i

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................... i

LIST OF TABLE .......................................................................................................................... ii

LIST OF FIGURE ....................................................................................................................... iii

LIST OF APPENDIX .................................................................................................................. iv

ABBREVIATION ......................................................................................................................... v

CHAPTER I. INTRODUCTION ............................................................................................... 6

1.1. Background.................................................................................................................. 6

1.2. Overview of the NSD of Bima ...................................................................................... 6

CHAPTER II. SCOPE OF LAND PROVISION ........................................................................10

2.1. Land Compliance ........................................................................................................10

2.2. Land Status and Existing Condition ............................................................................10

2.3. Legal Aspect of Land Provision ...................................................................................11

CHAPTER III. DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE HANDLING

MECHANISM .........................................................................................................................14

3.1. Dissemination .............................................................................................................14

3.2. Consultation ................................................................................................................14

3.3. Grievance redress mechanism ...................................................................................15

CHAPTER IV. THE POLICY OF LAND PROVISION ...............................................................17

4.1. ADB’s Safeguard Policy Statement .............................................................................17

4.2. The GOI Policy ...........................................................................................................17

4.3. The Principles of Land Provision Policy ......................................................................18

CHAPTER V. INSTITUTIONAL ARRANGEMENT ..................................................................20

CHAPTER VI. MONITORING AND EVALUATION ..................................................................21

CHAPTER VII. CONCLUSIONS AND CORRECTIVE ACTIONS ..............................................22

7.1. Conclusions ................................................................................................................22

7.2. Corrective Actions .......................................................................................................22

APPENDIX .........................................................................................................................24

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LIST OF TABLE

Table 1. Comparison on Livelihood Aspect ................................................................................ 9

Table 2. Roles and Responsibility of Institution .........................................................................20

Table 3. Corrective Action for Affected Structure (cage buildings on holding gorund) ...............22

Table 4. Time Schedule of Holding Ground Construction ..........................................................23

iii

LIST OF FIGURE

Figure 1. Delineation Map of NSD Jatiwangi ................................................................................ 7

Figure 2. NSD Orientation Map in Jatiwangi, Bima City ................................................................ 8

Figure 3. Existing site condition of the NSD Jatiwangi ................................................................ 11

Figure 4. Condition of the holding ground and dilapidated cage buildings .................................. 12

Figure 5. Aerial View and Map of the Puskeswan with the planned replacement holding ground 13

Figure 6. Dissemination on NSD Plan ........................................................................................ 14

iv

LIST OF APPENDIX

Appendix 1. Letter of Bima Mayor regarding Request for Land Grant by Local Government of

Bima City ............................................................................................................... 25

Appendix 2. Letter from Head of Bima District regarding Request on Land Asset Transfer ........ 26

Appendix 3. Letter of Bima Mayor regarding Request for Additional Land Grant ........................ 27

Appendix 4. Letter of Head of Bima District regarding Approval on Total Land Acquistion ......... 28

Appendix 5. Letter of Bima Mayor to the Head of Bima District regarding the replacement land for

the Holding Ground and Animal Quarantine .......................................................... 29

Appendix 6. Statement of Land Property Release ...................................................................... 30

Appendix 7. Notes of Dissemination about New Site Development Plan .................................... 33

Appendix 8. List of Attendees of Dissemination about New Site Development Plan ................... 34

v

ABBREVIATION

ADB : Asian Development Bank APBD : Anggaran Pembangunan dan Belanja Daerah (local government budget) Bappeda : Badan Perencanaan Pembangunan Daerah (Development Planning Agency at

provincial level) BKM : Badan Keswadayaan Masyarakat (Community Implementing Organization) BLH : Badan Lingkungan Hidup (Environmental Agency at local level) BPN : Badan Pertanahan Nasional (National Land Authority) CA : Community Advisor CC : City Coordinator CDD : Community Driven Development DGHP : Directorate General of Housing Provision DGHS : Directorate General of Human Settlements DPRD : Dewan Perwakilan Rakyat Daerah (local parliament) GRC : Grievance Redress Committee GRM : Grievance Redress Mechanism LCO : Local Coordinating Office MBR : Masyarakat Berpenghasilan Rendah (Low Income Communities) NGOs : Non Government Organizations LIC : Low Income Development NUSP-2 : Neighborhood Upgrading Shelter Project-2 NMC : National Management Consultant PMU : Project Management Unit PPK : Pejabat Pembuat Komitmen (project manager) RMC : Regional Management Consultant RTRW : Rencana Tata Ruang dan Wilayah (Spatial Plan) SATKER : Satuan Kerja/Project Implementing Unit

6

CHAPTER I. INTRODUCTION

1.1. Background

1. The Government of Indonesia has implemented several programs to achieve zero

slums. One of the programs is the Neighborhood Upgrading Shelter Project (NUSP-2).

The NUSP-2 is a slum upgrading program which undertaken through partnerships

between local governments, local communities and private sector to ensure the

implementation of sustainable, independent and pro poor urban housing and

settlements development.

2. NUSP-2 is funded by Asian Development Bank (ADB) through Loan Agreement 3122-

INO. The implementation of NUSP-2 focuses on three components: (i) Capacity

building for officials and governments to manage pro-poor society development; (ii)

quality improvement for infrastructure in slums; and (iii) new site developments (NSD).

3. The NSD is implemented in 4 cities/regencies i.e. Palopo City, Kendari City, Kapuas

District and Bima City. The implementation of NSD is carried out through collaboration

between Local and Central Governments. The Local Government will facilitate a clear

and clean of minimum two hectares piece of land and the construction of public and

social facilities. Moreover, the Central Government through Directorate General of

Housing Provision (DGHP) will facilitate the construction of housing units, and

Directorate General of Human Settlements (DGHS) through the NUSP-2 program will

facilitate the basic infrastructure.

1.2. Overview of the NSD of Bima

4. In Bima City, the 3.91 Ha land designated for the NSD (NSD Jatiwangi) was originally

owned by the Provincial Government of West Nusa Tenggara. This land asset was

transferred to The Local Government of Bima District. The land formerly was the

Animal Quarantine Center of the Provincial Government of West Nusa Tenggara.

Through collaboration process between the Local Government of Bima District and

Bima City, the NSD site was handed over on June 2017 from Bima District to Bima

City.

5. The local government of Bima City has acquired 3.91 hectares of land for NSD location

in Kelurahan (neighborhood) of Jatiwangi for resettlement of the relocated low income

communities (MBR) from several kelurahans in Bima City. The Kelurahan Jatiwangi for

the NSD is administratively located in the Asakota Sub-district. It covers approximately

17.25 square kilometers area which consists of 9 neighborhood clusters (RW) and 32

neighborhood units (RT) with the total population of 9,873 people and 2,800

households, including 1,085 poor households (NUAP, 2016). Geographically,

Kelurahan Jatiwangi is located at 8026’59,899” - 8026’34,994” South Latitude and

118045’2,18” - 1180 44’23,928” East Longitude (see Figure 1 and Figure 2) with the

administrative boundaries as follows:

7

North : Kelurahan Kolo;

South : Kelurahan Na’E and Santi;

East : Kelurahan Jati Baru and Metakando;

West : Kelurahan Melayu and Sarae

6. Geographically, the location of Jatiwangi NSD is an empty land on a type of savannah

with some shrubs (see Figure 1). There is no community living on or closely around it.

Hence, the potential of social conflict with the host community around Jatiwangi NSD is

minimum.

Figure 1. Delineation Map of NSD Jatiwangi

Existing Animal Quarantine Buildings Allocated Land Border

8

Figure 2. NSD Orientation Map in Jatiwangi, Bima City

7. Based on Mayor’s decree on the Determination of Slum Neighborhoods in Bima City

No. 371 of 2016, there are 17 kelurahans in 4 sub-districts as much as ±147.39 Ha that

are categorized as slums (both legal and illegal/squatter). Since the priority

beneficiaries of NSD are low income community who live in squatter areas, the

selected targeted kelurahan is in 5 kelurahans (Dara, Jatiwangi, Melayu, Paruga,

Tanjung) as kelurahans with the largest squatter area in Bima City. Total households in

those 5 kelurahans are 5,532 HH in which 218 HH to be relocated to NSD area, while

the other 5,314 HH (who are not included as NSD beneficiaries) to be facilitated with

9

development program of 1200 simple detached-houses (type: 36 m2) per year in

Kelurahan Jatiwangi by the Disaster Mitigation Agency (BNPB).

8. Livelihood. Based on a field survey and analysis, average income of beneficiaries

living in slum area is IDR 761,050/household/month, while their average expenses are

IDR 598,000/household/month, covering electricity, water service, transportation and

health costs. The relative high cost of water supply is caused by the electricity expense

for water pumping as a consequence of inadequate water supply network. For health

aspect, due to the bad sanitation system and poor condition in slum area,

approximately the beneficiaries go to the health facilities twice a month. The high

expenses for transportation is due to lack of public transportation going back and forth

to their location. After relocation to the NSD location, this expenses of providing basic

services per household will decrease to IDR 332,000/month, since the NSD will be

completed with adequate infrastructure, as shown in Table 1 below.

Table 1. Comparison on Livelihood Aspect

Slums of Dara, Jatiwangi, Melayu, Paruga, and Tanjung NSD Jatiwangi

Average Expenses

IDR 598,000 per month IDR 332,000 per month

Electricity fee Water services Transportation Health

: IDR 98,000 : IDR 70,000 : IDR 312,000 : IDR 118,000

Electricity fee Water services Transportation Health

: IDR 98,000 : IDR 30,000 : IDR 156.000 : IDR 48,000

Source: Analysis Result by Sub-Monev for NSD (RMC East) 2018

9. Livelihood is the essential aspect that must be considered by Local Government when

beneficiaries moved to NSD site. Besides providing with basic infrastructure and giving

the subsidies on rental rates, Local Government of Bima City also planning other

facilities and supports for NSD beneficiaries during FY 2018 - 2019 , as follows:

a. Additional transport routes to NSD site (Angkutan Desa) in FY 2019.

b. Development of traditional market/kiosk in second semester of FY 2019.

c. Easy access for education in late FY 2018.

d. Development of PAUD/Multipurpose building in FY 2019.

e. Musholla in FY 2019.

10. The expected positive impacts of the Jatiwangi NSD of Bima City will include:

(i) The provision of adequate housing for two hundred and eighteen (218) low-income

households in 5 Kelurahans, namely Jatiwangi, Melayu, Dara, Tanjung, and

Paruga.

(ii) The collaborative implementation among the Local Government of Bima City, the

Directorate General of Human Settlements and the Directorate General of Housing

Provision, the Ministry of Public Works and Housing in provision of housing and

basic infrastructures;

(iii) Establishment of Jatiwangi NSD management board; and

(iv) Reduction of 1.30 hectares slum areas through resettlement approach (NSD) in

Bima City.

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CHAPTER II. SCOPE OF LAND PROVISION

2.1. Land Compliance

11. The 3.91 hectares of land in Jatiwangi designated for NSD location is considered

comply with the project, considering the requirements as follow:

(i) The land covers minimum of two hectares in a single plot of land with a ratio of

60% proportion for housing units and 40% for basic infrastructures;

(ii) The land is owned by the local government and ready to be developed, and

supported by an approval letter of the local parliament (DPRD) and a letter of the

Mayor of Bima guarantying that the land status is clear from any dispute (clear and

clean);

(iii) The appointed land is also in accordance with the Bima Spatial Plan (RTRW) and

the Detailed Spatial Plan of Asakota Sub-district as it is a vacant lot that can be

designated as residential area; and

(iv) The land can be developed with integrated urban infrastructure services, such as

electricity, water, road, drainage, sewerage networks, and connected with the

urban transportation system.

2.2. Land Status and Existing Condition

12. The land designated as Jatiwangi NSD is located in Kelurahan Jatiwangi of Asakota

Sub-district in Bima City, which covers approximately 3.91 hectares of relatively flat

terrain. The selected location is covered with grass and scattered vegetation (Figure

3). The land is connected with a local secondary road accessible by vehicles, and will

be supported by public transportation as well.

13. This land was originally owned by the District Government of Bima. Through

collaboration process between the local government of Bima District and Bima City, the

site location of Jatiwangi NSD was handed over in June 2017 as verified by the letter

from Head of Bima District No. 459/256/03.8/2017 (dated 19 September 2017) stated

approval of land asset grant. Previously, prior to Bima District’s ownership, this land

was owned by the Provincial Government of Nusa Tenggara Barat. The transfer of

ownership from the Provincial Government to the District Government of Bima

happened in 2000.

11

Figure 3. Existing site condition of the NSD Jatiwangi

2.3. Legal Aspect of Land Provision

14. As the designated land had been handed over by the District Government of Bima to

the City Government of Bima in 2017, the land provision did not involve any purchasing

and any relocation. Therefore, a resettlement plan is not required. The legality status of

the land is provided through the following chronology:

(i) The City Government of Bima requested to acquire from the government of Bima

District a 3.7 Ha land for NSD location as shown in the Mayor’s Letter of Bima City

No. 600/217/IV/2017 (dated 10 April 2017) addressed to Head of Bima District

requesting for Land Grant. (Appendix 1).

(ii) The Head of Bima District responded the request by seeking approval to the local

parliament as shown in the letter of Head of Bima District No. 029/191/03.8/2017

(dated 2 June 2017) addressed to Local Parliament requesting for approval to

transfer the land asset to the City Government of Bima. (Appendix 2).

(iii) The local government (Bima City) then requested additional land to make total

3.91 Ha for NSD as shown in the letter No. 031/571/IX/2017 (dated 18 September

2017) Request for additional land acquisition to the Head of Bima District.

(Appendix 3)

(iv) The government of Bima District granted total 3.91 Ha land as verified by the letter

from Head of Bima District No. 459/256/03.8/2017 (dated 19 September 2017)

stated approval of land asset grant. (Appendix 4)

(v) Based on that letter, the land asset for Jatiwangi NSD has been transferred

officially from the government of Bima District to the Bima City. And the land title

certificate for Bima City's ownership is now being processed at the National Land

Agency (BPN, Badan Pertanahan Nasional) to be issued expectedly by early 2019.

12

The existing land title certificate of Jatiwangi NSD still shows previous ownership

by the government of Bima District.

15. Previously, small area of the NSD site was designated as the animal quarantine or

holding ground, consist of 4 (four) block of buildings. These facilities is own by Bima

City after asset handover from Bima District to Bima City in 2017, and administered by

Agricultural Quarantine Station Class I Sumbawa Besar (Stasiun Karantina Pertanian

Kelas I Sumbawa Besar). These facilities were built in 2006 consist of 4 buildings

functioned as animal quarantine or holding ground. However, circa 2013 these facilities

had not been used anymore and been abandoned, thus there is no need to relocate

the livestock and no people would be affected. There are 4 dilapidated buildings (blue

blocks on the map in Figure 1 above, and in Figure 4 below) with dimension of 10

meters by 30 meters that could be considered as affected structure, and will be rebuilt

on a new location as corrective action and be explained in the Chapter VII.

Figure 4. Condition of the holding ground and dilapidated cage buildings

16. As stated by the Major of Bima City in the Letter no. 650/172a/V/2018 dated 31 May

2018 to the Head of Bima District (Appendix 5), the government of Bima City had

committed to relocate and rebuild new holding ground facility at the yard of the Animal

Health Center (Pusat/Pos Kesehatan Hewan or Puskeswan), and will be funded by the

local budget. The land of this Puskeswan with total area of 34.77 Are is owned by Bima

City through land acquisition from individual by purchasing (proved by the Statement

Letter of Land Property Released as seen on Appendix 5), located in So Poki

13

Kelurahan of Jatiwangi, Asakota sub-district, about 3 kilometers away from Jatiwangi

NSD site. As this land has been owned by the Bima District since 2007 through land

acquistion, no complaint regarding land status was emerged from the surrounding

community (See Appendix 6). This Puskeswan was built in FY 2015 by the Agriculture

and Animal Husbandry Agency of Bima City (Dinas Pertanian dan Peternakan) on a

vacant land, secluded among farmland. Thus, there would not be potential affected

community around this facility. For the replacement for the holding ground facility, the

Bima City will build 4 cage buildings on the backyard of the Puskeswan with the same

dimension of 10 meters by 30 meters, as shown as yellow block in Figure 5 below.

Figure 5. Aerial View and Map of the Puskeswan with the planned replacement holding ground

14

CHAPTER III. DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE HANDLING MECHANISM

3.1. Dissemination

17. In the process of land acquisition from community/individuals, along with grievance

handling mechanism for any affected people in development of NSD programs,

dissemination is required to involve representatives from local parliament (DPRD),

LCO, City Satker-PPK, BKM, land-owners, community leaders, and consultants. Since

the land status for NSD program in Bima City is owned by the local government and yet

not occupied, it will not cause effect to people in term of land acquisition. Therefore no

dissemination regarding land acquisition is required. However dissemination to raise

comprehension regarding NSD concept, objectives, target and mechanism was held

among the community.

18. A community meeting was held on 26 April 2018 at the meeting hall of Asakota Sub-

district office, attended by the Head of Asakota Sub-district, Satker PIP (Pembangunan

Infrastruktur Permukiman or Local Public Work and Spatial Planning Agency), Local

Housing and Settlement Agency and Construction Management Consultant. Three out

25 participants at this meeting were woman (Figure 6). The meeting was aimed for

disseminating information on the NSD plan. The discussion addresses these issues: 1)

house construction in Jatiwangi NSD; 2) construction duration of 180 calendar days;

and 3) type of houses to be constructed which are of 28/80 (28 m2 building on 80 m2

land). The minutes of this meeting is included in Appendix 6. The list of participants

attending this meeting is included in Appendix 7.

Figure 6. Dissemination on NSD Plan

3.2. Consultation

19. The consultation will be conducted after the dissemination to provide an opportunity for

the community living in surrounding neighborhoods to express their opinions,

questions, and/or feedbacks on the NSD in Kelurahan Jatiwangi. One of the agenda of

this consultation is to establish an agreement with owners of land adjacent to the NSD

location. The discussion will mainly focus on the land boundaries and the installation of

land boundary markers.

15

3.3. Grievance redress mechanism

20. Grievance redress mechanism is used as an instrument to handle any complaints

and/or queries which emerge during land donation process and during construction

process of the NSD project. Any affected people/party will have the right to file

complaints. It is anticipated that all grievances related to benefits and other assistance

will be expected to be resolved at the subproject as the project upholds CDD

(community-driven development) as the overarching approach.

21. Since the land donation was undertaken by the government of Bima District to the

government of Bima City, the procedure for filing complaints and/or grievance during

land donation process will involve only among related institutions of which the local

coordinating organization (LCO) will be in charge.

22. The handling procedure by a grievance redress committee (GRC) on complaints of

related institutions is summarized as follows:

(i) The complaint will be filed to the LCO and a consultation meeting will be scheduled

inviting the related institutions.

(ii) A consultation meeting arranged by LCO will be held among the related

agencies/institutions to seek for an immediate solution when possible.

(iii) If the problem cannot be solved, the LCO will seek advice or recommendation from

higher hierarchycal institution (until the Governor’s level) for agreed solution among

the related institutions.

23. The procedure for filing complaints and/or grievance during construction is established

as follows:

(i) The complaint will be filed to the Badan Keswadayaan Masyarakat (BKM) or

Community Implementing Organization (CIO) members and local government at the

neighborhood level for an immediate solution when possible; and

(ii) If the problem cannot be solved, the BKM members and local government staff will

facilitate the APs (affected peoples) to submit their complaints to the Projects’s

grievance redress committee (GRC) at the district level, and to the national level if

needed. Community advisor then will record the complaint and report it to the LCOs.

The project will dedicate a staff at city/district and national levels to be in charge of

handling and following up on AP’s complaints.

24. The handling procedure by GRC on complaints and/or grievance is as follows:

(i) The members of the GRC should involve the representatives of vulnerable affected

people (i.e. affected women, poor and minority groups) and other affected people

along with relevant government officials who have functional and legal authority. The

committee will then review grievances involving all land acquisition benefits or

issues, except for disputes related to ownership.

(ii) Grievances will be redressed within 2 to 4 weeks from the date of filing the

complaints at the district level and within 8 weeks at the national levels. If no

consensus can be reached, the dispute resolution will refer to the grievance

mechanisms based on Law No. 2/2012 on Land Acquisition for the Development of

16

Public Interest and Presidential Regulation No. 71/2012 on the Implementation of

Land Acquisition for the Development of Public Interest.

(iii) A grievance redress mechanism has been set up to anticipate the development

process of NSD and land acquisition. To date there is no complaint raised by the

community and AHs (affected households) related to the NSD and land acquisition.

17

CHAPTER IV. THE POLICY OF LAND PROVISION

25. The land provision for NSD should meet related policies established by ADB and

Government of Indonesia as mentioned below.

4.1. ADB’s Safeguard Policy Statement

26. The ADB’s Safeguard Policy on land provision stated as follows:

(i) avoid adverse impacts of the projects on the environment and affected people,

where possible;

(ii) minimize, mitigate, and/or compensate for adverse project impacts on the

environment and affected people when avoidance is not possible; and

(iii) help borrowers/clients to strengthen their safeguard systems and develop their

capacity to manage environmental and social risks.

27. Whereas, the principles of involuntary resettlement are as follows:

(i) involuntary resettlements must be avoided where feasible;

(ii) minimize involuntary resettlements by exploring project and design alternatives;

(iii) enhance the livelihoods of all displaced persons in real terms relative to pre-

project levels; and

(iv) improve the standards of living of the displaced poor or other vulnerable groups.

28. In terms of land donation, as set forth in the RF, the policy principle for land acquisition

and resettlement require that:

(i) No AP categorized as poor households or vulnerable households as identified

through social assessment are allowed to donate their land or other economic

assets for the project activity;

(ii) When the required land is voluntarily donated or acquired through other agreement

as decided by the community, detailed social and economic background and

project impact to the APs must be carefully recorded and reported;

(iii) All the required information must be provided in the LARP required as part of the

subproject document prepared by the community;

(iv) The prepared LARPs must be endorsed by the BKM/CIOs, neighborhood

apparatus and the LCO/Executing Agency (EA), approved by ADB, disclosed to

the APs and uploaded on ADB’s website; and

(v) Prior to endorsement to ADB, the neighborhood proposal LARP will be reviewed

by special committee accountable to ADB and the Government.

4.2. The GOI Policy

29. Aside from ADB’s Safeguard Policy Statement, the land provision is required to meet

the Government of Indonesia regulations including:

(i) Law No. 2/2012 on Land Acquisition for the Development of Public Interest

(Undang-Undang Nomor 02 Tahun 2012 Tentang Pembebasan lahan untuk

Pengembangan Kepentingan Umum);

(ii) Presidential Regulation No. 71/2012 on the Implementation of Land Acquisition for

the Development of Public Interest (Peraturan Presiden Nomor 71 tahun 2012

18

Tentang Pelaksanaan Pembebasan Lahan untuk Pengembangan Kepentingan

Umum);

(iii) Regulation of Head of BPN No.5/2012 on Guidelines for Implementation of

Presidential Regulation No. 71/2012 (Peraturan Kepala BPN Nomor 05 tahun 2012

Tentang Pedoman Pelaksanaan Peraturan Presiden Nomor 71 Tahun 2012);

(iv) Regulation of the Minister of Finance No.13/PMK02/2013 (Peraturan Menteri

Keuangan Nomor 13/PMK02/2013); and

(v) Regulation of the Minister of Home Affairs No. 72/2012 on the Implementation

Guideline of Law No. 2/2012 (Peraturan Menteri Dalam Negeri Nomor 72/2012

Tentang Pedoman Pelaksanaan UU No. 2/2012).

4.3. The Principles of Land Provision Policy

30. The land provision for Jatiwangi NSD has followed the social safeguard principles set

forth in the Resettlement Framework (RF) which was prepared based on the ADB’s

Safeguard Policy Statement and the GOI’s legal framework on land acquisition

aforementioned. The relevant basic principles set forth in the Resettlement Framework

document (paragraph 29, point a, d, g and i) to be applied for the projects are as

follows:

a) Acquisition of land and other assets shall be avoided and minimized as much as

possible by exploring project and design alternatives and appropriate social,

economic, operational, and engineering solutions that have the least impact on

populations in the project area.

b) APs shall be fully consulted and informed on the project, their entitlement and

resettlement options. As well as the assistance measures. Ensure the APs

participation in planning, implementation, and monitoring and evaluation of

resettlements programs. Particular attention will be provided to the vulnerable

groups and ensure their participation in consultations.

c) There shall be an effective grievance redress mechanism to receive and facilitate

resolution of the affected persons’ concern during the preparation and

implementation of LARPs.

d) Appropriate monitoring shall be carried out to assess land acquisition objectives

and their impacts on the standard of living of the APs. The M& E, mechanisms

shall be identified and set in place as part of the land acquisition management

system. Monitoring reports should be disclosed.

31. Referring to paragraph 30 above, the land donation process is consistent with the

Basic Principles and summarized as the following:

(i) The land donation has no impact on the population on the project area.

(ii) The required consultation meetings have been held among related institutions and

no vulnerable group was affected.

(iii) Grievance redress mechanisms for land donation have been established and

described in paragraph 20-24 aforementioned.

(iv) To assess the land acquisition objectives and impacts on the living standard of the

APs, appropriate monitoring will be carried out and described further in Chapter VI.

19

Since the affected person is government institution, no living standard was

impacted. The monitoring activities will be reported in the social safeguard

monitoring report and disclosed to related institutions and other stakeholders.

32. Requirement for land donation set forth in RF Document paragraph 30 are as follows:

(i) Full consultations with the land owners and any non-titled displaced persons on

site selection;

(ii) Ensuring that voluntary donations do not severely affect the living standards of the

APs, and are linked directly to benefits for the APs, with community sanctioned

measures to replace any losses that are agreed to through verbal and written

record by the APs;

(iii) No any coercion to those who are opted for the contribution;

(iv) Any voluntary “donation” will be confirmed through verbal and written record and

verified by an independent third party such as a designated non government

organization or legal authority;

(v) Having adequate grievance redress mechanism in place; and

(vi) Safeguards must be built into the community decision making process and

included in the project implementation guideline to be followed by project

consultants and facilitators and shared with the project community members.

33. Moreover based on RF Document paragraph 31, land donation by beneficiary

households is acceptable where:

(i) the impacts are marginal (based on percentage of loss and minimum size of

remaining assets);

(ii) impacts do not results in displacement of households or cause loss of household’s

incomes and livelihood;

(iii) the households making land donations are direct beneficiaries of the project;

(iv) donated land is free from any dispute on ownership or any other issues;

(v) consultations with the affected households are conducted in a free and transparent

manner;

(vi) land transactions are supported by transfer of titles; and

(vii) proper documentation of consultation meetings, grievances, and action taken to

address such grievances is maintained.

34. The requirement in paragraph 32-33 above have been relevantly implemented in

Jatiwangi land acquisition. As the land for Jatiwangi NSD site is donated by the

government of Bima District to the government of Bima City, the parties potentially

affected were government institutions instead of community or people. The land

donation process, as to refer to paragraph 32, has been achieved through full

consultation meeting amongst the related institutions, without coercion and confirmed

through written documentation. A grievance redress mechanism was also established

for potential affected institutions.

35. This Due Diligence Report is prepared to describe the land donation implementation

process and follow up necessary corrective action to meet the social safeguards

principles.

20

CHAPTER V. INSTITUTIONAL ARRANGEMENT

36. The NSD program is carried out by government institutions at several levels including

the central government (Project Management Unit), Local Government of Bima City

(LCOs/City Satker-PPK) and the community supported with technical assistance of

consultants.

37. The roles and responsibilities of the abovemention government institutions presented in

Table 2 below.

Table 2. Roles and Responsibility of Institution

Institution Roles and Responsibilities

Central Ministry of Public Works & Housing (PMU)

• Coordinating, supervising and monitoring the implementation of NUSP-2 program including collaboration with the Government of Bima City through APBD in form of land provision and infrastructure development in the surrounding of NSD site.

• Ensuring the land provision document as compiled by LCOs/Satker-PPK

NMC Safeguard Specialist

• Assisting the Executing Agency (PMU) in overall coordination, supervision, monitoring and reporting regarding safeguard implementation and monitoring.

• Working closely with the government and other consultants in preparation of Due Diligence Report

• Working closely with the government and other consultants in implementation and monitoring the safeguard management plan.

Regional RMC Safeguard Specialist and Sub-monev

• Assisting the LCO in coordination, supervision, monitoring and reporting including safeguard implementation and monitoring in Bima City.

• Ensuring the safeguard management plan is implemented in Bima City.

• Ensuring all social safeguard documents are completed including Land Donation Statement and Social Safeguard Screening

• City LCOs,

• Coordinating, supervising and monitoring the land provision

• Providing the budget for land provision. • Preparing the reports on land provision. • In charge for Grievance Redress Mechanism among

related institutions.

CityPPK-Satker • Undertake dissemination regarding NSD activity • Implementing necessary corrective actions • Establish Grievance Redress Mechanism (GRM) to

address community complaints regarding NSD activity during construction.

Agency of Agriculture and Animal Husbandry of Bima City

• Implementing construction and supervision of replacement buildings for holding ground

Community/ UPTD (Unit Pelaksana Teknis Daerah)

NSD Management Board

• Establishing NSD Community Forum • Executing the Operation and Maintenance

21

CHAPTER VI. MONITORING AND EVALUATION

38. Monitoring and evaluation will be done to ensure the objective of land provision

complies with the existing rules and the utilization of land for the NSD activity does not

adversely impact the social and economic of the surrounding community. In the event

of an adverse occurrence, certain corrective actions/ measures must be done in order

to address the anticipated impact. Monitoting and evaluation will be conducted by each

stakeholder with assistance of the consultant in the national level and regional levels.

39. In terms of rebuilding the affected structures as mentioned in the correspondency

between the government of Bima District and the government of Bima City (Appendix 3

and 4), the construction of holding ground at the new place will be monitored to ensure

its compliance with the safeguard principles stipulated in the Resettlement Framework.

40. The monitoring activities will be reported in the semi annual social safeguard

monitoring report and disclosed to related institutions and other stakeholders.

22

CHAPTER VII. CONCLUSIONS AND CORRECTIVE ACTIONS

7.1. Conclusions

41. The land provision for the NSD in Bima City was carried out through voluntary donation

(transfer of asset) from the Government of Bima District to Government of Bima City.

42. Upon the affected holding ground structure on the donated land, the government of

Bima City will build a replacement building at the land of Puskeswan. This construction

will be financed by the local budget (APBD) of Bima City in FY 2019 (still in the process

of budget submission and expected approval in December 2018).

43. The land provision for Bima NSD is comply with the principle of land acquisition/land

donation as provided in the Resettlement Framework.

44. The designation of the land for NSD activity is in accordance with spatial planning of

Bima City and meets the criteria determined by NUSP-2.

7.2. Corrective Actions

45. For the replacement for the holding ground facility, in FY 2019 the Bima City will build 4

new cage buildings on the backyard of the Puskeswan with the same dimension of 10

meters by 30 meters. Based on the planning document (DED and Budget Plan) the

estimated budget is IDR 600 millions. The estimated budget can be revised as needed.

The corrective action for the affected structure is summarized in the matrix Table 3

below:

Table 3. Corrective Action for Affected Structure (cage buildings on holding gorund) Affected Structure

Function Dimension

Activities Time frame Budget & Source

Responsible Institution

4 cage buildings

on holding ground

Animal quarantine or

holding ground (not functioned

since 2013)

10 x 30 (sqm)

To be relocated and

rebuilt on a new location

at Puskeswan the same 4

cage building with same dimension.

FY 2019 (construction

period is estimated for

4 months)

Approximately IDR

600 million from

APBD FY 2019

- Agency of Agriculture and Animal Husbandry of Bima City

23

46. The construction of replacement building for holding ground as described in the

previous paragraph will undergo through a series of phases which is planned in the

following schedule (Table 4)

Table 4. Time Schedule of Holding Ground Construction

Phase of Activity

FY

2018 FY 2019

Dec Jan Peb Mar Apr May Jun July Aug Sept Okt Nov Dec

Budget Proposal & Approval

Procurement

Construction

Provisional Handover (PHO) from contractor to Agency of Agriculture and Animal Husbandry of Bima City

Utilization by Agricultural Quarantine Station Class I Sumbawa Besar

47. The construction of these buildings will be conducted by the Agency of Agriculture and

Animal Husbandry of Bima City, and will be monitored by the government of Bima City.

Once the contractor complete the construction and carry out PHO to the Agency of

Agriculture and Animal Husbandry of Bima City, the buildings will be the asset of the

government of Bima City.

24

APPENDIX

25

Appendix 1. Letter of Bima Mayor regarding Request for Land Grant by Local

Government of Bima City

26

Appendix 2. Letter from Head of Bima District regarding Request on Land Asset Transfer

27

Appendix 3. Letter of Bima Mayor regarding Request for Additional Land Grant

28

Appendix 4. Letter of Head of Bima District regarding Approval on Total Land Acquistion

29

Appendix 5. Letter of Bima Mayor to the Head of Bima District regarding the replacement land for the Holding Ground and Animal Quarantine

30

Appendix 6. Statement of Land Property Release

31

32

33

Appendix 7. Notes of Dissemination about New Site Development Plan

34

Appendix 8. List of Attendees of Dissemination about New Site Development Plan

35

COVER DDR BIMA(1).pdfDDR BIMA Final.pdf