Social Compliance Audit Report TIM: Dili to Baucau Highway ...Social Compliance Audit Report August 2016 TIM: Dili to Baucau Highway Project Prepared by the Consultant, endorsed by

Social Compliance Audit Report

August 2016

TIM: Dili to Baucau Highway Project Prepared by the Consultant, endorsed by the Project Management Unit of the Ministry of Public

Works, Transport and Communication, Government of Timor-Leste for the Asian Development

Bank.

This social compliance audit report is a document of the borrower. The views expressed herein

do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may

be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

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

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other status

of any territory or area.

Social Compliance Audit

A. Purpose of the Report

1. This report details the work undertaken for a reappraisal and audit of the resettlement action plans (RAPs) prepared by the Government of Timor-Leste (GOTL) and Japan International Cooperation Agency (JICA) associated with rehabilitating two sections of the national A01 road in Timor-Leste, which extends eastwards from Dili along the north coast, viz:

i. Section 1 - Hera to Manatuto (48.7 kilometer [km]):

• A01-1, km 7.7 (a point about 0.5km West of the junction to Hera)

• A01-1, km 56.4 (a point just West of the junction with the Manatuto by-pass) ii. Section 2 - Manatuto to Baucau (57.7 km):

• A01-2, km 56.4 (at the end of Section 1)

• A01-2 km 114.1 (at the junction of the roads to New and Old Baucau) 2. Separate reappraisals were conducted for both sections of the road. The results have, however, also been combined to give overall findings for the proposed project: the Dili-Baucau Highway Project. The project is to be funded by the Asian Development Bank on a parallel basis with JICA as described below. 3. The GOTL formulated the Road Network Development Master Plan (the MP) in 2009, based on a Study for Transport Sector Improvement with technical assistance from the Asian Development Bank (ADB). In 2010, ADB, JICA, and the World Bank signed a joint Aide Memoire pledging to coordinate their support for a ‘Five-year 1000 kilometre Core Road Program. In November 2009, ADB approved a USD46 million Asian Development Fund (ADF) grant to Timor-Leste for the first subproject, the Road Network Development Sector Project (RNDSP) to finance various roads. 4. The second subprogram, the national Roads Network Upgrading Sector Project (RNUSP) includes the national A01 road from Dili to Baucau and was originally to be financed by JICA through a soft loan, the loan agreement being signed in March 2012. The cost in 2010 was estimated to be USD103 million. Project preparation and design, including the development of RAPs for both sections took place between 2010 and 2013. The Council for the Administration of the Infrastructure Fund is the project executing agency and the Ministry of Public Works, Transport and Communication (MPWTC) is the implementing agency. Project implementation is being managed by the MPWTC through its existing project management unit (PMU) embedded in the Directorate of Roads, Bridges, and Flood Control (DRBFC)1. The PMU is assisted by the Project Implementation Supervision Consultant (PISC) engaged by Nippon Koie. 5. However, with the devaluation of the Japanese yen, an increase in the estimated cost, and a change in government policy on cost sharing, the original financial support from JICA proved to be insufficient for the two civil works packages: Package One, from Dili to Manatuto, and Package Two, from Manatuto to Baucau. The government requested ADB to finance the shortfall. ADB therefore agreed to consider financing of civil works for Package Two on a parallel basis, with a loan of USD49.6 million.2 The funding gap has caused some administrative

1 The project management unit responsible for managing Asian Development Bank (ADB), Japan International

Cooperation Agency (JICA), and World Bank road programs. 2 The Government of Timor-Leste will provide USD 26.6 million, and JICA USD 48 million. (ADB. 2016. Proposed

Loan to Timor-Leste: Dili to Baucau Highway Project. Manila).

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delays in getting the project underway,3 and necessitated an update and reappraisal of the economic, financial, poverty, social and safeguards due diligence reports including the RAPs, which were prepared under JICA guidelines. While JICA is responsible for design and supervision and civil works of both packages, ADB will help finance the civil works contract package for upgrading the road from Manatuto to Baucau (57 km). Project management costs including for the social safeguards for both packages will either be financed by the ADB loan or included in the government cost share. In the latter case, the ADB loan agreement will include assurances that the PMU will be adequately resourced and financed. 6. The objective of this social compliance audit report is to assess compliance with the ADB’s Safeguards Policy Statement (SPS) 2009,4 to identify any gaps found in the original JICA-prepared RAPs, and to audit the implementation of the resettlement plan up to July 2016, with recommendations for any corrective action needed. This will provide the safeguards due diligence necessary for project approval. 7. ADB's Safeguard Policy Statement (SPS) requires ADB-assisted projects to: (i) avoid involuntary resettlement impacts wherever possible; (ii) minimize such impacts by exploring alternatives; (iii) enhance, or at least restore, the living standards of displaced persons (DPs) in real terms relative to pre-project levels; and (iv) improve the living standards of the displaced poor and other vulnerable groups. It covers both physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary land acquisition or restriction on land use, or on access to parks and protected areas.5 8. During the original project preparation, it was assessed that the Dili-Baucau Highway Project would lead to only minor Involuntary Resettlement impacts, as it involves upgrading an existing road largely on its existing alignment: it was categorised as “B”.6 This audit also investigates whether this categorisation is correct, based on the extent and degree of severity of impacts on affected households and people from Manatuto to Baucau road section considered as the most sensitive component of the project and which ADB will have the responsibility to administer and finance. 9. The report (i) reviews the RAPs (one for each road Package), (ii) reviews the consultation reports and minutes of meetings with stakeholders and communities, (iii) evaluates the progress in implementing the resettlement plan (iv) detects non-compliance and recommends corrective actions, and (iv) identifies unanticipated impacts and recommends necessary mitigation measures. B. Scope and Methodology

10. This report is prepared based on:

3 Major procurement has already been done by the National Procurement Commission under the auspices of the

JICA-financed project. 4 The report is also based on the ADB. 2012. Involuntary Resettlement Safeguards: A Planning and Implementation

Good Practice Sourcebook’. Manila and follows the guidelines from the ADB. 2013. ‘Gender Tool Kit: Transport: Maximizing the Benefits of Improved Mobility for All. Manila.

5 ADB. 2009, Safeguard Policy Statement. Manila (Appendix 2, p.44).

6 The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more

persons will be physically displaced from home or lose 10% or more of their productive or income generating assets. Category B projects are those that are not deemed to have significant involuntary resettlement impacts, but which still require a resettlement plan.

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i. field investigations and observations with some affected households;

ii. discussions with suco and aldeia leaders, municipality administrators, lands officers and other stakeholders along the Dili-Baucau road;

iii. discussions with the revalidation survey team who were updating the Manatuto-Baucau A01-02 section of the road;

iv. meetings with the PMU (MPWTC) and Project Implementation Supervision Consultants (PISC); and

v. the review of the following documents:

- the original Resettlement Framework and RAPs for each road package

- ADB’s Safeguard Policy Statement 2009

- Consultation reports and minutes of meetings for both road sections

- the Updating Resettlement Action Plan Report of Package A01-01 (Dili-

Manatuto) or Validation Report No.1 – carried out from 10th July to 15th

December 2015

- the Updating Resettlement Action Plan Report of Package A01-02 (Manatuto-

Baucau) or Validation Report No.2 – carried out from June to July 2016

- Agreement letters with affected households/people

11. There were no safeguard monitoring reports available for review at the time of the social

compliance audit.

C. Project Description

12. Timor-Leste’s road network is about 6,000 km long, half of which is undeveloped rural tracks. The core network of 1,400 km of national roads connects the capital Dili and 13 districts. Most of this network is paved, or used to be. But many roads are in poor condition and have deteriorated because of lack of routine and periodic maintenance during 25 years of conflict. With support from ADB through the RNDSP over 100 km of national road has been upgraded, and further work is continuing under the RNUSP. The deteriorating road network makes journeys longer, vehicles more costly to operate, transport less safe, and rural communities more isolated. Poor transport and road conditions also place constraints on economic development. For these reasons ADB supports the government’s strategic development plan (SDP),7 which prioritises infrastructure development, including roads. 13. The proposed Dili to Baucau Highway Project is part of, major rehabilitation and upgrading of the national roads is being undertaken to bring them up to international standards, with assistance from the ADB and other donors, and using the government sovereign wealth fund established to manage oil and gas revenues. The project also supports road maintenance and building the capacity of government agencies and staff, as well as local contractors. The impact of the project will be increased and more efficient movement of people and goods. The outcome will be improved reliability and safety of the road from Dili to Baucau. The outputs of the project will be (i) about 105 km of national roads upgraded and climate-proofed, (ii) performance-based road maintenance expanded, and (iii) awareness of road safety and transport-related social issues generated.

7 ADB. 2016. Country Partnership Strategy: Timor-Leste, 2016–2020. Manila. Government of Timor-Leste. 2011.

Timor-Leste Strategic Development Plan, 2011–2030. Dili.

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14. The pavement of the Dili-Baucau national road (A01-01 and A01-02) is to be widened from the existing 4.5m to 6.0m and two 1-2m wide shoulders provided. Climate resilience measures are included with drainage designed for increased rainfall, resilient asphalt surfacing, and raising the road in flood-prone areas. In addition, there will be minor realignments to ease curves. Design speeds are:

i. flat terrain: 70 km/hour (hr); ii. rolling terrain: 40-50 km/hr; iii. mountainous terrain: 30 km/hr.

15. The alignment follows close to the existing road. Around Manatuto, it follows the uncompleted by-pass, avoiding the town and thus most resettlement impacts. As almost all traffic now avoids this route8, there will be a saving in distance for through-traffic of about 1.3 km. Overall, the two sections (Dili to Manatuto, and Manatuto to Baucau) when combined, provide a total saving in present distance of, however, just 1.0 km. Minor realignments in other sections add a total of 0.3 km. The route to be upgraded does not begin in Dili, but almost 8 km outside just past the Hera junction. 16. The terrain is varied. There are long flat straight, often low-lying, sections that pass through areas of rice cultivation and coastal salt flats. These sections frequently have highly degraded surface pavements. Other sections in more rolling and mountainous terrains have high curvatures and very steep and sometimes unstable slopes. 17. There are a number of long bridges over wide braided rivers. The four most important ones are:

i. Manatuto (km 57) - 280 meter (m) steel box girder – not currently to be replaced; ii. Laclea (km 79) – a 250 m very narrow concrete construction built to a design that when

used in other places (for example, Kairabe) has collapsed – to be replaced; iii. Vemasse (km 84) – a 220 m steel box girder – to be replaced; and iv. Kairabe (km 91) – a 19 0m steel box girder bridge which has already replaced a

narrower concrete construction – and which is to be replaced.

18. The project road is shown in its context as part of the national road network on Figure 1. Dili is the national capital and largest city and Baucau is the nation’s second largest city. As such, the corridor between these two centers is expected to be the focus of much development, and traffic on it is increasing. It is estimated that traffic volume is between 1,200 to 2,000 vehicles per day, mainly buses, light goods vehicles, and motorcycles. 19. The Project road is also the main link out of Dili to the East and carries:

i. on Sections 1 and 2: all traffic originating in points East and South of Baucau and with destination in Dili and points beyond Dili in the Western parts of Timor-Leste ; and

ii. on Section 1: all traffic originating in the area between Natarbora and Viqueque and with destination in Dili and points beyond Dili in the Western parts of Timor-Leste.

8 It is, in places, severely degraded and almost impassable.

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D. Population Served by the Project Road

20. In 2015, Timor-Leste had an estimated population of 1.17 million.9 Annual population growth in the period 2010-15 was 1.8% per annum10, down from 2.4% in the period 2000 to 2010. In 2015, the average population density was 78.2 persons per square km.

21. The Project road links three districts (now known as municipalities) in the centre of the country: Dili, Manatuto and Baucau (see Figure 2) and the country’s two most important cities, Dili and Baucau. The three districts have a combined population of about 0.42 million or 36% of the nation’s total. While the proposed rehabilitation work is of clear national importance, it will be particularly beneficial to the people living in these three districts and for the people living to the East and South, in Lautem and Viqueque Districts which have a combined additional population of 0.14 million, 12% of the national population. 22. Demographic data for the three districts which will experience most impacts is summarized below:

i. Dili:

• 2010 population – 252,284

• annual population growth – 1.5%11

• population density – 689 persons per sq km ii. Manatuto:

• 2010 population – 45,541

• annual population growth – 1.0%12

• population density – 25.5 persons per sq km iii. Baucau:

• 2010 population – 124,061

• annual population growth –2.2%13

• population density – 82.4 persons per sq km

23. Dili municipality is by far the most densely populated, and this is reflected in the number of communities living along the main road to Manatuto, although there are still some very empty mountainous areas. It is expected that, with rehabilitation, Baucau will continue to be a major growth center, and it is the next most densely populated of the three municipalities.

9 Ministry of Finance, General Directorate of Statistics. 2015. Population and Housing Census, 2015: Preliminary

Results (where the provisional population is given as 1,167,242). 10

Some authorities have suggested that there may have been some under-counting. 11

Now growing at less than the national average – annual average growth in the period 2004– 2010 was 4.5%. 12

Manatuto appears to be suffering from its position mid-way between the two major national growth centres, Dili and Baucau.

13 Baucau is now growing at a faster rate than the national average – annual average growth in the period 2004– 2010 was only 1.7%

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Figure 2: Timor-Leste's population size by Municipality, 2015

E. Scope of Land Acquisition and Resettlement

24. The scope of land acquisition and resettlement has been reappraised by the PISC and PMU because of the time which has lapsed between project preparation under JICA, and the transition to ADB funding. It was also undertaken to ensure that the ADB’s SPS standards had been met in the original RAP, and in the Inventory of Loss (IOL) and detailed measurement survey. The original measurements for the road impact area assumed a Right of Way (ROW) road corridor of 21 m. However, this was later adjusted to 10 m-12 m (6 m of paved roadway and a 1 m-2 m wide shoulder). This may vary slightly along the route depending on the type of terrain,14 presence of residential areas, on the need for drainage and embankments, but is generally within the existing road corridor of government owned land. 25. A comparison of the original scope of land acquisition and resettlement impacts as outlined in the resettlement plans, and the figures in the Updated RAP (Validation Report), shows some discrepancies: there is contradictory information, given that the scope of impacts should be less, (since the width of road corridor has been narrowed), but from the figures, sometimes appears greater. The overall amount of land appears to have increased, rather than decreased. This can be explained by the fact that the road design has included some realignment on corners and in the approaches to bridges which are being replaced.

14

Residential and mountainous sections will have a 2 meter shoulder.

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26. It appears that stalls and fences were mostly not counted or considered for compensation in the 2013 RAPs, but this was later rectified and they appear in the Updated RAP (Validation Reports). It is unclear why 3 plots of government land in Package One, and 25 plots of government land in Package Two under the 2013 RAP impacts were included in the impacts, since they would not be eligible for compensation and any assets on them would be counted under other impact categories (e.g. for structures or plants). These were rectified under the Updated RAP (Validation Report). Tables 1 and 2 below provide the final figures for the impacts of the road upgrading for both sections of the road. Table 1: RAP and Validation Report comparison: summary of impacts for Package One -

Dili to Manatuto

Impact category Type of affected asset 2013 RAP impacts

2015 Updated RAP

(Validation Report)

Affected Households (Affected Persons)

based on 2015 Updated RAP

1. Affected structure

a. Houses (+residential/commercial)

33 units 6 units 6 AHs (41 APs)

b. Businesses temporary kiosks permanent kiosks

139 units 83 units 24 units

83 AHs (614 APs) 24 AHs (92 APs)

c. Stalls

- 47 units 47 AHs (457 APs)

d. Ancillary structures: Fences, toilets, kitchens


e. Livestock cages

3 units -

2. Affected land

a. Residential land

• 123,877.74 m2

Total affected land area

104,572 m

2

123,877.74 m

2

3. Affected trees

a. Timber trees

442 137

b. Timber & fruit trees

963 48

c. Fruit trees

1,998 492

d. Plants 624

Total no. of affected trees 3,387 1,301

4. Crops Total estimated annual yield loss for rice paddy from 4,698 m

2 affected plots within

government-reserved area

• 3,382

kilograms

5. Affected utilities

a. Water pipelines 190 pcs 190 pcs

b. Steel electricity pole

103 pcs 103 pcs

c. Concrete electricity pole 113 pcs 113 pcs

d. Total affected utilities 406 pcs 406 pcs

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Table 2: RAP and Validation Report comparison: summary of impacts for Package Two - Manatuto to Baucau

Impact category Type of affected asset 2013 RAP impacts

2016 Updated RAP

(Validation Report

impacts)

Affected Households (Affected Persons)

based on 2016 Updated RAP




b. Businesses (kiosks)

74 units Permanent: 4 units

Temporary: 42

units

4 AHs (40 APs)

42 AHs (325 APs)

c. Stalls

- 162 units 162 AHs (1254 APs)

d. Fences


2. Affected land

a. Residential landa

0 0


143,777 m

2

0 m

2

3. Affected trees

a. Timber trees

39 666

b. Timber & fruit trees

73 1,534

c. Fruit trees

127 1,021

Total no. of affected trees 239 3221

4. Crops Total estimated annual yield loss for rice paddy from 27,087.5 m

2 affected plots

within government-reserved area

•

19,503 kilograms


a. Water pipelines

75 pcs 75 pcs


105 pcs 105 pcs

c. Concrete electricity pole 150 pcs 150 pcs

d. Total affected utilities 320 pcs 320 pcs a All affected residential land in package 2 are government-owned land as the proposed design width of the road is

within the 5-meter government reserved area on both sides of the road. 27. From these figures, it appears that for Dili-Manatuto component, there are 41 affected persons to be physically displaced and 92 affected persons to be affected temporarily by losing their permanent kiosks which represent more than 10% of their income generating assets; whereas for Manatuto-Baucau, there are 97 affected persons to be physically displaced and 40 affected persons to be affected temporarily from losing their permanent kiosks which constitute 10% of their income generating assets. The Manatuto-Baucau is the most sensitive component confirming that the project is within the Category B definition for resettlement impacts. Since the amount of land to be acquired for the project is very small, it is estimated that no other households will lose 10% or more of their productive or income-generating assets aside from losing permanent kiosks. The loss of temporary kiosks and stalls is considered marginal and will not significantly disrupt the business operations of the affected persons. The kiosks can be easily moved and owners can continue with their activities in the same area. The socio-economic survey also reveals that farming is the main source of income of the population, and

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this provides the kiosks owners with alternative sources of income in addition to retailing activities. People living close to Dili and Baucau are also able to find alternative employment. Affected crops and trees along the road do not represent a significant portion of their income source since they only consist of a few affected trees per household.

28. A small number of affected businesses located in aldeia Behauc and Beeheda have the potential to be affected from losing their retail stores or small eateries along the road. However, the government intends to build replacement structures in an equally good location before the possession of the affected site and road construction. This will allow them to relocate and continue with their business operations with very minimal, if any, disruption. F. Social Safeguards Compliance Audit

I. Gap Analysis of ADB’s SPS and Policy Principles in Existing Resettlement

Plans

29. During the original project preparation, a gap analysis was conducted to compare the existing legal and policy framework in Timor-Leste and the safeguards policy of JICA. A resettlement policy framework was subsequently produced in 2013, to serve as the guiding principles to be adopted in the preparation and implementation of resettlement activities under the project. The same policy framework has been compared with ADB’s SPS and no gaps have been identified. No revised policy framework is therefore necessary (see Table 3).

Table 3: Gap Analysis of ADB's SPS and Policy Principles in Existing Resettlement Action Plans (RAPs) for Dili-Manatuto and Manatuto-Baucau components

ADB SPSa

Existing Policy and Provisions in the Resettlement Actions Plans

Gap Assessment

Screen the project early to identify past, present and future involuntary resettlement impacts.

The AHs will be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cut-off date, usually around the time of initial consultations, at the sub-project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits.

None

Cary out meaningful consultation with affected persons, host communities and concerned nongovernment organizations.

AHs will be systematically informed and consulted during the entire process of resettlement planning and implementation, including assessment of possible impacts on their livelihoods, purchase of land/assets, determining compensation/resettlement options, and socio-economic rehabilitation measures. They will be informed of their rights and options and be invited to participate actively in the identification of mitigation and rehabilitation measures.

In the consultation process, representatives of local governments, village chiefs, other community leaders and civil society organizations such as non-government organizations (NGOs) from the operational areas will be included. The customs and traditions, as well as religious practices of all AHs, will be respected and protected.

A grievance redress mechanism, linked with existing traditional formal and informal systems and cognizant of cultural requirements, will be established to solve resettlement related disputes and complaints from affected households.

None

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Improve or at least restore the livelihoods of all displaced persons.

Eligible AHs are entitled to compensation and livelihood rehabilitation measures sufficient to assist them to improve or at least maintain their pre-sub-project living standards, income earning capacity and production levels.

The institutions of AHs, and, where relevant of their hosts, are to be protected and supported. Physically displaced AHs will be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted.

AHs losing only part of their physical assets will not be left with a proportion inadequate to sustain their current standard of living. Such a minimum size will be identified and agreed upon during the resettlement planning process.

The absence of an active land market in rural areas poses a challenge to determine the market or replacement value of the affected land. Professional valuation expertise under the PMU supported by JICA will assist the DLPCS for the valuation of affected assets to determine fair compensation at full replacement cost to AHs. Resettlement impacts will be minimized through careful engineering design.

Land for land or asset for asset compensation is always the preferred method. However, if insufficient land or assets are available, or if the affected people have a preference and the resettlement impacts are considered to be minor and do not undermine the livelihoods of AHs, cash payment at replacement costs will be provided based on negotiation with AHs. For those experiencing severe impacts (more than 10% of productive land severely affected people (i.e., AHs experiencing significant impacts)), assistance will be given to identify and purchase alternative land. Efforts will also be made to provide sustainable livelihood restoration measures so that affected people can improve or at least restore their standard of living to pre-project levels.

None

Provide physically and economically displaced persons with needed assistance

Same as above.

Improve the standards of living of displaced poor and other vulnerable group, including women, to at least national minimum standards.

Particular attention will be paid to the needs of vulnerable AHs. This group of AHs may include those without legal or recognizable title to the land or other assets, households headed by females, the elderly or disabled, and other vulnerable groups, such as people living in extreme hardship, and indigenous people that may be a minority in specific locations. Appropriate assistance will be provided to help them improve their socio-economic status.

The concerns of women will be identified based on gender disaggregated socio-economic data, separate discussions on women’s concerns, and ensuring adequate measures and budgetary allocations in the resettlement plan to compensate and resettle them in a manner that does not disadvantage them. In this effort, the assistance of national NGOs currently engaged in women’s welfare will be sought.

None

Develop procedures in a transparent,

Land for the project will be acquired by direct negotiation shall be purchased from the landowners as provided under

None

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consistent and equitable manner if land acquisition is through negotiated settlement, to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status

Expropriations Act. Payment for physical assets and non-physical assets, will be negotiated with affected households with the assistance of the Directorate of Land, Property and Cadastral Survey. The negotiated purchase will offer adequate and fair price at full replacement cost for land and/or other assets. An independent external party such as NGOs will be engaged to document the negotiation and settlement processes to ensure that any negotiations with affected households address the risk of asymmetry of information and bargaining power of parties involved.

b

The rates of compensation for land, assets, and crops are to determined by the Ministry of Public Works, Transport and Communication (Project Management Unit), Ministry of Justice (Directorate of Land, Property, and Cadastral Survey), and the Ministry of Agricultural and Fisheries, and openly discussed at public consultation meetings held along the road.

Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets.

Consistent with donor policies, eligible AHs are:

Those with titles to land recognized on a legal basis; those with no legal rights but have a claim to the land or assets, and are recognized through a process identified in the RAP; those who have no legal right or claim to the land they are occupying before the cut-off date.

Lack of formal legal rights to assets lost will not deprive any AP from receiving compensation and payments for non-land assets and entitlements

None

Prepare a resettlement plan

The general process for preparing RAPs includes:

Consultation with AHs relevant stakeholders, and whenever necessary, assistance of relevant institutions to ensure effective consultations;

Undertaking a participatory inventory of losses (IOL), which will be updated during a detailed measurement survey (DMS) following the detailed design.

Determination of replacement cost: AHs losing assets (land, physical assets, means of livelihood, or social support systems) will be compensated and assistance given to APs, through adequate and satisfactory replacement land, housing, infrastructure, resources, income sources, and services, in cash or in kind, so that their economic and social circumstances will be improved or at least restored to the pre-project level. All compensation will be based on the principle of full replacement cost at current market value. When necessary, livelihood restoration programs acceptable to the local community will be put in place to help people improve, or at least restore, incomes to pre-project levels;

Preparing a cost estimate and budget including the costs of compensation, relocation and rehabilitation, social preparation and livelihood programs. The budget will also include the costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, physical and price contingencies, and implementation of the RP;

None

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a

The full version of the ADB safeguards policy principles can be found in ADB, 2009, Safeguard Policy Statement. Manila.

b Negotiation procedures can be found under Section 6.3: Compensation Determination Procedure of the RAPs.

II. Resettlement Plans Implementation and Compliance with ADB SPS

30. The implementation of resettlement plans so far has been undertaken in three stages. Firstly, there were a series of public consultation meetings in seven different locations for the Dili-Manatuto road (in 2015), and 6 locations for the Manatuto-Baucau road (in 2016). The meetings were run by the PMU and supervision consultants, together with an official from the Directorate of Land and Property, and were attended by the subdistrict administrator, suco and aldeia leaders, and affected persons. The participants were informed about the types of assets that could be eligible for compensation. 31. Secondly, a team of enumerators conducted a validation survey over two weeks, to confirm the number of affected people and list the assets which would be lost from within the road corridor by the road construction. Lastly, a further round of meetings were held (called Focus Group Discussions), at the same locations - again run by the PMU and supervision consultants, and involving the DLPCS representatives from Dili, Manatuto and Baucau. They were attended by administrators, xefe de suco and xefe de aldeia, as well as affected people. These last meetings gave more details of the price which would be paid for affected assets, and clarified individual information based on the IOL. The aim was to ensure the information was accurate and confirm the compensation payment amounts with householders. An updated RAP report, or Validation Report was written following this exercise.

The full cost of land purchase and resettlement will be included by the government on the project cost and adequate budgetary provision shall be made available during implementation;

Inclusion of a grievance mechanism based on cultural practices and agreeable to AHs; and

Inclusion of a monitoring system - appropriate reporting and monitoring and evaluation will be established as part of the resettlement management system, which will be set out in the RAP.

Pay compensation and provide other resettlement entitlements before physical and economic displacement

No works with resettlement impacts will be implemented before a RAP has been prepared and approved in line with the resettlement framework of the project. All land purchase, compensation, resettlement activities will be satisfactorily completed and the sub-project areas cleared of all obstructions before displacement and the commencement of civil works.

None

Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced person

As part of the RAP, Inclusion of a monitoring system - appropriate reporting and monitoring and evaluation will be established as part of the resettlement management system, which will be set out in the RAP.

None

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32. While the policy principles outlined in the existing RAPs are consistent with ADB policy, the application of these principles may have deviated from them. Key provisions in the Resettlement Plans and updated RAPs (or Validation Reports) have been assessed to identify whether they are sufficient and in-line with the Resettlement Policy Framework adopted by the project. Findings from this analysis are outlined in Table 4 below. These activities reflect the actual implementation of the plans, and the table provides comments on the adequacy of the validation processes undertaken as part of Updated RAP from July to December 2015 (for Package One), and from June to July 2016 (for Package Two).

Table 4: Application of ADB policies in RAPs and Updated RAPs (Validation Reports)

Area of concern Original RAPs Updated RAP / Validation

Socio-economic information and profile of APs

Unclear representation of affected persons and vulnerable households among the APs. No description provided in RAPs, of how vulnerable groups were to be identified.

Affected persons confirmed. However, there is missing validated information to finally confirm the vulnerable households, (which is needed to determine additional special assistance to these households). No column for recording vulnerable h/h on spreadsheets.

Consultation and participation

The RAP discussed the outcomes of consultations with various stakeholders including women and vulnerable groups. However, no clear processes/plan in place in terms of ensuring inclusive consultation, and how affected households have participated and will continue to be consulted during implementation

Consultations were undertaken with key stakeholders, but unclear from meeting minutes how women and vulnerable groups were involved in consultations, and how many of them attended meetings. However, a separate data (Table 5) were provided by PMU disaggregating men and women’s participation in consultations. There is currently no Consultation and Participation Plan.

Information disclosure Public information brochure is attached to the RAP. However, this needs to be simplified to focus on key information related to compensation, implementation plans and the grievance redress mechanism among others, to ensure sufficient awareness among affected persons. Since literacy levels are low, brochure needs to be ‘user friendly’ and in Tetun language.

Document showing examples of structures and agreed compensation costs to be paid for each type, was handed out during latest consultation FGMs.

Grievance Redress Mechanism (GRM)

RAP description of the GRM is unclear on the participation of the Grievance Redress Committee in the resolution processes. (The processes do not match the structure). There is no outline of how the complaint is to be registered, and what information should be documented. The Project Manager is designated as the main focal point for receiving and resolving grievances of affected households. Need to reconsider the effectiveness of this. No trusted local leader identified as first contact point.

GRM currently not yet in place. No committee yet set up. There is no mention of GRM in the minutes recording the consultation meetings.

Entitlements, assistance and benefits

Provisions in place that lands will be acquired by direct negotiation based on adequate and fair price at full replacement cost for land and other assets. Payments for crops and trees are

Compensation rates for productive and non-productive land are not differentiated.

15

determined by the Ministry of Agriculture. An independent external party will be engaged to document the negotiation and settlement processes. Compensation rate adopted for mature fruit bearing trees does not include productive years when income could be derived by the affected persons. Compensation for the affected structures will be paid at negotiated price. This presents the risk of not providing sufficient compensation based on full replacement cost. Compensation for loss of income from affected businesses does not differentiate between the size of the business e.g. kiosk versus stall.

Inconsistent application of the rate/sq/metre for one-bedroom and two-bedroom house. Difference in compensation rate for Dili-Manatuto Package One, and Manatuto-Baucau Package Two road sections (according to consultation minutes). Unclear approach on how to deal with disputed land and plots with no identified (presumed) owners. No third party validation has been undertaken to date to confirm that negotiation and settlement processes have been done in a fair and transparent manner.

Income restoration and rehabilitation

As part of income restoration strategy, there are provisions to (i) provide additional special assistance to affected households losing structures; (ii) one time rehabilitation grant for affected households losing business kiosks, and (iii) one time assistance such as seed capital for the next cropping seasons for affected persons losing trees and crops. It is not clear, however, what makes up productive assets and special grants, and whether affected persons have been consulted on what special assistance they would require. Preferential employment of the affected persons has also been reflected under the restoration strategy. There are inconsistencies or a lack of these provisions in the entitlement matrix.

There are inconsistencies, contradictions or lack of these provisions in the entitlement matrix

Resettlement budget and financing

Estimated budget has been provided. Some arithmetic corrections required. RAP contains provisions that budget will be allocated by the government to implement RAP and other safeguards activities.

Validated figures and compensation attached in the appendix, but some gaps noted (e.g. costs of productive land, special assistance provisions). The same provision of the government being responsible for providing budget applies.

Institutional arrangements

RAP does not include the role of the supervision consultant in the implementation of the RP. Unclear roles and responsibilities between the PMU, PISC, and Contractor in resettlement activities

The same institutional arrangements will apply in the validation report.

Implementation schedule There is no complete implementation schedule

provided in the RAPs, only a list of steps for

the delivery of compensation. The RAP states

that AH/APs will receive cash or a cheque for

their compensation.

The validation report contains no

implementation schedule, and the

method of disbursement has changed

from cash/cheques to payments into an

individual bank account. The PMU

states that they plan to finish

compensation payments for Package

One by 30 July 2016, and completion

of all agreement with affected persons

and opening of bank accounts for

Package Two by15 August 2016 and

16

compensation of payments thereafter.

Monitoring and reporting

Implementation of RAP will be monitored both internally and externally. Indicative monitoring indicators identified. Unclear how affected persons will be involved in the monitoring and how external monitoring will be undertaken

No monitoring plan is mentioned in the validation report. PMU confirmed that there will not be any external monitoring but the continuous involvement of the affected persons during monitoring of RAP implementation will be ensured.

III. Other findings

33. Bank accounts. ADB recognizes that women are often more vulnerable to negative impacts of resettlement, such as loss of land and access to resources, because they often do not have equal land or property ownership rights, and may not be equally compensated. In Timor-Leste, as elsewhere, payment of compensation is often to the head of household who has a land title in their name, which is usually the husband.15 Too often, it is assumed that this compensation will be shared with women and other household members, but this is not always the case. Women’s lost livelihoods may also not be fully recognized because they lack voice in resettlement consultations.16 34. During the validation process, the PMU became aware that almost no one in affected communities had a bank account. This is an issue since it has been decided to disburse compensation payments through the bank, as it is considered safer and more transparent. The PMU is currently arranging for heads of household to attend village meetings with their ID cards for the purpose of meeting bank officers to open individual accounts. Most of the household heads are male, but if no husband or father is present, then a female head of household was told they were eligible to attend. The government will carry the costs of establishing the accounts, which cost USD10 to open. The RAP states that “Compensation will be carried out with equal consideration of women and men.” Many leaders and affected people along the road felt having joint accounts would be fairer and more transparent. In particular women were vocal in pointing out the dangers of providing compensation only to men. The affected households particularly for Package 2, with ongoing negotiation and consultation to finalize the letter of agreement, will be given the option to open a joint account for both husband and wife. 33. No names and disputed land. In some cases the enumerators conducting the inventory of loss and detailed measurement survey were unable to meet with the owners of land and assets. Sometimes these may be “absentee owners” known to the community. In other cases, the land may be “without an identified owner” or land may be classified as “abandoned” land. In a few cases there may be a land dispute over ownership. Land tenure issues in Timor-Leste are very contentious and despite significant donor funding and technical support over many years, the GOTL has still not passed crucial land legislation. Unjust colonial land appropriation, waves of displacement, and competing claims have results in highly complex land issues. Until now it has proved impossible to reach consensus on land policy in Timor-Leste and therefore there are many unresolved land disputes and uncertainties regarding ownership of land.17

15

Only an estimated 12% of Timorese societies are matrilineal, where land is inherited through mothers 16

ADB, 2013, Gender Took Kit: Transport – Maximizing the Benefits of Improved Mobility for All, Manila 17

Cryan, Meabh, 2016, Whose Land Law? Analysis of the Timor-Leste Transistional Land Law, The Asia

Foundation Working Paper, Dili Almeida, Bernardo, 2016, Land Tenure Legislation in Timor-Leste, The Asia Foundation, Dili

17

34. In order to deal with this situation, the PMU will need to put in place clear procedures to protect all owners interests and ensure that no eligible people miss out on compensation to which they are entitled. This will entail working closely with the National Directorate for Land, Property and Cadastral Services to find any absentee owners and to identify where there are disputes. No compensation will be paid on these properties until disputes are resolved by the courts. All payments due to other ‘No Name’ properties will need to be set aside and ready for disbursement once the landowner has been confirmed or showed up. Depositing in a trust account is one option subject to further assessment on its feasibility in Timor-Leste.

35. HIV training: Infrastructure projects may result in potentially adverse social impacts, such as the spread of sexually transmitted diseases such as HIV and other infectious diseases, or the risk of female trafficking and prostitution. The Dili-Baucau road upgrading is expected to employ up to 1000 workers. While most of these will be local, this influx of mobile males with money, are an ‘at risk’ group, along with young women from surrounding areas in search of income opportunities, and female sex workers. These social impacts affect both men and women, but given the existing gender inequalities, women may be more vulnerable than men. There is no mention of these social impacts in the RAP since provisions to mitigate these social risks are contained in the IEE/EMP, and mitigation is the responsibility of the contractor. There is currently no training provision scheduled yet. The PMU will provide a list of NGO providers who are competent to undertake HIV/AIDS awareness training to the contractor’s staff, construction workers, or to schools and communities. Local health centers have not been consulted about the potential risks to the local populations in their catchment area and such consultation will be ensured for better coordination of HIV/AIDS awareness programs. 36. Road safety: The design of the Dili-Bacau road includes an output relating to the raising of awareness of safety and transport-related social issues, with a target indicator of at least 80% of children and 80% of women in roadside communities receiving road safety awareness education by the end of 2019.18 ADB is supporting a national road safety action plan under RNUSP, and it is clear from the audit, that it is much needed on the Dili-Baucau road. It will be important that road users, and in particular the many school children who walk to the schools located along the road, receive road safety education. It is also important that the safety features such as guard rails are installed as soon as the road has been upgraded.

IV. Stakeholder Consultations

37. Initial stakeholder consultations for the project were held in 2013 and outlined in the two Resettlement Plans.19 They included meetings with government and leaders at national, district, suco, and aldeia levels, as well as interviews with affected households, discussions with special interest groups, (such as small business traders), and meetings with other international agencies. However, a full stakeholder engagement or community consultation and participation plan does not appear to have been developed.

38. During the RAP updating exercise, three types of meeting were held with affected persons. The first was a general public consultation for public information and disclosure of plans for re-measuring the assets that would be lost. It involved the PMU, supervision consultants, a lands officers from DLPCS, xefe de suco and aldeia leaders, as well as affected people. There was then a second survey to update the records of affected households,

18

ADB Concept Paper, Project No: 50211-001, July 2016, TIM: Dili to Baucau Highway Project 19

Resettlement Action Plan Dili-Manatuto, 2013.. Resettlement Action Plan Manatuto-Baucau Chapter 5-11

18

followed by a second series of meetings to discuss details of compensation. A record of the dates of consultation with affected people is shown in Table below:

Table 5: Public Consultations held in 2015-2016

No

Location and date of meeting

M

F

Total

Package

P1 P2

1 8 August 2015 PCM at Municipio Hera - Dili

35 16 51 X

2 12 August 2015 PCM at Municipio Metinaro Suco Sabuli – Dili

17 6 23 X

3 12 August 2015 PCM at Suco Duyung

17 16 33 X

4 13 August 2015 PCM at Una Kaduak- Aldeia Manumetan - Manatuto

67 24 91 X

5 13 August 2015 PCM at Suco Uma Kaduak - Aldeia Beheda Mantuto

36 12 48 X

6 14 August 2015 PCM at Suco Ailili

1 5 6 X

7 14 August 2015 PCM at Suco Sau – Aldeia Obrato Manatuto

22 20 42 X

8 23 October 2015 PCM at Suco Sau and Ailili - Manatuto

22 27 49 X

9 5 November 2015 PCM at Suco Uma Kaduak,Aldeia Fatu Metan - Manatuto

22 18 40 X

10 5 November 2015 PCM at Suco Uma Kaduak,Aldeia Behauc - Manatuto

34 15 49 X

11 6 November 2015 PCM at Suco Uma Kaduak, Aldeia Beheda - Manatuto

28 7 35 X

12 20 October 2015 FGD at Suco Sabuli - Dili

46 5 51 X

13 21 October 2015 FGD at Suco Duyung – Aldeia Manuleu - Dili

40 26 66 X

14 21 October 2015 FGD at Suco Duyung - Dili

37 16 53 X

15 4 December 2015 FCG at Suco Hera - Dili

18 19 37 X

16 1 September 2015 PCM at Suco Vemase - Baucau

30 9 39 X

17 1 September 2015 PCM at Suco Cairabela - Baucau

21 8 29 X

18 2 September 2015 PCM at Suco Bucoli - Baucau

56 15 71 X

19 2 September 2015 13 13 26 X

19

PCM at Suco Bahu - Baucau

20 2 September 2015 PCM at Suco Triloka - Baucau

10 3 13 X

21 3 September 2015 PCM at Laleia - Manatuto

20 8 28 X

22 21 June 2016 FGD at Laleia - Manatuto

20 19 39 X

23 22 June 16 2016 FGD at Vemase - Manatuto

54 16 74 X

24 22 June 2016 FGD at Bucoli - Baucau

59 19 74 X

25 23 June 2016 FGD at Bahu - Baucau

12 9 21 X

26 23 June 2016 FGD at Triloka – Baucau

18 6 24 X

27 23 June 2016 FGD at Vemase - Baucau

40 13 53 X

39. It should be noted that this record is based on the RAPs, and minutes provided by the PMU and may not cover all the consultations, which took place. While the consultations have been extensive, the minutes leave something to be desired, as they are not always comprehensive, and in particular, they fail to capture clearly all the comments made by the community members. The original minutes did not contain the sex disaggregated numbers of participants, but this was later provided by the PMU from their records. At times questions by affected people do not appear to have been fully answered or not completely aligned with RAP. The PMU noted that the next round of consultation particularly for Package 2 will ensure sufficient information and response provided to affected persons and other key stakeholders regarding the project, its potential impacts and mitigation measures in place including entitlements to affected persons. A Community Consultation Plan is ongoing preparation to ensure effective stakeholder engagement, including with affected persons, during project implementation. 40. There is no documentation on the negotiation and settlement processes undertaken with the affected persons. The audit found that a few affected persons along the Package 2 road have not been advised on their entitlements and have not provided inputs on the compensation options they prefer. While this discussion about entitlements is expected to take place while facilitating the signing of the letter of agreement with the affected persons, (within the next month), it is important to ensure that the process avoids any risk of asymmetry of information and bargaining power, particularly of the affected person. A third party verifier will be engaged to validate that the process of consultation and negotiation has been done well, and in accordance with the ADB safeguards policy.

V. Unanticipated Safeguards Issues

No unanticipated impacts have been found during the course of the audit. However, two issues of concern are: provision of proper toilet and sanitation at main bus stops and the relocation of stalls to suitable flat areas away from the road edges. These needs should be taken into account where feasible since the current lack of these facilities poses sanitation and safety risks to the affected persons. The PMU confirmed that the site where kiosks will be relocated particularly in Beeheda will be in a flat area and include public toilets installed with water supply. These provisions will ensure that affected persons are not worse off than their condition at pre-

20

project levels. As part of the long term approach in improving public transport, the Public Transport Policies and Strategies include a proposal to have pubic terminals in strategic locations with public toilets and sanitation facilities, waiting areas and bus bays among others. G. Corrective Action Plan

42. The corrective action plan will ensure that PMU’s existing implementation of the original

and updated RAP will be in accordance with the ADB SPS and the approved policy framework

adopted for the project. The Ministry of Public Works and PMU will be responsible for the

budget and implementation of the corrective action plans including continuous consultation

among the affected persons and monitoring of the progress. The key information on social

compliance audit report particularly the corrective action plan will be disclosed on ADB website

and to affected persons and other relevant stakeholders. The satisfactory implementation of the

corrective action plan is a requirement for ADB financing. The project will not possess the site

and start construction in road sections until the corrective actions, where applicable, have been

complied with. A Corrective Actions Completion Report will be submitted to ADB to confirm that

required actions have been satisfactory completed. Any unanticipated involuntary resettlement

impacts during implementation will require social impact assessment and update the

resettlement plan to cover all applicable requirements.

Table 6: Corrective Action Plan

Issues Corrective Actions Verification /Implementation*

Adequacy of consultation and information disclosure

• Produce revised public information brochure focusing on key information related to compensation, implementation plans and the grievance redress mechanism.

• Print Tetum language version for distribution at community meetings and to suco offices on a timely basis.

• A Community Consultation Plan to guide stakeholder engagement needs to be in place and future consultations based on transparent and inclusive manner are required to follow the guidelines in the plan.

Public information brochure designed, produced disseminated as soon as possible.* The ongoing preparation of Community Consultation Plan will be completed and implemented by the PMU.*

Lack of identification of vulnerable groups for Dili-Manatuto and Manatuto-Baucau road sections.

• Establish criteria and definition of vulnerable groups

• Identify vulnerable households to be given special assistance

• Spreadsheets to record h/h size

• Vulnerable households among the affected persons will provided with special assistance as reflected in the compensation matrix

List of vulnerable households among affected persons submitted to ADB prior to disbursement of compensation payment.* Compensation completion report confirming that vulnerable groups have received special assistance.*

Unclear grievance redress mechanism in RAP and still currently not in

• Revise the current grievance redress mechanism processes or use the same grievance as the environmental safeguards

• Establish trusted focal point for each suco in Dili-Manattuto and Manatuto Baucau road sections

Revised GRM with focal points

named and confirmed.*

21

place

• Provide each focal point with registration book

• Establish grievance committee for each road package to include representatives of Xefe de Suco, MOJ Directorate of Lands, Property and Cadastral Survey, and civil society

Grievance committee established and briefed prior to start of any civil works.

Compensation • Ensure consistency of compensation rate for both road packages. Ensure differentiated payment for productive and non-productive lands and loss of income dependent on the size of business (kiosk or small stall). Ensure adjustments on the payment for trees that are an income-source considering productive years of the tree in the valuation. Ensure adjustment of compensation for loss of any affected persons already paid who should be provided with additional payment if they did not receive the higher rate for productive land or trees.

• Where possible, joint or separate bank accounts should be opened for disbursement of compensation including both men and women (depending on the composition of the household and wishes of the individuals).

• All compensation payments to be disbursed prior to the possession of the site and before any commencement of civil works.

• No physical or economic displacement takes place in connection with the project until compensation and other entitlements have been provided to affected people in accordance with the corrective actions for compensation.

• Payment for compensation due for those lands with disputed landownership and affected lands without any confirmed owners will be set aside and ready to be disbursed once the landowners have been confirmed. Government will explore alternative arrangements in line with ADB SPS to deal with the issue. One option is depositing payment to an escrow account. Proper procedures on the identification of landowners and disbursement of compensation need to be in place.

• Third party verification on the fairness of the negotiation on compensation including: confirmation on the adequacy and fairness of the compensation rate; open, transparent and lack of asymmetry of information during the negotiation process; and pertinent government policies and laws applicable to the transaction have been

Revised entitlement matrix* with updated compensation rate submitted to ADB prior to disbursement of compensation payment. Compensation Completion Report including third party verification.

22

applied.

Livelihood restoration

• Special assistance and grants as part of the livelihood restoration program should be consistent with the entitlements provided in the Entitlement Matrix. Compensation budget needs to be revised.

• Productive assets (such as seeds or planting materials) to be provided to the vulnerable affected persons need to be identified in consultation with these affected persons.

In addition to the above, a revised entitlement matrix with specific provisions related to the livelihood restoration program identified with the affected persons/vulnerable groups is needed.* Compensation completion report.

Road safety awareness

• Ensure awareness on road safety and other transport-related issues will be conducted among roadside communities including women and children. Currently not in any contract provisions.

Update report on the road safety awareness activities undertaken to be included in the project progress report.

* Documents to be included as part of the Corrective Actions Completion Report.

G. Institutional Arrangements

43. The institutional arrangement reflected in the RP has been revised to include the role of ADB and the Construction Supervision consultant as shown in the table below.

Agency Roles and Responsibilities

Executing Agency (EA): Council for the Administration of the Infrastructure Fund Implementing Agency: (IA) MPWTC

• Overall execution of the project

• Directs the PMU

• Provides funds for land purchase and resettlement

• Liaises with JICA and ADB

23


Project Management Unit (PMU), MPWTC

• Manages the social and resettlement aspects of the road sub-project

• Works with the design and supervision consultants regarding all matters dealing with resettlement and consultation

• Organizes effective public consultation and disclosure of resettlement planning documents in appropriate language

• Carries out land acquisition according to the provisions of the Expropriations Act in coordination with MOJ and DLPCS

• Ensures that AHs are paid with compensation promptly, adequately and effectively, in conformity with the Expropriations Act and the JICA’s Guidelines for Environmental and Social Consideration, and ADB’s SPS

• Establishes a grievance redress system designed to deal effectively with complaints from APs, in coordination with MOJ/DLPCS and the contractor

• Ensures that effective monitoring of resettlement is conducted and reported to funding agencies

• Ensures that the grievance redress system is effective when addressing AHs concerns, and that all complaints are registered, dealt with and reported on

• Works closely with NGOs during appropriate social and public consultation activities

• Liaises with ADB and JICA on all matters relating to resettlement and submits regular bi-annual reports

MOJ

DLPCS

• Oversees and reviews the implementation effectiveness of land purchase and resettlement

• Guides the PMU in addressing issues that require policy direction

• Assists with resolving any land-related issues in accordance with the current legislation

• Advises the PMU on compensation values for land in compliance with the Expropriations Act and local legislation where it exists.

Supervision consultant • Undertakes all activities dealing with resettlement in coordination with PMU

• Organizes and undertakes effective public consultation and disclosure of resettlement documents

• Works with land officers from the DLPCS and MAF to assess compensation rates at replacement value, and to ensure smooth land and property acquisition

• Establishes the grievance redress mechanism before compensation is paid, to address APs concerns

• Liaises with ADB and JICA on all matters relating to resettlement and submits regular reports

24


JICA and ADB

Co funders

• Review and approve all resettlement documentation as required under the respective policies of the government

• Assist in capacity building in the PMU to manage social safeguards in road projects through the provision of international expertise and training budgets

• Disclose RAP and the Social Compliance Audit on respective websites

• Provide guidance as required based on progress reports and supervision missions

• Ensure corrective action plan has been satisfactorily implemented and completed

H. Safeguards Implementation Monitoring Arrangements

44. Internal monitoring of all consultation and resettlement tasks will be conducted by the Environmental and Social Unit (ESU) of the PMU on a quarterly basis. There will be no external monitoring by an independent organization. The ESU is staffed by an international and a national environmental safeguards specialist, and an international and national resettlement specialist. There is also a post for a social and gender specialist which is currently unfilled, and plans to recruit two more safeguards staff to assist the unit. These staff will be responsible for regular monitoring of the implementation schedule, with a particular focus on inclusive public consultation, fair land and asset purchases, and accurate compensation paid at replacement value for all assets. The ESU will be responsible for ensuring the GRM is working effectively and resolving problems promptly. The monitoring staff will produce a single social safeguards bi-annual monitoring report for GOTL, JICA and ADB. I. Conclusion and Recommendations

45. The project is category B based on the scope and degree of involuntary resettlement impacts of it most sensitive component as validated by the PMU. The resettlement policy framework adopted by JICA and the government is consistent with the ADB SPS and a revised framework is therefore not required. However, the verification conducted as part of the social compliance audit revealed gaps in the ongoing implementation of the RAPs, which need to be addressed to bring the social safeguards activities into compliance with ADB SPS. Key areas of improvement include, among others: (i) ensuring inclusive and ongoing consultation during project implementation; (ii) adjustments on the compensation rates applied to ensure additional assistance is provided to vulnerable groups and that differentiated value for productive and non-productive lands and income loss depending on the size of business is applied, among others; (iii) incorporation of some livelihood restoration support to affected persons' entitlements; and (iv) establishment of a GRM prior to commencement of civil works. 46. These actions will be completed, where applicable, prior to the possession of the site and commencement of civil works in line with ADB requirements and the resettlement policy framework adopted by JICA and Government of Timor-Leste for the Dili-Baucau Project. A Corrective Actions Completion Report, along with other supporting documents prepared during the course of implementing the corrective actions, will be submitted to ADB for verification and approval.

25

Attachments 1. Government-JICA approved Resettlement Plans (for both road components) 2. Updated Resettlement Action Plan Reports (for both road components)

JICA ODA Loan TLS-P1

Engineering Consultancy Services

for

National Road No. 1 Upgrading Project

Resettlement Action Plan (RAP)

for Package A01-01

(Dili - Manatuto)

December 2013

NIPPON KOEI CO. LTD., in Joint Venture with

PHILKOEI INTERNATIONAL, INC. and

PT. INDOKOEI INTERNATIONAL

National Road No. 1 Upgrading Project Resettlement Action Plan (RAP) The Government of Democratic Republic of Timor-Leste for Package A01-01

NK-PKII-IKI i

Table of Contents

TABLE OF CONTENTS ....................................................................................................................... I

LIST OF TABLES ....................................................................................................................... III

LIST OF FIGURES ....................................................................................................................... IV

APPENDIXES ......................................................................................................................... V

LIST OF ABBREVIATION ................................................................................................................ VI

GLOSSARY ...................................................................................................................... VII

NOTES ......................................................................................................................... X

EXECUTIVE SUMMARY ................................................................................................................. XI

CHAPTER 1 INTRODUCTION ........................................................................................... 1-1

1.1 Background ....................................................................................................... 1-1

1.2 Project Description ........................................................................................... 1-2

1.3 Objectives of RAP ............................................................................................ 1-3

1.4 RAP-Related Conditions .................................................................................. 1-3

CHAPTER 2 SCOPE OF LAND RESETTLEMENT ......................................................... 2-1

2.1 Scope and Rationale for Land Acquisition/Resettlement ................................. 2-1

2.2 Measures to Minimize Land Acquisition Impact ............................................. 2-1

2.3 Summary of Impacts ........................................................................................ 2-2

2.4 Impact Assessment ........................................................................................... 2-3

2.4.1 Impact on People .............................................................................................. 2-3

2.4.2 Impact on Land ................................................................................................. 2-3

2.4.3 Impact on Trees ................................................................................................ 2-4

2.4.4 Impact on Crops ................................................................................................ 2-5

2.4.5 Impact on Structures ......................................................................................... 2-5

2.4.6 Impact on Income ............................................................................................. 2-6

2.4.7 Gender Impact .................................................................................................. 2-6

CHAPTER 3 SOCIO-ECONOMIC INFORMATION AND PROFILE ............................ 3-1

3.1 Working Methodology...................................................................................... 3-1

3.2 Demographic Characteristics of AHs ............................................................... 3-1

3.2.1 Population of AHs ............................................................................................ 3-1

3.2.2 Age of AHs ....................................................................................................... 3-1

3.2.3 Education of AHs ............................................................................................. 3-2

3.2.4 Ethnicity of AHs ............................................................................................... 3-2

3.3 Characteristics of Households ........................................................................... 3-2

3.3.1 Economic Profile of AH ................................................................................... 3-2

3.3.2 Quality of Life Indicators ................................................................................. 3-3


NK-PKII-IKI ii

3.4 Economic Details of AHs ................................................................................. 3-3

3.4.1 Poverty Status ................................................................................................... 3-3

3.4.2 Impact of Project on AH’s Livelihood .............................................................. 3-4

CHAPTER 4 LEGAL POLICY FRAMEWORK AND ENTITLEMENTS ....................... 4-1

4.1 Introduction ...................................................................................................... 4-1

4.2 Purpose and Objectives of Land Resettlement ................................................. 4-1

4.3 Existing Policy and Legal Framework for Resettlement in Timor-Leste ......... 4-1

4.4 JICA'S Guideline for Environmental and Social Consideration ....................... 4-2

4.5 Project Policy Framework and Entitlements .................................................... 4-3

4.6 Eligibility and Entitlements .............................................................................. 4-6

4.6.1 Cut-off Date and Eligibility ............................................................................... 4-6

CHAPTER 5 PARTICIPATORY CONSULTATION AND DISCLOSURE .................. 5-10

5.1 Stakeholders .................................................................................................... 5-10

5.2 Key Issues ....................................................................................................... 5-10

5.3 Community Attitude ....................................................................................... 5-11

5.4 Disclosure ....................................................................................................... 5-12

CHAPTER 6 GRIEVANCE REDRESS ............................................................................... 6-1

6.1 Government Policy for Grievance Redress ...................................................... 6-1

6.2 Proposed Measures to Address Grievance........................................................ 6-1

6.3 Compensation Determination Procedure .......................................................... 6-3

CHAPTER 7 INCOME RESTORATION STRATEGY .................................................... 7-1

7.1 Restoration of Income from Structure .............................................................. 7-1

7.2 Restoration of Income from Business ............................................................... 7-1

7.3 Income from Crops and Trees .......................................................................... 7-1

CHAPTER 8 INSTITUTIONAL FRAMEWORK .............................................................. 8-1

8.1 Institutional Setup ............................................................................................. 8-1

8.2 Resettlement Implementation Structure............................................................ 8-1

CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING ...................................... 9-1

9.1 Institutional Arrangements for Financing Resettlement ................................... 9-1

9.2 Budget Description ........................................................................................... 9-1

CHAPTER 10 IMPLEMENTATION SCHEDULE ........................................................... 10-3

10.1 Institutional Arrangements ............................................................................. 10-3

10.2 Implementation Schedule ............................................................................... 10-4

CHAPTER 11 MONITORING AND EVALUATION ....................................................... 11-1

11.1 Institutional Arrangements for Financing Resettlement ................................. 11-1

11.2 Internal Monitoring ......................................................................................... 11-1

11.3 Reporting ........................................................................................................ 11-2


NK-PKII-IKI iii

List of Tables

Table 1-1 Summary of Impact ........................................................................................................ xii

Table 1-2 Project Entitlement Matrix ............................................................................................ 15

Table 2-1 Measures to Minimize Resettlement ............................................................................ 2-2

Table 2-2 Summary of Impact ...................................................................................................... 2-2

Table 2-3 Number of AH and AP on the Basis of Category of Impact ......................................... 2-3

Table 2-4 Detailed of Land Affected ............................................................................................ 2-4

Table 2-5 Impact on Trees ............................................................................................................ 2-4

Table 2-6 Impact on Crops ........................................................................................................... 2-5

Table 2-7 Extent of Impact on Structure ...................................................................................... 2-5

Table 2-8 Usage and Income from Affected Structure ................................................................. 2-6

Table 3-1 Population of AHs ........................................................................................................ 3-1

Table 3-2 Age Distribution of AHs .............................................................................................. 3-1

Table 3-3 Education of AHs ......................................................................................................... 3-2

Table 3-4 Ethnicity of AHs .......................................................................................................... 3-2

Table 3-5 Monthly Income of Affected Families ......................................................................... 3-2

Table 3-6 Main Occupation of Affected Families ........................................................................ 3-3

Table 3-7 Water and Accessibility ............................................................................................... 3-3

Table 3-8 Poverty Analysis around the Project Area ................................................................... 3-4

Table 3-9 Loss of Land in Terms of Overall Land Possessed by the AHs ................................... 3-4

Table 4-1 Project Entitlement Matrix ........................................................................................... 4-8

Table 5-1 Summary of Stakeholder Consultations ..................................................................... 5-11

Table 5-2 Consultation Meetings ............................................................................................... 5-12

Table 6-1 Grievance Redress Procedure. ..................................................................................... 6-2

Table 8-1 Responsibilities of Agencies ....................................................................................... 8-1

Table 9-1 Resettlement Budget .................................................................................................... 9-1

Table 10-1 Implementation Schedule of the RAP ...................................................................... 10-5

Table 11-1 Internal Monitoring .................................................................................................. 11-1


NK-PKII-IKI iv

List of Figures

Figure 1-1 Project Location Map ................................................................................................ 1-2


NK-PKII-IKI v

Appendixes

Appendix A Price list reference ......................................................................................... A-1

Appendix B Inventory Of Losses Questionnaire ............................................................... B-1

Appendix C Draft Public Information Booklet ............................................................... C-1

Appendix D Public consultation meeting ........................................................................... D-1

Appendix E List of Affected Household ............................................................................ E-1


NK-PKII-IKI vi

List of Abbreviation

ADB : Asian Development Bank

AF : Affected Family

AH : Affected Household

AP : Affected Person

DLPCS : Directorate of Land, Property and Cadastral Survey

DMS : Detailed Measurement Survey

DRBFC : Directorate of Roads, Bridges, and Flood Control

EA : Executing Agency

ESU : Environmental and Social Unit

GRC : Grievance Redress Committee

IA : Implementing Agency

IOL : Inventory of Losses

IPDP : Indigenous People Development Plan

JICA : Japan International Cooperation Agency

MOF : Ministry of Finance

MOI : Ministry of Infrastructure

MOJ : Ministry of Justice

MPW : Ministry of Public Works

NGO : Non-Government Organization

PISC : Project Implementation and Support Consultants

PMU : Project Management Unit

RF : Resettlement Framework

RNUP : Road Network Upgrading Project

ROW : Right of Way

RP : Resettlement Plan

SoSPW : Secretariat of State for Public Works

SPS : Safeguards Policy Statement

TLSLS : Timor-Leste Survey of Living Standards


NK-PKII-IKI vii

Glossary

Affected Household/Family

: All members of a household residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its components; It may consist of a single nuclear family or an extended family group.

Affected Person : Individuals that are affected by the project through land acquisition, relocation, or loss of income; includes any person, household [sometimes referred to as project-affected family (AF)], firms, public or private institutions; The APs, therefore, include (i) persons whose agricultural land or other productive assets such as trees or crops are affected, (ii) persons whose businesses are affected and who might experience loss of income due to the project’s impact, (iii) persons who lose work/employment as a result of the project’s impact, and (iv) people who lost access to community resources/property as a result of the project.

Assistance : Support, rehabilitation, and restoration measures extended in cash and/or kind over and above the compensation for lost assets

Compensation : Payment in cash at the current market value or in kind for an asset or a resource that is obtained or affected by a project, in which, the affected people are entitled to in order to replace their lost property or income

Cut-off date : The date after which people will not be considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Detailed Measurement Survey

: The detailed inventory of losses that is completed after the detailed design and marking of project boundaries on the ground

Encroachers : People who move into the project area after the cut-off date are therefore ineligible for compensation or other rehabilitation measures provided by the project. The term also refers to those extending attached private land into public land.

Entitlement : The range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and relocation, depending on the type and degree/nature of the losses of the APs in order to restore their social and economic base

Inventory of Losses : The pre-appraisal inventory of assets as a preliminary record of affected or lost assets

Land Obtaining : Purchase of land for the project through negotiated settlement until the expropriation law is passed

Non-titled : People who have no recognizable rights or claims to the land that they are occupying. It includes people using private or state land without permission, permit or grant, i.e., people without legal title to land and/or structures occupied or used by them. JICA’s policy explicitly states that such people cannot be denied compensation.

Project : The Road Network Upgrading Sector Project funded by JICA


NK-PKII-IKI viii

Rehabilitation : Compensatory measures provided under the policy framework on involuntary resettlement other than the payment for the replacement cost of obtained assets

Relocation : Displacement or physical movement of the APs from the affected area to a new area/site and the rebuilding of homes, infrastructure, provision of assets, including productive land/employment, and the re-establishment of income, livelihood, and living, and social systems.

Replacement Cost : Replacement cost is the amount needed to replace an asset and is the value determined as compensation for the following:

Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes;

Land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;

Houses and other related structures based on the current market price of materials, transportation of materials to construction sites, cost of labor and contractor’s fee, and any cost of registration and transfer taxes. In determining the replacement cost, depreciation of assets and value of salvaged building materials are not taken into account. No deductions are made for the value of benefits to be derived from the project;

Crops, trees, and other perennials based on current the market value; and

Other assets (i.e., income, cultural or aesthetic) based on the replacement cost or cost of mitigating measures.

Replacement Land : The land affected by the project that is compensated through provision of alternative land of the same size rather than cash. Productive capacity as land lost which is acceptable to the AP

Resettlement : All impacts associated with the loss of physical and non- physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms.

Significant Impact : If 200 or more people experience major impacts, which are defined as: (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating assets)

Squatters : Same definition as non-titled; include households, businesses and common establishments on land owned by the State.

Structures : All buildings including the primary and secondary structures such as houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls


NK-PKII-IKI ix

Vulnerable : Individuals who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement including : (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households that fall on or below the poverty line (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; and (vii) households of indigenous population or ethnic minority.


NK-PKII-IKI x

Notes

i. The fiscal year (FY) of the Government of Timor-Leste and its agencies ends on 31

December 2013. The FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY 2013 ends on 31 December 2013.

ii. In this report, "$" refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of J I C A , the management, or its staffs, and are still preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of, or reference to a particular territory or geographic area in this document, JICA does not intend to make any judgments as to the legal or other status of any territory or area.


NK-PKII-IKI xi

Executive Summary

1. Timor-Leste has begun rebuilding its national infrastructures after years of suffering from

conflict and underdevelopment. Physical infrastructure development including road

network is now recognized by the country as a top priority to accelerate its new economic

opportunities and is also a mean to reduce poverty in the country. Given the emphasis on

nationwide development of road infrastructure, the Government of Timor-Leste has

planned to upgrade the 116 km A-01 National Road No. 1 under the Upgrading Project

Dilli–Bacau Section, with financial support from the Japan International Cooperation

Agency (JICA).

2. The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of the Dili-

Bacau section, with a length of about 57.6 km. It is a road strategically placed to link the

districts of Dili and Bacau, which may further help to improve the area’s business

transactions in the future.

3. The Ministry of Finance (MOF) is the project executing agency (EA) and the Ministry of

Public Works (MPW) is the project implementing agency (IA). Project implementation

works will be managed by the MPW through its existing Project Management Unit

(PMU), supported by the Project Implementation and Support Consultants (PISC).

4. The physical implementation of improvement works include the widening of the existing

road to achieve a width of 10-12 m, with a 6 m wide carriageway and 1-2 m wide

shoulder on each side. The improvement works shall also include drainage

construction/rehabilitation. The strategy for the project is to minimize land requirements

by confining the construction works within the existing road corridor to the extent

possible. The strategy also includes some compromise on reducing the embankment

width even to 2 m at certain sections of the tortuous stretch. However, it will inevitably

be necessary to acquire land and other assets for the widening and raising of the road

embankment which will cause involuntary resettlement impacts. To address these

resettlement impacts, the present draft Resettlement Action Plan (RAP) has been

formulated in conformity with JICA’s safeguard requirements on involuntary

resettlement; adhering to the resettlement principles and procedures outlined in the

Resettlement Framework (RF) adopted by the Government of Timor-Leste for the Road

Network Upgrading Project.

5. A combined census and socioeconomic survey carried out from September to October

2013 shows that the project will impacted to 23 houses, 10 Residential-commercial

place1. The project will have to acquire about 104,572 , m2 (10.4 ha) of land, about 2,669

m2 of structure and about 3,387 trees of different kinds along either side of the

embankment. A summary of impact is presented in Table 1-1.

1 Residential-commercial place refer to houses that have double function as a house and as a kiosk


NK-PKII-IKI xii

Table 1-1 Summary of Impact

No Impact Category Type of Affected Assets

Number/Area of

Impact

1 Affected structure a. Houses/ Residential 23 units

b. Residential-commercial place 10 units

c. Business place (kiosk) 139 units

d. Fences 2 units

e. Livestock cages 3 units

Total Affected Structure 177 units

2 Affected Land

Area Total Affected Land Area

2 104,572 m2

Affected Land

Plot

a. Private ownership 714 plot

b. Government Land3 3 plot

c. Church Land 4 plot

3 Affected Trees a. Timber trees 442 trees

b. Timber and Fruit trees 963 trees

c. Fruit trees 1,998 trees

Total Affected Trees 3,387 trees

4 Affected Crop Total Affected Crop 62.2 m2

5 Affected Utilities a. Water pipeline 190 pcs

b. Steel Electricity Pole (SEP) 103 pcs

c. Cocrete Electricity Pole (CEP) 113 pcs

Total Affected Utilities 406 pcs

6. The total number of affected households (AHs) has been estimated at 721 along with

4144 affected persons (APs). Majority of the AHs will be affected on their land or

cultivation area. As mentioned in paragraph 5, there are only 23 AHs will be affected on

their house and 10 AHs will be affected on residential-commercial place.

7. Land acquisition and resettlement for the project will be carried out in conformity with

the Expropriations Act. The Parliament of Timor-Leste has passed the Expropriations Act

in consideration of the land to be obtained for this project. Cadastral surveys will be

conducted as part of this process and impacts will be reassessed. Consequently, the

2 Total area of 104,572 is not include government and church own land. 3 Majority of land to be acquired for road upgrading is government land. Government land will not be recorded otherwise there are households utilized it. Government land in Table 1-1 were

recorded because there are household utilized it. The affected asset above this land will be compensated, while the land itself will not be compensated.


NK-PKII-IKI xiii

estimates in the above summary table may have to be revised and updated.

8. The project will follow the approach of setting a negotiated price at replacement cost for

determining the compensation for any affected asset, which may either be physical or

non-physical. Acquisition of land for the project will be done under the provisions of the

Expropriations Act (2012). It provides for negotiated purchase as the first approach. Only

if negotiations fail, the government will initiate “compulsory acquisition” of land.

9. The RAP is based on JICA’s Guideline for Environmental and Social Consideration

(April 2010) as well as Timor-Leste’s applicable/domestic policy instruments and laws.

The RAP fits with the provisions of the RF approved by the Ministry of Public Works,

Government of Timor-Leste. The following section deals with these policies with a

comparison of two policies and subsequently deals with the entitlements and eligibility

for compensation and other resettlement entitlements.

10. This RAP will be applied for the road network upgrading project for the implementation

of the the Dili–Manatuto sub-project. This will ensure that all persons that will be losing

land and other fixed assets will get appropriate compensation and rehabilitation

assistance.

11. The cut-off date under the project is the date after which people will not be considered

eligible for compensation, i.e., they are not included in the list of APs as defined by the

census (IOL). The cut-off date under the project has been set tentatively as on 13

October 2013. The PMU/MPW was informed about the cut-off date for information

distribution to the local communities. People who move into the area after the cut-off

date will not be entitled to any compensation. The following categories of affected

persons will be entitled to receive compensation for their losses: (i) those with titles of

land recognized on a legal basis; (ii) those with no legal rights but have a claim to the

land or assets, and are recognized through a process identified in the RP; and (iii) those

who have no legal rights or claims to the land they are occupying before the cut-off date.

12. The negotiated prices in conformity with the Expropriations Act, and JICA policy, will

ensure that the APs receive the right replacement cost for the loss of their land and other

fixed assets, (houses, other structures) including crops, and trees. While APs with

recognizable land rights/claims will receive fair compensation/price at replacement rate

for their land, those without such rights will be compensated for assets attached to the

land that they occupy, such as houses, kiosks, and other structures. They will also be

entitled to assistance for restoring their livelihood and income. APs without legal title or

legitimate claim will be entitled to compensation for non-land assets only and other

assistances. Vulnerable persons and women-headed households will qualify for special

assistance. An entitlement matrix is presented in Table 2.

13. After approval of the RAP by MPW and JICA, a summary of this resettlement plan along

with the entitlement matrix (including the list of APs) will be translated into local

language (Tetum/Portuguese) and will be disclosed by the MPW to stakeholders, and

affected persons. This will be presented in the form of a booklet/brochure (refer to

Appendix C) to enable the APs and local communities to be aware of the project’s

benefits/compensations that are available for the APs, as per provision in the entitlement

matrix. MPW field staff/consultant will distribute brochures through suco meetings and

will explain the mechanisms and procedures and overall process of the compensation

program. The RAP will be made available as an official public document in the MPW


NK-PKII-IKI xiv

field offices, the Directorate of Land Property and Cadastral Survey (DLPCS) office,

offices of district and sub-district administrators, and offices of the suco chiefs and aldeia

leaders. The RAP will also be disclosed on the JICA and MPW websites.

National Road No. 1 Upgrading Project Resettlement Action Plan (RAP) The Government of Democratic Republic of Timor-Leste on Package A01-01

NK-PKII-IKI 15

Table 1-2 Project Entitlement Matrix

Type of Loss Unit of Entitlement Details of Entitlements Responsibility

1. Permanent loss of

homestead and

commercial land

Title holders/

claimants

• Compensation for the loss of residential land at

negotiated price ensuring replacement cost

• Compensation for the residential structure (part or full) at

replacement rates without depreciation

• Transitional allowance for a maximum of 9 months, at $100

per month, if the residual land is not viable (land acquired is

75% or more of the total land holding of the title holder); Or,

for 3 months if the residual land is viable

• If the household is vulnerable, transitional allowance will be for

12 months.

• All fees, taxes and other charges, as applicable under relevant

laws incurred in the relocation and resource establishment are

to be borne by the project.

• Landless/vulnerable APs will be assisted to find an alternative

land/plot.

PMU in coordination with MOJ/DLPCS,

Ministry of Finance, with assistance from

valuation specialist, local authorities and

community leaders.


residential/

commercial

structures of

owners/claimants

Owners of

structure

• Compensation for house/structure(s) at negotiated price

ensuring replacement value

• Transitional assistance to cover a maximum of 9 months rental

accommodation; if the household is vulnerable, transitional allowance will be for 12 months

• One-time lump sum shifting allowance of $200 for temporary, semi-permanent, and permanent structures

• Right to salvage materials from the demolished structure

• Vulnerable APs will be provided on a one-time rehabilitation grant in the form of productive assets.




community leaders.

3. Assets of squatters or

informal settlers

Informal

settlers/squatters/non-

tilted APs identified by

IOL losing commercial

semi- permanent structure

• Compensation at replacement cost of affected structure

• Estimated during IOL and finalized with DLPCS; Transitional allowance for loss of income from business of $100 for 4 months per household

• Salvaged materials which are free of cost

DLPCS with Assistance from the PMU’s

Valuation Specialist and in consultation

with relevant authorities will finalize the

compensation at replacement cost for the

affected structure as identified during IOL.


NK-PKII-IKI 16


4. Annual/Seasonal

crops

Household • Compensation at market value of crops for three years, plus one assistance grant of $100 for purchase of seeds for the next

season

PMU with assistance from relevant

government ministries and valuation

specialist

5. Tree Claimant of the affected

tree

• Compensation at replacement cost of affected tree estimated during IOL and finalized with DLPCS


DLPCS with assistance from PMU’s

valuation specialist in consultation with

relevant authorities will determine the fair

compensation at replacement cost.

6. Income from

business

Kiosks • One time lump sum transfer grant of $100 per kiosk;

Transitional allowance of $100 for 4 months per household

PMU in coordination with DLPCS and

with assistance from local authorities and

community leaders.

7. Impact on vulnerable

APs

Vulnerable and women-

headed households

identified by IOL

• In addition to the above standard package, vulnerable AP households will receive following: Additional special assistance of $100 for an extra two months for vulnerable household

PMU with assistance of local authorities

and community leaders

8. Unforeseen impact Concerned

persons affected

• Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework.

PMU identifies and mitigates impacts as

required.


17

14. In conformity with the Expropriations Act, it is important to deal effectively with APs’

concerns pertaining to resettlement impacts such as compensation, rehabilitation, and

delays in payment. To ensure this, a simple, accessible, transparent, and effective

grievance redress system will be established.

15. The PMU under the MPW will have overall responsibility for implementing the sub-

project. The PMU will strengthen its capacity with a social safeguard specialist to plan

and implement land purchase and resettlement, train counterpart staff, and monitor

resettlement in the sub- project. To this end, an Environmental and Social Unit (ESU) will

be established in the PMU. The ESU shall be staffed by a national social safeguards

specialist and an international social safeguards specialist. A valuation specialist will be

provided to assist the MOJ/DLPCS in the valuation of property in order to keep

appropriate compensation in place. The international safeguard specialist at PMU will

assist in the management of all resettlement activities including the process of reaching

adequate compensation. If the situation demands, PMU will engage an experienced

NGO, active in the project area, to assist in dealing with the process of consultation,

negotiating compensation, and resolving disputes.

16. All costs associated with land purchase and resettlement will be provided by the

government. The entire resettlement for the road improvement project is estimated at

$1,740,156 ($1.7 million). Of the total amount, $1,673,227 is for direct resettlement

expense while the rest is kept for staff training, internal monitoring, administrative

expenses and contingency expenses. The cost of items is in compliance with the RF

prepared for the project.

17. The Ministry of Justice, i.e., DLPCS, will work with the PMU to conduct cadastral

surveys for the lands to be acquired. It shall also prepare valuation tables as provided

under the Expropriations Act. PMU will ensure such values conform with the JICA social

safeguard policy that requires compensation at replacement value. Since the

Expropriations Act provides for negotiated purchase in the first instance, it is expected

that APs will get adequate compensation. If, however, the statutory compensation under

the Act falls short, then PMU will provide additional funding to “top up” the

compensation as required. Hence, this provisional budget may require revision.

18. The earliest date for the availability of financial resources for the resettlement aspect of

the project is to be expected by June 2014. Hence, the earliest actual implementation of

the RAP may begin by January 2014.


NK-PKII-IKI Chapter 1-1

CHAPTER 1 INTRODUCTION

1.1 Background

Timor Leste has begun rebuilding its national infrastructure after years of suffering from

conflict and underdevelopment. Nationwide physical infrastructure development,

including road network development, is now recognized by the country as a top priority

to accelerate its economic opportunities and in order to reduce poverty. Given the

emphasis on nationwide development of road infrastructure, the Government of Timor-

Leste has planned to upgrade the 116 km A-01 National Road No. 1 under the Upgrading

Project Dili–Bacau Section, with financial support from the Japan International

Cooperation Agency (JICA).

The Ministry of Finance (MOF) is the project executing agency (EA) and the Ministry of




The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of the Dili-

Bacau section. With a length of about 57.6 km. it is a strategically placed road to link the

districts of Dili and Bacau which may further help improve area’s business transactions in

the future.

The strategy for the project is to minimize land requirements by confining the project’s

construction works within the existing road corridor to the extent possible. However, it

will inevitably be necessary to acquire some land and other assets for the widening and

raising of road embankments which will cause involuntary resettlement impacts. To

address these resettlement impacts, the present draft Resettlement Action Plan (RAP) for

the Dili–Manatuto Section has been based on the impact survey, census, socioeconomic

survey of the affected persons (AP), as well as consultations with the AP population and

various stakeholders. The physical implementation of improvement works includes the

widening of the existing road to achieve a width of 10-12 m, 6 m wide carriageway, and

1-2 m wide shoulder on each side. The improvement works will also include drainage

construction. The strategy for the project is to minimize land requirements by confining

the construction works within the existing road corridor to the extent possible. The

strategy also includes some compromise on reducing the embankment width even to 2 m

at certain sections of the road stretch. To address these resettlement impacts, the present

draft Resettlement Action Plan (RAP) has been formulated in conformity with JICA’s

safeguard requirements on involuntary resettlement under the Safeguard Policy

Statement, adhering to the resettlement principles and procedures outlined in the

Resettlement Framework (RF), adopted by the Government of Timor-Leste for the Road


The Ministry of Finance as the project executing agency and the Ministry of Public

Works (MPW) as the implementing agency will follow the RF principles and procedures

to comply with the Government‘s applicable laws and regulations and relevant policies of

JICA. The objectives are as follows: (i) avoid resettlement impacts wherever possible; (ii)

minimize impacts by exploring alternatives; (iii) enhance or at least restore the living

standards of APs; and (iv) improve the living standards of the poor and vulnerable APs.



Land acquisition and resettlement for the project will be carried out in conformity with

the Expropriations Act (2012). For acquiring land and other assets, the project will follow

the provisions of the Act which provides for negotiated purchase as the first approach.

The Parliament of Timor-Leste has passed the Expropriations Act in consideration of the

land to be obtained for this project. Cadastral surveys will be conducted as part of this

process and impacts will be reassessed. Consequently, the estimates in the summary of

impact may have to be revised and updated.

1.2 Project Description

The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of the Dili-

Bacau section, with a length of about 57.6 km. It is strategically placed road to link

Dili-Bacau which may further help improve business transactions in the future. The

road line within the geographic coverage of the two districts is presented in Figure 1-1,

Dilli and Manatuto Project Location Map.

Figure 1-1 Project Location Map

The physical implementation of improvement works includes widening of the existing

road to achieve a width of 10-12 m, consisting of 6 m wide carriageway, and 1-2 m

wide shoulder on each side. The improvement works will also include drainage



strategy also includes some compromise on reducing the embankment width even to 2

m at certain sections of the road stretch. However, it will inevitably be necessary to

acquire some land and other assets for the widening and raising of the road

embankment which will cause involuntary resettlement impact.

57.6 Km



1.3 Objectives of RAP

This RAP attempts to define the practical procedures by which the Implementing

Agency (IA) will be able to obtain the required land and property from the APs and

address the potential resettlement impacts to be incurred by the project. The RAP shall

be in line with the applicable policy and legal framework of the government, ensuring

that the principles of the JICA’s policies on involuntary resettlement are applied. In this

process, the primary objectives of the RAP are as follows: (i) identify the project impact

on the community in terms of loss of land and other assets, as well as impact on

livelihood and income; (ii) outline measures to mitigate its adverse impacts; (iii)

provide an estimate for budgetary allocation for compensation of loss of assets and

resettlement benefits; and (iv) provide procedure for internal and external monitoring of

resettlement implementation.

The impacts are documented in the RAP, corresponding to the available engineering

design of the road alignment as of September 2013. It includes inventory of all the APs

who experienced the actual magnitude of impact on their land and other properties,

together with compensation for their losses.

1.4 RAP-Related Conditions

Project implementation works will be contingent in the compliance with the following

conditions:

� Approval of this RAP by the Government of Timor-Leste and JICA;

� Full disclosure of this RAP to the public;

� Full implementation of the compensation program described in this RAP including

the full delivery of compensation to the APs;

� External monitoring agency/consultant is in place; and

� ‘No objection signal’ offered by JICA for the commencement of physical works.



CHAPTER 2 SCOPE OF LAND RESETTLEMENT

2.1 Scope and Rationale for Land Acquisition/Resettlement

Upgrading Project for Dili–Manatuto Section will follow the road’s existing alignment

to the maximum extent possible to minimize resettlement impacts. The road upgrading

works will consist of earthworks which include road widening at areas where it is

considered absolutely necessary, retaining structures, drainages, bridges and pavements.

The road will be upgraded to all weather, asphalt-surfaced standard that will enable it to

carry loaded container trucks as a minimum. Upgrading of the road will affect

structures, small roadside businesses, trees (both fruit and timber), and cash crop plants

like coffee and banana. A total of 721 households will be affected by the project. In

order to understand the adverse social and resettlement impacts of the project

interventions, a 100% census combined with socio-economic survey was carried out in

May 2013, and again in September until October 2013 in order to make an inventory of

losses (IOL). The reason for carrying out the survey is for the development of a

baseline of socio-economic status of the households likely to suffer from project

implementation. A structured questionnaire (Appendix A) was used to collect details of

the affected families (AFs).

2.2 Measures to Minimize Land Acquisition Impact

Initially, the proposed widening of the road involved major impacts on land, structure,

trees, and other assets. In the subsequent efforts to avoid and minimize resettlement

impacts to the maximum extent possible, the project adopted a compromised strategy as

follows:

• Road adjusting within the available government-owned lands;

• Paying careful attention to the detailed design of the road to stay close to the

existing alignment as far as possible in order to avoid land acquisition impact;

• Realigning of the embankment to avoid existing structures or built-up areas if

possible; and

• Paying careful attention to the detailed alignment in the vicinity of sensitive cultural

features in order to avoid impacts upon them.

Following the above alternatives, a great extent of impacts on land, trees, and other

assets have been minimized. After reviewing the impacts and realigning the road

stretch, the number of affected households has been substantially decreased to 721

households. Table 2-1 shows the measures taken to minimize their settlement impact

along the road corridor.



Table 2-1 Measures to Minimize Resettlement

Magnitude of Impact

Mitigation

Measure

Total No.

of

Households

Total of

No. APs

Total Area of

Land (m²)

Total Area of

Structure (m²)

Total No.

of

Trees

721 4,125 104,572 2,669 3,387

Realignment

and width

adjustment

2.3 Summary of Impacts

The project has carried out an extensive exercise to minimize adverse resettlement

impacts. This approach shall affect in the resettlement impact of 721 households in

terms of their structure, land, and business. The total number of APs has been estimated

at 4144. An area of about 104,572 m2 of land and 2,669 m2 of structure will be affected

by the project. As much as 3387 trees will be affected. Also, there will be 62 m2 of crop

farming area that will be affected by the project with a total of 310 kg of loss in harvest.

Table 2-2 summarizes the whole resettlement impact of the project. The subsequent

Section 2-4 of this chapter details the losses in each category.

There are 3 types of utilities will be affected by project namely, 190 units of water

pipeline, 103 units of Steel Electricity Pole (SEP) and 113 units of Cocrete Electricity

Pole (CEP).



Number/Area of

Impact

1 Affected structure a. House 23 units



d. Fences 2 units

e. Livestock cages 3 units


2 Affected Land

Area Total Affected Land Area 104,572 m

2

Affected Land

Plot


b. Government Land 3 plot

c. Church Land 4 plot



c. Fruit trees 1,998 trees




Number/Area of

Impact







2.4 Impact Assessment

2.4.1 Impact on People

As mentioned in the previous section, a total of 7214 households will be affected by the

road upgrading project. Of these, 599 will be affected in terms of land, 23 in terms of

structure and 154 in terms of businesses (Table 2-3). A total of 4144 people will be affected,

with significant difference in gender ratio of household head i.e., 516 male AHs and 168

female AHs (refer to Table 2-4).

Table 2-3 Number of AH and AP on the Basis of Category of Impact

Category of Impact Affected Households (AHs) Affected Persons (APs)

Dili Manatuto Total Dili Manatuto Total

Total No. AHs and APs for Land Affected

383 216 599 2044 1313 3357

Total No. AHs and APs for House affected

17 6 23 103 39 142

Total No. AHs and APs for Businesses affected

77 72 154 513 571 1084

Total No. AHs and APs for fences and livestock

5 0 5 29 0 29

AHs will be compensated accordingly depending on the impact on their affected assets. The procedures and type of compensation are summarized on entitlement matrix (See Table 4-1).

2.4.2 Impact on Land

As mentioned in Section 2.3, a total area of 104,572 m2 privately owned land will be

affected by the project. There are 599 households that will suffer from loss of land,

with an average loss of 142.7 m2 per household (Table 2-5).

4 721 is the total number of affected household. These include AHs with affected land, affected land with structure above it and affected land with trees or crops above it.



Table 2-4 Detailed of Land Affected

District No. of

AHs

Average Area of Affected

Land,

per AH (m2)

Total Area of

Affected

Land

(m2)

No. of

AHs

Losing

Land,

100m2 or

less

No. of AHs

Losing Land, more than

100m2 but less

than

500 m2

No. of AHs

Losing Land,

more than 500 m2 but less

than

1,000 m2

No. of

AHs

Losing

Land, 1000 m2

and above

Dili 283 191 72,026 169 171 18 5

Manatuto 216 151 32,546 138 72 2 4

Total 599 176 104,572 307 163 20 9

About 100 AHs (sample respondents) were asked about their expectation on the

compensation of land. About 65% of respondent expecting to be compensated by cash

money, 6% expecting to be compensated by the land with the same size and quality, 5%

expecting to be compensated by job/occupation for their family and the rest 24% have

no idea about the compensation.

The detail procedures and type of compensation which consider the AHs expectation

obtain during interview and PCM are summarized on entitlement matrix (See Table

4-1).

2.4.3 Impact on Trees

A total of 3387 trees of different types will be affected (Table 2-6). Among these, 426

are classified as timber trees, 1998 as fruit trees and 963 as fruit-timber trees.

Depending on the time of implementation of land acquisition, the total number of trees

that will have to be removed will be greater.

Table 2-5 Impact on Trees

Fruit Trees Fruit and Timber Trees Timber Trees

Name of Tree Total Name of Tree Total Name of Tree Total

1. Aidak 1 1. Akadiru 2 1. Acacia 2

2. Aidila 15 2. Coconut 571 2. Ai ata 18

3. Anona 8 3. Ketapang 1 3. Ai teka 96

4. banana 1,334 4. Mango 142 4. Bamboo 21

5. Cassava 48 5. Palm 241 5. Jati 74

6. Guava 9 6. Tamarind 6 6. Kapas 35

7. Hudi 184 7. Palm 1

8. Jackfruit 1 8. Teka 101

9. Jambu air 6 9. Teka Filipina 26

10. Jambu Mete 1 10. Toteu 52

11. Jeruk 8





12. Nanas 24

13. Nuu 1

14. Palm 90

15. papaya 236

16. Sirsak 6

17. Sukaer 10

18. Sukun 3

19. Taui 13

Total 1998 Total 963 Total 426

Total No. of Trees: 3387

2.4.4 Impact on Crops

There are five types of crops that will be affected resulting to an annual yield loss of

around 310 kg (Table 2-7). Moreover, 12 m2 of Anona will be affected resulting to an

annual yield loss of around 25 kg of Anona production. Furthermore, 20.2 m2 of cassava

plants will be affected resulting to a 225 kg of annual yield loss of cassava production.

Table 2-6 Impact on Crops

Crops Affected Area (m

2)

Estimated Annual Loss in

Yield (kg)

Value ($)

Anona 12 25 27

Spinach 6 25 25.2

Cassava 20.2 225 251

Corn 12 20 21.2

Hudi 12 15 16

Total 62.2 310 340.4

2.4.5 Impact on Structures

Base on the measurement survey and PCM conducted in each project location, there are 26

AHs categorized as severely AHs and will be resettled and the rest 151 AHs categorized

as marginal AHs that shall be moved a little back to their own available land. (See Table 2-

7).

Table 2-7 Extent of Impact on Structure

Category of

AHs

Affected

House/

Residential

Affected

Residential-

commercial place

Kiosk Fence and

Livestock

Cages

Total

Severely AHs 18 8 0 0 26

Marginal AHs 5 2 139 5 151

Tot

al

23 10 139 5 177



About 64% of respondent expecting to be compensated by cash money, 13% expecting to be

compensated by the structure with the same size and quality and the rest 23% have no idea

about the compensation for their structure. The detail procedures and type of compensation

are summarized on entitlement matrix (See Table 4-1).

2.4.6 Impact on Income

Among the 177 affected structures, 23 structures are being used for residential

purposes, 139 are kiosks, and 10 are residential-commercial places, 3 livestock cages,

while the remaining 2 structures are fences. These residential structures are not rented

out; hence, there is no income from these structures. The average monthly income from

commercial structures is $682.97 (see Table 2-9).

Table 2-8 Usage and Income from Affected Structure

Use of Structure No. of Structures Average Monthly Income from

Structure ($)

Residential 23 0

Commercial (kiosk) 139 682.97

Residential-Commercial Place 10 615.00

Livestock Cages 3 183.33

Fences 2 0

Total 177 668.54

As mentioned earlier, there are 139 roadside business establishments which are actually

kiosks (temporary shops) operating within the project area. These kiosks are will likely

suffer losses due to the project. These structures will be affected for a limited period

during the construction of a particular section of the road only; more or less four months.

It is however assumed that these APs will resume their operation once the construction

of the road section is finished. Hence, these businesses will be disrupted only during the

construction period.

2.4.7 Gender Impact

Discussions were undertaken with the women and community people to understand the

current status and needs of women living in the sub-project area and the potential impact

of the project to them. The assessment has not brought forth any adverse impacts of the

project on women in particular. Rather, the project is anticipated to benefit them by

strengthening connectivity, accelerating new economic opportunities, and reducing

poverty which may help contribute to the improvement of the overall quality of life in

their area.



CHAPTER 3 SOCIO-ECONOMIC INFORMATION AND

PROFILE

3.1 Working Methodology

A 100% census of the APs combined with a sample of the socio-economic survey was

carried out in September until October 2013. The census helps provide requisite

details on the affected households (AHs), assess the magnitude of impacts, and identify

the required measures for mitigation of adverse impacts. Interviews were held with the

heads of the AHs and family members at their residences to collect socio-economic

information of the affected population. Structured questionnaire (Appendix A) was used

to collect details of the affected households.

Socio economic information and profile of AHs is analyzed base on the data of 684

AHs. About 37 data were not usable for socio economic due to unavailability of data.

Base on in-depth interview taken during survey, these 37 AHs are not living in the same

district and mostly live outside Timor Leste.

3.2 Demographic Characteristics of AHs5

3.2.1 Population of AHs

It has been mentioned earlier that the project will have an impact on a total of 721 AHs,

of which 516 are male and 168 are female (see Table 3-1).

Table 3-1 Population of AHs

No Description Number of AHs Percent (%)

1 Male 516 75

2 Female 168 25

Total 684 100

3.2.2 Age of AHs

As shown in Table 3-2, the majority of the affected population is within the age 18 to 50

which consist 89.9% of the total AHs.

Table 3-2 Age Distribution of AHs

Age Features of the AP No of AH* % of AH

Below 5 years 0 0.00

Between 5 and 18 years of age 0 0.00

Between 18 and 50 615 89.91

Between 51 and70 63 9.21

>70 years of age 6 0.88

Total 684 100

5 Demographic characteristic of AHs analyzed base on the data of 684 AHs



3.2.3 Education of AHs

Majority of the AHs (61.11%) are able to read and write, while 27.29% reached high

school or equivalent. The rest of the population have no formal education (9.1%) or are

university graduates (2.6%). See Table 3-3.

Table 3-3 Education of AHs

Level of Education No. of AHs % of AHs

No Formal Education 62 9.1

Able to Read and Write/Elementary School 418 61.11

High School Equivalent 186 27.29

University Graduate Equivalent/Higher Education 18 2.6

Total 684 100

3.2.4 Ethnicity of AHs

From the total of 684 AHs, 51.2% are galolen, 37.3% are mambae, and the remaining are

from ethnic groups of makasae, tetun, kemak, terik, wai-mua, and kairui. Almost all of

the surveyed AHs (99.7%) were found to be followers of Christianity.

Table 3-4 Ethnicity of AHs

Level of Education No.of AHs % of AHs

Galolen 350 51.2

Mambae 255 37.3

Makasae 66 9.6

Tet un 7 1

Others (kemak, terik, wai-mua, kairui) 6 0.9

Total 684 100

3.3 Characteristics of Households

3.3.1 Economic Profile of AH

Majority of the AHs (95.8%) have monthly incomes of about $500, while only 1% have

monthly incomes greater than $5000 (see Table 15).

Table 3-5 Monthly Income of Affected Families

Income Amount ($) Number of Families Percent (%)

Up to 500 655 95.8

Above 500 and below 2,000 18 2.6

Above 2,000 and below 5,000 4 0.6

Above 5,000 7 1.0

Total 684 100



Of the 684 AHs, 51% are officer of certain firm (private or government), 14% housewife

and the rest is businessman, trader, farmer, fisherman, retired, seller of forest product and

only 1.3% unemployed.

Table 3-6 Main Occupation of Affected Families

Type of Occupation Number of Families Percent(%)

Business/Trader/Entrepreneur 66 9.6

Driver 1 0.1

Farmer 35 5.1

Fisherman 58 8.5

Housewife 99 14.5

Laborer 17 2.5

Officer (Govt official/private/other) 355 51.9

Retired 9 1.3

Seller of Forest Products 35 5.1

Unemployed 9 1.3

Total 684 100.0

3.3.2 Quality of Life Indicators

Almost all AHs (99.9%) have access to electricity which is available for 24 hours a

day. Only one of the AHs has no electricity. There are 86.1% of the AHs that have

access to water supply.

Table 3-7 Water and Accessibility

Water Supply Percentage (%)

Have piped water supply 86.1

Have water supply from protected well 11.1

Have water supply from unprotected sources 2.8

Total 100

3.4 Economic Details of AHs

3.4.1 Poverty Status

The TLSLS 2010 defines the upper poverty line to be $26.68 per month per person and

the lower poverty line to be $21.53 per month per person. The calculation on poverty

status of AHs in Dili and Manututo are also based on the TLSLS 2010.

AHs in both Dili and Manatuto are relatively above the poverty line. Of the total AHs in

each district, only 20.2% are poor in Dili and 33.8% are poor in Manatuto. Table 3-8

below reflects the overall poverty scenario of these two districts.



Table 3-8 Poverty Analysis around the Project Area

District No. AHs No. APs

Average Income per

Month ($) Poor AH

AHs APs No Percent

Dili 415 2,374 481.77 142.62 93 20.2

Manatuto 269 1733 219.72 63.13 95 33.8

Source: IOL Survey on October 2013

The average monthly income of the AHs is found to be $481.77. The average number of

family members per AH is 5.61. Hence, the average income per month per person of the

AHs is $111.36.

3.4.2 Impact of Project on AH’s Livelihood

The project will cause some impacts on AHs’ livelihood in terms of loss of income.

There are 139 roadside business kiosks (small temporary shops), each of which will have

considerable losses. However, not all of the damages will be permanent. Apart from the

monthly income loss, there will be permanent loss of crops like corn and cassava along

with the loss of fruit and timber trees, as mentioned in Chapter 2.

Based on the overall criteria in selecting who are considered as part of the vulnerable

AHs, 240 are found to be vulnerable, of which seven are old men and two are

chronically ill. Among the 240 vulnerable AHs, 188 are declared to be vulnerable due to

their income level being below the living standard in Timor-Leste. Of all AHs, 71 will

lose 100% of their assets as follows: 59 kiosks, 10 housing structures, 1 residential-

commercial place (ruko), and the rest are cages and fences. The AHs, of whom 100% of

assets are lost, are counted as vulnerable since their assets will have to be relocated.

The 240 households who are considered as vulnerable will be provided with additional

special assistance as an additional compensation entitlement.

The project will have permanent impact on 104,572 m2 of land, which is 9.39% of the

overall land possessed by the AHs. There are 32 households who will lose more than

50% of their land holdings, 295 households who will lose between 10% and 50% of their

land, and 272 households will lose up to 10% of the overall land that they possess (refer

to Table 3-9).

Table 3-9 Loss of Land in Terms of Overall Land Possessed by the AHs

Impact on Land No. of Affected

Households

Loss up to 10% of land possessed by household 272

Loss of more than 10% but less than 50% of land possessed

by household

295

Loss of above 50% of land possessed by household 32

Total 599

In spite of these impacts on land, the project will have some significant positive impacts



on the AHs’ livelihoods. In the community consultation session, the following positive

impacts of the project on AHs’ livelihoods were identified by the local community

representatives:

i. Reduced travel time and cost for the AHs;,

ii. Increased pedestrian safety;

iii. Improved and much reliable bus services, ensuring safe and comfortable travel;

iv. Improved communication among sucos;

v. Employment opportunities during the construction phase of the road;

vi. Opportunities to sell goods to construction workers;

vii. Improved access to markets, schools, hospitals and other important social institutes;

and

viii. Increased land values due to enhanced accessibility

The local community, at the same time, finds the following few negative impacts on

their livelihood due to this project, apart from the loss of land, structure, and income:

i. Dust and noise during construction period affecting the daily life of local households;

ii. Increased chances for accidents due to increased traffic; and

iii. During the construction period, workers from outside will work in close proximity to

the local people. Hence, there may be chances of conflicts, unrests, abuse of

minors/women, and spread of sexually transmitted infection (STI) among the local

community.



CHAPTER 4 LEGAL POLICY FRAMEWORK AND

ENTITLEMENTS

4.1 Introduction

The RAP is based on JICA’s Guideline for Environmental and Social Consideration,

published April 2010, as well as the Timor-Leste’s applicable/domestic policy

instruments and laws. The RAP fits with the provisions of the Resettlement Framework

(RF) approved by the Ministry of Public Works, Government of Timor-Leste. The

following section deals with these policies with a comparison of the two policies and

subsequently deals with the entitlements and eligibility for compensation and other

resettlement entitlements.

4.2 Purpose and Objectives of Land Resettlement

The government proposes to widen the Dili-Manatuto Road in order to improve the

quality and safety of travel, and ensure greater economic and social benefits to the

people. The road upgrading project will be designed taking into account the social

safeguard policies of the funding agencies, which include avoiding and/or minimizing

resettlement impacts. However, this road improvement includes widening and

realignment and hence, it is likely to have some unavoidable impacts on land and other

assets. Such impacts include loss of land, structures, crops, trees, and other assets. The

census survey that was carried out along the 57.6 km road shows that the project will

have to acquire about 10.4 ha (104,572 m2) of land. A considerable number of families

will be affected involving 721 households along with 4144 affected persons.

4.3 Existing Policy and Legal Framework for Resettlement in Timor-Leste

Section 141 of the Constitution states that, “the ownership, use, and development of

land as one of the factors for economic production shall be regulated by law”. Section

54 of the Constitution covers the right to private property and provides for:

i. Every individual has the right to private property and can transfer it during his or her

lifetime or on death, in accordance with the law.

ii. Private property should not be used to the detriment of its social purpose.

iii. Requisitioning and expropriation of property for public purposes shall only take place

following fair compensation in accordance with the law.

iv. Only national citizens have the right to ownership of land.

The first land law of Timor-Leste was promulgated in March 2003 and was designed to

serve as an umbrella law for the rest of the land and property regime. The law defined

State property of private domain, established the Directorate of Land, Property and

Cadastral Survey (DLPCS) as a legal entity and defined its jurisdiction, and articulated

general rules concerning land tenure and property rights to be further developed by

ensuing legislation. Moreover, this law established a one-year period for both nationals

and non-nationals to register their land claims. Effectively Law No.1/2003 vests all land

that belonged to the Portuguese state, and all state property acquired or built by the

Indonesian regime, in the new state of Timor-Leste. However, there are uncertainties



over the boundaries of state land and overlapping claims of state and customary land

ownership. Furthermore, the law currently does not include any implementing

regulations.

A decree issued by the government in February 2011 which provides for the granting of

compensation to relocate unlawful occupants of state property based on humanitarian

considerations. The Ministry of Justice (MOJ) through ministerial statute establishes the

basis for calculating compensation. Another decree promulgated in July 2011 provides

for the granting of title certificates to landowners/persons in areas where cadastral

surveys have been completed (following the registration and verification of claims by

the government) and confirmed that the claims to land are undisputed. Among the

claims registered so far under the Ita Nia Rai program, some 92 percent of claims are

undisputed.

Four pieces of legislation relating to land have just received parliamentary approval:

• The Civil Code which forms the pillar of civil law in East Timor includes a section

that governs day-to-day land decisions such as the sale and lease of land;

• The Transitional Land Law sets the scene for all land issues in the future,

deciding who owns what land and in the case of conflicting claims, who has the

strongest right to the land;

• The Expropriation Law that allows the state to take land for "public good" for

example, to build ports and other infrastructure; and

• The Real Estate Finance Fund to provide compensation as determined under the

other laws.

There were no specific laws on involuntary land acquisition and compensation until the

end of 2011. When road works required land in the past, the government negotiated

with the owners or users (including squatters) on a case by case basis. According to past

practices, when land was required for project development, concerned parties under the

direction of local authorities (district and sub-district land property units and villages)

negotiated and reached an agreement on compensation rates, total compensation

amount, and the procedures or mechanism for compensation and transfer. Land

acquisition for public purposes is now governed by the provisions of the Expropriations

Act. Hence, the project will acquire land under the provisions of the Expropriations Act

(2012), which provides for negotiated purchase as the first approach. Only if

negotiations fail, will the government initiate “compulsory acquisition”.

4.4 JICA'S Guideline for Environmental and Social Consideration

JICA's Guideline for Environmental and Social Consideration (April 2010) aims to

avoid or minimize the impacts on people affected by a project, and to provide support

and assistance for those who lose their land and property, as well as for others whose

livelihoods are affected by the acquisition of land or restriction on land use.

Resettlement planning is designed to provide AHs with a standard of living equal to, if

not, better than that which they had before the project. The policy is guided by the

following principles:

• Involuntary resettlement is to be avoided or at least minimized;



• Compensation must ensure the maintenance or improvement of the AHs’ pre-project

living standards;

• AHs should be fully informed and consulted on compensation options;

• AHs’ socio-cultural institutions should be supported/used as much as possible;

• Compensation will be carried out with equal consideration of women and men;

• Lack of formal legal land title should not be a hindrance to assistance/rehabilitation;

• Particular attention should be paid to households headed by women and

vulnerable groups, such as indigenous people and ethnic minorities.

Appropriate assistance should be provided to help them improve their status;

• Land acquisition and resettlement should be conceived and executed as a part of the

project. The full costs of compensation should be included in the project costs; and

• Compensation/rehabilitation assistance should be paid prior to ground leveling and

demolition, and in any case, before an impact occurs.

The policy comprises three important elements as follows:

i. Compensation to replace lost assets, livelihood, and income;

ii. Assistance for relocation, including provision of relocation sites with appropriate

facilities and services; and

iii. Assistance for rehabilitation to improve or achieve at least the same level of well-

being with the project as without it.

A project’s involuntary resettlement category is determined by the category of its most

sensitive component in terms of involuntary resettlement impacts. The level of detail

and comprehensiveness of the resettlement plan are commensurate with the significance

of the potential impacts and risks.

4.5 Project Policy Framework and Entitlements

The legal and policy framework on resettlement in Timor-Leste has been compared

with the requirements of JICA and some gaps have been identified. The gap-filling

measures and resettlement policy principles for the project are as follows:

i. The Constitution gives the power to the state to expropriate land for public

purposes paying due compensation in accordance with the law. The

Expropriation Law has received Parliament’s approval. The government will

now be able to acquire land for road improvement under “eminent domain” or

involuntarily.

ii. A substantive amount of land in Timor is not registered. The government has

started issuing land title certificates in urban areas, which will help in

identifying land owners. In rural areas where most of the road sections will be

improved, the MOJ and DLPCS will identify and establish ownership claims

for the land parcels required for the project roads.

iii. The absence of an active land market in rural areas poses a challenge to

determine the market or replacement value of the affected land. Professional



valuation expertise under the PMU supported by JICA will assist the DLPCS

for the valuation of affected assets to determine fair compensation at

replacement cost to Ahs. Resettlement impacts will be minimized through

careful engineering design;

iv. AHs will be systematically informed and consulted during the entire process

of resettlement planning and implementation, including assessment of possible

impacts on their livelihoods, purchase of land/assets, determining

compensation/resettlement options, and socio-economic rehabilitation

measures. They will be informed of their rights and options and be invited to

participate actively in the identification of mitigation and rehabilitation

measures;

v. The AHs will be identified and recorded as early as possible in order to

establish their eligibility through a population record or census that serves as

an eligibility cut-off date, usually around the time of initial consultations, at

the sub-project identification stage, to prevent a subsequent influx of

encroachers or others who wish to take advantage of such benefits;

vi. Consistent with donor policies, eligible AHs are:

• Those with titles to land recognized on a legal basis;

• Those with no legal rights but have a claim to the land or assets, and are

recognized through a process identified in the RAP;

• Those who have no legal right or claim to the land they are occupying

before the cut-off date.

vii. Eligible AHs are entitled to compensation and livelihood rehabilitation

measures sufficient to assist them to improve or at least maintain their pre-sub-

project living standards, income earning capacity and production levels;

viii. In the consultation process, representatives of local governments, village

chiefs, other community leaders and civil society organizations such as non-

government organizations (NGOs) from the operational areas will be included.

The customs and traditions, as well as religious practices of all AHs, will be

respected and protected;

ix. The institutions of AHs, and, where relevant of their hosts, are to be protected

and supported. Physically displaced AHs will be assisted to integrate

economically and socially into host communities so that adverse impacts on

the host communities are minimized and social harmony is promoted;

x. Lack of formal legal rights to assets lost will not deprive any AP from

receiving compensation and payments for non-land assets and entitlements;

xi. Particular attention will be paid to the needs of vulnerable AHs. This group of

AHs may include those without legal or recognizable title to the land or other

assets, households headed by females, the elderly or disabled, and other

vulnerable groups, such as people living in extreme hardship, and indigenous

people that may be a minority in specific locations. Appropriate assistance



will be provided to help them improve their socio-economic status;

xii. The concerns of women will be identified based on gender disaggregated

socio-economic data, separate discussions on women’s concerns, and ensuring

adequate measures and budgetary allocations in the resettlement plan to

compensate and resettle them in a manner that does not disadvantage them. In

this effort, the assistance of national NGOs currently engaged in women’s

welfare will be sought;

xiii. Since there are no significant differences in cultural and socio-economic

identity among the different language groups, no specific adverse impacts are

anticipated to warrant separate indigenous peoples’ plans. To ensure that the

different language groups fully participate in planning and implementing

resettlement, discussions and reports will be prepared and disclosed

appropriately in the relevant languages. RPs will also include provision for any

special measures that may be required;

xiv. Resettlement planning decisions will be preceded by a social preparation phase

where consultations will be held with AHs community leaders, local

administrators, and NGOs to enhance the participation of these AHs during

negotiation, planning, and implementation;

xv. A valuation specialist will be provided under the PMU to assist the DLPCS to

have appropriate rates in place. Payment for physical assets, i.e., houses,

buildings and other structures, and non-physical assets such as lost income

from productive assets or jobs, will be calculated at replacement cost and

included in the RP;

xvi. AHs losing only part of their physical assets will not be left with a proportion

inadequate to sustain their current standard of living. Such a minimum size

will be identified and agreed upon during the resettlement planning process;

xvii. Land for land or asset for asset compensation is always the preferred method.

However, if insufficient land or assets are available, or if the affected people

have a preference and the resettlement impacts are considered to be minor and

do not undermine the livelihoods of AHs, cash payment at replacement costs

will be provided based on negotiation with AHs. For those experiencing severe

impacts (more than 10% of productive land severely affected people (i.e., AHs

experiencing significant impacts)), assistance will be given to identify and

purchase alternative land. Efforts will also be made to provide sustainable

livelihood restoration measures so that affected people can improve or at least

restore their standard of living to pre-project levels;

xviii. A grievance redress mechanism, linked with existing traditional formal and

informal systems and cognizant of cultural requirements, will be established

to solve resettlement related disputes and complaints from AHs;

xix. The full cost of land purchase and resettlement will be included by the

government in the project cost and adequate budgetary provision shall be

made available during implementation;

xx. All land purchase, compensation, resettlement activities will be satisfactorily

completed and the sub-project areas cleared of all obstructions before the



commencement of civil works; and

xxi. No works with resettlement impacts will be implemented before a RAP has

been prepared and approved in line with this RF. The general process for

preparing RPs include:

• Consultation with AHs relevant stakeholders, and whenever necessary,

assistance of relevant institutions to ensure effective consultations;

• Undertaking of a participatory inventory of losses (IOL), which will be

updated during a detailed measurement survey (DMS) following the

detailed design;

• Determination of replacement cost – for AHs losing assets (land, physical

assets, means of livelihood, or social support systems) will be

compensated and assisted to the APs, through adequate and satisfactory

replacement land, housing, infrastructure, resources, income sources, and

services, in cash or in kind, so that their economic and social

circumstances will be improved or at least restored to the pre-project

level. All compensation will be based on the principle of replacement cost

at current market value. When necessary, livelihood restoration programs

acceptable to the local community will be put in place to help people

improve, or at least restore, incomes to pre-project levels;

• Preparing a cost estimate and budget including the costs of compensation,

relocation and rehabilitation, social preparation and livelihood programs.

The budget will also include the costs for planning, management,

supervision, monitoring and evaluation, land taxes, land fees, physical and

price contingencies, and implementation of the RP;

• Inclusion of a grievance mechanism based on cultural practices and

agreeable to AHs; and

• Inclusion of a monitoring system - appropriate reporting and monitoring

and evaluation will be established as part of the resettlement management

system, which will be set out in the RAP.

4.6 Eligibility and Entitlements

This RP will apply to the Road Network Upgrading Project for implementing the Dili-

Manatuto sub-project. This will ensure that all persons affected by losing of land and

other fixed assets, will get the appropriate compensation, and rehabilitation assistance.

4.6.1 Cut-off Date and Eligibility

The cut-off date 13 October 2013 under the project is the date after which people will not

be considered eligible for compensation, i.e., they are not included in the list of AHs as

defined by the census. Normally, the cut-off-date is the date of the detailed measurement

survey. The cut-off date under the project has been set tentatively as on 13 October

2013. PMU/MPW will be informed about the cut-off day to inform the local

communities. People who will move into the project boundaries after the cut-off date will

not be entitled to any compensation. The following categories of affected persons will be

entitled to receive compensation for their losses:



� Those with titles to land recognized on a legal basis;

� Those with no legal rights but have a claim to the land or assets, and are recognized

through a process identified in the RP; and

� Those who have no legal right or claim to the land they are occupying before the cut-

off date.

Negotiated prices at replacement cost for land and other fixed assets, (houses, other

structures) crops, and trees will be adequate to replace losses.

While AHs with recognizable land rights/claims will receive fair compensation/price at

replacement rate for land, those without such rights will be compensated for assets

attached to land such as houses, kiosks, and other structures. They will also be entitled to

assistance for restoring their incomes. The AHs without legal title or legitimate claim

will be entitled to compensation for non-land assets only and other assistances.

Vulnerable persons and women-headed households will qualify for special assistance.

An entitlement matrix for the project is presented in Table 4-1. Each RAP will include a

detailed entitlement matrix identifying the following main components:

� Description of impact (permanent, temporary, land, structure, crops, access,

employment, business, communal facilities, public buildings and utilities, etc.;

� Nature of impact (right of way, access for construction, partial or total loss,

ownership, impact on income, etc.);

� Definition of affected person for each category of impact;

� Specific entitlement for each type of loss; and

� Agency responsible for each entitlement.

Where public buildings such as schools, clinics, electricity lines, water supplies, markets,

and government offices are affected, PMU will work with relevant authorities to plan for

replacing them well in advance and ensure that the required funds are included in the

resettlement budget. Churches and religious structures will be compensated at

replacement value.




Type of Loss Unit of

Entitlement Details of Entitlements Responsibility

Permanent loss of homestead and commercial

land

Title holders/

claimants

Compensation for the loss of residential land at negotiated price ensuring replacement cost

Compensation for the residential structure (part or full) at replacement rates without depreciation

Transitional allowance for a maximum of 9 months at $100 per month, if the residual land is not viable (land acquired is 75% or

more of the total land holding of the title holder); or, for 3 months if the residual land is viable

If the household is vulnerable,

transitional allowance will be for 12 months.

All fees, taxes, and other charges, as applicable under relevant laws

incurred in the relocation and resource establishment are to be borne by the project.

Landless/vulnerable APs will be

assisted to find alternative land/plot.

PMU in coordination with

MOJ/DLPCS, Ministry of Finance, with assistance from valuation specialist, local authorities and community

leaders.

Permanent loss of residential/commercial

structures of owners/claimants

Owners of structure

Compensation for house/structure(s) at negotiated price ensuring replacement value

Transitional assistance to cover a maximum of 9 months rental accommodation; if the household is vulnerable, transitional allowance will be for 12 months

One-time lump sum shifting allowance of $200 for temporary, semi-permanent, and permanent structures

Right to salvage materials from the demolished structure

Vulnerable APs will be provided a one-time rehabilitation grant in the form of productive assets.


Ministry of Finance, with assistance from valuation

specialist, local authorities and community leaders.

Assets of

squatters or informal settlers

Informal

settlers/squatters/ non-tilted AHs identified by IOL losing

Commercial semi-permanent structure

Compensation at replacement cost

of affected structure

Estimated during IOL and finalized with DLPCS; Transitional allowance for loss of income from

business of $100 for 4 months per household

Salvaged materials which are free

DLPCS with

assistance from the PMU’s Valuation Specialist and

in consultation with relevant authorities will finalize



Annual/Seasona

l crops

Household Compensation at market value of

crops for 3 years, plus a $100 assistance grant for the purchase of seeds for the next season

PMU with

assistance from relevant government ministries and

valuation specialist

Tree Claimant of the affected

tree

Compensation at replacement cost of affected tree estimated during

IOL and finalized with DLPCS

Salvaged materials which are free of cost

DLPCS with assistance from

PMU’s Valuation Specialist in consultation

with relevant authorities will determine the fair


Income from business

Kiosks One-time lump sum transfer grant of $100 per kiosk


PMU in coordination with DLPCS and with

assistance from the local authorities and community

leaders

Impact on Vulnerable AHs

Vulnerable and women-headed households

identified by IOL

In addition to the above standard package, vulnerable AP households will receive the following:

Additional special assistance of

$100 for two more months for vulnerable household

PMU with assistance from the local authorities and

community leaders

Unforeseen Impact

Concerned persons affected

Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework.

PMU identifies and mitigates impacts as required.



CHAPTER 5 PARTICIPATORY CONSULTATION AND

DISCLOSURE

5.1 Stakeholders

This RAP has been prepared in consultation with key local and national stakeholders.

Table 5-1 summarizes the consultations that have been undertaken in preparation for the

RAP. Importance was given to consult the leaders of local communities, particularly the

suco/village and aldeia/hamlet chiefs, along the project road corridor to receive their

support for the project. Most importantly, attention was given to the directly affected

persons and their community to understand their attitude towards the project design and

benefits, their expectations, and to create awareness among the affected population

regarding their entitlement, compensation payment procedures, and grievances redress

mechanism. In the process of considering mitigation measures, their suggestions have

been taken into account to avoid negative impacts to the possible extent.

The main issues concerning the project impacts and AP’s expectation and their

suggestions on mitigation measures appeared more or less similar. The key local and

national stakeholders that were consulted on the project include:

� Local individuals and communities;

� Special interest groups (women, farmers, small traders, landless);

� Government authorities and public sector agencies;

� Non-government organizations (NGOs); and

� Financing agency and other international development agencies.

5.2 Key Issues

Consultations, especially at suco and aldeia levels, were dominated by questions and

concerns relating to the land ownership issue, negotiated compensation for land and other

assets lost, and impacts on livelihoods, impact on religious and cultural sites, and on

services. The key issues that were frequently raised in the consultation are summarized as

follows:

� Land purchase, negotiated compensation and livelihood

� The methods that will be used to determine compensation values for land,

structures and other assets; responsibility for compensation determination

(MPW/PMU, DLPCS, valuation expert, supervision consultants or a compensation

committee); whether compensation rates (e.g., for land) will be at the current

market prices;

� Fate of people who have no legal right to the land on which they have settled,

whether they will be entitled to compensation for land, and for other losses, e.g.,

houses, crops, trees;

� Compensation for the houses that will be affected only in part;

� The method of compensation disbursements; timing of when compensation

payments will be made;



� Loss of employment to shop and business employees; no possible guarantee

that the same employees will be able to get the same job in a relocated business;

� Use of middle men/agents in compensation payments.

� Services and religious/cultural sites

� Impact on existing religious sites, such as church and cemetery, and how they

would be treated;

� Impact on existing electric supply.

� Employment opportunities

� Assurance of employment opportunity for the affected and local people during road

construction works.

5.3 Community Attitude

Many people anticipated that the project could lead to substantial development and the

improvement of infrastructure, services and facilities in the area. The project has been

seen as an opportunity to develop the region and its people. In the consultation meetings,

almost all participants responded by stating that the project is necessary for improving

connectivity, creating jobs, increasing agricultural productivity and reducing poverty.

In the survey stage, the people likely to be directly affected were supportive of the

project, participating in the consultation process through responding to various surveys.

They also expressed their support to the project with the expectation of getting fair

compensation for their affected assets.

Both in the course of consultations and survey period, the participants and likely AHs

were asked about their preference on the type of compensation for their affected property.

In all the meetings, almost all the respondents preferred cash compensation for the loss of

their land, structures, trees, and other assets.

Table 5-1 Summary of Stakeholder Consultations

Stakeholder

Category

Activities Undertaken

National Level Consultation with:

Project and Financial Manager, PMU, MPW Chief Technical Adviser, PMU, RNUSP

Director, National Statistics Directorate, Ministry of Finance, Timor-Leste

Project Consultants

District Level Consultation with:

(i) Vice District Administrator, Dili-Manatuto

(ii) Sub-district Administrators

(iii) Representatives of government departments: DLPCS in Sub-districts

Suco/Village Chief Consultation with the suco chiefs in the project area (Camea, Hera, Sabuli, Duyung, Umakaduak, Sau, and Ailili)

Aldeia/Hamlet Chief Consultation with concerned chiefs of aldeias



Stakeholder

Category


Suco/Villages Consultation meetings held in the sucos

Individual Households Interviews with the AHs

Special Interest

Groups

Discussions with specific groups of project-affected people including women, small business traders, and coffee growing farmers

Other International

Agencies

Social analyst, JFPR,Timor-Leste

Consultation meetings were held at the suco/village/sub-district level along the existing

road corridor, which involved almost all AHs as participants (702 participants). Photos of

consultation meetings are given in Appendix C. The minutes and participant lists of

public consultation meetings are given in Appendix E.

Table 5-2 Consultation Meetings

Sl No.

Date Time Venue (Suco/Sub-District))

No. of Participants

1 12 Sept 2013 10:00 AM Suco Sau; Sub-District Manatuto 82

2 12 Sept 2013 15:00 AM Suco Ailili; Sub-District Manatuto 60

3 13 Sept 2013 10:00 AM Suco Umakaduak; Sub-District Laclo 80

4. 16 Sept 2013 10:00 AM Suco Duyung; Sub-District Metinaro 210

5. 17 Sept 2013 10:00 AM Suco Sabuli; Sub-District Metinaro 80

6. 19 Sept 2013 10:00 AM Suco Camea; Sub-District Cristo Rei 80

7. 23 Sept 2013 10:00 AM Suco Hera; Sub-District Cristo Rei 110

Total 702

5.4 Disclosure

After the approval of the RAP by the MPW and JICA, a summary of the resettlement

action plan along with the entitlement matrix, including the list of AHs will be translated

into local language (Tetum/Portuguese) and will be disclosed to stakeholders, and

especially affected persons, by the MPW. This will be presented in the form of a

booklet/brochure (Appendix C) to enable the AHs and local communities to read it by

themselves and be aware of the project’s benefit/compensation available for the AHs, as

per provision in the entitlement matrix. MPW field staffs/consultants will distribute the

brochures through suco meetings and will explain the mechanisms and procedures and the

overall process of the compensation program. The RAP will be made available in the

MPW, as well as in the MPW’s field offices, Directorate of Land Property and Cadastral

Survey, offices of the district and sub-district administrators, offices of the suco chiefs

and aldeia leaders, as an official public document. The RAP will also be disclosed on the

JICA and MPW websites.



CHAPTER 6 GRIEVANCE REDRESS

6.1 Government Policy for Grievance Redress

The constitution of Timor-Leste and the Expropriations Act gives the right for its citizens

to be compensated if their property is used for public purpose. According to Section 54 of

the constitution, “requisitioning and expropriation of property for public purposes shall

only take place following fair compensation in accordance with the law”. As stated

earlier, the first land law of Timor-Leste was promulgated in March 2003 and was

designed to serve as an umbrella law for the rest of the land and property regime.

However, there are uncertainties over the boundaries of state land and overlapping claims

of state and customary land ownership. Further, the law currently does not include any

implementing regulation.

The Expropriation Law has received the parliament’s approval. The Government is now

able to acquire land for road improvement under an “eminent domain” or involuntarily.

Another problem with expropriation is that a substantive amount of land in Timor is not

registered. Also, the absence of an active land market in rural areas poses a challenge to

determine the market or replacement value of the affected land. As a result, the

government policy for grievance redress will not probably be adequate. Hence, the project

is proposing a grievance redress mechanism to address the grievances of the AHs.

6.2 Proposed Measures to Address Grievance

It is important to deal effectively with AHs’ concerns pertaining to resettlement impacts

such as compensation, rehabilitation, delays in payment, etc. To ensure this, a simple and

accessible, transparent, and effective grievance redress system shall be established.

The suco chiefs (village is suco), other elders, church leaders, and other recognized civil

society leaders will play a major role in the grievance redress process. On land matters,

the MOJ, assisted by DLPCS, will resolve any conflicts according to the provisions of the

Expropriations Act. Ita Nia Rai's experience with conflict resolution and dispute

mediation in property rights will be drawn upon as necessary to strengthen PMU’s

capacity in addressing land-related issues.

The project manager of the sub-project will be the focal point for receiving and resolving

any grievances of AHs.

AHs will not be liable for any costs associated with resorting to the grievance redress

process; any such costs will be reimbursed by the project.

The AP always has final recourse through Timor-Leste’s legal channels. However, every

effort will be made to avoid this. Should the AHs want to pursue legal recourse,

PMU/MPW with assistance from the PISC consultants will ensure that support is given to

the AP to prepare a case. The grievance address procedure is shown in Table 6-1.

Through public consultations and distribution of public information booklets, AHs will be

informed that they have a right to file complaints to the Grievance Redress Committee

(GRC) on any aspect of land acquisition compensation, or on any other related

grievances. It should be pointed out that this committee does not possess any legal

mandate or authority to resolve land issues, but rather acts as an advisory body or



facilitator to try to resolve issues between the affected household and the

MOJ/MPW/PMU. The GRC will review grievances involving all resettlement benefits,

relocation and other assistance. Any complaints of ownership or other suits, to be

resolved by judicial system, will not be resolved in the GRC.

One or more GRCs will be set up for the sub-project based on the local administrative

units (districts, sub-districts, sucos and aldeia) as well as to facilitate easy accessibility of

the AHs. The GRC would be the tool to ensure proper presentation of grievances,

impartial hearings, and transparent decisions. Established through a gazette notification

of the MPW, GRCs will work for any grievances involving resettlement benefits and

issues. The GRC will include at least one female member to participate in the hearings if

the aggrieved person is a female. The GRC is proposed to be composed of:

� Representatives of affected persons

� Representatives of the local administration (district/sub-district administration and chiefs of suco and aldeia)

� Representative from MPW-PMU/ESU

� Representative from DLPCS

� Representative of the PISC

Table 6-1 Grievance Redress Procedure.

Step Process Duration

1 AP submits grievance to the sub-project manager in person

2 Sub-project manager will try to address the issue. 7 days

If unresolved or if AP wanted to go directly to PMU

3 Sub-project manager shall take the grievance to thePMU/community liaison officer

Within 2 weeks of receipt of decision in step 2

4 Issue discussed at project liaison meeting 1 week

5 PMU/community liaison officer reports back to village/AP 5 days

If unresolved

6 AP take grievance to MPW Secretary of State Within 2 weeks of receipt of decision in step 5

7 Secretary of state refers the matter to an internal committee 2 weeks

8 Secretary of state reports back to AP 5 days

If unresolved or at any stage if AP is not satisfied

AP can take the matter to the appropriate court As per judicial system



6.3 Compensation Determination Procedure

Land for the project will be acquired by direct negotiation and shall be purchased from

the landowners, as provided under the Expropriations Act. Payment for physical assets,

i.e., houses, buildings and other structures, and non-physical assets such as lost income

from productive assets or jobs, will be negotiated with AHs with the assistance of the

Directorate of Land, Property and Cadastral Survey (DLPCS). The negotiated purchase

will offer adequate and fair price at replacement cost for land and/or other assets. To

ensure that any negotiations with AHs address the risks of asymmetry of information and

bargaining power of the parties involved, an independent external party such as NGOs

will be engaged to document the negotiation and settlement processes. The processes

applicable to such transactions are described in the following paragraphs. Compulsory

acquisition procedures will be initiated by MOJ, only if the negotiated purchase fails.

AHs will be well informed of their rights and entitlements regarding their compensation,

so that they can make an informed decision. Once the sub-project and its potential

impacts have been identified, and consultations take place, AHs will be informed of their

options. These consultations with AHs will provide details on the land required to

construct or facilitate the works, as well as some basic socio-economic information about

the AHs.

The PMU will obtain the views of the AHs as to whether they support the sub-project in

general and the proposed works specifically, as well as whether they are willing to discuss

the sale of land to the project through negotiation. In the event that the owner is not

willing to discuss the provision of land for use by the project, MPW has two options: (i)

invoke involuntary/compulsory land acquisition procedures, following an expropriation

mechanism and in compliance with the donors’ policy and RF; or (ii) not proceeding

with the particular works in respect to that piece of land.

Where the AHs are willing to discuss voluntarily providing/selling their land for the

project, the PMU will discuss and document the basis on which the land transfer will

proceed, including the agreed upon consideration or compensation. The PMU will ensure

that voluntary land settlement is in fact voluntary and that the people were not coerced or

pressured in any way. The criteria for eligibility for consideration of voluntary land

settlement will ensure that land is not under dispute or the subject of an unresolved land

claim.

Negotiated land settlements will be carefully documented. MPW will seek to obtain any

agreed legal documents between MPW, DLPCS, and the land owners that are negotiating

in selling their land. The legal documents will establish the obligations of each party to

the agreement. If the obligations have been agreed upon, the legal documents will be

signed by the different parties being the landowner(s), representative(s) of MPW, and

representative(s) of DLPCS.

As per provision of the RF for the project, PMU shall include an international safeguards

specialist who will verify the process, and documents the consultations and agreements

reached on behalf of the PMU. It is of utmost importance to verify that the AHs are fully

informed of the compensation payments that they are entitled to. A third party, such as a

non-government organization (NGO) or civil society organization (such as a church), will

provide independent validation that: (i) the consultations have been undertaken

meaningfully, freely, and in good faith; and (ii) the landowners have willingly given/sold



the land for the project works.

The established grievance redress mechanism, linked with the existing traditional formal

and informal systems and cognizant of cultural requirements, will support to solve any

disputes and complaints from AHs.

The MOJ and DLPCS will set up a committee under the Directorate and coordinate with

the PMU, with assistance of a professional valuation expert provided under the project, to

establish a basis for valuation of affected land and properties and other assets according to

the Expropriations Act.



CHAPTER 7 INCOME RESTORATION STRATEGY

7.1 Restoration of Income from Structure

According to the September-October 2013 Census and the subsequent impact mitigation

measure exercise, 721 households will be affected by the project. Of these, base on the

measurement survey and PCM conducted in each project location, there are 26 AHs

categorized as severely AHs and will be resettled and the rest 151 AHs categorized as

marginal AHs that shall be moved a little back to their own available land. These affected

households (AHs) are considered as vulnerable. Additional special assistance has been

included for the AHs in the resettlement budget. There are 69 other old AHs such as

owners of roadside kiosks (small temporary shops), who are also considered as

vulnerable, and will also be provided with additional special assistance. These ambulatory

vendors will also receive a lump sum transfer grant.

7.2 Restoration of Income from Business

There are 139 roadside business kiosks and ten residential-comercial place (house and

business place) which will be affected during the road construction period as discussed in

Chapters 2 and 3. A lump sum transitional allowance will be provided to these households

to compensate with the losses that the project will cause to them during the time that their

business were not in operation. Alongside these assistances, affected households will also

receive a lump sum shifting allowance. Also, AHs will receive a one-time rehabilitation

grant. Holders of small businesses who will continue after the completion of the road

construction are not suggested to be given alternative income generation training or

livelihood support.

7.3 Income from Crops and Trees

The project will have an impact on crops like coffee, banana, and cassava. Loss of these

crops will be compensated with a corresponding amount equal to its market value for

three years. In addition, a one-time compensation will be given as seed capital for the next

season crops.

The income lost from the impact on cutting timber trees will be compensated using timber

value at market price. Compensation for fruit and other trees will be made depending on

the species, current yield, and expected life.

The road construction will require several unskilled laborers for earthworks, road

embankment as well as other related works. PMU will encourage contractors to give

preferential employment on the affected persons, including affected women when

recruiting local laborers. Employment in the project construction will be an added source

of income in the income restoration process.



CHAPTER 8 INSTITUTIONAL FRAMEWORK

8.1 Institutional Setup

The PMU under the MPW will have the overall responsibility for implementing the sub-


and implement land purchase and resettlement, train counterpart staff and monitor

resettlement in the sub-project. To this end, an environmental and social unit (ESU) will

be established in the PMU, staffed by a national social safeguards specialist and an

international social safeguards specialist. The PISC consultant on the project will also

provide an international social safeguards specialist to work with the PMU on all

resettlement and consultation tasks.

The PMU/ESU will be responsible for all environmental and social aspects of the road

development work. On the social safeguards side, they shall manage all resettlement

activities. The following tasks enumerated below are its key functions:

• Planning, coordination, implementation and monitoring of land acquisition and resettlement;

• Conducting of consultations and ensuring that the affected people are well-informed on the resettlement and compensation;

• Coordinating with the MPW, MOJ and DLPCS and ensuring a prompt, adequate and timely compensation payment according to entitlements; and

• Monitoring and reporting resettlement activities.

A valuation specialist will be provided to assist the DLPCS in the valuation of property

and to have appropriate compensation in place. The international safeguard specialist at

PMU will assist in managing all resettlement activities including the process of reaching

adequate compensation. If the situation demands, PMU will engage an experienced NGO

that is active in the project area to assist in the process of consultation, negotiating

compensation, and resolving disputes.

8.2 Resettlement Implementation Structure

The institutional responsibilities of different agencies for implementation of resettlement

activities are shown in Table 8-1 below.

Table 8-1 Responsibilities of Agencies


Executing Agency (EA)

MOF/Implementing Agency (IA) MPW


• Directs the PMU


• Liaises with JICA




Project Management Unit

(PMU)/MPW





• Ensures that AHs are paid with compensation promptly,

adequately and effectively, in conformity with the Expropriations Act and the JICA’s Guideline for Environmental and Social Consideration

• Establishes a grievance redress system designed to deal effectively with complaints from AHs, in coordination with MOJ/DLPCS

• Ensures that effective monitoring of resettlement is conducted

and reported to funding agencies

• Ensures that the grievance redress system is effective when

addressing AHs concerns


• Liases with JICA on all matters relating to resettlement and submits regular reports

MOJ/DLPCS • Oversees and reviews the implementation effectiveness of land purchase and resettlement



• A valuation specialist will work with MOJ/DLPCS to prepare compensation values for land in compliance with the Expropriations Act

JICA • Review and approve all resettlement documentations as required under the respective policies of the government


• Provide international expertise in valuation to assist MOJ in preparing valuation tables for land acquisition

• Disclose RP on respective websites




CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING

9.1 Institutional Arrangements for Financing Resettlement

All funds required for land purchase and resettlement will be provided by the

government. The MOF/MPW will ensure that adequate funds are available for carrying

out resettlement according to the budgets prepared for the sub-project. The PMU will

coordinate on the allocation of funds, approval of payments and delivery of funds,

monitoring of progress, and reporting.

9.2 Budget Description

The entire resettlement for the road improvement project will require a total of $1,740,156

($1.7 million), out of which, $1,673,227 is for direct resettlement expense. The rest of the

budget is kept to meet the expenses for resettlement staff training, internal monitoring,

administrative expenses and contingency expenses. Table 9-1 below gives a summary of

the breakdown of resettlement expenses. The included cost items are in compliance with

the RF prepared for the project.

MOJ will work with PMU to conduct cadastral surveys for the lands to be acquired and

prepare valuation tables as provided under the Expropriations Act. PMU will ensure such

values conform to JICA on the requirements for compensation at replacement value.

Since the Expropriations Act provides for negotiated purchase in the first instance, it is

expected that AHs will get adequate compensation. If, however, statutory compensation

under the act falls short, then PMU will provide additional funding to “top up”


Table 9-1 Resettlement Budget

Item Quantity Unit Rate

($)

Amount

($)

Compensation for Land and Structure

Compensation for land other than those used for structures

104,572 m2 10 1,045,717

Compensation for permanent structures 669.31 m2 100 66,931

Compensation for semi-permanent structures 1,315.73 m2 80 105,258

Compensation for temporary structures 683.85 m2 80 54,708

Compensation for Crops

Anona 25 kg 1.08 27

Spinach 25 kg 1 25

Cassava 225 kg 1.12 252

Corn 20 kg 1.05 21

Hudi 15 kg 1.06 16

Cost for seed for next season 62.2 m2 (Lump

Sum)

50 3,110




($)

Amount

($)

Compensation for Trees, Fruit Trees

Big timber tree 331 pc 350 115,850

Teak wood tree 74 pc 50 3,700

Coconut tree 571 pc 25 14,275

Mango tree 142 pc 25 3,550

Timber tree with fruit 250 pc 100 25,000

Papaya 236 pc 7 1,652

Guava tree 9 pc 10 90

Bamboo 21 Groups 25 525

Banana 1334 pc 5 6,670

Other fruit trees 419 pc 100 41,900

Transitional Allowance and Grants

Transitional allowances for 9 months for vulnerable AHs losing 100% of their structure

71 No. 100 7,100

Transitional allowances for 3 months for AHs losing a part of their structure

106 No. 100 10,600

Shifting allowance for AH losing their structure

71 No. 200 14,200

One-time transfer grant for roadside

147 No. 100 14,700

Transitional allowance for 4 months for each roadside business

147 No. 100 14,700

Additional special assistance of $100 for additional 2 months for vulnerable HH

240 No. 100 24,000

Monitoring Expenses 12 Months 5,000 60,000

Compensation for Utilities

Steel Electricity Pole (SEP) 103 Pc 100 10,300

Concrete Electricity Pole (CEP) 113 Pc 150 16,950

Water Pipeline 190 Pc 60 11,400

Total Direct Cost 1,673,227

Administrative expenses, capacity building and training of ESU staff, internal monitoring and contingency

4% 66,929

Total Resettlement Budget 1,740,156

• Rates for structure, crops and trees are set based on standard price of Akte resultadu

kustu estumativa konaba auto estrada Dili-Manatuto-Barique on August 2013. The file is attached in the appendix of this RAP report.

• Rates for land are estimated on the basis of the present market value in the project area. About 240 AHs have been considered as vulnerable – seven are old men and two AHs are chronically ill. Among the 240 vulnerable AHs, 188 AHs are declared to be vulnerable due to their income level being below the living standard in Timor Leste (poor people). Of all AHs, 71 will lose 100% of their housing structure, while others will lose business income from kiosk during construction. The old woman AP will also lose income from kiosk for the period during construction of a particular section of the road.



CHAPTER 10 IMPLEMENTATION SCHEDULE

10.1 Institutional Arrangements

The implementation schedule of the resettlement plan broadly consists of land acquisition

and resettlement activities. Land required for the project will be acquired under the

regulation of the Expropriation Act (2012) and handed over to the Implementing Agency.

The Implementing Agency will initiate the process of land acquisition together with

concerned authorities. Thereafter, land free from all encumbrances shall be made

available to civil contractors by the Implementing Agency. The timeframe for the

implementation of RP will be synchronized with the project implementation in a way that

the commencement and progress of civil works is not adversely affected.

PMU, with assistance from the PISC consultant, will be responsible for the preparation of

land acquisition (LA) proposal and submission to the AL authority, and placing of

requisite funds to the LA authority for land acquisition.

The ESU social safeguard team of PMU will receive training on land acquisition and

resettlement aspects and policies before the actual start of the implementation of the

resettlement plan. The PISC consultants in coordination with the PMU and with

assistance from experienced NGOs/consultants will organize this training program.

MPW/PMU will begin the implementation process of RAP immediately after its approval

by JICA. Grievances or objections (if any) will be redressed as per grievance redress

procedures adopted in this RAP. The steps for the delivery of compensation for all

eligible AHs/APs will be the following:

i. Preparation of invoices:

Invoices for each of the eligible AHs/APs will be prepared by PMU. This document entitles each of the AHs/APs to receive the amount indicated in the invoice.

ii. Delivery of money to local banks:

Money from MPW/MOF will be remitted to a bank in Dili City. A bank account will be opened by the PMU to deposit the amount of compensation on behalf of the AHs/APs.

iii. Payment:

Each AH/AP will receive a cash/check for the whole amount of compensation from the PMU. The AH/AP shall sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claims over the affected property. A photograph shall be taken with the AH/AP receiving the compensation as record of proof and as part of project documentation.

iv. Identity of person:

At the time of receiving the compensation cash/checks, AHs/APs will present their National Identity Card (NIC). The NIC is the basic document of the Timor-Leste’s national for establishing the identity of a person. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC.



10.2 Implementation Schedule

A timeframe of seven months has been considered for the implementation of

resettlement plan. Table 10-1 presents the implementation schedule of the RAP. The

earliest date for those financial resources for the resettlement aspects of the project are

expected to be available is during February 2014; hence, the earliest actual

implementation of the RAP particularly delivery of compensation may begin during

March 2013. However, sequences may sometimes change due to circumstances beyond

the control of the project.



Table 10-1 Implementation Schedule of the RAP

Activities Nov 2013 Dec 2013 Jan 2014 Feb 2014 March 2014 April 2014 May 2014

1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

Preparation of draft RAP

Submission of RAP to MPW/JICA for review/ approval

Update of the RP and submission of revised RP to MPW/JICA for review/approval, addressing the comments

Allocation of resettlement fund

Translation of RP into Tetum/Portuguese language

Disclosure of approved RP

Distribution of Information Booklet

Preparation of Vouchers

Delivery of Compensation to APs

Dispute/objections (complaints and grievances)

Internal monitoring and reporting to JICA

National Road No. 1 Upgrading Project Resettlement Action Plan (RAP) The Government of Democratic Republic of Timor-Leste Updating on Package A01-01


CHAPTER 11 MONITORING AND EVALUATION


Implementation of the RAP will be monitored both internally and externally to provide

feedback to PMU/MPW and to assess its effectiveness. Evaluation of the resettlement

activities will be resorted after the implementation of the RAP to assess whether the

resettlement objectives were appropriate and whether they were met specifically, whether

livelihoods and living standards have been restored or enhanced. The evaluation will also

assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as

a guide to future resettlement planning.

11.2 Internal Monitoring

Internal monitoring of all resettlement tasks, consultation tasks and reports to JICA will

be conducted by the Environmental and Social Unit (ESU). The ESU is established in the

PMU, and is assisted by ESU national and international social safeguard specialists.

Internal monitoring will include reporting on progress in the activities envisaged in the

implementation schedule with particular focus on public consultations, land purchase (if

required), determination of compensation, record of grievances and status of complaints,

financial disbursements, and level of satisfaction among APs. Potential indicators for

internal monitoring are briefed in Table 11-1 below.

Table 11-1 Internal Monitoring

Monitoring Issues Monitoring Indicators

Budget and Time Frame Have all safeguard staff under ESU been appointed and mobilized for field and office work?

Have the capacity building and training activities been

completed?

Are the resettlement implementation activities being achieved in accordance to the agreed upon implementation plan?

Are funds for resettlement being allocated on time?

Have the PMU received the scheduled funds?

Have funds been disbursed according to RP?

Delivery of AP Entitlements

Have all APs received entitlements according to the numbers and categories of loss set out in the entitlement matrix?

How many affected households relocated and built their new structure at the new locations?

Are income and livelihood restoration activities being implemented as planned?

Have the affected businesses received the appropriate entitlements?

Consultation, Grievances and Special Issues

Have resettlement information brochures/leaflets been prepared and distributed?

Have consultations taken place as scheduled including meetings, group gatherings, and community activities?

Have any APs used the grievance redress procedures? What were the outcomes?

Have the conflicts been resolved?




Benefit Monitoring What changes have occurred in the patterns of occupation as

compared to the pre-project situation?

What changes have occurred in the income and expenditure patterns as compared to the pre-project situation?

Have APs income kept pace with these changes? What changes

have occurred for vulnerable groups?

11.3 Reporting

Resettlement monitoring reports will be sent to JICA along with regular progress reports

semi-annually. The monitoring reports will be posted on the JICA website. Relevant

information from these reports will be disclosed in the project areas and shall be available

in local languages.


Appendix

APPENDIXES


Appendix A A-1

APPENDIX A

PRICE LIST RFERENCE


Appendix A A-2


Appendix A A-3


Appendix A A-4


APPENDIX B

INVENTORY OF LOSSES QUESTIONNAIRE


Appendix B B-1

B.1 Census Questionnaire


Appendix B B-2


Appendix B B-3


Appendix B B-4

B.2 Social Questionnaire


Appendix B B-5


Appendix B B-6


APPENDIX C

DRAFT PUBLIC INFORMATION BOOKLET

THE NATIONAL ROAD NO. 1 UPGRADING PROJECT DILI–

MANATUTO

LAND ACQUISITION, RESETTLEMENT AND COMPENSATION


Appendix C C-1

1. INTRODUCTION

The Japan International Cooperation Agency (JICA) is providing financial

assistance to the Republic Democratic of Timor-Leste (RDTL) for improvement of road

infrastructure under the Road Network Upgrading Project (RNUP). The project includes

upgrading and improving the Dili–Manatuto section, a part of the Dili-Baucau section

which has a length of about 57.6 km. As per requirement of the applicable laws of

Timor-Leste including the Expropriation Act, complying with JICA's Guideline for

Environmental Social Consideration on involuntary resettlement, and in conformity with

the resettlement principles and procedures outlined in the Resettlement Framework (RF)

adopted for the project, the Ministry of Public Works (MPW) has prepared a

Resettlement Action Plan (RAP) to deal with the resettlement impact due to project

intervention. The RAP describes the provisions established to address these impacts and

the modalities for compensating the affected families (including compensation rates,

special allowances and schedules). The RAP for the project will be disclosed and made

available to the public at the local MPW and district administration offices in the areas

affected by the project. The PMU will also make this RP available to the public at the

MPW headquarters in Dili.

PMU has prepared this information booklet summarizing the main provisions of the

RAP which will be distributed to all families affected under the project.

2. RAP Preparation Status

The RAP has been prepared based on the preliminary design as of August 2013,

drawing on the result of 100% survey of impact of the affected families (AFs),

associated with socio-economic information of affected households. The RAP also

details compensation entitlements and rates/modalities for each affected item. Finally,

the RAP explains how compensation will be distributed to the AFs and how eventual

complains will be handled. It also provides a schedule for the compensation program.

Contents of the RAP are summarized in the following sections.

3. Project Location

The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of Dili-

Bacau section, with a length of about 57.6 km. It is a road strategically placed to link

the districts of Dili and Bacau, which may further help to improve the area’s business


4. Resettlement Impact

The strategy for the project is to minimize land requirements by confining the

construction works within the existing road corridors to the possible extent. However,

it will inevitably be necessary to acquire some land and other assets for widening and

raising of the road embankment which will cause involuntary resettlement impacts. To

address these resettlement impacts, the present draft Resettlement Action Plan (RAP)

for the Dili–Manatuto section has been based on the impact survey, census, and socio-

economic survey of the affected persons (AP), as well as from consultations with the


Appendix C C-2

AP population and various stakeholders. The RAP preparation has been carried out in

line with JICA’s Guideline for Environmental and Social Consideration (April 2010)

requirements on involuntary resettlement and in conformity with the resettlement

principles and procedures outlined in the Resettlement Framework (RF) adopted by the

Government of Timor-Leste for the Road Network Upgrading Project.

The improvement of the Dili–Manatuto Section will involve the acquisition of land

and other assets. A combined census and socio economic survey carried out in June

2013 and again in September 2013 shows that the project will have to acquire about

104,572 m2 of land (10.4 ha), about 2669 m2 of structure and about 3387 trees of

different kinds along either side of the embankment. Combined with bamboo trees, the

estimated number of affected trees is expected to be greater. The total number of

affected households has been estimated at 721 along with 4,144 affected persons

(APs). A part from this implementation of improvement works with clearing off the

right of way land will cause resettlement impact involving the physical displacement to

71 households. A summary of impacts are shown in Table 1.

Table 1: Summary of Impacts


Number/Area of

Impact

1 Affected structure f. Houses/ Residential 23 units

g. Residential-commercial place * 10 units

h. Business place (kiosk) 139 units

i. Fences 2 units

j. Livestock cages 3 units


2 Affected Land


2

Affected Land

Plot

d. Private ownership 714 plot

e. Government Land 3 plot

f. Church Land 4 plot

3 Affected Trees d. Timber trees 442 trees

e. Timber and Fruit trees 963 trees

f. Fruit trees 1,998 trees



5 Affected Utilities d. Water pipeline 190 pcs

e. Steel Electricity Pole (SEP) 103 pcs

f. Cocrete Electricity Pole (CEP) 113 pcs



Appendix C C-3

5. Compensation and Entitlements

The following categories of affected persons will be entitled to receive entitlements as

set out in the RF, including any additional entitlements in line with the RAP:

• those with titles to land recognized on a legal basis;

• those with no legal rights but have a claim to the land or assets, and are recognized

through a process identified in the RAP; and

• those who have no legal right or claim to the land they are occupying before the cut-

off date.

APs will be compensated for lost assets at replacement price based on valuations

prepared according to the Expropriations Act. This is to ensure that compensation is

paid at replacement value. The costs in this RAP are preliminary estimates, based on

consultation with community leaders, affected persons, local authorities and NGOs.

Under the provisions of the Expropriations Act, cadastral surveys will be carried out

for all lands marked for acquisition. The MOJ and PMU will then prepare detailed

compensation amounts for all impacts identified.

Compensation and entitlements have been identified based on impacts and losses caused

before the eligible cut-off date. The established cut-off date for the project was set as on

13 October 2013, the date of commencing the census and socio-economic survey. APs

will be compensated for their losses as per entitlement matrix presented in Table 2.


Appendix C C-4

Table 2: Project Entitlement Matrix




homestead and

commercial land

Title holders/ claimants

• Compensation for the loss of

residential land at negotiated price

ensuring replacement cost

• Compensation for the residential

structure (part or full)

• At replacement rates without

depreciation

• Transitional allowance for a

maximum of 9 months, at $100

per month, if the residual land is

not viable (land acquired is 75%

or more of the total land holding

of the title holder); or, for 3

months if the residual land is

viable

• If the household is vulnerable,

transitional allowance will be for

12 months.

• All fees, taxes and other charges,

as applicable under relevant laws

incurred in the relocation and

resource establishment are to be

borne by the project.

• Landless/vulnerable APs will be

assisted to find alternative

land/plot.

PMU in coordination with MOJ/DLPCS, Ministry of Finance, with assistance from valuation

specialist, local authorities and community

leaders.


residential/

commercial

structures of

owners/ claimants

Owners of structure

• Compensation for house/

structure(s) at negotiated price


• Transitional assistance to cover a

maximum of 9 months worth of

rental accommodation; if the

household is vulnerable, transitional

allowance will be for 12 months

▪One-

timelumpsumshiftingallowanceof





Appendix C C-5

3. Assets of squatters

or informal

settlers

Informal

settlers/ squatters/ non-tilted APs

identified by IOL losing commercial semi-

permanent structure

• Compensation at replacement cost

of affected structure estimated

during IOL and finalized with

DLPCS Transitional allowance, for

loss of income from a business, of

$100 for 4 months per HH

• Salvaged materials which are free of

cost

DLPCS with

Assistance from the PMU’s valuation specialist and in consultation with

relevant authorities will finalize the compensation at replacement cost

for the affected structure as identified during IOL.

4. Annual/seasonal

crops

Household • Compensation at market value of

crops for 3 years, plus an assistance

grant of $100 for purchase of seeds

for the next season

PMU with assistance

from relevant government ministries and valuation specialist


• Compensation at replacement cost of

affected tree

• Estimated during IOL and finalized

with DLPCS

DLPCS with assistance from PMUs

Tree ▪ Salvaged materials which are free of cost

Valuation specialistin consultation with relevant authorities will determine the

fair compensation at replacement cost.

6. Income from

business

Kiosks • One time lump sum transfer grant

of $100 per kiosk; Transitional

allowance of $100 for 4 months per

HH

PMU in coordination with DLPCS and with assistance of

local authorities and community leaders

7. Impact on

vulnerable APs

Vulnerable

households headed by women as identified by

IOL

• In addition to the above standard

package, vulnerable AP households

will receive the following:

• Additional special assistance of

$100 for additional 2 months for

vulnerable HH

PMU with

assistance of local authorities and community leaders

8. Unforeseen impact Concerned persons affected

• Unforeseen impacts will be

documented and mitigated based

on the principles agreed upon in

this policy framework.


6. Resettlement Budget

A preliminary estimate for compensation for the Dili-Manatuto Road improvement

sub-project will require a total of $1,740,156 ($1.7 million), out of which,

$1,673,227will be spent on direct resettlement expenses while the rest is kept to meet

the resettlement staff training, internal monitoring, administrative and contingency

expenses (see Table 3). The included cost items are in compliance with the RF


Appendix C C-6

prepared for the project. A more detailed budget will be available after the cadastral

surveys are completed and valuations worked out by MOJ and PMU.

Table 3: Resettlement Budget


($)

Amount

($)



104,572 m2 10 1,045,717





Anona 25 kg 1.08 27

Spinach 25 kg 1 25

Cassava 225 kg 1.12 252

Corn 20 kg 1.05 21

Hudi 15 kg 1.06 16


Sum)

50 3,110







Papaya 236 pc 7 1,652



Banana 1334 pc 5 6,670




71 No. 100 7,100


106 No. 100 10,600


71 No. 200 14,200


147 No. 100 14,700

Transitional allowance for 4 months for each

roadside business

147 No. 100 14,700


240 No. 100 24,000


Appendix C C-7


($)

Amount

($)








4% 66,929




• Based on the overall criteria in selecting who are considered as part of the vulnerable AHs, 240 are considered as vulnerable – seven are old men and two are chronically ill. Among the 240 vulnerable AHs, 188 are declared to be vulnerable due to their income level being below the living standard in Timor Leste. Of all AHs, 71 will lose 100% of their housing structure, and the rest will lose business income from kiosks during construction. The old woman AP will also lose income from kiosks for the period during construction of a particular section of the road.

7. GRIEVANCE REDRESS

7.1. Government Policy for Grievance Redress

The constitution of Timor-Leste and the Expropriations Act give the right for its

citizens to be compensated if their property is used for public purpose. According to

Section 54 of the constitution, requisitioning and expropriation of property for public

purposes shall only take place following fair compensation in accordance with the law.

As stated earlier, the first land law of Timor-Leste was promulgated in March 2003

and was designed to serve as an umbrella law for the rest of the land and property

regime. However, there are uncertainties over the boundaries of state land and

overlapping claims of state and customary land ownership. Further, the law currently

does not include any implementing regulation.

The Expropriation Law has received a parliament’s approval. The Government is now

able to acquire land for road improvement under “eminent domain” or involuntarily.

Another problem with expropriation is that a substantive amount of land in Timor-

Leste is not registered. Also, the absence of an active land market in rural areas poses

a challenge to determine the market or replacement value of the affected land. As a

result, the Government policy for grievance redress will not probably be adequate.

Hence, the project is proposing a grievance redress mechanism to address grievance of

the APs.

7.2. Proposed Measures to Address Grievance


Appendix C C-8

It is important to deal effectively with AP concerns pertaining to resettlement impacts

such as compensation, rehabilitation, and delays in payment. To ensure this, a simple

and accessible, transparent and effective grievance redress system will be established.

The suco (village) chiefs, other elders, church leaders and other recognized civil

society leaders will play their roles in the grievance redress process. On land matters,

the MOJ with the assistance of DLPCS, will resolve any conflicts, according to the

provisions of the Expropriations Act. ITA NIA RAI’s experience with conflict

resolution and dispute mediation in property rights will be drawn upon as necessary to

strengthen PMU’s capacity in addressing land related issues.

The Project Manager of the sub-project will be the focal point for receiving and

resolving any grievances of APs.

APs will not be liable for any costs associated with resorting to the grievance redress


The AP always has final recourse through Timor-Leste’s legal channels. However,

every effort will be made to avoid this. Should the APs want to pursue legal recourse,

PMU/MPW with assistance from PISC consultants will ensure that support is given to

the AP to prepare a case. The grievance address procedure is shown in Table 4.

Through public consultations and distribution of the public information booklet, APs

will be informed that they have a right to file complaints to the Grievance Redress

Committee (GRC) on any aspect of land obtaining compensation, or on any other

related grievance. It should be pointed out that this committee does not possess any

legal mandate or authority to resolve land issues but rather acts as an advisory body or


MOJ/MOI/PMU. The GRCs will review grievances involving all resettlement benefits,

relocation, and other assistances. Any complaints of ownership or other suits, to be

resolved by the judicial system, will not be resolved in GRCs.


units (districts, sub-districts, sucos and Aldeia) as well as to facilitate easy accessibility

of the APs. The GRC would be the tool to ensure proper presentation of grievances,

impartial hearings, and transparent decisions. Established through a gazette

notification of the Ministry of Public Works (MPW), GRCs will work for any

grievances involving resettlement benefits and issues. The GRC will include at least

one female member to participate in the hearings if the aggrieved person is a female.

The GRC is proposed to be composed of :


� Representatives of the local administration (district/sub district administration and

chiefs of suco and aldeia)





Appendix C C-9

Table 4: Grievance Redress Procedure

Step Process Duration 1 AP submits grievances to the sub-project manager in

person.

2 The sub-project manager will try to address the issue. 7 days


3 Sub-project manager will take grievance to PMU/ community liaison officer.

Within 2 weeks of receipt of decision in Step 2

4 Issue will be discussed at project liaison meeting. 1 week

5 PMU/community liaison officer reports back to village/AP

5 days

If unresolved 6 AP take grievance to the MPW Secretary of State. Within 2 weeks of receipt

of decision in Step 5

7 Secretary of State refers matter to an internal committee.

2 weeks

8 Secretary of State reports back to AP. 5 days

If unresolved or at any stage, if AP is not satisfied

AP can take the matter to appropriate court. As prejudicial system

7.3. Compensation Determination Procedure

Land for the project will be acquired by direct negotiation and purchased from the land

owners, as provided under the Expropriations Act. Payment for physical assets, i.e.,

houses, buildings and other structures, and non-physical assets such as lost income

from productive assets or jobs, will be negotiated with APs with the assistance from

the Directorate of Land, Property and Cadastral Survey (DLPCS). The negotiated

purchase will offer adequate and fair price at replacement cost for land and/or other

assets. To ensure that any negotiations with APs address the risks of asymmetry of

information and bargaining power of the parties involved, an independent external

party such as NGOs will be engaged to document the negotiation and settlement

processes. Processes applicable to such transactions are described in the following

paragraphs. Compulsory acquisition procedures will be initiated by MOJ, only if

negotiated purchase fails.

APs will be well informed of their rights and entitlements regarding compensation, so

that they can make an informed decision. Once the sub-project and potential impacts

have been identified, and consultations take place, APs will be informed of their

options. Consultations with APs will provide details of land required to construct or

facilitate the works as well as some basic socio-economic information about the APs.

The PMU will obtain the views of the APs as to whether they support the sub-project

in general, the proposed works specifically and whether they are willing to discuss the

sale of land to the project through negotiation. In the event that the owner is not

willing to discuss the provision of land for use by the project, MPW has two options:

(i) invoke involuntary/compulsory land acquisition procedures following an

expropriation mechanism and in compliance with the donors’ policy and RF; or (ii)

not proceeding with particular works in respect to that piece of land.


Appendix C C-10

Where the APs are willing to discuss voluntarily providing/selling land for the project,

the PMU will discuss and document the basis on which the land transfer will proceed

including the agreed consideration or compensation. The PMU will ensure that

voluntary land settlement is in fact voluntary, and that people do not feel coerced or



claim.

Negotiated land settlements will be carefully documented. MPW will seek to obtain an

agreed upon legal document between MPW, DLPCS, and the land owners negotiating

on selling land. The legal documents will establish the obligations of each party

entering into the agreement. If the obligations have been agreed upon, the legal

documents will be signed by the parties being the land owner(s), representative(s) of

MOI, and representative(s) of DLPCS.

As per provision of the RF for the project, PMU shall include an international

safeguards specialist who will verify the process, and documents the

consultations and agreements reached on behalf of the PMU. It is of utmost

importance to verify that APs are fully informed of the compensation payments that

they are entitled to. A third party, such as a non-government organization (NGO) or

civil society organization (such as a church), will provide independent validation and

that: (i) the consultations have been undertaken, meaningfully, freely, and in good

faith; and (ii) land owners have willingly given/sold the land for the project works.

The established grievance redress mechanism, linked with existing traditional formal


disputes and complaints from APs.

The MOJ and DLPCS will set up a committee under the Directorate and coordinate

with the PMU, with assistance of a professional valuation expert provided under the

project. This will establish a basis for valuation of the affected land and properties and

other assets according to the Expropriations Act.

8. Contact Details for Inquiry

For further information about the project as a whole, and/or the RP for the Dili-

Manatuto Road under the Road Network Upgrading Project, please contact the

PMU/MPW at the address given below.

Project and Financial Manager


Road Network Upgrading Project

Ministryof Public Works

Dili, Timor-Leste

Phone:(+670) - 3311024/3311025


APPENDIX D

PUBLIC CONSULTATION MEETING


Appendix D D-1


Appendix D D-2


Appendix D D-3


Appendix D D-4


Appendix D D-5


Appendix D D-6


Appendix D D-7


Appendix D D-8


Appendix D D-9


Appendix D D-10


Appendix D D-11


Appendix D D-12


Appendix D D-13


Appendix D D-14


Appendix D D-15


Appendix D D-16


Appendix E E-1

APPENDIX E

LIST OF AFFECTED HOUSEHOLD

DILI - MANATUTO ROAD

ROAD NETWORK UPGRADING PROJECT


Appendix E E-2

Village : Camea

Sub-district : Cristorei

District : Dili

No Sta Village

Name Affected Land

Affected

Land Area Affected Structure

Affected

Structure

Area

1 64 Camea Domingos D S Private Land 217,6 House 8,7

2 0+820 Camea Joao M F Soares Private Land 53,82 n/a n/a

3 0+830 Camea Manuel C. Private Land 87 n/a n/a

4 0+900 Camea Igon X Private Land 96 n/a n/a

5 0+920 Camea Jose Martins Private Land 96,57 n/a n/a

6 0+930 Camea Isac X Private Land 142,5 n/a n/a

7 0+960 Camea Joao S Private Land 142,1 n/a n/a

8 1+120 Camea Domingos S Private Land 40,6 n/a n/a

9 1+130 Camea Domingos S Private Land 40,8 n/a n/a

10 1+140 Camea Manuel Soares Private Land 40,04 n/a n/a

11 1+160 Camea Domingos Soares Private Land 207,7 Kiosk 34,2095

12 1+190 Camea Armando Da Costa Private Land 153,4 n/a n/a

13 1+200 Camea Jose M C Baptista Private Land 99 House 14,7

14 1+240 Camea Jose M Private Land 200 n/a n/a

15 1+240 Camea Manuel D S Mendonsa Private Land 224,56 n/a n/a

16 1+540 Camea Alfonso M S Private Land 202,2 n/a n/a

17 1+600 Camea Venancio S Private Land 137,945 n/a n/a

18 1+640 Camea Francisco Private Land 151,5 n/a n/a

19 1+660 Camea Anonim Private Land 115,74 n/a n/a

20 1+700 Camea Manuel Sarmento Private Land 369,8 House 38,412

21 1+740 Camea Maria Corensa Private Land 192,4 n/a n/a


Appendix E E-3

22 1+830 Camea Filomena Ribero Private Land 138 n/a n/a

23 1+880 Camea Filomena Dos S Gomes Private Land 57,6 n/a n/a


25 Camea Dominggos Private Land 1,4 n/a n/a

26 1+840 Camea Marta Private Land 130 n/a n/a

27 0+800 Camea Domingos Carvalho Private Land 33,12 n/a n/a

28 0+750 Camea Afonso F Private Land 434,32 n/a n/a

29 20 Camea Elias L. Da Cruz Private Land 10,92 n/a n/a

30 0+145 Camea Adelina Da C Private Land 49,22 Kiosk 12,059

31 0+145 Camea Manuel F Private Land 16 n/a n/a

32 0+200 Camea Manuel Soares Private Land 19 Kiosk 7,75

33 0+200 Camea Francisco X. Private Land 16,8 House 5

34 0+220 Camea Venancio Private Land 5,61 n/a n/a

35 0+220 Camea Lino A. Fernandes Private Land 37,24 Kiosk 21

36 0+260 Camea Thomas S Private Land 17,4 n/a n/a

37 0+260 Camea Mario Soares Private Land 14,08 n/a n/a

38 440 Camea Eva M.E. Private Land 16,7 n/a n/a

39 0+115 Camea Jose Freitas Private Land 51,585 Residential-comercial place 51,813

40 0+120 Camea Lucio M Private Land 65,07 n/a n/a

41 0+130 Camea Aquilis P Private Land 15,8025 Residential-comercial place 15,8025

42 0+135 Camea Selina Dac Private Land 22,95 n/a n/a

43 0+20 Camea Paolo X Private Land 26,718 Kiosk 20,679

44 0+200 Camea Manuel Martinus Private Land 109,56 n/a n/a

45 0+200 Camea Joao Da Costa Private Land 30,6 Kiosk 1,65

46 0+250 Camea Fracisca A Private Land 42,108 n/a n/a

47 0+320 Camea Martinho Private Land 45,75 n/a n/a


Appendix E E-4

48 0+340 Camea Manuel Soares Private Land 19,68 n/a n/a

49 0+360 Camea Marcelino Da Silva Private Land 2,84 Livestock cage 2,8

50 0+360 Camea Elias Lopes Private Land 10,4 n/a n/a

51 0+400 Camea Marshal Ximeres Private Land 19,44 n/a n/a

52 0+420 Camea Dominggos B. Private Land 1,44 House 0,54

53 0+450 Camea Antonio D Private Land 30,84 House 10,2

54 0+460 Camea Amelia H Private Land 13,3 n/a n/a

55 0+470 Camea Andre DAC P Private Land 31,25 Kiosk 8,704

56 0+480 Camea Tomas Ximeas Private Land 15,47 House 18

57 0+480 Camea Salvadora T Private Land 8,4 n/a n/a

58 0+490 Camea Antonio J Private Land 5,896 n/a n/a

59 0+4900 Camea Jose D Private Land 13,965 Fence 5,8

60 0+500 Camea Osorio M Private Land 12 House 12

61 0+520 Camea Jose Henrique Private Land 24 n/a n/a

62 0+520 Camea Carligto MP Private Land 14,835 n/a n/a

63 0+520 Camea Alberto S Private Land 9,88 n/a n/a

64 0+530 Camea Agustinho D E Private Land 14,07 n/a n/a

65 0+540 Camea Roberto R DAC Private Land 22,8 n/a n/a

66 0+550 Camea Dominggos F Private Land 7,56 n/a n/a

67 0+550 Camea Paulo Mendes Private Land 8 n/a n/a

68 0+560 Camea Jose Dac Belo Private Land 26,73 n/a n/a

69 0+580 Camea Igido Freita Private Land 22 n/a n/a

70 0+590 Camea Vasco Da Gama Private Land 28,5 Residential-comercial place 7,8

71 0+650 Camea Joao Freitas Private Land 14 n/a n/a


73 0+80 Camea Manuel C Private Land 0 Kiosk 22,32

74 0+85 Camea Sancho P. Private Land 11,52 Kiosk 11,52


Appendix E E-5

75 0+90 Camea Maria S. Private Land 16,96 Kiosk 16,96

76 1+980 Camea Dominggos F Private Land 50,292 House 15

77 Camea Lorenca S. Private Land 7,308 n/a n/a

Village : Hera

Sub-district : Cristorei

District : Dili

No Sta Village

Name Affected Land

Affected


Affected

Structure

Area

1 4+740 Hera Jose Do C Da Cunha Government Land 20,32 n/a n/a

2 4+760 Hera Lucia Ds De Cm Private Land 12,54 n/a n/a

3 4+800 Hera Domingos Casmiro Private Land 13,3 n/a n/a

4 4+820 Hera Erenia DC Private Land 199,68 n/a n/a

5 4+860 Hera Domingos Soares Private Land 144 n/a n/a

6 4+900 Hera Abina Alves Private Land 100,8 n/a n/a

7 4+920 Hera Anonim Private Land 120 n/a n/a

8 4+940 Hera Azinha Private Land 97,92 n/a n/a

9 4+950 Hera Manuel Jaldanha Private Land 288 n/a n/a

10 4+950 Hera Tomas A Da Silva Private Land 0 Kiosk 9

11 4=980 Hera Amundu Private Land 490 n/a n/a

12 5+100 Hera Angelino DC Private Land 22,86 Kiosk 14

13 5+160 Hera Antonio C Dac Cardoso Private Land 27 n/a n/a

14 5+180 Hera Caitano Cardoso Private Land 38,52 n/a n/a

15 5+300 Hera Caitano C Private Land 108,54 n/a n/a

16 5+400 Hera No Owner Private Land 37,44 n/a n/a

17 5+50 Hera Anonim Private Land 81,6 n/a n/a


Appendix E E-6

18 5+500 Hera Filomeno Private Land 54 n/a n/a

19 9+500+20 Hera Estivan Leong Private Land 16 n/a n/a

20 Hera Jose Mesquita Private Land 277,2 n/a n/a

21 Hera Akasio Pereira Private Land 46,2 n/a n/a

22 Hera Jose Amati Private Land 63 n/a n/a

23 Hera Gereja Church Land 210 n/a n/a

24 08+400+30 Hera Agustinho Hornai Private Land 0 House 9

25 6+900 Hera Antoni Private Land 0 Kiosk 10

26 6+900 Hera Deolindo Private Land 40,5 n/a n/a

27 6+900+40 Hera Rafael Pires Da Costa Private Land 62,5 n/a n/a

28 7+800+30 Hera Apolinario Private Land 0 Kiosk 6

29 8+500+80 Hera Jonquin M Sola Private Land 63 n/a n/a

30 8+700+10 Hera Armindla Da Silva Private Land 0 Kiosk 12

31 Hera Akasio Private Land 0 Kiosk 2,49

32 Hera Antonio DS Private Land 0 Kiosk 6

33 Hera Pedro Private Land 0 Kiosk 6,6

34 Hera Antonio SC Private Land 0 Kiosk 8,8

35 Hera Manuel S Private Land 0 Kiosk 10,72

36 Hera Tomas PS Private Land 0 Kiosk 8

37 Hera Angelina Private Land 0 Kiosk 16

38 Hera Apolonia Private Land 0 Kiosk 18

39 Hera Felicimeno Private Land 0 Kiosk 10

40 Hera Helena Pinto Private Land 0 Kiosk 12

41 Hera Abel Da Costa Private Land 0 Kiosk 15

42 Hera Domingo B Private Land 0 Kiosk 18

43 Hera Paulina Freitas Private Land 0 Kiosk 20

44 Hera Cristina Private Land 0 Kiosk 16,25


Appendix E E-7

45 Hera Mariano Private Land 0 Kiosk 9

46 Hera Manuel Tilman Private Land 0 Kiosk 23,5

47 Hera Maria Da Silva Private Land 0 Kiosk 20

48 7+800+40 Hera Alexu Cabral Private Land 0 Kiosk 2,75

49 9+000 Hera Alexandre R Hornai Private Land 0 Kiosk 9,6

50 Hera Lorenca R Dasilva Private Land 168 n/a n/a

51 Hera Francisco DR Private Land 0 Kiosk 12

52 Hera Alcino Dac Private Land 0 Kiosk 15

53 09+000+80 Hera Ervina Castro Private Land 20 House 2

54 5+900+40 Hera Gaspas Medonca Private Land 0 n/a n/a

55 6+700+80 Hera Artur Private Land 16 n/a n/a

56 6+700+90 Hera Miguel BC Private Land 0 Kiosk 36,75

57 7+800+100 Hera Terejina Stela Private Land 0 Kiosk 20

58 7+800+80 Hera Luis Soares Private Land 0 Kiosk 3

59 7+900+10 Hera Sara Soares Private Land 0 House 12

60 8+100 Hera Emeliano Ramos Private Land 0 Kiosk 5,88

61 8+700+70 Hera Lucas Amaral Private Land 119 n/a n/a

62 Hera Ancleto M Private Land 0 Kiosk 15

63 Hera Luciana DS Private Land 0 Kiosk 12

64 Hera Amorino Da Costa Private Land 0 Kiosk 6

65 Hera Valenti Cardoso Private Land 0 n/a n/a

66 11 Hera Amaro A Private Land 279,18 n/a n/a

67 19 Hera Anonim Private Land 142,08 n/a n/a

68 24 Hera Agostinho N Private Land 33,25 n/a n/a

69 35 Hera Mateus A Fatima Private Land 91,26 n/a n/a

70 42 Hera Maria Da Silva Private Land 0,9 n/a n/a

71 64 Hera Rodolfo Monteiro Private Land 62,28 n/a n/a


Appendix E E-8

72 67 Hera Felizarda R D Private Land 165 n/a n/a

73 68 Hera Julio DS Private Land 161,7 n/a n/a

74 5+690 Hera Olimpia Smith Adam Private Land 598,56 n/a n/a

75 5+720 Hera Duarte Araujo Private Land 327,344 Kiosk 12,6

76 5+780 Hera Augusto Tilman Private Land 140,886 n/a n/a

77 5+800 Hera Antonio B C Private Land 126,9 n/a n/a

78 5+820 Hera Teresa F De Araujo Private Land 256,88 n/a n/a

79 5+820 Hera Franscisco T A Private Land 0 Kiosk 45,12

80 5+880 Hera Madalenada Private Land 268,95 n/a n/a

81 5+920 Hera Antonia D M Private Land 0 Kiosk 9,9

82 5+980 Hera Severino D C R Private Land 208,5 n/a n/a

83 6+130 Hera Mariana J Private Land 0 Kiosk 5

84 6+130 Hera Teresa S C Private Land 0 Residential-comercial place 10

85 6+200 Hera Julio H D C Private Land 89,1 n/a n/a

86 6+220 Hera Julio Sequeira Private Land 504,9 n/a n/a

87 6+250 Hera Nataliana S Goncalves Private Land 213,12 n/a n/a

88 6+300 Hera Jose R. D C Private Land 115,64 Kiosk 17,02

89 6+320 Hera Franscisco M Private Land 115,64 n/a n/a

90 6+400 Hera Antonia TB Private Land 106,02 n/a n/a

91 6+400 Hera Antonio A C Private Land 0 Kiosk 17,02

92 6+420 Hera Humberto B N M A Private Land 148,8 n/a n/a

93 6+450 Hera Paulo M Private Land 0 Kiosk 27,28

94 6+480 Hera Francisco DAC. G Private Land 89,032 n/a n/a

95 6+530 Hera Paulo Pinto Private Land 97,68 Kiosk 15,48

96 6+580 Hera Antonio F Private Land 32,2 n/a n/a

97 6+590 Hera Aleong PVC Private Land 55,2 n/a n/a

98 6+600 Hera Jose M Private Land 24 n/a n/a


Appendix E E-9

99 6+680 Hera Vitor De Costa Private Land 119,6 n/a n/a

100 6+720 Hera Flavia A Private Land 372,96 n/a n/a

101 6+820 Hera Filomeno E B Private Land 84 n/a n/a

102 6+840 Hera Unclear Status Private Land 7,36 n/a n/a

103 6+900 Hera Jesuita Ordo Private Land 474,74 n/a n/a

104 7+200 Hera Gasper DAC D J Private Land 79,9 n/a n/a

105 7+240 Hera Paulino Guterres Private Land 58,86 n/a n/a

106 7+260 Hera Amelia P A Private Land 35,88 n/a n/a

107 7+280 Hera Calistina MDS Private Land 110 n/a n/a

108 7+300 Hera Lucas Amarak Private Land 966,112 n/a n/a

109 7+320 Hera Virgilio C Private Land 0,92 Kiosk 0,92

110 7+330 Hera Palmira A Private Land 0 Kiosk 0,92

111 7+400 Hera Alberto Sarmento Private Land 1,35 n/a n/a

112 7+460 Hera Anacleto DC Private Land 1,5 House 20

113 7+520 Hera Joanico P D Private Land 6 Fence 20

114 7+550 Hera Rosito B Private Land 6 n/a n/a

115 7+550 Hera Fernando Godinho Private Land 0 Kiosk 7,2

116 7+570 Hera Eugenia L Private Land 14,94 Kiosk 14,94

117 7+620 Hera Luis Soares B M Private Land 22,344 Kiosk 7,98

118 7+680 Hera Santiago A Dos Sanos Private Land 0 Kiosk 4,8

119 7+690 Hera Luis Gomes Private Land 7,41 House 7,41

120 7+700 Hera Unclear Status Private Land 2 n/a n/a

121 Hera Miguel Dos Santos Private Land 6 House 15

122 Hera Domingas Soares Private Land 9 n/a n/a

123 Hera Tanah Kesusteran Carmel Church Land 85,88 n/a n/a

124 Hera Julietta De J Soares Private Land 291,2 n/a n/a

125 Hera Antonio Rei Maran Private Land 43,2 n/a n/a


Appendix E E-10

126 Hera Eduardo R X Private Land 35,28 n/a n/a

127 Hera Carlos G Pinto Private Land 456,96 n/a n/a

128 Hera Orlando S. D Private Land 38,114 n/a n/a

129 Hera Unclear Status Private Land 102,3 n/a n/a

130 Hera Unclear Status Private Land 201 n/a n/a

131 Hera Damianus S M Oliver Private Land 141,84 n/a n/a

132 Hera Jacinto Da Costa Private Land 22,3 n/a n/a

133 Hera Cementino Mertinus Private Land 122,14 n/a n/a

134 Hera Duarte Araujo Private Land 69,76 n/a n/a

135 Hera Jacinto Soares Private Land 66,6 n/a n/a

136 Hera Miguel Dos Santos Private Land 0 Livestock cage 9

137 Hera Manuel Pinto Private Land 0 Kiosk 9

138 Hera Hedriqueta Da S Marques Private Land 0 Kiosk 6

139 Hera Januario Guterres Private Land 0 Kiosk 10,5

140 Hera Jose S Marques Private Land 0 Livestock cage 10,5

141 Hera Maria Antonia Do Rego Private Land 0 Kiosk 4

142 Hera Panti Cacat Liman Hamutuk Private Land 0 House 50

143 Hera Aurora A Da Silva Private Land 39,82 n/a n/a

144 Hera Domingos V De Jesus Private Land 163,8 n/a n/a

145 Hera Antonio Do Rosario Sarmento Private Land 56 n/a n/a

146 Hera Manuel Kangeiro Private Land 16 n/a n/a

147 Hera Maria Ribeiro Da Costa Private Land 140,22 n/a n/a

148 Hera Carlos G Pinto Private Land 12 n/a n/a

149 Hera Abel S Das Gabriel Private Land 124,78 n/a n/a

150 Hera Maria Da S Soares Private Land 92,3 n/a n/a

151 Hera Eugenia Soares Private Land 56 n/a n/a

152 Hera Maria De Fb Calvario Private Land 51,15 n/a n/a


Appendix E E-11

153 Hera Santiago As Cardoso Private Land 595 n/a n/a

154 Hera Manuela Private Land 63,7 n/a n/a

155 Hera Rui Castro Private Land 16 n/a n/a

156 Hera Filomena X Da Costa Private Land 495 Kiosk 2,6

157 Hera Caklos DAC L Private Land 430 n/a n/a

158 Hera Samuel Grandero Private Land 115 n/a n/a

159 Hera Simau Pedro Private Land 16 n/a n/a

160 Hera Anonim Private Land 0 n/a n/a

Village : Duyung

Sub-district : Metinaro

District : Dili

No Sta Village

Name Affected Land

Affected


Affected

Structure

Area

1 572104021 Duyung Osca Dos Santos Private Land 250 n/a n/a

2 26+400+80 Duyung Jose Dos Santos Private Land 250 n/a n/a

3 26+600+40 Duyung Joao Pereira Private Land 250 n/a n/a

4 26+700 Duyung Maria Lin Private Land 250 n/a n/a

5 Duyung Ricardo Dos Sentos Private Land 334,8 n/a n/a

6 Duyung Aida Maria Dos Santos Private Land 612 n/a n/a

7 Duyung Antoni Alberto C Private Land 448 n/a n/a

8 26+200+20 Duyung Jefa Do Santos Private Land 250 n/a n/a

9 26+200+80 Duyung Jaime M Freitas Private Land 250 n/a n/a

10 26+300+20 Duyung Selestino Dos Santos Private Land 250 n/a n/a

11 41 Duyung Lili Leong Private Land 162,5 n/a n/a

12 41 Duyung Frederika X Private Land 200 n/a n/a


Appendix E E-12

13 48 Duyung Abrao Private Land 298,08 n/a n/a

14 51 Duyung Amandio Fernandes Private Land 130 n/a n/a

15 311904021 Duyung Anakai Private Land 0 Kiosk 5,2

16 25+100 Duyung Orlando D M Private Land 250 n/a n/a

17 25+20 Duyung Alberto Pinto Rego Private Land 240 n/a n/a

18 25+40 Duyung Anakleto Andrade Dili Private Land 250 n/a n/a

19 29+700 Duyung Dominggos Dos Santos Dias Private Land 600 n/a n/a

20 29+800+40 Duyung Dominggos Lemos Private Land 600 n/a n/a

21 Duyung Tito Dos S Da Costa Private Land 126 n/a n/a

22 Duyung Marcelino C Dias Private Land 632,46 n/a n/a

23 Duyung Cassiano Dac Oliveira Private Land 516 n/a n/a

24 Duyung Francisco G Da Costa Private Land 144 n/a n/a

25 Duyung Domingos S Dos Reves Private Land 251,91 n/a n/a

26 Duyung Jose Maria Caceres Private Land 122,64 n/a n/a

27 Duyung Franscisco F Belo Private Land 58,5 n/a n/a

28 Duyung Americo S Carlos Private Land 81 n/a n/a

29 Duyung Pedro Da Costa Private Land 182,56 n/a n/a

30 Duyung Daholo Private Land 280 n/a n/a

31 Duyung Unclear Status Private Land 210 n/a n/a


33 Duyung Unclear Status Private Land 90,4 n/a n/a

34 Duyung Lorensa Da Silva Private Land 343 n/a n/a

35 Duyung Graciela A De Ocvetra Private Land 616 n/a n/a

36 Duyung Calistro Lake G Private Land 163,576 n/a n/a


38 Duyung Manuel S Private Land 0 n/a n/a

39 Duyung Apolinario Cardoso Private Land 0 n/a n/a


Appendix E E-13

40 Duyung Amandi Private Land 0 Kiosk 15

41 Duyung Elisa S Private Land 12,8 n/a n/a

42 Duyung Dominggos Private Land 10 n/a n/a

43 Duyung Akilis X Private Land 16 n/a n/a

44 Duyung Imaculada D C S Private Land 16 n/a n/a

45 Duyung Albano Carseres Private Land 16 n/a n/a

46 Duyung Alberto Private Land 26 n/a n/a

47 Duyung Juliae Private Land 16 n/a n/a

48 Duyung Eugenia Da C D Private Land 4 n/a n/a

49 Duyung Soelakuk Private Land 16 n/a n/a

50 Duyung Frederika Xavier Private Land 1200 n/a n/a

51 Duyung Marquita Fariah Private Land 420 n/a n/a

52 Duyung Alfonso Private Land 0 Kiosk 20

53 Duyung Elizu Private Land 16 n/a n/a

54 Duyung Manuel Soares Private Land 100 n/a n/a

55 Duyung Tomas Fernandes Private Land 77,86 n/a n/a

56 Duyung Alfonso D Private Land 16 n/a n/a

57 Duyung Sebastian J L S P Private Land 300 n/a n/a

58 Duyung Agata Private Land 0 Kiosk 20

59 Duyung Luis S Private Land 7,7 n/a n/a

60 Duyung Jose A Private Land 7,7 n/a n/a

61 Duyung Vingilio Private Land 8,7 n/a n/a

62 Duyung Mau Ranit Private Land 7,8 House 20

63 Duyung Francisco Private Land 7,7 n/a n/a

64 19+400 Duyung Dominggos Private Land 399 n/a n/a

65 19+400+80 Duyung Fransisco Private Land 280 n/a n/a

66 19+500+40 Duyung Armindo Private Land 160 n/a n/a


Appendix E E-14

67 19+500+80 Duyung Antoni Private Land 156 n/a n/a

68 19 Duyung Anonim Private Land 0 Kiosk 14,415

69 23+300+80 Duyung Ednando Darosa Private Land 250 n/a n/a

70 25+400+80 Duyung Martino Da Chuna Private Land 16 n/a n/a

71 28+60 Duyung Juritu Monteiro Private Land 84 n/a n/a

72 28+700+80 Duyung Jurival Da Costa Private Land 171 n/a n/a

73 28+80 Duyung Carolina Soares Private Land 438 n/a n/a

74 28+800+60 Duyung Clementino Private Land 153 n/a n/a

75 28+800+80 Duyung Luciano Da Cunha Private Land 135 n/a n/a

76 28+800+80 Duyung Doelinda D S Private Land 162 n/a n/a

77 28+800+90 Duyung Clementino FS Private Land 162 n/a n/a

78 28+900 Duyung Malabu Private Land 135 n/a n/a

79 28+900 Duyung Alfredo Private Land 228 n/a n/a

80 28+900+40 Duyung Alfredo S Fernandes Private Land 384 n/a n/a

81 28+900+60 Duyung Visentinu Private Land 384 n/a n/a

82 29+100+60 Duyung Dominggos Private Land 600 n/a n/a

83 Duyung Manuel A Private Land 413,25 n/a n/a

84 Duyung Antonio Soares Private Land 215 n/a n/a

85 Duyung Miguel S Fernandes Private Land 53,3 n/a n/a

86 Duyung Maucabo Private Land 16 n/a n/a

87 Duyung Antonio DF Private Land 180 n/a n/a

88 Duyung Diego Carvalho Private Land 600 n/a n/a

89 Duyung Celbina DS Private Land 324 n/a n/a

90 Duyung Petronla B Private Land 394,4 n/a n/a

91 Duyung Idelfonso DAC A Private Land 364,05 n/a n/a

92 Duyung Celestinha DAC Private Land 232 n/a n/a

93 Duyung Abilio M Private Land 1104 n/a n/a


Appendix E E-15

94 Duyung Jaime X Lopes Private Land 72,675 n/a n/a

95 Duyung Unclear Status Private Land 42,5 n/a n/a

96 Duyung Diego DC Private Land 85 n/a n/a

97 Duyung Reinato DS Private Land 100 n/a n/a


99 Duyung Dominggos Private Land 5 n/a n/a

100 Duyung David S Guterres Private Land 231 n/a n/a

101 Duyung Joao Private Land 145 n/a n/a

102 Duyung Jose DSD Private Land 7,7 Kiosk 40

103 Duyung Luciana Private Land 7,7 n/a n/a

104 25+400+20 Duyung Elesu Da Cumha Private Land 16 n/a n/a

105 25+600+30 Duyung Juliana D J C Private Land 16 n/a n/a

106 25+600+80 Duyung Josefaninu RC Private Land 16 n/a n/a

107 26+100+20 Duyung Pasqual De Curvalo Private Land 250 n/a n/a

108 26+100+80 Duyung Antoni J C Fernandes Private Land 250 n/a n/a

109 26+400+20 Duyung Judit Dos Santos Private Land 250 n/a n/a

110 26+400+40 Duyung Oscar Do Santos Da Costa Private Land 250 n/a n/a

111 27+200+60 Duyung Rojalino Do Santos Private Land 500 n/a n/a

112 27+900+40 Duyung Isais Carceres Private Land 7525 n/a n/a

113 28+100 Duyung Calestina Da Costa F Private Land 500 n/a n/a

114 28+20 Duyung Ambrosio Carneiro Gs Private Land 138 n/a n/a

115 28+200+60 Duyung Joao Ziardo Private Land 500 n/a n/a

116 28+300+40 Duyung Isais Private Land 250 n/a n/a

117 28+400+20 Duyung Antoni Private Land 230 n/a n/a

118 28+400+40 Duyung Alcino Soares Private Land 390 n/a n/a

119 28+500 Duyung Manula Private Land 225 Kiosk 24

120 28+500+20 Duyung Dominggos Private Land 0 Kiosk 15


Appendix E E-16

121 28+500+80 Duyung Beatris DCO Private Land 142,5 n/a n/a

122 28+600+60 Duyung Pedro Private Land 329,8 Kiosk 21

123 28+700+40 Duyung Jose DC Private Land 500 n/a n/a

124 28+700+60 Duyung Fausto Da Costa Private Land 108 n/a n/a

125 28+800+20 Duyung Celbina Dos Santos Private Land 161,5 n/a n/a

126 28+800+40 Duyung Jaimeto Do Santos Private Land 126 n/a n/a

127 29+800+10 Duyung Eugenia Soares Private Land 300 n/a n/a

128 Duyung Jose Dos Santos Private Land 42,5 n/a n/a

129 Duyung Alfredo ST Private Land 375,54 n/a n/a

130 Duyung Anonim Private Land 42,5 n/a n/a

131 Duyung Pascoal De Carvalho Private Land 250 n/a n/a

132 Duyung Antoni Private Land 250 n/a n/a

133 Duyung Gereja (Joaozinho) Church Land 207,2 n/a n/a

134 Duyung Angelino C Government Land 302,4 n/a n/a


136 025 10 04 02 1 Duyung Luis Am Noronha Private Land 190,24 n/a n/a

137 030 10 04 02 1 Duyung David Martins Private Land 444 n/a n/a

138 19+200+20 Duyung Evaristoda Silva Private Land 240 n/a n/a

139 19+300 Duyung Jose Private Land 735 n/a n/a

140 19+300+80 Duyung Edgar Private Land 344 n/a n/a

141 19+900 Duyung Jose O G Private Land 8,8 Kiosk 20

142 20+000 Duyung Tito Private Land 10,6 n/a n/a

143 28+800 Duyung Jose Fernandes Private Land 133 n/a n/a

144 Duyung No Owner Private Land 156 n/a n/a

145 Duyung Delfina De Adaujo Private Land 192,06 n/a n/a

146 Duyung Angelino Dac Olivera Private Land 121,2 n/a n/a


Appendix E E-17

147 Duyung Mari Bin Amudea Private Land 658 n/a n/a

148 Duyung Antonio Aranujo Private Land 67,35 n/a n/a

149 Duyung Lucia Aleixo Private Land 31,25 n/a n/a

150 Duyung Anicento M Rodriques Private Land 191,5 n/a n/a

151 Duyung Benardo Da Costa Private Land 555,64 n/a n/a

152 Duyung Mario Dino Private Land 29,8 n/a n/a

153 Duyung Francisca R. Da Gama Private Land 1232,5 n/a n/a


155 Duyung Anonim Private Land 265 n/a n/a

156 Duyung Forca FDTW Private Land 16 n/a n/a

157 Duyung Joao Private Land 11,1 n/a n/a

158 Duyung Mario Private Land 16 n/a n/a

159 Duyung Juliao Da Silva Private Land 250 n/a n/a

160 Duyung Tanah Sede Partido Frente Private Land 16 n/a n/a

161 26+500 Duyung Inacio Diaz Private Land 250 n/a n/a

Village : Sabuli

Sub-district : Metinaro

District : Dili

No Sta Village

Name Affected Land

Affected


Affected

Structure

Area

1 1 Sabuli Dominggos Private Land 210 n/a n/a

2 8 Sabuli Francisca R. De Gama Private Land 266,4 n/a n/a

3 18+600+40 Sabuli Clara Private Land 245 n/a n/a

4 18+700+8 Sabuli Paul C Private Land 192 n/a n/a

5 18+800+10 Sabuli Leticia Private Land 252 n/a n/a


Appendix E E-18

6 18+800+80 Sabuli Florenca Private Land 217 n/a n/a

7 18+900+20 Sabuli Orlando Private Land 693 n/a n/a

8 19+000+60 Sabuli Evaristo Private Land 126 n/a n/a

9 19+000+70 Sabuli Izabel Private Land 175 n/a n/a

10 Sabuli Unclear Status Private Land 132,6 n/a n/a

11 Sabuli Matins Soares Private Land 168,295 n/a n/a

12 Sabuli Antonio DAC Private Land 205,755 n/a n/a

13 Sabuli Unclear Status Private Land 244,8 n/a n/a

14 Sabuli Antonio Cardoso Gomes Private Land 262,752 n/a n/a

15 Sabuli Morias Dac Oliveria Private Land 311,64 n/a n/a

16 Sabuli Jose M Carceres Private Land 266,4 n/a n/a

17 Sabuli Juliao S Dac Teuares Private Land 335,4 n/a n/a

18 Sabuli Humberto Private Land 196 n/a n/a

19 17+900+10 Sabuli Alexandrina Dos Santos Private Land 280 n/a n/a

20 17+900+100 Sabuli Marcelino Do Santos Private Land 301 n/a n/a

21 17+900+40 Sabuli Tomas Miskita Private Land 329 n/a n/a

22 17+900+60 Sabuli Jose Da Costa Oliveira Private Land 119 n/a n/a

23 17+900+80 Sabuli Nelson Sabino Da Costa Private Land 161 n/a n/a

24 18+000 Sabuli Celestino MG Private Land 168 n/a n/a

25 18+000+70 Sabuli Pedro Da Costa O Private Land 160 n/a n/a

26 18+000+80 Sabuli Elisio Da Costa S Private Land 368 n/a n/a

27 18+100+60 Sabuli Gereja (Pastor Anjelu) Church 1106 n/a n/a

28 18+100+70 Sabuli Jose Soares Private Land 216 n/a n/a

29 18+100+90 Sabuli Manuel De Jesus N Private Land 102 n/a n/a

30 18+300+50 Sabuli Alexandre Lemos Ds Private Land 150 n/a n/a

31 18+300+80 Sabuli Orlando Da Costa O Private Land 215 n/a n/a

32 18+400+20 Sabuli Julio Norberto Private Land 0 Kiosk 36,7155


Appendix E E-19

33 18-400+60 Sabuli Dominggos Da Costa O Private Land 282 n/a n/a

34 Sabuli Filomena Da Silva Private Land 16 n/a n/a

35 Sabuli Miguel Dos Santos Dias Private Land 546 n/a n/a

36 Sabuli Teresa Sarmentolay Private Land 805 n/a n/a

37 Sabuli Tomas De A Soares Private Land 400 n/a n/a

38 Sabuli Franjelino Da Costa Private Land 150 n/a n/a

39 Sabuli Boaventura Mifuita Private Land 486 n/a n/a

40 Sabuli Afonso Da Cd Private Land 364 n/a n/a

41 Sabuli Helio Sarmento Guterres Private Land 294 n/a n/a

42 Sabuli Helena De Araujo Private Land 210 n/a n/a

43 Sabuli Juliae Masquita Private Land 108 n/a n/a

44 Sabuli Cipriano Dac Oliveira Private Land 50,2 n/a n/a

45 Sabuli Joaqium Maya Private Land 164,907 n/a n/a

46 Sabuli Celestino M Guterres Private Land 187,245 n/a n/a

47 Sabuli Bernardo Amaral Private Land 194,472 n/a n/a

48 Sabuli Antonia D Private Land 222,066 n/a n/a

Village : Alili

Sub-district : Laclo

District : Manatuto

No Sta Village

Name Affected Land

Affected


Affected

Structure

Area

1 56+800+20 Ailili Joaquim Aiteas Private Land 16,4 n/a n/a

2 52+500+60 Ailili Eduardo Guteres Private Land 16 n/a n/a

3 52+600+60 Ailili Maria Dac Soares Private Land 6 n/a n/a

4 53+700+60 Ailili Canisio Da Carvalo Private Land 16 n/a n/a


Appendix E E-20

5 56+000 Ailili Rosa Soares Private Land 4 n/a n/a

6 56+000+40 Ailili Aurelia Soares Private Land 2 n/a n/a

7 56+200+60 Ailili Nuno Hilson S Private Land 37,9 n/a n/a

8 56+200+80 Ailili Cristinha Gusmao Private Land 29 n/a n/a

9 56+40 Ailili Rosa Coul Soare Private Land 16 n/a n/a

10 56+600+20 Ailili Tomasia Soares Private Land 10 n/a n/a

11 56+600+60 Ailili Paroqia Manatuto Private Land 4 n/a n/a

12 56+700+100 Ailili Luis Da Costa Private Land 19 n/a n/a

13 56+800+20 Ailili Francisco Gabriel S Private Land 19 n/a n/a

14 56+800+20 Ailili Hermeheljida Soares Private Land 4 n/a n/a

Village : Sau


District : Manatuto

No Sta Village

Name Affected Land

Affected


Affected

Structure

Area

1 35+900+100 Sau Bacilio DC Private Land 0 Kiosk 2

2 35+900+80 Sau Carlito Soares Private Land 0 Kiosk 4

3 37+100+100 Sau Franscisco Private Land 0 Kiosk 16

4 37+100+40 Sau Jonhy Private Land 0 Kiosk 9

5 37+100+80 Sau Felix Private Land 0 Kiosk 16

6 51+500+40 Sau Lucia Moreira Private Land 3,5 n/a n/a

7 51+700+40 Sau Estevao Da C Private Land 0 Kiosk 9

8 51+800+60 Sau Joequina Tavares Private Land 102 n/a n/a

9 52+000+60 Sau Maria Fatima D. C Private Land 80 n/a n/a

10 52+000+800 Sau Jose Da Costa S Private Land 80 n/a n/a


Appendix E E-21

11 52+200+60 Sau Domingos Aminha Da Costa Private Land 10 n/a n/a

12 52+300+80 Sau Vicente Coro Da C Private Land 8 n/a n/a

13 52+400+40 Sau Amaro De Jesus S Private Land 8 n/a n/a

14 52+400+60 Sau Rosalina Soares Private Land 92 n/a n/a

15 52+500+60 Sau Teresa Da Costa Doe Private Land 8 n/a n/a

16 52+600+40 Sau Catarina Da C Private Land 8 n/a n/a

17 52+600+60 Sau Ines Da Costa Private Land 6 n/a n/a

18 52+700+80 Sau Tomasia Bimeta Da S Private Land 8 n/a n/a

19 52+800+60 Sau Ines Da Osta Private Land 8 n/a n/a

20 52+800+60 Sau Soi Lacuc Private Land 8 n/a n/a

21 52+900+40 Sau Francisco Rorigues Private Land 3 n/a n/a

22 52+900+80 Sau Maria Pedadi Private Land 3150 n/a n/a

23 53+000+40 Sau Gaspar Freitas Private Land 234 n/a n/a

24 53+000+40 Sau Dominggos Martins Private Land 4 n/a n/a

25 53+000+60 Sau Pasqual Gomes Private Land 114 n/a n/a

26 53+000+60 Sau Carolina Soares Private Land 6 n/a n/a

27 53+100+30 Sau Markus Private Land 4 n/a n/a

28 53+100+40 Sau Dominggos Private Land 4 n/a n/a

29 53+100+60 Sau Lucia Da Costa Private Land 225 n/a n/a

30 53+200+40 Sau Sebastiao Private Land 4 House 20

31 53+200+40 Sau Madalena Da Costa Private Land 4 n/a n/a

32 53+200+60 Sau Apolinario Da Costa Private Land 198 n/a n/a

33 53+300+60 Sau Joao Da Costa Private Land 6,3 n/a n/a

34 53+300+60 Sau Elias Da Cunha Private Land 4 n/a n/a

35 53+400+20 Sau Elizario Private Land 24 Kiosk 20

36 53+400+60 Sau Aldiana Da Cunha Private Land 4 n/a n/a

37 53+500+60 Sau Catildi Da Costa Private Land 4 n/a n/a


Appendix E E-22

38 53+600+40 Sau Jose Da Costa Private Land 0 Kiosk 4

39 53+600+40 Sau Julio Xavier Private Land 75 Kiosk 4


41 53+600+40 Sau Caimamu Private Land 4 n/a n/a

42 53+700+80 Sau Jurito Monteiro Private Land 6 n/a n/a

43 53+800+60 Sau Dominggos P Private Land 300 n/a n/a

44 54+000+60 Sau Jasinta Da Costa Private Land 20 n/a n/a

45 54+100+40 Sau Jose Da Costa Private Land 16 Kiosk 16

46 54+100+60 Sau Rita Soares Private Land 75 Kiosk 15

47 54+200+40 Sau Francisco Da Costa Private Land 18 House 18

48 54+200+60 Sau Lucia Da Costa Private Land 0 Kiosk 4

49 54+200+60 Sau Miguel Private Land 300 Residential-comercial place 24

50 54+700+20 Sau Marcelino M Da Cunha Private Land 0 Kiosk 1

51 54+700+40 Sau Grebonio P P Private Land 4 Kiosk 4

52 54+700+60 Sau Calistro Private Land 0 Kiosk 2

53 55+200+50 Sau Manuel Da Costa Private Land 450 n/a n/a

54 55+200+60 Sau Joana Da Costa Private Land 140 Kiosk 8,32

55 55+200+70 Sau Manuel Private Land 0 Kiosk 19,32

56 55+300+20 Sau Antonia Da Silva Private Land 80 n/a n/a

57 55+300+40 Sau Lito Da Costa Private Land 80 House 20

58 55+300+40 Sau Estevo Da Costa Private Land 16 n/a n/a

59 55+300+400 Sau Estebo Da Costa Private Land 350 n/a n/a

60 55+400+20 Sau Rofino Da Costa Private Land 75 n/a n/a

61 55+400+30 Sau Teresa Da Costa S Private Land 20 n/a n/a

62 55+400+30 Sau Henrique Da Costa Private Land 0 Kiosk 12


64 55+400+40 Sau Lucia Da Costa Private Land 12 Kiosk 4


Appendix E E-23

65 55+400+60 Sau Teresa Da Costa Private Land 20 n/a n/a

66 55+400+70 Sau Antonia Da Costa Private Land 80 n/a n/a

67 55+500+100 Sau Domingos Des Santos Private Land 174 n/a n/a

68 55+600 Sau Joana G Da Neves Private Land 470 n/a n/a

69 55+600 Sau Lucia Da Costa Private Land 3 n/a n/a

70 55+600+50 Sau Antonio DAC Private Land 0 Kiosk 20

71 55+700 Sau Jacinta Dac Private Land 4,5 n/a n/a

72 55+700 Sau Maria Da Costa Private Land 5 n/a n/a

73 55+700 Sau Esperanca DAC Private Land 3 n/a n/a

74 55+800 Sau Izabel Soares Private Land 3 n/a n/a

75 55+800 Sau Aurelia Soares Private Land 1,2 n/a n/a

76 55+861 Sau Maria Da Costa Private Land 1,2 n/a n/a

77 55+862 Sau Victoria Da Cunha Private Land 3,5 n/a n/a

78 55+900 Sau Joao Paulo Leong Private Land 3,5 n/a n/a

79 55+900 Sau Jose Dac Kehi Private Land 1,5 n/a n/a

80 55+97 Sau Manuel Soares Private Land 3 n/a n/a

81 55+97 Sau Mariano Da Costa Private Land 3,2 n/a n/a

82 56+000 Sau Tomas Dac Buik Private Land 3,5 n/a n/a

83 56+000+20 Sau Rosa Maria Dac Private Land 3,5 n/a n/a

84 56+20 Sau Ana Janguina Guterres Private Land 3 n/a n/a

85 56+200+20 Sau Lucie Soares Private Land 3,5 n/a n/a

86 56+200+60 Sau Marie Antonia Dac Private Land 4 n/a n/a

87 56+200+80 Sau Antreja Soares Private Land 4 n/a n/a

88 56+300+25 Sau Miguel Cati Soares Private Land 3,2 n/a n/a

89 56+300+40 Sau Francisco P J C S Private Land 187,91 n/a n/a

90 56+40 Sau Lucia Da Costa Private Land 10 n/a n/a

91 56+400+20 Sau Isabel Morais Private Land 55 n/a n/a


Appendix E E-24

92 56+400+40 Sau Antonio Da Costa Bere Private Land 42,7 n/a n/a

93 56+600+25 Sau Tomasia Soares Private Land 16 n/a n/a

94 56+600+40 Sau Jasinta Da Costa Private Land 3 n/a n/a

95 56+600+60 Sau Joana Soares Private Land 4 n/a n/a

96 56+600+80 Sau Maria Koen Das Private Land 12 n/a n/a

97 56+600+90 Sau Andreza Soraes Private Land 4 n/a n/a

98 56+700+40 Sau Sidalia Da Costa Private Land 3 n/a n/a

99 56+700+50 Sau Roja Moseira Private Land 3 n/a n/a

100 56+800+20 Sau Joanade Carvalho Private Land 5 n/a n/a

101 56+800+40 Sau Ana Moris Private Land 138 n/a n/a

102 56+800+50 Sau Alina Marques Private Land 16 n/a n/a

103 56+900+90 Sau Maria Paulina S Private Land 96 n/a n/a

104 Sau Ana Soares Private Land 4 n/a n/a

105 Sau Jose Magno Private Land 225 n/a n/a

106 Sau Joana Da Costa Private Land 0 n/a n/a

Village

:

Umacaduac


District : Manatuto

No Sta Village

Name Affected Land

Affected


Affected

Structure

Area

1 40 Uma Caduac Justino Hadikda Cunha Private Land 0 Kiosk 12

2 34+200+20 Uma Caduac Alexandre Private Land 100 Kiosk 20

3 34+200+60 Uma Caduac Grasindo Da Cunha Private Land 195 n/a n/a

4 34+300+70 Uma Caduac Flouiago Private Land 200 Kiosk 18


Appendix E E-25

5 36+200+20 Uma Caduac Mateus M Private Land 0 Kiosk 9

6 36+300+50 Uma Caduac Gemar Da Cunha Private Land 0 Kiosk 24

7 36+300+70 Uma Caduac Group Oan Kiak Private Land 0 Kiosk 28

8 37+100+60 Uma Caduac Alesantrina De Jesus Private Land 0 Kiosk 18

9 37+100+80 Uma Caduac Arlindo Private Land 0 Kiosk 12

10 37+400+20 Uma Caduac Orlando Private Land 0 Kiosk 15

11 37+400+20 Uma Caduac Camilio Private Land 0 Kiosk 32

12 39+800+50 Uma Caduac Rui Private Land 0 Kiosk 18

13 47+700+10 Uma Caduac Gilberto Lopes Private Land 0 Residential-comercial place 6

14 47+700+10 Uma Caduac Salvador Soares Private Land 0 Kiosk 12

15 47+700+10 Uma Caduac Marcelino M Da Cunha Private Land 0 Kiosk 12

16 47+700+10 Uma Caduac Leopolda Da Cunha Private Land 0 Kiosk 12

17 50+400+200 Uma Caduac Delfian Da Cunha Private Land 0 Kiosk 4

18 52+800+60 Uma Caduac Lucianu Da Cumha Private Land 8 n/a n/a

19 53+600+30 Uma Caduac Alonggo Private Land 0 Kiosk 4

20 53+600+40 Uma Caduac Jose Da Cunha Private Land 0 Kiosk 5

21 54+200+40 Uma Caduac Geraldo Da C Private Land 35 Kiosk 3,4

22 55+200+40 Uma Caduac Dominggos Da C S Private Land 0 House 174

23 Uma Caduac Sabina B Da Cunha Private Land 0 Kiosk 12,3

24 Uma Caduac Carlito Da Cunha Private Land 331,2 n/a n/a

25 Uma Caduac Bere-Hunuc Private Land 500 n/a n/a

26 Uma Caduac Faustino Ml Da Cunha Private Land 100 n/a n/a

27 Uma Caduac Caitano C Da Cunha Private Land 0 Kiosk 11

28 Uma Caduac Lakuluan Private Land 66,4 n/a n/a

29 Uma Caduac Victorino Da Cunha Private Land 98,8 n/a n/a

30 Uma Caduac Nuno Alues Private Land 216 n/a n/a

31 Uma Caduac Eufrazia Da Cunha Private Land 13,8 n/a n/a


Appendix E E-26

32 Uma Caduac Amaro Maulumbi Private Land 112 n/a n/a

33 Uma Caduac Teodoro Private Land 111,6 n/a n/a

34 Uma Caduac Constantino Private Land 118,4 n/a n/a

35 Uma Caduac Manuel Amaral Private Land 158 n/a n/a

36 Uma Caduac Natalino Private Land 126 n/a n/a

37 Uma Caduac Tomas Cabral Private Land 204 n/a n/a

38 Uma Caduac Sebastiao Private Land 66,4 n/a n/a

39 Uma Caduac Camilo De S Cunha Private Land 177,2 n/a n/a

40 Uma Caduac Tomas Aquino Private Land 16 n/a n/a

41 Uma Caduac Martina Private Land 108 n/a n/a

42 Uma Caduac Adecino Da Cunha Private Land 285,6 Kiosk 11,2896

43 Uma Caduac Lidia F Da Cunha Private Land 275,4 n/a n/a

44 Uma Caduac Elizo Rc Da Cunha Private Land 16,58 n/a n/a

45 Uma Caduac Andre L Da Cunha Private Land 118,3 n/a n/a

46 Uma Caduac Amaro Amau L Da C Private Land 98 n/a n/a

47 Uma Caduac Maria G Da Cunha Private Land 42,7 n/a n/a

48 Uma Caduac Marcos Tornato Private Land 116,2 n/a n/a

49 Uma Caduac Nicocao Da Cunha Private Land 28 n/a n/a

50 Uma Caduac Tomas M Da Cunha Private Land 100 n/a n/a

51 Uma Caduac Silvia Casa L Private Land 149,45 n/a n/a

52 Uma Caduac Anonim Private Land 64,4 n/a n/a

53 Uma Caduac Anonim Private Land 43 n/a n/a

54 Uma Caduac Caterina Bel Da C Private Land 69 n/a n/a

55 Uma Caduac Daniel Cabral Dac Private Land 210 n/a n/a

56 Uma Caduac Mau Loe Private Land 10,4 n/a n/a

57 Uma Caduac Melania Da Cunha Private Land 11,112 Kiosk 8,334

58 Uma Caduac Filomena Bq Da Cunha Private Land 110,4 n/a n/a


Appendix E E-27

59 Uma Caduac Elias M Da Cunha Private Land 103,5 n/a n/a

60 Uma Caduac Isabel Bui Da Cunha Private Land 160,2 n/a n/a

61 Uma Caduac Gracindo Da Cunha Private Land 99 n/a n/a

62 Uma Caduac Basicio Gc Da Costa Private Land 71 n/a n/a

63 Uma Caduac Domingas Da Cunha Private Land 16 n/a n/a

64 Uma Caduac Filomeno Pc Fernandes Private Land 1043 n/a n/a

65 Uma Caduac Domingos Da Cunha Private Land 100 n/a n/a

66 Uma Caduac Zacarias Hunu Kesi Private Land 33 n/a n/a

67 Uma Caduac Domingas Alves Private Land 89 n/a n/a

68 Uma Caduac Baltazar De Cunha Private Land 1575 n/a n/a

69 Uma Caduac Jacinto M Da Cunha Private Land 34,25 n/a n/a

70 Uma Caduac Domingos S Da Cunha Private Land 68,76 n/a n/a

71 Uma Caduac Maria S Da Cunha Private Land 74,91 n/a n/a

72 Uma Caduac Januario M Da Cunha Private Land 113,5 n/a n/a

73 Uma Caduac Ana Maria NM Dac Private Land 159,64 n/a n/a

74 Uma Caduac Stanislau M Da Cunha Private Land 211,64 n/a n/a

75 Uma Caduac Gonjaga Nd Cunha Private Land 196,84 House 12

76 Uma Caduac Vincente Da Cunha Private Land 0 Kiosk 9,86

77 Uma Caduac Antomino Da Cunha Private Land 366 n/a n/a

78 Uma Caduac Jose Bento Private Land 477 n/a n/a

79 Uma Caduac Angelina B DAC Fernandes Private Land 274,05 n/a n/a

80 Uma Caduac Gaspar Da Cunha Private Land 281,52 Kiosk 12,5

81 Uma Caduac Manuel A Da Cunha Private Land 115,9 n/a n/a

82 Uma Caduac Mateus M Da Cunha Private Land 348,6 n/a n/a

83 Uma Caduac Filomeno Soares Private Land 162,5 House 9,3

84 Uma Caduac Avaro Da Cunha Private Land 211,5 n/a n/a

85 Uma Caduac Basilio S Da Cunha Private Land 395,16 n/a n/a


Appendix E E-28

86 Uma Caduac Paulo M Da Cunha Private Land 321,09 n/a n/a

87 Uma Caduac Diogo Da Cunha Private Land 244,9 n/a n/a

88 Uma Caduac Bui Manuk Private Land 284,4 n/a n/a

89 Uma Caduac Mau-Anuc Private Land 293,88 n/a n/a


91 Uma Caduac Manuel Da Cunha Private Land 233,05 n/a n/a

92 Uma Caduac Manuel Da Cunha Private Land 16,12 Kiosk 9,92

93 Uma Caduac Tomas Da Cunha Private Land 492 n/a n/a


95 Uma Caduac Mario Da Cunha Private Land 262,8 Kiosk 7,56

96 Uma Caduac Jorge M Da Cunha Private Land 288 n/a n/a

97 Uma Caduac Government Land Government Land 81,2 n/a n/a

98 Uma Caduac Joana Eva Da Costa Private Land 145,8 n/a n/a

99 Uma Caduac Nuno A Dac Pereira Private Land 107,92 n/a n/a

100 Uma Caduac Francisco Da Cunha Private Land 65,6 n/a n/a

101 Uma Caduac Deodato Da Cunha Private Land 0 Kiosk 35,7

102 Uma Caduac Alice Vital Soares Private Land 0 Kiosk 18,2

103 Uma Caduac Cristina Da Cunha Private Land 0 Residential-comercial place 17,64

104 Uma Caduac Jacinta Da Cunha Private Land 0 Residential-comercial place 13,888

105 Uma Caduac Cristouao Cn Da Cunha Private Land 0 Residential-comercial place 78,74

106 Uma Caduac Mateus Da Cunha Private Land 0 Kiosk 6

107 Uma Caduac Bernadino Da Cunha Private Land 0 Kiosk 24,6

108 Uma Caduac Agrapina Qb Da Cunha Private Land 0 Kiosk 15,4

109 Uma Caduac Hare Mauc Private Land 0 Kiosk 15,9

110 Uma Caduac Nuno A Dac Pereira Private Land 0 Kiosk 19,44


Appendix E E-29

111 Uma Caduac Agustinho M Da Cunha Private Land 0 Kiosk 30

112 Uma Caduac Valente M Da Cunha Private Land 0 n/a n/a

113 Uma Caduac Rui Lm Da Cunha Private Land 656 n/a n/a

114 Uma Caduac Catarino Private Land 126 n/a n/a

115 Uma Caduac Sebastiao Private Land 382,8 n/a n/a

116 Uma Caduac Maria Abc Da Cunha Private Land 173,4 n/a n/a

117 521205032 Uma Caduac Salriador Soares Private Land 0 Kiosk 12

118 601306032 Uma Caduac Lusia Da Costa Private Land 16 n/a n/a

119 33+600+40 Uma Caduac Francisca Fernandes Private Land 240 n/a n/a

120 47+700+10 Uma Caduac Joao Private Land 0 Kiosk 12

121 47+700+10 Uma Caduac Loi Hetur Private Land 0 Kiosk 12

122 47+700+10 Uma Caduac Carlos Suares Private Land 0 Kiosk 12

123 47+700+10 Uma Caduac Mariano De C Private Land 0 Kiosk 21

124 47+700+10 Uma Caduac Floriano Da Cunha Private Land 0 Kiosk 12

125 47+700+10 Uma Caduac Bai Hadi Private Land 0 Kiosk 12

126 47+700+10 Uma Caduac Claudio Da Cunha Private Land 0 n/a n/a

127 47+700+10 Uma Caduac Joaquin Dac P Private Land 0 n/a n/a

128 Uma Caduac George Private Land 0 Kiosk 5

129 111105021 Uma Caduac Group Lepra Private Land 0 Kiosk 18

130 31+100+20 Uma Caduac Camilio Private Land 6 n/a n/a

131 32+700+40 Uma Caduac Agustino DC Private Land 60 n/a n/a

132 32+800 Uma Caduac Andre Lopes Private Land 30 n/a n/a

133 32+900 Uma Caduac Jose Da Costa Private Land 20 n/a n/a

134 33+00 Uma Caduac Uskup Dom Bacilie Private Land 20 n/a n/a

135 33+00 Uma Caduac Luis Fernandes Private Land 5000 n/a n/a

136 33+200 Uma Caduac Community Land Private Land 200 n/a n/a

137 33+200 Uma Caduac Sebastian Da Cunha Private Land 60 n/a n/a


Appendix E E-30

138 33+300+20 Uma Caduac Kailabe Private Land 95 n/a n/a

139 33+400 Uma Caduac Mateus Da Cunha Private Land 190 Residential-comercial place 30

140 33+400 Uma Caduac Manuel Da Cunha Private Land 110 n/a n/a

141 33+400+10 Uma Caduac Agust Private Land 105 n/a n/a

142 33+400+40 Uma Caduac Victorimo Da Cunha Private Land 90 n/a n/a

143 33+400+80 Uma Caduac Nuno Alies Pereira Private Land 110 n/a n/a

144 33+400+90 Uma Caduac Mario Arujo Private Land 85 n/a n/a

145 33+500+10 Uma Caduac Andre Lopes Private Land 100 n/a n/a

146 33+500+30 Uma Caduac Filomena Da Cunha Private Land 95 n/a n/a

147 33+500+50 Uma Caduac Ipolito M Do Cunha Private Land 95 Kiosk 6

148 33+500+60 Uma Caduac Abilio Da Cunha Private Land 100 n/a n/a

149 33+500+80 Uma Caduac Filomena Cabral Fernandes Private Land 190 n/a n/a

150 33+600+60 Uma Caduac Agustinho Da Cunha Private Land 200 n/a n/a

151 55+400+30 Uma Caduac Ursula Da C Soares Private Land 330 n/a n/a

152 Uma Caduac Anjelino Private Land 0 Kiosk 8

153 Uma Caduac Dulceda Cunha Private Land 16 n/a n/a

154 Uma Caduac Fermino Ribero Private Land 100 n/a n/a

155 Uma Caduac Felixinemo Private Land 0 Kiosk 12



for


Updated Resettlement Action Plan PackageA01-01

DILI - MANATUTO SECTION

December 2015




National Road No. 1 Upgrading Project Updated Resettlement Action Plan The Government of Democratic Republic of Timor-Leste Package A01-01

Page | ii

Table of Contents

List of Abbreviation .. . .iv

Glossary of Terms . . .v

Executive Summary ..ix

CHAPTER 1: INTRODUCTION..................................................................................1

1.1. Background.......................................................................................................1

1.2. Project Description ........................................................................................2

1.3. Objectives of RAP.............................................................................................3

1.4. RAP-Related Conditions...................................................................................3

CHAPTER 2: SCOPE OF LAND RESETTLEMENT...................................................4

2.1. Scope and Rationale for Land Acquisition/Resettlement..................................4

2.2. Measures to Minimize Land Acquisition Impact ...............................................4

2.3. Summary of Impacts ........................................................................................4

2.4. Impact Assessment...........................................................................................6

2.4.1 Impact on People................................................................................ 6 2.4.2 Impact on Land................................................................................... 7 2.4.3 Impact on Trees .................................................................................. 7 2.4.4 Impact on Structures........................................................................... 9 2.4.5 Impact on Income ............................................................................... 10

CHAPTER 3: POTENTIAL INPUTS 77777......................................................12

3.1. Additional Information ....................................................................................12

3.2. Scope of RAP Implementation .......................................................................13

3.3. Barriers and Possible Recommendations ......................................................13

3.4. Additional Changes in the Future . ..14


Page | iii

List of Tables

Table 1-1 RAP Working ProgressOverview................................................................x

Table 1-2 Summary of Impact ...................................................................................xii

Table 1-3 Project Entitlement Matrix..........................................................................xv

Table 2-1 Measures to Minimize Resettlement ..........................................................4

Table 2-2 Table of Impact and Losses........................................................................5

Table 2-3 Detailed of Affected Land............................................................................7

Table 2-4 Impact on Trees ..........................................................................................7

Table 2-5 Extent of Impact on Structure......................................................................9

Table 2-6 Usage and Income from Affected Structure..............................................10

Table 3-1 Affected Structures and Total Cost...........................................................12

List of Figures Figure 1-1 Project Location Map................................................................................. 2

Figure 2-1 Total AHs for different types of Assets...................................................... 6

Figure 2-2 The three Categories of Affected Trees ................................................... 8

Figure 2-3 Income Loss Additional Compensation ................................................ 10


Page | iv

























ROW : Right of Way






Page | v

Glossary of Terms

Affected HH/Family : All members of a household residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its components; It may consist of a single nuclear family or an extended family group.

Affected Person : Individuals that are affected by the project through land

acquisition, relocation, or loss of income; includes any person, household [sometimes referred to as project-affected family (AF)], firms, public or private institutions; The APs, therefore, include (i) persons whose agricultural land or other productive assets such as trees or crops are affected, (ii) persons whose businesses are affected and who might experience loss of income due to the project’s impact, (iii) persons who lose work/employment as a result of the project’s impact, and (iv) people who lost access to community resources/property as a result of the project.


Compensation : Payment in cash at the current market value or in kind for

an asset or a resource that is obtained or affected by a project, in which, the affected people are entitled to in order to replace their lost property or income

Cut-off date : The date after which people will not be considered

eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Detailed Measurement Survey : The detailed inventory of losses that is completed after

the detailed design and marking of project boundaries on the ground

Displace Person : Means, people who are affected by direct Economic and

Social impacts that both result from Bank-assisted investment projects, and are caused by (a) the involuntary taking of land resulting (i) relocation or loss of shelter; (ii) loss of assets or access of assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction or access to legally designated park


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and protected areas resulting in adverse impacts on livelihood of the displaced persons.

Eligibility : Means, any person(s) who at the cut-off-date was located within the area affected by the project, its sub-components, or other subproject parts thereof, and are affected by the project. Eligibility is irrespective of (a) formal legal rights to land; or (b) customary claim to the land APs are occupying.

Encroacher : People who move into the project area after the cut-off date are therefore ineligible for compensation or other rehabilitation measures provided by the project. The term also refers to those extending attached private land into public land.

Entitlement : The range of measures comprising cash or kind

compensation, Relocation cost, income restoration assistance, transfer assistance, income substitution, and relocation, depending on the type and degree/nature of the losses of the APs in order to restore their social and economic base.

Inventory of Losses : The pre-appraisal inventory of assets as a preliminary

record of affected or lost assets. Indigenous People : Means, people who belong to a distinct, vulnerable social

and cultural group possessing the following characteristics in varying degree: (a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (b) collective attachment to geographically distinct habitat or ancestral territories in the project area and to the natural resources in these Habitats and Territories; (c) customary cultural, economic, social or political institutions that are separate from the dominant society and culture; and (d) an indigenous language, often different from the official language of the country or region.

Land Obtaining : Purchase of land for the project through negotiated

settlement until the expropriation law is passed. Non-titled : People who have no recognizable rights or claims to the

land that they are occupying. It includes people using private or state land without permission, permit or grant, i.e., people without legal title to land and/or structures occupied or used by them. JICA’s policy explicitly states that such people cannot be denied compensation.

Project : The Road Network Upgrading Sector Project funded by

JICA


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Rehabilitation : Compensatory measures provided under the policy

framework on involuntary resettlement other than the payment for the replacement cost of obtained assets.


Replacement Cost : Replacement cost is the amount needed to replace an

asset and is the value determined as compensation for the following:

i. Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes; ii. Land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services located in the vicinity of the affected land, plus the cost of any registration and transfer taxes; iii. Houses and other related structures based on the current market price of materials, transportation of materials to construction sites, cost of labor and contractor’s fee, and any cost of registration and transfer taxes. In determining the replacement cost, depreciation of assets and value of salvaged building materials are not taken into account. No deductions are made for the value of benefits to be derived from the project; iv. Crops, trees, and other perennials based on current the market value; and v. Other assets (i.e., income, cultural or aesthetic) based on the replacement cost or cost of mitigating measures.

Rehabilitation : The measure requires to (i) restore access to public facilities, infrastructure, and service; (ii) cultural property and common property resources; (iii) cultural sites, public services, water resources; grazing, or forest resources including water resources; grazing, or forest resources including establishments of access to


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equivalent and culturally acceptable resources and income-earning opportunities; and, (iv) restore the economic and social base of APs seriously affected by the loss of assets, and employment. All such people will be entitled to rehabilitation assistance measure for restoring incomes and living including any APs whose rights might not be formally recognized. Additional rehabilitation assistance should be provided for vulnerable people, to ensure that they are able to restore their standards of living to pre-project levels.

Replacement Land : The land affected by the project that is compensated

through provision of alternative land of the same size rather than cash. Productive capacity as land lost which is acceptable to the AP.

Resettlement : All impacts associated with the loss of physical and

nonphysical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms.

Significant Impact : If 200 or more people experience major impacts, which

are defined as: (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating assets)


Structures : All buildings including the primary and secondary

structures such as houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls.

Vulnerable : Individuals who might suffer disproportionately or face

the risk of being marginalized from the effects of resettlement including: (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households that fall on or below the poverty line (within the meaning given previously); (iv); (v) elderly households with no means of support; (vi) households without security of tenure; and (vii) households of indigenous population or ethnic minority.


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Executive Summary

1. Timor-Leste has begun rebuilding its national infrastructures after years of

suffering from conflict and underdevelopment. Physical infrastructure development including road network is now recognized by the country as a top priority to accelerate its new economic opportunities and is also a mean to reduce poverty in the country. Given the emphasis on nationwide development of road infrastructure, the Government of Timor-Leste has planned to upgrade the 116 km A-01 National Road No. 1 under the Upgrading Project Dili–Baucau Section, with financial support from the Japan International Cooperation Agency (JICA).

2. The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of the Dili-Baucau section, with a length of about 56.4 km. It is a road strategically placed to link the districts of Dili and Baucau, which may further help to improve the area’s business transactions in the future.

3. The Ministry of Finance (MOF) is the project-executing agency (EA) and the Ministry of Public Works (MPW) is the project-implementing agency (IA). Project implementation works will be managed by the MPW through its existing Project Management Unit (PMU), supported by the Project Implementation and Support Consultants (PISC).

4. The physical implementation of improvement works include the widening of the existing road to achieve a width of 10-12 m, with a 6 m wide carriageway and 1-2 m wide shoulder on each side. The improvement works shall also include drainage construction/rehabilitation. The strategy for the project is to minimize land requirements by confining the construction works within the existing road corridor to the extent possible. The strategy also includes some compromise on reducing the embankment width even to 2 m at certain sections of the tortuous stretch. However, it will inevitably be necessary to acquire land and other assets for the widening and raising of the road embankment, which will cause involuntary resettlement impacts. To address these resettlement impacts, the present draft Resettlement Action Plan (RAP) has been formulated in conformity with JICA’s safeguard requirements on involuntary resettlement; adhering to the resettlement principles and procedures outlined in the Resettlement Framework (RF) adopted by the Government of Timor-Leste for the Road Network Upgrading Project.

5. The Updating RAP report was carried out from July 10th until December 15th. A summary of impact is presented in Table 1-2. The following chart describes the highlight timeline work throughout the RAP process from July until December.


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Methodology 6. Stakeholders’ engagement was done during Public Consultation Meetings

and in the Focus on Group Discussion. These stakeholders were the Project Management Unit, the Consultant, the Land and Property from Dili and Manatuto, the Suco Chiefs as well as the Aldeia Chiefs. During the validation survey, the main stakeholders were the survey team and the affected persons themselves. These groups of people have been involved in helping out with the realization of the meetings and also by accompanying the survey team to identify the affected assets.

Table 1-1: RAP Working Progress Overview

PCM MEETINGS:

The Public Consultation Meeting (PCM) was the first main step of the RAP implementation process.

The meetings took place in 7 different places, starting from Dili (Suco Hera) until Manatuto (Aldeia

Obrato). The meetings were attended by the different STAKEHOLDERS, such as; the Project

Management Unit (Mr. Carlos and Mr. Memio), the Consultant (Mr. Odik and Ms. Maria), each Land

and Property representative from both Dili and Manatuto, Administrator of Metinaro, the Suco chiefs,

Aldeia chiefs, other community leaders and most importantly the Affected Persons (APs) for Package

#1. The motive of PCM was to inform the community on the compensation process and the

types of assets that could be classified for the compensation. The result of the meeting concluded that

although certain individuals were skeptical of the compensation process, generally, they would still

support the development of this country by agreeing with the compensation process. (For further

information, please refer to the PCM minutes in the Appendix).

DATA UPDATING SURVEY:

On the second main step of the RAP implementation, there were total of 5 enumerators throughout

package #1. The data updating survey took place for about two weeks from 14th of September until

the 24th of September. The affected assets are divided into three types, such as: Trees/ Plants,

Structures and Land. Each asset has set to their own price for compensation (Refer to Price List in the

Appendix). In addition, the whole compensation for package #1 will cost about US$ 1,174,146.60

(Please refer to the Excel file of the Affected Persons’ List for the total cost for Package #1 Road No.

1 Upgrading Project).

FGD MEETINGS:

The third main step of the RAP implementation is the Focus on Group Discussion (FGD) meeting.


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Likewise with the PCM meetings, the meetings took place in 7 different places. At the same time, the

meetings were attended by the different STAKEHOLDERS as in the PCM meetings; the Project

Management Unit (Mr. Carlos and Mr. Memio), the Consultant (Mr. Odik and Ms. Maria), each Land

and Property representative from both Dili and Manatuto, Administrator of Metinaro, the Suco chiefs,

Aldeia chiefs, other community leaders and most importantly the Affected Persons (APs) for Package

#1. However, at this time the motive of the meeting has shifted to inform the affected persons on the

price list of the affected assets and also to further clarify their individual information based on the

recent data from the previous survey. The result of the meetings showed that the affected persons

have agreed with the price of each asset that have been determined by the government in agreement

with the affected persons and the collected names and assets have all been confirmed to be correct.

(For further information, please refer to the FGD meetings in the Appendix).

Table 1-2: Summary of Impact and losses


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Impact category

Type of affected asset 2013 RAP impacts

2015 Updated RAP

(Validation Report

impacts)

Affected Households

(Affected Persons) based on 2015 Updated

RAP


Houses or (Residential/commercial)


Temporary kiosks 139 units 83 units 83 AHs (614 APs)

Permanent kiosks 24 units 24 AHs (92 APs)

Stalls - 46 units 46 AHs (457 APs) Ancillary structures: (Fences, toilets, kitchens)


Livestock cages 3 units - Total 177 units 393 units

2. Affected land

Residential/Com land 104,572 m2 3,163.00 m2 Total 104,572 m2 3,163.00 m2

3. Affected trees

Timber trees 442 137

168 AHs (840 Aps) Timber & fruit trees 963 48 Fruit trees 1,998 492 Plants 624

Total 3,387 1,301

4. Crops

Total estimated annual yield loss for rice paddy from 4,698m2 affected plots within government-reserved area

- 3,382 kg 11 AHs (55 APs)


Water pipelines 190 pcs 190 pcs Steel electricity pole 103 pcs 103 pcs Concrete electricity pole 113 pcs 113 pcs Total affected utilities 406 pcs 406 pcs


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7. The total number of affected households (AHs) has been estimated at 503 along with 2,951 affected persons (APs). Majority of the AHs will be affected by loss of trees and crops and other ancillary structures. There are only 30 AHs with 133 APs significantly affected by the project through displacement of residential houses and temporary loss of permanent kiosks. About 129 AHs have been affected by temporary loss of temporary kiosks and stalls.

8. The project follow the approach of setting a negotiated price at replacement cost for determining the compensation for any affected asset, which may either be physical or non-physical. Acquisition of land for the project has been done under the provisions of the Expropriations Act (2012). It provides for negotiated purchase as the first approach. Only if negotiations fail, the government will initiate “compulsory acquisition” of land.

9. The RAP is based on JICA’s Guideline for Environmental and Social Consideration (April 2010) as well as Timor-Leste’s applicable/ domestic policy instruments and laws. The RAP fits with the provisions of the RF approved by the Ministry of public works, Government of Timor-Leste. The following section deals with these policies with a comparison of two policies and subsequently deals with the entitlements and eligibility for compensation and other resettlement entitlements.

10. This RAP has been applied for the road network-upgrading project for the implementation of the Dili–Manatuto sub-project. This has ensured that all persons that will be losing land and other fixed assets will get appropriate compensation and rehabilitation assistance.

11. The cut-off date under the project is the date after which people will not be considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census (IOL). The cut-off date under the project has been set tentatively as on Validation survey date. People who move into the area after the cut-off date will not be entitled to any compensation. The following categories of affected persons have been entitled to receive compensation for their losses: (i) those with titles of land recognized on a legal basis; (ii) those with no legal rights but have a claim to the land or assets, and are recognized through a process identified in the RP; and (iii) those who have no legal rights or claims to the land they are occupying before the cut-off date.

12. The negotiated prices in conformity with the Expropriations Act, and JICA policy, has been ensuring that the APs receive the right replacement cost for the loss of their land and other fixed assets, (houses, other structures) including crops, and trees. While APs with recognizable land rights/claims will be receiving a fair compensation/price at replacement rate for their land, those without such rights will be compensated for assets attached to the land that they occupy, such as houses, kiosks, and other structures. They will also be entitled to assistance for restoring their livelihood and income. APs without


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legal title or legitimate claim will be entitled to compensation for non-land assets only and other assistances. Vulnerable persons and women-headed households will qualify for special assistance. An entitlement matrix is presented in Table 2.

13. Result of Validation survey and Negotiation has been put in Agreement Letter and has been signed by Affected House Hold leaders. After the process has been ratified, the PMU under the MPW will sign as the government representative. Furthermore, each Suco chiefs, the Land and Property and the Consultant, will also sign the agreement as witnesses through the RAP process.

14. In conformity with the Expropriations Act, it is important to deal effectively with APs’ concerns pertaining to resettlement impacts such as compensation, rehabilitation, and delays in payment. To ensure this, a simple, accessible, transparent, and effective grievance redress system will be established.

15. The PMU under the MPW has the overall responsibility for implementing the sub-project. The PMU has been strengthening its capacity with a social safeguard specialist to plan and implement land purchase and resettlement, train counterpart staff, and monitor resettlement in the sub- project. To this end, an Environmental and Social Unit (ESU) has been established in the PMU. The ESU has a national social safeguards specialist and an international social safeguards specialist. A valuation specialist has been provided to assist the MOJ/DLPCS in the valuation of property in order to keep appropriate compensation in place. The international safeguard specialist at PMU has been assisting in the management of all resettlement activities including the process of reaching adequate compensation. If the situation demands, PMU will engage an experienced NGO, active in the project area, to assist in dealing with the process of consultation, negotiating compensation, and resolving disputes.

16. All costs associated with land purchase and resettlement will be provided by the government. The entire resettlement for the road improvement project is estimated at US$ 1,174,146.60.


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Table 1-3: Entitlement Matrix

Type of Loss Unit of Entitlement Details of Entitlements Responsibility 1. Permanent loss of homestead

and commercial land Title Holders/Claimants • Compensation for the loss of residential land at

negotiated price, ensuring replacement cost; • Compensation for the residential structure (part or

full) at replacement rates without depreciation; • Transitional allowance for a maximum of 9

months, at $100 per month, if the residual land is not viable (land acquired is 75% or more of the total land holding of the title holder); Or, for 3 months if the residual land is viable;

• If the household is vulnerable, transitional allowance will be for 12 months;

• All fees, taxes and other charges as applicable under relevant laws incurred in the relocation and resource establishment are to be borne by the project;

• Landless/vulnerable Aps will be assisted to find an alternative land/plot.

PMU in coordination with MOJ/DLPCS. Ministry of Finance, with assistance from valuation specialist, local authorities and community leaders.

2. Permanent loss of residential/commercial structures of owners/claimants

Owners of structure • Compensation for house/structure(s) at negotiated price ensuring replacement value;

• Transitional assistance to cover a maximum of 9 months rental accommodation; if the household is vulnerable, transitional allowance will be for 12 months;

• One-time lump sum shifting allowance of $200 for temporary, semi-permanent, and permanent structures;

• Right to salvage materials from the demolished structure;

• Vulnerable Aps will be provided on a one-time rehabilitation grant in the form of productive assets.


3. Annual/Seasonal Crops Household • Compensation at market value of crops for three years, plus one assistance grant of $100 for purchase of seeds for the next season.

PMU in coordination with MOJ/DLPCS. Ministry of Finance, with assistance from valuation specialist, local authorities and community


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leaders. 4. Tree Claimant of the affected tree • Compensation oat replacement cost of affected

tree estimated during IOL and finalized with DLPCS


PMU with assistance from relevant government ministries and valuation specialist.

5. Income from business Kiosks • One time lumpsum transfer grant of $100 per kiosk;

• Transitional allowance of $100 for 4 months per household

PMU in coordination with DLPCS and with assistance from local authorities and community leaders.

6. Impact on vulnerable Aps Vulnerable and women-headed household identified by IOL

• In addition to the above standard package, vulnerable AP households will receive the following:

• Additional special assistance of 4100 for an extra two months for vulnerable household

PMU with assistance of local authorities and community leaders

7. Unforeseen impact Concerned persons affected • Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework



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CHAPTER 1: INTRODUCTION 1.1. Background Timor-Leste has begun rebuilding its national infrastructure after years of suffering from conflict and underdevelopment. Nationwide physical infrastructure development, including road network development, is now recognized by the country as a top priority to accelerate its economic opportunities and in order to reduce poverty. Given the emphasis on nationwide development of road infrastructure, the Government of Timor- Leste has planned to upgrade the 116 km A-01 National Road No. 1 under the Upgrading Project Dili–Baucau Section, with financial support from the Japan International Cooperation Agency (JICA). The Ministry of Finance (MOF) is the project-executing agency (EA) and the Ministry of Public Works (MPW) is the project-implementing agency (IA). Project implementation works will be managed by the MPW through its existing Project Management Unit (PMU), supported by the Project Implementation and Support Consultants (PISC). The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of the Dili-Baucau section. With a length of about 56.4 km. it is a strategically placed road to link the districts of Dili and Baucau which may further help improve area’s business transactions in the future. The strategy for the project is to minimize land requirements by confining the project’s construction works within the existing road corridor to the extent possible. However, it will inevitably be necessary to acquire some land and other assets for the widening and raising of road embankments, which will cause involuntary resettlement impacts. To address these resettlement impacts, the present draft Resettlement Action Plan (RAP) for the Dili-Manatuto Section has been based on the impact survey, census, socioeconomic survey of the affected persons (AP), as well as consultations with the AP population and various stakeholders. The physical implementation of improvement works includes the widening of the existing road to achieve a width of 10-12 m, 6 m wide carriageway, and 1-2 m wide shoulder on each side. The improvement works will also include drainage construction. The strategy for the project is to minimize land requirements by confining the construction works within the existing road corridor to the extent possible. The strategy also includes some compromise on reducing the embankment width even to 2 m at certain sections of the road stretch. To address these resettlement impacts, the present draft Resettlement Action Plan (RAP) has been formulated in conformity with JICA’s safeguard requirements on involuntary resettlement under the Safeguard Policy Statement, adhering to the resettlement principles and procedures outlined in the Resettlement Framework (RF), adopted by the Government of Timor-Leste for the Road Network Upgrading Project. The Ministry of Finance as the project executing agency and the Ministry of Public Works (MPW) as the implementing agency will follow the RF principles and procedures to comply with the Government‘s applicable laws and regulations and


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relevant policies of JICA. The objectives are as follows: (i) avoid resettlement impacts wherever possible; Land acquisition and resettlement for the project has been carried out in conformity with the Expropriations Act (2012). For acquiring land and other assets, the project will follow the provisions of the Act, which provides for negotiated purchase as the first approach. The Parliament of Timor-Leste has passed the Expropriations Act in consideration of the land to be obtained for this project. Cadastral surveys will be conducted as part of this process and impacts will be reassessed. Consequently, the estimates in the summary of impact may have to be revised and updated. (ii) Minimize impacts by exploring alternatives; (iii) enhance or at least restore the living standards of APs; and (iv) improve the living standards of the poor and vulnerable APs. 1.2. Project Description The National Road No. 1 Upgrading Project Dili–Manatuto Section is a part of the Dili- Baucau section, with a length of about 56.4 km. It is strategically placed road to link Dili-Baucau, which may further help improve business transactions in the future. The road line within the geographic coverage of the two districts is presented in Figure 1-1, Dili and Manatuto Project Location Map.

Figure 1-1: Project Location Map

The physical implementation of improvement works includes widening of the existing road to achieve a width of 10-12 m, consisting of 6 m wide carriageway, and 1-2 m wide shoulder on each side. The improvement works will also include drainage construction. The strategy for the project is to minimize land requirements by confining the construction works within the existing road corridor to the extent possible. The strategy also includes some compromise on reducing the embankment

54.40 KM


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width even to 2 m at certain sections of the road stretch. However, it will inevitably be necessary to acquire some land and other assets for the widening and raising the road embankment, which will cause involuntary resettlement impact. 1.3. Objectives of RAP This RAP attempts to define the practical procedures by which the Implementing Agency (IA) has been able to obtain the required land and property from the APs and the address of the potential resettlement impacts to be incurred by the project. The RAP shall be in line with the applicable policy and legal framework of the government, ensuring that the principles of the JICA’s policies on involuntary resettlement are applied. In this process, the primary objectives of the RAP are as follows: (i) identify the project impact on the community in terms of loss of land and other assets, as well as impact on livelihood and income; (ii) outline measures to mitigate its adverse impacts; (iii) provide an estimate for budgetary allocation for compensation of loss of assets and resettlement benefits; and (iv) provide procedures for internal and external monitoring of resettlement implementation. The impacts are documented in the RAP, corresponding to the available engineering design of the road alignment as of September 2013. It includes inventory of all the Aps who experienced the actual magnitude of impact on their land and other properties, together with compensation for their losses. 1.4. RAP-Related Conditions Project implementation works has been contingent in the compliance with the following conditions:

• Approval of this RAP by the Government of Timor-Leste and JICA; • Full disclosure of this RAP to the public; • Full implementation of the compensation program described in this RAP

including the full delivery of compensation to the APs; • External monitoring agency/consultant is in place; and ‘No objection signal’

offered by JICA for the commencement of physical works.


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CHAPTER 2: SCOPE OF LAND RESETTLEMENT 2.1. Scope and Rationale for Land Acquisition/Resettlement Upgrading Project for Dili–Manatuto Section will be following the road’s existing alignment to the maximum extent possible to minimize resettlement impacts. The road upgrading works will consist of earthworks, which include road widening at areas where it is considered absolutely necessary, retaining structures, drainages, bridges and pavements. The road will be upgraded to all weather, asphalt-surfaced standard that will enable it to carry loaded container trucks as a minimum. Upgrading of the road will affect structures, small roadside businesses, trees (both fruit and timber), and cash crop plants like orange and banana. A total of 605 households will be affected by the project. 2.2. Measures to Minimize Land Acquisition Impact Initially, the proposed widening of the road involved major impacts on land, structure, trees, and other assets. In the subsequent efforts to avoid and minimize resettlement impacts to the maximum extent possible, the project adopted a compromised strategy as follows:

• Road adjusting within the available government-owned lands; • Paying careful attention to the detailed design of the road to stay close to the

existing alignment as far as possible in order to avoid land acquisition impact; • Realigning of the embankment to avoid existing structures or built-up areas if

possible; and • Paying careful attention to the detailed alignment in the vicinity of sensitive

cultural features in order to avoid impacts upon them. Following the above alternatives, a great extent of impacts on land, trees, and other assets have been minimized. After reviewing the impacts and realigning the road stretch, the number of affected households has been substantially decreased to 503 households. 2.3. Summary of Impacts The project has carried out an extensive exercise to minimize adverse resettlement impacts. This approach shall affect in the resettlement impact of 503 households in terms of their structure, land, and business. There are only about 30 AHs with 133 APs that have significant impact identified by the survey. The total number of APs has been estimated at 2,951. An area of about 3,163.00 m2 of residential land and about 1,301 trees will be affected by the project. There will be 4,698 m2 of crop farming area that will be affected by the project with a total of 3,382 kg of annual yield loss harvests. Table 2-2 summarizes the whole resettlement impact of the project. The subsequent Section 2-4 of this chapter details the losses in each category.


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There are 3 types of utilities, which will be affected by project namely, 190 units of water pipeline, 103 units of Steel Electricity Pole (SEP) and 113 units of Concrete Electricity Pole (CEP). These affected utilities will be included in the civil works quantity and cost.

Table 2-2: Table of Impact and Losses

2.4. Impact Assessment 2.4.1 Impact on People

Impact category

Type of affected asset 2013 RAP impacts

2015 Updated RAP

(Validation Report

impacts)

AHs&APs based on 2015 Updated RAP


Houses or (Residential/commercial)


Temporary kiosks 139 units 83 units 83 AHs (614 APs)

Permanent kiosks - 24 units 24 AHs (92 APs)

Stalls - 46 units 46 AHs (457 APs) Ancillary structures: (Fences, toilets, kitchens)


Livestock cages 3 units - Total 177 units 324 units

2. Affected land

Residential/Com land 104,572 m2 3,163.00 m2 Total 104,572 m2 3,163.00 m2

3. Affected trees

Timber trees 442 137

168 AHs (840 Aps)

Timber & fruit trees 963 48 Fruit trees 1,998 492 Plants - 624 Total 3,387 1,301

4. Crops

Total estimated annual yield loss for rice paddy from 4,698m2 affected plots within government-reserved area

- 3,382 kg 11 AHs (55 APs)


Water pipelines 190 pcs 190 pcs Steel electricity pole 103 pcs 103 pcs Concrete electricity pole 113 pcs 113 pcs Total affected utilities 406 pcs 406 pcs


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As mentioned in the previous section, a total of 503 households will be affected by the road upgrading project. Of these, 6 households are residential with 41 APs, 107 households are kiosk business owner with 706 APs and 46 households are stalls business owner with 457 APs. Among the six Sucos, The Uma Caduak has the highest number of affected households in all types of affected assets and Suco Ailili is the least in terms of affected assets. The rest of affected Sucos are insignificantly affected by the project.

2.4.2. Impact on Land As mentioned in Section 2.3, a total area of 3,163 m2 is a privately owned land that has been affected by the project. There are 6 households that will suffer from loss of land. (Table 2-3).

Table 2-3: Detailed of Affected Land

Suco Residential Land

Owner M2 Hera 7 268.28 Sabuli 9 431.00 Duyung 20 522.42 Uma Caduac 75 1,312.80 Sau 1 612.50 Ailili 1 16.00 Total 113 3,163.00

2.4.3. Impact on Trees/Rice Paddies Impact on Rice Paddies (Natar). There are about 11AHs that owns 4,698 plots of rice paddies and about 55 APs belongs to this AHs. The computed annual yield loss for this affected rice paddies is 3,382 kilograms per year of harvest.

Table 2-4: Impact on Trees

Plant Hera Sabuli Duyung

Uma Caduac

Sau Ailili TOTAL

Owner Qty Owner Qty Owner Qty Owner Qty Owner Qty Owner Qty Aidila 9 24 1 1 2 3 4 34 1 3 1 4 18 Ai Teka 3 4 5 7 4 16 28 78 1 7 41 Nu'u 8 18 5 10 11 40 43 109 6 42 73 Has 7 12 10 14 6 15 2 4 1 2 1 1 27 Hudi 7 12 10 14 6 15 2 4 1 2 1 1 27 Ai Besi 1 2 1 Ai Lele 3 7 3 Aiata 6 7 5 5 1 5 14 45 1 1 27 Ai 19 136 2 4 21


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Funan Avocate 1 1 1 Blimbi 1 2 1 1 1 1 3 Gulabas 5 5 1 1 1 1 1 1 8 Jambu 2 4 2 2 5 7 3 5 1 1 13 Fehuk 1 1 1 Ai Kameli 1 3 1 Derok 4 7 1 7 5 Ai Tali 1 2 1 5 6 Sukaer 0 Ai Kadiru 20 355 17 119 37 Ai Nanas 1 1 2 20 3 Mahoni 1 1 1 2 2 10 4 Ai Farina 1 1 2 5 3 Rumao 1 3 1 2 1 1 3 Sabraka 1 6 1 5 2 Kaiju 2 4 2 5 4

75 240 38 53 59 465 131 457 17 70 12 16 1301


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Figure 2.2: The three categories of Affected Trees: Timber, Timber and Fruit, and

Fruit.

Overall, there are total of 1301 trees of 24 different types and 4,698 of Rice Paddies (Natar), which have been affected (Table 2-6) by Dili – Manatuto Road No. 1 Project. Among these, 740 are classified as timber trees, 273 as fruit trees and 288 as fruit-timber trees. Depending on the time of implementation of land acquisition, the total number of trees that have to be removed will be greater. The total cost of trees is about $52,995.00 (See Table 2-5). 2.4.4. Impact on Structures Based on the measurement survey and PCM conducted in each project location, From the total of 324 affected structures (including ancillary strcutures) there are 6 AHs to be resettled , and the rest will experience temporary impact. (See Table 2-6).

Table 2-5: Extent of Impact on Structure

Suco

Permanent House

Semi-Permanent

House

Temporary House

Permanent Kiosk

Semi-Permanent

Kiosk

Temporary Kiosk Stall

(Unit)

Owner Qty (m2)

Owner Qty (m2)

Owner Qty (m2)

Owner Qty (m2)

Owner Qty (m2)

Owner Qty (m2)

Hera 1 6.88 1 10.3 1 20 3 83.75 1 147.35

Sabuli 1 56.0 3 198 1 76.5 3 100.5

Duyung 4 215.9 16 306.52 10

Uma Caduac

13 348.7 21 355.1 38 609.00 36

Sau 2 27.2 3 83.72

Ailili 1 4

Total 4 90.08 1 10.3 2 4 24 866.32 25 515.35 58 1,163.37 46

($) Cost of affected structures

$ 22,520.00 $ 1,287.50 $ 250.00 $ 216,580.00 $ 73,294.00 $ 35,465.60 $ 4,600

Total Cost of Affected Structures $ 353,996.90


Page | 9

The overall compensation for structure is $353,996.9 along with the additional 25% subsidies from the total affected value for the labor cost. All the Affected Persons will be compensated through Bank BNCTL for every type of assets. The PMU will be in charge of the compensation (See Appendix the PCM). The detailed procedures and type of compensation are summarized on the minutes from the PCM and from the FGD. 2.4.5. Impact on Income As mentioned earlier, there are 153 roadside business establishments which are actually kiosks (temporary shops, semi-permanent, permanent, and STALL) operating within the project area. These kiosks will suffer temporary losses due to the project. These structures will be affected for a limited period during the construction of a particular section of the road only and especially temporary kiosks and stalls could be easily moved in the same area and resume business. In addition, there is also an additional compensation for Natar (Rice Paddies) for two-harvest period over a year. The income losses for Natar calculations are based on the total affected land (m2) times the productivity (3.6 tons) and divide them by hectare (10000 m2). The result will be then times by the total harvest time per year (2).

* Formula used in computing Income loss

Table 2-6: Usage and Income from Affected structure

Suco Income Loss Compensation Kiosk Natar

AHs Value AHs Value Hera 5 1400.00 0 0 Sabuli 7 600.00 0 0 Duyung 20 1800.00 0 0 Uma Caduac

75 9100.00 0 0

Sau 1 900.00 3 1257.12 Ailili 1 300.00 8 2125.36 Total 107 $ 14,100.00 11 $ 382.48

Figure 2-3: The Three types of Income Loss additional compensation.


Page | 10

Almost all the Sucos have the additional income loss compensation for structures and for Kiosk (Businesses). The calculation of these data is based on the m2 price of structure. On the other hand, Only Suco Sau and Ailili will get the additional compensation for Natar (Rice Paddies), and the calculation is based on the number of paddy produced every m2 and divide them by every hectare (See previous Formula for Income Loss).


Page | 11

CHAPTER 3: POTENTIAL INPUTS 3.1. Additional Information Based on the information extracted throughout our survey, we have been verbally notified that there are certain affected persons whom will be relocated into another location in which will not be affected by the project. In this case, certain communities in Aldeia Behauc, Suco Uma Caduac (Sta. 37+000- Sta. 37+400), that could fall under Affected Persons may move before the construction process as MCIA (Ministry of Commerce, Industry and Environment) has provided a more suitable location for their businesses. The following table will describe the different types of the affected assets along with the total cost of the referred location.

Table 3-1: Affected Structures and Total Cost

Types of Structure

Number of Affected objects

Total Amount (US$)

Cost Item

Permanent 2 6,200 Structure + Construction Compensation (25%) + Lost Income Compensation

Semi-Permanent 3 6,425 Structure + Construction Compensation (25%) + Lost Income Compensation

Stall 29 5,800 Structure + Lost Income Compensation

Total 34 $ 18,425.00 Field Photograph:

3.2. Scope of RAP implementation


Page | 12

The RAP implementation process took place for about six (6) months. The process has three main steps along with the different other steps, which involves a lot of communication with the community leaders. Along with these steps, there were certain difficulties that the consultant encountered throughout the process, such as: a few miscommunications with certain community leaders, and also a few miscommunications with the affected communities themselves. Furthermore, we have come to realize that the role of the community leaders is very crucial in the RAP implementation process, as they have the full power and the full trust from each of their communities. Therefore, to implement this process, it is essential to listen to the community leaders’ one step ahead before we conduct a meeting with their community. 3.3. Barriers and Possible Recommendations The following points will utterly describe certain difficulties that we faced throughout the RAP updating process:

• Based on the data collected during the updating survey, there has been several NN (No Names) on the list. One issue here is because many of the missing asset owners did not live around the village. For instance, there are many people from Dili Capital who own some land in Metinaro, which made it difficult for the local leaders to contact them. As a result, a few of them could not participate in the updating survey. On the other hand, there have been a few cases where the community leaders of the affected Sucos forgot to send the invitations on time, and as a result, a few affected communities did not participate in meetings and especially in the data updating survey. Therefore, for a future reference, it is important to keep a close watch on the community leaders by doing a follow up on the delivery of information to their communities.

• During the PCM meetings, the PMU has notified certain community member

to bring along their Bank Account. However, it has come to our concern that almost every affected community members have no Bank Account. This has become an issue that it will gradually hinder the process of compensation. Therefore, since no compensation can be done without the Bank Account, one thing to keep in mind that the PMU should quickly process the compensation because the longer the process takes, the higher the number of communities that will be skeptical on the compensation process.

• Besides, there are certain cases of land conflicts of different owners.

Therefore, it is important to note a clear owner of any specific affected assets.

• In terms of price, although the Ministry of Agriculture has legally approved the price of plants, it has come to our concern that there are a few economically valuable plants that have been left out on the price list. Those plants are: Ai Kadiru, Ai Nitas, Ai Lele and Ai Na’a. These plants were paid with the guidance of the Ministry of Agriculture and negotiation with the affected persons.


Page | 13

• Furthermore, throughout the process of FGD information meeting, it has come to our concern that there is no formal price list for structures. This can be seen from the informational meetings for structure that relatively different between Suco Hera and other Sucos throughout the Package #1 (refer to FGD Minutes). The prices were arrived based on the assessment done by the consultant supervision consultant on the existing construction cost for the structure in discussion with the affected persons.

3.4. Additional Changes in the Future In overall, the RAP implementation process is near completion. This project could have progressed faster if the administrational process was all cleared from the start. For instance, the process was delayed for a short period of time because there was no clear logistical support, such as: transportation and budgeting.

National No. 1 Upgrading Project, Package 1 (Dili – Manatuto)

Minutes from the Focus on Group Discussion (FGD)

October 20, 2015 – December 4, 2015

Meeting Topic

: Focus on Group Discussion informational

meeting on the price of

the asset loss.

Note by : Ms. Maria Martins da Silva (National Social Safeguards Specialist)

Date Starting Time

: :

20/10/2015

09:00 AM

Presenter : Mr. Carlos Alberto de Deus (National Safeguards Specialist, Project Management Unit – PMU)

Place : The Administrative Post of Metinaru Sub-District

Number of Participants

: 51

Stakeholders : 1. The Administrator of Metinaru Sub-District, Mr. Fausto Soares Dias. 2. Land and Property Dili, Officer Mr. Abrao Ximenes. 3. PMU-JICA Officer Mr. Memio Guterres. 4. PMU National Safeguards Specialist, Mr. Carlos Alberto de Deus. 5. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins

da Silva. 6. Suco Chiefs of Sabuli and Behauc. 7. Aldeia Chiefs. 8. Affected Individuals.

Main Points from the Discussion

: NB: Before we started the meeting, The Administrator of Metinaru decided to have a separate meeting with Land and Property, PMU and the Nippon Koei consultant in order to decide the cost of land. Furthermore, the PMU also used the chance to notify the administrator that the winning contractor has been announced for Package #1. Hence, the government is trying to fast forward the compensation process. After 10 minutes of meeting, we all came up with the agreement for the price of land from the range between $4 and $6 for later discussion on the price of land. Price Negotiation Session:

Ms. Maria Martins da Silva started off the meeting by stating the motive of the meeting.

- The motive of the meeting was to share the price information on the affected assets, such as: price of plants, price of structures, price of fences and price of land.

- At the same time, since it was the first FGD meeting, the government is trying to discuss on the price of land. Therefore, there will be a separate discussion related to the fixed price of land compensation. That price will then be used to set the compensation price for package #1 and the government could possibly use that price set for package #2.

The Administrator of Metinaru Sub-District continued with a few words on the community collaboration for the discussion:

- He requested the community to collaborate with the government and the consultant throughout the whole meeting and to clearly pay attention to the following prices that will be explained.

- Furthermore, he requested the community to collaborate with the government in the land price negotiation because the determined price will be used throughout the whole Metinaru Sub-District and it may be used throughout Dili to Manatuto.

- He further emphasized on the importance of the Economic Development for the community of Metinaru and he also emphasized on the advantages that could be obtained once the road is fully constructed.

Mr. Carlos Alberto de Deus further continued on the meeting by explaining the price list on the affected assets:

- The price list for plants was obtained from the Ministry of Agriculture. The listed plants were based on the economically valuable plants as it was emphasized during the Public Consultation Meeting (PCM) activity where the compensated plants should be economically valuable where people could eat and sell.

- Mr. Carlos moved to the structural price list, which was obtained from the Ministry of Public Works under the PMU department. The price is set for every AP’s house compensations around Timor Leste.

• The compensation for temporary structure is set to be $50 for every m2 of house and in addition to that the government will provide 25% of the total amount of the affected cost to allocate for the labour cost of the new construction.

• The compensation for Semi-Permanent structure is set to be $100 for every m2 of house and in addition to that the government will provide 25% of the total amount of the affected cost to allocate for the labour cost of the new construction.

• The compensation for Permanent structure is set to be $200 for every m2 of house and in addition to that the government will provide 25% of the total amount to the affected cost to allocate for the labour cost of the new construction.

- Before Mr. Carlos stepped on the price of land, he also give a short information on the compensation process in other places, such as: APs compensation in Suai. The price compensation for land/ m2 in Suai was set to $3. However, the government is fully aware that Metinaru is part of the Dili Metropolitan, therefore the government is considering to increase the price to $4/ m2 of land. However, the considered price could still be discussed to be increased based on several reasons

The Mechanism of the Compensation will take place through the BNCTL Bank Account, which will be done through the PMU.

- In overall, the PMU will open up the bank account of the affected persons whom do not own BNCTL bank account. From then own, the government will proceed for the compensation through the Ministry of Finance and the Finance department will wire the APs money to the individual’s bank account in BNCTL.

Discussion Questions

: For this first meeting, most of the community is considered to bring forth their inputs on the price of land in order to come up with the fixed price for land/m2. Mr. Abrao Carceres as one of the affected persons started off the discussion by stating although the price is based on the compensation but it is unfair to set the compensation price as $4 because the selling price of land in Metinaru ranges from $4 to $7. If the government could increase the price of land to at least give the average between $4 and $7 instead of putting up the lowest range for the market price of land. On the other hand, Domingos da Costa Oliveira was wondering if he would still be compensated although he was not present on the last survey.

- In response to his question, Mr. Carlos explained that the government will definitely compensate people who did not present during the survey as long as the claimed land originally belongs to them.

- In addition, the consultant will collect the missing names from the survey in which the owners could be identified.

Julio Canizo asked an interesting question on the information which the government might have left out. He asked if there was any compensation for fences because the survey team also identified the affected fences

- Mr. Carlos stated that there will be a compensation for fences. However, the compensation cost also includes Wooden Fence and Permanent Fence. So far, there is no price for “Metal Strings Fence”. However, it is assumed that the price for Strings Fence would be between the Wooden Fence and the Permanent Fence.

Juliao Soares asked if there could be a possibility to increase the price of land because it is too expensive.

- After many complaints from the community, Mr. Abrao Guterres from Land and Property Dili stated that the price of land could only be increase to $5. Therefore, the panels decided to set the land compensation to be $5 per m2 of land.

The meeting was concluded with the price of $5 for the m2 of land. NB: The second meeting was cancelled due to the complete presence of the

Behauc community. Thus, the Chief Administrator decided to cancel the afternoon

FGD. Regarding the individuals that did not present at the morning afternoon, the

Administrator claimed that those missing people could get the FGD information from the Post Administrator.

Hence, the second meeting was terminated.

Pictures




Meeting Topic

: Focus on Group

Discussion informational

meetings on the price of the asset loss.


Date Starting Time

: :

21/10/2015

09:00 AM


Place : Suco Duyung Number of Participants

: 70

Stakeholders : 1. The representative of the Administrator of Metinaru Sub-District, OGL. 2. Land and Property Dili, Officer Mr. Abrao Ximenes. 3. PMU-JICA Officer Mr. Memio Guterres. 4. PMU National Safeguards Specialist, Mr. Carlos Alberto de Deus. 5. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 6. Suco Chiefs of Duyung. 7. Aldeia Chiefs. 8. Affected Individuals.


: Price Informational Session:

Ms. Maria Martins da Silva started off the meeting by stating the motive of the meeting.


- Since we have set the price from Sabuli, today’s discussion would evolve around the information of land/ m2 based on the previous meeting.

OGL continued by passing the administrator’s messages to the community:


- He further emphasized on the importance of the Economic Development for the community of Metinaru and he also emphasized on the advantages that could be obtained once the road is fully constructed.


- The price list for plants was obtained from the Ministry of Agriculture. The listed plants were based on the economically valuable plants as it was emphasized during the Public Consultation Meeting (PCM) activity where the compensated plants should be economically valuable in which people could eat and sell.





- For the price of land, Mr. Carlos explained that the price has been determined from the previous meeting in Sabuli. Thus, the price for land is $5 /m2. Therefore, if there was any complaint on the price of land, but it has been decided and we are trying to keep the price similar to all the places.

- In addition to that, there are also compensation for Fences, in which the price of Wooden fence is $2/m and $15/m for Permanent fence compensation.

The Mechanism of the Compensation will take place through the BNCTL Bank Account, which will be done through the PMU.



: In summary, there were several complaints on the price of land/m2 because the community felt that the price is too low compared to the normal selling price for the community. Many of the complaints came from the people who bought the land because they bought the land higher than the compensation. - In response to that, Mr. Carlos replied by stating that the price set is not to determine how much individuals would buy the land or to sell the land. Instead, the price is considered to be a compensation price where the PMU and the Land and Property decided to set the standard price for land compensation. Therefore, the price of land is not set for the replacement cost.

Pictures




Meeting Topic

: Focus on Group




Date Starting Time

: :

21/10/2015

13:00 PM


Place : Aldeia Manuleu, Suco Duyung


: 60

Stakeholders : 1. The Administrator of Metinaru Sub-District, Mr. Fausto Soares Dias. 2. Land and Property Dili, Officer Mr. Abrao Ximenes. 3. PMU-JICA Officer Mr. Memio Guterres. 4. PMU National Safeguards Specialist, Mr. Carlos Alberto de Deus. 5. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 6. Suco Chiefs of Duyung. 7. Aldeia Chiefs. 8. Affected Individuals.



Ms. Maria Martins da Silva started off the meeting on the motive of the meeting.


- Since we have set the price from Sabuli, today we will just share the information of land/ m2 based on the previous meeting.

The administrator’s messages to the community:


- He further emphasized on the importance of the Economic Development for the community of Metinaru and he also emphasized on the benefits that could be obtained once the road is fully constructed.









The Mechanism of the Compensation will take place through the BNCTL Bank Account which will be done through the PMU.



: In summary, there were several complaints on the price of land/m2 because the community felt that the price is too low compared to the normal selling price for the community. Many of the complaints came from the people who bought the land because they bought the land higher than the compensation.

- In response to that, Mr. Carlos replied by stating that the price set is not to determine how much individuals would buy the land or to sell the land. Instead, the price is considered to be a compensation price where the PMU and the Land and Property decided to set the standard price for land compensation.

Compensation is not the same as Replacement Cost and therefore it will not be basing on the market price of land.

Some of the affected persons complained on why Ai-Kadiru, Ai Tali and Ai Lele are not considered in the price list, as these trees had great economical values for many productions in food and tools.

- Mr. Carlos responded by stating that although these trees were not included on the price of trees from the Ministry of Agriculture, but the PMU will consider them for the compensation.

Mr. Abrao added that the country’s interest and the government’s consideration to the public, hence, the government is willing to compensate the affected individuals who will be affected in the process of Development.

Pictures




Meeting Topic

: Focus on Group




Date Starting Time

: :

23/10/2015

10:00 AM


Place : Aldeia Obrato, Suco Sau Number of Participants

: 60

Stakeholders : 1. The Suco Chiefs from both Ailili and Sau. 2. Land and Property Manatuto, Director Mr. Francisco Borges. 3. PMU National Safeguards Specialist, Mr. Carlos Alberto de Deus. 4. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 5. Aldeia Chiefs. 6. Affected Individuals.






Suco Sau’s Chief messages to the community:





• The compensation for temporary structure is set to be $50 for every m2 of house and in addition to that the government will provide 25% of the total

amount of the affected cost to allocate for the labour cost of the new construction.










- Compensation is not the same as Replacement Cost and therefore it will not be basing on the market price of land.

Mr. Borges added that the country’s interest and the government’s consideration to the public. Hence, the government is willing to compensate the affected individuals who will be affected in the process of Development. Some of the affected persons complained on why Ai-Kadiru, Ai Tali and Ai Lele are not considered in the price list, as these trees had great economical values for many productions in food and tools.


- In addition, Mr. Carlos also stated that Ai-Sukaer could be considered for the compensation as the community depends a lot on Ai-Sukaer.

Pictures




Meeting Topic

: Focus on Group




Date Starting Time

: :

23/10/2015

10:00 AM


Place : Aldeia Obrato, Suco Sau Number of Participants

: 60

Stakeholders : 1. The Suco Chiefs from both Ailili and Sau. 2. Land and Property Manatuto, Director Mr. Francisco Borges. 3. PMU National Safeguards Specialist, Mr. Carlos Alberto de Deus. 4. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 5. Aldeia Chiefs. 6. Affected Individuals.






Suco Sau’s Chief messages to the community:





• The compensation for temporary structure is set to be $50 for every m2 of house and in addition to that the government will provide 25% of the total

amount of the affected cost to allocate for the labour cost of the new construction.










- Compensation is not the same as Replacement Cost and therefore it will not be basing on the market price of land.

Mr. Borges added that the country’s interest and the government’s consideration to the public. Hence, the government is willing to compensate the affected individuals who will be affected in the process of Development. Some of the affected persons complained on why Ai-Kadiru, Ai Tali and Ai Lele are not considered in the price list, as these trees had great economical values for many productions in food and tools.


- In addition, Mr. Carlos also stated that Ai-Sukaer could be considered for the compensation as the community depends a lot on Ai-Sukaer.

Pictures




Meeting Topic

: Focus on Group




Date Starting Time

: :

5/11/2015

10:00 AM

Presenter : Ms. Maria Martins da Silva (National Social Safeguards Specialist)

Place : Aldeia Fatumetan, Suco Uma Kaduak


: 60

Stakeholders : 1. The Aldeia Chief from Fatumetan. 2. Land and Property Manatuto, Director Mr. Francisco Borges. 3. PMU Resettlement Specialist, Mr. Wilfredo Galang. 4. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 5. Aldeia Chief. 6. Affected Individuals.


: Price Informational Session: Ms. Maria Martins da Silva started off the meeting on the motive of the meeting.



Aldeia Chief’s message to the community:


As Mr. Wilfredo Galang does not speak Tetum, Ms. Maria Martins da Silva represented both the consultant and the government in order to give the government’s information on the prices for the affected assets:

- The price list for plants was obtained from the Ministry of Agriculture. The listed plants were based on the economically valuable plants as it was emphasized during the Public Consultation Meeting (PCM) activity where the compensated plants should be economically valuable in which people could eat and sell. Thus, Ms. Maria started to read the price list of the affected plants to the community as many of them could not read the list.

- Ms. Maria moved to house price list, which was obtained from the Ministry of Public Works under the PMU department. The price is set for every AP’s house compensations around Timor Leste.




- For the price of land, Ms. Maria explained that the price has been determined from the previous meeting in Sabuli. Thus, the price for land is $5 /m2. Therefore, if there was any complaint on the price of land, but it has been decided and we are trying to keep the price similar to all the places.





: Compensation is not the same as Replacement Cost and therefore it will not be basing on the market price of land. Mr. Borges added that the country’s interest and the government’s consideration to the public. Hence, the government is willing to compensate the affected individuals who will be affected in the process of Development. Some of the affected persons complained on why Ai-Kadiru, Ai Tali and Ai Lele are not considered in the price list, as these trees had great economical values for many productions in food and tools.

- Ms. Maria responded by stating that although these trees were not included on the price of trees from the Ministry of Agriculture, but the PMU will consider them for the compensation.

NB: Most of the questions asked during the informational meeting were similar to the previous questions from the previous meetings. During the meetings, Ms. Maria also collected several names that were incorrect in terms of spelling and missing assets which were identified before.

Pictures




Meeting Topic


meetings on the price of

the asset loss.


Date Starting Time

: :

5/11/2015

13:00 PM


Place : Aldeia Behauc, Suco Uma Kaduak


: 50

Stakeholders : 1. The Aldeia Chief from Fatumetan. 2. Land and Property Manatuto, Director Mr. Francisco Borges. 3. PMU Resettlement Specialist, Mr. Wilfredo Galang. 4. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 5. Aldeia Chief. 6. Affected Individuals.











• The compensation for temporary structure is set to be $50 for every m2 of

house and in addition to that the government will provide 25% of the total amount of the affected cost to allocate for the labour cost of the new construction.








: NB: Most of the questions asked during the informational meeting were similar to the previous questions from the previous meetings. During the meetings, Ms. Maria also collected several names that were incorrect in terms of spelling and missing assets, which were identified before.

Pictures




Meeting Topic


meetings on the price of

the asset loss.


Date Starting Time

: :

6/11/2015

10:00 AM


Place : Aldeia Behedan, Suco Uma Kaduak


: 40

Stakeholders : 1. The Aldeia Chief from Fatumetan. 2. Land and Property Manatuto, officer Cesar Alves Soares. 3. PMU Resettlement Specialist, Mr. Wilfredo Galang. 4. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins

da Silva. 5. Aldeia Chief. 6. Affected Individuals.











• The compensation for temporary structure is set to be $50 for every m2 of house and in addition to that the government will provide 25%

of the total amount of the affected cost to allocate for the labour cost of the new construction.









Pictures




Meeting Topic

: Focus on Group Discussion informational meetings on

the price of the asset loss.


Date Starting Time

: :

4/12/2015

10:00 AM


Place : Suco Hera Number of Participants

: 40

Stakeholders : 1. The Aldeia Chief from Hera. 2. Land and Property Dili, officer Abrao da Silva. 3. PMU National Resettlement Specialist, Mr. Carlos de Deus. 4. National Safeguards Specialist Consultant Nippon Koei, Ms. Maria Martins da

Silva. 5. Affected Individuals.


: Price Informational Session: Ms. Maria Martins da Silva started off the meeting on the motive of the meeting.




- He requested the community to collaborate with the government and the consultant throughout the whole meeting and to clearly pay attention to the following prices that will be explained. Furthermore, the Aldeia Chief requested the government to further proceed the process of payment as fast as possible, otherwise, the communities will plant more vegetables along the way as the wet season has started.




• The compensation for temporary structure is set to be between $25-$50 for every m2 of house depending on the condition of the structure. In this case, if a house has only one room, the compensation will be only $25 for each

m2 of structure, and if a house is divided into separate rooms, then the compensation will be set to $50 for every m2.

• The compensation for Semi-Permanent structure is set to be between $75 until $100 for every m2 of house depending on the condition of a house. Similarly, if a house has only one room, the compensation will be only $75 for each m2 of structure, and if a house is divided into separate rooms, then the compensation will be set to $100 for every m2.

• The compensation for Permanent structure is set to be $150 until $200 for every m2 of house depending on the condition of a house. Similarly, if a house has only one room, the compensation will be only $150 for each m2 of structure, and if a house is divided into separate rooms, then the compensation will be set to $200 for every m2 of a structure

• In addition, the compensation for STALL has set to be $100 as a whole compensation


- In addition to that, there are also compensation for Fences, in which the price for a wooden fence is $2/m and $15/m for Permanent fence compensation and $6 for every meter for a wire fence.

NB: The 25% additional compensation was not mentioned during the meeting. The Mechanism of the Compensation will take place through the BNCTL Bank Account which will be done through the PMU.




Pictures :

National No. 1 Upgrading Project , Package 1 (Dili - Manatuto)

Meeting Records

Name of

meeting

: Public Consultation Meeting for Preparing

Data validation and compensation in Suco

Hera, Postu Administrador Cristo Rei,

District Dili.

Note by : Ms. Maria Martins da

Silva (National Social

Safeguards Specialist)

Date

Starting

time

:

:

10/008/2015

09.00 AM

Presenter : Mr. Carlos De Deus

(National Safeguards

Specialist, Project

Management Unit - PMU)

Place : Chief Socu Hera Office Number of

participants

: 24

Participant

s

: 1. Land and Property District Dili Officer Mr. Abrao2. PMU-JICA Officer Mr.Memio3. National Safeguards Specialist PMU, Mr. Carlos Albertho de Deus.4. International Safeguards Specialist Consultant NIPPON KOEI, Mr. Odik Mesakh.5. National Safeguards Specialist Consultant NIPPON KOEI,Ms. Maria Martins da Silva.6. Chief Suco and Aldeias

7. Affected Households

Talking

Points

: The moive of the meeing was to inform the community about the compensaion process as well as

to further clarify the validaion of data that was taken two years back.

1. Suco Chief started of the meeing with some background informaion of the guest speakers

2. Nippon Koei’s representaive (Maria) started to further introduce the background of the

project as well as introducing the guest speakers from PMU and from the Land and Property

Dili

3. PMU’s representaive from the Social Expert, Mr. Carlos de Deus, coninued by further

explaining the compensaion’s process.

a. Mr. De Deus explained the three main types of properies that will be compensated

i. Houses: temporary, semi-permanent, and the permanent houses. In

principle, he elaborated that there are diferent level of price of

compensaion based on the types of houses the project will afect.

ii. Plants: similarly, plants that will be compensated will only be based upon

their economic values. Unless if they have their own economic value, other

plants will not be compensated.

iii. Land: in principle, there hasn’t yet been any ixed price for land

compensaion. Therefore, we will further discuss the cost of land with the

community leaders such as Suco Chief and the Administrator. However, that

being said the government will deinitely compensate every individual

whom their land will be afected by the project.

b. Mr. De Deus also emphasized that there will be the second quick measurement of

road for the validaion of data which will be done by Nippon Koei’s representaives

with the help of PMU. The acivity will be happening in a short period of ime.

c. Another thing that Mr. De Deus emphasized was the transfer of payment for the

compensaion. He stated that all the compensaion process for payment will be

transferred through Bank BNCTL and everyone who will be compensated should at

least have their name registered at the bank.

d. Lastly, he described that based on the law, 5m from the center line belongs to the

government and individuals should not be compensated for the above reason.

4. Quesions and Answers sessions:

a. One ciizen asked a quesion regarding the land owned through Indonesian ime.

She bought her land during the Indonesian ime, and her land is now within the 5m

land that has been claimed by the government. Wouldn’t the government

compensate her since she had previously bought the land from the government.

i. Mr. De Deus responded by clearly stated that although that’s the minimum

standard for a naional road, but it doesn’t mean that we should necessarily

take the exact 5m. It could be less than the number, meaning it could be at

around 3m or even less.

ii. Therefore, that is one of the reasons why we’re doing the measurement for

the validaion of data.

b. Someone asked on what the government will do if the road design will afect sacred

areas such as cemetery, religious statues, cultural areas or any other protected

areas.

i. In respond to that, Mr. De Deus explained that the government is not going

to close their eyes over the protected areas, instead they will make sure to

avoid the protected areas as much as possible.

5. Suggesions made by the community:

a. It would be beter if NIPPON KOEI or PMU could bring the design of the road to

clearly explain the afected area from the project.

b. When the enumerators validate the road, it would be beter if they could line the

afected area that will be afected, so it becomes clear to the community that lives

around the area

c. The guest speakers should start discussing about the price for each cost for

compensaion for the next meeing to clearly explain how much each individual

would get from the compensaion.

Pictures

Meeting Records

Name of

meeting



Sabuli, Postu Administrador Metinaro,

District Dili.

Note by : Ms. Maria Martins da Silva

(National Social Safeguards

Specialist)

Date

Starting

time

:

:

10/008/2015

13.00 PM



Specialist, Project


Place : Postu Administrador Municipio Metinaro

Office

Number of

participants

: 50

Participant

s

: 1. Administrador Municipio Metinaro

1. Land and Property District Dili Officer Mr. Abrao2. PMU-JICA Officer Mr.Memio3. National Safeguards Specialist PMU, Mr. Carlos Albertho de Deus.4. International Safeguards Specialist Consultant NIPPON KOEI, Mr. Odik Mesakh.5. National Safeguards Specialist Consultant NIPPON KOEI,Ms. Maria Martins da Silva.6. Chief Suco and Aldeias7. Affected Households

Talking

Points



1. The Manatuto Administrator started of the meeing with some background informaion of

the guest speakers. Furthermore, he also elaborated more on the importance of the project,

hence, the collaboraion of both paries are important in the progress of the project



Dili
























4. Quesions and Answers sessions:

a. Marins Soares: What should the government do to the people whom their name

wasn’t listed although their property was listed.

i. For that case, Mr. De Deus explained that because of that reason, the

government has considered to validate the previous data which was

extracted two years ago.

b. Amu Angelo asked a quesion regarding the compensaion for the Meinaru Church.

Whether the money will be compensated to the Church.

i. Yes, the money will be compensated by the government

c. Evaristo da Silva asked a quesion regarding the plants. Although the government

will not compensate for the cost of plants that have their own economic cost, what if

those plants are used as their house’s plants.

i. In that case, they will compensate based on the price for the fence instead

of compensaing it as a plant.

5. Suggesions from the meeing:

a. If would be great if the government could quickly process the compensaion instead

of delaying it for another year or two

b. For the next meeting, it would be great if the company could bring the design

of the land and show which area got affected, so the community knows which

area is heavily affected and which one is not.

Pictures

Meeting Records

Name of

meeting



Sabuli, Postu Administrador Metinaro,

District Dili.




Date

Starting

time

:

:

12/008/2015

09.00 AM



Specialist, Project


Place : Chief Suco Duyung Office Number of

participants

:

Participant

s

:


Talking

Points



1. Suco Chief started of the meeing with some background informaion of the guest speakers



Dili
























4. Quesions and Answer sessions:

a. One lady from the community asked a clariicaion of compensaion. She

misunderstood that the NIPPON KOEI company will pay for the compensaion. So,

she wondered that they should pay the cost based on the internaional standard for

land cost.

i. However, the guest speakers responded by staing that the compensaion

cost has nothing to do with the company. The company’s main job is to be

the protocol between the community and the government bodies.

Therefore, the price set of property, land or even plants will be set by the

government.

ii. One other emphasis that Mr. Deus stated is that the payment is not the

replacement of loss instead it is a compensaion of loss where it is based on

the naional interest. Unlike many years back where the government did

not consider the community’s loss for development, this ime, the

government has considered the afected individuals through the process of

development. Therefore, it is important that we, as the ciizen of East

Timor, can collaborate with the government bodies to further progress the

process of compensaion.

b. Is there any job opportunity for the people who live around the area when the

project has started?

i. Sr. Deus explained that there is a policy that ives the opportunity to the

local workers. Deinitely, it will not close the change for the job opportunity

to the local.

5. Feedback from the meeing:

a. I just wanted to say that, during the validaion of data, it would be great if those

afected personnel’s could present their ID (Cartao Eleitoral) so they can take the

picture of their names in order to have the exact name. The reason being, most of

the names that were writen on the list are unclear which had raised a lot of

confusion to the meeing.

b. A few people showed up at the meeing, so it would be great if people who are

presening at the meeing could share the it to them. In addiion, some people only

had their representaives paricipaing at the meeing, therefore, it would be great if

the owner of the losses could come and paricipate at the meeing.

Pictures

Meeting Records

Name of

meeting


Data validation and compensation in

Duyung, Postu Administrador Metinaro,

District Dili.



Specialist)

Date

Starting

time

:

:

12/008/2015

13.00 PM



Specialist, Project


Place : Community Center of Aldeia Manleu,

Suco Duyung

Number of

participants

:

Participant

s

:


Talking

Points



1. Aldeia Manleu started of the meeing with some background informaion of the guest

speakers

2. Pray



Dili
























5. Quesions and Answer sessions:

a. One lady from the community asked a clariicaion of compensaion. She

misunderstood that the NIPPON KOEI company will pay for the compensaion. So,

she wondered that they should pay the cost based on the internaional standard for

land cost.

i. However, the guest speakers responded by staing that the compensaion

cost has nothing to do with the company. The company’s main job is to be

the protocol between the community and the government bodies.

Therefore, the price set of property, land or even plants will be set by the

government.

ii. One other emphasis that Mr. Deus stated is that the payment is not the

replacement of loss instead it is a compensaion of loss where it is based on

the naional interest. Unlike many years back where the government did

not consider the community’s loss for development, this ime, the

government has considered the afected individuals through the process of

development. Therefore, it is important that we, as the ciizen of East

Timor, can collaborate with the government bodies to further progress the

process of compensaion.

b. Is there any job opportunity for the people who live around the area when the

project has started?

i. Sr. Deus explained that there is a policy that ives the opportunity to the

local workers. Deinitely, it will not close the change for the job opportunity

to the local.

6. Feedback from the meeing:

a. I just wanted to say that, during the validaion of data, it would be great if those

afected personnel’s could present their ID (Cartao Eleitoral) so they can take the

picture of their names in order to have the exact name. The reason being, most of

the names that were writen on the list are unclear which had raised a lot of

confusion to the meeing.

b. A few people showed up at the meeing, so it would be great if people who are

presening at the meeing could share the it to them. In addiion, some people only

had their representaives paricipaing at the meeing, therefore, it would be great if

the owner of the losses could come and paricipate at the meeing.

Pictures

Meeting Records

Name of

meeting



Uma Caduac, Postu Administrador Laclo,

District Manatuto.



Specialist)

Date

Starting

time

:

:

13/008/2015

09.00 AM



Specialist, Project


Place : Community Center of Aldeia Fatu Metan,

Suco Uma Caduac

Number of

participants

: 91

Participant

s

:

1. Chief of Land and Property District Mantuto Mr. Francisco Bordes2. PMU-JICA Officer Mr.Memio3. National Safeguards Specialist PMU, Mr. Carlos Albertho de Deus.4. International Safeguards Specialist Consultant NIPPON KOEI, Mr. Odik Mesakh.5. National Safeguards Specialist Consultant NIPPON KOEI,Ms. Maria Martins da Silva.6. Chief Suco and Aldeias7. Affected Households

Talking

Points



1. Aldeia Behauc started of the meeing with some background informaion of the guest

speakers



Dili
























4. Quesions and answers sessions:

a. One man raised a quesion on the conlict of muliple owners for a land. How will

the compensaion work if one land belongs to two owners? How will the

government respond to that?

i. Sr. Abrao from the Land and Property explained that for that case, the

government needs to see on which party has their legal documents over

the land whether it is during the Indonesian ime, Portuguese ime or even

ater the independence.

5. Suggesions during the meeing:

a. During the validaion of data, it would be great if the company could put the exact

date for the measurement of road in order for the people to be aware of the ime

when they can wait for the measurement.

b. Prepare their bank account during the validaion of data if they can, since the

government needs to know the exact number of people who have not had their

bank account set up.

c. It is important for the individuals to show their ID during the validaion of data.

Pictures

Meeting Records

Name of

meeting



Uma Caduac, Postu Administrador Laclo,

District Manatuto.




Date

Starting

time

:

:

13/008/2015

13.00 PM



Specialist, Project


Place : Beheda, Santo Antonio. Number of

participants

: 48

Participant

s

:

1. Chief of Land and Property District Mantuto Mr. Francisco Bordes2. PMU-JICA Officer Mr.Memio3. National Safeguards Specialist PMU, Mr. Carlos Albertho de Deus.4. International Safeguards Specialist Consultant NIPPON KOEI, Mr. Odik Mesakh.5. National Safeguards Specialist Consultant NIPPON KOEI,Ms. Maria Martins da Silva.6. Chief Suco and Aldeias7. Affected Households

Talking

Points



6. Aldeia Behauc started of the meeing with some background informaion of the guest

speakers



Dili
























9. Quesions and answers sessions:

a. One man raised a quesion on the conlict of muliple owners for a land. How will

the compensaion work if one land belongs to two owners? How will the

government respond to that?

i. Sr. Abrao from the Land and Property explained that for that case, the

government needs to see on which party has their legal documents over

the land whether it is during the Indonesian ime, Portuguese ime or even

ater the independence.

10. Suggesions during the meeing:

a. During the validaion of data, it would be great if the company could put the exact

date for the measurement of road in order for the people to be aware of the ime

when they can wait for the measurement.

b. Prepare their bank account during the validaion of data if they can, since the

government needs to know the exact number of people who have not had their

bank account set up.

c. It is important for the individuals to show their ID during the validaion of data.

Pictures

Meeting Records

Name of

meeting



Sau and Ailili, Postu Administrador Manatuto

Villa, District Manatuto.



Specialist)

Date

Starting

time

:

:

14/008/2015

11.00 AM



Specialist, Project


Place : Community Centre of Aldeia Obrato Number of

participants

: 57

Participant

s

:

1. Chief of Land and Property District Mantuto Office Mr. Francisco Borges2. Chief of Obras Publicas District Manatuto Office, Mr. Geraldo.3. Postu Administrador Manatuto Villa Officer.4. PMU-JICA Officer Mr.Memio5. National Safeguards Specialist PMU, Mr. Carlos Albertho de Deus.6. International Safeguards Specialist Consultant NIPPON KOEI, Mr. Odik Mesakh.7. National Safeguards Specialist Consultant NIPPON KOEI,Ms. Maria Martins da Silva.8. Chief Suco and Aldeias9. Affected Households

Talking

Points



1. The representaive of the Administrator of District started of the meeing with some

background informaion of the guest speakers.



Dili
























NB: Almost of the Questions asked during the meeting had all been asked before. Having

Said that, however, some people had asked and also suggested that during the actual

implementation of the project, it would be great that the contractors could put up a wall or a

concrete border on the line. Subsequently, the area that belongs to the community will not be

mixed with the area that has been compensated.

Pictures

Overall summary from the PCM Package #1:

1. Throughout the process of the validaion of data, the project should include several other paries in the

community leaders, such as: Administrador, Chefe Suco, Chefe Aldeia, and the afected paries. Despite

involving the directed paries in the community, the Land and Properies have a major role in the process

of the project.

2. There should be a noice to the community leaders as well as the afected personals of two to three days

prior to validaion of data surveys.

3. The agreement on the length of road based on each Sucos:

a. Hera: The measurement could be measured from the construcion boundary.

b. Sabuli: the measurement could start 3meters from the boundary of the exising road.

c. Duyung, Sau, Ailili & Uma Kaduak: the measurement could start 5 meters from the exising road.



for


Resettlement Action Plan (RAP)

for Package A01-02

(Manatuto-Baucau)

January 2014





NK-PKII-IKI i

Table of Contents

TABLE OF CONTENTS ....................................................................................................................... I

LIST OF TABLES ....................................................................................................................... III

LIST OF FIGURES ....................................................................................................................... IV

APPENDIXES ......................................................................................................................... V

LIST OF ABBREVIATION ................................................................................................................ VI

GLOSSARY ...................................................................................................................... VII

NOTES ......................................................................................................................... X

EXECUTIVE SUMMARY ................................................................................................................. XI

CHAPTER 1 INTRODUCTION ........................................................................................... 1-1

1.1 Background ....................................................................................................... 1-1

1.2 Project Description ........................................................................................... 1-2

1.3 Objectives of RAP ............................................................................................ 1-3

1.4 RAP-Related Conditions .................................................................................. 1-3

CHAPTER 2 SCOPE OF LAND RESETTLEMENT ......................................................... 2-1

2.1 Scope and Rationale for Land Acquisition/Resettlement ................................. 2-1

2.2 Measures to Minimize Land Acquisition Impact ............................................. 2-1

2.3 Summary of Impacts ........................................................................................ 2-2

2.4 Impact Assessment ........................................................................................... 2-3

2.4.1 Impact on People .............................................................................................. 2-3

2.4.2 Impact on Land ................................................................................................. 2-3

2.4.3 Impact on Trees ................................................................................................ 2-4

2.4.4 Impact on Crops ................................................................................................ 2-5

2.4.5 Impact on Structures ......................................................................................... 2-5

2.4.6 Impact on Income ............................................................................................. 2-6

2.4.7 Gender Impact .................................................................................................. 2-6

CHAPTER 3 SOCIO-ECONOMIC INFORMATION AND PROFILE ............................ 3-1

3.1 Working Methodology...................................................................................... 3-1

3.2 Demographic Characteristics of AHs ............................................................... 3-1

3.2.1 Population of AHs ............................................................................................ 3-1

3.2.2 Age of AHs ....................................................................................................... 3-1

3.2.3 Education of AHs ............................................................................................. 3-2

3.2.4 Ethnicity of AHs ............................................................................................... 3-2

3.3 Characteristics of Households ........................................................................... 3-2

3.3.1 Economic Profile of AH ................................................................................... 3-2

3.3.2 Quality of Life Indicators .................................. Error! Bookmark not defined.


NK-PKII-IKI ii

3.4 Economic Details of AHs ................................................................................. 3-3

3.4.1 Poverty Status ................................................................................................... 3-3

3.4.2 Impact of Project on AH’s Livelihood .............................................................. 3-3

CHAPTER 4 LEGAL POLICY FRAMEWORK AND ENTITLEMENTS ....................... 4-1

4.1 Introduction ...................................................................................................... 4-1

4.2 Purpose and Objectives of Land Resettlement ................................................. 4-1

4.3 Existing Policy and Legal Framework for Resettlement in Timor-Leste ......... 4-1

4.4 JICA'S Guideline for Environmental and Social Consideration ....................... 4-2

4.5 Project Policy Framework and Entitlements .................................................... 4-3

4.6 Eligibility and Entitlements .............................................................................. 4-6

4.6.1 Cut-off Date and Eligibility ............................................................................... 4-6

CHAPTER 5 PARTICIPATORY CONSULTATION AND DISCLOSURE .................. 5-10

5.1 Stakeholders .................................................................................................... 5-10

5.2 Key Issues ....................................................................................................... 5-10

5.3 Community Attitude ....................................................................................... 5-11

5.4 Disclosure ....................................................................................................... 5-12

CHAPTER 6 GRIEVANCE REDRESS ............................................................................... 6-1

6.1 Government Policy for Grievance Redress ...................................................... 6-1

6.2 Proposed Measures to Address Grievance........................................................ 6-1

6.3 Compensation Determination Procedure .......................................................... 6-3

CHAPTER 7 INCOME RESTORATION STRATEGY .................................................... 7-1

7.1 Restoration of Income from Structure .............................................................. 7-1

7.2 Restoration of Income from Business ............................................................... 7-1

7.3 Income from Crops and Trees .......................................................................... 7-1

CHAPTER 8 INSTITUTIONAL FRAMEWORK .............................................................. 8-1

8.1 Institutional Setup ............................................................................................. 8-1

8.2 Resettlement Implementation Structure............................................................ 8-1

CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING ...................................... 9-1

9.1 Institutional Arrangements for Financing Resettlement ................................... 9-1

9.2 Budget Description ........................................................................................... 9-1

CHAPTER 10 IMPLEMENTATION SCHEDULE ........................................................... 10-4

10.1 Institutional Arrangements ............................................................................. 10-4

10.2 Implementation Schedule ............................................................................... 10-5

CHAPTER 11 MONITORING AND EVALUATION ....................................................... 11-1

11.1 Institutional Arrangements for Financing Resettlement ................................. 11-1

11.2 Internal Monitoring ......................................................................................... 11-1

11.3 Reporting ........................................................................................................ 11-2


NK-PKII-IKI iii

List of Tables

Table 1-1 Summary of Impact ......................................................................................................... xi

Table 1-2 Project Entitlement Matrix ............................................................................................ 14

Table 2-1 Measures to Minimize Resettlement ............................................................................ 2-2

Table 2-2 Summary of Impact ...................................................................................................... 2-2

Table 2-3 Number of AH and AP on the Basis of Category of Impact ......................................... 2-3

Table 2-4 Detailed of Land Affected ............................................................................................ 2-4

Table 2-5 Impact on Trees ............................................................................................................ 2-4

Table 2-6 Impact on Crops ........................................................................................................... 2-5

Table 2-7 Extent of Impact on Structure ...................................................................................... 2-6

Table 2-8 Usage and Income from Affected Structure ................................................................. 2-6

Table 3-1 Population of AHs ........................................................................................................ 3-1

Table 3-2 Age Distribution of AHs .............................................................................................. 3-1

Table 3-3 Education of AHs ......................................................................................................... 3-2

Table 3-4 Ethnicity of AHs .......................................................................................................... 3-2

Table 3-5 Monthly Income of Affected Families ......................................................................... 3-2

Table 3-6 Main Occupation of Affected Families ........................................................................ 3-3

Table 3-8 Poverty Analysis around the Project Area ................................................................... 3-3

Table 3-9 Loss of Land in Terms of Overall Land Possessed by the AHs ................................... 3-4

Table 4-1 Project Entitlement Matrix ........................................................................................... 4-8

Table 5-1 Summary of Stakeholder Consultations ..................................................................... 5-11

Table 5-2 Consultation Meetings ............................................................................................... 5-12

Table 6-1 Grievance Redress Procedure ...................................................................................... 6-2

Table 8-1 Responsibilities of Agencies ....................................................................................... 8-1

Table 9-1 Resettlement Budget .................................................................................................... 9-1

Table 10-1 Implementation Schedule of the RAP ...................................................................... 10-6

Table 11-1 Internal Monitoring .................................................................................................. 11-1


NK-PKII-IKI iv

List of Figures

Figure 1-1 Project Location Map ................................................................................................ 1-2


NK-PKII-IKI v

Appendixes

Appendix A Price list reference ......................................................................................... A-1

Appendix B Inventory Of Losses Questionnaire ............................................................... B-1

Appendix C Draft Public Information Booklet ............................................................... C-1

Appendix D Public consultation meeting ........................................................................... D-1

Appendix E List of Affected Household ............................................................................ E-1


NK-PKII-IKI vi

























ROW : Right of Way






NK-PKII-IKI vii

Glossary

Affected Household/Family

: All members of a household residing under one roof and operating as a single economic unit, who are adversely affected by the project or any of its components; It may consist of a single nuclear family or an extended family group.

Affected Person : Individuals that are affected by the project through land acquisition, relocation, or loss of income; includes any person, household [sometimes referred to as project-affected family (AF)], firms, public or private institutions; The APs, therefore, include (i) persons whose agricultural land or other productive assets such as trees or crops are affected, (ii) persons whose businesses are affected and who might experience loss of income due to the project’s impact, (iii) persons who lose work/employment as a result of the project’s impact, and (iv) people who lost access to community resources/property as a result of the project.


Compensation : Payment in cash at the current market value or in kind for an asset or a resource that is obtained or affected by a project, in which, the affected people are entitled to in order to replace their lost property or income

Cut-off date : The date after which people will not be considered eligible for compensation, i.e., they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Detailed Measurement Survey

: The detailed inventory of losses that is completed after the detailed design and marking of project boundaries on the ground

Encroachers : People who move into the project area after the cut-off date are therefore ineligible for compensation or other rehabilitation measures provided by the project. The term also refers to those extending attached private land into public land.

Entitlement : The range of measures comprising cash or kind compensation, relocation cost, income restoration assistance, transfer assistance, income substitution, and relocation, depending on the type and degree/nature of the losses of the APs in order to restore their social and economic base

Inventory of Losses : The pre-appraisal inventory of assets as a preliminary record of affected or lost assets


Non-titled : People who have no recognizable rights or claims to the land that they are occupying. It includes people using private or state land without permission, permit or grant, i.e., people without legal title to land and/or structures occupied or used by them. JICA’s policy explicitly states that such people cannot be denied compensation.

Project : The Road Network Upgrading Sector Project funded by JICA


NK-PKII-IKI viii

Rehabilitation : Compensatory measures provided under the policy framework on involuntary resettlement other than the payment for the replacement cost of obtained assets


Replacement Cost : Replacement cost is the amount needed to replace an asset and is the value determined as compensation for the following:

Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes;

Land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;

Houses and other related structures based on the current market price of materials, transportation of materials to construction sites, cost of labor and contractor’s fee, and any cost of registration and transfer taxes. In determining the replacement cost, depreciation of assets and value of salvaged building materials are not taken into account. No deductions are made for the value of benefits to be derived from the project;

Crops, trees, and other perennials based on current the market value; and

Other assets (i.e., income, cultural or aesthetic) based on the replacement cost or cost of mitigating measures.

Replacement Land : The land affected by the project that is compensated through provision of alternative land of the same size rather than cash. Productive capacity as land lost which is acceptable to the AP

Resettlement : All impacts associated with the loss of physical and non- physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms.

Significant Impact : If 200 or more people experience major impacts, which are defined as: (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating assets)


Structures : All buildings including the primary and secondary structures such as houses and ancillary buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses, fences, and walls


NK-PKII-IKI ix

Vulnerable : Individuals who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement including : (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households that fall on or below the poverty line (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; and (vii) households of indigenous population or ethnic minority.


NK-PKII-IKI x

Notes

i. The fiscal year (FY) of the Government of Timor-Leste and its agencies ends on 31

December 2013. The FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY 2013 ends on 31 December 2013.


This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of J I C A , the management, or its staffs, and are still preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of, or reference to a particular territory or geographic area in this document, JICA does not intend to make any judgments as to the legal or other status of any territory or area.


NK-PKII-IKI xi

Executive Summary

1. Timor-Leste has begun rebuilding its national infrastructures after years of suffering from

conflict and underdevelopment. Physical infrastructure development including road

network is now recognized by the country as a top priority to accelerate its new economic

opportunities and is also a mean to reduce poverty in the country. Given the emphasis on

nationwide development of road infrastructure, the Government of Timor-Leste has

planned to upgrade the 116 km A-01 National Road No. 1 under the Upgrading Project

Dilli–Bacau Section, with financial support from the Japan International Cooperation

Agency (JICA).

2. The National Road No. 1 Upgrading Project Manatuto-Baucau section is a part of the

Dili-Bacau section, with a length of about 58.82 km. It is a road strategically placed to

link the districts of Dili and Bacau, which may further help to improve the area’s

business transactions in the future.

3. The Ministry of Finance (MOF) is the project executing agency (EA) and the Ministry of




4. The physical implementation of improvement works include the widening of the existing

road to achieve a width of 10-12 m, with a 6 m wide carriageway and 1-2 m wide

shoulder on each side. The improvement works shall also include drainage

construction/rehabilitation. The strategy for the project is to minimize land requirements

by confining the construction works within the existing road corridor to the extent

possible. The strategy also includes some compromise on reducing the embankment

width even to 2 m at certain sections of the tortuous stretch. However, it will inevitably

be necessary to acquire land and other assets for the widening and raising of the road

embankment which will cause involuntary resettlement impacts. To address these


formulated in conformity with JICA’s safeguard requirements on involuntary

resettlement; adhering to the resettlement principles and procedures outlined in the

Resettlement Framework (RF) adopted by the Government of Timor-Leste for the Road


5. A combined census and socioeconomic survey carried out from September to October

2013 shows that the project will impact to 18 houses, 3 Residential-commercial places1.

The project will have to acquire about 143,777 , m2 (14.4 ha) of land, about 2,108 m2 of

structure and about 239 trees of different kinds along either side of the embankment. A

summary of impact is presented in Table 1-1.



Number/Area of

Impact

1 Affected structure a. House 18 units

1 Residential-commercial place refer to houses that have double function as a house and as a kiosk


NK-PKII-IKI xii


Number/Area of

Impact



d. Kitchen/Toilet/well 3 units

e. Fences 4 units

f. Livestock cages 3 units


2 Affected Land


2

Affected Land

Plot


b. Government Land 25 plot

c. Custom Land 4 plot



c. Fruit trees 127 trees

Total Affected Trees 239 trees

4 Affected Crop Total Affected Crop 57,335 m2





6. The total number of affected households (AHs) has been estimated at 364 along with

2467 affected persons (APs). Majority of the AHs will be affected on their land or

cultivation area. As mentioned in paragraph 5, there are only 18 AHs will be affected on

their house and 3 AHs will be affected on residential-commercial place.

7. Land acquisition and resettlement for the project will be carried out in conformity with

the Expropriations Act. The Parliament of Timor-Leste has passed the Expropriations Act

in consideration of the land to be obtained for this project. Cadastral surveys will be

conducted as part of this process and impacts will be reassessed. Consequently, the

estimates in the above summary table may have to be revised and updated.

8. The project will follow the approach of setting a negotiated price at replacement cost for

determining the compensation for any affected asset, which may either be physical or

non-physical. Acquisition of land for the project will be done under the provisions of the

Expropriations Act (2012). It provides for negotiated purchase as the first approach. Only

if negotiations fail, the government will initiate “compulsory acquisition” of land.

9. The RAP is based on JICA’s Guideline for Environmental and Social Consideration

(April 2010), ADB’s Safeguard Policy Statement (2009) as well as Timor-Leste’s


NK-PKII-IKI xiii

applicable/domestic policy instruments and laws. The RAP fits with the provisions of the

RF approved by the Ministry of Public Works, Government of Timor-Leste. The

following section deals with these policies with a comparison of applicable policies and



10. This RAP will be applied for the road network upgrading project for the implementation

of the the Manatuto-Baucausub-project. This will ensure that all persons that will be

losing land and other fixed assets will get appropriate compensation at full replacement

cost and rehabilitation assistance.

11. The cut-off date under the project is the date after which people will not be considered

eligible for compensation, i.e., they are not included in the list of APs as defined by the

census (IOL). The cut-off date under the project has been set tentatively as on 15

December 2013. The PMU/MPW was informed about the cut-off date for information

distribution to the local communities. People who move into the area after the cut-off

date will not be entitled to any compensation. The following categories of affected

persons will be entitled to receive compensation for their losses: (i) those with titles of

land recognized on a legal basis; (ii) those with no legal rights but have a claim to the

land or assets, and are recognized through a process identified in the RP; and (iii) those

who have no legal rights or claims to the land they are occupying before the cut-off date.

12. The negotiated prices in conformity with the Expropriations Act, JICA and ADB policy,

will ensure that the APs receive the right replacement cost for the loss of their land and

other fixed assets, (houses, other structures) including crops, and trees. While APs with

recognizable land rights/claims will receive fair compensation/price at replacement rate

for their land, those without such rights will be compensated for assets attached to the

land that they occupy, such as houses, kiosks, and other structures. They will also be

entitled to assistance for restoring their livelihood and income. APs without legal title or

legitimate claim will be entitled to compensation for non-land assets only and other

assistances. Vulnerable persons and women-headed households will qualify for special

assistance. An entitlement matrix is presented in Table 1-2.

13. After approval of the RAP by MPW, JICA and ADB, a summary of this resettlement plan

along with the entitlement matrix (including the list of APs) will be translated into local

language (Tetum/Portuguese) and will be disclosed by the MPW to stakeholders, and

affected persons. This will be presented in the form of a booklet/brochure (refer to

Appendix C) to enable the APs and local communities to be aware of the project’s

benefits/compensations that are available for the APs, as per provision in the entitlement

matrix. MPW field staff/consultant will distribute brochures through suco meetings and

will explain the mechanisms and procedures and overall process of the compensation

program. The RAP will be made available as an official public document in the MPW

field offices, the Directorate of Land Property and Cadastral Survey (DLPCS) office,

offices of district and sub-district administrators, and offices of the suco chiefs and aldeia

leaders. The RAP will also be disclosed on the JICA, ADB and MPW websites.


NK-PKII-IKI 14




homestead and

commercial land

Title holders/

claimants

• Compensation for the loss of residential land at

negotiated price ensuring full replacement cost

• Compensation for the residential structure (part or full) at full

replacement rates without depreciation

• Transitional allowance for a maximum of 9 months, at $100

per month, if the residual land is not viable (land acquired is

75% or more of the total land holding of the title holder); Or,

for 3 months if the residual land is viable

• If the household is vulnerable, transitional allowance will be for

12 months.

• All fees, taxes and other charges, as applicable under relevant

laws incurred in the relocation and resource establishment are

to be borne by the project.

• Landless/vulnerable APs will be assisted to find an alternative

land/plot.




community leaders.


residential/

commercial

structures of

owners/claimants

Owners of

structure

• Compensation for house/structure(s) at negotiated price


• Transitional assistance to cover a maximum of 9 months rental

accommodation; if the household is vulnerable, transitional allowance will be for 12 months

• One-time lump sum shifting allowance of $200 for temporary, semi-permanent, and permanent structures

• Right to salvage materials from the demolished structure without deduction from their compenstion

• Vulnerable APs will be provided on a one-time rehabilitation grant in the form of productive assets.




community leaders.

3. Assets of squatters or

informal settlers

Informal

settlers/squatters/non-

tilted APs identified by

IOL losing commercial

• Compensation at full replacement cost of affected structure

• Estimated during IOL and finalized with DLPCS; Transitional allowance for loss of income from business of $100 for 4 months per household


DLPCS with Assistance from the PMU’s

Valuation Specialist and in consultation

with relevant authorities will finalize the

compensation at replacement cost for the


NK-PKII-IKI 15


semi- permanent structure affected structure as identified during IOL.

4. Annual/Seasonal

crops

Household • Compensation at market value of crops for three years, plus one assistance grant of $100 for purchase of seeds for the next season

PMU with assistance from relevant

government ministries and valuation

specialist


tree

• Compensation at replacement cost of affected tree estimated during IOL and finalized with DLPCS


DLPCS with assistance from PMU’s

valuation specialist in consultation with

relevant authorities will determine the fair


6. Income from

business

Kiosks • One time lump sum transfer grant of $100 per kiosk; Transitional allowance of $100 for 4 months per household

PMU in coordination with DLPCS and

with assistance from local authorities and

community leaders.

7. Impact on vulnerable

APs

Vulnerable and women-

headed households

identified by IOL

• In addition to the above standard package, vulnerable AP

households will receive following: Additional special assistance of $100 for an extra two months for vulnerable household

PMU with assistance of local authorities

and community leaders

8. Unforeseen impact Concerned

persons affected

• Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework.

PMU identifies and mitigates impacts as

required.


16

14. In conformity with the Expropriations Act, it is important to deal effectively with APs’

concerns pertaining to resettlement impacts such as compensation, rehabilitation, and

delays in payment. To ensure this, a simple, accessible, transparent, and effective

grievance redress system will be established.

15. The PMU under the MPW will have overall responsibility for implementing the sub-


and implement land purchase and resettlement, train counterpart staff, and monitor

resettlement in the sub- project. To this end, an Environmental and Social Unit (ESU) will

be established in the PMU. The ESU shall be staffed by a national social safeguards

specialist and an international social safeguards specialist. A valuation specialist will be

provided to assist the MOJ/DLPCS in the valuation of property in order to keep

appropriate compensation in place. The international safeguard specialist at PMU will

assist in the management of all resettlement activities including the process of reaching

adequate compensation. If the situation demands, PMU will engage an experienced

NGO, active in the project area, to assist in dealing with the process of consultation,

negotiating compensation, and resolving disputes.

16. All costs associated with land purchase and resettlement will be provided by the

government. The entire resettlement for the road improvement project is estimated at

$1.833.872 ($1.8 million). Of the total amount, $1.763.338 is for direct resettlement

expense while the rest is kept for staff training, internal monitoring, administrative

expenses and contingency expenses. The cost of items is in compliance with the RF

prepared for the project.

17. The Ministry of Justice, i.e., DLPCS, will work with the PMU to conduct cadastral

surveys for the lands to be acquired. It shall also prepare valuation tables as provided

under the Expropriations Act. PMU will ensure such values conform with the ADB and

JICA social safeguard policy that requires compensation at full replacement cost . Since

the Expropriations Act provides for negotiated purchase in the first instance, it is expected

that APs will get adequate compensation. If, however, the statutory compensation under

the Act falls short, then PMU will provide additional funding to “top up” the


18. The earliest date for the availability of financial resources for the resettlement aspect of

the project is to be expected by June 2014. Hence, the earliest actual implementation of

the RAP may begin by January 2014.




1.1 Background

Timor Leste has begun rebuilding its national infrastructure after years of suffering from

conflict and underdevelopment. Nationwide physical infrastructure development,

including road network development, is now recognized by the country as a top priority

to accelerate its economic opportunities and in order to reduce poverty. Given the

emphasis on nationwide development of road infrastructure, the Government of Timor-

Leste has planned to upgrade the 116 km A-01 National Road No. 1 under the Upgrading

Project Dili–Bacau Section, with financial support from the Japan International

Cooperation Agency (JICA).

The Ministry of Finance (MOF) is the project executing agency (EA) and the Ministry of




The National Road No. 1 Upgrading Project Manatuto-Baucau Section is a part of the

Dili-Bacau section. With a length of about 58.82 km. it is a strategically placed road to

link the districts of Dili and Bacau which may further help improve area’s business


The strategy for the project is to minimize land requirements by confining the project’s

construction works within the existing road corridor to the extent possible. However, it

will inevitably be necessary to acquire some land and other assets for the widening and

raising of road embankments which will cause involuntary resettlement impacts. To

address these resettlement impacts, the present draft Resettlement Action Plan (RAP) for

the Manatuto-BaucauSection has been based on the impact survey, census,

socioeconomic survey of the affected persons (AP), as well as consultations with the AP

population and various stakeholders. The physical implementation of improvement works

includes the widening of the existing road to achieve a width of 10-12 m, 6 m wide

carriageway, and 1-2 m wide shoulder on each side. The improvement works will also

include drainage construction. The strategy for the project is to minimize land

requirements by confining the construction works within the existing road corridor to the

extent possible. The strategy also includes some compromise on reducing the

embankment width even to 2 m at certain sections of the road stretch. To address these


formulated in conformity with JICA’s safeguard requirements on involuntary resettlement

under the Safeguard Policy Statement, ADB SPS as it adheres to the resettlement

principles and procedures outlined in the Resettlement Framework (RF), adopted by the

Government of Timor-Leste for the Road Network Upgrading Project.

The Ministry of Finance as the project executing agency and the Ministry of Public

Works (MPW) as the implementing agency will follow the RF principles and procedures

to comply with the Government‘s applicable laws and regulations and relevant policies of

JICA. The objectives are as follows: (i) avoid resettlement impacts wherever possible; (ii)

minimize impacts by exploring alternatives; (iii) enhance or at least restore the living

standards of APs; and (iv) improve the living standards of the poor and vulnerable APs.



Land acquisition and resettlement for the project will be carried out in conformity with

the Expropriations Act (2012). For acquiring land and other assets, the project will follow

the provisions of the Act which provides for negotiated purchase as the first approach.

The Parliament of Timor-Leste has passed the Expropriations Act in consideration of the

land to be obtained for this project. Cadastral surveys will be conducted as part of this

process and impacts will be reassessed. Consequently, the estimates in the summary of

impact may have to be revised and updated.


The National Road No. 1 Upgrading Project Manatuto-BaucauSection is a part of the

Dili-Bacau section, with a length of about 58.82 km. It is strategically placed road to

link Dili-Bacau which may further help improve business transactions in the future.

The road line within the geographic coverage of the two districts is presented in

Figure 1-1, Dilli and Manatuto Project Location Map.


The physical implementation of improvement works includes widening of the existing

road to achieve a width of 10-12 m, consisting of 6 m wide carriageway, and 1-2 m

wide shoulder on each side. The improvement works will also include drainage



strategy also includes some compromise on reducing the embankment width even to 2

m at certain sections of the road stretch. However, it will inevitably be necessary to

acquire some land and other assets for the widening and raising of the road

embankment which will cause involuntary resettlement impact.

58.82 Km



1.3 Objectives of RAP

This RAP attempts to define the practical procedures by which the Implementing

Agency (IA) will be able to obtain the required land and property from the APs and

address the potential resettlement impacts to be incurred by the project. The RAP shall

be in line with the applicable policy and legal framework of the government, ensuring

that the principles of the ABD and JICA’s policies on involuntary resettlement are

applied. In this process, the primary objectives of the RAP are as follows: (i) identify

the project impact on the community in terms of loss of land and other assets, as well as

impact on livelihood and income; (ii) outline measures to mitigate its adverse impacts;

(iii) provide an estimate for budgetary allocation for compensation of loss of assets and

resettlement benefits; and (iv) provide procedure for internal and external monitoring of

resettlement implementation.

The impacts are documented in the RAP, corresponding to the available engineering

design of the road alignment as of September 2013. It includes inventory of all the APs

who experienced the actual magnitude of impact on their land and other properties,

together with compensation for their losses.

1.4 RAP-Related Conditions

Project implementation works and any physical and economic displacement of affected

persons will be contingent in the compliance with the following conditions:

� Approval of this RAP by the Government of Timor-Leste and ABD and JICA;

� Full disclosure of this RAP to the public;

� Full implementation of the compensation program described in this RAP including

the full delivery of cash compensation to the APs and livelihood restoration program

already in place;

� External monitoring agency/consultant is in place; and

� ‘No objection signal’ offered by ADB and JICA for the commencement of physical

works.



CHAPTER 2 SCOPE OF LAND RESETTLEMENT

2.1 Scope and Rationale for Land Acquisition/Resettlement

Upgrading Project for Manatuto-Baucau Section will follow the road’s existing

alignment to the maximum extent possible to minimize resettlement impacts. The road

upgrading works will consist of earthworks which include road widening at areas where

it is considered absolutely necessary, retaining structures, drainages, bridges and

pavements. The road will be upgraded to all weather, asphalt-surfaced standard that will

enable it to carry loaded container trucks as a minimum. Upgrading of the road will

affect structures, small roadside businesses, trees (both fruit and timber), and cash crop

plants like coffee and banana. A total of 364 households will be affected by the project.

In order to understand the adverse social and resettlement impacts of the project

interventions, a 100% census combined with socio-economic survey was carried out in

October 2013, and again in December 2013 in order to make an inventory of losses

(IOL). The reason for carrying out the survey is for the development of a baseline of

socio-economic status of the households likely to suffer from project implementation.

A structured questionnaire (Appendix A) was used to collect details of the affected

families (AFs).

2.2 Measures to Minimize Land Acquisition Impact

Initially, the proposed widening of the road involved major impacts on land, structure,

trees, and other assets. In the subsequent efforts to avoid and minimize resettlement

impacts to the maximum extent possible, the project adopted a compromised strategy as

follows:

• Road adjusting within the available government-owned lands;

• Paying careful attention to the detailed design of the road to stay close to the

existing alignment as far as possible in order to avoid land acquisition impact;

• Realigning of the embankment to avoid existing structures or built-up areas if

possible; and

• Paying careful attention to the detailed alignment in the vicinity of sensitive cultural

features in order to avoid impacts upon them.

Following the above alternatives, a great extent of impacts on land, trees, and other

assets have been minimized. After reviewing the impacts and realigning the road

stretch, the number of affected households has been substantially decreased to 364

households. Table 2-1 shows the measures taken to minimize their settlement impact

along the road corridor.



Table 2-1 Measures to Minimize Resettlement

Magnitude of Impact

Mitigation

Measure

Total No.

of

Households

Total of

No. APs

Total Area of

Land (m²)

Total Area of

Structure (m²)

Total No.

of

Trees

364 2467 143,777 2,108 239

Realignment

and width

adjustment

2.3 Summary of Impacts

The project has carried out an extensive exercise to minimize adverse resettlement

impacts. This approach shall affect in the resettlement impact of 364 households in

terms of their structure, land, and business. The total number of APs has been estimated

at 2467. An area of about 143,777 m2 of land and 2,108 m2 of structure will be affected

by the project. As much as 239 trees will be affected. Also, there will be 57,335 m2 of

crop farming area that will be affected by the project with a total of 1330 kg of loss in

harvest. Table 2-2 summarizes the whole resettlement impact of the project. The

subsequent Section 2-4 of this chapter details the losses in each category.

There are 3 types of utilities will be affected by project namely, 75 units of water

pipeline, 105 units of Steel Electricity Pole (SEP) and 150 units of Cocrete Electricity

Pole (CEP).



Number/Area of

Impact

1 Affected structure g. House 18 units

h. Residential-commercial place 3 units

i. Business place (kiosk) 74 units

j. Kitchen/Toilet/well 3 units

k. Fences 4 units

l. Livestock cages 3 units


2 Affected Land


2

Affected Land

Plot

d. Private ownership 280 plot

e. Government Land 25 plot

f. Custom Land 4 plot

3 Affected Trees d. Timber trees 39 trees

e. Timber and Fruit trees 73 trees




Number/Area of

Impact

f. Fruit trees 127 trees

Total Affected Trees 239 trees

4 Affected Crop Total Affected Crop 57,335 m2

5 Affected Utilities d. Water pipeline 75 pcs

e. Steel Electricity Pole (SEP) 105 pcs

f. Cocrete Electricity Pole (CEP) 150 pcs



2.4.1 Impact on People

As mentioned in the previous section, a total of 3642 households will be affected by the

road upgrading project. Of these, 286 will be affected in terms of land, 18 in terms of

structure and 71 in terms of businesses (Table 2-3). A total of 2467 persons will be affected

(refer to Table 2-3).

Table 2-3 Number of AH and AP on the Basis of Category of Impact

Category of Impact Affected Households (AHs) Affected Persons (APs)

Manatuto Baucau Total Manatuto Baucau Total

Total No. AHs and APs for Land Affected

48 238 286 348 1638 1986

Total No. AHs and APs for House affected

3 15 18 25 108 133

Total No. AHs and APs for Businesses affected

4 67 71 36 427 563

Total No. AHs and APs for toilet/kitchen/well affected

0 3 3 0 32 32

Total No. AHs and APs for fences and livestock

0 7 7 0 43 43

AHs will be compensated accordingly depending on the impact on their affected assets. The procedures and type of compensation are summarized on entitlement matrix (See Table 4-1).

2.4.2 Impact on Land

As mentioned in Section 2.3, a total area of 143,777 m2 privately owned land will be

affected by the project. There are 238 households that will suffer from loss of land,

2 364 is the total number of affected household. These include AHs with affected land, affected land with structure above it and affected land with trees or crops above it.



with an average loss of 391 m2 per household (Table 2-4).

Table 2-4 Detailed of Land Affected

District No. of AHs

Average

Area of Affected

Land,

per AH (m2)

Total Area of

Affected Land

(m2)

No. of AHs

Losing Land,

100m2 or less

No. of AHs

Losing Land,

more than

100m2 but less

than

500 m2

No. of AHs

Losing Land,

more than

500 m2 but less

than

1,000 m2

No. of AHs

Losing Land,

1000 m2

and

above

Manatuto 48 559 89,950 24 15 2 7

Baucau 238 223 53,826 53 143 27 15

Total 286 391 143,776 77 158 29 22

About 100 AHs (sample respondents) were asked about their expectation on the

compensation of land. About 65% of respondent expecting to be compensated by cash

money, 6% expecting to be compensated by the land with the same size and quality, 5%

expecting to be compensated by job/occupation for their family and the rest 24% have

no idea about the compensation.

The detail procedures and type of compensation which consider the AHs expectation

obtain during interview and PCM are summarized on entitlement matrix (See Table

4-1).

2.4.3 Impact on Trees

A total of 239 trees of different types will be affected (Table 2-6). Among these, 39 are

classified as timber trees, 1998 as fruit trees and 963 as fruit-timber trees. Depending on

the time of implementation of land acquisition, the total number of trees that will have

to be removed will be greater.

Table 2-5 Impact on Trees



1. Avocado 1 1. Betel 1 1. Red Teak 1

2. Betel Palm 1 2. Jackfruit 2 2. Tamarind 1

3. Has 1 3. Mahogany 3 3. White Teak 1

4. Hazalnut 1 4. Coconut 67 4. Bamboo 7

5. Kulu 1 5. Teak 29

6. Rambutan 1

7. Rose Apple 2

8. Sarmolen 1

9. Water Apple 1





10. Delima 2

11. Orange 2

12. Palm Tree 2

13. Pomegranate 2

14. Salty Orange 2

15. Areca 3

16. Bananna 5

17. Lemon 3

18. Soursop 3

19. Candle Nut 4

20. Sirsak 5

21. Nona 6

22. Papaya 7

23. Breadfruit 18

24. Hazelnut 24

25. Manggo 29

Total 127 Total 73 Total 39

Total No. of Trees: 239

2.4.4 Impact on Crops

There are five types of crops that will be affected resulting to an annual yield loss of

around 310 kg (Table 2-7). Moreover, 12 m2 of Anona will be affected resulting to an

annual yield loss of around 25 kg of Anona production. Furthermore, 20.2 m2 of cassava

plants will be affected resulting to a 225 kg of annual yield loss of cassava production.

Table 2-6 Impact on Crops

Crops Affected Area (m

2)

Estimated Annual Loss in

Yield (kg)

Value ($)

Bannana 50,000 1000 2,000

Kangkung 2 5 5

Chili 733 70 70

Cassava 614 5 6

Paddy 6,000 250 3,750

Total 1405 1330 5,831

2.4.5 Impact on Structures

Base on the measurement survey and PCM conducted in each project location, there are 7

AHs categorized as severely AHs wand will be resettled and the rest 97 AHs categorized



as marginal AHs that shall be moved a little back to their own available land. (See Table 2-

7).

Table 2-7 Extent of Impact on Structure

Category of

AHs

Affected

House/

Residential

Affected

Residential-

commercial place

Kiosk Fence and

Livestock,

well, wc

Total

Severely AHs 4 3 7

Marginal AHs 14 0 74 9 97

Tot

al

18 3 74 9 104

About 64% of respondent expecting to be compensated by cash money, 13% expecting to be

compensated by the structure with the same size and quality and the rest 23% have no idea

about the compensation for their structure. The detail procedures and type of compensation

are summarized on entitlement matrix (See Table 4-1).

2.4.6 Impact on Income

Among the 104 affected structures, 18 structures are being used for residential

purposes, 74 are kiosks, and 3 are residential-commercial places, while the remaining 9

structures are well, WC, livestock cage and fences. These residential structures are not

rented out; hence, there is no income from these structures. The average monthly

income from commercial structures is 1,586.2$ (see Table 2-8).

Table 2-8 Usage and Income from Affected Structure

Use of Structure No. of Structures Average Monthly Income from

Structure ($)

Residential 18 176.8

Commercial (kiosk) 74 1,586.2

Residential-Commercial Place 3 250

Well, wc, livestock cages, fences 9 212.6

Total 104 441.8

As mentioned earlier, there are 74 roadside business establishments which are actually

kiosks (temporary shops) operating within the project area. These kiosks are will likely

suffer losses due to the project. These structures will be affected for a limited period

during the construction of a particular section of the road only; more or less four months.

It is however assumed that these APs will resume their operation once the construction

of the road section is finished. Hence, these businesses will be disrupted only during the

construction period and compensation will be provided to make up for the loss of

income.

2.4.7 Gender Impact

Discussions were undertaken with the women and community people to understand the

current status and needs of women living in the sub-project area and the potential impact



of the project to them. The assessment has not brought forth any adverse impacts of the

project on women in particular. Rather, the project is anticipated to benefit them by

strengthening connectivity, accelerating new economic opportunities, and reducing

poverty which may help contribute to the improvement of the overall quality of life in

their area.



CHAPTER 3 SOCIO-ECONOMIC INFORMATION AND

PROFILE

3.1 Working Methodology

A 100% census of the APs combined with a sample of the socio-economic survey was

carried out in September until October 2013. The census helps provide requisite

details on the affected households (AHs), assess the magnitude of impacts, and identify

the required measures for mitigation of adverse impacts. Interviews were held with the

heads of the AHs and family members at their residences to collect socio-economic

information of the affected population. Structured questionnaire (Appendix A) was used

to collect details of the affected households.

Socio economic information and profile of AHs is analyzed base on the data of 360

AHs. About 4 data were not usable for socio economic due to unavailability of data.

Base on in-depth interview taken during survey, these 37 AHs are not living in the same

district and mostly live outside Timor Leste.

3.2 Demographic Characteristics of AHs3

3.2.1 Population of AHs

Base on the data of 359 AHs, the AHs consist of 17.8% male and female 82.2% (see

Table 3-1).

Table 3-1 Population of AHs

No Description Number of AHs Percent (%)

1 Male 295 17.8

2 Female 64 82.2

Total 359 100

3.2.2 Age of AHs

As shown in Table 3-2, majority of the affected household is within the age 18 to 50

which consist 62.1% of the total AHs.

Table 3-2 Age Distribution of AHs

Age Features of the AP No of AH* % of AH

Below 5 years 0 0

Between 5 and 18 years of age 2 0.6

Between 18 and 50 223 62.1

Between 51 and70 114 31.8

>70 years of age 70 5.6

Total 359 100

3 Demographic characteristic of AHs analyzed base on the data of 359 AHs



3.2.3 Education of AHs

Majority of the AHs (61.11%) are able to read and write, while 27.29% reached high

school or equivalent. The rest of the population have no formal education (9.1%) or are

university graduates (2.6%). See Table 3-3.

Table 3-3 Education of AHs

Level of Education No. of AHs % of AHs

No Formal Education 131 36.5

Able to Read and Write/Elementary School 79 22

High School Equivalent 138 38.5

University Graduate Equivalent/Higher Education 11 3

Total 359 100

3.2.4 Ethnicity of AHs

From the total of 684 AHs, 51.2% are galolen, 37.3% are mambae, and the remaining are

from ethnic groups of makasae, tetun, kemak, terik, wai-mua, and kairui. Almost all of

the surveyed AHs (99.7%) were found to be followers of Christianity.

Table 3-4 Ethnicity of AHs

Level of Education No.of Ahs % of AHs

Galolen 5 77 21.4

Mambae 4 11 3.1

Makasae 3 13 3.6

Tet un 2 11 3.1

Wai-mua 247 68.8

Total 359 100

3.3 Characteristics of Households

3.3.1 Economic Profile of AH

Majority of the AHs (95.8%) have monthly incomes of about $500, while only 1% have

monthly incomes greater than $5000 (see Table 15).

Table 3-5 Monthly Income of Affected Families

Income Amount ($) Number of Families Percent (%)

Up to 500 342 95.3

Above 500 and below 2,000 10 2.8

Above 2,000 and below 5,000 2 0.6

Above 5,000 5 1.4

Total 359 100



Of the 684 AHs, 51% are officer of certain firm (private or government), 14% housewife

and the rest is businessman, trader, farmer, fisherman, retired, seller of forest product and

only 1.3% unemployed.

Table 3-6 Main Occupation of Affected Families

Type of Occupation Number of Families Percent (%)

Business/Trader/Entrepreneur 56 15.6

Driver 11 3.1

Farmer 211 58.8

Fisherman 11 3.1

Housewife 12 3.3

Laborer 6 1.7

Officer (Govt official/private/other) 31 8.6

Retired 7 1.9

Seller of Forest Products 10 2.8

Unemployed 4 1.1

Total 359 100

3.4 Economic Details of AHs

3.4.1 Poverty Status

The TLSLS 2010 defines the upper poverty line to be $26.68 per month per person and

the lower poverty line to be $21.53 per month per person. The calculation on poverty

status of AHs in Dili and Manututo are also based on the TLSLS 2010.

AHs in both Dili and Manatuto are relatively above the poverty line. Of the total AHs in

each district, about 49% AH in Manantuto are poor and 50% AHs in Baucau are poor.

Table 3-8 below reflects the overall poverty scenario of these two districts.

Table 3-7 Poverty Analysis around the Project Area

District No. Ahs No. APs

Average Income per

Month ($) Poor AH

AHs APs No Percent

Manatuto 48 329 1,571 229 24 50%

Baucau 311 2103 322 48 151 49%

Source: IOL Survey on November 2013

The average monthly income of the AHs is found to be $481.77. The average number of

family members per AH is 5.61. Hence, the average income per month per person of the

AHs is $111.36.

3.4.2 Impact of Project on AH’s Livelihood

The project will cause some impacts on AHs’ livelihood in terms of loss of income.

There are 139 roadside business kiosks (small temporary shops), each of which will have

considerable losses. However, not all of the damages will be permanent. Apart from the



monthly income loss, there will be permanent loss of crops like corn and cassava along

with the loss of fruit and timber trees, as mentioned in Chapter 2.

Based on the overall criteria in selecting who are considered as part of the vulnerable

AHs, 198 are found to be vulnerable, of which 12 AHs are old men and 1 is disable

personl. Among the 198 vulnerable AHs, 150 are declared to be vulnerable due to their

income level being below the living standard in Timor-Leste. Of all AHs, 27 will lose

100% of their assets as follows: 23 kiosks, 2 housing structures, 1 residential-

commercial place (ruko), and the rest are cages and fences. The AHs, of whom 100% of

assets are lost, are counted as vulnerable since their assets will have to be relocated.

The 240 households who are considered as vulnerable will be provided with additional

special assistance as an additional compensation entitlement.

The project will have permanent impact on 143,777 m2 of land which is possessed by the

AHs. There are 7 households who will lose more than 50% of their land holdings, 92

households who will lose between 10% and 50% of their land, and 181 households will

lose up to 10% of the overall land that they possess (refer to Table 3-9).

Table 3-8 Loss of Land in Terms of Overall Land Possessed by the AHs

Impact on Land No. of Affected

Households

Loss up to 10% of land possessed by household 181

Loss of more than 10% but less than 50% of land possessed by household

92

Loss of above 50% of land possessed by household 7

Total 280

In spite of these impacts on land, the project will have some significant positive impacts

on the AHs’ livelihoods. In the community consultation session, the following positive

impacts of the project on AHs’ livelihoods were identified by the local community

representatives:

i. Reduced travel time and cost for the AHs;,

ii. Increased pedestrian safety;

iii. Improved and much reliable bus services, ensuring safe and comfortable travel;

iv. Improved communication among sucos;

v. Employment opportunities during the construction phase of the road;

vi. Opportunities to sell goods to construction workers;

vii. Improved access to markets, schools, hospitals and other important social institutes;

and

viii. Increased land values due to enhanced accessibility

The local community, at the same time, finds the following few negative impacts on

their livelihood due to this project, apart from the loss of land, structure, and income:

i. Dust and noise during construction period affecting the daily life of local households;



ii. Increased chances for accidents due to increased traffic; and

iii. During the construction period, workers from outside will work in close proximity to

the local people. Hence, there may be chances of conflicts, unrests, abuse of

minors/women, and spread of sexually transmitted infection (STI) among the local

community.



CHAPTER 4 LEGAL POLICY FRAMEWORK AND

ENTITLEMENTS

4.1 Introduction

The RAP is based on JICA’s Guideline for Environmental and Social Consideration,

published April 2010, as well as the Timor-Leste’s applicable/domestic policy

instruments and laws. The RAP fits with the provisions of the Resettlement Framework

(RF) approved by the Ministry of Public Works, Government of Timor-Leste. The

following section deals with these policies with a comparison of the two policies and



4.2 Purpose and Objectives of Land Resettlement

The government proposes to widen the Dili-Manatuto Road in order to improve the

quality and safety of travel, and ensure greater economic and social benefits to the

people. The road upgrading project will be designed taking into account the social

safeguard policies of the funding agencies, which include avoiding and/or minimizing

resettlement impacts. However, this road improvement includes widening and

realignment and hence, it is likely to have some unavoidable impacts on land and other

assets. Such impacts include loss of land, structures, crops, trees, and other assets. The

census survey that was carried out along the 57.6 km road shows that the project will

have to acquire about 14.4 ha (143,777 m2) of land. A considerable number of families

will be affected involving 364 households along with 2467 affected persons.

4.3 Existing Policy and Legal Framework for Resettlement in Timor-Leste

Section 141 of the Constitution states that, “the ownership, use, and development of

land as one of the factors for economic production shall be regulated by law”. Section

54 of the Constitution covers the right to private property and provides for:

i. Every individual has the right to private property and can transfer it during his or her

lifetime or on death, in accordance with the law.

ii. Private property should not be used to the detriment of its social purpose.

iii. Requisitioning and expropriation of property for public purposes shall only take place

following fair compensation in accordance with the law.

iv. Only national citizens have the right to ownership of land.

The first land law of Timor-Leste was promulgated in March 2003 and was designed to

serve as an umbrella law for the rest of the land and property regime. The law defined

State property of private domain, established the Directorate of Land, Property and

Cadastral Survey (DLPCS) as a legal entity and defined its jurisdiction, and articulated

general rules concerning land tenure and property rights to be further developed by

ensuing legislation. Moreover, this law established a one-year period for both nationals

and non-nationals to register their land claims. Effectively Law No.1/2003 vests all land

that belonged to the Portuguese state, and all state property acquired or built by the

Indonesian regime, in the new state of Timor-Leste. However, there are uncertainties



over the boundaries of state land and overlapping claims of state and customary land

ownership. Furthermore, the law currently does not include any implementing

regulations.

A decree issued by the government in February 2011 which provides for the granting of

compensation to relocate unlawful occupants of state property based on humanitarian

considerations. The Ministry of Justice (MOJ) through ministerial statute establishes the

basis for calculating compensation. Another decree promulgated in July 2011 provides

for the granting of title certificates to landowners/persons in areas where cadastral

surveys have been completed (following the registration and verification of claims by

the government) and confirmed that the claims to land are undisputed. Among the

claims registered so far under the Ita Nia Rai program, some 92 percent of claims are

undisputed.

Four pieces of legislation relating to land have just received parliamentary approval:

• The Civil Code which forms the pillar of civil law in East Timor includes a section

that governs day-to-day land decisions such as the sale and lease of land;

• The Transitional Land Law sets the scene for all land issues in the future,

deciding who owns what land and in the case of conflicting claims, who has the

strongest right to the land;

• The Expropriation Law that allows the state to take land for "public good" for

example, to build ports and other infrastructure; and

• The Real Estate Finance Fund to provide compensation as determined under the

other laws.

There were no specific laws on involuntary land acquisition and compensation until the

end of 2011. When road works required land in the past, the government negotiated

with the owners or users (including squatters) on a case by case basis. According to past

practices, when land was required for project development, concerned parties under the

direction of local authorities (district and sub-district land property units and villages)

negotiated and reached an agreement on compensation rates, total compensation

amount, and the procedures or mechanism for compensation and transfer. Land

acquisition for public purposes is now governed by the provisions of the Expropriations

Act. Hence, the project will acquire land under the provisions of the Expropriations Act

(2012), which provides for negotiated purchase as the first approach. Only if

negotiations fail, will the government initiate “compulsory acquisition”.

4.4 JICA'S Guideline for Environmental and Social Consideration

JICA's Guideline for Environmental and Social Consideration (April 2010) aims to

avoid or minimize the impacts on people affected by a project, and to provide support

and assistance for those who lose their land and property, as well as for others whose

livelihoods are affected by the acquisition of land or restriction on land use.

Resettlement planning is designed to provide AHs with a standard of living equal to, if

not, better than that which they had before the project. The policy is guided by the

following principles:

• Involuntary resettlement is to be avoided or at least minimized;



• Compensation must ensure the maintenance or improvement of the AHs’ pre-project

living standards;

• AHs should be fully informed and consulted on compensation options;

• AHs’ socio-cultural institutions should be supported/used as much as possible;

• Compensation will be carried out with equal consideration of women and men;

• Lack of formal legal land title should not be a hindrance to assistance/rehabilitation;

• Particular attention should be paid to households headed by women and

vulnerable groups, such as indigenous people and ethnic minorities.

Appropriate assistance should be provided to help them improve their status;

• Land acquisition and resettlement should be conceived and executed as a part of the

project. The full costs of compensation should be included in the project costs; and

• Compensation/rehabilitation assistance should be paid prior to ground leveling and

demolition, and in any case, before an impact occurs.

The policy comprises three important elements as follows:

i. Compensation to replace lost assets, livelihood, and income;

ii. Assistance for relocation, including provision of relocation sites with appropriate

facilities and services; and

iii. Assistance for rehabilitation to improve or achieve at least the same level of well-

being with the project as without it.

A project’s involuntary resettlement category is determined by the category of its most

sensitive component in terms of involuntary resettlement impacts. The level of detail

and comprehensiveness of the resettlement plan are commensurate with the significance

of the potential impacts and risks.

4.5 Project Policy Framework and Entitlements

The legal and policy framework on resettlement in Timor-Leste has been compared

with the requirements of JICA and some gaps have been identified. The gap-filling

measures and resettlement policy principles for the project are as follows:

i. The Constitution gives the power to the state to expropriate land for public

purposes paying due compensation in accordance with the law. The

Expropriation Law has received Parliament’s approval. The government will

now be able to acquire land for road improvement under “eminent domain” or

involuntarily.

ii. A substantive amount of land in Timor is not registered. The government has

started issuing land title certificates in urban areas, which will help in

identifying land owners. In rural areas where most of the road sections will be

improved, the MOJ and DLPCS will identify and establish ownership claims

for the land parcels required for the project roads.

iii. The absence of an active land market in rural areas poses a challenge to

determine the market or replacement value of the affected land. Professional



valuation expertise under the PMU supported by JICA will assist the DLPCS

for the valuation of affected assets to determine fair compensation at

replacement cost to Ahs. Resettlement impacts will be minimized through

careful engineering design;

iv. AHs will be systematically informed and consulted during the entire process

of resettlement planning and implementation, including assessment of possible

impacts on their livelihoods, purchase of land/assets, determining

compensation/resettlement options, and socio-economic rehabilitation

measures. They will be informed of their rights and options and be invited to

participate actively in the identification of mitigation and rehabilitation

measures;

v. The AHs will be identified and recorded as early as possible in order to

establish their eligibility through a population record or census that serves as

an eligibility cut-off date, usually around the time of initial consultations, at

the sub-project identification stage, to prevent a subsequent influx of

encroachers or others who wish to take advantage of such benefits;

vi. Consistent with donor policies, eligible AHs are:

• Those with titles to land recognized on a legal basis;

• Those with no legal rights but have a claim to the land or assets, and are

recognized through a process identified in the RAP;

• Those who have no legal right or claim to the land they are occupying

before the cut-off date.

vii. Eligible AHs are entitled to compensation and livelihood rehabilitation

measures sufficient to assist them to improve or at least maintain their pre-sub-

project living standards, income earning capacity and production levels;

viii. In the consultation process, representatives of local governments, village

chiefs, other community leaders and civil society organizations such as non-

government organizations (NGOs) from the operational areas will be included.

The customs and traditions, as well as religious practices of all AHs, will be

respected and protected;

ix. The institutions of AHs, and, where relevant of their hosts, are to be protected

and supported. Physically displaced AHs will be assisted to integrate

economically and socially into host communities so that adverse impacts on

the host communities are minimized and social harmony is promoted;

x. Lack of formal legal rights to assets lost will not deprive any AP from

receiving compensation and payments for non-land assets and entitlements;

xi. Particular attention will be paid to the needs of vulnerable AHs. This group of

AHs may include those without legal or recognizable title to the land or other

assets, households headed by females, the elderly or disabled, and other

vulnerable groups, such as people living in extreme hardship, and indigenous

people that may be a minority in specific locations. Appropriate assistance



will be provided to help them improve their socio-economic status;

xii. The concerns of women will be identified based on gender disaggregated

socio-economic data, separate discussions on women’s concerns, and ensuring

adequate measures and budgetary allocations in the resettlement plan to

compensate and resettle them in a manner that does not disadvantage them. In

this effort, the assistance of national NGOs currently engaged in women’s

welfare will be sought;

xiii. Since there are no significant differences in cultural and socio-economic

identity among the different language groups, no specific adverse impacts are

anticipated to warrant separate indigenous peoples’ plans. To ensure that the

different language groups fully participate in planning and implementing

resettlement, discussions and reports will be prepared and disclosed

appropriately in the relevant languages. RPs will also include provision for any

special measures that may be required;

xiv. Resettlement planning decisions will be preceded by a social preparation phase

where consultations will be held with AHs community leaders, local

administrators, and NGOs to enhance the participation of these AHs during

negotiation, planning, and implementation;

xv. A valuation specialist will be provided under the PMU to assist the DLPCS to

have appropriate rates in place. Payment for physical assets, i.e., houses,

buildings and other structures, and non-physical assets such as lost income

from productive assets or jobs, will be calculated at replacement cost and

included in the RP;

xvi. AHs losing only part of their physical assets will not be left with a proportion

inadequate to sustain their current standard of living. Such a minimum size

will be identified and agreed upon during the resettlement planning process;

xvii. Land for land or asset for asset compensation is always the preferred method.

However, if insufficient land or assets are available, or if the affected people

have a preference and the resettlement impacts are considered to be minor and

do not undermine the livelihoods of AHs, cash payment at replacement costs

will be provided based on negotiation with AHs. For those experiencing severe

impacts (more than 10% of productive land severely affected people (i.e., AHs

experiencing significant impacts)), assistance will be given to identify and

purchase alternative land. Efforts will also be made to provide sustainable

livelihood restoration measures so that affected people can improve or at least

restore their standard of living to pre-project levels;

xviii. A grievance redress mechanism, linked with existing traditional formal and

informal systems and cognizant of cultural requirements, will be established

to solve resettlement related disputes and complaints from AHs;

xix. The full cost of land purchase and resettlement will be included by the

government in the project cost and adequate budgetary provision shall be

made available during implementation;

xx. All land purchase, compensation, resettlement activities will be satisfactorily

completed and the sub-project areas cleared of all obstructions before the



commencement of civil works; and

xxi. No works with resettlement impacts will be implemented before a RAP has

been prepared and approved in line with this RF. The general process for

preparing RPs include:

• Consultation with AHs relevant stakeholders, and whenever necessary,

assistance of relevant institutions to ensure effective consultations;

• Undertaking of a participatory inventory of losses (IOL), which will be

updated during a detailed measurement survey (DMS) following the

detailed design;

• Determination of replacement cost – for AHs losing assets (land, physical

assets, means of livelihood, or social support systems) will be

compensated and assisted to the APs, through adequate and satisfactory

replacement land, housing, infrastructure, resources, income sources, and

services, in cash or in kind, so that their economic and social

circumstances will be improved or at least restored to the pre-project

level. All compensation will be based on the principle of replacement cost

at current market value. When necessary, livelihood restoration programs

acceptable to the local community will be put in place to help people

improve, or at least restore, incomes to pre-project levels;

• Preparing a cost estimate and budget including the costs of compensation,

relocation and rehabilitation, social preparation and livelihood programs.

The budget will also include the costs for planning, management,

supervision, monitoring and evaluation, land taxes, land fees, physical and

price contingencies, and implementation of the RP;

• Inclusion of a grievance mechanism based on cultural practices and

agreeable to AHs; and

• Inclusion of a monitoring system - appropriate reporting and monitoring

and evaluation will be established as part of the resettlement management

system, which will be set out in the RAP.

4.6 Eligibility and Entitlements

This RP will apply to the Road Network Upgrading Project for implementing the Dili-

Manatuto sub-project. This will ensure that all persons affected by losing of land and

other fixed assets, will get the appropriate compensation, and rehabilitation assistance.

4.6.1 Cut-off Date and Eligibility

The cut-off date 15 December 2013 under the project is the date after which people will

not be considered eligible for compensation, i.e., they are not included in the list of AHs

as defined by the census. Normally, the cut-off-date is the date of the detailed

measurement survey. The cut-off date under the project has been set tentatively as on 15

December 2013. PMU/MPW will be informed about the cut-off day to inform the local

communities. People who will move into the project boundaries after the cut-off date will

not be entitled to any compensation. The following categories of affected persons will be

entitled to receive compensation for their losses:



� Those with titles to land recognized on a legal basis;

� Those with no legal rights but have a claim to the land or assets, and are recognized

through a process identified in the RP; and

� Those who have no legal right or claim to the land they are occupying before the cut-

off date.

Negotiated prices at replacement cost for land and other fixed assets, (houses, other

structures) crops, and trees will be adequate to replace losses.

While AHs with recognizable land rights/claims will receive fair compensation/price at

replacement rate for land, those without such rights will be compensated for assets

attached to land such as houses, kiosks, and other structures. They will also be entitled to

assistance for restoring their incomes. The AHs without legal title or legitimate claim

will be entitled to compensation for non-land assets only and other assistances.

Vulnerable persons and women-headed households will qualify for special assistance.

An entitlement matrix for the project is presented in Table 4-1. Each RAP will include a

detailed entitlement matrix identifying the following main components:

� Description of impact (permanent, temporary, land, structure, crops, access,

employment, business, communal facilities, public buildings and utilities, etc.;

� Nature of impact (right of way, access for construction, partial or total loss,

ownership, impact on income, etc.);

� Definition of affected person for each category of impact;

� Specific entitlement for each type of loss; and

� Agency responsible for each entitlement.

Where public buildings such as schools, clinics, electricity lines, water supplies, markets,

and government offices are affected, PMU will work with relevant authorities to plan for

replacing them well in advance and ensure that the required funds are included in the

resettlement budget. Churches and religious structures will be compensated at

replacement value.






Permanent loss of homestead and commercial

land

Title holders/

Claimants

Compensation for the loss of residential land at negotiated price ensuring replacement cost

Compensation for the residential structure (part or full) at replacement rates without depreciation

Transitional allowance for a maximum of 9 months at $100 per month, if the residual land is not viable (land acquired is 75% or

more of the total land holding of the title holder); or, for 3 months if the residual land is viable

If the household is vulnerable,

transitional allowance will be for 12 months.

All fees, taxes, and other charges, as applicable under relevant laws

incurred in the relocation and resource establishment are to be borne by the project.

Landless/vulnerable APs will be

assisted to find alternative land/plot.

PMU in coordination with

MOJ/DLPCS, Ministry of Finance, with assistance from valuation specialist, local authorities and community

leaders.

Permanent loss of residential/commercial

structures of owners/claimants

Owners of structure

Compensation for house/structure(s) at negotiated price ensuring replacement value

Transitional assistance to cover a maximum of 9 months rental accommodation; if the household is vulnerable, transitional allowance will be for 12 months

One-time lump sum shifting allowance of $200 for temporary, semi-permanent, and permanent structures

Right to salvage materials from the demolished structure

Vulnerable APs will be provided a one-time rehabilitation grant in the form of productive assets.




Assets of

squatters or informal settlers

Informal

settlers/squatters/ non-tilted AHs identified by IOL losing

Commercial semi-permanent structure

Compensation at replacement cost

of affected structure

Estimated during IOL and finalized with DLPCS; Transitional allowance for loss of income from

business of $100 for 4 months per household

Salvaged materials which are free

DLPCS with

assistance from the PMU’s Valuation Specialist and

in consultation with relevant authorities will finalize



Annual/Seasona

l crops

Household Compensation at market value of

crops for 3 years, plus a $100 assistance grant for the purchase of seeds for the next season

PMU with

assistance from relevant government ministries and

valuation specialist

Tree Claimant of the affected

tree

Compensation at replacement cost of affected tree estimated during

IOL and finalized with DLPCS

Salvaged materials which are free of cost

DLPCS with assistance from

PMU’s Valuation Specialist in consultation

with relevant authorities will determine the fair


Income from business

Kiosks One-time lump sum transfer grant of $100 per kiosk


PMU in coordination with DLPCS and with

assistance from the local authorities and community

leaders

Impact on Vulnerable AHs

Vulnerable and women-headed households

identified by IOL

In addition to the above standard package, vulnerable AP households will receive the following:

Additional special assistance of

$100 for two more months for vulnerable household

PMU with assistance from the local authorities and

community leaders

Unforeseen Impact

Concerned persons affected

Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework.




CHAPTER 5 PARTICIPATORY CONSULTATION AND

DISCLOSURE

5.1 Stakeholders

This RAP has been prepared in consultation with key local and national stakeholders.

Table 5-1 summarizes the consultations that have been undertaken in preparation for the

RAP. Importance was given to consult the leaders of local communities, particularly the

suco/village and aldeia/hamlet chiefs, along the project road corridor to receive their

support for the project. Most importantly, attention was given to the directly affected

persons and their community to understand their attitude towards the project design and

benefits, their expectations, and to create awareness among the affected population

regarding their entitlement, compensation payment procedures, and grievances redress

mechanism. In the process of considering mitigation measures, their suggestions have

been taken into account to avoid negative impacts to the possible extent.

The main issues concerning the project impacts and AP’s expectation and their

suggestions on mitigation measures appeared more or less similar. The key local and

national stakeholders that were consulted on the project include:

� Local individuals and communities;

� Special interest groups (women, farmers, small traders, landless);

� Government authorities and public sector agencies;

� Non-government organizations (NGOs); and

� Financing agency and other international development agencies.

5.2 Key Issues

Consultations, especially at suco and aldeia levels, were dominated by questions and

concerns relating to the land ownership issue, negotiated compensation for land and other

assets lost, and impacts on livelihoods, impact on religious and cultural sites, and on

services. The key issues that were frequently raised in the consultation are summarized as

follows:

� Land purchase, negotiated compensation and livelihood

� The methods that will be used to determine compensation values for land,

structures and other assets; responsibility for compensation determination

(MPW/PMU, DLPCS, valuation expert, supervision consultants or a compensation

committee); whether compensation rates (e.g., for land) will be at the current

market prices;

� Fate of people who have no legal right to the land on which they have settled,

whether they will be entitled to compensation for land, and for other losses, e.g.,

houses, crops, trees;

� Compensation for the houses that will be affected only in part;

� The method of compensation disbursements; timing of when compensation

payments will be made;



� Loss of employment to shop and business employees; no possible guarantee

that the same employees will be able to get the same job in a relocated business;

� Use of middle men/agents in compensation payments.

� Services and religious/cultural sites

� Impact on existing religious sites, such as church and cemetery, and how they

would be treated;

� Impact on existing electric supply.

� Employment opportunities

� Assurance of employment opportunity for the affected and local people during road

construction works.

5.3 Community Attitude

Many people anticipated that the project could lead to substantial development and the

improvement of infrastructure, services and facilities in the area. The project has been

seen as an opportunity to develop the region and its people. In the consultation meetings,

almost all participants responded by stating that the project is necessary for improving

connectivity, creating jobs, increasing agricultural productivity and reducing poverty.

In the survey stage, the people likely to be directly affected were supportive of the

project, participating in the consultation process through responding to various surveys.

They also expressed their support to the project with the expectation of getting fair

compensation for their affected assets.

Both in the course of consultations and survey period, the participants and likely AHs

were asked about their preference on the type of compensation for their affected property.

In all the meetings, almost all the respondents preferred cash compensation for the loss of

their land, structures, trees, and other assets.

Table 5-1 Summary of Stakeholder Consultations

Stakeholder

Category


National Level Consultation with:

Project and Financial Manager, PMU, MPW Chief Technical Adviser, PMU, RNUSP

Director, National Statistics Directorate, Ministry of Finance, Timor-Leste

Project Consultants

District Level Consultation with:

(i) Vice District Administrator, Dili-Manatuto

(ii) Sub-district Administrators

(iii) Representatives of government departments: DLPCS in Sub-districts

Suco/Village Chief Consultation with the suco chiefs in the project area (Camea, Hera, Sabuli, Duyung, Umakaduak, Sau, and Ailili)

Aldeia/Hamlet Chief Consultation with concerned chiefs of aldeias



Stakeholder

Category


Suco/Villages Consultation meetings held in the sucos

Individual Households Interviews with the AHs

Special Interest

Groups

Discussions with specific groups of project-affected people including women, small business traders, and coffee growing farmers

Other International

Agencies

Social analyst, JFPR,Timor-Leste

Consultation meetings were held at the suco/village/sub-district level along the existing

road corridor, which involved almost all AHs as participants (±230 participants). Photos

of consultation meetings are given in Appendix C. The minutes and participant lists of

public consultation meetings are given in Appendix E.

Table 5-2 Consultation Meetings

Sl No.

Date Time Venue (Suco/Sub-District))

No. of Participants

1 22 Nov 2013 10:00 AM Sub-District Laleia ±50

2 25 Nov 2013 10:00 AM Sub-District Vemasse ±60

3 26 Nov 2013 10:00 AM Suco Umakaduak; Sub-District Laclo ±70

4. 27 Nov 2013 10:00 AM Suco Duyung; Sub-District Metinaro ±50

Total ±230

5.4 Disclosure

After the approval of the RAP by the MPW, ADB and JICA, a summary of the

resettlement action plan along with the entitlement matrix, including the list of AHs will

be translated into local language (Tetum/Portuguese) and will be disclosed to

stakeholders, and especially affected persons, by the MPW. This will be presented in the

form of a booklet/brochure (Appendix C) to enable the AHs and local communities to

read it by themselves and be aware of the project’s benefit/compensation available for the

AHs, as per provision in the entitlement matrix. MPW field staffs/consultants will

distribute the brochures through suco meetings and will explain the mechanisms and

procedures and the overall process of the compensation program. The RAP will be made

available in the MPW, as well as in the MPW’s field offices, Directorate of Land Property

and Cadastral Survey, offices of the district and sub-district administrators, offices of the

suco chiefs and aldeia leaders, as an official public document. The RAP will also be

disclosed on the JICA, ADB and MPW websites.



CHAPTER 6 GRIEVANCE REDRESS

6.1 Government Policy for Grievance Redress

The constitution of Timor-Leste and the Expropriations Act gives the right for its citizens

to be compensated if their property is used for public purpose. According to Section 54 of

the constitution, “requisitioning and expropriation of property for public purposes shall

only take place following fair compensation in accordance with the law”. As stated

earlier, the first land law of Timor-Leste was promulgated in March 2003 and was

designed to serve as an umbrella law for the rest of the land and property regime.

However, there are uncertainties over the boundaries of state land and overlapping claims

of state and customary land ownership. Further, the law currently does not include any

implementing regulation.

The Expropriation Law has received the parliament’s approval. The Government is now

able to acquire land for road improvement under an “eminent domain” or involuntarily.

Another problem with expropriation is that a substantive amount of land in Timor is not

registered. Also, the absence of an active land market in rural areas poses a challenge to

determine the market or replacement value of the affected land. As a result, the

government policy for grievance redress will not probably be adequate. Hence, the project

is proposing a grievance redress mechanism to address the grievances of the AHs.

6.2 Proposed Measures to Address Grievance

It is important to deal effectively with AHs’ concerns pertaining to resettlement impacts

such as compensation, rehabilitation, delays in payment, etc. To ensure this, a simple and

accessible, transparent, and effective grievance redress system shall be established.

The suco chiefs (village is suco), other elders, church leaders, and other recognized civil

society leaders will play a major role in the grievance redress process. On land matters,

the MOJ, assisted by DLPCS, will resolve any conflicts according to the provisions of the

Expropriations Act. Ita Nia Rai's experience with conflict resolution and dispute

mediation in property rights will be drawn upon as necessary to strengthen PMU’s

capacity in addressing land-related issues.

The project manager of the sub-project will be the focal point for receiving and resolving

any grievances of AHs.

AHs will not be liable for any costs associated with resorting to the grievance redress


The AP always has final recourse through Timor-Leste’s legal channels. However, every

effort will be made to avoid this. Should the AHs want to pursue legal recourse,

PMU/MPW with assistance from the PISC consultants will ensure that support is given to

the AP to prepare a case. The grievance address procedure is shown in Table 6-1.

Through public consultations and distribution of public information booklets, AHs will be

informed that they have a right to file complaints to the Grievance Redress Committee

(GRC) on any aspect of land acquisition compensation, or on any other related

grievances. It should be pointed out that this committee does not possess any legal

mandate or authority to resolve land issues, but rather acts as an advisory body or




MOJ/MPW/PMU. The GRC will review grievances involving all resettlement benefits,

relocation and other assistance. Any complaints of ownership or other suits, to be

resolved by judicial system, will not be resolved in the GRC.


units (districts, sub-districts, sucos and aldeia) as well as to facilitate easy accessibility of

the AHs. The GRC would be the tool to ensure proper presentation of grievances,

impartial hearings, and transparent decisions. Established through a gazette notification

of the MPW, GRCs will work for any grievances involving resettlement benefits and

issues. The GRC will include at least one female member to participate in the hearings if

the aggrieved person is a female. The GRC is proposed to be composed of:


� Representatives of the local administration (district/sub-district administration and chiefs of suco and aldeia)




Table 6-1 Grievance Redress Procedure

Step Process Duration

1 AP submits grievance to the sub-project manager in person

2 Sub-project manager will try to address the issue. 7 days


3 Sub-project manager shall take the grievance to thePMU/community liaison officer

Within 2 weeks of receipt of decision in step 2

4 Issue discussed at project liaison meeting 1 week

5 PMU/community liaison officer reports back to village/AP 5 days

If unresolved

6 AP take grievance to MPW Secretary of State Within 2 weeks of receipt of decision in step 5

7 Secretary of state refers the matter to an internal committee 2 weeks

8 Secretary of state reports back to AP 5 days

If unresolved or at any stage if AP is not satisfied

AP can take the matter to the appropriate court As per judicial system



6.3 Compensation Determination Procedure

Land for the project will be acquired by direct negotiation and shall be purchased from

the landowners, as provided under the Expropriations Act. Payment for physical assets,

i.e., houses, buildings and other structures, and non-physical assets such as lost income

from productive assets or jobs, will be negotiated with AHs with the assistance of the

Directorate of Land, Property and Cadastral Survey (DLPCS). The negotiated purchase

will offer adequate and fair price at full replacement cost for land and/or other assets. To

ensure that any negotiations with AHs address the risks of asymmetry of information and

bargaining power of the parties involved, an independent external party such as NGOs

will be engaged to document the negotiation and settlement processes. The processes

applicable to such transactions are described in the following paragraphs. Compulsory

acquisition procedures will be initiated by MOJ, only if the negotiated purchase fails.

AHs will be well informed of their rights and entitlements regarding their compensation,

so that they can make an informed decision. Once the sub-project and its potential

impacts have been identified, and consultations take place, AHs will be informed of their

options. These consultations with AHs will provide details on the land required to

construct or facilitate the works, as well as some basic socio-economic information about

the AHs.

The PMU will obtain the views of the AHs as to whether they support the sub-project in

general and the proposed works specifically, as well as whether they are willing to discuss

the sale of land to the project through negotiation. In the event that the owner is not

willing to discuss the provision of land for use by the project, MPW has two options: (i)

invoke involuntary/compulsory land acquisition procedures, following an expropriation

mechanism and in compliance with the donors’ policy and RF; or (ii) not proceeding

with the particular works in respect to that piece of land.

Where the AHs are willing to discuss voluntarily providing/selling their land for the

project, the PMU will discuss and document the basis on which the land transfer will

proceed, including the agreed upon consideration or compensation. The PMU will ensure

that voluntary land settlement is in fact voluntary and that the people were not coerced or



claim.

Negotiated land settlements will be carefully documented. MPW will seek to obtain any

agreed legal documents between MPW, DLPCS, and the land owners that are negotiating

in selling their land. The legal documents will establish the obligations of each party to

the agreement. If the obligations have been agreed upon, the legal documents will be

signed by the different parties being the landowner(s), representative(s) of MPW, and

representative(s) of DLPCS.

As per provision of the RF for the project, PMU shall include an international safeguards

specialist who will verify the process, and documents the consultations and agreements

reached on behalf of the PMU. It is of utmost importance to verify that the AHs are fully

informed of the compensation payments that they are entitled to. A third party, such as a

non-government organization (NGO) or civil society organization (such as a church), will

provide independent validation that: (i) the consultations have been undertaken

meaningfully, freely, and in good faith; and (ii) the landowners have willingly given/sold



the land for the project works.

The established grievance redress mechanism, linked with the existing traditional formal


disputes and complaints from AHs.

The MOJ and DLPCS will set up a committee under the Directorate and coordinate with

the PMU, with assistance of a professional valuation expert provided under the project, to

establish a basis for valuation of affected land and properties and other assets according to

the Expropriations Act.



CHAPTER 7 INCOME RESTORATION STRATEGY

7.1 Restoration of Income from Structure

According to the September-October 2013 Census and the subsequent impact mitigation

measure exercise, 364 households will be affected by the project. Of these, base on the

measurement survey and PCM conducted in each project location, there are 26 AHs

categorized as severely AHs and will be resettled and the rest 151 AHs categorized as

marginal AHs that shall be moved a little back to their own available land. These affected

households (AHs) are considered as vulnerable. Additional special assistance has been

included for the AHs in the resettlement budget. There are 69 other old AHs such as

owners of roadside kiosks (small temporary shops), who are also considered as

vulnerable, and will also be provided with additional special assistance. These ambulatory

vendors will also receive a lump sum transfer grant.

7.2 Restoration of Income from Business

There are 139 roadside business kiosks and ten residential-comercial place (house and

business place) which will be affected during the road construction period as discussed in

Chapters 2 and 3. A lump sum transitional allowance will be provided to these households

to compensate with the losses that the project will cause to them during the time that their

business were not in operation. Alongside these assistances, affected households will also

receive a lump sum shifting allowance. Also, AHs will receive a one-time rehabilitation

grant. Holders of small businesses who will continue after the completion of the road

construction are not suggested to be given alternative income generation training or

livelihood support.

7.3 Income from Crops and Trees

The project will have an impact on crops like coffee, banana, and cassava. Loss of these

crops will be compensated with a corresponding amount equal to its market value for

three years. In addition, a one-time compensation will be given as seed capital for the next

season crops.

The income lost from the impact on cutting timber trees will be compensated using timber

value at market price. Compensation for fruit and other trees will be made depending on

the species, current yield, and expected life.

The road construction will require several unskilled laborers for earthworks, road

embankment as well as other related works. PMU will encourage contractors to give

preferential employment on the affected persons, including affected women when

recruiting local laborers. Employment in the project construction will be an added source

of income in the income restoration process.



CHAPTER 8 INSTITUTIONAL FRAMEWORK

8.1 Institutional Setup

The PMU under the MPW will have the overall responsibility for implementing the sub-


and implement land purchase and resettlement, train counterpart staff and monitor

resettlement in the sub-project. To this end, an environmental and social unit (ESU) will

be established in the PMU, staffed by a national social safeguards specialist and an

international social safeguards specialist. The PISC consultant on the project will also

provide an international social safeguards specialist to work with the PMU on all

resettlement and consultation tasks.

The PMU/ESU will be responsible for all environmental and social aspects of the road

development work. On the social safeguards side, they shall manage all resettlement

activities. The following tasks enumerated below are its key functions:

• Planning, coordination, implementation and monitoring of land acquisition and resettlement;

• Conducting of consultations and ensuring that the affected people are well-informed on the resettlement and compensation;

• Coordinating with the MPW, MOJ and DLPCS and ensuring a prompt, adequate and timely compensation payment according to entitlements; and

• Monitoring and reporting resettlement activities.

A valuation specialist will be provided to assist the DLPCS in the valuation of property

and to have appropriate compensation in place. The international safeguard specialist at

PMU will assist in managing all resettlement activities including the process of reaching

adequate compensation. If the situation demands, PMU will engage an experienced NGO

that is active in the project area to assist in the process of consultation, negotiating

compensation, and resolving disputes.

8.2 Resettlement Implementation Structure

The institutional responsibilities of different agencies for implementation of resettlement

activities are shown in Table 8-1 below.

Table 8-1 Responsibilities of Agencies


Executing Agency (EA)

MOF/Implementing Agency (IA) MPW


• Directs the PMU


• Liaises with JICA





(PMU)/MPW





• Ensures that AHs are paid with compensation promptly,

adequately and effectively, in conformity with the Expropriations Act and the JICA’s Guideline for Environmental and Social Consideration

• Establishes a grievance redress system designed to deal effectively with complaints from AHs, in coordination with MOJ/DLPCS

• Ensures that effective monitoring of resettlement is conducted

and reported to funding agencies

• Ensures that the grievance redress system is effective when

addressing AHs concerns


• Liases with JICA on all matters relating to resettlement and submits regular reports

MOJ/DLPCS • Oversees and reviews the implementation effectiveness of land purchase and resettlement



• A valuation specialist will work with MOJ/DLPCS to prepare compensation values for land in compliance with the Expropriations Act

JICA • Review and approve all resettlement documentations as required under the respective policies of the government


• Provide international expertise in valuation to assist MOJ in preparing valuation tables for land acquisition

• Disclose RP on respective websites




CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING


All funds required for land purchase and resettlement will be provided by the

government. The MOF/MPW will ensure that adequate funds are available for carrying

out resettlement according to the budgets prepared for the sub-project. The PMU will

coordinate on the allocation of funds, approval of payments and delivery of funds,

monitoring of progress, and reporting.

9.2 Budget Description

The entire resettlement for the road improvement project will require a total of

$1.833.872 ($1.8 million), out of which, $1.763.338 is for direct resettlement expense.

The rest of the budget is kept to meet the expenses for resettlement staff training, internal

monitoring, administrative expenses and contingency expenses. Table 9-1 below gives a

summary of the breakdown of resettlement expenses. The included cost items are in

compliance with the RF prepared for the project.

MOJ will work with PMU to conduct cadastral surveys for the lands to be acquired and

prepare valuation tables as provided under the Expropriations Act. PMU will ensure such

values conform to JICA on the requirements for compensation at replacement value.

Since the Expropriations Act provides for negotiated purchase in the first instance, it is

expected that AHs will get adequate compensation. If, however, statutory compensation

under the act falls short, then PMU will provide additional funding to “top up”


Table 9-1 Resettlement Budget


(US$)

Amount

(US$)

Compensation for Land and Structure:

Compensation for Land Other than that Used for Structures

143.777 M2 10 1.437.772

Compensation for Permanent Structures 261,34 M2 100 26.134

Compensation for Semi Permanent Structures 1.323,55 M2 80 105.884

Compensation for Temporary Structures 523,88 M2 80 41.910

Compensation for Crops:

Paddy 250 kg 15 3.750

Chili 70 kg 1 70

Cassava 5 kg 1,12 6

Kangkung 5 Kg 1 5

Bannana 1000 kg 2 2000

Cost for seed for next season 62,2 m2 50 3.110

Compensation for Trees, Fruit Trees:




(US$)

Amount

(US$)

Big Timber Tree 11 pc 350 3.850

Teak Wood Tree 29 pc 50 1.450

CoconutTree 67 pc 25 1.675

MangoTree 29 pc 25 725

Timber tree with fruit 35 pc 100 3.500

Papaya 7 pc 7 49


Banana 5 pc 5 25

Other fruit tree 30 pc 100 3.000

Transitional Allowance and Grants:

Transitional Allowances for 9 months for Vulnerable AH loosing100% Structure

48 No 100 4.800

Transitional Allowances for 3 months for AH for losing Structure (partly)

56 No 100 5.600

Shifting Allowance for AH losing Structure 48 No 200 9.600

One time Transfer Grant for Roadside Business 77 No 100 7.700

Transitional Allowance for 4 months for each road side business

42 No 100 4.200

Additional special assistance of $100 for additional 2 months for vulnerable HH.

48 No 100 4.800

Monitoring Expenses 12 Months 5.000 60.000

Compensation for Utilities:

Steel Electricity Pole (SEP) 75 pc 100 7.500

Concrete Electricity Pole (CEP) 105 pc 150 15.750

Water Pipeline 150 pc 60 9.000

Total Direct Cost

1.763.338

Administrative Expenses, Capacity building

and training of ESU staff, internal

monitoring and contingency

4% 70.481

Total Resettlement Budget

1.833.872



• Rates for land are estimated on the basis of the present market value in the project area. About 240 AHs have been considered as vulnerable – seven are old men and two AHs are chronically ill. Among the 240 vulnerable AHs, 188 AHs are declared to be vulnerable due to their income level being below the living standard in Timor Leste



(poor people). Of all AHs, 71 will lose 100% of their housing structure, while others will lose business income from kiosk during construction. The old woman AP will also lose income from kiosk for the period during construction of a particular section of the road.



CHAPTER 10 IMPLEMENTATION SCHEDULE

10.1 Institutional Arrangements

The implementation schedule of the resettlement plan broadly consists of land acquisition

and resettlement activities. Land required for the project will be acquired under the

regulation of the Expropriation Act (2012) and handed over to the Implementing Agency.

The Implementing Agency will initiate the process of land acquisition together with

concerned authorities. Thereafter, land free from all encumbrances shall be made

available to civil contractors by the Implementing Agency. The timeframe for the

implementation of RP will be synchronized with the project implementation in a way that

the commencement and progress of civil works is not adversely affected.

PMU, with assistance from the PISC consultant, will be responsible for the preparation of

land acquisition (LA) proposal and submission to the AL authority, and placing of

requisite funds to the LA authority for land acquisition.

The ESU social safeguard team of PMU will receive training on land acquisition and

resettlement aspects and policies before the actual start of the implementation of the

resettlement plan. The PISC consultants in coordination with the PMU and with

assistance from experienced NGOs/consultants will organize this training program.

MPW/PMU will begin the implementation process of RAP immediately after its approval

by JICA. Grievances or objections (if any) will be redressed as per grievance redress

procedures adopted in this RAP. The steps for the delivery of compensation for all

eligible AHs/APs will be the following:

i. Preparation of invoices:

Invoices for each of the eligible AHs/APs will be prepared by PMU. This document entitles each of the AHs/APs to receive the amount indicated in the invoice.

ii. Delivery of money to local banks:

Money from MPW/MOF will be remitted to a bank in Dili City. A bank account will be opened by the PMU to deposit the amount of compensation on behalf of the AHs/APs.

iii. Payment:

Each AH/AP will receive a cash/check for the whole amount of compensation from the PMU. The AH/AP shall sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has no longer any pending claims over the affected property. A photograph shall be taken with the AH/AP receiving the compensation as record of proof and as part of project documentation.

iv. Identity of person:

At the time of receiving the compensation cash/checks, AHs/APs will present their National Identity Card (NIC). The NIC is the basic document of the Timor-Leste’s national for establishing the identity of a person. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC.



10.2 Implementation Schedule

A timeframe of seven months has been considered for the implementation of

resettlement plan. Table 10-1 presents the implementation schedule of the RAP. The

earliest date for those financial resources for the resettlement aspects of the project are

expected to be available is during February 2014; hence, the earliest actual

implementation of the RAP particularly delivery of compensation may begin during

March 2013. However, sequences may sometimes change due to circumstances beyond

the control of the project.



Table 10-1 Implementation Schedule of the RAP

Activities Nov 2013 Dec 2013 Jan 2014 Feb 2014 March 2014 April 2014 May 2014

1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

Preparation of draft RAP

Submission of RAP to MPW/JICA for review/ approval

Update of the RP and submission of revised RP to MPW/JICA for review/approval, addressing the comments

Allocation of resettlement fund

Translation of RP into Tetum/Portuguese language

Disclosure of approved RP

Distribution of Information Booklet

Preparation of Vouchers

Delivery of Compensation to APs

Dispute/objections (complaints and grievances)

Internal monitoring and reporting to JICA



CHAPTER 11 MONITORING AND EVALUATION


Implementation of the RAP will be monitored both internally and externally to provide

feedback to PMU/MPW and to assess its effectiveness. Evaluation of the resettlement

activities will be resorted after the implementation of the RAP to assess whether the

resettlement objectives were appropriate and whether they were met specifically, whether

livelihoods and living standards have been restored or enhanced. The evaluation will also

assess resettlement efficiency, effectiveness, impact and sustainability, drawing lessons as

a guide to future resettlement planning.

11.2 Internal Monitoring

Internal monitoring of all resettlement tasks, consultation tasks and reports to JICA will

be conducted by the Environmental and Social Unit (ESU). The ESU is established in the

PMU, and is assisted by ESU national and international social safeguard specialists.

Internal monitoring will include reporting on progress in the activities envisaged in the

implementation schedule with particular focus on public consultations, land purchase (if

required), determination of compensation, record of grievances and status of complaints,

financial disbursements, and level of satisfaction among APs. Potential indicators for

internal monitoring are briefed in Table 11-1 below.

Table 11-1 Internal Monitoring


Budget and Time Frame Have all safeguard staff under ESU been appointed and mobilized for field and office work?

Have the capacity building and training activities been

completed?

Are the resettlement implementation activities being achieved in accordance to the agreed upon implementation plan?

Are funds for resettlement being allocated on time?

Have the PMU received the scheduled funds?

Have funds been disbursed according to RP?

Delivery of AP Entitlements

Have all APs received entitlements according to the numbers and categories of loss set out in the entitlement matrix?

How many affected households relocated and built their new structure at the new locations?

Are income and livelihood restoration activities being implemented as planned?

Have the affected businesses received the appropriate entitlements?

Consultation, Grievances and Special Issues

Have resettlement information brochures/leaflets been prepared and distributed?

Have consultations taken place as scheduled including meetings, group gatherings, and community activities?

Have any APs used the grievance redress procedures? What were the outcomes?

Have the conflicts been resolved?




Benefit Monitoring What changes have occurred in the patterns of occupation as

compared to the pre-project situation?

What changes have occurred in the income and expenditure patterns as compared to the pre-project situation?

Have APs income kept pace with these changes? What changes

have occurred for vulnerable groups?

11.3 Reporting

Resettlement monitoring reports will be sent to JICA along with regular progress reports

semi-annually. The monitoring reports will be posted on the JICA website. Relevant

information from these reports will be disclosed in the project areas and shall be available

in local languages.


Appendix

APPENDIXES


Appendix A A-1

APPENDIX A

PRICE LIST RFERENCE


Appendix A A-2


Appendix A A-3


Appendix A A-4


APPENDIX B

INVENTORY OF LOSSES QUESTIONNAIRE


Appendix B B-1

B.1 Census Questionnaire


Appendix B B-2


Appendix B B-3


Appendix B B-4

B.2 Social Questionnaire


Appendix B B-5


Appendix B B-6


APPENDIX C

DRAFT PUBLIC INFORMATION BOOKLET

THE NATIONAL ROAD NO. 1 UPGRADING PROJECT DILI–

MANATUTO

LAND ACQUISITION, RESETTLEMENT AND COMPENSATION


Appendix C C-1

1. INTRODUCTION

The Japan International Cooperation Agency (JICA) is providing financial

assistance to the Republic Democratic of Timor-Leste (RDTL) for improvement of road

infrastructure under the Road Network Upgrading Project (RNUP). The project includes

upgrading and improving the Manatuto-Baucausection, a part of the Dili-Baucau section

which has a length of about 57.6 km. As per requirement of the applicable laws of

Timor-Leste including the Expropriation Act, complying with JICA's Guideline for

Environmental Social Consideration on involuntary resettlement, and in conformity with

the resettlement principles and procedures outlined in the Resettlement Framework (RF)

adopted for the project, the Ministry of Public Works (MPW) has prepared a

Resettlement Action Plan (RAP) to deal with the resettlement impact due to project

intervention. The RAP describes the provisions established to address these impacts and

the modalities for compensating the affected families (including compensation rates,

special allowances and schedules). The RAP for the project will be disclosed and made

available to the public at the local MPW and district administration offices in the areas

affected by the project. The PMU will also make this RP available to the public at the

MPW headquarters in Dili.

PMU has prepared this information booklet summarizing the main provisions of the

RAP which will be distributed to all families affected under the project.

2. RAP Preparation Status

The RAP has been prepared based on the preliminary design as of August 2013,

drawing on the result of 100% survey of impact of the affected families (AFs),

associated with socio-economic information of affected households. The RAP also

details compensation entitlements and rates/modalities for each affected item. Finally,

the RAP explains how compensation will be distributed to the AFs and how eventual

complains will be handled. It also provides a schedule for the compensation program.

Contents of the RAP are summarized in the following sections.

3. Project Location

The National Road No. 1 Upgrading Project Manatuto-BaucauSection is a part of Dili-

Bacau section, with a length of about 57.6 km. It is a road strategically placed to link

the districts of Dili and Bacau, which may further help to improve the area’s business


4. Resettlement Impact

The strategy for the project is to minimize land requirements by confining the

construction works within the existing road corridors to the possible extent. However,

it will inevitably be necessary to acquire some land and other assets for widening and

raising of the road embankment which will cause involuntary resettlement impacts. To

address these resettlement impacts, the present draft Resettlement Action Plan (RAP)

for the Manatuto-Baucausection has been based on the impact survey, census, and

socio-economic survey of the affected persons (AP), as well as from consultations with


Appendix C C-2

the AP population and various stakeholders. The RAP preparation has been carried out

in line with JICA’s Guideline for Environmental and Social Consideration (April

2010) requirements on involuntary resettlement and in conformity with the

resettlement principles and procedures outlined in the Resettlement Framework (RF)

adopted by the Government of Timor-Leste for the Road Network Upgrading Project.

The improvement of the Manatuto-BaucauSection will involve the acquisition of land

and other assets. A combined census and socio economic survey carried out in June

2013 and again in September 2013 shows that the project will have to acquire about

104,572 m2 of land (10.4 ha), about 2669 m2 of structure and about 3387 trees of

different kinds along either side of the embankment. Combined with bamboo trees, the

estimated number of affected trees is expected to be greater. The total number of

affected households has been estimated at 721 along with 4,144 affected persons

(APs). A part from this implementation of improvement works with clearing off the

right of way land will cause resettlement impact involving the physical displacement to

71 households. A summary of impacts are shown in Table 1.

Table 1: Summary of Impacts

5. Compensation and Entitlements

The following categories of affected persons will be entitled to receive entitlements as

set out in the RF, including any additional entitlements in line with the RAP:

• those with titles to land recognized on a legal basis;

• those with no legal rights but have a claim to the land or assets, and are recognized

through a process identified in the RAP; and

• those who have no legal right or claim to the land they are occupying before the cut-

off date.

APs will be compensated for lost assets at replacement price based on valuations

prepared according to the Expropriations Act. This is to ensure that compensation is

paid at replacement value. The costs in this RAP are preliminary estimates, based on

consultation with community leaders, affected persons, local authorities and NGOs.

Under the provisions of the Expropriations Act, cadastral surveys will be carried out

for all lands marked for acquisition. The MOJ and PMU will then prepare detailed

compensation amounts for all impacts identified.

Compensation and entitlements have been identified based on impacts and losses caused

before the eligible cut-off date. The established cut-off date for the project was set as on

13 October 2013, the date of commencing the census and socio-economic survey. APs

will be compensated for their losses as per entitlement matrix presented in Table 2.


Appendix C C-3

Table 2: Project Entitlement Matrix




homestead and

commercial land

Title holders/ claimants

• Compensation for the loss of

residential land at negotiated price

ensuring replacement cost

• Compensation for the residential

structure (part or full)

• At replacement rates without

depreciation

• Transitional allowance for a

maximum of 9 months, at $100

per month, if the residual land is

not viable (land acquired is 75%

or more of the total land holding

of the title holder); or, for 3

months if the residual land is

viable

• If the household is vulnerable,

transitional allowance will be for

12 months.

• All fees, taxes and other charges,

as applicable under relevant laws

incurred in the relocation and

resource establishment are to be

borne by the project.

• Landless/vulnerable APs will be

assisted to find alternative

land/plot.

PMU in coordination with MOJ/DLPCS, Ministry of Finance, with assistance from valuation

specialist, local authorities and community

leaders.


residential/

commercial

structures of

owners/ claimants

Owners of structure

• Compensation for house/

structure(s) at negotiated price


• Transitional assistance to cover a

maximum of 9 months worth of

rental accommodation; if the

household is vulnerable, transitional

allowance will be for 12 months

▪One-

timelumpsumshiftingallowanceof





Appendix C C-4

3. Assets of squatters

or informal

settlers

Informal

settlers/ squatters/ non-tilted APs

identified by IOL losing commercial semi-

permanent structure

• Compensation at replacement cost

of affected structure estimated

during IOL and finalized with

DLPCS Transitional allowance, for

loss of income from a business, of

$100 for 4 months per HH

• Salvaged materials which are free of

cost

DLPCS with

Assistance from the PMU’s valuation specialist and in consultation with

relevant authorities will finalize the compensation at replacement cost

for the affected structure as identified during IOL.

4. Annual/seasonal

crops

Household • Compensation at market value of

crops for 3 years, plus an assistance

grant of $100 for purchase of seeds

for the next season

PMU with assistance

from relevant government ministries and valuation specialist


• Compensation at replacement cost of

affected tree

• Estimated during IOL and finalized

with DLPCS

DLPCS with assistance from PMUs

Tree ▪ Salvaged materials which are free of cost

Valuation specialistin consultation with relevant authorities will determine the

fair compensation at replacement cost.

6. Income from

business

Kiosks • One time lump sum transfer grant

of $100 per kiosk; Transitional

allowance of $100 for 4 months per

HH

PMU in coordination with DLPCS and with assistance of

local authorities and community leaders

7. Impact on

vulnerable APs

Vulnerable

households headed by women as identified by

IOL

• In addition to the above standard

package, vulnerable AP households

will receive the following:

• Additional special assistance of

$100 for additional 2 months for

vulnerable HH

PMU with

assistance of local authorities and community leaders


• Unforeseen impacts will be

documented and mitigated based

on the principles agreed upon in

this policy framework.


6. Resettlement Budget

A preliminary estimate for compensation for the Dili-Manatuto Road improvement

sub-project will require a total of $1,740,156 ($1.7 million), out of which,

$1,673,227will be spent on direct resettlement expenses while the rest is kept to meet

the resettlement staff training, internal monitoring, administrative and contingency

expenses (see Table 3). The included cost items are in compliance with the RF


Appendix C C-5

prepared for the project. A more detailed budget will be available after the cadastral

surveys are completed and valuations worked out by MOJ and PMU.

Table 3: Resettlement Budget


($)

Amount

($)



104,572 m2 10 1,045,717





Anona 25 kg 1.08 27

Spinach 25 kg 1 25

Cassava 225 kg 1.12 252

Corn 20 kg 1.05 21

Hudi 15 kg 1.06 16


Sum)

50 3,110







Papaya 236 pc 7 1,652



Banana 1334 pc 5 6,670




71 No. 100 7,100


106 No. 100 10,600


71 No. 200 14,200


147 No. 100 14,700

Transitional allowance for 4 months for each

roadside business

147 No. 100 14,700


240 No. 100 24,000


Appendix C C-6


($)

Amount

($)








4% 66,929




• Based on the overall criteria in selecting who are considered as part of the vulnerable AHs, 240 are considered as vulnerable – seven are old men and two are chronically ill. Among the 240 vulnerable AHs, 188 are declared to be vulnerable due to their income level being below the living standard in Timor Leste. Of all AHs, 71 will lose 100% of their housing structure, and the rest will lose business income from kiosks during construction. The old woman AP will also lose income from kiosks for the period during construction of a particular section of the road.

7. GRIEVANCE REDRESS

7.1. Government Policy for Grievance Redress

The constitution of Timor-Leste and the Expropriations Act give the right for its

citizens to be compensated if their property is used for public purpose. According to

Section 54 of the constitution, requisitioning and expropriation of property for public

purposes shall only take place following fair compensation in accordance with the law.

As stated earlier, the first land law of Timor-Leste was promulgated in March 2003

and was designed to serve as an umbrella law for the rest of the land and property

regime. However, there are uncertainties over the boundaries of state land and

overlapping claims of state and customary land ownership. Further, the law currently

does not include any implementing regulation.

The Expropriation Law has received a parliament’s approval. The Government is now

able to acquire land for road improvement under “eminent domain” or involuntarily.

Another problem with expropriation is that a substantive amount of land in Timor-

Leste is not registered. Also, the absence of an active land market in rural areas poses

a challenge to determine the market or replacement value of the affected land. As a

result, the Government policy for grievance redress will not probably be adequate.

Hence, the project is proposing a grievance redress mechanism to address grievance of

the APs.

7.2. Proposed Measures to Address Grievance


Appendix C C-7

It is important to deal effectively with AP concerns pertaining to resettlement impacts

such as compensation, rehabilitation, and delays in payment. To ensure this, a simple

and accessible, transparent and effective grievance redress system will be established.

The suco (village) chiefs, other elders, church leaders and other recognized civil

society leaders will play their roles in the grievance redress process. On land matters,

the MOJ with the assistance of DLPCS, will resolve any conflicts, according to the

provisions of the Expropriations Act. ITA NIA RAI’s experience with conflict

resolution and dispute mediation in property rights will be drawn upon as necessary to

strengthen PMU’s capacity in addressing land related issues.

The Project Manager of the sub-project will be the focal point for receiving and

resolving any grievances of APs.

APs will not be liable for any costs associated with resorting to the grievance redress


The AP always has final recourse through Timor-Leste’s legal channels. However,

every effort will be made to avoid this. Should the APs want to pursue legal recourse,

PMU/MPW with assistance from PISC consultants will ensure that support is given to

the AP to prepare a case. The grievance address procedure is shown in Table 4.

Through public consultations and distribution of the public information booklet, APs

will be informed that they have a right to file complaints to the Grievance Redress

Committee (GRC) on any aspect of land obtaining compensation, or on any other

related grievance. It should be pointed out that this committee does not possess any

legal mandate or authority to resolve land issues but rather acts as an advisory body or


MOJ/MOI/PMU. The GRCs will review grievances involving all resettlement benefits,

relocation, and other assistances. Any complaints of ownership or other suits, to be

resolved by the judicial system, will not be resolved in GRCs.


units (districts, sub-districts, sucos and Aldeia) as well as to facilitate easy accessibility

of the APs. The GRC would be the tool to ensure proper presentation of grievances,

impartial hearings, and transparent decisions. Established through a gazette

notification of the Ministry of Public Works (MPW), GRCs will work for any

grievances involving resettlement benefits and issues. The GRC will include at least

one female member to participate in the hearings if the aggrieved person is a female.

The GRC is proposed to be composed of :


� Representatives of the local administration (district/sub district administration and

chiefs of suco and aldeia)





Appendix C C-8

Table 4: Grievance Redress Procedure

Step Process Duration 1 AP submits grievances to the sub-project manager in

person.

2 The sub-project manager will try to address the issue. 7 days


3 Sub-project manager will take grievance to PMU/ community liaison officer.

Within 2 weeks of receipt of decision in Step 2

4 Issue will be discussed at project liaison meeting. 1 week

5 PMU/community liaison officer reports back to village/AP

5 days

If unresolved 6 AP take grievance to the MPW Secretary of State. Within 2 weeks of receipt

of decision in Step 5

7 Secretary of State refers matter to an internal committee.

2 weeks

8 Secretary of State reports back to AP. 5 days

If unresolved or at any stage, if AP is not satisfied

AP can take the matter to appropriate court. As prejudicial system

7.3. Compensation Determination Procedure

Land for the project will be acquired by direct negotiation and purchased from the land

owners, as provided under the Expropriations Act. Payment for physical assets, i.e.,

houses, buildings and other structures, and non-physical assets such as lost income

from productive assets or jobs, will be negotiated with APs with the assistance from

the Directorate of Land, Property and Cadastral Survey (DLPCS). The negotiated

purchase will offer adequate and fair price at replacement cost for land and/or other

assets. To ensure that any negotiations with APs address the risks of asymmetry of

information and bargaining power of the parties involved, an independent external

party such as NGOs will be engaged to document the negotiation and settlement

processes. Processes applicable to such transactions are described in the following

paragraphs. Compulsory acquisition procedures will be initiated by MOJ, only if

negotiated purchase fails.

APs will be well informed of their rights and entitlements regarding compensation, so

that they can make an informed decision. Once the sub-project and potential impacts

have been identified, and consultations take place, APs will be informed of their

options. Consultations with APs will provide details of land required to construct or

facilitate the works as well as some basic socio-economic information about the APs.

The PMU will obtain the views of the APs as to whether they support the sub-project

in general, the proposed works specifically and whether they are willing to discuss the

sale of land to the project through negotiation. In the event that the owner is not

willing to discuss the provision of land for use by the project, MPW has two options:

(i) invoke involuntary/compulsory land acquisition procedures following an

expropriation mechanism and in compliance with the donors’ policy and RF; or (ii)

not proceeding with particular works in respect to that piece of land.


Appendix C C-9

Where the APs are willing to discuss voluntarily providing/selling land for the project,

the PMU will discuss and document the basis on which the land transfer will proceed

including the agreed consideration or compensation. The PMU will ensure that

voluntary land settlement is in fact voluntary, and that people do not feel coerced or



claim.

Negotiated land settlements will be carefully documented. MPW will seek to obtain an

agreed upon legal document between MPW, DLPCS, and the land owners negotiating

on selling land. The legal documents will establish the obligations of each party

entering into the agreement. If the obligations have been agreed upon, the legal

documents will be signed by the parties being the land owner(s), representative(s) of

MOI, and representative(s) of DLPCS.

As per provision of the RF for the project, PMU shall include an international

safeguards specialist who will verify the process, and documents the

consultations and agreements reached on behalf of the PMU. It is of utmost

importance to verify that APs are fully informed of the compensation payments that

they are entitled to. A third party, such as a non-government organization (NGO) or

civil society organization (such as a church), will provide independent validation and

that: (i) the consultations have been undertaken, meaningfully, freely, and in good

faith; and (ii) land owners have willingly given/sold the land for the project works.

The established grievance redress mechanism, linked with existing traditional formal


disputes and complaints from APs.

The MOJ and DLPCS will set up a committee under the Directorate and coordinate

with the PMU, with assistance of a professional valuation expert provided under the

project. This will establish a basis for valuation of the affected land and properties and

other assets according to the Expropriations Act.

8. Contact Details for Inquiry

For further information about the project as a whole, and/or the RP for the Dili-

Manatuto Road under the Road Network Upgrading Project, please contact the

PMU/MPW at the address given below.

Project and Financial Manager


Road Network Upgrading Project

Ministryof Public Works

Dili, Timor-Leste

Phone:(+670) - 3311024/3311025


APPENDIX D

PUBLIC CONSULTATION MEETING


Appendix D D-1


Appendix E E-1

APPENDIX E

LIST OF AFFECTED HOUSEHOLD

DILI - MANATUTO ROAD

ROAD NETWORK UPGRADING PROJECT


Appendix E E-2

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE

MINISTÉRIO DAS OBRAS PÚBLICAS, TRANSPORTES E COMUNICAÇÕES



for


Updated Resettlement Action Plan

PackageA01-02

MANATUTO-BAUCAO SECTION

June 2016




Table of Contents

List of Abbreviation��..��.�. ii

Glossary of Terms��.�.��.iii

Executive Summary��... iv

CHAPTER 1: INTRODUCTION..................................................................................1

1.1. Background.................................................................................................1

1.2. Project Description�...................................................................................2

1.3. Objectives of RAP.......................................................................................2

1.4. RAP-Related Conditions...............................................................................3

CHAPTER 2: SCOPE OF LAND RESETTLEMENT.....................................................4

2.1. Scope and Rationale for Land Acquisition/Resettlement..................................4

2.2. Measures to Minimize Land Acquisition Impact ...............................................4

2.3. Summary of Impacts ....................................................................................4

CHAPTER 3: IMPACT ASSESSMENT ��.................................................... 7

3.1. Impact on People....................................................................................... 8

3.2 Impact on Land........................................................................................... 8

3.3 Impact on Trees .......................................................................................... 9

3.4 Impact on Structures.................................................................................. 10

3.5 Impact on Income ....................................................................................... 11

Appendix A : Master list of AHs

Appendix B : Minutes of Meeting (PCM)

Appendix C : Unit Price Reference

List of Abbreviations















MPWTC : Ministry of Public Works, Transport and Communication


PMU : Project Management Unit (in MPWTC)


RNUSP : Road Network Upgrading Sector Project

ROW : Right of Way


SPS : Safeguards Policy Statement 2009


Notes

i. The fiscal year (FY) of the Government of Timor-Leste and its agencies ends on 31 December 2016. The FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY 2015 ends on 31 December 2016.


Glossary

Affected Household : All members of a household residing under one roof and operating as a single

economic unit, who are adversely affected by the project or any of its components; It may consist of a single nuclear family or an extended family group.

Affected Person : Individuals that are affected by the project through land acquisition, relocation, or loss of income; includes any person, firms, public or private institutions. The

APs, therefore, include (i) persons whose agricultural land or other productive

assets such as trees or crops are affected, (ii) persons whose businesses are affected and who might experience loss of income due to the project’s impact,

(iii) persons whose residential land is affected; (iv) persons whose structures

are affected; (v) persons who lose work/employment as a result of the

project’s impact, and (vi) people or organizations who lose access to community resources/property as a result of the project.

Assistance : Support, rehabilitation, and restoration measures extended in cash and/or kind

over and above the compensation for lost assets

Compensation : Payment in cash at the current market value or in kind for an asset or a

resource that is obtained or affected by a project, in which, the affected people are entitled to in order to replace their lost property or income

Cut-off date : The date after which people will not be considered eligible for compensation,

i.e., they are not included in the list of APs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey.

Detailed Measurement

Survey

: The detailed inventory of losses and census that is completed after the

detailed design and marking of project boundaries on the ground

Encroachers : People who move into the project area after the cut-off date are therefore

ineligible for compensation or other rehabilitation measures provided by the

project. The term also refers to those extending attached private land into

public land.

Entitlement : The range of measures comprising cash or kind compensation, relocation

cost, income restoration assistance, transfer assistance, income substitution,

and relocation, depending on the type and degree/nature of the losses of the APs in order to restore their social and economic base

Inventory of Losses : The preliminary inventory of assets as a preliminary record of affected or lost assets and people/households affected. The inventory is completed pre-detailed design.


Non-titled (or informal

settlers)

: People who have no recognizable rights or claims to the land that they are

occupying. It includes people using private or state land without permission, permit or grant, i.e., people without legal title to land and/or structures

occupied or used by them. ADB’s policy explicitly states that such people

cannot be denied compensation.

Rehabilitation : Compensatory measures provided under the policy framework on involuntary resettlement other than the payment for the replacement cost of

obtained assets

Relocation : Displacement or physical movement of the APs from the affected area to a new area/site and the rebuilding of homes, infrastructure, provision of assets,

including productive land/employment, and the re-establishment of income, livelihood, and living, and social systems.

Replacement Cost : Replacement cost is the amount needed to replace an asset and is the value

determined as compensation for the following:

Agricultural land at the pre-project or pre-displacement level, whichever is higher and is the market value of land of equal productive potential or

use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any

registration and transfer taxes;

Land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities

and services located in the vicinity of the affected land, plus the cost of any

registration and transfer taxes;

Houses and other related structures based on the current market price of materials, transportation of materials to construction sites, cost of labor

and contractor’s fee, and any cost of registration and transfer taxes. In determining the replacement cost, depreciation of assets and value of

salvaged building materials are not taken into account. No deductions are

made for the value of benefits to be derived from the project;

Crops, trees, and other perennials based on current the market value; and other assets (i.e., income, cultural or aesthetic) based on the

replacement cost or cost of mitigating measures.

Replacement Land : The land affected by the project that is compensated through provision of alternative land of the same size rather than cash. Productive capacity as land

lost which is acceptable to the AP

Resettlement : All impacts associated with the loss of physical and non- physical assets,

including homes, communities, productive land, income-earning assets and

sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms.

Significant Impact : If 200 or more people experience major impacts, which are defined as: (i)

being physically displaced from housing, or (ii) losing 10% or more of their

productive assets (income generating assets)

Squatters : Same definition as non-titled; include households, businesses and common

establishments on land owned by the State.

Structures : All buildings including the primary and secondary structures such as houses and ancillary buildings, commercial enterprises, living quarters,

community facilities and infrastructures, shops, businesses, fences, and walls

Vulnerable : Individuals who might suffer disproportionately or face the risk of being

marginalized from the effects of resettlement including: (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor

households that fall on or below the poverty line (within the meaning given

previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; and (vii) households of

indigenous population or ethnic minority.

Executive Summary

1. Background. Timor-Leste has begun rebuilding its national infrastructures after years of suffering from conflict and underdevelopment. Physical infrastructure development including road network is now recognized by the country as a top priority to accelerate its new economic opportunities and is also a mean to reduce poverty in the country. Given the emphasis on nationwide development of road infrastructure, the Government of Timor-Leste (the government) plans to upgrade 106,442 km of national roads under the Road Network Upgrading Sector Project (RNUSP). The 106,442 Km of road will be divided into two sections as follows; Hera (Dili) to Manatuto 48,740 Km financed by JICA and Manatuto to Baucau 57,702 Km financed by the Asian Development Bank (ADB). This 106,442 km National Road under the RNUSP will cover three districts—Dili, Manatuto and Baucau—in the eastern part of the country.

2. This resettlement plan (RP) is for the RNUSP and covers the Manatuto – Baucau section with a length of about 57,702 km. It is a road strategically placed to link the districts of Manatuto and Baucau, which may further help to improve the area’s business transactions and tourism activity in the future.

3. Description of the project. The proposed improvement works include the widening of the existing road to achieve a width of 10-12 m, with a 6 m wide carriageway and 1-2 m wide shoulder on each side as shown in Figure E-1.

Figure E-1: Typical Road Cross-section

4. The improvement works shall also include drainage construction/rehabilitation. The strategy for the project is to minimize land requirements by confining the construction works within the existing road corridor to the extent possible. The strategy also includes some compromise on reducing the embankment width even to 2 m at certain sections of the tortuous stretch. However, it will inevitably be necessary to acquire land and other assets for the widening and rising of the road embankment which will cause involuntary resettlement impacts.

5. Institutional arrangements. The Ministry of Finance (MOF) is the project executing agency (EA) and the Ministry of Public Works, Transport and Communication (MPWTC) is the project implementing agency (IA). Project implementation works will be managed by the MPWTC through its existing Project Management Unit (PMU)

supported by the design consultants (DC) in the first stage and the supervision consultants (SC) in the second stage. Both the DC and SC will include international and national resettlement specialists to work with the PMU. The PMU includes a safeguards unit comprising international and national resettlement and environmental specialists. The Ministry of Justice (MOJ) and the Directorate of Land, Property and Cadastral Survey (DLPCS) are also involved during the implementation of the RP. The MOJ and DLPCS will work with the PMU to conduct cadastral surveys for the lands to be acquired and prepare valuation tables. PMU will ensure such values conform to requirements of the RF i.e. compensation at replacement cost at current market value. If, however, the statutory compensation falls short, then PMU will provide additional funding to “top up” the compensation as required.

6. Resettlement plan. The resettlement principles and procedures outlined in this RP follow the Resettlement Framework (RF) adopted by the government and JICA, and approved by ADB, for the RNUSP. The RF also establishes the eligibility of different types of affected persons (APs) and what they are entitled to by way of compensation and other assistance.

7. Impacts and losses. A combined census (inventory of losses) and socioeconomic survey was undertaken. The survey shows that the project will affect a total of 500 households (AHs). Overall the scale of resettlement impacts is not significant. About 14 AHs holding residential structures with 97 APs and 4 households with permanent kiosks will experience major impacts.

8. The losses are about 226 structures, composed of 14 residential structures (one of which has attached business kiosk), 4 ancillary structures, 3 fences, and 208 business structures (kiosks and road-side stalls). The project will also affect about 3,221 trees of different kinds and rice paddies plot with an area of about 27,087,5 m2, approximately 9,751,5 kg per harvest. The rice harvest is twice a year for that reason the approximately about 19,503 Kg of rice production will be loss. A summary of impact is presented in Table E-1.

Table E-1: Summary of Impacts

Impact Category

Description of Affected Assets

Based on 2013 RAP

2016 Updated

RAP (Validation

Report)

Affected Households (AHs) Affected Persons

(APs)






Temporary:

42 units

4 AHs (40 APs)

42 AHs (325 APs)

c. Stalls

- 162 units 162 AHs (1254 APs)

d. Fences/Ancillary

4 units 7 units 7 AHs ( 35 APs)

Total affected structures

105 units 226units

2. Affected land

a. Residential land*

0 0


143,777 m2

0 m2

3. Affected trees

a. Timber trees

39 666

192 AHs (960 APs) b. Timber & fruit trees

73 1,534

c. Fruit trees

127 1,021

Total no. of affected trees

239 3221

4. Crops Total estimated annual yield loss for rice paddy from 27,087.5 m2 affected plots within government-reserved area

-

19,503 kg.

79 AHs (509 APs)


a. Water pipelines

75 pcs 75 pcs


105 pcs 105 pcs

c. Concrete electricity pole

150 pcs 150 pcs

d. Total affected utilities

320 pcs 320 pcs

Impact Category


Based on 2013 RAP

2016 Updated

RAP (Validation

Report)


(APs)






4 AHs (40 APs)

9. The affected Public utilities were identified and will be relocated before the civil works. These public utilities are the water pipes, electricity poles and transformers, and a water tank reservoir.

10. The project followed an approach of setting a negotiated price based on the principle of replacement cost at current market rates for determining the compensation for any affected asset. Only if a negotiated settlement for land fails will the government initiate compulsory acquisition of land.

11. Cut-off date. The cut-off date for the project is the date after which people will not be considered eligible for compensation, i.e., they will not be included in the list of APs as defined by the census. The cut-off date for this project has been set as on 30 July 2016. The PMU/MPWTC was informed about the cut-off date for information distribution to the local communities. Encroachers or people who move into the area after the cut-off date will not be entitled to any compensation.

Temporary: 42 units

42 AHs (325 APs)

c. Stalls

- 162 units 162 AHs (1254 APs)

d. Fences/Ancillary



105 units 226units

2. Affected land


0 0


143,777 m2

0 m2

3. Affected trees

a. Timber trees

39 666


73 1,534

c. Fruit trees

127 1,021


239 3221


-

19,503 kg.

79 AHs (509 APs)


a. Water pipelines

75 pcs 75 pcs


105 pcs 105 pcs


150 pcs 150 pcs


320 pcs 320 pcs

12. Eligibility and entitlements. The following categories of APs will be entitled to receive compensation for their losses: (i) legal APs - those with titles to land or other legally recognized claim; (ii) legalizable APs - those with no title to land but a long-standing or recognized claim to the land they are occupying or using; (iii) non-titled APs - those who have no legal rights or claims to the land they are occupying or using, these APs are not eligible for compensation for the land but are eligible for compensation for their assets on the land and other assistance; and (iv) owners of assets – those APs losing structures, trees or crops, irrespective of the status of ownership of the land.

13. In addition to compensation at market value for affected assets (land, structures, crops and trees), APs will be eligible for allowances and other special assistance to ensure they can restore their livelihoods and achieve at least, if not improve, their pre-project living standards. Vulnerable AHs are also entitled to additional assistance. The entitlement matrix is presented in Table E-2.

14. Consultation and disclosure. In addition to individual consultations during the census, meetings were held in seven sucos (villages) affected. The meetings were attended by 245 participants.

15. The first RP was already disclosed to the affected persons. The updated RP will also be disclosed along with the entitlement matrix and will be translated into local language (Tetum/Portuguese or Bahasa). The summary will be presented in the form of a public information booklet/brochure to enable the APs and local communities to be aware of the project’s benefits/compensations that are available for the APs. MPWTC field staff/consultant will distribute brochures through suco meetings and will explain the mechanisms and procedures and overall process of the compensation program. The RP will be made available as an official public document in the MPWTC field offices, DLPCS office, offices of district and sub-district administrators. The RP will also be disclosed on MPWTC websites.

16. Grievance redresses mechanism. It is important to deal effectively with APs’ concerns relating to the project generally or pertaining to resettlement impacts specifically i.e. affected assets, compensation, rehabilitation, and delays in payment. To ensure this, a simple, accessible, transparent, and effective a grievance redress system will be established following the procedures set out in the RF and based upon the PMU’s experience in other projects.

17. Implementation. The PMU under the MPWTC will have overall responsibility for implementing the project. The PMU has established an Environmental and Social Unit (ESU). The ESU is staffed by international and national social and environmental safeguards specialists. The PMU will also be strengthened by the PISC which will include international and national resettlement specialists in its team. The PMU will assist the MOJ/DLPCS in the valuation of property in order to keep appropriate compensation in place. The international safeguard specialist at PMU will assist in the management of all resettlement activities including the process of reaching adequate compensation. If the situation demands, PMU will engage an experienced NGO, active in the project area, to assist in dealing with the process of consultation, negotiating compensation, and resolving disputes.

18. Budget. All costs associated with the resettlement payments will be provided by the government. The budget for this validated RP is estimated cost of around $ 785,721.36, out of which, $ 78,572.14 will be the cost of incidental expenses and assistance, training, administrative expenses, monitoring and contingency.

National Road No. 1 Upgrading Project Resettlement Action Plan (RAP)

The Government of Democratic Republic of Timor-Leste for Package A01-02

1

Table E-2: Project Entitlement Matrix


1. Permanent loss of homestead and commercial land Title Holders/Claimants

• Compensation for the loss of residential land at negotiated price, ensuring replacement cost;

• Compensation for the residential structure (part or full) at replacement rates without depreciation;

• Transitional allowance for a maximum of 9 months, at $100 per month, if the residual land is not viable (land acquired is 75% or more of the total land holding of the title holder); Or, for 3 months if the residual land is viable;

• If the household is vulnerable, transitional allowance will be for 12 months;

• All fees, taxes and other charges as applicable under relevant laws incurred in the relocation and resource establishment are to be borne by the project;

• Landless/vulnerable Aps will be assisted to find an alternative land/plot.


2. Permanent loss of residential/commercial structures of owners/claimants

Owners of structure • Compensation for house/structure(s) at

negotiated price ensuring replacement value; • Transitional assistance to cover a maximum of 9

months rental accommodation; if the household is vulnerable, transitional allowance will be for 12 months;

• One-time lump sum shifting allowance of $200 for temporary, semi-permanent, and permanent structures;

• Right to salvage materials from the demolished structure;

• Vulnerable Aps will be provided on a one-time rehabilitation grant in the form of productive




NK-PKII-IKI xi

assets.

3. Annual/Seasonal Crops Household

• Compensation at market value of crops for three years, plus one assistance grant of $100 for purchase of seeds for the next season.


4. Tree Claimant of the affected tree

• Compensation oat replacement cost of affected tree estimated during IOL and finalized with DLPCS


PMU with assistance from relevant government ministries and valuation specialist.

5. Income from business Kiosks

• One time lumpsum transfer grant of $100 per kiosk;

• Transitional allowance of $100 for 4 months per household

PMU in coordination with DLPCS and with assistance from local authorities and community leaders.

6. Impact on vulnerable Aps Vulnerable and women-headed household identified by IOL

• In addition to the above standard package, vulnerable AP households will receive the following:

• Additional special assistance of 4100 for an extra two months for vulnerable household

PMU with assistance of local authorities and community leaders


• Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework


Source: Government of Timor-Leste – RNUSP Resettlement Framework (2013



1


1.1 Background

1. Timor-Leste has begun rebuilding its national infrastructures after years of suffering from conflict and underdevelopment. Physical infrastructure development including road network is now recognized by the country as a top priority to accelerate its economic development and is also a mean to reduce poverty in the country. Given the emphasis on nationwide development of road infrastructure, the Government of Timor-Leste (the government) plans to upgrade 106,442 km of the national road network under the Road Network Upgrading Sector Project (RNUSP), 106,442 km of national roads under the Road Network Upgrading Sector Project (RNUSP). The 106,442 Km of road will be divided into two sections as follows; Hera (Dili) to Manatuto 48,740 Km financed by JICA and Manatuto to Baucau 57,702 Km financed by the Asian Development Bank (ADB) The RNUSP will cover three districts; Dili, Manatuto and Baucau in the eastern part of the country.

2. This resettlement plan (RP) is for the Manatuto - Baucau section, a length of about 57,702 km. It is a road strategically placed to link the districts of Manatuto and Baucau, which may further help to improve the area’s business transactions and tourism activity in the future.

3. The strategy for the project is to minimize land requirements by confining the project’s construction works within the existing road corridor to the extent possible. However, it will inevitably be necessary to acquire some land and other assets for the widening and raising of road embankments which will cause involuntary resettlement impacts. The physical implementation of improvement works includes the widening of the existing road to achieve a width of 8-10 m, 6 m wide carriageway, and 1-2 m wide shoulder on each side.

4. The objectives of the project’s RP, are as follows: (i) avoid resettlement impacts wherever possible; (ii) minimize impacts by exploring alternatives; (iii) enhance or at least restore the living standards of affected persons (APs); and (iv) improve the living standards of the poor and vulnerable APs.

5. The Ministry of Finance (MOF) is the project executing agency and the Ministry of Public Works, Transport and Communication (MPWTC) is the implementing agency. The MPWTC’s project management unit (PMU) will provide day-to-day coordination and supervision of the implementation.

6. The Ministry of Justice (MOJ) and the Directorate of Land, Property and Cadastral Survey (DLPCS) are also involved during the implementation of the RP. The MOJ and DLPCS, work with the PMU to conduct cadastral surveys for the lands to be acquired and prepare the valuation tables. PMU has the responsibility to ensure such values conform to requirements of the RP i.e. compensation at replacement cost at current market value. If, however, the statutory compensation falls short, then PMU will provide additional funding to “top up” the compensation as required.



1


7. The Manatuto - Baucau road section, with a length of about 57,702 Km, is a continuous section of the major national route between Manatuto, Baucau and Lospalos section. The road lies within the geographic coverage of four sub-districts, Manatuto Vila, Laleia, Vemase and Baucau Vila. Project Location Map is presented in Figure 1-1.

8. Physical implementation of improvement works includes widening of the existing road to achieve a width of 8 to 10 meters on the flat sections and a width of 10 to 12 meters on the rid get or hillside section, consisting 6 meters wide of carriageway and 1 to 2 meters wide shoulder on each side. The improvement works will also include construction of drainage, cross pipe/box culvert and stone masonry retaining wall. The strategy for the project is to minimize land requirements by confining the construction works within the existing road corridor to the extent possible. The strategy also includes some compromise on reducing the embankment width even to 2 m at certain sections of the road stretch. However, it will inevitably be necessary to acquire some land and other assets for the widening and raising of the road embankment which will cause involuntary resettlement impact.


1.3 Objectives of Resettlement Plan

9. The project RP sets out the procedures by which the implementing agency (IA) can obtain the required land and property and address the potential resettlement impacts to be incurred by the project. The RP is in line with the applicable policy and legal framework of the government and JICA. In this process, the primary objectives of the RP are as follows: (i) identify the project impact on the community in terms of loss of land and other assets, as well as impact on livelihood and



2

income; (ii) outline measures to mitigate its adverse impacts; (iii) provide an estimate for budgetary allocation for compensation of loss of assets and resettlement benefits; and (iv) provide procedure for internal and external monitoring of resettlement implementation.

10. The impacts are documented in the RP, corresponding to the available engineering design of the road alignment as of September 2013. It includes inventory of all the APs who experienced the actual magnitude of impact on their land and other properties, together with compensation for their losses.



3

CHAPTER 2 SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1 Measures to Minimize Land Acquisition

11. Initially, the proposed widening of the road would have resulted in major adverse impacts on land, structures, trees, and other assets. Efforts to avoid and minimize resettlement impacts included:

• Minor adjustments to the alignment wherever possible being made within government-owned land;

• Working from the principle of remaining on, or as close to, the existing alignment as far as possible in order to avoid land acquisition;

• Wherever possible realigning embankments or adopting retaining walls as an alternative to avoid impacts on structures in built-up areas; and

• Paying particular attention in the vicinity of sensitive cultural features or mature trees in order to avoid impacts upon them.

2.2 Scope of Land Acquisition and Resettlement

12. The proposed works on the Manatuto-Baucau road section will follow the existing alignment to the greatest extent possible to minimize resettlement impacts. The road upgrading works will consist of clearing and grubbing, earthworks, road widening and/or shape correction at areas where it is considered absolutely necessary, retaining structures, drainages, bridges and/or culverts, and sealing.

13. The road will be upgraded to all weather, asphalt-surfaced standard that will enable it to carry loaded container trucks as a minimum. Upgrading of the road will affect structures, small roadside businesses, trees (both fruit and timber), and cash crop plants like rice paddy. A total of 500 households will be affected by the project. In order to understand the adverse social and resettlement impacts of the project, a 100% census combined with socio-economic survey was carried out in February 2015 and re-validating survey in April 2016 in order to finalized the actual inventory of losses (IOL).

2.3 Summary of Impacts and Losses

14. By adopting the approach described in sub-section 2.1 above, by the survey shows that the project will affect a total of 500 households (AHs). Overall the scale of resettlement impacts is not significant. About 14 AHs holding residential structures (including one with attached kiosk) with 97 APs and 4 households with 40 APs with permanent kiosks will experience major impacts.

15. The losses are about 226 structures, composed of 14 residential structures, 4 ancillary structures, 3 fences, and 208 business structures (kiosks and road-side stalls). The project will also affect about 3,221 trees of different kinds and rice paddies plot with an area of about 27,087,5 m2, approximately 9,751,5 kg per harvest. The rice harvest is twice a year for that reason the approximately about 19,503 Kg of rice production will be loss. A summary of impact is presented in Table



4

2-1.lost.Table 2-1a Summary the impacts and losses.

Table 2-1a Summary of Impacts and Losses on Ahs

16. Public utilities will also be affected by this project namely, 75 pcs of water pipelines, 105 pcs of Steel Electricity Pole (SEP) and 150 pcs concrete electric

Impact Category


Based on 2013 RAP

2016 Updated

RAP (Validation

Report)


(APs)






Temporary:

42 units

4 AHs (40 APs)

42 AHs (325 APs)

c. Stalls

- 162 units 162 AHs (1254 APs)

d. Fences/Ancillary



105 units 229 units

2. Affected land


0 0


143,777 m2

0 m2

3. Affected trees

a. Timber trees

39 666


73 1,534

c. Fruit trees

127 1,021


239 3221


-

19,503 kg.

79 AHs (509 APs)


a. Water pipelines

75 pcs 75 pcs


105 pcs 105 pcs


150 pcs 150 pcs


320 pcs 320 pcs



5

poles. The cost of replacement or relocation of these affected public utilities and sacred objects is included in the bill of quantities will be included in the

provisional sum of the project cost. Table 2-1b summarizes the impact and losses.

Table 2-2b Summary of Impacts on Other Property





Source: RNUSP – Mantuto – Baucau Re-validating survey (July 2016)



6

CHAPTER 3 IMPACT ASSESSMENT


The impacts by location and number of AHs and APs affected are shown in Table 3-2.

Table 3-1: Number of AHs and APs by Type of Impact

Type of Impact Affected Households (AHs) Affected Persons (APs)

Manatuto Vila

Laleia Vemase Baucau Vila

Total Manatuto Vila Laleia Vemase Baucau Vila

Total

Residential

land - - - - - - - - -

Residential

structure 1 1 6 6 14 9 8 61 19 97

Business

structure -

kiosk

- 5 28 13 46 - 46 209 110 365

Business

structure -

roadside stall

- - 49 113 162 - - 446 799 1245

Ancillary

structure - - 6 1 7 - - 18 17 35

Residential

land and

structure

- - - - - - - - - -

Agricultural

land and

structure

- - - - - - - - - -

Agricultural

land and

crops

- - - - - - - - - -


3.2 Impact on Land

17. Since the proposed road is just following the existing, there will be no affected land. The understanding between the community and the government (Directorate for Land and Property) in this area is that the reserved land besides the existing road for road development is 5 meters from the edge of the existing pavement.

18. Impacts on structures. Based on the validation survey, there are 229 structures to be affected by the project. There will be 14 AHs with houses(with one house with attached kiosk) , 46 AHs with kiosks and 162 AHs with small roadside stalls affected. And there are seven ancillary structures affected. As shown below there are 8 AHs with structures made from permanent materials, 19 AHs with structures made from semi-permanent materials and 203 AHs with structures made from temporary materials affected by the project (Tables 3-3).



7

Table 3-3: Impacts on Structures by Construction Materials and No. of AHs

Type of structure No. of AHs by construction materials of affected structures

Permanent Semi-

permanent Temporary Total

Residential 1 6 7 14

Business - kiosk 4 10 32 46

Business - roadside stall (moveable) 162 162

Residential-business combined 1

Ancillary 3 2 2 7

TOTAL 8 19 203 229


19. There are 1 AHs with businesses/kiosks made from permanent materials and who will lose at least 50% of the structure and one AHs with houses of semi-permanent materials and who will lose 100% of their dwelling. These are significant impacts as the structures will need to be completely re-built. Each of the AHs has sufficient land remaining to re-build further back. There are four AHs that lose 100% of their structures. In addition are the 162 roadside stalls which are small as 1 square meter (1 m2) structures made from temporary materials and often with open sides (i.e. posts and a roof). The structures made from temporary materials are much easier to reconstruct and can be rebuilt in 2-3 days at most in the same area.

20. A total of 3,221 trees belonging to 192 AHs will be affected by the project. Of these, 665 are classified as timber trees, 1021 as fruit trees and 1534 as fruit-timber trees

Table 3-4: Impact on Trees

Location AILILI SAU LALEIA VEMASE BUCOLI TRILOKA BAHU

Tota

l No

Of

AHs

Total

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

No

of

AH

s

No

of

Tree

s

FRUITS & TIMBERS

Nu'u 3 13 3 4 6 13 15 65 55 429 3 6 7 11 92 541

Has 3 4 1 1 3 3 48 167 4 5 10 35 69 215

Ai-farina 1 10 2 45 2 18 9 175 11 320 7 95 32 663

Bua 1 1 13 101 14 102

Ailele 1 1 4 6 2 6 7 13

FRUITS

Kamii 13 70 2 5 10 26 25 101

Hudi (klobor) 1 1 5 10 3 7 40 55 9 24 2 3 60 100

Goiabas 2 2 1 1 3 3 8 15 20 41 4 6 7 14 45 82

Jambu 2 4 1 1 21 35 1 1 25 41

Jambu 1 1 5 6 2 2 8 9

Rumao 2 3 2 3

Aiyata 2 2 1 2 5 33 18 35 27 62 1 1 2 8 56 143

Samarle 2 5 2 2 11 18 15 25

Avocado 3 4 3 4

Kulu 1 1 1 1 2 2 27 70 1 1 2 2 34 77

Derok 2 3 4 28 5 22 11 18 2 2 24 73



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Aidila 4 12 24 135 28 147

Kulu 0 0

Aidila 1 1 1 6 1 10 7 73 4 17 14 107

Belimbi 1 1 3 11 4 12

Rumao 6 18 8 18 1 3 15 39

Malus(klobor) 0 0

Sabraka 1 1 1 1 6 9 1 1 9 12

Ai Kakau 3 7 3 3 6 10

Talas 1 1 13 24 14 25

Fore Sikoti 0 0

Tomate 1 2 1 2

Brinjela (Cant) 0 0

Lakeru Mutin 0 0

Café 2 2 1 4 3 6

Marquzas 1 3 1 3

TIMBERS

Ai Nitas 1 1 6 12 2 2 3 3 12 18

Au (klobor) 14 20 3 4 17 24

Ai teka 2 2 1 1 31 198 9 116 10 44 53 361

Mahoni 4 23 12 60 11 94 13 44 40 221

Ai Nimba 1 1 1 1

Ai-na'a 2 3 2 3

Ai Kadiru 4 26 1 1 5 27

Tali tahan 1 4 1 4

Ai kameli 1 1 1 5 2 6

Ai Turi 1 1 1 1


21. Impacts on crops. The only crop to be affected by project is rice (see Table 3-4). Based on the validation Survey about 79 AHs will lose an area of 27.087.50 m2 of rice paddy. As shown in Table 2-6, estimated losses of annual yield are 19,503 kg for the 79 AHs. The impact of this loss on income is discussed in section 2.4.3.

Table 3-4: Impact on Crops

Sub-district

Rice crop affected

Area affected (m2) Estimated annual yield

lost (kg) No. AHs affected

Manatuto Vila 4,959.50 3,512 15

Laleia 4,977 4,743 7

Vemase 17,151 11.248 57

Baucau Vila - - -

Total 27,087.50 19,503.00 79


3.3 Impact on Income and Livelihoods

Livelihood impacts will be expected for 208 AHs deriving business income from enterprises along the road (kiosk and stalls) and 79 AHs deriving agricultural income.

22. Agricultural income. The survey indicates that 79 households will be affected in terms



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of loss of income from crops (rice paddy) with an estimated 19,503 kg lost annual yield valued. The estimated cost of the affected rice paddies will be around US$ 19,503.00/annum (Table 2-7).1

Table 3-5: Impact on income loss from productive rice paddy

Sub district

Rice Paddy

Affected area (m2)

Estimated annual loss in yield (kg)

No. AH Value ($)

Market price 1$/Kg

Manatuto Vila 4.244 4,248 15 4,248

Laleia 5.732.50 7.015 7 7,015

Vemase 17.111 8.240 47 8.240

Baucau Vila - - - -

Total 27,087.50 19,503 79 19.503


23. As shown in Table 3-6, 79 AHs from all sub-districts will be impacted by loss of agricultural income. The project will affect 5% and below of the total agricultural income of 70 AHs, while about 5% to 8% of the total agricultural income of another 9 AHs will be affected.

Table 3-6: Impacts on AHs from loss of agricultural income

Sub-district

No. of AHs No. of APs

< 5% of

total

agri.

income

affected

5 - 8% of

total

agri.

income

affected

Total

< 5% of

total

agri.

income

affected

5 - 8% of

total

agri.

income

affected

Total

Manatuto Vila 15 - 15 85 - 85

Laleia 3 4 7 18 14 32

Vemase 52 5 57 339 53 366

Baucau Vila - - - - - -

Total 70 9 79 442 67 509


1 The value is calculated based on the 2012 national statistic of rice annual yield (3.6 ton/ha) and price per kg

of $1.00



10

Business income. A total of 205 AH operate business enterprises that will be affected by the project, comprising 1 AHs with residential-business structures, 42 AHs with kiosks and 162 AHs with small road-side stalls which are essentially moveable (Table 3-7). Loss of income from kiosks and stalls, except for those who own permanent kiosks, will not significantly impact the affected households who have other sources of income including farming. The impact from losing permanent kiosks, though temporary, are considered major since affected households derived most of their income from the kiosks.

Table 3-7: Average Monthly Income and Structure Type

Type of business structure No. of

structures

Average monthly income from business ($)

No. of AHs No. of APs

Residential-business (kiosk) 1 $100 1 8

Business kiosk 42 $100 42 325

Business Stall 162 $50 162 1254

Total/average 209 $83,33 205 1587


24. There are 162 AHs with 1245 APs to be affected by a loss of 9% or less of monthly business income mostly in Vemase and Baucau Vila until they can re-establish the business. This will be easier for the road-side vendors whose stalls are very easy to reconstruct—in a matter of 2-3 days. It will take three or four weeks at the longest for AHs re-building permanent or semi-permanent structures. Due to the nature of the project requirements the land and businesses are affected by strip acquisition, in effect this means structures can be re-built in their current location but a few meters back from their current position. No households need to relocate to another area.

25. The impacts on business will be sufficiently mitigated through: (i) compensation for the affected part of structure; (ii) compensation for lost income for three months; (iii) lump sum shifting allowance for AHs losing structure made from permanent or semi-permanent materials; and (iv) a transition allowance (for three months) to support the household while it re-establishes the business. Impacts on loss of agricultural income will be mitigated through: compensation for the lost yield income.

26. Vulnerable households (households headed by an elderly person, single female headed poor households and/or households with people with disabilities) are also entitled to special assistance according to the entitlement matrix.