DRAFT Resettlement Plan

March 2020

SAM: Central Cross Island Road Upgrading Project

(CCIRUP)

Prepared by the Land Transport Authority of Samoa for the Asian Development Bank.

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CURRENCY EQUIVALENTS (as of 02 September 2019)

Currency unit – Samoan Tala (WST)WST1.00 = $ 0.37

$1.00 = WST 2.69

ABBREVIATIONS

AP – affected personsAoG – Assemblies of GodCCCS – Congregational Church of SamoaCCIR – Central Cross Island RoadCCIRUP – Central Cross Island Road Upgrading Project (the Project)COEP – codes of environmental practiceERAP – Enhanced Road Access ProjectESIA – environmental and social impact assessmentGCLS LDS

- –

Grievance Complaint Logging SystemLatter Day Saints

LTA – Land Transport AuthorityMNRE – Ministry of Natural Resources and EnvironmentMOF – Ministry of FinanceMWCSD – Ministry of Women, Community and Social DevelopmentOHS – occupational health and safetyPMU – project management unitPUMA – Planning and Urban Management Division of MWTIRC – roman catholicRP – resettlement planTCE – Tropical Cyclone EvanWST – Samoan Tala

WEIGHTS AND MEASURES km (kilometer) – length relevant to roadm (meter) – Length or width relevant to roadvpd (vehicles per day) – traffic volume

NOTES 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 the Asian Development Bank (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 the ADB 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 ADB does not intend to make any judgments as to the legal or other status of any territory or area.

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GLOSSARY

Affected Household/

Family

– All members of a household residing under one roof and operating asa single economic unit, who are adversely affected by the project orany of its components; It may consist of a single nuclear family or anextended family group.

Affected Persons

– Individuals that are directly or indirectly affected by the project throughland 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:

Persons whose agricultural land or other productive assets suchas trees or crops are affected;

Persons whose businesses are affected and who mightexperience loss of income due to the project’s impact;

Persons who lose work/employment as a result of the project’simpact; and

People who lost access to community resources/property as aresult of the project.

Assistance Support

– Assistance support, rehabilitation, and restoration measures extendedin 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 aresource that is obtained or affected by a project, in which, theaffected people are entitled to in order to replace their lost property orincome.

Cut-off date – The limitation period for affected persons to claim compensation is 5years after the date of proclamation of taking lands (Ref: TLA 1964,S27). Negotiations must be completed within 30 days from theeffective start of negotiations.

Detailed Measurement Survey

– The detailed inventory of losses that is completed after the detaileddesign and marking of project boundaries on the ground.

Inventory of Losses

– The pre-appraisal inventory of assets as a preliminary record ofaffected or lost assets.

Rehabilitation Compensatory Measures

– Measures provided under the policy framework on involuntaryresettlement other than the payment for the replacement cost ofobtained assets.

Replacement Cost

– The amount needed to replace an asset and the value determined ascompensation for the following:

Agricultural land at the pre-project or pre-displacement level,whichever is higher and is the market value of land of equalproductive potential or use located in the vicinity of the affectedland, plus the cost of preparing the land to levels similar to thoseof the affected land, plus the cost of any registration and transfertaxes;

Land in urban areas: the pre-displacement market value of landof equal size and use, with similar or improved publicinfrastructure facilities and services located in the vicinity of theaffected land, plus the cost of any registration and transfer

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taxes;

Houses and other related structures based on the currentmarket price of materials, transportation of materials toconstruction sites, cost of labour and contractor’s fee, and anycost of registration and transfer taxes. In determining thereplacement cost, depreciation of assets and value of salvagedbuilding materials are not taken into account. No deductions aremade for the value of benefits to be derived from the project;and

Crops, trees, and other perennials based on current the marketvalue; and other assets (i.e., income, cultural or aesthetic) basedon the replacement cost or cost of mitigating measures.

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

Significant Impact

– If 200 or more people experience major impacts, which are definedas: (i) being physically displaced from housing, or (ii) losing 10% ormore of their productive assets (income generating assets).

Structures – All buildings including the primary and secondary structures such ashouses and ancillary buildings, commercial enterprises, livingquarters, community facilities and infrastructure, shops, businesses,fences, and walls.

Vulnerable Individuals

– Those who might suffer disproportionately or face the risk of beingmarginalized from the effects of resettlement including:

Female-headed households with dependents; Disabled household heads; Poor households that fall on or below the poverty line (within the

meaning given previously); Landless; Elderly households with no means of support; and Households without security of tenure.

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CONTENTS

EXECUTIVE SUMMARY VI

I. INTRODUCTION 1

A. Background 1 B. Project Description 1 C. Objectives of the RP 2 D. Key Principles of the RP 3 E. Summary of Road Design 5 F. CCIRUP Route and Affected Properties 7

II. SCOPE OF LAND ACQUISITION 8

A. Overview of Land Ownership in Samoa and along the CCIR 8 B. Scope and Rationale for Land Acquisition/Resettlement 9 C. Summary of Impacts 11 D. Impact Assessment 13

III. SOCIO-ECONOMIC INFORMATION AND PROFILE 17

A. Overview of Socio-economic Information on Affected People 17 B. Occupation and Income 18 C. Health and Education Services 18

IV. LEGAL POLICY FRAMEWORK AND ENTITLEMENTS 19

A. Introduction 19 B. Government Land Acquisition Legislation 19 C. Government Legislative Compatibility to ADB Safeguards Requirements 24 D. CCIRUP links to Involuntary Resettlement and Compulsory Land Acquisition 27

V. LAND AND ASSETS EVALUATION AND COMPENSATION AND ENTITLEMENTS 28

A. Evaluating Land and Assets Compensation 28 B. Affected Persons 28 C. Freehold Land Compensation 34 D. Customary Land Compensation 34 E. Easements 34 F. Resettlement Plan Implementation Schedule 36

VI. INVENTORY OF LOSS REQUIREMENTS 39

A. Context 39 B. Cost/Budget 39

VI. INSTITUTIONAL ARRANGEMENTS 40

A. Overview 40 B. Process 41

VIII. DISCLOSURE, CONSULTATION AND PARTICIPATION 43

A. Overview 43 B. Consultation Approach 44 C. Consultation Challenges 45 D. Disclosure 46

IX. GRIEVANCE REDRESS MECHANISM 49

A. Minor Concerns 49 B. Major Issues 49

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C. Grievance procedure 49

X. MONITORING AND EVALUATION 52

A. MNRE Monitoring and Evaluation of Resettlement process 53 B. Safeguards Monitoring 53

XI. REFERENCES 55

APPENDIX 1: PUBLIC CONSULTATION MINUTES 56

APPENDIX 2: CONSULTATION FLIER 74

A. The Current State of the Central Cross Island Road 75 B. The Upgrade 76 C. Disclosure Consultation Report

LIST OF FIGURES

Figure 1: Cross Central Island Road Upgrading Project (CCIRUP) Location ......................... 2 Figure 2: Typical Section Option 1 – Selected for Urban Area ............................................... 6 Figure 3: Typical Section Option 6 – Selected for Rural Area ................................................ 6 Figure 4: Resettlement Plan Implementation Agencies ....................................................... 41 Figure 5: Levels of Grievance Resolution in Community ..................................................... 51

LIST OF TABLES

Table 1: ROW Typical Cross Section Options ....................................................................... 5 Table 2: Land Ownership Types in Samoa ............................................................................ 9 Table 3: General Summary of Impacts ................................................................................ 12 Table 4: Summary of Indicative Resettlement Impacts ........................................................ 12 Table 5: Community Characteristics .................................................................................... 17 Table 6: Wealth Quintiles .................................................................................................... 18 Table 7: Government Legislation and Policies Relevant to Social Safeguards .................... 20 Table 8: Government Legislative Compatibility to ADB Safeguard Requirements ............... 24 Table 9: CCIRUP Affected Person Entitlement Matrix ......................................................... 30 Table 10: Steps in the Resettlement Plan Process ..............................................................36 Table 11: Key Resettlement Plan Responsibilities .............................................................. 42 Table 12: CCIR Key Stakeholders ....................................................................................... 43 Table 13: Resetlement Plan Consultation Plan ................................................................... 47 Table 14: Summary of Indicators to Guide Monitoring of the Resettlement Plan ................. 52 Table 15: Summary of 2018 Public Consultations ............................................................... 56

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EXECUTIVE SUMMARY

The government is seeking to strengthen the safe access and resilience of its roads and bridges by reconstructing the most critical transportation links to higher standards so that they can better withstand the impacts of climate change and extreme weather events. The Central Cross Island Road Upgrade Project (CCIRUP) forms part of this program, with funding support provided by the Asian Development Bank (ADB). The Ministry of Finance (MOF) is the Executing Agency and the Land Transport Authority (LTA) is the Implementing Agency.

The preparation of the CCIRUP involves a Technical Assistance consultancy (TA) project (TA-9519 SAM: Preparing the Central Cross Island Road Upgrading Project) to address social and environmental safeguards, survey, design and civil works bidding documents for provision of an enhanced, safer and more sustainable road between Tanugamanono and Siumu – the Central Cross Island Road (CCIR). The findings will contribute to the ADB’s project appraisal and RRP (Report and Recommendation of the President to the Board of Directors). Design and documentation completion is a separately provided consultancy directly to the LTA (Consulting Services: Completion of Surveys and Investigations, Design and Documentation).

The CCIRUP covers a stretch of approximately 20km of the CCIR. The CCIRUP commences (KM 0+000) on the northern side of the Ififi Street intersection in the outskirts of Apia. It then progresses southwards across the central highlands of Upolu to the project upgrading end point at the intersection with the South Coast Road in Siumu (KM 19+686).

Following preliminary road design, review and discussions with LTA, stakeholders, communities and the ADB it was resolved that a nominal i.e. target right-of-way (ROW) width of 16.0m will be adopted for the entire road upgrade. This is considered to be the minimum acceptable width for achievement of road upgrading objectives that include road widening for safety reasons. While the LTA Act 2007 legislates a standard 22.0m width for arterial roads (such as the CCIR), in accordance with ADB Safeguards Policy Statement 2009, the adoption of this 16.0m width will minimize environmental disruption and resettlement or social impacts. Irrespectively, land still needs to be formally acquired as the existing ROW is as narrow as 10.0m in some locations, and its location and width relative to the existing roadway is largely inconsistent. As part of this project, it is the intent of the government to establish a new uniform ROW over the entire 20km road upgrade length.

This Resettlement Plan (RP) has been prepared for the proposed CCIRUP. It outlines the land acquisition and resettlement policy principles, procedures, and institutional arrangements to mitigate risks to the people impacted by the Project. It is based on applicable Samoan law, regulations and policies, and the ADB’s Safeguard Policy Statement, 2009.

Land use is predominantly classed as urban for the initial 4.5km. This road section includes a mixture of residential, commercial, public facilities and government buildings. While much of the land along this segment is freehold, there are some customary land allotments scattered throughout. From about 4.5km to 7km adjacent development is relatively less built-up, albeit still dominated by residential and commercial dwellings. It could be considered as ‘peri-urban’ development but is officially considered to be within a rural area. Beyond 7km to the project end point (KM 19+686) adjacent land use includes scattered residences and institutions but is dominated by mixed-use farmland. Customary land is far more prevalent in this rural area, with a distinct notable section from about KM 15+850 to the end point.

The CCIRUP will largely follow the current CCIR route. While it is not expected that there will be a need to resettle people as a consequence of the proposed CCIRUP, identified areas of land parcels will be acquired in order to accommodate CCIR road improvements. For affected fixed

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assets (e.g. fences, hedges, trees, and temporary structures, etc.) situated within the nominal 16.0m road ROW, owners will receive compensation, or they can choose to have the asset relocated (maintaining the same condition or better).

Affected Persons (APs) include those individuals who own, tenant, or have business interests that will be affected by the CCIRUP. They may be affected through land acquisition, temporary land use, land easements, or removal of existing fixed assets such as fence lines, vegetation, and structures.

No severe impacts have been identified to date, nor expected through further development of the Project. There are approximately 159 land lots that will be affected by the project. In order to minimize impacts on assets, land will be acquired on both sides of the road, with approximately 130,322m2 of land needed. The project will also require extending easement areas, totaling 6,021m2, however there will not be a requirement to change the ownership of this land.

There are more affected lots within the 1st 3km of the CCIRUP, and for the next 8km (up to 11km) – as these lots tend to be small in size as they are in the urban area. Impacts are higher in the 1st 3km as this is the most densely populated physically enclosed area, being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it is generally further away from the existing road, and it is dominated by the above mentioned large customary land area.

There are no impacts on house structures, and as a result there will be no forced physical displacement. The majority of impacts to assets consist of fences and hedges, and a lesser extent productive trees and small structures. Considerable effort has been made to determine the ownership type of affected land lots, with roughly 60% of lots still to be confirmed. Once landowners have been confirmed by MNRE, then a detailed census and socio-economic survey of affected landowners and asset owners will be conducted – with the results presented in the Final RP and/or Updated RP.

Details including costs associated with the logistics of removal / relocation of utility services e.g. existing power, water, and telecommunications is not yet included in this Draft RP as this will be undertaken as part of the detailed designs prepared by the utility companies and undertaken during civil works by the road upgrading contractor(s).

Final compensation packages will be determined in accordance with replacement value of the lands including assets and will need approval of cabinet before compensation is granted. A specific grievance management mechanism shall be set up for APs and all questions, queries or grievances will be recorded and responded to. Furthermore, an independently evaluated monitoring and evaluation procedure will be set up to measure the effectiveness of the compensation process and livelihood restoration measures.

Legal Agreements with appended compensation details will be drafted by relevant Government offices (LTA, MNRE and AGO). Endorsement of the agreement shall be with the identified legal owner(s) of the land affected or a legally authorized representative and the authorized Government Representative.

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I. INTRODUCTIONA. Background

1. This Resettlement Plan (RP) has been prepared for the proposed Central CrossIsland Road Upgrade Project (CCIRUP) on Upolu Island, Samoa. It outlines the resettlementpolicy principles, procedures, and institutional arrangements to mitigate risks and whererelevant offer sustainable livelihood and development opportunities to the people impactedby the Project. It is based on applicable Samoan law, regulations and policies, and the AsianDevelopment Banks (ADB’s) Safeguard Policy Statement, 2009.

2. The government is seeking to strengthen the safe access and resilience of its roadsand bridges by reconstructing the most critical transportation links to higher standards sothat they can better withstand the impact of climate change and extreme weather events.The CCIRUP forms part of this program.

3. In the aftermath of Tropical Cyclone Evan (TCE) in 2012 several key roads weredamaged. This included parts of the Central Cross Island Road (CCIR), which wascompletely severed (impassable) in several locations. The CCIR is one of the maineconomic arterial roads on Upolu Island. Following TCE, three local contractors were hiredby the Land Transport Authority (LTA) under emergency funding to restore connectivity andimprove the road in the worst affected areas. A total of five such distinct road sectionstotaling 3.7 km were upgraded as a result. In the interest of maintaining investment andreducing further project costs, these road sections will not be upgraded as part of the newworks.

4. Initially, the CCIRUP was identified by the government as a sub-component of theWorld Bank funded Enhanced Road Access Project (ERAP). This initial ERAP stage of theProject occurred from December 2015 to May 2017. Tasks performed included preliminarysurveys and investigations, preliminary engineering design including typical road cross-section options, preferred option selection, initial safeguards reporting (environmental andsocial including a draft resettlement plan document), civil works cost estimates, substantialdetailed design completion including master utility relocation plans, partial biddingdocumentation, and production of draft right-of-way (ROW) drawings for resettlementplanning purposes.

5. Project activities resumed in June 2018. This time in the form of a technicalassistance (TA) consultancy for the ADB. The ADB intends to provide a grant to thegovernment for project implementation.

6. Project co-financing is also provided by the Green Climate Fund (GCF). Theaccredited entity for the GCF is the United Nations Development Programme (UNDP). GCFfunding covers detailed design and bidding documentation completion.

7. The Ministry of Finance (MOF) is the Executing Agency and the LTA is theImplementing Agency. Being responsible for land management in Samoa, the Ministry ofNatural Resources & Environment (MNRE) is a critical government stakeholder.1.B. Project Description

8. The CCIRUP covers a stretch of approximately 20 km of the CCIR. The CCIRUPcommences on the northern side of the Ififi Street intersection in the outskirts of Apia (KM0+000). It then progresses southwards across the central highlands of Upolu Island to the

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project upgrade end point at the intersection with the South Coast Road in Siumu (KM 19+686) as shown in Figure 1.

Figure 1: Cross Central Island Road Upgrading Project (CCIRUP) location

8. While the upgraded road will predominantly follow the route of the current road, itneeds to be widened and realigned for safety reasons. This requires:

(ii) An effective road design that improves the safety of pedestrians andcommuter’s alike;

(iii) Where necessary, land acquisition to enable the design and upgrade to beachieved;

(iiii) Improved road drainage facilities to mitigate the impacts of climate change onboth the roadway and adjacent land; and

(iiv) Removal of some trees, fences and small structures. Major structurerelocation or removal i.e. houses is not required.

C. Objectives of the RP

9. The government agrees to undertake the CCIRUP with resettlement requirementsaccording to this RP. This RP is in compliance with the ADB’s Safeguard Policy Statement,2009. Where there are contradictions between government legal and regulatory processes,this RP will be amended to reflect implementation progress and to ensure compliance withnational law legal requirements and the ADB Safeguard Policy Statement. Government andADB requirements are further discussed and compared in Chapter IV; forming the basis forresolution of any such contradictions. Where there is difference, the more stringent policieswill apply.

10. Key objectives intrinsic to this RP integrate requirements and processes of both thegovernment and ADB as follows:

(i) Avoiding or minimizing involuntary resettlement, wherever feasible;(ii) Assisting Affected Persons (APs), displaced poor and other vulnerable groups

to improve their living standards, earning capacity, and production levels; orat least to restore them (if affected by the project);

(iii) Ensure community involvement in planning and implementing resettlement (ifpertinent);

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(iv) Assisting APs regardless of the legality of title of land; and(v) Providing compensation and resettlement assistance.

11. More explicitly, ADB assisted projects require project beneficiaries to take allnecessary measures to avoid, minimize, mitigate and compensate for adverse socialimpacts including but not limited to those impacts associated with involuntary resettlement.This includes an expectation that all viable project design options should be explored toavoid or minimize involuntary resettlement. Where involuntary resettlement cannot beavoided, adequate resources should be made available to identify and implementresettlement activities as sustainable development programs, in close consultation with APs.

12. Resettlement Impact Categorization. Prior to implementation of civil works,resettlement impacts will be screened and classified using ADB SPS 2009 classificationsystem as follows:

Category A: If the proposed subproject is likely to have significant involuntary resettlement impacts to 200 or more persons will be physically displaced from home; 200 or more persons lose 10% or more of their productive or income generating assets; or 200 or more persons experience a combination of both. Category B: If the proposed subproject includes involuntary resettlement impacts that are not deemed significant. Category C: The proposed subproject has no involuntary resettlement impact.

13. The CCIRUP will require some land acquisition, yet the road will largely follow theoriginal route with necessary modifications on the designed alignment of some sections.Based on ADB Safeguard Policy Statement (SPS) 2009 the Project will be classified ascategory “B” in terms of involuntary resettlement (IR). In accordance with SPS 2009, projectshaving any land acquisition and involuntary resettlement impacts will comply with the ADBsafeguards requirement. Thus, any project that involves land acquisition and resettlementimpacts RP and/or other safeguard reports are required as part of mitigation measures toaddress impacts. Accordingly, this draft RP has been prepared. A Final RP and/or UpdatedRP will also be prepared once further details are known.

14. Furthermore, to encompass GCF and UNDP safeguards policy, a rapid visualassessment of supplied GCF safeguard documents with those of ADB’s was performed bythe consultant’s safeguards specialists and determined to be similar, if not identical, forpurposes of safeguards project implementation. Where applicable, the remainder of thisreport focuses on ADB’s SPS.

D. Key Principles of the RP

9. While physical resettlement is not anticipated under this project, land and assetsacquisition is required. Hence, key principles which have guided this RP process are asfollows:

(i) Screen the project early on to identify past, present, and future involuntaryresettlement impacts and risks;

(ii) Determine the scope of resettlement planning through a gender appraisal ofgender differentiated impacts of the land acquisition and commuting risks; aninventory of losses and/or census of affected persons;

(iii) Carry out meaningful consultations with APs, host communities, andconcerned relevant nongovernment organizations;

(iv) Inform any affected persons of their entitlements and resettlement options;(v) Ensure APs participation in planning, implementation, and monitoring and

evaluation of related livelihood restoration opportunities (if required). Payparticular attention to the needs of vulnerable groups, especially those below

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the poverty line, the landless, the elderly, women and children, disabled and those without legal title to land, and ensure their participation in consultations;

(vi) Establish an appropriate grievance redress mechanism to receive andfacilitate resolution of any AP concerns;

(vii) Support the social and cultural institutions of affected persons and their hostpopulation;

(viii) Where involuntary resettlement or land acquisition impacts and risks arehighly complex and sensitive, compensation and resettlement decisionsshould be preceded by a social preparation phase;

(ix) Improve, or at least restore, the livelihoods of all affected persons through:(x) land-based resettlement strategies when affected livelihoods are land based

where possible or cash compensation at replacement value for land when theloss of land does not undermine livelihoods;

(xi) prompt replacement of assets with access to assets of equal or higher value;(xii) prompt compensation at full replacement cost for assets that cannot be

restored.(xiii) Develop procedures in a transparent, consistent, and equitable manner if land

acquisition is through negotiated settlement to ensure that those people whoenter into negotiated settlements will maintain the same or better income andlivelihood status;

(xiv) Ensure that displaced persons without titles to land or any recognizable legalrights to land are eligible for resettlement assistance and compensation forloss of nonland assets;

(xv) Prepare a resettlement plan elaborating on displaced persons’ entitlements,the income and livelihood restoration strategy, institutional arrangements,monitoring and reporting framework, budget, and time-bound implementationschedule;

(xvi) Disclose a draft resettlement plan, including documentation of theconsultation process in a timely manner, before project appraisal, in anaccessible place and a form and language(s) understandable to APs andother stakeholders. Disclose the final resettlement plan and its updates toAPs and other stakeholders;

(xvii) Conceive and execute involuntary resettlement as part of a developmentproject or program. Include the full costs of resettlement in the presentation ofproject’s costs and benefits;

(xviii) Pay compensation and provide other resettlement entitlements beforephysical or economic displacement. Implement the resettlement plan underclose supervision throughout project implementation; and

(xix) Monitor and assess resettlement outcomes, their impacts on the standards ofliving of displaced persons, and whether the objectives of the resettlementplan have been achieved by considering the baseline conditions and theresults of resettlement monitoring. Disclose monitoring reports.

15. Other considerations. While the road designer has successfully mitigated needsfor the civil works contractor to temporarily occupy private land for purposes of buildingpermanent road upgrade (proper) construction works e.g. for embankments, a residual needfor temporary occupation of private land still applies in the following circumstances:

(i) Where an existing cadastral boundary forming the ROW edge is located in aninconsistent position to that of a fixed boundary structure i.e. roadside of anexisting fence line or hedge. In such instances, it makes practical sense toupgrade the road to the frontage of such physical barrier, but not necessarilya need for the government to formally acquire this land. These occurrenceswill need to be considered by the government on a case-by-case basis; and

(ii) Where a new vehicle crossing would best extend further up the existingdriveway within the private property due to geometric design levelling

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constraints and a design objective to avoid excessively steep vehicle crossings. Especially for the latter, property user / owner would need to be informed and consent would need to be given, but this is not seen as an impediment to the Project.

E. Summary of Road Design

16. This RP complements the proposed road design with associated approvedprocesses and procedures for acquiring the land required to enable the CCIRUP to proceed.Public consultation and engagement have and will form the basis of the approval process.

17. ROW typical cross section options. During the preliminary design stage underERAP a total of six different typical full-width cross sections were considered for the roadupgrade. These primarily considered varying width shoulders and drainage arrangements forboth urban and rural areas of the CCIR. Alternate ROW widths were also considered for therural area. A summary of each cross section considered is provided in Table 1.

Table 1: ROW Typical Cross Section Options

Option No.

CCIR Road Section

KM (To /

From)

ROW Width

(m) Description

1

PACKAGE 1 & 2 URBAN

0+000 to

4+600

16.0

Kerbed 7.0 m wide carriageway (no shoulders) with std 4.5 m wide verge both sides that includes a 1.5 m wide piped drainage corridor LHS against kerb, 1.5 m wide footpath both sides, and

1.5 m wide utility in berm corridor against ROW boundary. Water utility proposed for RHS. Street lighting proposed for inside edge of footpath both sides.

2 16.0

Kerbed 8.2 m wide carriageway (including 0.6 m wide sealed shoulders both sides) with std 3.9 m wide verge both sides that includes a 0.90 m wide U-shaped RC lined (including cover slabs) drainage corridor against kerb, 1.5 m wide footpath both

sides, and 1.5 m wide utility in berm corridor against ROW boundary. Water utility proposed for RHS. Street lighting proposed for outside edge of footpath both sides.

3 16.0

Unkerbed 11.0 m wide carriageway (including 2.0 m wide sealed shoulders both sides) with std 2.5 m wide verge each side that includes a 1.0 to 2.0 m wide* RC lined trapezoidal drainage corridor both sides, and a 0.5 to 1.5 m wide* shared utility in berm / footpath corridor both sides against ROW boundary.

Water utility proposed for RHS. Street lighting proposed for outside edge of shoulders, although not ideal from a safety perspective.

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PACKAGE 2 RURAL

4+600 to

19+673

16.0 (min.)

Unkerbed 10.0 m wide carriageway (including 1.5 m wide unsealed shoulders both sides) with std 3.0 m wide verge each side that includes a 1.0 to 2.5 m wide rip rap lined trapezoidal drainage corridor both sides, and a 0.5 to 2.0 m wide utility in

berm corridor both sides against ROW boundary. Water utility and street lighting assumed not applicable.

5 16.0

(min.)

Unkerbed 10.0 m wide carriageway (including 1.5 m wide sealed shoulders both sides) with std 3.0 m wide verge each side that includes a 1.0 to 2.5 m wide RC lined trapezoidal drainage

corridor both sides, and a 0.5 to 2.0 m wide utility in berm corridor both sides against ROW boundary. Water utility and street lighting assumed not applicable.

6 22.0

(max.)

Unkerbed 11.0 m wide carriageway (including 2.0 m wide unsealed shoulders both sides) with std 5.5 m wide verge each side that includes a 1.0 to 2.5 m wide rip rap lined trapezoidal drainage corridor both sides, and a 3.0 to 4.5 m wide utility in

berm corridor both sides against ROW boundary. Water utility and street lighting assumed not applicable.

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Source: SMEC 2017. ERAP Preliminary Design Report. Apia

18. Selected ROW Typical Cross Section Options. The LTA selected Option 1 for theurban area and Option 6 for the rural area. These are reflected in Figure 2 and Figure 3.During the ADB funded stage of the Project, LTA confirmed that Option 6 should be alteredto suit a nominal ROW width of 16.0m instead of 22.0m. This was in order to furtherminimize resettlement impacts, as well as do minimal harm in the land corridor.

Figure 2: Typical Section Option 1 – Selected for Urban Area

Figure 3: Typical Section Option 6 – Selected for Rural Area

19. It should be noted that the road ROW is formed/to be formed as a series of straightlines. The straight lines are cadastral (or survey) boundaries that legally define the limits ofthe road reserve (the ROW). Because of this, and the winding nature of the road, the ROWwidth at any given point along the CCIR will vary from 16.0m wide, but typically be no lessthan this, yet 16.0m is not a minimum width. Widest ROW areas will typically be associatedwith sharp curves where greater width is needed. Other instances may include locations

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where the existing or proposed new ROW is better suited to be wider to fit snuggly within existing private properties on each side, or where drainage outfall structures exist. Such practice is atypical for any given road ROW and clarifies why the term “nominal” (“nom.” for short) is commonly used when referring to ROW width i.e. nominal ROW width of 16.0m.

20. Under ERAP, MNRE were consulted regarding definition of a clear boundarybetween urban and rural areas of the CCIR. This was important to establish given thedifferent physical components of the road upgrade for each of the two distinct road-use andadjacent development environments. Based on information provided by the MNRE, anurban/rural boundary of KM 4+420 was proposed by the road design consultant andapproved by the LTA in 2016.

21. In order to upgrade the CCIR, a substantial utility service relocation exercise isrequired. This includes water, power, and telecommunications services. All these utility typesexist within the current ROW of the CCIR but as the road will effectively be widened andrealigned, these utilities will also need to be moved. At present, there is little-to-noconsistency with utility placement relative to the roadway, so other than the necessity tomove them for upgrading purposes, the Project also offers an opportunity to formalize astandard utility corridor arrangement for the project road ROW. This will not only aidimmediate road upgrading, but will be beneficial for future utility maintenance, upgrade andnew-installation plans as future potential for road-user disruption and road damage will besubstantially reduced. To facilitate road upgrading, utility relocation will be undertaken by theroad-upgrading contractor(s) as part of the civil works contracts. Utility relocation designs,documentation and cost estimates will be provided by the utility owners to the LTA.

22. Full utility relocation details will be provided in the civil works bidding and subsequentcontract documents. Impacts on land acquisition and resettlement will be assessed andincluded in the Final RP or Updated RP. Notices will be placed in the LTA/EPC/SWAfacebook page and other media outlets to indicate temporary disturbance prior to the cut-offdate to avoid inconvenience for APs.

23. Rainfall runoff will be conveyed away from the road ROW to existing waterways viaan integrated road drainage network. For the urban area this will include a network of newlydesigned roadside kerbed channels, drainage catch-pits, manholes, and connecting pipes tospecifically located outfall structures. The stormwater main (mainline drainage pipe) will beon the east side of the road centerline, underneath the kerbline. Rural area drainage willinclude open-lined side drains on both roadsides. These will generally start and end at eachoutfall location, or localized high point in the roadside. They will include frequent use of‘drop-structures’ (small rock rip-rap weirs) to control water runoff flow rates and thusminimize erosion. Frequent use of piped cross-drains located underneath the roadcarriageway and connected to open side drains and/or outfall locations on either or bothsides will be a common drainage network feature. These will include ingress/egressstructures for erosion and sediment control. Similarly, where vehicle crossings (from the roadcarriageway to private property) span an open side drain, small box-culverts will be provided.Outfalls in the rural area will typically feature a rock rip-rap mattress for erosion control withinthe road ROW area, conveyed to an open-lined ditch towards an existing waterway. Alldrainage design has and will proactively account for the impacts of climate change, includingclimatic risks such as extreme rainfall events.

F. CCIRUP Route and Affected Properties

24. Originally, the CCIR was a path (simple narrow track) directly linking the centralsouthern coastal area to the central northern area of Upolu Island, where Apia is located. Itwas first surveyed and understood to have been declared a public ROW (gazetted) in 1942.It was again surveyed from 1963 to 1964, as Plan 2795 and 2796 but was not approved and

8

legally registered pursuant to Section 58 Taking of Lands Act 1964 as a legal ROW with the MNRE until June 1964. The current two lane surfaced road was believed to have been built in 1974. Overtime, it has been progressively upgraded to the existing road that it is, with changes also made to the legal ROW in isolated road sections, but with no apparent major changes to physical road alignment. Similarly, adjacent land development has changed over time relative to the existing physical CCIR alignment, rather than in strict conformance to legal boundary locations.

25. The LTA ACT 2007 legislates a standard 22.0m ROW for key arterial roads ofSamoa, of which the CCIR is one of them. However, as alluded to above, both updating ofthe legal road ROW and adjacent property development has in many instances beenhaphazard and uncontrolled. Recent digital consolidation of both CCIR ROW plans andadjacent property lot parcels for the entire project road alignment (20km) has revealed thatabout 10% (2km) of the ROW is currently 10.0m wide, 20% (4km) at 15.0m wide, 65%(13km) at 20.0m wide, and 5% (1km) at wider than 20km. While most of the registered CCIRROW is close to the LTA Act 2007 standard of 22.0m, about 32.5% (6.5km) of the existingphysical road is located outside of the registered ROW corridor. This misalignment situationis commonplace over the last 10km i.e. from about the road crest in the highlands to the endpoint at the South Coast Road intersection in Siumu.

26. As previously mentioned, the LTA and ADB resolved to target a nominal ROW widthof 16.0 m, thus minimizing both environmental and social i.e. resettlement impacts. Thenewly upgraded road will generally follow the centerline of the existing road and minorimprovements will primarily be made for safety reasons. Because of this, the road centerlinewill be slightly shifted (improved) in both horizontal and vertical planes.

27. While there will be no need to resettle people or major structures e.g. houses as aconsequence of the proposed upgrade, land parcel areas still need to be acquired byGovernment from private and customary owned adjoining lots in order to accommodate thenew road access upgrade requirements. Existing privately-owned physical assets within theROW (e.g. fence lines, hedges, trees, etc.) will also need to be removed or relocated.

28. In addition to land acquisition and removal/relocation of fixed assets, property owneragreement will also be needed for drainage outfall easements. Drainage easements arenecessary for instances where road rainfall runoff needs to be conveyed to an existingwaterway outside of the existing ROW. Three such easements are required for the first 3km,and numerous more for the remainder of the alignment.

29. Initial estimates under ERAP revealed that there were about 35 affected propertieswithin the first 3km of the CCIRUP, and a further 35 for the next 8km (up to 11km). Impactsare higher in the first 3km as this is the most densely populated physically enclosed area,being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it isgenerally further away from the existing road, and it is dominated by the above mentionedlarge customary land area.

II. SCOPE OF LAND ACQUISITION

A. Overview of Land Ownership in Samoa and along the CCIR

30. The islands of Samoa cover a total area of 2,800 km² over two large (Upolu andSavai’i) and two small islands. Of this total land area, 81% is held under customaryownership, 15% by the government, and 4% as freehold. Dictated by blood connections,every Samoan male has rights to land that will provide him with a means to earn a living andsupport his family. This customary tenure can be challenging to deal with for developmentpurposes as there may be several stakeholders involved in land related decisions and

9

boundaries may also be unclear. This can result in disputes which subsequently delay development projects. Land Tenure or categories under the Constitution Article 101 outline three types of ownership. These are reflected in Table 2.

Table 2: Land Ownership Types in Samoa

S. No. Land Type Description

1 Freehold Privately owned. Can be transferred, leased, mortgaged or otherwise.

2 Government Government owned/public lands. Can be leased and in certain circumstances transferred.

3 Customary Under customary ownership. Protected by the constitution for the "customs and usages" of the people of Samoa. Customary land is owned by the community in accordance with traditional custom and usage and may be leased but may not be otherwise sold or transferred. Expropriation by the Government for projects for the public benefit is permitted by law.

Source: Constitution Article 101

31. Information regarding customary land boundaries are handed down through a familyby word of mouth and in some cases mapping. A considerable proportion of customary landis communally owned land by villages and aiga (family). Customary land can be awardedthrough historic claims and by family genealogy and connections. Communal village land isgoverned by the village “Fono” (council) and is comprised of:

(i) Village controlled customary land. Normally the undeveloped hinterlandthat is used by all members of the village; and

(ii) Land allocated to each extended family member. For their houses orfarming. Extended family land is allocated by the “Sao” (chief matai) inconsultation with members of their extended family.

B. Scope and Rationale for Land Acquisition/Resettlement

32. Samoa's road network provides vital connectivity links that supports the country'sdevelopment through providing access to economic activities and necessary services for thepopulation. Yet this road network faces a range of vulnerability issues, including:

(i) Coastal exposure to sea-level rise, storm surge and wave action duringcyclones and other extreme events;

(ii) Inland flooding and landslips during extreme rainfall events; and(iii) Road pavement deterioration due to extreme weather events and sporadic

road maintenance regimes.

33. The CCIR is the main link connecting Apia to many of the main tourist attractions forlocals as well as international tourists on the southern coast of Upolu. It also provides for theday-to-day well-being of the people residing along and to the south of the island, increasingtheir access to economic activities and social services in the main urban hub of Apia.

1. Land Use Dimensions of the CCIR

34. Land use is predominantly classed as urban for the initial 4.5 km. Most of the urbanarea is included in Package 1 (up to KM 3+127) and a further 1 km is included in Package 2(up to KM 4+420). This road segment traverses three villages; namely Vailima, Avele andVaoala. This section includes a mixture of residential, commercial, public facilities andgovernment buildings. Commercial areas include hotels, restaurants and grocery stores.Community facilities including schools and churches and governmental institutions as well asthe Secretariat of the Pacific Regional Environment Programme (SPREP), the Department of

10

Forestry, the Scientific Organization of Samoa, the US Embassy, and the New Zealand High Commission (NZHC). While much of the land along this segment is freehold, there are a number of customary land allotments scattered throughout.

35. The area between KM 4+420 and approx. KM 6+000 is relatively less built-up. FromKM 6+000 to the project end point (KM 19+686) adjacent land use includes scatteredresidences, institutions, resorts, and mixed-use farmland. This section is considered to beclassed as rural but for all intents and purposes KM 4+420 onwards is considered as a ruralenvironment. Customary land is slightly more prevalent in the rural environment, with adistinct notable section from approximately KM 11+000 to the end point that is currentlyborderless according to cadastral mapping.

2. Current Road Concerns and Recent CCIR Improvement Efforts

36. Current road condition. The current state of the CCIR varies, but it is generally inpoor condition. The first 3km was in a poor state, however, LTA did intervene in 2018 bycommissioning asphaltic concrete road overlay works. This improved the ride quality of theroad and in many cases, provided an additional width of trafficable carriageway. Someresidents assumed that was in fact a result of the planned road upgrade itself, but it is onlytemporary in nature and in advance of the road upgrade works proper being implemented(the Project). Furthermore, some parts of this overlay have deteriorated with noticeableirregularities in the pavement. The CCIR is characterized by the following generaldescription:

(i) Urban residential area with a number of businesses scattered throughout,often close to the roads edge;

(ii) Narrow traffic lanes that barely cater for two cars in some places;(iii) Steep and often unsafe large open drains in close proximity to the edge of live

traffic lanes;(iv) No footpaths or places for pedestrians to walk safely. Many students walk

dangerously along the road’s edge to go to school or a bus stop. Thissituation is made worse in the locations where large open side drains alsoexist;

(v) Insufficient width and opportunity for safe vehicle overtaking. As is often thecase, a slow-moving vehicle will cause traffic to back-up while awaiting suchopportunity, or for the vehicle to depart the CCIR;

(vi) Patchwork road surface repairs, both old and new. This often includes utilityowners installing new services under the road without proper road pavementand surfacing reinstatement;

(vii) Inadequate drainage along much of the road resulting in deluges of muddywater and even rubbish draining onto properties in the lower lying areas, aswell as on to the road carriageway; and

(viii) No formalized bus stopping areas. This results in buses stopping along theroad when requested by passengers, which also causes traffic congestions atpeak times.

37. Traffic. Based on traffic counts recorded at the same locations in 2007, 2013, andmore recently in 2018 plus other socio-economic factors CCIR traffic is estimated to grow ata rate of 3.5% per annum. This growth in traffic indicates the importance of this road forcommuters, and consequently its access and safety are critical. The 2018 traffic countsindicate that there are presently about 7,000 vehicles per day (vpd) using the CCIR in thebuilt-up urban area of Apia and about 1,350 vpd for the remainder of the alignment. Heavyclass vehicle (HCV) use of the CCIR is limited due its steep and winding gradient and

11

alternative routes of the West and East Cross Island Roads to the south coast from Apia in the north. The only HCVs regularly using the CCIR are the island’s distinctive buses1.

38. Climatic impacts. In December 2012, Samoa was struck by Tropical Cyclone Evan(TCE). TCE caused substantial damage and destruction to life and infrastructure, with some4,250 people being temporarily displaced. Physical damage and economic losses totransport infrastructure, houses, and tourism facilities were estimated to be about $210million. The CCIR was heavily impacted, as it was temporarily severed (cut-off) in severallocations. One local resident along the broader stretch of the road noted the followingchallenge affecting his family during TCE in 2012: “My son was sick requiring a bloodtransfusion before the cyclone hit. I took him for treatment to the hospital but was not able toreturn home due to the road being cut off in several places”. In the period directly followingTCE remedial efforts of the LTA restored road access by upgrading five severely affectedroad sections. These were implemented by the LTA as emergency works using several localcontractors. The CCIR remains vulnerable to the impacts of climate change and climaticevents. The highest climatic risks to the CCIR include extreme rainfall events and high meanannual rainfall2. The proposed road design will mitigate exposure of the CCIR to these risks.

39. Given the current poor condition of the CCIR, its narrow width, large number of trafficcommuters, and a need to provide a safe and efficient access route to Apia for residents andvisitors from the southern side of Upolu, the government seeks to rehabilitate and upgradethis critical road link. The CCIR remains a critical link for access to/from the south coast andApia; especially as a direct-direction mode of travel to either coast or the high-elevationhinterland in the event of significant climatic event to either coastline or side of Upolu Island.

3. Measures to Minimize Land Acquisition Impact

40. Land acquisition and resettlement for the project will be carried out in compliancewith the relevant National laws and ADB’s safeguards policy for acquiring land and otherassets. Under ADB’s Safeguard Policy Statement, 2009, the policies require that:

(i) Impacts are identified and assessed early in the project cycle;(ii) Plans to avoid, minimize, mitigate, or compensate for the potential adverse

impacts are developed and implemented; and(iii) Affected people are informed and consulted during project preparation and

implementation.

41. Thus, the strategy for the project is to avoid resettlement impacts wherever possibleand minimize land requirements by confining the project’s construction works to a nominalROW width of 16.0 m. This is the narrowest ROW width recommended for CCIRUPadoption. While no resettlement of people or major structures (e.g. houses) are required, itwill nonetheless inevitably be necessary to formally acquire land and other assets for roadwidening, footpaths and raising of road embankments. To address these resettlementimpacts, land and asset acquisition, this RP has been developed.

C. Summary of Impacts

42. There are 159 land lots that will be affected by the project. In order to minimizeimpacts on assets, land will be acquired on both sides of the road, with approximately130,322m2 of land needed. The project will also require extending easement areas, totaling6,021m2, however there will not be a requirement to change the ownership of this land.

1 SMEC, 2019. Economic Analysis Report, CCIRUP. Apia

2 SMEC, 2019. Climate Risk Vulnerability Assessment, CCIRUP. Apia

12

43. There are more affected lots within the 1st 3km of the CCIRUP, and for the next 8km(up to 11km) – as these lots tend to be small in size as they are in the urban area. Impactsare higher in the 1st 3km as this is the most densely populated physically enclosed area,being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it isgenerally further away from the existing road, and it is dominated by the above mentionedlarge customary land area.

44. There are no impacts on house structures, and as a result there will be no forcedphysical displacement. The majority of impacts to assets consist of fences and hedges, anda lesser extent productive trees and small structures. Considerable effort has been made todetermine the ownership type of affected land lots, with roughly 60% of lots still to beconfirmed. Once landowners have been confirmed by MNRE, then a detailed census andsocio-economic survey of affected landowners and asset owners will be conducted – withthe results presented in the Final RP and/or Updated RP. Table 3 provides a generalsummary of impacts due to the Project.

Table 3: General Summary of Impacts

Type of Impact Impact

Nuisance effects Noise Dust Traffic delays Parking issues

Safety Traffic with large trucks Occupational health and safety concerns – protective clothing on site

Land acquisition Need to acquire area of land to extend the road and road edge to a nominal ROW width of 16.0 m Need to remove or relocate some hedges, fences, trees and a few temporary shelters i.e. roadside vendor stalls

Local unskilled and semi-skilled labor opportunities

Local procurement recruitment policy can be built into CEMP and maintenance – opportunities for labor, catering, cleaning and roadside maintenance

45. Table 4 provides a summary of indicative resettlement impacts due to theProject.

Table 4: Summary of Indicative Resettlement Impacts

Type Category Subcategory Unit Quantity

Impacts Affected Land Lots No. 159

Land Acquisition Freehold sqm 36,744

Government sqm 8,360

Customary sqm 7,249

TBC sqm 77,978

Total land to be acquired sqm 130,322

Easement Freehold sqm 1,401

Government sqm 1,615

Customary sqm 358

TBC sqm 2,647

Total land to be used for new easements

sqm 6,021

Incoming Earning

Productive Flora Lots with affected productive trees and crops

No. 22

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Assets

Productive Small shelters e.g. road-side vendor shacks

No. TBC

Structures Private property business purpose carparks

No. TBC

Other Assets Ornamental Flora

Garden e.g. small trees, bushes, ferns, flaxes, flower beds, etc.

sqm TBC

Non-productive Fences No. 78

Structures Fence – chainlink mesh lm 12238

Hedges No. 124

Hedge – hibiscus & other plant types

lm 4588

Minor structures No. 5

Historical/heritage Monuments, tombs, graves or heritage sites

No. 0

sqm = square meter, No. = number, lm = lineal meter. Source: Consultant/LTA/MNRE estimate 2019

D. Impact Assessment

1. Overview

46. No severe impacts have been noted to date, and no further ones are expectedthroughout implementation of the Project. While residents and commuters alike willexperience some nuisance, safety and income generation impacts (e.g. roadside vendors)during the implementation phase of the project, all those consulted emphasized that theupgrading of the road was their priority. They requested that it be upgraded as soon aspossible.

47. Resettlement (relocation of people and/or major structures such as houses) has beenavoided in the CCIRUP, and the majority of negative impacts will be able to be relocatedelsewhere or rebuilt.

2. Impact on Land and Vegetation

48. The following types of land will be required for the CCIRUP:(i) Type 1 – Permanent acquisition of land. For construction and operation of

the CCIRUP;(ii) Type 2 – Temporary occupation of land. For the construction of the

CCIRUP. This generally includes land parcels that are within the confines of aprivate freehold or customary land cadastral boundary, but that are physicallylocated within the visible ROW. For example, where an existing fence line islocated well within a property lot rather than at the formal boundary line. Insuch instances, road civil works would occur up to the fence line rather thanboundary line. Another example of temporary occupation is where proposedvehicle crossings will need to be graded further into the affected property;

(iii) Type 3 – Permanent return of land. This is land desired to offsetlosses/impacts from other locations that may have previously been acquiredfor the ROW however was not utilized. This is due to the road not followingthe ROW in some areas. LTA is responsible for the acquisition/expropriationprocess for this type of land. There are some examples of this type of land inthe southern section of the alignment where the existing physical road doesnot follow existing cadastral boundaries/ROW. Legal advice was sought fromMNRE and the GOS has indicated that this will be addressed prior to thecommencement of the project; and

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(iv) Type 4 – Easements for drainage outfalls. These do not require formal acquisition i.e. complete ownership by/transfer of land title to the government but do require granting of certain access rights by the incumbent property owner to the government for purposes of installing and thereafter maintaining the outfall and all associated infrastructure. Drainage easements apply to both freehold and customary lands.

49. Needs for land acquisition and removal of vegetation is limited to the periphery of the existing CCIR and in many cases for land, due only to the fact that the existing ROW is inconsistently established to begin with. For example, in some instances the existing ROW is as narrow as about 10.0m. Relatively minor needs for land acquisition and removal of vegetation relate to road realignment improvements for safety reasons.

50. A number of land easements for drainage outfalls will be required but their impact is minimized due to the fact that:

(i) The entire urban area (1st 4.5km of the project alignment) will be drained through buried piped outfall structures terminating at the edge of the deeply incised Vaisigano River ravine; and

(ii) The entire rural area will predominately drain to existing open field areas where water can easily be conveyed as overland flow to existing waterways. In some instances, formed V-ditches will be required within these privately-owned fields to encourage positive flow of road rainfall runoff towards the intended existing waterway. In such instances a formal easement may however not necessarily be required.

51. Due to current poor road condition, narrow width, and safety concerns residents have overwhelmingly indicated that an upgraded road is of utmost importance, to the residents and commuters as indicated in the responses throughout the Minutes of the public meeting in Appendix 1. Hence the road upgrade is recognized by the respective communities to bring a positive impact.

3. Impact on Structures

52. Privately owned fixed assets will also require removal. In some instances, such as for simple chain & wire mesh boundary fences, these may alternatively be relocated. These assets may already be within the existing ROW or outside of it. Commonly occurring existing fixed assets that will require removal include:

(i) Fence lines of various forms e.g. chain & wire mesh, ornamental, concrete block, agricultural, and hedges. Fences range from barbed-wire fences to corrugated iron, mesh wire, chain-link, and concrete block fences. They also include a number of hibiscus hedge fences; and

(ii) Temporary structures i.e. small road-side vendor shacks. 4. Impact on Income Generation

53. Most impacts on income generation have been cited as positive after the initial construction of the CCIRUP. These impacts are largely of a temporary nature and relate to the nuisance effects of the CCIRUP implementation. Income related impacts also relate specifically to commercial businesses along the road.

54. Key impacts on income generating capacity of residents and businesses are likely to be as follows:

(i) Farm produce transportation. Those farming communities on the southern side of Upolu will during construction face temporary disruption in transporting their produce to Apia markets. This will mean a longer drive through the Alafa’alava Road. A notice will be prepared if temporary closure of the CCIR

15

is required during construction with the suggested detour through Alafa’alava Road. This will provide detour information as well as inform residents along this detour road of the potential heavier traffic. This impact will be minimized through sound temporary traffic control (TTC) practices of the civil work contractor/s, as supervised and regularly monitored by the construction supervision consultant (CSC) and LTA. Heavy trucks currently avoid the CCIR due to its steepness and safety concerns, hence this will be of limited concern;

(ii) Clientele Visits. Disturbance along the road during construction may deter clients from visiting businesses such as shops, accommodation (hotel and motels), and restaurants. This is particularly relevant for Package 1. This impact will be minimized in the same manner as explained above i.e. through sound TTC. Additionally, the contractor/s will be required to maintain access to such businesses during normal operating hours, and to closely coordinate and agree to any required temporary closures; and

(iii) On-street parking. Due to the currently informal nature of the CCIR regulations, road users are more or less free to park on the roadside in any given location. This will not be possible in many locations following the upgrade, especially so for within the urban environment where a continuous unmountable kerbline will be installed on either side (the rural environment will, conversely, include 2.0 m wide unsealed shoulders, although roadside parking is not the intent of shoulder provision). Restricting roadside parking is however seen as a major benefit to the Project as it mitigates safety concerns associated with sporadic on-street parking practices. An additional income loss mitigation measure is to also replace what has been termed by the road designer as commercial crossings as ‘like-for-like’ i.e. those businesses that currently have a wide CCIR frontage together with off-street parking, will be maintained as such.

55. The following are positive income impacts of the CCIRUP on income generation:

(i) Rapid income loss recovery. With improved road conditions, the local businesses will recover losses in the short term as people will rapidly resume travel to the area once the road conditions improve. In fact, the road upgrade may bring in increased clientele;

(ii) Farm produce transportation improvements. Those farmers who transport small amounts of product to Apia markets from Siumu and other local areas will have an improved road to travel. This is considered important by respondents as they currently consider the road a safety concern as well as causing considerable wear and tear on their vehicles which are often purchased second hand. The Siumu community indicated that they carted produce such as taro, coconuts and fish to local markets as well as to the Apia market. They also export some taro which must be packed safely in a container in Apia. Hence an upgraded CCIR can assist in improving the cost effectiveness and efficiency of income generating activities; and

(iii) Enhanced visitor perception. With improved road conditions, tourists will have a more comfortable travel experience to the resorts on the southern coast, and potentially a better perception of Samoa.

5. Income Opportunities and Restoration

56. During the construction stage vulnerable APs will be given preference over other recruits to become engaged in project activities suitable to their skills. In order to make the APs employable, LTA will identify required skills for construction activities prior to commencement of the civil works and identify an experienced consultant to conduct the

16

training to men and women that are interested. Note that such training will follow the specific scope of works. The civil works contract document will include a provision for local procurement opportunities under the social safeguard requirements and encourage both men and women to apply.

6. Impact on Common Property Resources

57. The customary land in the villages comprise the common property resources forming the basis of a communal benefit system. There is a strict code of controls, management, utilization and access under the auspices of the chiefly (matai) system. While the road development will need to purchase lengths of customary land along the existing road, the final decision for this land acquisition will be made by the paramount chief of the relevant village, rather than the land resident. Consultation with customary landowners suggested the following actions are important to ensure that land acquisition of customary land operates seamlessly:

(i) Respect and follow cultural protocols. Ensure that cultural protocol is maintained during construction. That is: consult with community pulenu’u (mayor) and matais (chiefs), letting them know what land is required, progress is being made or any constraints that may affect the community; Curfew times within villages must be observed and respected.

(ii) Customary leader site visit(s). This includes bringing the customary leaders to the proposed affected areas and gaining their insights into land acquisition requirements, where signage, bus bays, solar lighting, road humps and other potential safety features during design to ensure that their inputs are included. Once the customary leaders approve the land acquisition, the decision is final and cannot be overturned; and

(iii) Security. Where possible, utilize community members for such roles as security, unskilled and semi-skilled labor roles in road construction. Stow construction equipment below pulenu’us place in Siumu for safe keeping.

7. Gender impacts

58. Men and women have quite different travel patterns, modes of transport access and utilization of infrastructure. This has been showcased through this proposed CCIRUP to also be the case in Samoa. For example:

(i) More women than men use the buses that commute along the CCIR to Apia (bus drivers 2018);

(ii) Safety concerns exist in terms of use of road, transport methods and personal safety concerns. This is further discussed in the Rapid Gender Assessment;

(iii) Employment in terms of local construction opportunities are more likely to favor men. However, there are some areas that women can also contribute through such avenues as: food catering services; cleaning services and roadside maintenance. Note that few vendors have stalls (approximately 1-3) along the CCIR and these sell farm produce and are managed by any available family member. The roadside stalls are not the favored means to sell produce in this area;

(iv) In terms of freehold land, payment will go to the owner. Under customary land ownership, land is registered under the Chief of the day or Chief (extended) of the family (aka in Samoan – Sa’o). Given there are no female chiefs in Siumu the male chiefs will receive the immediate compensation, and women’s interests are protected under the village system; and

(v) Communities along the CCIR have reiterated the importance of using local labor for construction. Foreign companies are not favored unless they speak English and respect the fa’a Samoa. This will not only provide local

17

procurement opportunities but also decrease the risk of spreading such diseases as STDs including HIV/AIDS.

III. SOCIOECONOMIC INFORMATION AND PROFILE

A. Overview of Socioeconomic Information on Affected People

59. A socioeconomic profile has been developed. It is reflected in the separate InitialPoverty and Social Assessment (PSA) and is recommended to be read in association withthis RP. However, a summary of key socio-economic variables relevant to the CCIRresidents which will include those APs is summarized below in Table 5.

60. While the exact number of affected persons along the CCIR is not yet known, untilland ownership type and records is completed, based on the final design, those directlyaffected by loss of land, and assets will be kept to a minimum by only taking the basic ROWto 16m2.

Table 5: Community Characteristics

S. No. Community H

ou

se

ho

lds

P

op

ula

tio

n

M

ale

F

em

ale

P

ers

on

s w

ith

Dis

ab

ilit

y

Predominant Churches

Land Ownership

Cu

sto

ma

ry

(fa

mil

y u

nit

s)

Fre

eh

old

(In

div

idu

al)

Go

ve

rnm

en

t

1 Leufisa 34 235 112 123 CCCS 15 19

2 Tanugamanono 133 855 433 422 CCCS/Methodist 65 63 3

3 Nafanua 51 374 193 181 Methodist 49

4 Papaloloa 38 257 124 133 AOG 8 27 3

5 Papauta 55 431 184 247 CCCS/Methodist 21 34

6 Vailima 129 825 418 407 CCCS/CCJS 65 62 2

7 Avele 62 407 199 206 36 CCCS/RC 21 39 2

8 Letava 103 591 297 294 Apostolic 29 72 2

9 Vaoala 180 952 468 484 21 CCCS/RC/

Baha'i/LDS 39 138 3

10 Tiapapata 44 150 81 69 Baha’i 3 40

11 Malololelei 54 258 132 126 5 47 1

12 Afiamalu west 31 53 29 24 19 12

13 Afiamalu east 10 147 78 69 8 2

14 Tiavi 1 8 6 2 1

15 Siumu 178 1184 621 563 37 LDS/AoG/Meth 146 32

16 Siumu Uta 49 304 156 148 LDS/AoG/JW 40 9

1,152 7,031 3,531 3,498 94 1,146 484 646 16

AOG = Assemblies of God, CCCS = Congregational Church of Samoa, CCJS = Congregational Church of Jesus in Samoa, LDS = Latter Day Saints, RC = Roman Catholic. Source: Census 2016, p36

3

3 http://www.sbs.gov.ws/index.php/new-document-library?view=download&fileId=2337

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B. Occupation and Income

61. Affected persons cover a wide variety of occupations. This area has less unemployment than most other areas across Samoa, especially those residing along the peri-urban section of the road. With close proximity to Apia the unemployment rate is only approximately 4-6 percent among the CCIR population (Samoa Socio-economic Atlas 2011).

62. While specific data is not available pertaining to the income levels of the CCIR residents, the proximity of the 1st 5 kilometers of the road to Apia can suggest that at least 41 percent of those living directly on the CCIR or nearby are situated in the highest wealth quintile, as shown in Table 6 below (Samoa Bureau of Statistics 2015). Furthermore, the MOF Quarterly Review No.77. 2018, suggests that the annual GDP per capita in Samoa in 2016/2017 reached SAT$10,467, the highest recorded. Given the cost of freehold land and the affluence of the households and businesses along at least the 1st five kilometers of this road, it is likely that the annual GDP per capita of a significant percent of local residents (including CCIR APs) may be significantly higher. Furthermore, with a number of embassies, international organizations (for example, SPREP), large churches and educational facilities along the 1st 5 kilometers of the road, there are considerable income generating facilities contained. 63. However, also situated along the CCIR are a number of households that predominantly carry out farming activities in rural areas (especially subsistence farmers and some employed by church farms) as well as the smaller retail outlets which are likely to have limited incomes. In rural communities such as Siumu, household income can average between $150 -$400 a week (VGA consultation 2019). Consultation with a women’s group of fourteen Siumu women reported: that none of them worked full-time; and two were Female Headed Households (FHH), suggesting a percentage of CCIR stakeholders also fall within the lower wealth quintile. 64. While these women may not be directly impacted by CCIRUP, they are important to consider for livelihood development opportunities generated by the CCIRUP.

Table 6: Wealth Quintiles

Residence /region

Wealth Quintile

Lowest Second Middle Fourth Highest Total Population

Residence Urban Rural

4.9

23.5

8.9

22.7

13.6 21.6

29.0 17.9

43.6 14.3

100.0 100.0

4,803 20,172

Region Apia Urban Area North West of Upolu Rest of Upolu Savaii

4.9

21.7 24.3 25.5

8.9

18.8 26.3 24.7

13.6 19.9 22.4 23.2

29.0 17.9 17.9 17.8

43.6 21.8 9.1 8.8

100.0 100.0 100.0 100.0

4,803 8,493 6,039 5,641

TOTAL 20.0 20.0 20.0 20.0 20.0 100.0 24,975

Source: Samoa Bureau of Statistics, 2015

C. Health and Education Services

65. The CCIR provides access for the southern coastal villages to the main hospital and the majority of schools especially high schools which are based within or near Apia. While there are several clinics scattered throughout villages, the access to doctors and health care is through the hospital in Apia. The CCIR is an important access route for many to these facilities. 66. A few schools are located along or proximate to the CCIR. The Vailima Primary School situated on the roads edge in Vailima is the most affected school on the CCIR. It has

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352 students many of whom travel by bus to school. These children currently face safety concerns as there is no safe bus or car stopping bay near the school.

IV. LEGAL POLICY FRAMEWORK AND ENTITLEMENTS

A. Introduction

67. The government has limited power of ‘eminent domain’, which is the power of the government to take private property and convert it for public purpose. This section outlines the relevant legal and regulatory environment in Samoa which sets the mandate for involuntary land acquisition, consultation and negotiation, compensation entitlement, and grievance resolution.

68. This chapter briefly discusses:

(i) The key laws, regulations and policies as they are applied to land acquisition for public development projects;

(ii) The legal and policy commitments as applied to LTA as the implementing agency for the different types of land acquisition and/or displaced persons;

(iii) Gaps between national laws and ADB operational policies; (iv) Evaluation of land/asset compensation which also outlines the principles and

methodologies to determine valuations and compensation rates at replacement cost for land, assets, incomes and livelihoods. The compensation and assistance eligibility criteria as well as how/when compensation will be provided; and

(v) The land acquisition process with a proposed schedule for meeting identified requirements.

B. Government Land Acquisition Legislation

69. The key legislative instruments relevant to the CCIRUP activities and consequently environmental and social safeguards pertinent to the CCIR are briefly summarized in Table 7.

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Table 7: Government Legislation and Policies Relevant to Social Safeguards

Legislation Key Principles Relevant Mechanisms

The Constitution Article 102 of Constitution authorizes (under an Act of Parliament) the taking of any customary land or any interest therein for public purposes, hence the TLA 1964.

Does allow for compulsory acquisition for public purposes with the following provisions:

Compensation payment within a reasonable timeframe.

Right of access to the Supreme Court regarding amount of compensation.

Right of appeal to the Supreme Court.

Taking of Land Act 1964

Establishes the taking of lands for "public purposes" (i.e. taking of freehold or customary land).

This Act mentions easements - a proclamation is the basis for acquiring an easement.

It also provides for compensation entitlements (s11, 25, 37).

Once land is identified for acquisition a survey and plan is carried out to properly identify the land to be taken. Subsequently, reasonable notice must be given to the owner or occupier of freehold land or the matai who has the authority over customary land.

Public notice of 28 days is allowed for any objections.

If no written objection is received, the Minister may take the land by Proclamation.

Property Law Act 1952

Part IX deals with easements and provides for easements in gross (s122)8;

Power of the courts to modify or extinguish easements (s127); and

Permission for the court to impose easement for encroachment (s129).

Land Titles Registration Act 2008

(and regulations)

Regulates the property title registration system and rules for land transactions:

Part 9 details easements and deed of restriction due to easements; and

Part 13 outlines government compensation.

Terms also describe landowner responsibilities to minimize disturbance over the land and to restore the land, as nearly as practicable to its original condition:

Section s67(3) allows a deed of restriction to be registered; and

Section 68-69 details the procedure for the release, modification and extinguishment of easements and restrictions as to user.

This Act does not apply to customary land (customary

lands cannot be registered) but it does apply to registration of leases and licenses of customary lands.

Includes the type of water allowed to flow across/under the land, how infrastructure (such as drainage pits, open channel drains) can be maintained and accessed, and responsibility of dominant tenement to restore the land to its original condition after any service or maintenance.

Easements must be registered to be considered legally valid

Survey Act 2010

(and Requires existing and proposed easements (either easements in gross, or dominant or servient tenement) to be clearly shown on a survey plan (s19, 24).

Clear inclusions for design mapping

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Legislation Key Principles Relevant Mechanisms

regulations)

Taking of Land Act 1964

The Act is silent on easement or ROW, permitting the leasing and licensing of customary lands for certain authorized purposes. Any issue on easement would come under discussion for terms and conditions for lease agreement.

May add an element of ambiguity into negotiations for customary land acquisition

Land Transport Authority Act 2007

“41. Road Reserves-

(1) Subject to subsection

(2), the area along the length of a national road being 11 metres on each side of the centre points of the carriageway shall be deemed to be a road reserve for the purposes of this Act.

(3) Where a surveyed boundary of privately owned land adjoining a national road is within the 11 metre area on either side of the centre point of the carriageway, the road reserve shall extend only up to the line of that boundary.”

“43. Regulations relating to national roads - Regulations may be made:

(a) varying the dimensions of the road reserve …

(e) to prescribe means by which disputes over the existence of road reserves, or by competing users of road reserves, may be resolved.”

“48. Compensation-

(1) Regulations may be made prescribing the payment or assessment of compensation to be paid as a result of any land being acquired for the purposes of this Part...”

“52. Powers of the Authority in relation to the use of roads, road reserves, bridges etc (f) approve the use of any road reserve, including for the provision of utility services...”

A number of clauses which are specifically pertinent and support the RP.

Land Valuation Act 2010

Deals with the practice of land valuations and relevant valuation requirements for the registration and licensing of qualified land valuers.

Valuations for the same area of freehold or customary land are guided by current market value overall.

Samoa Code of Environmental Practice

(COEP)

Set up to improve environmental management of all publicly-financed works in the planning, design and implementation stages - guide and control the ways in which environmental aspects of all civil engineering works and the private sector are managed and addressed

Mandates LTA’s activities in carrying out environmentally-sound practices included in environmental management plans of design, construction and maintenance phases of a road project.

The COEP should be introduced and implemented before the first phase works begin - a condition of project effectiveness.

The Lands, Surveys and Environment Act 1989

Includes the process for the taking of government land, including functions of the land board in administration, management, development, settlement, protection and care of government lands.

Government land is a subclass of public land which is not set aside for any public purpose and includes land which has become the property of the Government to be leased out for certain purposes such as for farming, residential

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Legislation Key Principles Relevant Mechanisms

Survey Act 2010

In Samoa, land within five meters of a natural watercourse (Survey Act 2010) is public land over whose property it flows upon and maintenance of the watercourse is therefore the responsibility of the government. The foreshore reserve is also five metres (Lands Survey & Environment 1989)

and commercial or industrial purposes.

There are a variety of controls under this Act on both leases and sales of Government land.

Planning and Urban Management Act 2004

(public participation)

18. Consultation-(1) The Agency shall consult with all stakeholders where possible and shall provide them with all relevant information on the environment of the planning area

PART VI COMPENSATION. Right to compensation-(1) The owner or occupier of any land may claim compensation from the Government for financial loss suffered as the natural, direct and reasonable consequence of – (a) The land being reserved for a public purpose under a sustainable management plan.

65. Taking of Land Act 1964 to apply - Part III - any necessary adaptions and changes, applies to the determination of compensation.

Purpose of development planning such as roads – must inform and consult with affected landowners.

Supports rights of owners to compensation for Taking of Land for roads.

Ministry of Works Act 2002

39. Designating public roads and road reserves – “(d) Subject to subsection (3), the area

along the length of the road being 11 meters on each side of the centre points of the carriageway shall be deemed to be a road reserve...”

42. Identifying areas required for roads, drains, bridges and seawalls – “(1) The Minister

may make written determinations specifying areas of land required for road development or for the construction or development of other public assets...”

43. Restrictions on using areas required for roads, etc. – “(1) No person, without the prior

written consent of the Minister, may erect, alter or extend any building or structure of any description on land to which section 42(1) applies...”

45. Compensation –

“(1) The Head of State, acting on the advice of Cabinet, may make Regulations concerning the payment or assessment of compensation to be paid as a result of any land being acquired for the purposes of this Part...”

“(2) Regulations made under subsection (1) shall relate specifically to the compensation implications of road development...notwithstanding that they may conflict with any provision of Part III of the Taking of Land Act 1964.”

“(3) The Minister may, after consultation with the Minister responsible for Agriculture and the Minister responsible for Internal Affairs, approve a scale of compensation to be paid in relation to the destruction of any plants or crops caused due to road development or the development of other public assets to which this Act applies.”

“(4) No action may be maintained in any court for compensation relating to the destruction or removal of plants and crops which exceeds the amount prescribed in the scale of compensation approved under subsection (3), as it applies at the relevant time.”

A number of terms pertinent to the road reserve of 11 metres each side of the middle line.

Compensation in support of Taking of Lands Act 1964.

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Legislation Key Principles Relevant Mechanisms

Water Resources Management Act 2008

“the sustainable management of the water resource through coordinated and scientificallysound planning of water resource development and regulated water utilisation for alllawful purposes;”

“Require that certain matters relating to the water resource be considered in theassessment of environmental impacts of proposed developments required under theEnvironment Impact Assessment requirements applying under the Planning and UrbanManagement Act 2004, and any other applicable law;”

“State control of water resources-(1) The sole right to permit the use of water……..and to otherwise manage and control such waters, remains vested in the Government;” and

“The Ministry shall have the right to use the water resource for any purpose associatedwith the protection or management of the environment, where such use is consistent withthe Samoa Water Resource Management Plan.”

Management of outfalls for the purpose of road sustainability

Management of underground water drainage networks

Samoa Water Authority Act 2003

“To erect or make use of, on or under any roads, ways or other public or other places andany buildings, structures, machinery, manholes and other entrances, light and lamp holes,ventilating grids and such other works and things for the efficient sanitary drainage of anylocality, or for the supply of water thereto in accordance with law;”

“To utilise any natural watercourse for the discharge of overflows from any of its facilities,in accordance with law;” and

“To purchase or otherwise acquire and maintain such personal and real property,easements and rights of way as the Authority may deem necessary for the furtherance ofits functions.”

Relevance associated with road design as well as outflow management.

Customary Land Advisory Commission Act 2013

Amends:

The Alienation of Customary Land Act 1965 31 December 2014[LEX-FAOC035512] to a small extent.

Provides for establishment of Customary Land Advisory Commission which will:

Recommend to Cabinet measures to facilitate,encourage and promote the economic use ofcustomary land in Samoa; and

Review all laws affecting customary land in Samoaand recommend change to Cabinet to facilitate,encourage and promote the economic use ofcustomary land.

COEP = Code of Environmental Practice, LTA = Land Transport Authority, RP = Resettlement Plan. Source: Relevant Acts & Regulations; West Coast Road LARF; Consultant’s World Bank funded ERAP draft resettlement document.

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C. Government Legislative Compatibility to ADB Safeguards Requirements

70. While land tenure in Samoa is based predominantly on customary land (81%) with asmall yet growing freehold land proportion, the national laws and regulatory framework areconsistent with the principles as described under the ADB’s Safeguard Policy Statement,2009. Table 8 highlights the main pertinent legislation to land acquisition necessary for theCCIRUP as well as its compatibility/comparability to the ADB’s Safeguard Policy Statement,2009.

Table 8: Government Legislative Compatibility to ADB Safeguard Requirements

Government Legislation ADB Safeguards Comment Policy gap filling measures

Part IIA Taking of Land Act 1964 (TLA) Section 24F note the following ‘…..the Minister or his officers, workers or others by his direction shall do as little damage as may be …..’

Avoid adverse impacts of projects onthe environment and affected people,where possible.

Minimize, mitigate, and/orcompensate for adverse projectimpacts on the environment andaffected people when avoidance isnot possible.

They support each other in minimising damage in taking land yet under GOS legislation there is no provision specifically for livelihoods resettlement

Requires explicit efforts to recognize and address negative impacts on livelihoods of APs – in particular

– localprocurement andmaintenance

TLA Part IIA Section 24F: Any estate owner suffering from land acquisition shall ‘ …..be entitled to full compensation to be ascertained in the same manner as compensation for land taken under Part III of this Act’

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

land-based resettlement strategieswhen affected livelihoods are landbased where possible or cashcompensation at full replacementvalue for land when the loss of landdoes not undermine livelihoods.

prompt replacement of assets withaccess to assets of equal or higher value.

prompt compensation at fullreplacement cost for assets thatcannot be restored.

additional revenues and servicesthrough benefit sharing schemeswhere possible.

No provision specifically for livelihoods – however land compensation can support ADB Safeguards

Requires explicit efforts to recognize and address negative impacts on livelihoods of APs – in particular

– localprocurement andmaintenance

TLA Section 14 stipulates ‘public notification and specifically requires direct notification of each owner, occupier and person having an interest in the land’ or their agent.

Carry out meaningful consultationswith APs, host communities, andconcerned NGOs.

Inform all displaced persons of theirentitlements and resettlementoptions.

Ensure their participation in planning,implementation, and monitoring andevaluation of resettlement programs.

Particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children and those without legal title to land and ensure their participation in consultations.

While consultation is stipulated in both, GOS fall short in the timing, the depth and the target audience. ADB is more inclusive of vulnerable people who may or may not be the legal owners

Consultations should follow ADB safeguards policies regarding consultations

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Government Legislation ADB Safeguards Comment Policy gap filling measures

Compensation

TLA Part III – Section 25 – the right for ‘full and just compensation for all affected people’ – basis for determining value of affected land

Improve, or at least restore, the livelihoods of all displaced persons through

Land-based resettlement strategieswhen affected livelihoods are landbased where possible or cashcompensation at replacement valuefor land when the loss of land doesnot undermine livelihoods.

Prompt replacement of assets withaccess to assets of equal or highervalue.

Prompt compensation at fullreplacement cost for assets thatcannot be restored.

Additional revenues and servicesthrough benefit sharing schemeswhere possible.

GOS does not include any explicit consideration of livelihoods in determining compensation

Include efforts to improve livelihood opportunities for vulnerable groups – including localprocurement andmaintenance.

Compensation for customary land will follow Samoan protocol and ADB policies of replacement value

Displaced persons only those with formal legal rights to land

Displaced persons:

With formal legal rights to land; and

Ensure that displaced personswithout titles to land.

Or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

ADB much more inclusive – includesthose APswithout legalrights as wellas non-landassets.

Livelihoods clauses will be addressed through local procurement, maintenance and potential entrepreneurial opportunities

ADB policies regarding inclusion of those without formal legal rights to land will be followed

Legislation allows for compensation - not transitional assistance

Provide physically and economically displaced persons with needed assistance, including the following:

If there is relocation, secured tenureto relocation land, better housing atresettlement sites with comparableaccess to employment and productionopportunities, integration of resettledpersons economically and sociallyinto their host communities, andextension of project benefits to hostcommunities.

transitional support and developmentassistance, such as land.development, credit facilities, training,or employment opportunities.

civic infrastructure and communityservices, as required.

ADB takes compensation to include moving and/or transitional assistance where applicable.

No resettlement or transitional assistance required in this project. Temporary local procurement opportunities and relevant hands on training will be provided to affected communities. Further training can be identified on a case by case basis.

Broad definition of impacts regarding taking of lands

Impacts – direct economic and social impacts as well as impacts on the standards of living of displaced persons.

ADB extend impacts to include impacts on standards of living.

Addressed as is pertinent, however standards of living will not be affected

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Government Legislation ADB Safeguards Comment Policy gap filling measures

TLA Section 28 – fair compensation for all displaced people

Improve, or at least restore, the livelihoods of all displaced persons through land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods.

ADB extends terms to include livelihoods replacement /supports.

No displaced persons however additional efforts considered to include activities that strengthen livelihoods of vulnerable APs will be considered

TLA Sections 52, 53 and 54 provide for the exchange of land as compensation in part of in full – ‘…..for the land taken and the damage done if compensation for the same were made wholly in money…’

Land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land

Government and ADB is comparable

No additional action required

TLA section 14 and 14b require public notices to be ‘sent to each landowner, occupier or persons having an interest in the land’ stating governments proposal to take the land and the public purpose for taking the land. Affected people can give written notice of objection to the CEO within 28 days of the first public notice. Section 37 stipulates a cut-off date for the calculation of compensation

Screen the project early on to identifypast, present, and future involuntaryresettlement impacts and risks.

Determine the scope of resettlementplanning through a survey and/orcensus of displaced persons,including a gender analysis,specifically related to resettlementimpacts and risks.

Inform all displaced persons of theirentitlements and resettlementoptions.

Ensure their participation in planning,implementation, and monitoring andevaluation of resettlement programs.

Government and ADB policies consistent – identify DPs early and setting cut-off dates for compensation determination.

No further action required

TLA Section 28 stipulates who can make claims:

Any person (includingexecutor oradministrator) whopossesses or areentitled to lands orestate or has an interesttherein, whether theyhave or do not have thepower to sell andconvey the same.

Any such claim onbehalf of beneficiaries,infants or mentallydefective persons maybe made by a trustee,guardian or committees

If the beneficiary, infantor mentally defectiveperson does not have atrustee, guardian orcommittee in Samoa,the Public Trustee shallbe deemed to theirtrustee, guardian orcommittee…

‘Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land.’

ADB much more inclusive – includesthose APswithout legalrights as wellas non-landassets.

Livelihoods clauses will be addressed through local procurement, maintenance and potential entrepreneurial opportunities

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Government Legislation ADB Safeguards Comment Policy gap filling measures

N/A The full cost of resettlement activities required to achieve the Project objectives are included in the full cost of the Project – like the cost of other project activities are treated as a charge against the economic benefits of the project. Resettlement components need not be economically viable but must be cost effective.

No equivalent clause on the government policy and needs to be integrated into RP if relevant.

Not required as no resettlement

N/A Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

No equivalent clause on the government policy and needs to be integrated into RP if relevant

Not required as no resettlement

LTA Section 27 2(b) The value of the land shall, subject as hereinafter provided, be taken to be the amount, which the land if sold in the open market by a willing seller on the specified date. LTA also stipulates that compensation shall be full and fair.

‘Land-based resettlement strategieswhen affected livelihoods are landbased where possible or cashcompensation at replacement valuefor land when the loss of land doesnot undermine livelihoods.

prompt replacement of assets withaccess to assets of equal or highervalue.

prompt compensation at fullreplacement cost for assets thatcannot be restored.

GOS does not include any explicit consideration of livelihoods in determining compensation

Include efforts to improve livelihood opportunities for vulnerable groups – including localprocurement andmaintenance.

ADB = Asian Development Bank, AP = affected person, NGO = Nongovernmental organization, TLA = Taking of Land Act 1964, RP = resettlement plan. Sources: Adapted from Consultant’s World Bank funded ERAP resettlement document; Gap Analysis of National Legislation West Coast Road 2015; ADB’s Safeguard Policy Statement, 2009.

D. CCIRUP links to Involuntary Resettlement and Compulsory Land Acquisition

71. Following a description of the Acts and any gap filling measures required in Table 8above, the steps to acquiring all types of land is elaborated in more detail in Table 10 underResettlement Implementation Steps. As indicated previously, following the preliminary roaddesign, it has been determined that there will not be a need for resettlement. However, therewill be a requirement to acquire parcels of land along both sides of the road’s edge. Specificaspects of the abovementioned legislation in Samoa relevant to the acquisition of landparcels for the CCIRUP include:

(i) Key legislation in Samoa relevant to involuntary resettlement and compulsoryland acquisition include the Taking of Land Act 1964, the Lands, Surveys andEnvironment Act 1989 (LSE Act), and the Codes of Environmental Practice(COEP);

(ii) The Taking of Land Act 1964 establishes the taking of lands for "publicpurposes" (i.e. taking of freehold or customary land) Leases of public landand customary land are administered by MNRE and are based on standardterms. The Minister of Lands is appointed by the Taking of Lands Act 1964 toact for and on behalf of all beneficial owners in signing a lease for registration;and

(iii) The Customary Land Advisory Commission Act 2013 provides a support forthe use of customary land where there are links to economic development orincome generation.

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V. LAND AND ASSETS EVALUATION AND COMPENSATION AND ENTITLEMENTS

72. This chapter describes the major aspects of determining the compensation foracquiring land for the road enhancement. The Land Registrar is empowered by Section 15 ofthe Land Titles Registration Act 2008 to register all public land, freehold land, or customaryland that is leased or alienated. There is also provision for the Registrar to record andregister any customary land where the pule (local traditional authority) or authority over it hasbeen established.

73. In the case of easements, the MNRE Chief Valuer has the task, on a case-by-casebasis, to assess the value of the proposed easements based on freehold sales with full-useland rights and then making appropriate adjustments (if any) for the restrictions that thelandowner will have over the narrow strips required for drainage purposes.

74. While the processes and steps are similar for both types of land ownership (privatefreehold and customary), the level of complexity can vary in Samoa. This can be due toseveral reasons including community ownership of land (versus individual) under customaryland ownership; and in some instances, unclear boundaries (or lack thereof). Land disputesare not uncommon and are often settled outside common law courts through the Land andTitles Court or Village councils. In the case of land ownership disputes the compensation willbe placed in an escrow account managed under the MOF until the dispute has ascertainedownership.

A. Evaluating Land and Assets Compensation

75. The evaluation methodology for compensation packages will be determined inaccordance with national legislation and regulations as highlighted in Table 8 above undergovernment legislation, as well as ADB SPS and as approved by MNRE and MOF and ADB.

76. Both processes for the acquisition of land from Customary or Freehold Landownersare similar from a government perspective and this is elaborated in Table 9. What differs isthe degree and type of consultation to the landowners. Basically, this is what theconsultation entails. Respect and following the fa’a Samoa principles is inherent throughoutboth processes. However, the customary land as previously mentioned in Chapter III willinvolve consultation with all affected persons, whilst acknowledging that the paramount chief,is responsible person for final land decisions. Again, once the compensation is to bedispensed it will be to the head of the relevant village family. While freehold landcompensation will be directly dispensed to the affected person in the case of the traditionalland it is up to the head of the family to distribute benefits as is pertinent.

B. Affected Persons

77. Affected persons (APs) include those individuals who own, tenant, use, or havebusiness interests that will be affected by the CCIRUP. They may be affected through landacquisition, temporary land use, land easements, or removal of existing fixed assets such asfence lines, vegetation, and structures. Initial estimates under ERAP revealed that therewere more affected lots within the 1st 3km of the CCIRUP, and for the next 8km (up to11km) – as these lots tend to be small in size as they are in the more urban areas. Impactsare higher in the 1st 3km as this is the most densely populated physically enclosed area,being the outskirts of urban Apia. Beyond 11km, there is far less adjacent development, it isgenerally further away from the existing road, and it is dominated by the above mentionedlarge customary land area.

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78. Due to the nature of customary land ownership in Samoa affected persons can bebroader than those who reside on or utilise the land. Broadly Affected persons define thoseowners affected through lost land, assets or both. Lost assets may include existingstructures that are in the current ROW e.g. trees, hedges, fence lines, and temporarystructures e.g. road-side vendor shacks. Utility services are excluded as these areconsidered part of the CCIRU’s separate utility relocation exercise. While elaborated furtherunder the APs entitlement matrix, these APs can be summarised to include:

(i) Owner with title deed or registration of the land;(ii) Tenant or user with lease;(iii) Person who cultivates crops and/or owns trees (regardless if the land is

owned or not);(iv) Owner/operator of registered business;(v) Tenant/operator of registered business;(vi) Owner or operator of non-registered business/squatter;(vii) Owners of structures (regardless if the land is owned or not);(viii) All affected employees, wage or daily laborers in private businesses;(ix) Local community or local authority owning or benefiting from community

property, infrastructure or resources; and(x) Family Unit members who may or may not be tenants of the land.

79. Table 9 provides an indicative entitlements matrix. It will establish the categories ofAPs and the assistance, compensation and livelihood restorations they are entitled toreceive. Public consultation meetings shall inform the public (including APs) of AP categoriesand entitlement measures. The Office of the Attorney General will review and approveagreement containing compensation schedules. A cut-off date will be established foreligibility according to ADB and government national legislation. Information regarding thecut-off date will be widely publicized throughout the CCIR Project affected area.

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Table 9: CCIRUP Affected Person Entitlement Matrix

Loss Type Entitled Persons Entitlements Intent/Requirement Responsibility

A. AGRICULTURAL LAND

Loss of agricultural land such as taro and bananas upon which income is derived

Owner with title deed or registration certificate

All payments for land will be at full replacement costs.

Government payment for loss of productive land at market prices will be deposited into nominated bank account

Payment for lost assets and restoration of livelihood.

LTA, MNRE,

MOF, OAG

Loss of access to agricultural land such as taro and bananas upon which income is derived

Tenant, user with lease No payment for land.

Bank deposit for temporary loss of income if critically timed access is restricted during construction, and if cultivated by tenant or user with lease.

Payment to cover lost crops and restoration of livelihood

LTA, MNRE, MOF, OAG

Loss of crops and trees

Person who cultivates crops and/or owns trees (regardless if the land is owned or not)

For relevant APs as follows:

Owner, payment for crops and trees at market price.

Tenant, payment for crops shall be paid to tenant.

Sharecropper, payment for crops shared between ownerand sharecropper as noted in the sharecroppingagreement.

All: advance notice for harvest of crops:

Payment for net value of perennial crops and fruit beartrees where harvesting is not possible. Compensationdetermined based annual net product market valuemultiplied by fraction or number of years of disruption.

Payment for timber or non-fruit bearing trees at marketprices.

Payment for losses

Payment for trees calculated on market value on the basis of land productivity, type, age, and productive value of affected trees

LTA, MNRE, MOF, OAG

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Loss Type Entitled Persons Entitlements Intent/Requirement Responsibility

B. RESIDENTIAL LAND AND STRUCTURES

Loss of Residential land and structure

Owner with title deed or registration certificate

All payments for land and structure will be made at full replacement cost

All payments at replacement cost in material, cheque, or a combination of both according to the actual loss to repair or rebuild the structure to original or better condition when remaining land sufficient to rebuild upon.

Includes option to be compensated for entire structure ifremaining structure is no longer viable

Includes right to salvage materials from structure withoutany deduction from compensation.

Payment for lost assets, assistance to reorganize on existing land or relocate on alternate land and support for transition period.

LTA, MNRE, MOF, OAG

C. COMMERCIAL LAND AND STRUCTURES

Loss of commercial land and structure

Owner/operator of registered business

All payments for land lost at full replacement cost

Payment at replacement cost in material, cash, or a combination of both according to the actual loss to repair or rebuild the structure to original or better condition where remaining land sufficient to rebuild upon.

Includes option to be compensated for entire structure ifremaining structure is no longer viable

Includes right to salvage materials from structure withoutany deduction from compensation

Transfer and business disruption allowance (up to 2months)

Project shall give a reasonable time for APs to continue their business operation while rebuilding their structures.

LTA, MNRE, MOF, OAG

Loss of commercial Structure

Tenant/operator of registered business

If there is partial loss of structure, AP has the option to stay with the owner’s agreement OR

If AP choses to move out, financial assistance for 6months’ rental allowance.

Assistance in finding new affordable rented premises to re-establish business.

Payment for rental allowance or payment for value of remaining lease, assistance for alternate rental accommodation and support for income losses and during transition period.

LTA, MNRE, MOF, OAG

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Loss Type Entitled Persons Entitlements Intent/Requirement Responsibility

Loss of commercial Structure

Owner or operator of non-registered business/squatter

For structures – all payments for structure lost at full replacement cost in material, cheque, or a combination of both according to the actual loss

Includes right to salvage materials from structure

Transfer and business disruption allowance

Cost of structure repair to original or better condition

Payment for lost assets, transition assistance and income restoration

LTA, MNRE, MOF, OAG

D. OTHER PRIVATE PROPERTIES OR SECONDARY STRUCTURES

Partial or complete loss of other property or secondary structure (i.e. shed)

Owners of structures (regardless if the land is owned or not)

All payments for affected structure at replacement cost;

Cost of structure repair to original or better condition; and

Financial assistance for relocation of structure.

Payment for loss and relocation if required

LTA, MNRE, MOF, OAG

Loss of graves All owners Compensation to cover the cost of exhumation (including any religious ceremonies if required) and relocation – no grave is expected to be affected

Payment for loss and relocation if required

LTA, MNRE, MOF, OAG

E. LOSS OF INCOME OF EMPLOYEES OR HIRED LABOURERS

E.1 Temporarily Affected

While business re-establishes (i.e. reorganizing or relocating)

All affected employees, wage or daily labourers in private businesses

Payment for lost salary/wages for each month AP cannot work; or

Assistance in securing new employment including relevant skills training if required

Businesses will be encouraged to retain existing employees

Payment for lost income during business re-establishment

LTA, MNRE, MOF, OAG

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G. COMMUNITY ASSETS

Loss of buildings and other structures (fences, walls, etc.), common resources (such as water supply)

Local community or local authority owning or benefiting from community property, infrastructure or resources

Restoration in existing location of affected community buildings, structures, infrastructure and common property resources to original or better condition;

Replacement in alternative location identified in consultation with affected communities and relevant authorities; or

(Cheque) Payment at full replacement cost.

Full restoration of buildings, structures, infrastructure, services or other community resources by contractor if agreement for local authority or community to undertake the restoration works.

LTA, MNRE, MOF, OAG

Any other loss not identified

Family members who may or may not be tenants of the land

Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in ADB’s involuntary resettlement policy.

Opportunities such as local procurement and maintenance contracts can assist with livelihood options for these APs

LTA; Contractor; ADB, OAG

AP = affected person, LTA = Land Transport Authority, MOF = Ministry of Finance, OAG = Office of the Attorney General, MNRE = Ministry of Natural Resources & Environment. Source: Consultant

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C. Freehold Land Compensation

80. Determining compensation to be paid for freehold land is usually straightforward as itis regularly sold and conveyed, mortgaged as collateral for loans, and its value is determinedby the fluctuation of the open market of "willing buyer and seller”. Land is valued accordingto the availability of amenities such as water, electricity and telephones; its proximity toamenities such as schools and hospitals and the comparable sales of similar sized land inthe same area.

81. Freehold land is registered under a deeds registration system with a public recordmaintained with the Register of Freehold Lands. Freehold land is situated mainly within theApia urban area and on the town outskirts. Residence on freehold land are not subject to theauthority of the chiefs and orators of a village, even if it is in a village.

D. Customary Land Compensation

82. Acquiring customary land can be challenging, especially as there can be uncertaintyor dispute over land ownership. Disputes are referred to the Lands and Titles Court fordecision about the pule over the land or title in dispute.

83. Customary land also presents difficulties for valuation because it cannot be sold,mortgaged or alienated other than by lease. Furthermore, as customary land has never beensubject to rates, it is difficult to ascertain the "market value" other than by using the marketvalue of freehold land as a basis, a recognized process previously applied to past similar innature road projects. The Taking of Lands Act 1964 states that compensation should be paidat the "market value" and in practice customary land value has been measured incomparison to the market value of freehold land in the same area.

84. Taking of customary land is possible by only two methods:(i) By lease of the land to a person determined by the paramount chief of the

family. The Minister of Lands is appointed by the Taking of Land Act 1965 toact for and on behalf of all beneficial owners in signing a lease for registration.The Minister may grant a lease or license of customary land for authorizedpurposes (which are defined). The maximum lease in aggregate for a public,commercial, business or religious purpose is 40 years; and

(ii) By the Taking of Lands Act 1964 for a "public purpose". The Lands and TitlesCourt is an independent court specifically established to deal with customarylands and titles. Records of the Lands and Titles Court are accessibleexclusively to the members and descendants or their heirs to the land or title.These records can only be accessed by providing proof to the Registrar ofLands and Titles that one is an "heir" to the land or a descendant of the familyto which the land or title belongs. The register of customary land is not apublic record.

85. Section 9 of the Land Titles Registration Act 2008 states clearly that no provision ofthat Act is to be seen as disposing of any customary land.

E. Easements

1. Legislation

86. Easements are the grant of a ‘non-possessory property’ interest that grants theeasement holder permission to use another person's land. There are different kinds ofeasements including the affirmative easement (most relevant for the CCIRUP) which givesthe easement holder the right to do something on the grantor of the easement's land.

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Dealing with easements have specific clauses under legislation that regulate creation, modification or limitation of easements. This includes the following:

(i) Part IX of the Property Law Act 1952 deals with easements and provides foreasements in gross (s122); power of the courts to modify or restricteasements (s127); and permission for the court to impose easement forencroachment (s129);

(ii) The Taking of Lands Act 1964 does not permit the creation of easementsover customary land, but provides provisions for the granting of leases andlicenses;

(iii) Part 9 of the Land Registration Titles Act 2008 (LTRA) details easements anddeed of restriction due to easements, whereas Part 13 outlines compensationby government. It however falls short of specifying compensation for drainageoutfalls, especially those underground. This Act indicates what type of wateris allowed to flow across or under the land, how the infrastructure (such asdrainage pits and open channel drains) can be maintained and accessed, andwhat responsibility the dominant tenement has to restore the land to itsoriginal condition after any service or maintenance;

(iv) The terms also describe the responsibility of the landowner (grantee) tominimize disturbance over the land and to restore the land, as nearly aspracticable to its original condition. Section s67(3) allows a deed of restrictionto be registered. Easements must be registered to be considered legally valid;and

(v) The Survey Act 2010 (and regulations) requires existing and proposedeasements (either easements in gross, or dominant or servient tenement) tobe clearly shown on a survey plan (s19, 24).

2. Compensation

87. Compensation for developing underground drainage outfalls on residential andbusiness land do not appear to follow a standard practice, but differ according to thelocation, extent of land used, and severity of the issue. While there are claims from otherprojects that underground outfalls do not incur a compensation for the landowner, there doesnot appear to be a hard and fast legislation governing this. There are anecdotal incidenceswhere no compensation was paid for underground drainage (personal communication,2016).

88. The process for open drainage easements is included under the Lands and TitlesRegistration Act 2008. Note that this is relevant for Freehold Land only. The process is likelyto be similar to that followed for the following projects: a) Vaitele Street Upgrade, b) the WestCoast Road, and c) the Covent Street Expansion. These projects addressed compensationthat was taken largely for open drainage easements (WCR LARF). Note that landownersshall not build any permanent structure or plant trees which may constrain future sitemaintenance on easement sites. Consultations responded to public questions as follows:

(i) Member of Public: “What is MNRE’s procedure of acquiring land foreasements (especially drainage easements)? Is there one in place?”; and

(ii) MNRE: “At the moment we do not have a procedure in place to acquiredrainage easements. The procedure that has been used so far is the same asthat of land taking for public purposes. Firstly, surveyors survey the land to beused, calculate the value, negotiate with landowners on market value. Therewill be conditions imposed on the easement, such as no rubbish or littering orplanting allowed on top of the easement. The owner of the land still has legalownership over the easement, but when the Government wants to come in tomaintain the drainage, they cannot stop the works from taking place.Landowners should be compensated for this drainage easement. However, it

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will not be termed compensation because Government is not buying the land, the land still remains the property of the landowner.”

89. The West Coast Road Drainage Easements Guidance on Legal and Valuation Aspects (Jan 2013) has also been consulted for guidance. Key findings from this report are quoted as follows:

(i) Involvement of local communities. “...the legal framework is adequate to create easements for drainage but that the framework cannot achieve perfect results without sensible and sensitive application of the laws and procedures, with a special focus on communications and engagement with villagers and affected land holders”;

(ii) Amendment to the laws. “There is no need to amend any legislation in the immediate future to allow drainage easements to be created and registered. However, the laws should be amended within the next few years to clarify the matters described in this report regarding the creation of drainage easements, particularly easements in gross, and also the registration of such easements”; and

(iii) Valuation of easements. “The valuation of easements, although new to Samoa, is based on international best practice principles. The valuer for the government has the task, on a case by case basis, to assess the value of the proposed easements based on freehold sales with full use land rights and then making appropriate adjustments (if any) for the restrictions that the landowner will have over the narrow strips required for the drainage.” Easement restrictions for the CCIRUP will mainly include being unable to obstruct / impact on the functional performance that the easement is intended for e.g. building of structures or dumping of rubbish.

90. In conclusion, the same steps as elaborated in Table 10 would be necessary to follow for drainage easements. While no compensation will be given for land that will have drainage easements as it is determined to benefit the landowner and value of land, this process will include negotiation with APs followed by disclosure of RP to APs. Consultation with the APs will highlight that the easement will need to be available for maintenance access and to ensure that no building restricts such access to the easement.

F. Resettlement Plan Implementation Schedule

91. Table 10 explains RP steps to be undertaken.

Table 10: Steps in the Resettlement Plan Process

Step Task Description Responsible Timing

1 Prepare inventory of losses (IOL) details

Update ROW plans and IOL table information based off finalized cadastral boundary overlay of draft final DED.

Consultant

Prior to draft final DED client submission

Jan-20

2 Accept road upgrade design

Accept the road design footprint for RP purposes.

LTA

Following review of DED from Consultant

Dec-19

3 Consultations

Conduct initial consultations on the DRAFT FINAL RP with affected people, villages and community representatives LTA

Feb-20

4 DRAFT RP disclosure DRAFT RP publicly disclosed to affected people in a community meeting

LTA/ADB Following LTA approval Feb-20

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5 Conduct detailed measurement survey (DMS)

Finalize CAD measurement of all affected lots for land acquisition and establishment of drainage easements.

Consultant Apr-20

6 Examine Survey Plans

Land to be acquired for the project and land remaining to be registered with respect to landowner to certify correct and update on land registration

MNRE Mar-20

7

Verification of ownership details/CMV established/Detailed AP consultation

Ownership of land examined and confirmed by MNRE (as documented in finalized RP). Customary land ownership examined and confirmed by the Land and Titles Court.

LTA Apr-Sep 20

CMV of each acquisition established by the MNRE Chief Valuer.a

MNRE Apr-Sep 20

finalized RP details and newly pegged ROW alignment to conduct detailed AP consultation/negotiations.

LTA & MNRE May-Sep 2020

8 Cabinet Paper LTA to circulate Cabinet Paper to MoF, MNRE and OAG for their respective reports in support.

LTA, MNRE, OAG, Feb-20

Submit Cabinet Paper LTA May-20

National Safeguards Specialist (ADB-funded consultant)

9 Publish Notice of Intention

Notice of Intention is in accordance with the TLA 1964 for a period of 28days to allow members of the public to raise any concerns

MNRE Apr-20

10 Census of APs

MNRE June- 2020

Establish and publicize/communicate cut-off date for AP payment eligibility. Conduct detailed census of all APs, including owners and tenants alike (as applicable).

LTA Feb-Jun 2020

National Safeguards Specialist (ADB-funded consultant)

11 Install/check all new ROW boundary pegs

Surveyor checks/reinstalls/installs all new boundary pegs for new ROW based off finalized RP.

Consultant’s Surveyor

Following ROW plans In parallel to census of APs

12 Finalize RP

Site-verify physical assets to remove/relocate & update IOL.

Consultant Jun-20

Submit information to LTA and Consultant’s Surveyor.

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Disclose final RP on ADB website LTA, MNRE, ADB

13 Individual lot plan surveys/creation of new lot plans for acquisition

Surveyors finalise detailed land survey of affected lots (to acquire and for drainage easements).

Consultant’s Surveyor, MNRE

Following detailed AP consultation

Lot survey plans submitted to MNRE to show:

May – Jun 20

Land acquisition, easements, and lost/relocated assets within private property.

Lost/relocated assets in existing ROW.

14 AP agreement APs accept the compensation package offered

AP Following government consultation/as per cut-off date

MNRE with the support of LTA

15 Local printed media publication

MNRE advertise a proclamation or notice of intention for the “compulsory taking of land for public purposes” in the local printed media (Savali) as signed by the Head of State of Samoa.

Government Prior to AP payment

16 AP payment Agreed compensation is paid to APs.c MOF

Following AP agreement and proclamation

17 Land Acquisition and Compensation Completion Report

To complete the process, this report is furnished to the ADB for funding reporting and information purposes.

LTA and National Safeguards Specialist (ADB-funded consultant)

Following completion of AP payments Disclosure of RP on ADB website (only if

changes are required)

ADB = Asian Development Bank, AP = affected person, CAD = computer-aided drafting, CMV = current market value, DED = detailed engineering design, DMS = detailed measurement survey, IOL = inventory of losses, LTA = Land Transport Authority, MOF = Ministry of Finance, MNRE = Ministry of Natural Resources & Environment, ROW = right-of-way, RP = resettlement plan. Notes: a Value conclusion by the MNRE Chief Valuer would be the basis of compensation offered to APs. APs

are given a 30-day period to negotiate on compensation amounts. They may seek the opinion of an independent valuer. LTA will examine all reports and make a decision on compensation that will be based on the average of two evaluation amounts may be used to negotiate a resolution. If no agreement is reached the final option would be to challenge the decision in court.

b At this stage APs are formally informed of the detailed impacts of the proposed upgrade works on their property through house-to-house visits by LTA and MNRE and given a 30-day period cut-off date to negotiate compensation amounts.

C Payment to any given AP must be made before civil works can proceed over the relevant property. Source: Consultant consultations with MNRE and LTA.

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VI. INVENTORY OF LOSS REQUIREMENTS

A. Context

92. Project specific data for resettlement plan purposes (inventory of losses) was initially collected under the World bank funded ERAP stage of the project in 2016. It was divided into two distinct parts, being the planned construction (implementation) packages of at the time i.e. Package 1 (KM 0+000 to KM 3+127) and Package 2 (KM 3+127 to KM 19+686). For efficiency purposes (avoidance of major design stage rework), this split will remain in both civil works bidding and RP implementation documentation. The Draft-Final RP is published for public information based on substantial completion of the project design. Any updates with the design and compensation will be reflected in the Final RPs and will be disclosed for public information..

93. As also confirmed by the LTA during the ERAP stage, the RP is to encompass the five distinct road sections that were previously upgraded by LTA as emergency road works following Tropical Cyclone Evan in 2012 (total 3.7km).

94. Customary land is inter-dispersed over the length of the alignment, but by far the majority of it is within the southern end of the project road. This customary land is owned by the people of the Siumu community. It applies to about 20% of the total CCIRUP length of road (4km).

95. In summary, the aim of the government is to establish a newly formalized right-of-way (ROW) for the entire project length of road i.e. the Project (CCIRUP), being about 19.7km in total length.

96. Under ERAP, the road design consultant produced and provided to LTA: (i) Package 1 – ROW drawings; (ii) Package 2 – ROW drawings; and (iii) Package 1 & 2 – Resettlement matrices in MS Excel format as a draft

‘inventory of losses’.

97. The information presented under ERAP was based off a fully digitized cadastral (survey) boundary master plan of individual lot plans received by the consultant’s surveyor from the MNRE, as overlaid on a footprint of the planned design ‘limit of works’ for road upgrading. The information was unfortunately incomplete and often deemed to be erroneous when compared to the location of topographically (ground captured) surveyed features. The existence of two separate survey grids within the limits of the CCIRUP was noted to be a contributing factor (local Lemuta Grid and global SGRS2005 grid).

98. In 2019, the road design consultant resumed this exercise with commencement of activities based off a new survey team, complete restart from raw individual lot plan data newly received by the MNRE, a new alignment survey control system, more thorough verification of raw information and transfer of information to the one survey grid, and a thorough repegging exercise of the alignment on site. This new and improved information has been overlaid against a finalized detailed road design.

99. Specific resettlement/inventory of loss details will be shared with relevant APs and associated parties directly by the LTA and MNRE at the appropriate time commensurate with detailed RP disclosure and negotiations.

B. Cost/Budget

100. Total proposed cost of the compensation for the CCIRUP RP will be assessed and determined by LTA and MNRE based on current market price, while this document will provide a guide for the process and the assets, crops and structures, as well as support and

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income to APs. MNRE have costings for land properties and LTA have the costings for the other items such as fences, trees and temporary structures, etc.

101. The budget needed for the implementation of the RP will be established by the MNRE and LTA after the government’s endorsement of detailed design, however a preliminary estimate of $2 million has been nominated. The budget will cover land acquisition, compensation, livelihood restoration, monitoring and evaluation, contingencies and administrative expenses. The cost of land acquisition will be included in the overall costs of the Project but will be funded wholly by the government and approval by Cabinet. The updated Resettlement Plan will include an itemized budget. A minimum of a 10% contingency will be included in the requested budget amount. A budget line item for unanticipated impacts will also be included in the requested budget.

VII. INSTITUTIONAL ARRANGEMENTS

A. Overview

102. MOF is the Executing Agency and the LTA is the Implementing Agency. Under the World Bank funded Samoa Climate Resilient Transport Project (SCRTP), a Centralized Technical Support Services Unit (CTSSU) has been established under the Aid Coordination & Debt Management Division of the MOF. The CTSSU will provide high-level oversight, training and service support on project implementation for all development projects. In addition, a Transport and Infrastructure Sector Coordination Division (TISCD) has been established within the Ministry of Works, Transport & Infrastructure (MWTI). The TISCD will also assist with project implementation and is generally responsible for overall monitoring and of the Transport and Infrastructure Sector Plan. It will be guided by the Transport and Infrastructure Sector Advisory Committee (TISAC). The TISAC will not be involved in day-day implementation but will instead provide general sector oversight and policy direction for projects in the sector. As the implementing agency, the LTA is responsible for ensuring proper and transparent implementation of the RP. The LTA will be closely supported and guided by the Land Management Division of the MNRE. Jointly, the LTA and MNRE will communicate specific details of the RP details to APs, negotiate, and reach final agreement on all land acquisition matters with APs. The MNRE will determine and use as primary basis current market rates and replacement values for negotiation purposes. As the CCIRUP is the first project in Samoa to have resettlement implemented according to ADB’s Safeguards Policy Statement, 2009, the government’s implementation of the RP by the MNRE and LTA will be closely supported by a dedicated National Safeguards Specialist, as separately funded by ADB, until the Supervision Consultant is on board. The overall RP implementation arrangement is provided in Figure 4: Resettlement Plan Implementation Agencies.

103. A contracted project team will oversee implementation works as well as safeguards and report progress and any concerns to the LTA and ADB. Within this team there will be a dedicated International Safeguards and Gender Specialist as well as a National counterpart. These specialists will be responsible for ensuring ADB Safeguards are met within project preparation, implementation and evaluation. For example, an effective and transparent GRM – that it is in place and compliant with ADB Safeguards Policy. They will also be responsible for ensuring that DMF and GAP activities are implemented and reported upon throughout the project.

104. The implementation works contractor also has responsibility in terms of safeguards implementation and reporting. They will report directly to the contracted Safeguards Specialists. For example, the works contractor will need to carry out HIV/AIDS awareness and training to their work team as well as to the local communities in which they operate as well as a training on workplace GBV. Reports will need collect gender disaggregated data and progress.

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Figure 4: Resettlement Plan Implementation Agencies

105. Final RP implementation will commence following completion and approval of the final detailed design by the government and prior to commencement of construction activities. In general, RP implementation will have three key stages, as follows:

(i) Addressing legal requirements pertaining to the gazetting of the land to be included in the CCIRUP that does not currently follow the registered ROW.

(ii) The negotiating process related to AP compensation for land acquisition, easements, and removal/relocations of privately-owned assets.

(iii) Provision of property rights, payment of compensation, and livelihood restoration (if required).

(iv) Ongoing monitoring and evaluation, including reporting on a biannual basis of Safeguards.

B. Process

106. The Executing Agency (MOF) will be responsible for the timely allocation of funds to compensate APs for land acquisition. The budget for compensation will be disbursed by transfer to bank accounts of relevant APs. Alternative arrangements such as government bank cheque can be provided to those who do not have a bank account. In the case of any disputes concerning compensation will be placed in an escrow account managed under the MOF until the dispute has ascertained a resolution. Once all land acquisition and compensation activities have been completed, the MOF and MNRE will obtain a signed declaration from each AP that all activities have been satisfactorily completed as per the final RP. Table 10 identifies the key responsibilities of ministries and other agencies for the land acquisition of the CCIRUP.

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Table 10: Key Resettlement Plan Responsibilities

Activities Responsible Agency

1. RP Preparation

Development of draft RP Project consultant /LTA/MNRE/ADB

Preliminary design of the CCIRUP Project Consultant / LTA

Undertake adequate consultations with / and dissemination of relevant information to APs during pre-construction and during construction

LTA PMU and Project Consultant

Survey of proposed subproject sites Project Consultant / LTA

Preliminary design public disclosure and consultation Project Consultant / LTA & MNRE

Loss Assessment Project Consultant / LTA & MNRE

Survey and assessment of market unit prices MNRE

Individual consultation and agreement on compensation LTA & MNRE

Address any project-related grievances of APs and facilitate the resolution of disputes on land ownership or land use

LTA PMD and MNRE

Review and approval of draft RP LTA / ADB

Establish Grievance and redress mechanism – compliant with ADB reporting for Social Safeguards – also including records as well as reporting mechanism in place

LTA PMD

Update RP as required if there are unanticipated impacts during project implementation and prepare corrective action plan if there will be non-

compliance.

Project Consultant / LTA

Following the award of the civil works contract, arrange a briefing to the contractors to raise their awareness on safeguard requirements

Project Consultant / LTA

Finalise RP once road design complete and approved National Safeguard Specialist ADB consultant/LTA/MNRE

2. RP Implementation

Approval and release of funds for compensation MOF

Verification of Aps LTA / MNRE

Monitoring mechanism in place LTA / MOF

Ongoing information updates and consultations with APs LTA and Project Consultant

Undertake regular monitoring and reporting on implementation progress of RP and Safeguards

Project Consultant and LTA PMD

Grievance and redress arrangements compliant with ADB and national mechanisms – also including records as well as reporting mechanism in place

LTA

Preparation of deeds of sale/lease MNRE & LTA

Payment of Compensation MOF assisted by LTA & MNRE

ADB = Asian Development Bank, AP = affect persons, CCIRUP = Cross Central Island Road Upgrading Project (the Project), LTA = Land Transport Authority (implementing agency), MNRE = Ministry of Natural Resources and Environment, MOF = Ministry of Finance (executing agency), RP = resettlement plan. Source: Consultant

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VIII. DISCLOSURE, CONSULTATION AND PARTICIPATION

A. Overview

107. A minimum of approximately 7,031 people that utilize the CCIR, including villages that are located along the road or rely on the road for access to essential services, especially those located in Apia. It is therefore important that these people are kept well informed regarding the progress of the roads upgrade.

108. Public consultations and disclosure allow two-way communication between LTA, MNRE and the impacted communities. They are important to provide a comprehensive, mutual awareness and understanding, and encourage mutual responsibility, ownership and trust among all the stakeholders affected by the CCIRUP and other interested parties. Public consultations also allow early exposure of potential problems and efforts to address them.

109. The key objective of the public consultation and disclosure process for the CCIRUP RP is to encourage the participation of the project-affected people in planning and implementing activities associated with land acquisition. Accordingly, this chapter describes the public consultations undertaken, demonstrating that the CCIRUP is following public consultation and disclosure requirements for projects involving land acquisition in accordance with government and ADB requirements.

110. Key stakeholders are summarized in the following table. An Accompanying Stakeholder Engagement and Communication Plan will provide proposed consultations in greater depth.

Table 11: CCIR Key Stakeholders

Project Phase Affected Stakeholders

Design and Approval Affected persons Resource owners Customary leaders and officials from key communities CCIR Residents Siumu Residents CCIR Businesses, including bus drivers Women’s and other vulnerable groups Schools Churches e.g. Baha’i; Catholic; Methodist; Latter Day Saints Embassies e.g. Australian, American Relevant government agencies e.g. MNRE; PUMA, MWCD Relevant NGOs and CSOs Utility owners ADB Other development partners

Land & Assets Compensation Directly affected residents Directly affected businesses Directly affected land users Directly affected landowners, including customary ADB

Implementation (civil works) Resource owners Transport/haulage contractors Residents, including nearby from Apia and Siumu Women’s organizations Businesses, including tourism operators Schools Churches Tourists Utility owners ADB Other donor agencies

CCIR = Central Cross Island Road, CSO = Civil Society Organization, MNRE = Ministry of Natural Resource and Environment, MWCD = Ministry of Women and Community Development, NGO = Non-government Organization Source: Consultant

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B. Consultation Approach

111. Consultations were undertaken alongside public awareness raising, through severalmeans including the following:

(i) Public consultations. These included formal presentations at the communityand inter community levels. These were held at the design stage of theproject (2016 and 2018) and included discussions on the proposed roaddesign; environmental; social, and land acquisition/resettlement dimensions.Comments were gathered and those pertaining to design and improveddesign considered and integrated into the design. The minutes of the secondand third public consultation are attached in Appendix 1:a. The meeting was advertised in the local newspaper, the radio and on

Facebook a week prior to the meeting;b. A flier highlighting the key message was distributed to participants

(see Appendix 2); andc. While no sitting allowance was paid to attendees, it is a custom within

a village to hold cultural ceremony for visitors holding workshops,training, consultation etc. for which a donation usually in the form ofmoney is provided to a village in exchange to show respect anddemonstrate appreciation for their kindness. In this case the amount ofWST300 was given for the Vailima venue (church group as relevant)and WST500 to the Siumu village in traditional respect.

(ii) Focus group discussions and face-to-face meetings. These were held athomes and community meeting locations to ensure:a. The proposed extent of the CCIRUP is fully understood; andb. Community related ‘power’ differentials do not create feelings of

coercion and intimidation among the more vulnerable communitymembers – with the initial part of the CCIR comprising some of themore affluent residents and/or businesses of Apia, it is also importantto include the concerns and interests of the more vulnerable affectedhouseholds who rely largely on subsistence farming with limitedcommercial sales.

(iii) Individual interviews. These included:a. Social Profiling. A sample based on purpose and convenience. The

interviews mainly assessed views on the potential project impacts(positive and negative), mitigation measures, and suggestions forimprovement. The social profile includes a brief overview of the projectand elicits comments on potential impacts. Each respondent wasprovided with contact details of the LTA office for any follow-upquestions; and

b. Land acquisition and compensation. Stakeholders were informedthat all affected stakeholders will be consulted and advised regardingnecessary land acquisition for the road and subsequent compensatorypayments. Discussions will provide maps of land locations to beacquired; need for removal or transference of key plants and/or items;proposed compensation based on assessment; a grievance redressmechanism and process; as well as answers to frequently askedquestions in Samoan and English.

112. Public information flier. This was developed for the Design Phase (attached to theSocial Profile) outlining details of the project, its proposed designs for the road and answersto frequently asked questions. Once the design is endorsed by LTA the information flier canbe updated to include the proposed outfall areas to improve drainage from weather events;the project implementation timeline, the grievance redress mechanism, and answers tofrequently asked questions which will be updated as the project progresses. Design is

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expected to be finalized by June 2019 and public consultation can provide this updated information June/July 2019.

113. Public disclosure of project impacts and consultations have been carried out since the initial World Bank funded ERAP design phase of the Project, and in the current ADB funded phase of the Project. They have been continued through a combination of public consultations, focus group discussions, and individual consultations. These consultations provide information regarding the status of the Project as well as to gain further insights and design improvements that meet the particular needs of commuters and residents along the CCIR.

114. The following public consultations have been undertaken. Minutes of these meetings are provided in Appendix 1:

(i) 03 April 2016. At Vaoala Congregational Church Hall; (ii) 12 September 2018. At Vailima Church; and (iii) 13 September 2018. At Siumu Mayor’s Residence.

115. Those consulted have included commuters, residents (that may or may not include APs), community traditional leaders, affected businesses and utilities, bus drivers (from the Apia side of the island as well as the Siumu side), women’s groups, disabled persons organization, Women in Business Association, and relevant government agencies. 116. Consultations will continue during the implementation of the RP and the CCIRUP. The following consultations will be undertaken at the appropriate time:

(i) One-on-one consultations will be conducted by the LTA and MNRE with the APs / community leader’s dependent upon the specific stretch of the CCIR during the AP compensation/negotiations stage. This is planned to occur during the last-half of 2019 following completion of the detailed engineering design (DED);

(ii) Information to be provided will include: d. the policy on cut-off-date for eligibility to project entitlements; e. land acquisition and compensation process; f. Specific relevant sections of the RP which will need to be disclosed to

Aps; g. roles of the MNRE and LTA compensation team; and h. the grievance redress mechanism.

(iii) Ongoing public consultations by LTA during project implementation. 117. A summary of the consultation plan by target group and information provided and/or sought is reflected in Table 12. C. Consultation Challenges 118. Discussions regarding outfalls can pose a challenge during consultation as their placements require cooperation from affected property owners. This is very important for effective drainage, in particular as ‘flood water’ can create the potential for concentrated volumes of water (and debris) near / within downstream properties. 119. Some landowners may be reluctant to allow an outfall to run through their property and may need encouragement to recognize the benefits of supporting the outfalls on their land, especially as the flood waters may not affect them as much as those living downstream. This is especially pertinent to a few houses that divert the flood waters to other homes. 120. Potential incentives can include:

(i) Compensation for open drainage;

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(ii) Less water and debris inundating their land, which can increase property values as the water is diverted safely off the cliff face;

(iii) Potential contracts for landowners to maintain the outfall; and (iv) Consultation must emphasize the overall benefits, the assurance on quality

structures, minimal disruption to their land security during construction (as also sought by the New Zealand High Commission).

D. Disclosure

121. The draft-final RP and Final RPs will be made available at LTA, MNRE and on the ADB website. Key features of the RP; particularly compensation entitlements, institutional arrangements for grievance redress, contact information of the LTA Safeguards Officer, as well as RP implementation schedules have been summarized and distributed among the APs and broader communities along the project alignment. Translations of key sections will also be distributed. A report on the outcomes of these disclosure activities and consultations are included in the Appendix.

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Table 12: Resettlement Plan Consultation Plan

Stakeholder Consultation

Consult Date Interest Group Location Attendees Level of Influence

Responsible Communication Means

Key Message

Design Phase

Public consultation April 16 Sept 2018

Cross Island Road residents and businesses

Vaoala ~35 attendees Pule nu’u, Matais, Residents, Church reps

High LTA MNRE Consultant

Public information Fliers Newspaper advertisement

Basic plans and design from the CCIRUP. Questions regarding concerns and expectations

Individual April 2016 2018 2019

MNRE – lands unit Cross Island residents Cross Island businesses Schools

Individual residences Vailima to Siumu

ACEO 2 businesses School principal CCIR residents

High Consultant LTA MNRE

Convenience visitation Flier

Preliminary impacts and safeguards Basic design and questions regarding concerns and expectations

Focus groups

April 2016 Oct 2018 Jun-Jul 2019

Pulenuu and village leaders:

Vailima to Vaoala

Siumu community leaders

Vaoala Siumu

2 focus groups with between 5-7 attendees

High Consultant LTA, MNRE

Planned visitation Fliers

Basic design and questions regarding concerns and expectations

Public utilities May 2016 2018 2019

SWA EPC Bluesky & Digicel

May 2016 Attended by representatives of Bluesky, Digicel, SWA and EPC

High Consultant LTA

Sharing of utility relocation master plans Utility coordination meetings Utility relocation focused workshop

How to organize utilities, to scope relocation works and to cost, and most importantly to determine each agencies responsibility

Disclosure of draft RP to APs and public

Upon completion of final design

APs Residents and Commuters

CCIR residents and APs

High Consultant; LTA

LTA Facebook; LTA Office; Samoan Observer

Key information regarding proposed project; highlighting the critical areas within the RP; Opportunity for feedback and input.

Design Approval Phase

Public consultation On approval of the final DED

MNRE – lands unit Cross Island residents Siumu residents

High LTA MNRE

Fliers Newspaper advertisement

Timely disclosure of relevant information - upgrade and land acquisition requirements

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Stakeholder Consultation

Consult Date Interest Group Location Attendees Level of Influence

Responsible Communication Means

Key Message

Outfall locations On approval of the final DED

LTA MNRE – lands unit Specific CCIR residents/ businesses

Entire CCIR

Impacted APs High LTA MNRE

Planned visitations Discussions regarding positioning of outfalls and what this means to the landowners and neighbouring properties

Census of affected property and infrastructure

On approval of the final DED

APs Entire CCIR

High LTA MNRE

Individual face-to-face

Final inventory of APs, land to acquire, and removal of fixed assets.

Land acquisition and compensation consultations:

One public information

Separate consultations with APs

On approval of the final DED

LTA MNRE – lands unit Relevant CCIR residents/ businesses

Individual households

High LTA MNRE

Newspaper Fliers Radio TV Telephone Email

Negotiating and organising with affected people the removal of infrastructure, plants and other items in the way of the CCIRUP

Compensation

Specific consultations pertaining to outfalls

Husbands and wives to receive family payments together

Disclosure of Final RP to public

On finalisation and endorsement of land acquisition and compensation

LTA MNRE Stakeholders APs Interest groups

Public forum CCIR stakeholders High LTA MNRE ADB

LTA facebook; Newspaper; ADB website

Awareness that transparent process undertaken – encourage local project ownership

Implementation (Construction) Phase

Public consultation (refer also to stakeholder consultation and engagement plan)

Throughout implementation phase

Cross Island residents/ businesses Siumu residents/ businesses /APs

TBD High LTA CSC Contractor 3

rd party

service provider

Fliers Newspaper advertisement

Timely disclosure of relevant information

ACEO = assistant chief executive officer, AP = affected person, CCIR = Central Cross Island Road, CCIRUP = CCIR upgrading project (the Project), CSC = construction supervision consultant, DED = detailed engineering design, EPC = Electric Power Corporation, LTA = Land Transport Authority, MNRE = Ministry of Natural Resources & Environment, SWA = Samoa Water Authority, TBD = to be determined. Source: Consultant

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IX. GRIEVANCE REDRESS MECHANISM

122. The following Grievance Redress Mechanism (GRM) procedure must be followed to address any social or environmental issues that may arise throughout the project.

A. Minor Concerns

(i) Filed with the safeguards specialist(s) of the construction supervision consultant (CSC) who records the complaint and consult with the contractor for a solution.

(ii) CSC to maintain and regularly update a complaint’s register;

(iii) Report to safeguards officer from LTA with proposed resolution; and

(iv) CSC to respond to the AP with a resolution within 48 hours.

B. Major Issues

(i) AP should file a formal complaint with the LTA Project Manager if they face a major concern e.g. land issues or damage caused by the Contractor.

(ii) Follow the same process as a minor issue but the time to respond for discussions

and meetings with the complainant to reach a resolution must be within 7 days. However, note that for land issues, the timeframe for discussion and meetings may be more than 7 days.

(iii) LTA Project Manager to maintain a register of complaints, with a duplicate of the

relevant complaint given to the AP.

(iv) If complaint is dismissed, the AP is to be informed of their rights to take their complaint to the next level.

(v) If AP is not satisfied with LTA decision, they may file a written complaint with the

MWTI, Planning and Urban Management Agency (PUMA) division, at the Tuiatua Tupua Tamasese Building at Sogi. Telephone: 23800.

(vi) Timeframe for response via email to PUMA is within 7 working days and via other

correspondence forms within 7 working days. However, the timeframe for responding with a resolution varies and is dependent on the level of complexity of the complaint.

(vii) If an AP is not satisfied with PUMA decision, they may take their grievance to the

judicial system at their own cost, however, if the Court shows that LTA have been negligent, the AP may seek compensation of costs.

C. Grievance Procedure

123. All issues are logged and tracked in the Grievance Complaint Logging System (GCLS) and are reviewed as part of the ADB/LTA compliance monitoring systems. Once the issue has been satisfactorily resolved with the member of the public who initiated the complaint (the ‘complainant’), then the complaint will be closed. The complainant will be notified in accordance with the procedures as documented in the GRM, and this will be recorded in the GCLS. The GCLS allows:

(i) Full auditing of the process by which a complaint was addressed;

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(ii) Supervisors to review and comment on all grievances; and, (iii) The monitoring of service standards for resolving complaints.

124. The GCLS maintains statistics on number of and types of complaints, time taken to resolve, etc. These statistics can be easily published to a public website or included in reports. The GCLS can be accessed via any device with an internet browser. Complaints may be lodged through a website, by SMS, in person, by telephone, e-mail, or letter. Website complaints are automatically logged in the system, while other forms are manually entered by the ‘Complaints Administrator’. Different levels of grievance management fall under the above process and include:

1. Samoa village level grievance management

125. While most grievances follow the above process and are reported directly to PUMA, there is also a traditional grievance process that operates in villages such as Siumu. Some project related grievances experienced by villagers can be dealt with effectively at the village level and need not be referred to the LTA Project Manager/IA unless village level redress mechanisms fail. Common among such grievances are local disputes over land boundaries, claims of ownership over crops and compensation distribution. Other common disputes involve contractors such as where non-land assets such as soil and rocks are used without prior consent of landowners; or where contractors fail to deliver on agreed terms for their use.

126. The traditional mechanism for grievance redress requires the aggrieved party to take his/her grievance to his/her extended family paramount chief, who will assume responsibility for a resolution on their behalf. Furthermore, their decision is final. The aggrieved party’s paramount chief may seek redress directly with the Contractor or the other/opposing party and would do his/her utmost to secure a satisfactory outcome. Failing this, the ‘paramount chief’ will then take the grievance to the Village Council of Chiefs, through the Pulenu’u/Sui o le Malo. Usually this is discussed during the monthly meeting of the Council of Chiefs. The Council of Chiefs will decide on how best to address the grievance including conveying the concern to the Contractor on behalf of the aggrieved party, or alternatively recommending that the aggrieved party seek a resolution directly with the responsible Government agency (i.e. PUMA or LTA) and failing that, seeking redress with the Court.

127. In the case of local disputes over customary land boundaries, and ownership and use of non-land assets, the Council’s decisions are final with the disputing parties aware of the risk of noncompliance. Such decisions of the Village Council are now recognized by the Courts by the Village Fono Act 2000. Figure 5 outlines the levels of traditional and government authority that are involved in grievance resolution, depending on the severity of the grievance.

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Figure 5: Levels of Grievance Resolution in Community

2. Legislation

128. The grievance procedures defined by the Taking of Lands Act 1964 are only utilized as a last resort. It is more common for any differences to be settled by negotiation and consensus reached between the Government and the village or villagers involved and this is usually the first step in the resolution of any grievances. As indicated above, the complainant can choose to take their grievance straight to LTA or PUMA, however the traditional system remains important in the villages and in terms of customary land issues.

3. Contractors Responsibilities

129. The Contractor is responsible for community consultation regarding construction activities and recording complaints as per provisions contracts. At the inception of the project, all employees of the Contractor should be briefed on the GRM and informed they are required to report any grievance to the Site Manager. The contractor/consultant shall nominate a staff member for community consultation who will manage grievances, i.e., the Site Manager. The Site Manager will work in cooperation with LTA PMD and the Public Relations Officer on a regular basis. A phone number will need to be established and be made publicly available on project signage and public relations materials readily accessible and visible to the affected persons and communities.

130. During construction phase, a suggestion box and complaint forms will be located at the Site Office. The Site Manager will receive grievances on site and respond within 48 hours of the grievance being received. The response should confirm the nature of the grievance and indicative timeframe for resolution. The Site Manager shall record the grievance in a logbook or Complaint Register then provide a copy of the grievance to LTA PMD within two working days of the complaint being made. This logbook will be maintained throughout the construction or contract period. Furthermore, the operational GRM will be monitored and reported on six monthly basis and report submitted to LTA PMU and ADB under Safeguards Reporting commitments.

Court

LTA and/or MNRE PUMA

Project Supervisor and/or Contractor

Paramount chief

Matai --> pulenu'u

Person with issue

d

Unresolved grievance escalated

Grievance lodged Grievance raised

Local dispute

Dia

logu

e a

nd

Reso

lutio

n

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4. Grievance Mechanism Monitoring and Reporting

131. Monitoring will be carried out six monthly by the International Safeguards Specialist (Project Supervisors) with LTA and the results communicated to ADB through the Safeguards progress reports.

(i) reported grievances and subsequent resolution outcomes; (ii) consultation with APs; (iii) status of land acquisition and payments on land compensation; and (iv) compensation for affected structures and other assets.

5. ADB’s Accountability Mechanism

132. People who are, or may in the future be, adversely affected by the project may submit complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an independent forum and process whereby people adversely affected by ADB-assisted projects can voice, and seek a resolution of their problems, as well as report alleged violations of ADB’s operational policies and procedures. Before submitting a complaint to the Accountability Mechanism, affected people should make an effort in good faith to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism.

X. MONITORING AND EVALUATION

133. The following indicators have been identified to monitor the progress of the RP. Additional indicators will be added as required as part of the Resettlement Completion Assessment. Note that these indicators can be measured quantitatively and where relevant qualitatively.

Table 13: Summary of Indicators to Guide Monitoring of the Resettlement Plan

Indicator Number Key elements

impacted Notes

Number of GOS staff working on RP ~2 MNRE ~2 LTA 1 ADB funded RP local officer

Support provided to LTA and MNRE to assist in process

Men and women disaggregated

Resettlement team trained to meet ADB SPS 2009

1 training Overview of ADB requirements in line with GOS procedures

Carried out during Fact finding mission Number women/ men trained

Project affected households TBC Land loss Plants Facilities Income generating

Compensation paid TBC Land loss Plants Facilities Income generating

By when and amount

Facilities replaced and improved TBC Fences Roofs Plants Easements

Includes easements

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Livelihood replacement training TBC Potentially this is not required

Number of APs employed by contractors and LTA

TBC During road construction and for road maintenance

% APs satisfaction with RP TBC Once RP compensation and process complete

2020

Road safety perceptions after project construction

TBC Survey form recording degree of satisfaction

Records of grievances TBC From implementation Maintained and updated in LTA

Actions – responses to grievances TBC %. of resolved issues recorded to the AP satisfaction

Ongoing – 6 monthly updates

134. Monitoring and evaluation will occur at different levels:

A. MNRE Monitoring and Evaluation of Resettlement process

135. Upon completion of the RP, monitoring and evaluation will be the responsibility of PUMA Division of MWTI/LTA. In particular, the PUMA Division of MWTI will be responsible for the compliance monitoring reporting purposes to their Board. However, as noted below the status of the Safeguards components will also be reported to MNRE/LTA and ADB. 136. The involvement of the PUMA division of MWTI is important to ensure that:

(i) All affected households and businesses have received appropriate compensation;

(ii) All impacts have been adequately and fully addressed; and (iii) Grievances have been adequately addressed.

137. Implementation of the CCIRUP will take place upon confirmation that outstanding RP issues have been resolved. Semi-annual safeguards monitoring reports will be submitted to ADB throughout the implementation of the project, and a compensation completion report prior to civil works commencement.

B. Safeguards Monitoring

138. The national PMU Social Safeguards consultant (LTA) together with the Project Social Safeguards Specialist will audit impacts on APs during and post construction to ensure any impacts are managed effectively. These reports will be undertaken biannually and will assess living standards of APs over the project duration. This will be undertaken through a consultative process with APs and other relevant stakeholders. The report will consider such aspects as:

(i) Changes to livelihoods as a consequence of the project which may include unforeseen impacts as well as potential changes arising from temporary or even permanent employment opportunities;

(ii) Any undesired impacts that may have been experienced and how these were reported and managed under the GRM as noted above;

(iii) Road safety related concerns as a consequence of the project. This links the safeguards monitoring to GAP whereby it can encompass efforts to improve access and conditions for vulnerable affected residents;

(iv) Local procurement opportunities in terms of semi and unskilled labor roles; and ongoing maintenance and improvement opportunities; and

(v) Sex disaggregated data will be collected to indicate the differential impact on men and women.

139. This report will be forwarded to ADB six monthly.

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FOR ADDITIONAL INFORMATION PLEASE CONTACT THE LTA

Phone 26740 Email:info@ita.gov.ws

In the pages following, personal details of attendees at consultations have been redacted.

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XI. REFERENCES

ADB. June 2009. Safeguard Policy Statement. Manila. Online at: https://www.adb.org/sites/default/files/institutional-document/32056/safeguard-policy-statement-june2009.pdf

Government of Samoa. Numerous Acts and Regulations. Apia.

MWCSD. 2013. Village Profiles. Apia.

Rodríguez DA, Evenson, K.R, Diez Roux AV, Brines SJ. 2009. Land use, residential density, and walking: The multi-ethnic study of atherosclerosis. American Journal of Preventive Medicine. 37 (5):397–404.

Samoa Bureau of Statistics. 2011. Socio-Economic Atlas 2011. Apia. Online at: http://www.sbs.gov.ws/index.php/new-document-library?view=download&fileId=1646

Samoa Bureau of Statistics. 2011. Samoa Population and Housing Census. Apia.

Samoa Bureau of Statistics. 2015. Samoa Demographic and Health Survey 2014. Apia.

Samoa Bureau of Statistics. 2016. Samoa Population and Housing Census. Apia.

Samoa Police Department. 2016 and 2018. Reported accidents along the Central Cross Island Road. Apia.

SMEC. 2015. Social Beneficiary Survey 2015. Enhancing the Climate Resilience of the Upolu West Coast Road. Samoa: Enhanced Road Asset Project. Apia.

Tauaa, S. The Impact of Rural Access Roads in Samoa: The Case of Vaitele Street (Lalovaea-Lepea) and other Selected Roads. Apia.

UN Pacific and Asia Samoa 2015. Samoa. Online at: http://asiapacific.unwomen.org/en/countries/fiji/co/samoa

World Bank. 2012. Land Acquisition and Resettlement Framework (LARF). Enhancing the Climate Resilience of the Upolu West Coast Road. Samoa: Enhanced Road Asset Project. Apia.

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APPENDIX 1: PUBLIC CONSULTATION MINUTES

The objective of this consultation was to update stakeholders on the status of the project since the last consultations in 2016. The first consultation took place in April 2016; the main points raised at each consultation in 2018 are summarized in Table 14. After this table, key consultations from September 2018 and April 2016 are further elaborated, and minutes with the Pulenuu Tanugamanono from June and July 2019 are further provided.

Table 14: Summary of 2018 Public Consultations

Stakeholders Attendees Venue Key Points

Siumu focus group

29 women Sui ole Nuu resident (Woman’s representative)

Women have to use buses more than men – few women have licenses

Raised issues such as sexual harassment on overcrowded buses and speeding vehicles.

Poor designs of wooden buses that result in accidents – do not feel safe – two women were involved in recent accident

Current road is very unsafe for pedestrians especially the school due to absence of proper footpaths and bus shelters

Take small amounts of produce to sell in Apia on buses. A man rides on the bus to help women unload their baskets at the Apia end – most are happy to do it themselves.

Vailima 9 women Vailima Primary School hall

Current road is very unsafe for pedestrians especially for school children due to no proper footpaths and bus shelters

Runoff at times makes it harder for women to walk along the road when bringing the children to school

Bus service unreliability / no time schedule which at times results in school children being late and served detention at respective schools.

Bus driver - Rural side

Individual - male Bus depot Road is so narrow and with no proper bus shelters make their job so much harder; at times they receive evil looks and verbal abuse from other vehicle drivers.

The band aid road is starting to crack up and it needs attention before it returns to the bad situation it was in previously.

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Stakeholders Attendees Venue Key Points

Bus driver - Urban side

Individual – male

Bus depot, Apia Poor current road designs which often let the runoff to continually damages the road

No allocated bus stops thus causing road blocks at times especially during the peak hours of the morning and after work.

Naomi - Landowner

Individual - female

Afiamalu Happy with road upgrade

Wondered if her fence had to be moved back

Proper road design is needed to minimize runoff and the adverse effects on her family’s properties

Ensure fair compensation for any land acquired.

Mynas Individual – male shop owner

Mynas supermarket

Awareness of the CCIR upgrading prompted them to act - have built a new Supermarket at the adjoining land to the existing shop

Build bus shelters and sufficient road humps to control speeding traffic – see several accidents near to shop

Vailima Public consultation

9 attendees – 4 women; 5 men

CCJS Hall Disappointment at the delay of the project

Highly concerned about land acquisition and compensation

Road design to be more vigilant of new developments encroaching along certain parts of the CCIR

Siumu Public consultation – September 2018

30 plus attendees

Village mayor’s house

Paramount chief, mayor and the village council have given their support for the road upgrade

Reiterated the importance of respecting the fa’a Samoa

Willing to collaboratively engage when necessary; either as workers or with land compensation matter

Raised concern on the current poor road design and asked to ensure footpaths, signage and traffic lights are included in the upgrading road design

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Stakeholders Attendees Venue Key Points

NGO – Women in Business

4 women including director Adi Tafuna’i

WIB HQ - Faleata A lot of opportunities exist for women entrepreneurs in Samoa

WIB have for example facilitated Samoan virgin coconut oil into the Body Shops worldwide – this oil is produced by women in communities in Samoa

Women along the road stretch are already quite involved in business opportunities – e.g. cafes, shops, accommodation.

NGO Loto Taumafai – Special needs organization and school

One man and one woman

Loto Taumafai school

Collect between 7-10 disabled children each day from along CCIR in special needs bus.

Must drive into individual houses as cannot stop along road – makes it time consuming but ensures safety

Two women stall holders

2 women CCIR Poor current road design with no proper footpaths, bus bays made it hard for travelers to stop by and buy from them.

A better road can possibly provide better economic opportunities for them

Palalaua College school teacher

One woman Siumu Current road is unsafe for students as pedestrians; has no doubt this can contribute to some students coming late to school.

During bad weather there is apparent absence of some of those students from school. Perhaps a bus shelter can help address this issue

Many of the safety issues raised during previous consultations were reiterated in 2018, along with general support for the project. A few new issues were raised in 2018 that hadn’t been addressed previously, including:

(i) Incidences of sexual harassment on buses; (ii) Safety concerns around poor bus designs; (iii) Verbal abuse from bus drivers towards women; (iv) Existing repairs are already starting to deteriorate; (v) Lack of designated bus stops; (vi) Issue with Mynas supermarket has now been addressed as building has now

been moved. The 2018 consultations helped identify gender-specific issues that were not identified previously.

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Key consultations are further elaborated as follows Siumu community consultation

Ref.: Siumu community consultation – customary landowners and residents for the southern end of the CCIRUP

Meeting Subject:

Project status update & invitation for comments

Meeting Date: 13 September 2018 Venue: Siumu Mayor’s private residence

Attendance: Community: Siumu Mayor and community members Government: LTA, MNRE & Consultant reps

Meeting Transcript:

1. Formalities. Ava ceremony and breakfast provided by the village.

1. Project status update. Consultant’s team leader (TL) presented an overall project update.

2. Community comment. On behalf of the community in attendance, Tofaeono re-assured the government attendees of its support for the project.

3. Social safeguards update. Consultant’s international social safeguards specialist provided an update.

4. MNRE comment. MNRE representative advised attendees that they will come and consult with affected families and individuals regarding land acquisition and compensation once the project design has been finalized.

5. Community comment. A community member raised concern that when the upgrading is done, as seen in other upgraded roads, drivers tend to speed up and it is important to ensure the safety component of the project. It is also important to ensure that there are streetlights and reflectors. They also noted that the fog at times can be so thick at some parts of the road and can be hazardous. Given the sparse population distribution along some parts of the road, the village requested if shoulders can be built along some areas in case of emergencies e.g. for flat tire or in event of car breakdown.

6. Consultant reply. Consultant’s TL replied confirming that shoulders and reflectorized road marking and signs were already included in the road design plan. Street lighting could, within reason, also be provided.

7. Community comment. One community member expressed that he was looking forward to the planned road upgrade being completed, as he could see the potential for more tourists using the road. Another asked if there would be sidewalks (footpaths). Tofaeono (paramount chief) acknowledged the privilege of being a recipient of this expensive development project. The Mayor asked what if someone interrupts the actual upgrading process?

8. MNRE reply. MNRE replied that this shouldn’t be happening because MNRE would firstly consult all families with lands affected and compensate them accordingly before the construction of the road.

9. Major’s reply. In 2016 when we first met (consultation under ERAP), I raised the issue of the increasing number of school children walking downhill from inland to our village primary and college. I raise it again to please consider building footpath for their safety.

10. Taefaeono comment. Taefaeono commented on how the attitudes of young drivers, being reckless and careless have contributed to the increasing number of the road accidents. He also asked the LTA and Police to look out for the drivers without license. They are the ones who also cause accidents. With the poor conditions of the road, whereas back in the days with only a dirt track, there was never a single accident.

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VAILIMA COMMUNITY CONSULTATION

Ref.:

Vailima (and general public) community consultation – publicly advertised consultation (for anyone to attend); mainly included representatives of the urban Apia area in northern end of the CCIRUP

Meeting Subject:

Project status update & invitation for comments

Meeting Date: 12 September 2018 Venue: Vailima Church

Attendance: Community: Open public forum mainly including urban Apia community members Government: LTA, MNRE & Consultant reps

Meeting Transcript: 1. Community comment. One community member asked why just a bandage road?

2. LTA reply. LTA rep clarified that the recent resealing works done on the CCIR were a temporary measure only.

3. Community comment. One community rep expressed his concern about the flooding from the runoff – believes it’s the poor design further up from his residence, and he has some photos as evidence and he’s happy to send them to LTA for proof (around the US Embassy).

4. Consultant reply. Consultant’s team leader (TL) stated that they were currently designing with drainage in mind as part of the upgrading works and were not only taking into consideration overall drainage improvement, but also accounting for an anticipated increase in rainfall amounts and frequency of extreme rainfall events due to the impacts of climate change.

5. Community comment. One community rep asked why they had been delayed.

6. Consultant reply. Consultant’s TL reasoned that there were several issues causing the delay, including a change in funding and donors. The TL clarified that the new donor is the Asian Development Bank, and that as part of their necessary due diligence exercise before fully committing project funds, comprehensive study and reporting on numerous topics was required before actual works could be tendered for construction.

7. LTA reply. LTA rep further added that a new round of consultations was also required because of the change in funding and donor.

8. Community comment. One community representative proposed to include bus stops in the design for smooth traffic. Expressed frustration at seeing the delay when a bus stops anywhere it wishes. Requested to please ensure there is equal allocation of bus stops. His observations of the West Coast Road were that bus stops were more on one side and less on the other side. He suggested for LTA to ask the villagers and mayors to help identify the most suitable bus stop locations instead of them trying to figure out it alone. He emphasized the importance of obtaining local knowledge to assist with planning.

9. LTA reply. LTA rep replied that there will be site visits today by the consultant at 3pm for further clarifications.

10. Community comment. One community rep asked in the design had been completed.

11. LTA reply. LTA replied that it was almost completed. It needs to incorporate some new development to the plan.

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12. Community reply. The community rep replied that if it is not yet completed, we should take advantage therefore of this consultation to give you some ideas and thoughts to assist with design. Issues or concerns raised must be taken into account when designing. These include:

(i) Road safety. Nafanua section in particular, there is always a hold up when a bus stops to pick up people.

(ii) Falealili street is so unsafe, narrow and unsafe. (iii) Planners to consult the mayors for the most appropriate locations of bus

stops. (iv) Issues of runoff and poor drainage where it becomes so dangerous when

children walk and cross the road. (v) Passionate about making this upgrade happen, accidents happen, and lives

are already lost as a result, my nephew was one. (vi) The current bandaged road is not good enough. (vii) Not blaming LTA, the law makers who should really look into those issues. (viii) Remarked on the new developments emerging because of the delay of the

road construction. The community rep concluded by saying I was the mayor of Tanugamanono village, and you promised the road would be built next year, and yet it is taking too long. 13. Community comment. A female community representative added the following:

(i) I’m living at the Leufisa intersection – there was a drainage built before, and in front of our house there was deeper part of the drainage, and all the water ended up there, it overflowed and flooded our graveyards.

(ii) I came because I heard that our lands will be affected. Where exactly or which parts of our lands will be affected? You see that pegging is already there to define boundaries, where and how is this going to be handled?

(iii) Our concern is the graveyard – very sensitive and sacred issues.

14. LTA reply. Once the design is finalized, we will carry out individual consultations, with the APs.

15. Consultant reply. Consultant’s international social safeguards specialist outlined the social safeguards for the project, further elaborated as follows:

(i) Design is about 70% completed and that’s why we are here – it’s your road and we need your input.

(ii) ADB being the new donor, they have an emphasis on the vulnerable, women and children, e.g. bus stops and bus shelters.

(iii) To understand people’s concerns and requirements the social safeguards process will include: a. Social profile. b. Gender Action Plan c. Resettlement Plan

1. Land acquisition as per ADB guidelines which requires minimal disturbance

2. Awareness of “faa-samoa” in the process. 3. MNRE will be involved in providing land evaluation and

compensation to APs.

16. Community comment. A community rep asked if it’s possible to have a look at the design before endorsement.

17. LTA reply. The public can see the design before endorsement.

18. Community comment. With reference to my village, Tanugananono, I humbly ask to have an immediate road hump in front of the EFKS and school Tanugamanono, to slow

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traffic down. It is very unsafe for the children. To be done immediately while waiting for the new upgrading. Not just going to school but also for Sunday school.

19. LTA reply. Please provide an official letter to LTA and we will follow that up.

20. Community comment. We have been voicing the same concerns in a couple of national meetings, yet nothing is done.

21. LTA reply. Yes, but assessments also need to be carried out before any hump is done. Engineers need to assess the particular site.

22. Community comment. Is there any power of the law to have some hedges removed as they are blocking the view of drivers especially at the curve section of the road?

23. LTA reply. Only if it is within the government reserves. There is no current law to have them removed.

24. Community comment. The curve at Nafanua – approximately 4 accidents already – poor road design…with narrow road and drainages on both sides. Any immediate response to counter this?

25. LTA reply. This is duly noted and have incorporated into the design.

26. Community comment. Is this a four-lane road?

27. LTA reply. No. It is two lanes.

28. Community comment. Does the government provide compensation if land acquisition takes place?

29. LTA reply. The LTA will work collaboratively with MNRE to carry out assessment and compensations.

30. Community comment. If it’s okay to ask questions regarding drainage cleaning and roadside maintenance and cleaning e.g. mowing. He feels that the paid contractors are not doing a proper job. Recommend paying families to tend to their road frontage side in terms of cleaning, gardening and mowing the grass.

31. Community comment. Will the other utilities be affected? They asked this because they witnessed an incident where a casualty had to be rushed from the south side to the Motootua hospital. Their car had got stuck because of the fallen electricity pole during the recent cyclone. Also, roads are continuously being dug up several times by either the SWA or Bluesky.

32. LTA reply. We are aware of it and already made negotiations with those respective ministries to have it sealed properly again.

33. Community comment. What about ecological and cultural sites – can you give examples?

34. Consultant reply. Consultant’s international social safeguards specialist gave some examples as graves – too cultural and sensitive to attempt to move. Trying to minimize the adverse impacts and possible minimal interruptions and as much as we want to have a much wider road than currently, while being very mindful of land issues and all.

35. Community comment. Sees that suggesting ‘cultural sites’ may be discriminating - all lands are culturally significant.

36. Community comment – church minister - I heard that RLS might be affected. Looks like then that our fence (EFIS) will also be affected since we are adjoining. What if we don’t want it to be affected? Or maybe we want to be compensated higher than what you offer?

37. MNRE reply. MNRE will always consult with the affected parties to ensure all issues are settled regarding land acquisition.

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ATTENDANCE AT THE KEY PUBLIC FORUMS AND WOMEN’S FOCUS GROUPS Attendance at the Valima Public Information Meeting – 12th September 2018

Attendance photos from the Siumu Public information meeting – 13th September 2018

Paramount chief and Siumu mayor in attendance

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Cultural protocols

Discussion specific to RP by Filisita from MNRE accompanied by representatives from LTA and SMEC.

Women’s focus group discussions attendance SIUMU WOMEN FOCUS GROUP

1 Lesa

2 Toloafa

3 Saveatama

4 Lema

5 Pito

6 Moli

7 Tava’e

8 Ian

9

10

11 Sione

12 Tofaeono

13 Lio

14 Epa

15 Eseta

16 Gauula

17 Tootoo

18 Anovale

VAILIMA FOCUS GROUP

1 Sisifo

2 Loto

3 Eseta

4 Leaso

5 Aiaraisa

6 VAILIMA

7 Tolu

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VAILIMA PUBLIC CONSULTATION – April 2016

Ref.: Public community consultation – publicly advertised consultation (for anyone to attend); mainly included representatives of the urban Apia area in northern end of the CCIRUP

Meeting Subject:

Project status update & invitation for comments

Meeting Date: 13 April 2016 Venue: Vaoala Congregational Church Hall

Attendance: Community: Open public forum mainly including urban Apia community members Government: LTA & Consultant reps

Meeting Transcript: The following documents key comments raised by the community. 1. This is what the community has wanted – a presentation to explain the project and process. The community want proper consultation.

2. Requested secure barriers during construction to keep children out of danger.

3. Concern regarding outfall running on roads, homes and bringing rubbish especially behind US Embassy. The drainage pipes are too small to effectively manage the water flow and rubbish can block the pipes.

4. How long will people have to wait for compensation for land acquisitions? People not doing this for compensation as there is the need for a good road.

5. Request for footpaths in the design. Some would like footpaths on both sides of the road. If the footpath will be only on one side would like to know in advance which side that would be. One person asked that the footpaths be built and not extend the road.

6. Concern regarding the growing congestion on the road and for the design to consider a passing lane.

7. Concern regarding the construction company that will be used to construct the road – whether they will meet necessary good standards. Contractors should clean up the site properly.

8. Concerned regarding buses stopping on the road and cause congestion – need for bus stops.

9. Concern regarding the S bend contributing to a lot of accidents. The whole road can be a safety issue.

10. The CCIR is an important link road providing access to emergency services including main connection to the hospital.

11. 42 years ago, only one bus on the road and hardly any cars on the road. The road is now narrower than before. There are now more people using buses especially school children. Need to build a road that accommodates everyone comfortably.

12. Buses use the CCIR to travel to Falealili. There is no good signage on the road.

13. The road is not safe for driving during storms. At times it is blocked during storms.

14. Road condition just needs to be improved and done properly. Need a proper design so that it will not affect people’s lives later on.

15. Need to involve the utilities in discussions. Why were the utilities upgraded before the road?

16. Communities can be involved with the construction.

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MEETING WITH PULENUU TANUGAMANONO - MALOLOLELEI Meeting Date: 06 June 2019 Location: MWCSD Building, Apia Meeting Time: 10:00am – 12:00pm

Present

Su’a S Lemavae (SSL, m: )

Mayor of Malololelei

Tuu’u Leiato (TL, ) Mayor of Siumu Sasa’e

Atuaia Kitiona (AK, ) Mayor of Siumu Sisifo

Tele’a Kamu (TK) MWCSD

Peleki Sanalua (PS) MNRE

Su’a Tuaena(ST) MNRE

Leuluso’o Mauala (LM)

Meresaini Siaosi-Laulua (MSL) ADB NSSS

Lealaivailu'u Hillary Tanielu (LHT) LTA

Sharanalei Ward (SW) LTA

Apologies

Maverick Wetzell LTA

Circulation

Ulu Bismarck Crawley (CEO) MNRE

Galumalemana Taatialeoitiiti Tutuvan –Schwalger (CEO)

LTA

Afamasaga Faauiga Mulitalo (CEO) MWCSD

Manumaleuga Filisita Heather (ACEO) MNRE

Tagaloa Shirley Malielegaoi (ACEO) MNRE

Safuta Toelau (ACEO) MNRE

Maverick Wetzell (Manager) LTA

Levi Auelua (Chief Surveyor LTA) LTA

Telea Kamu Potogi (Principal) MWCSD

Lealaivailu'u Hillary Tanielu (LTA) LTA

Shaanarlei Ward (Principal Safeguard LTA)

LTA

Petania Tuala (Principal Surveyor) MNRE

Sam Meredith (Consultant SMEC) LTA

Tiumalu Malcom Esera (LTA)

Peter Ward (Consultant SMEC) LTA Consultant SMEC

Meresaini Siaosi-Laulua (Consultant ADB) ADB NSSS

Ninebeth Saguan Carandang (ADB Donor)

ADB SS

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1.00 Meeting Objective Action Responsible

To solicit support by Mayors of villages between Tanugamanono – Siumu 3-T Junction for the CCIRPU

Explained the aim of the overall project – to upgrade existing road: widening selected areas, footpath, drainage, utility services relocation, road alignment improved design and pavement strengthening. Initial Consultation with affected person(s) to survey and peg project road alignment. Second consultative process involves families, to ensure mutual understanding of affected area of land parcel and properties to establish compensation at market rate.

MSL ADB NSSS

2.0 Line of Communication

Initial point of contact before carrying out survey is the respective village mayors

LTA Consultant SMEC Surveyor to contact LTA, then contact Village Mayor using contact mobile numbers obtained

LTA

3.0 Issues Discussed

3.1 Acknowledged by all mayors attended the meeting, the second consultation of the

same road project by LTA.

Noted

3.2 Siumu I Sisifo mayor AK, fully support the project and its scope. Confirmed most of the land within the vicinity of 3-T Junction and of the 14km towards Apia direction are customary land. Most families have been informed of the project and look forward to working together in support of road improvements for public and themselves having transport improved/upgrade of central cross-island route access.

LTA to contact respect village mayor prior to SMEC Surveyor arriving at site.

LTA

3.3 Malololelei mayor SSL – to consider drainage and road improve/upgrade at the road junction for side roads turning off from the CCIR

LTA to reflect junction improvement/upgrade in design phase

LTA

3.4 Compensation – Mayor of Siumu I Sasa’e asked if there will be compensation

LTA confirmed there will be compensations for land area acquired to accommodate the road project upgrade min. 16m total width of the legal road reserve of 22m. Furthermore plants, fence etc. contain within affected area of land to be acquired for the project will be compensated.

LTA

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3.6 Support CCIRUP – Mayor of Siumu I Sisifo noted the village’s full support of the project and are anxious to proceed asap. The same support was indicated by all other village mayors.

3.7 Agreed with LTA for SMEC Surveyor to commence on 22 July 2019 the survey and peg road alignment on site, but must contact first respective village mayor before proceeding.

LTA to establish first contact with respective village mayor before entering any land

LTA

4.0 Other Business

Transport allowance. LTA paid each village mayor $50 to compensate for transport and meal.

LTA

5.0 Meeting closed 11:50pm

Prepared by:

Ms. Meresaini Siaosi-Laulua

ADB National Social Safeguard Specialist

MEETING WITH PULENUU TANUGAMANONO - MALOLOLELEI Meeting Date: 12 July 2019 Location: MWCSD Building, Apia Meeting Time: 10:00am – 12:00pm

Present

Pua’afu John (PJ, m: ) Mayor of Vailima

So’oalo Koroseta (SK, m: ) Mayor of Vaoala

Si’usamūsa Papa (SP, m: )

Mayor of Tanugamanono

Su’a S Lemavae (SSL, m: )

Mayor of Malololelei

Mata’utia (M, ) Mayor of Tiapapata

Taliulu (T, ) Mayor of Papauta

Lupo Fruean (LF, No contact number) Mayor of Nafanua

Tele’a Kamu (TK) MWCSD

Safuta Toelau (ST) MNRE

Manumaleuga Filisita I Heather(MFH) MNRE

Meresaini Siaosi-Laulua (MSL) ADB NSSS

Tanuvasa Ofoia (TO) LTA

Tiumalu Malcom Esera (TME) LTA

Apologies

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Maverick Wetzell LTA

Lealaivailu'u Hillary Tanielu LTA

Sharanalei Ward LTA

Circulation

Ulu Bismarck Crawley (CEO) MNRE

Galumalemana Taatialeoitiiti Tutuvan –Schwalger (CEO)

LTA

Afamasaga Faauiga Mulitalo (CEO) MWCSD

Manumaleuga Filisita Heather (ACEO) MNRE

Tagaloa Shirley Malielegaoi (ACEO) MNRE

Safuta Toelau (ACEO) MNRE

Maverick Wetzell (Manager) LTA

Levi Auelua (Chief Surveyor LTA) LTA

Telea Kamu Potogi (Principal) MWCSD

Lealaivailu'u Hillary Tanielu (LTA) LTA

Shaanarlei Ward (Principal Safeguard LTA)

LTA

Petania Tuala (Principal Surveyor) MNRE

Sam Meredith (Consultant SMEC) LTA

Tiumalu Malcom Esera (LTA)

Peter Ward (Consultant SMEC) LTA Consultant SMEC

Meresaini Siaosi-Laulua (Consultant ADB) ADB NSSS

Ninebeth Saguan Carandang (ADB Donor)

ADB SS

1.00 Meeting Objective Action Responsible

To solicit support by Mayors of villages between Tanugamanono – Siumu 3-T Junction for the CCIRPU

Explained the aim of the overall project – to upgrade existing road: widening selected areas, footpath, drainage, utility services relocation, road alignment improved design and pavement strengthening. Initial Consultation with affected person(s) to survey and peg project road alignment. Second consultative process involves families, to ensure mutual understanding of affected area of land parcel and properties to establish compensation at market rate.

MNRE MFH / LTA TO / MSL

ADB NSSS

2.0 Line of Communication

Initial point of contact before carrying out LTA Consultant SMEC Surveyor to contact LTA, then contact

LTA

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survey is the respective village mayors Village Mayor using contact mobile numbers obtained

3.0 Issues Discussed

3.1 Tanugamanono mayor SP, sa Toā land pending court decision of 15years to date. LTA to obtain approval for surveyor

to enter if required

LTA to seek court permission prior to surveyor entering land

LTA

3.2 Malololelei mayor SSL - will liaise with Methodist land administrator because Pulenuu duties is outside of liaising with Methodist Reps and require LTA assistance please

LTA to assist village mayor with consultation for the Methodist church authorized representative.

LTA

3.3 Papauta mayor Taliulu - will liaise with EFKS land administrator because Pulenuu duties is outside of liaising with EFKS Reps and require LTA assistance please

LTA confirmed to assist village mayor with consultation for the Methodist church authorized representative.

3.4 Mayor of Nafanua – did not attend this meeting

Invite / Contact mayor directly to explain

MWCSD / LTA

3.5 Compensation – Mayor of Vaoala asked if there will be compensation

MNRE MFH confirmed there will be compensations for land area acquired to accommodate the road project upgrade min. 16m total width of the legal road reserve of 22m.

ADB NSSS MSL added plants, fence etc. contain within affected area of land to be acquired for the project will be compensated.

3.6 Support CCIRUP – Mayor of Vailima noted the village’s full support of the project and are anxious to proceed asap. The same support was indicated by all other village mayors.

3.7 Agreed with LTA for SMEC Surveyor to commence on 22 July 2019 the survey and peg road alignment on site, but must contact first respective village mayor before proceeding.

4.0 Other Business

None.

5.0 Meeting closed 11:55pm

Prepared by:

Ms. Meresaini Siaosi-Laulua

ADB National Social Safeguard Specialist

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6.

7.

8.

DRAFT RP DISCLOSURE REPORT

A. INTRODUCTION

The purpose of the community and stakeholder consultation during the draft Resettlement Plan (“RP”) disclosure is to ensure that all relevant affected parties (“AP”) are aware of the Cross Island Road Project and its subsequent activities that may affect part of their lands and non-land assets and also have the opportunity to raise any key issues that may be addressed during the design and implementation phase of the project. This report provides a summary of how the consultation was implemented and key issues/comments raised by the participants that may need due consideration. The DRAFT RP DISCLOSURE REPORT is prepared for the Asian Development Bank in accordance with the requirement to proceed with the internal review process.

B. CONSULTATION STRATEGY

The draft RP disclosure aimed to ensure that all stakeholders, directly and indirectly affected persons are aware of the measures and procedures put in place to minimize any potential disruptions prior to and during construction works. Participants were also provided with information concerning the due process that will apply to address any complaints / issues arising out of the project that are received by LTA staff and the communication of an agreed resolutions as part of the planned grievance redress mechanism. In addition, the participants were briefly informed on the land acquisition and non-land asset compensation which will require further consultation/discussion with the directly affected parties in the later stages of the RP implementation. Two sessions of consultations were held on the 13th of February 2020, disclosing the RP to both the Urban and Rural (Siumu) sections respectively and approximately 50 people attended the consultations on the day. The consultation kicked off with a presentation providing information to stakeholders on the overall project scope. Copies of the Draft RP both in English and selected sections translated into Samoan language were made available on the day to all participants. The discussions were led by the LTA, MNRE, with SMEC providing clarifications on the technical aspects of the design and supported by GCF-VCP. Registration forms were completed for initial record keeping of affected persons who attended the two sessions. Details of information collected on the day included contact phone number, land tenure, some Sa’o of customary lands, number of

Vaitele Office Phone: (685) 26740/41 Fax: (685) 26739 Savaii Office Phone: (685) 51508 Fax: (685)51207 Private Mail Bag Email: info@lta.gov.ws Web: www.lta.gov.ws

LAND TRANSPORT AUTHORITY PULEGA O FELA'UAIGA I LE LAUELEELE

Please address all correspondence to the: Chief Executive Officer, Land Transport Authority

GOVERNMENT OF SAMOA

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households and residential village without lot/parcel number of land affected. The latter information will be inserted in the registration form once MNRE approves the survey plans. A range of discussions were implemented during the consultation including, but not limited to the following:

● Overview and objectives of the CCIRUP ● Overview of Donors (GCF-VCP, ADB) ● Overview of the draft-final Resettlement Plan ● Grievance and Complaints Redress Mechanism procedure put in place ● Land Acquisition and non-land asset compensation

C. KEY STAKEHOLDER ISSUES RAISED

The feedbacks from the participants/stakeholders during the draft RP disclosure were found to be consistent, in terms of issues and concerns raised during pre-project general consultation, and reflected in the current design. In general, the participants showed a general understanding of the need or purpose of the project. They voiced great support towards the proposed project and reiterated the need or importance of improving road conditions especially upgrading of the drainage system as flooding has been an issue on the CCIR. Other common issues raised were:

● Rate of compensation ● Number of bus shelters/stops and speed humps allocated ● Land-taking procedures ● Temporary loss of livelihoods (roadside stalls)

GENERAL ISSUES RAISED RESPONSE

RATE OF COMPENSATION Several community members voiced concerns on the rates or amount of compensation they will be given for affected lands/non-land assets.

There are guidelines/procedures in place that will be followed to determine the rates that will be used to calculate the total compensation given to respective affected persons. In terms of land evaluation - should the family disagree with the evaluation that was done by the government, the family has all the right to find an independent valuer at their own cost, to obtain a second opinion.

NUMBER OF BUS SHELTERS/STOPS AND SPEED HUMPS ALLOCATED Community members requested for additional bus stops and speed humps - specifically one in each village. The participants also stressed the importance of having a speed hump near schools along the stretch of road.

Importance of having speed humps and bus shelters for community safety are a priority. Hence, this has already been addressed and incorporated into the design.

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LAND-TAKING PROCEDURES Participants requested clarification on the land-taking procedures and if affected households will be compensated.

Each affected household/persons whose land will be acquired for project works will later be individually consulted. Compensation will be based off an evaluation conducted by the Ministry of Natural Resources and Environment (MNRE). The main goal of the consultations and follow-up consultations is to ensure that the AP’s fully understand the process and subsequent procedures that will take place.

TEMPORARY LOSS OF LIVELIHOODS Members voiced concerns to potential temporary loss of their roadside stalls. Requested for clarification on how this issue will be addressed.

Temporary loss of livelihood which includes roadside stalls have already been accounted for. Should the structure need to be removed - the rightful owner will have the options to either receive cash compensation at full replacement cost or the contractor will reinstate at no cost from the affected owner.

D. SUMMARY In summary, feedback from the participants showed great support towards the project. Stakeholders and community members understand the importance of the proposed works which are aimed to provide a more climate resilient and long-term improvement of the road network. No major issues were raised that would prompt a need to alter the design or make changes to the draft RP.

E. PHOTO GALLERY

Urban Section – participants seated after registration

Urban section participants

Urban section participants Rural section (Siumu) – attendance and participant’s registration

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APPENDIX 2: CONSULTATION FLIER

The Central Cross Island Road Upgrading

Project

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The Asia Development Bank (ADB) is providing support for a technical assistance project for a fact-finding mission which will form the basis of funding for procurement and implementation of the Central Cross Island Road Upgrading Project (CCIRUP). The Ministry of Finance (MOF) is the Executing Agency and the Land Transport Authority (LTA) is the Implementing Agency.

The Technical Assistance for project preparation is led by SMEC International Pty Ltd (SMEC) in association with local sub-consultant Meredith Sam Manuel Ltd (MMSM) of Samoa. There will be a formal Fact-Finding Mission, between December 2018 and February 2019, led by ADB.

A. The Current State of the Central Cross Island Road

A number of issues are currently experienced along the Central Cross Island Road which have resulted from natural, climatic, load and maintenance factors including:

Increasing instability and the risk of landslips during extreme rainfall

Unsafe pedestrian access

Premature pavement and road tar seal erosion

Poor drainage systems along the road resulting in lower area flooding and rubbish deluge.

The following images are indicative of the current road state in selected areas that make it difficult to commute safely, especially during peak periods of heavy traffic.

The design is almost complete and once endorsed by LTA and funding agencies, procurement will commence.

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B. The Upgrade

Will be tendered out for a competitive bidding process once land issues have been sorted and funding has been secured.

Road works will last approximately two years as determined by the design and construction.

The life expectancy of the new road is expected to be approximately 20 years.

Some nuisance effects will be experienced by nearby communities and road travelers during construction, including dust, delays and noise. This will be managed through the Environmental Management Plan (EMP), implemented by the proposed contractor.

The new road alignment generally follows the existing route. It has been improved for safety including sight distances, width, and additional road markings and signs including side road connections. Land acquisition and relocation or removal of roadside features such as hedges, fences, trees, vegetation and temporary structures such as roadside stalls will be required in select locations (not required for the entire alignment).

Existing utility services in the Central Cross Island Road include water, power, and telecommunications. These will also be relocated into dedicated utility corridors as part of the civil works.

All significant ecological and cultural sites will be mapped and avoided in the upgrade process.

Further consultations will occur throughout the process; especially with relevant individual persons and lot owners affected by the upgrade.

Questions and comments are welcome and can be addressed to: LTA Phone 26740 Email:info@ita.gov.ws

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Appendix 3: Inventory of Losses

Note: The Inventory of Losses has been provided to ADB for their due diligence activities and records. The document contains confidential information that cannot be publicly disclosed at this time. The final Inventory of Losses will be disclosed to affected persons once it is completed.