes principles and procedures to be followed if activities undertaken

during the GP Projects implementation causes land acquisition (including land donation) and/or

access restriction. In such instances, the framework requires that a Land Acquisition and

Resettlement Action Plan (LARAP) is prepared for Specific-projects causing land acquisitions well

as plan of action for access restriction. The purpose of these action plans are to ensure that any

potential impacts are minimized, and that any Persons affected by such impacts are provided

ample opportunity, through provision of compensation or other forms of assistance, to improve

or at least restore their incomes and living standards.

2. Policy Objectives and Key Definitions

Every reasonable effort will be made to avoid or minimize the need for land acquisition, and to

minimize all adverse impacts. If land acquisition and associated adverse impacts cannot be

avoided, the principle objective of the LARPF is to ensure that all Persons subjected to adverse

impacts (“Project Affected Persons” as defined below) are compensated at replacement cost (as

defined below) for lost land and other assets or lost to productive assets and otherwise provided

with any rehabilitation measures or other forms of assistance necessary to provide them with

sufficient opportunity to improve, or at least restore, their incomes and living standards.

The process framework to mitigate the impacts of access restriction which is also part of this

LARPF will ensure that project activities by: i) avoiding any unnecessary restriction of access to

natural resources that will adversely affect local communities; ii) ensuring adequate participation

and consultation of the affected population in the overall project; iii) ensuring that restriction on

access to resources, and mitigation measures put in place as a result, are determined with the

participation of the affected parties.

Key definitions are as follows:

1. Project Affected Persons (PAP) refers to all of the people who, on account of the project

related activities, would have their (i) standard of living adversely affected; or (ii) right,

title, interest in any house, land (including premises, agricultural and grazing land) or

71

any other fixed or movable asset acquired or possessed temporarily or permanently; (iii)

access to productive assets adversely affected, temporarily or permanently; or (iv)

business, occupation, work or place of residence or habitat adversely affected; and

“Project Affected person” means any of the Project Affected Persons.

2. Land acquisition is the process whereby a person involuntary loses ownership, use of,

or access to, land as a result of the project. Land acquisition can lead to a range of

associated impacts, including loss of residence or other fixed assets (fences, wells,

tombs, or other structures or improvements that are attached to the land).

3. Rehabilitation is the process by which Project Affected Persons are provided sufficient

opportunity to restore productivity, incomes and living standards. Compensation for

assets often is not sufficient to achieve full rehabilitation.

4. Replacement cost is the method of valuation of assets which determines the amount of

compensation sufficient to replace lost assets, including any necessary transaction costs.

Replacement cost shall normally be assessed by independent appraisal

team/institutions, properly constituted in accordance with Indonesian Law and applying

the appropriate rules for valuation. Where domestic law does not meet the standard of

compensation at full replacement cost, compensation under domestic law is

supplemented by additional as to meet the replacement cost standard.

3. Key Principles

Wherever possible, Specific-project designs should be conceived as development

opportunities, so that PAP may benefit from the services and facilities created for, or by,

Specific-project activities.

All PAP are entitled to compensation for lost assets or loss of access to productive asset,

or loss of access to natural resources designated as restriction area, or to alternative but

equivalent forms of assistance in lieu of compensation; to ensure that they will not be

worse-off due to the Specific-project implementation. Compensation rates as established

in a LARAP refer to amounts to be paid in full to the individual or collective owner of the

lost asset, without depreciation or deduction for taxes, fees or any other purpose.

Compensation scheme, including alternative income generation for restoring the PAP’s

livelihood will also apply to the lost or restriction of access to productive assets.

Value of assets to be compensated will be assessed by independent appraisal

team/institution as required in national regulation (UU No. 2/2012 on Land Acquisition

for Development of Public Interest). Valuation methods need to reflect use of

replacement cost.

When cultivated land is acquired, effort should be made to provide land-for land

replacement. Replacement house plots, sites for relocating businesses, or replacement

agricultural land should be of equivalent use value to the land that was lost.

72

PAP should be consulted during the process of LARAP and action plan for access

restriction preparation, so that their preferences are solicited and considered. The action

plans are publicly disclosed in a manner accessible to PAP.

Methods by which PAP can pursue grievances will be established, and information about

grievance procedures will be provided to PAP.

4. Preparing Land Acquisition and Resettlement Action Plan (LARAP) and Action Plan for

Access Restriction

Land Acquisition

The GP Projects will finance four main activities, namely Participatory Land-Use Planning,

Technical Assistance and Oversight, GP Facility, and Green Knowledge. The potential investment

in GP Project, inter alia: a). administrative boundary setting; the updating and integration of land

use intervention; and enhancing spatial plans at the district and provincial level; b). Provision of

technical assistance and project oversight to help eligible districts and project sponsors and

community groups identify and develop potential investments in sustainable, low-carbon

economic growth and prepare funding applications to be submitted to the Green Prosperity

Facility; c). financing facility that will provide grant financing for low-carbon development projects

to support investments in two thematic areas: renewable energy and natural resources

management. d). Provision of technical assistance and support for strengthening local, provincial

and national capacity to drive forward Indonesia’s nation-wide low-carbon development strategy

within the context of the GP Project, including assistance to develop and improve related centers

of excellence in science and technology in Indonesia.

The project implementation unit/proponent (PIU) will screen and pre-identify the scale of impact

of the land acquisition, based on estimated number of affected people and size of land to be

taken. Based on the IFC and WB policy, there are two main resettlement planning instruments for

project impacts, namely Land Acquisition and Resettlement Action Plan (LARAP) and Abbreviated

LARAP.

Land Acquisition and Resettlement Action Plan (LARAP) is required when land acquisition

affects more than 200 people, takes more than 10% of household productive assets and/or

involves physical relocation.

Abbreviated LARAP is acceptable if fewer than 200 persons are affected but land acquisition

is minor, less than 10% of all productive assets of the affected households are taken.

The project has indicated and negative listed that no large-scale infrastructure which will lead to

the large-scale land acquisition/resettlement will be financed. No LARAP is anticipated in any

Specific-projects to be financed. The Specific-projects will only involve small-scale infrastructures

with limited land acquisition, which will only need Abbreviated LARAP or will acquire through land

donation. For this project purpose, the term LARAP will be used instead Abbreviated LARAP. (See

Appendix3.1 for Outline of Abbreviated LARAP and Appendix 3.3 for sample of Statement Letter of Land

Donation).

73

Access Restriction

Any access restrictions that may result from GP Projects activities for specific uses, and thus

prohibiting activity in sensitive areas trigger the policy on involuntary resettlement, which then

need a development of process framework. During implementation, an action plan for access

restriction will be developed together with the affected communities to describe the agreed

restrictions, management schemes, measures to assist affected persons and the arrangements

for their implementation. The action plan can take many forms. It can simply describe the

restrictions agreed to, persons affected, measure to mitigate impacts from these restriction, and

monitoring and evaluation arrangement. (See Appendix 3.2 for Outline for Action Plan for Access

Restriction).

All action plans must be reviewed and approved by GP Director prior to activities/Specific-projects

final approval and must be disclosed locally in a manner accessible to PAP, and kept on file by GP

unit. Each LARAP and Action Plan for Access Restriction should be reviewed and approved by the

MCA-I through GP Director before being implemented.

5. Public Consultation and Disclosure

The PIU shall disclose information about the project and land acquisition process to the PAPs and

the village leader explaining the proposal, potential impacts and legal rights of the PAP under this

framework.

PAP should be provided with opportunities to participate in planning and implementation of any

activities that will affect them adversely or positively. All PAPs are to be informed regarding

potential impacts and proposed mitigation measures, including compensation/assistance

schemes.

The PIU will ensure that women will be involved in any consultation process. In case of under-

representation or where needed, separate meetings with marginalized households, including

women shall be organized so that their specific concerns can be discussed. Consultations will be

undertaken at venues and times that are suitable for women and will not disadvantage them.

Where it is inconvenient for women to attend the meeting, these women will be consulted by

visiting their homes.

The documents of action plans should be available in Bahasa Indonesia, taking into account

literacy levels, and will be disclosed at places accessible to the PAP, in particular to ensure that

the PAP understands their entitlements. The document will also be disclosed at the project

website at MCA-I website and GP Portal.

6. Eligibility and Entitlement Policy

Land Acquisition

All PAPs are eligible for compensation and/or other forms of assistance, as relevant to the nature

of impacts affecting them

Specifically, PAP will be entitled to the following types of compensation and rehabilitation

measures:

74

PAP losing agricultural land:

- The preferred mechanism for compensation of lost agricultural land will be through

provision of replacement land of equal productive capacity and satisfactory to the

PAP. If satisfactory replacement land cannot be identified, compensation at

replacement cost may be provided.

- PAP will be compensated for the loss of standing crops at market prices, for economic

trees at net present value, and for other fixed assets (ancillary structures, wells,

fences, irrigation improvements) at replacement cost.

- Compensation will be paid for temporary use of land, at a rate tied to duration of

use, and the land or other assets will be restored to prior use conditions at no cost

to the owner or user.

PAP losing residential land and structures

- Loss of residential land and structures will be compensated either in-kind (through

replacement of house site and garden area of equivalent size, satisfactory to the PAP)

or in-cash compensation at replacement cost.

- If after partial land acquisition the remaining residential land is not sufficient to

rebuild or restore a house of other structures of equivalent size or value, then at the

request of the PAP the entire residential land and structure will be acquired at

replacement cost.

- Compensation will be paid at replacement cost for fixed assets.

- Tenants, who have leased a house for residential purposes will be provided with a

cash grant of three month’s rental fee at the prevailing market rate in the area and

will be assisted in identifying alternative accommodation.

Project Affected Persons losing business

- Provision of alternative business site of equal size and accessibility to customers,

satisfactory to the pproject affected business operator;

- Cash compensation for lost business structures; and

- Transitional support for loss of income (including employee wages) during the

transition period;

- Transitional support for loss of income

Infrastructure and access to services

Infrastructure will be restored or replaced at no cost to the communities affected

No deduction for taxes and transaction administrative cost for compulsory land acquisition. For

negotiated land acquisition where there is a willing seller and a willing buyer, no administrative

cost will be deducted and tax obligations will be covered by the negotiated transaction.

75

Access Restriction

To offset any lost revenue that might result in the near term from the access restrictions, as well

as from the introduction of natural resources management practices, including bringing overall

activity effort in line with environmental carrying capacity, the Project will support an alternative

livelihoods program.. The Project will facilitate access by affected people to such programs. Other

options of compensation will also be considered upon consultation with the affected people. For

example, through a participatory process community members will ensure that revenue streams

from any access restrictions are fully and sustainably mitigated. If communities choose to engage

and endorse access restrictions, it is anticipated that losses will be compensated by one or more

available alternatives such as: sharing any chain of revenues from the natural resources, gaining

wages from employment in the protected area and related activities, value addition and sale of

non-timber forest products, including alternative livelihood development activities identified

during the participatory process.

These in line with Involuntary Resettlement policy, which defines project-affected persons as

anyone who (a) through involuntary taking of land, is relocated or loses shelter, loses assets or

access to assets, of loses incomes sources of means of livelihood, or (b) suffers adverse impacts

on livelihood because of involuntary restriction of access to legally designated parks and/or

protected areas. Such persons are to be informed about their options and rights and consulted on

and offered choices among feasible resettlement alternatives. In the case of access restrictions,

the natures of the restrictions and of the measures to mitigate their adverse impacts (action plan)

are to be determined with the participation of the affected groups.

7. Voluntary Land Acquisition

It is very likely that the Specific-projects will involve voluntary land acquisition, in which the PAPs

are voluntarily contributing their small portion of land for the projects. Land contribution is

acceptable only if there are informed consent and power of choice.

Informed consent means that the people involved are fully knowledgeable about the project

and its implications and consequences and freely agree to participate in the project.

Power of choice means that the people involved have the option to agree or disagree with

the land acquisition.

Because determining informed consent can be difficult, the following criteria are suggested as

guidelines:

The infrastructure must not be site specific.

The impact must be minor, that is, involve no more than 10 percent of the area of any

holding and require no physical relocation.

The land required to meet technical project criteria must be identified by the affected

community, not by line agencies or project authorities (nonetheless, technical authorities

76

can help ensure that the land is appropriate for project purposes and that the project will

produce no health or environmental safety hazard).

The land in question must be free of squatters, encroachers, or other claim or

encumbrances.

Verification (for example, notarized or witnessed statements) of the voluntary nature of

land donations must be obtained from each person donating land. (See Appendix 3.3 for

sample of Letter of Land Donation).

If community services are to be provided under the project, land title must be vested in

the community, or appropriate guarantees of public access to services must be given by

the private title holder.

Grievance mechanism must be available.

8. Implementation Arrangements

The LARAP and action plan for access restriction review organizational arrangements, to ensure

that implementation procedures are clear, that responsibility is clearly designated for provision

of all forms of assistance, and that adequate coordination among all agencies involved in action

plans implementation is assured.

The action plans must include a detailed implementation schedule, linking the project

construction timetable to land acquisition-related and access restriction related activities. The

implementation timetable should establish that in-cash or in-kind compensation should be

completed before the Specific-project implementation.

The PIU will handle the daily activities of the Project and has overall responsibility to oversee

adherence to this LARPF as well as action plans preparation and implementation. The will ensure

that entitlements and measures in the action plans (LARAP and action plan for access restriction)

are consistent with LARPF and that suitable budgetary provisions are made for timely

implementation of the action plans.

For projects involving acquisition of customary land, the PIU will ensure that (i) any land disputes

are resolved and a written on use of the land is signed with customary landowners and included

in the LARAP; (ii) compensation or lease rates are agreed with landowners before work begins on

the site.

9. Costs and Budget

The action plans will include detailed cost for compensation (in cash and in kind) and establish

sources for all funds required, and will ensure that fund flow is compatible with the timetable for

payment of compensation and provision of all other assistance.

All costs covered under this LARPF shall be borne by the GP Project or by the GoI. Funds flow will

follow the procedures established under the overall project funds flow.

10. Grievance Procedure

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Grievance procedures are established for the PAPs to bring their complaints to PIU, which include

reasonable performance standards, e.g., time required to respond to complaints, and should be

provided without charge to PAP. The procedure should follow the grievance redress mechanism

of MCA-I Grievance Mechanism System. The name and contact detail of the designated

unit/persons for handling complaints shall be displayed at each disclosure site.

However, should there be the project related mechanisms fail to resolve complaints, the action

plans should also state other ways available. The local practice for conflict resolution should be

considered for seeking resolution.

11. Monitoring of Implementation of the Action Plans

PIU will ensure that the action plans implementation will be externally monitored by a qualified

entity. The action plans should establish the scope and frequency of monitoring and reporting

activities. External monitoring reports will be prepared for simultaneous submission to the MCA-

I through GP Director.

Periodic report should track items such as:

i) disclosure of information and consultation with PAP;

ii) status of land acquisition and/or access restriction;

iii) payments for assets compensation and loss of income;

iv) income restoration activities, including the alternative income generation;

v) public information dissemination and consultations process;

vi) the benefits of the project;

vii) number and type of grievances received, how they are being addressed and when they

have closed out

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Appendix 11b. Outline of Land Acquisition and Resettlement

Action Plan-(LARAP)

The scope and level of detail of the action plan vary with the magnitude and complexity of land

acquisition and access restriction. The plan covers the elements below as relevant.

A description of the project, identification of how the Project has given rise to land

acquisition;

Identification of potential project impacts;

Asset and livelihood census survey of 100% of PAPs and a valuation of their assets and

respective income sources;

The institutional framework and organizational responsibilities;

Eligibility and the entitlement matrix;

Methodologies for valuation of losses and compensation for losses;

PAP participation, consultation and disclosure;

Grievance mechanism procedures;

Implementation schedule and budget; and,

Monitoring and evaluation activities.

79

Appendix 11c. Outline of Action Plan for Access Restriction

Project background and how the plan was prepared, including consultations with local

communities and other stakeholders;

The socio-economic circumstances of local communities;

The nature and scope of restrictions, their timing, as well as administrative and legal

procedures to protect affected communities’ interests;

The anticipated social and economic impacts of the restrictions;

The communities or persons eligible for assistance;

Specific measures to assist these people, along with clear timetables of actions and

financing sources;

Protected area boundaries and use zones;

Implementation arrangements, roles and responsibilities of various stakeholders,

including government ad non-government entities providing services or assistance to

affected communities;

Arrangement for monitoring and enforcement of restrictions and natural resources

management agreements;

Clear output and outcome indicators developed in participation with affected

communities

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Appendix 11d. Example of Statement Letter of Land Donation

Statement Letter of Land Donation

I, the undersigned:

Name :

Occupation :

Address :

Herewith declare that I voluntarily donate my land or assets affected for the project / Specific-

project ……………………………………………………………………………………………….. (Write the name of

project / Specific-projects to be constructed)

Location of land :

Size of land :

Current land use :

Status of ownership :

With reasons :

Map/sketch of donated land with borders :

...........................................................................................................................................................

...........................................................................................................................................................

.................................................................................................................

This statement was made in good faith without any coercion.

Place, date of the agreement

Knowing,

Landowner Signature Acknowledgement by Head of Village,

Name: ................................ Name: ................................

Signature of heirs and witnesses:

1. Name: ............................................ Signature:

2. Name: ............................................ Signature:

3. Name: ............................................ Signature:

81

Appendix 12. Indigenous Peoples Planning Framework (IPPF)

1. Introduction

Since GP Project components may support activities/Specific-projects across several provinces in

the country, they are likely to affect Indigenous People (IP) or ethnic minority in a number of

Specific-project areas in participating provinces such as Jambi, Central Sulawesi, East Nusa

Tenggara and West Nusa Tenggara.

This IPPF is prepared in order to provide some general principles and procedures that will be

applied during Specific-project preparation and implementation, if IP are to be affected. In the GP

Project activities, therefore, the purpose of the framework is for ensuring consultation, giving IP

a voice, and an opportunity to benefit from the program.

Objective

The primary objectives of the IPPF are to ensure that:

such groups are afforded meaningful opportunities to participate in planning that affects

them;

opportunities to provide such groups with culturally appropriate benefits are considered;

any project impacts that adversely affect them are avoided, to the extent possible. If

unavoidable, mitigation measures should be developed.

This is in line with the national objective in empowering indigenous community (Komunitas Adat

Terpencil - KAT), in which to grant of authority and belief to KAT to self-determine their own

destiny and various development activity programs available within their location and their

necessity through protection, reinforcement, development, consultancy and advocating to

improve their social prosperity level.

2. Definition

The national legislation, Presidential Decree No. 111/1999 sets the criteria as follows: a) in form

of small, closed and homogenous community; b) social infrastructure supported by familial

relationship; c) in general geographically remote and relatively difficult to reach; d) in general live

with sub-system economy; e) its Government of Indonesia equipment and technology is simple;

f) dependency to local environment and natural resources are relatively high; g) limited access of

social, economic, and political service.

The terms “indigenous people”, “indigenous ethnic minorities” and “tribal groups”, describe social

groups with a social and cultural identity distinct from the dominant society that makes them

vulnerable to being disadvantaged in the development process. For the purposes here,

“indigenous people” is the term that will be used to refer to these groups.

Indigenous peoples are commonly among the poorest segments of a population. According to the

IFC Performance Standard and World Bank policy, the term “Indigenous Peoples” is used in

generic sense to refer to a distinct, vulnerable, social and cultural group processing the following

82

characteristics in varying degrees: a) a close attachment to ancestral territories and to the natural

resources in these areas; b) self-identification and identification by others as members of a distinct

cultural group; c) n indigenous language, often different from the national language; and d)

presence of customary cultural, economic, social or political institutions.

For the purpose of this Framework, the definition of IP will try to follow both the criteria of the

Bank and the national legislation.

3. Screening for indigenous people among the affected populations

Initial screening of the potential presence of IP in the Specific-projects area will be conducted by

using combination criteria of IFC Performance Standard and World Bank and national legislation

identification. All Specific-project areas which have IP communities and are candidates for GP

Project support will be visited (at the time of first consultation with communities) by a project

implementing unit and relevant local authorities, including personnel with appropriate social

science training or experience. Prior to the visit, respective project implementing unit will send

notice to the communities informing their leaders that they will be visited for consultation. The

notice will request that the communities invite to the meeting representatives of farmers, women

associations and village leaders for discussion on the Specific-project. During the visit, the

community leaders and other participants will be consulted and present their views with regards

to the Specific-project.

At this visit, personnel with social science training or experience will undertake a further screening

for IP population with the help of local leaders, local authorities, and NGO as necessary. The

screening will check for the following: (a) names of IP groups in the affected village; (b) total

number of IP in the affected villages; (c) percentage of IP in affected villages; (d) Number and

percentage of indigenous households within a described zone of influence of the proposed

Specific-project.

If the results show that there are IP communities in the zone of influence of the proposed Specific-

project, a social assessment will be planned for those areas.

Preliminary screening of the IP presence was done referring to the World Bank’s IP mapping

(2010) which provide data on the IP distribution in Indonesia using the World Bank characteristic

of IP combined with the criteria of Ministry of Social Affairs. The screening result for the 12

(twelve) participating districts is presented in the table below. For a number of districts, data are

not available. The result of this screening is still to be confirmed and verified with other sources,

including to be consulted with local community leaders in the field.

83

Table 1. List of IP villages in the Project Location (World Bank, 2010)

No. District (Province)

Sub-district Village Name of IP

1. Merangin (Jambi) Lembah Masurai Pasar Masur Suku Anak Dalam

Pamenang Lantak Serit Suku Anak Dalam

Bangko Sungai Putih Suku Anak Dalam

Sungai Manau Bungo Tanjung Suku Anak Dalam

Markeh Suku Anak Dalam

Tabir Kel. Kampung Baru Suku Anak Dalam

Tabir Selatan Sungai Sahut Suku Anak Dalam

Bunga Antoi Suku Anak Dalam

2 Muaro Jambi (Jambi) Mestong Nyogan Suku Anak Dalam

Pelempang Suku Anak Dalam

KM.39 Tanjung

Pauh

Suku Anak Dalam

KM. 32 Tanjung

Pauh

Suku Anak Dalam

Sungai Landai Suku Anak Dalam

Sungai Bahar Tanjung Lebar Suku Anak Dalam

Markading Suku Anak Dalam

3 Solok Selatan (West

Sumatera)

No IP (or no data available)

4 Lombok Tengah (NTB) No IP (or no data available)

5 Lombok Timur (NTB No IP (or no data available)

6 Lombok Utara (NTB) No IP (or no data available)

7 Sumba Timur (NTT) Nggaha Oriangu Prai Bakul No IP name

Prai Karang No IP name

TandulaJangga Tandula

Tabundung Tapil Baradita/Sumba

Waikanabu No IP name

Maidang Maidang

Pinupahar Ramuk Mbarandita

Paberiwai Wairara No IP name

Karera Praisalura Praisalura

Hamba Wutang No IP name

Kabanda Kabanda

Matawai Lapawu Katiku Wai No IP name

Katiku Luku No IP name

Mahu Bokul No IP name

Kahaunga Eti Matawai Katingga No IP name

Lai Mbonga No IP name

Meorumba No IP name

Lulundilu No IP name

Wula Wajelu Haray Haray

Umalulu Ngaru Kanoru Ndeparyami

Haharu Ndapayami No IP name

Mbata Puhu Sumba

Napu No IP name

8 Sumba Barat (NTT) Lamboya Gaura Gaura

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No. District (Province)

Sub-district Village Name of IP

Wanokaka Hupu Mada No IP name

Loli Bera Dolu No IP name

Waikabubak Tebara Loli, Ana Paso Ka

9 Sumba Tengah (NTT) No IP (or no data available)

10 Sumba Barat Daya

(NTT)

No IP (or no data available)

11 Mamasa (Central

Sulawesi)

Sumarorong Tadisi To Sareung

Mambi Talippuki Tomaera

Aralle Salutambun No IP name

12 Mamuju (Central

Sulawesi)

Pangale Polopangale No IP name

4. Social Assessment (SA) and Consultation

During the preparation of the Specific-project proposal and/or Specific-project approval, a social

assessment process will be undertaken to define the Information dissemination to all members

of the IP community will be conducted specifically targeting appropriate message routes in

accordance with prevailing customs and traditions, including using the commonly used IP

language in every meeting, minutes, brochures, etc.

5. Indigenous People Plan

Free, prior and informed consultations will be conducted through a series of meetings, including

separate group meetings: indigenous village leaders; indigenous men; and indigenous women,

especially those who live in the zone of influence of the proposed work under Specific-project.

Discussions will focus on Specific-project impacts, positive and negative; and recommendations

for design of Specific-projects. If the SA indicates that the proposed Specific-project will cause

adverse impact or that the IP community rejects the proposal, the Specific-project will not be

approved (and therefore no further action is needed). If the IP supports the Specific-project

implementation an IPP will be developed to ensure that the IP will receive culturally appropriate

opportunities to benefit from the Specific-project activities.

The IPP is prepared in a flexible and pragmatic manner, and its level of detail varies depending on

the specific project and the nature of effects to be addressed. It will include the following

elements, as needed:

a. A summary of Social Assessment (SA);

b. A summary of results of the free, prior, and informed consultation that was carried out

during Specific-project preparation;

c. A framework for ensuring free, prior, and informed consultation with the affected

indigenous communities during project implementation.

d. An action plan of measures to ensure that the Indigenous Peoples receive social and

economic benefits culturally appropriate;

85

e. The cost estimates and financing plan for the IPP;

f. Accessible grievance mechanism, which takes into account the availability of customary

mechanism;

g. Monitoring, evaluation and reporting mechanism

The IPP of each Specific-project should be reviewed and approved by MCA-I through the GP

Director and ESP Director before Specific-project implementation begins.

The IPP should be disclosed publicly so that accessible to the affected indigenous community.

Upon agreed by the GP Director and ESP Director, for the Specific-projects that work at the

existing systems with community-decision making process, a stand-alone IPP may not be required.

The process to ensure that the IP are included as beneficiaries and participate in any activities will

be incorporated in the Specific-project design.

6. Principles if a Specific-project affects indigenous peoples

There are a number of measures to be applied when the IP are presence in the Specific-project

area and are part of the beneficiaries, in relation to the development of indigenous peoples plan.

Project implementation unit or proponent (PIU) will ensure that free, prior and informed

consultations are undertaken, in a language spoken by, and location convenient for,

potentially affected IP. The views of IP are to be taken into account during preparation

and implementation of any Specific-project, while respecting their current practices,

beliefs and cultural preferences. The outcome of the consultations will be documented

into the Specific-project documents.

If the IP conclude that the Specific-project will be beneficial to them, and that any minor

adverse impacts, if any, can be mitigated, a plan to assist them will be developed based

on consultation with the IP and local representatives. The community should also be

consulted to ensure that their rights and culture are respected. The assistance may also

include institutional strengthening and capacity building of indigenous villages and

community groups working with the Specific-project.

In the issue of access restriction to the natural resources, the IP will participate in the

zoning and mapping activities in order to fully benefit from the project. In full consultation

with the IP groups, the zoning and mapping activities will define the areas with customary

rights of the local IP and reflect the issues in the IPP with particular actions to protect or

compensate the groups.

Where indigenous people are identified that represent a sufficiently large interest, efforts

will be made to ensure that the group is represented and that regular and formal

communication is established with the group.

Where the indigenous people speak a language different from Bahasa Indonesia, relevant

brochures and documents will be translated in the appropriate language. Provision has

been made in the project budget to allow for additional translations of relevant project

documents.

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These steps will be aimed at ensuring that indigenous peoples participate fully in the project, are

aware of their rights and responsibilities, and are able to voice their needs during the

social/economic preliminary survey/exercise and in the formulation of the Specific-projects and

operational policies. In addition, they will be encouraged to submit Specific-project proposals that

cater to their group's needs, if necessary.

7. Reporting, Monitoring and Documentation

Besides specific attention to IP issues in supervision and monitoring, PIU will include these matters

in their progress reporting. The MCA-I (through GP and ESP unit) supervision missions will

periodically pay special attention to ensure that that the Specific-projects affecting IP afford

benefits to them and no adverse impacts on them.

8. Implementation Arrangement

The PIU will be responsible for training the respective project implementing unit or local

authorities to undertake the work of consultation, screening, social assessment, analyses and

preparing IPPs and addressing any grievances.

PIU of individual Specific-projects and local authorities are responsible for implementing IPP

(arrange adequate staff and budget).

Appendix 13. Physical Cultural Chance Find Procedures

1. Definitions

Physical cultural resources are the sites, areas, objects, or artifacts that have archaeological,

paleontological, historical, architectural, religious, aesthetic, or other cultural, religious or spiritual

significance to a commune, religious group, ethnic group and / or the wider public or nation. They include

movable or immovable objects, sites, structures, groups of structures, and natural features and

landscapes, for example: Sacred landmarks, Sacred burial sites or human remains, Pilgrimage sites or

routes, Fossils, Rock drawings, Ancient structures, Places of worship.

2. Chance Find Procedures

If any person discovers a physical cultural resource, such as (but not limited to) archeological sites,

historical sites, remains and objects, or a cemetery and/or individual graves during excavation or

construction, the Contractor shall:

1. Stop the construction activities in the area of the chance find;

2. Delineate the discovered site or area;

3. Secure the site to prevent any damage or loss of removable objects. In cases of removable

antiquities or sensitive remains, a night guard shall be arranged until the responsible local

authorities take over;

4. Notify the local authorities immediately (within 24 hours or less);

5. Responsible local authorities are in charge of protecting and preserving the site before

deciding on subsequent appropriate procedures. This would require a preliminary evaluation

of the findings to be performed by archeologists. The significance and importance of the

findings should be assessed according to the various criteria relevant to cultural heritage;

those include the aesthetic, historic, scientific or research, social and economic values;

6. Decisions on how to handle the finding shall be taken by the responsible authorities. This

could include changes in the layout (such as when finding an irremovable remain of cultural

or archeological importance) conservation, preservation, restoration and salvage;

7. Implementation for the authority decision concerning the management of the finding shall

be communicated in writing by relevant local authorities; and

8. Construction works could resume only after permission is granted from the responsible local

authorities concerning safeguard of the physical cultural resource.

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